Jumat, 06 Juli 2012

District of Columbia scandals cast shadow on autonomy

District of Columbia scandals cast shadow on autonomy

WASHINGTON â€" A parade of District of Columbia politicians and operatives keeps passing through the doors of the federal courthouse, pleading guilty to felonies.

They leave behind the corpses of their careers, and the local leadership of the nation's capital in disarray.

In early June, Kwame Brown, chairman of the D.C. Council, pleaded guilty to fraudulently obtaining a $55,000 boat loan and to a misdemeanor campaign finance charge. He became the second councilman to resign after facing felony charges: In January, Councilman Harry Thomas pleaded guilty to stealing $350,000 intended for youth programs.

Brown's resignation came just weeks after the departure of two staffers who had worked on Mayor Vincent Gray's 2010 campaign, stemming from a federal investigation into an allegation that a minor candidate had been supplied with illegal cash to attack Gray's major opponent, Adrian Fenty. And federal prosecutors are also looking into a series of possibly illegal campaign donations to Gray and other council members.

The real question now is whether the investigation will engulf the mayor, inevitably resurrecting the specter of Marion Barry, the former mayor who went to jail on drug charges. And old questions now have new life about whether the city that would be a state is capable of self-governance.

A Republican congressional aide, who has been following the scandals closely, said they had made it hard to sell autonomy to already skeptical Congress members.

"There was a sense earlier this year that there was real mom entum behind [autonomy], and these law enforcement actions took away a lot of the momentum," he said. The aide asked for anonymity in order to discuss party strategy.

As if to emphasize how bad things have gotten, Barry, now a City Council member, said the crisis was the worst since Congress devolved power to the city in 1973.

"I can't think of anything except9/11that's been more horrific," he said in a subsequent statement.

Tom Sherwood, a veteran reporter who wrote "Dream City: Race, Power, and the Decline of Washington, D.C.," said that "with all due respect," he disagreed with the former mayor.

In 1990, Barry was videotaped smoking crack cocaine in a hotel room, and five years later he brought Washington to the brink of bankruptcy, leading to a partial federal takeover of Washington's budget.

But Sherwood acknowledged, "The bad news is we do not know if our mayor is a criminal."

Last year, Sulaimon Brown, the candidate who allegedly re ceived payoffs from the Gray campaign, testified to a council committee that Gray personally promised him a job on the city payroll if he continued to take shots at Fenty. After the election, Brown was hired to a $110,000-a-year post in a city office.

Gray has said he told Brown he would arrange a job interview, but denies any knowledge of payments to Brown's campaign.

"We recognize the need to regain the public's trust in the present climate," said Doxie McCoy, a spokeswoman for the mayor, "and of course we have been taking allegations seriously while continuing to do the work of the government and making progress on many fronts related to the mayor's priorities."

Gray last week sent Washington Atty. Gen. Irvin Nathan to a council committee to outline campaign finance law reforms.

Meanwhile, some Republicans in Congress are pushing to use Washington as a laboratory to try out favored policies â€" such as looser gun laws and limits on abortion. A Sena te bill to give the District of Columbia more control over its budget was withdrawn last week after Sen. Rand Paul (R-Ky.) introduced a series of amendments advancing those policies.

Despite the scandals and high-level political fights, the city's boosters are keen to point out that the economy is growing and crime is down.

Anwar Saleem, a salon owner, landlord and community leader in one still edgy but definitely booming neighborhood, was blunt.

If Washington is doing this well with scandals, he said, "maybe some other states should have some scandals."

ian.duncan@latimes.com

Citizen sues over imprisonment under fingerprint-sharing program

Citizen sues over imprisonment under fingerprint-sharing program

WASHINGTON â€" A computer specialist is suing the FBI and the Department of Homeland Security after a controversial fingerprint-sharing program incorrectly identified him as an illegal immigrant and authorities ordered him detained in a maximum-security prison.

The lawsuit is the first legal challenge by a U.S. citizen to the Secure Communities program, which the Obama administration has expanded nationwide over the objections of immigration advocacy groups and Democratic governors in Illinois, New York and Massachusetts.

Under the program, fingerprints obtained when local authorities arrest a suspect are automatically checked against immigration databases as well as FBI criminal databases. U.S. immigration agents are notified if the results indicate an immigration violation.

When James Makowski, a Chicago-area resident who repairs computer networks for companies, pleaded guilty in December 2010 to a felony charge of selling heroin, he was sentenced to four months at a "boot camp" drug treatment program, according to DuPage County, Ill., court records.

But when the fingerprint search flagged Makowski as an illegal immigrant, he was held for two months in the maximum-security prison in Pontiac, Ill., before immigration officials acknowledged the error and canceled the detention order. He later completed the four-month drug rehabilitation program and was released.

"Everybody makes mistakes. I've made mine," Makowski, 24, said in a telephone interview Thursday. "But if the government can detain a U.S. citizen without justification, that's pretty outrageous. There have to be safeguards in place."

Makowski was born in India and adopted by an American family in New Jersey when he was 4 months old. The family later moved to Illinois. Makowski became a naturalized U.S. citizen at age 1, but the government did not update his immigration records, according to his lawyer, Mark Fleming.

Makowski's suit, which was filed Tuesday in U.S. District Court of Northern Illinois, argues that the FBI and Department of Homeland Security violated the Privacy Act of 1974, which restricts what information may be passed between government agencies, every time they share fingerprints from people who are not suspected of an immigration violation.

"The FBI and DHS are consistently and systematically violating the Privacy Act," said Fleming, a lawyer for the National Immigrant Justice Center, a nonprofit advocacy group in Chicago. "The FBI should not be sharing this data if they have indications that this individual is a U.S. citizen."

The lawsuit seeks to hold the government liable for unspecified damages for "loss of liberty" for two months, lost wages, emotional dist ress and attorney's fees.

Government lawyers are evaluating the lawsuit, said Brian P. Hale, a spokesman forU.S. Immigration and Customs Enforcement, known as ICE. "However, we do not comment on pending litigation," he added.

In December, ICE created a 24-hour hotline that detainees can call if they are victims of a crime, or if they are U.S. citizens and have been wrongfully detained. ICE officials said that the agency did not track how many U.S. citizens had been inadvertently held in immigration detention.

Secure Communities was started by PresidentGeorge W. Bushin 2008, and the FBI has sent more than 16 million fingerprints to the immigration database since then. More than 900,000 were flagged as potential immigration violators, records show.

The other 15 million sets of fingerprints likely belonged to U.S. citizens, the lawsuit alleges, and their transmission violates the Privacy Act.

The fingerprint-sharing program is active in 97% of stat e and local law enforcement jurisdictions around the country, and the rest will be covered by the end of this year.

In Illinois, where some local police departments have voiced concerns that giving fingerprints to immigration officials may make witnesses less likely to cooperate with police, only 26 of the state's 102 jurisdictions are involved.

The Obama administration argues that Secure Communities has allowed ICE to focus on finding and deporting illegal immigrants who have criminal records and who pose a threat to public safety.

They say the program was partly responsible for nearly doubling the number of deportations of convicted criminals and repeat immigration violators, from 114,415 people in 2008 to 216,698 in 2011.

"I've been here my whole life," Makowski said. "I was raised like an upper-middle-class American. But I didn't feel American when I had that detainer put on me."

brian.bennett@latimes.com

Letters: Healthcare and Congress' powers

Letters: Healthcare and Congress' powers

Re "The limits on liberty," Editorial, July 4

This could be clearer. The individual mandate is a mandate to get insurance, with some people exempted. If one does not, a penalty applies, with some exempted; but the penalty is the only consequence imposed for not having insurance.

The Supreme Court did not label the individual mandate itself as being a tax. It upheld a use of the power to tax as a way to impose the penalty. Tax law has many provisions to spur or deter conduct. The court found that the penalty is of that nature: It discourages forgoing insurance.

The penalty itself does not even apply to anybody having insurance. It will likely affect only a tiny percentage of people, as it succeeds in spurring what the individual mandate actually does mean: Get health insurance.

John C. Nangle

Palm Springs

The Times writes that the Supreme Court "placed new limits on Congress' power." That's strange. Everything I've read explains that the court's decision on "Obamacare" actually expands Congress' powers. All it has to do is add a tax to mandate just about anything.

So the only way left to protect ourselves is to just vote them out next fall.

Dick Ettington

Palos Verdes Peninsula

ALSO:

Letters: Stealing history in the Sierra

Letters: What we can do about climate change

Letters: Parking fines and L.A.'s failure of leadership


Review: Oliver Stone overdoes the brutality in 'Savages'

Review: Oliver Stone overdoes the brutality in 'Savages'

"It's that kind of a story where things got so out of control," says O, the narrator of"Savages."She's talking about the plot, but she might be talking about the filmmaking as well.

Adapted from the bestselling Don Winslow novel, "Savages" has a lot going for it, including a pip of a story, a propulsive narrative drive and the über-cool blacker-than-night attitude and language of author Winslow, who told one interviewer, "I don't know that I'd want to visit my brain except with a gun and a flashlight."

Initially, Oliver Stone is an asset as well (besides directing, he has co-written the screenplay with Shane Salerno and Winslow). As a filmmaker, he's often shown an affinity for ruthless people acting ruthlessly, and there's a pulp side to his directing personality that meshes well with this self-consciously amoral story of a drug-dealing ménage à trois facing off against a rapacious Mexican cartel. Leave the kids at home for this one. Please.

PHOTOS: 'Savages' premieres in L.A.

But Stone is also a director who has often felt that anything worth doing is worth overdoing, and his weakness for bloody excesses of all sorts undermines much of his good work. You might not think that a motion picture called "Savages" could be too violent, too savage, but you would be wrong.

Some of that material, of course, comes right from the book, like the opening sequence of a homemade video put together by the Baja Cartel, a group that makes up for in violence what it lacks in cinematic sophistication. The video shows what happens when the cartel's decapitation squad has finished "going all Henry VIII" on some unfortunate rivals.

That scene is intended for best friends Ben (Aaron Johnson) and Chon (Taylor Kitsch), buddies since high school and Laguna Beach-based partners in a multimillion-dollar business that grows some of the best, most potent marijuana in the world â€" weed that sells for $6,000 a pound to people who consider themselves lucky to get it.

Filling us in on the details with lots of verbal style ("Laguna is where God parked himself on the seventh day") is O, short for Ophelia. Played by Blake Lively, O lets us know that Ben is a mellow botanist who is into renewable energy while Chon is a former Navy SEAL with a hair-trigger temper who came back from combat "with a lot of cash but no soul."

O also tells all about Ben and Chon's sexual lives, something she knows a great deal about because she shares a bed with both of them. "Together they make one complete man," she enthuses. "They have one thing in common: me."

Though no one's going to be winning any acting awards here, Kitsch ("Battleship"), Johnson (John Lennon  in "Nowhere Boy") and Lively ("Gossip Girl," "The Town") make this threesome as convincing as it's going to be. The film's starry-eyed idealization of the relationship has to be at least borderline believable in order for the essential contrast with the cartel's cutthroat cynicism to be effective.

Impressed by the potency of Ben and Chon's weed, the Baja Cartel intends to swallow their business whole. "They are Wal-Mart," someone tells the boys, "and they want you for a specialty aisle."

Ben and Chon reject the cartel's offer, and the drug lords retaliate by kidnapping O, the only thing in the world that means anything to our heroes. The cartel refuses to let her go unless some very onerous demands are met. Do BC have what it takes to confront these scary and dangerous people, and, if they do, what will going to war take out of them?

Much of the juiciest acting in "Savages" comes from performers playing the story's more morally compromised characters. Salma Hayek does her best Wicked Witch of the West imitation as La Reina Elena, head of the Baja Cartel, and Benicio Del Toro all but oozes evil as Lado, her enforcer. Best of all is John Travolta, who gets it just right as Dennis, a genially corrupt Drug Enforcement Administration agent.

Though it could be argued that the violence and torture these people bring with them is essential to this kind of story, there is a key difference between how the novel and the film treat the material.  In the book, Winslow's style is so hip that the violence, though quite explicit, is coolly held at arm's length. Nothing is allowed to disturb the fabric of the writing.

Stone, on the other hand, has a counterproductive tendency to get infatuated with violent extremes for their own sake. His weakness for what the Motion Picture Assn. of America calls "strong, brutal and grisly violence" overpowers everything else: at those overdone moments, the tension in the scenario dissipates and you fall out of the movie.

The story of  "Savages" is too strong to destroy, even with key elements of the novel's plot tampered with. But the hurt can be put on this material, and that's what has happened here.

PHOTOS: 'Savages' premieres in L.A.

----------------------------------

'Savages'

MPAA rating: R, for strong, brutal and grisly violence, some graphic sexuality, nudity, drug use and language throughout

Running time: 2 hours, 7 minutes

Playing: In general release

Campaign for L.A.'s homeless reaches out to younger activists

Campaign for L.A.'s homeless reaches out to younger activists

We see a video on the Internet and it makes us melt or fume or cry. Sometimes, we respond en masse and change lives overnight.

Thanks to one video campaign, a 9-year-old boy who made a cardboard arcade in East L.A. has received more than enough money to one day go to college.

Thanks to another, a 68-year-old school bus monitor verbally bullied by a pack of middle schoolers probably now can afford to get off the bus for good.

We see things on the screen and we act, in part because it's so easy. At our keyboards, on our cellphones, we can with a handful of clicks beam out help.

What's right in front of us is different. Sometimes we don't see. Sometimes we choose not to see. Sometimes we see but have no idea what to do.

Take the homeless people many of us pass daily on city sidewalks and freeway ramps.

Make eye contact or not? Give money or not? Is passing cash out the car window enabling?

A lot of us mull these questions and, failing to resolve them, do nothing.

The nonprofit Weingart Center on skid row wants that to change. It needs private donations to help pay for its programs to move the homeless toward self-sufficiency by tra ining them for work, providing them counseling and finding them jobs and housing. Public money often requires private matching funds, and it doesn't cover some of the center's efforts.

But private donations outside of foundations are hard to come by, said Kevin Murray, the center's chief executive.

"It's hard to sell homelessness. It's not sexy," Murray said. "It's not the big dinner where the big star shows up."

Generally, individual private donors are older and wealthy and write big checks.

"Clearly, we're not getting money from young folks," Murray said.

So his organization has decided to reach out to a younger audience on its own terms, with a campaign designed to be linked to and tweeted and clicked on and Facebook-liked â€" and to educate them on the breadth of homelessness in Los Angeles.

The campaign is centered on the pro bono work of David Goliath, an El Segundo-based creative agency, which does commercial campaigns for Ki a Motors, Universal Studios and the California Lottery. It asks people to donate $10 by text message.

Last November, DG, with the help of Grandesign Media Services, filmed two different projects in downtown Los Angeles.

Both featured volunteers who once were homeless. Both used street art that made passersby stop in their tracks. Both spoke of the more than 50,000 people living on the L.A. County streets.

One had a grim message, one a more hopeful one.

In front of City Hall and Walt Disney Concert Hall and other spots around downtown, open cardboard coffins were lined up. Some were placed vertically, with volunteers standing inside them. Some were placed horizontally, with volunteers lying down. Next to the coffins, a cardboard sign read: "Every day in L.A., one person who sleeps on the street dies there," and directed people to the Weingart Center's website.

Violent Fourth of July leaves 3 dead in South L.A.

Violent Fourth of July leaves 3 dead in South L.A.

For more than 40 years, the extended Williams, Russell, Dill and Cherry families have celebrated the Fourth of July with firecrackers on 97th Street in South Los Angeles.

They barbecue all day outside the beige duplexes near Normandie Avenue that have been the family gathering spot for decades. At night, the kids light fireworks in the street.

For years, this tradition went off peacefully, family members said. But on Wednesday night, shortly after 10 p.m., as the celebration was in full swing, two men approached the crowd and fired.

The gunshots sent men playing dominoes diving for cover. The bullets hit and killed 14-year-old Unique Russell. A cousin, 12, was also wounded, as was a 21-year-old man.

Unique's death was part of a violent Fourth of July in South L.A., with police responding to eight other shootings â€" including two more homicides â€" during a six-hour period overnight.

"July is typically one of our busiest times of the year. We put many more officers out on the streets to deal with the added number of people on the streets watching fireworks or partying," said Los Angeles police Cmdr. Andrew Smith. "But we were all a bit disappointed by the number of violent incidents as the evening progressed."

At one point, police called a modified tactical alert when alleged gang members pelted officers with lighted fireworks, rocks and bottles early Thursday in the 1300 block of East 111th Place.

Officers were responding to more than 250 people in a nearby parking lot drinking and lighting fireworks as a DJ blasted music. One man became belligerent, and, as officers tried to subdue him, the crowd became unruly, police said. One officer was hospitalized for burns. Another suffered a dislocated shoulder.

Most of the shootings were also believed to have a gang connection, police said.

One such attack took place about 10:30 p.m. in the 4800 block of 2nd Avenue and left one man dead. Police said five men were standing in front of a home when a white SUV drove past and someone opened fire. One man in his 20s, who was not identified, was pronounced dead. Four others were hospitalized in stable condition.

About 2 a.m., officers were called to Manchester and Vermont avenues, where they found an 18 -year-old man with a gunshot wound to the chest. The victim, who was not immediately identified, died at a nearby hospital. Police said they do not have any information on the assailants.

Fifteen minutes later, a man was shot multiple times in a suspected gang-related attack moments after he stepped off a bus near Florence and Western avenues. The victim was listed in stable condition; the shooting is under investigation.

Sheriff's investigators said they have no motive yet in the shooting of Unique Russell, a bubbly girl entering 10th grade at Washington Preparatory High School.

Unique lived on Crenshaw Boulevard with her mother and sister, but was a frequent visitor to the two duplexes on 97th Street, where her great-grandmother lived, and near where her grandparents and father lived.

"On 97th" was a frequent response her mother, Donna Wade, received when asking Unique where she was going.

"It was the house. It was the holiday house, the eating house," Wade said. "That's a big family, and they're like a real family."

The family came from the small town of Thomaston, Ga., in the 1960s. Though 97th Street is in a neighborhood where gang violence was once rife, in all the years the families have gotten together for the Fourth, Wednesday night marked the first shooting during the celebration.

"People don't realize they're hurting you when they do things like that," said Mary Dill, one of Unique's many aunts.

Sheriff's investigators have made no arrests in the case and ask anyone with information to call (323) 890-5500.

sam.quinones@latimes.com

andrew.blankstein@latimes.com

Many small banks still struggle to repay TARP

Many small banks still struggle to repay TARP

Nearly four years after Washington bailed out Wall Street, small banks have yet to repay $11 billion of taxpayer money.

Uncle Sam wants out and is threatening to unload its stakes in the banks at big discounts to new investors. Many of the 324 institutions, mostly tiny community banks and niche players, wonder whether they'll be able to stay in business.

Some stragglers would become financially unstable if they repaid their part of the $245 billion doled out during the financial crisis by the Treasury Department's Troubled Asset Relief Program.

Critics said the government, having moved so fast to bail out the big banks, should be nurturing the smaller ones.

"Many of these banks feel forced into a situation they can't control â€" a potential fire sale with new and perhaps unfriendly shareholders," said Jerry Comizio, a banking lawyer at Paul Hastings in Washington. "For some banks, though, given their small size and financial condition, they may not have any other viable option."

The biggest U.S. banks, four of which have more than $1 trillion in assets each, were able to repay TARP in short order. The fact that so many small banks â€" most with less than $1 billion in assets each â€" cannot do so illustrates how the struggling economy has crushed business strategies that often relied on housing-related loans and small-business mortgages.

The Treasury Department bought preferred stock in the banks on the condition that they compensate the government by paying a 5% dividend for five years, which then jumps to 9% late next year or in 2014. Counting the dividend payments, the government has turned a $19-billion profit overall on its bank bailouts.

Nonetheless, nearly half the 707 banks that received TARP funding have yet to repay their debt, including 164 that at last count had missed one or more dividend payments because regulators have restricted their operations.

Nowhere is the struggle more apparent than in California, where 28 banks still owe TARP funds, more than in any other state. They include rural Plumas Bank north of Lake Tahoe, Ojai Community Bank in an exclusive part of Ventura County and Saigon National Bank, which caters to Vietnamese immigrants in Orange County.

The Treasury Department is encoura ging the banks to buy back their own stock, which some are planning to do. But most are required to clean up soured loan portfolios, strengthen management and raise new capital privately before regulators will allow them to buy their own stock or even to pay dividends.

Bankers in the state said they were struggling to find cash from friendly new investors at prices that wouldn't wipe out the existing shareholders, often people with deep ties to their communities. The government has signaled that it hopes to dump all its investments within 18 months.

"There's no capital out there for little banks, no capital for inner-city banks and no capital for banks with a lot of troubled assets," said Wayne Kent-Bradshaw, chief executive of Broadway Financial Corp.in Los Angeles.

The three-branch bank, founded in 1947 by African Americans to help blacks who had been shut out by mainstream banks, "is all of those," Bradshaw said.

In a bid to keep the company's Broadway Federal Bank in business, the Treasury Department has agreed to trade its dividend-paying stock for non-dividend shares at a 50% discount. But the deal is on only if Broadway raises $5 million in new capital and persuades other preferred stockholders to take a haircut.

Bradshaw said investors have pledged $3.5 million, and sale of the bank's Wilshire Boulevard headquarters yielded $1.5 million after taxes â€" a total of $5 million. But he said the Treasury Department may still insist that all new funding come from investors.

"We're negotiating with everyone, including Treasury, to get this worked out," he said.

Some small banks, such as ICB Financial in Ontario, have kept the funds by choice, biding time until the dividend rises. Others, including National Bank of California in Los Angeles and Beach Business Bank in Manhattan Beach, have agreed to takeovers by larger rivals in deals that repay the government.

Timothy Massad, the assistant Treasury secretary for financial stability, said deals such as the one with Broadway are struck only if they represent the best outcome for taxpayers.

"Some of those institutions were very close to failing," Massad said, which would wipe out the government's entire investment.