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Monthly Archives: September 2019
Against the grain, against the law | News – Aspen Daily News
Posted: September 22, 2019 at 11:48 am
Many volumes of books containing legal precedent from state and federal criminal and civil cases line the walls of the Pitkin County Courthouses district courtroom.
Pitkin County District Judge Chris Seldin regularly reminds defendants of their rights in his courtroom especially their right to remain silent and their right to an attorney.
It gets tricky, though, when defendants dont acknowledge his jurisdiction to oversee a case.
They may be part of a fringe group known as sovereign citizens though they often wont actually call themselves as such, preferring freemen or state citizens or any other number of names. Sovereign citizens subscribe to a belief that by not consenting to be governed, the government doesnt actually have any jurisdiction over their actions, especially when it comes to taxes and property.
As such, many sovereign citizens are wary of any perceived contract, often believing that a Social Security card or birth certificate are nefarious contracts literally enslaving you to the state. Further, because they fervently believe that renouncing such binds is the first step toward sovereignty, theyre often not keen on having others speak for them in a courtroom.
Isaac Brehm is one such example. He made headlines in March when he and another man were arrested for squatting for about three months in an Aspen house valued at nearly $3.6 million. Brehm has become somewhat notorious in the Pitkin County Courthouse, however, not because of the charges he faces which include six felonies ranging from burglary to vehicular theft but because of his insistence on representing himself.
He has the sovereign citizen idea in his head, and its not going to serve him, Deputy District Attorney Don Nottingham said outside the courtroom before Brehms preliminary hearing in July.
Brehm challenged the legitimacy of that hearing before it began, despite being the one who had requested it (a preliminary hearing is a right, not a requirement in the criminal justice process).
My proof of claims, Brehm started. I cant remember exactly the language, but basically asking for proof of claim from all parties.
For reference, he submitted a file hed presumably found on the internet.
To the extent that youre asking for information concerning the jurisdiction of the court, its your job to do the research on that. Ive already told you, the court believes it has jurisdiction to handle this case. I have no doubt about that, in fact, Seldin said, perusing the document Brehm had handed him.
It was clear that Seldin was familiar with the argument presented.
In terms of the legal basis for the courts jurisdiction, youll have to go do that research yourself, since you decided to represent yourself as the defendant in this case. With respect to your rights, Ive already advised you of your rights in this case, he continued.
I object, your Honor, Brehm retorted. Pretty much, youre saying I can go find this information, but a lot of this information Im asking for, I cannot just go find. I object. Id like to at least read this on the record.
At that, Seldins patience reached its capacity.
That request is going to be denied because that would be a waste of time and judicial resources. It will be admitted into the record as a filing by you, he stated flatly.
Brehm, equal parts frustrated and deflated, said for the record that this was pretty much blown off.
It happens in courtrooms all across the country, Nottingham said.
It is a not uncommon thing for defendants to look this stuff up on the internet and think that these are valid defenses, he said.
A strawman for everyone
Those defenses become very particular. Essentially, most sovereign citizens believe that at some point in American history, a corporation secretly acquired the United States before going bankrupt. Desperate to offset its losses, that corporation offered American citizens as collateral to financiers. It accomplished this by creating a strawman for every person; that is, the paper trail of a persons citizenship such as a birth certificate.
Even more specifically, many sovereign citizens believe that the government funds a secret bank account for each strawman to the tune of $630,000. Others still believe that the Social Security Administration was created to back that $630,000 amount.
This is your alter ego, all-capital letters-written-name strawman, explains the website Jabajabba.com. STRAWMAN is a legal term for a front man, or nominal party to a transaction, transmitting utility, existing in name only, which allows the owner to accomplish some purpose not otherwise permitted.
The strawman is a concept in sovereign citizen circles that describes a supposed shell legal identity for each citizen that is somehow separate from the actual person.
For instance, if a bill comes in the mail, but a persons name is misspelled by a letter, that bill is to the recipients strawman and, the argument goes, there is no legal requirement to pay it. And since paper agreements dont matter, the extremists in the movement will even employ a certain paper terrorism, as prosecutors call it, to clog legal systems, claim illegitimate tax refunds or even threaten law enforcement.
Former Boulder District Attorney Stan Garnett experienced the latter firsthand. In 2015, he was on the receiving end of a targeted intimidation campaign by sovereign citizens. They dubbed themselves the Peoples Grand Jury of Colorado and sent phony arrest warrants often signed with a bloody fingerprint and filed liens against property owned by Colorado public officials.
They became known as the Colorado 8. The ringleader, Bruce Doucette, was sentenced to 38 years in prison in what the Colorado State Attorneys General Office saw as a message to others who would follow suit. Doucette opted to represent himself during his trial.
Since then, district attorneys and police officers all over the state have undergone training on how to recognize and handle a sovereign citizen, including locally. In January last year, the entire Aspen Police Department completed a four-hour online course on the matter through the industry resource center PoliceOne, Sgt. Mike Tracey confirmed.
Nottingham, too, attended a Colorado District Attorneys Council Conference put on by the attorney generals office that featured experts on sovereign citizens, and District Judge John Neiley even compiled a comprehensive document for fellow judges complete with suggestions, such as keeping their signed oath of office at the ready.
And the Colorado Supreme Court has made it very clear that things like calling out the fringe on the flag does not affect the court. There is Colorado constitutional authority and United States constitutional authority to have courts, Nottingham said. Personal jurisdiction is personal jurisdiction; there is no corporate entity, and there are many cases that talk about clerical issues, like if you write a name in all caps versus one capital letters and lowercase letters; theres no difference between those things.
While Nottingham and Seldin seemingly see sovereign citizens in the courtroom every year, Tracey said he could recall maybe one in-field incident in 17 years of police work: Redstone resident Stefan Schutter.
Schutter was part of a group of 12 adults and juveniles in 1999 colloquially known as Aspens Dirty Dozen for a string of armed robberies and burglaries that year. He served about six years of a 10-year sentence that he received after being found guilty in 2000 of aggravated robbery with a deadly weapon and theft. After being released in 2005, he earned himself another 10-year sentence after being found in the possession of an assault rifle, a revolver and a slew of drugs.
Schutter was not pitching the sovereign citizen argument then, but both Tracey and Sgt. Rick Magnuson recall him making that claim when he was arrested for DUI in 2017.
Hes not the only one from that 1999 group who subsequently used some of the sovereign citizen talking points in his defense strategy. Yuri Ognacevic, now 38, was arrested in July for two purse snatchings in Aspen and holding up a concession stand at Theatre Aspen. In his second court appearance in August, he told Seldin that he had every intention of representing himself.
Im well aware of my Sixth Amendment rights to represent myself, he told Seldin in the courtroom. I also have notes on a Supreme Court ruling from 1975, if you would like to hear those.
Though his actions may not be as outright as Brehm reading an actual script, its still a trademark move of a sovereign citizen.
Of the estimated 300,000 people in the United States who at some level subscribe to the ideals espoused in the sovereign citizen movement, only about one-third of them would act on those beliefs, according to a Forbes article by J.J. MacNab, a fellow at the George Washington University Center for Cyber and Homeland Security program on extremism.
Be imaginative. Pull a line from the 1215 version of the Magna Carta, a definition from a 1913 legal dictionary, a quote from a founding father or two, and put it in the blender with some official-sounding Supreme Court case excerpts you found on like-minded websites, she wrote. Et voil, not only have you proven that you dont have to obey the law you dislike, heck, its your patriotic duty to disobey it, and anyone who tells you otherwise is just plain un-American and is probably part of a worldwide Jewish conspiracy to ensure that Chihuahuas are slaves to the U.S. government.
Why is a homeland security and extremism expert writing about sovereign citizens? Because the Federal Bureau of Investigations considers them domestic terrorists.
That does not mean that Isaac Brehm is a terrorist. Seldin treated him more as simply misguided, reading from scripts he didnt comprehend, especially during Brehms closing statements at his preliminary hearing.
Id like to say, you know, pretty much you cant ignore the lack of jurisdiction, and once its challenged, it must be proven. And, uh, you probably know, tax appropriation, he started. Your implied consent is being challenged.
He then went on to list several U.S. codes and sections, eventually even getting into the legal definition of piracy.
Let me stop you there. Were not anywhere near the high seas; were in the Rocky Mountains in the center of the country, alright? Seldin interrupted. Heres my concern: Youre reading from a document that, its not clear to me you actually understand. I dont want to see you getting convicted of a crime that you may or may not have committed solely because you chose to represent yourself and you botched your own defense. Do you understand?
Still, Brehm has opted to persist in his own representation, and his trial is set for January next year.
He tried really hard to help the guy, Nottingham said of Seldin in reflection later.
Sovereign citizens often believe that official documents such as Social Security cards and birth certificates literally enslave people in a contract with the government to which theyre not privy.
Taking it to extremes
More often than not, sovereign citizens are more of Brehms ilk. To this day, Nottingham remembers his first courtroom encounter with the movement.
When I was an intern in Jefferson County dealing with barking dog cases and parking tickets, we had a guy that came in and started about the fringe on the flag and that it must be a court of admiralty and not a court of common law, and I was like, What is he talking about? he said.
The theories that many seeking the Truth return to when dealing with the criminal justice system can be disarming. And that can be dangerous if things do escalate, warns PoliceOne documents.
The threat to officer safety posed by sovereign citizens is well known. One must look no further than the tragic deaths of Sergeant Brandon Paudert and Officer Bill Evans of the West Memphis Police Department in order to understand the risk of spontaneous violence from self-proclaimed sovereign citizens, one article reads.
Again, MacNab estimates that only one-third of an already relatively small group less than .001 percent of the population would act on extremist beliefs, but the beliefs are indeed extreme.
Remember Jabajabba.com? In the side panel of the webpage breaking down the strawman theory, there is a column with links to such literature as The Ancient Giants Who Ruled America and Human Biodiversity and the Hidden Origins of the Caucasian Race.
And while certainly not all proclaimed sovereign citizens would align with white nationalism, the movements history is rooted in it. A group of self-proclaimed Nazi sympathizers who called themselves the Comitatus Posse founded what became the first generation of the sovereign citizen movement, from 1970 to 1995. Perhaps because Comitatus Posse existed in the Pacific Northwest, the broader movement which typically consisted of white, high-school-educated men thrived most in the western part of the country.
Today, sovereign citizens claim almost all socioeconomic and ethnic backgrounds. But some of the biggest court cases are still in western states: Cliven and Ammon Bundy, who in an armed standoff occupied the Malheur National Wildlife Refuge in Oregon in 2014, both used language in media interviews familiar to sovereign citizens. And of course, Doucette and his Colorado 8 still influence current-day training priorities in the state.
Perhaps the geography is coincidental; perhaps its because of the history of the Comitatus Posse. Or maybe its cultural.
Colorado is a sort of libertarian-ish state, Nottingham said. Alaska, Montana, Colorado sort of these Western states that do believe that the authority of the government is derived by the consent of the governed. Thats a foundational aspect of government, of what it is. Thats not individual consent; that is group consent of the government. You dont get to opt out whenever you want. People have tried that before, and they get charged with treason.
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Against the grain, against the law | News - Aspen Daily News
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Above-average water temperature in Black Sea leads to poor catch – Hurriyet Daily News
Posted: at 11:48 am
SAMSUN Demirren News Agency
With the water temperature level persisting above seasonal norms in the Black Sea, fishermen did not reach their desired levels of hunting, triggering high prices for fish.
Experts had said in the beginning of September, when fishing season in Turkey kicked off towards the end of the month, as more boats hunted, the prices would naturally decrease.
But things did not go as planned, with the water temperature in the Black Sea persisting above the seasonal norms.
The horse mackerel (istavrit in Turkish) was sold at the Samsun Metropolitan Municipality Fish Market at 5-10 Turkish Liras ($0.9-$1.75) per kilogram in the first days of September, but now the price has gone up to 18-20 liras ($3.1-$3.5).
The whiting (mezgit in Turkish), on the other hand, is currently sold at a price of 30-35 liras per kilogram, whereas red bullet (barbun in Turkish) at 40 liras, sea bass at 35 liras and salmon at 30 liras.
A local fisherman said that they had initially thought that the seas would be rich in fish, but things did not turn out as they hoped.
Acorn [palamut in Turkish] has been very low in quantities since the beginning of the season and we do not think they will increase in the rest of the season. Apart from that, we are selling whiting, red bullet, horse mackerel and small bluefish [inekop in Turkish]; but since the fish being low in quantities, the prices are a bit high, said Mustafa ubuk.
I do not think that the prices will fall very much in the rest of the season, but if the weather gets a bit cooler, there will be more fish, he said.
Experts have also warned against unconscious urbanization, pollution and overfishing, saying that these are other reasons for the decline in the number of fishes in Turkish seas.
Cokun Erz, an academic at the marine sciences faculty at Karadeniz Technical University (KT), said that the seas being filled up for urban use is a blow to the future of fish populations.
The main reason of this [the decrease in fish populations] is [humans] taking away their physical conditions and the over-pollution of the coasts chemically. And apart from that, if we continue to do overhunting, the fish, which are low in numbers anyway, will go extinct, he said.
Prof. Dr. Ertu Dzgne, of the Department of Fisheries Technology Engineering at KT, said that there was an urgent need for a fish hunting management plan.
The conditions have gradually worsened for the fish. There is a contrary belief which is that if we hunt more, we will gain more. But no, if you hunt more, fish prices will fall. And you will end up hunting for small-sized fish, which would be normally the parents of next years yield. So that would be shooting oneself in the foot, said Dzgne.
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Above-average water temperature in Black Sea leads to poor catch - Hurriyet Daily News
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Sea Shepherd Conservation Includes Costa Rica in Long-Term Oceans Campaign – The Costa Rica Star
Posted: at 11:48 am
Sea Shepherd Conservation Society, in its mission to defend, conserve and protect the seas and marine wildlife, announced that it is launching Operation Treasured Islands late this fall.
The campaign focuses on Illegal, Unreported, and Unregulated (IUU) fishing in the Tropical Eastern Pacific, a two million square kilometer area extending along the Pacific coast of the Americas from Mexico to Peru. At its heart is the Galapagos Islands an archipelago so rich in life, it played a key role in Charles Darwins Theory of Natural Selection.
Sea Shepherd will be patrolling these waters in cooperation with the governments of Mexico, Ecuador, Peru, and Costa Rica, working to enforce existing treaties and laws. The campaign also involves a partnership with Skytruth. The environmental watchdog monitor activities from space and from the surface and will be highly instrumental in observing and catching IUU fishing activities.
As one of the richest areas of marine biodiversity, the Tropical Eastern Pacific is home to 88 species of shark, oceanic mantas, turtles, tuna, dolphins, and blue whales. It is, unfortunately, also an area presently under destructive assault by well-organized industrialized poachers.
Sea Shepherd is preparing to sail into the midst of a huge fleet of factory vessels operating in the rich biodiversity of the waters of the Eastern Tropical Pacific, noted Captain Paul Watson, Founder and Executive Director of Sea Shepherd Conservation Society. Our mission is to search out and investigate high seas crimes ranging from illegal fishing, shark finning and human trafficking.
Sea Shepherds M/V BRIGITTE BARDOT will carry out on-going high-seas patrols covering 2,500 nautical miles from Baja, California to the coast of Peru, patrolling a nutrient laden migration corridor, so rich in marine life, it contains one fifth of the worlds fish catch, said Captain Locky MacLean, Director of Campaigns at Sea Shepherd. Sea Shepherds permanent presence in the region, will act as a sentinel beyond national boundaries, protecting pelagic species from massive fishing fleets hailing as far away as the Asian continent.
For more than four decades, Sea Shepherd has become the worlds most effective international maritime, anti-poaching organization. Through direct action and lawful means, Sea Shepherd has stopped high seas criminals, assisted national marine park rangers, removed illegal nets, and longlines, and prevented the diminishment of numerous species.
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Sea Shepherd Conservation Includes Costa Rica in Long-Term Oceans Campaign - The Costa Rica Star
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LCI More Sensitive Than FEV1 in Patients With Milder CF, Study Contends – Cystic Fibrosis News Today
Posted: at 11:47 am
The lung clearance index (LCI) is more sensitive to changes in lung function in patients with mild cystic fibrosis (CF) than conventional spirometry parameters, a study asserts.
The findings were reported in the study, Lung clearance index to detect the efficacy of Aztreonam lysine inhalation in patients with cystic fibrosis and near normal spirometry A single-centre feasibility study, published recently in the journalPLOS One.
The first clinical trials evaluating the effectiveness of inhaled antibiotics in patients with moderate or severe CF have used spirometry parameters, such as forced expiratory volume in one second (FEV1, the total amount of air a patient is able to exhale in one second after taking a deep breath), as a readout of lung function.
Previous studies showed thatGilead Sciences Cayston (aztreonam lysine), an inhaled antibiotic often used to treat infections caused by the bacteria Pseudomonas aeruginosa in CF patients, was found to be superior to tobramycin, another antibiotic normally prescribed to patients who develop P. aeruginosa lung infections.
However,many patients have normal or near normal FEV1despite chronicP.aeruginosa infection, the researchers wrote. In addition, when working with small patient groups it is difficult to detect changes after treatment using FEV1 as an endpoint [goal], they added.
For that reason, scientists have been looking for alternative readouts that would be more sensitive than FEV1, and better suited to evaluate lung function in patients with milder forms of CF who have chronic lung infections caused by P. aeruginosa.
At the CF Centre Innsbruck, we have been using the multiple breath washout (MBW) technique for many years to measure lung clearance index (LCI). Abnormal LCI is associated with early structural lung disease detectable by high resolution computerized tomography (HRCT) scans when FEV1 may still be normal, the investigators wrote.
In the study, researchers reported the findings of an observational, open-label trial (2013-004295-35), in which the effects of several inhaled anti-pseudomonal antibiotics in patients with mild CF were assessed using the standard FEV1 and LCI parameters.
The study was divided into two treatment phases: in phase 1 (weeks 0-8), patients received standard treatment with inhaled tobramycin, using either TOBI (300 mg/5 ml, twice a day), or TOBI Podhaler (112 mg, twice a day). In phase 2 (weeks 8-16), patients received treatment with Cayston (75 mg, three times a day).
The study enrolled a total of eight CF patients between the ages of 15-49 (median age of 28 years), who had chronic lung infections caused by P. aeruginosa for more than six years, and had been taking inhaled anti-pseudomonal antibiotics for approximately four years.
At baseline, FEV1 ranged between 76.3% and 123.8%, with a median of 87%, which is considered normal or near normal. (FEV1 lower than 75% is indicative of lung function impairment.)
At baseline, LCI values ranged between 6.4 and 11.4, with a median of 8.59, which is above the upper limit of a normal range (7.0), indicating the presence of lung disease.
After four weeks of treatment with Cayston, LCI values decreased in seven of the eight patients participating in the study. Conversely, while receiving standard treatment with tobramycin, only half of the patients (four patients) experienced a significant improvement in LCI values.
No significant differences were found in FEV1 values while patients were receiving standard treatment with tobramycin, or afterward with Cayston.
Respiratory symptoms showed clinically important improvements after AZLI [Cayston] treatment (median change +8.5), and better results than after tobramycin (median -3.0). Treatments were well tolerated, and no adverse events were reported, researchers wrote.
Based on the results regarding the two lung function parameters tested, the team believes lung clearance index can be used to detect treatment induced changes in subjects with mild lung disease, and should be considered as a clinical endpoint for trials.
In line with their results, the team noted thatexpert committees have previously stated LCI is a valuable potential outcome parameter in patients with normal FEV1, since LCI can detect treatment differences even in small patient groups, they wrote.
Joana holds a MSc in Biology and a MSc in Evolutionary and Developmental Biology from Universidade de Lisboa. She is currently finishing her PhD in Biomedicine and Clinical Research at Universidade de Lisboa. Her work has been focused on the impact of non-canonical Wnt signaling in the collective behavior of endothelial cells cells that made up the lining of blood vessels found in the umbilical cord of newborns.
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Patrcia holds her PhD in Medical Microbiology and Infectious Diseases from the Leiden University Medical Center in Leiden, The Netherlands. She has studied Applied Biology at Universidade do Minho and was a postdoctoral research fellow at Instituto de Medicina Molecular in Lisbon, Portugal. Her work has been focused on molecular genetic traits of infectious agents such as viruses and parasites.
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LCI More Sensitive Than FEV1 in Patients With Milder CF, Study Contends - Cystic Fibrosis News Today
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Inter Miami CF signs U.S youth international George Acosta – Stars and Stripes FC
Posted: at 11:47 am
MLS expansion side Inter Miami (set to begin play in 2020) announced the signing of 19-year-old attacking midfielder George Acosta. The Miami native is the fifth player and first American to join Inter Miami.
Acosta joins Miami from USL Championship side Austin Bold FC, which he signed for in August after leaving Argentine powerhouse Boca Juniors. Acosta played for Bocas U-20 and reserve teams, but was unable to break into the first team.
He will remain with the Bold until January 2020. He has made two appearances for the club and recorded one assist.
Acosta has been a long-time U.S. youth international and was called in for a U-23 training camp in June. He played with the U.S. at the 2017 FIFA U-17 World Cup in India, making two appearances and scoring one goal.
The U.S. advanced to the quarterfinals in that tournament before losing 4-1 to Brazil. While Acosta has only featured for U.S. youth teams, he is also eligible to represent Colombia.
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Inter Miami CF signs U.S youth international George Acosta - Stars and Stripes FC
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Former CF Chamber official, husband honored as Oktoberfest royalty – Leader-Telegram
Posted: at 11:47 am
CHIPPEWA FALLS When the Chippewa Falls Area Chamber of Commerce announced plans in 2002 to begin an Oktoberfest event, chamber programs director Jill Herriges jumped into planning the event.
I planned the first 11 Oktoberfests and I managed the first 10, she said.
On Friday, Jill and Steve Herriges were honored as the 2019 Festmeister and Festmeisterin, becoming royalty for the annual event now in its 17th year in Chippewa Falls.
Oktoberfest is a huge part of our life, with my family and my extended Oktoberfest family, Jill Herriges said. Its a huge honor.
Jerry Jacobson, 2003 Festmeister, praised the selection of the Herrigeses.
She was instrumental in getting it started. She did all the grunt work in the beginning, Jacobson said. Without her, we wouldnt have had an Oktoberfest. Its great to see her as part of the royalty.
Jill Herriges left the chamber in 2014. She served as marketing director at Northwestern Bank and also was director of the Chippewa Area Mentor Program. In August 2018, she became executive director of the Community Foundation of Chippewa County. Steve Herriges works in human resources at JAMF in Eau Claire. He said they have been to at least one day of the event all of the past 16 years.
It is awesome for Jill and I to be here. Were humbled, he said.
Bill Febry, the first-ever Festmeister in 2003, described the couple as great community members.
She developed the event, beginning in 2002, until it actually began in 2003, Febry said. Its the appreciation of what theyve done.
Ian Kopp, 2016 Festmeister, echoed praise for the Herrigeses.
Its their leadership and vision at the beginning, Kopp said. They created such an amazing event that benefits so many people in Chippewa Falls.
Jake Leinenkugel, 2012 Festmeister, said hes known the couple for more than a decade, saying they have always been attached to the community.
I cant think of a more deserving couple, and they always have smiles on their faces, Jake Leinenkugel said.
Peg Leinenkugel, 2013 Festmeisterin, was pleased with the announcement.
Jill and Steve have done so much for the community, she said. Jill has quietly worked for so many different organizations and events, and she never expects any recognition. Shes just an exceptional person.
Jill Herriges, 49, was born and raised in Chippewa Falls. They lived in Mount Horeb, moving back to the area in 2000.
The identity of the royal couple is always a secret. Fewer than five people including the royals know the winners until the unveiling. Jill and Steve Herriges were asked in the spring, but they couldnt tell anyone.
You want to share the excitement, and intimately see the reactions on faces, so its been tough (keeping the secret), Steve Herriges said.
Jill Herriges added: (Lying) is not the norm for me. I look at it as keeping information from people, not lying.
Even their 18-year-old daughter Emma didnt find out until she saw their outfits Wednesday night.
Her reaction was, Youve got to be kidding me, Jill Herriges said.
Oktoberfest typically draws 14,000 patrons over the course of the weekend.
Since the beginning of Oktoberfest in 2003, the Planning Committee has donated more than $345,000 to local community groups and non-profits, including $20,000 last November from the 2018 event.
Todays events include a keg rolling competition at noon, the Glockenspiel comedy team has performances at 4 p.m. and 9 p.m., the beer stein holding competition is at 7 p.m., and the sauerkraut eating competition at 7:45 p.m.
Performers today include the Marshall Star Band, Rural Route 5, Maleks Fisherman and Shirts & Skins.
Sunday includes the polka ecumenical celebration at 10:30 a.m. and magician Kevin Hall at 12:30 p.m.
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Former CF Chamber official, husband honored as Oktoberfest royalty - Leader-Telegram
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Wefunders Nick Tommarello Posts Comment on SEC Concept Release: Currently, Reg CF is Most Often a Funding Option of Last Resort – Crowdfund Insider
Posted: at 11:47 am
Wefunder, the leading crowdfunding platform using the Reg CF securities exemption, has posted a comment letter on the Securities and Exchange Commissions concept release authored by Wefunder co-founder and CEO Nick Tommarello.
The SECs concept release is an ongoing consultation on the current regulatory environment for exempt securities offerings. Wefunder has offered securities under Reg CF as a FINRA regulated funding portal but the platform has also issued securities under both Reg D and Reg A+. It is widely known that Reg CF has been an effective tool for companies to raise capital but current rules have hampered its development and success. Under Reg CF, issuers may raise capital from both accredited and non-accredited investors via FINRA regulated funding portals or broker-dealers within a strict set of limitations.
According to Tommarello;
As the rules stand right now, Regulation Crowdfunding (Reg CF) is most often a funding option of last resort. Issuers even often choose to raise no money rather than potentially hamstring their future.
Tommarello provides advice as to how to fix the shortcomings of Reg CF while providing insight into necessary changes to the definition of an accredited investor as well as comments on both Reg A+ and Reg D.
Regarding improvements to Reg CF, Tommarello suggests the following:
Regarding the definition of an accredited investor, Wefunder recommends a fix that allows for a sophistication qualification as a wealth metric is not the best method of judging investing acumen.
Pertaining to Reg D, a securities exemption currently only available to accredited investors, Wefunder believes it is important that non-accredited investors are able to access these investments but only if:
There is more.
Wefunder is not alone in advocating for fixes to Reg CF, as well as improvements to Reg D, Reg A+ and the definition of an accredited investor. The SEC Concept Release is accepting comments until September 24th. It is not clear what changes the SEC will be willing to make or if the Commission expects Congressional action.
The Wefunder letter is embedded below.
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KBRA Assigns Preliminary Ratings to CF 2019-CF2 – Business Wire
Posted: at 11:47 am
NEW YORK--(BUSINESS WIRE)--Kroll Bond Rating Agency (KBRA) is pleased to announce the assignment of preliminary ratings to 18 classes of CF 2019-CF2 (see ratings list below), a $802.9 million CMBS conduit transaction collateralized by 48 commercial mortgage loans secured by 136 properties.
The collateral properties are located in 26 states, with the top three states represented by Florida (11.9%), New York (11.5%), and California (10.9%). The pool has exposure to all the major property types, with the top three being retail (19.9%), multifamily (18.6%), and office (16.5%). The loans have principal balances ranging from $3.0 million to $68.0 million for the largest loan in the pool, GNL Office and Industrial Portfolio (8.5%), which is secured by 12 single-tenant industrial and office properties located in 10 states that together comprise 2.2 million sf. The five largest loans, which also include Uline Arena (5.2%), Ocean Edge Resort & Golf Club (5.0%), Inland Life Storage Portfolio (4.9%) and Bushwick Avenue Portfolio (4.5%), represent 28.1% of the initial pool balance, while the top 10 loans represent 46.8%.
KBRAs analysis of the transaction incorporated our multi-borrower rating process that begins with our analysts' evaluation of the underlying collateral properties' financial and operating performance, which determine KBRAs estimate of sustainable net cash flow (KNCF) and KBRA value using our U.S. CMBS Property Evaluation Methodology. On an aggregate basis, KNCF was 7.1% less than the issuer cash flow. KBRA capitalization rates were applied to each assets KNCF to derive values that were, on an aggregate basis, 42.5% less than third party appraisal values. The pool has an in-trust KLTV of 99.4% and an all-in KLTV of 106.4%. The model deploys rent and occupancy stresses, probability of default regressions, and loss given default calculations to determine losses for each collateral loan that are then used to assign our credit ratings.
For complete details on the analysis, please see our pre-sale report published at http://www.kbra.com. The preliminary ratings are based on information known to KBRA at the time of this publication. Information received subsequent to this release could result in the assignment of ratings that differ from the preliminary ratings.
Preliminary Ratings Assigned: CF 2019-CF2
Class
Initial Class Balance
Expected KBRA Rating
A-1
$20,649,000
AAA (sf)
A-2
$40,987,000
AAA (sf)
A-SB
$28,718,000
AAA (sf)
A-3
$39,556,500
AAA (sf)
A-4
$100,000,000 - $214,000,000
AAA (sf)
A-5
$218,123,500 - $332,123,500
AAA (sf)
A-S
$67,243,000
AAA (sf)
B
$36,131,000
AA+ (sf)
C
$37,134,000
A (sf)
D
$24,087,000
BBB+(sf)
E
$18,066,000
BBB (sf)
F
$19,069,000
BB (sf)
G
$8,029,000
B+ (sf)
NR-RR
$31,113,052
NR
X-A
$562,034,000
AAA (sf)
X-B
$140,508,000
AAA (sf)
X-D
$42,153,000
BBB (sf)
X-F
$19,069,000
BB (sf)
X-G
$8,029,000
B+ (sf)
Loan-Specific Certificates3
SWA
$5,130,000
NR
SWB
$5,070,000
NR
SWC
$5,890,000
NR
SWD
$6,190,000
NR
SWE
$5,620,000 - $5,820,0004
NR
SWRR
$1,900,000 - $2,100,0004
NR
SWX1
$10,200,000
NR
SWX2
$12,080,000
NR
1 The exact initial certificate balances will not be determined until final pricing, however, they are expected to fall within the above ranges; the aggregate initial certificate balance of the Class A-4 and Class A-5 certificates is expected to be approximately $431.1 million.2 Notional balance.3 Loan-specific certificates are only entitled to amounts received with respect to The Stanwix Subordinate Companion Loan.4 The exact initial certificate balances will not be determined until final pricing, however, they are expected to fall within the above ranges; the aggregate initial certificate balance of the SWE and SWRR certificates is expected to be approximately $7.2 million.
To access ratings, reports and disclosures, click here.
Related Publications: (available at http://www.kbra.com)
CONNECT WITH KBRA
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About KBRA and KBRA Europe
KBRA is a full-service credit rating agency registered with the U.S. Securities and Exchange Commission as an NRSRO. In addition, KBRA is designated as a designated rating organization by the Ontario Securities Commission for issuers of asset-backed securities to file a short form prospectus or shelf prospectus. KBRA is also recognized by the National Association of Insurance Commissioners as a Credit Rating Provider, and is a certified Credit Rating Agency (CRA) by the European Securities and Markets Authority (ESMA). Kroll Bond Rating Agency Europe Limited is registered with ESMA as a CRA.
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KBRA Assigns Preliminary Ratings to CF 2019-CF2 - Business Wire
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FIFA 20 best strikers – the best ST, CF, LF and RFs in FIFA – Eurogamer.net
Posted: at 11:47 am
The top strikers and forwards in FIFA 20 and where to findthem.
The best FIFA Strikers are the kings of the game's business end, and with this year opening up to a few more goals than previous editions, they'll play as important a role as they ever have.
Here on this page, we'll be listing FIFA 20's best strikers - which includes the best FIFA ST, the best FIFA CF, and the best LFs and RFs, too, ranked in order of their overall rating.
Be sure to take also look at the specifics depending on what you want out of them, beyond the obvious points of Finishing, and Long Shots, and think about aspects like Ball Control and Short Passing if you prefer to play with two up top, or Heading and Strength if you like a big target man who's a threat in the air.
For other stats-based guides, it's worth taking a look at our list of the highest potential FIFA 20 wonderkids, plus we have pages on FIFA 20's best Goalkeepers, FIFA 20's best Defenders, the FIFA 20's best Midfielders and FIFA 20's best Wingers in the game, too.
Without further ado then, let's dive in! Messi moving over to Right Wing leaves Cristiano Ronaldo a clear run at top spot, while Arsenal's front two looks rather formidable, especially with FIFA 20 bringing back the speed meta.
FIFA 20 best Strikers (ST)
No LFs or RFs make the combined top 10 of the "Forward" positions this year, as those positions do less and less to justify their inclusion at all. Griezmann takes top spot, and Roberto Firmino can rightfully feel a little hard done by in 6th, as one of the very best False 9s in the real world.
FIFA 20 best Centre Forwards and Forwards (CF, RF, LF)
Looking for more on FIFA 20? So far we have the key details on the FIFA 20 release date, a list of the top FIFA 20 potential wonderkids: the best young players and hidden gems, the full FIFA 20 player ratings and top 100 players, an in-progress FIFA 20 Ones to Watch OTW players list, and a full FIFA 20 Icons list, too. Finally, check out our pages on FIFA 20 five star skillers, plus the best FIFA 20 goalkeepers, best FIFA 20 defenders, best FIFA 20 midfielders, best FIFA 20 wingers, and best FIFA 20 strikers for an in-depth look at each position.
As we alluded to above, there are a few additional things to bear in mind when choosing your strikers and forwards in FIFA 20, with slightly different factors becoming more or less important depending on the mode and formation you're playing.
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FIFA 20 best strikers - the best ST, CF, LF and RFs in FIFA - Eurogamer.net
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FIFA 20 Best Strikers in Career Mode | Best ST, CF – Gamepur
Posted: at 11:47 am
Soccer is 90 percentabout goals. If you can score goals and lots of them, then chances area win is imminent. In FIFA 20, the game is as much a player likeyou. It has equal opportunities of planting a shot down and having it the back of the net as you do with your controller. You can get yourself in a fantastic position for a shot on goal, but itdoesnt guaranteethey're going toscore.
So when it comes to FIFA 20 and scoring, you need players who can finish and competewell. Having strikers rated 60 in front of a team made up of 85+ midfielders and defense can only take you so far. Thats where this guide comes into play.
Here are a selection of the best strikers in FIFA 20 Career Mode, with age taken into consideration
Its difficult to put into words how easy Lionel Messi makes scoring goals look. Last season, he bagged 51 goals in 50 appearances. And hes still only 32! Fantastic finisher with unbelievable dribbling skills, Messi is STILL one of, if not the best strikerin the world, and thats reflected in FIFA 20.
Stats:
Finishing: 95
Composure: 94
Dribbling: 97
Ball Control: 96
Reactions: 95
Its fair to say that Eden Hazard carried Chelsea for a long time. His skill and ability on the ball is a level above almost anyone in the Premier League. Its no wonder Real Madrid splash the cash on this astounding player.
Stats:
Acceleration/Balance: 94
Finishing: 84
Dribbling: 95
Ball Control: 94
Composure: 91
A huge contributing factor to the success of Liverpool manager Jurgen Klopps reign, Salah went from an outstanding winger to a dynamite attacker altogether. Lightning quick, and he's great on the ball. Salah might work best as a winger, but you can turn him into a fantastic striker.
Stats:
Acceleration: 94
Sprint Speed: 92
Finishing: 90
Reactions: 92
Dribbling/Ball Control: 89
The amount of hype surrounding Mbapp after his successful first season at Monaco was unlike anyone ever before him. The expectation to deliver for a man who cost a reported 180 million at 18 years old was monstrous. In his first season, he got 21 goals in 44 games. Last year, 39 goals in just 43 caps. Mbapp was already a superstar, but right now, in life and FIFA 20 Career mode, hes set to become the best in the world.
Stats:
Acceleration/Sprint Speed: 96
Agility: 92
Finishing: 89
Positioning: 89
Dribbling: 91
One ofFIFA 20s best finishers, Harry Kane is a little different from other players on this list. He doesnt pace quite as they do. Instead, he relies on being one of the best footballing brains in the business. His height also makes him deadly on a cross and is one of the best penalty takers you can buy too.
Stats:
Finishing: 94
Heading Accuracy: 86
Positioning: 93
Composure/Reactions: 91
Shot Power: 90
A player who is significantly cheaper thanthe above, Timo Werner has great attributes in all the right places. Excellent finishing, pacey, with good agility and reactions, and attacking positioning all point to a striker who knows how to score goals. Still, room to improve too. If Mbapp is out of your price range, Werner is an excellent choice.
Stats:
Acceleration: 93
Sprint Speed: 92
Finishing: 86
Positioning: 85
Ball Control: 84
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FIFA 20 Best Strikers in Career Mode | Best ST, CF - Gamepur
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