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Lake George’s Premier Pontoon Adventure Company
You can now enjoy the lake the way you always wanted to. A customized lake and island adventure on a new Bennington pontoon boat. Tubing, cliff jumping and swimming in Paradise Bay and Log Bay are just a few of your choices. Picnic or barbeque on the best islands or perhaps enjoy a Thursday night fireworks cruise. We offer something for everyone. Get out on the lake… after all, isn’t that what you came here for?

domain: travel


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They say you haven’t been to Laos if you haven’t visited the Patuxai War Monument in the country’s capital, Vientiane. I must admit I love that saying, because it is sucha true statement, as this special landmark represents the country so proudly, historically and it stands central in the city with its large presence for everyone to see on the famous Vientiane strip on the Ave Lane Xang.
Do yourself a favour while sightseeing the unique city of Southeast Asia and get yourself to the Patuxai War Monument, it’s gorgeous from the outside, inside the buildings where you’ll find an abundance of market places and on the top, you” catch beautiful views of Vientiane.
The Patuxai War Monument Vientiane
The meaning behind the Patuxai War Monument Vientiane
The construction of the monument was completed in 1968 and it took a good ten years to construct. The Monument is dedicated to people of Lao, who struggled their way for independence from the French, who colonised the country from 1893 to 1953. The Patuxai is also know as the Victory Monument and for obvious reasons too as it is a celebration of what the Country of Laos is all about.
The Happening in, around and on top of The Monument
There is a lot happening around the Patuxai War Monument during the day. First, there is Patuxai park, which great to stroll around the gardens that has many memorable events happening all year round with the magnificent Monument standing large in its grand structure in the background for all to see and gaze at, as the locals and tourist get caught up the festivities of entertainment going on nearby.
Inside the walls of the Patuxai itself, there are plenty of market places as you elevate and struggle your way to the top with many steps to confront, there is no elevator. Each separate floor has market stalls that sells a variety of unique Laos souvenirs and a very reasonable price, so purchase an item without fear of being ripped off. Also take in some great artwork with in the walls of the Monument that do look spectacular.
Once you make your way to the top and I can’t stress strongly enough about going on a clear day, you get a brilliant 360-view of the Vientiane city. It is a breathtaking scenery as you stand on top of this precious landmark and marvel on all things around you. The best bit is, Vientiane doesn’t have many sky rise buildings to block your gorgeous view, so you can appreciate this boutique capital city at its peaceful best.


There is not going to be a repeat of the mass evictions that pressured households from their properties and enraged many within the Heron Gate neighborhood final spring, executives with developer Timbercreek pledged at a neighborhood session Monday night time.
Within the first replace since early December on the plan to redevelop 40 acres of land within the coronary heart of the Heron Gate neighborhood, Timbercreek executives and consultants, together with Alta Vista Coun. Jean Cloutier, rolled out a number of the first conceptual sketches of what the property might seem like.
Greg Rogers, Timbercreek senior VP improvement, known as it a “long-term plan for a neighborhood’s renewal,” exhibiting slides of streetscapes, parkland, and housing models that Timbercreek pledged would include about 20 per cent reasonably priced housing.
The developer additionally pledged it will abide by a “social contract” that introduced a spherical of applause from the group of about 60 residents and neighborhood advocates who packed into the Heron Street Neighborhood Centre.
“No additional demolitions for occupied models will happen till impacted tenants are capable of switch their leases and relocate throughout the neighborhood to newly-constructed models on the identical lease,” Timbercreek acknowledged.
Cloutier stated he’s been in talks for months with the developer in regards to the “groundbreaking” settlement.
“It has by no means been performed,” Cloutier stated as contributors broke off into focus teams to brainstorm additional concepts and visions for the redevelopment, which Timbercreek has additionally promised it should research and incorporate into its closing design.
“If there must be redevelopment and if some properties have to be torn down and demolished, we can’t have one other episode the place lots of of households are being evicted en masse,” Cloutier stated. “We’d like an settlement the place these households can transfer into one other residence throughout the neighborhood, as a result of it’s their neighborhood.”
These models should be the correct dimension for the household, the councillor stated, and should be on the identical rental value.
“There’s the normal planning the place we discuss transit, land use, recreation — all essential elements, however this social a part of this redevelopment is groundbreaking,” Cloutier stated.
The councillor famous the dedication was made within the pre-consultation part, as there isn’t a official website plan or official zoning utility earlier than the town’s planning division whereas the developer continues to gather enter from the neighborhood.
What Timbercreek described because the “social framework” of its imaginative and prescient is made of 5 details, together with the pledge to relocate impacted households and a dedication to designate 20 per cent of the newly-constructed models as reasonably priced housing.
The developer additionally pledged variety in housing models, improved use of inexperienced area in and round Sandalwood Park, and efforts to deliver employment and coaching alternatives into the neighborhood.
“Individuals have to really feel included locally, related to social networks and engaged in neighborhood and civic life,” stated Antonio Gomez-Palacio, a advisor working with Timbercreek on the venture.
“That was a superb first step, however this neighborhood continues to be in large bother,” stated neighborhood advocate Paul Howard outdoors the assembly, referencing the current outbreak in violence and the long-standing presence of avenue gangs within the space.
“It’s in transition and issues are literally getting worse earlier than they get higher. However we will beat this downside of violence, there’s no excuse for it. And I’m all for enforcement, however we will by no means arrest our means out of the issue,” he stated.
Howard gave credit score to Timbercreek and to the councillor.
“I’ve been (Cloutier’s) greatest critic, however I feel we have to flip the web page and all work collectively. We will do higher on this metropolis and it’s as much as us to all pitch in.”
A second neighborhood session will probably be held Tuesday at 6 p.m. at The Hub on Cedarwood Drive.
Additionally within the information for Feb. 11


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sir my mother has some infection in ear . there is th presence of some pus in the ear from 15 days. there is pain in throat also. sir my mother has some infection in ear. there is th presence of some pus in the ear from 15 days. there is pain in throat also. sir. there is a kind of burning in throat, and the left ear has pain and whole left side of face below the eyes is paining... tht kind of thing occured before few months bt it got cured.. bt in lucknow v r not gettin some gud doctors here..
Welcome to HealthcareMagic Forum,
This can be fungal infection, with inflammation of the external auditory canal causing these problems. You can consult any ENT specialist, then will be able to manage this condition. In case your mother is a diabetic please get it controlled. Any more doubts you are welcome.
Dr. Naveen Kumar
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Hey Dear Doctors .My problem is that i felt sick for the couple of days , sore throat , headache and now suddenly (Today) My right ear just started hurting and was kinda locked (For now the pain has gone away a little ) for no reason at all .. and i still sometimes have a headache and some dizzynessI suspect ear infection , but maybe I m wrong ... I need a proffessional opinnion .Terjo Tera Estonia -
Dear Doctor, my son, 3 years old had last month an out ear infection and was treated with eardrops and an antibiotic. Now since 2 days he has pain again and I started neomycin drop 4 times a day yesterday. But this morning pus comes out. Can I continue the drops after cleaning gently the ear or does he needs an antibiotic again? We are flying this Friday and I am worried he will be in a lot of pain. Thank you. Ineke, Thailand.
I have ear infection again with a tube just put back in ..so , ear is draining with green pus .ear is still hurting anbd back of throat hard to swallow . Have antibotic ear drops ... How can clear up this infection been to ear dr. Three times he drained the ear . Im in pain ....
I was diagnosed lat week wtih a fungal ear infection. I am on clotrimazole drops. The ear canal is much better but ENT doctor said there is fungus on my eardrum, which is causing me some pain but mostly loss of hearing. It sounds like I am under water or in a tin can. How long do you think this may take to resolve?
I've had fluid - sometimes a clear, off-white, sometimes with blood - oozing out of my right ear. There is no accompanying ongoing pain, just an occasional sharp pain that comes and goes in a few seconds. 5 pills of Levoquin didn't help. What...
My son is 6days old... 1 In d night wat ever I do he won't wake, he will b in deep sleep....In that case how to feed every 2 hrs 2 How to know if baby tummy is full 3 Is it ok to use diaper whole day 4 before changing. to new diaper do I need to...
Hi Doctor,My 2month old son had colds a few days back and now its totally gone. Since gooey discharges in the ear are commonly caused by colds (and other illnesses), i wanna know if i need to be alarmed with the gooey ear discharge i saw in his left ear? at first i saw some crusty substance (for 2days) in his ear just outside his ear canal and in the inner part of his ear flap or pinna, and late yesterday i started to see some liquid or more of a gooey substance in that same ear canal, it does look like a thick mucous and its yellowish in color, beneath it is a creamy liquid substance that smells. Could it be from the colds he catched few days back? or Could have water gone in his ears while i bathed him and caused it? i bathe him every day and call me crazy but im the kind of mum who always check on my baby and i definitely make sure he is clean all the time. this gooey substance in his ear comes out frequently, i couldnt leave his ear unattended in half an hour and its there again.Please help coz Im not sure if it does hurt him coz my baby is normally a bit fussy, i cant tell which is which that causes his fuzziness.Thank you!- dee
I have off and on fuzzy ear canal feelings, feel like light cotton ball floating around. iam 51 yo, no hearing lose or ear discomfort, just annoying fuzzy feeling, making me want to scoop with my finger. I take about 10 mg of Adderall xr, and 5 mg of Lexapro daily. thoughts ideas about a remedy?

domain: medical


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Subtypes:There are three distinct types of MGUS:
- Non-IgM MGUS (IgG, IgA, IgD): Accounts for the majority of MGUS cases and is characterized by a monoclonal plasma cell.
- IgM MGUS
- Light chain MGUS (LC-MGUS): Characterized by a monoclonal protein that lacks the immunoglobulin heavy chain component.
Disease course:MGUS is generally considered a preneoplastic disorder that does not always progress to overt malignancy. However the subtypes lead to distinct pathologies if and when they progress further.
- Non-IgM MGUS: Malignant plasma cell neoplasm
- IgM MGUS: Waldenstrom macroglobulinemia, immunoglobulin light chain (AL) amyloidosis, or lymphoma
- LC-MGUS: Idiopathic Bence Jones proteinuria, light chain PCM, AL amyloidosis, or light chain deposition disease
According to a population-based cohort study, the risk of progression to multiple myeloma in patients with light-chain MGUS is 0.3%.
MGUS is both biologically and clinically heterogeneous with a spectrum of patients who eventually progress and others who have a durably indolent course.
Complications:MGUS is associated with infections, fractures, peripheral neuropathy (PN), thromboembolism, and monoclonal gammopathy of renal significance (MGRS).
- Deficient humoral immune responses: High rates of infection and reduced antibody response to vaccination
- Increased hip and spinal fractures:
- Altered bone strength and microarchitecture
- Elevated RANK-L/OPG ratios
- Decreased bone mineral density and increased rates of osteoporosis
- Peripheral neuropathy (PN):
- IgM MGUS is associated with distal acquired demyelinating symmetric neuropathy that presents with sensory ataxia and mild distal motor deficits
- IgG/IgA MGUS associated with chronic inflammatory demyelinating neuropathy (CIDP)
- Monoclonal gammopathy of renal significance (MGRS): Group of kidney disorders (renal impairment and/or proteinuria) caused by the physiochemical and immunologic properties of deposited monoclonal immunoglobulins in premalignant PC dyscrasias and are diagnosed by renal biopsy
- MGRS includes glomerulopathies with immunoglobulin depositions such as those with fibrillar amyloidosis (immunoglobulin light chain [AL], heavy chain [AH], and light and heavy chain [ALH]), microtubular (type I and type II cryoglobulinemias, immunotactoid glomerulopathy), or nonorganized deposits (monoclonal immunoglobulin deposition disease [MIDD]). Proliferative glomerulonephritis with monoclonal
2014 International Myeloma Working Group criteria (2014):The diagnosis of non-IgM MGUS is based on three criteria:
- Serum monoclonal protein < 30 g/L (3 g/dL)
- < 10% of clonal plasma cells in the bone marrow
- Absence of CRAB symptoms (hypercalcemia, renal insufficiency, anemia and, bone lesions suspicious for PCM)
Differential diagnosis:It is crucial to distinguish non-IgM MGUS from other advanced plasma cell neoplasms since these diseases will require a different management approach. The differential diagnosis of non-IgM MGUS include:
- Plasma cell myeloma (PCM): Non-IgM serum monoclonal protein ≥ 30 g/L or ≥ 10% clonal plasma cells in the bone marrow should not be diagnosed as non-IgM MGUS
- Smoldering PCM is distinguished from MGUS based on the size of the M protein and the percentage of clonal plasma cells in the bone marrow.
- Smoldering PCM is distinguished from symptomatic PCM by the presence of CRAB symptoms
- Waldenström macroglobulinemia: Lymphoplasmacytic lymphoma (LPL) in the bone marrow and an IgM monoclonal gammopathy.
- Symptoms include blood hyperviscosity, lymphadenopathy, or splenomegaly
- WHO (2017) diagnostic criteria:
- IgM monoclonal gammopathy
- Clonal plasma cells less than 10%
- Absence of end-organ damage (CRAB symptoms)
- Absence of symptoms or signs of amyloidosis
- Monoclonal gammopathy of renal significance: Diagnostic criteria for MGUS + renal insufficiency and monoclonal immunoglobulin deposits in the kidney by immunofluorescence
- Light chain smoldering multiple myeloma (LC-SMM) (idiopathic Bence Jones proteinuria):
- Diagnostic criteria of LC-SMM include:
- Monoclonal light chains in the urine (Bence Jones proteinuria)
- No immunoglobulin heavy chain expression in the serum or urine
- No symptoms of PCM, WM, or amyloid light chain amyloidosis
- Diagnostic criteria of LC-SMM include:
- Primary (amyloid light chain) amyloidosis and light chain deposition disease: Pathologic deposition of monoclonal light chains in tissue.
- Diagnostic criteria include the presence of amyloid in tissue and evidence of plasma cell neoplasm.
- B cell lymphoproliferative disorder
Treatment is usually not recommended for patients with MGUS. As there is a risk of progression to lymphoproliferative malignancy long-term follow-up is advised.
MGUS-associated neuropathies:Usually not treated, except in the case of a disabling IgM monoclonal gammopathy or IgG/IgA MGUS associated with chronic inflammatory demyelinating neuropathy (CIDP). About 80% of patients with IgG/IgA MGUS CIDP respond to one of the typical CIDP treatments and some patients stabilize without therapy.
- IgM neuropathy: IV immunoglobulin G (IVIG) and rituximab
- IgG/A neuropathy: Plasmapheresis, IVIG, and steroids
MGUS patients with associated osteopenia or osteoporosis:
- IV bisphosphonates
The intensity of follow-up in patients with MGUS is guided by risk stratification. Initial follow-up at six months is recommended, with subsequent visits scheduled according to the level of risk. If clinical trials of preventive strategies are available, patients at high risk for progression should be encouraged to participate.

domain: biology


text: Food allergens are molecules, mainly proteins, that trigger immune responses in susceptible individuals upon consumption even when they would otherwise be harmless. Symptoms of a food allergy can range from mild to acute; this last effect is a severe and potentially life-threatening reaction. The European Union (EU) has identified 14 common food allergens, but new allergens are likely to emerge with constantly changing food habits. Mass spectrometry (MS) is a promising alternative to traditional antibody-based assays for quantifying multiple allergenic proteins in complex matrices with high sensitivity and selectivity. Here, the main allergenic proteins and the advantages and drawbacks of some MS acquisition protocols, such as multiple reaction monitoring (MRM) and data-dependent analysis (DDA) for identifying and quantifying common allergenic proteins in processed foodstuffs are summarized. Sections dedicated to novel foods like microalgae and insects as new sources of allergenic proteins are included, emphasizing the significance of establishing stable marker peptides and validated methods using database searches. The discussion involves the in-silico digestion of allergenic proteins, providing insights into their potential impact on immunogenicity. Finally, case studies focussing on microalgae highlight the value of MS as an effective analytical tool for ensuring regulatory compliance throughout the food control chain.© 2023 The Authors. Proteomics published by Wiley-VCH GmbH.

domain: chemistry


all of sudden i noticed the printer on the Z does stop when going to auto home, noticed that the green sensor stopped lighting up, how can i trouble shoot? i have until first week of august to return the printer
Post by 3dprintingmeathead on Jul 22, 2018 20:29:50 GMT
Simple, raise the Head of the printer and wave metal underneath the sensor if the sensor lights up red it is good and the sensor needs calibration is a fancy way of saying the sensor came loose and is out of wack. Lower the head till a Piece of paper drags between the nozzle in the bed then lower the sensor until the light turns on then tighten down the sensor screws additional cattle Gratian might be necessary but try to print burst and adjust as the offset from there in the firmware.


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Offered for sale is an original U.S. test pressing of the 1977 double live album Live at the Star Club in Hamburg, Germany by the Beatles.
About this copy: This copy of Live at the Star Club in Hamburg, Germany is a 1977 pressing on the Lingasong label.
These discs were issued without a cover, but we’ve added a stock cover to make the album complete. The cover is M- with trace corner wear.
The discs have white labels and are labeled as test pressings, but have song titles and timings printed on them.
The discs are M- and are likely unplayed. There are some faint scuffs from the original inner sleeves, but no spindle marks on the labels, and no significant marks on the vinyl. Clean discs!
A nice copy of a rare Beatles LP and the only test pressing we’ve ever had for sale.
Background: Live at the Star Club in Hamburg, Germany is a recording of one of the Beatles’ last performances in Hamburg in late 1962, right before they became famous.
As Ringo Starr had joined the band the previous August, he was playing during the band’s two week stay in Germany.
The manager for another band brought a tape recorder to one of the performances and recorded both his band and the Beatles, using a tape recorder with a single microphone.
The tapes were largely forgotten for years, but in 1977, the then owners of the tapes spent $100,000 cleaning up the sound and released them as a double album on the newly-formed Lingasong label.
The album, while poor in sound quality, did have some artistic significance and the album’s release also inspired Capitol Records to release the Live at the Hollywood Bowl album later that same year. It also sold reasonably well, reaching #111 on the U.S. album charts.
Though most promotional copies of Live at the Star Club in Hamburg, Germany were pressed on black vinyl, a few were pressed on either red or blue vinyl. Both the blue vinyl and the red vinyl pressings are quite rare.
The album reached #111 on the U.S. album charts.
The historical interest of this album is considerable: The Beatles, on the precipice of fame, playing their last Hamburg club show on December 31, 1962 (contrary to the 1961 date given on some liner notes). The problem, from a latter-day perspective, was that the Beatles didn’t play all that well, and, more importantly, the sound is not up to par in the least, as it was captured on a primitive portable recorder. That said, it’s interesting to hear the Beatles as they were in their club days, with a set list (almost exclusively covers) of early rock & roll tunes, several of which never made their way onto any official Beatle release.
This record is eligible for PayPal Credit financing by PayPal. U.S. customers may choose to pay later at checkout, and may receive up to six months financing with no interest. Click the banner below for more information. (opens in a new window)
|Country of origin:
|Year of Release:

domain: entertainment


As an Orange County woman lay dying in the intensive care unit of an Orlando hospital last month following a horrible car accident, detectives were perplexed by the stab wounds on her neck. Multiple wounds that were later cited as contributing to her death.
But it wasn’t until a week before she died that detectives got a break: In her mailbox. There, they discovered a letter form the dealership where she purchased her vehicle. The letter encouraged her to have the vehicle repaired immediately, as faulty airbags could result in the airbag exploding.
Her death was the third of at least four that so far have been tied to the Takata airbag recall that has the potential to affect 14 million vehicles made by 11 auto manufacturers worldwide. Instead of protecting drivers in the event of a crash, the airbags apparently explode in a burst of shrapnel that is sent flying into the neck, head and chest areas. So far, federal safety regulators have issued an unusually stern warning to the owners of some five million vehicles, urging them to have their airbags repaired “immediately.” Recall of another three million is expected to be announced in short order.
Car accident lawyers in Fort Myers expect we will learn in the coming weeks and months of many more cases in which drivers were seriously injured or killed as a result of faulty airbags. While large defective auto part recalls have become something of the norm in recent years, due to heightened pressure from federal safety officials (and a desire by manufacturers to limit liability), this one is different. It’s on track to be the largest auto part recall in history.
Takata, a Japanese manufacturer, produces airbags for approximately one-third of the global market. The defect is believed to exist in the assembly process (as opposed to the installation process) which means the problem is far more widespread. This company is going to have to likely rely on competitors’ help to keep up with demand for replacement airbags, while also maintaining pace for new models.
But a recall won’t excuse the company from liability. It’s very likely we will soon see a significant number of product liability lawsuits filed over this issue. Industry experts have opined the recall could take several years to complete, and in the meantime, there will be hundreds of thousands if not millions of vehicles on the road putting drivers and front seat passengers at especially serious risk.
Also problematic is the fact that while the National Highway Traffic Safety Administration is pushing consumers to take immediate action, many of the manufacturers don’t yet have the parts to fix the vehicles.
This newest revelation of major vehicle defects follows the defective ignition switch recall, linked to 29 deaths in the U.S. It was later learned that General Motors had concealed the issue for years, despite repair costing roughly $2 a vehicle.
On the airbag issue, a New York Times investigation just a few months ago revealed that both Takata and Honda knew about the flaws in airbags for years before initiating the recall. That investigation revealed that, far in excess of the four deaths directly linked to the defective airbags, federal regulators have received 139 injury complaints regarding Takata airbags, with nearly 40 of those specifically referencing exploding air bags.
Call The Associates and Bruce L. Scheiner, Attorneys for the Injured, at 1-800-646-1210.
It Looked Like a Stabbing, but Takata Airbag Was the Killer, Oct. 20, 2014, By Hiroko Tabuchi and Christopher Jensen, The New York Times
Why the Takata airbag recall is different, Oct. 23, 2014, By Bruce Kennedy, CBS Money Watch
More Blog Entries:
GEICO v. Rodriguez – Court Orders Insurer to Pay Sanctions for Driver’s False Statements, Sept. 25, 2014, Fort Myers Car Accident Lawyer Blog


NEW YORK – An individual engaged on the set of ‘Regulation and Order: Organized Crime’ was fatally shot in Brooklyn on Tuesday morning.
It occurred on a street in Greenpoint that was getting used as a set for the TV current. 31-year-old Johnny Pizarro was a contractor who was tasked with securing street parking for cars for the manufacturing.
Pizarro was sitting in a car holding a parking spot when an individual walked as a lot as him and shot him plenty of situations throughout the head and neck.
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The Queens resident was taken to a hospital the place he was pronounced ineffective.
The NYPD’s crime scene unit was on the scene for hours gathering proof and going door-to-door in search of neighbors who may want seen one factor.
The group confirmed that Pizarro was a crew member for the gathering, a spinoff of the long-running “Regulation & Order: Explicit Victims Unit.” It is in manufacturing for its third season and scheduled to air this fall.
“We’ve been terribly saddened and shocked to hearken to that one amongst our crew members was the sufferer of a felony offense early this morning and has died consequently,” NBC and Frequent Television talked about in an announcement. “We’re working with native regulation enforcement as they proceed to research. Our hearts exit to his family and mates and we ask that you just respect their privateness all through this time.”
Police sources instructed FOX 5’s Lisa Evers that there is a probability the capturing won’t have had one thing to do with the parking spot nevertheless might need been a centered hit.
No arrests have been made throughout the case.
With the Associated Press.


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I get notes all the time from other docs asking me for neurological clearance to do some procedure (colonoscopy, hysterectomy, face lift, whatever) on my patients. So I write out an "okay from neurology view to do whatever you want with them, have fun" note.
The request on my MS patient, though, could have been worded better. It said:
"Cindy is going to do a procedure that may result in her becoming pregnant. Please write a note that it is okay for her to do this."
Sheesh! If I have to write a clearance note every time one of my patients does something "that may result in her becoming pregnant" I'm going to have a really sore hand (from writing the notes, I mean) and will likely run out of pens when a patient goes on her honeymoon.


SALISBURY -- Salisbury fire Lt. Tim Oliveira, who was critically injured Friday afternoon while repairing a department vehicle at fire headquarters, passed away this afternoon.
The well-respected and dedicated firefighter had worked for the department for 27 years,
Oliveira, 53, of Salisbury was repairing a vehicle behind the Lafayette Street station Friday afternoon when a jack slipped, pinning him under the vehicle. He was airlifted to Beth Israel Hospital in Boston following the accident.
“Our heartfelt condolences go to his wife Pam and his extended family that
truly includes members of the Salisbury Fire Department, including Fire
Chief Richard Souliotis," Salisbury Deputy Fire Chief Steven LeSage said.
The Salisbury Fire Department requests that the family’s privacy be
respected during this time of mourning. Funeral arrangements will be
announced when they are finalized.
State Fire Marshal Stephen D. Coan said, “Lt. Oliveira was carrying out
his duties when this tragic accident occurred and snuffed the life of a


The only real note worthy elements of this film are 80‚??s legend Steve Guttenberg (Police Academy 1-4, Cocoon, Short Circuit), who after the eighties dropped off the movie radar, and has reappeared in recent years with TV movies like this, looking a little more haggard than in his heyday, and Armin Shimerman (TV‚??s Buffy, DS9). Armin is good as Santa‚??s Production manager Ernest, but Guttenberg starts to get annoying, particular with his forced enthusiasm and that half-arsed ho-ho style laugh.


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On the heaviness of weight[credits]
by Anja Heij
Mother goddesses of ancient cultures often are voluptuous figures with pronounced breasts
and thighs. A successful nowadays paintress fills her canvasses with sensuous, joyful and overweight ladies, and everyone
I’ve showed her pictures becomes happy and starts smiling. To this paintress big women symbolize feminine power and
lust for life. In some cultures fat bodies are regarded as beautiful, for instance on the Antillian islands. A friend told
me of a huge feast on Curacao
where the women would vote for the most handsome man on the island; they decided that the super fattest one was the prince
of their dreams.
Am I advocating for physical overweight? No, absolutely not. Human bones and organs
are not made to carry around and maintain heavy bodies. Statistically seen, slightly underweight persons are in better health
and live longer than the average person. But I would like to say something on the hype on being slim.
Many of us live in a society in which a thin figure is a social must, and wherein so
many people fight themselves daily with diets, pills, and strict exercise schemes to lose some kiloes in order to feel attractive
or approved. The last three words are very important. We are taught that when we possess the ideal weight the world will lay
at our feet, for partners would select us by appearance. As far as I know partners choose you on radiance, impression and
matching pheromones, far more than on how (fat or thin) you are. A thin lady of perfect weight may be judged a cold one, while
a cheerful rubinesc woman is found sexy. A handsome guy may be considered superficial because of lack of intellectual content,
and a bit overweight man could have very interesting ideas. The final thing is not if we have the ideal look, but if we can
connect in a happy way by offering the other one something of value.
Attraction is an internal thing you cannot buy. It is inner contentment, peace, approval,
happiness, self-worth, self-love, inner strength,or whatever other word you like to apply for it,
projected outwards. In plain words: you send out “I feel good, I enjoy myself and this world” and the other one
picks up your message. Many people almost spontaneously lose overweight when they feel good, attractive and sexy. And because
they feel good, they change their eating habits and life style in a supportive way; it’s not the other way around. One
woman lost two clothing sizes in half a year time when she became happy in a new relationship, while all her dieting efforts
before did not result in lasting effects. And when she lost this important love, she gained all this weight again. I treat
a young woman with beautiful fine facial features, who has great difficulty with some extra kiloes around her waist. She dared
not to go to a swimmingpool, for someone might see her body before she jumped into the water. I gave her remedies and she
changed her attitude. One night in a bar she was dancing and enjoying herself, forgetting all that was ‘wrong’
about her. She met a nice man, who asked her out for a day on the beach, on which she – to everyone’s surprise
- agreed. Right now a precious relationship is building up, and I’m sure she will lose her extra pounds without much
Please forget the calory-story; it doesn’t work. Weight is a highly psychological
thing. Grief often expresses itself as extra weight. Emotions are symbolized by the water-element; therefore holding on to
past memories may physically express in extra pounds because of storing moist in the body. Some extra kiloes can form a psychological
wall for protection against hurt of any kind. It may symbolize “stay at a distance, I need more space for myself or
I want to be alone.” It may represent passive rebellion against a situation you’re not happy with but feel unable
to change. It could express your own feelings of being unattractive. Or people choose a big and impressive body as compensation
for feeling psychologically small or belittled. Overweight may also symbolize intense and superfluous enjoyment of life –
but those people you will not find standing on a scale.
So your amount of kiloes communicates something, and this message is not simply dismissed
by dietpills, not even by fasting. I know of a woman who took a severe fasting cure to lose weight, only to notice that she
did not lose one ounce that whole week.
As always you will have to start in the mind. Find out what the particular message
of your body is. Listen carefully to your thoughts about yourself and decide if you still agree with these beliefs and patterns.
Many overweight persons constantly affirm “I am fat”, which definitely is the wrong affirmation if you wish to
lose kiloes. Be nice to yourself; look after attractive parts of your body and personality and use these as a base to start
finding yourself an interesting and attractive person. Next feel and act like this wonderful person
you wish to be. Create a positive affirmation, like “I am becoming more loving and beautiful each day” or “I
am a beautiful God/Goddess”, and visualize yourself in the desired situation. When your attitude towards yourself becomes
more positive, you’ll notice that you will treat your body with more attention and respect. You will nurture it with
healthier food, drink more water, take enough rest and spend time exercising. May your spirit create the new body you have
decided for yourself.

domain: psychology


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Clarissa’s presentation was on “Comparing genome-wide association results for fear conditioning in two advanced intercross mouse lines: Implications for gene identification in Post-traumatic Stress Disorder in humans” . Clarissa was accompanied to the World Congress by fellow lab members Amy Hart
An article by Virginia Hughes discussing post-traumatic stress disorder (PTSD) mentions Abraham Palmer’s work. You can find the full article here.
Camron Bryant, Research Associate in the Palmer Lab, has officially accepted an offer for an Assistant Professor position at Boston University School of Medicine in the Department of Pharmacology and Experimental Therapeutics. There, Camron will complete the R00 phase of
An article by Stephen J. Lyons in American Airline’s in-flight magazine highlights the wonders of living in Hyde Park . You can read the full article here.
Congratulations to Amy Hart, the recipient of a Graduate Student Affairs Travel Fund. Amy will be using her travel award to attend the World Congress of Psychiatric Genetics in Hamburg, Germany this October. Her presentation is entitled “Small candidate gene studies of the
Clarissa Parker, Amy Hart and Abraham Palmer visit Jackson Labs for Short Course on Genetics of Addiction
This is the third year that Abraham has been co-director of the course. Amy and Clarissa received tuition wavers.
Clarissa Parker will be participating in the World Congress of Psychiatric Genetics in Hamburg, Germany
Clarissa’s presentation “Comparing genome-wide association results for fear conditioning in two advanced intercross mouse lines: Implications for gene identification in Posttraumatic Stress Disorder in humans” will be on October 17, 2012.
Summer will be working with two mentors: Abraham Palmer and Stephanie Dulawa. Summer is a member of the Committee on Neurobiology and will initially be supported by the Training in Neural Systems Training Grant.
Amy Hart’s paper ‘Genome-wide association study of d-amphetamine response in healthy volunteers identifies putative associations, including cadherin 13 (CDH13)’ accepted for publication in PLoS ONE
After a lengthy review process Amy’s paper is finally in press. Other authors include Brbara E. Engelhardt*, Margaret C. Wardle, Greta Sokoloff, Matthew Stephens, Harriet de Wit and Abraham A. Palmer.
Lab members Camron Bryant and Margaret Distler were both married on July 7, 2012… but not to each other… Camron married Galum and Margaret married Will. Congrats and best wishes to them all. Photos anyone? More located here: http://matushekphotography.com/margaret-will-married/

domain: news


The dinosaurs of the Cretaceous may have faced an unexpected hazard: fire! In a paper published online today, researchers from Royal Holloway University of London and The Field Museum of Natural History in Chicago have shown that during the Cretaceous (145-65 million years ago) fire was much more widespread than previously thought.
The researchers traced fire activity in the fossil record through the occurrence of charcoal deposits, compiling a global database for this time interval. "Charcoal is the remnant of the plants that were burnt and is easily preserved in the fossil record," explained Professor Andrew C. Scott, the project leader from Royal Holloway.
This period was a greenhouse world where global temperatures were higher than those of today. Lightning strikes would have been the main trigger for these wildfires, but this period was also one when atmospheric oxygen levels were high.
Ian Glasspool from The Field Museum and one of the report authors, points out that this "was why fires were so widespread. As at such periods – unlike today – plants with higher moisture contents could burn."
The prevalence of fires throughout the Cretaceous would have created a more disturbed environment. Professor Scott highlighted that, "Until now, few have taken into account the impact that fires would have had on the environment, not only destroying the vegetation but also exacerbating run-off and erosion and promoting subsequent flooding following storms." These past events may give some insights into how increased fire activity today may impact the world we live in.
The research also shows that charcoal may often be associated with dinosaur deposits. Sarah Brown, a PhD student on the project and lead author, commented, "When I first started my research in Dinosaur Provincial Park in Canada nobody had seen any charcoal but quickly I was able to see it everywhere, including associated with dinosaur bone beds, it was incredible".
The researchers are now assessing the impact that these fires would have had upon dinosaur communities. The research is published in the journal Cretaceous Research.
The paper, entitled "Cretaceous wildfires and their impact on the Earth system" is published in Cretaceous Research doi:10.1016/j.cretres.2012.02.008
Field Museum: http://www.fieldmuseum.org
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The largest specimen among Earth's first flying vertebrates boasted a 10-metre wingspan, dwarfing modern-day giants Continue reading...
How can creatures as different in body and mind as present-day humans and their extinct Neanderthal cousins be 99.84 percent identical genetically?
A mile deep expedition using robots has discovered three ships that sank off the coast of Galveston centuries ago. Archeologists are still unsure of why the vessels sunk.
Scientists based their technique on the one used to create the sheep Dolly years ago. These cells might one day be useful in treating all sorts of diseases.
It turns out the first chili peppers were grown by humans in eastern Mexico. And it's not the same region where beans and corn were first grown, according to new ways of evaluating evidence.
A team of international scientists have found four species of insects with reversed sex organs. The females' anatomy may have to do with their need for nutrients that only males produce.
For all but the shyest of wallflowers, moving to music is a natural human response. But what is it about a catchy tune that makes us groove? Scientists think they've figured out at least part of the recipe: just the right mix of regular rhythms and unexpected beats.
Artists' brains are structurally different to non-artists in areas relating to fine motor movements and visual imagery, a study finds.
Information about who suspects call and when is helping police work out who is linked to which crimes and even their place in the criminal hierarchy
The lead scientist behind a revolutionary method to turn adult cells into stem cells has been found guilty of misconduct, but insists the mistakes were unintentional


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President Trump speaks to crowd in Middletown, Pa.
President Donald J. Trump speaks to members of the public and media Oct. 11, 2017, at the 193rd Special Operations Wing, Middletown, Pennsylvania. The president discussed his plans for tax reform at the event, held on base in an aircraft hangar. (U.S. Air National Guard photo by Staff Sgt. Tony Harp/Released)


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Benton County is in south-central Washington State. Originally formed on March 8th, 1905. Benton County was created out of parts of Klickitat and Yakima Counties. Named after Thomas Hart Benton. The Columbia River is the boundary of the County on three sides. (north, south, and east) Benton County is adjacent to Grant County to the North, Franklin County to the Northeast, Walla Walla County to the east, Klickitat County to the southeast, Yakima County to the west. Additionally, Benton County is adjacent to Morrow County Oregon to the southwest and Umatilla County Oregon to the southeast. Benton County is approximately 1,700 Square Miles in size.
Located in the rain shadow of the Cascade Mountains the Benton County area is naturally dry with fertile soil. Native Americans found the area had deer and elk which made the area popular for hunting.
In the late 1850’s a gold rush in Canada brought many would be gold diggers through the area on the Okanogan Trail. Some decided to become settlers in the area and the region began to grow.
In the 1890’s canals brought water from the Columbia River to allow farms to expand and grow. Crops like wheat, potatoes, and grapes were grown in the area. Slow but steady growth in the area until the Great Depression. Many people in the area were struggling until World War II.
During World War II Franklin and Benton Counties grew rapidly due to the Hanford Nuclear Reservation. Established in 1943 as part of the Manhattan Project, Hanford was the first full scale plutonium reactor in the world. Plutonium manufactured at Hanford was used in the first nuclear bombs including the bombs dropped on Japan in World War II.
The McNary Dam was started in 1947 and completed in 1954. The construction of the dam brought more residents to the area. The reservoir allowed for improved river navigation. As the infrastructure of the area continued to grow manufacturing businesses moved in. Many chemical, and metal manufacturing businesses continued to power the growth of the area.
In 1983 the Yakima Valley AVA was the first American Viticultural Area established in Washington State. Benton County saw the increase of grape production and with the increase of grapes followed an increase in wineries. Currently there are two more AVA’s in Benton County. The Red Mountain AVA which is completely within the county and the Horse Heaven Hills AVA which is part of the larger Columbia Valley AVA. The wine industry has significantly impacted the economy of Benton and surrounding counties by providing both increased tourism and increased economic growth.
The largest city in Benton County is Kennewick with an estimated population of 84,347 as of 2019. Together with Pasco and Richland Kennewick makes up the Tri-Cities metropolitan area of Washington State. Prosser is the County Seat for the County.
Things to do and see in
Play a round of golf. Benton County has seven public golf courses you are sure to find one that will be both fun and challenging.
Take a tour of The B Reactor at Hanford. Visit the first nuclear reactor that was commissioned as part of the Manhattan Project. This is a U.S. National Historic Landmark.
Go for a hike on Badger Mountain. Choose from one of the five recommended trails. There is a hike that is exactly right for you. Enjoy looking at the many varieties of wildflowers.
Watch the Unlimited Hydroplane boat races. See boats that can go 200mph! Held annually in July as part of the Water Follies Festival.
Stay a night on Clover Island. Enjoy the Clover Island Inn and simply sit back and watch as the might Columbia rolls by.
Explore Washington State is committed to highlighting every corner of Washington State, publishing new content focused on hidden gems, travel tips, outdoor activities and more throughout the week. Remember, there is always more to explore!

domain: geography


text: Guide to Immediate Anaesthetic Reactions serves as a practical guide to the management of adverse anesthetic response. This book provides information pertinent to the functions of anesthesia, including hypnosis, analgesia, and neuromuscular control. Organized into six chapters, this book begins with an overview of the immunological principles in anesthesia and surgery. This text then discusses mechanisms of the adverse anesthetic reactions as well as the characteristics of immune response. Other chapters consider the theory and practical management of anaphylactoid reactions, including the requirements for laboratory studies. This book presents as well a practical approach to the understanding, recognition, and management of the life-threatening reactions of anesthesia to patients. The reader is introduced to the general considerations for patients presenting with various genetic abnormalities likely to trigger abnormal response to anesthesia. The final chapter deals with the immediate adverse reactions that are related to defects of enzyme function rather than to immunity. This book is a valuable resource for anesthetists, surgeons, and physicians.

domain: library


text:
occasions it is going to lay out the total amount of cash or cash loaned
A promissory observe or promissory data is basically an appropriate ways equivalent in the great outdoors toward the common-law agreement to ensure that a legal contract staying enforceable it has to integrate some appropriate conditions one example is a proposal not to mention a recognition of present agreements recommend the kind and amount of amount for possibilities or foods carried out into the question of a legitimate promissory observe the deal is going to be shaped across the sum of money or investments borrowed for that reason the relation to repayment linked to the promissory mention.
The promissory notice will have most of the conditions and terms linked to the contract that are recognized amongst the two celebrations It is going to point the total amount of money or money loaned the rate of interest that’s billed in payday advance Willoughby Ohio addition to the schedule for repayment When many conditions are dealt with in the promissory know information and in fact is signed by both sides the promissory observe satisfies all of the elements of a lawfully holding contract like all acquire.
Generating a Promissory Feel
Real estate loan as Promissory Record
Promissory data are often put to use in loans needs which happen to be additional techie and need more substantial degree of quarters or money Residence domestic debts are certainly a because a sort of promissory detect as they are incredibly likewise constructed and written to a standardized direct keep in mind that are promissory.
An important difference is the fact that house loan facts are really composed for huge sizes of earnings and commonly guaranteed by the home or property and that’s obtained in that way cash the important points associated with the loan notice are usually more complicated due to the participation of lending institutions together with federal government formula that oversee realty loaning ways let’s assume that the important aspects really exist through the mortgage loan promissory see to reveal common-law acquire standards the know pleases every bit of the obligations within the management obtaining legally retaining.
Any time A Borrower Loan Defaults
Irrespective of whether a promissory note are secured with assets or is definitely unsecured and dependent entirely to the hope to pay back similar guidelines of legality implement when shopper should default from the see and not have the potential to repay the financial institution of an insulated observe come across comfort by lawfully repossessing the home or residential property which was granted as resources from the note.
When the state is made for a financial financial backing and it is not fastened the bank offers the appropriate capacity to line up restitution making use of the judge method and safe a point of view from your client Although this cannot favorably promise repayment when it comes to promissory see it do create a legal decision from your purchaser that could subsequently come to be attacked through compilation interest.
One other disadvantage with an unsecured promissory know or promissory letter is that if the debtor should report personal bankruptcy continuing collectors with protected needs will probably be paid back before any collector with unsecured passions This renders possible in which the unsecured financial institution can perhaps not create any payment for all the breach of agreement.
Promissory Ideas Are Of Help Legitimate Musical Instruments
Promissory accounts unquestionably are an invaluable reliable source that any person may used to legally combine another unique to a contract to get gadgets or borrowing from the bank from bank cash A promissory find contains an entire effectation of laws behind it and it’s really legally signing up with for each gathering.
As far as effortless and routine contracts between two functions which you should not need expert suitable guidance from an authorized attorneys the simple promissory note were written in several ways to effortlessly create a joining genuine arrangement this a quick and affordable technique that individuals can use to protected their very own interests and that is speedier to inflict over straightforward handshake.

domain: finance


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SHIMANO's SM-CRE50 STEPS E5000 chainring features a symmetric and narrow Q-factor design for 9/10/11-speed drive units. The 3-piece construction includes a Square bottom bracket axle serration and the chainring is offered in both 44T and 38T options. - Symmetric and narrower Q-factor design than current E6000 series - Normalization and unification of chainline for various system - 3-pieces construction with Square bottom bracket axle serration - Chain ring teeth: 44T, 38T
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I’ve been on Facebook for several weeks now and I think this weekend was sort of the turning point. While it was initially really interesting to reconnect with old friends I hadn’t seen in a while – I’m at the point now where I’m starting to wonder what I’ll end up doing with all of them in the long run? I’m too paranoid about the direction that the company itself will take to post anything truly personal (or even to join any groups). Pretty much all I do is long in every now and again to play Kidnap with my one friend who plays regularly.
Maybe this is just another step in my long, slow road to ludditeness, but I think I’m still stuck asking the question “Why?” when it comes to Facebook. Sure, it’s less work than actually thinking up something remotely interesting to talk about in a blog post, but what do even my friends get out of it? I mean…really? I worry that my true friends want to get a better picture about what’s really going on in my life, not just a blurb about what’s irritating me at the moment. I think this is why I *really* don’t understand the point of Twitter. I joined it once before I understood what it really was for because a friend invited me. But I’ve never posted anything and don’t expect to. People deserve respect when listening to a story - the least I can do is give them a full paragraph.
Work has slowed down a little over the last few weeks to the point where I have time to think again. Maybe this will mark the beginning of a return to blogging. Maybe it’ll just be a temporary relapse. But we’ll see.

domain: hobby


Old Soul by Jacob Johnson
by Jacob Johnson
"The guitar is not just an instrument in the hands of Jacob Johnson – it’s his soul-mate."
- No Depression
Add "" to a Spotify playlist
There was a problem creating the new playlist. There was a problem submitting your request. Create new playlist Save to Spotify library Add to


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Artists in the Northern Region have threatened to boycott voter and civic education for the forthcoming elections, alleging the Malawi Electoral Commission (MEC) has not given them money meant for the exercise.
But MEC has dismissed the allegation, saying accredited institutions are supposed to find their own resources to fund their voter education exercises.
Director for Katoto Mvalenji Drama Group Sam Sambo said about 26 arts groups in the North were auditioned, trained and given certificates to conduct civic and voter education for 2014 Tripartite Elections.
But since then, they have been waiting from MEC to fund their activities.
“But MEC told us that they won’t fund our activities because they do not have finances due to the cash-gate. But what is surprising is that our friends in other regions were given money to do the exercise.
“If our friends were funded, why not us? We want to know the truth because we have lost our time, energy and resources in preparing for the voter and civic education exercise. We feel that they have breached the contract we entered into,” said Sambo.
But MEC spokesperson Sangwani Mwafulirwa said the artists’ grievances and allegations were unfounded because MEC does not fund institutions to conduct voter education.
“Accreditation does not mean that they should demand funding from MEC. We trained them so that their messages should be in line with our message. But they need to fund themselves,” he said.
But he was quick to say MEC sometimes engages bands to conduct voter education at a fee.
The artists who visited NPL represented Mpoto Wafika Drama Group, Pase Theatre Company, Kukaya Cultural Troop, Katoto Mvalenji Drama Group and Kadundulu Wailers.

domain: sociology


The GM is always preparing surprises, especially when it pertains to the transformation of any particular series or vehicle. The brand-new item is 2019 Cadillac CT8 which will bring rather a beverage in total USA market deal. This one will compete in luxury sedan sector which will validate all premium materials and latest tech. The efficiency will be a monster as on first blush, and also on track. Many opponents will include their offer like Audi and Maserati of high-end sedan series. Affordability runs out the question for such an inventive monsters.
After practically 4 decades of pause, compact car Dart is on the market once again considering that 2013. Its predecessor had a success in 60's, and it seems like the popularity of brand-new vehicle is growing. The 2019 Dodge Dart will bring mid-cycle updates and drink. Highlights of this car are rate and fuel economy. Naturally, this is thanks to the versatile engine, which can also deliver excellent output. Nevertheless, brand-new Dart looks remarkable, so it will lure some attention on the streets. Updates on the upcoming model will be modest because big changes are featuring a brand-new generation.


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This is a 5" x 7" side fold card. The card base is Colonial White and the rest of the colors are all from Sangria. I did some tone on tone stamping for the background with an image from Paper Garden (Sept. Stamp of the Month). The flower on the left side is also from Paper Garden and is Cricut Artiste compatible. The message is from the Hello Life - Scrapbooking stamp set (Sept. Special). Along the left edge is a piece of Cocoa card stock, Sangria B&T with a piece of our new Gold Foil between them. The tips of the flowers have been rolled up a bit, too, for some dimension.
By the way..... Paper Garden and Hello Life-Scrapbooking are only available during the month of September! Hello Life has a total of 3 stamp sets available. You can purchase for 13.95 each OR buy all three for only $34.95.
All products are Close To My Heart: (click for image)
--Sangria paper pack
--Ink: Champagne, Poppy
--Cardstock: Cocoa, Champagne
--Embellishments: Gold Glitter Gems, Gold Foil,
There is still time for you to join us in the Color My Heart color dare. Click here to go to our HOME PAGE and see what the other Design Team members created to inspire you with. Then check out the sidebar for details on how to join us! If you don't have the exact colors just use something close.
Have a creative day!

domain: design


A nasal spray to block the virus? Scientists may be getting close. And in Europe, governments are imposing new lockdowns.
This briefing has ended. Follow our latest coverage of the coronavirus pandemic.
A quarter of a million coronavirus infections have been reported at colleges and universities across the United States, according to a New York Times survey, as schools across the nation struggle to keep outbreaks in check.
The bulk of the cases have occurred since students returned for the fall semester, with more than 38,000 new cases reported in the last two weeks alone.
And the numbers are almost certainly an undercount.
The Times’s survey — which includes more than 1,700 American colleges and universities, including every four-year public institution and every private college that competes in N.C.A.A. sports — is believed to be the most comprehensive tally available. But the lack of a centralized national tracking system or consistent statewide data means the full toll is hard to capture.
When The Times last tallied campus cases on Oct. 22, the figure was 214,000. Now it is more than 252,000.
More than a third of U.S. universities welcomed students back in some capacity this fall.
Some of them have appeared to keep the virus in check, primarily through extensive testing programs, even as they try to provide some semblance of a normal college experience for their students.
But others have done less well, failing to enforce social distancing and other preventive measures in an environment that normally revolves around communal living, group activities, large social gatherings and in-person learning.
Many school officials blame students when there are spikes in cases, chastising them for failing to abide by the new rules that have transformed campus life in 2020.
At Syracuse University, school had barely opened when officials issued an open letter castigating a group of students who had thrown a large party and “selfishly jeopardized the very thing that so many of you claim to want from Syracuse University — that is, a chance at a residential college experience.”
Syracuse has reported 257 coronavirus cases since March.
Some students say administrators should have seen it coming when they chose to reopen in person.
“It’s very difficult to say whether, you know, it’s really on students for throwing these honestly reckless parties, or whether they’re just simply acting how college students are going to act in these kind of situations,” Dylan Brooks, a senior at Arizona State University told his school newspaper. “Of course, if you’re bringing A.S.U. college students back to A.S.U., this is how they’re going to act.”
The school, which has 44,000 students, has reported 2,518 cases.
The coronavirus has been responsible for at least 80 deaths on college campuses this year. While most of those deaths were reported in the spring and involved school employees, several students have died in recent weeks as a result of the virus.
As case numbers skyrocket across the nation, that number is expected to rise.


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Wednesday, December 23, 2009
Keys N Krates
Self-proclaimed "re-inventers of the remix" Keys N Krates is a trio from Toronto consisting of DJ Jr Flo, Matisse on the keys and Tune the drummer. The concept of their band is simple but not easy to execute: remix tracks live. For a DJ alone, this is hard enough but throw in real instruments and the level of difficulty has exponentially multiplied. Needless to say, these guys have no problem with a challenge.
Keys N Krates opened for Kid Cudi at the Sound Academy earlier this month, they have travelled all across North America and continue to delight audiences with their energetic performances and solid mix of electronic and instrumental grooves. Heads up to the Ottawans reading this, Keys N Krates are playing at Ritual on New Years' Eve so if you're looking for somewhere to jam, head over! They also have a few more dates in Montreal and Quebec City in the new year before heading off to Whistler to play at the Olympics. We know they'll have the snow bunnies going nuts and the club bumping.
If you can't make it to any of the shows, hopefully Chicago's @superfun video can tide you over. @superfun caught up with them after a gig in the Windy City and had a few questions about what it is exactly they do.
And you can download their free mixtape "Re-mixing 101" here. It's definitely worth a listen. These guys have a great vibe and I can't wait to see them live myself.
Just for good measure, here's a video the band uploaded on their blog this morning of some great live footage.

domain: artistic


text:
6-Hour Fat-Ass style. 1.9 mile loop. This course is shady, with a good mix of flats and rolling hills. This course has no road crossings. There may be cyclists and pedestrians on the course later in the day.
6 Hours View course top times
|Date||Finishers||Top Result (M)||Top Result (F)|
|09/26/21||No Results Posted. Submit Results|
|10/04/20||No Results Posted. Submit Results|
We try to keep the most accurate information about this race, but changes do happen. Always visit the official race website for the most up to date information. If you see an error, please let us know

domain: sports


text:
786 F2d 52 United States v. Iorizzo
786 F.2d 52
UNITED STATES of America, Appellee,
Lawrence Salvatore IORIZZO, Defendant-Appellant.
United States Court of Appeals,
Argued Aug. 15, 1985.
Decided March 11, 1986.
Lawrence F. Ruggiero, New York City (Richard A. Greenberg, New York City, of counsel), for defendant-appellant.
Mervyn Hamburg, Dept. of Justice, Washington, D.C. (Raymond J. Dearie, U.S. Atty. for the E.D.N.Y., of counsel), for appellee.
Before NEWMAN and WINTER, Circuit Judges, and HOLDEN, District Judge.*
WINTER, Circuit Judge:
Lawrence S. Iorizzo appeals from various convictions by two juries before Judge Altimari in the Eastern District of New York. Iorizzo was charged in a sixteen count indictment with mail and wire fraud, 18 U.S.C. Secs. 1341, 1343 (1982), as well as with the interstate transportation of stolen property, 18 U.S.C. Sec. 2314 (1982). These charges arose out of his activities as president and principal owner of Vantage Petroleum Corporation ("Vantage") and various affiliated companies he owned or controlled. There were three categories of counts. Counts 1-5 were dismissed before trial on the government's motion and no longer concern us. Counts 6-13, alleging mail fraud, concerned a scheme to defraud New York State out of gasoline excise and sales taxes from June, 1979 to August, 1981. Counts 14-16 alleged wire fraud and the interstate transportation of stolen property. They concerned a scheme in which the defendant allegedly defrauded Ashland Petroleum Company out of more than $500,000 of gasoline during the period January-February 1982 and caused some of that gasoline to be transported from New Jersey to New York.
The trial of the mail fraud counts (6-13) was severed from that of the Ashland counts (14-16), the former being held in April, 1984, the latter in June of the same year. Defendant was represented by the same attorney in both trials. In the first trial, the jury returned guilty verdicts on all eight counts. The second trial resulted in one conviction and one acquittal on the wire fraud counts, and a conviction on the interstate transportation count. Iorizzo was sentenced to concurrent five-year terms of imprisonment and a five-year term of probation, and ordered to pay $19,000 in fines and approximately $1.7 million in restitution.
Finding that Iorizzo did not have the assistance of a counsel free from conflicts of interest that affected the trial, we reverse the mail fraud convictions and remand. We reverse the wire fraud conviction and dismiss this count because of the lack of a nexus between the use of the wires and the fraudulent scheme. We find no error in the conviction for interstate transportation of stolen property but remand for further proceedings to determine the applicability of United States v. Cancilla, 725 F.2d 867 (2d Cir.1984).
I. THE MAIL FRAUD CONVICTIONS
The scheme to evade state gasoline taxes involved use of the mails to file allegedly fraudulent New York State excise and sales tax returns. As a motor fuel distributor licensed by New York State, Vantage was required to prepare and file such returns. The amount of tax owed was determined by subtracting Vantage's closing inventory for the relevant period from its opening inventory, with certain adjustments of no relevance to this appeal. The statutory rate was then applied to this amount.
The government sought to prove that Iorizzo caused Vantage's tax liability to be minimized by periodically inflating the closing inventory figures and thus reducing reported sales. The government's key witness in this regard was James Tietz, a supervisor in Vantage's accounting department who was principally responsible for preparing tax returns for Vantage and various affiliated companies. He testified that he was instructed by Iorizzo to manipulate sales and inventory figures so as to match the companies' tax liability with the amount of discretionary cash the firms had available for the payment of taxes. According to his testimony, Tietz had misgivings about his conduct, despite Iorizzo's assurances that the unpaid taxes would be made up later, and at times refused to sign the false returns. He also testified that he and an associate embezzled funds from Vantage by cashing paychecks issued to non-existent employees but that Iorizzo agreed not to pursue the matter so long as Tietz resumed signing the false state tax forms.
Tietz's relationship to Iorizzo's defense counsel gives rise to a major issue on this appeal. In 1981, New York authorities were investigating Vantage's and the affiliated corporations' compliance with the gasoline excise and sales tax. Tietz and two other employees of these corporations were subpoenaed and testified under oath at a hearing before the State Tax Commission. At that hearing, they were represented by the same attorney who served as Iorizzo's defense counsel at the trials that are the subject of the present appeal. Events at the mail fraud trial suggest that Iorizzo paid the lawyer to represent these witnesses. Tietz's testimony at the prior hearing pertained to his role in preparing and filing certain sales and payroll tax returns for Vantage and certain of the affiliated companies. Although the testimony before the Tax Commission did not cover exactly the same period of time as the indictment, there was overlap. Tietz's testimony on that occasion in no way either admitted the falsity of the returns or implicated Iorizzo in a scheme to file false returns.
The potential conflict of interest arising from defense counsel's role as Iorizzo's advocate at the mail fraud trial and his earlier representation of the government's key witness in a related state proceeding was evident to the prosecution prior to trial. At a pretrial proceeding, the government, through a New York state prosecutor specially deputized to try this case, raised the issue of whether defense counsel was disqualified. He told the district court:
Any doubt that may have existed before as to a conflict or any shadow has been removed by [defense counsel]. He chose to represent Mr. Tietz at that time, he chooses to represent Mr. Iorizzo now. If he gathered any confidential information ... which he intends to use at trial, I think there's a conflict. I think the government has certain rights when there is a conflict among attorneys and I think this is now highlighted and respectfully I think the Court is forced to rule now whether [defense counsel] can continue representing this client if this matter is critical. Mr. Tietz will be a witness subject to cross-examination.
The court instructed the government that in the event it chose to pursue the disqualification issue, it must do so in writing. The prosecutors failed to make a written objection, however.
During his opening statement at trial, defense counsel promised to show the jury that the government's case was "based almost entirely on the testimony of a thief, a liar and a forgerer--one James Tietz." During Tietz's extended cross-examination, defense counsel asked him whether he remembered testifying before the State Tax Commission. Counsel for the government immediately asked for a sidebar conference at which they strenuously objected to any cross-examination regarding Tietz's earlier testimony. The grounds stated by the deputized prosecutor were that any cross-examination of the witness "about testimony ... where he represented him ... is completely improper." The regular Assistant United States Attorney, a prosecutor with considerable experience, told the district judge, "[T]his is the clearest conflict I have ever seen."
Defense counsel stated that his purpose was to induce Tietz to confirm the accuracy of his prior statements, which neither admitted the falsity of the tax returns nor implicated Iorizzo. Defense counsel thus stated at one point:
I am going to ask this witness some questions. If he testifies truthfully, I probably will not have to refer to this.
If he lies, I am going to confront him with his prior sworn testimony which this is a transcript.
If he says he does not remember, I will show him the appropriate part of the transcript and ask him if it refreshes his recollection. I will not go beyond the transcript. This is merely to make sure that his testimony is consistent which is perfectly proper cross examination.
The district judge agreed that defense counsel indeed had a conflict but nevertheless stated that cross-examination might proceed. He stated:
[Y]our professional integrity is your responsibility not mine.
I'm going to allow you to cross-examine but not with any blessings on the part of this Court. I do not condone it. I make no judgments about it.
And if indeed an appropriate committee feels that what you are doing here is wrong, then do not indicate that this Court condoned the cross-examination.
The judge also noted that, because defense counsel had represented Tietz when the latter made the statements in question, the prosecution might well call defense counsel as a witness should Tietz's credibility be impaired by the cross-examination. The judge pointed out that such circumstances would implicate the canons of ethics.
After further colloquy, the judge altered his position slightly:
When you go to the podium, you are to take this [transcript] and put it down on the podium and never again to pick it up. You may ask him questions very well prepared as a result of reading this. You will not confront the witness with this.
[DEFENSE COUNSEL]: Fine.
THE COURT: If indeed there is a variance, then at a sidebar in the absence of the jury some way we will take up this question of conflict.
On the face of it it appears that you are in conflict at this point. But it is a late stage at this point, and we are in the middle of the trial.
I will not disrupt the trial except we may get past it without making a judgment on it.
[DEPUTIZED PROSECUTOR]: I think the witness, rather than be ambushed, should be allowed to read this transcript.
* * *
* * *
THE COURT: That makes a lot of sense to me.
The issue was then put aside until the next day in order to give Tietz an opportunity to read the transcript of his testimony before the State Tax Commission. That day, the following occurred:
THE COURT: * * * *
Before the Jury comes in ... Is there any problem in regard to the alleged conflict of interests? That is, the conflict as to the counts for the present Defendant and the witness, Mr. Tietz, on the stand now?
[DEPUTIZED PROSECUTOR]: I would just inquire from Counsel if he intends to pursue any further questioning regarding that.
[DEFENSE COUNSEL]: I do not.
THE COURT: Thank you.
[ASSISTANT UNITED STATES ATTORNEY]: I would also ask that the Defendant through Counsel be informed by the Court that most of the discussions were at side bar and waived--or at indicated to the Court that he is satisfied with [defense counsel's] representation even if there is a conflict because we don't know what [defense counsel] was privy to.
* * *
* * *
The question is, I don't want a question raised should there be an appeal, that there was ineffectiveness of Counsel because [defense counsel] was representing him and also--
THE COURT: Counsel, two weeks ago the Second Circuit spoke on this point, this very point. And that is a point well taken.
So, in the presence of this Court and on the record you must explain to your client [w]hat he already knows, which is, that Mr. Tietz was at one time represented by you, that you now decline to question him concerning certain testimony offered by Mr. Tietz under oath, and that you made a judgment, a professional judgment, that there is no need or reason for your confronting this witness with or without a transcript.
[DEFENSE COUNSEL]: Mr. Iorizzo, in March of 1981, was I retained by the Vantage--or was I representing the Vantage Petroleum Corporation in connection with an investigation into Salvan Management, P.C.I., and Martin Carey concerning certain alleged sales tax frauds?
[ASSISTANT UNITED STATES ATTORNEY]: Your honor, I have no wish to ask that the defendant testify under oath. I just wanted the defendant to acknowledge to the Court that he understands what is going on.
THE COURT: No. I think it can never be construed to constitute testimony. It is for a simple single purpose--
[ASSISTANT UNITED STATES ATTORNEY]: Fine.
THE COURT: (continuing) of stating for the record that he understands what happened and he is satisfied with [defense counsel's] representation.
* * *
* * *
[DEFENSE COUNSEL]: And your answer, sir?
THE DEFENDANT: Yes.
[DEFENSE COUNSEL]: All right. Were you at that time President of Vantage Corporation?
[THE DEFENDANT]: Yes.
[DEFENSE COUNSEL]: All right. Did you request me to represent not only the corporation but any of the corporate employees who were called to testify in that matter?
THE DEFENDANT: Yes.
[DEFENSE COUNSEL]: And was one of the employees, one of the Vantage employees who was called to testify before the New York State Tax Department, one James Tietz?
THE DEFENDANT: Yes.
[DEFENSE COUNSEL]: Did you ask me to represent Mr. Tietz in that proceeding?
THE DEFENDANT: Yes.
[DEFENSE COUNSEL]: All right.
Now, we have a transcript of Mr. Tietz' testimony at that proceeding. And I have agreed with the Court that I will not ask any questions of Mr. Tietz concerning evidence that he gave in that proceeding. Do you understand that?
THE DEFENDANT: I understand that.
[DEFENSE COUNSEL]: All right. Are you willing for me to forego that area of examination, of cross examination?
THE DEFENDANT: Yes.
Iorizzo, represented by new counsel on this appeal, argues that he was deprived of the effective assistance of counsel by the events described above. The government responds with arguments that are entirely at odds with the position it took in the district court. It contends that: (i) defense counsel was not burdened by a conflict of interest but had "merely made an appearance on behalf of Tietz at an unrelated state hearing years before...."; (ii) the proposed cross-examination was never connected to "any relevant area of inquiry that [defense counsel] had elected to forego as a result of his decision not to ask about the State Tax Commission hearing"; and (iii) Iorizzo has waived the issue. We agree with appellant and reject the government's contentions.
In attempting to represent Iorizzo in this matter, trial counsel was confronted with an unavoidable conflict of interest. Tietz was the key government witness against Iorizzo. His previous testimony under oath was clearly relevant to the testimony he gave at trial about Iorizzo's instructions with regard to signing false sales tax returns. Because Tietz's prior statements had been made at a time when defense counsel was representing him, the prior testimony could not be used to attack Tietz's credibility without putting defense counsel's role before the State Tax Commission in issue. Any such attempt would open the way for Tietz to be asked on redirect about his legal representation at the State Tax Commission hearing and about any advice he had received from defense counsel at that time. Moreover, the government might well have called trial counsel as a witness not only to interrogate him about advice to Tietz but also to bring out the fact that Iorizzo apparently was paying him to represent Tietz before the State Tax Commission. Even if the government did not call defense counsel and even if he had rendered no advice to Tietz with regard to his prior testimony, he should then have been available to testify on behalf of Iorizzo to dispel any impression left upon the jury that he had been responsible for Tietz's testimony. Finally, whether or not he actually testified, his firsthand involvement in Tietz's testimony would cause any argument to the jury about that testimony to be viewed as a statement of a witness as well as of an advocate. Our prior decisions indicate that such circumstances constitute a disqualifying conflict under Disciplinary Rule 5-102(A). United States v. McKeon, 738 F.2d 26, 34-35 (2d Cir.1984).
Moreover, the existence of this conflict of interest led defense counsel to forego a most relevant line of inquiry.1 As the government's key witness, Tietz' credibility went directly to the guilt or innocence of the defendant. A key witness' prior statements under oath that cast doubt upon the accuracy of his trial testimony are an obvious subject of potential cross-examination. Had this cross-examination been foreclosed on grounds of relevance by an evidentiary ruling of the trial court, that surely would have been reversible error.
We perceive no reason to alter this result because trial counsel decided voluntarily to forgo what he believed to be a relevant line of inquiry after being vigorously challenged by the government and advised by the district court of its skepticism as to the ethical propriety of the cross-examination. The district court might well have permitted a full exploration of Tietz's prior testimony had trial counsel persisted. However, the spectre of a disciplinary hearing was explicitly raised, and defense counsel was on warning that further inquiry would be at risk to his professional reputation and employment.
The decision to forgo inquiry into Tietz's prior testimony was not the result of a tactical judgment by a conflict-free lawyer that such evidence would not be helpful to Iorizzo. Rather, the government's objections and the trial court's admonitions to defense counsel related exclusively to the ethical impropriety of the cross-examination by this particular attorney.2 The decision to forgo inquiry was thus made solely to protect the interests of defense counsel.
Supreme Court decisions require us to reverse the convictions in such circumstances.3 Defendants who make ineffective assistance claims based solely on errors or omissions in pretrial investigations or trial strategy must, to succeed, meet a more stringent test than those who base such a claim on an attorney's conflict of interest. In the former case, the defendant must show: "First ... that counsel's performance was deficient ... [s]econd, ... that the deficient performance prejudiced the defense." Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984). However, a defendant claiming that the assistance of counsel was ineffective due to the counsel's conflict of interest need not establish prejudice. Rather, prejudice is presumed when counsel is
burdened by an actual conflict of interest. In those circumstances, counsel breaches the duty of loyalty, perhaps the most basic of counsel's duties. Moreover, it is difficult to measure the precise effect on the defense of representation corrupted by conflicting interests. Given the obligation of counsel to avoid conflicts of interest and the ability of trial courts to make early inquiry in certain situations likely to give rise to conflicts, see, e.g., Fed.Rule Crim.Proc. 44(c), it is reasonable for the criminal justice system to maintain a fairly rigid rule of presumed prejudice for conflicts of interest. Even so, the rule is not quite the per se rule of prejudice that exists for the Sixth Amendment claims mentioned above. Prejudice is presumed only if the defendant demonstrates that counsel 'actively represented conflicting interests' and 'that an actual conflict of interest adversely affected his lawyer's performance.' Cuyler v. Sullivan, supra, 446 U.S., at 350, 348, 90 S.Ct., at 1719, 1718 (footnote omitted).
Strickland v. Washington, supra, 104 S.Ct. at 2067.
Thus, once the defendant establishes that there was an actual conflict, he need not prove prejudice, but simply that a "lapse in representation," Cuyler v. Sullivan, 446 U.S. 335, 349, 100 S.Ct. 1708, 1718-19, 64 L.Ed.2d 333 (1980), resulted from the conflict.
Such a lapse occurred in the present case when trial counsel abandoned his cross-examination of the government's key witness as to prior testimony. This examination never got off the ground because of the objections by the government based solely upon defense counsel's conflict of interest. At the time, its abandonment was viewed by all concerned as necessary to allow defense counsel to avoid ethically improper conduct. Iorizzo, however, was entitled to a counsel unburdened by the ethical constraints resulting from prior representation of the government's key witness.
We turn now to the government's contention that Iorizzo validly waived his right to a counsel so unburdened and to a full cross-examination of Tietz. In United States v. Curcio, 680 F.2d 881 (2d Cir.1982) ("Curcio I"), we established procedures to be followed in situations in which a criminal defendant states that he desires to waive his right to representation by an attorney without a conflict of interest. Although Curcio I differs from the present case in that multiple representation was in issue, we regard those procedures as applicable here. In that case we directed that the trial court should: (i) advise the defendant of the dangers arising from the particular conflict; (ii) determine through questions that are likely to be answered in narrative form whether the defendant understands those risks and freely chooses to run them; and (iii) give the defendant time to digest and contemplate the risks after encouraging him or her to seek advice from independent counsel. Id. at 888-90.
None of these steps was taken in the present case. The inquiry was conducted not by the court, but by the very attorney whose capacity to act in the defendant's interests was under challenge. The risks of forgoing relevant cross-examination of Tietz were not explained to the defendant, and the questions that were asked called only for a "yes" or "no" answer. Finally, Iorizzo had to decide on the spot, without time to consider the matter or to seek the advice of independent counsel, a possibility that was never mentioned to him. Iorizzo, therefore, did not validly waive his rights.
We add a final note. The reversal here is the direct result of the prosecution's using defense counsel's conflict of interest as a means of affecting the evidence going before the jury instead of moving for his disqualification before the trial. The prosecutors here were aware of defense counsel's conflict of interest at an early stage and were invited by the district judge to make a disqualification motion in writing. We trust that this decision will ensure that a pretrial disposition of such issues will occur in the future.
II. THE ASHLAND CONVICTIONS
Iorizzo also challenges his convictions on wire fraud and interstate transportation of stolen property. These counts were tried separately, and our disposition of the mail fraud counts does not affect these convictions.
Ashland was a large oil company with which Vantage had an ongoing relationship. The record reveals that from time to time throughout the course of this relationship, Vantage exceeded its credit limit with Ashland, although it generally paid its bills when due. By December, 1981, however, Vantage had far exceeded its $250,000 credit limit with Ashland and was not paying its bills in a timely fashion. On January 8, 1982, Randall Eli, Ashland's New York representative, notified Stephen Magnani, an assistant vice-president of Vantage, that Vantage's account was being suspended pending resolution of the credit problem. Vantage's access to Ashland oil was then terminated at all Ashland facilities except for one in Linden, New Jersey. Because the Linden facility was controlled by a computerized key-entry system that made it difficult to reinstate suspended customers quickly, Eli merely elicited a "gentlemen's agreement" from Magnani that Vantage would take no fuel from Linden without Ashland's express approval.
Despite the gentlemen's agreement, four or five loads of gasoline worth about $30,000 were taken from the Linden facility between January 8 and January 14. On January 14, Iorizzo, who knew of the "gentlemen's agreement", instructed Magnani to tell Eli that these withdrawals were accidental and that the gasoline would be transferred to another customer authorized to make credit purchases at Linden. Magnani did so in a telephone call that formed a basis of the wire fraud charged in Count 14. The transfer to the other customer was never made, and, in fact, an additional $500,000 worth of fuel was taken from the Linden facility between January 27 and February 3 in breach of the gentlemen's agreement. Nevertheless, the jury acquitted on this count.1. The Wire Fraud Conviction
In mid-January, an Ashland credit representative contacted Vantage about certain checks mailed by Vantage but not received by Ashland. Allen Fisher, Vantage's chief financial officer, agreed to stop payment on these checks and issue replacement checks. The amount of these checks was $481,499.29. On February 3, John Murphy, an Ashland official, sent a Western Union mailgram to Iorizzo, informing him that Ashland had received the stopped checks but not the replacements. He requested that Iorizzo cause Vantage to remit the amount by wire. The next day, Iorizzo sent the mailgram to Murphy that formed the basis of his wire fraud conviction. That mailgram stated:
This is in reply to your mailgram of 2-3-82. We wish to advise you that we have not yet completed full analysis of the status of our account with you because of the complexity of invoices payments on account and dispersed checks as explained to you earlier. We expect to have this fully resolved in a few days but no later than February 15 at which time we shall contact you.
However, the fraudulent scheme alleged in Count 15 is the unauthorized drawing of the additional $500,000 of fuel from the Linden terminal, whereas Iorizzo's mailgram was a response to Murphy's inquiry concerning the stopped checks. The last Vantage withdrawal from the Linden terminal occurred on February 3; thus, the mailgram in question was sent after the last withdrawal.
The government argues that the purpose of the communication was to lull Ashland into a false sense of security and to induce it to refrain from taking steps to recover the fuel. See United States v. Maze, 414 U.S. 395, 403, 94 S.Ct. 645, 650, 38 L.Ed.2d 603 (1974); United States v. Sampson, 371 U.S. 75, 83 S.Ct. 173, 9 L.Ed.2d 136 (1962); United States v. Jones, 712 F.2d 1316, 1320-21 (9th Cir.1983), cert. denied, 464 U.S. 986, 104 S.Ct. 434, 78 L.Ed.2d 366 (1983); United States v. Angelilli, 660 F.2d 23, 36-37 (2d Cir.1981), cert. denied, 455 U.S. 910, 102 S.Ct. 1258, 71 L.Ed.2d 449 (1982). However, we fail to see how this equivocating response to an inquiry about a series of unpaid checks could have been found beyond a reasonable doubt to have been intended to induce a sense of security about the wholly separate incident of the unauthorized withdrawal of $500,000 worth of fuel. At best, the mailgram was designed to induce Ashland to forgo action with regard to the checks in view of a seeming confusion over multiple sets of outstanding checks. It hardly seems designed to soothe nerves over the unmentioned and wholly unexplained withdrawals of great quantities of fuel from the Linden facility. Finally, the government's claim that Ashland was able on February 4 to identify and recover the fuel taken is wholly speculative. The mailgram thus was not sent "for the purpose of executing" the fraudulent scheme charged in the indictment. United States v. DeFiore, 720 F.2d 757, 763 (2d Cir.1983), cert. denied, 466 U.S. 906, 104 S.Ct. 1684, 80 L.Ed.2d 158 (1984).
The government contends, in the alternative, that the mailgram was within the parameters of the January 27-February 3 scheme because of its close temporal proximity, or within the parameters of a larger scheme that began on or about November 1, when Vantage drew the gas for which the stopped checks were issued. Neither argument is persuasive. Under the temporal proximity theory, any mailings or wires initiated in the time period surrounding a fraudulent scheme might be deemed predicate acts for purposes of mail or wire fraud. That does not square with United States v. Maze, 414 U.S. 395, 94 S.Ct. 645, 38 L.Ed.2d 603 (1974). That case involved the use of stolen credit cards for food and lodging, but the Court held that the mailing of credit slips from the stolen cards by motels for payment was an invalid basis for mail fraud. Temporal proximity is thus not enough.
The larger scheme theory is also unpersuasive because no such scheme was alleged in the indictment. Although Paragraph 1 of the Indictment sets November 1, 1981 as the starting point of the scheme, Paragraph 2 states that the amount involved was $532,000, the sum of the January 7-14 and January 27-February 3 withdrawals from Linden. The amounts owed under the stopped checks were, therefore, not included within the fraudulent scheme charged in the indictment. Accordingly, we reverse the conviction for insufficient evidence and dismiss Count 15.
2. The Interstate Transportation Conviction
The interstate transportation count also involved the unauthorized withdrawal and interstate transportation of fuel from the Linden facility.
Iorizzo contends that Vantage was owed substantial sums of money by Ashland as a result of past overcharging, and, therefore, that the taking of the gas from Linden was not criminal. We note first that the jury was by no means bound to find that this version of the facts was true. Moreover, we need not pass judgment on the question of whether Vantage's conduct amounted to theft, because the legislation in question also prohibits the interstate transportation of goods taken by fraud. 18 U.S.C. Sec. 2314. The jury could have found that directing the withdrawals from the Linden facility knowing that Ashland had not terminated Vantage's access in reliance upon the "gentlemen's agreement" was such a fraud, whether or not Iorizzo believed in good faith that Ashland owed Vantage money. Viewing the evidence in the light most favorable to the government, there was sufficient evidence for the jury to have found that Iorizzo intentionally caused the interstate transportation of stolen property.4
Prior to oral argument, appellant's counsel moved for a remand to the district court for additional fact-finding. The grounds for the motion were that certain documents allegedly reveal trial counsel's involvement in the preparation of the false tax returns. We believe that a remand to the district court of the conviction on Count 16 is appropriate in these circumstances. Upon remand, the court can take evidence with regard to the applicability of United States v. Cancilla, 725 F.2d 867 (2d Cir.1984). Since the other convictions have been reversed and remanded for a new trial or reversed and dismissed, only Count 16 is involved in this remand. This panel, if practicable, will hear any appeal after remand.
The mail fraud convictions are reversed and remanded for a new trial. The wire fraud conviction is reversed and dismissed. The interstate transportation count is remanded for proceedings consistent with this opinion.
The Honorable James S. Holden, Judge, United States District Court for the District of Vermont, sitting by designation
Two other employees of Vantage and the affiliated corporations testified at the State Tax Commission hearing and were also represented by Iorizzo's defense counsel. They were witnesses at the mail fraud trial and testified after Tietz. They too were not cross-examined with regard to their prior testimony. The present record does not reveal whether there was a basis for cross-examination with regard to that testimony
The only statement even hinting that other reasons might have been behind the decision not to cross-examine occurred during the colloquy relating to Iorizzo's waiver of his rights in that regard. At that point, the district judge told defense counsel to explain to Iorizzo that he, defense counsel, had made "a professional judgment that there is no need or reason for your confronting this witness with or without a transcript." Even if such an explanation had been given, the record would not support the conclusion that such a judgment had been made. However, the explanation was not given
We do not reach, therefore, Iorizzo's claim on appeal that defense counsel's trial strategy and overall performance amounted to ineffective assistance of counsel
We reject defendant's contention that the prosecutor's mention of "uncontradicted" or "unrefuted" evidence amounted to improper commentary by the prosecutor on defendant's failure to testify. Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965). Under the law of this circuit, such statements do not violate the Griffin "no-comment" rule. See United States v. Damsky, 740 F.2d 134, 140-41, (2d Cir.), cert. denied, --- U.S. ----, 105 S.Ct. 298, 83 L.Ed.2d 233 (1984); United States v. Rodriguez, 556 F.2d 638, 641-42 (2d Cir.1977), cert. denied, 434 U.S. 1062, 98 S.Ct. 1233, 55 L.Ed.2d 762 (1978)

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