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Bingoloid

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  1. Bingoloid

    Desperate John Akshar trying to defend Battisti

    I'd drink Akshar Brau, though only in an ironic, hipster way.
  2. Bingoloid

    Desperate John Akshar trying to defend Battisti

    What? This can't be true. Fred has too much integrity to do something like that. LOL.
  3. If I'm wrong, I'm wrong, but the statute is clear and this agrees with every other source I found that the only requirement is $400, at which point the prosecutor can bump up the charge if they feel like it. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=594. "(b) (1) If the amount of defacement, damage, or destruction is four hundred dollars ($400) or more, vandalism is punishable by imprisonment pursuant to subdivision (h) of Section 1170..." A bit ago, it was widely reported that the Los Angeles Police Department recommended felony vandalism charges against Justin Bieber for egging his neighbor's house, as damages ended up estimated around $20,000 due to the home's expensive plaster having to be replaced. (Prosecutors declined) https://www.latimes.com/local/lanow/la-me-ln-justin-bieber-egg-case-expert-20140709-story.html $20,000 is a lot of money, but it's also money that can be repaid by the perpetrator and the damage repaired - and it's somewhat odd to reason that egging someone's worthless shack is somehow inherently less criminal than egging a mansion. In neither case is the perpetrator benefiting from the money, and they're both someone's private home. In New York, the cutoff is actually lower, at $250: http://ypdcrime.com/penal.law/article145.htm?zoom_highlight=145#p145.05 Obviously, most of these get plead down, but my point is simply that in a rush to enact tougher sentences, we've stretched the meaning of "felony" beyond all recognition. It is historically a class of crime that was meant to have serious and permanent consequences. Blackstone wrote that it had come to mean crimes punished by hanging - along with the forfeiture of their property. It can now mean incredibly little. As a result, you have a situation where there are many convicted felons who, to a reasonable observer, did something wrong but not proportional to the lifelong stigma that comes with a felony conviction after they've served their time, and a lot of people who are understandably sympathetic to their situation and want to help them by reducing that stigma. In my view, this is the wrong solution to the right problem. I don't believe that we should need to leave it to voir dire. This has been and should be settled by statute and limited to crimes that really need to carry a lasting stigma and represent such disregard for other people that the perpetrator's participation in civic life is no longer acceptable.
  4. Exactly. The idea that there's such a thing as "felony car keying" is ridiculous, as if some time in county and restitution wouldn't make that right. Yet, according to the article, the bill in question makes no distinction between violent and non-violent felony offenders, and also includes parolees, which, if true, is absurd.
  5. Here's a radical thought: The medieval origin of the word "felony" meant giving up the entirety of your property and goods. It was reserved for crimes serious enough to justify stripping you of everything you had. The problem isn't that felons should have their rights to vote, serve on juries, and carry firearms restored. It's that too many things have become felonies despite not actually being serious enough to justify the lifelong consequences of having a felony record.
  6. I don't want to count chickens before they're hatched, but Battisti's circle seems to be getting upset and agitated. More and more I'm noticing people on Facebook, often with familiar surnames and friends, just outright brigading public posts about Korchak and hurling insults.
  7. Bingoloid

    19 year old JC trustee Benjamin Reynolds hits the sauce

    There we go. I was experimenting with Johnnie Walker, the gateway scotch. Kid's father should sit him down and have a talk with him about life choices. Wouldn't want to see anybody go down this dark road and end up with a man-bun. (...and in case somebody missed it, I'm just busting the kid's balls. I agree with OTR, non-issue here.)
  8. Bingoloid

    19 year old JC trustee Benjamin Reynolds hits the sauce

    I'm mainly concerned that a young man would be seen drinking White Claw, the beverage of choice for 30-something soccer moms who think they're hip. Maybe there's something to all this about our youth getting too much soy in their diet.
  9. Benjamin Bergman hysterically chewing the scenery about this on Facebook is some laughable nonsense. Did he already forget that Tom Jackson just torpedoed a felony conviction against a child sex predator by mishandling paperwork - after he'd taken it all the way through trial without detecting the error, wasting spectacular amounts of time and money? The case was already being retried because the last time around, under the previous District Attorney, the defendant had been mistakenly charged with a crime that didn't even exist when most of the events took place. The Gang That Couldn't Shoot Straight failing victims by putting on entire bogus trials that never stood a chance, yet walking the halls wailing over a mistaken signature that did no harm? What a joke.
  10. Bingoloid

    Paul Battisti's law school loses ABA approval

    I was wondering when he suddenly turned into a jaded, hard-drinking, thrice-divorced newsman from a film noir. Last time I saw him he looked like he'd dropped out of high school for this job. ...and what's up with WICZ not being able to reliably transmit from inside their own studio? That seems like something to fix.
  11. Bingoloid

    Paul Battisti's law school loses ABA approval

    I thought they both put on a polished performance this time, but Battisti is just unable to shake his scumminess. He tried to be more direct but still becomes evasive and starts throwing around pseudo-legal jargon when he's out of his depth to try to sound smart, as he always does. At one point, he referred to something as "separate, but equal" and I physically cringed. That means something else, Paul. It didn't even really make sense. I'm aware of at least one client who Mike Garzo actually pulled aside and warned that what Paul was telling them was nonsense. Korchak comes cross as a person who knows how to relate to other people. You can tell he's explained difficult things to juries and to crime victims and knows what people are like. Battisti is a creep with a big ego and can't hide it.
  12. Bingoloid

    Paul Battisti's law school loses ABA approval

    In fairness to Paul, he was much better in this debate than he was at SUNY Broome. His father has a long tradition of showing students what they look like on camera to help them improve and you can tell he actually prepped this time. It proves what I've always said, that he could be a real legal ace if he just buckled down and gave it the old college try. Some other college, I mean.
  13. Bingoloid

    Battisti fundraiser tonight... EMBARRASSING turnout!

    If true, it's interesting. Battisti was purportedly dumping real estate held through LLCs when his bills started going unpaid in 2014, yet the taxes didn't get paid off, and the IRS liens were filed against them both. Given the penalty structure at the IRS, there's something that smells strongly about all this. According to the Broome County Clerk's records and Zillow, Battisti's mortgage on the home they bought together was in the amount of $230,000 on a $375,000 property, suggesting about $145,000 in equity. Why wouldn't you take out a low-interest mortgage to avoid harsh IRS penalties on the debt you began accruing the very next year? Marrying and owning a property jointly allows you to double the protected equity in a bankruptcy, up to $170,000. An amortization calculator shows that they'd hit around $170,000 in equity after about six years on a 30-year mortgage. Incidentally, New York's lookback period to detect fraudulent transfers designed to cheat creditors in a bankruptcy is...six years. A cynic might suspect that their long-term plan was always to get rid of everything that could be seized, run up the bills, declare bankruptcy, and screw everybody good, including the federal government. As for the short skirts, Paul's wife should check and see who's single up at the airport. Handling that kind of baggage should only be attempted by a trained professional.
  14. Bingoloid

    Battisti fundraiser tonight... EMBARRASSING turnout!

    Oh, wow. Is this for real? I hope the tumbleweed tumbling by in the distance brought its checkbook. ...and Clyde, that's what I think, too. His social media activity is astroturfed with parolees and registered Democrats. The game-playing with the signs has been absurd.
  15. Sure, years after he stopped paying the bill, evaded collections, and made Capital One sue to secure a judgment. Look, I'm going to state a series of unrelated and uncontroversial facts: - New York, like most states, has tough rules governing the handling of retainers and an attorney's obligations to be transparent with a client about what has happened to their money. In general, non-refundable retainers for handling specific matters are not uhpheld in court and constitute grounds for a disciplinary proceeding. http://www.newyorklegalethics.com/lawyer-ordered-to-return-unearned-part-of-retainer/ - There is an extensive pattern of complaints in which people claim that Battisti took their money then cut contact when the clients became suspicious of his work product and requested an explanation, an accounting, and/or a refund of the unearned balance of their retainer. A common theme in some of these complaints is that Battisti misled them about what they were going to be agreeing to in order to hurry them into plea deals after doing only a minimal amount of work. - Public records show Battisti has been falling behind on his bills, even small ones, since at least 2014, following the purchase of a $375,000 home. He makes creditors pull teeth to recover, but then seems to magically find the money on short notice when forced to do so. - The misuse of unearned retainers is a common problem. Schemes of this type tend to start off as a "one-time thing" to borrow some money to spackle over a tight money situation with every intention of putting the money back, but the perpetrator usually can't rein in their lifestyle and they just end up further and further in the hole until they are finally detected by authorities. https://www.thebalancesmb.com/common-iolta-mistakes-2151215 I wouldn't want to jump to any conclusions here, but I certainly can't help it if others look at these facts together and draw their own. The walls have seemingly been closing in on his finances. https://www.dailyfreeman.com/news/police-blotter/lawyer-from-kingston-jailed-on-grand-larceny-charges-in-poughkeepsie/article_23594c4a-405d-11e9-b2b5-3fab6f1363fd.html
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