The Sisters of St. Francis, their Associates and Sojourners, and students from Ashford University are inviting the public to join in a prayer vigil in solidarity with the thousands of persons who will gather at the gates of the U.S. Army base at Fort Benning in Columbus, Georgia, this month.  Fort Benning is home to the Army's infamous "School of the Americas" (SOA).

The vigil will be held in the chapel at The Canticle, home of the Franciscan Sisters, 841-13th Ave. No., Clinton, and begins at 6 pm, Thursday evening, Nov. 15.

November 16 marks the 23rd anniversary of the 1989 massacre of 6 Jesuit priests, their housekeeper and her daughter at the University of San Salvador, El Salvador.  A U.S. Congressional Task Force reported that those responsible were trained at the SOA.  Since 1990, the organization SOA WATCH has been holding prayer vigils outside the gates of the base to draw attention to the evils perpetrated by SOA graduates and to lobby for an end to US funding for the program.

Clinton Franciscans have been participating in the vigil since 1996.  Over 20 Sisters plus Associates, friends and students have travelled to Georgia in the ensuing years to join the 10,000 + people from around the world who gather annually to pray and work for change through creative nonviolence.

The Pentagon has responded to the growing movement and Congress' near closure of the SOA with a PR campaign to give the SOA a new image. In an attempt to disassociate the school with its horrific past, the SOA was renamed the Western Hemisphere Institute for Security Cooperation in January of 2001

News reached the public earlier this month that one of the perpetrators of the 1989 massacre has been located in the U.S. and is being deported to Spain for trial on murder charges.

Thousands of other Latin Americans and North Americans including four American church women and two bishops have been killed by forces linked to the SOA.  Several bills have been introduced in Congress to halt funding for the SOA, only to be narrowly defeated,

"We hope many people will join us for this brief prayer vigil of solidarity," said Anne Martin Phelan OSF, president of the Clinton Franciscans who has participated in the vigil at Fort Benning many times.  On one trip, she joined hundreds who "crossed the line" onto Army property in nonviolent civil disobedience.

"It is vital that we not participate in the training of those who are terrorizing their fellow citizens in Central American, Mexico, Peru and Columbia.  By holding a vigil in Clinton, we hope to involve more citizens in this form of prayerful, peaceful protest," she said.

Grassley said he became concerned after reading an email alerting him to the drastic measures the governing body of the federal court system would take if sequestration occurs.  The email lacked any reference to actions the courts should already be taking to limit unnecessary spending, such as limiting conferences expenses and travel for judges and other employees.  Savings generated by cutting these unnecessary expenditures could help the courts avoid layoffs, continue juror compensation, and ensure that defender services are maintained.

Grassley's concerns were presented today in a letter to Judge Thomas Hogan, the Director of the Administrative Office of the U.S. Courts which is the operating body of the federal court system.

"The entire federal government is going to be absorbing some difficult cost saving measures.  But, it's disappointing that the federal judiciary outlined draconian measures in a vague email instead of providing a comprehensive plan.  It seems to present a Chicken Little mentality without much effort and forethought into avoiding major disruptions.  The last thing we want is for people to be laid off or justice to be delayed," Grassley said.  "The federal court system should have a detailed plan to ensure as little disruption as possible in case sequestration occurs.  I've outlined a great deal of questionable spending by the federal judiciary that could easily be curbed to give the cost saving a jump start."

The Senate Judiciary Committee has jurisdiction over the federal courts system.  Grassley has been conducting oversight of unchecked spending by the federal judiciary for several years.

Here's a copy of the text of the letter to Hogan.  A signed copy can be found here.

November 8, 2012

Via Electronic Transmission

The Honorable Judge Thomas F. Hogan

Director

Administrative Office of the U.S. Courts

Thurgood Marshall Federal Judiciary Building

One Columbus Circle N.E.

Washington, D.C. 20544

Dear Judge Hogan:

The Administrative Office of the U.S. Courts (A.O.) sent an email recently to staff members of the Senate Committee on the Judiciary outlining the impact of the possible sequestration on the federal courts.  As Ranking Member of the Senate Committee on the Judiciary, I want to ensure the A.O. has a more comprehensive plan for sequestration than was outlined in the email.

The A.O. warned that "[a]n 8.2 percent cut could amount to a $555 million [funding] reduction" and would be "devastating."   In addition, the A.O. intimated the federal courts could be forced to downsize its staff across the country by approximately one third as well as potentially require involuntary separations and/or up to five weeks of furlough for court employees.  Your office also cautioned that defender services would be severely impacted by the suspension of payments to private attorneys and their staffs.  And finally, the A.O. suggested court security would be cut by fifty percent, and jurors would not be paid for their services.

There is no question that the funding reductions would be difficult to absorb.  However, I find it surprising that while the A.O. has been quick to outline the number of employees who would be either involuntarily separated or furloughed, other operational expenses are not mentioned.

For a number of years, I have been raising concerns about the significant amount of court funding spent on non-case related travel.  Thus far, the spending documents I have seen do not appear to justify the travel expenses associated with several events sponsored by various components of the judiciary.  For instance, the Ninth Circuit Court of Appeals recently held a weeklong conference in Maui, Hawaii, costing taxpayers well over $1 million.  In another example, five district courts requesting new judgeships spent over $635,000 and used at least 1362 paid work days for non-court related travel in 2010 alone.  Additionally, the Federal Public Defender's Office (FPDO) for the Eastern District of California recently spent at least $25,000 for an employee spa weekend.  And in fact, the 62 FPDOs across the country have spent at least $17 million on travel expenses over the past two years alone.  While these only represent several examples, if spending on items of this nature were curtailed, the savings could go a long way towards filling the funding shortfalls your office identified.

According to the March 13, 2012 Report on the Proceeding of the Judicial Conference of the United States,^[1] the Budget Committee "developed a report to the Executive Committee on the status of the judiciary's cost-containment efforts."  The report states that "given the current and expected worsening funding climate facing the judiciary, it is essential that the judiciary complete and implement, as soon as possible, as many of these initiatives as feasible."

I agree wholeheartedly that the judiciary needs to seek out and implement cost-containment measures, but I strongly encourage the A.O. to review the judiciary budget as a whole to identify those measures.  For this reason, I am requesting the following additional information:

1)      The detailed plan for how the A.O. intends to meet effectively the demands of any potential sequestration, and the demands of the federal court system.

2)      The cost savings for each measure outlined in the plan provided in question (1) would generate.

3)      Details regarding the decision-making process for determining where funding cuts would be made, how deep those cuts would be, and what, if any, programs would not receive a funding reduction.

4)      Details about how funding for non-case related travel throughout the federal judiciary will be reduced.

5)      The results of the Federal Judicial Center survey of judges "to ascertain which resources they consider most (and least) essential to performing their official duties."^[2]

Thank you in advance for your prompt attention to this matter.  I would appreciate receiving your response to this matter by December 4, 2012.  Should you have any questions regarding this matter, please do not hesitate to contact my staff at (202) 224-5225.

Sincerely,

Charles E. Grassley

Ranking Member

1.  Report of the Proceedings of the Judicial Conference of the United States, at 9 (March 13, 2012), available at  http://www.uscourts.gov/FederalCourts/JudicialConference/Proceedings/Proceedings.aspx?doc=/uscourts/FederalCourts/judconf/proceedings/2012-03.pdf

2 Id. at. 7.

The Exchange Club of the Quad Cities passed out free flags at this year's Boo at the Zoo event at Niabi Zoo on October 27. The Exchange Club handed out more than 1600 flags to the trick-or-treaters who came to the zoo for an early Halloween celebration on the chilly Saturday morning. The Exchange Club partnered with the Child Abuse Council of the Quad Cities to make sure all the little goblins received their very own American flag.

Established as a national Exchange project in 1981, GiveAKidAFlagToWave helps young Americans cultivate a deeper sense of patriotism and to heighten young American's and appreciation for our country's flag.

Background

The National Exchange Club, headquartered in Toledo, Ohio, is an all-volunteer, national service organization for men and women who want to serve their community, develop leadership skills and enjoy new friendships. Exchange has over 21,000 members throughout the United States and Puerto Rico.

The Exchange Club mission is to work together to make our communities better places to live through child abuse prevention, community service, service to youth, and promotion of Americanism.

The Exchange Club of Quad Cities is a local chapter of the national organization. The club meets on the first and third Thursday of each month at The Windmill Restaurant in East Moline, Illinois. Social time begins at 6:00 PM with dinner following at 6:30 PM. Guests are always welcome to attend any meeting. For membership information, call Bob Dixon at 797-5705.

What differentiates commerce businesses from traditional businesses when it comes to asset protection?

Potentially more assets in need of protecting.

Both types of business owners have assets such as homes, cars and bank accounts that need protection in the event of a lawsuit - whether it's a personal suit or one targeting the business. E-commerce businesses may need more financial protection to cover their wealth of intangible assets, including domain names, website content, intellectual property, trademarks and patents. Additionally, an e-commerce business may prove to be more of a lawsuit liabilitybecause it's vulnerable not only in the state where the storefront or warehouse is located, but essentially everywhere substantial connections are made, including internationally. In that sense, theneed to create, maintain and regularly update an asset protection plan becomes more urgent.

To legally shield wealth from lawsuits and other potential threats, including divorce, business owners of all types should have an asset protection plan. This multi-layered strategy involves a range of techniques to title assets such as homes, savings and property (tangible and intangible) in the event that a claim is brought against the business or owner. It's not a guarantee that the protected person will avoid lawsuits or other financial calamities, but it can guarantee they'll lose fewer assets if the worstdoes happen.

I advise clients to work with an attorney to create a plan that's the best fit for their specific financial situation. Clients should: 1) educate themselves, 2) inventory their wealth, 3) assess their liabilities, 4) decide the best asset protection tactic or strategy to use with each asset inventoried, and 5) execute the plan.

• Educate yourself. Clients should understand what's going on when theirattorney is creating theirplan, how it relates to their life, and what changes will trigger the need for an update. They should learn what they can and can't transfer as well as whothey should and shouldn't transfer assets to, even temporarily. For instance, if they "gift" a home to their children shortly after or in proximity to a civil claim filed against them, in the event of a judgment that gift may be looked upon as a fraudulent transfer. It could be reversed, making their home susceptible to the creditor judgment. Education is key to maintaining long-term asset protection.The Presser Law Firm, P.A. offers complimentary books on asset protection and an asset protection worksheet at www.AssetProtectionAttorneys.com; submit a request in the contact form.

• Inventory your wealth. They should include both tangible and intangible financial recourses. Tangible assets include but are not limited to: their home, real estate, bank accounts, vehicles, boats, etc. Intangible assets include but are not limited to: patents, copyrights, franchises, goodwill, trademarks, domain names and trade names, etc.

• Assess your liabilities, present and future. Some present liabilities could include current creditors (whether or not they have claims against the client), personal guarantees on home or business loans, and the client's marital status as well as longevity of your marriage. Future liabilities include unexpected potential financial risks. A failing business in an economy downturn is a good example.Surely many businesses didn't contemplate their demise in the financial and economic crash of 2008. Those owners without anasset protection plan in place prior to 2008 were out of luck when their life savings, homes, real estate and other wealthy were jeopardized by creditor lawsuits. The best advice fore-commerce business owners is to be proactive - the threat of a suit can bring a business to its knees and the best way to protect themselvesis to practice financial self-defense and lawsuit-proof their assets.

• Decide whether or not to re-title their assets, what entity formations to use, and whether equity stripping is appropriate for assets still inadequately protected. Only non-exempt assets need to be re-titled. Exempt assets are those that cannot be seized in the event of a judgment. All non-exempt assets should be re-titled as exempt assets and/or transferred to more protected entities such as a Limited Liability Company, Limited Liability Partnership or Family Limited Partnership, to name a few. Each entity has its own advantages and disadvantages and each person may have specific needs that make one of these entities more advantageous than the others. Alternatively, these assets can be titled to either domestic or international trusts. International trusts, such as the NEVIS trust, are especially protective because the laws of most preferred international trust locations favor the owner of the trust over creditors. Any unprotected assets can be stripped of their equity. For example, taking out a loan on a home that the client owns free and clear would make them more undesirable to a creditor than if they had full equity in the home.

• Implement the plan and maintain the protection over the years. Asset protection plans should be reviewed at least once a year and whenever there is a potential for litigation. Also, integrating an estate plan into anasset protection plan is essential because an unexpected death intestate could tie up an estate in litigation for years.

Asset protection is important for all business owners in today's litigious society. E-commerce businesses are even more vulnerable to lawsuits and potentially have more assets to protect. Business owners should enlist the assistance of anasset protection attorney to create, implement and help maintain a lawsuit-proof plan, and they should have an estate plan as well.

About Hillel L. Presser

Hillel L. Presser's firm, The Presser Law Firm, P.A., represents individuals and businesses in establishing comprehensive asset protection plans. He is a graduate of Syracuse University's School of Management and Nova Southeastern University's law school, and serves on Nova's President's Advisory Council. The Presser Law Firm, P.A. offers complimentary books on asset protection and an asset protection worksheet to help you create an inventory at www.AssetProtectionAttorneys.com; submit a request in the contact form.