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Bipolar Legislation: Abortion Rights Protected. Private Property Rights Denied?

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Hawaii State Legislature are cherry picking Civil Rights issues. NON-Judicial Foreclosure Bills to seize private property WITHOUT going to court are speeding through.

In 2022, Honolulu Mayor Rick Blangiardi requested the State Legislature for Non-Judicial Foreclosure (Power of Sale), based on civil fines. HB1434 would allow its Department of Planning and Permitting (DPP) to sell private property, WITHOUT going to court.

Counties would become the Police, Prosecutor, Jury, Judge, and Executioner. Property owners would be striped of basic constitutional civil rights and denied judicial due process. Fortunately, HB1434 died.

In 2023, Blangiardi requested the same Power of Sale in HB106 with its companion Bill SB216. This year, there are at least four (4) more clone bills with the same agenda.  

The following bills are sailing through, with little public awareness:

SB 875 Introduced by Senators Stanley Chang, Donovan Dela Cruz, and Sharon Moriwaki

HB 15 Introduced by Representative David Tarnas

HB 538 with similar features is introduced by House Representatives: Scot Z. Matayoshi, Della Au Belatti,  Troy Hashimoto, Daniel Holt,  Daris Kila, Lisa Kitigawa,  Rachelle Lamosao, Lisa Marten,   Scott Y. Nishimoto, Jenna Takenouchi, David Tarnas, Cory M. Chun  

Before we move on, let’s pause to put the US Constitution in this conversation about excessive Civil fines:

The late Justice Ruth Bader Ginsburg said it best in one of her last Opinions for the US Supreme Court in Timbs vs Indiana relating to excessive civil fines:

“This Court has held that the Fourteenth Amendment’s Due Process Clause incorporates the protections contained in the Bill of Rights, rendering them applicable to the States.”  

“ For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties. Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies, as the Stuarts’ critics learned several centuries ago.”

” Protection against excessive fines has been a constant shield throughout Anglo-American history for good reason: Such fines undermine other liberties. They can be used, e.g., to retaliate against or chill the speech of political enemies. They can also be employed, not in service of penal purposes, but as a source of revenue. The historical and logical case for concluding that the Fourteenth Amendment incorporates the Excessive Fines Clause is indeed overwhelming.”

“Even absent a political motive, fines may be employed “in a measure out of
accord with the penal goals of retribution and deterrence,” for “fines are a
source of revenue,”

” In short, the historical and logical case for concluding that the Fourteenth Amendment incorporates the Excessive Fines Clause is overwhelming. Protection against excessive punitive economic sanctions secured by the Clause is, to repeat, both “fundamental to our scheme of ordered liberty” and “deeply rooted in this Nation’s history and tradition.”

Who is responsible to inform the public about these Bills?

It’s common knowledge that residents cannot actively participate in these fast-paced proceedings held during working hours.

Generally those who bird-dog the sessions are from within the governmental bureaucracy, politicians, non-profit group personnel, trade industry, lobbyists, some independent groups and grassroots community advocates.

Google Searches show no County Mayors, Council members, or State Legislators apprising these monumental and far-reaching Power of Sale Bills in the public square.  

On one hand, recent indictments of two state legislators and county officials have brought increased calls for a more open and transparent and accountable government.

Thanks to Civil Beat and others, there is a concerted media exposure on the so-called “SUNSHINE BILLS” to promote more accountability this legislative session.

On the other hand, these five non-judicial foreclosure bills are the best-kept secrets in town. These bills significantly disenfranchise and undermine the basic civil rights of Hawaii’s private property owners.

Even the few legislators/aides that I talked with were initially unaware of these far-reaching bills.  

Who are shepherding these Power of Sale bills?

There were five (5) Honolulu City Council members and former DPP Director Dean Uchida supporting the two (2) non-judicial foreclosure bills last year. But it’s down to one Honolulu council member this year.

Further tracking of these five (5) Power of Sale bills reveals third-year City Council member Calvin Say and newly-appointed Honolulu DPP Director Dawn Takeuchi Apuna .

There is no participation from other counties although these bills will affect all of Hawaii.

What are the Justifications for these bills?  

The written testimonies from City Councilmember Calvin Say and DPP Director Dawn Takeuchi Apana reflect troublesome “Straw Man Argument” — creating hasty and broad generalizations of a few egregious private owners to justify the request for an over-reaching non-judicial Power of Sale.

City Council man Calvin Say:

“Our City Corporation Counsel is currently able to initiate a Judicial Foreclosure process, which has been successful in similar instances, however this is a long process that takes valuable resources away from other pressing legal matters.

SB 875 would allow the City to keep our neighborhoods safe by stopping illegal activities, health hazards, and other public nuisances on properties in a more efficient and expeditious manner. “

Calvin Say submits this written testimony template to all the committees during this fast-paced process. Sometimes he’s the only submission.

Recently-appointed DPP Director DawnTakeuchi Apuna further reinforces the justification that their existing powers that the city has to ” pursue a judicial foreclosure, which is a lengthy and costly process. This measure will provide the counties with a more viable, efficient, and effective method to collect liens on properties for civil fines.“

Apuna would later amend her testimony template (below) to assure that the city will not abuse this authority. These non-judicial foreclosures are abusing private property owners. Private property owners will be denied their judicial Due Process. Instead, the City will become the in house Police, Prosecutor, Jury, Judge and Executioner.” The constitutional access to the courts will be cut out.

In a nutshell, the Honolulu county is saying that its existing tools in its toolbox are too slow and too much work.

These county testimonies also do not disclose the city’s other tools to enforce “problem properties” including the police, Department of Health, and a long list of other bureaucratic resources to manage and implement municipal affairs and enforcement.

Is DPP always Right and the Public always wrong?

Could the Honolulu County be hoping for a new windfall and income revenues through fines? Like any issues, there are always two sides to a story no matter how thin the cheese is sliced.

What is behind the story of this 5,000 square feet residential lot in Kalihi Heights? It has accrued $15.8 million in civil fines for “overgrown weeds”.

The written testimonies do not disclose that while they want “more efficient and expeditious manner”, DPP is struggling with permit processing delays, mismanagement, corruption culture and so forth. It would be unjust to expect residents to cure their violations in a more efficient and expeditious manner when their permits to correct violations are cancelled, lost or delayed. It becomes a Catch-22 for the owners.

The Legislature assumes that DPP is always right and the Public is always wrong.

There is also no acknowledgement that the Department of Planning and Permitting (DPP) has systemic mismanagement and corruption challenges. Even its own workers are saying that DPP needs to be overhauled and “fixed”. Many are carrying overload capacity with minimum support. They feel they’re being politically weaponized.

Residents with violations have complained that they were not even aware of the fines that DPP imposed on their property. Some maintain that DPP imposed wrong violations on them. Some say they could never get their calls returned. An ailing owner said he called the city about their fines and the answer given to him was he could “quitclaim their property to the city” to solve his problem. One complained that a kupuna was told to remove their small handicap ramp in front of their small Hicks home but they knew of other big homes who were given a pass. Some complained about lost permits. These are just the small mom-and-pop complaints. Nothing is written about comments from the professional building and construction industry.

There is no compassion or understanding that most Hawaii property owners sacrificed much to acquire their property for themselves and their families.

When a property is seized, where is the owner going to find a replacement property? How is seizing private properties helping local residents?

Shouldn’t the county be helping owners get into compliance rather than seizing properties?

Is this process for these bills adequate for good decision-making?

As I have mentioned, the few legislators/aides I spoke with initially were not aware of these bills.

To be fair, who can blame the State Legislators?  3,132 Bills are introduced within a period of a month or so.

Which legislator can humanly and intelligently deliberate on each bill in such a short time?

With these civil rights bills, should monumental public policies be adopted based on superficial and unvetted written testimonies by one very energetic third-year councilman and a newly-appointed DPP Director?

Should legislators simply defer to the Committee Chairs?  

Should opposing views from the public have any standing in the decision-making?

Should significant bills usurping civil rights deserve at least more disclosure from the legislators and more public dialogue?

Note that City Council member Calvin Say template testimony remains the same at the various committee hearings.

Honolulu DPP Dawn Takeuchi Apuna’s written testimony was edited later to assure there will be no abuse. She misses the point that non-judicial power of sale is already abusing private property rights because the owners is denied Due Process from the judicial branch i.e. the courts. Giving the Counties the in-house role of Police, Prosecutor, Jury, Judge, and Executioner is already abusive.

Cut and Paste Committee Reports

Unfortunately, the various Committee Reports through the process will show great deference to City Council member Say and DPP Director Apuna. No one questioned them. These written testimonies are “cut and paste” onto their official records FOR ADOPTION.

Here is an example:

Here is the Committee Report form the Finance Committee:

The city wants to be the in house Police, Prosecutor, Jury, Judge, and Executioner. There in no “all proceedings are exhausted” when owners are denied judicial Due Process in court.

Here’s another cut and paste Committee Report based the written testimony from Council Say and DPP Director Apuna. Opposing testimonies are summarily dismissed.

This lawmaker is even more zealous against private property rights. Not only does he wants to cut off the judicial Due Process, he states that ” this measure would enable the property to be put to productive use “.

 

The Grassroot Institute of Hawaii’s written testimony plays right into the hand of the Senate Judicial Committee:

To add to the confusion, Grassroot Institute of Hawaii submitted concerns about possible abuse of power,  recent corruption scandals, bribery, favoritism and corruption are commonplace, equity of resources, especially amongst older individuals, the most vulnerable would be most affected, and so on.

Unfortunately, Grassroots Institute of Hawaii offered a pending case Tyler vs Hennepin County, Minnesota that relates to property tax debts. However, these Power of Sale bills are about seized property based on county civil fines. Property Tax is not a civil fine .

Furthermore, the Grassroot Institute of Hawaii further committed harakiri on its own when it contradicted its own opposition to non-judicial seizure of private property: 

” ; provided that the county sell the property at no less than the market value of similarly situated properties and that all revenues received from the sale that exceed the amount of the unpaid civil fines be refunded to the property owner.”

With supposed “freedom” fighters for liberty like this group, who needs enemies?

At issue is the non-constitutional of a private taking of a private property WITHOUT due process. The city becomes the Police, Prosecutor, Jury, Judge, and Executioner.

It’s not about the price or the balance of the forced power-of-sale.

Unfortunately, the State Senate Judiciary Committee Chair quickly adopted this language from the Grassroots Institute of Hawaii’s written testimony. Again, other opposing written testimonies were summarily dismissed. The language is highlighted in green for quick reading.

Unfortunately, Grassroots Institute of Hawaii provided a wrong pending case. Tyler vs Hennepin County, Minnesota that relates to property tax debts. These bills are about seizing property based on county civil fines through non-judicial Due Process.

Here is another Cut and Paste Committee Report.

Below is language from the Grassroots Institute of Hawaii’s written testimony that was quickly adopted by the Senate Judicial Committee. The language is highlighted in green for quick reading. Again, other Opposition testimonies that did not fit the Legislators agenda were summarily dismissed.

Thanks in part to the illogical rationale of the Grassroots Institute of Hawaii, SB 875, S.D.1 seems good to go!

What’s next?

Kill Bill 875, HB 15, HB 538.

A relatively few property owners can be loathsome and egregious. But there is never a good reason to burn down the Cathedral of Civil Rights to fry a few bad eggs.

—Pau

 

Who’s behind these non-judicial Power of Sale bills?

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UPDATE: SB 875 & HB 15 are speeding on. ( HB 538 is quite similar.)

Keep in mind the counties already have “Judicial Foreclosure” and “Eminent Domain” powers in place. But the justification is that these processes take too long.

In other words, these bills will allow the counties to be the Police, Prosecutor, Jury, Judge, and Executioner. The Judicial Due Process will be cut off.

We’re asked who started these non-judicial foreclosure bills to forced sale of a private property, based on the Honolulu Department of Planning and Permitting (DPP) fines, without going to court.

Here are some quick answers:

It originated in 2022 as HB 1434 with Honolulu Mayor Rick Blangiardi. Keep it mind that this Power of Sale requests applied to ALL Counties in Hawaii. Based on my observations of him, it’s unlikely that this non-judicial Power of Sale idea originated from Blangiardi unless he’s hoping for a new stream of revenues from fines and sale of properties.

If I have to take a guess, it would be his Managing Director Mike Formby, formerly with the Pacific Resource Partnership (PRP) or former Department of Planning and Permitting (DPP) Director Dean Uchida.

Five (5) City Council members, known as the Gang of 5, also submitted testimony – Chair Tommy Waters, Esther Kia’iana, Brandon Elefante, Calvin Say, and Radiant Cordera.

What were the underlying motives?

Fortunately, Bill 1434 failed to pass last year.

I was in the same Mayoral campaign with Rick Blangiardi in 2020. Based on my observations and
his words, he had very shallow understanding about Honolulu City Hall workings.

This year 2023, Mayor Blangiardi is back with HB 106 and SB 216 by request to Senate President Ron Kouchi and House Speaker Scott Saiki.

However, presto! The tactics have changed a bit this year. There are five (5) clone bills with the same agenda speeding through.

Google Searches show no county mayors, state legislators or city council members appear to have warned Hawaii about this draconian assault on private properties.

Here are the rest of the three (3) bills.

SB875 is introduced by Senators Stanley Chang, Donovan Dela Cruz and Sharon Moriwaki. This bill is alive and has crossed over on March 7, 2023.

This time around, written testimonies come from only Honolulu City Council former Budget Chair Calvin Say and DPP Director Dawn Takeuchi Apuna.

Companion Bill HB498 is introduced by Representative Jackson Sayama.

HB 15 is introduced by Representative David Tarnas (D) It has no senate companion bill but it has crossed over on March 7, 2023.

HB538 is another similar one that includes judicial or non-judicial foreclosure. It is introduced by MATAYOSHI, BELATTI, HASHIMOTO, HOLT, KILA, KITAGAWA, LAMOSAO, MARTEN, NISHIMOTO, TAKENOUCHI, TARNAS, Chun.

The time line provided in this bill is too unrealistic. It assumes that DPP is 100% efficient. In actual fact, it takes a very long time to get a permit. Some permits take a much longer time because it may need a shoreline certified shoreline. This could easily take six months to complete.

Hawaii State Legislature quietly overturning basic civil rights

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UPDATE: SB875 & HB15 are speeding through at the State Capitol. Caveat: There may be more clone bills of this same agenda. I can’t keep up.

It’s a zoo at the State Capitol. Bills are flying off the tables. I don’t see how these 3,123 bills can be carefully vetted and thoroughly deliberated in such a short time.

There are at least five (5) clone bills allowing Hawaii counties to have non-judicial Power of Sale of private properties, based on county civil fines, WITHOUT going to court. This means no checks and balances in our Democracy.

These proposed actions violate many constitutional liberties. Due Process, that includes having your day in court, is fundamental to basic Civil Rights. Even prisoners on death-row have more judicial Due Process than these bills.

Even if we emotionally hate some egregious property owners, we cannot tear down the Cathedral of civil rights to fry a few bad eggs. There are other enforcement options for the counties already in place.

None of the legislators I’ve talked with knew about these far-reaching proposed Power of Sale bills.

Below are the CLONE BILLS that give all Hawaii counties non-judicial power of sale. Honolulu County reiterates that it already has “Judicial Foreclosure” and “Eminent Domain” powers but these processes take too long:

SB875 Introduced by Senators Stanley Chang, Donovan Dela Cruz & Sharon Moriwaki.

HB15 Introduced by Representative David Tarnas

HB106 Introduced by HOUSE SPEAKER SCOTT SAIKI (Introduced by request of another party – Honolulu Mayor Rick Blangiardi.)

SB216 SENATE PRESIDENT RONALD KOUCHI (Introduced by request of another party – Honolulu Mayor Rick Blangiardi.)

HB498 Introduced by Representative Jackson Sayama.

Give Voice Now!

Email: sens@capitol.hawaii.gov, reps@capitol.hawaii.gov,

OPPOSE SB875, HB15, HB106, SB216, HB498. Don’t overturn our basic civil rights. Allowing Hawaii counties to have non-judicial Power of Sale, based on county civil fines, WITHOUT going to court violates Due Process, There will be no checks and balances in our Democracy.

Call them now:

Senate: https://www.capitol.hawaii.gov/legislature/legislators.aspx?chamber=S

House: https://www.capitol.hawaii.gov/legislature/legislators.aspx?chamber=H

Bill 106 threatens private property owners

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This is a reprint from the Star Advertiser published February 15, 2023. The limit for Star Advertiser was 600 words. For educational purposes, we’re adding more info through links and photos.

EDITORIAL | ISLAND VOICES

Column: Bill threatens private property owners

  • By Choon James and Natalie Iwasa
  • Today 
  • Updated 7:19 pm

As part of the 2022 county package to state legislators, Honolulu Mayor Rick Blangiardi requested “nonjudicial foreclosure” powers, i.e., the power to seize private property without going to court. Fortunately, House Bill 1434 did not pass last year.

This year’s package includes another request for “nonjudicial foreclosure,” aka “power of sale.” 2023 HB 106 BELOW represents an alarming threat to property owners and is prevalent in totalitarian regimes.

This year’s HB 106 offers weak assurance that “a county may, after all notices, orders, and appeal proceedings are exhausted, satisfy all unpaid civil fines through the power of sale on the real property subject to a recorded lien.”

Unfortunately, our years of civic participation at Honolulu Hale show that due process has not always been fair and equitable to ordinary residents.

Furthermore, recent federal indictments and guilty pleas continue to show the troubled Honolulu Department of Planning and Permitting (DPP) has no consistent record of fair play or efficient management. Written testimonies reveal alarming threats toward private property rights.

Dawn Takeuchi Apana, DPP director designate, stated: “Specifically, this bill would authorize the city to bring closure to pending civil fines imposed on landowners who are in violation of the city’s land use ordinances and building codes, through a nonjudicial or administrative process.”

Honolulu City Councilman Calvin Say also submitted testimony for a quicker seizure: “Our city corporation counsel is currently able to initiate a Judicial Foreclosure process, which has been successful in similar instances, however this is a long process that takes valuable resources away from other pressing legal matters.”

In other words, give us the authorization to hurry it up by bypassing the regular court method of foreclosure.

The House Committee on Judiciary & Hawaiian Affairs, whose members include Chairman David Tarnas and Vice Chair Gregg Takayama, approved HB 106 on Jan. 31. Its report states in part:

“Your committee finds that authorizing the counties to collect on liens filed on properties through a nonjudicial foreclosure process provides some leverage over property owners to comply or lose their property. If a property owner fails to comply and the property is foreclosed upon, this measure would enable the property to be put to productive use, allow liens attached to the property to be satisfied, and stop the accrual of additional debt or taxes on the property.”

Chairman David Tarnas and Vice Chair Gregg Takayama, approved HB 106 on Jan. 31. 2023

Hawaii’s state legislators should recognize that most ordinary residents sacrifice and work their tails off to achieve real property ownership. Each county’s goal should be to help property owners comply with the law and correct their violations, not summarily seize their properties.

HB 106 invites corruption and exposes residents, especially those who have fewer financial resources available to them, as easy casualties of this potential power of sale. All Hawaii counties would be affected.

It should be noted the U.S. Supreme Court ruled unanimously on Feb. 20, 2019 (Timbs vs Indiana), that the Constitution’s ban on excessive fines — civil asset forfeitures are a type of fine — applies to state and local governments, thus limiting their ability to use fines to raise revenue.

The late Justice Ruth Bader Ginsburg also astutely argued fines could be used to retaliate against political enemies and had been used as a source to raise revenue.

RBG was a tireless and resolute champion of justice.

Hawaii has a few egregious property owners, but this tyrannical bill is not the solution. We urge our legislators to vote “no” on HB 106.

###

AUTHORS: Natalie Iwasa is a CPA and certified fraud examiner; Choon James is a residential Realtor and farmer. They have spent combined decades of civic participation at Honolulu Hale as community advocates for good governance.

REJECT HB 106: Authorizes a county to proceed with a power of sale on real property subject to city fines.

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The City and County of Honolulu is asking to have POWER of SALE on Oahu’s property owners based on DPP liens. Bill 106 will affect ALL Counties.

JHA 1/31/23 2:00 PM Tuesday
325 VIA VIDEOCONFERENCE

BILL 106 and companion SB 216 may sound harmless in an ideal world with perfect fairness and equity and justice for all.

But in real life, these bills are too over-reaching and will further marginalize Private Property Rights. 

Bill 106 slams Due Process for ordinary citizens. There are systemic failures of discrimination, inequity, and entrenched bureaucracy at Honolulu Hale. This Power of Sale will expose every property owner to the possible whim of politicians, government officials and its powerful political machine. 

Although there is supposedly a fair “process” in place, our decades of participating at Honolulu Hale and the records have shown otherwise. Repeatedly we have witnessed that this same “process” has been unfair and inequitable to ordinary citizens. No matter how thin the cheese is sliced, there are always two sides to it. But the government almost always wins because it has the upper-hand, resources and a legal corporate team to ignore or fight ordinary citizens.

Most ordinary citizens are not born with a silver spoon in their mouth. They work their tails off to achieve real property ownership. The County’s role ought to be helping property owners correct their violations and be in compliance; not be too eager to seize private properties through fines. 

Unfortunately, the Honolulu Department of Planning and Permitting (DPP) does not have a consistent and good record. This is no way to live in a Democracy where Big Brother and its long arm of government continues to become more powerful and subvert Due Process due its citizen.

This POWER of SALE is NOT about a mortgage company foreclosing based on non-payments of a borrower. This is about the government seizing properties, based on DPP fines.

There is an alleged reason or justification that this Power of Sale is needed to enforce “monster homes” or “illegal vacation rentals”.

The isolated problems with monster homes and illegal vacation rentals are not compelling enough to provide counties with this unfettered powers. DPP needs to examine why monster homes are approved for permits in the first place. There was a time when a property owner could only build up to 50% of its land area. Incrementally, the city has approved regulations and ordinances that allow increased density in its land-use legislation.

As a matter of public policy making and with a bigger picture, providing all counties with this Power of Sale for the above alleged reason is akin to tearing down a Cathedral to fry an egg.

Ordinary citizens cannot afford expensive legal representation to make sure their side of the story is heard and fairly considered in the legislative decision-making.

Affluent and well-connected citizens have the means to circumvent DPP. Ordinary citizens will become the casualties of this powerful and overreaching legislation.

This Power of Sale (aka Non-judicial Foreclosure) is overreaching and tyrannical. This Power of Sale authority makes every property owner a sitting duck at the whim of the city.

Basing a POWER of SALE ( aka NON-Judicial Foreclosure) through DPP fines and recorded liens is the worst possible exposure for more corruption and possible political retaliation.  

The City and County of Honolulu requested this same power aka “non-judicial foreclosure” in 2022. 

Please read the 2022 written testimonies that provide a very brief summary of this issue. This far-reaching governmental power will affect all Counties but it was one of the best-kept secrets in 2022. It is the same in 2023.

Please protect Due Process and protect private property rights. As if Eminent Domain is insufficient for the government, the Honolulu County is again asking for a quick Power of Sale aka non-judicial foreclosure.

This governmental power is too much to bear in a democratic society. Private Property Rights must be revered as one of Democracy’s foundational pillars. The counties have other options.

Extraordinary 2022 protests in China

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It’s not too often that Chinese citizens are made so angry to the point of staging public protests. There is a lot of private chit chat. But people appear to be so programed or fearful to go against the huge and powerful political machine that can literally make one disappear without a trace.

I was in Tiananmen Square in 2007 when my husband was participating in an academic Conference. The image of the lone student standing in front of the military tank was imprinted in my consciousness.

Where I was at this 109 acres “public” square, you could see tourists and hawkers selling kites, souvenirs, including the upcoming 2008 Beijing Olympics Game. There were also a few troops of soldiers marching in formation.

I saw a woman far away across the Square who quickly held up a small sign. It was too small to see but I could see how quickly a marching troop reached her. Her sign was taken and she was taken away.

I wanted to go over and check it out but my husband said if I went, I would probably end up in jail too. He was probably correct.

Currently, the ongoing protests in China is probably as bothersome to the authorities as the Tiananmen Square. Covid lockdowns have brought crushing problems for many Chinese nationals. The lockdowns are harsh and inhumane, especially for ordinary citizens who have to work to survive. Friends in China have also reported that college students are quarantined for months in their dormitories. Sanitation facilities including showering are regulated. There had been suicides as the living conditions were unbearable to some.

Excerpts from The New York Times:


By Li Yuan

“We want food, not Covid tests, We want reform, not Cultural Revolution. We want freedom, not lockdowns. We want votes, not a ruler. We want dignity, not lies. We are citizens, not slaves.” In Shanghai, some even shouted the banners’ most radical demand: “Remove the despotic traitor Xi Jinping!”

Submerged mosque in Phulwaria Dam resurfaced for a short while due to drought

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This is a poignant read of a little peaceful and quiet village of Chiraila, Bihar, India that was displaced to build a dam about 30 years ago. Its mosque Noori Masjid resurfaced this year.

Excerpts from https://www.aljazeera.com

Rifat Fareed wrote this fascinating report on so many levels. But I find these excerpts most poignant:

‘No one would go hungry’

Chiraila was a quiet village where Muslims and Hindus lived side by side. Some villagers owned land while others made a living by farming it, cultivating mostly maize and rice paddy, recalled Hussain. Chiraila was surrounded by low mountains and at the stream nearby, people would fetch water and perform ablution before prayers.

“People were able to earn and eat, as well. That was the speciality of the village. No one would go hungry. People did not care about your religion,” said Hanief, referring to the interfaith tension seen in parts of India in recent years.

Chiraila consisted mostly of mud huts with thatched roofs but the small mosque at the centre of the village stood apart with its plastered surface, which was cool in the summer, cemented courtyard and arched gates.

Former Chiraila residents believed the structure to be more than 100 years old.

“The mosque was there when I was born. It was there even when my father was born,” said Hanief, who has a soft voice and a flowing white beard.

“The masons who designed it knew the work of ‘surkhi chuna’ [made from burned ground bricks mixed with lime mortar to use in construction] to make them [structures] resilient, and last long. It was hard work and required special skill,” said Hussain, who works as a daily wage labourer including on building sites.“

Theranos Scammer Elizabeth Holmes sentenced to 11.25 years

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This high profile case represents the best and the worst in corporate America. The integrity and courage of whistle blower heroes Tyler Schultz and Erika Cheung are inspirational and remarkable. These two young whistle-blowers were challenged, intimidated, threatened, and endangered by the powerful villains but they did not cave in.

On the other hand, the start-up Silicon Valley scam of Elizabeth Holmes and her associates are ruthless and unconscionable.

I didn’t follow this case closely but the fact that Holmes was found NOT GUILTY of defrauding patients is despicable. I thought that was her worst crime – her faulty testing could cause havoc in a patient’s life. Instead, Holmes crime was related to defrauding her rich investors.

Excerpt from The Straits Times:

“ SAN JOSE – A California judge sentenced Theranos founder Elizabeth Holmes to 11 years and three months in prison for defrauding investors in her now-defunct blood testing startup that was once valued at US$9 billion (S$12.38 billion).

US District Judge Edward Davila in San Jose, Calif., sentenced Holmes on three counts of investor fraud and one count of conspiracy. A jury convicted Holmes, 38, in January following a trial that spanned three months.

The judge set Holmes’ surrender date for April. Her lawyers are expected to ask the judge to allow her to remain free on bail during her appeal.

Assistant US Attorney Jeff Schenk told the judge before he handed down the sentence that a 15-year sentence would be “making a statement that the ends don’t justify the means.”

But Holmes’ attorney Kevin Downey urged leniency for Holmes at the hearing, saying that unlike someone who committed a “great crime” she was not motivated by greed.

Holmes had asked in court papers for a more lenient sentence of 18 months of home confinement, followed by community service, urging the judge not to make her a “martyr to public passion.”

UPDATE: December 7, 2022

From NPR:

” A federal judge in California sentenced former Theranos executive Ramesh “Sunny” Balwani to nearly 13 years in prison for his role in a multimillion-dollar fraud involving Theranos and its now-disgraced CEO, Elizabeth Holmes, who received an 11-year sentence in a separate trial.

In July, a jury found Balwani guilty on all 12 felony counts of defrauding Theranos investors and the patients that used the company’s unreliable blood tests.

U.S. District Judge Edward Davila’s sentence for Balwani is less than federal prosecutors’ demand for at least 15 years in prison, but far more than Balwani’s attorney’s request for a few months in prison, sentencing memos sent to the court last month show.

In comparison, Holmes was convicted of four wire-fraud related counts and sentenced to a little over 11 years in prison last month.

His attorneys said in court Wednesday, as well as in court documents, that Balwani should be judged differently from Holmes. Balwani invested nearly $5 million of his own money into Theranos and lost it all.”