"ODD, WEIRD AND STRANGE LAWS"

From the best-selling book, "UNDERSTANDING THE LAW: A PRIMER" (2008, iUniverse Publishers), by Attorney Charles Jerome Ware, comes the following funny excerpts:

- In Florida, by statute, having sexual relations with a porcupine is illegal.  (Ouch!!!)
-In Florida, When having sex with another human being, only the missionary position is legal.
- In New York, the maximum punishment for jumping off a building is the death penalty.
- In New York City, it is illegal for a woman to be on the street wearing "body hugging clothing".
- In Alabama, it is illegal to play Dominoes on Sunday.
- Also, in Jasper Alabama, it is illegal for a husband to beat his wife with a stick larger in diameter than his thumb.  (So-o-o humane).
- In Arkansas, it is against the law to mispronounce the name of the state of Arkansas.  (Enacted clearly on a very slow day in the State Capitol.)
- In California, it is illegal to eat an orange in your bathtub.  (Message: PAY ATTENTION when bathing!)
- In Denver, Colorado, it is unlawful to lend your vacuum cleaner to your next-door neighbor.  (How un-neighborly!)
- In Connecticut a pickle, by official definition, is not a pickle unless it bounces.  (The "bounce" is in the pickle.)
- In Georgia, apparently in an effort to avoid indecent exposure, it is illegal to change the clothes on a storefront mannequin unless you draw the shades.
- In Delaware, getting married on a date is grounds for an annulment.  (And stupid, we might add.)
- In Arkansas a man can legally beat his wife, but not more than once a month.
- In Tucson, Arizona, it is unlawful for women to wear pants.
- In New Jersey, it is against the law to "frown" at a police officer.
- In North Dakota, it is illegal to whistle underwater.
- In Monroe, Utah, "daylight" must be visible between partners on a dance floor.
- In South Carolina, every citizen is obliged to carry his gun to church.

"WILL SMITH IN COLUMBIA, MARYLAND"

This past Wednesday evening, July 2th, 2011, I was walking to my home from my neighborhood bar & grill at my golf course here in Columbia, Maryland when suddenly I met my old friend, film icon WILL SMITH, who was taking a nice evening stroll with his daughter.

Will, wife Jada Pinkett Smith, and their children are visiting with Jada's parents in their newly-renovated home not far from my home here in Columbia's Hobbitt Glen neighborhood.

Look for huge and successful entertainment projects from Will Smith and Jada Pinkett Smith in 2012.

As background, it should be helpful to know that Will's wife, actress Jada Pinkett Smith, was born and raised in nearby Baltimore, Maryland.  Her mother, Adrienne Banfied, and her stepfather now live here in Columbia.

Jada Pinkett Smith attended the Baltimore School for the Arts, where she majored in dance and choreography.  One of her classmates was the now-deceased iconic rapper and actor Tupac Shakur.

"CONSUMER LEGAL TIPS AND SECRETS"

The following are excerpts from Attorney Charles Jerome Ware's new book, coming soon in 2011, tentatively titled "Consumer Legal Tips And Secrets".

Attorney Charles Jerome Ware is the former Special Counsel to the Chairman of the United States Federal Trade Commission (FTC).  His national law practice is headquartered in Columbia, Maryland, with other locations throughout the United States and the country of Colombia in Latin America.

1.  Credit Bureaus are not government agencies.  Typically they are private, profit-making companies that collect and sell your personal credit information or credit history.

2.  Credit bureaus make lots of money selling your personal information.

3.  In fact, the selling of your personal credit information is a multi-billion dollar business annually.

4.  The so-called "Big 3" major credit bureaus in the U.S. are Equifax, Experian and TransUnion.

5.  Credit reports are frequently wrong; particularly credit reports generated by the so-called "Big 3" major credit bureaus.

6.  Further, credit reports are always biased against the consumer --- that is, you.

7.  For example, a major bias exists on the part of credit bureaus against the inclusion of positive or good credit information in your credit report or credit file.

8.  In many years of experience, I have yet to see a credit report or credit file that, for example, accurately and truly reflects a positive payment history of anyone.

9.  The alleged "one credit score" for each person or consumer is a myth.  No such thing.  There usually are several "credit scores" at the same moment in time for each consumer, from different money-making credit bureaus.

10.  Your so-called "credit score" is allegedly calculated using a so-called "algorithm": an intimidating word meaning a complex mathematical formula that absolutely nobody understands.

11.  And, it gets worse.  Allegedly this so-called credit score algorithm is "proprietary" in nature.  This means this "algorithm" hocus-pokus is treated like a secret.  A huge money-making secret.

12.  There are probably numerous people around the world who have the individual knowledge and skills to an atomic but virtually no individual has the single knowledge to understand the credit score algorithm (or, I guess, manufacture Coca-Cola).

13.  In general, credit cards should be treated as your ENEMY; not your friend.

14.  Avoid, if at all possible, signing any contract that contains a "confessed judgment" clause.

15.  Remember the wisdom of CONTRACTS: The BOLD (large) print in a contract giveth, and the Fine (small) print taketh away.

"THE IMMIGRATION PARADOX: 15 Tips for Winning Immigration Cases"

Excerpts from this book, published in 2009 by Attorney Charles Jerome Ware, formerly the youngest U.S. Immigration Judge in United States history.

Immigration, and in particular, undocumented or so-called illegal immigration, is a heated subject in modern-day politics.

As a former United States Immigration Judge, I have always been amazed by the lack of knowledge shown by our elected officials particularly, and the American public generally, over the issue of immigration. As a result, I believe, views on immigration tend to gravitate towards the extremes.

In a nation of immigrants, in which the land was taken from the natives by immigrants, the established immigrants either despise new immigrants to the extreme or adopt new immigrants to the extreme. This shortage of centrist immigration views over time has, again, contributed to the “immigration paradox” that I discuss in this book.

"ANDREW YOUNG and MARTIN LUTHER KING III": Client update

Former United Nations Ambassador, U.S. Congressman, Mayor of Atlanta ANDREW YOUNG and Martin Luther King III are on schedule to launch their over-the-air television network, "BOUNCE TV"", this fall of 2011 out of Atlanta, Georgia.  The new network, designed specifically for African-American audiences, is scheduled to air 24 hours a day and seven (7) days a week.

"DONOVAN MCNABB and the Minnesota VIKINGS"

Look for former Philadelphia Eagles and current Washington Redkins quarterback DONOVAN MCNABB to play for the Minnesota Vikings this new National Football League (NFL) season (2011-2012).  Donovan will be a better fit for the Vikings over the Redskins, whish has demonstrated itself to be a less-than-classy football franchise.

"NIGERIA, CAMEROON, OPRAH WINFREY and MPAA": Client Updates by Attorney Charles Ware

NIGERIA:  The illegal drug war in the Federal Republic of Nigeria got a shot of adrenaline (pardon the pun) recently in the Nigerian city of Lagos with the discovery of a large clandestine drug laboratory used to manufacture methamphetamine.  The raid was implemented by Nigeria's National Drug Law Enforcement Agency (NDLEA).

CAMEROON:  The North American Baptist Conference's (NABC's) short-term mission agency, Gateway Teams, is assembling an open team of missionaries that will be heading to the country of Cameroon, West Africa in July-August 2011.  The team will serve together with Cameroonian youth working with children in sports and other opportunities for religious fellowship.

OPRAH WINFREY:  Can "The Katie Couric Show" continue the same magic for ABC affiliates as "The Oprah Winfrey Show", starting in September 2012?

"The Oprah Winfrey Show" ran for 25 seasons and was consistently the highest-rated talk show in television history.

Motion Picture Association of America (MPAA) Ratings Bulletin:

The Ratings:
G:  GENERAL AUDIENCES.  All ages admitted.
PG: PARENTAL GUIDANCE SUGGESTED.  Some material may not be suitable for Children.
PG-13:  PARENTS STRONGLY CAUTIONED.  Some material may be inappropriate for children under 13.
R:  RESTRICTED.  Under 17 requires accompanying parent or legal guardian.
NC-17:  NO ONE 17 AND UNDER ADMITTED.

All information is provided courtesy of the Classification and Rating Administration of the Motion Picture Association

"Client Updates: Attorney Charles Jerome Ware"

Amy Winehouse: Grammy Award-Winning British Pop/Blues singer was found dead in her London home on Saturday, July 23rd, 2011.

Hugh Grant:  Actor/film director Hugh Grant is saying film acting is a "miserable experience" and he may "retire" soon.  Don't count on it.  Hugh's film career still possesses high value.

Danny Glover:  Actor/Activist Danny Glover visited a men's suit factory in Brooklyn, Ohio, in support of the plant's workers.  The factory is scheduled to shut down next month (August) and will lose 375 employees.  Workers at the Hugo Boss plant cheered Danny as he toured the operation in support of them.

Deepak Chopra:  This Fall, Dr. Deepak Chopra, the internationally renowned author and expert on mind-body wellness, brings new meaning to video games with "Deepak Chopra's Leelah".  The new video game, to debut on November 8th, 2011, will blend "ancient philosophies with the newest home entertainment technology".

Donovan McNabb:  Forget the rumors about the Philadelphia Eagles signing the 42-year old Brett Favre as back-up quarterback to Michael Vick.

We have it on good authority that the Eagles will bring back Donovan McNabb as back-up quarterback before even considering Favre for the role.

"CONSUMER LEGAL TIPS AND SECRETS: Avoiding Debtors' Prison in the United States," by Attorney Charles Jerome Ware (2011)

Excerpts from Attorney Charles Ware's soon-to-be-released book, "Consumer Legal Tips and Secrets: Avoiding Debtors' Prison in the United States" (2011):

SURPRISE!  “Debtors’ Prison” (debtors’ imprisonment) exists today in the United States.  That’s right… you can go to jail in the United States today (in the year 2011) over a debt owed, even though you have not committed a crime [Chapter 19, “Avoiding Debtors’ Prison in the United States”].

         

“Produce the note!” is probably the most important phrase or statement a homeowner can make when facing foreclosure on his or her home [Chapter 4, “Fifteen (15) Tips for Avoiding Foreclosure”].  It is no less than remarkable how many times your promissory note on the property can be misfiled, made unavailable temporarily, or even lost between the transfer of your housenote from one creditor (mortgagor) to another.

Credit reports are frequently wrong… and, they are biased against the consumer [Chapter3].

For American credit card holders, the average credit card debt amount per holder has been estimated by some authorities to be $15,788.00 [Chapter 9, “Four (4) Things Not To Do When You Are In Debt”].

            It has been guesstimated by at least on reliable source that it would take more than 40 years for the average consumer to pay off most credit cards by making just minimum payments [Chapter 9].

Client Updates by Attorney Charles Ware: Sir Speedy, Inc. and the Motion Picture Association of America (MPAA)

Sir Speedy, Inc:
Nearly 200 awards were presented to franchises and salespeople on July 6th, 2011 at the "Sir Speedy, PIP, Signal Graphics Convention & Vendor Show" in Las Vegas, Nevada.  The company also received a 2011 Franchise Satisfaction Award earlier this year from Franchise Business Review.

Motion Picture Association of American:
Congratulations to former United States Senator Chris Dodd for his recent appointments as Chairman and Chief Executive Officer for MPAA, which serves as the voice and advocate for the U.S. motion picture, home video and television industries around the world.

"DONOVAN MCNABB AND THE INDIANAPOLIS COLTS"

Despite official reports from the NFL's Indianapolis Colts that the team's superstar quarterback, PEYTON MANNING, is progressing well in his recovery from recent neck surgery, the team is secretly considering its options for a back-up.

The Redskin's Donovan McNabb is being considered, among other NFL quarterbacks, for back-up to Manning.  McNabb's $12.5 million a year salary, however, is a problem.  More to come regarding McNabb, Manning, and the Colts.

"MENSA: The High IQ Society": By Attorney Charles Jerome Ware

OBITUARY of Dr. Lancelot L. Ware, OBE, Fons et Origio of MENSA; Born June 5, 1915, Died August 15, 2000.
Scientist, barrister and polymath, Dr Lancelot Lionel Ware will perhaps be remembered best as the founder of Mensa, the high IQ society. In 1945, a chance meeting on a train between the young scientist and the Australian Roland Berrill, an eccentric enthusiast qualified in Law, led to the formation of a society which today boasts over 100,000 members around the globe.
Dr Ware died unexpectedly at a Surrey nursing home at 7.00 am on Tuesday, 15th August 2000. He leaves a widow, fellow barrister and Mensa member Francesca Quint.
Lance, as he was know to his friends, was born in Mitcham, Surrey, the firstborn of a business man father and musical mother. His father invented a type of artificial leather but lost out in a take-over of the company, leading to Lancelot having to move schools from Steyning School to Sutton Grammar School. A bright young man, he became a Royal Scholar at the Imperial College of Science and Technology, London reading Mathematics and followed this with a PhD in Biochemistry. Medical research with Sir Henry Dale at the National Institute of Medical Research, Hampstead followed as he became a non-clinical medical researcher and lecturer in Biochemistry at St Thomas Hospital, London.
The war interrupted his career and Ware found himself at Porton Down, the secret research establishment. But not for long. He found a way to do in three days what was taking three months, 'so parted company with them'.
Leaving the Official Secrets Act behind, Ware continued working as a scientist at Boots, Nottingham and it was around this time that he became aware of IQ tests - he had a sister Elaine, ten years younger, whom he had to educate, and he took his responsibility very seriously.
In 1945, when war ended, Ware went up to Oxford, to Lincoln College, to read Law. It was here at Oxford on 1st October 1946 that Mensa was formed.
Originally, the intention was to include only the top 1% of the population, but an error in computing standard deviations on tests later led to the 98 per centile becoming the sole qualification for membership of Mensa, as it remains today.
In 1949, Ware was called to the Bar by Lincoln's Inn and he practised in the Chancery field, specialising in intellectual property, copyright and patent matters. He was also very interested in Conservative politics, becoming an alderman of the old London County Council in 1960s, at a time before the GLC was formed. In particular, he was interested in the local authority influence on education. While an alderman, he was appointed as the council's representative on a number of different charity governing bodies, including Imperial College, St Thomas' Hospital, LSE, the City Lit, St Olave's and St Saviour's Grammar School Foundation, the College of St Mark and St John and Wye College. He was also a trustee for many years of the Shakespearean Authorship Trust, concerned with finding out who wrote the works of Shakespeare and at one time, kept the library of works at his flat in Lincoln's Inn. The group is still active.
By 1950, Ware had left Mensa - mostly because he was very busy with his politics and law. However, after Roland Berrill died in 1961, he was persuaded to rejoin the society, though he remained inactive until the 1970s. In 1980, he married Francesca Quint, whom he met when she advised him and his trustees on one of his charities. She is a specialist in the law of trusts and charities.
In 1983, he joined the Athenaeum Club, a meeting place for distinguished intellectuals and bishops. At this time, he was awarded an OBE for services to the Institute of Patentees and Inventors, of which he was Chairman for many years. Francesca Quint says her husband would have thoroughly approved of the new 'global ideas factory' recently announced and licensed by International Mensa to use the Mensa name, which seeks to put inventors in touch with financial backers to realise their dreams. 'He was fascinated by the use of the mind for creative and inventive purposes,' she added.
Ware retired from the Bar in 1985, at the age of 70 and went into an active retirement, living in Surrey, London, Exeter and Surrey again, where he liked to spend time gardening. He was a practical man, keen on doing his own domestic repairs. He built up a collection of useful bits of wood.
In 1987, when a new international constitution was introduced, Lance Ware was given the title Fons et Origo, in recognition of his claim that he had the original idea of the high IQ society. His wealth was books and he had a great collection of them. 'Two things were very important to Lance,'
Francesca Quint said, 'He always believed one should not be ashamed of being ignorant, only in doing nothing about it, and he always assumed that women were completely equal to men.'
Ware loved to meet other Mensans, particularly from other countries, and he travelled extensively through Mensa, visiting Malaysia, Canada, the USA, Bulgaria, France, Slovakia, Hungary, Ireland, Finland, Portugal, Germany and Austria. He visited the latter several times, including most recently and at the age of 84, the 1999 Mensa Austria Charming event. He generally travelled alone. He was a Fellow of the Royal Asiatic Society, a learned society which specialises in the East. "We hope that Mensa will have a role in society when it gets through the ages of infancy and adolescence," said Ware in 1996 while on a trip to the USA to celebrate the Society's 50thanniversary,"But at least it has satisfied its members."
The last honour Dr Lancelot L Ware received was in 1999, being made President of the Mensa Foundation for Gifted Children, a body which combined two of his great interests - education and charities.
Ware had the intellectual versatility one would expect from the founder of such a society as Mensa. Almost until the last, his mind was wonderfully agile - it shone through the ageing process of his body. He played chess, real tennis and rackets and loved classical music and the countryside. One opinion he changed in later life was his feeling towards animals. In early years, he was clearly quite clinical about the experiments he had to carry out on animals in the pursuit of medical research. He later saw animals with more humanity and as deserving of respect.
Ware wanted to leave his body to St Thomas' Hospital for research, but regretfully that wish could not be granted, as his sudden death required that an autopsy be performed.
As Lancelot Ware was the founder of Mensa, Victor Serebriakoff, who died on January 1st, was surely the builder. There had been a difference in outlook between the two men over the years, which at times was quite visible.
However, they did make up their differences in the end, with Serebriakoff inviting Ware to lunch at his home at the Paragon, London, from which trip Ware came back well disposed towards his old rival. It is ironic that both of the grand old men of Mensa died in this Millennium year. Mensa will never be the same without them.
The cremation will take place next Wednesday 23rd August at Guildford Crematorium, at 3.30pm. No flowers by request and donations should be made to an animal or environmental charity of choice.

"JENNIFER LOPEZ AND MARC ANTHONY"

Despite their announcement of a DIVORCE after seven (7) years of marriage, singer/actress/dancer Jennifer Lopez and singer/actor Marc Anthony will still launch their first television project, iQ'VIVA!, in which the two stars travel throughout Latin America searching a la "American Idol" for undiscovered talent.

"SIMON COWELL": Judging of the Judge by Attorney Charles Ware

Look for former "American Idol" judge Simon Cowell to pull out all the tops for his latest entertainment venture, the high-stakes television show on FOX network, "The X Factor".  He will be an on-air participant.

The winner of Simon Cowell's new game show on FOX will receive a $5 million SYCO record contract deal.  FOX television alleges that this will be the largest guaranteed prize in television history.  Cowell's new "X Factor" show format has proven itself already in several countries since its debut in 2004 in Great Britain.

SYCO is a joint venture between Cowell and Sony Music.

FOX, of course, is a subsidiary of News Corporation, which is currently in the throes of a scandalous bribery, eavesdropping, telephone hacking, and influence-peddling investigation in Great Britain.

"DONOVAN MCNABB UPDATE": Attorney Charles Ware

As the National Football League (NFL) season approaches, assuming the "lock-out" ends in time, look for current Washington Redskin quarterback Donovan McNabb to be traded to either the Eagles, the Vikings, or the Tennessee Titans in a back-up capacity.

"FBI INVESTIGATES MURDOCH AND NEWS CORPORATION"

In light of, and in response to, the tabloid "News of the World" bribery, and telephone hacking scandal in the United Kingdom (U.K.), the Federal Bureau of Investigation (FBI) is now investigating billionaire publisher Rupert Murdoch and News Corporation, parent of the now-defunct tabloid "News of the World."

The official FBI statement in the matter is that it is investigating whether "News of the World" has hacked into telephones of 9/11 victims here in the United States.

Apologies and Resignations from New Corporation continue as a result of the scandal:

The Wall Street Journal
July 16-17, 2011

Friday's Developments

• Two top News Corp. executives resign: Dow Jones CEO Les Hinton, former head of the News International unit, News International, and the unit's head, Rebekah Brooks.
• News Corp. Chairman and CEO Rupert Murdoch meets with the family of a murdered girl whose phone was allegedly hacked, and apologizes.
• News Corp. planned to run a full-page advertisement in U.K. papers Saturday, in which Mr. Murdoch apologizes for 'the serious wrongdoing that occurred' at the weekly News of the World, and expresses regret for not acting sooner to address the issue.

The News That Shook the World

July 4: A lawyer for murdered teen Milly Dowler's family says he learned from police that her voice-mail messages had been hacked, possibly by a News of the World investigator.
July 6: U.K. Prime Minister David Cameron says he is 'revolted' by allegations that private investigators from the paper eavesdropped on the voice mails of victims of crime.
July 7: News Corp. announces it will close down the News of the World. The July 10 edition of the weekly paper was the last.
July 8: Mr. Cameron announces two inquiries, one on the hacking scandal, another focusing on press regulations. Former News of the World editor and ex-Cameron aide Andy Coulson is arrested in connection with the scandal.
July 10: Mr. Murdoch flies into London to handle the crisis.
July 12: Former British Prime Minister Gordon Brown accuses News International of employing criminals to obtain confidential information about his family. News International defends its journalism.
July 13: Under U.K. political pressure, News Corp. withdraws its bid to buy the 60.9% of British Sky Broadcasting that it doesn't already own.
July 14: Rupert Murdoch and son James Murdoch agree to testify at a parliamentary hearing to answer questions about the company's phone-hacking scandal. In the U.S., the FBI said it would open a probe into whether News of the World might have hacked into phones of 9/11 victims.

"THE ECONOMIST, RUPERT MURDOCH, NEWS CORPORATION: Charles Ware's Update"

Billionaire Rupert Murdoch's publishing empire in Great British is under siege.  His publishing empire in the United States---including newspapers, magazines, television stations and film studios, among others---will soon be.

Look for Murdoch's hugely successful FOX enterprises to come under attack immediately.

Increasingly, British actor and film director Hugh Grant is becoming a hero in the Murdoch/News Corporation bribes and eavesdropping scandal involving the British tabloid "The News of the World."

Recently Rebekah Brooks, the editor of the "News of the World" was arrested in London for her alleged role in the mushrooming scandal.  Look for more arrests to come.

For more information, follow Charles Ware's Blogs and Twitter:

Charles Jerome Ware

http://charlesware.blogspot.com/2011/07/lawyers-mailbox.html

http://thelawyersmailbox.blogspot.com/

http://twitter.com/CharlesJWare

http://open.salon.com/blog/charlesjware

"OBAMA RE-ELECTION: MARYLAND---Attorney Charles Ware"

Maryland OBAMA RE-ELECTION Campaign volunteer Charles Ware reported today on his firm's blog that President Barak Obama has raised over $86 million over the past twelve weeks for his campaign.

While the final numbers are incomplete at this point, President Obama has likely outraised the combined GOP Republican field during the same period.

Beyond the traditional campaign cash contributed to candidates.  Both the Democratic and Republican parties are maneuvering aggressively to compete for the unlimited contributions from wealthy donors, unions and private companies.

"BLACK CAPITOL HILL POLICE LAWSUIT BACK IN COURT"

By Askia Muhammad
White House Correspondent
Updated Dec 9, 2003 - 4:15:00 PM
WASHINGTON (FinalCall.com) - Black officers in yet another federal law enforcement branch are returning to court in order to settle racial discrimination allegations against their employer.

Attorneys representing more than 350 Black U.S. Capitol police officers headed back to court Dec. 5, pursuing their two-year-old discrimination lawsuit after 11 months of fruitless settlement negotiations.

"It is unfortunate that nearly a year of valuable time and significant client funds were wasted after Defendant’s in-house counsel professed a desire to settle this case" in January 2003, attorneys Joseph Gebhardt and Nathaniel Johnson wrote in a letter Nov. 14 to a U.S. District Judge, requesting a hearing in order to return their case to the active litigation calendar, according to a published report.

They say the U.S. Attorney’s office has dragged its feet, and that the Capitol Police Department refuses to provide any payments to the numerous active and retired officers. They allege that the department also refuses to create an oversight board to monitor the settlement reached in any agreement, and refuses to provide a forum for the officers, the Capitol Police Board and its Chief to hold quarterly meetings "in order to engage in high level discussions on ending discrimination and retaliation."

Channing Phillips, a spokesman for the U.S. Attorney’s office, which represents the Capitol Police Board, declined to comment on the case because it is still being adjudicated.

The U.S. Attorney’s office did file a motion in 2002 seeking to dismiss the case entirely, citing the 1995 law which supposedly protected legislative branch employees under 11 civil rights workplace and anti-discrimination laws. Until the 1995 law took effect, Congress had exempted itself from most provisions of the civil rights laws it requires private-sector employers and even other government agencies, to obey.

This action by Black Capitol police officers is not the first such case. During the last 20 years, Blacks in every single federal law enforcement branch have filed class action suits alleging racial discrimination in promotions, discipline, awards, assignments, hiring, terminations, performance evaluations, training assignments, hostile work environment, and retaliation against them for their equal employment opportunity activities.

A similar class action lawsuit was filed in U.S. District Court recently against the Secret Service. The Federal Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco and Firearms (ATF) settled class-action racial discrimination cases during the 1990s, but ATF agents went back to court last year, claiming that the federal government had refused to make all agreed-upon payments to the Black officers.

"With little or no positive and unbiased recruitment of African American males and females and other minorities, the Capitol Police will continue to be a modern day version of a 19th Century Southern Plantation in law enforcement," the original 47-page Black Capitol police complaint said. The horror-story-laden lawsuit includes accounts from long-time veteran officers.

"You have, basically, a renegade police department up here, that’s been operating under the protection of Congress," Charles J. Ware, the attorney who first represented the U.S. Capitol Black Police Association, said at the time the suit was announced.

The complaint alleges that officers have been denied promotions because of their race or sex, that the officers were subjected to a hostile work environment, that some officers were wrongly fired and some were subjected to sexual harassment. "The Chief, Deputy Chief and the assistant chiefs, are all White males, and (are) all involved in this conspiracy of protecting their fiefdom, for up-and-coming White males," said Mr. Ware.

At the time the lawsuit was first filed two years ago, one veteran Black officer told The Final Call that whenever he sought a promotion, bogus charges would be filed against him in order to clutter up his personnel file, although no charge has ever been substantiated against him.

"The Capitol police force has proven over and over that it is capable of intimidation, reprisal; that’s part of our complaint," said Mr. Ware. "That’s part of the hostile work environment that has persisted in the Capitol Police Department that has persisted forever, going back to the first time that the first Black person became a police officer. To the extent that there is reprisal and intimidation, they only serve to make our case. We expect that. That’s what we’re suing for. That’s part of the problem."

The force has 1,200 members, of whom 357 (or 29 percent) are Black, according to the complaint. In the higher ranks—detective and above—Blacks hold 32 of 244 slots (or 13 percent), which is down from 16 percent of those slots held by Blacks in 1993.

FCN is a distributor (and not a publisher) of content supplied by third parties. Original content supplied by FCN and FinalCall.com News is Copyright 2009 FCN Publishing, FinalCall.com. Content supplied by third parties are the property of their respective owners.

THE LAWYER's MAILBOX

Attorney Charles Jerome Ware has been consistently rated as one of the "best lawyers in the United States."

For eight years in the 1990s, Attorney Charles Ware hosted the extremely popular legal advice radio program "The Lawyer's Mailbox"; the Number One (#1)legal advice radio program in the Mid-Atlantic Region,on WEAA - 88.9 FM, Morgan State University Radio in Baltimore, Maryland.  Mr. Ware is a multiple recipient of the prestigious " Charles Hamilton Houston Award for Outstanding Litigation ". "Charles Ware is MENSA-smart...and one of the best lawyers in the Nation."

Representative Clients:

The Federal Republic of Nigeria

Dr. Deepak Chopra

Washington Metropolitan Area Transit Authority (WMATA)

Minority Business Enterprise Legal Defense and Education Fund, Inc.

Charles Jerome Ware, PA
10630 Little Patuxent Parkway, Suite 113
1000 Century Plaza Building
Columbia, MD 21044-3273
Phone:  410-720-6129
            410-730-5016

FEDERAL AGENCIES SLOWLY SHIFTING TO FIXED-PRICE CONTRACTS

In an email message on yesterday, July 12, 2011, Attorney Charles Ware briefed the firm's government contracting clients with the following report:

"FEDERAL AGENCIES SLOWLY SHIFTING TO FIXED-PRICE CONTRACTS"

Federal Agencies in 2010 spent a billion dollars less on time-and-materials and labor hours-type contracts.

The Office of Federal Procurement Policy sent a report to Congress Monday detailing the decline to $28 billion from $29 billion in 2009.

"Heightened attention by agency management is helping the government to stabilize its total expenditures through high-risk contracts," wrote Dan Gordon, OFPP administrator, in the report. "In FY 2010, the percentage of dollars awarded in new T&M/LH contracts dropped by 19 percent when compared to the same time period in FY 2009."
OFPP found that while time-and-materials and labor hours contract types dropped last year, overall, cost reimbursement type contracts-which T&M/LH are categories within the type-increased by $9 billion.
"This report will give more accurate information about competition. In the current report, which will be superseded, if an umbrella contract was competed, task orders under may be automatically reported as competed even if they weren't," Gordon said in an exclusive interview with Federal News Radio before the report came out. "That tended to lead to inflated numbers about competition and we want competition up, but we want it to be factually correct. This new report corrects that mistake. If an umbrella, IDIQ contract for example, was competed, but they individual orders were not compete under the fair opportunity process, those orders will show up as uncompleted so the data will e more accurate and more useful."

Gordon attributed that increase to better reporting by agencies, not necessarily an increased use of these types of contracts.

"Although the Federal Procurement Data System (FPDS) shows annual obligations increasing under cost-reimbursement contracts, from $151 billion to $162 billion, between FY 2009 and FY 2010, OMB believes the FY 2009 figure may be underreported by as much as $9 billion, meaning that the increase was much less than the FPDS numbers would indicate," Gordon wrote. "A report from the Government Accountability Office (GAO) explains that $9 billion of federal spending on cost-reimbursement contracts in FY 2008 was separately reported in FPDS under 'combination' contracts, which allow the parties to choose the appropriate pricing structure - fixed-price, cost-reimbursement or T&M/LH - for individual work orders."
Gordon told lawmakers that some increase in cost reimbursement type contracts was expected as agencies moved away from time-and-materials and labor hours type contracts.

He said agencies had a level of uncertainty regarding their requirements and that prevented them from moving to a fixed price type of deal.

"When you compare fiscal '09 to fiscal '10, using the same methodology, you'll see an increase in competed dollars, which is good news, we are succeeding in driving the use of sole source contracts," he said in the interview. "The percentage and dollars will be lower if you compare the old report to new because it was reported things as competed when they weren't. It was a methodological glitch that we said we need to fix."
The administration mandated agencies reduce these types of contracts. In July 2009, the Office of Management and Budget told agencies to reduce new cost type contracts, including modifications of task and delivery orders, by 10 percent in 2010, and save $40 billion by either stop using these high risk contracts or renegotiating them between 2010 and 2011.

The report comes on the heels of OMB requiring agencies to cut 15 percent of their management support services contracts.

"In FY 2010, the percentage of dollars awarded in new T&M/LH contracts dropped by 19 percent when compared to the same time period in FY 2009," Gordon wrote. "However, the relative share of dollars awarded in new cost-reimbursement contracts during this same period increased by 2 percent. These figures reflect an adjustment to account for the combination contracts noted above. Fifteen of the 24 Chief Financial Officers Act agencies reported a decrease of at least 10 percent in one or both categories. Several agencies also reported savings in connection with shifting away from cost-type contracts to fixed-price contracts by using their knowledge of historical costs paid under prior cost-type contracts."

Gordon highlighted two agencies for their efforts to reduce high risk contracting. He wrote the Commerce Department recently instituted a tiered risk management review process to give greater scrutiny to acquisitions that are deemed riskiest based on dollar value and criticality to mission accomplishment. And NASA relies on a "master buy" database to increase its headquarters' visibility into and understanding of its components acquisition plans and strategies.

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Any questions or comments are invited.  Please contact Attorney Charles Ware and his associates at (410) 720-6129 or (410) 730-5016.

"HUGH GRANT: UNREPENTANT"

British actor and film director Hugh Grant has apparently "turned the tables" on billionaire publisher Rupert Murdoch's tabloid empire in a couple of ways.

The New Statesman newspaper in London has a very interesting article by Hugh on the issue of Murdoch's tabloid newspaper "News of the World" telephone hacking scandal, involving unlawful eavesdropping on the Royal family, celebrities, like Grant, and even everyday victims of crime.  Apparently Hugh was bugged by reporters so much that he turned the tabled and bugged the bugging reporters.

Look for Murdoch's troubles to cross the ocean and affects his FOX NEWS and FOX TV & FILM enterprises here in the U.S.

"OPRAH WINFREY and OWN"

Effective this Fall 2011, entertainment icon OPRAH WINFREY will add the roles of Chairman and chief executive officer (CEO) of her cable network, OWN.

Further, in a major effort to bolster the new network's sagging cable ratings, Oprah is transferring her major administrators from her highly successful HARPO entertainment company to OWN (The Oprah Winfrey Network), HARPO's Erik Logan and Sheri Salata now join OWN immediately as joint-Presidents.

All future HARPO television projects will be produced by OWN. 

"UPDATE: HUGH GRANT and 'The News of the World'"

Actor and film director Hugh Grant has been asked to assist London police in a legal inquiry into allegations that British tabloid "The News of the World" repeatedly hacked into the telephones of numerous news-makers in England, including celebrities such as Grant as well as a murder victim.

The scandal has continued to explode and expand, raising demands from the British public that executives at News Corporation, owners of "The New of the World", resign.

Look for this scandal to expand to FOX News here in the U.S., which is also owned by Rupert Murdoch, the billionaire owner of News Corp.

Retaliation is feds' most common EEOC complaint

Retaliation was the most common discrimination charge against a federal employer last year, according to a report by the Equal Employment Opportunity Commission.
Allegations of retaliation saw a 2.7 percent increase in fiscal year 2010 over the previous fiscal year, according to an EEOC release.
"The federal government should be a model workplace," said Dexter Brooks, director of the EEOC's Federal Sector Programs, in a statement.
Brooks added, "We caution all federal agencies to make sure that reprisals do not become the usual response to complaints of discrimination."
In FY 2010, the EEOC received 17,583 complaints against the federal government - up nearly 4 percent from the previous year.
After retaliation, age and race discrimination were the next most frequent allegations.
The three large agencies with the most complaints as a percentage of workforce size were Labor, the U.S. Postal Service and Social Security Administration, respectively. Among medium-sized agencies, the highest complainant rates were at the Government Printing Office, EEOC and the Broadcasting Board of Governors.

“Medical Malpractice: Heart Procedures”

According to results of a study published in the Journal of the American Medical Association on July 5th, 2011 at 20,000 heart patients treated with angioplasty procedures do not get "any benefits".  The study reports that outside of heart attacks, physicians are frequently too quick to use the angioplasty procedure.  The average price for the procedure is $20,000 each). [WSJ, Wednesday, July 6th, 2011, P. A1].

“CHOPRA’S 7 LAWS”

Dr. Deepak Chopra's book, “The Seven Spiritual Laws of Success --- A Practical Guide To The Fulfillment of Your Dreams” (1994) continues to be a best-seller.  Dr. Chopra, a client of Attorney Charles Ware, is known internationally for his groundbreaking lectures and books which blend physics & philosophy, that practical and the spiritual, venerable Eastern wisdom and cutting edge Western science with dynamic results. 

“DONOVAN McNABB MAY RETURN TO EAGLES – Charles Ware”

The Washington Redskins have famed quarterback Donovan McNabb's $12.5 million a year contract --- for now. However, should things not work out for McNabb and the Skins, look for him to return to the Eagles---home.

“Howard County Leadership Program – Charles Ware”

Attorney Charles Jerome Ware was an original graduating member of the first class (1985-1986) of "Leadership Howard County".  This first class included 28 participants. Leadership Howard County's ("LHC's") signature program, since the original 1985-1986 class:

Leadership Howard County’s (“LHC’s”) signature program, since the original 1985-1986 class, draws together business/community leaders from diverse backgrounds to examine and discuss challenging issues while enhancing their leadership skills. 

“TWITTER---Charles Ware”

TWITTER, the light-speed growing Internet messaging service is presently in business negotiations to raise additional private financing.  This new round of private financing could raise TWITTER'S valuation to over $1 Billion. 

TWITTER, a San Francisco-based website, offers a wildly and widely popular social networking and microblogging service.  Twitter enables its millions of users to send and read messages called "tweets".  Tweets are text-based posts of up to 140 character displayed on the user's profile page.

TWITTER was produced in March 2006 by Jack Dorsey and launched in July 2006.

“MENSA – Charles Ware”

MENSA was founded in England in 1946 by Roland Berrill, a barrister (English lawyer) and Dr. Lance Ware, a scientist and lawyer.  Today, there are around 110,000 Mensans in 100 countries throughout the world.

The original aims of Mensa were as they are today to create a society that is non-political/free from all racial or religious distinctions.  There is simply no one prevailing characteristic of MENSA members other than high IQ.

“MACARTHUR GRANTS---Charles Ware”

There is $500,000 per person available to anyone who wants to spend it virtually any way he or she fees fit---so long as it’s lawful.  With one catch: the recipient must be a "genius".  The John D. and Catherine T. MacArthur Foundation awards the $500,000 merit-based fellowships or grants annually to multiple recipients. 

The national law offices of Charles Jerome Ware, based on Columbia, Maryland, have represented several geniuses over the years.

The 2011 MacArthur Fellows (awardees, grantees, recipients) will be announced on September 20, 2011.

“TWITTER FOR BEGINNERS” --- Attorney Charles Ware

1. You can access Twitter from your computer, iPhone, Blackberry, or any mobile phone with internet access.  You can even text "tweets" from any cellphone with SMS capabilities.

2. Twitter is available: (a) Device --- Access Point (b) Web --- http://www.twitter.com.  (c) Mobile phone (with Internet access such as an iPhone or Blackberry) --- http://m.twitter.com (d) Mobile phone (texting) --- 40404

3. Twitter Guidelines: Twitter, or "Twitterverse", does not have many rules. However, there is such a thing as "Twitter Etiquette".

(a) Writing tweets of no more than 140 characters is a must.

(b) Generally, say what you think and are doing.

(c) Tweeting more than one word is usually helpful for understanding.

(d) Pay attention to what your Tweet friends are saying.

(e) Respond to other Tweets only when you believe you can add value to the conversation.

(f) Update your status at least once a day.

(g) Be truthful and honest about the information you decide to volunteer in your Tweets, including your pictures.

(h) Make sure other Twitter users you are referring or speaking about are made aware that you are speaking about them.  Make sure that whenever you are referencing another Twitter user, use his or her name with an @ sign in the front so that the user can see that you mentioned her or him and so that other users can see whom you are talking about.

(i) Use hashtags to give context to updates that may not make sense otherwise

4. Twitter "Do Nots":

(a) Avoid creating the impression on Twitter that you are a spam account.  In other words, bad Tweets and poor Twitter practices frequently show up within microblogging communications.  When you first sign up and before you start regularly Tweeting, do not follow hundreds of people.  Generally, when you follow someone on Twitter, they will check out your profile to see whether they want to follow you back.  If they see that you have tweeted once/twice and you are following hundreds of people, they may begin to think you are just a spam account.

(b) Start your tweeting slowly, following persons you know and who know you.

(c) Avoid using punctuation in your username. Typing punctuation on mobile devices is simply difficult.

(d)  DO NOT SHARE INFORMATION THAT YOU MIGHT REGRET SHARING WITH THE PUBLIC

(e) Do not Tweet an update when a direct message or response to someone is more appropriate.

(f) It is not necessary to publicly thank everyone of your followers on Twitter. Relax!

(g) Remember: "Twitter success" does not necessarily equate to a large following on Twitter.