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World-Check to Present on UK Bribery Act compliance at C5 Forum in London

World-Check to Present on UK Bribery Act compliance at C5 Forum in London

London (PRWEB) June 10, 2010

World-Check Head of Enhanced Due Diligence Services (EMEA), Robert Mitchell, will be a guest speaker at the C5 anti-corruption Forum to be held from 21 to 22 June in London. The conference will feature a panel of leading international corporate ethics and compliance executives, lawyers, investigators, forensic experts and top government officials from the U.S. and Europe. Mr. Mitchell will present a seminar on best practise anti-corruption tools that help companies minimise risk in an era of heightened anti-corruption scrutiny and enforcement.

“World-Check offers a UK Bribery Act Solution specifically designed to apply a risk-based approach to 3rd party relationships, business partners, joint ventures and M&A target screening. Our detailed research-to-order program identifies company ownership, ethics, reputation as well as potentially high risk relationships through country specific local searches. Implementing this compliance solution will ensure a company’s due diligence functions are in line with international best practice, said Robert Mitchell, Head of EDD (EMEA) at World-Check.

Mr. Mitchell has been involved in the Compliance and AML industry for over 10 years in the UK, Ireland, Channel Islands, Isle of Man, Israel, Greece, Malta, Cyprus, Gibraltar, Mauritius and the Seychelles, and is a regular speaker on the international compliance circuit, and a regular contributor to press reporting on the UK Bribery Act.

World-Check’s UK Bribery Act compliance seminars, held in London in December 2009 and May 2010 attracted over 400 legal, risk and compliance professionals from diverse industries. High demand for seats at the events shows a real urgency within companies to implement proven best-practice internal control procedures to ensure compliance with the new anti-corruption law.

About World-Check

Trusted by more than 4,500 institutions in over 160 countries, including 49 of the world’s top 50 banks, World-Check offers an end-to-end solution for assessing, managing and remediating financial, regulatory and reputational risks. World-Check’s global database of Politically Exposed Persons (PEPs) and heightened risk individuals and entities, due diligence reports, passport verification and country risk assessment tools provide the means to address the full spectrum of risk across all markets and industries. Represented across five continents, World-Check’s international research team monitors emerging risks in more than 50 languages, covering over 240 countries and territories worldwide.

For more information visit http://www.world-check.com/

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Bhalessa Gandoh-Lengendaries

Ghulam Rasool Azad: A true Educationist

                                                           Sadaket Malik

It has revealed by our research that in different parts of the state people used to speak Kashmiri, if the local language is mixed with kashmiri but it is true that in ancient period some people migrated to Jammu region to make their haitation overhere.

            It is in Mahgam Kashmir that Batt  family migrated to start their habitation in Chamba District of Hamachal Pradesh and some Muslim Batt’s stayed in improvised part of Bhalessa i.e in Soti Village. From time to time they (Bhat family) became permanent peasants of Soti Bhalessa. One of the ancestors Kh. Khazra Batt was regarded as a leading peasent of the time. In this Peasantry family, Ghulam Rasool Azad was born in the year 1916. This was a period of ignorance, There was a no media, no education and no leadership. There were only single to two schools in Bhalessa, one was Primary school kilhotran wherein the people used to get elementary education at that time. Kh. Khazra Batt gets admission of Ghulam Rasool in this Primary school. Ghulam Rasool (Azad) passed his Primary basic education from this school in 1929. On the basis of his interest towards studies his parents put him in Bhaderwah Amar Singh High School for further studies.

            On the one hand, there was no transportation, no media and poverty had its head high, but Ghulam Rasool Azad used to exhibit his talent with the patronage of the well deserved teachers in Amar Singh High School.

            In 1935, Ghulam Rasool Azad passed entrance examination from Jammu Centre, he got encouraged and put forward his education and leadership.

            In 1939, he did his graduation in Mathematics with double course and got Post graduated in 1943 from Punjab University. During his studentship he was entrusted the responsibility of Student leadership. He was appointed as a Publicity secretary of Punjab University Students Union.

            It was very difficult for a person at that time to get education and Azad proved as a torch bearer. There were only three rare persons like Ghulam Rasool Azad of Soti,  Prof. Umer Din Malik of Bhatyas and Abdul Aziz Batt of Kilhotran to get higher education.

            To democratise the system of education and make the poor farmers of Bhalessa familiar about education, Ghulam Rasool Azad launched intensive awareness mission to change their mindset. He used to get oath from children to pledge for education.

            In 1946, he was appointed as a teacher in Shri Ranbir High School Jammu, during his tenure, he strived hard and worked honestly. The salary was too small but Azad proved as an ideal teacher. In this period, there was discrimination due to colonial rule. He started Jammu Provincial Teachers Association and pleaded the cause of teachers. Due to indefinite struggle for the cause of teachers, He and his associates were dismissed from service in 1946 by the government. Lo and behold, Azad not stopped his sprit of social work and leadership. It was a time of Communal disharmony. Divisive policies were in place.

            In another phase, Maharaja Quited the state and Sheikh Mohammed Abdullah resumed the office. Sheikh got abreast of the leadership satire of Azad and appointed him as  teacher in Shri Partap High School Srinagar. It was time of disamity of hindu’s and muslims. In 1947, Azad was entrusted the responsibility by the government to look after the welfare and prosperity of masses of the then Doda region. He reached every nook and corner of the district doda to spread the massage of love and friendship. The need was not to look after the developmental side, but to unite the scattered hindu’s and muslims. Azad  played a pro active role to end disamity. In this way the peole loved his qualities and his sprit of leadership. Government rewaded Ghulam Rasool Azad for his outstanding contribution in that period. Sheikh sahib at that time quoted in his speeched

“Kash sobha jammu ki Tarah Sobha Kashmir main

ik Ghulam Rasool Azad paida hota, to maire khuwabun

Ka naya Kashmir taamir hota.”

Like Jammu region, If Kashmir region might got the leader like Ghulam Rasool Azad, it would to true that my dream of Naya Kashmir will be fulfilled. Shaikh sahib told kashmiri leadership at that time.

            Keeping in mind his political satire, he was appointed General Secretary National Conference in 1947 and in 1948 he was appointed as Assistant Inspector of Schools for Rajouri, Nowshera, Poonch. During this period, he visited every school snd reached every teacher for educational advancement. He got a great status and sympathy in the people.

            Azad was appointed as a President of National Conference Doda for the welfare of  people.

            In 1950, Azad was appointed as Field Publicity Officer Jammu. From 1949-51 he was District Vice President National Conference of Rajouri. In the same period, he was given another responsibility at the capacity of PA to Director Education. He was appinted as a member of All J&K General Council NC. Joint secretary NC Jammu region, Being an officer Azad was full of leadership qualities. That’s why ruling political party like National Conference get advantage of his political satire and sprit of social work. His top priory was to look after the welfare of the people, and got a special place in the hearts of poor people. Sheikh Abdullah gave him a plenty of responsibilities.

            Later, He was inducted as an Inspector of schools Udhampur and Doda from 1951-54. and inspected all the schools, and conceded the demands of general people of the region. He was appointed as a Headmaster of Teacher’s Training School Bhaderwah. It is leant by us that Teachers Training school was opned by Azad himself. Its was a period when Sheikh Abdullah was arrested and Bhakshi Ghulam Mohammed was appointed as a Prime Minister of the state. The state was politically unstable. One the one hand It was campaign of Paraja Paishad and on the other hand a demand for “Raj Shumari”. Azad’s initiative turned towards the limping back the normalcy in the region. He used to say in his speeched:-

“ Na Hinduism ko khatra hai, na islam ko dur,

Ho Jawo Shair o shankar”

Azad as a freedom fighter was pinched with the people who used religion as a tool for gaining power. When Azad’s milti faceted qualities listened the then Prime Minister Bhakshi Ghulam Mohammed, he was deputed to England for DAATP training course. He visted educational institutions of  UK, England, Wales, Scotland, Belgium, Thailand, West Germany, Austrailia, Italy, Switzerland, USA and France.

            After his return from England, he was appointed to analyse the economic conditions of Doda, Poonch and Rajouri in 1956. He was appointed as a Principal of Government Higher Secondary School R S Pura in 1956-1957. This was the only Hr. secondary school in Jammu region.

            In this period, Corruption was increased in an alarming rate. Poverty was its heads high, economy was poor. He pointed truth before higher ups and suggested roadmaps to overcome corruption and increase well being of the people. He resigned from service and contested election for the poor people on the behalf of teacher fraternity. Government mandated a lady candidate against him in the election. But Azad got elected to Assembly. In Kashmir, a candidate namely Dina Nath General secretary was mandated by Azad and was elected. In another trip, he was elected unopposed as MLC and worked upto 1957.  In 1955, he founded All Jammu, Kashmir and Ladakh Teacher’s Association. From 1955-69, he pleaded the cause of teachers. In 1958-59, 1959-60, and 1960-61 he remained Vice President of All India Federation of Education Profession. Being an educationist, he also worked for the cause of education at national level.  In 1961,He was one of the delegate of 34 delegates to attend the 10th onference of World Confederation of Organisations of Teaching Profession for the world education cause.

            Government led by Bhakhshi Ghulam Mohd. Invited Azad to re-join the government service and appointed him Dy Director Education Jammu in 1962-63. Government not tolerated his courage and appointed him as a Principal of Government Degree College Bhaderwah. He was again taransfered to Kashmir to work as a Dy. Director School Education Kashmir.upto 1971. In 1969-71 he remained Secretary J&K Sports Council. From 1963-64 he worked as a Saint member of Jammu University. and then member of J&K State Board of School Education in 1965. Member of Text Book Advisory Boad, After he finaly retired from the post of Dy. Director Education, He was appointed as a Fazil member of Anti Corruption Commission in 1973-75, member J&K Planning Board. Member District Development Board Doda in 1976-78, President Indo Sovait Cultural society (1971-73) Member Bhaderwah Welfare Front (1975-79), Chairman Bhaderwah Public Forum (1982) Chairman Advisory Council of J&K Education Officers Association, (1984)

            It was on 24th of January 1995, the land lost its great scholar, as ill luck would have it this legendary man not remained among the people.

Sadaket Malik
http://www.articlesbase.com/article-marketing-articles/bhalessa-gandohlengendaries-1100344.html

Social Work and the Law

NOTE: THE ARTICLE APPEARING BELOW WAS COPIED ON  22 JUNE 2009 BY http://www.cityadministrator.org/?p=397 WITHOUT MY PERMISSION AND WITHOUT CITING THIS AUTHOR. The blog is hosted by GoDaddy and registrant

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Baltimore City Department of Social Services v Bouknight,

488 U.S. 1301 (1988)

A three month old infant was admitted for treatment in a hospital. It became apparent that the mother, Jackie Bouknight may have maltreated the infant. Consequently, the Department of Social Services (DSS) petitioned the Court to declare the child as a “child in need of assistance” and grant it the power to put the child under foster care (Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988). The Court granted relief and it was agreed upon by the parties that Bouknight shall have the custody of the child subject to the conditions of supervised parenting and an undertaking of non-infliction of bodily harm and punishment on the child. At first, Bouknight complied with the conditions but later on she became uncooperative and refused to produce her son to the DSS.

The DSS in fear for the safety and well being of the child filed a case before the Court to compel Bouknight to produce her son. She failed to appear before the Court but was later on arrested. On her refusal to disclose the whereabouts of her son, she was found guilty of contempt and was ordered to be incarcerated until compliance with the order [In re Maurice, No. 50 (Dec. 19, 1988). 314 Md. 391, 550 A.2d 1135].

On certiorari, the Court of Appeals of Maryland ruled that the incarceration of Bouknight was an infringement of her Fifth Amendment right against self incrimination. According to the Court, the production of the son is testimonial in nature because by doing so, it only proves Bouknight’s “continuing control” over her son which may be utilized in a criminal proceeding. It ruled that there are acts of production deemed to have testimonial value citing the case of U.S. vs. Doe (Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988).

The U.S. Supreme Court granted the stay of DSS pending the filing of the requisite petition for certiorari. The grant of stay was based on the fact that even assuming that the act of production of the child is testimonial in character, many line of decisions of the Court are clear that as between the public need vis-à-vis a single claim of an individual on constitutional privilege, the former is upheld. In this particular case, the safety and interests of the abused child must be upheld over Bouknight’s assertion considering that, in the hierarchy of values, the safety and welfare of the child takes precedence over other concerns (Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988). Moreover, the information sought which is the whereabouts of the child is for the contempt charge and therefore civil in nature (Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988).

The Fifth Amendment: Right against Self-Incrimination

The Fifth Amendment originated from England and derived from the Latin maxim “nemo tenetur seipsum accusare” meaning “no man is bound to accuse himself” (Levy, 1968). It was used in both the accusatorial and inquisitorial legal systems of England (Levy, 1968).

In the U.S., after the revolution the states ratified the Constitution with the inclusion of the privilege in the bill of rights. The original version of Madison was amended by the House to include “in any criminal case” (Schwartz, 1971). Thus, as it now stands, the Fifth Amendment provides, “. . . nor shall be compelled in any criminal case to be a witness against himself . . .” (U.S. Constitution, Bill of Rights). The primary purpose of its inclusion in the Bill of Rights is “to protect the innocent and to further the search for truth” [Ullmann v. United States, 350 U.S. 422 (1956)]. However, in subsequent line of decisions, the Court ruled that other privileges stated in the bill of Rights are more in the nature of adjuncts to the determination of truth such as the right to counsel or the safeguards afforded by the Fourth Amendment while the privilege against self-incrimination is primarily for “the preservation of the accusatorial system of criminal justice” [Miranda v. Arizona, 384 U.S. 436, 460 (1966); Schmerber v. California, 384 U.S. 757, 760–765 (1966); California v. Byers, 402 U.S. 424, 448–58 (1971)]. This maintains the integrity of the judicial system and protects the privacy of the individuals from government intrusion [Miranda v. Arizona, 384 U.S. 436, 460 (1966); Schmerber v. California, 384 U.S. 757, 760–765 (1966); California v. Byers, 402 U.S. 424, 448–58 (1971)]. The privilege is a guarantee against compulsion for testimonial evidence which consequently will result in the imposition of criminal penalty on such person making testimony.

The Court laid down the requirements necessary before a party can successfully invoke the protection of the privilege against self-incrimination. In the cases of U.S. v. Doe, (465 U.S. 605) and Doe v. U.S. [487 U.S. 201, 209 (1988)], the Court enumerated the three (3) requisites that should be present for the Fifth Amendment to apply, namely: a) “that the statement be testimonial; b) incriminating; and, c) compelled.” According to the court, ‘testimonial’ refers to all communications whether express or implied which “relate to a factual assertion or disclose information” (Ashby, J., 2006 citing Doe v. U.S., 487 U.S. 201). The statements or communications made whether verbally or in writing fall within the privilege (Ashby, J., 2006) and is not limited by the forum where it was elicited, i.e. before the court, administrative proceedings or before the law enforcement office [Lefkowitz v. Turley, 414 U.S. 70 (1973)]. The second requirement, ‘incriminating’ refers to statements that can be used as a basis for a finding of criminal liability under a penal law or “provides a link to the chain of evidence for prosecution under a criminal statute” [United States v. Hubbell, 530 U.S. 27 (2000)]. The third requisite is the compulsion to give a statement. The Court explained that this requisite refers to “circumstances that deny the individual a free choice to admit, to deny, or to refuse to answer” (Ashby, J., 2006). Additionally, the Court ruled in the case of Fisher v. United States that these three requisites should all concur and be present so that the privilege can be successfully invoked [425 U.S. 391(1976)].

Legal and Ethical Issues and their Impact on Social Work Practice

The main legal issue in the case of Baltimore is whether the circumstances surrounding it would fall within the ambit of the privilege against self incrimination and consequently, Bouknight may successfully invoke it and prevent her from being compelled to produce or furnish the whereabouts of her son lest be incarcerated for contempt.

The Supreme Court allowed the stay of the decision of the appellate court for overturning the ruling of the juvenile court and in finding that the compulsion for Bouknight to produce her son squarely fell within the privilege and therefore ordered her release (Alderman and Kennedy, 1992). The appellate court found that the act of production is testimonial and therefore its compulsion, is a violation of the privilege. Furthermore, the interest of the government in the safety of the son cannot outweigh the observance and respect for the privilege against self incrimination as provided in the Bill of Rights (Alderman and Kennedy, 1992). In other words, the three requisites concurred, i.e. the act of production or of furnishing information as to the whereabouts of her son are incriminating and testimonial in character; and, there was also compulsion because if she failed to disclose information sought she would be incarcerated for contempt as what had happened.

The Supreme Court through Chief Justice Rehnquist predicated his discussion on three major points, namely: a) The Court of Appeals passed upon a controversy concerning the federal Constitution which logically can be properly resolved by the U.S. Supreme Court (California v. Riegler, 449 U.S. 1319); b) The act of production does not fall within the ambit of the privilege citing the cases of U.S. v. Doe, Fisher v. U.S. and Schmerber v. California. In these cases, the court ruled that the act of production of the documents is not ‘testimonial’ and therefore does not infringe upon the privilege considering that their existence and location are already known to the Government. In fact, responding to a subpoena have been considered legal and acceptable even if compulsion is present [Fisher v. United States, 425 U.S. 391 (1976)]. Moreover, when an accused is required to furnish his handwriting sample, this had been held not to violate the privilege because it is not ‘testimonial’  but merely evidentiary United States v. Flanagan, 34 F.3d 949 [10th Cir. 1994]). The third point c) is by using the balancing of interests test or balancing the public need vis-à-vis ensuring the individual’s constitutional civil liberties, public need prevailed considering that the disclosure of information was non-criminal and not directed at a particular group as was held in the case of California v. Byers, 402 U.S. 424 (1971) where the validity of a law requiring disclosure of the name and address at the scene of a vehicular accident. Similarly in the case of New York v. Quarles where the Fifth Amendment rights have to give way to a public safety exception and therefore in the case of Bouknight, “the public safety exception to the Fifth Amendment was justified because its interest was in protecting children like Maurice, not in prosecuting” (Alderman and Kennedy, 1992).

In sum, the privilege against self-incrimination is not an absolute right. Albeit the civil liberties accorded under the Bill of Rights safeguards undue government intervention and restraint to its power, there are instances when these rights would have to give way to compelling interests of the society that would warrant Government intervention and intrusion such in the case of protecting and ensuring the safety of infants or children from physical abuse. Once it has been established that a child is abused, it becomes the duty of the State to take over and protect.

The judicial pronouncement in the case of Bouknight has a pervading and far reaching implication on social work practice. This gives the social workers a great burden and responsibility to follow up sharply abused children in foster care or those released under an order of protective supervision. Admittedly, there is an apparent lack of strict protocols in the present system of child welfare agencies (Parks, 2005). A set of guidelines must be crafted to govern exigencies of missing children from foster care like supervised visits and court orders in cases of abduction like what have occurred in Maryland with “Ariel” who had been abducted by his mother Teresa B (Parks, 2005). Guidelines should also be drawn to address the coordinated efforts both with the law enforcement and child welfare personnel.

Tarasoff v. Regents of University of California,

17 Cal.3d 425

A graduate student from India, Prosenjit Poddar went to the University of California Berkeley to study naval architecture. It was there that he met Tatiana Tarasoff. A few kisses made him believe that they have a special relationship until Tarasoff bragged about her many relationships with other men. Poddar suffered depression until he sought professional help from Dr. Moore, a psychologist of the University Health Service. He confided to the doctor that he intended to secure a gun and to kill Tarasoff. On the strength of a letter request of Dr. Moore, Poddar was taken by the campus police, however upon assurance that Poddar was reasonable he was released. Upon the return of the University Health psychiatrist from his vacation, he ordered the destruction of Dr. Moore’s letter and did not recommend any further action on Poddar’s case.

When Tarasoff returned from her vacation, she was stabbed and killed by Poddar who at that time moved in with her brother already. The parents of Tarasoff sued the Regents of the University, its health personnel namely, Gold, Moore, Powelson, Yandell and the campus police namely, Atkinson, Beall, Brownrigg, Hallernan, and Teel  for “failing to warn their daughter of an impending danger” (Tarasoff v. Regents of University of California, 17 Cal.3d 425). At the lower court, the complaint was dismissed because there was no cause of action. According to the lower court, the defendants only had the duty to the patient and not to a third party.

The dismissal was appealed to the Appeals Court but which only sustained the dismissal. Thus, it was elevated to the Supreme Court of California. The appealed decision in so far as the university police officers, Atkinson, Beall, Brownrigg, Hallernan, and Teel finding them not liable to the plaintiffs was affirmed. However, in so far as the therapists and the Regents of the university, the appealed decision was overturned for reception of evidence in accordance with the pronouncements of the Supreme Court (Tarasoff v. Regents of University of California, 17 Cal.3d 425).

In fine, the complainants averred four (4) causes of action, namely: a) “Failure to detain a dangerous patient; b) failure to warn on a dangerous patient; c) abandonment of a dangerous patient; and, d) breach of primary duty to patient and the public” (Tarasoff v. Regents of University of California, 17 Cal.3d 425).

Anent the first and fourth causes of action, the Supreme Court ruled that the defendants cannot be held liable because of a specific provision of the Government Code or Section 856 thereof which grants immunity to public employees from any resultant damage or injury from deciding whether or not to confine a person with mental ailment. This provision is also applicable to the therapists because the law also refers to those who are capable of recommending confinement. As regards the third cause of action, the government immunity includes the “award of exemplary damages resulting from a wrongful death” and therefore, defendants cannot be held liable (Tarasoff v. Regents of University of California, 17 Cal.3d 425).

Anent the second cause of action, the Supreme Court found defendants therapists and Regents of the University to have failed to comply with their duty to warn Tarasoff of the peril to her life. Albeit, the therapists had no direct relations with Tarasoff, they could have reasonably foreseen the danger and threat to her life as confided by their patient, Poddar. This is the point where the law establishes the duty of care on their part to warn Tarasoff. Their failure to warn her may reasonably concluded as a proximate cause of her death. The duty of confidentiality between patient and psychotherapist and the right to privacy of the patient cannot prevail over public interest or public safety. Moreover, there are clear provisions of laws, i.e. Section 1024 of the Evidence Code and Section 9 of the Principles of Medical Ethics of the American Medical Association which allows the physician to divulge matters confided to him in confidence when it is necessary for public welfare (Tarasoff v. Regents of University of California, 17 Cal.3d 425).

Confidentiality

The effective therapeutic relationship between physician/psychiatrist and patient rests largely on trust that matters confided by the patient during the treatment are kept in strictest confidence by the physician/psychiatrist.  It is the ethical duty of the physician to observe privacy and confidentiality of his patients (Corbin, 2007). While it is also of public interest to ensure that treatment of those who are mentally ill by maintaining an atmosphere whereby they can have an open dialogue with their therapist and of safeguarding its confidential character; the same public interest calls for an imperative recognition of instances whereby disclosure of the confidential communications be revealed and be made to safeguard public safety and avert the threatened peril. In the instances, where the public safety is at risk, the therapist must disclose confidential information discreetly with due regard to protecting the privacy of his patient (Tarasoff v. Regents of University of California, 17 Cal.3d 425).

The parameters of confidentiality are defined by law and by the ethical code of conduct for practitioners in the territorial jurisdiction. In the case of Tarasoff, the Evidence Code and the Principles of Medical Ethics of the American Medical Association provided specific and limited exceptions under which the confidentiality privilege can be breached, i.e. “if the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to himself or to the person or property of another and that disclosure of the communication is necessary to prevent the threatened danger; unless he is required to do so by law or unless it becomes necessary in order to protect the welfare of the individual or of the community” (Tarasoff v. Regents of University of California, 17 Cal.3d 425).

It would be wise for the practitioners to familiarize themselves of the limits of confidentiality as provided under the laws considering that it may differ from state to state. The Tarasoff case provided a basis to guide a practitioner in his professional dealings relative to the duty to warn others in cases of a specific threat of harm by his patient against others/another. Subsequent cases followed the consistent pattern of the jurisprudence laid down by the Supreme Court. In the case of David v. Lhim (1983), the plaintiff-administrator of the estate sued the psychiatrist who treated the son who killed his mother after he was released from the hospital. There was failure on the part of the psychiatrist who treated the son to warn the mother of the potential danger after her son confided his intentions of killing her (Corbin, 2007). In another case, Chrite v. U.S. (2003), the Veterans Administration was held liable for having failed to warn the intended victim of a patient of a threatened harm. Subsequent rulings of the court clarified and defined what constituted ‘threat’ as “imminent threat of serious danger to a readily identifiable victim” and “specific” (Corbin, 2007).

When there are no specific provisions of the law, Dickson (1998) proposes that the therapist/practitioner may be protected against lawsuits if he would consult and keenly document the case of the patient or comply with the “mandated reporting guidelines” required by some states. Reamer (2003) on the other hand, suggests that the therapist must have evidence that the patient is a threat to the safety of another; evidence of that the threat can be foreseen; threat is imminent and that the potential victim is identifiable.

Legal and Ethical Implications and their Impact on Social Work Practice

The duty of reasonable care to assist others in danger is a legal duty as well as a moral duty. However, American negligence law only recognizes it as a moral duty except when there exists a relationship between parties. In the case of Tarasoff, no special relationship existed between the therapist and Tarasoff; however the court has made an exception to this general rule (Bickel, 2001). It declared that the therapist has the duty to care and to warn Tarasoff of the imminent harm on her life. This also includes the duty to control the conduct of his patient, Poddar. In the same breath, a doctor has the duty to warn his patient if he has a contagious disease (Saltzman and Furman, 1999).

There is an affirmative duty for the therapist to advise and warn Tarasoff of the threat to her life although this meant breach of confidentiality with his patient Poddar. This finds basis both legally and ethically considering that the law and the code of ethics for doctors have recognized and provided specifically that doctors are bound to disclose relevant facts to others even if this violates confidentiality with their patients provided they are required by law or if it is required for public safety (Saltzman and Furman, 1999). This legal duty to warn applies when the threat is specific and imminent and where the victim is “readily identifiable” (Bickel, 2001). The courts also have recognized the difficulty in assessing and predicting circumstances that may lead to harm or violence and consequently, adhered to the ‘professional judgment rule’ whereby the therapist is not held liable for errors of judgments. Liability attaches only upon showing that the conduct of the therapist was not in accordance with the “accepted professional standards” (Bickel, 2001).

There is an ambivalence that was created by the Tarasoff protective disclosure ruling with the practitioners (Kachigian and Felthous, 2004). Analogous cases and protective disclosure statutes in the different states were analyzed and it was discovered that there are no clear defined parameters of these duties. The therapist is required to a certain way betray his patient by disclosing matters which are protected by confidentiality. Considering the uncertainty brought about by the legal doctrine and court decisions, the undesirable consequence of which was deterrence for therapists to accept “treatment potentially violent patients” (Merton, 1982). Moreover, therapists are more inclined to have their patients committed in an institution so that threats to the safety of potential victims can be averted.

The Tarasoff protective disclosure was even extended recently to include even “communications made from a patient’s family member” as pronounced by the Court in the case of Ewing v. Goldstein (May and Ohlschlager, 2008). The dubious jurisprudential precedents by the courts in interpreting the protective disclosure statutes or its resort to common law instead of interpreting the statute left a vacuum in the definition of the duty to protect (Kachigian and Felthous, 2004). As a result, “clinicians must continue to rely on their clinical and ethical judgment, rather than statutory guidance, when considering potential protective disclosures or future drafts of protective disclosure statutes” (Kachigian and Felthous, 2004).

References

Alderman, E. and Kennedy, C. (1992). In our defense: the bill of rights in action. First Avon

Books edition.

Ashby, J. (February 2006).  Note declining to state a name in consideration of the fifth amendment’s self-incrimination clause and law enforcement databases after Hiibel. Michigan Law Review, No. 4, Vol. 104:779.

Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988).

Bickel, R. Revisiting Tarasoff v. Regents of University of California: the scope of the psychotherapist’s duty to control dangerous students. Presented before the 22nd Annual Law and higher Education conference in Clearwater, Florida on 18-20 February 2001.

California v. Byers, 402 U.S. 424, 448–58 (1971).

Corbin, J. (Fall 2007). Confidentiality and the duty to warn: Ethical and legal implications for the therapeutic relationship. The New Social Worker, Vol. 14, No. 4.

Dickson, D. T. (1998). Confidentiality and privacy in social work. New York: The Free Press

Doe v. U.S., 487 U.S. 201, 209 (1988).

Fisher v. United States, 425 U.S. 391 (1976).

Kachigian, C. and Felthous, A. (September 2004). Court responses to Tarasoff statutes. Journal

of  American Academy of Psychiatry and Law Online, Vol. 23:263-273.

Levy, L. (1968). Origins of the fifth amendment: The right against self-incrimination.

May, S. and Ohlschlager, J. (2008). California alert! Tarasoff ruling expanded for clients who ‘go off.’ ECounseling. American Association of Christian Counselors.

Merton, V. (1982). Confidentiality and the dangerous patient: Implications of Tarasoff for Psychiatrists and lawyers. Emory Law Journal, Vol. 31:265.

New York v. Quarles, 476 U.S. 649 (1984).

Parks, A. (2008). Unless the Court of Appeals decision is reversed, MD children may not be. Daily Record The Baltimore.

Reamer, F. (2003). Social work malpractice and liability. New York: Columbia University Press, 2nd ed.

Saltzman, A. and Furman, D. (1999). Law in social work practice. Brooks Cole, 2nd edition.

Schmerber v. California, 384 U.S. 757 (1966).

Schwartz, B (December 1971). The bill of rights: A documentary history. Chelsea House Publishers with McGraw-Hill Education.

Tarasoff v. Regents of University of California, 17 Cal.3d 425.

Ullmann v. United States, 350 U.S. 422 (1956).

U.S. v. Doe, 465 U.S. 605.

United States v. Hubbell, 530 U.S. 27 (2000).

E.Writers
http://www.articlesbase.com/education-articles/social-work-and-the-law-756045.html

Churchill’s During World War II and Its Aftermath

The growing rapacity of German gluttony forced Hitler to take over Austria in 1938 and threaten Czechoslovakia. In Britain this produced a national crisis which resulted in Prime Minister Neville Chamberlain’s meeting Hitler in September 1938 at Berchtesgaden. Chamberlain returned from the meeting announcing ‘peace in our time’ which was abruptly smashed when Hitler invaded Prague in March 1939. Soon after given Western weakness and hesitation to work with the Soviet Union Stalin formed a pact with the Nazi’s guaranteeing Russian security and the partitioning of Eastern Europe between the Bear and the Hun. There was nothing to stop Hitler from destroying Poland and then turning his malevolence towards the West.

Public anger which had exploded after the subjugation of Prague had forced Chamberlain to give the improvident pledge to guarantee Poland’s security. Militarily and rationally this was an impossibility. The British did not possess a large enough standing army to lend help to Poland to stem a German advance and the logistics of transferring military relief to Poland was never calculated. Only the Navy was possessed war making power and there was little the Navy could do to defend Poland. She was invaded on the first of September and the Second World War began. Churchill was immediately recalled into power as First Lord of the Admiralty – the very same post he had assumed control of 25 years previous on the eve of the First World War.

From day one of the war Churchill was the true Leader of Britain. Chamberlain was defeatist and broken hearted remarking bitterly how his life’s work was now tragically sundered. He did not have the capability to rouse a nation and persevere to the bitter end. Winston as Naval War Lord was not only attacking the enemy on the seas but combating defeatist elements at home and trying to prod the blind neutral nations into action. Only Churchill could utter with true conviction and spirit, “Now we have begun; now we are going on; now with the help of God, and with the conviction that we are the defenders of Civilisation and Freedom, we are going on, and we are going on to the end.”

The Royal Navy was the only strong force that Britain possessed and from the opening bell the naval squads were on the offensive. Churchill worked at least an 18 hour day. Plans were drawn for a blockade of the German coast, convoy arrangements were made; mine-sweeping was instituted, enemy raiders harassed and submarines sunk. By the end of 1939 the Royal Navy had sunk half of all German submarines. However the war was only in its infancy. Great battles loomed.

On May 10 1940 the Germans began their vicious assault on the West. The Hun streamed into Holland and Belgium. That night the King of England sent for Churchill and asked him to form a government. Thus began the creation of the Churchill legend and his enshrinement into history. The story of the British war effort under Churchill falls into two distinct categories – the struggle to survive and the establishment of the alliance with the USA and Russia and the ultimate destruction of Germany and Japan.

The battle to survive covers the twelve or so months that Britain fought Germany completely alone in 1940-1. This period covered the dazzlingly quick disappearance of France under the heel of the Gestapo in June of 1940 to the German attack on Russia in June of 1941. This grim year brought horrible highlights; the partition of France, the formation of the pro-Nazi French Vichy government, the battle of Britain, the blitz on London, the beginning of the North African desert war, the defeat of Greece, and the British Commando raids along the Norwegian and French coasts.

It was during this sombre episodic current of ruin that Churchill became the most inspirational Leader of the Western world in the 20th century. He portrayed the towering, implacable fierceness of a proud nation, and of liberty, and expressed every free man’s tenacity to fight in words that no other could have summoned forth. Winston’s knowledge of military matters and his close operational vigilance over all affair animated and excited the British war effort with a boldness that astonished. British prestige in this desperate hour reached its highest ever pitch. The world over prayed for its salvation and success.

The immense energy and illimitable skill that throbbed and turned in his heart and mind was at last released from its bondage and given full scope of use. Churchill no longer knew the frustration of ideas that could not be brought alive, vitality that could not be expended, or ingenious approaches that could not be tested. The supreme challenge was met by a man of supreme stature. The Government was turned upside down. Routine was destroyed. Twenty four activity the rule with Churchill as the master organiser. All knew their place and role. Churchill immediately established a small War Cabinet to make effective and quick decisions. At first the membership was four which grew during the war to seven. This tiny all powerful directing force was supported by sixty or seventy other ministers of all parties who formed the core membership of the Coalition government but responsible only for their own departments. As Churchill pointed out, it was only the members of the War Cabinet, “who had the right to have their heads cut off on Tower Hill if we did not win.”

Never before in modern history did one man have so much power. Churchill was everywhere. He not only controlled the government but the operational side of the conflict as well. He was not only the King’s First Minister but Leader of the House of Commons and, even more important Minister of Defence also. The military Chiefs of Staff instead of reporting to their own ministries reported instead directly to Churchill. The Joint Planning Committee – a body of professional staff officers of all three services – worked under Churchill as part of the Ministry of Defence rather than under the Chiefs of Staff. Thus by permission of the War Cabinet and Parliament Churchill became the penultimate democratic Leader.

No one can study Churchill’s part in the war without being staggered by the colossal output of interests, dictation’s, orders, speeches, broadcasts, plans, promotions and prunings. In military matters he covered an almost incomprehensible range of activity. When Britain stood alone and the nation was bracing itself for the storm of invasion Churchill was racing about the government demanding attack plans, offensive action and targets of British incursions. He demanded the end of the passive war. Thus the commando raids were born. He participated during the war in every operational plan and strategy demanding full technical elaboration’s and missives to be sent to his attention. “During the war,” the American General Eisenhower later testified, “Churchill maintained such close contact with all operations as to make him a virtual member of the British Chiefs of Staff; I cannot remember any major discussion with them in which he did not participate.”

Churchill’s power was dependent upon the War Cabinet. It is a tribute to his skill of persuasion that unlike Roosevelt or Stalin, who were by their constitutions absolute military leaders of their nation, Churchill exercised his authority only by the permission of the War Cabinet who were willing to grant this authority only so long as Winston commanded the confidence of Parliament. Much of Parliament’s confidence was bolstered by Churchill’s impassioned, humanised and soaring orations. No man or women in the British Commonwealth who heard on June 4 1940 that France was being devoured by the German beast, will forget the tingling of emotion and courage when Churchill uttered in a strange, hoarse voice: “We shall go on to the end, we shall fight in France, we shall fight on the seas and the oceans, we shall fight with growing confidence and growing strength in the air, we shall defend our island, whatever he cost may be, we shall fight on the beaches, we shall fight on the landing grounds, we shall fight in the fields and in the streets, we shall fight in the hills; we shall never surrender, and even if, which I do not for a moment believe, this island or a large part of it were subjugated and starving, then our Empire beyond the seas, armed and guarded by the British Fleet, would carry on the struggle until in God’s good time, the new world, with all its power and might, steps forth to the rescue and the liberation of the old.”

Another Leader may have uttered, “We will do what is necessary to win this war and persevere in its struggle until it is won. This government believes in the ultimate ability of our nation to come through to victory.” Or something to that effect. Very few would have evinced the crescendo of emotional “We shall’s” in a peroration. Churchill gave the roar to the British lion and heart to the British public. Romance, history, philosophy and leadership all running in the cloud-burst of Churchill’s speeches and leadership of the war effort. But though he carried his role with pride, prompt execution and relish in no way implies a cold heart or an acceptance of war’s carnage. The suffering that he saw, and he saw a lot with his own eyes as he inspected damage through Britain, on more than one occasion pushed him into tears. When Churchill saw a small shop in ruins and wondered out loud to his private secretary the anguish that the owner must feel to have his whole life exploded and ruptured so completely, he became so visibly upset that he resolved at that moment to compensate all damaged property with state payments. Thus the policy of war damage for private assets came into effect. If Churchill enjoyed the waging of war he certainly suffered from the anguish it induced and endeavoured to share its destruction with the common man and woman.

The second phase of the war lasted from the infamous Japanese attack on Pearl Harbour on December 7 1941 until the end of the war. Until 1944 the British and Russian armies bore the brunt of the struggle against the demented German race. From early 1944 onwards the Americans assumed a greater share and responsibility of the war effort and began to relegate the British to a supporting role in the drive to victory. Roosevelt and Churchill met nine times during the war establishing a strong if short lived friendship. The Americans including Roosevelt were incorrectly convinced that Churchill and the British wanted to expand their Empire.

This calamitous suspicion allowed the Russians more freedom in Eastern Europe than the British would ever have tolerated. As early as 1943 with victory a matter of time and logistics Churchill implored the American leadership not to let Soviet ambition run unimpeded in Eastern Europe. The American reply was incredibly purblind and vague. It appears in scouring the documents and American communiqués that they trusted the Soviets to behave themselves more than their close allies the British ! Eisenhower and many of his chiefs remarked in letters and in meetings that they could not understand why the British constantly mixed politics and military affairs.

To the British this represented reality and the best hope to avoid another world war with the Soviets after the defeat of Germany. Churchill and his advisors even preached that upon the war’s closing everything necessary should be attempted to revive Germany as a bulwark against the pending Soviet menace. The Americans felt that such targets as Prague, Berlin and Vienna were unnecessary military ventures that would endanger the lives of their men. If the Soviets wanted to shed more life in attacking these seemingly remote locations than the Americans were content to let them. The British just shook their heads in dismay unable to impress the Americans with their superior logic. Victory was attained but it set the stage for the Cold War.

The fact that the British survived the early years of the war when Germany swept all before it and that the British evaded a complete national disaster at Dunkirk and defeated the Nazi’s in the air during the Battle of Britain, issued during the remainder of the war and for a short period after it, an inflated sense of self destiny and strength and even an isolationist mentality. The collective suffering and emotional agony endured by the entire British nation also gave express an imbued spirit of egalitarianism. The depth of this communal desire was the most profound in British history and exercised a new faith in social planning and cohesion. During Churchill’s premiership in the war the most celebrated social reconstruction document of the period was the report by William Beveridge which outlined a radical scheme of comprehensive social security, financed from central taxation. This new state aided social plan included maternity benefits, child allowances, universal health and unemployment insurance, old age pension and death benefits – an entire cradle to grave policy. From 1940-45 Britain moved more rapidly to the left than at any time in history a move marked by the important positions Labour ministers occupied in the war government.

At the end of World War II in 1945, Britain was still one of the Big 3 powers, indeed it was ranked as a great power, an illusion that held until about 1963. The British still had their empire in 1945 and in the ensuing years they could still produce great artists and Nobel prize winners, but much to the chagrin of Churchill and the leadership class British glory was long past. The rapid decolonisation of most of its empire — India, Pakistan, Burma, Sri Lanka — and parts of Africa shedded from British finance much unneeded expense and worry, and solidified Britain’s secondary role in world affairs subordinate to the USA and Russia.

Success in conflict notwithstanding the British electorate in the 1945 general election shockingly kicked Churchill and the Conservatives from office by an overwhelming share. For the third time the Labour party was called forth to govern. Churchill after leading the democracies to attain the supreme glories and garlands of success instantly found himself shorn of privilege and casted into opposition. It was a role he obviously did not appreciate. For Churchill defeat was only explained by the plain fact that people believed his government to be a war council, unprepared for the extended restructuring of society that peace demanded. Labour presented a sharper and more intelligent platform and catalogue of change. The Conservatives were quite content to rest upon Churchill’s name and ignore the organisation and deliverance of a viable alternative to the Labour programme.

Whilst Churchill harried the Labour government and began the rebuilding of the Conservative party to respond to public and peace-time pressure he began the personal memoirs of the great struggle and in the absence of anything else offered by the other leaders – Stalin, Roosevelt, Truman, or Hitler – Churchill was able to dictate on the best terms and in the most convincing language possible, his and Britannia’s exalted position in the struggle against evil. It was an incomparable success, ensuring that in times forward, historians would favourably compare the works of Thucydides and those of Churchill. Both men represented and recorded their times and events on an unparalleled scale.

What Churchill was able to offer the reader was a glimpse into the details of history’s most horrible man-made disaster. The wicked folly of the conflict was evident at the war’s end. Whole nations lay in ruins. Towns, cities, industrial plants and transportation facilities were erased. Food and life essentials were unavailable to great migratory populations. Cynicism and disillusionment in Europe and elsewhere bred the shift to the political left. Marxism replaced Fascism as an acceptable form of social order. Communism erupting from poverty, spread like an open wound across Asia and Europe. With the complete eradication of Nagasaki and Hiroshima the nuclear age dawned. Moral questionings loudly divided those in the West over the usage of weapons of such finality – especially against a prostrate Japan. Dropping two bombs three days apart on a nation that was in the process of trying to negotiate an exit from the war seemed to many morally reprehensible. It was an inauspicious beginning to the scientific era.

The United States and Russia emerged from the rubble of the war as opponents. Russia was mauled and mutilated by the war with over 20 million dead and whole sections of her country raped. The USA stood at war’s end possessing a massive ego and the greatest economic supremacy in history. The big two were joined by the little third – Great Britain – and the three during the war and after drove the discussions regarding the build up of the United Nations. Most vexing to the Allies in the construction of the United Nations Assembly was whether members were obliged to surrender part or all of their own independence to the new body in order to maintain peace. How would it be possible to invest such a supranational body with enough force to enforce decisions ? How would the large powers relate to the smaller in the decision making of such a forum ? At Moscow in 1943 the Big Three resolved many of these issues and in Washington in 1944, joined by China, hammered out the shape of the new international body. At the Yalta conference in 1945, the Big Three came to terms on the matter of securing for each of the major powers the right to veto decisions of the new international body. This allowed the creation of the UNO charter at San Francisco in April 1945 which clearly identified the principles and responsibilities of the new organisation. Fifty one founding nations signed the document and in September 1945 the UNO opened its headquarters in New York.

Comprising the UNO were principally the Security Council, the General Assembly, the Economic and Social Council, the International Court of Justice, and the Secretariat. Most power resided in the Security Council which was given the task of maintaining the peace. Five permanent members sit in the council; the United States, the Soviet Union, Great Britain, China and France and six other nations are elected for two year terms as non-permanent members. The permanent members retained veto power with all resolutions needing the consent of the five permanent nations before passing.

In contrast to the Security Council the UNO General Assembly was shaped by all the member states each wielding one nation one vote rights. International problems are to be solved in an open forum and mandates need to be passed by majority vote. This effectively gives the smaller nations more voice in international affairs. The Secretariat acting as the permanent secretary of the UNO concerned itself with internal operations with its Secretary General the highest profiled member of the UNO, exerting wide diplomatic powers emanating from the prestige of the office.

Thus the founding of the UNO was an expression of hope by the survivors of the Second World War. Quickly this vision was marred and jaded by political ineptitude and quivering resolve by the UNO in major affairs. There was little effective work during the Cold War that could be resoundingly accomplished. This war which was contested by two sides that viewed the other as monolithic or controlling inimical forces, could never have been settled via diplomatic channels. The mental straitjackets of both sides; with the Soviet Union believing that the capitalist West controlled by a few monied financiers who desired the destruction of communism and especially the Soviet Union and which would never grant the Russians fair credit in defeating Hitler; and the West believing that Russia controlled the communistic movement world-wide and that communism and especially Russia wanted to overthrow the better functioning liberal states, could only end with the breakdown of one of the combatants. The demise of Marxism gave spring to the hope of a liberal-democratic world.

The major events since 1945 can be summarised in a short list;
- The Collapse of Communism
- The Triumph of Capitalism
- The beginning of the High Tech Era
- The Decline of the USA and the re-emergence of Europe, Japan and China
- The Fragmentation of parts of the world into tribes
- Ecological dislocation
- Growing disparity between the have and have-not nations
- Emerging militant Islamism
- Questioning over the role of the UNO

The most momentous and important event however has been the spread of globalism. Economically, morally, and spiritually people are viewing themselves regardless of race, kin, geography or circumstance as belonging to the entire human race and not a limited defined tribe. Though tribalism in some areas of the world is taking hold even within these identified units a greater consciousness is emanating out to the rest of the globe that though distinct there resides a desire and need to be integrated into a global framework. Economics, peace and ecological salvation commonsensically dictate this. So do the various images from space capturing a small blue ball in the surroundings of space. Somehow this humbles even the largest of egos. So even as, in some parts of the world, balkanisation is shattering mature states, the pieces will still be forced to bond not only together but somehow they will need to align themselves to the greater puzzle that resides outside their narrow borders. It is only by collective effort that the solutioning of poverty, ecological rapine, and the stoppage of war can be peacefully effected.

Churchill died just after the Cuban missile crisis during a bitter period of Cold War strife, which almost pushed the world into a nuclear confrontation. Though he felt certain of liberal-democracy’s triumph he did not see the maturity of his concept. And though he sustained an undying faith in the ability of man to overcome his worst problems we can be sure that without using the leadership skills presented through his example we will have a very difficult time indeed.

C. Read
http://www.articlesbase.com/business-articles/churchills-during-world-war-ii-and-its-aftermath-700338.html

Chain Reaction

After researching much of the information regarding the Informant system, I believe this is at the heart of much of the corruption that we are seeing in our society. In our justice systems and in our communities. I believe this system is enslaving large portions of society. I also believe that there are many of us that were and are blissfully unaware of what is happening and will remain so until it is too late.

There is a chain reaction that is happening in society that if left unchecked has the potential to infect and destroy the very core of society that we have all known and depended on. That is of course the snitching infection. I call it that, because there is no other way to describe some of the events that I have read about while doing research into the Informant system.

While researching this phenomenon I have come across people who one minute seemed like average decent persons, and the next minute after being caught up in the Snitching/Informant system were willing to sell their very mothers down the drain to keep themselves free. This is not going to be the case for every Informant, but it’s the case with too many that are a part of this system.

Once let loose back into society many will continue with a life of crime. others will continue with what I call the game.

The Game

The game is one of set up’s and betrayal where the Informant will try to set someone up for a fall. They will choose a target and the unsuspecting target will get caught up in a scheme of some kind, eventually be arrested, they do not necessarily have to have committed a crime, and then the informant will testify against the person they entrapped, or other informants will. Once this new person is caught up in the game, should they be turned informant then the cycle continues once again.

I don’t know how many Informants are a part of this game that is ongoing in society, but I suspect that the many are, and all of them once they decide to become informants are owned by the system, and their handlers. That means anytime the government wants or needs a favor guess who they will call upon? Do you begin to see the makings of a corrupt society? Remember they can call upon these informants years later after these informants have been let loose. Many of these Informants will also go onto have careers, and even become contributing members of society, but they are still owned by the state. A lot of these Informant deals are kept off the records, meaning that the person is owned by a handler, but there might not be an official record of it, but when that handler needs a favor, that Informant will be called upon, and will risk exposure if they do not comply.

[quote]For example, unlike a classic plea bargain, informant deals lack finality because an informant’s obligations are ongoing. Written co-operation agreements often extend a defendant’s obligations into perpetuity, while informal, unwritten agreements last as long as the police or prosecutor wishes to use that informant.[/quote]

To understand how the game works, we will review three case studies. These are just a few of the many that I came across when reading the stories on the wall. It’s a continued pattern of set up on unsuspecting pigeons, and hardened Informants who will do what they need to do to stay out of jail.

http://www.november.org/thewall/wall/wall.html

Before we review the case studies I am going to again remind you of some statistics.

http://www.aclu.org/images/asset_upload_file744_30623.pdf

[quote] as many as fifty percent of African American males in some cities – are in contact with the criminal justice system and therefore potentially under pressure to snitch. By relying heavily on snitching, particularly in drug-related cases, law enforcement officials create large numbers of informants who remain at large in the community, engaging in criminal activities while under pressure to provide information about others. These snitches are a communal liability: they increase crime and threaten social organization, interpersonal relationships, and socio-legal norms in their home communities, even as they are tolerated or under-punished by law enforcement because they are useful.[/quote]

[quote]The uncoordinated, widespread use of informants in the United States by thousands of different police departments and various federal agencies does not of course, amount to the focused, purposeful political mission of the Stasi. But if anywhere near eight percent of the male population in inner city communities is snitching, that figure meets or surpasses Stasi level of between one and ten percent of the total population as informers.[/quote]

http://november.org/stayinfo/breaking08/HoffmanCase.html

[quote]If things had gone according to plan, you never would have heard of 23-year-old Rachel Hoffman. She would have just been another confidential informant, one of more than an estimated 100,000 in the United States who work with police to send someone else to jail.[/quote]

These figures do not include people who are informers via work, school, or community group programs. When we take into consideration numbers such as that, we are looking at an epidemic that is worst than what happened in East Germany. Keep in mind that in addition to all this, there will also be 800,000 Terrorism Liaison Officers added to the Informant population in the United States. These figures should wake up America and other cities to the dangers of what is happening in various societies.

The Game

To understand the game you might want to picture it in the sense of how a disease spreads, you start with on carrier and that person infects one person right after another. Some of those carriers will go on to infect others. Some will be dormant and not infect anyone. You might also want to think of the movie lifeforce, where one has the constant need to feed on one person after another, then those victims need to feed on others. You can have a very sick and infested city in a short space of time if such an infection goes unchecked.

The game is one of the Informant being placed primarily back in society, but this could also happen in jail, where an informant via lies, deceit, entrapment or some other methods set’s up another person to take a fall. That person then come in contact with the criminal justice system, they can then choose to become informants themselves, or refusing to do so, will spend lengthy spaces of time in prison. This game is primarily enacted via drugs, but that’s not the extent of it. Shoplifting is another example. I see this used with the teenaged informants, setting up their friends to steal from the stores, so that they in turn can become snitches.

Theft, drugs, stolen cars, any crime that someone can make a deal with police to become informants, they can be released back into society and are a danger to the rest of society. This is not to say that all Informants are horrible people, many just did not want to be in jail, some others are a true danger to society, nearly all are under pressure by the government to produce other Informants, and that obligation is never ending, some are allowed to lay dormant, till they can be of use.

http://november.org/stayinfo/breaking08/FL-Hoffman6.html

[quote]In Hoffman’s case, it was the work of another informer that led to her own work for the police.

On April 15, an informer told Tallahassee police that Hoffman had sold marijuana in the past but hadn’t done so recently, according to police records.

At the time, Hoffman, 23, was in a pretrial drug diversion program because of charges of possession of marijuana and resisting arrest in February 2007. To stay in the program, she had to stay out of trouble.

Two days after police got the informer’s tip, a Tallahassee police officer stopped Hoffman as she was getting into her car
[/quote]

http://www.mapinc.org/images/Hoffman.jpg

Rachael Hoffman then went on to become an Informant. She first tried to set up a close friend and when that failed, the close friend helped her find the dealers who she tried to buy drugs from on behalf of the police. The sting went wrong and she was killed. Had this gone successfully, those drug dealers if they agreed to become informants might have been released back into society as Informants and the cycle would have continued. It’s a frightening cycle that has become more widespread than can be imagined.

http://www.pbs.org/wgbh/pages/frontline/shows/snitch/

Case number 2.

Joey Settembrino was a young 18 year old, just about to go off to college.

He was set up by an Informant. The Informant was a close friend of his. He use to spend his weekends at the Informants house.

[quote]He was a very good friend. I had known the guy for many years. We had gone out every weekend, fishing on his boat, hydrosliding, skiing. I was very shocked; it was very unexpected. It’s not something you expect from friends.[/quote]

In an Informants society, it’s what you expect from just about everyone and it makes people suspicious and closed off. This is what happened in East Germany once the population became aware of what was happening. In America many Americans are not aware that these types of games are being played. In these cases the targets were encouraged and did get into illegal activities, however that is not always the case, and many times innocent people who had nothing to do with illegal activities are still caught up in these games and convicted on the testimony of Informants.

[quote]He wanted me to go back to the house where I got the acid from and get something else. They wanted me to wear a wire and they wanted me to go back there … to buy some other type of drug, no matter what it was, whatever he had in the house, so they could set him up. Just a chain reaction, one gets to one, one gets the other and they just keep going. I told him that I couldn’t do that, that I didn’t get the drugs from that house. At that time I was really confused. I was shocked, and I told him that I couldn’t do anything for him. But he kept trying, he kept threatening, talking about a lot of time. “You’re going to do 25 years. You’re going to be in prison your whole life.” … He really tried to scare me. But I told him I couldn’t do anything for him … . [Eventually] they went back to the house in which I got it from, they arrested the other guy, my friend [who I bought the acid from]. And he’s now doing a 10-year sentence along with me.
[/quote]

Joey said it best. This is like a chain reaction that just keeps going and going. One get’s one, then another and another and another. Those in turn get others and the cycle continues. Remember it’s not just drugs, and it’s not just the guilty that are being caught up in this game. If we review cases of Gang Stalking, we hear of men who thought that a woman had entered their life for the sole purpose of setting them up to look like a rapist or something else.

There are stories of targets being framed or other set up’s, and there are targets that do turn informant and then go back into society and try to harm other targets. This is happening in ever sector of society. Rachel, Joey and even Clarence were all going off to college, or had finished college when they were caught up in these stings.

Joey refused to become a snitch and thus spent 10 years in jail. His friend that set him up, who had been caught for drugs himself, was back on the streets, selling drugs, and setting up at least 11 or 12 others in the first year that Joey was in jail.

[quote]
Do you know why they wanted you?

I’ve asked that question, I’ve asked myself that a thousand times, “Why me? Why did he set me up?” …
[/quote]

In this game that is happening, I would say that they want just about everyone. They will get some people via community programs to be Informants, some via their places of employment, or community programs. Now the people who are informants via community programs and other legit means might not play the game of setting people up directly, but they are still part of the game, and they still work hand in hand with these others that are playing by a different set of rules. Many might not be aware of who they are working hand in hand with. At the end of the day, they all work for the state, government and all the orders come from the same sources.

http://www.pbs.org/wgbh/pages/frontline/shows/snitch/cases/aaron.html

Clearance is in jail because he introduced two parties that wanted to buy or sell drugs to each other. He had never been involved with drugs before, but one day his cousin called him up and asked him if he could find someone to buy drugs from. He said he knew some people and thought that they might be involved in dealing, he would check into it.

Clearances case is interesting because all the other parties who turned Informant received less time than he did. He does not know why his cousin and the others turned against him and lied, or why the prosecutor seemed intent on punishing him because he would not snitch and become an Informant.

[quote]What was it like having your friends testify against you?

Well, we’re sitting in the courtroom. These guys that I knew all my life came up, and they said [stuff] about me that wasn’t true, and they hurt me. It really truly hurt me, Robert and James really hurt me ’cause James is my first cousin. I looked up to him all my life. Robert was supposed to be my best friend at the time. We grew up together from playing Pop ball all the way up to high school ball together, and I couldn’t believe that they would sit there, in front of me … and say the things that they said about me … . [The] only thing I could say was it wasn’t true. But nobody believed me … . You had to have a fall guy, and I was that person.
[/quote]

It should be noted that the others involved all had prior drug convictions. Which means if they were out on the street and able to set him up, they were likely already Informants. He doesn’t know why they turned on him, but it’s possible that this might have been the idea from the get go. The assumption being that he would turn snitch and then be in a prime candidate on the college campus, a pawn to be used to set up other pawns, because that is how the game works.

[quote]Why did he do it?

Well, I had a opportunity to talk to James one time … . He said, “Man, I’m sorry, man.” I say, “James, why you do me like that?” He say, “Because I had no choice.” I said, “What you mean you have no choice in the matter?” He say “Because Miss Griffin say she didn’t want Bob to try your case.” She say if [he] didn’t cooperate and do what she told him to do, that she was going to hurt him worse in his case … . He say, “Well, the prosecutor Miss Griffin said if I don’t do it she going to put me in prison for the rest of my life … . I got to do what I got to do.”
[/quote]

He stats that the prosecutor pulled his cousin aside and when his cousin went back on the stand, his cousin lied. This is not the first time scenarios like this have happened, it can only be imagined what these prosecutors or handlers have on these Informants to make them sell out their own friends, and family.

[quote]And the real drug dealers are out —

On the street now. And probably doing the same thing they were doing before they went in. I just don’t understand.
[/quote]

He also does not understand, but if you review enough of these cases, you start to see a pattern and you start to understand, this is how the game works, and yes they are probably back on on the street looking for the next pigeon to set up, and try to turn them into informants.

It reminds me of something a forum member once told me. This guy said that he was set up because he met this woman online, who he dated only to discover that she was married. Her husband got mad and that’s why he thought he was set up.

The person on my forum pointed out that he had met the woman via some co-workers who introduced him to the website where he located this woman. The person on my forum suggested that he was probably profiled and set up by the co-workers who sent him to the site, knowing he would met this woman. The idea is that these games and set up’s take place long before the victim is aware that they are part of a game.

The Global outlook.

Targets of Gang Stalking complain that even when they leave countries such as the U.K., Canada, U.S. that the stalking continues. That is understandable we have seen muli-governmental corporation in other investigations.

What is not understandable and the most frightening sector of this is that various targets have moved to a variety of countries and they all report the same thing, Informants that are able to follow them 24/7.

This suggest that these Informant networks are getting global in nature. They are popping up in areas that are unexpected, and if this trend continues we will have a global surveillance society.

http://www.guardian.co.uk/world/2008/aug/04/israelandthepalestinians.middleeast1/print

[quote]Middle East: Israel’s secret police pressuring sick Gazans to spy for them, says report· Treatment only offered to would-be informants
· Patients allowed to cross the border drops sharply[/quote]

The same situation is happening in Iraq where they previously had family structures that might have prevented Informant networks from spreading as rapidly. The country will be rebuilt and the Informant structure will be a part of it.

Why would a global surveillance society be necessary?

I will not speculate. I will however say that based on research many societies in history that had a dictator, tyrant, or despot who came to power and who wanted to pull off an unpopular agenda’s such as Hitlers Germany, or Stasi East Germany, employed an army of Informants. It’s the most effective way that a society can control, monitor and subdue the inhabitants.

Since history has shown us that these informant networks are often needed to move forward tyrannical agendas, then can it be assumed that if we could slow down or stop the chain reaction of the Informant movement, we might be able to stop some of the corruption that we are seeing in many areas of society?

Stopping the Chain Reaction.

To stop the Informant infection people need to be aware that there is a lethal chain reaction happening in many parts of society. They need the understanding of how the game is played, and awareness of how far spread and how far reaching it is.

In America prison system reform could go a long way towards fixing the system that has become corrupt. Then prosecutors would not be as dependent on the testimonies of Informants and the power could start to shift back.

The family structure. Communities with less stable family structures are more vulnerable to this system.

People need to be aware that these entrapment’s are happening at every level of society, ever profession in society, thus why it goes all the way up to the top.

If people are unaware, they will not realise the various ways that people can become entrapped, including using someone that you are in a personal association with, or who you just “accidentally” meet. Someone you have a business relationship with.

Some people they will use their own greed and stupidity against them. Other will be a deliberate trap, others will be framed and will have committed no crime. Not being aware of how this system works, many will quietly accept off the record deals, and thus become indebted to the state, able to be used at will. Remember this is happening at all levels of society. Rich, poor, black, white, male, female.

If you have a parent, grandparent that was a snitch, Informant, they might try to go after the next generation.

Your friends, family, co-workers, anyone that is an Informant not by choice but by force, can be a liability to an innocent person.

The problem is more widespread that many realise, and what’s even worst is the silence that surrounds this problem in society. Till it’s talked about, discussed, and exposed it will continue to infect society, and have far reaching and unimaginable consequences, not just for those caught up in the game, but for the many unsuspecting victims, targets, or pigeons yet to come. This is not just happening at local levels. Targets have moved to various countries around the globe and encounter the same type of surveillance network.

We must stop this chain reaction. Awareness and exposure are key.

Happy Holidays.

gangstalking
http://www.articlesbase.com/news-and-society-articles/chain-reaction-695386.html

Putting Civility Back Into Litigation

PUTTING CIVILITY BACK INTO LITIGATION

Our system of civil justice is an excellent one. However, as is often the case, the system is no better than those who run it. A well-designed automobile will not run very well if shoddy parts are used.

System Abuses

In our civil justice system, regrettably, many attorneys choose to abuse the system by filing frivolous motions and objections, being uncooperative, and requiring things to be done the hard way, rather than the easy way. Most attorneys are not seeking justice, they are seeking victory. Sanctions are difficult to obtain and thus, those who adhere to these “delay and abuse” tactics can benefit and prosper. Similarly, a gruff offensive attorney (close your eyes and see if you can imagine such) invites a lack of courtesy in return, which then creates a rapid downward spiral of behavior. Often times this anger and bitterness can cause a litigator to lose sight of the task at hand.

A potential solution to the problem of having to deal with our obnoxious “hide and seek” colleagues is alternative dispute resolution (ADR) procedures. Unfortunately, unless ordered by the court, many of these “delay and abuse” individuals do not desire to participate in ADR because it is contrary to their philosophical approach to litigation. However, for those who prefer a more civil approach to civil litigation, and those who follow court orders to participate in such, ADR can be extremely beneficial for the lawyers, clients, and judges.

Mediation

There are two types of ADR: mediation and arbitration. Mediation is simply a meeting in which both parties and counsel appear before a mediator who serves as a facilitator to try to resolve the dispute. Typically, at a mediation, there is a meeting between all the parties and counsel during which a brief overview of the case is presented and where some mediators will request the parties to state the strengths and weaknesses of their case. The group then breaks into separate groups, each consisting of party and counsel. The mediator then goes back and forth between the groups with dollar figures he has extracted from the various sides. Typically, the parties agree that the negotiations are confidential and that nothing said can be used as an admission in the litigation. The advantages of such a forum are significant.

In a smaller case, it is frequently not cost effective for either side to proceed with protracted litigation. Thus, a settlement will be a “win-win” situation in which both sides benefit, as much of the costs and delays of litigation are significantly reduced. Another significant advantage is that it gives the parties (or the insurance adjustor) and their attorneys to meet. Thus, the individuals involved become people and not simply claim numbers and files. Both sides have an opportunity to size up the credibility and presentation of the parties (and counsel) and an informal exchange of some information is usually obtained. This informal discovery can be extremely beneficial to both sides in evaluating the case. It also can reduce the cost of pre-trial discovery (exchange of information). Additionally, it is harder for some attorneys (and their clients) to pull off their offensive tactics in person. Many of us who would hang up on a phone solicitor would be less reluctant to slam our front door in the solicitor’s face.

Even if the case does not settle, the monetary gap usually narrows and the mediation may have been a catalyst to a resolution down the road. Also, learning that a case cannot be settled will save time during the litigation as the parties will focus on preparing for trial and not conducting settlement negotiations.

Binding Arbitration

Another type of ADR is binding arbitration. In Missouri, in a contract setting, it is important to remember that a “consent to arbitration” provision in a contract is not binding unless it is in 10-point capital letters, and contains the following language: THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. See Section 435.460 RSMo. within the Missouri Uniformed Arbitration Act.

Again, binding arbitration can be an expeditious way to resolve a dispute. In a personal injury setting, it can be extremely beneficial on smaller cases. It also is appropriate in a complex case that a jury might struggle with understanding, or in a contract case in which “jury appeal” will not affect the amount of the judgment. Obviously, it is helpful for those who are petrified to be in front of a jury, but if one is of that bent, they probably should not be handling litigation.

Obviously, the arbitrator(s) wields tremendous power as his or her decision is binding and can only be set aside by the courts in extreme circumstances such as: 1) the award was procured by corruption, fraud, or other undue means; 2) there was evident partiality by an appointed arbitrator or corruption or misconduct which prejudiced the rights of any party; 3) the arbitrators exceeded their powers; or 4) the arbitrator refused to postpone the hearing upon sufficient cause being shown therefore, or refused to hear evidence material to the controversy. See Section 435.405 RSMo. for a listing of reasons for which an arbitration award can be vacated.

Selection or Mediator or Arbitrator

In both types of ADR, the selection of the mediator or arbitrator (a “neutral”) is critically important. It is advisable to check out the arbitrator’s background, track record, and connections with the other side. If the other side has used this individual repeatedly as an arbitrator they probably have been happy with his or her decisions and that may be cause for concern. A mediator should be someone who will carry weight with the clients and other side and will not simply be a messenger or number carrier. A retired judge or a highly respected litigator can be an excellent choice when someone involved needs some sense talked into them. Someone who is persuasive is usually more effective, in my view. Typically, the fees are shared equally but obviously this needs to be addressed at the outset and confirmed in writing.

ADR, just as the name implies, is an alternative way to resolve a dispute. In appropriate circumstances and with the appropriate parties, it can be an excellent and civil way to resolve a civil dispute and avoid some of the pitfalls of a system that is run by people.

December 18, 2008

James Adler
http://www.articlesbase.com/personal-injury-articles/putting-civility-back-into-litigation-694015.html

Gordon Brown praises New World Order (19Feb10)

In a speech for the Communists (left) parities of the world, Gordon Brown gives his election speech were he praises the New World Order, where Communist governments around the world have smashed their economies to push the agenda of “the government will save you”, as they steal your rights and freedoms and democracy from under people’s noses.

This speech clearly shows that Gordon Brown is mad, and New Labour should be kicked out of power, as fast as possible, before the UK is totally destroyed as a nation.

Recorded from BBC News Channel, 19 February 2010.

Duration : 0:4:29

Read more…

A Balanced Strategy: Reprogramming Ngos and Enhancing Their Relevance as Development Partners in Sierra Leone

What should be the defining principle of the Koroma administration National Development Strategy is balance. President Koroma cannot expect to eliminate national development challenges through a unilateral political agenda, to do everything and coordinate everything based on his All People’s Congress (APC) party ideology. His APC party with its “corporate agenda” for Sierra Leone rolled over the incumbent Sierra Leone People’s Party (SLPP) in a run-off that reflected the expectations and desires of a majority of Sierra Leoneans for far-reaching socio-economic change, institutional reform and full inclusion of the mostly youth and indigenous poor. If Koroma is to succeed to reduce Sierra Leone’s grinding poverty and the creation of a more effective, inclusive and just state, however—and he must if his leadership is going to be different from the SLPP administration it replaced—he will need to set priorities and consider trade-offs and show understanding and offer support as he grapples with explosive issues of judicial reforms, corruption and development policy.

The strategy strives for balance in three areas: between trying to prevail in eliminating corruption in his government and preparing for other contingencies; between institutionalizing capabilities such as nongovernmental engagement and supporting the relevance of NGOs as development stakeholders and maintaining NGO’s existing organizational independence and strategic edge in terms of advancing national development objectives through community involvement; and between retaining those cultural traits that have made grassroots involvement in development work possible and discouraging behaviors of NGOs that hamper their ability to do what needs to be done. “In its broadest sense, the term “nongovernment organization” [NGO] refers to organizations (i) not based in government; (ii) not created for financial or material gain; but (iii) created to address concerns such as social and humanitarian issues of development, individual and community welfare and well-being, disadvantage, and poverty, as well as environmental and natural resources protection, management, and improvement” (Asian Development Bank).

Strategic Thinking

The Koroma administration’s ability to deal with performance problems of NGOs will depend on its capacity in handling corruption in government. To be blunt, to fail—or to be seen to fail—in addressing corruption in government would be a disastrous blow to the APC party credibility, both among party supporters and voters and among opposition adversaries. Sierra Leoneans want to see serious effort to address corruption and the injustices of the legal system in the country—and the people of Sierra Leone have lost all patience in this regard. Still, there will continue to be high expectations for Koroma’s zero-tolerance against corruption to be seen to work in Sierra Leone.

Given its endemic nature, corruption, poverty, and the tragic history of violence, Sierra Leone in many ways poses an even more complex and difficult long-term challenge—one that, despite a strong rhetorical effort, will require significant determination and commitment to punish drastically for crimes of corruption for some time. And given the country’s ever changing political game, the resounding victory of Ernest Koroma in the 2007 run-off elections could prove just another wrong turn along the road going nowhere. Sierra Leoneans have already started to question the leadership of Koroma, who in his inauguration in September 2007 announced his zero-tolerance stance against corruption, but “has not had a lot of luck with his cabinet” (The Africa Report). The instances of presumed corruption and shady dealings [the controversial Income Electrix power deal, the suspended Transport Minister Ibrahim Kemoh Sesay 700kg haul of cocaine deal, and the Attorney General Abdul Serry-Kamal Seventy Five Billion Leones Wanza saga] confirm the self-seeking and predatory activities of APC officials, “and that despite the best intentions announced by President Koroma, he [seems to] lack the moral standing and political backbone to implement his ‘zero-tolerance’ policy for corruption and his call for accountability of his cabinet” (The New People Newspaper).  Koroma still has to demonstrate he is following a drummer different from that of every Sierra Leonean leader of the past 45 years.

What is dubbed the war on corruption is, in grim reality, a prolonged, nationwide conventional campaign—a struggle between the forces of blatant corruption and those of moderation. Direct ACC engagement will continue to play a role in the long-term effort against corrupt officials in government and the private sector. But over the short term, a determined leadership may have to use draconian rules of engagement to ending corruption in Sierra Leone. Where possible, what the ACC calls prompt service in addressing corruption cases  should be subordinated to concrete measures by a strong presidency aimed at definitely promoting better governance, economic programs that spur development, and efforts to address the grievances among the discontented which justified the civil conflict that so badly destroyed the social fabric of Sierra Leone over the years. It will take the active engagement as well of NGOs in a collaborative effort over a long time to educate, rebuild and advance infrastructural development objectives.

Sierra Leone is unlikely to experience another civil war—justifiable by the injustices resulting from bad governance and rampant corruption—anytime soon. But that does not mean it may not face similar challenges in a variety of locales. Where possible, a government strategy is to employ indirect approaches—primarily through building the capacity of partner NGOs and their administrative processes—to prevent festering problems from turning into crises that require costly and controversial direct civil conflict. In this kind of effort, the capabilities of the government’s allies and NGO partners may be as important as its own, and building their capacity is arguably as important as, if not more so than, the partisan bickering the government has to deal with.

The recent past vividly demonstrated the consequences of failing to address adequately the dangers posed by bad governance. Rebel networks found sympathy among Sierra Leoneans and strength within the chaos of social breakdown. The small-arms infested State quickly collapsed into chaos and criminality and the worst of catastrophes befell the Sierra Leone homeland—towns and villages were reduced to rubble by rebel attacks as a result of the failed State. The kinds of capabilities needed to deal with such a historically dismal scenario cannot therefore any longer be played down with political rhetoric. Even the smallest of crimes of corruption should require stringent and uncompromising methods of investigations and punishment to avoid this failed State scenario. As Transparency International chair Huguette Labelle has noted, “Stemming corruption requires strong oversight through parliaments, law enforcement, independent media and a vibrant civil society. When these institutions are weak, corruption spirals out of control with horrendous consequences for ordinary people and for justice and equality in societies more broadly” (NGLS Go Between).

In many ways, the country’s national development capabilities are still coping with the consequences of the 1990s, when, with the complicity of the civil war, key instruments of the government of Sierra Leone regulatory mechanisms were reduced or allowed to wither on the corridors of power.  

“Sierra Leone has been a major recipient of foreign aid since the end of a devastating 11-year civil war in 2002. But government, donors and citizens are all questioning how effectively this aid is being used. Allegations of misappropriation of donor funds, both by government actors and NGOs, threaten this inflow. One of the government’s principal partners, the British Department for International Development, withheld aid in protest against such anomalies, for most of 2007 and early 2008 (Fofana/IPS, Freetown). Besides, the Government of Sierra Leone has not maintained a constructive relationship with NGOs.  However, the global push towards reducing poverty has created a new convergence among development practitioners and policymakers as the means of increasing access to new initiatives that will promote good governance and help reduce poverty. Citizen participation has increasingly been taken seriously to increase opportunity for lower income and other excluded populations whose interest are marginalized in classic representative institutions to influence policymaking processes. The government is beginning to appreciate the relevance of civil society in development—that community development lies at the heart of a strong, association-based civil society.

In this regard, the Koroma administration can assume more of the tasks of fostering effective collaboration with local and international NGOs for peace, security and development. To truly achieve victory as the High Level Forum on Aid Effectiveness defined it –“to bring new voices into a review of how aid is managed, and to sketch out a course for greater transparency, accountability and ultimately impact on the lives of the world’s poor—to attain a political objective” (Fofana/IPS, Freetown)–the Sierra Leone Government needs an NGO Coordination Unit whose ability to facilitate the diversion of huge donor funds to the NGO community is matched by its ability to use active evaluations and reviews as learning tools for itself and its development partners.  “The role of the Sierra Leone Association of NGOs (SLANGO), formed in January 1994, to coordinate NGO activities in order that efforts are not duplicated and resources not wasted” (BNET Business Network) has to be differentiated from what the NGO Unit at MODEP is doing; also to understand SLANGO’s relevance in development work.

Given these realities, the NGO Unit of MODEP has, however, been seen to make some impressive strides in recent years. “The revised National NGO Policy following the wide range of consultations held at national and regional levels with the involvement of all stakeholders especially the NGO Community, Line Ministries and Civil Society in the preparation of the policy [was a laudable effort]. The NGO Unit facilitated several meetings with other ministries particularly the Ministry of Finance, the National Revenue Authority (NRA), the Ministry of Labor and other stakeholders to discuss among other things: Duty Free Concessions, Resident/Work Permits and Taxation etc.” (NGO Unit/MODEP).

It can also be suggested that a New Development Operations Manual for a New National Development Strategy is developed to incorporate the lessons of recent years in NGO service delivery doctrine. “Train and equip” programs will allow for quicker improvements in the development capacity of partner organizations. And various initiatives should be undertaken that will better integrate and coordinate government efforts with civilian society agencies as well as engage the expertise of the private sector, including nongovernmental organizations and academia.

Organizational Problems in Perspective

Even as international NGOs hone and institutionalize new and modern management methods, the Sierra Leone Government still has to contend with the organizational challenges posed by local NGOs. The images of NGOs seen by many local people as corrupt and undeserving of support are a reminder that these Civil Society Organizations (CSOs) and their management processes do still matter.  NGOs in the country should be seen to improve their and several partners’ documentation of results, including the development of good monitoring indicators.

In addition, there is the potentially toxic mix of inadequate financial management of NGOs and inadequate reporting on budgetary issues to the Government of Sierra Leone’s NGO Unit. What all these problems portend is that the monitoring of development aid continues to be a major challenge for Sierra Leone and that a thorough framework of monitoring both recurrent and development activities must be put in place. The Government of Sierra Leone cannot take these organizational issues of NGOs for granted and needs to invest in the programs, platforms, and personnel that will ensure their relevance as development stakeholders.

But it is also important to keep some perspective. As much as the MODEP’s NGO Unit has come up with revised policy regulations with collated information in respect of funds disbursed by donors to NGOs for the implementation of programs it must be remembered that what is driving MODEP is a desire to exorcise the sloppy performance of NGOs over the years and to make them more relevant as development stakeholders—not an ideologically driven campaign to micro manage NGOs in the country. “Understandably, the logic behind massive NGO presence in Sierra Leone was to create a civic culture, pluralize the political, economic and social arena and bridge the gap between the masses and the State. So NGOs thus act as intermediaries between, what donors call ‘the unorganized masses’ and the State and are expected to represent the people and express their voices in policymaking. In fact, among NGOs is a small sector of voluntary organizations that genuinely monitor regimes, engage in advocacy on behalf of the poor and serves as watchdogs in ensuring that government contractors deliver services”.

It is true that the Poverty Reduction Strategy Paper (PRSP) with clear link to the Millennium Development Goals (MDGs) is the main focus of Government and its development partners. “The PRSP calls for pro-poor sustainable growth. However, achieving this means maintaining macro-economic stability IMF-style with low inflation and strict fiscal deficits, despite research by CSOs and development agencies which seriously question the poverty impact of these types of policies” (European Network on Debt and Development). NGOs’ participation was recognized in the process. NGOs could now play an active role in the implementation process by shifting their interventions and assistance from relief/humanitarian programs to sustainable infrastructural development programs. Answerability and transparency, adequate financial management and adequate budgetary reporting are to be the watch words in the new dispensation.

NGOs in Sierra Leone may have their organizational problems, but they can be quite relevant stakeholders in promoting people’s participation in poverty reduction programs. Use of funds has not been cost effective for most NGOs but the thematic areas most of these NGOs focus on (health, education, skills development, micro-finance, skills training, etc.), are relevant for the end users that are often poor and vulnerable children, youth and women. These are priority support areas that are in accordance with Sierra Leone’s development priorities and the PRSP as well international development agencies’ priorities.

Now that the performance bar has to be raised for the government and NGOs following their dismal performance in terms of handling aid money, the Sierra Leone Government must now endeavor to maintain a credible strategic relationship with NGOs through effectively evaluating, reviewing and monitoring their activities. Toward this end, the steps the NGO Unit at MODEP is taking to return excellence and accountability to NGO stewardship are commendable. Presidential and Parliamentary oversight may also be necessary for a more reliable and sustainable NGO Unit coordination effort.

When thinking about the range of strengths, weaknesses, opportunities and threats (SWOT) of non-governmental organizations as development partners in Sierra Leone it is reasonable to understand that NGOs come in many shapes and sizes. Data used in the SWOT analysis stem from multiple sources including statistical reports, literature review, regulations and policies, and research articles by NGO professionals. These findings should provide a valuable reference for the Government and the international development community who are interested in developing excellence in the civil society organization which interestingly can provide some feed back into the effectiveness aspects of the development analysis.

Strengths

Grassroots (local) NGOs

• Have a positive presence on the ground.
• Demonstrate ability to seek common ground and commitment to poor and marginalized grassroots populations.
• Enjoy confidence and trust of local populations.
• Have experience-based knowledge of cultural, political and socio-economic conditions of indigenous populations.
• Understand vulnerabilities unique to local beneficiaries.
• Can achieve extreme flexibility with fewer resources and lower costs.
• Possess valuable experience, content and fundamental working knowledge about local trade issues and business contacts in their field.

International NGOs

• Have global appeal and have developed industry-wide reputation for positive work.
• Good at generating and mobilizing resources and core competencies for their operations.
• Ability to resolve issues of legitimacy and to address political and policy constraints.
• Ability to harness expert opinion to influence public opinion and policy-makers.
• Have paid core staff to ensure the quality of project work.
• Possess valuable experience, content and fundamental working knowledge about international trade issues and the labor market and business contacts in their field.

Weaknesses

Grassroots (local) NGOs

• May have limited financial and expert resources to support end-user development.
• May have limited strategic perspectives and weak linkages with other actors in development.
• May have limited managerial and organizational capacities.
• May sometimes miss the big picture on macro perspectives on capital markets, economy and geopolitics vis-à-vis community development.
• Indigenous NGO operators may be prone to corruption.
• Because of their voluntary nature, there may be questions regarding their accountability and credibility.
• May have difficulty managing operations on financially sustainable basis.
• Are not sustainable on membership fees alone.

International NGOs

• Some advocacy NGOs working to influence the policies and practices of governments, development institutions have limited implementation capacity.
• Questions sometimes arise concerning their motivations and objectives, and the degree of accountability they accept for the ultimate impact of policies and positions they advocate. Sometimes accused of “selling out” when they work with government or corporations.
• May find it hard to placate or manipulate special interests.
•  Suffer fluctuations in maintaining non-profit donations revenue streams.
• May have limited experience with poor populations and operations may not reflect the needs of communities.

Opportunities

Grassroots NGOs

• Can effectively work with community partners to assess local problems and opportunities and to promote export development programs.
•  Ability to implement successful training programs and advance participatory development.
• Ability to integrate their local expertise and experience in health and education initiatives in community development programs.
• Can be clearing-houses for local trade information.

International NGOs

• Ability to work out credible partnerships with government and private corporations to mobilize public opinion to increase influence on poverty reduction programs and trade issues.
• Effective at bringing the voice of efficient organizational practices into NGO work in developing countries.
• Ability to contribute sector-specific expertise to help producers add value, improve quality and find new export markets.
• Quite familiar with political and social accountability mechanisms that complement their interventions and advocacy work.

Threats

Grassroots NGOs

• Isolated and poorly coordinated efforts may have negative program outcomes.
• Lackluster relationship with trade and export development corporations causing unsustainable initiatives and lack of trade development solutions.
• Lacks technical capacity to connect poor people with trade and export opportunities.I

International NGOs

• Tendency to ignore the voices of the poor represented by the experience and professional input of local agencies when defining the dialogue and public understanding of trade and development issues.
• Inclination to compete by lobbying against one another thereby distracting policy-makers on major issues.
• Often accused of hijacking the macroeconomic policy making dominated by technocrats and external consultants in the process.

Overall, by sorting the SWOT issues of grassroots (local) and international NGOs into planning categories one can obtain a system which presents a practical way of assimilating the internal and external information about NGO work in Sierra Leone, delineating short and long term priorities, and defining and developing coordinated, goal-directed actions, and allowing an easy way to build management teams which can achieve the objectives of development growth and the essence of civil society. In reality, as the philosopher Michael Ignatieff has noted “without civil society, democracy remains an empty shell”. One can expect to see the efficacy of Civil Society Organizations to influence members of the wider public that adhere to their values and beliefs to engage in development programs at State and community levels.

Therefore, notwithstanding local NGO’s relatively dismal record they are still clearly quite relevant to the development equation. NGOs strengths can be harnessed with well coordinated capacity building programs.  Conversely, international NGOs can develop a partner strategy of supporting and working through strong professional local partners as an effective tool for having a greater development impact than being a self-implementing agency. NGOs can also be very effective as learning organizations by providing important support to build their own staff’s and partners’ capacities, through individual training activities, annual partner meetings and conferences, learning exchange between partners, and partner self-assessments of training needs.  Moreover, NGOs can also be very effective with regular active evaluations and reviews as learning tools for themselves and their partners.

Just as one can expect learning should be at the heart of these organizations, so too, should the Government of Sierra Leone seek a better balance in the portfolio of capabilities it has—the types of programs against corruption in government fielded, the punishment in place for crimes of corruption, the training done.

Moreover, given the development challenges Sierra Leone is struggling with—and given, for example, the struggles to field up hospitals and clinics, schools and colleges, maintenance of urban and rural roads, and the HIV threats to the society—the time has come to think hard about how to institutionalize the capabilities of NGOs and get them adequately fielded quickly. The NGO policy modernization programs of the NGO Unit at MODEP should seek a 99 percent solution to the organizational limitations of NGOs in the country and to build the kind of innovative thinking and flexibility capable of supporting rigid development processes.

Sustaining Organizational Performance

The ability to fight corruption in government and empower NGOs sometimes simultaneously fits squarely within the finest traditions of good governance, more so because adequate financial management, including adequate reporting on budgetary issues is key to sustained organizational performance of NGOs. For most NGOs in Sierra Leone, unsatisfactory practices with regard to vehicle and fuel use, procurement procedures and weak financial reporting and accounting are weaknesses which are also typical issues in bad government. Improving documentation of results, including the development of good monitoring indicators is also essential for sustaining organizational performance. The non performance of NGOs is coming at a frightful human, financial, and political cost. There has to be organizational improvements in government so that NGOs can be more resourceful and relevant to the development equation.

One of the enduring issues the NGO Unit at MODEP’s struggles with is whether personnel and organizational systems designed to coordinate the work of NGOs in the country will be able to reflect the importance of advising, training, and equipping NGOs in Sierra Leone—something still not considered a career-enhancing path for the best and brightest organizational development experts.  Another is whether the revised policy regulations can be adapted well enough and fast enough to empower NGOs—or, more significant, to build the capacity of local NGOs to make them more resourceful.

One can make the argument in favor of institutionalizing NGO skills and the ability to conduct stability and support operations. This has to be done and is necessary for maintaining the current advantage of the relevance of NGOs as development partners. Apart from recent revisions of NGO policy regulations there has been no strong, deeply rooted constituency inside MODEP or elsewhere for institutionalizing the capabilities necessary to support NGO work in Sierra Leone—and to quickly meet the important needs of civil society organizations engaged in development work in Sierra Leone.

Think of the important work of NGOs in Sierra Leone.  NGOs often make the impossible possible by doing what governments cannot or will not do especially when new challenges crowd the national agenda. Increasingly, NGOs operate outside existing formal frameworks, moving independently to meet their goals and establishing new standards that governments, institutions, and corporations are themselves compelled to follow through force of public opinion.

Some humanitarian and development NGOs, for instance, have a natural advantage because of their perceived neutrality and experience. Amnesty International – Sierra Leone Section, for example, (as listed on the webpage directory of NGOs maintained by UNDP Sierra Leone promotes and protects human rights through advocacy and human rights education—maintaining documentation on human rights abuses and violations carried out during the ten year rebel war in Sierra Leone which proved helpful to the TRC in Sierra Leone. Other groups such as the Campaign for Good Governance (CGG) is a democracy-supporting NGO in Sierra Leone which promotes the building of democratic institutions, transparency and accountability in government, active citizen participation in the political process, voter education, human rights, and the rule of law. The Catholic Youth Organization (CYO) organizes religious, educational, social and cultural programs to meet the spiritual, mental and recreational needs of members. The Centre for Coordination of Youth Activities provides training in leadership, peace building, skills development, and community development. The Kailahun District Development Foundation (KADDF), a district-wide non-governmental organization offers viable solutions to the pervasive problems of poverty and serves as a clearinghouse for outside agencies interested in carrying out programs in the Kailahun district. The Sierra Leone Adult Education Association (SLADEA) helps to reduce the high rate of illiteracy among adults in the non-formal sector; to enlist the co-operation and support of other NGOs with a view to motivating various forms of people’s participation especially women and youth in national development; to achieve public recognition and support for non-formal education sector. FORUT’s thematic areas (health, education, skills development, micro-finance, skills training, etc.), are relevant for the end users that are often poor and vulnerable children, youth and women. Action Aid is one of the largest NGOs operating in Sierra Leone promoting food security through agricultural programs to ensure seeds are available and crop production continues.

There is no doubt, therefore, that modernization programs will continue to have, and deserve, strong institutional and parliamentary support. There has to be the enabling environment needed to make sure that the capabilities needed for the complex organizational issues of NGOs also has strong and sustained institutional support over the long term. The need for an NGO Unit establishment that can make and implement decisions quickly in support of NGOs working in Sierra Leone is necessary.

In the end, the NGO capabilities needed cannot be separated from the cultural traits and the management structure of the institutions the Sierra Leone Government has: the signals sent by how funds are managed, what projects are funded, what skills are used to implement projects and how personnel are trained. As Foreign Minister Lloyd Axworthy has said, “Clearly, one can no longer relegate NGOs to simple advisory or advocacy roles. . . . They are now part of the way decisions have to be made.”

As Yale professor Steve Charnovitz has observed, NGO involvement seems to depend on two factors: the needs of government and the capabilities of NGOs. A good democracy encompasses all NGOs which strive to create formal but flexible systems fostering dynamism and self-adjustment. NGOs ought to be a part of the alternative development paradigm, because the State, its institutions, and public policy, are unable to address a host of issues of underdevelopment all alone.

Evidently, there are many NGOs today in Sierra Leone in different shapes and forms with substantial amounts of donor and individual funds being diverted through them for developmental purposes. These NGOs are thought to be participatory, community-oriented, democratic, cost effective, and better at targeting the poorest of the poor, although in recent years, the nimbus of righteousness around NGOs has almost disappeared, and there is wide acknowledgement of their inability to deliver what is expected from them. Many lessons, however, about NGOs in Sierra Leone present themselves. Two of the most important are an understanding of organizational challenges and a sense of determination to change. The determination and national reach of NGOs has been an indispensable contributor to national peace and stability. The NGO Unit at MODEP should be clear about what effective organizational management by competent operators of NGOs can accomplish. No matter what their aims, all organizations share two things in common: They are made up of people, and certain individuals are in charge of these people. NGOs therefore need strong managers to lead its staff toward accomplishing development goals. And these managers are more than just leaders—they are problem solvers, cheerleaders, and planners as well.

Think of the intricacies of management, for instance. No matter what type of organization they work in, NGO executives are generally responsible for a group of individuals’ performance. As leaders, they must expect their fellow workers to work earnestly to reach common NGO goals. As the management guru Peter Drucker said, “Executives owe it to the organization and to their fellow workers not to tolerate nonperforming individuals in important jobs.”

In national affairs, “aid can work where there is good governance,” the United States Congressional Representative Lee H. Hamilton wrote in his book on – A Legacy of Honor: The Congressional Papers of Lee H. Hamilton, U.S. House of Representative 1965-1998 Indiana Ninth District, “… and usually fails where governments are unable or unwilling to commit aid to improve the lives of their people.” It is thus believed any responsible National Development Strategy for Sierra Leone should provide a balanced approach to enhancing responsibilities and preserving the relevance of NGOs as development partners.

Kenday S. Kamara
http://www.articlesbase.com/non-profit-organizations-articles/a-balanced-strategy-reprogramming-ngos-and-enhancing-their-relevance-as-development-partners-in-sierra-leone-741482.html

Learn the Top Reasons Behind Poor Performance & Availability With Microsoft Exchange

As a professional, your clients know they can depend on you, and that you are there for them. But what happens when your technology is not there for you? Imagine you are on the phone with your client, telling him with great pride that at long last the document he has been waiting for is complete. While you chat, you attach the document to an email, send it off…and wait.

And wait. The email is no longer in your outbox and not in his inbox. You double-check the email address, and as the conversation becomes more and more awkward, you assure the client that the document really does exist and there really was an email sent. He is frustrated and you are at a complete loss. You decide you cannot wait any longer and switch to your personal Hotmail account to resend the document, which may or may not work immediately either. The result is wasted time, and if you switched email systems, you no longer have a cohesive record of the exchange.

Your system administrator will list a number of reasons why this incident happened, reasons that are beyond his control:

• Junk mail folders
• Anti-virus systems
• User errors
• Bottlenecks in the Internet that day

The real reasons may actually run much deeper, which means that this lost email will not be an isolated incident.

Lost Emails Mean Lost Opportunities

Consumers, accustomed to fast responses through websites, are quickly losing their tolerance for slow email responses. Evidence of this can be seen through a recent study by the WAV Group, who claims in the real estate industry, the first agent to respond to a customer email inquiry has a 73% chance of securing the business. The third to respond has virtually no chance.[1] Similarly, a study conducted by Vodafone released in December of 2008 estimates that lost opportunities due to failures to reply promptly to email messages cost businesses approximately $27,000 a year.[2]

What about email that goes missing entirely? This summer Apple Corp admitted to “losing” 10% of their MobileMe subscribers email between July 16th and July 18th.[3] A wave of blog posts have popped up as a result of this problem, with subscribers making claims of everything from lost job opportunities to lost business. We tend to view email as a low cost service, yet clearly when it fails, the costs can be startling. Apple would only remark that the problem was due to a “serious issue.” So what exactly does happen to these wayward email messages, delayed or lost?

The truth is there are dozens of potential reasons for email delivery delays and errors. With complex business-grade email systems, like Microsoft® Exchange and Lotus Notes, there are many ways to build and configure a system. Some conform to the highest standards, while others barely meet the minimum requirements. With very little effort, you can determine whether your system had been adequately configured to suit your needs.

High Availability

As the name implies, High Availability is a system or network that is operational, or available, with a high degree of certainty and frequency. Ceryx, a Hosted Exchange provider, has made high-availability one of their primary focuses. With data centers in New York and Toronto, they have developed various technologies to replicate all messaging data in real-time and can fail over to the secondary facility in the event of catastrophe, allowing them to provide a real 100% SLA. While most providers tend to choose between high availability and high performance, all of Ceryx’s Microsoft Exchange deployments have been built to meet the highest standard of availability uptime without sacrificing performance.

One benchmark for testing an application provider’s performance is to log in to the webmail application and switch from the email view to the calendar view. Pick a folder with lots of messages in it and try sorting by “sender” and then clicking through the various pages. If there is a noticeable delay between these actions then your application provider’s performance may not be adequate.

A system’s availability is determined by numerous factors, each of which is examined below.

Architecture

Delays are often a result of high server RPC latency. RPC, or Remote Procedure Call, is how the Outlook client or the Outlook Web Access client (OWA) communicates with the Exchanger servers. RPC latency refers to the delay between initiating a request and its completion. RPC latency, as seen from the client, is a combination of networking latency and server latency. For good performance, the Microsoft guideline is 50ms average latency on the mailbox servers.[4] If mailbox server RPC latency averages much higher than this, the desktop user can experience “pop-ups” and warnings about problems with the connection from Outlook to the Exchange server. In the background, inbound and outbound email is not being processed as the system tries to catch up with other requests. Excessive “pop-ups” can become more than just an irritant; they can slow down a PC to the point of being unusable while Outlook tries to establish a connection to the server.

Ceryx aims to maintain an RPC rate 20ms or less. To do this, they have avoided the tendency of many providers who built their systems with less expensive virtualized environments and network attached storage. Instead Ceryx has invested in server clusters and high-end SANs (Storage Area Networks) at each of their data centers. SANs provide disk access performance, as well as redundancy through RAID configurations and fibre channel connectivity to the mailbox servers.

Many providers, in an effort to reduce costs, combine the Client Access Server and the Hub Transport Server (servers used to facilitate email delivery) on a single physical machine. This dual role can introduce latency at times of peak usage and throttle the ability to handle large outbound mail queues. Ceryx has engineered the Hub Transport role to ensure message queues can be quickly cleared even during periods of heavy load. By combining multiple, dedicated physical Hub Transport servers with the built-in round-robin load balancing capabilities of Exchange 2007, messages are quickly distributed to their destination on the internet. For legitimate email, hardware load balancing is used to ensure optimal performance of the critical Hub Transport role, which processes every single message that passes through the system.

Monitoring

Most hardware load balancing configurations can achieve both high performance and high availability; however, to sustain high performance and high availability – with a dynamic system like a Hosted Exchange deployment, where usage and load can vary dramatically – you must have an advanced monitoring system and the processes in place to scale the system in response to constantly changing variables.

Some providers install generic monitoring packages that tend to monitor every single metric available, whether the metrics provide meaningful insight to system performance or not. With Ceryx, every aspect of the environment from key metrics around SAN queue length through to standard metrics like CPU utilization and memory usage are closely monitored, trended, and understood. This information is used to develop highly accurate forecasting and scheduled system scaling. Any provider who has not invested in such monitoring tools and resources will just react to spikes in usage and load. Ceryx plans for them.

Breathing Room

Another major reason for email delays and poor performance can again be attributed to basic economics. A “store” is the unique databases for storing messaging data. With Microsoft Exchange 2007 Enterprise, there is a limit of 50 stores per server, with a Microsoft recommended limit of 200 GB for each store. Some providers will try to maximize the number of customers they can support by pushing these limits. Ceryx does the opposite. Ceryx maintains a maximum of 50 GB per store – one quarter of the maximum – in order to deliver the best raw database performance and protect against data corruption, common with larger stores. With these hard restrictions in place, it’s difficult to imagine how some providers – who offer mailboxes up to 4GB – are able to run a sustainable business and maintain high performance and availability.

IOPS

Economics may also drive another cause of poor performance: IOPS, a measurement of the number of times data can be written and read to disk per second, can vary widely per system. With Microsoft Exchange, IOPS capacity is directly related to performance and a heavy user can use up to 1 IOPS under certain circumstances. Each disk has a maximum number of IOPS it can support, so a careful ratio of users per array of disks is essential to maintain decent performance.

Ceryx is careful to maintain a generous ratio of IOPS per user based on real-world metrics monitored from its large user base, taking into consideration peak activities times and not just daily averages.

Routing Issues

To be fair, email delays and errors may occur outside your environment. In the scenario where your colleague was eagerly sitting and waiting for an email to arrive, it may have got stuck somewhere “in the cloud” – somewhere in between both of your email environments.

On a pre-sales and support level, Ceryx has developed a number of troubleshooting tools to help identify potential routing issues. As with any application “hosted in the cloud,” bandwidth is an important consideration when trying to ensure a positive end-users experience. Microsoft Exchange, which consumes 3 KB of a client’s internet connection per active user, is no different. Ceryx has developed a tool that simulates a series of network connections to determine if the client has adequate bandwidth to support their user base. Through this exercise they have discovered that – with any client moving from an on-premise environment to a hosted environment – any increase in bandwidth required is partially offset by decommissioning and offloading SMTP traffic, external connections spam traffic and attacks.

Spam/Anti-Virus

Of course the most notorious place a message gets “stuck” or delayed is in a provider’s anti-virus and spam filtering system. Ceryx runs seven different anti-virus products in its environment to ensure system health and email hygiene. That level of protection could potentially cripple an ordinary system that wasn’t built for high performance; however, Ceryx has not only sized their solution with the performance hit associated with anti-virus scanning in mind, but also closely monitors its environment to ensure email delivery is never compromised by spam and anti-virus filtering.

Beware of any provider who either ignores this potential performance hit or, worse yet, removes backend anti-virus all together. Removing anti-virus may appear to be a good way to control costs, as high-end solutions can be very expensive, but removing them allows viruses in, and once in, are often hard to then find, never mind remove. Ceryx’s system scans incoming and outgoing messages as well as messages in the store on a scheduled basis. A regular scan of mailbox databases is just as important as gateway anti-virus to reduce the instance of catastrophic failure.

Mobility

The benefits and usability of the Ceryx architecture can be measured not only on the desktop level but for mobile users as well, who share the same highly optimized and redundant environment. Ceryx also maintains fully-replicated BES (BlackBerry Enterprise Servers) in both its environments to maintain maximum mobility uptime as well. Forum Oilfield Services, out of Houston Texas, currently has 600 employees using the Ceryx Hosted Exchange solution, with almost 100 mobile users.

Beware of “Bargains”

Unfortunately the market is crowded with Hosted Exchange providers who are not as concerned about delivering a dependable and resilient solution as they are about keeping their costs low and selling high volumes of mailboxes. Providers that offer 3 or 4 GB mailboxes are ignoring the commonly held understanding that mailboxes of this size do not perform well and are highly susceptible to data corruption. That corruption is not limited to just the user in question, but can impact all users on that store, potentially even the entire server.

These providers can only offer mailboxes of this size at a bargain price if they compromise on some other expense – dedicated servers, SANs, anti-virus solutions or a fully redundant architecture. Of course the much greater expense is the lost productivity and opportunity that results from using a solution that was designed with the primary goal of meeting the lowest possible price point to compete with free solutions in the market, and not delivering Enterprise performance and availability.

Ask all potential vendors for the following:

• Customer references
  (Quiz the references about any down-time they may have experienced)
• The SLA
  Have a close look at the financial penalties if high availability is not maintained. Professional hosting providers, confident in their systems ability to maintain high availability, will include clearly worded conditions in their SLA around the exact fees that will be paid to a customer should they not maintain an acceptable level of up-time.

How Do You Measure Up?

A lost or delayed email could be viewed as a nuisance or as a warning. Purchasing decisions need to be fiscally responsible, but often, seemingly bargain solutions can have a devastating and costly effect in the long run.

So how does your system measure up? Using Ceryx as a control, measure the speed, versatility, and resilience of your system.

Ceryx

SLA: 100%
Latency: < 20 ms
GB / Store: 50 GB / Store
IOPS per User: High
Bandwidth Sizing Tools: Yes
Spam / Anti-Virus: Gateway + Mailbox Server, Integrated
Mobile Device Access: Redundant BlackBerry, ActiveSync
 
Ceryx customers share the belief that their data is their companies most valued asset. As the most used collaboration tool in business, an individual Microsoft Exchange account typically contains a blueprint of an employee’s tenure: their schedule, correspondence (and commitments), contacts, contracts and much more. Ceryx customers trust that this real-time journal is safe, available and always accessible.

Footnotes:
[1] The Wav Group: Gaining an Edge in Real Estate with Smartphones http://wavgroup.com
[2] The Open Press: http://www.theopenpress.com/index.php?a=press&id=42004
[3] Apple Support Forum: http://support.apple.com/kb/TS1953
[4] Microsoft Exchange Team Blog: http://msexchangeteam.com/archive/2005/09/28/411674.aspx
[5] Microsoft TechNet: http://technet.microsoft.com/en-us/library/bb738147.aspx

John Carthy
http://www.articlesbase.com/communication-articles/learn-the-top-reasons-behind-poor-performance-availability-with-microsoft-exchange-751535.html