Criminal charges raise questions about funds in Freedom bankruptcy

Criminal charges filed against a former top executive of Freedom Industries have raised new questions about whether officials overseeing Freedoms bankruptcy proceeding are looking for every source of money to fund the cleanup of the companys Elk River facility and compensate victims of the Jan. 9 chemical leak.

Federal prosecutors allege that former Freedom President Gary Southern lied about his role at the company to protect his personal wealth from the bankruptcy court and from legal actions pursuing damages from hundreds of thousands of Kanawha Valley residents whose drinking water was contaminated by Freedoms leak of MCHM and other chemicals.

But court records and interviews showed again this week that officials managing the bankruptcy proceeding have yet to even begin an investigation of the actions or the finances of any of the former Freedom officers to see if money could be recouped for site remediation, victim compensation or creditor payments.

It seems as if no one was looking under the rocks, said Charleston lawyer Stuart Calwell.

Calwells firm named Southern and another Freedom official, Dennis Farrell, in a lawsuit over the chemical leak, alleging that they are personally responsible, at least partly, for any damages suffered by victims of the incident because of their roles in directing operations at Freedoms Etowah Terminal, just up river from West Virginia American Waters regional drinking water intake in the Elk River.

In the proceeding before U.S. Bankruptcy Judge Ronald Pearson, separate legal actions could be undertaken by the bankrupt company to produce funds to be distributed to creditors owed money by Freedom. Committees of creditors in bankruptcy court have broad power to perform investigations looking for such potential legal action.

But at Pearsons urging, such investigations in the Freedom bankruptcy have basically been put on hold until Freedom completes the cleanup of contamination at its Elk River facility.

Ronald Gold, a lawyer for the creditor committee in the Freedom bankruptcy, confirmed Tuesday that those investigations still have not commenced, but he said that, other than that, given whats going on, I would rather not comment publicly.

Inaction by the creditor committee is briefly touched on, though, in an affidavit by FBI Special Agent Jim Lafferty that was filed in support of a federal criminal complaint charging Southern with bankruptcy fraud, lying to the bankruptcy court and committing wire fraud by filing false documents with that court.

Federal authorities allege that Southern repeatedly misled the court and other government officials by saying he did not play a significant role in running the Freedom facility prior to December 2013. In his affidavit, Lafferty said Southern was actually the chief operating officer of the company starting in May 2009 and served on its board of directors from March 2010 to October 2013, before becoming president in December 2013.

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Criminal charges raise questions about funds in Freedom bankruptcy

Academics push for intellectual freedom

A group of 201 academics from universities across the country yesterday called on the Council of University Presidents of Thailand (CUPT) to ensure and protect intellectual freedom that they said was being threatened under the current military administration.

The group submitted an open letter stating that students and university lecturers had witnessed unprecedented threats to their academic freedom even though the country was stepping into a reform process that needed freedom of expression in order to ensure its success.

"Universities have an important role in providing a guiding light for the country and being a centre where people can exchange opinions to ensure justice in society and create a sustainable future for the country. In order to achieve this purpose, academics and students in universities must be able to express their opinion freely and without fear," the letter said.

The letter dismissed the government's claim that it had allowed public participation in reform. "In reality, the government has exercised power against academic freedom. There has never been such severe threats and intimidation against freedom of expression in universities as is happening now," it said.

For instance, in September, soldiers ordered students and lecturers to stop an economic seminar at Chiang Mai University and invited them for an "attitude adjustment" session. They were ordered to sign an agreement that they would not carry out any more political activities.

In another incident, authorities ordered students who protested against construction of the Mae Wong Dam not to carry out a seminar scheduled to be held from November 15-22 at Kasetsart University and Chulalongkorn University.

The letter said some soldiers also demonstrated a show of force by appearing in uniform and fully armed at some educational institutions such as Chiang Mai University.

It said universities must be free from arms and threats so that students and academics could have intellectual freedom.

"Universities are the last resort to help restore public hope, faith and confidence that had fallen from a decade of political riots and unrest. Without this dim hope, reform will not be achieved," the letter said.

Security officials also threatened Khon Kaen University students who refused to sign an agreement not to stage anti-coup protests or the university would revoke their student status, the letter added.

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Academics push for intellectual freedom

Human rights, media freedom big to-do tasks in Asia SEAPA

HUMAN RIGHTS, freedom of expression, and media freedom: these values remain the great unfulfilled demands of the people of Southeast Asia.

Corruption, bad governance, and impunity: these problems remain largely pervasive across the region, however.

On the occasion of two important global events International Anti-Corruption Day (December 9) and International Human Rights Day (December 10) 11 independent media organizations that are members of the Southeast Asian Press Alliance (SEAPA) issued a vigorous call for governments in the region to protect and respect human rights, freedom of expression, and media freedom.

Gathered for their general assembly in Thailand on dec. 9-10, the SEAPA members averred that, the fulfillment of human rights, particularly the right to freedom of opinion and expression, and the practice of good governance in Southeast Asia, are still a far reality in the region.

Instead, SEAPA said. the crackdown on free media and expression is taking place amid a regional trend of concentration towards politicized (state and party-owned) and crony business media ownership particularly in the broadcast media industry that makes media more vulnerable to manipulation and censorship.

The Philippine Center for Investigative Journalism is a founding member of SEAPA.

DECEMBER 10 We, members of the Southeast Asian Press Alliance (SEAPA), gathering in Kanchanaburi, Thailand for our General Assembly, mark International Anti-Corruption Day (December 9) and Human Rights Day (Decemer 10) with the resolve to reorganize and strengthen the alliance to make it more capable to meet regional press freedom and freedom of expression challenges.

These two commemorative days provide a meaningful backdrop to the issues we discussed in our meeting. Also, these point to the bigger contexts of our goals as an alliance of media freedom advocates in our respective countries and in the region as a whole.

The fulfillment of human rights, particularly the right to freedom of opinion and expression, and the practice of good governance in Southeast Asia, are still a far reality in the region.

In Cambodia, there is an ongoing continuing crackdown on activists, human rights defenders and opposition party members seeking to express legitimate socio-economic and political issues. We wish to express deep concern not only about the crackdown but also the role of the judiciary in legitimizing these restrictive actions.

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Human rights, media freedom big to-do tasks in Asia SEAPA

High school boys soccer: San Ramon Valley beats Freedom

The San Ramon Valley High boys soccer team entered Wednesday night's Tri-Valley Classic in the driver's seat, and left it in even better shape after a 2-1 win over upstart Freedom.

The win, coupled with losses by Amador Valley and Monte Vista, leaves the Wolves six points clear and firmly in control entering Saturday.

Freedom was just three points off the pace entering the match, but needed a win to stay in the race.

San Ramon Valley (3-0-0) took control of what was an even game for most of the first half with a goal late in the first half, then scored again early in the second half.

"For it being so early in the season, I thought we did a lot of good things," San Ramon Valley coach Don Busboom said. "We tried to keep possession and get ourselves forward. It wasn't easy because Freedom is a good team and put a lot of pressure on us."

Jacob Wright scored the first goal, doing so on a ball that bounced around in the Freedom penalty area without being cleared and was finally put away.

The Wolves looked very dangerous to start the second half, and a Kalle Sjorgell shot rebounded to Alex Raymond, who put it away. Sjorgell almost had another goal, but was denied by Falcons keeper Ethan Marchetti.

Freedom (1-1-2) made the final minutes interesting as Larry Aguayo scored in the 73rd minute, leading to a furious finish as it sought an equalizer.

The Falcons had a couple of great chances early, but sophomore keeper J.T. Carlson did well when called into action to deny Jahrie Gray and Oscar Munoz.

Tri-Valley Classic Third round San Ramon Valley 2, Freedom 1

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High school boys soccer: San Ramon Valley beats Freedom

Give them Freedom! Men of War Assault Squad 2 Multiplayer Gameplay – Video


Give them Freedom! Men of War Assault Squad 2 Multiplayer Gameplay
Men of War Assault Squad 2 3v3 Multiplayer Gameplay USA vs Japan, Give them Freedom! That Social Media Though - Instagram for Real Life Tanks! Twitter: https://twitter.com/BaronVonGamez...

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Give them Freedom! Men of War Assault Squad 2 Multiplayer Gameplay - Video

Dovetail Games Fishing [HD+] Early Access Phase Two# German Gameplay "Freedom Fishing" – Video


Dovetail Games Fishing [HD+] Early Access Phase Two# German Gameplay "Freedom Fishing"
Das Spiel hat die 2. Phase der Entwicklung erreicht. Man kann jetzt im Modus Freedom Fishing den kompletten See erforschen. Es gibt mehrere Angelpltze und der Controller Support wurde ...

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Dovetail Games Fishing [HD+] Early Access Phase Two# German Gameplay "Freedom Fishing" - Video

The Flash’s Wentworth Miller Talks the Freedom and Joy of Coming Out – Video


The Flash #39;s Wentworth Miller Talks the Freedom and Joy of Coming Out
Actor also tells TheWrap how he became involved with The Trevor Project and whether to expect him back on The CW Read the story: http://goo.gl/zw45JA Subscribe: http://bit.ly/1cASiEi Follow...

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The Flash's Wentworth Miller Talks the Freedom and Joy of Coming Out - Video

Congressman John Fleming defends Religious Freedom for Troops 12-18-14 – Video


Congressman John Fleming defends Religious Freedom for Troops 12-18-14
Congressman John Fleming defends Religious Freedom for Troops 12-18-14. (c) 2014, Chaplain Gordon James Klingenschmitt, PhD. Airs 12/14 on NRB Network, TheWalkTV, Roku, GoogleTV, ITunes, ...

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Congressman John Fleming defends Religious Freedom for Troops 12-18-14 - Video

UPDATE: Freedom Industries President Released on Bond after Court Appearance

UPDATE 12/9/14 @ 5:10 p.m. CHARLESTON, W.Va. (WSAZ) -- The president of Freedom Industries, Gary Southern, has made his first federal court appearance after being charged this week with fraud.

According to US Attorney Booth Goodwin, Southern was arrested Monday in Florida. He is charged in West Virginia with bankruptcy fraud, making a false oath in a bankruptcy case, and wire fraud.

Southern was in court Tuesday for his first court appearance. He was released on $100,000 unsecured bond. US Magistrate Judge Carol Mirando restricted Southern's travel to the Middle District of Florida and the Southern District of West Virginia. He is also required to surrender his passport and lawful permanent resident card.

Southern's next court appearance is set for December 18 in Charleston, West Virginia.

Freedom Industries is the company behind the spill that left 300,000 without water for several days in January 2014 in West Virginia.

Keep clicking on the WSAZ app and WSAZ.com for the latest on this story.

According to a criminal complaint filed in federal court in Kanawha County on Monday, Gary Southern is charged with bankruptcy fraud, making a false oath in a bankruptcy case, and wire fraud.

Southern was arrested Monday by the FBI. He is scheduled to appear before Magistrate Carol Mirando in U.S. District Court in Fort Myers, Florida at 1 p.m.

Keep clicking on the WSAZ app and WSAZ.com for the latest on this story.

According to a criminal complaint filed in federal court in Kanawha County on Monday, Gary Southern is charged with bankruptcy fraud, making a false oath in a bankruptcy case, and wire fraud.

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UPDATE: Freedom Industries President Released on Bond after Court Appearance

UPDATE: Freedom Industries President given bond; travel restrictions

CHARLESTON, WV -

UPDATE:

A Florida judge set bond for the president of Freedom Industries today in court.

The judge set Gary Southern's bond at $100,000. The prosecution requested bond be set at $500,000 because they feel Southern poses a flight risk. The defense requested a $25,000 bond.

Southern is scheduled to appear in a West Virginian court on Dec. 18.

______

ORIGINAL:

According to the criminal complaint filed in federal court in Charleston, West Virginia, Southern lied under oath about his role at Freedom Industries prior to the spill in order to deflect blame from himself and protect himself financially.

FBI Special Agent James Lafferty II says in the criminal complaint that Southern engaged "in a pattern of deceitful behavior, which included numerous false and/or fraudulent statements about his role at Freedom, his role in the sale of Freedom to Chemstream, and his knowledge about conditions at the Etowah Facility.

In bankruptcy court, Southern said under oath that his role with Freedom Industries prior to its sale to Chemstream, a Pennsylvania company that bought Freedom on December 6, 2013, was as a "part-time financial-type consultant," and that his role in Freedom Industry's sale to Chemstream was "superficial."

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UPDATE: Freedom Industries President given bond; travel restrictions

Maligned freedom campers defended

Holiday park owners are misrepresenting freedom campers as dirty campers that litter the country with piles of poo and rubbish, the New Zealand Motor Caravan Association says.

It's chief executive Bruce Lochore said the claims had been perpetuated to discredit freedom campers ahead of a Marlborough District Council summer trial opening up more freedom camping spots.

Suggestions excrement had been dumped and rubbish was strewn on freedom spots was a misapprehension promoted by holiday parks for the last 10 years, Lochore said.

"In Marlborough the council's assessments showed freedom camping hasn't resulted in our beautiful country being covered in a blanket of poo and rubbish," Lochore said.

"The real situation was nowhere near as bad as they had been led to believe; and for council this has been quite liberating because they have been able to switch their focus from looking at freedom camping as a 'problem' to looking at the opportunity."

This year until the end of September there had been 33 infringements issued by Marlborough District Council for freedom camping. None had been handed out since August.

Picton Top 10 Holiday Park owner Roger Kett previously said excrement had been dumped at the controversial Koromiko freedom spot.

Awatere Community Trust chairman Robert Kirkham said freedom campers had left piles of poo and toilet paper under trees at the Awatere Bowling Club. He blamed budget travellers.

"The worst perpetrators are those travelling on the cheap," Kirkham said. "Even though some are in self-contained vans it doesn't mean they use their own facilities. Public toilets in Seddon are there for people to relieve themselves not for people to use as a shower."

Lochore said appropriate freedom camping by-laws would protect the community from any errant freedom campers.

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Maligned freedom campers defended

Goodwin: More coming on Freedom criminal probe

CHARLESTON, W.Va. Bankruptcy fraud charges against former top Freedom Industries official Gary Southern are far from the end of a federal criminal investigation of the January 2014 chemical leak into the Elk River, U.S. Attorney Booth Goodwin said Tuesday.

I do anticipate there will be further results very soon, Goodwin said, when asked if Kanawha Valley residents should expect more charges related to the leak of MCHM that contaminated drinking water for hundreds of thousands of people in Charleston and surrounding communities.

On Monday, Southern was charged in a federal criminal complaint with bankruptcy fraud, lying in a bankruptcy case and committing wire fraud by filing false documents in Freedoms ongoing bankruptcy proceeding.

Federal authorities allege that Southern lied to cover up his role in operating Freedoms Etowah Terminal chemical storage site as part of a scheme to protect his personal wealth from legal actions over the companys Jan. 9 leak.

The charges against Southern were filed in federal court in Charleston, and kept under seal by U.S. Magistrate Judge Dwane L. Tinsley until Southern could be arrested in Florida, where he owns a house on Marco Island.

This was a necessary and appropriate action taken in the course of our ongoing investigation into the chemical leak from Freedom Industries, Goodwin explained.

On Tuesday in federal court in Fort Myers, Florida, U.S. Magistrate Judge Carol Mirando released Southern on a $100,000 unsecured bond, denying a request by prosecutors that he be forced to post a $500,000 secured bond to assure that he appears for further proceedings in the case. Southern had requested release on $25,000 unsecured bond. Court records show Southern is scheduled to make another court appearance Dec. 18 in Charleston.

We deny the allegations, said Charleston lawyer Bob Allen, who represents Southern, and we will defend against them vigorously.

Federal authorities allege that Southern lied about his role in running Freedom and its Etowah Terminal along the Elk River in an effort to avoid personal liability for the conditions that led to the leak of MCHM and other chemicals.

For example, Southern testified that he was not part of the Freedom organization prior to December 2013, testifying at a Jan. 21 bankruptcy court hearing that he worked for Freedom only as a part-time financial-type consultant.

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Goodwin: More coming on Freedom criminal probe