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How did a federal prosecutor named Martin Bell end up suing a 70-million-year-old tyrannosaurus, looted from the rocky sands of the Gobi Desert? By teaming up with The Babe Ruth of Forfeiture and a personal injury lawyer representing the president of Mongolia, naturally. What followed was a matter of international diplomacy and Florida men — of a narc at the museum and a conspicuous crate, all leading to Pablo's high school, The Graveyard of the Oviraptor... and, of course, Nicolas Cage. Learn more about your ad choices. Visit podcastchoices.com/adchoices
How did a federal prosecutor named Martin Bell end up suing a 70-million-year-old tyrannosaurus, looted from the rocky sands of the Gobi Desert? By teaming up with The Babe Ruth of Forfeiture and a personal injury lawyer representing the president of Mongolia, naturally. What followed was a matter of international diplomacy and Florida men — of a narc at the museum and a conspicuous crate, all leading to Pablo's high school, The Graveyard of the Oviraptor... and, of course, Nicolas Cage. Learn more about your ad choices. Visit podcastchoices.com/adchoices
(The Center Square) – According to a professor who has studied public corruption, it might be a good thing that prosecutors are seeking $3.14 million in forfeiture proceeds from convicted former Illinois House Speaker Michael Madigan. Connie Mixon, professor of political science and director of the Urban Studies Program at Elmhurst University, said convictions and prison sentences have not kept many of the state's elected officials from committing crimes up to this point. “We keep having these guilty corruption cases over and over and over again, but corruption persists,” Mixon told The Center Square.
030625 1st Hour Suzanne C Sherman Trump SCOTUS Sanctuary Cities and Forfeiture by Kate Dalley
The “flavor of the month” in retirement plan ERISA lawsuits seems to be 401(k) forfeiture reallocation cases, where employers are accused of using forfeited funds to benefit the company instead of plan participants.Richard Clarke, Chief Insurance Officer at Colonial Surety Company, a leading direct seller and writer of surety bonds, joins the 401(k) Specialist Podcast to address why plan sponsors need to remain vigilant and have the proper guardrails in place to mitigate the risk of a costly lawsuit.He'll also talk about some of the new SECURE 2.0 provisions and how plan sponsors can safeguard against fiduciary breaches resulting from the new provisions.Key InsightsRise in 401(k) Forfeiture Lawsuits: ERISA lawsuits targeting 401(k) forfeiture reallocations are increasing, with plan sponsors accused of misusing forfeited funds instead of reinvesting them for participants.Fiduciary Liability Risks: Plan fiduciaries face personal liability if forfeitures are not handled in accordance with ERISA guidelines, emphasizing the need for proper safeguards.Secure 2.0 Compliance Challenges: New Secure 2.0 provisions create compliance hurdles for plan sponsors, including higher RMD ages, emergency withdrawals, and expanded eligibility rules
A “new” entrant to the forfeiture reallocation suit “suite”—and a decision in favor of fiduciary defendants. Nevin & Fred review the latest developments.Yet another 401(k) forfeiture fiduciary breach suit has beenfiled—but there are some key differences: The plaintiffs are represented by the law firm of Schlichter Bogard, LLC. The plan involved was the largest targeted by this type of litigation to date (nearly $8 billion). The plan document language prohibited use of forfeitures to offset employer contributions before offsetting administrative expenses (at least according to the suit).And then there is a case that has been through severalrounds of adjudication—and though winning, has had to keep going back to court. But HP finally prevailed, and though the actions regarding the application of forfeitures were seen as fiduciary decisions—well, there was a bit of a “new” twist in how the judge viewed them.In this episode Nevin (Adams) & Fred (Reish) examine theissues and potential implications, as well as a quick review of some recent updates.Episode ResourcesSchlichter Targets Massive 401(k) Plan With Forfeiture Suit401(k) Fiduciaries Fend Off Forfeiture Reallocation SuitSome “new” News:DOL Pushes Pause on 401(k) Fiduciary Rule SuitsBreaking News: White House Nominates Next EBSA AssistantSecretarySupremes Hear ERISA Burden of Proof Case
In this episode of Friday Fiduciary Five, Eric Dyson talks about forfeiture lawsuits in defined contribution plans, emphasizing the importance of understanding both IRS regulations and ERISA rules. He explains that forfeitures can be used to pay plan expenses, fund employer contributions, or provide additional benefits to participants in defined contribution plans. Eric advises reviewing plan documents and considering a waterfall provision for forfeiture use. He also highlights a recent lawsuit by the Schlichter firm against Charter Communications, alleging the plan document was not followed by failing to prioritize paying plan expenses first. Eric stresses the need for plan committees to consult with attorneys, record keepers, and advisors to ensure compliance.Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information contained herein is general in nature and is provided solely for educational and informational purposes.It is not intended to provide a specific recommendation of any type of product or service discussed in this presentation or to provide any warranties, financial advice or legal advice.The specific facts and circumstance of all qualified plans can vary and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan specific circumstances.
Today's podcast covers issues facing Tennessee Football in 2025, if the Volunteers miss John Calipari coaching the Kentucky Wildcats and a dumb suggestion by Alabama Crimson Tide athletic director Greg Byrne. The Dave Hooker Show. Represented by Banks and Jones. Tennessee's Trial Attorneys. Play to win. Why settle? Banks and Jones, led by T. Scott Jones. https://www.banksandjones.com/ Live from the Ted Russell Ford/Lincoln Studio. Ted Russell/Ford Lincoln is your home for the finest vehicles in Knoxville. New and used. East Tennessee's largest Ford and Lincoln Volume dealer Brainerd Golf Course and Brown Acres Golf Course Golf Chattanooga's best public courses. Tee times available! Just click below. https://secure.east.prophetservices.c... Campbell, Cunningham, Taylor and Haun. Life is better when you see better!!! http://www.ccteyes.com Chattanooga Mortgage Congratulations! Your home search just got easier. Buying a home in Chattanooga has never been easier. https://chattmortgage.com/ City Heating and Air 50 years in East Tennessee. Integrity Matters! http://www.cityheatandair.com Commercial Bank Commercial Bank. Member FDIC. Life. Made Better. https://www.cbtn.com/ Double D Piping Fire Protection Contractors Providing around-the-clock service, protecting our customers' lives and properties at all times. https://doubledpiping.com/ Dynasty Pools and Spas The best spas right here in Athens. The best chemicals for your pool and spa. Right here in Athens. Stop by, mention Off The Hook Sports and get a free OTH prize and $500 off! Hemp House The premier hemp dispensary online with a wide variety, great selection and strict standards. https://hemphousechatt.com/ Use promo code "HOOKED" for 10-percent off. HoundDogs of Knoxville Champions look good in Orange! https://hdknoxville.com/ Joe Neubert Collision Center For nearly 50 years, Neubert Collision Center has been East Tennessee's best choice for quality repair work and fantastic customer service. https://www.joeneubertcollision.com/ National Fitness Center Unmatched value. Limitless options. Begin your fitness journey today! https://nfc1.com/ Peak IV Hydration In South Knoxville and Sevierville. Live your life to the fullest. Hydrate, rejuvenate, and elevate your health with Peak IV Hydration. https://www.peakivhydration.com/ Quality Tire Pros Serving Chattanooga community since 1957. All major brands of tires. Full Service Automotive. Brake, Alignments, Oil Changes and more. https://www.qualitytirepros.com/ Say OTH said “Hey Bo!” Rick Terry Jewelry Designs We want to be your Jeweler! Looking for affordable game-day jewelry. A Tennessee tradition. https://rickterryjewelry.com/ Sports Treasures Carrying Over 5-million Sports Treasures….and so much more! Follow on Facebook for the best sports memorabilia. Daily updates! https://www.facebook.com/SportsTreasuresTn Tri-Star Hats For the latest in Tri-Star Hats, go to the original. Hats, apparel and more!!! http://www.tristarhatsco.com The UPS Store Hardin Valley Helping individuals and small businesses. Wide range of products and services. Locally owned and operated. https://locations.theupsstore.com/tn/knoxville/10629-hardin-valley-rd WorkTrux They are all about trucks. Right truck. Right place. Right time. https://worktruxllc.com/ Workout Anytime Offers affordable fitness with high-quality equipment whenever you want it. Fitness that fits your life means there's no excuse, just results. https://workoutanytime.com/ooltewah/ Learn more about your ad choices. Visit megaphone.fm/adchoices
This is a follow up the another video that I made a year ago - https://youtu.be/vNy-92raveU The FCC has issued a forfeiture order for $34,000 to a Ham Radio Operator for interfering with a fire department during a forest fire. The charge was appealed, then denied. Look at this...Today's video is sponsored by Ham Radio Prep - save 20% with coupon code JASON20 at this link - https://hamradioprep.comLinks:reddit article - https://www.reddit.com/r/amateurradio/comments/1hsyo5c/fcc_forfeiture_order_to_wa7cq/FCC PDF Document - https://docs.fcc.gov/public/attachments/FCC-24-134A1.pdfRadioworld article - https://www.radioworld.com/news-and-business/headlines/ham-operator-must-pay-in-first-responder-interference-caseBecome a supporter of this podcast: https://www.spreaker.com/podcast/ham-radio-2-0--2042782/support.
In this episode, Eric discussed:The metaphorical IRS vs. ERISA Tug-of-War on ForfeituresERISA Fiduciary Duties and the Plan DocumentForfeiture Lawsuits and Plan Document Compliance Reviewing and Updating the Plan Document for ForfeituresKey Takeaways:There is a proverbial "tug of war" between IRS regulations for qualified plans and ERISA fiduciary principles when it comes to the use of forfeiture funds. IRS allows 3 options, while ERISA views forfeiture funds as plan assets that must be used in the best interest of participants.ERISA fiduciaries have key duties, including following the plan document, which is crucial when determining how to properly use forfeiture funds.Many ERISA forfeiture lawsuits have been dismissed due to the plan document allowing the use of forfeitures for plan expenses or offsetting employer contributions, rather than returning them to participants.Plan committees and advisors should review their plan documents to ensure compliance with how forfeiture funds are being utilized, and consider updating the document if the intent is to never return forfeitures to participants.“If you never, ever intend to return that money to plan participants, go ahead and change the document to say that you can either pay plan expenses or use forfeitures to offset the employer match and don't leave it in the document provision to return it to the participants.” - Eric DysonConnect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information and content of this podcast is general in nature and is provided solely for educational and informational purposes. It is believed to be accurate and reliable as of the posting date but may be subject to changeIt is not intended to provide a specific recommendation for any type of product or service discussed in this presentation or to provide any warranties, investment advice, financial advice, tax, plan design or legal advice (unless otherwise specifically indicated). Please consult your own independent advisor as to any investment, tax, or legal statements made.The specific facts and circumstances of all qualified plans can vary and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan-specific circumstances.
This week on Black on Black Cinema, the crew returns to discuss the 2024 action film, "Rebel Ridge," starring Aaron Pierre, Don Johnson, and AnnaSophia Robb. The film follows a former Marine who has to grapple his way through a web of small-town corruption when an attempt to post bail for his cousin escalates into a violent standoff with the local police chief.
Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen to the Daily Compliance News. All from the Compliance Podcast Network. Each day, we consider four stories from the business world: compliance, ethics, risk management, leadership, or general interest for the compliance professional. In today's edition of Daily Compliance News: Carolyn Ellison is sentenced to 2 years in prison and forfeits $11 billion. (NYT) Wagner Group used HSBC and JPMorgan for payments. (FT) China probes PVH. (Reuters) Wells Fargo must face a Caremark claim. (Reuters) For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here. Check out the full 3-book series, The Compliance Kids on Amazon.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
Minnesotans who lost a home for failing to pay property taxes in the past few years could be entitled to compensation. A statewide legal settlement provides more than $100 million for former homeowners who lost out on equity after their property was sold for more than they owed in taxes and fees.And Minneapolis police say they misidentified a man accused of pistol whipping two residents of a north Minneapolis shelter. The Hennepin County Attorney's Office says investigators informed prosecutors of the error immediately.This is an MPR News morning update, hosted by Phil Picardi. Music by Gary Meister.Find these headlines and more at Mprnews.org.Minnesotans who lost their home to tax forfeiture may be entitled to money. Here's how to claim itProsecutors drop shelter attack charges against ‘misidentified' suspectRead the latest edition of the AM Update newsletter.Subscribe on Apple Podcasts, Spotify, YouTube or RSS.
The so-called fiduciary rule has been stayed—and legal challenges regarding forfeiture reallocation are picking up. Nevin & Fred discuss what you should be doing…now. About a month ago two separate federal judges put a hold on the effective date (09/23) of the Labor Department's new fiduciary rule—indefinitely. n ordering the stay, United States District Judge Jeremy D. Kernodle explained that “the 2024 Fiduciary Rule suffers from many of the same problems” that were found in the version vacated by the Fifth Circuit back in 2018. On the other (unrelated) hand, the number of suits alleging a fiduciary breach in the use of forfeitures to offset employer contributions is increasing—and most recently those charges have been appended to the more “traditional” excessive fee suits. That, and a couple of the original group have now gotten past the motion to dismiss. In light of those trends, what should plan fiduciaries do? In this podcast episode, Nevin & Fred will discuss the trends, the issues, the implications, and some next steps. Episode Resources: Staff Bulletin: Standards of Conduct for Broker-Dealers and Investment Advisers Account Recommendations for Retail Investors https://www.sec.gov/tm/iabd-staff-bulletin Fiduciary Rule Federal Judge Slams Brakes on Fiduciary Rule https://www.napa-net.org/news-info/daily-news/breaking-news-federal-judge-slams-brakes-fiduciary-rule Another Federal Court Slams Fiduciary Rule https://www.napa-net.org/news-info/daily-news/another-federal-court-slams-fiduciary-rule Department of Labor Releases Final Investment Advice Fiduciary Rule https://www.napa-net.org/news-info/daily-news/breaking-department-labor-releases-final-investment-advice-fiduciary-rule Forfeiture Reallocation Litigation Major Forfeiture Fiduciary Breach Suit Gets Green Light https://www.napa-net.org/news-info/daily-news/major-forfeiture-fiduciary-breach-suit-gets-green-light Another Excessive Fee Suit (Also) Claims Forfeiture Use a Fiduciary Breach https://www.napa-net.org/news-info/daily-news/another-excessive-fee-suit-also-claims-forfeiture-use-fiduciary-breach Nordstrom Nailed With Massive Allegations in 401(k) Fiduciary Breach Suit https://www.napa-net.org/news-info/daily-news/nordstrom-nailed-massive-allegations-401k-fiduciary-breach-suit Future Live Appearances: Strategic Retirement Partners: https://www.srpretire.com/ ASPPA Annual: https://asppaannual.org/ NAPA 401(k) Summit: https://napasummit.org
#BRNSunday #1808 | 401(k) Forfeiture Lawsuits Having Their Day in Court | David Levine & Kevin Walsh, Groom Law Group and Oliver Renick, Schwab Network | #Tunein: broadcastretirementnetwork.com | #Independent. #GetTheFullStory. #JustTheFacts. #Everyday. #AllInOnePlace.
On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt discusses pending court cases regarding the proper use of forfeitures that arise under defined contribution plans. He outlines how these new developments present potential conflicts and liabilities that employers and fiduciary committees need to consider.
Noluthando Mthonti-Mlambo speaks to Rob Rose, Journalist and Author of The Grand ScamSee omnystudio.com/listener for privacy information.
Treasury Orders Banks To Report Russian Assets For Eventual Forfeiture Earlier this year Congress passed the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act. Which would facilitate the confiscation of the Russian assets that were frozen when Russia invaded Ukraine. On Tuesday night, the US Treasury took the next step towards an outright confiscation by ordering US banks to start disclosing its holdings of Russian assets, 'with the goal of eventually seizing those assets and selling them to aid the Ukrainian economy.' Click the video to find out more! - To join our free email list and never miss a video click here: https://arcadiaeconomics.com/email-signup/ - To get on the waiting list for your very own ´Silver Chopper Ben´ sterling silver figurine click here: https://arcadiaeconomics.com/get-a-chopper-ben/ - To get your paperback or audio copy of The Big Silver Short go to: https://arcadiaeconomics.com/thebigsilvershort/ Find Arcadia Economics content on these sites: YouTube - https://www.youtube.com/user/ArcadiaEconomics Rumble - https://rumble.com/c/ArcadiaEconomics Bitchute - https://www.bitchute.com/channel/kgpeiwO1dhxX/ LBRY/Odysee - https://odysee.com/@ArcadiaEconomics:5 Listen to Arcadia Economics on your favorite Podcast platforms: Spotify - https://open.spotify.com/show/75OH2PpgUpriBA5mYf5kyY Apple - https://podcasts.apple.com/us/podcast/arcadia-economics/id1505398976 Google-https://podcasts.google.com/feed/aHR0cHM6Ly9teXNvdW5kd2lzZS5jb20vcnNzLzE2MTg5NTk1MjMzNDVz Anchor - https://anchor.fm/arcadiaeconomics Amazon - https://podcasters.amazon.com/podcasts Follow Arcadia Economics on these social platforms Twitter - https://twitter.com/ArcadiaEconomic Instagram - https://www.instagram.com/arcadiaeconomics/ #silver #silverprice And remember to get outside and have some fun every once in a while!:) (URL0VD)Subscribe to Arcadia Economics on Soundwise
“You have to fight AI with AI.” In this episode, we take a slight detour from our planned look at Consensus 24 to bring you a special conversation with Matt O'Neil, co-founder and partner at 50H Consulting and former Deputy Special Agent in Charge of Cyber at the @US Secret Service.Matt shares his unique insights and experiences with our host, Aidan Larkin. Together, they delve into the challenges of asset recovery and forfeiture, especially those concerning cyber-enabled fraud. They discuss why the Secret Service investigates financial crimes, the importance of leveraging emerging technologies like AI to combat sophisticated transnational cybercrime and the necessity for enhanced information-sharing practices between the public and private sectors.Timestamps00:00 - Matt's journey with the US Secret Service05:00 - Using asset seizures to fight cyber-enabled fraud09:30 - The Secret Service's role in investigating financial crime12:00 - Challenges in asset recovery and forfeiture15:00 - Operation Shamrock and enhancing cross-sector information-sharing22:30 - Reimagining regulations for technology and finance29:00 - Understanding a typical scam case31:30 - Leveraging AI to combat transnational crime35:30 - Future trends in financial crime and asset recoveryResources Mentioned:Operation ShamrockErin West and Pig Butchering on Seize & DesistAbout our Guest:Matt O'Neil has over 25 years of experience disrupting and dismantling financially motivated transnational organised criminal groups with the US Secret Service.As the former Managing Director of the USSS Global Cyber Investigative Operations Center (GIOC) and Cyber Intelligence Section (CIS), Matt was instrumental in coordinating international takedowns of digital money laundering networks and dark web marketplaces. His efforts led to the prosecution of globally notorious cybercriminals responsible for stealing and laundering billions. He also led their Asset Forfeiture Branch to successfully recover more than US$2 billion in seized assets in just 2 years. Since retiring from the Secret Service, Matt has dedicated himself to raising awareness for the threats posed by transnational organised crimes like pig butchering, ransomware and phishing.DisclaimerOur podcasts are for informational purposes only. They are not intended to provide legal, tax, financial, and/or investment advice. Listeners must consult their own advisors before making decisions on the topics discussed. Asset Reality has no responsibility or liability for any decision made or any other acts or omissions in connection with your use of this material.The views expressed by guests are their own and their appearance on the program does not imply an endorsement of them or any entity they represent. Views and opinions expressed by Asset Reality employees are those of the employees and do not necessarily reflect the views of the company. Asset Reality does not guarantee or warrant the accuracy, completeness, timeliness, suitability or validity of the information in any particular podcast and will not be responsible for any claim attributable to errors, omissions, or other inaccuracies of any part of such material. Unless stated otherwise, reference to any specific product or entity does not constitute an endorsement or recommendation by Asset Reality.
“The speed at which this happens is faster than anything we've seen before.”In this episode, Seize & Desist host Aidan Larkin is joined by Jarod Koopman, the Executive Director of Cyber and Forensic Services at IRS Criminal Investigations.As the only federal law enforcement agency to focus completely on fighting financial crimes, IRS Criminal Investigations has seized more digital assets than any other agency in the world. Aidan and Jarod discuss the secret to IRS-CI's status as a world leader in digital currency investigations, the reliability of blockchain analytics data in court and the lasting impact of asset seizures on criminal behaviour.Jarod shares his thoughts on the legitimacy of cryptocurrency transactions, the necessary compliance guidelines, and the parallels between Brazilian jiu-jitsu and cryptocurrency investigations.Timestamps01:00 - IRS's Expertise in Cybercrime and Asset Seizures05:30 - Unveiling the Success Behind Major Investigations07:00 - Revolutionizing Transactional Analysis with Blockchain Tools11:30 - Collaborative Innovation in Cybercrime Investigations13:30 - Evaluating FATF's Effectiveness in Asset Recovery16:00 - Balancing Privacy and Crime Prevention19:30 - Explaining Cryptocurrency Mixers and Blockchain Laundering20:00 - Legitimate Uses of Cryptocurrency Amongst the Illicit Activity25:30 - The Impact of Asset Seizure in Fighting Crime30:00 - Law Enforcement and the Evolving Digital Landscape33:00 - Fostering Resilience and Innovation36:00 - Why Martial Arts Promotes Success in the Investigative Services41:00 - Civil Forfeiture in Asset Recovery44:00 - Validating Blockchain Analytics in Legal JudgmentsResources Mentioned:Jarod on the TRM Talks PodcastSamourai Wallet Founders Arrested and Charged With Money Laundering IRS Criminal Investigations on LinkedIn About our Guest:Jarod Koopman is the Executive Director of Cyber and Forensic Services at IRS Criminal Investigations and a black belt in Brazillian Jiu-Jitsu.He joined the IRS directly after college, rising through the ranks to become the agency's first director of cybercrime. In this role, Jarod oversees all global operations involving cyber and forensic activities, including policy, procedures, budget and investigative services. He also oversees the operation of their new centralised Advanced Collaboration and Data Center (ACDC) which specialises in training and support for crypto compliance.DisclaimerOur podcasts are for informational purposes only. They are not intended to provide legal, tax, financial, and/or investment advice. Listeners must consult their own advisors before making decisions on the topics discussed. Asset Reality has no responsibility or liability for any decision made or any other acts or omissions in connection with your use of this material.The views expressed by guests are their own and their appearance on the program does not imply an endorsement of them or any entity they represent. Views and opinions expressed by Asset Reality employees are those of the employees and do not necessarily reflect the views of the company. Asset Reality does not guarantee or warrant the accuracy, completeness, timeliness, suitability or validity of the information in any particular podcast and will not be responsible for any claim attributable to errors, omissions, or other inaccuracies of any part of such material. Unless stated otherwise, reference to any specific product or entity does not constitute an endorsement or recommendation by Asset Reality.
Under the United States Sentencing Guidelines, loss is a critical factor in calculating a sentence for a defendant facing white-collar criminal charges. Yet methods of calculating loss can be far from clear. This panel of current and former federal prosecutors will walk through the basics of loss calculations and other financial penalties facing white-collar defendants. In addition, the panel will examine recent case law, including the Third Circuit's recent decision in United States v. Banks, with the potential to impact how courts in Massachusetts and across the country approach loss calculations moving forward. Questions? Inquiries about program materials? Contact Trenon Browne at tbrowne@bostonbar.org
It's from Michigan. www.patreon.com/stevelehto
One of several people embroiled in a scheme to defraud the Western Area Power Administration's Montrose office should only be on the hook for about $6,000 — if anything — his attorneys argue.Support the show: https://www.montrosepress.com/site/forms/subscription_services/See omnystudio.com/listener for privacy information.
Welcome to Module 4, where we'll examine the Sixth Amendment of the United States Constitution. The Sixth Amendment is a vital component of the Bill of Rights, providing critical protections for individuals accused of crimes. It guarantees the rights to a speedy and public trial, an impartial jury, the right to confront witnesses, and the right to counsel. This module will delve deeply into each of these rights, exploring their historical background, legal interpretations, and contemporary relevance. Right to Counsel. Attachment of the Right. The right to counsel is fundamental to ensuring a fair trial. It attaches when a defendant faces a critical stage of prosecution, such as arraignment, trial, sentencing, and certain post-conviction proceedings. Historical Background and Development: Traced back to the 1932 Powell v. Alabama case, where the Supreme Court recognized the necessity of counsel in capital cases. The landmark case of Gideon v. Wainwright (1963) expanded this right, guaranteeing counsel to all defendants in felony cases. Effective Assistance of Counsel. The Sixth Amendment not only guarantees the right to counsel but also ensures that this representation is effective. Criteria for Effective Assistance: Competent Representation: Counsel must possess the knowledge, skill, and diligence reasonably necessary to provide competent representation. Advocacy Free of Conflict of Interest: The representation must be free from conflicts that could impair loyalty to the client. Strickland Test: A two-pronged test from Strickland v. Washington is used to evaluate ineffectiveness claims, requiring a defendant to show deficient performance by counsel and resulting prejudice. Speedy and Public Trial. Determining the Speedy Trial Period. The right to a speedy trial protects defendants from undue delays that can compromise the fairness of the trial and cause unnecessary anxiety and concern. Factors in Determining Speediness: Length of Delay: The length of the delay is the threshold factor. Reason for the Delay: Delays caused by the prosecution or for tactical advantage weigh against the government. Defendant's Assertion of the Right: Whether and how often the defendant asserted their right to a speedy trial. Prejudice to the Defendant: Consideration of the prejudice to the defendant, such as impaired defense, anxiety, and public suspicion. Implications of a Violation. Violation of the right to a speedy trial can result in various remedies, including: Dismissal of Charges: The most common remedy for a violation of the right to a speedy trial. Reduced Sentence: In some cases, a violation can lead to a reduced sentence rather than dismissal. Confrontation Clause. Right to Confront Witnesses. The Confrontation Clause provides an accused the right to confront the witnesses against them. This is a critical component of a fair trial, ensuring the defendant can challenge the evidence presented. Application and Importance: Cross-Examination: The primary interest secured by the Confrontation Clause is the right of cross-examination. Exceptions: There are exceptions, such as in cases of child testimony in abuse cases or where the witness is unavailable but has given prior testimony. Exceptions and Limitations. While the Confrontation Clause is a fundamental right, certain exceptions and limitations apply: Forfeiture by Wrongdoing: If a defendant is found to have wrongfully caused a witness's unavailability, they forfeit the right to confront that witness. Statements Not Testimonial in Nature: Certain statements made for purposes other than legal proceedings may not trigger the right of confrontation. Reliability and Necessity: In some cases, the Supreme Court has allowed the admission of evidence where it is deemed reliable and necessary for the trial. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support
DEAR PAO: Forfeiture of benefits in case of employee's termination | January 3, 2024Subscribe to The Manila Times Channel - https://tmt.ph/YTSubscribe Visit our website at https://www.manilatimes.net Follow us:Facebook - https://tmt.ph/facebookInstagram - https://tmt.ph/instagramTwitter - https://tmt.ph/twitterDailyMotion - https://tmt.ph/dailymotion Subscribe to our Digital Edition - https://tmt.ph/digital Check out our Podcasts:Spotify - https://tmt.ph/spotifyApple Podcasts - https://tmt.ph/applepodcastsAmazon Music - https://tmt.ph/amazonmusicDeezer: https://tmt.ph/deezerStitcher: https://tmt.ph/stitcherTune In: https://tmt.ph/tunein #TheManilaTimes Hosted on Acast. See acast.com/privacy for more information.
On this episode of Ask Michelle, Michelle updates attendees on the Blue Cross Blue Shield Class Action Lawsuit Settlement, California's New Workplace Violence Prevention Standard, and the deadline for EEO-1 Reporting. Michelle answered your questions regarding FSA forfeiture balances and open enrollment deadline extensions. Curious about a compliance issue? Submit your questions to AskMichelle@boltonco.com and Michelle will answer them on the next episode.
Joe Selvaggi hosts a conversation with constitutional legal expert Clark Neily, who delves into the facts and legal complexities surrounding USA v. Rahimi, currently before the Supreme Court. This case questions the forfeiture of Second Amendment rights for individuals accused of domestic abuse. Guest: Clark Neily is senior vice president for legal studies at the […]
Joe Selvaggi hosts a conversation with Constitutional legal expert Clark Neily, who delves into the facts and legal complexities surrounding the USA v. Rahimi case, currently before the Supreme Court. This case questions the forfeiture of Second Amendment rights for individuals accused of domestic abuse.
Steve Gruber discusses news and headlines.
Mental Health, The Law and Understanding Forfeiture | The Legal Insider S02E02
The No Focus Radio Hour: Fresno and Beyond since 2012 - Podcast
The 'no Focus Radio Hour Ep 187: "Civil Podcast Forfeiture."It is a very special Doorman and Knobs episode and we chat about:Did you like the last episode?Shaver Lake BrewFest - Re-capPine Ridge Boosters: Loggers Jamboree2nd Annual BBQ and Brew: Hoedown at The ShedWhats new with you?Home Ownership ProblemsThe Housing CrisisCrisis since the 70'sEscape Room SponsorLocal NewsClovis: The Best Place to Live?Local History Lesson: The Craycroft HomeStarbucks vs Monday Dog CoffeeJack-Wagon of the Week: The City of ClovisWorlds Largest CostcoCan we go back to mom and pop shops?Civil Asset ForfeitureForfeiture ExamplesNational NewsThe Blaze SummitThe Flash and Pardon the Intermission PodcastFor more shows to join our Discord server, buy us a coffee, send us a message, and more - visit:www.NoFocusRadio.comSupport us and become a member HERE!No Focus: Fresno and Beyond since 2012------------Tags:#fresno #clovis #podcast #podcastersofinstagram #fresnoradio #centralvalley #radio #shaverlakebrewfest #housingcrisis #california #costco #blazesummit #civisasssetforfeiture #theflash #escaperoom #hoedownSupport this podcast at — https://redcircle.com/no-focus-radio/exclusive-content
If you want to find out more about our Boutique Property Management service email me natasha@ncrealestate.co.uk This week I give you an update on my Telephone Box, I discuss forfeiture and when it's necessary and go through the WORST business decision I ever made and how I'm celebrating, 8 years later just getting out of it!!
A Minnesota tax forfeiture case goes before the U.S. Supreme Court for a pivotal decision and state officials say immigration could ease Minnesota's labor woes. This is an evening update from MPR News, hosted by Tim Nelson. Music by Gary Meister.
Another problem with Civil Asset Forfeiture. https://ij.org/
OUTLINE of today's show with TIMECODESChanges we're working on for the broadcast — new live stream and other things 2:05Jason Barker, Knights of the Storm, update on prayer request 17:38Listener asks whether we should call Davos "World Economic Foreclosure" instead of "Forfeiture". Here's the difference 20:36Listener comments on DeSantis' Grand Jury move — could it investigate HIS actions? 23:13The mystery of God's sovereignty and sovereignty. 27:16Socialists in Memphis, TN use the tragic death of Tyre Nichols to push race war and defund police — civil war, chaos, crime instead of reform 31:17WATCH: two people who knew Tyre from a California youth ministry 48:46MSM says white people are to blame for the death of a black man, killed by 5 black cops in a jurisdiction where all the leadership is black 50:42Smerconish's case for manslaughter instead of second-degree murder. 1:05:57Where is 1:05:57Project Veritas vs Pfizer Lies 1:18:12"Mainstream" media completely ignores Project Veritas film of Pfizer contractor bragging about "directed evolution" a.k.a., Gain of Function. Are we the mainstream media now if more people see it than would even IF MSM covered it? 1:21:46What is Pfizer planning to do regarding mutating the virus? 1:37:32What steps are being taken to ensure the mutated virus does not leak from the laboratory and if the company is connecting with other pharmaceuticals? 1:40:41The bigger picture about Pfizer's Gain of Function 1:55:40Rapid escalation in Ukraine war. This is NOT like the proxy wars we've had since WW2 ended 2:17:23Blatant Christian persecution in the Biden administration? 2:40:53Sidewalk Ministries have seconds to reach the hearts of pregnant women moments before they walk into an abortion facility. 2:46:26Find out more about the show and where you can watch it at TheDavidKnightShow.com If you would like to support the show and our family please consider subscribing monthly here:SubscribeStar https://www.subscribestar.com/the-david-knight-showOr you can send a donation through Mail: David Knight POB 994 Kodak, TN 37764Zelle: @DavidKnightShow@protonmail.comCash App at: $davidknightshowBTC to: bc1qkuec29hkuye4xse9unh7nptvu3y9qmv24vanh7Money is only what YOU hold: Go to DavidKnight.gold for great deals on physical gold/silver
OUTLINE of today's show with TIMECODESChanges we're working on for the broadcast — new live stream and other things 2:05Jason Barker, Knights of the Storm, update on prayer request 17:38Listener asks whether we should call Davos "World Economic Foreclosure" instead of "Forfeiture". Here's the difference 20:36Listener comments on DeSantis' Grand Jury move — could it investigate HIS actions? 23:13The mystery of God's sovereignty and sovereignty. 27:16Socialists in Memphis, TN use the tragic death of Tyre Nichols to push race war and defund police — civil war, chaos, crime instead of reform 31:17WATCH: two people who knew Tyre from a California youth ministry 48:46MSM says white people are to blame for the death of a black man, killed by 5 black cops in a jurisdiction where all the leadership is black 50:42Smerconish's case for manslaughter instead of second-degree murder. 1:05:57Where is 1:05:57Project Veritas vs Pfizer Lies 1:18:12"Mainstream" media completely ignores Project Veritas film of Pfizer contractor bragging about "directed evolution" a.k.a., Gain of Function. Are we the mainstream media now if more people see it than would even IF MSM covered it? 1:21:46What is Pfizer planning to do regarding mutating the virus? 1:37:32What steps are being taken to ensure the mutated virus does not leak from the laboratory and if the company is connecting with other pharmaceuticals? 1:40:41The bigger picture about Pfizer's Gain of Function 1:55:40Rapid escalation in Ukraine war. This is NOT like the proxy wars we've had since WW2 ended 2:17:23Blatant Christian persecution in the Biden administration? 2:40:53Sidewalk Ministries have seconds to reach the hearts of pregnant women moments before they walk into an abortion facility. 2:46:26Find out more about the show and where you can watch it at TheDavidKnightShow.com If you would like to support the show and our family please consider subscribing monthly here:SubscribeStar https://www.subscribestar.com/the-david-knight-showOr you can send a donation through Mail: David Knight POB 994 Kodak, TN 37764Zelle: @DavidKnightShow@protonmail.comCash App at: $davidknightshowBTC to: bc1qkuec29hkuye4xse9unh7nptvu3y9qmv24vanh7Money is only what YOU hold: Go to DavidKnight.gold for great deals on physical gold/silver
Topic begins at (0:20:21) mark: Mike Postle final tables in Biloxi, lists himself under name "Michael Lawrence" -- did Veronica & Druff get any of it?.... (1:48:20): "Jim", a friend of Mike Postle's, calls in and has a debate/discussion about the entire situation.... (3:11:11): Pokerstars PCA back in Bahamas, but Druff warns of "civil forfeiture" effort by government which might nail players flying back.... (4:42:37): Jami Lafay's tweets imply she is committing suicide, and poker Twitter panics when she vanishes.... (5:25:52): MGM properties in Las Vegas ban recording of any gambling on property, which affects poker vloggers -- was this D Lucky's fault?.... (5:44:03): Las Vegas judge who attempted to break up underage prostitution ring is found dead, "suicide" immediately listed as cause.... (6:46:25): Final table of WSOP Circuit event has an embarrassing moment, as a player is "elminiated" on a hand that should have been a tie.... (7:05:03): Melissa Schubert and Danielle Anderson hilariously shame "Coke Can Greg" for sending gross unsolicited nudes to Melissa.... (7:42:29): Harrah's Las Vegas has gotten rid of the iconic casino statue of "Buck, Winnie, and Chip".... (7:53:38): FBI claims a European woman ran a $4 billion crypto Ponzi scheme, and they can't find her.... (8:10:07): Druff breaks down the bizarre feud between major conservative YouTube personalities Ben Shapiro and Steven Crowder.... tradershky and khalwat co-host the final few hours.
Topic begins at (0:20:21) mark: Mike Postle final tables in Biloxi, lists himself under name "Michael Lawrence" -- did Veronica & Druff get any of it?.... (1:48:20): "Jim", a friend of Mike Postle's, calls in and has a debate/discussion about the entire situation.... (3:11:11): Pokerstars PCA back in Bahamas, but Druff warns of "civil forfeiture" effort by government which might nail players flying back.... (4:42:37): Jami Lafay's tweets imply she is committing suicide, and poker Twitter panics when she vanishes.... (5:25:52): MGM properties in Las Vegas ban recording of any gambling on property, which affects poker vloggers -- was this D Lucky's fault?.... (5:44:03): Las Vegas judge who attempted to break up underage prostitution ring is found dead, "suicide" immediately listed as cause.... (6:46:25): Final table of WSOP Circuit event has an embarrassing moment, as a player is "elminiated" on a hand that should have been a tie.... (7:05:03): Melissa Schubert and Danielle Anderson hilariously shame "Coke Can Greg" for sending gross unsolicited nudes to Melissa.... (7:42:29): Harrah's Las Vegas has gotten rid of the iconic casino statue of "Buck, Winnie, and Chip".... (7:53:38): FBI claims a European woman ran a $4 billion crypto Ponzi scheme, and they can't find her.... (8:10:07): Druff breaks down the bizarre feud between major conservative YouTube personalities Ben Shapiro and Steven Crowder.... tradershky and khalwat co-host the final few hours.
This is a case where they OUGHT to handle it as a criminal rather than civil forfeiture. www.patreon.com/stevelehto
Today's blockchain and cryptocurrency news Bitcoin is up slightly at $23,023 Ethereum is up slightly at $1,656 Binance Coin is up slightly at $304 Solana, up 19% US Seizes $171M from SBF, brings total to $700M+ SEC issues charges against MNGO Markets exploiter Avraham Eisenberg Brett Harrison raises $5M in stealth for DeFi project Genesis owes Stellar Foundation $13M. Learn more about your ad choices. Visit megaphone.fm/adchoices
Learn what a forfeiture account in a 401k plan is, why it's important and what to do with one. Get Matt's help to set up or expand your company's 401k plan to start saving tax free. Visit him for a free call:
In this episode I reflect on the current state of my life, my desire to change and what it means to me when unwanted change rears it's head in our lives. There is no real change without transparency so join me the conversation to continue to spread these Good Vibes! Questions/Comments? Write the show at ChatGoodVibes@gmail.com
It's the return of our ocassional series, We Can't Have Nice Things. This week, we look at radio contest and promotions that went badly wrong, often at the draft stage. Free nude wedding anyone? 1-star review shirt! and shirt raising money for Ukraine Red Cross at yourbrainonfacts.com/merch 02:45 Radio Luxembourg's Ice Block Challenge 06:02 Bait & switch 10:12 Rules are rules 17:36 Review and news 20:40 No accounting for taste 22:15 Library of Chaos 27:27 Good, better, breast 30:08 Playing matchmaker Links to all the research resources are on the website. Hang out with your fellow Brainiacs. Reach out and touch Moxie on Facebook, Twitter, or Instagram. Become a patron of the podcast arts! Patreon or Ko-Fi. Or buy the book and a shirt. Music: Kevin MacLeod, Bobby Richards . Canadian radio station AMP Radio in Calgary, caused a lot of buzz with a promotion called “Bank it or Burn it” which asked listeners to vote whether they should #BANK C$5,000 and give it away to a listener, or #BURN the money, literally. With 54% of the votes, the option to #BURN emerged victorious, and AMP Radio burned C$5,000 and put it on YouTube. A YouTube video was posted of the station's morning show hosts throwing the bills into an incinerator. AMP Radio defended their actions noting that businesses can easily spend C$5,000 on marketing in a week, and that their promotion has garnered a lot of talk, but at what price? While this promotion received a lot of attention, the vast majority of it came from outraged Calgarians claiming that they would no longer be listening to station. However, that hasn't stopped AMP Radio from continuing the promotion. The second phase is currently underway, and this time C$10,000 is at stake. Radio stunts, and their shifty cousins, radio hoaxes, have been with us since the early days of broadcasting as a favorite marketing tool to gain listeners and advertising sponsors. Orson Welles' 1938 "War of the Worlds," caused widespread panic among listeners, who actually believed Martians were invading. The fallout can range from disappointment to embarassment to property damage, crimes against the person, and even deaths. You probably recall the incident in California in 2007 where a contest called Hold Your Wee for a Wii, where contestants had to drink a large volume of water and the last person to go to the bathroom would win a video game console, resulted in a woman's death from acute water intoxication. New Yorkers are unlikely to forget the day "shock jocks" Opie and Anthony finally went too far with a contest that encouraged people to have sex in public, with one couple opting to have their dalience in St. Patrick's Cathedral. Today's topic was voted on by our patrons, including our newest member Paul D and Pigeon and our All that and Brain Too supporters, David N and EmicationLikely, who just got a bonus mini dealing specifically with radio pranks while I struggle, and struggle it is, to confine this episode to promotions and contests. The pranks go way, way worse. Patrons get early, ad-free episodes, but you can also get a glimpse of next week's show and what it's like hanging out in the booth with me by following my tiktok; I've start live-streaming *some of the recording process. There's nothing new under the sun and that applies to radio contests as much as anything else in life. Take Radio Luxembourg's and the ice block expedition of 1958. The challenge: to transport three metric tonnes of ice from the arctic circle to the equator, without the benefit of any form of refrigeration. The prize was set at 100,000 francs per kilo of ice that made it to its destination as a solid, or about a million bucks per tonne in today's money. Radio Luxembourg felt they could put their money where their mouth is since who could transport ice that far without refrigeration? The contest drew fewer hopefuls than your average ‘say the phrase that pays' call-in, but the Norwegian company Glassvatt took them up on it. A company that produced fiberglass insulation, incidentally, and is still in business today. Ice was cut out of the Svartisen glacier in 200kg blocks, flown to the nearest town, and melted together into a single 3,050kg block of ice. It was then wrapped in the company's signature glass wool and placed in an iron container on a truck donated by the Scania company and fueled with with gas donated by Shell. This was an opportunity for publicity for everyone involved, not just the radio station. Together with a film crew and a van full of equipment, they expedition set off from the Norwegian city of Mo i Rana on February 22, 1959, stopping in Oslo to pick up over 600 lbs/300kg of medicine to schlep along to a hospital in Lambarene, Gabon, because when else was so much cold storage going to be going that way? They made stops in Sweden, Denmark, Germany, Netherlands, Belgium, France, which was the comparatively easy bit, then on to Algeria, Niger, and finally Gabon. That's when the going got tough. Not a lot of paved roads across the desert, plus Algeria was in the midst of a civil war for independence from France. Getting stuck in the sand was a frequent occurrence that cost them hours of digging-out time in the 120degF/50C heat, and their supply of water ironically rather limited. It took a month a day, but they did it! And the giant block of ice had only lost about 11% of its weight to melting, so even if Radio Luxemborg didn't pro-rate for partial tons, Glassvatt was still looking to collect about $2mil. Except. Radio Luxembourg had withdrawn the offer. When an insulation company stepped up to their ‘move ice without refrigeration' challenge, Radio Luxembourg got cold feet, npi. The cancellation wasn't the jerk move it sounds like; they actually called it off before the Glassvatt truck even set out. Glassvatt decided to continue anyway, because even without the prize, it still seemed like good publicity. That's really the name of the game, the whole reason radio stations do these things. It's the aural equivalent of butts in seats. You've got to entice the public to listen to your station over all their other options. They can be cheaply run, these contests. Folks my age probably won a bumper sticker, which costs the station very little, or some concert tickets, which often cost the station nothing since they come from the promoter. But a constant need for contests means you've got to keep them interesting while not blowing through the promotions budget. This leads some DJs to get creative and not in a good way. Oh and a word about DJ. My mom really wants me to refer to radio DJs as “on-air radio personalities” such as when I reference her background in FM radio in NY and FL in the 70's, because these days “DJ” means Skrillex types, but I can't be asked, so for today, they're all DJs. In 2005, a Bakersfield, CA station announced they were giving away a Hummer to the person who could correctly guess the number of miles that two Hummers the station had had supposedly driven around the town during the course of a week. The answer was 103.9, the same as the radio station's frequency, which one Shannon Castillo cleverly guessed. She must have been on cloud 9 to have won herself a $60k vehicle, which if I were her I would sell because it would cost $60k in gas, so you can imagine her disappointment when she went to collect her prize and was handed a remote control car. Castillo hired an attorney, and I don't blame her, who pointed out that the station had indicated that the vehicle had 22” rims, so either they were claiming it was a real vehicle or that was one jacked-up RC car. Castillo sued the station for $60k, but as if often the case, lot of news outlets carry the initial story about the lawsuit, but nobody cared to report how it came out. That's my research bug-bear. Well, one of them. A similar but 166% worse frustration was felt by that same year by Norreasha Gill, a KY woman who was the to the lucky tenth caller in a contest to win “100 grand.” This was going to be life-changing! She told her kids how they could finally buy a home of their own and have financial stability, so she probably saw red when she turned up at the station to collect her prize, only to be handed a 100 Grand candy bar. I like caramel, rice crispies, and chocolate as much as the next person, probably more than a lot of next persons, but I totally agree with Gill suing the radio station for 100,000 actual dollars. Pulling the wool over peoples' eyes is not only mean-spirited; it can also land businesses into all manner of trouble. You can't say “it was just a joke” and go about your business. A FL Hooters, not a radio station, I grant you, learned that lesson in 2001 when they held a contest among their waitstaff for most drinks sold, with the prize being a Toyota. The winner was blindfolded and led out into the parking lot to discover her Toyota was a toy Yoda, a foot-tall figure of the puppet from Star Wars. She quit and sued the owners of the franchise, settling out of court a year later. Radio stations operate under the auspices of the Federal Communication Commission, and they have some pretty firm opinions about what shenanigans you can get up to if you want to do it on the broadcast airwaves. The rules require a radio station fully and accurately disclose the material terms, aka the relevant details of the contest, which cannot be deceptive, misleading, or patently false, and then to follow through with those terms. If you're talking about a contest on the air, you have to give the material terms on the air. It's not good enough to say “we're giving away a hundred grand, see the website for more info” and on the website, admit that it's a candy bar, no siree. No claiming it was just a joke if you made it out to be a legit contest. The FCC fined a Kansaa station $4,000 for failing to announce all material terms of a contest, even though it was on the website, and for failure to comply with the terms for their Santa's Sack contest. Listeners were to call in and guess what was in Santa's Sack and you'd win what was in the sack plus a teddy bear; seems simple enough. A listener who guessed the sack held $1,000 was told she was wrong, but the next day, she heard someone else guess $1k and that person was proclaimed the winner. The first caller complained to the station and when that went nowhere, filed a complaint with the FCC. With the feds breathing down their necks –don't forget, the FCC isn't just about issuing fines, they can yank your broadcast license– the radio station claimed it was an innocent mix-up among the staff, some of whom included the value of the $10 teddy bear and some didn't, and that the rules were on their website. The radio station then sent a check for $1,000 to the complainant, meaning they were out $5k over a $10 teddy bear and for want of a memo. The FCC issued KDKA in Pennsylvania with a Notice of Apparent Liability for Forfeiture, a scary-sounding document that says “Look what you did! I should take away your license for that.” On Thanksgiving day 2007, a DJ, I assumed bored or annoyed at having to work a holiday, said that he'd give away $1,000,000 to the thirteenth caller and he'd do it once an hour. A listener called and was told he was the thirteenth caller and was then placed on hold for 43 minutes before being put through to the DJ and immediately hung up on. The station claimed that the on-air contest rules did not apply here because listeners should have realized it was a joke. The FCC disagreed, since the DJ never said anything to indicate he wasn't serious, at one point saying it was “the real deal,” and he announced the “contest” *several times during his 3-hour show. After finding that the on-air contest rules applied, the FCC smited them–smote?-- for the tag team of failure to announce the material terms *and failure to comply with said terms, i.e. pony up the dough, and fined the station $6,000. An LA station got their own Notice of Apparent Liability for Forfeiture and $6k fine after they held a contest online with a drawing for tickets to the musical Les Miserables. Their web site said the contest would run from 3:50 pm on May 29 to 8:50 pm on June 2. A listener complained to the FCC after the station awarded the prize to three people at only 3:00. Yer man must really have wanted to see Les Mis. The radio station responded that the on-air contest rules didn't apply to its contest because the contest was exclusively online. The FCC disagreed. The rules apply to "all contests conducted by the licensee and broadcast to the public" and since the radio station had announced the contest several times on-air and told listeners who entered the contest to stay tuned, it was an on-air contest. You don't necessarily need the FCC in your stable to hold a radio station's feet to the fire. Just ask the folks at Singapore's Gold 905 after their big-money game “The Celebrity Name Drop.” They made a montage of 14 celebrity voices, edited so that each celebrity said one word of “Gold 9-0-5, the station that sounds good, and makes you feel good.” I couldn't find a clip of it, but if you do, hit up the soc meds or post it in soc. To win $10,000, the caller had to correctly identify each voice in order. It took a skilled ear, as well as listening out for other people's right and wrong guesses. Muhammad Shalehan thought he had it after a month of puzzling and repeatedly trying to get through the phone lines, but when he read his list of names, the DJ said he got one wrong. A few weeks later, Gold905 declared they had their winner, one Jerome Tan, and that was a wrap. Except. Listeners jumped on the station's FB page, pointing out that Shalehan had given the right answer more than two weeks earlier. Mediacorp, the station;s parent company, said that Shalehan's attempt was invalidated because he failed to pronounce the string of celebrity names accurately, specifically that of Tony Hadley of Spandau Ballet. So Muhammad went to the mountain or in this case, the internet, whereby Shelahan was able to locate Hadley's management and ask if they could help. He then got a video from Hadley himself, confirming that, while Muhammad Shalehan has a “slight accent,” he had, in fact, “pronounced my name absolutely correctly.” Armed now with some pretty bitchin' evidence, Shalehan went back to the station again. After viewing Hadley's video, Mediacorp …. still refused to pay out. [sfx] But they offered to make a “goodwill gesture” of $5,000. By then, the online community, a barely-controlled and badly-tempered beast on the best of days, was having none of it, making for some long work-days for the PR department. Finally, Mediacorp relented and paid Muhammad Shalehan the full $10k. MIDROLL don't forget ad sting If these stories haven't made you face-palm and ask “what were they thinking,” I'd bet my mortgage one of these will. Strap in, kids. The tragic Hold Your Wee for a Wii contest wasn't the first or only radio station promotion to involve urine. In 1999, KOMP 92.3-FM of Las Vegas DJ Greg McFarlane was trying to think up a novel approach to give away some Mötley Crüe tickets. His first idea was to have contestants re-enact the Pamela Anderson-Tommy Lee sex tape live on-air, fully clothes of course; wouldn't want to be in bad taste. Idea number 2: make contestants drink their own urine. Y'all 1999. What was the value in seeing Motley Crue in 1999? That cheese had been moldy for years. Three die-hard fans actually came into the studio, then lost their nerve when confronted with the fact that McFarlane was in no way kidding. Then, in McFarlane's own words, “The fourth guy walks in, pushes everyone out of the way and throws it down like it was Pepsi.” So concert tickets for guy #4 and an empty cardboard box to McFarlane, to gather his personal effects because he's just been sacked. Hey, remind me to check my stats and see how many people jumped ship in the last 60 seconds. For those still with me, we go now to a library in Ft Worth, TX, where the staff suddenly found themselves terrorized by crowds of people ransacking the stacks. Unbeknownst to them, a KYNG DJ thought it would be a keen idea to announce that he had hidden $100 in $5 and $10 bills between pages of books in the library's fiction section. Even adjusted for inflation, that's just under $200 to try to outcompete hundreds of other people for. "People started climbing the bookshelves; they started climbing on each other, and books became airborne," library spokeswoman Marsha Anderson said, adding that 3k books had been thrown on the floor and some ended up ripped and with broken spines. Count the books on your nearest bookcase or shelf. How many of those would need to get to 3k? That's a lot of damage! Do I need to say that the library has an amount of heads-up from the radio station and that amount was none, or did you just assume because what librarian would agree to that? More than 500 people stampeded through the Fort Worth Central Library looking for the money. There was money in the library – the station claimed it was $100 and that was the only amount it was ever said to be, whereas a number of people in the money-mob thought it was as high as $10k. A KYNG spokesman said the DJ was only trying to boost public interest in the library by giving away about $100, and they had no idea where people got the $10k idea. That was after the fact of course. In the moment, it was the librarians who had to handle the situation...because they couldn't get ahold of anyone at the radio station. They told the crowd the only thing that could possibly make them stop looking – that someone already found the money and had just left. Sometimes it's not judgment that's wobbly; it's taste, subjective as that may be. BRMB in Birmingham, England ran a contest where they would pay for the winner's wedding, which as anyone less clever than my hillbilly butt getting married in my own yard both times can tell you can really run into money. There was, of course, a catch. The station reserved one creative right for the wedding that the station paid for. This wedding had to be conducted au naturale. In the buff. Nude. At a minimum, the happy couple had to be in all their glory; don't know if there was a maximum. The lucky couple, who won by listener vote, had been together for eleven years, attributing their long engagement to the cost of the wedding. Again, back yard, it's free. The station paid all the expenses and the bride and groom held up their end…as it were, though the bride had her veil and the groom used a top hat as a fig leaf. Your other why-is-this-so-expensive life event would come just after the end of your life, your funeral. It costs as much as a decent used car and you don't even get to enjoy it. Half of that would be handled if you won the contest offered by Radio Galaxy in Germany – they'd pay for your funeral, provided your funeral cost less than 3000 Euro and a modest one could. Listeners sent in their own epitaphs, that being the words on their tombstone, like how Winston Churchill's says “I am ready to meet my Maker. Whether my Maker is prepared for the great ordeal of meeting me is another matter.” But you can't have a party without a party-pooper and the radio station was hit was a lawsuit from the Association of German Undertakers. Also in Germany, station RTL 89.0 wanted to give away a Mini Cooper, but couldn't apparently be asked to put a lot of effort, or forethought, into it. They just said, pull off the most amazing stunt. Because that's safe. Whatever the other entries were paled in comparison to the stunt submitted by the eventual winner – he would have the word mini tattooed on … how to put this delicately?... onto an appendage which most gentlemen would find distressing to have labeled “mini.” The winner, Andreas Muller, went through with it, live on air with the female host looking on. Can you imagine if the station refused to give him the car though? That kind of personal touch would have been right up the alley of the folks at WDVE 102.5 in Pittsburgh. Every year, for the festive holiday season, they hold a "Breast Christmas Ever." Yep, they foot the bill for breast enhancement surgery. To the surprise of no one, the event has come under fire from both feminist groups and health care advocates, who should like us to remember a boob job is surgery and surgery carries risk. But sometimes, even the tackiest contest isn't as bad as it seems - there's always a silver lining if we look for it. A Calgary station did a similar give-away and the winner, by popular vote, was a 19 year old trans-female listener who was quotes as saying having breast implants would mean she wouldn't "have to face so much bigotry on a daily basis." Ottawa radio station Hot 89.9 looked at all that and said Hold My Molson's. They put on a “Win a baby!” contest. Specifically, they would pay for up to three rounds of in-vitro fertility treatment up to $35,000. The contest drew criticism like jellowjackets at a cook-out, but it wasn't without redemption – it brought attention to the issue of IVF funding in Ontario just before voters head to the polls to vote if the provincial government should be required to pay it like other health care. Said Beverly Hanck, executive director of the Infertility Awareness Association of Canada, “The station is clearly, clearly capitalizing on vulnerable patients that are desperate to have a family.” The fact that couples have to turn to a radio contest at all points to a “sad state of affairs” in Ontario, she added. Morning show host Jeff Mauler said the contest was intended to appeal to the station's 24 to 54 year old demographic, but that it has opened up a dialogue about an issue that is “more common than you think.” “Anyone who complains is lucky enough to have kids or doesn't want kids,” Mauler said. “Anyone in the struggle doesn't slam the contest.” Common enough that more than 400 couples applied for the contest, which they launched on Labor Day. Because of course they did. If babies aren't your thing, how about a full-grown human woman? Edmonton's the Bear FM also poked the bear with their contest to win a Russian bride. The Bear partnered with an on-line matchmaking service that connects Russian women with foreign husbands. Problem the first: eww. Problem the close second: it's not uncommon for women you can meet through such services being exploited. Employment and Immigration Minister Thomas Lukaszuk found the contest so offensive, he pulled his ministry's advertising from the station. The prize included a free two-week trip to Russia, and $500 spending money. New Zealand radio station The Rock FM sponsored their own contest in which the winner would be flown to the Ukraine to pick a bride from an agency, originally called “Win a Wife.” When people complained, they changed it to “Win A Trip To Beautiful Ukraine For 12 Nights And Meet Eastern European Hot Lady Who Maybe One Day You Marry.” Well, does what it says on the tin. This is the same station that, when they needed a contest for Valentine's Day 2012, crab-walked around love and instead offered to cover all the costs of one lucky couple's divorce. Asterisk, you had to drop the Big D bombshell on them live on the air. Who says romance is dead? No one who's watching OFMD on a binge loop for the last 9 days…not that I know anyone like that. It's just a hypothetical. An offly specific hypothetical If you're thinking to yourself, it can't get worse than that, you haven't been paying attention. Again in Canada (it's always the quiet ones), a Halifax radio station q104 put on a foreign bride contest. The contest, which would send the winner to Prague, closed on March 8, International Women's Day. The program director JC Douglad said firmly that there was no sexual connotatioin to the contest. The men are promised dates with women in the Czech Republic, but they station made no warranty, express or implied, as to how those dates will go. Okay, sure, but you've kind of undermined your position by calling it the "Male is in the Czech," didntcha? And that's…AMP Radio defended their actions noting that businesses can easily spend C$5,000 on marketing in a week, and that their promotion has garnered a lot of talk, so it was kind of the same thing. While a lot of Calgarians vowed to stop listening, then went on to do it again, this time with $10,000. this podcast remember thanks
#194: pt.2 Lease Options And How To Use Them Scenarios in which you want to use lease options vs contract for deed. Avoid hefty title transfer fees and tax. Forfeiture process/time frame to extensive vs eviction process. Able to control the property without ownership. Less down, option deposit and/or security deposit no big down payment. Example of wholesaling a Lease Option- SFH worth 550K Buy on lease option for 505K with 2K down. Find a tenant buyer for 522K with 17K down. With 2K monthly lease payment. Take 15K as a wholesale fee. Master lease option example- best to use on investment properties with value add opportunity. Where you have a lease with the owner and can sublease the units. Owner is responsible for capital repairs/expenses, taxes, and insurance. The owner no longer has to manage the property or hire a management company. Example 20 unit apartment building, 10- 2beds 10- 1beds by a university. 150K in deferred maintenance. Owner will have a large tax consequence when he sells because he depreciated it over 27.5 years. The heirs want him to hold the property till death to avoid tax consequences. Rents are below market and can be increased. Charge pet rents. Chargeback sewer/water/garbage to tenants, add storage units, ect. Offer to pay 80K as option deposit.
#193: pt.1 Lease Options And How To Use Them Scenarios in which you want to use lease options vs contract for deed. Avoid hefty title transfer fees and tax. Forfeiture process/time frame to extensive vs eviction process. Able to control the property without ownership. Less down, option deposit and/or security deposit no big down payment. Example of wholesaling a Lease Option- SFH worth 550K Buy on lease option for 505K with 2K down. Find a tenant buyer for 522K with 17K down. With 2K monthly lease payment. Take 15K as a wholesale fee. Master lease option example- best to use on investment properties with value add opportunity. Where you have a lease with the owner and can sublease the units. Owner is responsible for capital repairs/expenses, taxes, and insurance. The owner no longer has to manage the property or hire a management company. Example 20 unit apartment building, 10- 2beds 10- 1beds by a university. 150K in deferred maintenance. Owner will have a large tax consequence when he sells because he depreciated it over 27.5 years. The heirs want him to hold the property till death to avoid tax consequences. Rents are below market and can be increased. Charge pet rents. Chargeback sewer/water/garbage to tenants, add storage units, ect. Offer to pay 80K as option deposit.
In this series we talk about understanding creative financing, the strategies used, and the pro's and con's of each. Here are the different strategies and how they pertain to the following … Title Transfer Foreclosure Taxes Due on Sale Clause Maintenance and Repairs, Closing and Transfer tax Lease Options- No title transfer, so no closing or transfer tax, no foreclosure, only eviction. No Due on sale. Maintenance can be passed on to the tenant. Taxes are typically paid by the Landlord. Contract For Deed/Land Contract- No title transfer, there is typically a closing but no transfer tax until the contract is fulfilled. No foreclosure just a Forfeiture process, which differs state to state. Taxes paid by Buyer, Buyer responsible for maintenance and repairs because this is a sale. 1st position Trust Deed and Note- Only used when property is free and clear. Title does transfer, so there is a closing and transfer tax if applicable by state. Foreclosure process. Taxes paid by Buyer, Buyer responsible for maintenance and repairs. No Due on Sale because the property was free and clear. Seller Subordination- Title does transfer,so there is a closing and transfer tax if applicable by state. Foreclosure process, Taxes paid by Buyer, Buyer responsible for maintenance and repairs. No Due on Sale because the first mortgage should be paid off at closing. . All Inclusive Trust Deed/Wrap Around Mortgage- Title does transfer, so there is a closing and transfer tax if applicable by state. Foreclosure process, Taxes paid by Buyer, Buyer responsible for maintenance and repairs. There is a Due on Sale because there is an existing loan in place. Subject-To- there is no recourse for the Seller to take back the property. Title does transfer, so there is a closing and transfer tax if applicable by state. Foreclosure process, Taxes paid by Buyer, Buyer responsible for maintenance and repairs.. There is a Due on Sale because of the existing loan in place.
In this series we talk about understanding creative financing, the strategies used, and the pro's and con's of each. Here are the different strategies and how they pertain to the following … Title Transfer Foreclosure Taxes Due on Sale Clause Maintenance and Repairs, Closing and Transfer tax Lease Options- No title transfer, so no closing or transfer tax, no foreclosure, only eviction. No Due on sale. Maintenance can be passed on to the tenant. Taxes are typically paid by the Landlord. Contract For Deed/Land Contract- No title transfer, there is typically a closing but no transfer tax until the contract is fulfilled. No foreclosure just a Forfeiture process, which differs state to state. Taxes paid by Buyer, Buyer responsible for maintenance and repairs because this is a sale. 1st position Trust Deed and Note- Only used when property is free and clear. Title does transfer, so there is a closing and transfer tax if applicable by state. Foreclosure process. Taxes paid by Buyer, Buyer responsible for maintenance and repairs. No Due on Sale because the property was free and clear. Seller Subordination- Title does transfer,so there is a closing and transfer tax if applicable by state. Foreclosure process, Taxes paid by Buyer, Buyer responsible for maintenance and repairs. No Due on Sale because the first mortgage should be paid off at closing. . All Inclusive Trust Deed/Wrap Around Mortgage- Title does transfer, so there is a closing and transfer tax if applicable by state. Foreclosure process, Taxes paid by Buyer, Buyer responsible for maintenance and repairs. There is a Due on Sale because there is an existing loan in place. Subject-To- there is no recourse for the Seller to take back the property. Title does transfer, so there is a closing and transfer tax if applicable by state. Foreclosure process, Taxes paid by Buyer, Buyer responsible for maintenance and repairs.. There is a Due on Sale because of the existing loan in place.
In this series we talk about understanding creative financing, the strategies used, and the pro's and con's of each. Here are the different strategies and how they pertain to the following … Title Transfer Foreclosure Taxes Due on Sale Clause Maintenance and Repairs, Closing and Transfer tax Lease Options- No title transfer, so no closing or transfer tax, no foreclosure, only eviction. No Due on sale. Maintenance can be passed on to the tenant. Taxes are typically paid by the Landlord. Contract For Deed/Land Contract- No title transfer, there is typically a closing but no transfer tax until the contract is fulfilled. No foreclosure just a Forfeiture process, which differs state to state. Taxes paid by Buyer, Buyer responsible for maintenance and repairs because this is a sale. 1st position Trust Deed and Note- Only used when property is free and clear. Title does transfer, so there is a closing and transfer tax if applicable by state. Foreclosure process. Taxes paid by Buyer, Buyer responsible for maintenance and repairs. No Due on Sale because the property was free and clear. Seller Subordination- Title does transfer,so there is a closing and transfer tax if applicable by state. Foreclosure process, Taxes paid by Buyer, Buyer responsible for maintenance and repairs. No Due on Sale because the first mortgage should be paid off at closing. . All Inclusive Trust Deed/Wrap Around Mortgage- Title does transfer, so there is a closing and transfer tax if applicable by state. Foreclosure process, Taxes paid by Buyer, Buyer responsible for maintenance and repairs. There is a Due on Sale because there is an existing loan in place. Subject-To- there is no recourse for the Seller to take back the property. Title does transfer, so there is a closing and transfer tax if applicable by state. Foreclosure process, Taxes paid by Buyer, Buyer responsible for maintenance and repairs.. There is a Due on Sale because of the existing loan in place. We use an example of a property with 4 single family homes on one lot. It needs about 60K in repairs, the seller is asking 110K and owns it free and clear. It can rent for 2400/month with an estimated expense of 800/month, which leaves 1600 in monthly cash flow. We can offer the Seller 750/month principle only. Now with the amount needed in repairs we need to get in light, say 5K, then refinance the property as soon as possible after repairs are complete, in order to recapture our capital. So what strategy do we use? We would just use a 1st position trust deed and note because it's free and clear. Now Let's say there is a debt of 40K with 550/month payment. Then what? Well we can still offer 750/month, with wrapping their exact loan terms and offer 200 in principal only payments on a second note for the balance of their equity. This is where we would use an All inclusive trust deed and note or wrap around mortgage as our strategy. Wrap Around Mortgage: 1 Note Example: Property info- SFH with ARV of $250K. Owes 57K. Payment 635/m PITI. Rented for $675. Could rent for 1400/month. Needs 25K in repairs. Cash offer at $165K. Offered 180K PP. 9K down. New note $171K @ 2.5% 850/m principle and interest. Term 3.5 years. Balloon 149,351. Wholesale to a landlord for $201K with $30K down. Wrap Around Mortgage: 2 Notes Example: Create 1 note for exact terms of the existing note on the property. So 57K principle, same interest rate and term with same amortization schedule. Second note- 114K principle with 225/month principal only payments for 42 months. Balloon of 104,550 on seco
In this series we talk about understanding creative financing, the strategies used, and the pro's and con's of each. Here are the different strategies and how they pertain to the following … Title Transfer Foreclosure Taxes Due on Sale Clause Maintenance and Repairs, Closing and Transfer tax Lease Options- No title transfer, so no closing or transfer tax, no foreclosure, only eviction. No Due on sale. Maintenance can be passed on to the tenant. Taxes are typically paid by the Landlord. Contract For Deed/Land Contract- No title transfer, there is typically a closing but no transfer tax until the contract is fulfilled. No foreclosure just a Forfeiture process, which differs state to state. Taxes paid by Buyer, Buyer responsible for maintenance and repairs because this is a sale. 1st position Trust Deed and Note- Only used when property is free and clear. Title does transfer, so there is a closing and transfer tax if applicable by state. Foreclosure process. Taxes paid by Buyer, Buyer responsible for maintenance and repairs. No Due on Sale because the property was free and clear. Seller Subordination- Title does transfer,so there is a closing and transfer tax if applicable by state. Foreclosure process, Taxes paid by Buyer, Buyer responsible for maintenance and repairs. No Due on Sale because the first mortgage should be paid off at closing. . All Inclusive Trust Deed/Wrap Around Mortgage- Title does transfer, so there is a closing and transfer tax if applicable by state. Foreclosure process, Taxes paid by Buyer, Buyer responsible for maintenance and repairs. There is a Due on Sale because there is an existing loan in place. Subject-To- there is no recourse for the Seller to take back the property. Title does transfer, so there is a closing and transfer tax if applicable by state. Foreclosure process, Taxes paid by Buyer, Buyer responsible for maintenance and repairs.. There is a Due on Sale because of the existing loan in place. We use an example of a property with 4 single family homes on one lot. It needs about 60K in repairs, the seller is asking 110K and owns it free and clear. It can rent for 2400/month with an estimated expense of 800/month, which leaves 1600 in monthly cash flow. We can offer the Seller 750/month principle only. Now with the amount needed in repairs we need to get in light, say 5K, then refinance the property as soon as possible after repairs are complete, in order to recapture our capital. So what strategy do we use? We would just use a 1st position trust deed and note because it's free and clear. Now Let's say there is a debt of 40K with 550/month payment. Then what? Well we can still offer 750/month, with wrapping their exact loan terms and offer 200 in principal only payments on a second note for the balance of their equity. This is where we would use an All inclusive trust deed and note or wrap around mortgage as our strategy. Wrap Around Mortgage: 1 Note Example: Property info- SFH with ARV of $250K. Owes 57K. Payment 635/m PITI. Rented for $675. Could rent for 1400/month. Needs 25K in repairs. Cash offer at $165K. Offered 180K PP. 9K down. New note $171K @ 2.5% 850/m principle and interest. Term 3.5 years. Balloon 149,351. Wholesale to a landlord for $201K with $30K down. Wrap Around Mortgage: 2 Notes Example: Create 1 note for exact terms of the existing note on the property. So 57K principle, same interest rate and term with same amortization schedule. Second note- 114K principle with 225/month principal only payments for 42 months. Balloon of 104,550 on seco
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