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Thursday, July 24, 2014

Bakken Scammer/ CIA Poland

Jonathan Lee Oliver, a 41-year-old Missoula resident, was sentenced to 100 months in prison for diverting money he received from customers in eastern Montana, North Dakota, and other places, and using the money to buy himself a house, several vehicles, two jet skis, a luxury motor home, a diamond engagement ring, and various other items.
In today’s Chamber judgments, which are not final1, the European Court of Human Rights held,
in both cases, that Poland had failed to comply with its obligation under Article 38 of the European
Convention on Human Rights (obligation to furnish all necessary facilities for the effective conduct
of an investigation);
in both cases, that there had been:
a violation of Article 3 (prohibition of torture and inhuman or degrading treatment) of the
Convention, in both its substantive and procedural aspects;
a violation of Article 5 (right to liberty and security);
a violation of Article 8 (right to respect for private and family life);
a violation of Article 13 (right to an effective remedy); and,
a violation of Article 6 § 1 (right to a fair trial).

Wednesday, July 23, 2014

Judge Censured/ Affordable Care Act/ National Parks and Economy/ Oil Train Safety

“Rule 1.2 of the Code of Judicial Conduct requires judges to act in a manner that promotes public confidence in the independence, integrity, and impartiality of the July 22 2014 judiciary, and avoids the appearance of impropriety. We have determined that through your inappropriate comments you have eroded public confidence in the judiciary and created an appearance of impropriety in violation of the Montana Code of Judicial Conduct.”

14-5018 Jacqueline Halbig v. Sylvia Mathews Burwell
“Appellants are a group of individuals and employers residing in states that did not establish Exchanges. For reasons we explain more fully below, the IRS’s interpretation of section 36B makes them subject to certain penalties under the ACA that they would rather not face. Believing that the IRS’s interpretation is inconsistent with section 36B, appellants challenge the regulation under the Administrative Procedure Act (APA), alleging that it is not “in accordance with law.” 5 U.S.C. § 706(2)(A).”
141158.P David King v. Sylvia Burwell
“The defendants’ arguments are not persuasive. First, the y fail to point to a single case in which a court has refused to entertain a similar suit on the grounds that the parties were required to first pursue a tax - refund action under 26 U.S.C. § 7422(a) o r 28 U.S.C. § 1346. Moreover, the plaintiffs are not seeking a tax refund; they ask for no monetary relief, alleging instead claims for declaratory and injunctive relief in an attempt to forestall the lose - lose choice (in their minds) of purchasing a product they do not want or paying the penalty. Section 7422(a) does not allow for prospective relief.”

“This safety advisory provides notice to all persons who offer for transportation, or transport, in tank cars by rail in commerce to, from or within the United States, a bulk quantity of UN 1267, petroleum crude oil, Class 3, that originates in or is sourced from the Bakken formation in the Williston Basin (Bakken crude oil). The purpose of this advisory is to encourage offerors and rail carriers to take additional precautionary measures to enhance the safe shipment of bulk quantities of Bakken crude oil by rail throughout the United States. Specifically, in light of recent accidents involving the shipment of Bakken crude oil by rail, the Federal Railroad Administration (FRA) and the Pipeline and Hazardous Materials Administration (PHMSA) urge offerors and carriers of Bakken crude oil by rail tank car to select and use the railroad tank car designs with the highest level of integrity reasonably available within their fleet for shipment of these hazardous materials by rail in interstate commerce. Further, FRA and PHMSA advise offerors and carriers of Bakken crude oil to avoid the use of older, legacy DOT Specification 111 or CTC 111 tank cars for the shipment of such oil to the extent reasonably practicable.”

Tuesday, July 22, 2014

Women in Industries/ Obamacare

Women in the Labor Force: A Databook

Jacqueline Halbig v. Sylvia Mathews Burwell
“Section 36B of the Internal Revenue Code, enacted as part of the Patient Protection and Affordable Care Act ( ACA or the Act ) , makes tax credits available as a form of subsidy to individuals who purchase health insurance through marketplaces — known as “American Health Benefit Exchanges,” or “Exchanges” for short — that are “ established by the State under section 1311” of the A ct. 26 U.S.C. § 36B(c)(2)(A)(i) . On its face , this provision authorizes tax credits for insurance purchased on an Exchange established by one of the fifty states or the District of Columbia. See 42 U.S.C. § 18024(d). But t he Internal Revenue Service has interpreted section 36B broadly to authorize the subsidy also for insurance purchased on an Exchange established by the federal government under section 1321 of the A ct. See 26 C.F.R. § 1.36B - 2(a)(1) (hereinafter “IRS Rule”) “