I've learned a lot posting in LYN Photography section. This is short guide to buy dSLR.
I would categorized 3 types of dSLR in the market currently:
1) Beginner
2) Semi-pro
3) Pro
Beginner have two types of category which is beginner normal and beginner newbie:
1) Beginner normal :- Sony A200/A300/A350, Nikon D50/D70/D80, Canon 350D/400D/450D, Olympus E510/E520, Pentax K100D/K200D
2) Beginner newbie :- Nikon D40/D40x/D60, Olympus E410/E420
The best buy for those who just want to take up photography is always the beginner normal model. Beginner newbie model have a lot of weaknesses that I normally won't advice to buy since the price between them is very little.
Next up is those who have the money to jump straight to semi-pro model. This has a lot of feature and might not be user friendly:
Semi pro dSLR : Sony A700, Canon 30D/40D, Nikon D200/D300, Pentax K10D/K20D, Olympus E3
My personal preference during middle of June 2008 is Canon 40D based on price/performance ratio.
Next up is the pro dSLR which the price is unreacheable for most of us which I will not talk about. There's a bridge between semi-pro and pro camera that is Canon 5D. This is Full Frame camera which have better noise per ISO ratio. But still the price is quite expensive (RM7000 ~ USD2000).
Almost all camera come with kit. But if you're concern about the quality, then you better buy body first and then buy the lens separately. Some of the kit lens is quite good. Olympus kit lens is one of them.
Anyway, my recommendation for useless lens is those with constant aperture. Meaning, even after zoom, you have same aperture. Before I continue, I would like to state that there's 3 types of lens that you can categorized:
1) Normal zoom lens - aperture smaller as you zoom
2) Constant aperture zoom lens
3) Prime lens - cannot zoom
The best quality will be prime lens. And they are cheaper too if you take price/aperture ratio. However, you lose the convenience of zoom. You have to walk around to get the perfect framing. Prime lens will have the biggest aperture of them all and suitable to take portrait photo. And most people buy 50mm f/1.4. Canon people love to buy 85mm f/1.8 or 135 f/2 which is cheap.
Constant aperture hit the sweet spot of big aperture and can zoom. But there's two aperture size normally come with this. That is f/2.8 and f/4. Of course f/2.8 is the best since you have the convenience to use it indoor. f/2.8 will let more light into the camera which is important in taking a better picture.
Normal zoom lens is very slow and small in aperture size. This is very cheap and normally supplied as kit lens.
I would recommend this lenses to anyone who want to have full complete photography gear that is good for everything and cheap:
1) Tokina 11-16mm f/2.8
2) Tamron 17-50mm f/2.8
3) Sigma 70-200mm f/2.8 HSM II Macro
All the brand above is third party lens. This is cheaper a lot than the branded one. And some of them is even better than the branded Canon/Nikon/etc, for example Tokina 11-16mm f/2.8 which is sharper than the Nikon version of it.
Friday, May 23, 2008
Thursday, May 22, 2008
Definition of addiction
I think addiction must be understand before we can rid of it. As always said, we must get rid of the root cause and not the symptom. And so we should understand the root cause of addiction. I was suddenly enlightened about the cause of addiction through some reading lately. It just make sense to me that some addiction is really caused by the need to have instant gratification. This instant gratification is normally wasting time such as surfing net, chatting, emailing, or drinking. So much so that a lot of our time is wasted doing nothing instead of doing something to improve our live i.e. reading books, exercising, etc.
With the definition of addiction stated as above, we can now try to find out why we want instant gratification during that time. Is it because doing important thing is very painful to us? Or because we're in some sadness? If its painful to do important stuff, we must find out why. Or at least we do it bit by bit and not as painful as to do it fully. And if we're sad, we have to know why we're sad. Are we too sensitive and causing us sadness unecessarily? Anyway, don't sweat over small stuff. There's more important things out there that needs our attention.
Anyway, take care.
With the definition of addiction stated as above, we can now try to find out why we want instant gratification during that time. Is it because doing important thing is very painful to us? Or because we're in some sadness? If its painful to do important stuff, we must find out why. Or at least we do it bit by bit and not as painful as to do it fully. And if we're sad, we have to know why we're sad. Are we too sensitive and causing us sadness unecessarily? Anyway, don't sweat over small stuff. There's more important things out there that needs our attention.
Anyway, take care.
The Last Lecture
I'm hopping on the bandwagon of the Last Lecture. Nope. I'm not going to die yet. But I just read the book and watch the video of The Last Lecture. Abundance of great advice. But its all the same advice repeated again and again from self help book. But we all just don't listen and practice. It feels good to read it but its not beneficial if we don't really practice it. Anyway, here is some advice from the book:
a) Don't complain. Just work hard. (Time wasted when complain can be channel to beneficial work)
b) Don't obsess over what people think. (IMHO, everyone is different. So you can't really satisfy everyone)
c) Dream big.
d) Best shortcut is long which is basically two words : work hard
e) A bad apology (insincere) is worse than no apology at all
This book can be bought cheaply from Amazon.
a) Don't complain. Just work hard. (Time wasted when complain can be channel to beneficial work)
b) Don't obsess over what people think. (IMHO, everyone is different. So you can't really satisfy everyone)
c) Dream big.
d) Best shortcut is long which is basically two words : work hard
e) A bad apology (insincere) is worse than no apology at all
This book can be bought cheaply from Amazon.
Monday, April 7, 2008
10th Malaysian Plan
Reading this article makes me feel sad about current state of Malaysia.
10th Malaysian Plan
Remember that 43% of the GDP comes from Petroleum money, and that 30% of the GDP comes from "haram" activity taxes, such as gambling, cigarette and alcohol taxes and such. Which leaves only 27% of our GDP from actual hard work. What kind of a pathetic economy is this?
By Michael Chick
Malaysia is less exotic than Thailand, less developed than Singapore and more expensive than Indonesia. A Senior Politician once said, "..We are failing because we are not Democratic...". So true, for a country run under Autocratic rule, of the race-based paraplegic party called the Barisan Nasional for the past half century.
Overshadowed by corruption, it comes as no surprise that most Foreign Investor bypass Malaysia and make a bee-line directly to either China or India. In fact, despite being a self-declared Islamic country (we all know that it is not, as it has a Constitution which is alive and well...), Malaysia was abandoned by the Arabs, who recently decided to build a US$10 billion World-Class University on it's tiny neighbor, Singapore. Struggling to compete in the Asian continent, it's time that Malaysia adopts the urgently needed 10th Malaysian Plan. It is therefore outlined as follows:
The 10th Malaysian Plan
1) Catalytic Government
The Government shall redefine it's role as a catalyst and facilitator. It shall adopt the role of defining problems and assembling of resources for others to use in resolving those problems.
Additionally, the government shall provide:
a) seed money
b) equity investments
c) voluntary associations
d) co-production or self-help
e) quid pro quos
f) demand management
g) sale, exchange, or use of property
h) restructuring the market
2) Community Owned Government
The government shall greatly reduce the 3million civil servants. They are mostly redundant, counter-productive and cause unnecessary bureaucratic red-tape which slows down the process of good governance. Malaysia has the highest civil servant- civilian ratio in the world. And that is not something to be proud of.
With all the clumsiness removed out of the government, it can now perform its role. The previously displaced civil servants can now pursue a more active role in the private sector, where, to begin with, will enjoy an immediate, much higher salary than before. Second, due to working in a commercial sector, the individuals will now be forced to be much much more productive, or face termination. This brings about a positive change to the economy of the country. Special concessions will still be made for the physically challenged individuals. In fact, a quota should be set for them, even in the private sector.
Citizens shall now be empowered through Participatory Democracy.
3) New Economic Policy
The NEP shall apply, BUT without the word "race" in it. But for God's sake, give it a new name. The current name leaves a horrible bitter-after-taste in everyone's mouth. In fact, any Government employee who uses the word "race" in any from should be terminated from employment with immediate effect. ie: Chinese New Year should be called The Lunar New Year, and so on. All immigration forms, Mykad's and documents should have the "race" category removed. MCA and MIC and UMNO (again) should be de-registered. Segregation by "race" has no place in the New Malaysia.
4) Competitive Government
The most obvious advantage of competition is the greater efficiency. Competition forces the public and private sector to respond to the needs of their customers. Competition rewards innovation. Monopolies stifle it. Competition boosts the pride and morale of civil servants.
Our civil servants need to learn to compete, or stagnate. Run annual performance appraisals. And then fire the unproductive ones. Pay increment by merit, not by seniority.
5) Mission-Driven Government
Never tell the people "how to do things". Tell them what needs to be achieved, and they will surprise you with their ingenuity.
Mission Driven Governments are:
a) more efficient than rule-driven governments.
b) more effective than rule-driven governments.
c) more innovative than rule-driven governments.
d) more flexible than rule-driven governments.
e) more highly moralled than rule-driven governments.
Mission Driven Governments:
a) give every employee an incentive to save money.
b) free up resources to test new ideas.
c) give managers the autonomy they need to respond to changing circumstances.
d) create a predictable environment.
e) simplify the process enormously.
f) save billions by not having to stay bureaucratic and wasteful.
g) free up unnecessary legislatures to focus on more important issues.
6) Results-Orientated Government
Civil servants need to behave like servants. Not like Lords. Where is the public appraisal/ feedback? With enough complaints against an individual/ department, it needs to rehire a completely new set of employees. The Government needs to work a little beyond 5:01pm.
Rule #1 If you can't see success, you can't reward it.
Rule #2 If you can't reward success, you're probably rewarding failure.
Rule #3 If you can't recognize failure, you can't correct it.
Rule #4 If you can't demonstrate results, you need to be fired.
7) Public-Driven Government
The sole purpose of the Government employees is meeting the needs of the People; NOT the Bureaucracy. Getting close to the people does not involve cutting ribbons or attending over-priced dinners and events. It involves getting your hands dirty. Being on the ground-level with the people. Remember the role of a servant. In short, the People did not elect their leaders to be taken advantaged of, nor to be Lorded over. Remember who voted you in can also vote you out. And remember that those who hired you are voted in. They'd rather fire you than risk not being voted in again. So, shape up, or ship out.
8) Enterprising Government
Earn more than you spend. Turning the profit motive to public use, and making sure that the people receive this money. Be it in various forms; - subsidies, toll-free roads and such. Privatization is not the answer for projects or services that Governments should be providing in the first place.
Remember that 43% of the GDP comes from Petroleum money, and that 30% of the GDP comes from "haram" activity taxes, such as gambling, cigarette and alcohol taxes and such. Which leaves only 27% of our GDP from actual hard work. What kind of a pathetic economy is this?
9) Anticipatory Government
Prevention is better than cure.
The government needs to be a problem-solver rather than a"service-provider".
In the past, we were told to worship our ancestors, for they had more knowledge than we do. However,in this accelerated information age, we might need to worship our FUTURE descendants, for they will possess far greater knowledge than all our ancestors put together. I call this "Forward Thinking", and you can quote me on this.
10) Decentralized Government
Depart from the hierarchical system to a participatory one involving teamwork. All Malaysians are Malaysians. Including those from Borneo and the Peninsular. No longer will citizens of Borneo be treated as second class. They will in fact, be a part of all important decision-making processes. Jointly benefiting as well as taking the blame when things do not turn out as planned.
Summary:
What I'm suggesting is a complete paradigm shift from the traditional government run in Malaysia. The current system is archaic and riddled with loopholes for corrupt practices which many individuals have been profiteering from. While I am fully aware that it takes time for this new reality to materialize, it would be wise to start afresh with goals which are attainable in the immediate future.
The rest are but just details of these 10 points for the 10th Malaysian Plan.
Well, "Good Luck and Goodnite".
Michael Chick is a Graduate of The Haworth College of Business at Western Michigan University, USA.
10th Malaysian Plan
Remember that 43% of the GDP comes from Petroleum money, and that 30% of the GDP comes from "haram" activity taxes, such as gambling, cigarette and alcohol taxes and such. Which leaves only 27% of our GDP from actual hard work. What kind of a pathetic economy is this?
By Michael Chick
Malaysia is less exotic than Thailand, less developed than Singapore and more expensive than Indonesia. A Senior Politician once said, "..We are failing because we are not Democratic...". So true, for a country run under Autocratic rule, of the race-based paraplegic party called the Barisan Nasional for the past half century.
Overshadowed by corruption, it comes as no surprise that most Foreign Investor bypass Malaysia and make a bee-line directly to either China or India. In fact, despite being a self-declared Islamic country (we all know that it is not, as it has a Constitution which is alive and well...), Malaysia was abandoned by the Arabs, who recently decided to build a US$10 billion World-Class University on it's tiny neighbor, Singapore. Struggling to compete in the Asian continent, it's time that Malaysia adopts the urgently needed 10th Malaysian Plan. It is therefore outlined as follows:
The 10th Malaysian Plan
1) Catalytic Government
The Government shall redefine it's role as a catalyst and facilitator. It shall adopt the role of defining problems and assembling of resources for others to use in resolving those problems.
Additionally, the government shall provide:
a) seed money
b) equity investments
c) voluntary associations
d) co-production or self-help
e) quid pro quos
f) demand management
g) sale, exchange, or use of property
h) restructuring the market
2) Community Owned Government
The government shall greatly reduce the 3million civil servants. They are mostly redundant, counter-productive and cause unnecessary bureaucratic red-tape which slows down the process of good governance. Malaysia has the highest civil servant- civilian ratio in the world. And that is not something to be proud of.
With all the clumsiness removed out of the government, it can now perform its role. The previously displaced civil servants can now pursue a more active role in the private sector, where, to begin with, will enjoy an immediate, much higher salary than before. Second, due to working in a commercial sector, the individuals will now be forced to be much much more productive, or face termination. This brings about a positive change to the economy of the country. Special concessions will still be made for the physically challenged individuals. In fact, a quota should be set for them, even in the private sector.
Citizens shall now be empowered through Participatory Democracy.
3) New Economic Policy
The NEP shall apply, BUT without the word "race" in it. But for God's sake, give it a new name. The current name leaves a horrible bitter-after-taste in everyone's mouth. In fact, any Government employee who uses the word "race" in any from should be terminated from employment with immediate effect. ie: Chinese New Year should be called The Lunar New Year, and so on. All immigration forms, Mykad's and documents should have the "race" category removed. MCA and MIC and UMNO (again) should be de-registered. Segregation by "race" has no place in the New Malaysia.
4) Competitive Government
The most obvious advantage of competition is the greater efficiency. Competition forces the public and private sector to respond to the needs of their customers. Competition rewards innovation. Monopolies stifle it. Competition boosts the pride and morale of civil servants.
Our civil servants need to learn to compete, or stagnate. Run annual performance appraisals. And then fire the unproductive ones. Pay increment by merit, not by seniority.
5) Mission-Driven Government
Never tell the people "how to do things". Tell them what needs to be achieved, and they will surprise you with their ingenuity.
Mission Driven Governments are:
a) more efficient than rule-driven governments.
b) more effective than rule-driven governments.
c) more innovative than rule-driven governments.
d) more flexible than rule-driven governments.
e) more highly moralled than rule-driven governments.
Mission Driven Governments:
a) give every employee an incentive to save money.
b) free up resources to test new ideas.
c) give managers the autonomy they need to respond to changing circumstances.
d) create a predictable environment.
e) simplify the process enormously.
f) save billions by not having to stay bureaucratic and wasteful.
g) free up unnecessary legislatures to focus on more important issues.
6) Results-Orientated Government
Civil servants need to behave like servants. Not like Lords. Where is the public appraisal/ feedback? With enough complaints against an individual/ department, it needs to rehire a completely new set of employees. The Government needs to work a little beyond 5:01pm.
Rule #1 If you can't see success, you can't reward it.
Rule #2 If you can't reward success, you're probably rewarding failure.
Rule #3 If you can't recognize failure, you can't correct it.
Rule #4 If you can't demonstrate results, you need to be fired.
7) Public-Driven Government
The sole purpose of the Government employees is meeting the needs of the People; NOT the Bureaucracy. Getting close to the people does not involve cutting ribbons or attending over-priced dinners and events. It involves getting your hands dirty. Being on the ground-level with the people. Remember the role of a servant. In short, the People did not elect their leaders to be taken advantaged of, nor to be Lorded over. Remember who voted you in can also vote you out. And remember that those who hired you are voted in. They'd rather fire you than risk not being voted in again. So, shape up, or ship out.
8) Enterprising Government
Earn more than you spend. Turning the profit motive to public use, and making sure that the people receive this money. Be it in various forms; - subsidies, toll-free roads and such. Privatization is not the answer for projects or services that Governments should be providing in the first place.
Remember that 43% of the GDP comes from Petroleum money, and that 30% of the GDP comes from "haram" activity taxes, such as gambling, cigarette and alcohol taxes and such. Which leaves only 27% of our GDP from actual hard work. What kind of a pathetic economy is this?
9) Anticipatory Government
Prevention is better than cure.
The government needs to be a problem-solver rather than a"service-provider".
In the past, we were told to worship our ancestors, for they had more knowledge than we do. However,in this accelerated information age, we might need to worship our FUTURE descendants, for they will possess far greater knowledge than all our ancestors put together. I call this "Forward Thinking", and you can quote me on this.
10) Decentralized Government
Depart from the hierarchical system to a participatory one involving teamwork. All Malaysians are Malaysians. Including those from Borneo and the Peninsular. No longer will citizens of Borneo be treated as second class. They will in fact, be a part of all important decision-making processes. Jointly benefiting as well as taking the blame when things do not turn out as planned.
Summary:
What I'm suggesting is a complete paradigm shift from the traditional government run in Malaysia. The current system is archaic and riddled with loopholes for corrupt practices which many individuals have been profiteering from. While I am fully aware that it takes time for this new reality to materialize, it would be wise to start afresh with goals which are attainable in the immediate future.
The rest are but just details of these 10 points for the 10th Malaysian Plan.
Well, "Good Luck and Goodnite".
Michael Chick is a Graduate of The Haworth College of Business at Western Michigan University, USA.
Monday, January 14, 2008
How to deal with online con case
These days, if it is not a crime of violence perpetrated by a lunatic, it gets scant mention in the press. Yet, anyone who has been a victim of a thief or a con artist, knows that the loss of physical possessions can be equally devastating. I wont try to give specific examples of the kind of damage non-violent crimes can do. It's victims know that it can cost relationships, businesses, jobs, security and the future of families. Some time back, a wealthy client said it well when he lamented, "The amount of the loss is not important, if it's your last hundred dollars that is taken -- to you, it is rightly called a major crime!"
This page lays out an alternative approach to "getting made whole". That is, getting back that which was stolen from you in the first place. It sets forth a strategy that may not work -- but, in the final analysis, may be your best and only chance of winning!
Lets look at the Cast of Characters in this drama.
The Victim - This is you, or a friend, or loved one -- or your business, or the business of a friend or loved one.
You have had thousands stolen from you, yet you are made to feel that it is your fault because you are too greedy, or inattentive or just too dumb to be left to your own resources without a leach around your neck! I find this belief interesting because it can cause the victim embarrassment, and in fact causes many victims to hide the crime and never report the loss! Its makes me wonder who started the rumor. The victim is often seen as a dottering old fool who is just sitting in front of the phone waiting for a con man to call. Politicians score a lot of points by enacting legislation designed to protect the elderly. I do not object to such legislation except to the extent it tends to give a false image of the true victim. In my experience, victims have included, lawyers, judges, investment counselors, large corporations and even private investigators -- of all ages!
If you are a victim, get rid of the guilt! You were taken, not because you did anything bad. You were taken because the perpetrator was very good at what he or she does -- steal!
You have "A Right To Remain Silent" or "A Right To Get Your Money Back". Which "Right" do you want?
The Perpetrator - This is an individual who has made it his or her life's work taking the assets and property of others. In most cases the perpetrator knows how to manipulate the victim and the criminal justice system so as to stay out of jail!
The Police - In this group we have the local police and the FBI. They are charged with the investigation of complaints and with the apprehension of suspected criminals. However, it is not as simple as it appears.
There are scores of crimes committed or alleged to have been committed every day. Investigative resources are limited. It makes no sense to conduct an investigation if, it has been predetermined by the Prosecutor that the suspect will not be prosecuted.
That is exactly what happens every day. It is not unusual for the police to tell the victim of a White Collar Crime that it is not a crime and that he or she will have to bring a lawsuit in civil court to collect damages. What they do not tell the victim is that a lawsuit will cost a lot of money and that in most cases there will be no recovery of the money!
I happen to believe that in many cases, the police could take the case criminally if they wanted to. It is not for me to ascribe motives to their inaction.
It is common for the police to decline investigation when the victim has accepted a partial repayment from the White Collar criminal. Clearly it would be difficult or impossible to prosecute this as a criminal case because the crook could use the partial repayment as evidence that he did not intend to permanently deprive the victim of his money and that he intended to repay everything as soon as conditions permitted. It doesn't take a brilliant crook to figure out that this scenario is a "Get Out of Jail Free Card". We have seen many instances in which con artists routinely repay a part of what they have stolen in order to convert a possible criminal case into a civil case.
Once you know in your heart that you are a victim, it is very hard to refuse a partial repayment. However, if you do, you are probably helping the crook who ripped you off!
The Prosecutor - He is a key player in this scenario. He is obligated to bring criminal cases against those who break the law, but he also possesses tremendous discretion in the cases he brings and in the plea bargains he makes.
As I noted previously, the police have no reason to investigate a matter that will not be prosecuted.
I can't provide statistics, but I see as self evident, the fact that non-violent crimes are a lot less likely to be prosecuted than crimes of violence. Let us speculate as to why a prosecutor might be inclined to spend his time on crimes of violence than non-violent crimes.
Violent crimes get more publicity. When there is a public outcry for better enforcement it is always in the context of violent crime. In short -- the pressure is on.
It is easy for a prosecutor to rationalize a decision to side step a non-violent case. After all such a case can be tried civilly with a lesser burden of proof and a potential for the court ordering full compensation of the victim - and then some? Isn't that a better option for the victim? Bringing a civil action sounds good, but judgments obtained in such cases tend to be worthless. It is one thing to claim victory by holding a judgment against the thief and con artist who took your money. It is quite another to actually collect on such a judgment.
Most violent crimes are easier to present and win in court than non-violent crimes. A jury is a lot more likely to understand that "A" shot "B" in a dispute over a woman, than it is to understand the difference between a con game and a business that ran into bad luck.
Certainly, prosecutors are entitled to be apprehensive about the judgment and intelligence of juries. It wasn't too long ago that a guy in Los Angeles cut off two peoples heads -- and then was acquitted by "a jury of his peers"!
Even before the O.J. Simpson case I was convinced that the jury system as constituted, is a farce -- to be manipulated by lawyers and by the vivid imagination of the jury. During post trial interviews I have often heard admissions that the juror voted the way he or she did -- not because of evidence that was presented by either side, but because of shear speculation about what "probably happened". I will never forget a juror in a civil trial telling me that he voted for the plaintiff because when the plaintiff testified, the defendants ears got red. To that juror, red ears was proof of guilt and wrong doing.
Can there be any wonder why prosecutors would rather deal with a simple case? And can there be any wonder why a prosecutor faced with the possibility of a jury trial of a White Collar Crime, might be willing to cut a deal with the defense and accept a plea for a lesser offense than what was charged? Please keep this in mind. As you will see, it forms the basis of our strategy to recover the victim's loss.
Please don't let anything that I've said here leave the impression that the prosecutor is unmindful or insensitive to the plight of victim. On the contrary, most prosecutors I've come in contact with are altruistic people who get more satisfaction using their talents to serve the public interest than they would as a high priced defense counsel. When it comes to victims, they do what they can and realize that it is rarely enough.
The Defense Counsel - He has a small, but important role here. His job is to look at the evidence and try to negotiate the best deal he can for his dirt bag client. You say, "look at the evidence? What evidence?" Remember, the police are going to spend little time gathering evidence - because the prosecutor has already decided that in his list of priorities, your case is not worth bringing to trial! So where does the evidence come from?
The Private Investigator - His or her job is to gather the evidence that the police did not have time to gather. His task is to put together a criminal case that can be used by the prosecutor to bring a criminal complaint against the culprit! We call this a "Staple" case because if it is done properly, the police have only to staple together the paperwork and send the assembled pages to the prosecutor for action. The PIs job is to give the prosecutor a case he cannot afford to turn down -- a case that leaves him no choice but to file a felony complaint against the culprit and get a warrant for the culprit's arrest.
This is not an easy task and it is quite likely to be very expensive. (Although we recently put together a case employing a similar victim recovery strategy for only $500.) Since cost is a key factor in most cases, the victim must consult with a PI and get his assessment of the probative potential and the possible cost of the case at the outset. Remember, the object here is to recover what the thief has taken from you -- not to increase your losses by gathering, nice to know, but useless information. Only a private investigator can make that kind of assessment.
Connecting the Dots - Let's look at the assembled cast in action. We have:
The PI - He conducts an investigation and presents a viable case to the police.
The Police - They coordinate with the prosecutor, put the finishing touches on the case and arrest the culprit.
The Prosecutor - He files a felony complaint against the culprit.
The Defense Counsel - He reviews the evidence and advises the culprit to try to cop a plea to a misdemeanor in which he would get a sentence of 6 months instead of the 6 years he is facing.
The Prosecutor - For reasons stated above the prosecutor would prefer not to bring this case to trial. At the same time he has an obligation to the victim. He cannot in good conscience reduce the charge if the victim objects. He contacts the victim, tells the victim of the plea bargain under discussion and asks the victim if he interposes an objection to the deal.
The Victim - He tells the prosecutor that he is not vindictive and would not object to the proposed plea bargain if he is "made whole".
The Prosecutor - He relays the victims terms to the defense counsel who in turn relays the terms to the culprit. Essentially he is told, "Find a way to repay the victim now or face another 5-6 years behind bars!"
The Culprit - We finally have his attention and we have finally motivated him to act. He goes to his off-shore bank account or to his on-line brokerage account or to the acreage he owns in Wyoming in his cousin's name, or to his mother, father, sisters and brothers to raise the money. He begs, borrows and perhaps even steals to get what he needs to keep from rotting in jail!
The difference between this scenario and collecting on a civil judgment is the difference between night and day. If he fails to raise the necessary money in the context of this criminal complaint, don't waste your money on a lawsuit. You may get a judgment, but you wont see a dime!
If per chance he does not raise the money to meet the terms of the plea bargain, and the case goes to trial, if convicted, the judge may order him to make restitution. It sound good, but often is but a drop in the bucket - payable over many years.
A Final Word of Caution - The police and the prosecutor do not want to be used as collection agencies. Do not sucker into a side deal with the culprit in which you agree to drop charges in return for whole or partial restitution. If you do, you will have undercut the prosecutor, taken it out of the criminal context, and made it into a civil case. You will have given the culprit his "Get Out of Jail Free Card". Your position must always be that you want to see the culprit prosecuted to the full extent of the law and to that end, you will cooperate completely with the prosecutor. If there is any deal made, let the prosecutor make it!
This page lays out an alternative approach to "getting made whole". That is, getting back that which was stolen from you in the first place. It sets forth a strategy that may not work -- but, in the final analysis, may be your best and only chance of winning!
Lets look at the Cast of Characters in this drama.
The Victim - This is you, or a friend, or loved one -- or your business, or the business of a friend or loved one.
You have had thousands stolen from you, yet you are made to feel that it is your fault because you are too greedy, or inattentive or just too dumb to be left to your own resources without a leach around your neck! I find this belief interesting because it can cause the victim embarrassment, and in fact causes many victims to hide the crime and never report the loss! Its makes me wonder who started the rumor. The victim is often seen as a dottering old fool who is just sitting in front of the phone waiting for a con man to call. Politicians score a lot of points by enacting legislation designed to protect the elderly. I do not object to such legislation except to the extent it tends to give a false image of the true victim. In my experience, victims have included, lawyers, judges, investment counselors, large corporations and even private investigators -- of all ages!
If you are a victim, get rid of the guilt! You were taken, not because you did anything bad. You were taken because the perpetrator was very good at what he or she does -- steal!
You have "A Right To Remain Silent" or "A Right To Get Your Money Back". Which "Right" do you want?
The Perpetrator - This is an individual who has made it his or her life's work taking the assets and property of others. In most cases the perpetrator knows how to manipulate the victim and the criminal justice system so as to stay out of jail!
The Police - In this group we have the local police and the FBI. They are charged with the investigation of complaints and with the apprehension of suspected criminals. However, it is not as simple as it appears.
There are scores of crimes committed or alleged to have been committed every day. Investigative resources are limited. It makes no sense to conduct an investigation if, it has been predetermined by the Prosecutor that the suspect will not be prosecuted.
That is exactly what happens every day. It is not unusual for the police to tell the victim of a White Collar Crime that it is not a crime and that he or she will have to bring a lawsuit in civil court to collect damages. What they do not tell the victim is that a lawsuit will cost a lot of money and that in most cases there will be no recovery of the money!
I happen to believe that in many cases, the police could take the case criminally if they wanted to. It is not for me to ascribe motives to their inaction.
It is common for the police to decline investigation when the victim has accepted a partial repayment from the White Collar criminal. Clearly it would be difficult or impossible to prosecute this as a criminal case because the crook could use the partial repayment as evidence that he did not intend to permanently deprive the victim of his money and that he intended to repay everything as soon as conditions permitted. It doesn't take a brilliant crook to figure out that this scenario is a "Get Out of Jail Free Card". We have seen many instances in which con artists routinely repay a part of what they have stolen in order to convert a possible criminal case into a civil case.
Once you know in your heart that you are a victim, it is very hard to refuse a partial repayment. However, if you do, you are probably helping the crook who ripped you off!
The Prosecutor - He is a key player in this scenario. He is obligated to bring criminal cases against those who break the law, but he also possesses tremendous discretion in the cases he brings and in the plea bargains he makes.
As I noted previously, the police have no reason to investigate a matter that will not be prosecuted.
I can't provide statistics, but I see as self evident, the fact that non-violent crimes are a lot less likely to be prosecuted than crimes of violence. Let us speculate as to why a prosecutor might be inclined to spend his time on crimes of violence than non-violent crimes.
Violent crimes get more publicity. When there is a public outcry for better enforcement it is always in the context of violent crime. In short -- the pressure is on.
It is easy for a prosecutor to rationalize a decision to side step a non-violent case. After all such a case can be tried civilly with a lesser burden of proof and a potential for the court ordering full compensation of the victim - and then some? Isn't that a better option for the victim? Bringing a civil action sounds good, but judgments obtained in such cases tend to be worthless. It is one thing to claim victory by holding a judgment against the thief and con artist who took your money. It is quite another to actually collect on such a judgment.
Most violent crimes are easier to present and win in court than non-violent crimes. A jury is a lot more likely to understand that "A" shot "B" in a dispute over a woman, than it is to understand the difference between a con game and a business that ran into bad luck.
Certainly, prosecutors are entitled to be apprehensive about the judgment and intelligence of juries. It wasn't too long ago that a guy in Los Angeles cut off two peoples heads -- and then was acquitted by "a jury of his peers"!
Even before the O.J. Simpson case I was convinced that the jury system as constituted, is a farce -- to be manipulated by lawyers and by the vivid imagination of the jury. During post trial interviews I have often heard admissions that the juror voted the way he or she did -- not because of evidence that was presented by either side, but because of shear speculation about what "probably happened". I will never forget a juror in a civil trial telling me that he voted for the plaintiff because when the plaintiff testified, the defendants ears got red. To that juror, red ears was proof of guilt and wrong doing.
Can there be any wonder why prosecutors would rather deal with a simple case? And can there be any wonder why a prosecutor faced with the possibility of a jury trial of a White Collar Crime, might be willing to cut a deal with the defense and accept a plea for a lesser offense than what was charged? Please keep this in mind. As you will see, it forms the basis of our strategy to recover the victim's loss.
Please don't let anything that I've said here leave the impression that the prosecutor is unmindful or insensitive to the plight of victim. On the contrary, most prosecutors I've come in contact with are altruistic people who get more satisfaction using their talents to serve the public interest than they would as a high priced defense counsel. When it comes to victims, they do what they can and realize that it is rarely enough.
The Defense Counsel - He has a small, but important role here. His job is to look at the evidence and try to negotiate the best deal he can for his dirt bag client. You say, "look at the evidence? What evidence?" Remember, the police are going to spend little time gathering evidence - because the prosecutor has already decided that in his list of priorities, your case is not worth bringing to trial! So where does the evidence come from?
The Private Investigator - His or her job is to gather the evidence that the police did not have time to gather. His task is to put together a criminal case that can be used by the prosecutor to bring a criminal complaint against the culprit! We call this a "Staple" case because if it is done properly, the police have only to staple together the paperwork and send the assembled pages to the prosecutor for action. The PIs job is to give the prosecutor a case he cannot afford to turn down -- a case that leaves him no choice but to file a felony complaint against the culprit and get a warrant for the culprit's arrest.
This is not an easy task and it is quite likely to be very expensive. (Although we recently put together a case employing a similar victim recovery strategy for only $500.) Since cost is a key factor in most cases, the victim must consult with a PI and get his assessment of the probative potential and the possible cost of the case at the outset. Remember, the object here is to recover what the thief has taken from you -- not to increase your losses by gathering, nice to know, but useless information. Only a private investigator can make that kind of assessment.
Connecting the Dots - Let's look at the assembled cast in action. We have:
The PI - He conducts an investigation and presents a viable case to the police.
The Police - They coordinate with the prosecutor, put the finishing touches on the case and arrest the culprit.
The Prosecutor - He files a felony complaint against the culprit.
The Defense Counsel - He reviews the evidence and advises the culprit to try to cop a plea to a misdemeanor in which he would get a sentence of 6 months instead of the 6 years he is facing.
The Prosecutor - For reasons stated above the prosecutor would prefer not to bring this case to trial. At the same time he has an obligation to the victim. He cannot in good conscience reduce the charge if the victim objects. He contacts the victim, tells the victim of the plea bargain under discussion and asks the victim if he interposes an objection to the deal.
The Victim - He tells the prosecutor that he is not vindictive and would not object to the proposed plea bargain if he is "made whole".
The Prosecutor - He relays the victims terms to the defense counsel who in turn relays the terms to the culprit. Essentially he is told, "Find a way to repay the victim now or face another 5-6 years behind bars!"
The Culprit - We finally have his attention and we have finally motivated him to act. He goes to his off-shore bank account or to his on-line brokerage account or to the acreage he owns in Wyoming in his cousin's name, or to his mother, father, sisters and brothers to raise the money. He begs, borrows and perhaps even steals to get what he needs to keep from rotting in jail!
The difference between this scenario and collecting on a civil judgment is the difference between night and day. If he fails to raise the necessary money in the context of this criminal complaint, don't waste your money on a lawsuit. You may get a judgment, but you wont see a dime!
If per chance he does not raise the money to meet the terms of the plea bargain, and the case goes to trial, if convicted, the judge may order him to make restitution. It sound good, but often is but a drop in the bucket - payable over many years.
A Final Word of Caution - The police and the prosecutor do not want to be used as collection agencies. Do not sucker into a side deal with the culprit in which you agree to drop charges in return for whole or partial restitution. If you do, you will have undercut the prosecutor, taken it out of the criminal context, and made it into a civil case. You will have given the culprit his "Get Out of Jail Free Card". Your position must always be that you want to see the culprit prosecuted to the full extent of the law and to that end, you will cooperate completely with the prosecutor. If there is any deal made, let the prosecutor make it!
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