Dracula/Blacula Resurrection Party 5-25-13


May 25, 2013 12 noon until 12 midnight — 2277 El Dorado Street, Torrance CA 90501

Gyula Tamas Zubovicz, the real Dracula

Gyula Tamas Zubovicz, the real Dracula

The last weekend in May 1997, Gyula Tamas Zubovicz (the Dracula of the Dracula Crime Family of the Hungarian Mafia) was murdered on the orders of Semion Mogilevich (head of the Red Mafiya), but he survived having his legs blown off, only to be poisoned in his hospital bed. However, nobody cut off his head, put a stake through his heart, or dragged him out into the sunlight. We had him buried in Transylvanian Earth, so he is just resting until he gets better.

William Marshall, the actor who played Blacula, died June 5, 2003.

The only person who knew both Dracula and Blacula is Jan B. Tucker, who wears the ring of Dracula, cast from the original mold from which Bela Lugosi’s ring was made.


Actor William Marshall, the real Blacula

Actor William Marshall, the real Blacula

Join us for the annual Dracula party, now renamed to include our brother Blacula for the 10th anniversary of his going to the land of dead, so that we can resurrect them into the land of the undead by consuming BBQ Blutwurst (Body of Dracula) and Vampire Label Red Wine imported from Transylvania (Blood of Dracula) as the sacraments of resurrection.

Potluck–email for suggestions, evil@janbtucker.com

Facebook Event page for RSVP:  https://www.facebook.com/events/231572956985194/


Small Freaky World of White Collar Crime



The Small Freaky World of White Collar Crime


venn-diagramIf you watch television and follow series like HBO’s the Sopranos or USA Network’s White Collar you might get the impression that the white collar crime world is a very small one in which there are never more than two or three (or less) levels of separation or connection between different criminals and different crime organizations. The fact is, it’s more like a Venn Diagram with multiple overlapping social circles of criminals and criminal organizations. In fact, it resembles the line of actor Robert Davi (playing “Franz Sanchez”) in the James Bond flick License to Kill when he tells his potential business partners, “Drug Dealers of the World Unite.”



RedMafiyaTime and again, I wind up investigating the same criminals over and over and over again, sometimes for their honest adversaries, sometimes in conjunction with or directly for law enforcement agencies, and sometimes for their former criminal rivals who are attempting to stay out of trouble. During the trial of United States vs. Anthony Pellicano et al (et al = “and others”), when I was court appointed to investigate on behalf of one of Tony’s co-defendants who was adversarial to his interests, well over twenty (20) times (I eventually lost count) I had to advise my client of potential or theoretical conflicts of interest based upon my past investigations of names that kept surfacing. They ranged from people involved with the Hungarian Mafia to the Red Mafiya to the Jewish Defense League.



aka Anthony Elgindy

aka Anthony Elgindy

I’ve been on an international financial investigation over the past several years involving some serious money laundering that took on a whole new meaning with the banking melt down in Cyprus. Already, there had been some people involved that I’d investigated in the past for other clients. Then in the past few days, a name surfaced that blows everything out of proportion and puts it in a whole new light: Amr Ibrahim Elgindy.



Before I get to Elgindy’s role in this whole jigsaw puzzle of a case, review my previous posting that relates to a number of the players: http://janbtucker.com/blog/2011/09/02/information-wanted-dead-alive-or-otherwise/



Additionally, before I deal with Elgindy and what he’s been up to, let me recount a timeline to see if you, my readers, think it’s suspicious or whether I’ve just seen too many film noir movies. Unless otherwise specified, the following timeline has to do with a “Mr. L:”



6/29-30/09—ATM withdrawals in Barcelona, Catalonia, Spain


7/3/09—Purchases Spanish airline ticket


7/6/09—ATM withdrawal in Madrid, Spain


7/8/09—Makes an online transaction using a British firm, brzsupport.com


7/9-10/09—Financial transactions in North Carolina


7/10-7/14/09—series of financial transactions in Greece. Now, here’s where it gets really interesting, because my reliable confidential sources tell me that Mr. L didn’t want a financial paper trail leading to him going to Cyprus where Red Sea Investments (linked with Red Sea Management) happened to have an office, so he flies in to Greece and from there pays cash for a boat trip over to Cyprus.


7/14/09—Mr. L flies back in to LAX (Los Angeles International Airport for all you non-SoCal types)


7/28-8/16/09—Mr. L carries on a flurry of activity in Natick MA, August ME, Boston MA, Tampa FL, New York NY, West Hollywood CA, and finally Jamaica NY.



Why is the link to Red Sea Investments so intriguing? Well, Red Sea Investments was linked up the Kazoo to Sentry Global Securities. Check out this February 18, 2011 Reuters story:



(Reuters) – CO2 Tech Ltd, a publicly traded company that lured investors with claims about products and services to fight global warming, was full of nothing but hot air, the U.S. Securities and Exchange Commission said on Friday.



It said the U.S. Justice Department had filed criminal fraud charges against six men, including stock promoters and traders, involved in a so-called “pump-and-dump scheme” built around shares of the company, which was purportedly based in London but had no significant assets or operations.



Pump-and-dump is a form of stock fraud in which promoters “pump up” or artificially inflate a company’s share price, usually through false or misleading press releases or other public statements, and then “dump” the stock at a profit.



According to an SEC civil complaint, filed in U.S. District Court for the Southern District of Florida, the CO2 Tech scheme generated more than $7 million in illicit profits from sales of CO2 Tech stock, traded in the Pink Sheets, between late 2006 and April 2007.



The scheme was perpetrated through Red Sea Management Ltd, a Costa Rican asset protection and offshore investments company founded and led by Jonathan Curshen, the SEC said.



It said Curshen, a dual U.S.-UK citizen who lives in Sarasota, Florida, was free on conditional release pending his sentencing in another, unrelated, securities fraud case.



Curshen was instrumental in establishing the business plan that allowed him and his co-defendants to sell CO Tech stock at artificially inflated prices and bilk unsuspecting public investors out of millions, the SEC said.



An attorney for Curshen, 46, could not be reached for immediate comment. But the SEC said entities affiliated with Red Sea, which was founded in 1998, included Sentry Global Securities, a broker-dealer licensed by St, Kitts and Nevis, and Sentry Global Trust, Ltd, a St. Kitts-incorporated trust.



Red Sea had true global reach, as it used a web of nominee brokerage accounts to sell massive quantities of stock in a firm supposedly set up to save the world from greenhouse gas emissions, the SEC said.



It said the company had opened bank accounts for shell corporations in countries including the Republic of Seychelles, Cyprus, Panama and Tanzania as part of its fraudulent stock scheme.



(Reporting by Tom Brown; Editing by Tim Dobbyn)



Now let’s get back to a prior timeline in Mr. L’s activities:



9/18/08—wire transfer from Sentry Global Securities (SGS) to Mr. L, $850,000


9/19/08—wire transfer from SGS to Mr. L, $850,000


9/23/08—wire transfer from SGS to Mr. L, $700,000


9/24/08—cash withdrawal from account by Mr. L, $2,000,000


9/24/08—cash withdrawal from account by Mr. L, $5,000


9/25/08—Domestic Funds Transfer from Mr. L to Hoffman & Pollok, a New York white collar criminal defense law firm, $25,000


10/8/08—wire transfer from SGS to Mr. L, $600,000


10/8/08—wire transfer from Mr. L from one of his accounts to another, $750,000


10/9/08—wire transfer from SGS to Mr. L, $250,000


10/9/09—wire transfer from Mr. L. from one of his accounts to another, $1,000,000


10/14/08—wire transfer from SGS to Mr. L, $850,000



10/30/08: Now here’s the big one: from various wire service reports:



U.S., Costa Rican police raid San


José office in $100M fraud investigation



U.S. agents and Costa Rican police yesterday raided Red Sea/Sentry Global offices in downtown San José, seizing documents in an investigation of a $100 million U.S. fraud scheme, according to wire reports.



The raided offices house branches for the firms Red Sea Management, Sentry Global Trust, Sentry Global Securities and Global Financial Logistics, AFP news agency reported.



Jonathan Curshen

The raid is in connection with an FBI sting in New York that led to the arrest of Jonathan R. Curshen, who is the Caribbean island St. Kitts and Nevis’ honorary consul to Costa Rica, on fraud allegations in September.


Andy Badolato, the nexus between Steve Bannon & Jonathan Curshen

As an “oh by the way” Jonathan Curshen has also recently been linked to Andy Badolato, who in turn is a cohort of soon to be White House Chief of Staff Steve Bannon!  http://www.madcowprod.com/2016/09/21/trump-campaigns-bannon-ties-to-sarasota-grifter/

What’s wrong with this picture?



Don’t tell me that the Feds and other international law enforcement agencies and prosecutors don’t have access to the same kind of information I’ve outlined above. They would all have to be completely, utterly and totally incompetent not to have gotten the kind of stuff I’ve gotten on this case. So, what explains why Mr. L has not been indicted along with everybody else involved with Sentry Global? Inquiring minds want to know!



Based upon my background, training, education and experience, the timeline in which Mr. L apparently retains a white collar criminal defense firm in the middle of what a reasonable spectator would see as potentially suspicious (like, money laundering) and then continues to receive huge wire transfers shortly before the raid on Sentry’s Costa Rica offices suggests a scenario I’ve seen plenty of times in the past. If I was in Mr. L’s shoes and a federal prosecutor’s shoes, I’d get a deal with Mr. L to agree to a sealed indictment and then continue to have him act as a “confidential human source” (a fancy federal term for a snitch). He’d need a firm of the caliber of Hoffman & Pollok to negotiate such a deal for him.



Enter “Anthony” Elgindy



Anthony Elgindy

Anthony Elgindy

There are two small world stories involving Elgindy with me. First and most peripheral is that his brother used to be press spokesperson for then-Rep. Cynthia McKinney of Georgia. My great old friend Jeff Pilch also used to be on Cynthia’s staff, I admire a lot of her political endeavors, and we collaborated to an extent on the Peace & Freedom Party presidential campaign of Roseanne Barr.


Center: Cynthia McKinney; R: Jan B. Tucker

The other story involves my past investigation of Elgindy, who also just happened to be incarcerated at the same time as some of my clients in Terminal Island federal prison in San Pedro, California. Amongst other things, Elgindy is notorious because, as pointed out by a May 25, 2002 New York Times article:



In a court hearing in San Diego, Kenneth Breen, an assistant United States attorney, said the adviser, Amr Ibrahim Elgindy, tried to sell $300,000 in stock on the afternoon of Sept. 10 and told his broker that the stock market would soon plunge. ”Perhaps Mr. Elgindy had preknowledge of Sept. 11, and rather than report it he attempted to profit from it,” Mr. Breen said. [Emphasis added]

According to sources who were then incarcerated with Elgindy at FCI Terminal Island, he was overheard having very interesting conversations on the telephone with certain parties, who for purposes of this article shall remain nameless and cryptic. His otherwise typical Anglo American wife would visit wearing very conservative Muslim garb.

Amongst his other exploits, Elgindy brought down with him two FBI Special Agents who went to prison or probation for unlawfully supplying him with confidential federal investigation information that he used for his pump-and-dump schemes. Wikipedia defines pump-and-dump schemes in part as:

“Pump and dump” is a form of microcap stock fraud that involves artificially inflating the price of an owned stock through false and misleading positive statements, in order to sell the cheaply purchased stock at a higher price. Once the operators of the scheme “dump” their overvalued shares, the price falls and investors lose their money. Stocks that are the subject of pump and dump schemes are sometimes called “chop stocks”.

While fraudsters in the past relied on cold calls, the Internet now offers a cheaper and easier way of reaching large numbers of potential investors.

Several episodes of the Sopranos describe how organized crime took control of brokerages to foment these schemes. For a detailed narrative of how these ripoffs took place, see http://www.sec.gov/news/testimony/ts142000.htm


In convoluted investigations of the sort in which I previously investigated Elgindy, one can never be certain of all the players, who the opposition is, who might also be out there investigating the same people for other players and other reasons; it’s always a big mess. So for example, in the investigation involving Elgindy, I wind up finding out that another Private Investigator [long time associated with the Jewish Defense League] just conveniently and temporarily wound up renting some space in a building that figured prominently in my investigation….right by a company whose principals believed that they’d been bugged…..and, some sources indicated to me that Private Investigator Anthony Pellicano, later convicted of illegal wiretapping on unrelated cases, was alleged by one of my sources to have has his finger in Elgindy’s pie.



A June 8, 2002 article in the New York Times indicated that:



a. Amr Elgindy was characterized as “…a liar and a thief who avoided prison mainly because of his willingness to turn in co-conspirators in stock frauds…”


b. A former SEC investigator is quoted as speaking of Elgindy as “He always had an in with somebody…If it wasn’t the authorities, it was the press.”


c. The FBI performed a search of Elgindy’s home about a month before the article appeared.


d. He was arrested in 1986 for ADW but the charges were dropped.


e. The government acknowledged in court that Elgindy’s “tips were valuable”regarding Wall Street criminal activity.


f. Elgindy secretly recorded conversations and showed off a stack of taperecordings to a Barron’s reporter.


g. FBI Special Agent Jeffrey A. Royer wrote a letter on Elgindy’s behalf for a probation hearing.


h. The government investigated Elgindy’s place of an order to sell $300,000 in stock the day before 911.



During a prosecution of another man indicted for Securities Fraud based upon Elgindy’s instigation, the prosecutors conveniently failed to notify the defendant of any of the above information as required by the United States Supreme Court’s Brady vs Maryland decision as potentially exculpatory evidence. Before he himself went to prison, Elgindy boasted on his website that:



Anthony@Pacific is Anthony Elgindy, a professional securities analyst and trader with over a decade of experience. He is famous for consistently making successful short-sale trades in the face of a raging Bull Market.



Anthony is also an expert witness for securities cases, and has aided the Securities and Exchange Commission, the National Association of Securities Dealers, the Department of Justice, the Internal Revenue Service, the Royal Canadian Mounted Police, and numerous other U. S. Federal and State agencies in putting stock criminals behind bars.



Anthony’s professional successes have been covered by most major financial publications, including Forbes, Barrons, The Wall Street Journal, and ABC Television’s 20/20 and The Discovery Channel’s Justice Files.



Enter Mr. K



Mr. K figures prominently in my obituary [posthumous hatchet job] on the late attorney, Richard G. Sherman: http://janbtucker.com/blog/2011/06/22/richard-shermans-death-buries-more-than-one-body/



Mr. W, an Israeli national convicted felon racketeer of the Jerusalem Network (who probably started snitching off Israeli ecstasy dealers all over the world in exchange for early parole in the U.S. and for not being deported to Israel upon release from prison) introduced Mr. L to Richard Sherman and to Mr. K. These circles led Mr. L to get involved, according to my sources, with all sorts of shenanigans. Many of the schemes revolved around Las Vegas, and involved a financial chess game where properties were transferred back and forth, frequently by “auction” so that a loophole permitted them to escape IRS 1099 reporting of the value of the transactions.



Distressed PropertiesThese transactions also involved phony and inflated repair bills for these “distressed properties” and the filing of bogus claims and lawsuits on homeowners insurance policies based on those bills. In flipping the homes back and forth between various limited liability companies, foreclosures were used to cover purported losses for tax purposes. Mr. L’s role in these swindles in part was to supply diamonds to pay off people who to the government appeared to be losing money in these transactions. I’m told that $63 million was loaned by a now failed bank to finance these transactions (one of the bank’s former officers is now serving a term in prison over unrelated allegations). I’m also told that approximately $23 million wound up in a certain Israeli owned bank in Zurich, Switzerland in an account whose signers were Mr. L, Mr. K, and Richard Sherman.



My sources also allege that a lot of the money involved began in the criminal food chain with a trough of dough derived from sales of ecstasy, primarily by the Jerusalem Network.



Downright Despicable: Affinity Fraud Against Holocaust Survivors



Affinity FraudArguably the most degenerate, despicable, and egregious aspect of these criminal enterprises is that these criminal circles – many of whom were exclusively or predominantly Jewish—engaged in Bernie Madoff style “affinity fraud” against holocaust survivors. An SEC bulletin describes “affinity fraud” as:



Affinity fraud refers to investment scams that prey upon members of identifiable groups, such as religious or ethnic communities, the elderly, or professional groups. The fraudsters who promote affinity scams frequently are – or pretend to be – members of the group. They often enlist respected community or religious leaders from within the group to spread the word about the scheme, by convincing those people that a fraudulent investment is legitimate and worthwhile. Many times, those leaders become unwitting victims of the fraudster’s ruse. [http://www.sec.gov/investor/pubs/affinity.htm]



Swiss reparationsAccording to my informants, Mr. L, in connection with these Zurich banking transactions, traveled to Frankfurt, Germany, flying in with an Israeli passport. He then traveled to Zurich by train, paying cash, to avoid a paper trail on his credit cards and/or his United States Passport upon passing the Swiss border. Mr. L’s role was to induce holocaust survivors and their heirs who were applying to Swiss banks for reparations payments (due to the ripoff of their funds, see http://janbtucker.com/blog/2012/01/27/romneys-swiss-account-bank-that-stole-from-holocaust-victims/), to invest their funds in the same Israeli owned bank in which he had his joint account (with Mr. K and Richard Sherman) in Zurich. Again, according to my sources, in connection with an Israeli – Lebanese Banker and the Bank’s own compliance officer, who had cohorts in the Jerusalem Network of the Israeli Mafia, about $20 million from these funds was then embezzled.



There is a Belgium connection in this whole spider web, but for reasons to be made known later, it can't be exposed at this time

There is a Belgium connection in this whole spider web, but for reasons to be made known later, it can’t be exposed at this time

The embezzlement involved the bank setting up Panamanian corporations (highly secretive financial structures) for the survivors. Accounts at the bank were then started for those Panamanian corporations. The accounts were then moved to another Swiss bank—one at the heart of the corrupt ripoff of Jewish accounts in the first place. With connivance from this Swiss bank’s compliance officer, when survivors (all of whom were elderly to begin with) died, their accounts wound up getting transferred over to Lichtenstein business entities which were the holders of the Panamanian corporations. From there, the money winds up going to Costa Rica—where, you guessed it, Sentry Global Securities just happened to be located!



More of the Usual Suspects



Kenneth Orr



Kenneth A. Orr

Kenneth A. Orr

In an administrative proceeding, the SEC made the following findings of fact about a friend and colleague of Mr. L, Kenneth A. Orr [http://www.sec.gov/litigation/admin/34-50941.htm]:




A. Orr, age 38, was a registered representative associated with a registered broker-dealer, J.J. Morgan & Co., a brokerage firm later known as First Cambridge Securities Corp. (“First Cambridge”), and was a registered principal and president of First Cambridge from March 1994 until May 23, 1997. First Cambridge was registered with the Commission as a broker-dealer pursuant to Section 15(b) of the Exchange Act during the period of Orr’s employment.



B. On November 10, 1999, the Commission filed a civil action in federal district court against Orr and sixteen other defendants, charging Orr with violations of Section 17(a) of the Securities Act of 1933 (“Securities Act”) and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, in connection with the kickback scheme outlined in subparagraph III.C hereof. SEC v. Curtis, et al., 99 Civ. 7357 (E.D.N.Y.) (“Curtis”).



C. The Commission’s complaint alleged that, while employed at First Cambridge, Orr received undisclosed compensation for selling stock of ICIS Management Group, Inc. (f/k/a/ Alter Sales Co., Inc.), a Florida corporation, and Pilot Transport Inc., a Nevada corporation.



D. On September 13, 2002, the United States District Court for the Eastern District of New York entered a Final Judgment of Permanent Injunction and Other Relief as to Kenneth A. Orr in Curtis, permanently enjoining Orr from future violations of Section 17(a) of the Securities Act, and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, ordering Orr to disgorge $55,000 in ill-gotten gains, approximately $44,000 in prejudgment interest, and post-judgment interest, and ordering Orr to pay a civil penalty of $55,000. Orr consented to the entry of the final judgment without admitting or denying the allegations in the Commission’s Complaint.



E. Additionally, on January 3, 2002, Orr pleaded guilty to one count of conspiracy to launder money. United States v. Orr, 99 CR 1019 (E.D.N.Y). On May 21, 2002, a judgment in the criminal case was entered against Orr. He was sentenced to three years of probation and ordered to pay a $3,000 fine.



Interestingly and maybe coincidentally, Orr has enmeshed himself with an affinity group similar to those targeted in the scam against the holocaust survivors. From Orr’s own blog [http://orrkenneth.wordpress.com/about/]



Other causes that have benefited from the Orr Foundation’s contributions include Kick-It, Ascent: A School for Individuals with Autism, Mosdot Shuva Israel, American Friends of Meir Panim, Friends of the Israel Defense Forces, and The Brendan & Liam Shanahan Foundation. Kenneth Orr sits on the Board of Directors of Aish HaTorah and the North Shore-LIJ Health System New Leadership Division. He is a Trustee for the Old Westbury Hebrew Congregation…..



So here’s the intriguing thing. After I posted my September 2, 2011 blog that listed Orr, I get some very interesting documents sent to me by a whistleblower concerning a company called Ecologix Resource Group, Inc.. In speaking with the whistleblower, he indicates that the name of Mr. L’s primary public business entity sounded familiar. Before I get to the interesting linkages, here’s a tidbit about the company from Wiki Answers: “The Company was formerly known as Battery Control Corp. and changed its name to Ecologix Resource Group, Inc. on July 14, 2009. Ecologix Resource Group was founded in 2007 and is based in Beverly Hills, California” [http://wiki.answers.com/Q/Who_is_Ecologix_Resource_Group].



An internal shareholders report I obtained dated September 16, 2009 likewise lists the company’s address as SUITE 918 9903 SANTA MONICA BLVD BEVERLY HILLS CA 90212 but yet, the California Secretary of State’s online corporate indexing system seems to have no record of the entity under either Battery Control Corp. or any variation of Ecologix (there were three former “Ecologix” entities, two suspended and one dissolved, but all were formed in 2002 or before). The company’s last SEC filing indicated that it was a Delaware corporation (IRS No.: 980556644 | State of Incorp.: DE | Fiscal Year End: 1231) but given that it continues to list it’s headquarters in Beverly Hills (269 SOUTH BEVERLY DRIVE STE. 1197 BEVERLY HILLS CA 90212) California law requires the company to have registered as a foreign corporation with the California Secretary of State.



The shareholders report lists stockholders all over the world, with quite a few in Israel.



Although Kenneth Orr wasn’t listed as a shareholder, a Barbara Orr of West Palm Beach FL and Brooklyn NY owned 855,000 shares (Kenny’s mother according to one of my informants) while a Jacqueline Orr of New Hope PA owned 30,000 at the time the report was generated. Penson Financial Services, Inc. of Dallas—an entity that Mr. L had accounts with—owned 300,000 shares of Ecologix and Kenny Orr controlled Triumph Small Cap Fund, Inc. of NY owned 3,102,999 shares. Penson incidentally, also figured in a complicated series of financial transactions that attracted the likes of criminals from Bernie Madoff to Semion Mogilevich (head of the Red

Dracula’s vehicle after bombs placed by Mogilevich’s Bulgarian hit men went off

Mafiya, implicated in the assassination of Gyula Tamas Zubovicz aka “Dracula” amongst others) [http://www.calibratedconfidence.com/2011/12/chapter-7-bernie-madoff-cover-up-blind.html?m=1]. Also invoking my analogy of the Venn Diagrams and a series of overlapping circles, an internal spreadsheet shows numerous ties including wire transfers between an attorney, Mr. DLK, who is also associated with Mr. L. The spreadsheet must have been generated by an auditor because it contains a number of questions (in red, apparently literally raising “red flags”) on certain line items, such as:



  • What is Majorie Group and what is the nature of the expense?

  • Is this a loan with Azure? Need a copy of the loan agreement

  • Is this a loan? If so, from who?

  • What was this a payment for?

  • Who is JD Lauren? What is the nature of this expense?

  • This is a loan payment but I do not see a loan from him.

  • Was this paid to him for consulting services? Did he obtain any assets for the company with this money?



Get the picture?



Eric Weichselbaum



Another of Mr. L’s cohorts is Eric Weichselbaum, who was President of the Swiss Forex Group and Secure Currency Investments, Inc. (a suspended California Corporation). In 2004 he was convicted in federal court [http://www.lawfuel.com/may-25-2004-lawfuel-the-former-owner-of-a-beverly-hills-inves/]:



May 25, 2004 – LAWFUEL – The former owner of a Beverly Hills investment firm has been sentenced to 46 months in federal prison for his role in a scheme that bilked investors out of more than $2 million dollars through a foreign currency options trading scam.

Eric Weichselbaum, 34, of Studio City, was sentenced yesterday by United States District Judge Percy Anderson. In addition to the prison term, Judge Anderson ordered Weichselbaum to pay $2.4 million in restitution to victims. Weichselbaum pleaded guilty in January 2003 to three counts of mail fraud.

In 2010, the sentencing judge issued a request by the United States Attorney’s office to order the sealing of a garnishment order concerning Weichselbaum to Mammoth Financial Services, Inc. based in Agoura Hills.

Trump cohort and former Trump Tower tenant Joseph Weichselbaum

While Jonathan Curshen was indirectly linked to Donald Trump via Steve Bannon and Andy Badolato, Trump is directly linked to Eric’s father Joseph Weichselbaum:  http://www.thesmokinggun.com/documents/celebrity/the-donald-and-the-dealer-173892

The above link from the Smoking Gun alleges among other things:

Two months after Weichselbaum’s indictment, the drug trafficker rented a Manhattan apartment directly from Trump, who presumably was aware that his lessee was facing the prospect of spending decades in less swanky environs. The two-bedroom coop unit, in Trump Plaza on East 61st Street, was owned by Trump himself and cost $7000 per month. Weichselbaum made his rent checks out to “Donald J. Trump,” and sometimes paid nearly half the rent in bartered helicopter services.

In addition to Joseph’s criminal conviction, he suffered a 1992 civil judgment in the New York Federal Court:  JUDGMENT #92,0193 for United States of America against Rochelle Weichselbaum, Joseph Weichselbaum $513,359.50 (signed by Judge Kenneth Conboy), Case No. 90-CV-04412-KC.

One of my sources claims (although I have seen no substantiating documents), that Weichselbaum was involved in auctions of homes in Las Vegas as described above, involving renovation and high priced sales with Israeli money that utilize a federal loophole in which no IRS 1099 is issued. This same source indicated that he assisted an individual currently serving time in Federal Prison to move about $500,000 to Israel.



The most surprising thing for me is that when I floated Weichselbaum’s name in this blog, out of the clear blue sky one of my completely unrelated clients in Nevada called and fingered Weichselbaum as a guy somehow associated with two of his own employees who’d embezzled a significant amount of money from his firm.



MORE TO COME, but meanwhile, you can help by circulating this blog to help me garner more information from the world-public at large:



As you have seen this is very unusual case that involves all sorts of white collar crime and I’m eager to get in touch with anybody who has information on any of the following people, places or institutions. Note that inclusion on the list doesn’t mean that they have done anything wrong; some of the people listed may be potential victims. Note also that some of these names may be very common so do not impute anything adverse just because somebody’s name might be in the list because of its commonality. If you know anything or know anybody who might know anything about these folks, bad, good, or otherwise, please e-mail me at:






1. Carmel Towers, Haifa, Israel (20-22 Hannah Senesh)



2. Dizengoff Models, Tel Aviv, Israel



3. Assaf Waknine



4. Hai Waknine



5. Meshulam Riklis



6. Norbert Aleman



7. Judah Hertz



8. Gala Asher



9. Kenneth A. Orr



10. Scott Kaplan



11. Eric Weichselbaum



12. Gyula Tamas Zubovicz



13. Semyon Mogilevich



14. Attorney Oscar A. Sabido, Belize City, Belize



15. Riverside Holdings, Belize



16. Union Securities of Canada



17. Caixa Galicia, Barcelona, Catalonia, Spain



18.David C. Ricci



19. Ronny Morales Salazar



20. Eric Ariav Weinbaum



21. Yitzhak Zigdon



22. Robert L. Weidenbaum



23. Michael S. Krome



24. Steven Rothschild



25. Barbara Rothschild



26. Tasha Utendahl



27. Sentry Global Securities and Sentry Global Trust, Ltd.



28. Penson Financial Services



29. Red Sea Management



30. Global Financial Logistics



31. CO2 Tech Ltd



32. Ryan Reynolds



33. Nathan Montgomery



34. Timothy Barham, Jr.



35. Citron



36. Amr Ibrahim Elgindy aka Anthony Elgindy or Tony Elgindy



37. Philip Gurian



38. Alter Sales Company, Inc. aka ICIS Management Group, Inc.



39. Roddy DiPrimo S.A.



40. Adler, Coleman Clearing Corp.



41. Louis Ottimmo



42. Anthony Ottimmo



43. EKN Financial Services, Inc. formerly known as Ehrenkrantz, King, Nussbaum Inc.



44. Philip Pritchard



45. Pietro Cimino



46. Global Development & Environmental Resources, Inc.



47. Red Sea Investments aka Red Sea Management Ltd



48. Jonathan Randall Curshen



49. Jeffrey A. Royer (incarcerated former FBI special agent)



50. Richard Gilbert Sherman (deceased attorney)



51. Jerusalem Network (Israeli Mafia)



52. J.J. Morgan & Co. aka First Cambridge Securities Corp.



53. Pilot Transport, Inc.



54. Ecologix Resources Group, Inc. aka Battery Control Corp.



55. Triumph Small Cap Fund, Inc.



56. Majorie Group



57. J.D. Lauren



58. Swiss Forex Group



59. Secure Currency Investments



60. Mammoth Financial Services, Inc.

61.  Bruce Grossman aka Brushes L. Grossman

62.  Exactpay

63.  First Curacao International Bank

64.  Andres O. Hayes

65.  Lucia Shum

66.  Rabbi Gershon Miletski

67.  Industrial Biotechnology Corp.







Sleepy Lagoon & Zoot Suit Riots-70th Anniversary


Arab American veteran and attorney, George Shibley

Arab American veteran and attorney, George Shibley

My friend, attorney Bill Shibley, is the son of George Shibley, late esteemed defense lawyer for the Sleepy Lagoon defendants and for Sirhan Sirhan amongst many others in his distinguished career.  Los Angeles Mission College is doing a commemorative event on May 8 for the historic and infamous Sleepy Lagoon frame up trial and the Zoot Suit Riots, an ethnic cleansing pogrom against Chicano/Mexicano and African American Zoot Suiters by American soldiers, sailors, and marines in 1943 Los Angeles:

Wednesday, May 8, 2013, 6:00 p.m. – 10:00 p.m.

For more information: Contact: Darlene Montes, (818) 364-7792Honoring the 70th Anniversary of the
Sleepy Lagoon Trial and Zoot Suit Riots of Los Angeles Zoot Suit RiotsWHO/WHAT: CSUN Chicano Studies Professor Dr. Jorge Garcia and Pasadena City College Social Science Professor Dr. Enrique Orozco will discuss the events that took place during the Sleepy Lagoon Trial and Zoot Suit Riots of the 1940’s.Specials guests Eleanor Mendiaz and Candace Leyvas-Fortythe, surviving niece and great niece of Henry Leyvas, defendant in the Sleepy Lagoon Trial.WHEN Wednesday, May 8, 2013 6:00 p.m. to 10:00 p.m.WHERE Los Angeles Mission College
13356 Eldridge Avenue
Sylmar, CA 91342Event Site: Campus Center Main

Sleepy Lagoon trial: round up all the usual suspects

Sleepy Lagoon trial: round up all the usual suspects

WHY:   The event, co-sponsored by LAMC Chicano Studies

Department, MEChA, and Associated Student Organization
(ASO), is an informational session to provide students and the community with an overview of the incidents that lead to the Sleepy Lagoon Trial in 1942.COST FREE!INFORMATION John Morales, Chicano Studies Professor
Phone: (818) 364-7679
Email: moralejj@lamission.edu________________

Fletcher Bowron Square: Mayor Fletcher Bowron during World War II wanted our servicemen to continue behaving like the Wehrmacht was treating Jews and Gypsies in Europe. Why not just rename the Square for Adolf Hitler and be honest about L.A.'s blind eye towards historical racism?

Fletcher Bowron Square: Mayor Fletcher Bowron during World War II wanted our servicemen to continue behaving like the Wehrmacht was treating Jews and Gypsies in Europe. Why not just rename the Square for Adolf Hitler and be honest about L.A.’s blind eye towards historical racism?

My Note: The Los Angeles Plaza in downtown is technically “Fletcher Bowron Square.” Mayor Fletcher Bowron urged the MP’s and the Shore Patrol to unleash the soldiers, sailors, and marines so that they could continue to beat, rape, and otherwise fuck over Zoot Suiters during the riots. California League of Latin American Citizens (CALLAC) has long been demanding a historical monument at the plaza to memorialize that Fletcher Bowron was a pig and a racist. MAKE THIS AN ISSUE IN THE LOS ANGELES MAYOR’S RACE!–Jan B. Tucker, State Director, CALLAC


“Justice” Since the Sleepy Lagoon Case:  Has anything changed?

According to Wikipedia, during the Sleepy Lagoon trial (People v Zammora et al):

Judge Fricke also permitted the chief of the Foreign Relations Bureau of the Los Angeles sheriff’s office, E. Duran Ayres, to testify as an “expert witness” that Mexicans as a community had a “blood thirst” and a “biological predisposition” to crime and killing, citing the culture of human sacrifice practiced by their Aztec ancestors.

People v. Zammora, 66 Cal.App.2d 166 (Oct. 4, 1944); in the appellate court decision it was noted that:

It was the contention of the prosecution that appellants had conspired together to commit murder, assaults with intent to commit murder, assaults with a deadly weapon and assaults by means of force likely to produce great bodily injury; that the objective and common design of such conspiracy was to wreak vengeance upon and against the so-called “Downey boys” who had allegedly assaulted some of the appellants earlier on the night in question; and that, in furtherance of such common design of revenge, and, as a natural and probable consequence of such common design and conspiracy, [66 Cal.App.2d 202] one or more members of such unlawful combination committed all of the crimes charged in the indictment. However, our examination of the record in this case convinces us that there is a complete lack of material and relevant evidence from which the jury could properly find or infer that appellants formed a conspiracy of the kind and type, or for the purposes, claimed by the prosecution. The most shown by the evidence is that appellants banded themselves together to “have it out … with their fists” with the “Downey boys” in retaliation for the fistic encounter that had taken place earlier that night. But, to say that they combined together with the avowed purpose of committing murder does violence to the factual situation presented by the record herein. There is also a total lack of evidence to show that any of the appellants murdered Diaz, and only the unsatisfactory evidence hereinbefore discussed in connection with defendant Parra to show that any defendant committed any assault with a deadly weapon. Indeed, respondents confess in their brief that “the evidence, however, in the hands of the prosecution unerringly pointed to the conclusion that some one or more of the defendants had been perpetrators of the crimes charged,” but we are not directed to any evidence in the record which identifies any of the appellants with the murder of Diaz or the assaults charged in counts II and III, except the testimony hereinbefore discussed as to appellant Parra in connection with the assault upon Joe Manfredi charged in count II.

So has anybody learned anything from the history of the Sleepy Lagoon trial or is it still the case as H. Rap Brown once put it, that “Justice in the United States means ‘Just Us White Folks?'”

In a case that I recently worked on–pro bono because the judge refused to appoint either myself or our expert witness psychologist and where the attorney wound up effectively pro bono after his meager retainer ran out–check out what the court allowed as admissible “expert testimony” — http://janbtucker.com/blog/2012/09/01/lapds-gift-to-ms-13-defense/

Here’s an excerpt from a brief I wrote for the defense in People v Irving Guevara regarding the so-called expert testimony given to the court by LAPD so-called gang expert Officer Edgar Muro:


At page 76 (Exhibit 2) of the Preliminary Hearing Transcript, the following exchange took place (with the exception that the word “Consafos” was mis-spelled as “Consados” in the transcript):












C.S., NO.










Aside from the fact that Officer Muro had several days between his testimony and that of Officer Boyle, apparently he lacked the basic scientific curiosity or even normal human curiosity to take the time to find out why the question was being asked and what it’s relevance to the Defense might be, his (and Officer Boyle’s) lack of knowledge demonstrate that whatever the extent of their expertise, it is limited to a very recent time period. In 1993, Jose Antonio Burciaga wrote in “Drink Cultura: Chicanismo,” [Joshua Odell Editions/Capra Press, 1993] that Consafos has long term and deep meaning within Chicano culture, especially as it relates to graffiti:


At one time or another many of us have seen the c/s sign-off on Chicano ‘placas’ and graffiti in the Southwest or Midwest. It’s a very common Chicano symbol but its true origin and significance is nebulous. It is not a Mexican symbol but a Chicano, a Mexican-American, symbol. Its origin is unknown but, like the ‘Pachuco’, it probably originated in South El Paso’s ‘Segundo Barrio’. The c/s sign-off means ‘con safos’, and translates literally as “with safety.” It was meant as a safety precaution, a barrio copyright, patent pending. No one else could use or dishonor the graffiti. It was an honorable code of conduct, a literary imprimatur. Like saying “amen,” it ended discussion. Above all, it meant, “anything you say against me will bounce back to you.” Most kids respected a ‘placa’ if signed off with the c/s. Without that symbol, a placa would sooner or later get scribbled on or erased. Some kids would put a double c/s sign or put xxx after it, or a skull and cross bones, which physically threatened anyone who did not honor and respect the code. The closest possible Spanish word from which safos could have come would be ‘safo’ from ‘safar’, or ‘safado’, which translates to slip or slipped. This is a plausible definition since the c/s is meant to let insults slip off, to protect and shield from attacks. In a game of marbles, Chicano kids used the word ‘safis’ if they let the marble slip before shooting it in the right direction. By saying safis the marble shooter was allowed to try again. Some Chicanos will also end a placa, graffiti, with the message ‘con o sin safos’, which means that with or without safety, with or without this code, whether you like it or not, whether you insult me back or not, this placa, insult or praise, stands.


Within the context of the academic discipline known generally as “Chicana/o Studies,” to call ones-self an expert on gangs [in Exhibit 3, Officer Muro’s CV, he claims that he has expertise in “Identifying and photographing gang members/associates and gang graffiti”) without knowing the term Consafos or its abbreviation “c/s,” is considered laughable and nothing short of astounding. If indeed law enforcement gang expertise as taught in Los Angeles—home to more persons of Mexican descent than any city in the world save Mexico City—is unaware of the term consafos and/or the use of “c/s” in graffiti, by its nature it has to be so recent an invention as to be considered by analogy, a “recent fabrication” within the meaning of People v. Manson (1976) 61 Cal. App. 3D 102. Therefore, the test Kelly/Frye test of People v. Leahy (1994) 8 Cal.4th 587, 34 Cal.Rptr.2d 663; 882 P.2d 321 should apply, because the so-called science of insular law enforcement gang-expertise is in fact not generally accepted by the larger scientific community.

Here’s another problem with Muro’s testimony:

The literature which Muro’s CV contends he has read demonstrates that his opinions are selectively designed to dismiss anything that contradicts what he believes the prosecution wants him to say. For example, at page 45 of the Preliminary Hearing Transcript, Exhibit 4, in which he states:





The literature and resources Muro cites for his qualifications in his CV contains much that contradicts this opinion and nothing whatsoever that supports it. There is in fact no responsible literature that supports the contention that MS-13 “frowns on the killing of women and children.” If Muro is reasonable, he cannot possibly believe this to be true and his statement to the court that he does should be analyzed in light of Section 125 of the California Penal Code: “An unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be false.”

Finally, what takes the cake as to the LAPD’s so called “expert” testimony in the Guevara trial is that they claimed, under oath, that Irving Guevara’s (a 16 year old high school student that was also working 40 hours per week) nickname of “Dreamer” was consistent with his having adopted a gang name.  Many of my readers are in fact “Dreamers” and many others know exactly what is meant by a “Dreamer” in the immigrant community.  It means that you are a DREAM Act student hoping to go to college even though you are an undocumented immigrant.  In other words, the best of the best, not the worst of the worst of society.

In spite of the fact that the police and prosecutors acknowledged that Irving tried to interfere with the attempted murder of the victims by warning the victim’s girlfriend at the scene of the crime that the shooter had a gun and trying to get the victims’ group to flee the scene, and despite the fact that Irving later identified the shooter for the police, they charged him, claimed he was a member of MS-13 and tried to give him LWOP (Life Without Possibility of Parole).  At the last minute, rather than either side throwing the dice at trial, we got him a deal for eight (8) years in prison (the other side’s offer had been 20 years).

Is it okay with you for business as usual in the courts for police “experts” to claim that a “Dreamer” is a gang alias and that you can be sent to prison for the rest of your life, or maybe given the death penalty for being a Dreamer?  Since that is the current state of affairs in Los Angeles, then H. Rap Brown is still correct about our system of law…..so what are you going to do about it?


Cynthia McKinney & Kathy Cleaver in Inglewood


Former U.S. Representative Cynthia McKinney spoke last night at Chuco’s Justice Center (1137 Redondo, Inglewood) and as an added bonus, Kathleen Cleaver, Yale lecturer and attorney of Black Panther Party and Peace & Freedom Party fame, just happened to show up.  Kathy had been in town for an event on Sunday which I missed (I was recovering from a trip with the National Brown Berets de Aztlan to Chicano Park in San Diego) and it was a real delight to get to meet her.

Center:  Cynthia McKinney; R:  Jan B. Tucker

Center: Cynthia McKinney; R: Jan B. Tucker

Cynthia is on tour promoting her new book, Ain’t Nothing Like Freedom.  During the question and answer session, she responded to a question from Kathy about her views of President Barack Obama with some very choice insights:

The Black community fell head over heels in love with the white approved candidate

There has been the largest transfer of wealth out of the Black community since the transatlantic slave trade

This is how our President says hello to Africans:  we are killing more people in Africa than ever before.

L:  Jan B. Tucker; R:  Kathy Cleaver

L: Jan B. Tucker; R: Kathy Cleaver

Although I’d met her late ex-husband, Eldridge Cleaver (author of Soul on Ice, 1968 Peace & Freedom Party presidential candidate, and Black Panther Party Minister of Information–the same title my friend Miguel Perez now holds with the Brown Berets) on a couple of occasions, I’d never met Kathy.  I had heard stories about her from my old Black Panther and PFP friends over the years which led to my great admiration for her (far more than I ever respected Eldridge, a convicted rapist who in the 1980s became a Mormon, a Republican, and endorsed Ronald Reagan for President).  I recall in particular one story illustrating just how hard those early days of the BPP and PFP were from my old and dear friend Trudy Saposhnek, who was transporting Kathy & Eldridge’s children around town in Los Angeles.  A car backfired on the freeway and both of the children hit the floor of the car, ducking and covering because they thought it was gunfire.  They were used to hearing gunfire around them.

Kathy had been Communications Secretary for the BPP and the first woman on the organizational decision making body.  In 1968, she ran for the California 18th Assembly District seat as the Peace & Freedom Party candidate.  It was a nice surprise for her when I told her I was going to send the photo of us to Lanric “Rick” Hyland (who managed Eldridge’s 1968 Presidential candidacy) and Elbert “Big Man” Howard, a founder of the BPP, both friends and colleagues of mine.

Well on to the next adventure:  the revolution continues and whether or not it will be televised, it will be blogged…..




Guest Opinion, by Sherry Lear, Esq. & a leader of Miss Revolutionaries

Like many others, I was absolutely shocked to find out that Steve Landsburg had published a blog which posed the question:

Sherry Lear (L), Jan B. Tucker (R) @ Miss Revolutionaries rally

Sherry Lear (L), Jan B. Tucker (R) @ Miss Revolutionaries rally

“Let’s suppose that you, or I, or someone you love, or someone we care about from afar, is raped while unconscious in a way that causes no direct physical harm– no injury, no pregnancy, no disease transmission.  (Note: The Steubenville rape victim, according to all the accounts I’ve read, was not even aware that she’d been sexually assaulted, until she learned about it from the Internet some days later.)  Despite the lack of physical damage, we are shocked, appalled and horrified at the thought of being treated in this way, and suffer deep trauma as a result.  Ought the law discourage such acts of rape?  Should they be illegal?”

(For those who missed the original, it has been edited as of 4/5/2013, but the basic content is the same:  http://www.thebigquestions.com/2013/03/20/censorship-environmentalism-and-steubenville/.)

Of note, this is the Third Question posed in the blog. The first two also present hypothetical questions about two individuals, notably each of those is given a name.  The rape victim is not given a name, she is only identified as a female and presumed to be someone that the reader loves or cares about.  From the moment of identification, the rape victim – and she would be considered a rape victim in any state in this Country as having sex with someone who is incapable of consent is the very definition of rape — is treated differently.  She has no name but she is only considered to be worthy of consideration if she has a relationship to the reader – the very least of which is being someone that the reader must care about “from afar.”

What about the rape victim who fits this scenario but is NOT someone that the reader, or even society in general, cares about? What if the victim happened to be an unconscious child, of such a tender age that the child did not and could not appreciate that she (or he – please remember that 10% of male children in the United States are the victims of sexual abuse) had been violated? What about the drug addict or alcoholic homeless woman who has passed out  lying in an alley who is raped?  What about the woman, that someone else loves or cares about, but that the reader does not know?  What about a woman (or man) who has been intentionally drugged so as to facilitate the act of rape?  Are these victims not worthy of consideration?  Why has such a limitation been placed that the victim must be someone of value to the reader?  What does that say about society in general or the person posing the question?

The author of this piece has, it seems intentionally, asked the reader to assume an emotional connection with the victim.  Notably, the presumed emotional connection is not designed or intended to show support for the victim; but rather, to point out what author sees as a flaw in logic by virtue of the reader’s reaction to the proposed scenario, as opposed to those proposed in Questions One and Two.

In Question One, Farnsworth McCrankypants suffers “deep psychic distress” from the mere idea of someone viewing pornography, even though McCrankypanks does not believe that pornography causes bad behavior. Landsburg asks if Farnsworth “preferences” are to be considered when making public policy relating  to pornography or used as an argument for discouraging pornography through taxation or regulation.   Landsburg’s opinion about this is obvious from the title to the article which references this as “censorship.”

In Question Two, Granola McMustardseed, a female, suffers from psychic distress at the idea of altering the natural state of a wilderness area.  Landsburg asks if the psychic harm suffered by Granola should be considered, for example, as a reason to discourage oil drilling in in Alaska even if she has no plans to visit that area or “derive any other direct benefits from it.” Again, the title to this article gives us a clue to Landsburg attitude about Granola since he sums up such concerns as “environmentalism.”

The MetaQuestion then posed is what is the critical difference between Questions 1, 2and 3 if the answers to these questions are not all the same.

There are many issues which could be addressed.  I will only attempt to tackle a few. First, is  the hypotheticals themselves.  As I have already noted, both of the “victims” in Questions One and Two are given names.   Those names, standing alone, carry certain judgments about person being discussed.  One can imagine an elderly, White, Christian male of conservative values and political affiliations as “McCrankypants.”  The very name makes Farnsworth an unreasonable person.  Granola, on the other hand, conjures up images of an “environmentalist” – read tree-hugging hippy-type — who is equally unreasonable. While all three questions are posed as hypotheticals, Questions 1 and 2 carrying enough stereotypical images that the reader can create an image of a person – one that the reader may likely already have some preconceived biases(either positive or negative) about.

Going back to Question One – Farnsworth is painted as unreasonable by virtue of the fact he hates the mere idea of people looking at pornography but has no concern about or belief that pornography causes bad behavior.  The question does not even assume that Farnsworth has a religious or moral objection to pornography – he just does not like the mere “idea” of someone viewing pornography – even if he does not see that act or never sees the pornography himself. Thinking more deeply, does a person like Farnsworth actually exist?   Most who would regulate or “censor” pornography (a word which in itself carries negative judgments) – even the stereotypical elderly, White, Christian male with conservative political leanings – are able to articulate some rational for doing so.  Farnsworth is not afforded such an opportunity.  Why is this?  With the scenario described, Farnsworth is actually someone who does not exist.  Thus, his“preferences” would never bear on public policy or legislation.

On to Question Two – the hypothetical again lacks critical details.  When Landsburg uses the term “a wilderness area,” what does this refer to? Wilderness in terms of undeveloped, virgin land?  Who owns this wilderness?  Has it been designated as “wilderness” by the United States Government (a designation which carries very specific meaning and protections) or some other country?  Is there anything unique to this wilderness – be it in the flora, fauna, history or the location itself?   How much flora and fauna does this wilderness area support and will the alteration of the wilderness area have a negative effect on these life forms?  Moreover, are there humans (since Landsburg seems to assume that human needs are all that matter) who are presently deriving some sort of “benefit” from the wilderness in question besides Granola?  Question Two also overlooks the fact that Granola may derive some benefit without visiting the wilderness –such as enjoying photographs of it or even some sort of natural product (think organic honey) that may be gathered there.

Unlike Farnsworth, Granola can be a real person. There are many people (some who may call themselves environmentalists and others who may not) who find the idea that virgin wilderness, undisturbed by humankind, has a value in and of itself. Why is Landsburg so quick to dismiss this?  Landsburg then moves on to ask the question if Granola’s concerns (which are initially described as for “a wilderness area”) should be considered when deciding to drill for oil in Alaska.  Well, there are parts of Alaska that are designated as wilderness and parts that are not.  That wilderness also has some unique values in and of itself – such as supporting species of endangered animals, containing important layers of permafrost, etc. etc. But, Landsburg’s blog minimizes the entire environmental movement by claiming that the concerns of a person with no plans to visit a wilderness area being proposed for oil drilling should not be considered when making public policy.  Granola concerns are not invalid, nor is a concern for preserving wilderness overall one that should be invalidated.

In contrast,the Third Question is far from a hypothetical. It is a direct correlation to an actual rape scenario, one which has garnered national attention, response and, rightly, outrage.   The Steubenville victim is not a stereotype but a real person.  Moreover, she is one of hundreds of thousands of rape victims in the United States.  She is a victim of an acquaintance rape –having been raped by someone that she knows – and not a stranger rape.  She was intoxicated at the time of her rape,which is also a common scenario for many rape victims.  She is not merely sitting in her home and suffering from psychic distress as the thought of what someone else might be doing in a place far, far away, as part of an act which she herself will never witness.  Moreover, we have all also witnessed this act by virtue of the publication of photographs showing her unconscious and naked body being dragged about in a room full of partygoers.  We not only know that this woman was violated, but we have seen it displayed – across the Internet – – where she has been violated all over again.

Landsburg is troubled by the fact he can find no reason for the victim (or the reader) to be upset by finding out about a rape which occurred when “safely unconscious” and therefore, “shielded from the costs of an assault.”  Clearly, the Steubenville victim was not “safe”when she passed out intoxicated and was dragged around a party by a rape crew,photographed and left violated.  Clearly, she was not shielded from the “costs” of an assault. There are many, many rape victims – intoxicated or not – who pass out or black out during the act and are unable to remember all, part or much of it. This is quite common as the brain, once it perceives that the assault cannot be prevented, will go into a crisis reaction mode.  The normal human reaction of fight having been overcome by the perpetrator will turn to flight – which might be that therape victim’s subconscious blocks memory of the attack.  But such “relief” may be only temporary.  Many, many victims of rape block these events from memory for months and even years, only to have some trigger bring the event back to memory and, along with it, very real psychological trauma.

Landsburg clearly knows little, if anything, about the realities of rape, the psychological effects on the victim or the reactions of rape survivors.  His comment that rape can ever cause merely “psychic harm” shows he has little understanding of the female anatomy.  Having a foreign object penetrate a vagina that is unprepared for such penetration and without consent is, by definition, a physical harm.  There are many physical changes which need to occur in a women’s body to ready it for sex, for example, increased blood flow to the sexual organ area, swelling, the loosening of vaginal and cervical muscles and creation of lubrication to allow the object to move into the vagina without discomfort or damage.

Rape in and of itself is a physical damage.  To equate being raped with being penetrated by photons (light particles) from a street lamp is an extremely poor analogy and even more dismissive than Landsburg’s attitude toward environmentalists who want to save wilderness areas from desecration.

Rape Silence Sex is the most personal of contact that any two human beings can have.   It can, and must, require consent.  A sexual penetration achieved without full, willing and knowledgeable consent of both parties is a rape.  If we allow someone to “reap the benefits” of such a penetration without consent, or even consider the idea of legalizing such action if the perpetrator takes efforts to make sure the victim does not remember the assault, then what are we condoning?  It must involve some act to render the rape victim unconscious; an act which would, again, be done without consent. Would that involve physically knocking the victim out, administering drugs, hypnosis?  If a would-be rapist comes upon a person who is unconscious for whatever reason (asleep, ill, comatose, intoxicated)how would the rapist be able to ensure the victim would not wake up during the attack?  Drugs?  Chloroform? What if the drugs administered themselves cause a physical harm (separate from the penetration itself.) Would that be a crime while the rape is not?

If we, as a society, were to allow sexual penetration to occur in such a circumstance, what would we teach our children about this?  Little Johnny or Jane, I want you to know that if you get drunk and pass out at a party, or you happen to be in a deep sleep, then someone is allowed to sexually penetrate you as long as you don’t know about it.  And, it really is not a big deal since that person has not really “harmed” you.  What parent is going to have this conversation with a child?  None that I can imagine in any hypothetical.

Steven Landsburg, male chauvinist pig (MCP)

Steven Landsburg, male chauvinist pig (MCP)

On to Landsburg’s scenario, how can the rapist ensure that the act of penetration,done without consent on an unconscious victim won’t cause harm?  A vagina can suffer tearing from consensual sex.  What if the victim is a virgin and her hymen is torn during the act?  Is that not a harm?  How do we really know that the victim will not experience pain during the attack?  As noted before, what if the memory of the incident and the pain come back months or years later?  Can the perpetrator be prosecuted at that time?  And who is the one to decide if the victim has suffered physical “harm.” Is it enough that the victim say something like, “I was passed out and I don’t remember the act, but I had spotting afterward or my vagina felt sore.” Who is to make such a judgment as to whether the “harm” was physical or “enough” to merit prosecution?  What about a victim who suffers from PTSD (as many victims of sexual assault do?)  Is this a physical harm?  The questions are endless and so are the potential problems that allowing anyone to “reap the benefits” of non-consensual sex under any circumstance.

Is Landsburg actually serious when he proposes the idea that rape of an unconscious person be legalized if the perpetrator takes precautions “to ensure the victim never learns about it?”  And why limit the scenario to sexual assault?   What about the homeowner who leaves his home unlocked while away at work?  Is there any physical harm, if a passerby enters the home and makes herself comfortable while the owner is gone?  After all, the homeowner is not being deprived of the use of the home himself and so long as nothing is disturbed or removed, the homeowner will never know.  So, why not let the passerby “reap the benefits?”

Which leads me to my last thought for this response.  No one should ever “reap the benefits” of a sexual assault.  There is no benefit for anyone in a rape.  It is a dehumanizing and animal act, not just for the victim but also for the perpetrator.   The very thought of legalizing rape, in any form or any circumstance, is not something which merits “critical thought.”  It appropriatelymerits disgust and revulsion.  And, I for one, am disgusted that someone who holds the position of professor at an institute of higher education would ever suggest this.


My commentary:  Sherry has been careful and proper to avoid argumentum ad hominem (abuvise) terminology to refer to Landsburg.  Normally, I am careful to do so as well, but in this case, I can’t refrain.  He is either an idiot, an asshole, a male chauvinist pig (MCP) or some combination of the foregoing.