NJ Senate Resolution Urges NJ Supreme Court Justice Rivera-Soto to Resign

And the political snowball keeps rolling in New Jersey. On Thursday, February 17, 2011, the New Jersey Senate passed SR-105, a resolution urging Justice Roberto Rivera-Soto to resign his seat on the New Jersey Supreme Court.

Last December, Justice Rivera-Soto began abstaining from votes of the state’s highest court, stating that the court as presently constituted with “one Chief Justice, five Associate Justices and a Judge of the Appellate Division selected unilaterally by the Chief Justice,… is unconstitutional and its acts are ultra vires.”

Sponsored by Senator Nia Gill, D-Essex, the Senate resolution states:
“It is the sense of the Senate that the actions of are prejudicial to the administration of justice and constitute a serious violation of the public trust.”
The resolution is among a string of events that have unfolded recently in New Jersey politics, implicating the future of the state’s supreme court.

Last May 2010, Governor Christie announced that he would not be renominating New Jersey Supreme Court Justice John Wallace Jr., the only African-American serving on the court.

New Jersey Supreme Court Justices receive initial appointments for 7 years, and may thereafter be reappointed for life. The governor’s decision marked the first time a sitting justice would not receive reappointment.

To replace Justice Wallace, Governor Chris Christie nominated republican Anne Patterson, a partner at Riker, Danzig, Scherer, Hyland & Perretti, a large law firm in Morristown.

In response to Patterson’s nomination, state Senate President Stephen Sweeny, who served as acting governor during the snow storm of December 2010, stated that the legislature would not give advice and consent regarding Patterson’s nomination until Spring 2012, when Justice Wallace would have left under mandatory retirement.

After Justice Wallace left the bench in May 2010, Chief Justice Stuart Rabner invoked the “temporary assignment clause” of the New Jersey Constitution. The clause allows a senior judge of the lower Superior Court to fill a vacancy on the Supreme Court. Chief Justice Rabner appointed Appellate Division Judge Edwin Stern, reasoning that the appointment was necessary due to the Supreme Court’s pressing caseload.

Following this appointment, Justice Rivera-Soto began abstaining from decisions as long as the Court remained “unconstituionally constituted.” In two consecutive opinions, he argued that the “temporary assignment clause” only allows the chief justice to appoint lower court judges when necessary to obtain a quorum.

In a more recent opinion, however, Justice Rivera-Soto has backed down from his stance, stating that he would only vote when the vote of the appointed justice was not the swing vote.

“I will cast a substantive vote in every case in which the judge of the Superior Court temporarily assigned to serve on the SupremeCourt participates except for those in which the temporarily assigned judge casts a vote that affects the outcome of the case.”

Online, the Senate’s resolution has sparked fierce reactions from both sides of the debate:
“Rivera-Sota is a blemish on the NJ Supreme Court. We should bring back a respectable judge like Wallace.”

“It is actually Sweeney and the Democrats who should resign or be impeached for thwarting Governor Christie’s constitutional right to appoint a new justice to the Supreme Court. At least [Rivera-Sota] has disclosed to everyone a reason for why he is doing what he does.”

Comments originally posted on NJ.com.

Mortgage Fraud Schemes in South Carolina – A Review For SC Criminal Attorneys, Lawyers & Law Firms

Mortgage fraud is problem that has reached epidemic proportions in the United States (US) in general and in South Carolina (SC) in particular. The white collar practitioner should be aware that mortgage fraud is generally investigated by the United States Federal Bureau of Investigation (FBI), although other agencies routinely assist the FBI and/or take the lead in investigating a case. Some of the other federal agencies which investigate mortgage fraud crimes for criminal prosecution include, but are not limited to, the Internal Revenue Service-Criminal Investigative Division (IRS-CID), United States Postal Inspection Service (USPIS), U.S. Secret Service (USSS), U.S. Immigration and Customs Enforcement (ICE), U.S. Department of Housing and Urban Development-Office of the Inspector General (HUD-OIG), Federal Deposit Insurance Corporation-Office of the Inspector General (FDIC-OIG), the Department of Veterans Affairs-Office of the Inspector General (DVA-OIG) and U.S. Bankruptcy Trustees.

The FBI works extensively with the Financial Crimes Enforcement Network (FinCEN). FinCEN is a bureau of the United States Department of the Treasury, created in 1990, that collects and analyzes information about financial transactions in order to fight financial crimes, including mortgage fraud, money laundering and terrorist financing. The FinCEN network is a means of bringing people and information together to combat complex criminal financial transactions such as mortgage fraud and money laundering by implementing information sharing among law enforcement agencies and its other partners in the regulatory and financial communities. South Carolina lawyers can keep abreast of mortgage fraud developments by visiting the respective websites of the FBI and FinCEN.

In South Carolina, mortgage fraud is generally prosecuted by federal prosecutors. The United States Attorney’s Office (USAO) and the U.S. Department of Justice’s (DOJ) Criminal Fraud Section handle the criminal prosecutions of mortgage fraud cases. The USAO in South Carolina has about 50 prosecutors in the state, and has offices in Charleston, Columbia, Florence, and Greenville. In the investigation stage, a person with possible knowledge or involvement in a mortgage fraud may be considered a witness, subject or target of the investigation. A subject is generally a person the prosecutor believes may have committed a mortgage fraud crime, whereas a target is a person the prosecutor believes has committed a crime such as mortgage fraud and the prosecutor has substantial evidence to support a criminal prosecution. Criminal prosecutions of mortgage fraud felony cases are usually initiated through the federal grand jury process. A federal grand jury consists of between 16 and 23 grand jurors who are presented evidence of alleged criminal activity by the federal prosecutors with the aid of law enforcement agents, usually FBI special agents. At least 12 members of the grand jury must vote in favor of an indictment charging mortgage fraud. South Carolina criminal defense lawyers are not allowed entry into the grand jury at any time, and prosecutors rarely fail to obtain an indictment after presentment of their case to the grand jury.

Often targets of a mortgage fraud prosecution are invited by the prosecution to avail themselves of the grand jury process and to testify in front of the grand jury. Generally, a South Carolina criminal defense attorney should not allow a named target of a federal criminal mortgage fraud investigation to testify before the grand jury. Subjects and witnesses in a mortgage fraud prosecution are often subpoenaed by the prosecutors to testify before the grand jury. A criminal defense attorney should likewise generally advise a witness or subject to not testify if any part of the testimony would possibly incriminate the client. With respect to a federal mortgage fraud investigation, when a citizen receives a target letter, subject letter, or a subpoena to testify before the grand jury, or is contacted in person by a law enforcement officer such as an FBI special agent, a South Carolina criminal lawyer who is experienced in federal prosecutions should be consulted immediately. One of the biggest mistakes a mortgage fraud target, subject or witness can make is to testify before the grand jury or speak to criminal investigators prior to consulting with a criminal defense attorney. The 5th Amendment to the Constitution allows any person, including a target, subject or witness in a mortgage fraud prosecution, to not incriminate himself or herself. Interestingly, there is no 5th Amendment protection for a corporation. Obviously, if a defendant has been indicted or arrested for a federal mortgage fraud crime in South Carolina, an experienced SC mortgage fraud lawyer should be consulted immediately.

An important practice tip for South Carolina attorneys representing clients who have decided to testify before the grand jury is to accompany the client to the grand jury court room. While not allowed in the grand jury proceeding itself, the attorney can wait just outside of the court room and the client is allowed to consult with the attorney for any question which is posed to the client by prosecutors or grand jurors. This is an effective way to help minimize any potential damaging statements by the client, and a great way to learn the focus of the prosecutor’s case. This approach makes it much easier to gain insights from the client as to the questions asked during the grand jury proceeding as opposed to debriefing the client after a sometimes long and grueling question and answer session which can last for hours.

South Carolina white collar criminal attorneys need to be aware of the types of mortgage fraud that are prevalent in the state in order to effectively identify and represent clients who are involved in mortgage fraud activities. Consumers need to be aware of the variations of mortgage fraud so that they do not unwittingly become a part of a scheme to defraud a bank or federally backed lending institution. Federal mortgage fraud crimes in South Carolina are punishable by up to 30 years imprisonment in federal prison or $1,000,000 fine, or both. It is unlawful and fraudulent for a person to make a false statement regarding his or her income, assets, debt, or matters of identification, or to willfully overvalue any land or property, in a loan or credit application for the purpose of influencing in any way the action of a federally backed financial institution.

Some of the applicable federal criminal statutes which may be charged in mortgage fraud indictments include, but are not limited to, the following:

• 18 U.S.C. § 1001 – Statements or entries generally
• 18 U.S.C. § 1010 – HUD and Federal Housing Administration Transactions
• 18 U.S.C. § 1014 – Loan and credit applications generally
• 18 U.S.C. § 1028 – Fraud and related activity in connection with identification documents
• 18 U.S.C. § 1341 – Frauds and swindles by Mail
• 18 U.S.C. § 1342 – Fictitious name or address
• 18 U.S.C. § 1343 – Fraud by wire
• 18 U.S.C. § 1344 – Bank Fraud
• 18 U.S.C. § 2 – Aiding and Abetting
• 18 U.S.C. § 371 – Conspiracy
• 42 U.S.C. § 408(a) – False Social Security Number

While states experiencing the highest number of mortgage fraud cases are California, Florida, Georgia, Illinois, Indiana, Michigan, New York, Ohio, Texas, Utah, Arizona, Colorado, Maryland, Minnesota, Missouri, Nevada, North Carolina, Tennessee, and Virginia, the state of South Carolina has seen a huge rise in the number of mortgage fraud cases being prosecuted by the USAO, DOJ and FBI.

In South Carolina, a disproportionate number of mortgage fraud cases have occurred in the coastal region. Some of the South Carolina counties with high concentrations of mortgage fraud or bank fraud cases include Horry County, Florence County, Georgetown County, Charleston County, Berkeley County, Dorchester County, Beaufort County, Colleton County and Jasper County. Some of the South Carolina cities with high concentrations of mortgage fraud or bank fraud cases include Little River, North Myrtle Beach, Myrtle Beach, Murrells Inlet, Georgetown, Awendaw, Mt. Pleasant, Charleston, North Charleston, James Island, Isle of Palms, Sullivan’s Island, Folly Beach, Kiawah Island, Hollywood, Ravenel, Beaufort, Bluffton and Hilton Head Island. The reason for the increased number of mortgage fraud and bank fraud criminal prosecutions in these areas is because large number of condominium, condotels, townhouse and similar real estate projects which proliferated in these areas. These real estate developments were popular in areas close to the waterfront and bank lenders were willing to loan money at a furious pace due to a perceived enormous demand.

There are a wide variety of schemes, artifices and conspiracies to perpetrate mortgage frauds and band frauds with which the South Carolina white collar criminal defense lawyer and consumers must be familiar. Typical mortgage fraud schemes or conspiracies that have occurred in South Carolina and elsewhere throughout the United States include the following:

Air Loans. The air loan mortgage fraud scheme is a loan obtained on a nonexistent property or for a nonexistent borrower. Professional scam artists often work together to create a fake borrower and a fake chain of title on a nonexistent property. They then obtain a title and property insurance binder to present to the bank. The scam artists often set up fake phone banks and mailboxes in order to create fake employment verifications and W-2s, home addresses and borrower telephone numbers. They may establish accounts for payments, and maintain custodial accounts for escrows. Phone banks are used to impersonate an employer, an appraiser, a credit agency, a law firm, an accountant, etc…, for bank verification purposes. The air loan scam artists obtain the loan proceeds and no property is ever bought or sold, and the bank is left with an unpaid loan that never had any collateral.

Appraisal fraud. Appraisal fraud is often an integral part of most mortgage fraud scams and occurs when a dishonest appraiser fraudulently appraises a property by inflating its value. In most cases, after the seller receives the closing proceeds, he will pay a kickback to the appraiser as a quid pro quo for the fake appraisal. In most cases, the borrower doesn’t make any loan payments and the house or property goes into foreclosure.

Equity Skimming. In an equity skimming mortgage fraud scheme, an investor often uses a straw buyer, false income documents, and false credit reports to obtain a mortgage loan in the straw buyer’s name. After the closing, the straw buyer signs the property over to the investor in a quit claim deed which relinquishes all rights to the property and provides no guaranty to title. The investor does not make any mortgage payments, and rents the property until foreclosure takes place several months later. Equity skimming also occurs when a scam artist purchases a residential property whose owner is in default on his mortgage and/or his real estate taxes, and then diverts rental income from the property for personal gain and does not apply this rental income toward mortgage payments, the payment of taxes and other property-related expenses.

Flipping. A flipping scheme occurs when the seller intentionally misrepresents the value of a property in order to induce a buyer’s purchase. Flipping mortgage fraud schemes usually involve a fraudulent appraisal and a grossly inflated sales price.

Foreclosure schemes. Foreclosure scheme scam artists prey on people with mounting financial problems that that place them in danger of losing their home. Homeowners in the early stages of foreclosure may be contacted by a fraudster who represents to the homeowner that he can get rid of his debt and save his house for an upfront fee, which the scam artist takes and then disappears. In a similar foreclosure scheme, Homeowners are approached by a scam artist who offers to help them refinance the loan. The homeowners are fraudulently induced to sign so-called “refinance” documents only to later find out that they actually transferred title to the house to the fraudster and then face eviction.

Nominee Loans/Straw buyers. One of the most frequent types of mortgage fraud occurs when a “straw buyer” is used to hide the identity of the true borrower who would not qualify for the mortgage. The straw buyer or nominee buyer generally has good credit. The scam artist usually fills out the loan application for the straw buyer, and falsifies the income and net worth of the straw buyer in order to qualify for the loan. These fraud scams were popularized with the advent of the “stated income” loans which did not require a borrower to prove his true income and net worth – the bank just believed the income and net worth that was “stated” on the loan application. Straw buyers are often duped into thinking that they’re investing in real estate that will be rented out, with the rental payments paying the mortgage, and are sometime paid a nominal fee outside of closing. In most case, no payments are made and the lender forecloses on the loan. Sometimes straw buyers are actually in on the scam and are getting a cut of the proceeds.

Silent Second. In the silent second mortgage fraud scheme, the buyer borrows the down payment for the purchase of the property from the seller through the execution of a second mortgage which is not disclosed to the lending bank. The lending bank is fraudulently led to believe that the borrower has invested his own money for the down payment, when in fact, it is borrowed. The second mortgage is generally not recorded to further conceal its status from the primary lending bank.

A mortgage fraud is usually reported to the FBI by the financial institution upon which the fraud has been committed. Pursuant to the Bank Secrecy Act of 1970 (BSA), a bank must file a Suspicious Activity Report (SAR) with FinCEN if a customer’s actions indicate that the customer is laundering money or otherwise violating a federal criminal law such as committing mortgage fraud. See 31 C.F.R. § 103.18(a). A bank is required to file a SAR no later than 30 calendar days after the date of initial detection by the bank of facts that may constitute a basis for filing a SAR, unless no suspect was initially identified on the date of the detection, in which case the bank has up to 60 days to file the SAR. See 31 C.F.R. § 103.18(b). Once FinCEN has analyzed the information contained in the SAR, if a criminal activity is found to have occurred, then the case is turned over to the FBI and the DOJ or AUSO for investigation and prosecution. The rise in FBI SARs reports involving mortgage fraud went from approximately 2,000 in 1996 to over 25,000 in 2005. Of those 2005 SARs reports, 20,000 of involved borrower fraud, approximately 7,000 involved broker fraud, and approximately 2,000 involved appraiser fraud.

The FBI has identified a number of indicators of mortgage fraud of which the South Carolina criminal white collar lawyer needs to be aware. These include inflated appraisals or the exclusive use of one appraiser, increased commissions or bonuses for brokers and appraisers, bonuses paid (outside or at settlement) for fee-based services, higher than customary fees, falsifications on loan applications, explanations to buyers on how to falsify the mortgage application, requests for borrowers to sign a blank loan application, fake supporting loan documentation, requests to sign blank employee forms, bank forms or other forms, purchase loans which are disguised as refinance loans, investors who are guaranteed a re-purchase of the property, investors who are paid a fixed percentage to sell or flip a property, and when multiple “Holding Companies” are used to increase property values.

One of the first and biggest South Carolina mortgage fraud prosecutions occurred in the Charleston Division in the 1990’s. It involved nominee borrowers and straw loans made by Citadel Federal Saving and Loan. Over 10 straw purchasers were enticed into the real estate loans by getting paid fees for signing up for the loans. They did not put up any of their own money as part of the deal and when the loans went sour the bank was left with properties that were upside down, that is, the real estate was worth less the the amount of the loan. Some bank insiders were part of the scheme and got convicted for their respective roles.

The range of defendants that a SC criminal lawyer will represent in a typical mortgage fraud case may include straw borrowers or nominee borrowers, real estate agents, developers, appraisers, mortgage brokers, and sometimes even closing attorneys and bankers. Bankers often get involved in mortgage fraud scams because they are receiving kickbacks from the borrowers or are paid bonuses for the volume of loans made and thus ignore proper banking loan requirements and protocols in order to make more money. Close scrutiny should be given to bank loan applications, appraisals, HUD-1 closing statements, borrower’s W-2 and tax returns when analyzing a potential mortgage fraud case for a potential client.

Federal judges who impose sentences for mortgage fraud normally rely upon the United States Sentencing Guidelines, which are now advisory as a result of the U.S. v. Booker case, when determining a sentence. A federal court calculates a particular guideline range by assessing a defendant’s criminal history, the applicable base offense level, and the amount of the actual or intended loss. Section 2B1.1 of the USSG sets forth a loss table which increases the base offense level according to the amount of money involved in the mortgage fraud. Generally, the more money which is lost in a mortgage fraud scam, the greater the sentence the defendant receives. In some cases, a defendant may be subjected to sentencing enhancements which means the defendant receives a greater sentence. A defendant may receive an enhancement for the role in the offense if the court determines that the defendant was an organizer, supervisor, or a recruiter, or used a sophisticated means to facilitate a crime, abused a position a trust, or targeted a vulnerable victim such as a disabled or elderly person. However, federal judges now have wide latitude for imposing a sentence because they must consider the broad statutory factors set forth in 18 U.S.C. 3553(a)which include the nature and circumstances of the offense and the history and characteristics of the defendant, the need for the sentence imposed to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense, the need to afford adequate deterrence to criminal conduct, the need to protect the public from further crimes of the defendant, the need to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner, the kinds of sentences available, the sentence recommended by the Sentencing Guidelines and any applicable guidelines or policy statement therein, the need to avoid sentence disparities, and the need for restitution.

There are some important strategic decisions which need to be made for the defendant who has been charged or indicted for mortgage fraud. The defendant and his lawyer should seriously consider the consequences of pleading guilty if he has in fact committed the crime. A mortgage fraud defendant can receive up to a 3 level downward departure for pleading guilty. A criminal lawyer representing a mortgage fraud defendant can also file a motion for a downward departure and/or a motion for a variance and argue factors to the court in support of an additional decrease in a defendant’s sentence. The mortgage fraud defendant’s criminal attorney should closely scrutinize the circumstances of the case and the defendant’s background and criminal history in order to help minimize the amount of time to be served. A valuable tip for an attorney representing a criminal mortgage fraud defendant in South Carolina is to consider mitigating factors such as disparate sentences, 5K departures for cooperation, aberrant behavior, property values, family ties, extraordinary rehabilitation, diminished mental capacity, extraordinary restitution should be considered as possible justifications for a lesser sentence.

A white collar criminal defense attorney in South Carolina must have an understanding of the basics of the mortgage fraud in order to adequately represent clients who have been charged or indicted with mortgage fraud violations. Recognizing the difference between the status of being a target, subject or witness can have important consequences in how a case is handled. A white collar bank fraud or mortgage fraud criminal conviction can have life altering consequences for those defendants convicted of the same. A defendant who is charged or indicted with the federal crime of mortgage fraud should consult with a SC criminal lawyer who is knowledgeable about the different types of these scams, how the scams are carried out, the law enforcement investigatory process, the grand jury process, substantive law regarding mortgage fraud, the applicable federal sentencing guidelines and approaches available to minimize a defendant’s potential sentence.

© 2010 Joseph P. Griffith, Jr.

Gods, Warriors and Battle Cries – A Critical Analysis of New Development Endangering the World

The days of fear of collision of intellect of super powers and destruction through nuclear holocaust are gone. Humankind is now endangered by bigger fear by the Battle Cry of Gods warriors. The spiritual awakening under the belt of multitude of religions is causing a huge threat to modern society as never before. Christiane Amanpour of CNN through her six hour episodes on Christian warriors, Jewis warriors and Muslim Warriors brought out this naked reality. This combined with Global Warming, Climate Change; increased Natural Catastrophes is making human life miserable and endangered. The CNN has fulfilled its journalistic role of bringing the problem to the lime light for the intellectuals to think. But the question left behind is what are the real cause and what is the solution. Many of these warriors, by their half awakened spirituality are psyched for Mother of all Battles. With all the fire power of matter behind them, the scenario emerging is deadlier than before the era of super power and tensions of nuclear war.

Author could perceive the evolution of our world to the present day situation as he was working as a researcher in biotechnology. He realized that humankind is inching to self destruction because of the lack of interrelationship and oneness of nature [Truth of Nature]. In a turning point of his life he chose to stay with his consciousness and left the research world to seek Truth. He notes that only Truth can save the world from the impending disaster and calls the attention of the world to it. Modern world is the product our divisive approach to understand nature. The author feels it should come from the opposite. From two decades of research author produces the Fundamental Design and Principle on which nature is constructed, related and is working perpetually in cycles. The knowledge not only accounts for the all the developments in science and bring them together, but goes ahead to explain the spiritual reality. It has potential to cause the unity of all religion thus defusing the tension endangering humanity.

Though author is spiritual and New Born, he feels that blind or half bread spirituality is dangerous. It is power full than atomic bombs, accurate and non failing than the best of the missiles mankind has developed and it has additional capacity of self programming and to breed its copies. With more and more people turning spiritual and spirituality aiming the seat of power and judiciary, the situation is turning to a point of triggering Mother of all Battles and self-destruction. A half bread spiritual leader in the seat of power can create more havoc than a half bread intellectual, [selfish /corrupt] person in the hierarchy. Reasons are simple

1] Human existence is a struggle to know the Truth of his existence in Nature. There are two paths. An intellectual is a person who seeks the Truth from the material world and depends on what he sees from his senses. Undoubtedly it is inferior. He perceives the disorder, disturbance and death as coming form the opposite thus sets out to conquer and corrupt the opposite. He is driven by fear and his basic motive is to protect life and have life. Thus he develops weapons primarily for self protection, but his ignorant self manifest as conquering motive and corruption leading to upsetting of the balance, creating disorder destruction. He breaks the Mother of all Laws by his ignorance and calls upon himself death.

2] Spirituality is a second path that is opposite to intellect and materialistic path. It is awakened by the disturbance, disorder created by the intellectual path leading the whole to death. It is positive and emerges as resisting and balancing factor. Human quest for spirituality is also is triggered by his quest to know himself and nature. Spirituality is real, superior and is the foundation on which nature exist. Science has proved that energy and mass are the same. Mass/matter is simply encapsulated form of energy or spirit. What this means life and all organic matter and material matter has its origin from one source, the Spirit or Energy. However, today humanity is caught in the material vortex. The modern, money and power oriented culture, lack of order and justice, the excessive competition has led to a limit, making individual and collective mind restless. Our media has an important role in this. They feed the unreal into the young and growing minds. The young minds when faced with reality turns restless and disoriented, thus breeding increased violence and destruction.

Mind when it is disoriented seeks some orientation. The revival of spirituality has its root in this natural evolutionary trend or the instinct of the system to survive. In fact the break down and disorientation of mind of humanity could be traced to break down of foundation of science and defeat of Einstein in the battle of Copenhagen. Since then our growth has no direction and control and has become random and disoriented. The disoriented mind disturbs the flow of energy in living system leading to the development of heat in the body, mind, soul and it inches to death.

The instability of the mind is contributed by the modern world. It is apparent that at some it point should lead to collapse. The survival instinct forces a turn around. Such turnaround and fall occurs invariably under the banner of a religion and the mind and intellect becomes submissive to it. Faith calls upon us to submit our intellect to consciousness in order to find order through the Higher Intellect. When a mind/intellect submits to this consciousness, it unites with the Universal Consciousness that gives Life. This feeling is unique a person one who stands on the other side of the river will never will be able understand it. Since his transformation happens under the belt of one or the other religion his mind and intellect now becomes subservient to religious force. The world divided on many religions automatically Get Warriors to fight for their religion and enforce it on others

We human seek God when we are disturbed and there is always an intent behind our quest. In the famous Vedic teaching, the teacher teaches the student the art of liberating mind to seek Truth. The teacher leads the student till the seventeenth step but leaves the student to tap and open the last door. Every one who taps the door and opens it utters “This is Not”. It clearly tells us that every human fails at the last door step, for all humans approaches the God with intent. The Vedic and other ancient religious scriptures tell us that God Himself enacts from time to time to lead Humanity in the right direction and perpetuates His Creation.

What most religious groups have failed to understand is that the Universal Consciousness is only the feminine face, there is masculine face called Intelligence or the Intellect of God, which Creates, give life and actually controls the whole thing. The completeness of the spirituality and its initialization occurs only when one transforms through the Intellect or intelligence of the Creator. Here the man made barriers of religion breaks and all the darkness vanishes and light and pure knowledge, the knowledge of interrelationship and oneness emerges.

This knowledge of the Divine cannot come to any one who approaches Truth through his intellect and its five manifested senses. It also will not be opened to any one who approaches it with intent. Author was a non-believer; he took to research with a consciousness hoping to contribute something to humanity as he lives his life. Confronted by a choice, his mind revolted than submitting his Consciousness and bowing his intellect to darkness clothed in white. Author chose to sacrifice his dream of an academic career, freed himself to be a small farmer living one with nature. Here he pursued Truth without intent through his intellect. Truth was so near yet so far. Eventually in a Golden moment author submitted, his intellect unconditionally to the Higher Intellect or Intelligence Guiding Nature. In that moment not only author experienced the Love of the Universal Consciousness, but was shown the Simple Design and Principle working behind the complex world. This revelation was also accompanied by duty to be a warrior fighting for Light and defending it. Not as a support of any religion but to break and cause its unity before the inevitable Time Change happens. Author could perceive immense Love of the Father the Creator in the simple revelation of interrelationship and oneness. The realization of interrelationship and oneness is the only way out of the impending danger of self destruction to which humanity is tending in the name of God.

The Divine Secret which the author also calls as the Quantum Secret is explored in depth in his site

The site speaks of the fundamental design and principle by which a quantum particle exist, how they go to form various quantum systems [matter particle], how matter particle shows creativity to form organic and inorganic compounds, how life is formed from these particle, how human being is different from plant and animal kingdom, how the qualitative diversity exist and so on. In fact it answerers all the fundamental questions of science and spirituality and takes our understanding of nature to higher level of unity and oneness. It gives a new plat form and orientation to human mind. The new orientation is the opposite of what the divisive approach that western civilization contributed to the world. It is kept as humble challenge to the temples of Science and Religions.

Important conclusion that the site makes is that, time and its cycle is inevitable. The time associated with the universal system collapses and initializes to go in cyclic manner. [Quantum Wave Collapse]. We are going through a phase of such collapse and initialization. This is very much predicted in most ancient knowledge systems. [ Veda, Bible, Mayan culture]. Mayan’s, who are time keepers of the world, have predicted it to be 2012. This means, the years ahead could be highly destructive if humanity does not awaken to the inter relationship and oneness. Nothing can stop the collapse. The Bible truly compares it to pains of mother bleeding in order to give Birth. The blood shed, the disturbed state of earth, sun, solar system, the distant space, Global warming and increased natural catastrophes Etc., are sure signs and a call to for humanity to awaken to the Truth of Nature and its Oneness

This press release is released with the best interest of bringing awareness of interrelationship and oneness of nature to cause awakening of human consciousness and intelligence such that awakened individual and the society takes guard of his abode. The media is humbly requested to take the matter to the world for evaluation.

Florida Property Division – Who Gets What?

Marital assets and debts must be listed in your divorce Financial Affidavit or Marital Settlement Agreement. Even for uncontested divorces when the property is not already divided or if you own real estate, you need to identify all the assets and debts each of you have, the values, and who gets each one after the divorce. You have to do the same in a contested divorce.

The most efficient way to divide your property is to create a list with all your property and debts. Make columns for the assets name or description, current value, debt, who the debt is with (the creditor), which of you owns the property or whether it is jointly owned and who will get it after the divorce.

Remember that the general rule for property division is a 50/50 split. Also keep in mind that retirement benefits other than IRAs will require a Qualified Domestic Relations Order (QDRO) to divide the account. Since QDROs are complicated and require hiring an expert to write, most people find it more practical to “trade” other property worth half of the retirement account to avoid the whole QDRO issue.

If your case goes to trial, Florida Statute 61.075 directs the judge to consider these factors in deciding what is “equitable” or fair when making the division for you:

  1. Contribution to marriage by each spouse, including homemaking
  2. Economic circumstances of parties
  3. Duration of marriage
  4. Interruption in career or education of either spouse
  5. Contribution to career or education of one spouse by the other spouse
  6. Keeping an income-producing asset intact & free from interference, like a family business run primarily by one spouse
  7. Each spouse’s contribution to acquisition, enhancement, production of income, assets, and/or liabilities
  8. Whether it is in minor child’s best interest to keep the marital home until child turns 18 & if financially feasible
  9. Intentional dissipation, waste, depletion, or destruction of marital assets after or within a 2 year period before filing Petition
  10. Any other factor necessary to do equity and justice between the parties

As you can see from this list, there is no way to determine what a judge will decide based on these factors. Since you can make any property division the two of you agree on, it is best to make a written agreement to divide your property rather than allowing the judge to decide. The chart will help you by giving you the total of all your assets and debts.

If you are representing yourself and have issues like co-mingling or non-marital property used during the marriage, one option is to consult a financial expert to help you with the property division. A Certified Public Accountant with either the Certified Financial Planner designation or one who is a Certified Divorce Financial Analyst has the knowledge to help you. Both of you can be clients of a CPA. Your second option is to hire a Florida family law attorney only for consultation and to review your chart and the agreement. The attorney can only have one of you as a client.

It is possible to represent yourself in a Florida divorce, but you need to know your rights, how to use the Family Law forms and the court process. Before you sign any agreements, be educated about your rights and the procedures in Florida divorces.

Styles and Strategies of Policing

Community policing conveys an array of expectations relating to the law enforcement departments of our society. These expected responses actually depend upon how we as individuals and groups view the roles set aside for the police within the confines of our system. If we exist within a center city atmosphere than our beliefs and observations are understandable different then those people who reside in a rural environment. It only stands to reason that when the officer’s understanding of their role and the citizen’s perception of that role are in conflict that problem often arise.

Not everyone perceives the officer’s role equally however these roles can be broken down into several diverse divisions. On the one hand we have those citizens who view the law enforcement personnel as community leaders devoted to public safety. They are afforded as a group the option of a broad discretion in the manner in which they conduct themselves and perform their job. Then you have some people who view the peace officers as a psychological crutch to provide resolutions on a short term basis. Lastly, you have a number of people who know the risks associated with the profession and appreciate their service within hostile environments.

Throughout the discussion we must continually keep in mind the aspects for which police work entails, such as rapid ability to make split instant decisions, the ability to work as an independent entity, and accomplishing the dangerous work which they do for the benefit of society as a whole.

Once the officer has completed his training and has been released in the field he often develops his own brand of operational style. During his study of eight different police departments there were three specific styles identified by James Q. Wilson in 1968. They were the Legalistic, Watchman and the Service style. The various typology associated with these three styles are just as useful today as it was when the styles were initially defined. I will attempt to compare the three styles in order to qualify one as more important then another.

Let’s briefly identify the first style offered by Wilson as the Legalistic style. This is the most typical of all for it concentrates upon the acts associated with violations of the law. Its principle tools lie in the use of threats and the ultimate act of arrest in order to resolve disputes between individuals. The legalistic style officer is commitment to following the letter of the law and often views his arrests as a focus upon community safety. This style is recurrently found within large metropolitan areas.

The watchman style relies upon the informal methods to resolve disputes and is frequently found within the poorer communities. This style is dominated by informal police interventions which use methods such as persuasion or threats rather than the usual arrest. These areas are powder kegs ready to blow up so the officers must use caution since their number one priority is to maintaining public order.

Lastly, we have the service where the emphasis is usually placed upon the community as opposed to law enforcement. The service style is intended upon helping the community in a close hand in hand effort complimented by working closely with the local social service agencies. These officers usual prefer to use a referral rather than to arrest the offenders or initiate formal court actions. The service style is prominently found in the more wealthy communities.

We can not say with any certainty that each officer selects one or the other of these styles since each would react differently according to the situation but rather they tend to develop a delicate balance composed of a little of each. I personally feel that there is no specific style that is better then the others. The legalistic approach would best serve the community in general. Rules are rules and the law should be obeyed. If minor infringements are continually overlooked then we may as well not have the law on the books at all. However, we must tamper our zealousness with compassion and attempt to place those individuals who desire help to the proper authorities for disposition therefore a measure of service must be included as well.

In view of the terrorist threat which continually menaces our society since the destruction of the Twin Towers on 9-11, it is felt that certain concessions have taken place within these styles. The issue of terrorism is a fairly new subject in the field of criminal justice and has been initiated in a methodical manner into our police directive. With a disaster of that proportion it is inevitable that changes would necessarily take place. I feel the largest change has occurred within the confines of the Legalistic style officers. They have developed a more intense method of completing their patrols then they previously had employed. They now are aware that foreign as well as homegrown enemies are actively performing their trade within America’s boarders. By the use of systematic terrorist violence these people attempt to attain their political objective at the expense of innocent people while their actions are frequently intended to influence a specific audience. The patrols have gained a new insight and are now particularly vigil for suspicious individuals or property that could be the handiwork of terrorist agents. They respond in a quicker but safer manner to alarm activations or reports of unusual activities.

Their coordination with their homeland security counterparts has increased greatly. They now freely exchange information as they work closely within a joint effort of law enforcement. Aggressive patrol has been increasing within the field while some citizens still complain that the process is an inconvenience to them when random traffic stops are conducted. They often forget how the actions accomplished could perhaps save their lives.

Although Wilson may have initially established the ramp for law enforcement styles he was quickly joined by people such as John Broderick with his four versions of the police community with William Muir and his input to the topic close behind. There is never a shortage of categories to place our law enforcer’s into. I suppose the ultimate definition would be how the officers themselves would define their style of policing.

Copyright @2010 Joseph Parish