Happy ,Healthy and Prosperous New Year to All!

With the year rapidly coming to a close, I wanted to send special thanks to my readers, friends, customers and colleagues.
Remember, life is short so live it to the fullest !
Second chances, redemption and forgiveness should never be forgotten!

Happy New Year.

Knicks Basketball; Look I Know It's Only One Game, But a Helluva Opener it Was!

Go New York! Go New York ...Go New York , go! Woo hoo..Christmas Day, first NBA game on the slate, newly renovated Madison Square Garden and the Celts are in town against Stoudemire, "Melo" , Chandler and Company. Yes , the same Celts(a little bit older) who beat the Knicks 8 out of 8 last year and I believe they have stomped the Knicks 20 out of the last 22.
So when the Knicks blew a 17 point lead yesterday I was like "here we go again" . After watching the first two games of last years playoffs and the first half yesterday, I knew the Knicks could play with the Celts, but did they know how to put them away? That was the question in everyone's mind .
Well you know what? We got our answer yesterday . They could indeed play with
Garnett and Company", and yes in a close game they did get the "W"! The place was rocking like old times.
So many positive things can be taken from yesterday's matchup....Yes, you'll have to excuse me...I know it was just one game! Sixty five more to go.

Holiday Time!

I've had the good fortune of having a second career in funding after trying cases for 20 years. I'm now completing my "7th funding season" . Without hesitation I wanted to state "I could not have done it without you"!
Happy Hannukah, Merry Christmas and a Happy and Healthy New Year !
THANK YOU!

Joe Arpaio, Maricopa County Sheriff, You Have No Business Acting as a Sheriff in a Position of Public Trust!

Let me try to understand this. And I'll start off and tell you I'm not a saint, don't profess to be one . But I actually learned from my parents respect, decency, caring, sharing, understanding and I know it's hard to believe... sensitivity .
So when I hear that a U.S. Justice Department report found widespread civil rights abuses of Latinos by Arpaio and his department , I instantly started fuming! This report reminds me of the Justice Department's investigation and findings of the widespread abuses and crimes by the Puerto Rican Police Force not too long ago. Except these abuses are happening on the 'mainland".
And to fully grasp the import of this whole culture and way of life , the abusers are members of perhaps the most powerful law enforcement unit in the State of Arizona. Scary! How high up does it go ?
To me , with the current leadership in place it appears almost impossible to believe that this "Department " can be turned around. The culture, prejudice and abuses are too deep-rooted.
Therefore , the solution must start from the top....Arpaio must go!
Your thoughts?

Barry Bonds, So What Did That "Whole Scorching of the Earth " Accomplish ?

Tens of millions of dollars spent , astronomical efforts by prosecutors and defense attorneys alike, millions in legal fees, Bonds' trainer in and out of jail, Bonds' Hall of Fame chances possibly destroyed, countless hours logged by the trial Judge, Appellate Court and a lengthy trial.
And all for what? A minor conviction on the Obstruction of Justice charge , 30 day home confinement , community service and a fine . And add in a sympathetic trial judge. That's what happens when the Government "sticks its big nose " into a "baseball matter " !
And you know what ? It's not over . Bonds' still looking to wipe the slate clean on appeal. Another year and a half! More media coverage....
Happy holidays to all involved in the BALCO Fiasco!

Iraqi War Officially Over, We Had No Right Being There in the First Place!

Man, there is nobody I have more respect for than the "Armed Forces ". Bravest men and woman on the planet . The sacrifices, dedication , fortitude and stress is unparalelled in our society. Bombs, artillery, snipers, ambushes, land mines, car bombs....All for what ? Well first of all so the world can be made a safer place for us . Of course there are many side themes to this motto.
So what did 9 years in Iraq accomplish? The end of Sadam Hussein , some temporary stability in the Country and region, and OIL! The casualties were astronomic and gut wrenching .Young men and woman maimed for life .
At the end of the day , we had no business being there . A whole generation of suffering for our warriors. Billions spent while millions in our country are not eating properly . And unfortunately, with all the internal strife there , things will slowly revert to fighting between clans and tribes and national conflict .
Nothing more to say except God Bless our troops and their families. Thank you!

MF Global, Corzine....We Have No Idea Where a BILLION Dollars of Missing Money Is!

MF Global is becoming more of an embarrassment each passing day . First a half a billion dollars of missing money . Now a billion , and no one including Jon Corzine, knows where it is . Laughable! To add insult to injury , the firm allegedly( out of sheer desperation) borrowed client funds from customer accounts(a huge no, no) and then subsequently declared bankruptcy, effectively fu__ing all their customers again. Still, no criminal charges.
Then , this past week Mr. Corzine appears in front of Congress, doesn't invoke the 5th Amendment and is treated with "kid gloves ". Don't make me gag! Am I the only one seeing this for what it really is? The firm at Corzine's direction took wildly risky positions on European debt . They lost their shirt, took money from clients in a desperate attempt to save their asses and then lo and behold declare bankruptcy. Their attitude is "these things happen on Wall Street ". That's bullshit! This conduct is totally unacceptable and the culpaility of MF Global starts at the top.
I'm still in utter disbelief that one simple , little, tiny tiny question hasn't been answered yet...Who gave the order to use their client's funds for company use ? Let's start there .
This has been Wall Street analyst Steve Goldman reporting.

Blagojevich Gets 14 Years, Raj Rajatnaram only 11, Who is Really Worse in the Eyes of the Law?

So the gavel of justice came banging down hard on the former Governor yesterday . Despite open remorse and acceptance of full responsibility by "Blags", the Presiding Federal Court Judge handed down a stern sentence of 14 years. As reported, he will have to do probably close to 12 years. Not going to be easy for a 55 year old former politician.
So reading about his sentence in the Times this morning got me thinking . Raj R , the former hedge fund manager a short while back received a sentence of 11 years . Raj allegedly earned $60 million in illegal profits arising from the illegal inside information he received and traded on .
So after looking at the totality of circumstances , which convicted individual warranted a stiffer sentence? Both were crimes of greed, ego and power. Both involved powerful, influential men . You could argue both were victimless crimes. Although Blags' crime involved the breach of public trust of a high ranking elected official and Raj's crime involved his utilizing illegal information which compromised the very fabric of the financial markets .
At the end of the day, in my opinion, Raj's crime was pure greed . But Blags' was more than that. If all evidence was to be believed he actually was trying to auction a United States Senate seat. Doesn't happen very often , and a message was sent out during sentencing that it should never ,ever happen again ! Sentence actually could have been worse.
After closely following these two cases, I have to continue to ask myself , what were you two guys thinking ? Hey, maybe they'll wind up as roommates.
This has been political analyst Steve Goldman reporting.

Ron Santo Finally Inducted into Hall of Fame, Excellent Player, Brave Man, Great Baseball Enthusiast...But Did His Numbers Warrant Hall of Fame?

Big baseball news ! Ron Santo finally inducted into the Hall of Fame a year after his passing. Santo was a nine time all-star, won Gold Gloves, hit over 300 homers , 1300 RBIs, .277 career average, 40 year career as Cubs announcer...and a tireless advocate for a cure for diabetes. You will never find a braver , stronger, more upbeat person...Especially in light of his bi-lateral leg amputations resulting from diabetic complications . He never openly felt sorry for himself! Let that be a huge life lesson for all of us.
His offensive numbers were a little better than Brooks Robinson's... Brooks, "The Human Vacuum Cleaner ", was inducted on the strength of his unbelievable defensive play . Superior to Santo in that respect .
So while Santo was an all-star and an unbelievably great human being.....Did his numbers actually warrant the Hall of Fame?
Your thoughts?

I Don't Know About You, But I Was Happy to See Tiger Woods Win a Tournament in Dramatic Fashion Yesterday!

Let me ask you a question, did you like, admire and respect Tiger Woods BEFORE his personal and professional lives went into a freefall 2 years ago? Most people did. Most sports fans did. Most sponsors did. Apparently, many woman did too!
Tiger Woods , like many a megastar could not resist the temptations out there , got caught(maybe he wanted to) and pretty much destroyed his family , his reputation and his golf game. He made the same mistake that millions make every year worldwide. And you know what, he has paid for it in more ways than one . The great one took two long years to get his personal life together and basically started over professionally from "soup to nuts ".
So Sunday when he birdied the 17th and 18th holes to win his own tournament in dramatic fashion, it was like happy days are here again . I was very happy for the man , who has earned the title " one of the greatest golfers ever"!
We can only hope that he's back and can give us another major championship, or maybe two, three or four.. Watch out Jack!

Four Republican Candidates on the Stump, Four Republican Candidates, One Falls Down Lands on the Ground...Three Rublican Candidates on the Stump......

Well the inevitable has occurred ! Herman Cain's campaign , which has been rapidly deteriorating for months over past sexual harassment allegations and most recently an affair, is officially over . Cain announced his campaign for Presidency is history . It boggles my mind to think that Cain's people either didn't know about these "issues ", didn't think they would come out or thought that he could over-"come " them, keeping in mind that Presidential candidate's pasts are looked at with high-powered microscopes.
So that leaves three Republican candidates ;Who will implode next ? "Right wing Rick" (Perry) with his refusal to recognize the Constitution's "Separation of Church and State " ,has been sinking slowly and I believe he will be the next to go. "Crazy Newt " will say or do something very soon I'm sure, which will convince any American that he is totally unfit to be President.
So Mitt Romney will get the nod . Unfortunately for the Republicans, unemployment is down, The Dow Jones is back over 12,000, we're pulling out of Iraq and Obama(while not out of the woods yet) has mobilized what I believe to be sufficent support and dollars to sneak in for a second term.
Hey Republicans, if you really become desperate there is always Ms.Palin!

This has been political analyst Steve Goldman reporting.

Penn State, Syracuse ; Are Big Universities Operating Within 'Their Own Legal System" ?

To me , one of the most troubling revelations that has come out of the " Sandusky " and "Bernie Fine " debacles is that big Universities regularly act as if they are above and beyond the law. Power, prestige, money , national success or "we will deal with our own dirty laundry " do not allow you to take allegations of serious crimes into your own hands . Once private citizens start taking the law into their own hands, the very fabric of a civilized society starts to shred and acrimony takes over. No excuses for that! Ever, ever, ever!
So now that we've heard of Penn State's and Syracuse's "lame attempts " to conduct "the old internal investigation " of allegations that their coaches were molesting boys, you realize that this practice is probably common in the world of big time college sports .(Did someone say sweeping things under the rug?) As we have known forever , powerhouse college sports programs and athletic departments operate in their own little world because they are "cash cows". The only time there is any accountability is when the NCAA catches them on a recruiting violation and all hell breaks loose.
In my opinion, the NCAA and all colleges and Universities must immediately start working on the implementation of guidelines laying out what must be done when allegations of "sexual misconduct " are made. No ifs, ands or buts...Law enforcement gets notified .
No more protecting a fu__in football program when kids' well-being is at stake.
This is wrong ! The whole culture must be rethought! Your comments?

Wild Gains in the Market Yesterday.....All it Takes is a Little Good News!

Wowee! I check in yesterday at about 10:00 to see what's up with the market. Lo and behold the Dow is up 400 points . I thought it was a mistake . As we learned, proposed actions by the Central Banks fueled the craze. Hey, in this volatile economic atmosphere it only takes a little good news to get investors heart's collectively pumping.
The Dow held strong the rest of the day and even climbed over 12,000. Lots of drinks were being hoisted last night....and rightfully so.
The concern as always , is that one little blip of bad news coming out of Europe can wipe out all the gains in one fell swoop.
Hey, another day of stress and prayer on Wall Street today . Can we, maybe, could we...[nah] possibly get back to 13,000?
Reporting, market analyst Steve Goldman.

Man O Man ; Jim Boeheim Now in the Hot Seat !

Will the Syracuse "sex scandal " reach the frenzied pitch of Penn State's ? Probably not ! While we haven't seen or heard the full extent of the allegations against Bernie Fine, the Penn State case has one element that Syracuse's scandal hasn't yet produced; Multiple eyewitnesses to the alleged sexual attacks of boys by Jerry Sandusky. Albeit, the Syracuse scandal now has the "ESPN Audiotape ".
While the Penn State allegations and accounts are more graphic and detailed, the realization that the problem may very well be endemic in collegiate sports(rather than first believed to be confined to the Penn State campus) could be the bigger story.
There are a lot of similarities to the 2 scandals. Both big time sports programs . Both individuals accused are long time successful , trusted lieutenants of iconic head coaches. Both schools and their head coaches maintain storied national reputations. It goes on and on .
At the end of the day, Paterno didn't survive . And as the band , The Clash sang, " will Boeheim stay or will he go now....."? Your thoughts ?

Syracuse Coach Accused of Sexual Molestation, Is This a Real Case or Copycat ? Lot of Tough Issues Raised?

Wow, now long-time Syracuse men's basketball assistant,Bernard Fine is accused of sexually molesting at least 3 boys formerly associated with the men's basketball team. Lot of information coming out awful quickly . Fine was fired yesterday by the University , I believe in the wake of the contents of the tape given to ESPN . ESPN apparently had a voice expert confirm that the female voice was in fact Bernard Fine's wife . As I understand it, plenty of damaging things on the tape. Coach Boeheim stood by the firing and apologized for his earlier(knee jerk) support for his long time assistant.
So is this a real case? Is it a copycat case of the Penn State scandal ? Are the allegations supportable or is it a "get rich quick " scheme ? Do you believe the accuser , who is being accused himself of sexual assault ? What is the extent of the University's knowledge of the alleged deviant behavior ?
How extensive is this problem nationwide ? Do deviant coaches and athletic personnel choose their jobs for this opportunity or does the behavior develop after being around young men each and every day? Or a combination thereof ? Lot of questions.
One thing is for sure...I do not think we have heard the last of these allegations .Legitimate or contrived, many more will surface. As they say, this may very well be the tip of the iceberg !
These stories could actually dwarf the recruiting scandals we have seen and heard about for the last 40 years....Stay tuned.
Reporting, sports analyst ,Steven Goldman.

NBA Labor Battle; Ding Dong the Witch is Dead...NBA Hoops is Back!

What an utter and complete waste of time ! One hundred and fifty days of bullshit and after all the meaningless posturing, the two sides settled things after a marathon negotiating session on terms I believe the parties could have agreed upon 5 months ago. Things only got settled because paychecks were being missed and a "real NBA season " was actually in jeopardy .
If you ask me (keep in mind I'm a huge NBA fan), the entire process was a farce....it felt almost like a script which had to play out before the matter could be resolved. So we'll have 66 games, an All Star Weekend, full playoffs and fans after letting off some steam will probably " forgive and forget " very quickly.....Assuming a good , competitive product is put out on the floor.
In any event I'm excited and ready for "pro hoops "! Kobe, Carmelo, Amare , Dwight, Lebron, Wade and Dirk. Great expectations.
A quick word of advice to players and teams . Perfect way to get back in the good graces of the fans is to run some "giveaways " . Free sodas, buy one hot dog get one free, half-priced parking, lowering ticket prices for some home games, etc. These giveaways don't have to be "big ticket items " .
Remember it's the thought that counts . Don't forget the fans!

Tiger Woods...It's Comeback Time!

America is the "land of comebacks"! Let enough time pass, keep your nose clean and stick to something you do well...And aha ! You have a comeback in the making . Marv Albert did it, Former President Bill Clinton did it, Michael Milliken did it and to a lesser extent Elliot Spitzer did it. Well, now it's Tiger's turn.
Two years have passed since that bizarre Thanksgiving weekend in 2009 . Almost every major sponsor dropped him. Costly divorce . Public humiliation. Fired his long-time caddie. Sexual counseling. Family broken up and for the first time in many, many years he fell outside the top 50 golfers in the world.(I did neglect to mention he's still worth over $100 million, has the second most major titles in golf history and has a "black book " that most guys would kill for).
So how does the comeback play out? Well his game is slowly , but surely improving . He recently helped the U.S. win the Presidential Cup . In today's New York Times it was reported that he signed sponsorship deals with Rolex and a sports nutrition company(He took a stock position).
Well, what more? He has to continue to practice, play, work out and live clean. Most importantly, he must realize and accept that this will probably be his last legitimate run at winning more major titles. Come January he wins a tournament . Another in February and a third in March.
The storybook comeback then climaxes with a victory at the Masters in April. The sponsors line up to bring him on board . He's on the cover of every major newspaper and magazine in America
......................and appears on Letterman . Ah, on top(I heard he likes it that way) again. But remember, he has to do one little thing to make it all work.....Win, win, win!

Joseph Bruno; Corruption Convictions Tossed Out...Here We Go Again!

Joseph Bruno got an early Thanksgiving gift...yes, the Second Circuit Court of Appeals tossed out his conviction on two counts. As expected, following US vs. Skilling , the Circuit Court vacated the convictions " for theft of honest services ".
Mr. Bruno's good fortune will be short lived though; The US Attorneys Office will seek to reconvene a Grand Jury as soon as possible. I believe it will be tougher the second time around to convict.
In the meantime...Gobble, gobble, gobble!

Tis the Season for Funding !

Well Thanksgiving is here and Christmas and Hannukah are just around the corner .Traditionally, November and December are spectacular months in the personal injury world . Cases settling year end like there is no tommorrow ! Carriers looking to settle anything and everything...good, bad or indifferent. It can truly be exhilarating , All the blood, sweat and tears and summary judgment motions and lo and behold carriers then become obsessed with clearing out inventory. Good luck and make some money .
November and December also happen to be the 2 busiest funding months of the year. Every client wants and needs money for the holidays. The calls, faxes ,texts and emails don't stop until attorneys start going away to warm places after Christmas Day.
This will be my seventh "holiday season " as a funder and I pride myself on being available 24/7 to service client and attorney funding needs. Like that old commercial which stated ," we will sell no wine before its time", I will leave no funding request unsatisfied during the holiday season.
My application is available in "word".
Happy turkey to all!

NBA Players and Owners; You Nitwits, You're killing the "Golden Goose '....Yes, the Fans!

When the labor dispute started , I was firmly in the camp of the players . But as the "soap opera " continues (Days of Our Dunks) , it is clear neither side cares about us the fans. Greed, greed and more greed! Losing sight of the big picture.
Forgetting how great things are and can be . Is it worth alienating the fan base and jeopardizing 60 years of building and development. Let's not forget what the business side of the NBA was "pre-Larry and Magic . Totally different fu_in world. All the good will is vanishing and will continue to dissipate . For what?
So a word of caution to the players and owners.....Before you scrap this season, think long and hard about the downside(not the upside) and how the greatest game on earth may never be the same again !
You're doing it to yourselves.
P.S. Have fun in Federal Court.

Penn State Student Body; Nice Job Saturday!

With all the craziness, uncertainty, emotion, shock and horror of this past week, the Penn State student body was awesome this weekend . The peaceful vigils, calm, reflection and support for their excellent University took "front and center " , while the violence , anger and protest took a back seat.
While the healing process will start now for the school, the administration must " officially clean house in the football program " and start a new, fresh era without any connections to the old. That way there will never, ever be any questions about so and so's connection to this tragedy. The Paterno Era sadly is over.
As victims come forward, they too will have to be counseled , assisted and watched . Only time will tell there . Not going to be easy.
By the way , Penn State lost Saturday to Nebraska. Big fu_in deal! You know what at the end of the day, it's only a game . You heard what I said, at the end of the day it's only a game !
Maybe that is one of the lessons that will come out of this painful ordeal.

Penn St. Sex Scandal; The Immediate Concern is Can the University Ensure the Safety of All Attending the Game Saturday ?

The " Penn State Scandal " has taken on a life of it's own. Story breaks, arrests, Paterno and the University President fired, campus unrest, "Paterno Demonstrations" , new rumors surfacing and more! All the other breaking stories seem trivial in light of this story. Wall Street, the European crisis, "Occupy Wall Street ", Herman Cain , etc.....Who cares ? All people are talking about is the "Penn St. Story ". Not since the "OJ Simpson chase " which pre-empted game 6 of the Knicks-Rockets NBA Championship series 17 years ago has a single story so captivated an entire nation !
And why ? The horrific, unthinkable nature of the allegations ?Big time college sports . Joe Paterno , the legend , and his beloved Nittany Lions ? The coverup , or simply the cumulative effect of all of the above? Mark my words...This story will be front page news for the next year.
Which brings us to Saturday's football game at Penn St; Penn St. vs. Nebraska. The final home game for the seniors. Bowl Game at stake . The first game in over 40 years where Joe Paterno has not been the head coach in "Happy Valley". Wow!
The real issue with all the raw emotion percolating around out there is will the players, fans and media be safe ? We all truly hope so and want to believe that cooler heads will prevail, but will they? We've seen demonstrations up there over the last 48 hours, albeit not all 1000 % peaceful. Can the campus police, local law enforcement and if necessary the State National Guard peacefully control and protect 80,000-100,000 people ? Excellent question. None of us know the answer.
So Penn St., carefully monitor the situation between now and Saturday. Make safety, safety, safety your number one concern .And if there are genuine safety concerns, listen to your experts and remember this is still only a game . Do not make another major mistake which could put students and others in harms way. To the student body......Enjoy the game . Remember . Peace, calm, contol.

Penn State ; Deja Vu....Haven't We Seen This Scenario Someplace Else?

Holy shit! What has gone on at Penn State for the last 15 years under the watchful eye of Joe Paterno , the Football Program, the Athletic Director and the Athletic Department, the janitorial staff, the Campus Police, security, assistant coaches, volunteers, players, local law enforcement, administrators and high-level University officials is so mind boggling, so hard to believe and so "gut wrenching " that it almost defies belief .
Just think about it. If any individual (out of a group of probably 100) had come forward, complained , stopped the encounters or simply went public at any time over the past 15 years it would have been " ballgame over for Jerry Sandusky " . Instead this serial pedophile was allowed to lurk in the showers at Penn State, at the practice facilities, on roadtrips at team hotels and God only knows where else sexually preying upon and assaulting young boys from his "Second Mile " organization . Does it get fu_in worse than this ?
Which leads me to my next question...How many people really knew about this dark, perverse secret playing out at this top University in "Happy Valley "? "Happy " for Jerry Sandusky maybe.
This scenario,of turning a blind eye, etc is eerily reminiscent of the Catholic Church's sex scandal. All about opportunity, lack of accountability , coverup and lack of guts . Perfect recipe for Jerry Sandusky .
At the end of the day , this scandal will shake Penn State to it's core. No one whose inaction contributed to prolonging Sandusky's ability to prey on young boys at the Penn State campus will escape punishment . Hopefully, a protocol will be developed to prevent this from ever happening again.
And Penn State , get ready to pay out a couple hundred million dollars to the victims! Only time will tell how many were actually involved. This nightmare is far from over.

Smokin Joe Frazier; Never, Ever, Did a Tougher, More Courageous Man Step Into the Ring!

Joe Frazier passed away yesterday at age 67. Joe was a titan , a "man's man" , whose gladiator type fights against Ali will never be forgotten . His fights against Ali were the epitome of the term "classic". Ali-Frazier fights were part of my childhood . I remember the first and third fights vividly. Ali's , grace, speed, footwork. Frazier's relentlessness . He kept coming and coming and coming. Sometimes took up to 5 blows to land one . Took tremendous punishment but dished out debilitating shots to the body and head. Vicious left hook ...Body blows that could and did finish off top fighters(Jerry Quarry for one).
The first Ali fight in March of 1971 at Madison Square Garden was billed and lived up to it's billing as "The Fight of the Century ". I was 11 then and a huge Ali fan . My dad took me to Gallaghers Steak House for dinner. "The Astronauts " showed up for dinner there. Surreal! Afterwards we watched the fight on closed circuit tv. I was devastated when Frazier knocked Ali down in the 15th and got the decision. Years later I accepted the fact that Frazier won that fight. Busier fighter, more aggressive, ...Ali did too much dancing, not enough fighting. Ali won the rematch in New York in 1974.
Which brings us to the rematch in 1976. "The Thrilla in Manilla " . I recall loading into my friend's trunk of his car with 3 or 4 other guys, to sneak in and watch the fight on closed circuit tv at the Livingston Drive-In Theater. Unbelievable night, unbelievable fight. Ali TKO. Ali said it was his toughest fight ever. Fight took a lot out of each fighter who each truly disliked the other at that time.
The rest of Joe's life was a mixture of ups and downs . Professionally, personally and financially.

But he'll always be remembered and admired. He had the heart of a lion. Never backed down, feared no one, never gave less than 1000 percent and never, I mean never quit.
I will always remember him with respect and pride. And when I think about him a smile will always come to my face as I'm recalling the pure grit, guts and determination he brought to the ring.
God bless you Joe Frazier.

Chilean Miner; What a Difference a Year Makes!

Edison Pena, the Chilean miner trapped under ground for two months in 2010, captivated the world when we learned he ran 3-6 miles a day during the period he was trapped. He was invited (and finished) to run in last year's New York City Marathon. He made rounds on the talk show circuit and was seen"around the world".
The past year though has not been all "peaches and cream " for Mr. Pena . Drug and alcohol problems plagued him. He checked himself into a psychiatric hospital to deal with his issues. And on top of all this he has been suffering through pain in his knees. Tough stuff!
But he has persevered and will be running this year's marathon. Good for you.
Remember Edison....One day at a time .

Corzine, Once Upon a Time a Wall Street Titan, U.S. Senator, Governor and Now Scrambling for His "Professional Life ".

Jon S. Corzine . Worth an estimated half a billion dollars. Former U.S. Senator. Former N.J. Governor. But will he be remembered for his extraordinary personal, financial and political accomplishments? Probably not. Corzine has his ass in a sling with the whole MF Global mess.
Facing Bankruptcy(MF Global), multiple Federal investigations, civil liability , irreparable damage to reputation and yes maybe even criminal issues(He has hired criminal counsel). As Stanley Laurel once said "it's a fine mess you got me into Olly"! And that says it all .
Jon you could have been traveling, writing, enjoying quality time with your wife, teaching, exercising or doing philanthropic work. God only knows you don't need the cash. But nooooooooooo, you couldn't resist "the great Charley Brown comeback ".
This reminds me of Muhammed Ali, Joe Frazier, Thomas Hearns, Sugar Ray Leonard, "Macho Camacho " and so many others.
Those who can't hang up their trunks until it's too late usually end of getting hurt.
It's going to painful, messy, costly and at the end of the day many will suffer .
For now, you know what to do . Get the biggest, baddest, most influential army of lawyers on board as quickly as you can....Oh and make sure your "Directors and Officers" liability insurance policies were current.

Legal analyst Steve Goldman reporting.

Prosecutors Fresh Off Rajatnaram Conviction, Obtain Indictment of Gupta.

Riding the momentum of the convictions of Raj R, the Gofers , et al , the Government is now pursuing Rajat Gupta on insider trading charges . Gupta, a former Goldman, Sachs board member is charged with being "Raj R 's tipper ". He is the 56th person charged in the " insider trading investigation" .
I have not seen any proposed proofs that show Gupta benefitted (directly) financially by allegedly disclosing " non-public information " to Rajatnaram...."Directly" being the key word here . Was he merely securing or returning a favor ? It's much too early to prognosticate, but one thing that always makes me scratch my head and ask is why would Gupta expose himself in any shape, form or manner to criminal liability being a millionaire many, many times over ?

Expect a vigorous defense.

Your thoughts?

Elgin Baylor, Truly One of the Greatest of ALL-Time, Still Pursuing Discrimination Case Against Donald Sterling and The Los Angeles Clippers.

Elgin Baylor probably the first "high-flyer", superstar, Hall of Famer, scored 71 points in a regular season game and 61 points in a playoff game, is involved in a legal fight I don't think he can win. His discrimination case against the Clippers and Donald Sterling (one of the worst owners known to mankind) resulted in a defense verdict(jury) in March of this year.
He apparently won't let the case die and has hired top -shelf counsel to seek a new trial. Usually a long-shot at best. So why is Baylor pursuing the case? Because Sterling is a racist? Because he was treated unfairly ? Because he gave his heart and soul to the franchise that just discarded him? Pride ? He needs the money(I doubt it) ? Whatever the reason ,I hope he takes his " best shot " , win or lose and moves on .
He was a great player and a good executive...Still relatively young at 77...Had an amazing career[40 years].
Elgin my friend some advice. Live your life, move on and help put things in place that will protect the next " Elgin Baylor "! But, as Kenny Rogers once said ," You got to know when to hold em, and know when to fold em ".
You were the greatest!

Boston Red Sox ; Are We Talking Fried Chicken and Beer Because It Has No Place in Baseball, Or Because the Sox Collapsed?

Well the latest scandal to rock "Beantown " is none other than "Beer and Chickengate"! Been all over the sports airwaves, of course talk radio in Boston is eating and drinking it up. So here's the facts as I understand. Beckett and Lester on nights when they weren't pitching were actually eating fried chicken and drinking beer while the games were still in progress. Let's dissect this. Nothing wrong with eating fried chicken in the clubhouse or in the bullpen while the game is in progress, although if it was done in the bullpen it seems a bit tacky. Hey, Wade Boggs credits his eating chicken every single day helped get him to the Hall of Fame.
So now lets talk about the beer drinking . It's alcohol, it's professional sports, family entertainment, role models,etc ....and frankly alcohol and athletics are not good partners. Look stories have been told for decades of Mantle and Whitey Ford coming to games drunk , hungover or both. But let's call a spade a spade. Baseball is a passive game activity-wise, endurance-wise and energy-wise compared to football, basketball and hockey. Having said that I would hate to have to try to get out of the way of a "high hard one in a less than sober state . Oh but let me add, there were no allegations of being inebriated or playing while drinking.
So at the end of the day we have two of the best pitchers in baseball, playing for one of the best franchises in baseball , eating fried chicken and drinking beer during games on their days off . Bad manners yes . Unprofessional yes. Arrogant, yes. No way to behave as idolized professional athletes[role models], yes. Violating rules of MLB? Maybe.
But then again, I can guarantee you one thing. If the Red Sox had won the pennant, Lester and Beckett would have had fans lining up to deliver beer and fried chicken to them in the dugout . Maybe ribs too(lol). And remember the old adage..."Winning cures all of the world's ills". Collaspes in September do not. Your thoughts?

World Series; First Two Games, Great Pitching..Great Drama.

Well , it looks like we got ourselves a series . Tied at one a piece...Going back to Texas for game 3. I have to say, two classic pitching matchups. Fantastic comeback by Rangers last night !
So Saturday night we go to Texas and get to see George Bush every 5 minutes on tv stuffing his face , sitting next to the Great Nolan Ryan.(blowing his nose every 5 minutes).
And you know what? There is one very happy Secret Service detail who is having its collective arms twisted to attend the World Series.(lol).
Only in America!
Steve Goldman reporting.

NBA Talks; I Have No Sympathy For Either Side...But I Definitely Am Having Withdrawl Symptoms!

Well, finally there appears to be some meaningful NBA discussions taking place. Torture if you ask me. You won't get any sympathy votes here. The thing that really irks me is the way collective bargaining negotiations are handled. They wait till the last fu_in minute, make the fans suffer and then settle when they start experiencing life without a paycheck. The system is broken!
Anyway, I have a confession to make...Despite what I said earlier...With the Yanks on vacation, the Jets and Giants plodding along and a Cardinals-Rangers World Series...I'm bored.
I miss NBA hoops. I yearn for it. I need it. I want my mommy(lol)...
Settle the damn thing already.

Reporting NBA analyst Steve (mad-dog) Goldman.

Let's Try "Tag-team Wrestling; Harbaugh and Schwartz and Romney and Perry..!

Being emotional is good. Being "into it " is good. Being energetic and giving your all are also admirable traits. But losing control , and "getting in other people's space " is not cool and frankly is embarassing !
That's exactly what happened Sunday and again last night . Right after the 49ers beat Detroit , the combination of Harbaugh's gloating (slap on the butt) and Schwartz being an emotional loser...led to Schwartz " going after Harbaugh on national tv...creating a huge scrum of players, coaches and officials. Uglyyyyyyyyy. Not even Belichick and Rex Ryan behave that way.
Then last night Romney and Perry during the debate...dragged each other "under the bus " in not so "Presidential like conduct". Physical contact, personal attacks...Heat of the moment getting the better of both of them last night. Obama's camp probably was eating popcorn and cheering em on!
So this morning over coffee, I figured out a way to settle these situations , once and for all . Next Monday night , at halftime of Monday Night Football, we'll have a live tag-team wrestling match. Highest ratings in the history of sports..I promise! So here's the matchups..Harbaugh and Perry vs. Schwartz and Romney . Should be a doozy. Oh and I hate to kill you with this visual image, but "all participants " will be required to wear "sumo-wrestler gear". Yikes.
See you next Monday...And remember, no wedgies!

Kansas City Bishop Indicted....Prosecutors Should be Praised.

This past Friday a Grand Jury in Kansas City "handed up an indictment" of a Roman Catholic Bishop and the Diocese of Kansas City-St. Joseph . The Bishop Robert W. Finn was charged with a misdemeanor for his failure to report abuse within his Diocese. In essence he not only covered up for an active pedophile , but continued to allow the "predator priest" to interact (unrestricted) with children. I can't make up my mind whose actions are more despicable!
The important message of this story is that local prosecutors took the ballsy step of convening a Grand Jury and obtaining an indictment of a high- ranking Church Official whose blatant inaction allowed this pervasive behavior to exist. The indictment is stating loud and clear that neither the behavior nor "looking the other way " will be tolerated.
Maybe, just maybe, next time an acting Bishop will think twice before turning a blind eye to this type of deviant behavior. Your thoughts?

Alabama Deja Vu...Yes Demonstrations Again..This Time Over New Proposed Alabama Immigration Law!

Well it's not 1963 . And no Birmingham is not the "epicenter " of the Civil Rights demonstrations . But yes it is 2011 and Alabama is again the focus of marches and protests. This time over HB56( Alabama Immigration Law) and it's provisions dealing with proof of lawful residency in the U.S. , tracking of immigration information about newly enrolled students, immigration status checks during traffic stops and contracts with illegal immigrants or government business transactions. If only Dr. King were with us now.
The 11th Circuit Federal Court of Appeals(to its credit) this past Friday stayed the sections of the statute which had required proof of lawful residency in the U.S. and that provision tracking immigration information about newly enrolled students. The other provisions remain intact.
The legal challenges will almost certainly reach the United States Supreme Court. But for now , more power to the protesting students at University of Alabama at Birmingham.
Make us proud!

DSK Cleared Again in France...Interesting Legal Question, Will Details of 2003 Incident in France be Admissible in New York Civil Action ?

Well it looks like DSK has nine lives (What is another name for cat? ). Yup after an investigation by the French Authorities of an alleged 2003 incident (Inspector Cluseau probably), they decided not to prosecute. As Gomer Pyle once said,"surprise, surprise ". They cited the three year statute of limitations as the overriding reason. Tough to argue with that. But, as I read it, the report may have found merit to some of the "sexual assault allegations". So the criminal side of DSK's legal problems are over..Now to the civil side.
Will be interesting to see if "the victim's " attorneys will be successful when they attempt to introduce details of the 2003 incident in their pending case to show notice of DSK's "voracious sexual appetite ".Did anyone say all you can eat?
As I see it, plaintiff's counsel will definitely seek this information via documents and testimony during discovery. This will surely be met with a motion for a protective order. Even if they get the discovery, their attempts at admissibility will definitely be met with an in limine motion(motion to preclude) by the defense.
Good stuff for the bar exam.
Anyway, DSK lives to "blow " dry his hair for another day, and to plan his next international "sexcapade ". He says he's sick of hotel maids..Looking at hotel masseuses now.
This has been your legal analyst Steve Goldman.

Raj R Sentenced to Eleven Years.

Raj Rajatnaram was sentenced to 11 years today. Will probably have to serve 7 and change. Prosecutors actually sought a sentence of 20 years...So it could have been worse. Do you think the prosecution was actually unhappy with the sentence?
So now the appeal process takes over, Raj tries to stay out of prision pending appeal and eventually the Second Circuit Court of Appeals will rule.
Remember, it aint over till the fat lady sings!

Fred Shuttlesworth , One of Civil Rights " Big Three " Dies at Age 89...Now that Was a Man!

How would you like to be the target of bombing two times, be arrested 35 times, knocked unconscious and have your wife stabbed? And for what? Because you were a black man in the 1950's and 60's in Birmingham, Alabama who was intelligent, tough, energetic, relentless and who dedicated your entire adult life to addressing racial injustice, bigotry and segregation in the south and in America ! Well if you were describing Fred Shuttlesworth...You described him perfectly.
In 1957 he joined with Martin Luther King and Ralph David Abernathy to form the Southern Christian Leadership Conference. Not as well known as King and Abernathy, Shuttlesworth energized by Brown vs. Board of Education, was the most aggressive of the three, while King was the most public and conciliatory. Their efforts in 1963 resulted in massive demonstrations in Birmingham.
The Civil Rights Act of 1964 became law and the rest is history. While the "civil rights movement " was well planned and was supported by the efforts of thousands, Shuttlesworth gave his all(and more) to end segregation and racial injustice . Now that was a "man"!

Al Davis Passed Away; Great " Football Man " No Doubt , But Was He a Great Man ?

Al Davis passed away this past week at the age of 81 . Grew up in Brooklyn, attended Erasmus High School(So did my dad and Barbara Streisand), coached in college, the pros, became the AFL Commissioner, then GM , CEO and owner of the Raiders. Won 3 Super Bowls(his teams played in 5) . Instrumental in bringing about the merger ! First owner to hire a Latino head coach, African -American head coach and female CEO. NFL " public enemy #1 ".
So professionally he was a stud...What about Al Davis the man?(Or doesn't that count anymore ?) I couldn't believe my eyes when I read the Sunday New York Times yesterday. Front page story on Al Davis . Front page Sports Section Al Davis. At least one(maybe 2) stories in the Sports Section as well. Did A Fu_in President die? The stories all portrayed a man bigger than life.
But in reality wasn't Davis noted to be sneaky, devious, unfair, dishonest, a cheater, an eavesdropper, a bully, arrogant, a backstabber, untrustworthy, selfish, hated, a self-promoter and disloyal all in one? Yes he produced winners. Yes he was successful and rich. Yes he was feared at times.
But at the end of the day was it all worth it? Not character traits I want to instill in my kids.
So let's call a "spade a spade". Al Davis should be remembered as a pioneer in Professional Football who was a nasty , old son of a gun! Your thoughts ?

Those Who Practice in Federal Court Beware; Come December All of the Expert Testimony Rules Will Probably Be Amended.

For those of you who practice in Federal Court , you constantly have to make it a point to be intimately familiar with the Federal Rules of Evidence, Civil Procedure , Local Rules , etc. Well don't blink now. Come December there will be some changes regarding expert testimony in Federal Courts that you definitely want to learn and become familiar with.
The text of the "restyled rules" can be found at :www.uscourts.gov/RulesAndPolicies/FederalRulemaking/PendingRules.aspx. You owe it to yourself and your clients to understand the changes.
Don't sweat it though, nothing truly substantive in the amendments as I understand. But , you don't ever want to be put in a compromised position by not knowing them.
Good luck!

Yankees, Season on the Brink...Would You Want A.J. Burnett on the Hill?

This is why they call it the post-season. Anything can and does happen . Winning almost 100 games in the regular season. Don't matter ! Three guys with over 110 RBI's. Don't matter ! Potent lineup ...Don't matter ! Pitching wins in the post-season , plain and simple..Averages drop, starting pitcher deficencies are magnified. Well, welcome to the Yankees 2011 post-season!
Down 2-1, due or die..Can A.J. Burnett live up to his potential (not to mention his $16 million annual salary) and get the series back to the Bronx for game 5? Short answer yes!
My prediction..A.J. will have the fastball and nasty slider working , go 7 strong and will surrender 2 runs or less. With expectations way down, all " the enigma " has to do is go out , throw and enjoy himself . So get yourself a cup of black coffee , a prayer book and enjoy!
Lets go Yanks. Lets go Yanks!

More Madoff; Judge Rakoff Dismisses The Majority of Claims Against Met Owners.

In an 18 page decision Federal Court Judge Jed S. Rakoff dismissed almost all of Trustee Irving Picard's claims against the New York Mets owners leaving standing only the fraud and equitable subordination claims. Quite a blow to the Trustee and his legal team. The Court also ruled that the Trustee can only recover principal from the defendants if he can show defendants " willfully blinded themselves to the fraud". Easier said than done !
All in all , the biggest win the Mets have had all year !

Wow! Judge Rules Ezra Merkin and His Three Hedge Funds Not Liable to Investors for Placing $ With Madoff.

As we all know, "The Madoff Tragedy " has taken on a life of it's own . Lawyers getting richer, investors suing and following the money trail , SEC Investigations, Bankruptcy Court, Federal Court, State Court and thousands of Trustee-initiated lawsuits worldwide. Probably will continue for years to come!
In the latest of a series of high-impact decisions, Judge Deborah A. Batts ruled that Ezra Merkin and three of his "feeder hedge funds "(Moe, Larry and Curly) could not be held liable for investing their investors' money with Madoff . While he may have been imprudent , it does not amount to legal responsibility to his investors. Hmm !
Now correct me if I'm wrong , but shouldn't a hedge fund have a responsibility to its investors to be prudent when checking out billions of dollars of possible investments? Didn't Merkin have a relationship with Madoff? Doesn't it fail the smell test?
If you ask me, if Merkin is off the hook, then Wilpon's should be doubly(not Doubleday silly) off the hook ? Don't you think? Anyway, as we all know and expect the case is on its way to the Second Circuit Court of Appeals for final determination...Because Oz has not spoken yet! Stay tuned.

DSK, Playing the "Diplomatic Immunity Card"....Will it Work....?

Diplomatic Immunity is a form of legal immunity and a policy held between governments that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws . It is governed by the Vienna Convention on Diplomatic Relations(1961). It covers a wide variety of civil, criminal and administraive actions. Basically,allows diplomats to come and go as they fu_in please. You may even remember in one of the " Mel Gibson movies " , the South African bad guy kept on taunting Mel Gibson by slyly stating "Diplomatic Immunity ". Until Mel Gibson flattened him!
Ok , so here's the "DSK Rub". DSK as the former IMF Chief had travel documents "marked DIPLOMATIC " . So in response to the hotel maid's lawsuit , DSK's attorneys have made a motion to dismiss the case asserting "diplomatic immunity ". Interesting how this issue didn't come up in the failed criminal prosecution.
Anyway, DSK argues immunity and of course the plaintiff argues he wasn't a diplomat and moreover he was on "personal business " so any immunity wouldn't apply . No lose situation for DSK; Just gives him an extra bite at the apple in trying to get the action derailed!
Look anyone with a good attorney would play the same card. Remember, we're just in the early rounds.

Chevron Case; Second Circuit Puts Their Foot Down, Say Sayonara to Judge Kaplan's Global Injunction On Enforcing $18 Billion Judgment in Ecuador.

The Second Circuit Federal Court of Appeals in Manhattan didn't take long. Just three days after hearing oral argument on Judge Kaplan's "global injunction " relating to enforcement of the Ecuador judgment against Chevron, a three judge panel vacated the injunction and effectively cancelled the November trial before Judge Kaplan.
With the injunction vacated plaintiffs would be free to enforce the judment. But James Tyrell, plaintiff's lead appellate counsel promised the "Second Circuit " that plaintiffs would await enforcement until an intermediate appellate court in Ecuador has reviewed the judgment.
For now, " Oz has spoken " !

Wall Street; Hey Investors Don't Panic, Your Actions Will Dictate Prices/Indexes.

Yesterday was a brutal day in the market. Fears that we're sinking further into a recession as usual fueled a "sell-off " worldwide . Lo and behold, the market fu__in tanked! Haven't stock market inestors (players ) learned after all these years ? Guess not.
Well guys(and gals) wake up! The stock market is like " an animal sensing fear in you"...If they see you're scared they might attack. Well, once the market senses investor concern, fear then panic and sell off , there is nothing really (practically) that can be done to stop the "free-fall". The day (2 days or a week) has to run it's course. Investors then have to lick their wounds, and decide if they have the stomach to stay in the market.
Like today; things quieted down after yesterday and as of 10:05 today the market is down a few points. No magical formula. Maybe just a more pragmatic approach to things today.
So ask yourself,"should I stay or should I go now?If you say that you are mine...."
Good luck!

Raj Rajaratnam Must Be Shi__ing A Brick; Two Lesser Defendants ...One Sentenced to Ten Years and the Other Sentenced to Four Years Respectively!

Notorious "inside trading magnate" Raj Rajaratnam about three weeks from being sentenced to a long "Federal Lockup", is obviously keeping his eye on other sentences for convicted " inside traders ". In Raj's case the Government is seeking a 24 year sentence.
Well yesterday Zvi Goffer was sentenced to 10 years and Winifred Jiau was sentenced to four years.Did someone say "sending a message"? Neither case matched the extent of "illegal profiteering " that we saw in Raj Rajaratnam's case .(see Galleon Hedge Fund Case)
So Raj, be prepared for the worst, pray you can remain free on bail during the appeal ..and that your army of attorneys can identify and pursue reversible error from the trial record while perfecting your appeal. And Raj, if I were you I'd party hardy for the next weeks.
And all for what ? You had plenty of money already !

Celebrity Lawsuits: Don't Feel Sorry for Charlie Sheen...He's Settling His" 2 and a Half Men " Lawsuit ....$25 Million Upfront Plus More!

Reports have it that Charley Sheen has settled his "2 and a Half Men " lawsuit for $25 million upfront plus future fees from syndication, etc...Package reportedly could be worth $100 million. Not that "Charley old boy "needed the cash anyway.
His new , congenial self may be a sign that his life is on the mend. Wouldn't it be interesting....Nah, forget I mentioned it...But wouldn't it be interesting , if somehow, some way in the promotional coup of alltime ......He, .. He ....ended up back on the show!..
Stranger things have happened. You heard it here first. Stay tuned.

Mariano Rivera(Mo) Ties Trevor Hoffman With 601 Saves...Just Another Day or Two and He'll Be King!

Mariano Rivera , Old Number 42 is still going strong ! On Saturday, he tied Trevor Hoffman for most all-time career saves, when he "racked up" #601. He undoubtedly will get number 602 in the next week unless the Yanks get blown out every night or they put a licking on their opponents! Jorge Posada has had the great pleasure of being on the receiving end of 368 of those saves.
When Mariano reaches "save #602 " he will of course be the all-time saves leader , but the whole world has known for a long time that "Mo" is and has been the greatest closer in the history of professional baseball. No ifs, ands or buts! Five World Series rings, 601 saves, all-time leader in post-season saves, numerous all star selections, perennially saves 40 games, has a superhuman strike to ball ratio, has uncanny command ...Not to mention he is probably the career leader in bats broken. Nothing more to say, is there? Oh yes, he's a great teammate and a superclassy individual.
Mo thanks for the memories...But we aint done yet!

UBS Trader Arrested(not charged) in Alleged $2 Billion in Losses Via "Unauthorized Trades"....Who are You Fu__in Kidding?

I got to be honest with you I am laughing(LMBO,LMAO,LOL) my ass off today on the latest "trading scandal " involving a UBS European trader at it's Delta One Desk who was arrested (Did someone say 19th Century Debtors Jail?) allegedly for causing $2 billion in losses on unauthorized trades. Now keep in mind Kweku Adoboli was a director and UBS relied upon him to create profits in "EFT'S", in a hot corner of the market. Risky stuff!
So why am I laughing ? Because I like to see big, Swiss banks "take it on the chin"? Of course not(well a little).No , I'm laughing because these greedy international investment banks worship the almighty Dollar, Euro and Yen, give successful traders carte blanche and as soon as there are losses they yell and scream "unauthorized trade ", "unauthorized trade"! Why, because they need a scapegoat...That's why.
So let's call a spade a spade... UBS , things were good while they lasted...They blew up! You knew what you were getting into. Now leave YOUR "disgraced trader " alone..Take it on the chin and move on to the next risky venture.
This is market analyst Steve Goldman signing off.

Dow Jones, Around and Around We Go........

Five minutes ago the Dow was up to 11,354 . Second straight day of gains. So really, what does it all mean? Temporary solace? A good feeling ? Paper profits ? I don't know, satisfaction that " the market " isn't tanking? All of these things, none of these things . What do you think?
I do know one thing...If my memory serves me correctly, we're just about where we were 3-4 weeks ago on that "bleak Monday " after S&P downgraded . Go figure .
Anyway, another day , another dollar.
One last thought, let's not put too much emphasis on the stability of Greece's economy going forward. We got our own fish to fry.
This has been your market analyst Steve Goldman. Have a good day!

Remember Carl Oglesby, Leader of Students for a Democratic Society...He Passed at Age 76 .

The 1960's, the Viet Nam War, LSD, "Student Demonstrations ", "sit-ins", " free love ", civil rights, JFK, radicals, liberals, communists, anti-war, "hawks", "doves "...What a fu__in decade! To experience all this first-hand must have been quite a ride! Never a dull day.
Berkley, Kent State, Columbia. And remember the Students for a Democratic Society ? Charles Oglesby, was born to poor white southerners who came north to Ohio to seek better economic opportunity. He earned his bachelor's degree at Michigan and was working for the Bendix Corp. with a wife and three kids .
In the mid 1960's, after being recruited by the Students for a Democratic Society , he sold everything and joined their public "anti-war campaign ". He soon was elected president of the group, became a well-respected orator and under his leadership membership grew to 100,000. Amazingly, despite his dedication he was expelled by a radical wing of the group who later became the Weatherman Underground.
Oglesby went on to become an author, songwriter, lecturer and adjunct college professor. His memoir of The 1960's Antiwar Movement, "Ravens in the Storm " was published in 2008. He was one of the most eloquent speakers of his era.
Like so many from the "60's " he gave his blood , sweat, brains and soul to the " movement". It's amazing how many intelligent, high energy , committed individuals there were who put their lives and careers on the line every day day for what they believed in. Great stuff!

Attica, Forty Years Since the Uprising....Did Governor Rockefeller Blow It?

September 13th, 2011 marks the 40 year anniversary of the "Attica Riots " . Yes, 1971 , can you believe it ? Attica, a maximum security correctional facility in western New York was the scene of a major revolt and taking of guards as hostages by mostly African American inmates who were protesting conditions, racism and the "grievance process " at Attica .
Recently , taped phone conversations between Governor Rockefeller and then President Nixon were discovered discussing the Attica siege . On tape, Rockefeller refused to go to Attica to negotiate to put an end to the " hostage crisis", (against advice from his inner circle) but instead sent in a small army of 1000 armed law enforcers to quell the uprising.
When the smoke cleared , 29 inmates were dead and 10 guards were killed. Order was restored but at a heavy toll to all. Additionally, The State of New York paid out about $20 million to settle related litigation . Pardons and a commutation of sentence were subsequently handed out by Governor Hugh Carey.
At the end of the day, many lost lives that could have been saved and New York State and Nelson Rockefeller were forever scarred by this tragic series of events. Your thoughts?

NFL Football ; Jets Win Opener in a Thriller!

This is a different Jets team. Five years ago, different team, different coach, different mindset ! The "Old Jets " lose last night"s game...The current Jets find a way to win it. Not only that, this team despite getting down early and clawing their way back believed they could and would win it.
A lot of contributors last night..Sanchez, Burress, Tomlinson, "Special Teams", Revis..The Defense. Excellent win, important win ...exciting win ! Still, a long , long way to go.
Now back to the Yanks!

Tennis Anyone ? The Rain, Delays, etc...But We Could Be in for a Classic Finish to the Tourney!

Rain, delays , postponements, more rain, wasted tickets, late night sessions and unhappy players. That has been the theme of this year's U.S. Open . But all is not lost ! We are now blessed with some unbelievable matchups.
In one semi-final(Saturday) we have Federer vs. Djokovic. Does it get any better? Roger has to be a sentimental crowd favorite against super-human Djokovich! The quarterfinal matches remaining (today) ,Isner (American) against Brit Andy Murray should be tantalizing. The other quarter..What a beaut! American , Andy Roddick vs. Rafi Nadal. Wow! Could be two five setters. And don't forget the woman's side either.Serena against Wozniacki...great stuff.
So if our good friend, "Mother(Hey you're a mother!) Nature " can cooperate a bit, we have have "one for the ages"..Oh, and don't forget your raincoat, hat and umbrella.
And to you U.S. Open crowd...Show some respect to the players. A three hundred dollar ticket doesn't entitle you to conduct "happy hour " in the stands.

Enjoy and be safe!

Puerto Rico ; Your Police Department is Like a Third World Country's Force!

Puert Rico, the home to Isla Verde, Old San Juan, Vieques, Culebra, beautiful beaches and great resorts is just 3 hours and 15 minutes by plane from New York. P.R. has some of the best golf courses in the Western Hemisphere. The Commonwealth of Puerto Rico , which is actually an unicorporated territory of the United States , has often been referred to as the 51st state . We've had some of our best and most memorable vacations there.
But all is not paradise on this island east of the Dominican Republic. In a scathing report regarding Puerto Rico's police force (the second largest in the United States)the Justice Department is accusing The Puerto Rico Police Department "of a profound and longstanding pattern of civil rights violations and other illegal practices that have left it broken in a number of critical and fundamental respects".
The Police Department's is accused of " systematically using deadly or excessive force when little or no force was necessary".Beatings seem to be handed out routinely, unarmed civilians have been murdered, corruption is widespread and misconduct is high. "More P.R.P.D. officers are involved in criminal activity than any other major law enforcement agency in the country".
It's shameful and fightening all at once. How could the residents of Puerto Rico feel safe, protected and secure, and confident that in a time of strife they will be properly taken care of. Answer-They can't!
The daunting task of overhauling the force and it's infra-structure falls in the lap of Governor Luis G. Fortuno. In response to this report he must act quickly, decisively and intelligently. No foot dragging will be tolerated.He can look for guidance to the L.A. Police Department which went from being a "rogue department " to a model police force.
All I can say Governor Fortuno, is it's best that you not waste time...Frankly, the Justice Department will have no patience with this crisis!

DSK; My Summer in New York...

Dear Mom;
I wanted to let you know about my event-filled summer in New York. First, I stayed in a hotel where I had it "maid ". After leaving the hotel quite abruptly and after lunch with my dear daughter , I raced to the airport. While waiting for my plane to take off a nice man from the Police Department even came to the airport to bring me my cell phone I had misplaced and then took me to a New York City Landmark which I learned has some of the " most famous bars in town"; You guessed it, Rikers Island. There I had my own private room, but no housekeeper. Darn it.
After your dear daughter-inlaw paid $5 million to spring me from "Club Rikers", we decided to stay in Manhattan for a while .I have to say the City has gotten quite pricey...it cost us about $200,000 a month to rent a place....and what a rip-off...it had a an all-male cleaning staff. Go figure.
We did get to order in "First Wok" almost every night though,(I fell in love with the "Polynesian Delight "dish) which we enjoyed with $2,000 bottles of French Wine . How I dread Calfornia Merlots..Can't drink em since we saw that movie "Sideways" on the way back from Paris one year.
We were having such a grand time in Manhattan until this lady they call "the victim" started to to talk and tell lie after lie. I asked someone "how do you know when she is lying"? They answered "when you see her lips move"! Oh well, that ruined everything. Because next thing I know we're out of our apartment, Ann gets her $5 million back and we're on a plane back to our beloved France.
I'm exhausted , but I can state with absolute honesty, not one day passed when I didn't blow-dry my hair. While I had quite a summer in New York, I think I'll stay put in Grand Old Paris for a while where I understand they may be "erectING" a statue of me .(no "blow"-dryer , but what can I say). It's good to be home where I'm understood.
Well it's getting late mother...Vive la France!
With love, your son DSK.

Goldman Archives; What Individual in Brooklyn in 1966 Enlisted the Help of the Gallo Brothers to Calm Racial Tensions?

Frank Arricale , best remembered for enlisting the assistance of the "Gallo Brothers " during the summer of 1966 to try to ease racial tensions in Brooklyn, died on August 26 at the age of 81. For those of you who don't know or don't remember ,Mr. Arricale was the Director of New York City's Youth Board ,who in 1966 when racial tensions flared reached out to ethnic leaders in an effort to avoid violence and rioting.
In an extremely controversial move, he reached out to Mafia leaders Albert and Larry Gallo. The "Gallo's" agreed to help. They "sent out a message" to white , mostly Italian-Americans to stay out of East New York and to cooperate with the police. This went a long way towards a full scale riot being avoided. The Gallo's were actually commended for their fine service to the City.
I think then Mayor, John V. Lindsay said it best; You can't always deal with people who are leaders in the Boy Scout movement. Sometimes you must call upon individuals with fairly rough backgrounds". "Fairly rough" being the key word there. The rest is history....
Oh, how times have changed! Can you imagine Mayor Bloomberg today texting a Mafia Capo for help?

Judge Rules Clemens Must Face a Re-Trial; Is Anyone a Winner?

Yesterday, the assigned Federal District Court Judge ruled that "The Rocket", Roger Clemens must face a re-trial in April 2012 on the perjury and obstruction of justice charges.The Judge reasoned that he was obligated to give the Prosecutors another chance. Do they deserve it? Probably not!
So who is a winner here? The Prosecutors must prepare and retry an unpopular case. The taxpayers get saddled with the huge costs which must be undertaken by the US Attorney's Office. Clemens must incur astronomical attorneys fees and an "unsettled future". The Judge hates the case. So who is the winner? Oh I forgot...Rusty Hardin is , he gets another $5-10 million in legal fees for defending Clemens.
Happy Labor Day!

Man for Man, Yanks Better than the Red Sox!

Well, as a diehard Yank fan I was glad to see the Yanks get the first game of the series in Fenway. Mariano, of course getting the save. Sabathia trudging along. Some timely hitting. Soriano getting em out of the 8th.
As I was watching Entourage on HBO after the game, I got to thinking...I feel the Yanks are better than the Sox at almost every position except DH["Big Papi "], and starting pitching. A-Rod at third, Jeter at short. I take Cano over Pedroia and even though Adrian Gonzalez is having a "career year " at first I take Teixeira ! Left field, I'll take Gardner. In center , this year Granderson over anybody !And in right , you can put Swisher down for 25 homers, 30 doubles, 85 RBI's AND .270. Catching is close..but I personally like Martin... Bullpens are both good...but if Soriano, Robertson and Mo are pitching well...tough combo to beat.
So at the end of the day, will Boston's starting pitching be enough to beat the "Bombers " come playoff time ?
All I can say is...There is no better rivalry in sports !

Dow Jones Industrial up 254 Points Today...Honestly, Is There Any Rhyme or Reason to the Market Fluctuations?

Since the summer of 2008 I have been closely following the market on a daily basis. Since the downgrade by S&P about three weeks ago I have now been following it on an hourly basis. I am acutely aware that there are thousands of MBA market experts out there from Harvard, Wharton, Stanford, Univ. of Chicago, Oxford, Cambridge....You name it! I also am well aware of the sophisticated trading algorithms utilized by Goldman Sachs ,etc...Let's not forget the millions and millions of dollars spent on market research and due diligence . Some even watch "Jim Lehrer's Nightly Business Watch"(lol).
So where does it all leave us ? Is sophisticated market research better than a"good old coin flip"? Does anyone really invest in "individual stock performance " anymore or do you dictate your investment decisions based solely on national or global economic factors? Should the stability of Greece's economy really affect the value of Google? Do you sell off stocks everytime there is bad economic or financial news?
Frankly, in my opinion it has become laughable. No stability, no real trends to speak of. Let's face it , no stocks truly trade on their own merits(or lack therof).But what can really be done?
Just continue to do what you've been doing. Listen to experts, hear what friends have to say, read "The Journal " and invest in a "newsletter ". But before I wrap up I have to ask you to explain one little, tiny thing to me...How does the Dow Jones jump 254 points just one day after a massively destructive hurricane(tropical storm) causes ten's of billions of dollars in damages up and down the east coast? All I can say is "I"ll bite....
Your thoughts?

Boston Archdiocese; The Partial List of Clergy Accused of Sexual Abuse is Long Overdue and Incomplete!

I am leveled by the scope and the breadth of "Clergy " who have been accused of and/or found guilty of sexually abusing children . It seems to never end! The Archdiocese of Boston on Thursday published a partial list of clergy members who have been accused of sexual abuse nearly a decade after the scandal broke.
Previously , about 30 other Archdioceses including Chicago, Los Angeles and Philadelphia have published lists . What's upsetting to " victims groups " is twofold. First, the length of time it took for Boston to " man up " and publish the list. Secondly, the list is far from complete. The Boston Archdiocese unilaterally set the rules as to who would be named and who wouldn't. For example if a Priest was accused of sexual abuse while working in Boston, but is currently working in another diocese, his name was not published . Why? Who knows ? Does the privacy issue outweigh victims rights and church members' onging safety? Presumably, Priests accused of sexual abuse could be currently leading a parish "outside of Boston ".
To me, this is just another example of the " Catholic Church " condoning this behavior , failing to accept 100 % responsibility, turning a blind eye and pretending the abuse is isolated rather than pervasive worldwide.
The only way the problem can be rooted out is to bring in "independent investigators and prosecutors " who have unfettered prosecutorial powers. Get rid of "all" the deviant clergy and then start fresh with new qualifications and rigid psychological screening going forward.
Can this continue for another 500 years? I certainly hope not.

Watergate; Judge Orders Nixon Secret Grand Jury Testimony to Be Released!

Watergate, Woodward and Bernstein, "Deep Throat", "The Break In", 18 Minute gap on the White House Tapes, Nixon's Resignation...All part of one of the biggest political scandals of all time. Hope they're teaching it in high schools today. And yes, it all happened almost 40 years ago !
What many Americans didn't know is that in June 1975, Nixon for two days near his home in California gave secret grand jury testimony about Watergate. It was the first time a former President had testified before a grand jury. May shed light on Nixon's knowledge of the breakin. Fascinating stuff!
While US District Court Judge Royce Lamberth has ordered the Government to publicly release the 297 page transcript, a probable appeal could delay it's release. Have to wait and see.
Interesting to see what " Tricky Dick" had to say on those 2 warm days in June 36 years ago.

Pat Summit; Great Woman's Basketball Coach at Tennessee Has Early Signs of Dementia, But Will Continue to Coach Away!

The world has changed so dramatically in the last 4o years in a million different ways. Today, more so than ever in modern times, individuals have "gone public " with a variety of issues including addictions, HIV , being gay, childhood abuse, being diagnosed with cancer and their battles against other illnesses as well. The strength and bravery in doing so should not be diminished. Going public serves many purposes. It brings attention to issues. Gives the fortitude to others to cope and of course serves as a way for the individual to be honest with themselves and others and to gain support and help , if need be.
Pat Summit , the great basketball coach at Tennessee has done just that. She has been diagnosed at age 59 with the early stages of Alzheimer's Disease, apparently a condition which other family members have suffered from. It's a progressive condition with no known cure, but is treated by "medication and managing the symptoms". It affects different people in different ways. Coach Summit just advised her team of her condition and after consulting with her physicians at the Mayo Clinic decided to "keep on keeping on "! She will coach as long as able, rely more on her assistants and staff than ever and will not feel sorry for herself. A message that we should all more than superficially absorb.
I am sure her announcement will help countless others, highlight the need for more research in seeking a cure and allow others to seek help as well.
In the meantime she will continue to do what she has done better than almost any other person in history....Coach basketball ! And by the way, don't feel sorry for her because next thing you know you could be down 30 points to her "Lady Volunteers"!
Pat , you are a model of strength and class for all!

Strauss-Kahn Case; "Day is Done, Gone the Sun, From the East, From the West, From the Sky, All is Well, Safely Rest.....Prosecution Done!

DSK, will be free to travel anywhere he wants, do anything he wants, stay in any hotel he wants and inter-(course) act with any hotel maid he wants in just a matter of days. It's all over but the crying ! Yesterday, the DA's office filed a 25 page motion detailing why the indictment should be dismissed with prejudice. It really boils down to one , simple, glaring reality ; No one trusts, believes, respects or has confidence in "the accuser". The DA's office, already with "egg on it's face " for rushing to judgment, doesn't want to spend millions of dollars in time, expense and manpower only to be dragged through the mud by top-notch[and respected] defense lawyers.
So while the actual dismissal has lingered, all that remains now is for the Supreme Court Justice to grant [Rubberstamp] the unopposed motion to dismiss.
While Strauss-Kahn is now free to live unrestricted, the civil case and imminent request by " the accuser " to appoint a "special prosecutor " will take on lives of their own . Strauss-Kahn will be living in luxury in Paris, trying to ressurrect(Not ress-erect) his political career(and reputation) with unlimited money to hire an army of attorneys to defend the civil case. He will travel and galavant ,but I'm sure he will stay away(far away) from the good old US of A . Wouldn't you?
But there is probably one thing which could make it all go away...Just one little, tiny thing...Yes, about $5 million and a "secrecy agreement ". What do you think?

Roger Clemens Retrial; The Government May Be Up Sh_ts Creek Without a Paddle!

As we all know, Roger Clemens' first criminal trial ended in a mis-trial. The Government is now seeking to retry Clemens on the same charges. The question that Judge Reggie Walton may ultimately have to decide is whether the Prosecutors' mistake in playing a video which contained "precluded eveidence " was inadvertent or intentional . If the error was inadvertent(hard to believe ) Clemens will be retried. If intentional , "the ballgame may be over"! No retrial.
Let's reflect on a few key factors. Number one, the evidence that was precluded was the subject of hotly contested legal proceedings. The evidence was a videotape of a Congressman at the Congressional Hearings reading the affidavit of Laura Petite which essentially stated that "Andy told me that Roger told him that he took steroids". Classic "double hearsay " .
After hearing arguments on pretrial evidentiary issues , Judge Walton barred the admissibility of that affidavit and any references to it . So what do the Prosecutors then do on day 2 of the trial ,after making a glaring error in opening statements? Yes, believe it or not they play a video to the jury containing the reading of this inadmissible affidavit. Oy vey! Huge problem. My opinion , not inadvertent, but intentional!
Second point. We are dealing with top-notch, seasoned , well-respected prosecutors . Not kids, wet behind their ears . So for the Gov't to argue that they were all caught up in jury selection, openings and presenting their case and thus made " a boo boo" is totally and completely unfathomable ! These are attorneys with 100's of trials under their belts. You just don't inadvertently make a mistake like that, do you?
Lastly, I believe Judge Walton "hates this case "! He, on a number of occasions has questioned why all this time, money, these resources and energy are being spent on this prosecution. Clearly he does not view Clemens as public enemy number one, two or three. Having said that, Judge Walton may be looking for a way to end the misery and dismiss this case.Who knows.
One thing though is for sure; The Government is now scrambling , has been eating craw all summer and they are "now begging " the Court for another opportunity to try the case.
"Will it[The Case] stay or will it go now " (The Clash)? You be the Judge?

Don't Look Now, Derek Jeter up to .291 !

With the stock market uncertainty, housing market problems and unrest throughout the world, we have almost lost sight of the fact that the Yankee shortstop has lifted his average to 291 and is nearing 50 RBI's. As usual, even at age 37, he is playing an impeccable shortstop. Jeter looks like Jeter! Not as many homers of course, but hitting balls the opposite way with that classic "inside-out swing", driving the ball in the gaps and legging out infield hits . Even stealing a base or two...and playing with ease and confidence especially since the "3000 hit monkey is off his back "!
So all you doubters out there, I must definitively state, Derek Jeter is not washed up ! He is still a very productive # 2 hitter with a spring in his step.
And Ty Cobb and Pete Rose, well....Let's see.

Madoff Revisited; Court of Appeals in an Unpopular Decision Upholds Trustee's Approach on Investor Losses.

The US Court of Appeals for the Second Circuit issued a ruling yesterday which will significantly affect the way "investor losses " are handled by the Trustee going forward. The ruling, while unpopular uses a common-sensical approach when calculating losses.
Essentially , the ruling defines "investor losses" as the amount of cash the investor ACTUALLY LOST , not the fictitious amount set forth on their account statements over the years. This will further enhance the Trustee's ability to pursue "clawback suits " against many Madoff victims.
I understand that to a victim "who was sucked into this fairy-land world of high yields" it seems grossly unfair, but at the end of the day this ruling analyzes amount of cash in vs. amount of cash out...Plain and simple!
Tough ruling, especially in light of our current economic times...But the right one?
You be the judge.

What Would Things Have Been Like If Ralph Branca Was Jewish?

So we now know that Ralph Branca's mother, Kati Berger from Hungary was Jewish. That fact, under Jewish custom and tradition would make Branca Jewish. Branca , who played with the Brooklyn Dodgers pitched in the "majors " from 1944-1956. He is most remembered for giving up "the shot heard around the world" to the New York Giants Bobby Thompson. Devastating to this day for Dodger fans!
So how would things have been for Branca, The Dodgers and Brooklyn, if Branca a devout Roman Catholic for his entire adult life , was actually a practicing Jew? Let's remember that Brooklyn in the 1940's and 1950's was largely Jewish as well.
First of all, until Koufax came around in 1955 , Branca probably would have been the most popular Dodger. Would have had a bagel named after him and I'm sure " a Ralph Branca sandwich"; corned beef, roast beef and turkey with Russian dressing and cole slaw on rye. He would certainly have had his own tv/radio show, owned a men's clothing store and maybe even would have worshipped at a local temple.
Billboards everywhere with Branca's likness. Branca's deli, Branca's Used Cars. Branca, B'nai B'rith's "Man of the Year" . Ralph Branca for Mayor! And a perfect ending to his career...passing the torch to the greatest Jewish pitcher of all-time, Sandy Koufax!
I can only imagine!

Wall Street; All That Stress, Pressure, Worrying...And We Ended Up Friday Almost Where We Started On Monday!

Last week was probably one of the most stressful in recent times for "Wall Street ". No one really knew if the market would go into a "free fall ", whether the downswings on Monday and Wednesday would continue on Tuesday and Thursday . Whether there was any good news lurking out there ? Were we going back to "7,300 " after bouncing around 12,000 for a while?
Nobody knew, nobody was sure, the customers were panicked and Wall Street was bracing for the worst . A dark cloud of pressure and stress hung over lower Manhattan (and for that matter the whole "Global Economy") for the entire week , right up to the closing bell Friday.
I guarantee you there were a multitude of relieved traders, brokers, investment bankers, wealth managers and customers at 4 pm "EST " this past Friday. Nobody was drinking white wine then , just the hard stuff...And from what I hear, plenty of it!
So where does that leave us? Last week we had 3 days of gains, 2 days of downswings and "The Dow" ended the week down just a 100 points or so . Come Monday morning at the opening bell we will all start the week fresh. No "S&P downgrade" lurking over the market waiting to wreak havoc and fury Monday morning. I believe also a renewed sense of confidence "that we can take the worst punch and still get up". Wall Street "manned up " this past week.
This week we get our reward....11,300, 11,500, 12,000........Who knows?

Let's not think about it yet, it's only Saturday night! " May the force be with you"!

Chris Mullin, One of My Favorites Going Into the Hall Tonight!

If you are a hoops fan, New York basketball junkie and are in the mood to cry tonight, watch the Chris Mullin Hall of Fame Induction Speech tonight! Reports suggest that Mullin(out of Flatlands ,Brooklyn,St. Johns) will have 100's of supporters there. Not a dry eye, I guarantee it.
What a story, what a man. Of course Mullin is remembered as one of the greatest shooters in NBA history. Savy, great passer,could shoot with either hand and had amazing court sense. Lou Carnesecca, his long-time mentor, college coach and friend said," imagine how great he would be if he could run and jump" . Selected to the dream team in 1992 with Jordan, Barkley, Ewing and Company. In one of his best years he averaged 26.5 points and more than 5 rebounds and 5 assists per game. Got to an NBA final. Never won one though. Became a well-respected GM and now ESPN analyst.
But that's the story we all know. What you don't know or may not remember is that in 1987 while playing for Golden State , Don Nelson ,his coach, pulled him aside and told him that he had to confront the fact that he was an alcoholic. Mullins' dad was a recovering alcoholic. Nelson made Mullins call his parents right on the spot and tell them about his problem. He did. Chris' dad said "listen to your coach". He did so , checked into a 30 day rehab and has been sober ever since . The rest is history!
So tonight , if you have 45 minutes to spare, you will be in for a treat listening first to Carnesecca and then Mullin in Brooklyn's finest accent humbly thanking everyone along the way that made it possible.I can't wait!
That's what life is all about, isn't it?

New York Judges; That Long-Overdue Pay Raise is Almost Here!

Tuesday's New York Law Journal reports that 2 members of the panel considering "Judicial Pay Raises" favor immediate and substantial pay raises for New York Supreme Court Justices. One panelist recommended a raise to $197,000, the second panelist recommended $220,000. Much better than $133,000. About time! The Justices have not had a pay raise since 1999. Would you have put up with that?
The final vote by the "Commission " is scheduled for August 26th, 2011. Barring something unforseen, the recommendations I believe will be rubberstamped . While Judges do take their fair share of criticism, the raise is fair, reasonable and a long-time coming.
Finally!

Market Comeback Yesterday Was Beyond Huge!

Monday was like being convicted of a crime and then going back for sentencing...You knew it was going to be bad . It had to have been the same feeling for " Wall Street " after Standard & Poors " downgrade following the market close this past Friday until the opening bell Monday. It must have been like "doom waiting on your doorstep"! Nothing could be done except to absorb the body shots and keep your chin up.
So after Monday's pounding and the rough first part of yesterday, it looked like we were heading for a free fall with no relief in sight. Thank God for the announcement by the Fed . The market rebounded , finished up over 400 points for the day and almost recovered 2/3rds of Monday's fall-off.
That was the immediate result. The longer term effect was it avoided 2 consecutive days of catastrophic downswings, which could have started a downward, out of control spiral . Investor confidence got a boost and we all live to see another day.
We just have to take one day at a time!

Goldman Feel-Good Stories; Oscar Pistorius, South African "Double Amputee" to Compete in the Track and Field World Championships...Wow!

Oscar Pistorius, born without fibulas in either leg, will be the first amputee athlete to compete in Track and Field's World Championships. Pistorius who runs with bilateral prosthetics was cleared to run by a 2008 decision making him eligible to compete. He will race in the 400 meters and the "4 x 400 relay" . Let me remind you he will be running against competitors with two natural legs. He will be attempting to qualify for the 2012 Olympics in London.
While there is some surrounding controversy relating to "whether there is an advantage to racing " with light weight custom -made prostethics, his accomplishments in my opinion are breathtaking. The dedication , perseverence and inner toughness should be inspiration for all of us .
Good luck Oscar...You can do it!

Rick Perry, Governor of Texas; What Happened to Separation of Church and State ? Am I Missing Something Here ?

Ok, here are the facts . Rick Perry is the Governor of Texas, the nation"s second largest state. He is a "Presidential Hopeful" . He is a conservative outspoken Christian and has preached since 1997 .
So that brings us to yesterday's "public prayer rally" at Reliant Stadium in Houston . Governors from all across the country were invited to this religious event. Governor Perry used his position as Texas Governor , stature , reputation and influence as the highest elected official in Texas to organize the event, draw people and lend credibility to the gathering. Emails have been sent out from his official address and he has made "no ifs, ands or buts" that THIS IS THE GOVERNOR OF TEXAS' RALLY!
So has Mr. Perry crossed over line separating Church and State ? You better believe he has. Furthermore, based on accounts in the New York Times, he has violated the 1962 landmark decision of the US Supreme Court prohibiting organized prayer in public schools on several occasions as well.
Most distressing perhaps is the fact that the sponsor of the rally is listed as "an antigay hate group" by a well-respected watchdog organization. Rick Perry is dangerous, won't hesitate to violate the law, has run amok of the "separation of Church and State " and now considers himself a serious Presidential Contender. His arrogance and lack of respect for the US Constitution are mind boggling.
Religion and faith of all denominations are undoubtedly an important fabric of our society . The actions of elected officials are what make our country run. There cannot be any overlap of any kind! Or for that matter even the appearance of overlap. We as Americans should not condone it in any shape, form or manner. Not now, not ever!
And Governor Perry, next time you want to participate in a prayer rally simply participate as "Rick Perry private citizen". That's the way the US Constitution and Supreme Court say it should be done.

Ex-Colt Great Bubba Smith Dies at Age 66...All These Great Players, But All These Pre-Mature Deaths......

It seems like every other week or every month as of late a former NFL great passes away...It seems that none really make it past the the "ripe old age of 70 " either. Am I imagining things? Obituaries seem like broken records, "ex-NFL player 60 something dies of natural causes"! Just recently John Mackey[another Colt] and now beloved Bubba Smith . Sad beyond words .
Bubba was a great one...All 6 feet seven inches of him. He dominated from the defensive end position, first with the Michigan State Spartans, then the Baltimore Colts for 5 years where he played in the 1969 Super Bowl loss to Joe Namath and the Jets and then was part of the Colts 1971 Super Bowl championship team.
Two time pro bowler and one time all-pro . He was a force almost always requiring double teams. After the Colts he played a total of four more years with Oakland and Houston. Had a successful acting career , most notably in the Police Acadamey Series. Seemingly had it all!
But did he? Is it more than coincidence that so many former NFL players are passing away so young. I'd be very interested to see the average age that former NFL PLAYERS FROM THE 1950'S AND 1960'S live to . Probably shocking. My heart hurts for their families.
So while we celebrate "Bubba" and mourn his loss , where does that leave us ? More studies, continued reduction in hits to the head, better medical treatment, followups and monitoring of former players..better medicine, better benefits.
We can't just go on worshipping these studs, living vicariously through them and then just let them fade away into obscurity both literally and figuritively . It sucks!
Something has to be done and real soon! And I'm talking to you NFL owners when I say that!
God bless you Bubba!

Welcome Cuba to The 21st Century, You're Finally Going to Allow Private Citizens to Buy and Sell Property !

Look, I'm a huge supporter of First Amendment Freedom of Speech and all the great Constitutional Protections that citizens of our great country have. Yes, I also love strong opinions , some controversy and constructive criticism !
But, one thing which really bugs me is when people say what a terrible place our country is, how they "can't stand living here", etc, etc. While our country and Government are far from perfect, have you looked around at the rest of the world lately ?
Things which we "take for granted " such as being able to buy and sell private property without Government interference are not givens all over the world.
Take Cuba for example. The New York Times reported that the day is almost here where private citizens in Cuba will be able to buy and sell real property for the first time since Castro took over in the late 1950's....Can you imagine? Up until now people in Cuba actually had to "trade property" where no money changed hands. Cuba may even lift restrictions on cell phone usage. What a life! Why do you think Cubans came here?
So the next time you want to complain about politicians, taxes, budget crises, credit card debt, etc....Remember one thing, you still live in the greatest country on this planet...
If you don't believe me, try Cuba.

" It Aint Over Til the Fat Lady Sings "; Conviction of AIG Executives and an Executive from General Re Overturned on Appeal.

The Second Circuit Court of Appeals in Manhattan (Federal) just overturned a 2008 conviction of 5 insurance executives from AIG and Genral Re. The executives had been out on bail pending the appeal . Each of the defendants was represented by nationally recognized appellate counsel.
The Appeals Panel held that the trial judge had unfairly prejudiced the jury by admitting into evidence certain information regarding AIG-stock and it's market fluctuations . Bottom line was that defendants were denied a "fair trial ". So the conviction is thrown out...and the local US Attorneys office must decide now whether to retry the "big 5". Lot of work and $ down the tubes!
And yes, it always helps to have wealthy defendants, and of course the best legal talent money can buy.
To be continued!

Goldman Second Chance Stories : Plaxico Burress You are One Fortunate Dude...Don't Blow It!

To me one of the great things in life is the "second chance opportunity ", which has become so fashionable. And why not? We all mistakes , right? To me it's not how many times you fall but how many times you get back up that truly defines a person!
Let's talk about Plaxico for a second. Before his "firearm troubles" he was a top-notch wide receiver . Five hundred and five (505) career receptions, 55 career TDs, 7800 yards, superbowl hero. Long yardage threat. Size, speed, hands...knows how to get open.
So why wouldn't the Jets take a shot. Price is right. They worked him out and obviously liked what they saw. While he is 34 and has been out two years , the flip side is that his body has not taken hits for 2 years either.
This is a tremendous oppotunuity for Burress and the Jets; Plaxico you got the world at your fingertips. Work hard, keep your nose to the grindstone...and don't blow it! We need you and you need us. And by the way, you won't get a third chance.

Madoff Revisited; Judge Rakoff Makes Difficult Decisions...This Time His Ruling Dismisses Trustee's Case Against a Major Bank.

Judge Rakoff is experienced, intelligent , hard-working and is not shy about making tough decisions. As you might know he has been assigned the Trustee's case against Fred Wilpon and Company. He is also the Judge assigned to the case against HSBC Bank, [one of a thousand cases filed by the Trustee] seeking damages for Madoff victims based on allegations that the banks should have observed "Red Flags" and then investigated accordingly.
Well bad news for the Trustee and "Madoff Victims " worldwide. Judge Rakoff just issued a decision dismissing the action brought against HSBC .... and as I understand it the decision could very well be a "death knell" to suits against banks worldwide as it relates to the 'Ponzi Scheme". Tough stuff, but I believe the right decision.
Oh well, the matter is sure to go up on appeal and take on a "life of it's own"!
Mr. Trustee, you can't win em all!

Defense in Strass-Kahn Has Accuser Exactly Where They Want Her.....

Remember a few months ago. DSK gets arrested, , humiliated, found guilty in the Court of public opinion, resigned from the IMF, house arrest...political aspirations shot to bits! Well now, he's free without bail, the accuser is getting bashed in the press, her attorney is begging the D.A. not to drop the criminal charges, there's some slight sympathy for Strauss-Kahn and his attorney is publicly defending his client's credibility and the accuracy of her statements she has made during the investigation. Wow, how things have changed!
My opinion ; Defense has the accuser exactly where they want her!
Stay tuned!

Madoff-Wilpon Revisited ; Trustee Has Shifted Gears Again....Will it work?

Well, the legal wrangling between the Trustee, Irving Picard and "The Wilpon Camp" continues . As you know , the venue has shifted from Bankruptcy Court to U.S. District Court . The case has been assigned to Judge Rakoff .
So how has the Trustee shifted gears ? First off, Judge Rakoff has preliminarily noted that he may very well apply "Securities Law " rather than Bankruptcy Law. Picard therefore must argue what Securities Law standards now apply against Wilpon and Company . Secondly, as I understand it , Picard is now arguing that assuming Wilpon was an "ordinary investor " rather than a "sophisticated investor", that he still had a duty to make a reasonable investigation after certain "red flags " became evident to Wilpon.
That may very well be the crux of the battle...Picard now argues that there were numerous red flags obvious to Wilpon and Katz; Wilpon's team will most definitely argue that there were no contemporaneous red flags, but rather that they have been concocted by the Trustee and his legal team "after the fact " in an effort to make out a "prima facie case".
So you now have the battlegrounds...My prediction...Judge Rakoff does not dismiss the case in its entirety, but significantly limits the scope of potential recovery for Picard.
In other words, round one to Wilpon! Let's wait and see....

So NFL Lockout is Over; Ok NBA, Your Turn!

I'm like wow! Can't believe how excited some of my buddys and in-laws are about the fact that the NFL season is saved. I'm happy too, and once the weather gets cold I do look forward to the games....but I'm in no rush for the NFL season to start.
Now , it would be great for the NBA to follow suit. Wishful thinking ? Who knows. Well, if it doesn't happen there is college hoops every night, Rutgers and Seton Hall are close to me...and the Israeli League. Did someone say "Euro-League"?
Let's see what happens come late August , early September.For now, let's enjoy the summer!

Jennifer Pharr Davis, You Are a True "Trail-Blazer"...The Appalachian Trail That Is!

Ok here's one for you...What starts in Maine? Ends in Georgia? Is 2180 miles long, takes you thru rivers , woods, streams, Mountains and paths, past bear, moose, skunks, porcupines and other wild animals, and has never been covered by a human being in less than 47 days by foot?
If you guessed the Appalachian Trail, you were right! The "Trail" is marked only by white blazes on tree trunks and takes you through rough, flat , inclined and mountainous terrain. Ms. Pharr Davis' best time is 57 days. This summer she is trying to break the record of 47 days. Imagine this, you need to do almost 50 miles per day, every day walking for about 15-17 hours in the heat and humidity. Yikes!
So next time someone calls "hiking " a wimpy sport, or not even a sport...Tell em to join Pharr Davis in Blairstown N.J. for the final 1200 miles of the hike.
Oh Ms. Davis, I hope you have plenty of "deep woods bug spray".

NFL Owners Approve New Collective Bargaining Agreement....So Big Deal!

Hip , hip, hooray ...The greedy owners agreed to a new collective bargaining agreement ! The NFL Players Union I'm sure will follow suit..just in time to start the season and get their paychecks..The network is happy, fans are happy...So let the games begin!
You know what, next time you guys have a strike, lockout and lawsuit....Don't tell me. Just wake me when it's over!
Let's go Jets!

Unfortunately , The United States Slavery Museum Having a Tough Time Getting Off the Ground...

The plans to build the US National Slavery Museum in Fredericksburg Va., was conceived by L. Douglas Wilder , the nation's first elected black governor about 10 years ago. About 38 acres were donated and architectural models were even prepared. Some artifacts were donated .
So where does the museum stand today? It doesn't! The lot is vacant, overgrown with weeds. No construction, no nothing.. Except for a $215,000 tax bill from the City of Fredericksburg, who is making noise about auctioning off the property. Good luck in this real estate market...But that's not the point.
This is a great and worthy endeavor, long overdue and would educate and enlighten not only African Americans but all races , creeds and colors about the terrible, shameful period of American history. Slavery.
So where do we go from here? First of all, Fredericksburg, show some compassion and back off! Governor Wilder, respectfully, are you in or out? We need energetic, well-connected, strong leadership. And most importantly "Corporate Amererica and Academic America "get financially involved! Not many worthier causes!
It would be downright disrespectful to let this project die in the wind...The kids today, and generations to come need to be educated!
Remember, talk is cheap!

Lenny Dykstra("Nails "),Another Victim of Life in the Fast Lane!

I guess it can happen to anybody...One day riding high, on top of the world , nothing but upside, the next day bankruptcy, divorce, financial empire destroyed, family relationships ruined and then the arrest and criminal charges.
Look at the beloved Lenny "Nails " Dykstra , 1986 member of Mets world championship team, 1993 member of Phillies team which went to the "Series ", second in the MVP voting to Barry Bonds one year . A guy who would run through a wall for you... guys who played with him loved him. Gave his blood and guts every night!
Then in retirement, it appeared he had everything...Valued his assets at $58 million a few years ago. Then bam, a downhill slide at 150 miles per hour. Apparently , he was broke...Filed bankruptcy, and then he was trolling for an easy "financial fix" ! Arrested and allegations of fraud and obstruction of justice .Man!
Is Dykstra ruined? That will be up to Lenny.. He has to address the charges, either plea or go to trial and then somehow reinvent himself in a way that maybe only Lenny Dykstra can.
In the meantime, a good place to start is to make amends with family and long-time friends. The months and years ahead will be much more bearable with a layer of support.
It's not going to be easy, but hey....life never is!

Diana Nyad , Sharks, 103 Mile Swim ,60 Hours in the Water...Nothing For a 61 Year Old Kid!

Diana Nyad , an athletic wonder and courageous, legendary long-distance swimmer is at it again at the ripe young age of 61. Ms. Nyad will attempt to swim the "Florida Straits " , Cuba to Key West in the very near future. She , of course, will have an entourage of 22 people keeping her company including a doctor, trainer, coach, "shark hunters" , nutritionest and more .
Just think about what she's doing, 103 miles in 60 hours in shark-infested , rough waters in the middle of black, desolate nights. This is one dedicated , driven, fearless woman...The preparation, training, sacrifice..."man o man ". Why ? To say she did it? "Life would not be complete without it "? Writing a book ? A goal ? Lunacy ? Or an extreme midlife crisis ?
Whatever the reson, she's in for the swim and journey of her life. Be careful, be safe and we can only ask that you give it your all.
Good luck!

Woman's World Cup Soccer; Gut-Wrenching Loss to Japan.

Well one thing about sports in the summertime....You get to watch sports on the tube you might not watch during football, basketball and hockey season. The French Open, Belmont Stakes, Wimbledon, The British Open Golf, Tour De France and The Woman's World's Cup(FIFA). The World Cup Final today was a "nail-biter " , which ended in a "shootout " going to Japan . The US woman were bigger, stronger, faster and I thought better, but somehow the Japanese woman never gave up and pulled out a historic victory for themselves and their stricken country.
US woman; You trained hard, played great, never gave up and showed true grace and character even in defeat.
You both deserved to win!

Judge Reggie Walton Declares a Mistrial in Clemens Trial; What Was the Real Reason ?

Shocking news flash heard around the sports world mid-afternoon yesterday in the criminal trial of Roger Clemens . Yes, on day 2 , a mistrial declared by Federal Court Judge Reggie Walton . To make things more interesting, the parties must return to Court on September 2nd for the Judge to decide if the case actually even gets retried .
So was the case mistried because of the carelessness of the well-respected prosecutors, because Clemens is lucky or because deep down Judge Walton immensely dislikes the case and was looking for a reason to "mistry or dismiss it" ? Perhaps Judge Walton truly believes that this was and is "a baseball matter " and that Congress stuck their big noses in a little too far by conducting lengthy hearings on arguably a private matter . Or maybe, two major mistakes by "experienced prosecutors" during opening statements and again while playing a video (which should have been delicately redacted in accordance with the Court's instructions) was too much , too soon and the Judge thought better to end it quickly rather than drag it out with inevitably the same result.
Whatever. Bottom line , the case is mistried, Clemens goes home to Texas, prosecutors are eating an "all you can eat serving of craw" and Clemens' fate will now first rest in the hands of the US Attorney and come September 2nd, in the palms of Judge Walton. A lot of time , money and effort have been wasted. Oh well Roger, you got very lucky through some big time "rookie mistakes "......We'll see how far it gets you.
Remember "Rocket " , the Government is broke, but somehow they'll be able to come up with another $10 million to retry you if need be! Enjoy the summer. Time now to toast Steven Durham, the prosecutor who made it all possible ! Bottoms up.