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Friday, May 23, 2008

A controversial development training course called “Landmark Forum” is cited in religious discrimination lawsuits in United States federal courts in New York and Washington, D.C. The seminars are run by a San Francisco, California-based for-profit training company called Landmark Education. The company evolved from Erhard Seminars Training “est”, and has faced criticism regarding its techniques and its use of unpaid labor. The sperm bank and surrogacy company Los Angeles-based Growing Generations is named as a defendant in the New York lawsuit, and the Democratic political action committee Twenty-First Century Democrats is a defendant in the Washington, D.C. case.

In separate lawsuits filed in the United States District Court for the Southern District of New York in Manhattan, New York, and in the United States District Court for the District of Columbia in Washington, D.C., former employees are suing their employers for monetary damages and claiming religious discrimination after their employers allegedly mandated that they attend courses at Landmark Education.

In the US$3 million federal lawsuit filed in New York, Scott Glasgow is suing his former employer Growing Generations and its CEO Stuart Miller. Growing Generations maintains sperm banks and also arranges surrogacy for gay couples who wish to have children. The company has offices in New York and Los Angeles, and has done business with celebrities including actor B. D. Wong of Law & Order: SVU.

Glasgow was marketing director of Growing Generations, and claims he was fired in June 2007 after refusing to continue attending Landmark Education seminars. Glasgow is also suing for sexual harassment, and claims Miller came on to him in September 2006. He made approximately $100,000 per year as the company’s marketing director, and was the company’s only employee based out of New York City. The company’s main offices are in Los Angeles.

“I was shocked when I was fired. It took me months to right myself. I want them to stop imposing Landmark on the employees, and I want an apology,” said Glasgow in a statement in The Village Voice. Brent Pelton, one of Glasgow’s attorneys, stated that: “The Landmark philosophy is deeply ingrained in the culture of the company”. Glasgow said that the Landmark Education training courses were “opposite” to his Christian beliefs. According to Glasgow he was questioned by Miller in May 2007 after he walked out of a Landmark Education course, and was fired shortly thereafter. “We stand by the allegations contained in the complaint and we look forward to proving them at trial,” said Pelton in a statement to ABC News.

Ian Wallace, an attorney who represents Growing Generations, claimed that Glasgow wasn’t fired but walked away from his position. “Growing Generations and Mr. Miller are very confident that these claims will be dismissed ultimately, and there’s no factual basis for them whatsoever,” said Wallace in a statement to The Village Voice. Lawyers representing Growing Generations and Stuart Miller declined comment to The New York Post, and did not immediately return a message from ABC News.

In Glasgow’s complaint, entered into federal court record on April 18, he asserts that Landmark Education constitutes a “religion”, and “perceived their philosophy as a form of religion that contradicted his own personal beliefs”. He states that when he was promoted to Director of Marketing, he asked Miller if he could stop attending the Landmark sessions but was told that they were mandatory for all of the company’s executives and that Landmark is “very much the language of the company.” Glasgow said his performance at the company was assessed based on how he was “touching, moving and inspiring” others, a phrase from the Landmark philosophy, as opposed to his business accomplishments at the company. The complaint claims that the actions of Miller and Growing Generations violated Federal, New York State and New York City civil rights laws.

The lawsuit filed in federal court in Washington, D.C. deals with a separate plaintiff and company, but the plaintiff in the suit also claims that religious discrimination took place for allegedly being mandated to attend Landmark Education courses. Kenneth Goldman is suing the United States Democratic political action committee Twenty-First Century Democrats (also 21st Century Democrats) and its former executive director Kelly Young. Goldman was formerly the communications director of 21st Century Democrats.

According to Goldman’s complaint, three employees of 21st Century Democrats were fired after refusing to attend the Landmark Forum course. The complaint asserts that Landmark Education has “religious characteristics and theological implications” which influenced the mission of 21st Century Democrats and the way the organization conducted business. Goldman’s complaint states that in addition to himself, a training director and field director were also fired after they made it clear they would not attend the Landmark Forum.

Goldman says executive director Young infused Landmark Education jargon terms into staff meetings such as “create possibilities”, “create a new context”, and “enroll in possibilities”. He also claims that Young “urged” staff members to participate in Landmark Education events outside of the workplace, drove employees to and from Landmark functions, and used funds from 21st Century Democrats to pay for employees to attend those functions. Goldman’s complaint asserts that he was discriminated against in violation of the District of Columbia Human Rights Act.

In a statement in The Washington Times, the executive director of 21st Century Democrats, Mark Lotwis, called the lawsuit “frivolous” and said: “we’re going to defend our organization’s integrity”. Landmark Education spokeswoman Deborah Beroset said that the Landmark Forum “is in no way religious in nature and any claim to the contrary is simply absurd,” and stated: “While we are not a party to this lawsuit and have no firsthand knowledge of it, we can only assume that we are being used as a legal and political football to further the plaintiff”s own financial interests.”

The New York lawsuit was filed April 14, and is still in early filing stages. A conference with the federal court judge in the case has been scheduled for June 17. The Washington, D.C. suit began in November 2007, and entered mediation this past March. As of April 15 the parties in the case were due back to court on July 11 to update the court on the mediation process.

Landmark Education is descended from Erhard Seminars Training, also called “est”, which was founded by Werner Erhard. est began in 1971, and Erhard’s company Werner Erhard and Associates repackaged the course as “The Forum” in 1985. Associates of Erhard bought the license to his “technology” and incorporated Landmark Education in California in 1991.

This is not the first time employees have sued claiming mandatory attendance at “Forum” workshops violated their civil rights. In a lawsuit filed in December 1988 in the United States District Court for the Northern District of Georgia, eight employees of DeKalb Farmers Market in Decatur, Georgia sued their employer claiming their religious freedom and civil rights were violated when they were allegedly coerced into attending “Forum” training sessions. “Many of these training programs, particularly at large corporations, claim to be purely psychological, aimed at improving productivity and morale and loyalty. But in fact they are religious,” said University of Denver religious studies professor Carl Raschke in a statement to The Wall Street Journal.

The DeKalb Farmers Market employees were represented by lawyers for the American Civil Liberties Union. Consulting Technologies Inc., an affiliate of Transformational Technologies Inc., was named as a party in the lawsuit. Transformational Technologies was founded by Werner Erhard, and was not named as a party in the suit. The “Forum” course that the employees claimed they were mandated to attend was developed by Werner Erhard and Associates. Employees said that they were fired or pressured to quit after they objected to the Forum courses.

The workers claimed that the Forum course contradicted with their religious beliefs. The plaintiffs in the suit included adherents of varying religious backgrounds, including Christianity and Hinduism. “The sessions put people into a hibernating state. They ask for total loyalty. It’s like brainwashing,” said Dong Shik Kim, one of the plaintiffs in the case. The plaintiffs said they lost their jobs after objecting to a “new age quasi-religious cult” which they said was developed by Werner Erhard.

The DeKalb Farmers Market denied the allegations, and an attorney for the company Edward D. Buckley III told The Wall Street Journal that employees were encouraged, not coerced, to attend the training sessions. According to The Wall Street Journal, The Forum said it would not sanction workers being coerced to attend its training sessions.

The parties in the DeKalb Farmers Market religious discrimination case came to a settlement in May 1989, and the case was dismissed with prejudice in June. The terms of the out-of-court settlement were not made public, but the employees’ attorney Amy Totenberg told The Wall Street Journal that the case “has made employers come to grips with the legitimate boundaries of employee training”.

According to Title VII of the Civil Rights Act of 1964, employers must “reasonably accommodate” their employees’ religious beliefs unless this creates “undue hardship”. In September 1988, the Equal Employment Opportunity Commission issued a policy-guidance notice which stated that New Age courses should be handled under Title VII of the Act. According to the Commission, employers must provide “reasonable accommodation” if an employee challenges a training course, unless this causes “undue hardship” for the company.

In October 2006, Landmark Education took legal action against Google, YouTube, the Internet Archive and a website owner in Queensland, Australia in attempts to remove criticism of its products from the Internet. The company sought a subpoena under the Digital Millennium Copyright Act in an attempt to discover the identity of an anonymous critic who uploaded a 2004 French documentary of the Landmark Forum to the Internet. “Voyage au pays des nouveaux gourous” (Voyage to the Land of the New Gurus) was produced by Pièces à Conviction, a French investigative journalism news program. The Electronic Frontier Foundation represented the anonymous critic and the Internet Archive, and Landmark withdrew its subpoena in November 2006 in exchange for a promise from the anonymous critic not to repost the video.

Landmark Education itself has come under scrutiny for its controversial labor practices. The company has been investigated by the United States Department of Labor in separate investigations originating out of California, Colorado, and Texas. Investigations focused on the heavy reliance of unpaid labor in the company’s workforce, which Landmark Education calls “assistants” and deems volunteers.

An investigation by the U.S. Dept. Labor based out of Colorado found that activities performed by Landmark Education’s “assistants” include: “office, clerical, telephone solicitation and enrollment, as well as greeting customers, setting up chairs, handling microphones during the seminars and making coffee. Additionally, a number of volunteers actually teach the courses and provide testimonials during and after the courses.” The Colorado investigation’s 1996 report found that “No records are kept of any hours worked by any employees.” According to a 1998 article in Metro Silicon Valley: “In the end the Department of Labor dropped the issue, leaving Landmark trumpeting about its volunteers’ choice in the matter.” Metro Silicon Valley reported that Landmark Education at the time employed 451 paid staff, and also utilized the services of 7,500 volunteers.

After an investigation into Landmark Education’s labor practices by the U.S. Dept. Labor’s offices out of California, the company was deemed to have overtime violations. According to the Department of Labor’s 2004 report on the investigation, back wages of $187,569.01 were found due to 45 employees. An investigation by the U.S. Dept. Labor in Texas which concluded in 2005 stated: “Minimum wage violation found. Volunteers (Assistants) are not paid any wages for hours worked while performing the major duties of the firm. The assistants set up rooms, call registrants, collect fees, keep stats of classroom data/participants, file, they also are answering phones, training and leading seminars.”

The Texas investigation also discovered an overtime violation. Landmark Education agreed to pay back wages for the overtime violation, but did not comply with the overtime violation found by the U.S. Dept. Labor for the “assistants”. Landmark Education denied that the “assistants” are employees, though the Department of Labor report concluded: “Interviews reveal that the employees are taking payments, registering clients, billing, training, recruiting, setting up locations, cleaning, and other duties that would have to be performed by staff if the assistants did not perform them.”

According to the 2004 investigative report by Pièces à Conviction in the “Voyage au pays des nouveaux gourous” program, Landmark Education was investigated by the French government in 1995. In the “Voyage au pays des nouveaux gourous” program volunteers were filmed through a hidden camera and shown performing duties for Landmark Education in France including manning phones, recruitment and financial work for the company, and one volunteer was shown cleaning a toilet.

Le Nouvel Observateur reported that after “Voyage au pays des nouveaux gourous” aired in France, labor inspectors investigated Landmark Education’s use of unpaid volunteers. According to Le Nouvel Observateur, one month after the labor investigation took place the French branch of the company had disbanded. A former “Introduction Leader” to the Landmark Forum, Lars Bergwik, has recently posted a series of videos to YouTube critical of the company and its practices. Bergwik appeared on a 2004 investigative journalism program on Sweden’s Channel 4, Kalla Fakta (Cold Facts). According to Bergwik, after the Kalla Fakta program on Landmark Education aired, “Landmark left Sweden”.

Saturday, January 17, 2009

The US Secret Service has released the first photos Wednesday of the new presidential limousine that will transport Barack Obama down Pennsylvania Avenue next Tuesday as part of the 56th Presidential inaugural parade after he is sworn in at the Capitol. The First Limo – the 2009 Cadillac Presidential Limousine – will replace President Bush’s Cadillac DTS Presidential Limousine that rolled out in 2004.

Nicknamed “The Beast”, the hulking machine is a new model year 2009, modified limousine. According to General Motors, the new “2009 Cadillac Presidential Limousine” is the first not to carry a specific model name. The Obama Mobile was introduced on January 14 with noticeably different styling borrowed from the Cadillac Escalade and STS, while the suspension is most likely related to the Chevrolet Kodiak medium-duty truck.

Mr. David Caldwell of General Motors has revealed that the sleek black car would include a hand-crafted interior and “state of the art electronics.” The car’s high-tech security features include five-inch-thick (12.7-centimeter-thick) bombproof glass, tough-as-nails tires, and a sealed interior that’s invulnerable to chemical attack. The armoured limousine has been heavily modified to withstand potential attacks by weapons or bombs. The San Francisco Chronicle puts it in a proper perspective noting, “a half-inch of transparent armor is enough to stop a .44 Magnum round at point-blank range; at a thickness of 1 1/4 to 1 1/2 inches, the same material can withstand higher-velocity bullets fired from military assault rifles.”

According to spy photographer, Brenda Priddy, and General Motors, the limousine, which has the intricate, dual-textured grille, is also equipped with standard Goodyear Regional RHS truck tires in a 285/70R19.5 size, on 19.5-inch wheels. The rims have a run-flat device (manufactured by Hutchinson Industries). Xenon headlights from the Escalade are installed in the front, while the rear has some STS part. The doors are at least 20 centimeters (8 inches) thick. It carries the US flag on the front fenders and an embroidered Seal of the President of the United States is affixed to several panels in the back.

According to the US Secret Service, the vehicle would be a “valuable asset” in providing the President with the highest level of protection. “Although many of the vehicle’s security enhancements cannot be discussed, it is safe to say that this car’s security and coded communications systems make it the most technologically advanced protection vehicle in the world,” Nicholas Trotta, Assistant Director for the Office of Protective Operations said in a statement. The new limousine is the responsibility of White House Transportation Agency.

The Presidential State Car is the official state car used by the President of the United States. It is informally known as “Cadillac One”. The current Presidential State Car is a 2005 hand-crafted, armored, and stretched DTS (DeVille Touring Sedan) built on a GM four-wheel drive platform. It was first used on the second inauguration parade of George W. Bush in 2005. But the version to be used by President Obama uses a GMC Topkick chassis, while maintaining the Cadillac exterior.

The President of the United States travels in one of two armoured Cadillac limousines based upon the normal sedan, the Cadillac DTS, with heavy customisation. Lincoln cars have also been used in the past, most notably by President John F Kennedy. The current limousines were custom-built by O’Gara, Hess and Eisenhart, founded in Fairfield, Ohio in 1942. It specializes in armouring limousines for presidents and heads of state.

President William McKinley was the first US president to ride in an automobile. However, it was President Theodore Roosevelt who rode on the first government-owned car, a white Stanley Steamer. Roosevelt’s successor, William Howard Taft, was the first president to use a presidential state car that was permanently stored in the White House garage.

Meanwhile, Obama’s 2005 Chrysler 300C Hemi was auctioned on eBay with a starting bid of $100,000 and a buy-it-now price of $1,000,000. It has less than 21,000 miles on it and is in like-new condition. He leased the car in 2004 and traded it for a Ford Escape Hybrid in 2007. The car was sold to Tim O’Boyle.

Monday, June 21, 2010

Sweden’s first royal wedding since 1976 took place Saturday when Crown Princess Victoria, 32, married her long-time boyfriend and former personal trainer, Daniel Westling, 36. The ceremony took place at Stockholm Cathedral.

Over 1,200 guests, including many rulers, politicians, royals and other dignitaries from across the world, attended the wedding, which cost an estimated 20 million Swedish kronor. Victoria wore a wedding dress with five-metre long train designed by Pär Engsheden. She wore the same crown that her mother, Queen Silvia, wore on her wedding day 34 years previously, also on June 19. Victoria’s father, King Carl XVI Gustaf, walked Victoria down the aisle, which was deemed untraditional by many. In Sweden, the bride and groom usually walk down the aisle together, emphasising the country’s views on equality. Victoria met with Daniel half-way to the altar, where they exchanged brief kisses, and, to the sounds of the wedding march, made their way to the the silver altar. She was followed by ten bridesmaids. The couple both had tears in their eyes as they said their vows, and apart from fumbling when they exchanged rings, the ceremony went smoothly.

Following the ceremony, the couple headed a fast-paced procession through central Stockholm on a horse-drawn carriage, flanked by police and security. Up to 500,000 people are thought to have lined the streets. They then boarded the Vasaorden, the same royal barge Victoria’s parents used in their wedding, and traveled through Stockholm’s waters, accompanied by flyover of 18 fighter jets near the end of the procession. A wedding banquet followed in the in the Hall of State of the Royal Palace.

Controversy has surrounded the engagement and wedding between the Crown Princess and Westling, a “commoner”. Victoria met Westling as she was recovering from bulemia in 2002. He owned a chain of gymnasiums and was brought in to help bring Victoria back to full health. Westling was raised in a middle-class family in Ockelbo, in central Sweden. His father managed a social services centre, and his mother worked in a post office. When the relationship was made public, Westling was mocked as an outsider and the king was reportedly horrified at the thought of his daughter marrying a “commoner”, even though he did so when he married Silvia. Last year, Westling underwent transplant surgery for a congenital kidney disorder. The Swedish public have been assured that he will be able to have children and that his illness will not be passed on to his offspring.

Westling underwent years of training to prepare for his new role in the royal family, including lessons in etiquette, elocution, and multi-lingual small talk; and a makeover that saw his hair being cropped short, and his plain-looking glasses and clothes being replaced by designer-wear.

Upon marrying the Crown Princess, Westling took his wife’s ducal title and is granted the style “His Royal Highness”. He is now known as HRH Prince Daniel, Duke of Västergötland. He also has his own coat-of-arms and monogram. When Victoria assumes the throne and becomes Queen, Daniel will not become King, but assume a supportive role, similar to that of Prince Phillip, the husband of the United Kingdom’s Queen Elizabeth II.

Tuesday, June 12, 2007

North America’s largest outdoor dog festival came back to Toronto last weekend for its fifth year. It ran from the 9th of June to the 10th of June at Toronto’s historical St. Lawrence Market. A Wikinews reporter was there on Sunday to report on some of the events that happened on the last day.

The “Woofstock” dog festival attracted as many as 140,000 people with their dogs. The festival had tons of accessories, sold under tents, to buy for dogs; food, toys, designer clothes, and more. About 400 vendors and exhibitors were there to promote their products, which also gave private dog companies or groups a chance to show their new products. The local SPCA and some animal rescues were under tents answering questions from visitors. While walking, all visitors could see the CN Tower and other very tall buildings.

One of the local TV stations, Citytv, was there. They hosted a live event at the show which was broadcast on TV. People came up on the stage and asked questions regarding their dogs and the host and co-host answered them.

A man, who called himself the “Chalk Master”, drew two pictures on pavement with chalk. He did it for free but donations were welcome. One was a picture of a girl’s head beside a dog’s head, and another with a wolf.

“Hello Humans. I’ve been invited here to provide your eyeball(s), with some pretty colours. I don’t get paid as I work this weekend strictly for tips… so, if you like what you see please make a DONATION. If you don’t like it simply reach into the pocket of the person next to you and give me their money. CHALK MASTER.”

A contest called “Canada’s top dog” had its own tent with a professional photographer taking pictures of dogs behind a white screen; the winning photo is to be published on the cover of “Puppy and dog basics” magazine.

Large “Gourmet” dog bones were also served from a cart and table.

Next year’s festival is expected to be bigger and better with even more attractions.

Tuesday, December 5, 2006

Australia has clinched a dramatic win in the second 2006-07 Ashes Test match in Adelaide. In a massive swing of dominance and control, England forfeited a huge advantage on the fifth and final day after controlling the Test for the first four.

England won the toss and batted first on the Adelaide Oval wicket. After losing a couple of early wickets, they recovered to amass 6-551 dec. spanning the opening two days. Paul Collingwood scored a patient 206, whilst teammate Kevin Pietersen built an innings of 158 in a much more brief fashion.

In response, Australia began their first innings poorly, losing Matthew Hayden before the close of play on day 2. On the morning of day 3, Justin Langer and Damien Martyn also fell cheaply. However, a captain’s effort by Ricky Ponting (142) and support by Michael Clarke (124), as well as cameos by Adam Gilchrist and Shane Warne, helped the Aussies to just shy of England’s massive total. Matthew Hoggard was the shining light for the visitors, taking 7-109.

England resumed the fifth day at 1-59, and the match looked headed for a draw. However, with some magic from Shane Warne, Australia managed to roll England for just 129 in the last over before tea, setting up a thrilling final session run chase. Warne took 4-49, and was backed up well by Glenn McGrath, who took 2-15.

Requiring 168 to win off 35 overs, Australia came out firing, scoring quickly before losing both Hayden and Justin Langer early. Ricky Ponting was joined by Michael Hussey, who was promoted to number four, and built a steady partnership before Ponting was dismissed for 49. Damien Martyn then fell cheaply, and Hussey was joined by Michael Clarke to complete the chase. The pair batted through to the total was reached, with Hussey scoring 61 not out. Australia reached the target with 19 balls to spare, at 6:45pm local time.

No team had lost after declaring on as high a total batting first as England did in more than 125 years of Tests. As a Nine Network commentator described it, “Australia has just won the most extraordinary Test match; however, it was [a Test] that England should never have lost”. Prior to the start of play, bookmakers had a draw paying $1.02.

Australia now go into the third test at the WACA ground in Perth, Western Australia knowing one more win will reclaim the Ashes urn which they lost for the first time in over a decade in England during 2005.

Tuesday, April 1, 2008

Many media outlets traditionally deliberately spread hoaxes on April Fools’ Day, including notable quality sources such as National Geographic and Science.

The popular British tabloid The Sun wrote that French President Nicolas Sarkozy is to undergo stretch surgery to make him taller than his wife, Italian artist and model Carla Bruni. The report claimed the 5 foot 5 inch leader would be made 5 inches taller in one year using a method by Israeli professor Ura Schmuck. The Sun noted that during his visit to Britain last week, Sarkozy had high-heel shoes while his wife wore a pair of flat pumps.

The Guardian on the other hand ran an article that suggested that Carla would head an initiative by Prime Minister Gordon Brown to bring more glamour, good taste and sophistication to the U.K. general population. This would involve collaboration with Marks & Spencer for high-street fashion and Jamie Oliver for meals and wine.

BBC News had real-looking footage of flying penguins fronted by documentary host Terry Jones, which were actually an advertisement for its new iPlayer.

Saturday, January 14, 2017

At 1:30 a.m. on Thursday morning the United States Senate voted to include the repeal of the Affordable Care Act, better known as Obamacare, as part of a budget blueprint. This procedural measure allows most of Obamacare to be repealed by a simple majority rather than the usual requirement of 60 out of the senate’s 100 votes and effectively prevents the use of filibuster.

“We’re working with legislative leaders at this very moment to begin to craft legislation that will repeal the most corrosive elements of Obamacare — the individual mandate, the taxes, the penalties — but at the same time, moving separate legislation that will allow us to introduce the kind of reforms in American health care that’ll lower the cost of health insurance without growing the size of government,” said Vice President-elect Mike Pence.

Democratic Senator Maria Cantwell of Washington had a different view, going so far as to call this “stealing health care from Americans.”

The filibuster is a last-ditch tactic in which parties opposed to a certain motion refuse to relinquish the floor until their opponents give in or compromise.

Although the 51-48 vote was mostly along party lines, some Republicans have expressed uncertainty about repealing Obamacare before a replacement system is worked out. Although president-elect Donald Trump has called for a “repeal and replace” plan, saying that a new health care system would be enacted “almost simultaneously,” many in government and the press have expressed doubts about whether this would actually happen.

Senator Susan Collins of Maine said she would like to at least see a well-constructed plan before voting and Senator Johnny Isakson of Georgia said repealing Obamacare without replacing it was “unacceptable.” These concerns were shared by members of the House of Representatives. “We need to be voting for a replacement plan at the same time that we vote for repeal,” added Representative Mark Meadows of North Carolina. Representative Tom MacArthur of New Jersey agreed, saying, “We’re loading a gun here. I want to know where it’s pointed before we start the process.”

Anna Merlan of Jezebel and Anthony Taylor of the Associated Press dismiss Trump’s timeline as “impossible” given the complicated nature of U.S. congressional workings. Senator Collins agreed, saying “I don’t see any possibility of our being able to come up with a comprehensive reform bill that would replace Obamacare by the end of this month. I just don’t see that as being feasible.”

The Affordable Care Act, which is often cited as a key accomplishment of the Obama administration, has had a mixed reputation, and many conservatives believe a market-based health care system would be more flexible and efficient and less costly, and many believe that the Affordable Care Act only passed because of Obama’s later discredited pledge that no one who liked their current health plan would have to switch. Matt O’Brien of The Washington Post claims a large tax cut that would result for the wealthiest 1% of citizens if Obamacare funds were not converted to other purposes, estimated at about $32,820 annually per person by the Tax Policy Center, is also a significant motive.

Republican Senators set a date of January 27 to repeal Obamacare, according to NBC News. House Majority Leader Kevin McCarthy of California says legislation repealing Obamacare and replacing it could ready by late February. According to Democratic Senator Bernie Sanders, as many as 30 million people could lose their health insurance if the ACA is repealed.

Monday, January 26, 2009

On Thursday, the municipal intermediate people’s court in Shijiazhuang, Hebei province, China pronounced sentences for 21 defendants implicated in the 2008 Chinese milk scandal which killed at least six infants and sickened nearly 300,000 others.

In the local court’s decision, 17 accused were indicted for the crimes of “producing, adding melamine-laced ‘protein powder’ to infant milk or selling tainted, fake and substandard milk to Sanlu Group or 21 other dairy companies, including six who were charged with the crime of endangering public security by dangerous means.” Four other courts in Wuji County, in Hebei, China had also tried cases on the milk scandal.

Zhang Yujun, age 40, of Quzhou County (Hebei), who produced and sold melamine-laced “protein powder” in the milk scandal, was convicted of endangering public security and sentenced to death by the Shijiazhuang intermediate people’s court.

The court also imposed the penalty of death upon Geng Jinping, who added 434 kg of melamine-laced powder to about 900 tons of fresh milk to artificially increase the protein content. He sold the tainted milk to Sanlu and some other dairy companies. His brother Geng Jinzhu was sentenced to eight years imprisonment for assisting in adding the melamine.

A suspended capital punishment sentence, pending a review, with two years probation, was handed down to Gao Junjie. Under the law, a suspended death sentence is equivalent to life imprisonment with good behavior. The court ruled that Gao designed more than 70 tons of melamine-tainted “protein powder” in a Zhengding County underground factory near Shijiazhuang. His wife Xiao Yu who assisted him, was also sentenced to five years imprisonment.

Sanlu Group General Manager Tian Wenhua, 66, a native of Nangang Village in Zhengding County, who was charged under Articles 144 and 150 of the criminal code, was sentenced to life imprisonment for producing and selling fake or substandard products. She was also fined 20 million yuan (US$2.92 million) while Sanlu, which has been declared bankrupt, was fined 49.37 million yuan ($7.3 million).

Tian Wenhua plans to appeal the guilty verdict on grounds of lack of evidence, said her lawyer Liang Zikai on Saturday. Tian testified last month during her trial that she decided not to stop production of the tainted milk products because a Fonterra designated board member handed her a document which states that a maximum of 20 mg of melamine was allowed in every kg of milk in the European Union. Liang opined that Tian should instead be charged with “liability in a major accident,” which is punishable by up to seven years imprisonment, instead of manufacturing and selling fake or substandard products.

According to Zhang Deli, chief procurator of the Hebei Provincial People’s Procuratorate, Chinese police have arrested another 39 people in connection with the scandal. Authorities last year also arrested 12 milk dealers and suppliers who allegedly sold contaminated milk to Sanlu, and six people were charged with selling melamine.

In late December, 17 people involved in producing, selling, buying and adding melamine to raw milk went on trial. Tian Wenhua and three other Sanlu executives appeared in court in Shijiazhuang, charged with producing and selling fake or substandard milk contaminated with melamine. Tian pleaded guilty, and told the court during her 14-hour December 31 trial that she learned about the tainted milk complaints and problems with her company’s BeiBei milk powder from consumer complaints in mid-May.

She then apparently led a working team to handle the case, but her company did not stop producing and selling formula until about September 11. She also did not report to the Shijiazhuang city government until August 2.

The court also sentenced Zhang Yanzhang, 20, to the lesser penalty of life imprisonment. Yanzhang worked with Zhang Yujun, buying and reselling the protein powder. The convicts were deprived of their political rights for life.

Xue Jianzhong, owner of an industrial chemical shop, and Zhang Yanjun were punished with life imprisonment and 15 years jail sentence respectively. The court found them responsible for employment of workers to produce about 200 tons of the tainted infant milk formula, and selling supplies to Sanlu, earning more than one million yuan.

“From October 2007 to August 2008, Zhang Yujun produced 775.6 tons of ‘protein powder’ that contained the toxic chemical of melamine, and sold more than 600 tons of it with a total value of 6.83 million yuan [$998,000]. He sold 230 tons of the “protein powder” to Zhang Yanzhang, who will stay behind bars for the rest of his life under the same charge. Both Zhangs were ‘fully aware of the harm of melamine’ while they produced and sold the chemical, and should be charged for endangering the public security,” the Court ruled.

The local court also imposed jail sentences of between five years and 15 years upon three top Sanlu executives. Wang Yuliang and Hang Zhiqi, both former deputy general managers, and Wu Jusheng, a former raw milk department manager, were respectively sentenced to 15 years, eight years and five years imprisonment. In addition, the court directed Wang to pay multi-million dollar fines. In December, Wang Yuliang had appeared at the Shijiazhuang local court in a wheelchair, after what the Chinese state-controlled media said was a failed suicide attempt.

The judgment also states “the infant milk powder was then resold to private milk collectors in Shijiazhuang, Tangsan, Xingtai and Zhangjiakou in Hebei.” Some collectors added it to raw milk to elevate apparent protein levels, and the milk was then resold to Sanlu Group.

“The Chinese government authorities have been paying great attention to food safety and product quality,” Yu Jiang Yu, spokesperson for the Ministry of Foreign Affairs, said. “After the case broke out, the Chinese government strengthened rules and regulations and took a lot of other measures to strengthen regulations and monitor food safety,” she added.

In the People’s Republic of China, the intermediate people’s court is the second lowest local people’s court. Under the Organic Law of the People’s Courts of the People’s Republic of China, it has jurisdiction over important local cases in the first instance and hear appeal cases from the basic people’s court.

The 2008 Chinese milk scandal was a food safety incident in China involving milk and infant formula, and other food materials and components, which had been adulterated with melamine. In November 2008, the Chinese government reported an estimated 300,000 victims have suffered; six infants have died from kidney stones and other acute renal infections, while 860 babies were hospitalized.

Melamine is normally used to make plastics, fertilizer, coatings and laminates, wood adhesives, fabric coatings, ceiling tiles and flame retardants. It was added by the accused to infant milk powder, making it appear to have a higher protein content. In 2004, a watered-down milk resulted in 13 Chinese infant deaths from malnutrition.

The tainted milk scandal hit the headlines on 16 July, after sixteen babies in Gansu Province who had been fed on milk powder produced by Shijiazhuang-based Sanlu Group were diagnosed with kidney stones. Sanlu is 43% owned by New Zealand’s Fonterra. After the initial probe on Sanlu, government authorities confirmed the health problem existed to a lesser degree in products from 21 other companies, including Mengniu, Yili, and Yashili.

From August 2 to September 12 last year Sanlu produced 904 tonnes of melamine-tainted infant milk powder. It sold 813 tonnes of the fake or substandard products, making 47.5 million yuan ($13.25 million). In December, Xinhua reported that the Ministry of Health confirmed 290,000 victims, including 51,900 hospitalized. It further acknowledged reports of “11 suspected deaths from melamine contaminated milk powder from provinces, but officially confirmed 3 deaths.”

Sanlu Group which filed a bankruptcy petition, that was accepted by the Shijiazhuang Intermediate People’s Court last month, and the other 21 dairy companies, have proposed a 1.1 billion yuan ($160 million) compensation plan for court settlement. The court appointed receiver was granted six months to conclude the sale of Sanlu’s assets for distribution to creditors. The 22 dairy companies offered “families whose children died would receive 200,000 yuan ($29,000), while others would receive 30,000 yuan ($4,380) for serious cases of kidney stones and 2,000 yuan ($290) for less severe cases.”

Sanlu stopped production on September 12 amid huge debts estimated at 1.1 billion yuan. On December 19, the company borrowed 902 million yuan for medical and compensation payment to victims of the scandal. On January 16, Sanlu paid compensation of 200,000 yuan (29,247 U.S. dollars) to Yi Yongsheng and Jiao Hongfang, Gangu County villagers, the parents of the first baby who died.

“Children under three years old, who had drunk tainted milk and had disease symptoms could still come to local hospitals for check-ups, and would receive free treatment if diagnosed with stones in the urinary system,” said Mao Qun’an, spokesman of the Ministry of Health on Thursday, adding that “the nationwide screening for sickened children has basically come to an end.”

“As of Thursday, about 90% of families of 262,662 children who were sickened after drinking the melamine-contaminated milk products had signed compensation agreements with involved enterprises and accepted compensation,” the China Dairy Industry Association said Friday, without revealing, however, the amount of damages paid. The Association (CDIA) also created a fund for payment of the medical bills for the sickened babies until they reach the age of 18.

Chinese data shows that those parents who signed the state-backed compensation deal include the families of six children officially confirmed dead, and all but two of 891 made seriously ill, the report said. Families of 23,651 children made ill by melamine tainted milk, however, have not received the compensation offer, because of “wrong or untrue” registration details, said Xinhua.

Several Chinese parents, however, demanded higher levels of damages from the government. Zhao Lianhai announced Friday that he and three other parents were filing a petition to the Ministry of Health. The letter calls for “free medical care and follow-up services for all victims, reimbursement for treatment already paid for, and further research into the long-term health effects of melamine among other demands,” the petition duly signed by some 550 aggrieved parents and Zhao states.

“Children are the future of every family, and moreover, they are the future of this country. As consumers, we have been greatly damaged,” the petition alleged. Chinese investigators also confirmed the presence of melamine in nearly 70 milk products from more than 20 companies, quality control official Li Changjiang admitted.

In addition, a group of Chinese lawyers, led by administrator Lin Zheng, filed Tuesday a $5.2 million lawsuit with the Supreme People’s Court of the People’s Republic of China (under Chief Grand Justice Wang Shengjunin), in Beijing, on behalf of the families of 213 children’s families. The class-action product liability case against 22 dairy companies, include the largest case seeking $73,000 compensation for a dead child.

According to a statement to the Shanghai Stock Exchange Market Friday, China’s Inner Mongolia Yili Industrial Group Company, which has a domestic market share of milk powder at 8 percent, reported a net loss in 2008 because of the milk scandal. A Morgan Stanley report states the expected company’s 2008 loss at 2.3 billion yuan. The scandal also affected Yili’s domestic rivals China Mengniu Dairy Company Limited and the Bright Group. Mengniu suffered an expected net loss of 900 million yuan despite earnings in the first half of 2008, while the Bright Group posted a third quarter loss at 271 million yuan last year.

New Zealand dairy giant Fonterra, said Saturday it accepted the Chinese court’s guilty verdicts but alleged it had no knowledge of the criminal actions taken by those involved. “We accept the court’s findings but Fonterra supports the New Zealand Government’s position on the death penalty. We have been shocked and disturbed by the information that has come to hand as a result of the judicial process,” said Fonterra Chief Executive Andrew Ferrier.

“Fonterra deeply regrets the harm and pain this tragedy has caused so many Chinese families,” he added. “We certainly would never have approved of these actions. I am appalled that the four individuals deliberately released product containing melamine. These actions were never reported to the Sanlu Board and fundamentally go against the ethics and values of Fonterra,” Ferrier noted.

Fonterra, which controls more than 95 percent of New Zealand’s milk supply, is the nation’ biggest multinational business, its second-biggest foreign currency earner and accounts for more than 24 percent of the nation’s exports. Fonterra was legally responsible for informing Chinese health authorities of the tainted milk scandal in August, and by December it had written off its $200 million investment in Sanlu Group.

Amnesty International also strongly voiced its opposition to the imposition of capital punishment by the Chinese local court and raised concerns about New Zealand’s implication in the milk scandal. “The death penalty will not put right the immense suffering caused by these men. The death penalty is the ultimate, cruel and inhumane punishment and New Zealand must take a stand to prevent further abuses of human rights.” AI New Zealand chief executive Patrick Holmes said on Saturday.

“The New Zealand government does not condone the death sentence but we respect their right to take a very serious attitude to what was extremely serious offending,” said John Phillip Key, the 38th and current Prime Minister of New Zealand and leader of the National Party. He criticized Fonterra’s response Monday, saying, “Fonterra did not have control of the vertical production chain, in other words they were making the milk powder not the supply of the milk, so it was a difficult position and they did not know until quite late in the piece. Nevertheless they probably could front more for this sort of thing.”

Keith Locke, current New Zealand MP, and the opposition Green Party foreign affairs spokesman, who was first elected to parliament in 1999 called on the government and Fonterra to respond strongly against the Chinese verdict. “They show the harshness of the regime towards anyone who embarrasses it, whether they are real criminals, whistleblowers or dissenters,” he said. “Many Chinese knew the milk was being contaminated but said nothing for fear of repercussions from those in authority. Fonterra could not get any action from local officials when it first discovered the contamination. There was only movement, some time later, when the matter became public,” he noted.

Green Party explained “it is time Fonterra drops its overly cautious act.” The party, however, stressed the death penalty is not a answer to the problems which created the Chinese milk scandal. “The Green Party is totally opposed to the death penalty. We would like to see the government and, indeed, Fonterra, speaking out and urging the Chinese government to stop the death penalty,” said Green Party MP Sue Kedgley.