Die Eidgenössische Finanzmarktaufsicht FINMA hat am 11. Juli 2016 die Anhörung zur Anpassung des FINMA-Rundschreibens 2011/1 „Tätigkeit als Finanzintermediär nach GwG“ eröffnet (siehe Medienmitteilung). Die Anpassungen sind notwendig, da die Verordnung über die berufsmässige Ausübung der Finanzintermediation aufgehoben und in die Geldwäschereiverordnung (GwV; SR 955.01) überführt wurde. Die GwV gilt für Finanzintermediäre, die in der Schweiz oder von der Schweiz aus tätig sind (Art. 2 Abs. 1 Bst. a GwV). Diese Änderung bedingt eine entsprechende Präzisierung im Rundschreiben. Danach ist ein Finanzintermediär in der Schweiz oder von der Schweiz aus tätig, wenn er (i) seinen Wohnsitz oder Sitz in der Schweiz hat (Rz 28.2), (ii) in der Schweiz über eine faktische Zweigniederlassung verfügt (Rz 28.3) oder (iii) in der Schweiz Personen beschäftigt, die ihm helfen,…
Anhörung zum FINMA-Rundschreiben „Tätigkeit als Finanzintermediär nach GwG“
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Final Update: Single Vehicle Crash Near Aberdeen Sends Two to Hospital
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 ***Final Update*** For Immediate Release: 07/27/2016 at 2:55 p.m. Please direct questions to the District Office The passenger Kristy Lesch has succumbed to her injuries. Next of kin has been notified. NEH/SC **end of final update** *****UPDATE*****UPDATE***** For Immediate Release: 07/27/2016 at 4:00 a.m. Please direct questions to the District Office On July 26, 2016, at approximately 11:50 p.m., Idaho State Police investigated a one vehicle crash southbound on State Highway 39, south of Aberdeen. Chad M. Lesch, 27, of Jerome, was driving southbound on State Highway 39 in a 2004 Hyundai Accent. Lesch lost control of the vehicle, and it rolled off the right shoulder of the roadway. …
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Did Donald Trump Really Encourage Russian Hacking?
Ed O'Keefe, Jose A. DelReal and John Wagner have this article in the WaPo, with a lead paragraph that is typical of what is all over the net:Democrats prepared to use their convention Wednesday night to raise fresh doubts about Donald Trump's fitness to serve as commander in chief, as the Republican presidential candidate called on Russia to hack into Hillary Clinton's email server to find "missing" messages and release them to the public.But did he really say that? His actual statement is in the next two paragraphs:"Russia, if you're listening, I hope you're able to find the 30,000 emails that are missing. I think you will probably be rewarded mightily by our press," Trump said during a news conference at his South Florida resort on Wednesday."They probably have them. I'd like to have them released. It gives me no pause, if they have them, they have them," Trump added later when asked if his comments were…
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Recommended Read: Husak on Ignorance of Law
Oxford University Press has just published Doug Husak's book, Ignorance of Law: A Philosophical Inquiry. I highly recommend it, and not just for philosophers. The book defends a much broader scope for a mistake-of-law defense than current law provides, exploring...
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News Scan
Shooting Death of Police Up 78% in 2016: Preliminary data analysis of law enforcement deaths across the U.S. reveals that the number of officers fatally shot in the line of duty is up 78% this year compared with the same period last year. Andrea Noble of the Washington Times reports that data from the National Law Enforcement Officers Memorial Fund found that as of July 20, there have been 32 firearms-related deaths recorded, constituting nearly half of the 67 line-of-duty deaths reported by police agencies, while deaths from ambush-style attacks comprised 14 of the fatal shootings. Previous data shows the number of officers fatally shot has averaged 52 a year and ambush-style killings have ranged from five in 2011 to 15 in 2014. The "extremely troubling" data comes just weeks after eight police officers, five in Dallas and three in Baton Rouge, were assassinated in separate ambush attacks.Estimated Prop. 47 Savings all Wrong: In 2014,…
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"Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts"
The title of this post is the title of this short essay authored by Mohammad Hajizadeh and now available via this link on SSRN. Here is the abstract: Notwithstanding a century of prohibition, marijuana is the most widely used illicit substance in Canada. Due to the growing public acceptance of...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/f93V-Dx1D2c" height="1" width="1" alt=""/>
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The Nightmare for Minorities of "Progressive" Law Enforcement
We don't need to guess about what liberal policies like widespread sentencing reduction and less proactive policing will do to our citizens, and minorities in particular. We already have a good deal of evidence.The most recent is yesterday's story out of a one-party, "progressive" city, Chicago: "Homicide Rate Surging for Black Chicagoans, Report Finds." Mayor Rahm Emanuel told us why in a moment of remarkable candor last fall.Then there's the murder wave overtaking another one-party, "progressive" (and largely black) city, Baltimore. I covered that story a couple of days ago, with special thanks to "space to destroy" Mayor Stephanie Rawlings-Blake and "plenty-of-talk-but-no-convictions" State's Attorney Marilyn Mosby.Then there's the national picture on murder, a picture uglier and more ominous now than it has been for decades. It is true, as former Attorney General Eric…
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UNIFORM DRIVE
In this summer of hate, and shootings, and rantings and ravings and political conventions and speeches by Chachi and Duck Dynasty and mediocre female golfers (and Bill Clinton, Michelle Obama, and President Obama) we here in Miami are trying to do a little good. Raising money to buy clothes for needy kids for the new school year. Go. Donate. Have a drink. Feel good about yourself. 2nd Annual Uniform DriveThursday, August 4, 2016 5:30 p.m. - 7:30 p.m.Fado Irish PubThe Shops at Mary Brickell Village900 S. Miami AvenueMiami, FL 33130Hosted by:DCBA Criminal Court CommitteeJude M. Faccidomo, Chair&League of ProsecutorsMarie E. Mato, PresidentSponsored by:Casanova & Rasmussen, P.A. Jurney & De La Grana, P.A. Law Offices of Sabrina PuglisiRatzan & Faccidomo, LLCSite Feed
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What Is Witness Tampering?
If you should come under investigation for having committed a serious crime, your thoughts will naturally revolve around doing anything you can to tilt the odds in your favor. If your efforts in this regard include a bit of witness tampering (NRS 199.230 – NRS 199.250), however, you won’t be doing yourself any favors. This sort of behavior will always land you in an even worse position. In addition to augmenting the prosecution’s arsenal of weapons against you. it will invariably stymie your defense team’s best efforts at building a case in your favor. The Common Problem of Witness Tampering Witness tampering shares equal honors with evidence destruction as one of the two most common forms of obstructing justice. The attempt to interfere with a person’s ability to testify or cooperate with law enforcement constitutes a crime in itself. If you try to bully or browbeat a witness into submission, you can be charged with and found guilty of witness…
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Mayor of Tavares Suspended By Florida Governor
The mayor of the City of Tavares was suspended from his office by the governor of Florida on Thursday afternoon. Mayor Robert William Wolfe was charged a day earlier with insurance fraud, a third-degree felony. He bonded out of jail Wednesday evening. According to Florida Gov. Rick Scott’s executive order, Wolfe “is prohibited from performing any official act, duty or function of public office.” The city’s vice mayor, Lori Pfister, has been moved to the position of mayor. The State Attorney’s Office claims that in February, Wolfe filed a $9,000 claim with his insurance company, saying his home was damaged and he needed to rent a home. However, an investigation by the Department of Financial Services found that he never left his property. It has been estimated that insurance fraud costs the industry more than $80 billion each year. The tricky thing about insurance fraud is that it can be difficult to prove someone guilty because of the way these…
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Shen on Neuroscientific Evidence
Francis X. Shen (University of Minnesota Law School) has posted Neuroscientific Evidence as Instant Replay (Journal of Law and the Biosciences (2016)) on SSRN. Here is the abstract: This commentary offers a reflection on the state of neuroscientific evidence, as...
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One-Vehicle Fatality Crash State Highway 78
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 7/27/2016 6:25 p.m. Please direct questions to the District Office On July 27, 2016 at approximately 6:41 a.m., Idaho State Police investigated a one-vehicle fatality crash northbound on State Highway 78 near milepost 21. A 2003 Chevrolet Trailblazer, driven by Alisha Eyerly, 31, of Nampa, was heading northbound on State Highway 78. The Chevrolet drove off the road; the driver overcorrected to come back onto the road and rolled. The driver of the Chevrolet did not have her seatbelt on, she was ejected from the vehicle, and succumbed to her injuries on scene. Next of kin has been notified. The lanes of travel were blocked for approximately two hours. This crash is…
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Denniston on Whether Citizens United Will be Overturned
Via How Appealing, I learned of this post by Lyle Denniston at the Constitution Daily blog for the Constitution Center. Denniston notes several statements in which Hillary Clinton, Bernie Sanders, and others forecast that the Supreme Court case of Citizens United v. Federal Election Commission will be overturned. In particular, Hillary Clinton stated the following on July 18, 2016:“Today I’m announcing that in my first 30 days as president I will propose a Constitutional Amendment to overturn Citizens United and give the American people, all of us, the chance to reclaim our democracy. I will also appoint Supreme Court justices who understand that this decision was a disaster for our democracy…. I hope some of the brilliant minds in this room will seek out cases to challenge Citizens United in the courts, because I know I can’t do this alone.”For a bit of background on Citizens United, Denniston writes:In that ruling, the court voted 5-to-4 in…
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Ninth Circuit: Double Negatives Don't Matter
In an opinion sure to shock the conscience of grammar enthusiasts around the nation, the Ninth Circuit ruled that a defendant's statement, "I don't want to talk no more," was a plain invocation of the defendant's right to silence.The opinion is Jones v. Harrington, and you can read the whole thing here.The defendant, Kevin Jones Jr., was arrested on suspicion of being involved in a shooting. During his interrogation, Jones made several inconsistent statements. From the opinion: As detectives continued to press Jones about his implausible story, the following exchange occurred:Jolivette: Kevin, do you think -- why don't you stop this man. Jones: All right. Jolivette: Stop this. The thing is you drove a car, it shows that on the tape and that's all I'm going to put down, as far as what you were doing. You drove the car. You just didn't know it was going to happen like that. Kevin, sit up, man. Jones:…
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Grewal on The Rule of Lenity in Tax Cases
Andy Grewal (University of Iowa - College of Law) has posted Why Lenity Has No Place in the Income Tax Laws (Missouri Law Review, Forthcoming) on SSRN. Here is the abstract: A controversy has emerged over how to interpret statutes...
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Weds Night DNC: The "Dangerous Demagogue" vs the Qualified Woman Who Never Quits
Update: It's Obama time. After that horribly weak and depressing introductory video, I hope he reverses the tone and has something inspiring to say. He does. He calls Hillary the woman who never quits, who is absolutely qualified to be... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Jack Davis draws his last comic – from EC to Mad and beyond
On a mid-1971 day at the age of eight, I found a paperback book by Mad Magazine, got hooked on the magazine, and my life never was the same again. Among the greatest Mad artists was Jack Davis, who was with EC Comics — including its great horror and science fiction titles — before the mid-1950’s Kefauver Senate committee scared comic book makers and distributors into self censorship, with EC switching its focus to MAD, in a black and white format that bypassed the definition of a comic. Jack Davis was beyond prolific, and got his artwork onto LP covers, movie posters, news magazines, and even a United States postage stamp. Jack Davis exhibited how to remain irreverent inside and outside the mainstream, and how to push the artistic envelope, all of which inspires me personally and as a criminal defense lawyer. On July 27, Jack departed his body, at 91. Deeply thanking and bowing to Jack Davis.
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Crash on SH-16 Blocking Traffic
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 07/28/16 01:25 p.m. Please direct questions to the District Office The Idaho State Police is currently investigating a crash on SH-16 at mile marker 110, near Emmett. The highway is blocked at this time. More information will be released as it becomes available. NG /SC -------------
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"Spotlighting the travesty of how the Eleventh Circuit is handling Johnson claims"
Doug Berman has this post at Sentencing Law & Policy, excerpting a recent Bloomberg commentary by Noah Feldman. From the excerpt: In one of the last cases that he authored before he died in February, Justice Antonin Scalia convinced his...
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New Ohio Marijuana Law Allows For Limited Possession
On September 8, a new Ohio marijuana law will make it legal for some Ohioans to possess and use marijuana for medical purposes. House Bill 523, which Governor Kasich signed into law in June, sets up a transitional phase in the implementation of Ohio’s medical marijuana system. While possessing marijuana will be technically legal for [...]The post New Ohio Marijuana Law Allows For Limited Possession appeared first on Columbus Criminal Attorney.
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