The Dutch man who was the main suspect in the disappearance of Natalee Holloway is being sought in the murder of a woman in Peru, Thaindian News reported Wednesday.
Joran van der Sloot, 22, is suspected of murdering Stephany Tatiana Flores Ramirez, in Peru. Ramirez's body was found with multiple stab wounds on May 26.
According to Ramirez's friends, the 21-year-old was reportedly last seen leaving a Lima, Peru, casino with van der Sloot at 5:16 a.m. local time.
Authorities reportedly found Ramirez's body in van der Sloot's Lima hotel room.
I can confirm that [van der Sloot] is a suspect in the death of a Peruvian woman,' Ann Angela, a spokeswoman for Aruba's Prosecutor's Office said, according to the paper. Also that he was placed on the list of the Interpol.'
Angela said that Interpol issued an international arrest warrant in connection with the murder of Ramirez, the paper reported.
Van der Sloot is believed to be in Chile, according to police.
Well, I...certainly hope it was an accident.
A man accidentally shot himself in the testicles at Lowe's Home Improvement store in Lynnwood Sunday afternoon, police said. Lynwood Police. How may we help you?
Some guy did...what?
The man's handgun, which was in the waistband of his pants, went off at about 12:30 p.m. -- an apparent "accidental discharge," according to Shannon Sessions, a Lynnwood police spokeswoman. "It made a loud noise and scared a lot of people in the store," Sessions said. "I believe he shot himself in the testicles and he also had some injuries to his leg and foot. He was obviously in shock." BANG!
What the hell was that?
AAAAAAAHHHHH! AAAAAAHHHHHH! I shot myself in the testicles!
Oh, my. It appears that someone has shot themself in the testicles...
Nobody else was hurt and no one appeared to be with the man, she said. Ummmmm...yeah. I'm outta here, man. Lemme know how you make out.
Police and fire responded, and the man was rushed to Harborview Medical Center in Seattle before police had a chance to interview him extensively. Excuse me, sir. Like to ask you some questions?
AAAAAHHH! AAAAAAHHHH!
Maybe later...
Sessions had no further details about the man. We don't think he'll be too hard to find though.
Lynnwood police are continuing to investigate but "at this point it does look like it's accidental," Sessions said. That just a hunch, Muldoon?
A manager at Lowe's said store personnel are not commenting on the incident. I mean...whadda ya want us to say?
When this guy's friends stop laughing they might want to introduce him to the idea of a holster ...
While I know nothing about guns, it seems to me that walking around with one half-cocked and a round in the chamber is a bad idea.
Half cocked? Interesting choice of words... That's just nuts. The long and the short of it ...
#2
Yep, this posting was a LOT more justified than the one I tried posting about Bama's 'thunderous interruption' during his little family-trip deviation from his duties at Arlington.
Oh wait...sorry 'god'...(snark)
Stupid human stories filed under LCT are always ok, particularly when loaded with righteous snark.
I dinged the Bambi thunderstorm story. Simple reason: who cares? So a thunderstorm cancelled the planned ceremony. It wasn't a big deal. I had no problem with Bambi honoring our war dead at the Abe Lincoln national cemetery rather than Arlington, so it was even less of a big deal.
#11
Occasionally a story comes along that just cries out for inclusion despite the fact that it's not
WOT related.
Suggesting that the president was judged by a 'higher power' during his speech at Lincoln, for skipping his duties at Arlington, certainly merits inclusion. Certainly more so than what is so obviously a gang-banger demonstrating Darwinism (imho). And before the comments come slinging, this was NOT a white guy that left his holster at home. If it were, the local press and the AP would be using it on their anti-gun bent.
But that's fine. I'm ranting. It's not the first time and it likely won't be the last (for reasons obvious to me).
#15
Ouch! I know a lot of folks who have had an accidental discharge (No pun intended). Many of these people have had extensive firearms training. Some are police officers. A local sheriff had a "baby" Glock in his pants pocket. He got it tangled up in his car keys and the firearm discharged. Safety, training, good equipment and a knowledge of the weapon you are carrying are the watchwords.
#17
Gives a completely new meaning to the phrase "ball ammunition."
Posted by: Mike ||
06/02/2010 9:54 Comments ||
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#18
Many of these people have had extensive firearms training. Some are police officers. A local sheriff had a "baby" Glock in his pants pocket. He got it tangled up in his car keys and the firearm discharged. Safety, training, good equipment and a knowledge of the weapon you are carrying are the watchwords.
Shoving an unholstered gun in your pocket violates all three of safety, training, and good equipment. Equipment -- a holster that covers the trigger is a minimum requirement. Safety -- not using such a holster AND putting your keys in the same pocket. Training -- doing it anyway.
Posted by: Rob Crawford ||
06/02/2010 9:59 Comments ||
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#23
Technically the Darwin Awards are for those who remove themselves from the gene pool through their own stupidity and thereby raise the average IQ of h. sapiens. While death is the customary mechanism, I would say this qualifies.
#26
Not unlike "accidently unleashing" a round from an AK as did his brother the Gazan.
Posted by: Steven ||
06/02/2010 18:05 Comments ||
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#27
Happiness Is a warm gun.
Bang bang shoot shoot
Posted by: Frank G ||
06/02/2010 19:46 Comments ||
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#28
If you want to carry a gun in your pocket the single-action North American mini-revolver is a good choice.
My daughter had one of these, she complained that after you shoot a couple of rounds it's too hot to hold, Got a .380 and is very happy with the gun, sold the pea shooter.
Posted by: Redneck Jim ||
06/02/2010 23:35 Comments ||
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[Straits Times] ALARM bells, not wedding bells, are ringing over Indonesian proposals to demand a 500 million rupiah (S$77,000) 'security guarantee' from foreign men who marry Indonesian women.
Enraged brides-to-be are threatening to flee the country and marry their boyfriends abroad if the government approves the plan, which is part of a wider marriage law reform being pushed by Muslim conservatives.
And befuddled foreign grooms are asking why they are being targeted when stories of foreign men being exploited by gold-digging women are rife in the South-east Asian country.
The proposal requires foreign men wishing to wed Muslim women - it will not apply to Christians, Buddhists or Hindus - to put a guarantee of 500 million rupiah into a bank.
If the couple divorce, the wife will be entitled to take the money. If they stick together for at least 10 years, they can claim it as 'shared property'.
'The provision... is intended to protect the rights of women and their children if their husbands neglect, fail to provide for, leave Indonesia secretly... divorce or do anything which harms their interests,' the Bill says.
Is it the law in Indonesia that Muslim women may only marry a Muslim man, while the stipulation of marrying within the religion does not bind women of other religions? If so, this new law suggests that Muslim men are untrustworthy dogs, unlike non-Muslim men... although the intent of the law is clearly to protect only Muslim women from the depredations of foreigners.
Posted by: Fred ||
06/02/2010 00:00 ||
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If you accept the ease with which men (but not women) can divorce in Islamic practice, this makes a kind of sense.
#2
In the US, marry a foreign bride and get a 10 year support obligation [which can be extended to any children that are brought in to the family unit]. After a MSM manufactured crisis about domestic abuse of foreign brides, which was statistically no different than the domestic variety, the 'we got to look like we're doing something' Congress made it a law. So, if she packs out after a couple years to improve her spousal economic status, the dude is still on the hook for eight more years of support. Of course with marriage under assault within the culture, no one has extended the requirement to domestic marriages as well. That would be a real joy killer. Remember, when faced by foreign competition, don't make a better product, just get he politicians to erect trade barriers, though phrased in a nanny manner to 'protect' the poor souls.
Posted by: Mike ||
06/02/2010 8:26 Comments ||
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#4
The Canadian-born Cameron is considered an expert on underwater filming and remote vehicle technologies.
Makes his presence there seem almost legitimate.
We may just see the world's all time highest grossing propaganda film (just before the next presidential election).
#9
Cameron is the superhero of Malibu, battling armageddon from his backyard every year:
Since 1992, [Cameron] has lived in Malibu, in a gated community called Serra Retreat, a patch of scrubby hillside across the highway from the beach. Mel Gibson lives in Serra Retreat; Britney Spears used to be Camerons neighbor there. ... at the end of his driveway, there is a gate, beyond which stands a red Humvee platform fire truck and a uniformed security guard, with a clipboard and a badge.
Ex-military buddies of his younger brother John David, who served as a marine in Iraq during the first Gulf War, sometimes provide additional security.
Camerons imagination was shaped by the Cold War; the threat of nuclear annihilation is a recurring theme. But he also admires the military and its accessories. I suppose you could say I believe in peace through superior firepower, he told me. I dont believe that the human race is going to suddenly evolve to the point that we can all join hands and sing Kumbaya. He learned to shootshotguns, assault rifles, pistolsin the early eighties, when he was writing The Terminator. He has continued his education, training with a handgun expert on a course with pop-up targets, and spending a lot of time in the desert with his friends, shooting up watermelons and jalopies with an AK-47....
We have a big fire problem here, he said. He mentioned that he has his own pump house. We take the pool water, mix it with Class A foam, and pump it out over the whole property. Everybody else just runs for the hills. He threw his hands up and did a squeaky voice. Oh, my God! We sit and wait. Put on our yellow coats and our breathing gear and wait. And, you know what? Its impressive. When these hills light up with a hundred-foot-tall wall of flames coming over the top of the hill there, you feel like its Armageddon.
#10
"We take the pool water, mix it with Class A foam, and pump it out over the whole property."
Wow. As an ex-fire fighter I can tell you this guy knows a few things. I guess every now and then you DO run across someone in Hollywood with half a brain.
Link is to wunderground tracking map.
Tropical Cyclone Phet, currently has peak winds of 140 mph and may strengthen before striking the south coast of Oman. Although this part of Oman is lightly populated, whoever is around will be pounded badly.
The storm is then expected to be picked up by the westerlies and hit south Pakistan. By this time, peak winds will have weakened to somewhere 50-80 mph winds.
Posted by: lord garth ||
06/02/2010 11:21 ||
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Japanese Prime Minister Yukio Hatoyama said on Wednesday he and his powerful party No. 2 would resign after a slide in the polls threatened their party's chances in an election expected next month.
Hatoyama becomes the fourth straight Japanese leader to leave office after a year or less in office.
Calls have built up in Hatoyama's Democratic Party for him to step down to revive the party's fortunes ahead of an election for the upper house of parliament expected on July 11 that it must win to smooth policymaking.
With tears in his eyes, Hatoyama told a party gathering both he and party secretary-general Ichiro Ozawa would resign their posts.
Analysts have tipped outspoken Finance Minister Naoto Kan as the likely successor to Hatoyama, who quits after just eight months on the job.
Political rows, including the recent departure of a tiny leftist party from the ruling coalition, has distracted the government as it thrashes out a plan to cut huge public debt and a strategy to engineer growth despite a fast-aging population.
Hatoyama becomes the fourth straight Japanese leader to leave office after a year or less in office.
Finance Minister Kan has in the past pressed the Bank of Japan to do more to fight deflation and has sounded more positive than Hatoyama about raising the 5 percent sales tax in the future to fund bulging social welfare costs.
That stance would be welcomed by investors worried about Japan's huge public debt, which is nearly 200 percent of GDP.
The Democrats swept to power last August after a landslide election win for parliament's powerful lower house, ousting the conservative Liberal Democratic Party (LDP) after more than 50 years of almost non-stop rule.
But doubts over Hatoyama's leadership skills have eroded the government's approval ratings, with one poll showing support at just 17 percent after he failed to keep a campaign pledge to move a U.S. airbase off Okinawa island in southern Japan.
Pundits had said that unless Ozawa also quit his post as secretary-general, any boost in popularity was likely to be limited at best.
Voter suspicions over a funding scandal embroiling Ozawa, seen by many as the real power behind Hatoyama's administration, were a big factor in the party's ratings slide.
[Iran Press TV Latest] US Attorney General Eric Holder says the country has launched civil and criminal investigations to prosecute those responsible for America's worst oil spill.
"We will prosecute to the fullest extent of the law anyone who has violated the law," Attorney General Eric Holder told reporters in New Orleans on Tuesday and warned, "We will not rest until justice is done."
He added that the criminal probe had begun "some weeks ago."
This comes as US President Barack Obama has also threatened to take legal action against those possibly behind the country's "greatest environmental disaster of its kind."
An estimated 75 million liters of oil has poured into the Gulf of Mexico since the April 20 explosion of an oilrig operated by the energy company, British Petroleum, which led to the death of eleven workers.
So far efforts to stop the oil leak from the fractured deep-sea oil well have failed and caused further environmental fears as the hurricane season draws near.
Efforts to permanently seal the broken pipe will not bear fruit until August, experts say.
Posted by: Fred ||
06/02/2010 00:00 ||
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We gotta do something to make Me look relevant and powerful...
Holder! Get out there and arrest somebody!
Posted by: The One Bobby ||
06/02/2010 5:55 Comments ||
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#2
"We will prosecute to the fullest extent of the law anyone who has violated the law," Attorney General Eric Holder told reporters in New Orleans on Tuesday and warned, "We will not rest until justice is done."
Got tired about the Philly Black Panthers voter intimidation thing, Eric?
Posted by: Bobby ||
06/02/2010 5:57 Comments ||
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#3
He added that the criminal probe had begun "some weeks ago."
Huh, yeah, day one right?
What do we expect when lawyers are running the show? "Action" to them means litigation. Next they'll be suing the oil well itself, suing the first named hurricane...oh, and suing Iran after they nuke somebody.
#4
I'm sure the AG is a lot smarter than me, but from my little corner of the world (which happens to be about 75 miles from the spill) emphasizing the criminal probe does two things:
1- If you assume that this is an engineering problem first and foremost, the AG has just impeded the free flow of data because now everyone involved in at least the original design and drill effort has to think about whether invoking the right to remain silent is the way to go. One guy already has.
2- Most claim payments are funded by liability insurance carriers. Nearly every liability policy I've ever seen has an exclusion for criminal conduct. So: do you really want to prove that this is some sort of criminal enterpise?
If I didn't know that the AG was a real smart guy, I'd say this was sack-o-hammers stupid.
Posted by: Matt ||
06/02/2010 11:42 Comments ||
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#5
So the US is gonna sue itself for all the wavers and saftey excellence awards they gave Deepwater and BP?
#6
So what's gonna happen if no law was broken? What if it was just sh*tty luck and unforeseeable circumstances? The drill rig boss died in the explosion, the BP man isn't talking, I thin bambi and his Ohio Gang will screw this up too.
#7
BP gives tens of millions in campaign funding to Barry. Barry turns on BP like a rabid, snapping dog. Nothing new here, they must have surely forgotten.... it's all about Barry. Enjoy the under-bus ride BP.
#8
BP was sued by Sarah Palin because of environmental problems when she was governor of Alaska; I suspect this was a factor in their giving large amounts of money to the Zero campaign. Now they're going to find themselves at the mercy of the guy _they funded_ who wants to use their accident to tear down the whole industry.
#12
The rig is the sovereign territory of the Marshall Islands in international waters (the USA only recognizes a 12 mile limit for territorial waters and the rig was 40 miles offshore). So good luck prosecuting anyone for anything that happened on the rig.
WASHINGTON At the beginning of high-level U.S.-India talks, a senior U.S. official said Tuesday the United States has a deep strategic interest in forging strong ties with India and nurturing its emergence as a global power.
The comments by Undersecretary of State William Burns are an attempt to deal with fears in India that relations with the United States have slipped as the Obama administration pursues cooperation with India's neighboring rivals, China and Pakistan.
Burns, in a speech at the Council on Foreign Relations, repeatedly sought to show how important India is to U.S. interests, including the war in Afghanistan and dealing with global climate change, education, poverty, counterterrorism and trade initiatives. Similar reassurance will be among the chief aims of U.S. officials during the inaugural U.S.-India Strategic Dialogue that wraps up Friday.
Providing some symbolism to Burns' words, President Barack Obama plans to attend a reception Thursday for Indian officials and give a speech.
Never has there been a moment when India and America mattered more to each other,' said Burns, the highest-ranking career diplomat in the United States. Never has there been a moment when the partnership between India and America mattered more to the rest of the globe.'
Burns said a third of the U.S. Cabinet has visited India since Obama took office almost a year and a half ago, and that Obama himself intends to visit this year.
Despite high-level visits and near-constant diplomatic contact, India has been wary of Obama, who followed a president celebrated for transforming U.S.-Indian ties. Former President George W. Bush shepherded a landmark accord to share civilian nuclear energy with formerly shunned India, making it the cornerstone of a new strategic relationship.
In his speech Burns directly addressed widespread qualms in both countries, including India's worry that we have downgraded India because we see Asia exclusively through the lens of an emerging China, with India's role secondary.'
In an effort to restore Indian confidence, Secretary of State Hillary Rodham Clinton will host Indian Foreign Minister S. M. Krishna and other senior officials in talks this week that will address energy, climate change, education, economics, trade, agriculture, science, technology and health initiatives. The countries also will talk about ways to share information on terror groups and on India's role in Afghanistan.
This week's talks, Burns said, are meant to deepen habits of collaboration and drive away lingering doubts. Our individual success, at home and abroad, depends on our cooperation,' he said.
Posted by: Steve White ||
06/02/2010 00:00 ||
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...Indias worry that we have downgraded India because we see Asia exclusively through the lens of an emerging China, with Indias role secondary.
I'd say that sums it up for US/India relations. I'm sure Hillary will really smooth things over by pushing the Obama global socialist agenda on them.
I wonder if the administration is surprised that India doesn't view GW through the same lens as their liberal utopianite supporters.
#2
India is emerging as an invaluable ally. The USA MUST cultivate a mutually beneficial relationship with India to counteract the Pakis and the Chinese. Indians have a large deep water Navy and are quite skilled sailors. Their history of Democracy further underscores their importance in that part of the world.
Posted by: Mike Hunt ||
06/02/2010 11:39 Comments ||
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#3
"India is emerging as an invaluable ally. The USA MUST cultivate a mutually beneficial relationship with India to counteract the Pakis and the Chinese."
#4
One of Obama's first foreign policy actions was to back off of the Bush administration's unprecedented cultivation of India as a working partner. As with most of his knee jerk reactions, the real word effects of Obama's ideology are forcing him to walk that back a bit. Specifically, the Chinese support for the NORK attack on the SORK ship.
#2
The EU has been trying to partner with China to overtake US space programs for some time. This is another of their attempts and might well work, given the decrepitude of our space expertise of late.
#3
Right. Because partnering with EUrope has been beneficial for the US in so many ways. The only thing it will do is reduce the number of covert Chinese spies in EUrope. Otherwise the EUropeans are an anchor as the Chinese will learn to their detriment. EUrope will succeed only in relative terms due to our decrepitude.
#2
It's supposed to carry a launcher for Rolling Airframe Missile antimissiles, and a decoy launcher. Also, the gun could be used, but I've read stuff saying the fire control radar might not be good enough for antimissile/aircraft use.
#3
LCS doesn't have any anti-ship missiles and none are planned. Any anti-ship missile capability will have to reside in the 2 Seahawk helicopters. As Snowy mentioned, it does have some anti-ship cruise missile defenses w/ RAM, but no offensive punch. It is supposed to be able to carry a mission module with modified anti-tank missiles (NLOS) to take out speedboats and such. Too bad the Army canceled it for nonperformance and stuck the Navy w/ 100% of future development bills.
Nor does it have any air defenses greater than 5 miles range. There are better armed patrol boats that are 1/10th the size of LCS that are a hell of a lot more flexible in the "Littoral" combat environment than a $500 million, 3,000 ton aluminum (read flammable) monstrosity. LCS might not be able to fight worth a damn, but it sure can deliver meals to ungrateful Somalis in 30 minutes or less.
Posted by: ed ||
06/02/2010 17:16 Comments ||
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#6
IF you wanted to equip it with better missiles you could attach vertical launcher modules for ESSMs to the side of the hangar or the roof of the hanger. It's a modular system.
I do get the impression, however, they needed to spend a little less money on those last 5 knots of speed and a little more on a decent radar.
How many dairy cows does it take to make a kilowatt of electricity, enough to power a small apartment? Four, according to GHD, Inc. The company, based in Chilton, Wis., makes methane from cow poop using a technique called anaerobic digestion. Four cows make about 64 gallons of manure a day. This manure can be fed to bacteria that once lived in a cow's gut. These microorganisms break down undigested fatty acids in the manure over weeks to make methane gas. Methane is then burned onsite at the farm to make electricity that can be sold to utility companies. To be economical the operation needs about 600 cows, and the largest operations include more than 10,000 cows.
#4
Not nearly enough penance for our evil carbon emitting ways. What's needed is to dry the cow patties and make people cook and heat their homes with them.
[Straits Times] AFTER weeks fighting for his political life, Thailand's Prime Minister has surprised many by surviving mass street protests and is likely to put off elections for as long as possible, experts said.
Few think the crisis, which has driven a wedge into Thai society and left 89 people dead, is over. But Mr Abhisit Vejjajiva has managed to cling to power, thanks to the backing of the army.
'I certainly felt that Abhisit wouldn't survive this crisis but he's surprised a lot of people,' said Thailand expert Andrew Walker, a senior fellow at the Australian National University.
The Premier has shelved his offer of November elections, and analysts believe he may try to fend off pressure from the opposition to go to the polls until his term expires at the end of next year.
'Abhisit is obviously concerned that he would lose an election and he'll delay it for as long as he can,' said Dr Walker.
The 'red shirts' were campaigning for immediate elections, denouncing a government they view as undemocratic.
Posted by: Fred ||
06/02/2010 00:00 ||
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If the Euro continues to fall for another 6 months or so, expect to see other nations start doing the same thing. Euro will fall farther as people lose faith... EU will fall apart... socialists and bureaucrats hurt worst by crisis.
Production of United States Mint American Eagle Gold Proof and Uncirculated Coins has been temporarily suspended because of unprecedented demand for American Eagle Gold Bullion Coins. Currently, all available 22-karat gold blanks are being allocated to the American Eagle Gold Bullion Coin Program, as the United States Mint is required by Public Law 99-185 to produce these coins in quantities sufficient to meet public demand . . . .'
The United States Mint will resume the American Eagle Gold Proof and Uncirculated Coin Programs once sufficient inventories of gold bullion blanks can be acquired to meet market demand for all three American Eagle Gold Coin products. Additionally, as a result of the recent numismatic product portfolio analysis, fractional sizes of American Eagle Gold Uncirculated Coins will no longer be produced.
Update: Due to the continued, sustained demand for American Eagle Gold Bullion Coins, 2009-dated American Eagle Gold Uncirculated Coins will not be produced.
#5
There has been a big jump in demand for gold coins.
Tuesday, 25/05/2010
The Perth mint in Western Australia will work extra shifts in the coming weeks to cope with an increase in demand for physical gold.
The nation's biggest gold refinery has seen a jump in demand for physical gold in the last couple of weeks because European investors are worried about currency and sovereign debt in their own countries.
What's happening with the production of the blanks? Is this a question of not enough gold being mined / processed? Or are the companies that turn bullion into blanks constrained by supply of bullion? Or by the production of the blanks?
The writer could have, you know, explained this.
Posted by: Steve White ||
06/02/2010 15:56 Comments ||
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#7
Basic economics. Why would the US gov want to sell any gold now when, by their own actions, they cause gold to be priced higher in the future?
Posted by: ed ||
06/02/2010 16:40 Comments ||
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#8
I'm not sure this makes sense to me. On the whole, the world is mining more gold than there is demand for. As for production of the blanks, there
s no doubt a perfectly good explanation for it that won't make a lick of difference to people forever concerned about calamity. Methinks we're soon to be looking at one of them parabolic price/demand curves here shortly.
Posted by: Mike N. ||
06/02/2010 19:31 Comments ||
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#9
My wife works for a gold mining company and I can tell you there is a physical gold shortage. In part due to the high demand for physical gold from individuals.
#10
POLS + PERTS + MSM-NET telling people we're in for a LT GLOBAL RECESSION/DEPRESSION LONGER + DEEPER THAN 1929 tends to have this effect.
D *** NG IT, clearly PROPER OWG-NWO GLOBAL SOCIALISM-GOVTISM + UNIVERSAL REGRESSIONISM requires that we waste iff not destroy ALL THE OIL IN THE GULF OF MAHICO. GAIA = EARTH can't be "permanently poor but optimistic" like Cold War Soviet Citizens iff we're UNIVERS ENERGY-RICH, NOT UNIVERS ENERGY-POOR, now can we???
Lest we fergit, "AIRPLANE" Movie > POINT COUNTERPOINT > D *** NG IT, THEY BOUGHT THEIR PLANE TICKETS [oil rig] FAIR + SQUARE - I SAY, LET "EM CRASH [gush for months, years, + decsades]!
#11
In a deflationary economy, gold would be one of the worst investments you could make ... and it looks like our economy might be headed for deflation.
If we take a double dip, expect your gold investment value to drop.
Sit down before you read this. Its from MotherJones so....
Michael Clauer is a captain in the Army Reserve who commanded over 100 soldiers in Iraq. But while he was fighting for his country, a different kind of battle was brewing on the home front. Last September, Michael returned to Frisco, Texas, to find that his homeowners' association had foreclosed on his $300,000 house--and sold it for $3,500. This story illustrates the type of legal quagmire that can get out of hand while soldiers are serving abroad and their families are dealing with the stress of their deployment. And fixing the mess isn't easy.
In Texas, homeowners' associations can foreclose on homes without a court order, no matter the size of the debt. In May 2008, the HOA sold the Clauers' home for a pittance--$3,500--although its appraisal value was $300,000, according to court documents. The buyer then resold the house to a third person. (Select Management Co., the company that manages Heritage Lakes, declined to comment for this story.)
It wasn't until June 2009 that May realized what had happened. Around that time, the new owner started demanding rent from the Clauers.
At no point did anyone from the HOA--which is, after all, composed of the Clauers' neighbors--appear to have tried to visit May Clauer's house to talk to her about the problem. "The HOA board members...don't live very far from me at all," Michael Clauer says. There were "neighbors owing much more than us [who] were notified in person of pending foreclosures, but my wife only received a few letters." David Schechter of the Dallas/Fort Worth television station WFAA, which first reported this story, notes that the "Clauers' HOA says homeowners are free to call them, but they do not call or visit homeowners when there's a problem. They're only required to send a certified letter."
There are a bevy of laws that are supposed to protect servicemembers from losing their homes or jobs while they're on active duty, including the Servicemembers Civil Relief Act (SCRA). The homeowners' association's lawyer filed an affidavit wrongly claiming that neither of the Clauers was on active duty, says Barbara Hale, the couple's lawyer. Hale is seeking to have the court reverse the foreclosure and declare it "null and void," she says.
In the meantime, the Clauers have obtained an agreement allowing the family to stay in the home, Hale says. She's "confident that the courts will sort this out and do the right thing," but notes that the drawn-out legal process must be stressful for the Clauers. Guess she's never been to court before, huh?
Lauren Bean, a spokeswoman for Clauers' congressman, GOP Rep. Michael Burgess, says that Burgess is "aware of Capt. Clauer's issue," but says it is "office policy to not comment on constituent casework."
Even if he can't get his family's home back, Michael hopes that the public will pay attention to his story and push for changes to the laws that give Texas HOAs so much power. "We don't want to see this happen to other people," he says.
UPDATE: Several people have emailed asking how they can help. The Clauers have set up a legal defense fund to help pay for their court battle. You can send checks (made out to Clauer Legal Defense Fund) here:
Clauer Legal Defense Fund
c/o Plains Capital Bank
1629 Hebron Parkway West
Carrollton, TX 75010
This sounds awfully fishy. The HOA only did the minimal required contact required by law (mail). I wonder if the sleezebag who bought the home for 3,500 has any sort of relationship with a member of the HOA.... Y'think?
#2
The homeowners' association's lawyer filed an affidavit wrongly claiming that neither of the Clauers was on active duty, says Barbara Hale, the couple's lawyer.
If wrongly claimed, then that should be it, right?
#3
The homeowners' association's lawyer filed an affidavit wrongly claiming that neither of the Clauers was on active duty, says Barbara Hale, the couple's lawyer.
The reason for such an affidavit is the Soldiers and Sailors Relief Act. Any rational judge who knows the law and is presented with this action will hammer the HOA. The problem with the Act is that violations are treated as a civil matter and force the individual to process and pay for the redress. Long time past that elements should have been moved over to the criminal side of the courts.
#4
and they wonder why the suicide rate is so high among the military returning from duty. You experience the horrors of war only too be shit on when you return home. I hope he burns that house too the damn ground
Posted by: chris ||
06/02/2010 10:09 Comments ||
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#5
The homeowners' association's lawyer filed an affidavit wrongly claiming that neither of the Clauers was on active duty,
Here is what the law says
(1) AUTHORITY FOR COURT TO VACATE OR SET ASIDE JUDGMENT- If a default judgment is entered in an action covered by this section against a servicemember during the servicemember's period of military service (or within 60 days after termination of or release from such military service), the court entering the judgment shall, upon application by or on behalf of the servicemember, reopen the judgment for the purpose of allowing the servicemember to defend the action if it appears that--
(A) the servicemember was materially affected by reason of that military service in making a defense to the action;
The judge can reopen this.
Now as to the affidavit:
(1) PLAINTIFF TO FILE AFFIDAVIT- In any action or proceeding covered by this section, the court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit--
(A) stating whether or not the defendant is in military service and showing necessary facts to support the affidavit;
...
(4) SATISFACTION OF REQUIREMENT FOR AFFIDAVIT- The requirement for an affidavit under paragraph (1) may be satisfied by a statement, declaration, verification, or certificate, in writing, subscribed and certified or declared to be true under penalty of perjury.
This was pretty clearly fraud on the part of the HOA. And its possibly criminal, to give false information on an affadavit to the court, it would be perjury? The law seems to say so.
(c) PENALTY FOR MAKING OR USING FALSE AFFIDAVIT- A person who makes or uses an affidavit permitted under subsection (b) (or a statement, declaration, verification, or certificate as authorized under subsection (b)(4)) knowing it to be false, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.
...
(d) PENALTIES-
(1) MISDEMEANOR- A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.
(2) PRESERVATION OF OTHER REMEDIES- The remedies and rights provided under this section are in addition to and do not preclude any remedy for wrongful conversion otherwise available under law to the person claiming relief under this section, including consequential and punitive damages.
Looks like someone from the HOA may be going to jail or paying a fine or both.
And it looks like the HOA may be subject to civil and punative damages.
Bastards. I hope the courts do the right thing, stick it to the HOA and its scumbag lawyers HARD.
Posted by: No I am The Other Beldar ||
06/02/2010 11:01 Comments ||
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#6
In older terms we call this claim jumping. I hope Texas does the right thing here.
Posted by: 49 Pan ||
06/02/2010 11:43 Comments ||
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#7
Pan__ I assume you're referring to the "They needed killin'" rule?
Posted by: Bill Hupith7863 ||
06/02/2010 13:57 Comments ||
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#8
Yup!
Posted by: 49 Pan ||
06/02/2010 16:38 Comments ||
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#9
agreed that the buyer was prolly a relative/friend of an HOA board member. I'd suggest they publish the names of all involved and let street justice prevail before the courts (which can drag onnnnn) take over. A lot easier to get compensated from a probate court :-)
Posted by: Frank G ||
06/02/2010 19:59 Comments ||
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#10
i agree frank street justice seems too egt the message across. Now a few hells angels ata WBC protest and all said and done
Posted by: chris ||
06/02/2010 20:08 Comments ||
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