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<channel><title><![CDATA[ATTORNEY JESSE CHEN, PITTSBURGH CHINESE LAWYER; &#38472;&#25104;&#24459;&#24072;&#65292;&#21305;&#20857;&#22561;&#21326;&#20154;&#24459;&#24072; - Blog/&#21338;&#23458;]]></title><link><![CDATA[https://www.chenesq.com/blog2133823458]]></link><description><![CDATA[Blog/&#21338;&#23458;]]></description><pubDate>Tue, 24 Feb 2026 07:26:04 -0500</pubDate><generator>Weebly</generator><item><title><![CDATA[​Garcia v. American Eagle: PA Supreme Court Hands Businesses a Huge Win for Stealing Sales Tax from PA Consumers]]></title><link><![CDATA[https://www.chenesq.com/blog2133823458/garcia-v-american-eagle-pa-supreme-court-hands-businesses-a-win-for-stealing-sales-tax-from-pennsylvania-consumers]]></link><comments><![CDATA[https://www.chenesq.com/blog2133823458/garcia-v-american-eagle-pa-supreme-court-hands-businesses-a-win-for-stealing-sales-tax-from-pennsylvania-consumers#comments]]></comments><pubDate>Sat, 03 Jan 2026 17:50:24 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.chenesq.com/blog2133823458/garcia-v-american-eagle-pa-supreme-court-hands-businesses-a-win-for-stealing-sales-tax-from-pennsylvania-consumers</guid><description><![CDATA[&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;The Pennsylvania Supreme Court handed down an opinion just a few months ago that represents a major win for businesses. These businesses illegally charged consumers that 6%, 7% around Pittsburgh, or even 8% sales tax around Philadelphia, for things that should not have been taxed. The case is Garcia v. American Eagle Outfitters et al., 331 A.3d 541 (Pa. 2025), and signals a continuing shift of big money winning over ordinary citizens.&nbsp;& [...] ]]></description><content:encoded><![CDATA[<div class="paragraph" style="text-align:left;">&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;The Pennsylvania Supreme Court handed down an opinion just a few months ago that represents a major win for businesses. These businesses illegally charged consumers that 6%, 7% around Pittsburgh, or even 8% sales tax around Philadelphia, for things that should not have been taxed. The case is <u>Garcia v. American Eagle Outfitters et al.</u>, 331 A.3d 541 (Pa. 2025), and signals a continuing shift of big money winning over ordinary citizens.<br />&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The facts are straightforward. During the height of COVID in 2020, Garcia went out and bought cloth face masks from various stores. Those businesses all charged sales tax on the masks that Garcia bought. Since masks are classified &ldquo;medical supplies&rdquo; (or &ldquo;clothing&rdquo;, I would also argue), they should not have been taxed under 72 P.S. &sect;7204(17). Garcia sued those businesses in a class action lawsuit on behalf of all Pennsylvania consumers, and alleged that the businesses violated Pennsylvania's consumer protection law.<br />&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In an admirably lawyerly move, the businesses' learned counsel argued that collecting sales tax was not part of the &ldquo;conduct&rdquo; that is &ldquo;inside the doing&rdquo; of business. Yes, lawyers are paid well to say that with a straight face.</div>  <div>  <!--BLOG_SUMMARY_END--></div>  <div class="paragraph"><span>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;And with Pennsylvania Supreme Court races becoming dump sites for&nbsp;</span><a href="https://www.tnonline.com/20211030/special-interests-pouring-millions-into-supreme-court-race" target="_blank">massive campaign &ldquo;donations&rdquo;</a><span>, it was hardly shocking that the court&rsquo;s decision parroted the business&rsquo; argument &ndash; and against the interests of all Pennsylvania consumers.</span><br /><span>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; First, the court completely ignored whether the sales tax was proper. Its decision simply skipped over whether cloth masks were &ldquo;medical supplies&rdquo; &ndash; or &ldquo;clothing&rdquo; for that matter &ndash; and whether consumers should have been charged sales tax.</span><br /><span>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Second, the court glossed over the fact that almost no consumer is going to go through the refund procedure in Section 252 of the Pennsylvania Tax Reform Code, 72 P.S. &sect; 7252. Really, who is going to file for a tax refund for $0.14 on a $2 mask in Allegheny County? Not the PA Supreme Court&rsquo;s concern.</span><br /><span>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;&nbsp;Third, businesses are the ones whom made the illegal decision to charge consumers&nbsp;</span><strong>sales</strong><span>&nbsp;tax &ndash;while making a&nbsp;</span><strong>sale</strong><span>. But again, the court skipped this concern.</span><br /><span>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Instead, the court&rsquo;s reasoning copied the retailers&rsquo; argument verbatim:</span></div>  <blockquote><span>&ldquo;While we recognize that Section 3(a) of [Pennsylvania&rsquo;s Consumer Protection Law] might prohibit unfair or deceptive acts or practices within a broader category of circumstances than the advertising, offering for sale, sale, or distribution of property or services alone, we conclude that it cannot be so broad as to encompass actions taken by a merchant in its collection of sales tax.&rdquo;&nbsp;</span><u>Garcia</u><span>, 331 A.3d at 553.</span></blockquote>  <div class="paragraph"><span>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;Never mind that the only time&nbsp;</span><strong>sales</strong><span>&nbsp;tax is collected is when a&nbsp;</span><strong>sale</strong><span>&nbsp;is made, and never mind that&nbsp;</span><strong>sales </strong>tax&nbsp;<span>is</span><strong>&nbsp;always part of&nbsp;</strong><span>the consumer&rsquo;s final lump sum paid to a business, the court elucidated,</span></div>  <blockquote><span>&ldquo;[A] merchant's collection of sales tax is best understood as &lsquo;a statutory obligation&nbsp;</span><em>attendant to,</em><span>&rsquo; but not within, the conduct of any trade or commerce.&rdquo;&nbsp;<u>Id</u>&#8203;.</span></blockquote>  <div class="paragraph"><span>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;The final decision?</span><br /><span>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Millions of dollars of liability for wrongdoing wiped out with the stroke of a pen:</span></div>  <blockquote><span>&#8203;&ldquo;We hold that a merchant's collection of sales tax does not occur &lsquo;in the conduct of any trade or commerce&rsquo; as that phrase is used in Section 3(a) of [Pennsylvania&rsquo;s Consumer Protection Law].&rdquo; <u>Id</u>&#8203;. at 554.</span></blockquote>  <div class="paragraph"><span>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;&nbsp;A huge win for big business. Make no mistake, businesses now have even less incentive to accurately report &ndash; or even pay &ndash; sales tax. The state certainly likes to keep that extra taxpayer money. Do not hold your breath for the state to issue a refund check to each citizen who was cheated. With so much&nbsp;</span><a href="https://www.spotlightpa.org/news/2025/09/supreme-court-pennsylvania-campaign-finance-november-election-aclu-democratic-yass-elections" target="_blank">campaign contribution money sloshing around judicial election campaigns nowadays</a><span>, the focus is on hot button political issues and business interests, while ordinary consumers&rsquo; interests get drowned out. Consumer advocacy groups, who help all Pennsylvanians regardless of political leaning, are always outspent and outgunned by big business money. The vast majority of people struggle to name even one consumer advocacy group &ndash; and no, I do not believe the BBB, a private entity, really counts, given its&nbsp;</span><a href="https://themiaminews.com/the-unenforced-watchdog-why-the-better-business-bureau-still-operates-as-pay-to-play-with-no-real-muscle/" target="_blank">history of &ldquo;pay-to-play&rdquo;</a><span>.</span><br /><span>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The majority of sales tax payment cases are also administrative or civil in nature, so the worst businesses have to fear is usually just a slap on the wrist for being &ldquo;inaccurate&rdquo;. And </span><a href="https://www.forbes.com/sites/robertwood/2024/06/28/skirting-sales-tax-might-seem-harmless-but-can-become-criminal/" target="_blank">many retailers already pad their margins by committing sales tax fraud</a><span>.</span><br /><span>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Now you know &ndash; cheating on your taxes can be profitable and just a &ldquo;cost of doing business&rdquo;. Heck, <a href="https://www.wtae.com/article/joe-nocito-bell-acres-charges/45193654" target="_blank">the biggest tax fraud in Western PA recently got 3 years of &ldquo;supervised release&rdquo;</a>, including 6 months of house arrest. Meaning Joseph Nocito will serve his time...&nbsp;<a href="https://www.urbansplatter.com/2024/12/joseph-nocito-house-the-sewickley-mansion/" target="_blank">in his 51,000 square foot mansion</a> with an &ldquo;outdoor pool and pool house; tennis, basketball and bocce courts&rdquo;, and is also the biggest mansion in Western PA. Nocito had to repay $15.8 million in back taxes, but got to keep his $30 million mansion. But I digress.</span></div>  <div><div class="wsite-image wsite-image-border-hairline " style="padding-top:5px;padding-bottom:10px;margin-left:0px;margin-right:10px;text-align:center"> <a> <img src="https://www.chenesq.com/uploads/2/2/5/3/22538758/published/nocito-mansion.jpg?1767463852" alt="Picture" style="width:701;max-width:100%" /> </a> <div style="display:block;font-size:90%">Mr. Nocito is "serving" his "sentence" for tax fraud in his 51,000 sqft. mansion. Image courtesy Google Maps.</div> </div></div>  <div class="paragraph"><span>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;&nbsp;This&nbsp;</span><u>Garcia</u><span>&nbsp;case represents an increasingly concerning trend. &ldquo;Equal justice&rdquo; has more and more become a mere slogan. Common sense is more and more defeated by bending the law into hyper-technical definitions, to suit a result that big money sees fit. This is not rule of law. This is rule of money.</span><br /><span>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &ldquo;Different spanks for different ranks&rdquo; is not just for the military. Steal a candy bar and Joe Sixpack get cuffed for retail theft. Steal millions from consumers collectively, hire really good lawyers and make some campaign donations, and you get&hellip; a favorable Supreme Court opinion.</span></div>]]></content:encoded></item><item><title><![CDATA[Top 7 tips for lottery jackpot WINNERS]]></title><link><![CDATA[https://www.chenesq.com/blog2133823458/top-7-tips-for-lottery-jackpot-winenrs]]></link><comments><![CDATA[https://www.chenesq.com/blog2133823458/top-7-tips-for-lottery-jackpot-winenrs#comments]]></comments><pubDate>Mon, 07 Aug 2023 14:18:59 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.chenesq.com/blog2133823458/top-7-tips-for-lottery-jackpot-winenrs</guid><description><![CDATA[$2.04 billion. $1.55 billion. $1.05 billion. &ldquo;Mega Millions jackpot now estimated to be largest in game&rsquo;s history.&rdquo; America has seen historically huge jackpots within just the past year. Even after taxes, we&rsquo;re talking mind-boggling, generational wealth &ndash; if you can keep it (from ruining your life too).A lottery win, especially a big one, can be a blessing - or a curse - and the days after a big win are the most critical in determining how your life will be. Because [...] ]]></description><content:encoded><![CDATA[<div class="paragraph" style="text-align:left;">$2.04 billion. $1.55 billion. $1.05 billion. &ldquo;<a href="https://ktla.com/news/nationworld/mega-millions-jackpot-now-estimated-to-be-largest-in-games-history" target="_blank">Mega Millions jackpot now estimated to be largest in game&rsquo;s history</a>.&rdquo; America has seen historically huge jackpots within just the past year. Even after taxes, we&rsquo;re talking mind-boggling, generational wealth &ndash; if you can keep it (from ruining your life too).<br /><br />A lottery win, especially a big one, <a href="https://www.vox.com/future-perfect/2019/9/23/20870762/money-can-buy-happiness-lottery" target="_blank">can be a blessing</a> - or <a href="https://www.insideedition.com/8223-lottery-winner-blows-through-27-million" target="_blank">a curse </a>- and the days after a big win are the most critical in determining how your life will be. Because sudden, massive wealth comes with huge responsibility, and <a href="https://www.investopedia.com/terms/s/suddenwealthsyndrome.asp" target="_blank">sudden wealth syndrome is real</a>. Lottery jackpot winners are more likely to <a href="https://www.ngpf.org/blog/question-of-the-day/question-of-the-day-what-percent-of-lottery-winners-eventually-go-bankrupt" target="_blank">blow through all of their money and declare bankruptcy</a>, <a href="https://www.sbs.com.au/news/article/does-winning-the-lottery-lead-to-divorce-its-different-for-women-and-men/o110o00tb" target="_blank">get divorced</a>, and... <a href="https://www.nydailynews.com/life-style/tragic-stories-lottery-winners-article-1.2492941" target="_blank">worse</a>.<br /><br />Remember that you are now in a battle for self-control and planning. If you manage to get everything in order, then you will usher you and your family into <a href="https://www.youtube.com/watch?v=nbY_aP-alkw" target="_blank"><em>hakuna matata </em>land</a>. If you <a href="https://www.washingtonpost.com/history/2018/10/24/jack-whittaker-powerball-lottery-winners-life-was-ruined-after-m-jackpot" target="_blank">mess up</a>, then you risk seeingyour family members die early, your life filled with divorce, lawsuits and thefts, and getting called stingy, a miser, and being hated because you are not giving your money away as fast as others want you to. So what's a lottery jackpot winner to do? Here are my top 7 tips for lottery jackpot winners:<br></div>  <div>  <!--BLOG_SUMMARY_END--></div>  <div class="paragraph" style="text-align:left;"><u>1. Don&rsquo;t tell anyone</u><br>Congratulations, you've won! The first thing you'll probably itching to do is to tell someone close to you and share the joy (and get emotional support). Some people counsel that you can tell your spouse or significant other. I say &ldquo;DON&rsquo;T TELL ANYONE&rdquo; &ndash; &ldquo;Anyone&rdquo; means your spouse, your children, your significant other, your parents, your cousins, your best friend, your coworkers&hellip; well almost anyone (you can tell your dog). By that, I mean, drive alone, preferably to some deserted parking lot or forest, and then let it all out (with the windows up). The laughing, the crying, the shakes, and the primal screaming. But that&rsquo;s it. Calm down and collect yourself. Because nothing can prepare you for recognizing that all of your relationships, your friendships, your career, and indeed the lives of you and everyone in your family, have just changed dramatically. And consider this: you might have built up some anticipation and resolve in handling a win &ndash; but everyone around you have not. You are absolutely doing everyone a favor by keeping quiet, because everyone&rsquo;s lives will have changed, as nobody in at least your immediate family will ever have to worry about the things ordinary people worry about &ndash; money, debt, work, job security, healthcare, and buying anything you can dream of &ndash; and nothing will have prepared them for it. So don&rsquo;t tell anyone. Not just yet&hellip;<u><br /><br />2. Protect your ticket</u><br>Powerball, Mega Millions, and most other lottery tickets are &ldquo;bearer instruments&rdquo;. This means that anyone who holds a winning ticket is considered its owner. That&rsquo;s why you need to protect your winning ticket &ndash; and not just from obvious theft, but from the ticket <a href="https://www.mdlottery.com/edgewater-man-panics-when-winning-ticket-gets-wet" target="_blank">getting wet</a>, <a href="https://www.cnn.com/2016/02/05/us/man-claims-winning-lottery-ticket-feat/index.html" target="_blank">burned</a>, <a href="https://www.newsweek.com/torn-lottery-ticket-rescued-trash-wins-75-million-1054806" target="_blank">torn up</a> by an idiot clerk, or <a href="https://www.oregonlive.com/trending/2022/08/the-dog-ate-my-winning-lottery-ticket.html" target="_blank">eaten by your dog</a>. Don&rsquo;t jump up and down holding your winning ticket. Don&rsquo;t drink, eat, smoke, or do anything else stupid with the ticket. What I recommend you do is to snap front-and-back photos of the ticket, back up the photos somewhere, and then put the original ticket in a dry, safe, dark, and secret location. Some have advised winners to put the ticket in a bank safe deposit box, but remember the ticket&rsquo;s value is likely uninsured by the bank, and depending on your bank&rsquo;s policies and what you told your bank, if the ticket gets stolen, or destroyed such as through a roof leak, or through fire/smoke, your bank will most likely try to find a way to <em>not </em>reimburse you). Winners might consider <em>not</em> signing their ticket immediately, but to hide and protect it, and get legal counsel as soon as possible so that the ticket won't have their name on it, and use the name of a legal entity that protects the winner's privacy instead. The downside to this is that if the ticket gets stolen, then you might be fighting an uphill battle in getting your winnings.<u><br /><br />3. Your privacy is key</u><br>You have to recognize &ndash; and accept &ndash; that if people know you have won, many, if not most, will see you as a walking ATM, and no longer an ordinary person. You will get people on the street recognizing you and begging you for money and loans. You will get letters &ndash; some true, some fake, some a mix of both &ndash; telling you the most gut-wrenching stories of loss and need, and asking for donations. You will get proposals from business people trying to get you to invest in their projects. You will get never-ending calls from charities and money managers. You will have media hounding you and your family forever. You may even <a href="https://nypost.com/2023/05/25/powerball-winner-edwin-castro-served-lawsuit-claiming-he-stole-ticket" target="_blank">invite people to sue you claiming that you stole the ticket from them</a>. Your family members, if they start telling everyone, will suddenly make lots of new, and possibly unsavory &ldquo;friends&rdquo;, looking for a piece of your gigantic pie. Do you want that? Do you want that for your family? It&rsquo;s understandable that many people dream of becoming famous, but <a href="https://www.powerball.com/winners-gallery" target="_blank">lotteries feature these winners</a> because it helps promote lottery sales, and aren&rsquo;t featured to promote the winners&rsquo; own best interests.<br /><u><br />4. Do not go overboard &ndash; at least not until you&rsquo;ve prepared yourself and your family</u><br>That means no new mansion. Or Lamborghini. Or solid gold Rolex. Or first class tickets to Fiji for everyone in your family. But take your family out to a nice dinner or to the local amusement park. Certainly, you can now afford a few small pleasures, but drastic, and highly visible changes in your spending habits will alert everyone out for a piece of your pie, and destroy your interest in protecting your own privacy. You can wait a little longer, at least until you&rsquo;ve figured out how to protect your money, your family, and yourself.<br /><u><br />5. Your job has changed</u><br>Your #1 job now is to plan ahead and secure your life and your family&rsquo;s future. It&rsquo;s hard. Where do you start? &ldquo;<a href="https://www.cnn.com/2023/07/19/business/lottery-win-what-to-do/index.html" target="_blank">You&rsquo;ll be wise to surround yourself with a team of lawyers and financial advisers.</a>&rdquo; But what kind of &ldquo;lawyers&rdquo; and &ldquo;financial advisers&rdquo;? Let me first suggest that you avoid anyone you know, anyone in your hometown, anyone who advertises, and anyone who has no experience with high net worth individuals. The most important thing is to find professionals who you can trust. Your most important goal is to find professionals who have your best interests in mind, those who are not seeking to be on camera, those who will have less of an chance of intermingling their personal interests while working with you, and those who are not going to be tempted to want a piece of your winnings other than being paid their regular fees. Don't agree, sign, or put anything down on paper to anyone, until you are sure of what you are doing. Don&rsquo;t be shy about getting another professional to help you understand documents if you there is a lot of legalese that you don't understand. You should also seriously consider finding a reputable, trustworthy therapist or other psychological professional (and ask if they also have a therapist of their own - good therapists use their therapists too). Because these are the people you will vent to, ask for advice, and generally lean on for support during this turbulent time. Lawyers and other professionals will be expensive, in the order of tens to even hundreds of thousands of dollars, but what you are paying for is for them to help prepare your entry into <em>hakuna matata</em> land (by creating legal structures that help protect you and your family down the road), and not a life of wealth-filled misery. You are also paying for them handsomely to keep quiet, to respect your wishes while providing you with good advice and carrying out your plans, and ultimately, you are buying professional trust that will pay off in dividends in the long run.<u><br /><br />6. Vet your financial advisors carefully</u><br>Did you know that, unlike lawyers and doctors who have to be trained, licensed, subject to strict rules of practice, and supervised by regulators, <a href="https://money.usnews.com/money/personal-finance/family-finance/articles/2018-08-16/who-can-be-a-financial-advisor" target="_blank"><em>anyone</em> can call themselves a &ldquo;financial advisor&rdquo;</a>?. You will also find people working for &ldquo;wealth management&rdquo; and &ldquo;wealth advisor&rdquo; companies big and small, local and national firms, people working for large banks (ever notice how your bank always tries to sell you all kinds of loans, savings accounts, investment advice, etc.?), and people with a host of alphabet soup titles and acronyms like &ldquo;CFP&rdquo;, &ldquo;CFA&rdquo;, &ldquo;ChFC&rdquo;, &ldquo;CTFA&rdquo;, &ldquo;PFS&rdquo;, &ldquo;RIA&rdquo;, &ldquo;CPA&rdquo;, &ldquo;CLU&rdquo;, &ldquo;CDAA&rdquo;, &ldquo;CFWE&rdquo;, &ldquo;CMP&rdquo;, &ldquo;CPIA&rdquo;, &ldquo;CWS&rdquo;, &ldquo;Enrolled Agent&rdquo;, and many, many more. Many of them will wear expensive suits, have perfect manicures and teeth veneers, work in a fancy office, drive fancy cars, name drop,  boast about their educational and professional credentials, and so forth. They will ask for you to sign lots of documents, and promise you that their job is to promote your best interests. But remember, don&rsquo;t sign anything while you are vetting them. Don&rsquo;t tell them you&rsquo;ve won the lottery jackpot &ndash; just say you've come into some money instead, and want to secure your future and preserve your wealth. Your goal is look past their fancy diplomas and sweet talking, and get answers to some key questions: What do they think your goal should be, and what investments are they generally thinking about that are appropriate for you (it should be a structure designed to preserve your wealth)? What has been their performance like, especially compared to <a href="https://www.investopedia.com/ask/answers/041315/what-are-pros-and-cons-using-sp-500-benchmark.asp" target="_blank">benchmarks like the S&amp;P 500</a>?  What is their fee structure (beware that some take a percentage of your deposited funds &ndash; even if they lose money!)? What exactly are they proposing to invest in (and is it something you can understand)? Do they get paid from the investments that they are proposing to you?<br /><br />And, since your ultimate goal should be wealth preservation, do you think you really need an investment advisor to do so? What about taking your money and just putting it in a mix of US/Canadian/Nordic/Swiss government debt, index funds, bank CDs and other accounts that are insured by the FDIC, raw farmland and timberland, etc.? And, perhaps, vet attorneys who can help you set up offshore trusts to make sure that all of your eggs are not stuck in one national basket? This way, you skip the fees, the longwinded calls, and the extra risk of yet another pair of eyes - and hands - on your money. But going at it alone takes significant self-control and time investment on your own, so you have to weigh the benefits and risks of your choices.<br /><u><br />7. Take the lump sum, not the annuity option</u><br>The lump sum cash option is usually less than half of the advertised jackpot for the Mega Millions and Powerball games. Then you have to deduct taxes: federal tax usually takes more than a third off the top; as for state taxes, California residents pay no state tax on lottery winnings, Pennsylvania residents pay 3.07%, and woe to be a New York lottery winner, who will pay a ridiculous 10.9% in state tax on a big jackpot. So a &ldquo;$1 billion&rdquo; jackpot win really results in taking home around $300 million &ndash; which, although much less than what gets advertised, is still more money than most winners are ever prepared to handle. <br /><br />In any event, some may ask, wouldn&rsquo;t it be more prudent to take the annuity option, since you will end up with more money in the long run, and will be protected from yourself in case all of your cash goes missing? There are several reasons why taking the lump sum makes more sense.<br /><br />First, consider inflation. Countries that you don&rsquo;t traditionally associate with high inflation are in fact mired in it. Britain is seeing 7.9% inflation right now. Sweden faces a 9.3% inflation rate. Hungary is at 20.1%. Turkey is suffering 47.8% inflation. So that final $20 million annuity payment you or your heirs get in 30 years will be worth whatever has been inflated by that time. The US federal government owes <a href="https://www.pgpf.org/national-debt-clock" target="_blank">a mountain of debt</a>, and short of massively cutting expenditures or raising taxes, both of which are politically unpalatable, the only other way I believe the federal government can feasibly manage its debt load is either by (a) printing more dollars to pay off that debt, (b) issuing more debt, and/or (c) selectively default on debt obligations. None of these options are good for the value of your annuity payments.&nbsp;<br />Second, consider bankruptcy &ndash; not yours, but of your state or lottery organization! Your annuity is essentially a promise by the state or lottery association to pay you later, and guess what happens to promises in bankruptcy? You&rsquo;ll get pennies on the dollar, if anything at all. Historically, states have never declared bankruptcy, but I believe that there will be defaults in the future. It&rsquo;s already happened in <a href="https://www.npr.org/2021/12/11/1063408437/puerto-rico-bankruptcy-deal-negotiator-says-it-will-give-island-long-term-stabil" target="_blank">Puerto Rico</a>. And <a href="https://news.yahoo.com/families-outraged-illinois-fails-pay-210047539.html" target="_blank">Illinois stopped paying big lottery winners when it ran out of cash</a> just a few years ago. Unlike the federal government, which can at least print more money to keep paying its bills, states cannot print their own money. So if you live in Connecticut, Arkansas, Kentucky, New Jersey, and Illinois, you should keep in mind that there may come a time when their 35-45% state pension funding ratio (in other words, these states have a 55%-65% shortfall when it comes to being able to pay their pensioners) will result in major budgetary problems. And when a state is forced to choose between paying tens of thousands of pensioners who have significant political clout, or cutting a single lottery annuity check, what do you think that state will choose to do? Pennsylvania is not doing too well either &ndash; our state pension fund is currently experiencing a ~$65 billion shortfall, which is in the bottom 10 of the most poorly-funded state pension funds.&nbsp;<br><br />Now, consider this: the total return on investment in the S&amp;P 500 for the past 30 years is roughly 1,000% &ndash; meaning, if you had socked away your money in an S&amp;P 500 index fund in 1993 and forgot about it for the past 30 years, you will still be 1,000% richer for just leaving the money in there (not investment advice). Barring a multi-decade stock market and overall economic meltdown (which is possible), it is not hard to more than double your money in 30 years. If you have wisely invested your money, or have hired a team of trustworthy professionals to do so, then you can work to sidestep the whims and mercy of politics and inflation, preserve, and even grow the actual value of your winnings.<br><br />In conclusion, it's on you to make the right decisions and exercise self-control now, in order to ensure that you reap the blessing, and not the curse, of a big lottery win.<br /></div>]]></content:encoded></item><item><title><![CDATA[90 Criminal Charges and Why I Think They’re Wrong]]></title><link><![CDATA[https://www.chenesq.com/blog2133823458/90-criminal-charges-and-why-i-think-theyre-wrong]]></link><comments><![CDATA[https://www.chenesq.com/blog2133823458/90-criminal-charges-and-why-i-think-theyre-wrong#comments]]></comments><pubDate>Fri, 25 Nov 2022 21:20:46 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.chenesq.com/blog2133823458/90-criminal-charges-and-why-i-think-theyre-wrong</guid><description><![CDATA[A Pittsburgh man&rsquo;s been accused of secretly putting a camera in a public restroom, and filming the public, including kids, who&rsquo;ve used that restroom. He&rsquo;s been charged with 20 felony counts of child sexual abuse under the PA crimes code Sec. 6312(b)(2), and 70 misdemeanor counts of invasion of privacy under Sec. 7507.1(a)(1). He&rsquo;s since turned himself in, and the police have executed a search warrant of his residence, which has turned up more evidence of his recordings. T [...] ]]></description><content:encoded><![CDATA[<div class="paragraph" style="text-align:left;">A Pittsburgh man&rsquo;s been <a href="https://triblive.com/local/police-pittsburgh-man-facing-90-charges-after-hiding-camera-in-frick-restroom" target="_blank">accused of secretly putting a camera in a public restroom, and filming the public, including kids, who&rsquo;ve used that restroom</a>. He&rsquo;s been charged with 20 felony counts of child sexual abuse under the PA crimes code Sec. 6312(b)(2), and 70 misdemeanor counts of invasion of privacy under Sec. 7507.1(a)(1). He&rsquo;s since turned himself in, and the police have executed a search warrant of his residence, which has turned up more evidence of his recordings. Technically, if he&rsquo;s convicted of all charges, he might be looking at a maximum sentence of approximately 540 years (!) imprisonment.*<br /></div>  <span class='imgPusher' style='float:left;height:0px'></span><span style='display: table;width:335px;position:relative;float:left;max-width:100%;;clear:left;margin-top:0px;*margin-top:0px'><a><img src="https://www.chenesq.com/uploads/2/2/5/3/22538758/published/5656033-web1-ptr-frickrestroomcam-112422.jpg?1669412078" style="margin-top: 10px; margin-bottom: 10px; margin-left: 0px; margin-right: 10px; border-width:0; max-width:100%" alt="Picture" class="galleryImageBorder wsite-image" /></a><span style="display: table-caption; caption-side: bottom; font-size: 90%; margin-top: -10px; margin-bottom: 10px; text-align: center;" class="wsite-caption">Images courtesy Pittsburgh Public Safety.</span></span> <div class="paragraph" style="text-align:left;display:block;">But, I think he&rsquo;s been charged incorrectly. This can be problematic. Filing the right charges is very important. If a defendant&rsquo;s been charged with the wrong crime, then the government risks wasting resources prosecuting him, only to have him be acquitted at trial, or have a conviction overturned on appeal. It&rsquo;s simple &ndash; a defendant can only be guilty of committing a specific crime, and if the charge doesn&rsquo;t fit, then he can&rsquo;t be legally guilty of the charge.<br /><br />Let&rsquo;s take a look at why I think this defendant's been charged incorrectly. Let&rsquo;s start with the most serious 20 felony charges &ndash; child sexual abuse under Sec. 6312(b)(2). The allegations are not that he engaged in the direct abuse of a child. Rather, this particular criminal law requires the government to prove that this defendant, beyond a reasonable doubt, &ldquo;knowingly photograph[ed], videotape[d], depict[ed] on computer or film[ed] a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such an act commits an offense.&rdquo; Assuming that the evidence the police has gathered only show minors engaging in ordinary urination or defecation, then any lawyer worth their salt will argue that there was no &ldquo;sexual act&rdquo; depicted in what this defendant&rsquo;s filmed. This means that, as reprehensible as his actions may be, what he&rsquo;s done simply doesn&rsquo;t fit what this law requires. I expect these felony charges to be withdrawn or changed early on in this case, or else a defense lawyer may ask a judge to dismiss them.</div> <hr style="width:100%;clear:both;visibility:hidden;"></hr>  <div class="paragraph" style="text-align:left;">The second set of 70 misdemeanor charges &ndash; invasion of privacy under Sec. 7507.1(a)(1) &ndash; seems somewhat harder to fight. This law says it&rsquo;s illegal for someone to &ldquo;&hellip;for the purpose of arousing or gratifying the sexual desire of any person, knowingly does any of the following: (1) Views, photographs, videotapes, electronically depicts, films or otherwise records another person without that person's knowledge and consent while that person is in a state of full or partial nudity and is in a place where that person would have a reasonable expectation of privacy.&rdquo; A defense attorney&rsquo;s best shot at tackling this set of misdemeanor charges will depend heavily on the facts involved. Most parts of this law (e.g. Views/photographs/etc., another person, without consent, nudity) will be hard to challenge. But, I think there are 2 ways to defend these charges: challenging the &ldquo;sexual desire&rdquo; and the &ldquo;reasonable expectation of privacy&rdquo; parts of this law.<br /><br />Assume, in this case, that this defendant's exercised his right to remain silent and hasn't confessed, and assume that the police don't find any other evidence which show that there was sexual intent involved (e.g. pictures in a folder labeled &ldquo;racy pics&rdquo;). While a defendant can be proven guilty by circumstantial evidence alone under <u><span>Commonwealth v. Bro</span><span>oks</span></u><span>, 7 A.3d 852, 856</span><span>-</span><span>57 (Pa.Super. 2010)</span> (e.g. the pictures were placed in a folder containing indisputable pornography, versus direct evidence like the defendant admitting that the pictures were taken for sexual gratification), it will be much harder for the government to prove its case if the only circumstantial evidence is that the pictures merely depict nude individuals engaged in regular use of the toilet. A defense argument might be that the defendant's been inappropriately, immorally, but not illegally, interested in human anatomy or bathroom activities, but without any sexual interest. Perhaps this may be just enough to generate reasonable doubt in at least one juror?<br /><br />The other way to defend these charges can be to argue that there&rsquo;s no &ldquo;reasonable expectation of privacy&rdquo; inside that particular public bathroom. Was the door lockable? Were there windows, and where were the windows? Were the windows open or shut? Were there multiple stalls? Were there other people in the bathroom during the picture-taking? And, does anyone even have a reasonable expectation of privacy in a public bathroom, if they&rsquo;ve ever used their own smartphone while in the bathroom, which continuously tracks their own location, data usage, phone contents (including photographs), and even vital signs? This argument, of course, seems to be the weaker one. No matter what data one&rsquo;s own phone may be stealing, an ordinary person certainly does not expect their own phone to be taking non-consensual nude pictures.<br /><br />Suffice it to say, I think the government might be better served in this case by charging the defendant with other crimes instead. Some examples include criminal trespass under Sec. 3503(a)(1)(i), disorderly conduct under 5503(a)(4), public nuisance under 6504, or perhaps illegal wiretapping under 5703(1) and (3), and wiretapping device under 5705(1) and (3).<br /><br />Do note, however, that I don&rsquo;t have the charging documents or evidence in this case, and am only going by what was reported in the news (which often omit important details, and <a href="https://nypost.com/2022/11/22/associated-press-fires-reporter-over-retracted-russian-missiles-story-report/" target="_blank">occasionally even get things very wrong</a>). But the relatively simple facts of this case, along with the large amount of evidence that the police must've seized by now, means that the government has a strong case for some kinds of convictions - provided that the government files the right charges.<br /></div>]]></content:encoded></item><item><title><![CDATA[Why a Trade War with China is Almost Certainly Inevitable]]></title><link><![CDATA[https://www.chenesq.com/blog2133823458/why-a-trade-war-with-china-is-almost-certainly-inevitable]]></link><comments><![CDATA[https://www.chenesq.com/blog2133823458/why-a-trade-war-with-china-is-almost-certainly-inevitable#comments]]></comments><pubDate>Thu, 12 Apr 2018 21:46:30 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.chenesq.com/blog2133823458/why-a-trade-war-with-china-is-almost-certainly-inevitable</guid><description><![CDATA[&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; My practice involves many transactions and clients from China, and I pay keen attention to the economic and political climates of both countries since a trade war will directly affect investments and cases going both ways. After giving the issue of a trade war between China and the United States much thought, I have concluded that there is more than a 90% chance that a trade war will come between the two countries if President Trump does not accept token [...] ]]></description><content:encoded><![CDATA[<div class="paragraph" style="text-align:left;">&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; My practice involves many transactions and clients from China, and I pay keen attention to the economic and political climates of both countries since a trade war will directly affect investments and cases going both ways. After giving the issue of a trade war between China and the United States much thought, I have concluded that there is more than a 90% chance that a trade war will come between the two countries if President Trump does not accept token concessions from China, because Trump is attacking China&rsquo;s now-entrenched political position that China cannot extricate itself from.<br /><br />&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; As I have <a href="http://www.chenesq.com/blog2133823458/trumps-art-of-war" target="_blank">mentioned previously</a>, Trump has indeed made China an important focus of his foreign political and trade policy. While I was wrong on the timing of Trump addressing China by a year, I believe the timing was off due to Trump having to deal with other more acute issues such as the firings of Michael Flynn and James Comey, repealing Obamacare, DACA, tax reform, and North Korea. The question of the bilateral trade deficit and containing China could be placed on the backburner. Still, Trump was not sitting idle on the issue of China; already in 04/2017, he directed the Department of Commerce to begin an investigation into steel dumping.<br /><br />&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; A year later, Trump is now confronting China through the enactment of an escalating trade policy, first on <a href="https://www.cnn.com/2018/03/01/politics/steel-aluminum-trade-trump-chaos/index.html" target="_blank">steel and aluminum</a>, then working towards tariffs on <a href="https://www.cbsnews.com/news/trump-tariffs-on-50-billion-of-chinese-goods-unveiled/" target="_blank">$50 billion&rsquo;s worth of Chinese imports</a>, and then teasing an <a href="https://www.cnbc.com/2018/04/05/trump-asks-us-trade-representative-to-consider-100-billion-in-additional-tariffs-on-chinese-products.html" target="_blank">additional $100 billion&rsquo;s worth of imports</a>. Trump&rsquo;s stated objective is to cut down on the trade deficit between the two countries by providing additional intellectual property safeguards for US companies, and to provide additional help for US companies which do business in China.<br /><br />&#8203;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; China&rsquo;s response is multifaceted: The Chinese government is <a href="https://www.reuters.com/article/us-usa-trade-china-tariffs-statement/china-announces-additional-tariffs-on-50-billion-of-u-s-goods-idUSKCN1HB0W6" target="_blank">conservatively mirroring Trump&rsquo;s but is not &ldquo;upping the ante&rdquo;</a>, yet at the same time it is<a href="https://www.caixinglobal.com/2018-04-06/trump-weighs-additional-100-billion-tariffs-on-chinese-imports-101231136.html" target="_blank"> gearing up for a protracted trade war</a>. Some Western observers, and apparently equity markets as well, have interpreted Chinese President Xi Jinping&rsquo;s <a href="https://www.cnbc.com/2018/04/09/chinese-president-xi-jinping-speaks-at-boao-forum-for-asia.html" target="_blank">very recent speech in Boao</a> on trade policy as conciliatory and that China is willing to <a href="https://www.theguardian.com/world/2018/apr/10/wall-street-sighs-with-relief-as-xi-jinping-finds-the-right-words" target="_blank">negotiate within the framework</a> of Trump's proposed tariffs, but they are <strong>wrong</strong>.<br /><br />&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; Xi just successfully abolished term limits, which has been called his &ldquo;<a href="http://www.nbr.org/downloads/pdfs/outreach/mccahill_commentary_032118.pdf" target="_blank">coronation</a>&rdquo; by influential commentators. Xi&rsquo;s &ldquo;mandate of heaven&rdquo;, then, is grounded in his dual &ldquo;Made in China 2025&rdquo; (MIC 2025) and &ldquo;One Belt One Road&rdquo; (OBOR) initiatives, which seek to develop alternatives for China to the post-Cold War, US-fostered world trade network that has been <a href="https://fee.org/articles/want-peace-promote-free-trade/" target="_blank">key to securing world peace</a>&nbsp;through mutually-dependent economies, and to isolate and weaken adversaries (e.g. sanctions against Cuba, Venezuela, Iran, Russia). In other words, Xi is seeking to avoid the containment of China in its continued ascension as a superpower. <br /><br />&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;While the majority of Americans might not have heard about MIC 2025 and OBOR and therefore are uninformed as to the strategic position that Xi has entrenched China in, MIC 2025 and OBOR are household terms in China, the Chinese government has made sure to spread this message far and wide, and MIC 2025/OBOR are essentially the same concepts as <a href="https://thediplomat.com/2017/12/xis-one-belt-one-road-a-plan-too-big-to-fail/" target="_blank">Manifest Destiny</a> for the United States. Students of history will know that <a href="https://www.britannica.com/biography/Zheng-He" target="_blank">Zheng He</a>&nbsp;is regarded in China as a Chinese Christopher Columbus, and the narrative of Zheng He is promoted heavily today in China in conjunction with MIC 2025 and OBOR as both a celebrated apex of the achievement of Chinese civilization, as well as a warning that to go against "opening up" -- meaning both domestic isolationism as well as foreign containment in terms of economics and technology -- is a death sentence for China.<br /><br />&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;Trump&rsquo;s tariffs strike at the heart of both MIC 2025 and OBOR. Trump&rsquo;s essential demands retard the developmental path of MIC 2025, the fruits of which have already been demonstrated most visibly in <a href="https://japan-forward.com/japans-transfer-of-bullet-train-technology-a-mistake-china-of-course-has-copied-it/" target="_blank">China&rsquo;s high-speed rail (HSR) network</a>, through which forced technology sharing has resulted in China eventually leapfrogging over their foreign partners in building the largest high-speed rail network in the world and both an <a href="http://english.gov.cn/2016special/madeinchina2025/" target="_blank">export and foreign policy tool</a>. Thus, there is absolutely no way that China is going to back down from forced technology transfers, although China is most likely willing to provide <a href="https://www.brookings.edu/blog/order-from-chaos/2018/04/11/is-china-willing-to-deal-on-trade-what-we-learned-from-xis-recent-speech/" target="_blank">minor concessions</a> in the way of enhanced IP enforcement (such as trademark and patent protections) and making additional purchases of US commodities. <br /><br />&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;But ultimately, Trump&rsquo;s tariffs, whether intentionally or otherwise, is viewed as an existential challenge to the political legitimacy of not only Xi, but of the Chinese government as a whole. The reality is that China will rather take the sting of a trade war, just as Russia has <a href="http://www.politifact.com/punditfact/statements/2017/feb/21/anthony-tata/how-have-sanctions-impacted-russias-economy/" target="_blank">taken one to the chin</a> and has not backed out of Ukraine in spite of US sanctions, since Russia feels that the issue of Ukrainian alignment is also an existential issue in having a potential NATO ally in the <a href="http://www.washingtonpost.com/wp-dyn/content/article/2009/12/24/AR2009122401974.html" target="_blank">cradle of its own historical foundation</a>. <br /><br />&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;In this context, Xi&rsquo;s Boao speech which I have mentioned earlier is clearly <em>not</em> as a conciliatory gesture towards Trump, although it does serve as a neutral statement that China does not seek confrontation. Instead, Xi&rsquo;s Boao speech is directed at China&rsquo;s domestic audience and politics; it is Xi&rsquo;s framing of the situation by setting up China as seeking openness and free trade, as an innocent victim of Trump&rsquo;s tariffs, and as a gesture to other nations that China is willing to go even further in its OBOR initiative in promoting trade alternatives (meaning even better terms for grants, loans, and other aid).&nbsp;<br /><br />&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; My interpretation is the correct interpretation of the current course of events, and with<a href="https://www.cnbc.com/2018/04/11/trump-economic-advisor-larry-kudlow-tariffs-might-come-before-negotiations-with-china.html" target="_blank"> neither Trump nor Xi backing down from their positions</a>, <a href="https://www.reuters.com/article/us-usa-trade-china/china-blames-u-s-for-trade-frictions-but-trump-voices-optimism-idUSKBN1HG0WB" target="_blank">negotiations are not happening</a>, and I believe that unless Trump is willing to soften his stance and accept minor concessions from China without major reform, which I do not believe Trump to be willing to accept, <strong>a trade war is inevitable</strong>.<br /></div>]]></content:encoded></item><item><title><![CDATA[Enron Musk's Endgame]]></title><link><![CDATA[https://www.chenesq.com/blog2133823458/enron-musks-endgame]]></link><comments><![CDATA[https://www.chenesq.com/blog2133823458/enron-musks-endgame#comments]]></comments><pubDate>Sat, 25 Nov 2017 04:19:58 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.chenesq.com/blog2133823458/enron-musks-endgame</guid><description><![CDATA[Are there enough warning bells about Elon Musk and Tesla? Or have we forgotten Madoff, Enron, and other big-time names who were ultimately in way over their heads? For those following Tesla, it was jockeying with GM as the biggest US automaker by market capitalization, even though it sold less than 1% of the number of vehicles that GM sold, and last month, the Chevy Bolt alone outsold both the Tesla Model S and Model X combined. By being propelled to the loftiest heights based on hype, the only  [...] ]]></description><content:encoded><![CDATA[<div class="paragraph" style="text-align:left;">Are there enough warning bells about Elon Musk and Tesla? Or have we forgotten Madoff, Enron, and other big-time names who were ultimately in way over their heads? For those following Tesla, <a href="https://www.theguardian.com/technology/2017/apr/10/tesla-most-valuable-car-company-gm-stock-price" target="_blank">it was jockeying with GM as the biggest US automaker by market capitalization</a>, even though it sold <a href="https://www.recode.net/2017/8/2/16085822/tesla-ford-gm-worth-car-manufacturer-elon-musk-earnings" target="_blank">less than 1%</a> of the number of vehicles that GM sold, and last month, the <a href="https://insideevs.com/monthly-plug-in-sales-scorecard/" target="_blank">Chevy Bolt alone outsold both the Tesla Model S and Model X <em>combined</em></a>. By being propelled to the loftiest heights based on hype, the only way left for Tesla to go is down. And many heads will roll when this gigantic house of cards Musk and Tesla has built comes tumbling down.<br /><br />Now why am I so sure that Tesla has turned into a scam, a securities pyramid scheme?<br /><br />&#8203;Because it is doing everything it thinks it can get away with in order to keep it stock price up and get more money anywhere, any way it can.<br /><br />Because the desperation of Elon Musk and Tesla is now plain as day. Desperation of failed execution (<a href="https://seekingalpha.com/article/4111356-tesla-growth-tumbles-4_5-percent-year-year" target="_blank">flat growth in actual sales</a>), desperation to maintain the stock price (~$380/share at its peak, now down to about $310/share; Elon Musk has <a href="http://www.livetradingnews.com/elon-musk-buys-companys-bonds-credit-pledges-shares-3804.html" target="_blank">pledged his interest in Tesla</a> as collateral for loaned funds for himself, and his creditors will surely be displeased at a precipitous stock price drop), desperation to raise additional inexpensive capital as <a href="https://www.marketwatch.com/story/teslas-junk-bonds-are-trading-under-water-and-it-could-spell-trouble-for-elon-musk-2017-11-10" target="_blank">its junk bonds dive underwater</a>, desperation to "<a href="https://electrek.co/2017/06/08/tesla-tsla-shorts-elon-musk/" target="_blank">prove them wrong</a>", and desperation <a href="http://www.rollingstone.com/culture/features/elon-musk-inventors-plans-for-outer-space-cars-finding-love-w511747" target="_blank">to be loved and wanted</a>, and to&nbsp;<a href="https://www.express.co.uk/news/science/725872/Elon-Musk-Tesla-RELIGIOUS-CULT-Steve-Jobs-Bob-Lutz-apple" target="_blank">maintain his cult leader status</a>.<br /><br />I have witnessed this scenario many times, both from public events as well as through my own practice experience. Desperate people do desperate things, and desperate things typically means cutting corners, fudging numbers, and in the case of a publicly listed and highly visible company, invariably results in a scandal that threatens its very existence.</div>  <span class='imgPusher' style='float:right;height:0px'></span><span style='display: table;width:auto;position:relative;float:right;max-width:100%;;clear:right;margin-top:10px;*margin-top:20px'><a><img src="https://www.chenesq.com/uploads/2/2/5/3/22538758/published/675303624.jpg?1511585347" style="margin-top: 5px; margin-bottom: 10px; margin-left: 0px; margin-right: 10px; border-width:1px;padding:3px; max-width:100%" alt="Picture" class="galleryImageBorder wsite-image" /></a><span style="display: table-caption; caption-side: bottom; font-size: 90%; margin-top: -10px; margin-bottom: 10px; text-align: center;" class="wsite-caption">Tesla Model S sedan. Image courtesy Tesla.</span></span> <div class="paragraph" style="display:block;">Because:<br /><br />1. Tesla's sales are leveling off even as cash burn continues unabted. Recent sales have been spurred by by <a href="https://electrek.co/2017/09/01/tesla-offers-showroom-discounts-lower-interest-rates-boost-sales/" target="_blank">large discounts</a>, even though Musk himself promised "<a href="http://money.cnn.com/2016/09/30/technology/tesla-elon-musk-discount/index.html" target="_blank">no discounts</a>";<br /><br />2. Tesla being unable to achieve extremely important promises that it has staked its name upon because of Elon Musk being wrong. To wit:<br />&nbsp;(a)&nbsp;"<a href="https://www.theverge.com/2017/8/24/16198300/elon-musk-tesla-autopilot-confirmed-engineers-safety-concerns-report" target="_blank">Full self driving</a>" sans <a href="https://www.teslarati.com/gm-says-tesla-cant-achieve-level-5-self-driving-using-autopilot-hardware/" target="_blank">LIDAR</a>&nbsp;for which customers have put down <a href="https://electrek.co/2017/03/22/tesla-autopilot-class-action-lawsuit-self-driving/" target="_blank">deposits</a>&nbsp;and are now suing,<br />&nbsp;(b) <a href="https://www.greencarreports.com/news/1073019_tesla-motors-wont-need-more-money-says-ceo-musk" target="_blank">Musk in 2012</a>: "Tesla does not need to ever raise another funding round",<br />&#8203; (c) <a href="https://www.barrons.com/articles/tesla-model-3-production-goals-1507054540" target="_blank">20,000 Model 3 cars made per month</a> by 12/2017 (Tesla is being <a href="https://www.inc.com/emily-canal/tesla-sued-for-model-3-delays-elon-musk.html" target="_blank">sued for misleading investors</a> by actually producing cars by hand due to "<a href="https://www.marketwatch.com/story/tesla-model-3-hit-by-production-bottleneck-that-slowed-initial-deliveries-2017-10-02" target="_blank">production bottlenecks</a>"),<br />&nbsp;(d) <a href="https://www.cnbc.com/2017/10/25/tesla-firings-spread-across-solarcity-employees-blindsided.html" target="_blank">Mass firing of employees</a> under the guise of "performance reviews", apparently conducted en masse;<br />&nbsp;(e) <a href="https://seekingalpha.com/article/4114685-solarcity-adds-teslas-losses" target="_blank">SolarCity acquisition failing</a>, and much more.<br /><br />3. Tesla's <a href="https://www.bloomberg.com/news/articles/2017-11-21/tesla-is-blowing-through-8-000-every-minute-amid-model-3-woes" target="_blank">cash burn of&nbsp;<em>half a million</em>&nbsp;<em>dollars per&nbsp;</em><em>hour</em></a>&nbsp;means a capital raise via an equity sale and consequent dilution is inevitable in light of <a href="https://www.nytimes.com/2017/09/20/business/economy/fed-bond-buying.html" target="_blank">pending interest rate raises by the Fed,</a> which renders another bond sale unfeasibly expensive in the face of an <a href="https://seekingalpha.com/article/4124487-likelihood-consequences-tesla-credit-downgrade" target="_blank">imminent credit downgrade</a>;<br /><br />4. Tesla is becoming increasingly defensive as well as evasive, and seeing the world in a black-and-white, us-vs.-them lens. During earnings calls, for example, its CFO avoided questions about <a href="https://seekingalpha.com/article/4119419-tesla-tsla-q3-2017-results-earnings-call-transcript?part=single" target="_blank">deposit allocation</a>, and Elon Musk himself actually saying "<a href="https://seekingalpha.com/article/4094115-tesla-tsla-q2-2017-results-earnings-call-transcript?part=single" target="_blank">shut the f---- up</a>" in response to Toyota's solid state battery technology claims (rather reminiscent of <a href="http://www.foxnews.com/story/2001/04/18/enron-ceo-uses-vulgarity-in-attack-on-fund-manager.html" target="_blank">Enron's "asshole" earnings call comment</a>&nbsp;made when asked about why it was "<span>the only financial institution that can't come up with balance sheet or cash flow statement after earnings",&nbsp;</span>shortly before <a href="https://en.wikipedia.org/wiki/Enron_scandal" target="_blank">Enron imploded</a>);<br /><br />&#8203;5.&nbsp; After "revealing" the <a href="https://forums.tesla.com/forum/forums/was-model-3-reveal-just-facade" target="_blank">first 30 Model 3 "deliveries" to employees who are subject to gag contracts</a> and the subsequent failure to deliver on its production and sales promises, and realizing the major problems it now faces Tesla and Musk have quickly scheduled another "reveal" that would "<a href="https://twitter.com/elonmusk/status/929823757635481600" target="_blank">blow your mind clear out of your skull and into an alternate dimension</a>". The more joking hyperbole Elon Musk and Tesla spits (psychological "reappraisement" in order to cope with horrific reality), the more it reveals Tesla's true position --Tesla is teetering on the brink of collapse --</div> <hr style="width:100%;clear:both;visibility:hidden;"></hr>  <div>  <!--BLOG_SUMMARY_END--></div>  <div><div class="wsite-multicol"><div class="wsite-multicol-table-wrap" style="margin:0 -15px;"> 	<table class="wsite-multicol-table"> 		<tbody class="wsite-multicol-tbody"> 			<tr class="wsite-multicol-tr"> 				<td class="wsite-multicol-col" style="width:49.999999999999%; padding:0 15px;"> 					 						  <div><div class="wsite-image wsite-image-border-none " style="padding-top:10px;padding-bottom:10px;margin-left:0;margin-right:0;text-align:center"> <a> <img src="https://www.chenesq.com/uploads/2/2/5/3/22538758/999372402.jpg" alt="Picture" style="width:100%;max-width:1100px" /> </a> <div style="display:block;font-size:90%"></div> </div></div>  <div><div class="wsite-image wsite-image-border-none " style="padding-top:10px;padding-bottom:10px;margin-left:0px;margin-right:0px;text-align:center"> <a> <img src="https://www.chenesq.com/uploads/2/2/5/3/22538758/531523920_orig.jpg" alt="Picture" style="width:auto;max-width:100%" /> </a> <div style="display:block;font-size:90%">Tesla Semi. Images courtesy Tesla.</div> </div></div>  <div class="paragraph" style="text-align:left;"><strong>&#8203;The Tesla Roadster 2.0</strong>:<br /><br />- <a href="https://www.tesla.com/roadster/" target="_blank">Pay $50,000 or the full $250,000 right now</a> to reserve a concept car years from production...<br /><br />- ...with a claimed 200 kWh battery when a <a href="https://seekingalpha.com/article/4127285-tesla-kickstarter-project" target="_blank">100 kWh battery wouldn't even fit on a Model 3</a>...<br /><br />- ...<a href="http://mashable.com/2011/06/23/tesla-roadster-dead/#69iINqitqSqw" target="_blank">cannibalizing Model S sales</a>...<br /><br />- ...and arriving at an indefinite future time after a slew of major established competitors' cars are near or on the market (in no particular order):<br /><br />* Porsche<a href="https://www.porsche.com/microsite/mission-e/international.aspx" target="_blank">&nbsp;Mission E</a>.<br />* BMW <a href="https://www.bmwusa.com/vehicles/bmwi/i8.html" target="_blank">i8</a>.<br />* Audi <a href="https://www.audiusa.com/technology/efficiency/e-tron" target="_blank">e-tron</a>.<br />* Aston-Martin <a href="http://www.wired.co.uk/article/aston-martin-rapide-electric-car-uk-release-date-price" target="_blank">rapidE</a>.<br />* Renault <a href="https://www.renault.co.uk/vehicles/concept-cars/trezor-concept.html" target="_blank">Trezor</a>.<br />* Mercedes <a href="https://www.mercedes-benz.com/en/mercedes-benz/design/ultimate-in-luxury-vision-mercedes-maybach-6/" target="_blank">Maybach-6</a>.<br />* And even an electric supercar from a Chinese automaker: the <a href="https://www.nio.io/ep9" target="_blank">NIO EP9</a>.<br /><br />Tesla <a href="https://www.investopedia.com/articles/insights/051716/buffetts-moat-how-sustainable-teslas-competitive-advantage-tsla.asp" target="_blank">has no moat</a>. Except for its brand name, <a href="https://www.cnbc.com/2017/11/17/tesla-is-going-out-of-business-says-former-gm-exec-bob-lutz.html" target="_blank">Tesla has no specialized technology or capabilities</a> that is not available to other, better capitalized and financed, and <a href="http://mashable.com/2017/10/19/tesla-model-3-consumer-reports-reliability/" target="_blank">less abrasive</a>,&nbsp;offensive companies who <a href="https://www.bloomberg.com/news/articles/2016-09-16/tesla-says-mobileye-tried-to-block-its-auto-vision-capability" target="_blank">feud with critical suppliers</a> and&nbsp;<a href="https://www.forbes.com/sites/samabuelsamid/2017/11/02/why-would-any-supplier-want-to-work-with-tesla" target="_blank">throw suppliers under the bus when expedient</a> (but neglecting to acknowledge its own shortcomings, such as with... <a href="http://autoweek.com/article/car-news/tesla-might-be-missing-spot-weld" target="_blank">welding</a>... and <a href="https://electrek.co/2017/10/31/tesla-model-3-bottleneck-gigafactory-1-panasonic-ceo-battery/" target="_blank">making batteries</a>). The actions of <a href="http://www.nasdaq.com/symbol/tsla/insider-trades" target="_blank">insiders</a>, executives (such as the <a href="https://www.forbes.com/sites/chuckjones/2017/02/25/teslas-cfo-abrupt-resignation-doesnt-pass-the-smell-test/#56a08cd7717d" target="_blank">CFO's abrupt resignation</a> and&nbsp;<a href="https://electrek.co/2017/06/20/tesla-autopilot-chris-lattner-software-vision/" target="_blank">chiefs </a>of <a href="https://electrek.co/2017/03/31/tesla-vp-autopilot-vision-nvidia/" target="_blank">self-driving</a>&nbsp;technology), and <a href="https://www.inc.com/guadalupe-gonzalez/tesla-employees-disagreements-autopilot-elon-musk-sterling-anderson.html" target="_blank">engineers </a>in the know do not square with the outlandish public claims of the company and CEO Elon Musk.<br /><br />So the latest "reveal" of the Semi and the Roadster 2.0 is nothing more than an attempt at hype, to get more money through cash deposits (fund current cash burn by pledging future profits) rather than issuing more stock or selling bonds in order to fund an enterprise with an unsustainably high cash burn rate. Kind of like a... pyramid scheme. Kind of like <a href="https://www.npr.org/templates/transcript/transcript.php?storyId=102634952" target="_blank">when Bernie Madoff kept trying to raise money even at the very end</a>.</div>   					 				</td>				<td class="wsite-multicol-col" style="width:49.999999999999%; padding:0 15px;"> 					 						  <div class="paragraph" style="text-align:left;"><strong>The Tesla Semi</strong>:<br /><br />&#8203;- Musk's numbers of 300/500 miles range per charge and $150/180k per Semi are <a href="https://seekingalpha.com/article/4126621-teslas-semi-will-almost-certainly-shelved" target="_blank">fantastic </a>-- important numbers, including battery type and weight, cost, charging infrastructure, capital investment involved, etc. are all left out -- and fantastic in the sense that <a href="https://seekingalpha.com/article/4127520-tesla-semi-pricing-missteps" target="_blank">none of these add up</a>.<br /><br />- The windshield can withstand a "<a href="https://gizmodo.com/everything-you-need-to-know-about-teslas-new-electric-s-1820526008" target="_blank">thermonuclear explosion</a>".<br /><br />- No&nbsp;mirrors, 2 screens. Imagine driving this semi at night, or trying to poke at the screens during rush hour traffic, etc.<br /><br />- Bait and switch: $5,000 deposit suddenly turns into a <a href="https://www.express.co.uk/life-style/cars/883329/Tesla-Semi-truck-price-cost" target="_blank">$20,000 deposit</a> per Semi. Or, if you'd prefer, <a href="https://seekingalpha.com/article/4127285-tesla-kickstarter-project" target="_blank">the full $250,000 for a "Founders Series" Semi Kickstarter Project </a>today, to be delivered sometime in the future...<br /><br />- ...a future where Tesla has installed "Megachargers" and making money charging $0.07 per kWh to Semi customers from large solar-powered truck stops. Somehow, without mentioning anything about capital raises.</div>  <div><div class="wsite-image wsite-image-border-none " style="padding-top:10px;padding-bottom:10px;margin-left:0px;margin-right:0px;text-align:center"> <a> <img src="https://www.chenesq.com/uploads/2/2/5/3/22538758/269991021_orig.jpg" alt="Picture" style="width:auto;max-width:100%" /> </a> <div style="display:block;font-size:90%">The Tesla Roadster 2.0. Image courtesy Tesla.</div> </div></div>   					 				</td>			</tr> 		</tbody> 	</table> </div></div></div>]]></content:encoded></item><item><title><![CDATA[Are We Getting Addiction All Wrong?]]></title><link><![CDATA[https://www.chenesq.com/blog2133823458/are-we-getting-addiction-all-wrong]]></link><comments><![CDATA[https://www.chenesq.com/blog2133823458/are-we-getting-addiction-all-wrong#comments]]></comments><pubDate>Sun, 22 Oct 2017 01:55:18 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.chenesq.com/blog2133823458/are-we-getting-addiction-all-wrong</guid><description><![CDATA[Image courtesy Forbes Magazine. In my years of practice, I have seen the issue of opioid addiction come up time and again. Opioid addiction is hardly a new phenomenon; the British even fought two wars to ensure that they could deal opium in China (while simultaneously banning opium in Britain), perhaps cementing Great Britain as the world's first modern narco-state.&#8203;In any event, now that the opioid epidemic is an official national priority, and with the imminent implementation of national [...] ]]></description><content:encoded><![CDATA[<span class='imgPusher' style='float:right;height:0px'></span><span style='display: table;width:auto;position:relative;float:right;max-width:100%;;clear:right;margin-top:0px;*margin-top:0px'><a><img src="https://www.chenesq.com/uploads/2/2/5/3/22538758/published/174373208.gif?1508775114" style="margin-top: 5px; margin-bottom: 10px; margin-left: 0px; margin-right: 10px; border-width:1px;padding:3px; max-width:100%" alt="Picture" class="galleryImageBorder wsite-image" /></a><span style="display: table-caption; caption-side: bottom; font-size: 90%; margin-top: -10px; margin-bottom: 10px; text-align: center;" class="wsite-caption">Image courtesy Forbes Magazine.</span></span> <div class="paragraph" style="text-align:left;display:block;">In my years of practice, I have seen the issue of opioid addiction come up time and again. Opioid addiction is hardly a new phenomenon; <a href="http://nationalinterest.org/blog/the-buzz/the-opium-wars-the-bloody-conflicts-destroyed-imperial-china-17212" target="_blank">the British even fought two wars </a>to ensure that they could deal opium in China (while simultaneously banning opium in Britain), perhaps <a href="https://www.whitman.edu/economics/Workingpapers/content/WP_25.pdf" target="_blank">cementing Great Britain as the world's first modern narco-state</a>.<br /><br />&#8203;In any event, now that the <a href="http://www.cnn.com/2017/10/16/politics/donald-trump-opioids-national-emergency/index.html" target="_blank">opioid epidemic is an official national priority</a>, and with the <a href="https://www.whitehouse.gov/sites/whitehouse.gov/files/ondcp/commission-interim-report.pdf" target="_blank">imminent implementation</a> of national policies on this issue, perhaps it would be wise to take a step back and try to figure out how to deal with one of the most addictive drugs in the world.<br /><br />But in order to deal with it, we have to face some facts -- facts which are not as well-publicized:<br /><br />- Over 40% of <a href="https://www.huffingtonpost.com/james-clear/veterans-heroin_b_6708026.html" target="_blank">American soldiers who had served in Vietnam during the Vietnam War tried heroin</a>, and 20% became addicted.<br />- But, 96% of the soldiers who did&nbsp;<em>not</em>&nbsp;receive treatment for their heroin addictions <a href="http://www.thecleanslate.org/steven-slates-tedx-talk-tahoe-city/" target="_blank">resolved their addictions&nbsp;<em>without treatment</em></a>.<br />- Yet, of the soldiers who did receive treatment, <a href="http://www.thecleanslate.org/steven-slates-tedx-talk-tahoe-city/" target="_blank">67%&nbsp;</a><em><a href="http://www.thecleanslate.org/steven-slates-tedx-talk-tahoe-city/" target="_blank">relapsed</a>.</em><br /><br />One can definitely argue that perhaps those who did not receive treatment, either by choice or because their addictions were not sufficiently problematic to result in forced treatment, were not as addicted as those who were subject to treatment. This might mean that those who received treatment were more troubled and therefore had more potential for relapse. Other arguments may be that treatment was less sophisticated in past years, or that the statistical analysis is flawed in some way. These are all valid counterpoints, but then look at this statistic:<br /><br />"Of the Vietnam vets who were addicted to heroin in the war, 98% of them didn't get treatment, yet only 12% relapsed. <a href="http://www.thecleanslate.org/steven-slates-tedx-talk-tahoe-city/" target="_blank">Recovery, without treatment, is the norm.</a>"</div> <hr style="width:100%;clear:both;visibility:hidden;"></hr>  <div>  <!--BLOG_SUMMARY_END--></div>  <div class="paragraph" style="text-align:left;">The current model of addiction is that of a <a href="https://www.centeronaddiction.org/what-addiction/addiction-disease" target="_blank">"disease", like "diabetes, cancer and heart disease"</a>. The current model for treatment involves the <a href="https://www.drugabuse.gov/publications/principles-drug-addiction-treatment-research-based-guide-third-edition/evidence-based-approaches-to-drug-addiction-treatment/behavioral-4" target="_blank">twelve-step program</a>, <a href="https://www.drugabuse.gov/publications/principles-drug-addiction-treatment-research-based-guide-third-edition/evidence-based-approaches-to-drug-addiction-treatment/behavioral" target="_blank">therapy</a>, <a href="https://www.drugabuse.gov/publications/principles-drug-addiction-treatment-research-based-guide-third-edition/evidence-based-approaches-to-drug-addiction-treatment/behavioral-1" target="_blank">incentives </a>(getting paid to not use drugs), <a href="https://www.drugabuse.gov/publications/principles-drug-addiction-treatment-research-based-guide-third-edition/evidence-based-approaches-to-drug-addiction-treatment/behavioral-5" target="_blank">encouragement </a>and <a href="https://www.drugabuse.gov/publications/effective-treatments-opioid-addiction/effective-treatments-opioid-addiction" target="_blank">medication such as methadone</a>. Obviously, this treatment model is not working, because despite the proliferation of treatment options and the more than<a href="http://www.cnn.com/2012/12/06/opinion/branson-end-war-on-drugs/index.html" target="_blank"> a&nbsp;<em>trillion</em>&nbsp;dollars spent</a> (that's One Thousand Billion) so far in the War on Drugs, we still have an explosive "opioid epidemic".<br /><br />Notice what is missing in the current model of addiction treatment: <a href="https://www.theguardian.com/culture/2015/aug/30/marc-lewis-the-neuroscientist-who-believes-addiction-is-not-a-disease" target="_blank">Empowerment. Socialization.&nbsp;</a><br /><br />Instead, addicts are called "patients", as if they caught the "disease" of addiction like one catches the flu or gets cancer, which takes choice and self-determination out of the equation.&nbsp;I am not saying that opioids like heroin and pain pills are without addictive qualities. What I am saying is that the method of getting addicts out of dependencies on opioids is flawed.&nbsp;To be sure, judgment and self-control are adversely affected when there is an addictive craving and so disease-like symptoms are exhibited. But, my point is that the understanding of how one gets into, and gets out of, an addictive state is wrong. It is not like a "disease" where one happens to catch it without personal choice (an addict generally makes a choice to use, and keep using, a drug), and where one cannot exit without medical intervention (e.g. being administered drugs, standard drug treatment methods, etc.).&nbsp;<br /><br />&#8203;I understand that being an addict can be a stigma, so labeling addiction a "disease" takes away some of the shame in being an addict, and also justifies public policy, the <a href="https://www.asam.org/resources/public-resources/what-is-an-addiction-specialist" target="_blank">employment of doctors and other professionals</a> to treat this "disease",&nbsp;<a href="https://www.drugabuse.gov/funding" target="_blank">scientific research</a> (scientists researching addiction are generally blind or silent <a href="https://en.wikipedia.org/wiki/Funding_bias" target="_blank">to their own bias</a> of being funded through orthodox public policy framework of treating addiction as a "disease"), <a href="http://www.npr.org/sections/health-shots/2017/08/15/542630442/body-brokers-get-kickbacks-to-lure-people-with-addictions-to-bad-rehab" target="_blank">treatment spending</a>, and <a href="http://www.npr.org/sections/health-shots/2017/08/10/537882989/beach-town-tries-to-reverse-runaway-growth-of-sober-homes" target="_blank">the provision of current</a>, deeply <a href="http://healthland.time.com/2012/03/13/heroin-cheaper-more-effective-than-methadone-for-hard-cases-study/" target="_blank">flawed treatment options</a> in a neat package. But this is a poor argument to base a treatment model on -- should we call other antisocial or self-destructive conditions or issues a "disease", such as wife-beating, drug&nbsp;<em>dealing</em>&nbsp;and fraud? Sounds preposterous, doesn't it?&nbsp;<a href="https://www.asam.org/resources/definition-of-addiction" target="_blank">But this is the result if the "disease" label is used</a>&nbsp;-- "an individual pathologically pursuing reward and/or relief" due to defects in the brain's "reward, motivation, memory and related circuitry".&nbsp;&nbsp;<br /><br />I disagree with the assertion, however, that "legalization" is the solution; it is a fallacious argument. Did you know that <a href="https://www.rxlist.com/cocaine-drug.htm" target="_blank">cocaine is already a prescription drug</a>? A highly controlled prescription, to be sure, but still available for prescription for certain uses. Opioids are, of course, also legally available (<a href="https://www.drugabuse.gov/drugs-abuse/opioids" target="_blank">perhaps&nbsp;<em>too</em>&nbsp;available</a>). So is <a href="http://www.marinol.com" target="_blank">marijuana </a>(more specifically, THC, the active ingredient in marijuana).<br /><br />So how should this "opioid epidemic" be treated?<br /><br />Change the current model. Narcan, getting paid to not use heroin, therapy may all achieve short term results, but it's all part of a flawed framework. Start over with a new, scientific framework for understanding addiction. What is this framework?</div>  <blockquote><a href="https://www.vice.com/en_us/article/avyavb/this-neuroscientist-argues-that-addiction-is-not-a-disease-and-the-rehab-industry-is-bullshit" target="_blank">Addiction is learning, very simply</a>. It's learning a habit of thinking. It's deeply entrenched learning. So are relationships when you're in love with someone. If that person happens to be abusive, you might still be in love with them for 12 years or the rest of your life. That's through learning. So is being a sports fan or a Jihadist. Religion is another deep substantiation of deep learning. That's what I think it is. The fact that it could be gambling, or eating, or heroin, or meth, it shows there are certain addictions that involve substances that create physical dependency. Physical dependency is a whole other layer of shittiness on top of addiction.<br />&#8203;<br />Psychological and interpersonal tools are very important. Addiction has to do with isolation and feeling alone, not having a support network and not being able to deeply connect with other people. You can superficially connect and have a nice circle of addicts, but not connecting with people in a way that's harmonious and fulfilling, those are the people that are really vulnerable to addiction. They're lonely, depressed, anxious, and traumatized. It's just like the&nbsp;<a href="https://www.lifelineconnections.org/rat-park-importance-good-mental-health/" target="_blank">Rat Park</a>&nbsp;[Canadian study into drug addiction]. What I said doesn't just apply to humans, it applies to other animals, too. Isolation is really bad for you and it's the underlining factor of addiction.</blockquote>]]></content:encoded></item><item><title><![CDATA[Banks are not Your Friend]]></title><link><![CDATA[https://www.chenesq.com/blog2133823458/banks-are-not-your-friend]]></link><comments><![CDATA[https://www.chenesq.com/blog2133823458/banks-are-not-your-friend#comments]]></comments><pubDate>Wed, 06 Sep 2017 01:20:37 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.chenesq.com/blog2133823458/banks-are-not-your-friend</guid><description><![CDATA[Recently, I had yet another bad interaction with a local retail bank, PNC, and I think I've just about had it with banks in general. A nosy teller noticed that I was making a high value check deposit into my IOLTA client funds trust account, and asked me where this check came from.I replied, "I decline to say.""Are you buying a house?"Well, since the amount was related to a client, I thought instantly about client confidentiality and responded, "It's confidential."She snidely countered, "It's ba [...] ]]></description><content:encoded><![CDATA[<div class="paragraph" style="text-align:left;">Recently, I had yet another bad interaction with a local retail bank, PNC, and I think I've just about had it with banks in general. A nosy teller noticed that I was making a high value check deposit into my IOLTA client funds trust account, and asked me where this check came from.<br /><br />I replied, "I decline to say."<br /><br />"Are you buying a house?"<br /><br />Well, since the amount was related to a client, I thought instantly about client confidentiality and responded, "It's confidential."<br /><br />She snidely countered, "It's bank policy against fraud, if there's a problem and my manager asks where this is from and I don't know, I can be fired."<br /><br />Looking around, I saw there were other customers next to me; I didn't want to explain too much, so I finally said, "It's from a client."<br /><br />Apparently, this was enough to satisfy her, but she gave me a dirty look and did her business without further hassle.<br /><br />This also reminds me of many other times when I was making significant deposits, that each time the teller would ask me if I wanted to invest "my" money (despite it going into <a href="http://www.iolta.org/what-is-iolta" target="_blank">an IOLTA account</a> -- it's not&nbsp;<u>my</u>&nbsp;money) into some kind of better financial product. No thanks. The pushier ones would even get their manager to come over and <a href="https://www.youtube.com/watch?v=TGwZVGKG30s" target="_blank">try to sell me their investments</a>.<br /><br />Once, I even tried to tell a PNC teller to put a note on my accounts to not ask me about my deposits -- you can be assured that this request did not go over well at all. In fact, she flat out rejected my request and said asking nosy questions and pushing sales of investment schemes (I'm paraphrasing) was a mandatory part of their job.<br /><br />Banks couch their aggressive nosiness under the guises of "security" and "fraud prevention", but it's really because they want to turn your money into their profit. I don't have a problem with banks or any other business making money, but I do have a problem when banks pretend to be friendly and helpful, or when they try to scare customers with claims of "security", when they are in fact manipulative and look to milk customers, who may never know any better, for all they're worth.<br /><br />Like when <a href="https://www.onwallstreet.com/articles/wells-fargos-142m-accounts-settlement-in-question-as-victims-swell" target="_blank">Wells Fargo opened up fake accounts</a> and charged customers for such accounts, or when <a href="https://www.cnbc.com/2017/08/02/lawsuit-says-wells-fargo-auto-insurance-charges-were-a-fraud.html" target="_blank">Wells Fargo charged customers bogus car insurance</a>. Like when <a href="http://money.cnn.com/2017/01/09/investing/fdic-sues-bank-of-america/index.html" target="_blank">Bank of America cheated on its deposit insurance</a>, or&nbsp;when it <a href="https://www.usnews.com/news/best-states/california/articles/2017-06-13/bank-of-america-pays-nearly-2m-to-settle-lawsuit" target="_blank">recorded customer calls without consent</a>, or when it <a href="https://topclassactions.com/lawsuit-settlements/closed-settlements/390177-bank-america-fha-insured-loan-class-action-settlement/" target="_blank">cheated homeowners by overcharging mortgage interest</a>.<br /><br />Local examples? Plenty. <a href="http://www.pennlive.com/midstate/index.ssf/2015/08/citizens_bank_to_pay_35_millio.html" target="_blank">Citizens Bank directly stole from customers' deposits</a>. <a href="http://www.post-gazette.com/business/finance/2014/04/15/PNC-Bank-refunding-customers-hit-by-fees/stories/201404150023" target="_blank">PNC manipulated customers' deposits in order to hammer more overdraft charges</a>. <a href="http://triblive.com/business/headlines/12183526-74/pnc-to-pay-16m-to-settle-overtime-lawsuit" target="_blank">PNC also bled its own employees </a>in not paying overtime wages.<br /><br />Now, tell me how many of the banks were actually stopped from doing business (<a href="http://www.huffingtonpost.com/adam-winkler/corporations-are-people-a_b_5543833.html" target="_blank">since corporations are now people</a>, but real people go to jail for committing crimes), or how many bankers involved in each of these schemes went to jail?<br /><br />Slightly more legal ways banks seek to profit come even with "free" checking, which now&nbsp;comes with lots of strings attached and involve complex fees if a certain balance is not maintained or some mandatory interaction with the bank is not met. This is all to generate fees from even basic checking accounts, which are <a href="http://www.bankrate.com/financing/banking/why-checking-accounts-are-like-bananas/" target="_blank">hardly the loss leaders</a> that banks have complained about. Banks are constantly trying to figure out the maximum amount of hassle a customer is willing to tolerate versus paying for peace of mind, whether it's an "<a href="https://www.bankofamerica.com/deposits/manage/faq-overdraft-services.go" target="_blank">overdraft protection fee</a>", "<a href="https://www.suntrust.com/facts-about-banking/understanding-bank-fees/account-maintenance-other-fees" target="_blank">account maintenance fee</a>", or some other scheme.<br /><br />The alternative? Perhaps <a href="http://www.moneycrashers.com/why-credit-unions-are-better-than-banks/" target="_blank">credit unions</a>&nbsp;with <a href="http://www.freedomatm.com/Banks.aspx" target="_blank">an ATM network alliance</a>, since the only reason why I had a PNC account was because they had a lot of ATMs and branches with international experience. Or perhaps internet banks so you have a better choices on customer service, and at least you don't have to endure a teller's pettiness when you don't want to share your confidential information with them in a public space.</div>]]></content:encoded></item><item><title><![CDATA[Book Review:  A Starter Guide to Doing Business in the United States]]></title><link><![CDATA[https://www.chenesq.com/blog2133823458/book-review-a-starter-guide-to-doing-business-in-the-united-states]]></link><comments><![CDATA[https://www.chenesq.com/blog2133823458/book-review-a-starter-guide-to-doing-business-in-the-united-states#comments]]></comments><pubDate>Thu, 24 Aug 2017 19:50:23 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.chenesq.com/blog2133823458/book-review-a-starter-guide-to-doing-business-in-the-united-states</guid><description><![CDATA[Image courtesy PLI. A Starter Guide to Doing Business in the United States$49.00Edited by Woon-Wah Siu293 pagesLawyers have specialized libraries called law libraries, where you will find titles that are almost impossible to find elsewhere. One of these new books that I found especially useful at the Allegheny County Law Library is &ldquo;A Starter Guide to Doing Business in the United States&rdquo;. I have recommended this to two clients, who have similarly expressed their appreciation for this [...] ]]></description><content:encoded><![CDATA[<span class='imgPusher' style='float:left;height:0px'></span><span style='display: table;width:100%;position:relative;float:left;max-width:150px;;clear:left;margin-top:0px;*margin-top:0px'><a><img src="https://www.chenesq.com/uploads/2/2/5/3/22538758/345920951.png" style="margin-top: 5px; margin-bottom: 20px; margin-left: 0px; margin-right: 20px; border-width:0; max-width:100%" alt="Picture" class="galleryImageBorder wsite-image" /></a><span style="display: table-caption; caption-side: bottom; font-size: 90%; margin-top: -20px; margin-bottom: 20px; text-align: center;" class="wsite-caption">Image courtesy PLI.</span></span> <div class="paragraph" style="text-align:left;display:block;">A Starter Guide to Doing Business in the United States<br />$49.00<br />Edited by Woon-Wah Siu<br />293 pages<br /><br />Lawyers have specialized libraries called law libraries, where you will find titles that are almost impossible to find elsewhere. One of these new books that I found especially useful at the Allegheny County Law Library is &ldquo;A Starter Guide to Doing Business in the United States&rdquo;. I have recommended this to two clients, who have similarly expressed their appreciation for this book.<br /><br />A Starter Guide is one of those no-nonsense books that is clearly laid out and written by expert business attorneys from top firms who know what they're talking about. While nothing can replace good legal advice tailored towards the unique aspects of each client's business, clients (and lawyers who do not practice business law) are given a concise and well-written overview of almost all issues they are likely to face, or at least have questions about.<br /><br />The comprehensiveness of the book is evident from the topics listed in its table of chapters, which address entity selection, federal securities laws, mergers and acquisitions, immigration law, real estate, intellectual property, environmental liability, product liability, and much, much more.<br /><br />What I most appreciate about the book is its just-the-facts approach with a minimum of use of specialized legal terms and other information of secondary importance. It lacks substantive depth in exploring each topic (e.g. it gives an overview of virtually all the types of insurance a business may need to consider &ndash; property, worker's comp, general liability, excess/umbrella, business interruption, directors'/officers' liability, professional liability, pollution liability, health, and life insurance). However, such an overview in 293 condensed pages helps a client understand the framework through which an attorney considers their case, and prepares visits my clients for asking well-informed questions rather than waste time going over the very basics. For example, if a restaurant owner client comes in having already read this book, they will already know what types of insurance they will likely need, and why a landlord or a local governmental body might require them to carry such types of insurance.<br /><br />While this book is ostensibly written for foreign individuals and entities seeking to do business in the United States, I highly recommend this book for anyone who wants to start a business in the United States.</div> <hr style="width:100%;clear:both;visibility:hidden;"></hr>]]></content:encoded></item><item><title><![CDATA[Who Wants to be a Cop These Days?]]></title><link><![CDATA[https://www.chenesq.com/blog2133823458/who-wants-to-be-a-cop-these-days]]></link><comments><![CDATA[https://www.chenesq.com/blog2133823458/who-wants-to-be-a-cop-these-days#comments]]></comments><pubDate>Mon, 24 Jul 2017 02:58:48 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.chenesq.com/blog2133823458/who-wants-to-be-a-cop-these-days</guid><description><![CDATA[       This video is a powerful reflection of society today. I leave it to each viewer to form their own specific opinions.I can only say that being a police officer today is quite challenging. [...] ]]></description><content:encoded><![CDATA[<div class="wsite-youtube" style="margin-bottom:10px;margin-top:10px;"><div class="wsite-youtube-wrapper wsite-youtube-size-auto wsite-youtube-align-center"> <div class="wsite-youtube-container">  <iframe src="//www.youtube.com/embed/Jsl36OLCx0c?wmode=opaque" frameborder="0" allowfullscreen></iframe> </div> </div></div>  <div class="paragraph">This video is a powerful reflection of society today. I leave it to each viewer to form their own specific opinions.<br /><br />I can only say that being a police officer today is quite challenging.</div>]]></content:encoded></item><item><title><![CDATA[Sometimes, the Little Guy Wins]]></title><link><![CDATA[https://www.chenesq.com/blog2133823458/sometimes-the-little-guy-wins]]></link><comments><![CDATA[https://www.chenesq.com/blog2133823458/sometimes-the-little-guy-wins#comments]]></comments><pubDate>Fri, 19 May 2017 19:33:15 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.chenesq.com/blog2133823458/sometimes-the-little-guy-wins</guid><description><![CDATA[JOHN A. TAYLOR, PETITIONERv.MICHAEL P. HUERTA, AS ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATION, RESPONDENT      “I wanted to be able to fly my drone and I didn’t want to have to register. It pissed me off on a very sort of visceral level."  Image courtesy Sukie Kim.   John A. Taylor, Esq., decided he had enough of bureaucratic BS, and&nbsp;so he sued the Federal Aviation Administration. By himself. For no money, but only for the pure principle of the matter. It was not even for fame, and i [...] ]]></description><content:encoded><![CDATA[<div class="paragraph" style="text-align:center;">JOHN A. TAYLOR, PETITIONER<br />v.<br />MICHAEL P. HUERTA, AS ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATION, RESPONDENT<br /></div>  <div><div class="wsite-image wsite-image-border-none " style="padding-top:10px;padding-bottom:10px;margin-left:0px;margin-right:0px;text-align:center"> <a> <img src="https://www.chenesq.com/uploads/2/2/5/3/22538758/johntaylor2_orig.jpg" alt="Picture" style="width:auto;max-width:100%" /> </a> <div style="display:block;font-size:90%">&ldquo;I wanted to be able to fly my drone and I didn&rsquo;t want to have to register. It pissed me off on a very sort of visceral level."  Image courtesy Sukie Kim.</div> </div></div>  <div class="paragraph" style="text-align:left;">John A. Taylor, Esq., decided he had enough of bureaucratic BS, and&nbsp;<a href="https://technical.ly/dc/2017/02/13/john-taylor-sued-faa-drones/" target="_blank">so he sued the Federal Aviation Administration</a>. By himself. For no money, but only for the pure principle of the matter. It was not even for fame, and it was not even in his practice area (he practices insurance law).<br /><br />It was him against the man. Just take stock of the intimidating header of the case to begin with:<br /><br /><em>John A. Taylor</em>, pro se, argued the cause and filed the briefs for petitioner.<br /><br /><em>Abby C. Wright</em>, Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were <em>Benjamin C. Mizer</em>, Principal Deputy Assistant Attorney General at the time the brief was filed, <em>Michael S. Raab</em>, Attorney, and <em>Paul M. Geier</em>, Assistant General Counsel for Litigation, Federal Aviation Administration. <em>Richard H. Saltsman</em>, Attorney, Federal Aviation Administration, entered an appearance.<br /><br />But sometimes, no matter how many lawyers they have have on their side, sometimes, <a href="https://www.cadc.uscourts.gov/internet/opinions.nsf/FA6F27FFAA83E20585258125004FBC13/%24file/15-1495-1675918.pdf" target="_blank">justice does pervail</a>:</div>  <blockquote><span>"To begin, Taylor does not think that the FAA had the statutory authority to issue the Registration Rule and require 3 him to register. Taylor is right. In 2012, Congress passed and President Obama signed the FAA Modernization and Reform Act. Section 336(a) of that Act states that the FAA 'may not promulgate any rule or regulation regarding a model aircraft.' Pub. L. No. 112&ndash;95, &sect; 336(a), 126 Stat. 11, 77 (2012) (codified at 49 U.S.C. &sect; 40101 note). The FAA&rsquo;s 2015 Registration Rule, which applies to model aircraft, directly violates that clear statutory prohibition. We therefore grant Taylor&rsquo;s petition and vacate the Registration Rule to the extent it applies to model aircraft."</span></blockquote>  <div class="paragraph">Congrats, John!</div>]]></content:encoded></item></channel></rss>