April Jennings- Fall 2012- Library 244- Tucker
Exercise 4- LexisNexis
April Jennings
Question 1
 Search type: Known item
 1 point
 Libraries have been creative in raising funds and presidential libraries are no exception.
Ronald Reagan’s library sold an assortment of his favorite foods to raise money. What
foods are known to be some of Reagan’s favorites? Include the article that provided your
answer.
Article 1 of 3 _ Reagan’s snacks
Database: Nexis
1. Search: ronald w/2 reagan AND favorite w/p foods
2. Select: Industry
3. Select: Food & Beverage
4. Dates: all available dates
5. Result: 11 hits
6. Displayed: article entitled “Presidential Food Quiz” by Linda Brandt
7. Reagan’s favorite snack is jelly beans or jelly bellies
Sarasota Herald Tribune (Florida)
October 31, 2012 Wednesday
Presidential food quiz
BYLINE: Linda Brandt
SECTION: E; ARCHIVES; Pg. E20
LENGTH: 1439 words
The debates are over and the election is days away. I couldn't
resist one more look at past presidents' food preferences. Below
are questions you would never find in a presidential debate. I
hope you will find this quiz fun and informative.
1. Shortly after being elected governor of California Ronald
Reagan began eating pectin jelly beans
A. because they were produced in California.
B. to help him give up a pipe smoking habit.
April Jennings- Fall 2012- Library 244- Tucker
C. they looked nice in the candy jar that was a gift from an
elementary school class.
2. Whose presidency is associated with Meatless Mondays and
Wheatless Wednesdays?
A. Woodrow Wilson
B. Herbert Hoover
C. Franklin D. Roosevelt
3. Which president is quoted as saying "Chili concocted outside of
Texas is usually a weak, apologetic imitation of the real thing"?
A. George W. Bush
B. George H.W. Bush
C. Lyndon B. Johnson.
4. Who was the first president to appear on the Food Network?
A. George H.W. Bush
B. Jimmy Carter
C. Bill Clinton
5. Before he was elected president, who endeared himself to his
mess sergeant by allowing use of previously unauthorized spices?
He was also known for making sure his men on the lower levels were
well-fed.
A. Theodore Roosevelt
B. Dwight D. Eisenhower
C. Harry Truman
6. Which president, in his farewell address said, "All great
change in America begins at the dinner table"?
A. Ronald Reagan
B. George H.W. Bush
C. Gerald Ford
7. Who was the first president to have two ice cream freezers
installed at his home?
A. George Washington
B. James Buchanan
C. Woodrow Wilson
8. BLT sandwiches, grilled cheese sandwiches made with Kraft
Singles and white bread, peanut butter and honey sandwiches and
occasionally a burger (between medium and medium rare) on a bun
April Jennings- Fall 2012- Library 244- Tucker
with lettuce and tomato on the side were on the short list of
favorite lunches for which president?
A. George W. Bush
B. Gerald R. Ford
C. Richard M. Nixon
9. On the evening of Richard Nixon's inauguration, his wife, Pat,
called the White House kitchen to order dinner, which consisted
of:
A. Mississippi Platter, which was made with fresh tuna or shrimp,
lobster, and crab served on a bed of iceberg lettuce and garnished
with sliced hard-boiled eggs and tomatoes, radish roses, and crisp
coleslaw
B. Homard a l'Americaine (lobster sauteed in oil and tomatoes)
C. Steaks and cottage cheese
10. Jacquelyn Kennedy's predecessors' state dinner parties were
multi-course affairs, ranging from the Grants' 29 to the Hoovers'
seven to the Roosevelts' five. Mrs. Kennedy broke with tradition
by reducing the number of courses to four because
A. she wanted to appease critics and offset the decadence in other
areas of the White House.
B. White House Chef René Verdon said that fashionable dinners in
France were four courses.
C. she wanted to keep guests awake for the after dinner
conversation or entertainment.
11. In June 1939, King George and Queen Elizabeth were welcomed by
President Franklin D. and Eleanor Roosevelt to their country home,
Springwood, in Hyde Park. In an effort to treat the King and Queen
to a real American picnic, what did Eleanor Roosevelt serve them?
A. Apple pie and ice cream
B. Hot dogs and soft drinks
C. Indian pudding and whipped cream
12. Thomas Jefferson used dumbwaiters at small dinners
A. to prevent the waiters from gossiping about the dinner
conversation.
B. to give the cooks a chance to instruct the waiters in the
kitchen arts.
C. because he had seen them used in France and England.
Answers:
April Jennings- Fall 2012- Library 244- Tucker
1. B. In 1967 Ronald Reagan began eating jelly beans made by
Herman Goelitz Candy Company in 1967 to help him give up pipe
smoking. He switched to Jelly Bellies, also made by Herman
Goelitz, when they appeared on the market in 1976. (Source:
reagan.utexas.edu)
2. A. Following the outbreak of World War I in 1917, President
Woodrow Wilson urged Americans to observe "Meatless Mondays" and
"Wheatless Wednesdays" to help the war effort. He requested
Herbert Hoover to leave his position as Chairman of the Commission
for Relief in Belgium and return to the United States to take
charge of the wartime Food Administration with the goal of
providing food for American and Allied troops and Allied
populations. "Food Will Win the War" became the slogan.
In 1918, food expert Houston Goudiss, and his wife, Alberta,
director of the School of Modern Cookery, published "Foods That
Will Win the War and How to Cook Them." In it, they explained "one
wheatless meal a day in every family would mean a saving of
90,000,000 bushels of wheat, which totals 5,400,000,000 lbs. Two
meatless days a week would mean a saving of 2,200,000 lbs. of meat
per annum." (Sources: mannlib.cornell.edu;
lincolnslunch.blogspot.com)
3. C. The quote is widely credited to Lyndon B. Johnson.
4. B. It was after he left office, but President Jimmy Carter
appeared on "Paula's (Deen) Home Cooking" twice, once in 2004 and
again in 2006. The first appearance was in the Carters' home in
Plains, GA. (Source: chow.com)
5. B. Dwight D. Eisenhower. He also liked to cook, especially
stews and soups, which after becoming president, he would allow to
simmer for hours in the White House kitchen, according to a review
of Marty Snyder's (Eisenhower's mess sergeant) "My Friend Ike," in
The New York Times, February 1956.
While researching this question, I learned that 24 American
presidents have served in the military. Learn who served in which
military branch at va.gov.
6. A. Ronald Reagan. The rest of the quote is: "So, tomorrow night
in the kitchen I hope the talking begins. And children, if your
parents haven't been teaching you what it means to be an American,
let 'em know and nail 'em on it. That would be a very American
thing to do."
7. A. According to recipes.slides.kaboose.com, Washington, whose
wooden dentures made it necessary for him to eat soft foods,
enjoyed ice cream so much that he had two ice cream freezers
installed at Mount Vernon. Buchanan might have needed double or
April Jennings- Fall 2012- Library 244- Tucker
triple ice cream freezers for his inaugural celebration at which
1200 quarts were served in assorted flavors, according to "The
Presidents' Cookbook," by Poppy Cannon and Patricia Brooks, and a
constantly requested favorite of Wilson was strawberry ice cream,
combining his favorite form of dessert with one of his favorite
fruits.
8. A. George W. Bush, according to Walter Scheib and Andrew
Friedman in "White House Chef" (John Wiley, 2007). The authors
also noted that "There was one more thing the President insisted
on: he wanted his food to be prompt. President Bush does not like
to be kept waiting, and is legendary for this."
9. C. Although the Mississippi Platter and Homard a l'Americaine
were enjoyed by the Nixons, the choice that first night was steaks
and cottage cheese. The kitchen staff had been made aware of the
Nixons's fondness for steaks, so a selection of prime cuts was
already on hand, according to Henry Haller in "The White House
Family Cookbook" (Random House, 1987). But the cottage cheese
request caught them by surprise, so an adventurous member of the
kitchen crew volunteered to drive a White House limo around in
search of cottage cheese and dinner was served.
10.
too
for
the
C. Mrs. Kennedy felt five courses were too much food and took
much time to serve and eat. She wanted her guests to be alert
music, Shakespeare, or whatever entertainment was planned for
East Room. (Source: "The Presidents' Cookbook")
11. B. Much to the horror of FDR's mother, Sara Roosevelt, the
King and Queen of England were served hot dogs on the front porch
of the cottage, according to a document at
docs.fdrlibrary.marist.edu. Other foods on the menu were Virginia
ham, smoked turkey, cranberry jelly, green salad, rolls,
strawberry shortcake, coffee, beer and soft drinks.
12. A and C. In Paris, Jefferson became accustomed to the French
practice of using dumbwaiters (small tiers of shelves on casters)
for small dinner parties. According to Margaret Bayard Smith,
chronicler of early Washington, D.C., life, when Jefferson "had
any persons dining with him, with whom he wished to enjoy a free
and unrestricted flow of conversation, the number of persons at
the table never exceeded four ... by each individual was placed a
dumbwaiter, containing everything necessary for the progress of
the dinner from beginning to end, so as to make the attendance of
servants entirely unnecessary." Jefferson believed, according to
Bayard Smith, "that much of the domestic and even public discord
was produced by the mutilated and misconstructed repetition of
free conversation at dinner tables, by these mute but not
inattentive listeners." (Source: monticello.org)
April Jennings- Fall 2012- Library 244- Tucker
Email brandtlinda11@gmail.com Or write Linda Brandt, HeraldTribune, P.O. Drawer 1719, Sarasota, FL 34260.
LOAD-DATE: November 1, 2012
LANGUAGE: ENGLISH
PUBLICATION-TYPE: Newspaper
Copyright 2012 Sarasota Herald-Tribune Co.
All Rights Reserved
Article 2 of 3 favorite foods
Database: Nexis
1. Search: ronald w/2 reagan favorite foods (natural language)
2. Select: news all english full text
3. Dates: all available dates
4. Sources: US publications (997)
5. Select: Subject: cooking and entertainment (87)
6. Result: 87 hits
7. Displayed: article entitled “Inside the White House Kitchen”
8. Ronald Reagan’s favorite food is macaroni and cheese
Tulsa World (Oklahoma)
March 1, 2006 Wednesday
Final Home Edition
Inside the White House kitchen
BYLINE: NATALIE MIKLES World Scene Writer
SECTION: Food; Pg. D3
LENGTH: 715 words
Cooking class explores the favorite foods of former presidents
If Ronald Reagan comes to mind while making macaroni and cheese,
then you understand the fascination with White House recipes.
Hillary Clinton's chocolate chip cookies, Calvin Coolidge's
custard pie, Ronald Reagan's macaroni and cheese, even Martha
Washington's great cake are all recipes that are circulated,
April Jennings- Fall 2012- Library 244- Tucker
partly because of their namesakes, but also because they're so
good.
Last week, Chef Bruce Pense and the Wild Fork's Josh Rohrict
brought their own political flavor to the Stock Pot for a White
House Recipes cooking class.
The two covered food from the Kennedy, Johnson, Reagan, Carter and
Clinton administrations, demonstrating the cooking process, as
well as dishing on the food styles of the presidents.
"The Johnsons had some of the weirdest food, the Clintons had the
most extravagant and the Carters were the most simple," Pense
said.
In reviewing White House menus from both official and unofficial
dinners, Pense discovered that the presidents' personal tastes
were often mirrored in the official food.
"Carter held true to everything he was. He brought his food from
Georgia to the White House," Pense said. "It's funny, with
Clinton, you see this boy out of Arkansas, and he had the finest
cuisine of all. The Clintons, without a doubt, ate better than
anyone. Their recipes are phenomenal, much more elegant even than
the Kennedys."
Pense said Clinton also wasn't the only president with a penchant
for fast food. Lyndon Johnson loved fast food egg rolls with
mustard sauce so much that he had his White House chef recreate
them exactly like the restaurant. The simple mustard sauce is one
of the recipes Pense shared in the class.
He also divulged President Reagan's favorite salad dressing,
President Clinton's favorite couscous and President Carter's
cocktail sauce.
Fascination with the White House's food is partly due to a
voyeurism of what goes on behind the scenes of the political
elite. But it also reminds us that we share the same customs and
tastes -- food as the great equalizer.
Foods like caviar and profiteroles from state dinners may not
resonate with most, but rather it's the first families' everyday
foods, like tea, toast and macaroni and cheese, that most of us
find fascinating. It's these foods that have left a mark on the
White House table, as well as dinner tables across the U.S.
President Reagan's Sweet Poppy Seed Dressing
1 cup frozen lemonade concentrate, thawed
1/4cup honey
1/4cup corn oil
1 tablespoon poppy seeds
April Jennings- Fall 2012- Library 244- Tucker
1. Whisk all ingredients. Serve right away. Does not keep well
in the refrigerator.
President Clinton's Creole Sauce with Couscous
1/2cup tomato sauce
1/2cup white vinegar
1/2cup olive oil
2 tablespoons chopped fresh basil
1 tablespoon chopped fresh thyme
11/2teaspoons minced garlic
Salt and pepper, to taste
Chopped ham, to taste
3 1/2cups chicken stock
1 to 2 bay leaves
1/4cup chopped celery
1 can whole tomatoes
2 tablespoons hot sauce
1 teaspoon chopped hot peppers
12 ounces couscous
1. Everything but the couscous goes into a kettle and is cooked
on medium for about 10 minutes. Prepare couscous to box
directions. Add couscous to Creole sauce. Mix and serve.
President Reagan's Favorite Macaroni and Cheese
1/2pound macaroni
1 teaspoon butter
1 egg, beaten
3 cups grated sharp cheese
1 teaspoon dry mustard
1 teaspoon salt
1 tablespoon hot water
1 cup milk
1. Boil macaroni in water until tender, and drain thoroughly.
Stir in butter and egg. Add cheese, reserving enough to sprinkle
on top. Put into buttered casserole. Mix mustard and salt with hot
water, and add to milk. Pour over macaroni. Sprinkle with reserved
cheese. Bake at 350 degrees about 45 minutes, or until custard is
set and top is crusty.
Natalie Mikles 581-8486
natalie.mikles@tulsaworld.com
cooking classes
THE STOCK POT
The Stock Pot has a full lineup of classes throughout the month.
Classes range from $35 to $40 per person, and take place in the
April Jennings- Fall 2012- Library 244- Tucker
Stock Pot kitchen at 7223 E. 41st St. Upcoming classes include
Thai cooking, soups, Mardi Gras dishes, making sushi at home,
Easter buffet, casseroles not from a can, Italian cooking,
springtime pastries and barbecue 101. For more information, visit
www.thestockpots.com or call 627-1146.
LOAD-DATE: March 2, 2006
LANGUAGE: ENGLISH
PUBLICATION-TYPE: Newspaper
Copyright 2006 The Tulsa World
Article 3 of 3
Database: Nexis
1. Search: ronald w/2 reagan favorite foods (natural language)
2. Select: news last 2 years
3. Select:
4. Dates: all available dates
5. Result: 2 hits
6. Displayed: article entitled “Presidential Dining”
7. Ronald Reagan’s favorite food is macaroni and cheese
1 of 1 DOCUMENT
Tulsa World (Oklahoma)
February 21, 2011 Monday
Final Edition
Presidential dining
BYLINE: NATALIE MIKLES World Scene Writer
SECTION: Scene; Pg. D3
LENGTH: 836 words
Since the beginning of U.S. history, people have been fascinated
by the food in the White House. Some of the earliest American
April Jennings- Fall 2012- Library 244- Tucker
cookbooks include recipes for Martha Washington's Great Cake, a
dense fruit and nut cake. And, according to historians at
Monticello, the first recorded American recipe for ice cream was
handwritten by Thomas Jefferson. Americans may be curious about
food served at state dinners and other formal affairs, but it's
the everyday food that's so relatable.
Recipes for Ronald Reagan's macaroni and cheese, Mamie
Eisenhower's fudge and Bill Clinton's enchiladas are tucked in
recipe files in kitchens across the country. In his book "White
House Chef," Walter Scheib divulges secrets from the White House
kitchen, where he served as head chef for 11 years, for both Bill
Clinton and George W. Bush. Scheib says he learned the particular
likes and dislikes of both presidents. When Hillary Clinton was
traveling, that often meant President Clinton would be ordering
"off the menu," meaning hamburgers and onion rings. Scheib said
President Bush preferred simple food, such as peanut butter and
honey sandwiches and grilled cheese made with Kraft singles and
white bread. Here are some recipes from "White House Chef" and
"The White House Family Cookbook" for this Presidents Day. Pat
Nixon's meatloaf recipe is one of many presidential recipes from
Henry Haller's "The White House Family Cookbook." PAT NIXON'S
MEATLOAF 2 tablespoons butter 1 cup finely chopped onions 2 garlic
cloves, minced 3 slices white bead 1 cup milk 2 pounds lean ground
beef 2 eggs, lightly beaten 1 tablespoon salt 4 twists freshly
ground black pepper 1 tablespoon chopped fresh parsley 1/2
teaspoon dried thyme 1/2 teaspoon dried marjoram 2 tablespoons
tomato puree 2 tablespoons bread crumbs 1. Grease a 9-by-13-inch
baking pan. Melt butter in a saute pan, add onions and garlic and
saute until just golden. (Do not brown.) Let cool. 2. Dice bread
and soak it in milk. 3. In a large mixing bowl, mix ground beef by
hand with sauteed vegetables and bread pieces. Add eggs, salt,
pepper, parsley, thyme and marjoram and mix by hand in a circular
motion. 4. Turn into the prepared baking pan and pat into a loaf
shape, leaving at least one inch of space around the edges to
allow fat to run off. 5. Brush the top with the tomato puree and
sprinkle with bread crumbs. Refrigerate for 1 hour to allow the
flavors to penetrate and to firm up the loaf. 6. Preheat the oven
to 375 degrees. Bake on lower shelf of preheated oven for 1 hour,
or until meat is cooked through. Pour off accumulated fat several
times while baking and after meat is fully cooked. Let stand on
wire rack for 5 minutes before slicing. Macaroni and cheese was
one of Ronald Reagan's favorite foods from the White House
kitchen. The story goes that after Reagan was shot in 1981, the
White House chef sent a dish of macaroni and cheese to him at the
hospital. RONALD REAGAN'S MACARONI AND CHEESE 1/2 pound uncooked
macaroni 1 tablespoon butter 1 egg, beaten 3 cups grated sharp
April Jennings- Fall 2012- Library 244- Tucker
cheddar cheese, divided 1 cup milk 1 teaspoon salt 1 teaspoon
dried Dijon mustard 1/2 teaspoon Worcestershire sauce Pinch of
paprika 1. Preheat oven to 350 degrees. Butter a 2-quart casserole
dish. 2. Add macaroni to 2 quarts of boiling salted water and cook
for 10 minutes. Drain well in a colander. Transfer to a mixing
bowl. Stir in butter and beaten egg. Add 2 1/2 cups of the grated
cheese. 3. In a small bowl, combine milk with salt, mustard and
Worcestershire sauce. Spoon macaroni and cheese into the prepared
casserole. Pour milk mixture over and sprinkle top with the
remaining cheese. Sprinkle with paprika. 4. Bake on middle shelf
of preheated 350 degree oven for 35 to 40 minutes, or until
macaroni is firm to the touch and the top is crusty and browned.
When this recipe came out, housewives couldn't wait to make fudge
just like the first lady's. This version comes from Taste of Home
magazine. MAMIE EISENHOWER'S FUDGE Makes about 6 pounds 1
tablespoon plus 1/2 cup butter, divided 3 milk chocolate candy
bars (two 7 ounces, one 1.55 ounces), broken into pieces 4 cups
(24 ounces) semisweet chocolate chips 1 jar (7 ounces) marshmallow
creme 1 can (12 ounces) evaporated milk 4 1/2 cups sugar 2 cups
chopped walnuts 1. Line a 9-by-13-inch pan with foil and butter
the foil with 1 tablespoon butter; set aside. In a large heatproof
bowl, combine the candy bars, chocolate chips and marshmallow
creme; set aside. 2. In a large heavy saucepan over medium-low
heat, combine the milk, sugar and remaining butter. Bring to a
boil, stirring constantly. Boil and stir for 4 1/2 minutes. Pour
over chocolate mixture; stir until chocolate is melted and mixture
is smooth and creamy. Stir in walnuts. Pour into prepared pan.
Cover and refrigerate until firm. 3. Using foil, lift fudge out of
pan; cut into 1-inch squares. Store in an airtight container in
the refrigerator. Natalie Mikles 581-8486
natalie.mikles@tulsaworld.com SUBHEAD: White House residents share
recipes
LOAD-DATE: February 22, 2011
LANGUAGE: ENGLISH
PUBLICATION-TYPE: Newspaper
Copyright 2011 The Tulsa World
April Jennings- Fall 2012- Library 244- Tucker
Question 2



Search type: Known item
1 point
Some school districts in California report difficulties hiring qualified teachers, especially
teacher-librarians. A school in Sunnyvale, California honored a new member of their faculty
by awarding her "Teacher of the Year" for 2006. What was the name of this outstanding
teacher and from which university did she graduate?
Article 1 of 2
Database: Nexis
1. Search: 2006 AND california w/5 teacher of the year
2. Select:
3. Select:
4. Dates: previous 8 years
5. Result: 1
6. Displayed: article entitled
In 2006, Kelly Jean Hanock, an English Language Arts teacher at James Monroe High
School was named teacher of the year
Targeted News Service
September 21, 2012 Friday 9:32 AM
EST
Three LAUSD Educators Named L.A. County 'Teachers of the
Year'
BYLINE: Targeted News Service
LENGTH: 625
words
DATELINE: LOS ANGELES
The Los Angeles Unified School District issued the following news:
Recognized for their dedication and contribution to student
achievement, three Los Angeles Unified School District (LAUSD)
educators were named Los Angeles County Teachers of the Year (TOY)
for 2012-2013 during a ceremony today at Universal City.
Jeffrey Austin, Social Justice Humanitas Academy; Stacey Joy,
Baldwin Hills Gifted Magnet Elementary School, and Veronica
Marquez, Harmony Elementary School were honored with the annual
April Jennings- Fall 2012- Library 244- Tucker
award that recognizes classroom excellence in the county. The
standard-bearers are now in the running for the California Teacher
of the Year Award. A total of 16 classroom teachers were announced
for the 2012-13 Los Angeles County Teachers of the Year by
education officials. The chosen teachers represent the
profession's "best of the best" in the largest honors competition
for K-12 educators in the state.
"These teachers represent the best in education, and I applaud
them all--in particular those from our district," said
Superintendent John Deasy. "Good teaching is a combination of art
and science, and we take pride in our professional educators, who
help students unlock their potential."
With 76,000 teachers countywide, the field was narrowed to 71
candidates that represent the education community's exemplary
leaders, with Austin, Joy and Marquez finishing at the top of the
list.
Contestants were required to do interviews and submit essays,
lesson plans and other materials to judging panels which were
comprised of educator peers. All 16 winners from Los Angeles
County automatically advance, along with other county winners
around the state, to the California Teachers of the Year
competition this fall. The National Teacher of the Year contest is
scheduled for next spring.
Jeffrey Austin, a Los Angeles resident, has taught for 10 years.
He teaches Advanced Placement (AP) and honors government, AP
economics and AP U.S. at the Social Justice Humanitas Academy at
Cesar E. Chavez Learning Academies. Austin's junior and senior
students quickly learn their teacher will not buy into any excuse
for not doing homework. But he does offer them support to get it
done next time. He definitely believes in second-chance
opportunities to succeed.
Stacey Joy, an Inglewood resident, has been teaching fifth-grade
at Baldwin Hills Elementary and Gifted Magnet School for 27 years.
Her fifth-graders are the "Joyteam," never settling for less than
their best and pushing for each other's success. They handle
novels above their grade-level, as well as read mandated books and
engage in discussions about literature.
Veronica Marquez, a Los Angeles resident, has been a fifth-grade
teacher at Harmony Elementary School for 13 years. Teaching is not
only imparting knowledge, Marquez is convinced, but also
instilling positive values and morals. What makes her a good
teacher, she thinks, is that she enriches her students with the
belief they can succeed no matter what.
April Jennings- Fall 2012- Library 244- Tucker
The District has a rich history of award-winning teachers. Five
LAUSD teachers have won the prestigious California Teachers of the
Year award.
* In 1976, Carole Billone, a special education teacher at Marlton
School for the Deaf
* In 1985, Evaline K. Kruse, an English teacher at Audubon Junior
High School.
* In 2006, Kelly Jean Hanock, an English Language Arts teacher at
James Monroe High School.
* In 2008, Lewis Chappelear, an Engineering Design teacher at
James Monroe High School. He also was named one of four nominees
for the National Teacher of the Year competition.
* In 2009, Jose L. Navarro IV, a Social Studies and U.S. History
teacher at Sylmar High School.
Contact: Ellen Morgan, 213/241-6766
Copyright Targeted News Services
TNS C-sm92 121021-mt93-4077952 61MarlizTagarum
LOAD-DATE: October 22, 2012
LANGUAGE: ENGLISH
PUBLICATION-TYPE: Newswire
Copyright 2012 Targeted News Service LLC
All Rights Reserved
Article 2 of 2
Database: Nexis
1. Select: Sunnyvale new outstanding teacher 2006
2.Dates: previous 10 years
3. Result: 10
4. Displayed: article entitled “Cupertino, Sunnyvale teachers, faculty honored for their
work”
1 of 2 DOCUMENTS
San Jose Mercury News (California)
April 19, 2012 Thursday
April Jennings- Fall 2012- Library 244- Tucker
Cupertino, Sunnyvale teachers, faculty honored for their
work
BYLINE: By Alia Wilson and Matt Wilson Silicon Valley Community
Newspapers
SECTION: COMMUNITIES; News; Local
LENGTH: 1646 words
Each year, the Fremont Union High School District recognizes
teachers and staff members who take that extra step to help their
students and colleagues succeed in education. Since February, the
district's board of trustees has taken time to visit each school
and single out those teachers and staff members who made an impact
in the prior academic year.
Teachers of the Year
Kristin Kakes began teaching at Cupertino High in 2003 and has
taught world and U.S. history, government, economics and AP
microeconomics. For seven years, she has taught AVID courses
designed to increase the number of students who enroll in fouryear colleges, coordinating the program since 2004.
Kakes also is a club adviser for the Filipino-American Student
Association and the Korean Club. She says she enjoys working with
her colleagues to find new ways for students to succeed in high
school, so they have many opportunities at their fingertips once
they graduate.
"Kristin is a warm, vivacious teacher who really connects with her
students. Her classes are both fun and intellectually rigorous,"
said Kami Tomberlain, Cupertino High's principal. "Kristin is a
true leader on campus, and a reflective and thoughtful
practitioner. Her enthusiasm and energy are infectious to be
around."
Kakes is a 1995 graduate of Homestead High and was a member of the
school's championship girls soccer team. She is a training captain
for the Leukemia and Lymphoma Society's Team In Training.
Kristel Chew began teaching math at Fremont High in 2009,
instructing courses in algebra and math analysis. She is also the
adviser to the school's community service group, the Octagon Club,
and advises the Fremont High class of 2014.
April Jennings- Fall 2012- Library 244- Tucker
She works with her fellow teachers to develop lessons that engage
and inspire students to learn more about math and its daily
applications.
Chew's connection to the school district can be traced back to her
mother and two uncles, who graduated from Sunnyvale High School,
and another uncle and aunt who attended Homestead High. Building
connections with students and teachers is what she likes best
about teaching, she said.
"I am impressed by Kristel's dedication to her students and
commitment to finding creative ways to teach math," Fremont High
principal Bryan Emmert said. "She frequently collaborates with her
colleagues to strengthen instruction and increase student learning
and achievement."
Greg Lambrecht was named the "rookie" employee at Fremont High
this year for his work teaching literature, writing and global
literature. Lambrecht joined Fremont in 2011 and enjoys working
with his colleagues to share ideas, strategies and stories as well
as with students that are willing to try complex and unique
activities.
He single-handedly revitalized the school's speech and debate
clubs and helped create and advise two new clubs, the Hip Hop Club
and Club Grammar.
"Greg's energy, enthusiasm and creativity are contagious, and he
has built his classroom into a real community that encourages his
students to strive and achieve at high levels," Emmert said.
"Greg's students are even excited about learning grammar and come
early to school to learn more."
Teaching takes up most of his time, but Lambrecht still tries his
hand at creative writing, keeping up with current events, hiking
and making movies.
Marc Gonzales began his career in the school district in 2000,
teaching every grade level and nearly every subject in the social
studies department. He coached the Homestead High girls' varsity
soccer team for 10 years and also coached the school's varsity
field hockey and junior varsity baseball teams.
Gonzales organizes and leads staff development activities and is a
perennial member of the school's planning team. Teachers look to
him for advice about classroom management and building
relationships with staff members and students.
"Marc is an outstanding instructional leader at Homestead High
School," Homestead High principal Graham Clark said. "He has a
passion for moving Homestead from congenial relationships to
collegial work around practices of teacher disciplines and student
April Jennings- Fall 2012- Library 244- Tucker
achievement. Marc is committed to life-long learning for students
and the staff at Homestead High School."
Nelda Clark has been dishing out English lessons at Lynbrook High
since 1995. She is also the chair of the English department and
advises the Model United Nations Club.
"Nelda Clark is a wise mentor to her students and colleagues, a
visionary guide to her English department and a dedicated advocate
for the essential human learning that is found within the study of
literature," Lynbrook High principal Gail Davidson said. "She
challenges her students to reach deeply into the literary works
and even more deeply into their own personal thoughts and
feelings. She inspires them to find their own voice and ignite
their own personal passion."
Clark enjoys working with students and helping them develop into
sophisticated readers and writers. In her spare time, Clark enjoys
traveling and reading, especially Victorian and Russian novels.
When she travels, she likes to read something light and always
heads for the travel or cooking section.
She also loves getting away and tries to explore France whenever
she can. Her dream is to some day attend Le Cordon Blue cooking
school in Paris.
Kavita Gupta began teaching honors chemistry at Monta Vista High
in 2001 and teaches chemistry at the AP level. Gupta plays a
significant role in campus professional development activities
through her work as the science department chair and as a member
of the faculty advisory committee and the professional development
team.
Passionate about science from an early age, Gupta recalls her
childhood dream was to become a teacher. As a youngster, she would
often gather the children in her neighborhood and play teacher.
Her dream came true when at age of 27 she taught science to
eighth-graders in Cerritos and then taught science and chemistry
for two years at West High School in Torrance.
"Kavita has been such a positive and contributing member of our
staff, and her classes are highly sought after by many students,"
said April Scott, Monta Vista's principal. "Staff and students
alike value and respect Kavita, and last year the yearbook staff
chose her as the person to whom they dedicated the school
yearbook."
Born and raise in India,
both her high school and
of teaching chemistry is
can "start fires without
Gupta was the honored valedictorian of
college. Gupta said that an added benefit
that there is never a dull moment and she
getting into trouble."
April Jennings- Fall 2012- Library 244- Tucker
Classified Employees of the Year
Lisa Balga is Cupertino High's college career liaison. She also
worked on campus as a life coach with the Young Mothers Program
and is the school's financial specialist.
Her wide variety of tasks make each day vastly different. Her
favorite part about working at 'Tino is being a part of what she
says is a warm and welcoming environment with students, staff,
faculty and administration.
"Lisa is an awesome team member," principal Tomberlain said. "She
takes care of our [student body] finances professionally and
carefully, and she is an advocate for the kids. Lisa knows the
rules inside and out and can almost always find a way to say
'yes.' I don't know what we would do without her."
Prior to her Cupertino High career, Balga was a small business
owner, graphic designer, waitress, hairstylist, office manager and
custodian.
Emilio Sazon of Fremont High began working as a substitute
custodian in 2002 and in 2005 was hired full time. He was promoted
in 2006 to his current position as senior custodian.
Sazon strives to influence the students to maintain a healthy
environment. He occasionally is asked to supervise students who
are assigned to help him, and he uses this as an opportunity to
model good work habits as he encourages the students to bring
their best efforts to each task.
He earned a bachelor's degree in agricultural engineering from
Araneta University in Manila and his master's in divinity from
Union Theological Seminary in Cavite, Philippines.
Wendy Armstrong of Homestead High began her career in the district
in 2002 as a para-educator, providing instruction, assistance and
encouragement to students. She volunteered for additional
professional development training to better support students with
additional challenges.
Armstrong often attends sporting and social events at Homestead
and bakes brownies and cookies for her students' birthdays.
Maya Baba is a new face at Lynbrook High. She came on as a senior
clerical assistant in 2010. She is known for her joyful enthusiasm
and positive personality. She soon became the school's main
receptionist.
"Maya is a magical combination of caring competence, calm and
capabilities," principal Davidson said. "She has added so much to
our front office with her welcoming positive spirit and her
April Jennings- Fall 2012- Library 244- Tucker
careful follow-through. There is no problem too large or too
small.
"Whether you are a student, parent or staff member, Maya is the
steady hand and the gentle voice with a rock-solid dependability,
and she's the person we can all count on."
Baba is also a member of the Lynbrook Excellence in Education
Board, where she helps raise funds for the school.
Dianne Howard was hired as a senior clerical assistant in 2010 and
as Monta Vista's main receptionist. She is the first face that
greets guests at the school.
"Diane is the face of Monta Vista, staffing the front lobby,
greeting guests and coordinating all substitutes and deliveries.
She does it all with a positive attitude and a willingness to do
whatever comes her way," principal Scott said.
In addition to her office duties, she is an adviser to the
school's business clubs, FBLA and DECA. She said her favorite part
of her job is the ability to work alongside her colleagues each
day and the opportunity to meet and encourage students.
Information was compiled from FUHSD award biographies.
LOAD-DATE: April 21, 2012
LANGUAGE: ENGLISH
GRAPHIC: (photo courtesy FUHSD) Lynbrook's Maya (or Moya?) Baba
(photo courtesy FUHSD) Monta Vista's Kavita Gupta
Photo by John Medina for SVCN Photos of Greg Lambrecht, Fremont
High School's "rookie' Teacher of The Year taken on the campus of
Fremont High School on April 11, 2012 in Sunnyvale, Calif.
Photo by John Medina for SVCN Photos of Marc Gonzales, Homestead
High School's Teacher of The Year taken on the campus of Homestead
High School on April 12, 2012 in Cupertino, California.
PUBLICATION-TYPE: Newspaper
Copyright 2012 San Jose Mercury News
All Rights Reserved
April Jennings- Fall 2012- Library 244- Tucker
Question 3
 Search type: Known item
 2 points
 A few years ago law enforcement officers at a UC campus used a taser on a student for
failure to provide an ID at a library. Your client wants to know several key facts about this
incident:
1. Database: Nexis
2. Search: law enforcement AND UCLA campus
3. Source: News, all (English, full text) (996 results)
4. Search: Search within results: (taser) --5. Results: 38
6. Article Entitled: “UCLA Taser Incident Aftershocks”
Article 1 of 3
a). What was the name of university and the library where the incident occurred? University of
b). California, los Angeles (UCLA) at the (CLICC) College Library Instructional Computing
Commons lab at Powell Library
c). What was the name of the student who was tasered? Mostafa Tabatabainejad
Library Journal
January 15, 2007
UCLA Taser Incident Aftershocks
BYLINE: By Andrew Albanese & Norman Oder
SECTION: NEWS; Pg. 17
LENGTH: 465
words
Librarians at the University of California-Los Angeles (UCLA)
and nationally have had to reconsider their late-night policies
and relationship with campus police after a UCLA student was
Tasered as many as five times after he refused to produce a
student ID after hours in the Powell Library. The November 14
incident, part of which was caught on a cell phone camera and
broadcast on YouTube, sparked student protests (see photo) and
charges of police brutality.
"The library will review its policies and procedures," UCLA
deputy university librarian Susan Parker told LJ . "But this
process must be developed over time and with reference to the
April Jennings- Fall 2012- Library 244- Tucker
results of the investigation that has been ordered by the acting
chancellor." American Library Association President Leslie
Burger urged UCLA to reexamine security practices and restore a
sense of "sanctuary" to the library.
Night rules
The library is staffed during extended hours by student
employees and "community service officers who are hired and
trained by the campus police department." UCLA students have one
official form of identification, the Bruin Card, which also
serves as a library card. Students must agree to present the
card when requested to establish their student status, Parker
explained.
According to the Los Angeles Times , police said they used the
Taser only after Mostafa Tabatabainejad refused to show his ID
and urged other patrons to resist the police. Tabatabainejad's
lawyer said the student, of Iranian descent, felt he was being
racially profiled. One witness told the Daily Bruin that police
used the Taser even after Tabatabainejad had been handcuffed and
was leaving the library.
"Here's your Patriot Act. Here's your fucking abuse of power,"
Tabatabainejad yelled during the incident. "Stop fighting us,"
police responded. "I'm not fighting you," he replied.
Taser rules
Tasers have become increasingly common tools for law enforcement
on university campuses and are carried on as many as six of the UC
campuses, with their deployment proscribed by guidelines issued by
the UC Police Department (UCPD). Those guidelines describe the
Taser as a "less lethal" device used to incapacitate subjects. The
guidelines state that "although not absolutely prohibited,"
officers should give additional consideration to unique
circumstances before applying the Taser, including the "nature of
the offense" or use on "individuals who are handcuffed or
otherwise restrained." Tabatabainejad, who was charged with
resisting a peace officer, was said to be planning a suit for
false arrest. Acting chancellor Norman Abrams insisted that the
"fact-finding process" must run its course before any
determinations are made. Some UC campuses, however, may not wait
for the outcome of that investigation to take Tasers out of
action.
LOAD-DATE: January 16, 2007
LANGUAGE: ENGLISH
April Jennings- Fall 2012- Library 244- Tucker
PUBLICATION-TYPE: Magazine
Copyright 2007 Reed Business Information, US, a division of Reed
Elsevier Inc.
All Rights Reserved
1. Database: Nexis
2. Search: News
3. Search terms: UCLA
Settlement (anywhere in the document
AND Tabatabainejad (anywhere in the document)
4. Region: United States
3. Source: News, all (English, full text)
4. Dates: all dates available
5. Results: 6
5. Article Entitled: “California Briefing/Los Angeles; UCLA settles Taser lawsuit” by Gale Holland
Article 2 of 3
a) Is it true there was a lawsuit settled over the incident? Yes
b) If so, how much money did it settle for and when? $220,000
c) The case was settled the year of 2009
Los Angeles Times
May 16, 2009 Saturday
Home Edition
CALIFORNIA BRIEFING / LOS ANGELES;
UCLA settles Taser lawsuit
BYLINE: Gale Holland
SECTION: MAIN NEWS; Metro Desk; Part A; Pg. 8
LENGTH: 184 words
UCLA said Friday that the university would pay $220,000 to settle
a civil rights lawsuit filed by a student who was repeatedly
stunned with a Taser gun by campus police after he refused to show
his identification or leave the school library.
Mostafa Tabatabainejad, then a 23-year-old senior, was in the
library in November 2006 when a security guard -- conducting a
April Jennings- Fall 2012- Library 244- Tucker
routine check to make sure those present after 11 p.m. were
authorized to be there -- asked him to provide identification.
Tabatabainejad, a U.S. citizen of Iranian descent, refused, saying
later that he thought he was being singled out because of his
Middle Eastern appearance.
When campus police arrived and asked him to leave, Tabatabainejad
refused. Another student used a cellphone to shoot video of police
shocking the student with the Taser, which was later posted
online.
UCLA's acting chancellor brought in a police accountability
expert, who found that use of the Taser had violated department
rules, and recommended changes, including a ban on Tasers in cases
of "passive resistance," that campus police later adopted.
-- Gale Holland
LOAD-DATE: May 23, 2009
LANGUAGE: ENGLISH
DOCUMENT-TYPE: Brief
PUBLICATION-TYPE: Newspaper
Copyright 2009 Los Angeles Times
All Rights Reserved
Article 3 of 3
a) The case was settled between May 13- 14, 2009 (the Wednesday before the article was
published)
No City News Service material may be republished without the
express written permission of the City News Service, Inc.
May 15, 2009 Friday 4:20 PM PST
LENGTH: 220 words
DATELINE: LOS ANGELES
A UCLA student of Iranian descent, who was zapped with a stun gun
by police in a campus library three years ago, settled his federal
civil rights lawsuit against the university, both sides confirmed
today.
April Jennings- Fall 2012- Library 244- Tucker
The November 2006 incident involving Mostafa Tabatabainejad, a
then-23- year-old senior, took place after he refused to show his
campus ID to a security guard in the Powell Library and went limp
when confronted by UCLA police, according to university officials.
On cell phone video taken by a fellow student, Tabatabainejad can
be heard wailing in pain and yelling, "Here's your Patriot Act!" a
reference to the federal anti-terrorism law enacted after the
Sept. 11, 2001, terrorist attacks.
In his lawsuit, Tabatabainejad contended campus officers used
excessive force and violated the Americans With Disabilities Act.
Both sides in the case "decided to resolve this matter in a way
that will allow this student to complete his UCLA degree and move
forward with his career," a university statement says.
Tabatabainejad and UCLA have also agreed not to comment publically
on the terms of the settlement, which was approved Wednesday in
Los Angeles by U.S. District Judge Stephen V. Wilson, a UCLA
spokesman said.
As a result of the incident, UCLA revised its Taser and use-offorce policies, according to the university.
LOAD-DATE: May 16, 2009
LANGUAGE: ENGLISH
PUBLICATION-TYPE: Newswire
Copyright 2009 City News Service, Inc.
All Rights Reserved
April Jennings- Fall 2012- Library 244- Tucker
Question 4




Search type: Subject
2 points
Find articles written in the past two years that discuss user behaviors related to the use of
Google Scholar in academic libraries.
Pick one that you find most thought-provoking and write 2 or 3 sentences explaining why.
1. Search: google scholars AND user behaviors
2. Results: 3
3. Dates: January 1, 2010 - December 31, 2012
4. Source: news all, English full text:
5. Search: article entitled: “preprint article: Google Scholar Users & User Behaviors: An
Exploratory Study
6. Article written: By Gail Herrera
Summary:
The purpose of this study is to explore user behaviors of Google scholar vs library resources. This
article also discusses the preferences of search engines among staff and students. Additional
information differentiates user behavior by discipline and status.
Resource Shelf
August 3, 2010 Tuesday 11:21 AM EST
Preprint Article: Google Scholar Users & User Behaviors:
An Exploratory Study
BYLINE: resourceshelf
LENGTH: 156 words
Aug. 3, 2010 (Free Pint Limited delivered by Newstex) -by Gail Herrera
Assistant Dean, Technical Services & Automation
Associate Professor
University of Mississippi Libraries
Anticipated Print Publication Date: March 2011
From the Abstract
April Jennings- Fall 2012- Library 244- Tucker
The University of Mississippi Library created a profile to provide
linking from Google (NASDAQ:GOOG) Scholar to library resources in
2005. Although Google Scholar does not provide usage statistics
for institutions, use of Google Scholar is clearly evident in
looking at library link resolver logs. The purpose of this project
is to examine users of Google Scholar using existing data from
interlibrary loan transactions and library website click-through
logs and analytics. Questions about user status and discipline as
well as behaviors related to use of other library resources, are
explored.
Access the Full Text (PDF; 29 pages)
Source: College and Research Libraries
Newstex ID: FRPT-5667-47559409
LOAD-DATE: August 3, 2010
LANGUAGE: ENGLISH
NOTES: The views expressed on blogs distributed by Newstex and its
re-distributors ("Blogs on Demand®") are solely the author's and
not necessarily the views of Newstex or its re-distributors. Posts
from such authors are provided "AS IS", with no warranties, and
confer no rights. The material and information provided in Blogs
on Demand® are for general information only and should not, in any
respect, be relied on as professional advice. No content on such
Blogs on Demand® is "read and approved" before it is posted.
Accordingly, neither Newstex nor its re-distributors make any
claims, promises or guarantees about the accuracy, completeness,
or adequacy of the information contained therein or linked to from
such blogs, nor take responsibility for any aspect of such blog
content. All content on Blogs on Demand® shall be construed as
author-based content and commentary. Accordingly, no warranties or
other guarantees will be offered as to the quality of the
opinions, commentary or anything else offered on such Blogs on
Demand®. Reader's comments reflect their individual opinion and
their publication within Blogs on Demand® shall not infer or
connote an endorsement by Newstex or its re-distributors of such
reader's comments or views. Newstex and its re-distributors
expressly reserve the right to delete posts and comments at its
and their sole discretion.
PUBLICATION-TYPE: Web Blog
April Jennings- Fall 2012- Library 244- Tucker
Copyright 2010 Newstex LLC
All Rights Reserved
Newstex Web Blogs
Copyright 2010 Resource Shelf
April Jennings- Fall 2012- Library 244- Tucker
Question 5



Search type: Known item
2 points
A friend who’s known for telling wild stories says there was a legal case called something
like “United States v. $3,124,977.28”! Find the case to see if this is really true.
Summary: The story is true but the amount is incorrect. I found a case for the following:
United States v. $4, 255, 625. 39 combined with United States v. &3, 686, 639. 00. I also
included a copy of a case with united states v. two million dollars.
1. Search: Nexis
2. Search: Cases
3. Search: federal & state cases combined
4. Dates: preall available datesJanuary 1, 2010 - December 31, 2012
4. Search: United States AND 3,124,977 in United States currency
5. Search within: three million
6. Results: 7
6. Search: article entitled: “United States v. Four million two hundred & and fifty five thousand, six
hundred and twenty five dollars and thirty-nine cents” this article is actually combined with United
States of America v. three million six hundred eighty-six thousand, six hundred thirty-nine dollars.
Positive
As of: Nov 23, 2012
UNITED STATES OF AMERICA v. FOUR MILLION TWO
HUNDRED AND FIFTY-FIVE THOUSAND, SIX HUNDRED AND
TWENTY-FIVE DOLLARS AND THIRTY-NINE CENTS, ETC.;
CONSOLIDATED WITH UNITED STATES OF AMERICA v.
THREE MILLION SIX HUNDRED EIGHTY-SIX THOUSAND, SIX
HUNDRED THIRTY-NINE DOLLARS, ETC.
Nos. 81-1867-Civ-JLK, CONSOLIDATED WITH 81-1868-Civ-JLK
UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF FLORIDA
April Jennings- Fall 2012- Library 244- Tucker
551 F. Supp. 314; 1982 U.S. Dist. LEXIS 15918
November 10, 1982
CASE SUMMARY:
PROCEDURAL POSTURE: The government
brought two consolidated civil forfeiture
actions against several million dollars in United
States currency that was on deposit in a Miami,
Florida bank account, arguing that the currency
had been used to launder Colombian drug
money in violation of 21 U.S.C.S. ß 881(a)(6).
OVERVIEW: The government filed two
consolidated civil forfeiture actions against
several million dollars in United States
currency that was on deposit in a Miami,
Florida bank account. The account had been
used to launder Colombian drug money. Based
upon the facts, circumstances, and inferences of
the case, the court held that the government
established probable cause to believe that the
currency violated 21 U.S.C.S. ß 881(a)(6) and,
therefore, subject to forfeiture. The claimants
failed to show by a preponderance of the
evidence that the currency was not in violation
of ß 881(a)(6). The claimants failed to show
that they were innocent owners of the currency.
Although the money laundering process was
presided over by managers whose total drug
contacts might have been no more than dealing
in the money exchange business, the intent of
the applicable statutes required forfeiture of the
currency.
OUTCOME: The court determined that the
intent of the applicable statutes required the
forfeiture to the government of several million
dollars in United States currency that had been
used to launder Colombian drug money.
LexisNexis(R) Headnotes
Civil Procedure > Remedies > Forfeitures >
Probable Cause Requirements
Criminal Law & Procedure > Trials >
Burdens of Proof > Prosecution
Criminal Law & Procedure > Sentencing >
Forfeitures > General Overview
[HN1] In a civil forfeiture proceeding pursuant
to 21 U.S.C.S. ß 881(a)(6), the government has
the initial burden of showing probable cause to
support its contention that the property was
used illegally. 21 U.S.C.S. ß 881(d); 19
U.S.C.S. ß 1615.
Civil Procedure > Remedies > Forfeitures >
General Overview
[HN2] Probable cause exists when the facts are
of such a nature as to support a reasonable
belief that a statute has been violated.
Civil Procedure > Remedies > Forfeitures >
General Overview
Criminal Law & Procedure > Sentencing >
Forfeitures > General Overview
[HN3] In a civil forfeiture action pursuant to 21
U.S.C.S. ß 881(a)(6), a direct or substantial
connection between the property subject to
forfeiture and the underlying criminal activity
which that statute seeks to prevent may not be
required if facts and circumstances would lead
a reasonable fact finder to believe that a crime
was committed and that the res subject to the
forfeiture was connected with that commission.
April Jennings- Fall 2012- Library 244- Tucker
Civil Procedure > Remedies > Forfeitures >
General Overview
[HN4] If the government succeeds in
demonstrating probable cause to the fact finder,
the burden to then go forward with additional
proof appears to shift, so that the claiming party
then has the burden to show by a
preponderance of the evidence that the property
was not used illegally. 19 U.S.C.S. ß 1615; 21
U.S.C.S. ß 885.
Civil Procedure > Remedies > Forfeitures >
General Overview
Criminal Law & Procedure > Sentencing >
Forfeitures > General Overview
[HN5] The statutory language of 21 U.S.C.S. ß
881(a)(6) states that no property shall be
forfeited under this paragraph, to the extent of
the interest of an owner, by reason of any act of
omission established by that owner to have
been committed or omitted without the
knowledge or consent of that owner.
Civil Procedure > Remedies > Forfeitures >
General Overview
[HN6] Where it is reasonable to believe that an
owner of property is aware that the property is
the proceeds of narcotics transactions or
involved in the narcotics exchange business,
that owner is not an innocent owner.
Civil Procedure > Remedies > Forfeitures >
Probable Cause Requirements
Criminal Law & Procedure > Trials >
Burdens of Proof > Prosecution
Criminal Law & Procedure > Sentencing >
Forfeitures > General Overview
[HN7] In a civil forfeiture proceeding pursuant
to 31 U.S.C.S. ß 1101 et seq., the government
has the initial burden of showing probable
cause to support its belief that the property was
used illegally. 19 U.S.C.S. ß 1615.
Civil Procedure > Remedies > Forfeitures >
Probable Cause Requirements
Criminal Law & Procedure > Sentencing >
Forfeitures > General Overview
Evidence > Procedural Considerations >
Circumstantial & Direct Evidence
[HN8] Probable cause has been shown when
the facts are of such a nature as to support a
reasonable belief of a violation of 31 U.S.C.S. ß
1101 et seq. Probable cause is defined as facts
and circumstances which would lead (by
inferences) a prudent person to believe that a
crime was committed and that the subject of the
investigation was connected with the crime. In
civil forfeiture cases, circumstantial evidence
may be used to show probable cause.
Civil Procedure > Remedies > Forfeitures >
General Overview
Criminal Law & Procedure > Trials >
Burdens of Proof > Prosecution
[HN9] Once the government shows probable
cause, the burden of proof does not necessarily
shift. The claiming party may attempt to show
by a preponderance of the evidence that the
property was not used illegally, 19 U.S.C.S. ß
1615,and the government may attempt to show
that it was.
Civil Procedure > Remedies > Forfeitures >
Probable Cause Requirements
[HN10] If there is a determination by the fact
finder that probable cause is demonstrated,
then, at least insofar as 31 U.S.C.S. ß 1101 et
seq. is concerned, the second step should more
properly place the burden of proof -- by a
preponderance of the credible evidence -- on
the government to demonstrate a set of
circumstances that mandate forfeiture.
COUNSEL: [**1] Gregory Baldwin and
Joseph A. Florio, Assistant U.S. Attorneys,
Miami, Florida, for Plaintiff.
April Jennings- Fall 2012- Library 244- Tucker
Raymond J. Takiff, Coral Gables, Florida, for
Defendant.
JUDGES: Beer, District Judge
OPINION BY: BEER
OPINION
[*316]
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
This matter came on for trial on September
20, 1982, before the court without a jury. Trial
continued each working day through September
27, 1982. Thereafter, written briefs were filed
and, on the court's motion, oral argument took
place in open court in Miami on October 29,
1982.
To the extent any of the following findings
of fact constitute conclusions of law, they are
adopted as such. To the extent any conclusions
of law constitute findings of fact, they are so
adopted.
Findings of Fact
1. These are civil forfeiture actions which
the government has filed against Four Million
Two Hundred Fifty-Five Thousand Six
Hundred and Twenty-Five Dollars and ThirtyNine Cents ($4,255,625.39), on deposit at
Capital
Bank
in
account
number
XXXXXX3010 in the name of Sonal, and
against Three Million Six Hundred Eighty-Six
Thousand Six Hundred Thirty-Nine Dollars
($3,686,639.00), in U.S. currency. The two
actions have been consolidated [**2] for all
purposes, including trial.
2. This court has jurisdiction.
3. Viajes Atlas is a travel agency with an
office in Cali, Colombia, operated by, among
others, Beno Ghitis, a citizen and resident of
Cali, Colombia.
4. In conjunction with the travel agency
business noted above, Ghitis and others also
operated a money exchange business.
5. In connection with operating the money
exchange business, the operators made use of
an entity referred to as Sonal. That entity, as
will be more particularly discussed, obtained
United States dollars and, thereafter, deposited
those dollars in their bank account number
XXXXXX3010 with Capital Bank in Miami,
Florida.
6. The Sonal account at the Capital Bank in
Miami, Florida, was opened in March, 1980.
The signatories on that account were Beno
Ghitis, Sonia Ghitis and Alter (Abraham)
Ghitis.
7. At the time of the opening of the Sonal
account, Capital Bank originally charged a
service fee of 1/8 of 1% of the total of the
dollar deposits made by Sonal each month.
This monthly service fee was paid on a
monthly basis and, as will be noted hereafter,
ranged upward to six figure amounts.
8. From March, 1980 through about April
or May, 1980, [**3] large cash deposits were
made into the Sonal account. These deposits
were, in large part, actually carried into the
bank for deposit by individuals who were, more
likely than not, from the nation of Colombia.
9. Certain of the deposits into the Sonal
account between March, 1980 and April or
May, 1980 were cash deposits in amounts
ranging up to $1,000,000. These deposits were,
in most instances, in small denominations (5's,
10's, 20's, 50's and 100's). Such deposits were
sometimes made within a day or two or three of
each other and were counted at the bank by
bank employees who usually made their count
in the presence of the individuals who delivered
it to the bank.
10. Some time in April or May, 1980, one
Victor Eisenstein introduced himself to Capital
Bank branch manager Rolando Pozo as the
April Jennings- Fall 2012- Library 244- Tucker
person who would make deposits into the Sonal
account from that time onward.
11. Eisenstein had been employed by Ghitis
(at a salary of approximately $1,500.00 per
month) to receive and, thereafter, to deposit
dollars into the Sonal account at Capital Bank.
12. Eisenstein subsequently was present at
the bank to introduce Ghitis to Capital Bank
president Abel Holtz. Ghitis and Holtz met,
[**4] thereafter, to deal with matters regarding
the Sonal account.
13. Then, in May, 1980, Capital Bank
branch manager Pozo refused to accept any
more cash deposits into the Sonal account from
Eisenstein.
14. Very quickly after Eisenstein was
advised that cash deposits would no longer be
accepted for the Sonal account, Ghitis met with
Pozo who reaffirmed that cash [*317] deposits
by Sonal would not be accepted. This led very
quickly to a meeting between Holtz, Capital's
president, and Ghitis wherein it was agreed that
Capital Bank would again accept cash deposits
into the Sonal account. However, the bank fees
for so accepting were raised to 1/2 of 1% of the
dollar deposits made into the account each
month.
15. Accordingly, cash deposits again were
made in the Sonal account by Eisenstein.
These deposits continued to be made at the rate
of two or three times per week and in amounts
ranging from $1 to $2 million per deposit until
July, 1980. These cash deposits by Eisenstein
were usually delivered to the bank's branch
office in suitcases, duffle bags or flight bags.
16. Commencing in late July or early
August, 1980, the cash deposits in the Sonal
account, which had, until [**5] then, been
made at the downtown branch of Capital Bank,
were, thereafter, made at the North Bay Village
branch of the bank.
17. From late July or early August, 1980
until August 21, 1981, Eisenstein continued to
be the principal physical depositor of cash into
the Sonal account at the North Bay Village
branch. In August of 1980, Eisenstein moved
the office from which he operated to the
building which also housed the North Bay
Village branch of the Capital Bank. He
continued to receive cash which he then,
forthwith, deposited into the Sonal account.
Eisenstein would usually bring the cash to a
particular room used by the Capital Bank for
counting purposes.
18. The cash above described was then
counted by the bank, using a money counting
machine which had been purchased by Sonal
for the bank's use.
19. In March, 1981, Eisenstein apparently
became concerned about the source and origin
of the cash he was physically receiving and
depositing into the Sonal account. These
concerns were expressed to Ghitis who,
thereupon, transmitted a letter to Eisenstein
dated March 7, 1981, from Cali, Colombia. In
that letter, Ghitis advised: "The monies
received by us in the U.S. are in [**6]
connection with exchange transactions from (as
far as we know) the exporting and importing of
agricultural products, raw materials, etc., sales
commissions and other categories, received
abroad by private individuals who are
primarily from our country." (Emphasis mine.)
20. Sonal's records apparently identify
various individuals from whom dollars were
allegedly purchased. All are Colombians, none
of whom maintains offices in the State of
Florida, none of whom are licensed,
incorporated or registered to do business in the
State of Florida and none of whom are noted in
records maintained by the U.S. Customs
Service as having imported or exported
materials into or out of the United States.
21. Yet, these transactions form the alleged
legitimate basis (according to Sonal's
representative) for the cash deposits of
$242,238,739.00 in the Sonal account (via
April Jennings- Fall 2012- Library 244- Tucker
Eisenstein) between January 1, 1981 and
August 21, 1981 -- a period of less than eight
months.
22. The agent of one of these "private
individuals" was identified as "Alberto" who
was responsible for deliveries (via Eisenstein)
of over $191,000,000 in cash between January
1 and August 20, 1981. These funds were
earmarked for [**7] the Sonal's account in the
name of Carlos Molina.
23. Carlos Molina apparently does his
various business activities from a Colombian
base. His representative, "Alberto," apparently
is not a resident of the United States.
24. In August, 1981, cash in excess of
$2,000,000 was delivered to Eisenstein by
"Alberto" (who may, as will hereafter be
discussed, also be one "Toro"). Among the
boxes of cash delivered by Alberto to
Eisenstein was one box which, when first
unsealed at the U.S. Customs Office in Miami
on the night of August 20, contained a
Colombian newspaper, "El Colombiano," dated
August 17, 1981.
25. Among the items delivered to Victor
Eisenstein on August 20, 1981 was a parcel of
cash. That parcel contained a check dated
"Julio 14, 1981" payable to the bearer [*318]
in the amount of $32,000. That parcel was
delivered by "Alberto" who was acting for
Carlos Molina. The check was drawn on an
account owned by Export Car, Inc., an importexport business located in Miami, owned and
operated by Gustavo and Diego Londano,
Colombian citizens. Diego Londano resides in
Colombia.
26. Between August 18 and August 20,
1981, the identities of various couriers who
delivered [**8] money to Eisenstein were
sought to be obtained by Eisenstein at the
request of U.S. Customs Agents.
Some
couriers were apparently identified by
Eisenstein. Each of those identified presented
Colombian identification (passports, cedulas or
Colombian driver's licenses).
27. I conclude that the couriers who
brought the above noted cash to Eisenstein
were Colombian people who had recently
arrived from Colombia with the cash.
28. A Currency Transaction Report (IRS
Form 4789) is required to be filed by all
primary and secondary financial institutions
involved in transactions which receipt or
deposit currency in excess of $10,000 in cash.
These forms are required to be mailed to the
IRS in Ogden, Utah.
29. Eisenstein, acting for Sonal as receiver
of the large amounts of cash to be deposited
into the Sonal account at Capital Bank, was
obliged to file Form 4789 for each receipt of
cash in excess of $10,000. I conclude that
Eisenstein was or should have been sufficiently
aware of this requirement as to obviate any
reasonable misunderstanding about the
requirements for same at least from March,
1981 onward.
30.
A Report of International
Transportation of Currency or Monetary
Instruments, [**9] Customs Form 4790, must
be filed by persons who transport or cause to be
transported currency or monetary instruments
from a place outside the United States to a
place inside the United States in excess of
$5,000. Customs Form 4790 must also be filed
by the person who actually transports such
currency or monetary instrument into the
United States from outside the United States.
Banking institutions are also required to file
Form 4790 when they have reason to believe
that currency in excess of $5,000 has been
transported from a place outside the United
States to a place inside the United States, and a
Form 4790 has not already been filed.
31. The Forms 4790 with which we are
here concerned are to be filled out and filed
with the U.S. Customs Service in Washington,
April Jennings- Fall 2012- Library 244- Tucker
D.C., or the U.S. Customs Service in Miami,
Florida.
32.
Instructions for the preparation,
purpose and use of Forms 4789 and 4790
appear on the reverse side of each form.
33. Neither Ghitis, Eisenstein nor any
courier or agent filed Form 4790 to cover any
of the cash received by Eisenstein in Miami.
34. In April, 1981, Capital Bank ceased
filing Forms 4789 on the cash deposits into the
Sonal account and commenced [**10] filing
Forms 4790 on those deposits. Forms 4790
were filed for those deposits through August,
1981 by the Capital Bank.
35. The Forms 4790 filed by Capital Bank
on the Sonal cash deposits were incomplete and
failed to state the foreign country from which
the cash was being exported to the U.S.
Furthermore, the Forms 4790 were not sent to
the U.S. Customs Service in Washington, D.C.,
or Miami, Florida, as required, but, instead,
were routed to the IRS in Ogden, Utah. Why
Capital Bank proceeded in this particular
manner is unclear to me.
36. Beno Ghitis, Sonia Ghitis and Alter
Ghitis had filed Forms 4790 in prior years
concerning the importation of cash from
Colombia into the U.S. (not relating to the
Sonal account) and, thus, I find it reasonable to
conclude that they were familiar with the
reporting requirements noted above.
37. On March 7, 1981, Ghitis advised
Eisenstein: "Even though some of these
transactions involved the handling of cash, they
do not give rise to mistaken associations with
illegal operations which are so fashionable
these days in Florida."
38. This effort to reassure Eisenstein
appears to be consistent with concerns on
[*319] the part of Ghitis who [**11] feared
that the Sonal account might be subject to
seizure. Ghitis obviously expressed this
concern in a discussion with Pozo and Holtz
when he proposed special arrangements with
the Capital Bank through which the Sonal
account might possibly avoid seizure by the
government. The Capital Bank, acting through
Holtz, was unresponsive to this proposal. I
conclude that the discussions here noted were
precipitated by concerns on the part of Ghitis
which transcended his fears in behalf of holders
of Sonal checks and indicated a tacit
acknowledgement of his disquieting belief that
these large cash deposits were coming to the
Sonal depositor (Eisenstein) by way of
Colombian couriers carrying narcotic-generated
cash. I further conclude that the proposal
suggested by Ghitis was either known to him to
be -- or that he reasonably should have known
it to be -- improper and, possibly, fraudulent.
39. Ghitis, on behalf of Sonal, did attempt
to have Capital Bank officials arrange a
meeting between Sonal (Ghitis) and
government agents, but he did not directly
contact or attempt to contact government
agents. I am unable to conclude that this
attempt indicates good faith on the part of
Ghitis. To [**12] the contrary, I believe that
Ghitis had a continuing and serious concern
about seizure based upon a gnawing belief that
the funds being dealt with were tainted.
40.
In August, 1981, Ghitis advised
Eisenstein and Agent Fernandez that he would
come to the United States to discuss the Sonal
account if he received assurances that he would
not be arrested. A short time prior to these
developments, Holtz and Ghitis had discussed
the large amounts of cash being regularly
deposited into the Sonal account.
Holtz
expressed concern over Capital Bank's
"exposure" under such circumstances. Ghitis
denied any drug connections but voiced his
suspicion that the U.S. currency he was dealing
with could have some involvement in drug
transactions.
41. Subsequently, Capital Bank increased
its "fee" on the Sonal account from 1/2 of 1%
to a flat fee of $300,000.00 per month, payable
April Jennings- Fall 2012- Library 244- Tucker
at the rate of $150,000.00 on the first and
fifteenth days of each month. The imposition
of this flat fee was made retroactive to May 1,
1981, and remained in effect through August
21, 1981. Annualized, this would generate a
"fee" from Sonal to Capital in the amount of
$3,600,000 per year.
47. As a result of this, U.S. Customs
Agents listened in on a telephone conversation
[*320] between Eisenstein and Ghitis, had
access to Eisenstein's office located in the same
building as the Capital Bank North Bay Village
branch and participated in the receipt of certain
cash deliveries to Eisenstein at that office.
42. The volume, frequency [**13] and
complexion of the cash transactions involving
Sonal-Capital reasonably gave rise-in my viewto the association of the cash being deposited
into the Sonal account with drug transactions.
48. During August 19 and 20, 1981,
$7,012,799 in cash, consisting, to a significant
degree, of small and medium denomination
bills, was delivered to Eisenstein's office for
deposit into the Sonal account.
43. Eisenstein and Ghitis were reasonably
aware, or should have been aware, at pertinent
times that the origin and source of the large
cash deposits into the Sonal account were from
proceeds of narcotics transactions.
49. Eisenstein's office located on the fourth
floor of the same building housing the Capital
Bank North Bay Village branch, and known as
"American Overseas Enterprises," had no
guards, security devices or special locking
mechanisms except a standard door lock, and
no safes or vaults for the storage of cash.
44. Ghitis was acquainted with two of the
29 Colombians from whom he allegedly
purchased dollars. He apparently knew of
Carlos
Molina
and
relied
(however
improvidently) upon his questionable belief
that Molina's general reputation required no
affirmative acts on the part of Ghitis to look
into the origin or source of the cash sold to him
by Molina.
45. Subsequent to Eisenstein's receipt of
Ghitis' March 7, 1981 letter, Eisenstein drafted
and mailed a letter of resignation but handled
same in a strange and unexplainable way: He
mailed the original letter of resignation to
himself, and turned this letter over to U.S.
Customs Agent Robert Fernandez in the
original sealed envelope on or about August 17,
1981. Eisenstein explained to Agent Fernandez
that he had mailed the original [**14] letter of
resignation to himself in an effort to "protect"
himself.
46. In August, 1981, Eisenstein, apparently
in a state of considerable nervous agitation,
agreed to cooperate with the U.S. Customs
Service in its investigation of the origin and
source of the cash deposits being made by him
into the Sonal account.
50. The cash delivered to Eisenstein [**15]
on August 19 and 20, 1981, was delivered in
brown cardboard boxes, brown paper parcels
and various types of travel bags, flight bags and
duffle bags.
51.
The couriers who delivered the
currency to Eisenstein were unwilling to accept
receipts for the delivery of the currency.
52. Of the $7,012,799 in cash delivered on
August 19 and 20, 1981, $4,781,799 cash was
delivered to Eisenstein by "Alberto Rodriguez"
and "Hector Gomez" on behalf of Carlos
Molina.
53.
On August 19, 1981, Eisenstein
deposited into the Sonal account at Capital
Bank $1,313,000 of the cash delivered by
"Alberto Rodriguez," and $844,000 cash
delivered by "Brigitte Edelman."
54. A large amount of the cash delivered to
Eisenstein's office on August 19, 1981, was left
overnight in Eisenstein's office in the boxes and
parcels described above.
April Jennings- Fall 2012- Library 244- Tucker
55. I conclude that the cash delivered to
and thereafter deposited by Eisenstein on
August 19 and 20 was, more likely than not,
derived from transactions which, in substantial
if not exclusive part, actually took place,
insofar as the physical transaction was
concerned, in Colombia.
56. The $4,781,799 cash delivered to
Eisenstein on August 19 and 20, 1981, was
brought [**16] to the vicinity of Eisenstein's
office by, and removed from the trunk of, a
maroon 1981 Chevrolet Caprice, Florida
license UXB 390.
57.
On August 19, 1981, "Alberto
Rodriguez" purchased a one way ticket on
Avianca Airlines flight 65 bound from Miami
to Colombia on September 2, 1981, and paid
$274.00 cash for it.
58. "Alberto Rodriguez" used the name
"Carlos Toro" in purchasing the Avianca ticket
on August 19, 1981.
59. The Florida driver's license for Carlos
Toro bears the photograph of Alberto
Rodriguez.
60. The residence address of Carlos Toro
reflected on the Florida driver's license is a
false residence address. In delivering the cash
to Eisenstein on August 19 and 20,
"Rodriguez" (Toro) showed Eisenstein
Colombian identification.
61.
On August 20, 1981, "Alberto
Rodriguez" and "Hector Gomez" went to the
Avianca Airlines ticket office.
62. On August 20, 1981, the driver of the
1981 Chevrolet Caprice bearing Florida license
UXB 390 lost effective control over the vehicle
in Miami Beach when it was towed to the local
"pound" because of improper parking. This
event was essentially the result of the reporting
of the improper parking to the appropriate local
police department [**17] by the government
agents who had these individuals under
continuing surveillance.
63.
Subsequent to these events, two
Avianca Airlines tickets were found in the
glove compartment of that vehicle; these tickets
reflect that they were purchased on August 18,
1981, for a one way flight from Miami, Florida,
to Medellin, Colombia. On August 20, 1981, a
reservation for Avianca flight 67, leaving
August 29, was made; the tickets bear the
names "Hector Gomez" and "Gilberto Rua."
64. Sonal's own records indicate that
"Alberto" delivered (to Eisenstein) over
$191,000,000 cash "purchased" from Carlos
[*321] Molina. Carlos Molina is, apparently
among other things, a Colombian money
exchanger residing and doing business in
Colombia.
65.
On August 19, 1981, Eisenstein
introduced Customs Agent Fernandez to
Alberto Rodriguez at Eisenstein's office, and
Fernandez, acting in an undercover capacity,
assisted Eisenstein in unloading boxes
containing cash from the 1981 Chevrolet
Caprice.
66. Subsequent to the making of several
telephone calls by Alberto Rodriguez on
August 20, Ghitis then was the initiating caller
in a telephone conversation with Eisenstein
(during the evening of August 20) [**18]
which was monitored by Customs Agent
Fernandez.
67. During that telephone conversation,
Ghitis told Eisenstein that "Alberto" knew that
Eisenstein "was with Customs."
68. During that telephone conversation,
Ghitis instructed Eisenstein to make no further
deposits of cash in the Sonal account.
69. The Avianca ticket purchased by
Alberto Rodriguez for the September 2 flight
65 from Miami to Colombia was apparently not
used by Rodriguez on September 2, 1981, and
neither Rodriguez's name nor the name Carlos
Toro appeared on the flight manifest or
passenger list for that flight.
April Jennings- Fall 2012- Library 244- Tucker
70. The 1981 Chevrolet Caprice which was
towed to be impounded by the local police on
August 20, 1981, contained a compartment
behind the rear seat which was opened by a
switch beneath the driver's seat.
71. During the evening of August 20, 1981,
Eisenstein did not interfere with government
agents who removed from his office, among
other things, one brown paper package, one
brown paper bag and four brown cardboard
boxes which contained cash in the amount of
$3,686,639.
72. Also among the items removed from
Eisenstein's office and taken to the Customs
office were various containers apparently used
on [**19] prior dates for the delivery of cash
to Eisenstein, including duffel bags, a suitcase,
a Samonsite hand travel bag, a Samonsite flight
bag and several brown cardboard boxes.
73. On August 21, 1981, at Miami, Florida,
pursuant to a seizure warrant issued by U.S.
Magistrate Shapiro, agents of the U.S. Customs
Service seized $4,255,625.39 contained in
Capital Bank account number XXXXXX3010
in the name of Sonal.
74. At the conclusion of the government's
case in chief, I saw fit to confirm the
magistrate's finding of probable cause which
formed the basis for the seizure of the
$4,255,625.39 contained in the Capital Bank
account number 0700003010 in the name of
Sonal, as well as the Custom Agents' seizure of
the cash above described.
75. None of the individuals nor business
entities who sold currency to the Sonal office in
Colombia testified in these proceedings.
76. None of the individuals who delivered
currency to Eisenstein for deposit into the
Sonal account testified in these proceedings.
77.
Gustavo Londono, a Colombian
citizen, did testify. He identified the blank
check for $32,000 dated "Julio 14, 1981,"
found in a parcel delivered to Eisenstein by
"Alberto." The check, [**20] then completely
blank, had apparently been stolen from his car
in Miami, Florida, around April, 1981, along
with his briefcase. The check had been forged.
Londono had neither reported the theft of the
check(s) nor briefcase to the police.
78. The $3,686,639.00 in U.S. currency
and the cash which formed the basis for the
$4,255,625.39 contained in Capital Bank
account number XXXXXX3010 in the name of
Sonal was, I conclude, in large measure,
located in Colombia and, thereafter, imported
and delivered to Eisenstein at Miami, Florida.
79. The cash was the subject matter of
purchases by Ghitis in behalf of Sonal. These
purchases caused various Colombians who
were physically holding the cash to ship (or
cause to be shipped) the cash itself into the
United States and specifically to Eisenstein, in
Miami, Florida, for him to [*322] make the
deposit of same into the Sonal account.
Customs Form 4790 was not filed by the
shipper, courier or receiver of the currencies. It
is unreasonable to conclude that these cash
shipments were transported into the United
States in individual shipments of less than
$5,000.00.
80. The $3,686,639 in U.S. currency and
the $4,255,625.39 contained [**21] in Capital
Bank account number XXXXXX3010 in the
name of Sonal were funds which I conclude
were, more likely than not, traceable to
exchanges for controlled substances. Thus, I
conclude that Ghitis, acting in behalf of Sonal,
failed to take such reasonable precautions as
should have been taken to determine that the
currency -- purchased in the course of his
negotiations in Colombia -- was untainted by
narcotics transactions. Specifically, I conclude
that every principal actor in this drama -Ghitis, Holtz, Eisenstein and Molina, knew or
reasonably should have known that the cash
that is the subject matter of the seizures we here
deal with was drug tainted. I further conclude
that the cash itself was -- if not exclusively then
April Jennings- Fall 2012- Library 244- Tucker
at least in large measure -- actually transported
at the instance of Molina and others from
foreign locations -- principally the country of
Colombia -- to Miami and, thereupon, to
Eisenstein as Sonal's designated receiver. I
further conclude that the Sonal operation
necessarily charged fees that would see to the
underwriting of the exhorbitant fees Sonal was
charged by Capital Bank and that both these
fees actually covered the "going rate" for
laundering [**22] of these funds by ostensibly
legitimate institutions who -- for large fees -sought to legitimize the funds by passing them
through their operation. I conclude that Ghitis,
as operator of Sonal, did not engage in personal
involvement in drug transactions. Nor am I
able to conclude that, for example, Molina
personally involved himself in drug
transactions. Even so, I am convinced that the
cash came from drug sales and, in large
measure at least, found its way to Colombiabased drug operators who, thereupon, sought to
launder the cash by "passing it through" a
reasonably reputable money exchange house -here, Sonal via Molina.
I conclude that the great bulk of the cash
that we are here concerned with followed this
basic route:
1. A street transaction for drugs. 2. Into
the hands of a drug dealer in the U.S. 3. Into
the hands of a drug producer in Colombia. 4.
"Sold" at a discount by the Colombian drug
producer to, for example, Molina who, in return
for getting the cash at least part of the way back
into
the
quasi-legitimate
mainstream,
"discounts" at a rate based upon what the traffic
will bear. 5. "Sold" at a more stable discount
rate by Molina to Sonal with the obligation
[**23] to make the physical delivery to Sonal's
Miami "office" (Eisenstein). 6. Deposited by
Sonal in its account but earmarked as funds of
Molina so that Sonal checks could be drawn at
Molina's instructions to them.
Thus, Molina -- the real crossover contact -could, with impunity, direct Sonal checks to
receivers. Those checks could arrive anywhere
in the world in any amount and be fully
accepted due to Sonal's so-called good name.
That's what it all looks like to me.
81.
The government called several
witnesses and adduced various testimony to
show or attempt to show that an actual
narcotics smell accompanied the cash,
prevailed in the Chevrolet described earlier,
and permeated the bags and containers used to
haul the cash around. This was interesting and
innovative but unconvincing, and I am not able
to conclude that the money was actually
physically tainted.
82. The taint that I do find is, then, a
circumstantial conclusion based upon my
factual findings in accordance with the
preponderance of all the evidence. I note this
so that any reviewing court may lose no time in
finding the basis for my decision.
Conclusions of Law
1. [HN1] In a civil forfeiture proceeding
pursuant [**24] to 21 U.S.C. ß 881(a) (6), the
government has the initial burden of showing
"probable cause" to support its contention that
the property was used illegally. [*323] 21
U.S.C. ß 881(d); 19 U.S.C. ß 1615; United
States v. One 1975 Ford F-100 Pickup Truck,
558 F.2d 755 (5th Cir. 1977).
2. [HN2] Probable cause exists when the
facts are of such a nature as to support a
reasonable belief that a statute has been
violated. United States v. One 1949 Pontiac
Sedan, 194 F.2d 756, 759 (7th Cir. 1952);
Ted's Motors v. United States, 217 F.2d 777
(8th Cir. 1954).
3. [HN3] In a civil forfeiture action
pursuant to 21 U.S.C. ß 881(a) (6), a direct or
substantial connection between the property
subject to forfeiture and the underlying
criminal activity which that statute seeks to
prevent may not be required if facts and
April Jennings- Fall 2012- Library 244- Tucker
circumstances would lead a reasonable fact
finder to believe that a crime was committed
and that the res subject to the forfeiture was
connected with that commission. United States
v. $364,960 in United States Currency, 661
F.2d 319 (5th Cir. 1981).
4. [HN4] If the government succeeds in
demonstrating probable cause to the fact finder,
the burden to then go forward with [**25]
additional proof appears to shift, so that the
claiming party then has the burden to show by a
preponderance of the evidence that the property
was not used illegally. 19 U.S.C. ß 1615; 21
U.S.C. ß 885; United States v. One 1969
Plymouth Fury, 476 F.2d 960 (5th Cir. 1973);
United States v. $83,320 in United States
Currency, 682 F.2d 573 (6th Cir. 1982); United
States v. One 1975 Ford F-100 Pickup Truck,
supra; United States v. $10,000 in United
States Currency, 521 F. Supp. 1253 (N.D. Ill.
1981).
5. [HN5] The statutory language of 21
U.S.C. ß 881(a) (6) states that "no property
shall be forfeited under this paragraph, to the
extent of the interest of an owner, by reason of
any act of omission established by that owner
to have been committed or omitted without the
knowledge or consent of that owner." Thus, the
claimant Ghitis (in behalf of Sonal) could bring
about the dissolution of the seizure even if the
government succeeds in establishing probable
cause in the view of the fact finder by showing
that Sonal had no knowledge and had given no
consent to improper acts or omissions. Ea
Shipping Co. v. Bazemore, 617 F.2d 136 (5th
Cir. 1980).
6. [HN6] Where it is reasonable [**26] to
believe that an owner of property is aware that
the property is the proceeds of narcotics
transactions or involved in the narcotics
exchange business, that owner is not an
innocent owner. See United States v. One
Tintoretto Painting, 527 F. Supp. 1071, 1073
(S.D.N.Y. 1981); Calero-Toledo v. Pearson
Yacht Leasing Co., 416 U.S. 663, 690, 40 L.
Ed. 2d 452, 94 S. Ct. 2080 (1974).
7. Based upon the facts and circumstances
of this case, and upon the inferences reasonably
drawn therefrom, the government has shown
probable cause to believe that the currencies
violated 21 U.S.C. ß 881(a) (6) and should be
forfeited to the United States.
8. The government having established
probable cause, the burden of proof shifted to
the claimant. The claimant has failed to show
by a preponderance of the evidence that either
of the currencies are not in violation of 21
U.S.C. ß 881(a) (6). Sonal and Ghitis have
failed to establish that they are innocent owners
of either of the currencies.
9. [HN7] In a civil forfeiture proceeding
pursuant to 31 U.S.C. ß 1101 et seq, the
government has the initial burden of showing
probable cause to support its belief that the
property was used illegally. [**27] 19 U.S.C.
ß 1615; United States v. $11,580 in United
States Currency, 454 F. Supp. 376 (M.D. Fla.
1978).
10. [HN8] Probable cause has been shown
when the facts are of such a nature as to
support a reasonable belief of a violation of the
statute. See United States v. One 1949 Pontiac
Sedan, 194 F.2d 756, 759 (7th Cir. 1952);
Ted's Motors v. United States, 217 F.2d 777
(8th Cir. 1954). Probable cause is defined as
facts and circumstances which would lead (by
inferences) a prudent person to believe that a
crime was committed and that the subject of the
investigation was connected with the crime.
[*324] United States v. One Twin Engine
Beech Airplane, 533 F.2d 1106, 1107-08 (9th
Cir. 1976). In civil forfeiture cases,
circumstantial evidence may be used to show
probable cause. United States v. $364,960 in
United States Currency, 661 F.2d 319 (5th Cir.
1981).
11. [HN9] Once the government shows
probable cause, the burden of proof does not
April Jennings- Fall 2012- Library 244- Tucker
necessarily shift. The claiming party may
attempt to show by a preponderance of the
evidence that the property was not used
illegally, 19 U.S.C. ß 1615; United States v.
$11,580 in United States Currency, 454 F.
Supp. 376 (M.D. [**28] Fla. 1978), and the
government may attempt to show that it was.
[HN10] If there is a determination by the
fact finder (me) that probable cause was
demonstrated, then, at least insofar as 31 U.S.C.
ß 1101 et seq. is concerned, the "second step"
should more properly place the burden of proof
-- by a preponderance of the credible evidence - on the government to demonstrate a set of
circumstances that mandate forfeiture. With
that more onerous test assumed to be the
government's burden, I, nevertheless, find that
forfeiture is, here, the proper result.
currency center for drug activities. At times
pertinent, various laundering operations were
the order of the day among those embarked
upon far reaching drug activities. Indeed, an
essential element of big time or big money drug
operations is a reasonably dependable system
of getting street drug dollars into useable bank
accounts. What better way than via money
exchange operations with some aura of
legitimacy? Indeed, with only a little softening
of traditional concepts of business morality and
the violation of a few somewhat obscure
federal statutes, a couple of not too cautious
money exchange houses and a "fee" hungry
bank could be (and in this case became) an
ideal laundry system. No one needed to get
really involved. It would only be necessary
that no one be too inquisitive. Elaborate hopes
could become [**30]
almost immediate
realities if "fees" could be charged
commensurate with the need to have huge
amounts of small denomination "dirty" cash
laundered into neat, clean checking accounts
able to be dispatched -- with impunity -- across
the world.
Going one step further and applying that
same formula to the proceedings which took
place as a result of the applicability of 21
U.S.C. ß 881(a) (6), I, nevertheless, reach the
same result.
But the parties (I conclude) overloaded the
scheme, and it shorted out in the process. They
went too far too fast and leaks sprung up which
led eventually to the seizure with which we are
here concerned.
Conclusions this categorically stated
certainly should be supported by reasoned
explanation -- or at least an attempt at same.
I believe, for example, that Molina knew
that most -- if not all -- of his $190,000,000
was street money -- obtained in large measure
on the streets of America but destined for final
arrival in Colombia -- an undisputed source of
U.S. bound narcotics. As various individual
shipments of cash arrived in Colombia (to pay
for the drugs imported from Colombia) and as
these cash payments accumulated in the drug
providers' hands, it became necessary for these
funds to achieve legitimate status in order to be
useful in general commerce. U.S. cash in huge
amounts and of small denomination is not, after
all, very negotiable for many sorts of
commercial activity -- particularly in
12. In this connection, I have considered
my factual findings from the standpoint of a
tentative determination on my part that the
measure that should be brought to my
deliberations on this aspect of the case is as
follows:
I feel such far reaching conclusions are
supported by the record when it is considered
in the light [**29] of the basic common sense
and common experience that district judges are
wont to seek from district court jurors.
Dade County and environs do not exist in a
vacuum. It would be both unrealistic and a
derogation of the common experience
consideration that I am obligated to bring to my
deliberations here if I did not take into account
that Miami and environs have become a
April Jennings- Fall 2012- Library 244- Tucker
Colombia.
[*325] With the laundering
operation in place in Miami, [**31] it was
necessary to route the cash to Eisenstein and,
thereby, to Sonal. Molina's couriers were used
to do this. How they actually got the cash into
Eisenstein's hands remains, to some extent, a
mystery.
In this regard, I cannot
conscientiously conclude that every single bill
came from Colombia. But I'm sufficiently
convinced that the great bulk of the funds did
come to Miami via Colombia in spite of Sonal's
protestations to the effect that U.S. cash in
large amounts and small denominations is a
desirable commodity in Colombia.
It's possible that some of Molina's couriers
(or others, for that matter) picked up some
portion of these small bills in places other than
Colombia -- perhaps even in the United States - but the great weight of the evidence indicates
otherwise. Molina's so-called money exchange
house accounts for more than 3/4ths of the total
amount of cash that Sonal dealt with during the
pertinent time period. It would have made a
greater impression on a fact finder to have
heard from Molina or his representative -under oath -- than to hear (however interesting)
an abstract discussion of money exchanges in
Colombia since the coffee shortage that took
place there [**32] approximately ten years
ago.
CONCLUSION
Molina to Sonal to Capital Bank was, more
likely than not, a money laundering process
presided over by managers whose total drug
contacts may very well have been no more than
dealing with the business hereinabove
described. Even so, I believe that the intent of
the applicable statutes requires the forfeiture
here sought.
The issues have been competently
addressed by exceptionally able trial counsel on
both sides. Indeed, they are entitled to have
formal recognition taken of their professional
excellence. I do that unhesitatingly.
Counsel for plaintiff is directed to prepare a
judgment consistent with these findings.
Article 2 of 2
1. Search: Nexis
2. Search: Cases
3. Search: federal & state cases combined
4. Dates: all available
4. Search: United States AND three million one hundred twenty four thousand and nine hundred
seventy seven in United States currency
5. Search within: three million
6. Results: 7
6. Search: article entitled: “TWO MILLION SEVEN HUNDRED SIXTY-SEVEN THOUSAND
TWO HUNDRED AND TWO DOLLARS AND TWENTY-SEVEN CENTS ($ 2,767,202.27) IN
U.S. CURRENCY,
1 of 1 DOCUMENT
UNITED STATES OF AMERICA, Plaintiff, v. TWO
MILLION SEVEN HUNDRED SIXTY-SEVEN THOUSAND TWO
April Jennings- Fall 2012- Library 244- Tucker
HUNDRED AND TWO DOLLARS AND TWENTY-SEVEN CENTS ($
2,767,202.27) IN U.S. CURRENCY, Respondent.
Case No. 03-1289
UNITED STATES DISTRICT COURT FOR THE CENTRAL
DISTRICT OF ILLINOIS, PEORIA DIVISION
2006 U.S. Dist. LEXIS 47833
July 13, 2006, Decided
July 13, 2006, Filed
SUBSEQUENT HISTORY: Summary judgment granted by United States v.
Two Million Seven Hundred Sixty-Seven Thousand Two Hundred & Two
Dollars & Twenty-Seven Cents in United States Currency, 2006 U.S.
Dist. LEXIS 81742 (C.D. Ill., Nov. 7, 2006)
PRIOR HISTORY: United States v. $2,767,202.27 in U.S. Currency,
2005 U.S. Dist. LEXIS 36068 (C.D. Ill., Dec. 20, 2005)
COUNSEL: [*1] For USA, Plaintiff: Elizabeth L Collins, Patricia
A McInerney, US ATTY, Springfield, IL.
For Howard Jachter, Trustee of Triunity SA, Triunity S A,
Defendants: Edward L Clabaugh, THE LAW OFFICES OF EDWARD L
CLABAUGH, Vashon Island, WA; Matthew B Smith, Peter R Jennetten, R
Michael Henderson, QUINN JOHNSTON HENDERSON & PRETORIUS, Peoria,
IL.
For Palisades UBO Trust, Claimant: D Kendall Perkins, Sandy, UT.
Arthur F Mueller, Trustee of the Pauline K. Rucker, Claimant, Pro
se, Little Rock, AR; W Dane Clay, ROSE LAW FIRM, Little Rock, AR.
Mary Smith, doing business as Smith & Thomas Funeral Home,
Claimant, Pro Se, Chicago, IL.
Burlington Assembly of God, also known as Foundation of Life
Church, Claimant, Pro se, Burlington, NJ.
For Robert Meherg, Robert Allman, Success Concepts Inc, a Nevada
corporation, Metropolitan Seventh Day, Adventist Church, John
Glenn Roberts, Meherg Partnership, a/k/a Robert & Jane Meherg
Family Partnership, Claimants: W Dane Clay, ROSE LAW FIRM, Little
Rock, AR.
April Jennings- Fall 2012- Library 244- Tucker
Debra Aragon, Claimant, Pro se, Los Gatos, CA.
David Roby, Claimant, Pro se, Watertown, SD.
Herbert Mark Blair, Jr, Claimant, Pro se, Hudson, FL.
For Esat [*2] Bajrami, Claimant: Thomas D Murray, LAW OFFICE OF
THOMAS D MURRAY PC, Dixon, IL.
For Frank L Davis, Claimant: Robert J Shelist, ROBERT J. SHELIST,
Chicago, IL.
Jane Maherg, Claimant, Pro se, Winter Park, FL; W Dane Clay, ROSE
LAW FIRM, Little Rock, AR.
William H Blackwell, Jr, Claimant, Pro se, Las Vegas, NV; W Dane
Clay, ROSE LAW FIRM, Little Rock, AR.
Leslie E Strong, as trustee of Sigma Trust and Highlander Global
Trust, Claimant, Pro se, Creve Coeur, IL.
Maxine Collins, Claimant, Pro se, Aurora, IL.
For James Thomas Kemp, Claimant: Susan Linn Perkins, VONACHEN
LAWLESS TRAGER & SLEVIN, Peoria, IL.
For Herbert H. Stam, Claimant: Robert H Rhode, SUTKOWSKI & RHOADS
LTD, Peoria, IL.
For Michael J Keenan, Claimant: Alison E McLaughlin, David L
Wentworth, II, James R Grebe, HASSELBERG WILLIAMS GREBE &
SNODGRASS, Peoria, IL.
Arthur Zweig, Claimant, Pro se, Oak Park, CA.
Lee Wasserwald, Claimant, Pro se, Santa Monica, CA.
Pyramod International Inc, Claimant, Pro se, Grass Valley, CA.
For Howard Jachter, Triunity S A, Counter Claimants: Edward L
Clabaugh, THE LAW OFFICES OF EDWARD L CLABAUGH, Vashon Island, WA;
Matthew B Smith, [*3] Peter R Jennetten, R Michael Henderson,
QUINN JOHNSTON HENDERSON & PRETORIUS, Peoria, IL.
For USA, Counter Defendant: Patricia A McInerney, US ATTY,
Springfield, IL.
April Jennings- Fall 2012- Library 244- Tucker
For Howard Jachter, Trustee of Triunity SA, Triunity S A, Cross
Claimants: Edward L Clabaugh, THE LAW OFFICES OF EDWARD L
CLABAUGH, Vashon Island, WA; Peter R Jennetten, QUINN JOHNSTON
HENDERSON & PRETORIUS, Peoria, IL.
Leslie E Strong, as trustee of Sigma Trust and Highlander Global
Trust, Cross Defendant, Pro se, Creve Coeur, IL.
Arthur F Mueller, Trustee of the Pauline K. Rucker Trust, TIN 716180446, Cross Claimants, Pro se, Little Rock, AR; W Dane Clay,
ROSE LAW FIRM.
William H Blackwell, Jr, Cross Claimants, Pro se, Little Rock, AR;
W Dane Clay, ROSE LAW FIRM.
For Robert Allman, Meherg Partnership, a/k/a Robert & Jane Meherg
Family Partnership, Success Concepts Inc, a Nevada corporation,
Metropolitan Seventh Day, Adventist Church, John Glenn Roberts,
Cross Claimants: W Dane Clay, ROSE LAW FIRM.
Success Concepts Inc, a Nevada corporation, Cross Defendant: W
Dane Clay, ROSE LAW FIRM.
JUDGES: Michael M. Mihm, United States District Judge.
OPINION BY: Michael M. Mihm
OPINION
ORDER
Before the [*4] Court is Howard Jachter's, Trustee for Triunity
S.A. and Triunity, ("Jachter") Motion to Dismiss the Claims of
Herbert Mark Blair, Jr., Michael Keenan, Pyramod International,
Inc., Herbert H. Stam, Lee Wasserwald, and Arthur Zweig, and the
Government's Motion to Strike the Claim of Lee Wasserwald. The
Court has issued two previous orders with respect to Jachter's
Motion. (See docket entries # 216 and # 235.) The only remaining
pending claim in the motion is Jachter's Motion to Dismiss the
claim of Lee Wasserwald. For the reasons that follow, the
Government's Motion to Strike Wasserwald's claim [# 229] is
GRANTED and Jachter's Motion to Dismiss the claim of Lee
Wasserwald [# 198] is MOOT.
The background for this order was previously described in the
Court's Orders dated June 22, 2006 and July 11, 2006. Suffice it
to say that Lee Wasserwald has filed a claim and answer in this
April Jennings- Fall 2012- Library 244- Tucker
case in an attempt to recover an investment that was made with
Leslie Strong and associates. The Government now moves to strike
Wasserwald's claim because they claim that Wasserwald does not
have standing to bring the claim. The Government argues that
Wasserwald, acting as the Trustor, created the Lee [*5] Wood
Financial Trust (the "Trust") and the Trust, not Wasserwald, was
the entity that made the investment with Leslie Strong. The
Government cites the Trust Agreement, which created the Trust, as
support for its argument. The Trust Agreement states:
The Trustor hereby declares that this Trust is and shall be irrevocable and that, after
the execution of this Trust, Trustor shall have no rights, title, or interest in, or
power, privilege, or incident of ownership in regard to any of the property in this
Trust and no right to alter, amend, revoke, or terminate this Trust or any of its
provisions.
(Docket Entry # 229, Exhibit A, at 3.) Wasserwald argues, in
response to the Government's motion, that he has standing to bring
this claim because it was his money that was used for the
investment. Wasserwald concedes that any money that is recovered
as a result of his claim would go to the Trust and not to him as
the Trustor.
After reviewing the Trust Agreement, the Court finds that
Wasserwald lacks standing to bring a claim on behalf of the Trust.
The creation of a Trust provides a Trustor with certain legal and
tax consequences; however, in return, the Trustor gives up certain
[*6] rights. Those rights are outlined in the Trust Agreement.
Here, Wasserwald created the Trust and presumably reaped the
benefits of doing so. In the process, he gave up certain rights
and one of those rights was the right to bring a claim on behalf
of the Trust. Once the irrevocable Trust was created, Wasserwald
no longer had any "rights, title, or interest in, or power,
privilege, or incident of ownership in regard to any of the
property in this Trust." Accordingly, as the investment, which is
the subject of this claim was made by the Trust, Wasserwald no
longer has any right to file a claim for the return of any money.
Accordingly, Wasserwald lacks standing to bring this claim and the
Government's Motion to Strike the claim is granted. Moreover,
because Wasserwald lacks standing to bring this claim, the Court
finds no need to address whether the claim was timely and
Jachter's Motion to Dismiss the claim is therefore moot.
CONCLUSION
For the reasons set forth above, the Government's Motion to Strike
Wasserwald's claim is GRANTED and therefore Jachter's Motion to
Dismiss Wasserwald's claim is MOOT.
ENTERED this 13th day of July, 2006.
April Jennings- Fall 2012- Library 244- Tucker
s/ Michael M. Mihm
United States District [*7]
Judge
April Jennings- Fall 2012- Library 244- Tucker
Question 6


a)
b)
Search type: Known item (two items)
2 points
Find out who introduced the Children Internet Protection Act (CIPA) bill and when.
Locate case law involving CIPA in which the American Library Association is a party
(plaintiff or defendant).
Article 1 of 2
1. Database: NEXIS
2. Who introduced the bill: Congress introduced the CIPA Children's Internet Protection Act in
2000.
3. Search: CIPA AND American Library Association
4. Dates: previous 8 years
5.Result: 1
6. Displayed: article entitled: “ When Web Applications Collide with Children’s Internet Protection
Act (CIPA)”
PR Newswire
February 28, 2011 Monday 9:30 AM EST
When Web Applications Collide With Children's Internet
Protection Act (CIPA)
LENGTH: 644 words
DATELINE: SEATTLE, Feb. 28, 2011
SEATTLE, Feb. 28, 2011 /PRNewswire/ -- WatchGuard Technologies
Highlights / News Facts:
CIPA - an overview: According to the FCC, the Children's Internet
Protection Act (CIPA) is a federal law enacted in 2000 by Congress
to address concerns about access to offensive content over the
Internet on school and library computers. CIPA imposes certain
types of requirements on any school or library that receives
funding for Internet access or internal connections from the Erate program - a program that makes certain communications
technology more affordable for eligible schools and libraries.
CIPA and Firewalls: The most common CIPA solution for schools and
libraries rested in a firewall appliance that could perform a
variety of security tasks.
This included web blocking, content filtering, as well as advanced
monitoring and reporting tools for quick remediation and
April Jennings- Fall 2012- Library 244- Tucker
forensics. Until now, this was very effective.Compliance at Risk:
Traditional firewalls are unable to distinguish a web site from a
web application, which means web blocking and content filtering
alone will not stop harmful web applications. With the explosion
of new web applications and rich social media capabilities that
can by-pass web filters, new vectors of obscene material,
offensive content and potentially dangerous payloads hiding
malware, spyware, etc., are putting school and library networks at
risk, and furthermore, jeopardizing CIPA compliance. Application
Control: To combat these new threat vectors, WatchGuard recommends
that schools and libraries upgrade their firewalls to CIPA
compliant solutions that include Application Control. Application
Control, unlike web filters, provides granular control over the
latest web applications. Benefits of Application Control
include:Ability to control thousands of applications, including
sub-applications such as IM, peer-to-peer file sharing, etc. This
allows schools and libraries to allow students to use popular
social media applications without risking CIPA compliance;Realtime monitoring gives administrators immediate ability to exercise
authority and/or immediately restrict access;Block anonymizers and
web-proxy by-pass applications so that students are unable to
sneak around firewall and security policies.
Keywords:
CIPA, Children's Internet Protection Act, School Security, Library
Policies, Application Control
Quotes:
"Schools and libraries simply cannot rely on outdated technology
to keep ahead of the latest web application or hot social media
outlet," said Tim Helming, Director of Product Management at
WatchGuard. "Only with Application Control can schools and
libraries truly manage and control these next generation threat
vectors. Any school or library that needs to maintain CIPA
compliance needs to include Application Control as part of their
defense-in-depth strategy."
About WatchGuard Technologies, Inc.
Since 1996, WatchGuard® Technologies, Inc. has been the advanced
technology leader of business security solutions, providing
mission-critical protection to hundreds of thousands of businesses
worldwide. The WatchGuard family of wired and wireless unified
threat management appliances, messaging, content security and SSL
VPN remote access solutions provide extensible network,
application and data protection, as well as unparalleled network
visibility, management and control. WatchGuard products are backed
by WatchGuard LiveSecurity® Service, an innovative support,
April Jennings- Fall 2012- Library 244- Tucker
maintenance, and education program. WatchGuard is headquartered in
Seattle and has offices serving North America, Europe, Asia
Pacific, and Latin America. To learn more, visit
http://www.watchguard.com/.
Contacts:
Jimme Peters 24/7 Consulting 503-289-5354 jimme@247consulting.com
SOURCE WatchGuard Technologies, Inc.
CONTACT:Jimme Peters of 24/7 Consulting, +1-503-289-5354,
jimme@24-7consulting.com, for WatchGuard Technologies, Inc.
URL: http://www.prnewswire.com
LOAD-DATE: March 1, 2011
LANGUAGE: ENGLISH
PUBLICATION-TYPE: Newswire
Copyright 2011 PR Newswire Association LLC
All Rights Reserved
Article 2 of 2
This case is 37 pages long. I included only the first page of the document
1. Database: NEXIS
2. Who introduced the bill: Congress introduced the CIPA Children's Internet Protection Act in
2000.
3. Search: caps (CIPA)
4. Sources: federal & state cases, combined
5. Dates: all dates available
6.Result: 336
7.Displayed: article entitled: “ UNITED STATES, et al., Appellants v.
AMERICAN LIBRARY ASSOCIATION, INC., et al.
No. 02-361 SUPREME COURT OF THE UNITED STATES
UNITED STATES, et al., Appellants v. AMERICAN
LIBRARY ASSOCIATION, INC., et al.
No. 02-361
April Jennings- Fall 2012- Library 244- Tucker
SUPREME COURT OF THE UNITED STATES
539 U.S. 194; 123 S. Ct. 2297; 156 L. Ed. 2d 221;
2003 U.S. LEXIS 4799; 71 U.S.L.W. 4465; 2003 Cal.
Daily Op. Service 5397; 16 Fla. L. Weekly Fed. S
415; 29 Comm. Reg. (P & F) 438
March 5, 2003, Argued
June 23, 2003, Decided
PRIOR HISTORY: ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA.
Am. Library Ass'n v. United States, 201 F. Supp. 2d 401, 2002
U.S. Dist. LEXIS 9537 (E.D. Pa., 2002)
DISPOSITION: Reversed.
CASE SUMMARY:
PROCEDURAL POSTURE: Appellee library associations and others
challenged the constitutionality of the filtering provisions in
the Children's Internet Protection Act (CIPA), 114 Stat. 2763A335. The United States District Court for the Eastern District of
Pennsylvania held that those provisions were facially invalid on
the ground that they induced public libraries to violate patrons'
First Amendment rights. Appellant United States and its agencies
appealed.
OVERVIEW: A library's decision to use filtering software was a
collection decision, not a restraint on private speech. A
library's need to exercise judgment in making collection decisions
depended on its traditional role in identifying suitable and
worthwhile material; it was no less entitled to play that role
when it collected material from the Internet than when it
collected material from any other source. Because public
libraries' use of Internet filtering software did not violate
their patrons' First Amendment rights, the CIPA did not induce
libraries to violate the U.S. Constitution, and was a valid
exercise of Congress' spending power. Further, the CIPA did not
impose an unconstitutional condition on public libraries. The
funding programs were intended to help public libraries fulfill
their traditional role of obtaining material of requisite and
appropriate quality for educational and informational purposes.
Congress could insist that these public funds be spent for the
April Jennings- Fall 2012- Library 244- Tucker
purposes for which they were authorized. A refusal to fund
protected activity, without more, could not be equated with the
imposition of a penalty on that activity.
OUTCOME: The judgment of the district court was reversed.
CORE TERMS: internet, public libraries, patron's, adult, software,
filtering, collection, site, plurality, blocking, censorship,
filter, terminal, librarian, pornography, public forum, harmful,
block, message, user, unblocking, strict scrutiny, speech-related,
restrictive, technology, disable, blocked, child pornography,
obscenity, unblock
LexisNexis(R) Headnotes
Computer & Internet Law > Censorship > Children's Internet
Protection Act
Education Law > Libraries > Funding
Education Law > Libraries > Restricted Materials
Governments > Local Governments > Libraries
[HN1] Under the Children's Internet Protection Act, 114 Stat.
2763A-335, a public library may not receive federal assistance to
provide Internet access unless it installs software to block
images that constitute obscenity or child pornography, and to
prevent minors from obtaining access to material that is harmful
to them.
Communications Law > Internet Services
Education Law > Libraries > Funding
Governments > Local Governments > Libraries
[HN2] To help public libraries provide their patrons with Internet
access, Congress offers two forms of federal assistance. First,
the E-rate program established by the Telecommunications Act of
1996, Pub. L. 104-104, 110 Stat. 56, codified at 47 U.S.C.S. § 151
et seq., entitles qualifying libraries to buy Internet access at a
discount. 110 Stat. 71, 47 U.S.C.S. § 254(h)(1)(B). Second,
pursuant to the Library Services and Technology Act, 110 Stat.
3009-295, as amended, 20 U.S.C.S. § 9101 et seq., the Institute of
Museum and Library Services makes grants to state library
administrative agencies to electronically link libraries with
educational, social, or information services, assist libraries in
accessing information through electronic networks, and pay costs
for libraries to acquire or share computer systems and
telecommunications technologies. 20 U.S.C.S. § 9141(a)(1)(B) , (C)
, (E).
Communications Law > Internet Services
April Jennings- Fall 2012- Library 244- Tucker
Computer & Internet Law > Censorship > Children's Internet
Protection Act
Education Law > Libraries > Funding
Education Law > Libraries > Restricted Materials
Governments > Local Governments > Libraries
[HN3] The Children's Internet Protection Act (CIPA), 114 Stat.
2763A-335, provides that a library may not receive E-rate or
Library Services and Technology Act, 110 Stat. 3009-295, as
amended, 20 U.S.C.S. § 9101 et seq., assistance unless it has a
policy of Internet safety for minors that includes the operation
of a technology protection measure that protects against access by
all persons to "visual depictions" that constitute "obscenity" or
"child pornography," and that protects against access by minors to
"visual depictions" that are "harmful to minors." 20 U.S.C.S. §
9134(f)(1)(A)(i) and (B)(i); 47 U.S.C.S. § 254(h)(6)(B)(i) and
(C)(i).
Communications Law > Internet Services
Computer & Internet Law > Censorship > Children's Internet
Protection Act
Education Law > Libraries > Funding
Education Law > Libraries > Restricted Materials
Governments > Local Governments > Libraries
April Jennings- Fall 2012- Library 244- Tucker
Extra Credit
 Search type: Known item
 1 point
 In an assassination attempt on President Ronald Reagan as he exited the Washington
Hilton Hotel, he and several others were shot by John Hinckley, Jr. According to a report by
a major newswire service, with whom had Hinckley’s brother plan to have dinner the
following evening?
1. Search terms: john w/2 hinckley AND brother
2. Select: Sources: News All (English, full text)
3. Select: Scott Hinckley (John Hinckley’s brother) had plans to have dinner with Neil
Bush.
4.
5.
6.
7.
Dates: (>=1981-01-18 and <=1982-12-18)
Publication: Newsweek
Results: 5
Article Entitled: “For Conspiracy Buffs Only”
Newsweek
April 13, 1981, UNITED STATES EDITION
For Conspiracy Buffs Only
SECTION: SPECIAL REPORT; The Shooting of the President; Pg. 59
LENGTH: 490 words
In all the recent history of assassinations and assassination
attempts in America, none seemed more clearly the work of one man
with one gun and no rational motive than last week's audioand
video-taped attack on Ronald Reagan. But this shooting, like the
others before it, churned up the usual wake of anomalies,
discrepancies and coincidences that attend chaotic events in the
real world--and so provided the usual grist for yet another
generation of conspiracy theorists to chew over for years to come.
The black comic and conspiratorialist Dick Gregory scooped the
pack this time, assuring a Los Angeles talk-show host that,the CIA
and the FBI did it--and experienced students of the literature of
assassinations could almost see a hundred similar theories
blooming out of what seemed so fallow a patch of ground.
Among the possibilities:
The Hinckley-Didn't-Do-lt-or-at-Least-Not-Alone Theory. The very
videotapes that make such a seemingly open-and-shut case against
April Jennings- Fall 2012- Library 244- Tucker
John W. Hinckley Jr. never actually show his face until after his
capture. As it happened, he was standing back in a cluster of
newsmen, behind the cameras, until he started shooting. But a
dedicated conspiracy buff might argue that he was (1) an innocent
fall guy or (2) only one gun among two or more. Argument (2)
offers the more tempting fodder for the conspiratorialist: one or
two anomalous flashes of light on the tape, a suspended moment in
which members of Reagan's security force look the wrong way for
the source of the shots and the scrambled first reports from an
embarrassed Secret Service misstating the make and caliber of the
pistol involved--a perfect invitation to a two-gun scenario.
The Maybe-Hinckley-Did-It-but-the-Government-Helped Theory. The
first question a conspiratorialist might ask is how an ex-Nazi
once arrested on a gun charge in Nashville, Tenn., on a day when
Jimmy Carter was in town could escape being punch-carded into the
Secret Service's computerized list of potential assassins. There
were real security lapses at the scene as well--the ease with
which Hinckley slipped into the press pack, for example, and the
clay-pigeon distance Reagan had to walk to his car when it could
have been parked closer to the hotel exit. The evidence in each
instance points to carelessness, but there are no mistakes in
conspiracy theories--only calculated acts.
The Cherchez-Le-Veep Theory With Mystery Woman and Trilateral
Corollary. For the farthest-out plot-spinners, it will not pass
notice that (1) George Bush addressed the Trilateral Commission
the Sunday night before the shooting, that (2) Hinckley's brother,
Scott, had a dinner date with Bush's son Neil that Monday and that
(3) there were several phone calls from an unidentified woman to
Hinckley's hotel room that day (the FBI said she was trying to
call someone else). Any significance in these occurrences can be
left to the imagination, and probably will be.
LANGUAGE: ENGLISH
Copyright 1981 Newweek