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thellawtoknow · 5 days ago

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Kickbacks 101: A Legal Analysis

I. Kickbacks: A Legal Analysis II. Legal Definition and Elements of the Offense1. Definition in Statutory and Case Law 2. Essential Elements in Common Law Jurisdictions 3. Specific Sectoral Legislation and Doctrinal Refinements 4. Mens Rea and Burden of Proof 5. Comparative Legal Note III. Classification Under Criminal Law1. Bribery of Public Officials 2. Commercial Bribery 3. Fraud (Including Procurement Fraud) 4. Conspiracy and Organized Criminal Activity 5. Money Laundering 6. Administrative and Collateral Sanctions IV. Evidentiary and Procedural Challenges1. Nature of Evidence: Direct vs. Circumstantial 2. Whistleblower Testimony and Qui Tam Actions 3. Forensic Accounting and Financial Reconstruction 4. Use of Subpoenas, Wiretaps, and Surveillance 5. Mens Rea and Defenses Based on Intent 6. International and Procedural Barriers

I. Kickbacks: A Legal Analysis

Kickbacks constitute a serious violation of legal norms governing integrity in both public and private sectors. Recognized universally as a form of corruption, they are prosecuted under national and international anti-bribery laws. While often associated with white-collar crime, kickbacks carry significant legal consequences including imprisonment, financial penalties, and civil liability. This essay analyzes the legal dimensions of kickbacks, their classification under criminal law, evidentiary and procedural considerations in prosecution, and their place in international legal frameworks.

II. Legal Definition and Elements of the Offense

From a strictly legal standpoint, the concept of a kickback falls under the genus of corrupt practices, yet its particular species is distinguishable by its structural features: it is a concealed, reciprocal exchange that undermines the integrity of a transaction, typically in the context of public procurement or private contracting. While jurisdictions may vary in their statutory formulations, the definitional core of a kickback remains the same: an illicit inducement provided in exchange for preferential treatment or influence over a decision-making process. 1. Definition in Statutory and Case Law Kickbacks are often legislatively codified either as a subset of bribery, fraud, or commercial corruption. In common law countries such as the United States, the United Kingdom, and Canada, courts and legislatures have gradually refined the contours of the offense to include both overt and covert forms of inducement, and to apply in both public and private sectors. For instance, U.S. law includes multiple statutory frameworks that directly or indirectly address kickbacks. Apart from the Anti-Kickback Statute in the healthcare sector (42 U.S.C. § 1320a–7b(b)), the Federal Acquisition Regulation (FAR 52.203-7) imposes criminal liability on government contractors who offer or accept kickbacks in relation to subcontracts. Here, the statute explicitly prohibits “any money, fee, commission, credit, gift, gratuity, or compensation of any kind” provided for the purpose of improperly obtaining or rewarding favorable treatment. In United States v. Greber, 760 F.2d 68 (3d Cir. 1985), the Third Circuit held that if “one purpose” of the payment was to induce future referrals, the Anti-Kickback Statute was violated—even if other legitimate purposes were also present. This “one purpose test” sets a relatively low threshold for establishing criminal liability and has been affirmed in numerous decisions, thereby broadening the prosecutorial net. In civil law systems, particularly in jurisdictions following the Napoleonic Code tradition, kickbacks may fall under the offense of corruption passive et active, abus de fonction, or trafic d'influence. French Penal Code Article 433-1, for example, criminalizes both the act of soliciting and the act of providing undue advantages, with penalties up to 10 years of imprisonment and substantial fines. The emphasis lies not only on the exchange but also on the distortion of the legal or institutional function involved. 2. Essential Elements in Common Law Jurisdictions In jurisdictions governed by common law principles, the crime of kickback involves several constituent elements. Each must be established beyond a reasonable doubt to obtain a criminal conviction: - (a) Agreement or Understanding (Express or Implied): Unlike contract law, where clarity and explicit consent are required, in criminal law an implied understanding suffices. Courts look for a “meeting of the minds,” which may be inferred from conduct, communications, or patterns of behavior. A silent expectation of favor in return for a benefit may meet the requisite threshold. - (b) Benefit Conferred (Monetary or Otherwise): The benefit may take the form of direct payments, commissions, inflated invoices, employment for relatives, gifts, entertainment, or future job offers. The law does not require the benefit to be tangible or immediate—it is enough that it is intended to induce preferential treatment. - (c) Quid Pro Quo: A defining feature of kickbacks is the exchange element, the illicit reciprocity. The giving and receiving of benefits must be linked causally or purposefully to an official act or decision. In some cases, causation can be difficult to establish, and prosecutors may use circumstantial or expert evidence to show a pattern of corrupt exchange. - (d) Breach of Fiduciary Duty or Lack of Disclosure: Often overlooked, this component is what transforms a mere gift into a criminal kickback. The recipient is typically under a fiduciary duty—whether legal or ethical—to act in the best interest of an employer, a principal, or the public. When a benefit is accepted without disclosure and with the intent to bias decision-making, the fiduciary relationship is breached, and the offense is complete. 3. Specific Sectoral Legislation and Doctrinal Refinements Certain industries are regulated with heightened scrutiny due to their susceptibility to kickbacks. Healthcare and defense procurement are two such sectors. - Healthcare Sector (U.S. Law): The Anti-Kickback Statute (AKS) is a strict liability statute. It criminalizes not only completed transactions but also offers of remuneration. Moreover, knowledge and intent are interpreted broadly. As per the statutory language, “remuneration” includes transfers of anything of value. This expansive definition has allowed the Department of Justice to bring cases involving speaking fees, consulting contracts, and even research funding. - Defense Contracting (U.S. and EU): In the defense sector, kickbacks often take the form of subcontractor collusion. The U.S. Kickbacks Act of 1986 (41 U.S.C. §§ 8701–8707) prohibits any inducement offered to a prime contractor or subcontractor for favorable treatment. European Union law, while lacking a unified anti-kickback statute, incorporates anti-corruption clauses into procurement directives (notably Directive 2014/24/EU), allowing Member States to exclude corrupt contractors and seek damages for corrupted awards. 4. Mens Rea and Burden of Proof In criminal law, the mental state (mens rea) required to establish a kickback offense generally includes knowledge and willfulness. That is, the defendant must have known that the remuneration was unlawful and must have acted voluntarily in offering or receiving it. In civil cases, the standard is lower—often "preponderance of the evidence"—allowing liability to be imposed even in the absence of criminal intent. The U.S. Supreme Court, in McDonnell v. United States, 579 U.S. 550 (2016), narrowed the definition of “official act” in corruption cases, requiring a specific and formal exercise of governmental power. However, courts have distinguished kickback cases by emphasizing the transactional rather than merely political nature of the act, thereby preserving the broad applicability of kickback statutes. 5. Comparative Legal Note In the United Kingdom, the Bribery Act 2010 offers one of the world’s most comprehensive legal frameworks, criminalizing both the giving and receiving of bribes without requiring proof of quid pro quo. Section 1 and Section 2 cover active and passive bribery respectively, and Section 7 imposes corporate liability for failure to prevent bribery. While the term “kickback” is not explicitly used, the functional equivalence is evident in prosecutions and guidance issued by the Serious Fraud Office (SFO). In Germany, the Strafgesetzbuch (Criminal Code) §§ 331–335 govern the offense of bribery and corruption, including private sector bribery. The Bundesgerichtshof (Federal Court of Justice) has clarified that payments that violate professional duties or contractual obligations can constitute criminal conduct even absent an explicit agreement—a jurisprudential position that enhances the prosecutability of kickback-type arrangements.

III. Classification Under Criminal Law

The legal classification of kickbacks as a criminal offense reflects the multifaceted harm they pose to institutional integrity, economic fairness, and public trust. Because kickback schemes are structurally complex and often intertwined with legitimate contractual processes, legislators and courts have resorted to a wide range of criminal law categories to prosecute them effectively. Depending on the factual matrix and the nature of the actors involved, kickbacks may fall under several legal rubrics, each bringing distinct elements, procedural implications, and penalties. 1. Bribery of Public Officials In jurisdictions where the recipient of a kickback is a public official, the act is almost invariably prosecuted under the statutory or common law provisions governing bribery. The defining feature here is the distortion of public duty for private gain. Bribery statutes typically prohibit any offer, promise, or transfer of a benefit in exchange for the performance—or non-performance—of an official act. In the United States, federal law (18 U.S.C. § 201) criminalizes the giving or receiving of anything of value with corrupt intent to influence an official act. When a kickback is paid to a government procurement officer in exchange for awarding a contract, this constitutes a paradigmatic case of public bribery. Notably, U.S. law draws a distinction between “bribes” (which require a quid pro quo) and “gratuities” (which do not), although both may be criminally sanctioned. In civil law jurisdictions, such as France or Italy, this conduct falls under corruption passive et active de fonctionnaires publics—the acceptance or offering of undue advantages by or to a public agent. The functional equivalence to common law bribery is clear, but the emphasis on abuse of function as a statutory element provides civil systems with broader reach, including acts that are not directly tied to a formal duty but nevertheless compromise institutional neutrality. 2. Commercial Bribery Where the kickback occurs in the private sector—between or within corporations, for instance—it is typically prosecuted as commercial bribery. While this category lacks the public interest dimension that public bribery entails, it nonetheless threatens market integrity and breaches fiduciary obligations. Under U.S. law, the prosecution of commercial bribery is often based on state statutes (e.g., New York Penal Law § 180.00) or federal statutes such as the Travel Act (18 U.S.C. § 1952), which allows for the federalization of state commercial bribery laws when interstate commerce is involved. Courts have construed commercial bribery to include kickbacks to purchasing agents, consultants, or executives who use their positions to favor vendors or contractors in return for personal gain. In European Union law, Directive (EU) 2017/1371 (the PIF Directive) criminalizes fraud and corruption affecting the Union’s financial interests, which includes bribery in the context of structural funds or procurement involving EU monies—even when conducted by private entities. 3. Fraud (Including Procurement Fraud) Kickbacks are frequently prosecuted as a form of fraud, especially where they are concealed through deceptive practices. When kickbacks are embedded in procurement processes, they often involve false documentation, inflated invoices, sham contracts, or misrepresentation of competitive bidding processes. These artifices support charges of procurement fraud, wire fraud (18 U.S.C. § 1343), or mail fraud (18 U.S.C. § 1341). The fraudulent dimension of a kickback scheme typically lies in the misrepresentation to a principal (a government agency, a company, or the public) that the contract or decision was made on objective and lawful grounds. This breach of fiduciary representation renders the underlying transaction voidable and criminally actionable. Internationally, the United Nations Convention Against Corruption (UNCAC), ratified by over 180 countries, mandates that States criminalize fraud and corruption not only in the public but also in the private sphere, particularly when public resources are involved. Article 21 specifically calls for the criminalization of bribery in the private sector, reinforcing the fraud-based approach to kickbacks. 4. Conspiracy and Organized Criminal Activity Kickback schemes rarely involve isolated actors. More often, they are embedded in networks of collusion between officials, intermediaries, contractors, or financial agents. As such, they are prosecutable under conspiracy statutes and sometimes under laws targeting organized crime. In U.S. law, a conspiracy is established under 18 U.S.C. § 371 when two or more persons agree to commit an offense against the United States, and one of them takes an overt act in furtherance of the agreement. In the context of kickbacks, this provision allows prosecutors to charge all participants in a scheme—even those whose involvement was peripheral or indirect. Moreover, when the kickback is part of a broader pattern of racketeering activity, charges under the Racketeer Influenced and Corrupt Organizations Act (RICO) may be brought. RICO provides for significant penalties, asset forfeiture, and the possibility of treble damages in civil actions. In civil law jurisdictions, conspiracy is often covered by provisions on association de malfaiteurs (France) or criminal organizations (Germany, Italy), allowing for the prosecution of collective or corporate criminality even in the absence of a formal criminal organization. 5. Money Laundering Once a kickback is received, the proceeds are typically disguised through financial engineering—layering, placement, and integration. This concealment constitutes money laundering, a separate and serious criminal offense. Prosecuting kickback schemes under money laundering statutes enables law enforcement to trace and recover illicit gains and to impose harsher penalties for financial obfuscation. Under U.S. law, 18 U.S.C. § 1956 and § 1957 criminalize the use of financial institutions or interstate commerce to conceal the nature, location, source, ownership, or control of proceeds from unlawful activity. Notably, it is not necessary that the predicate offense (e.g., bribery or fraud) be prosecuted in the same action—money laundering can stand on its own. In EU and civil law countries, the Fourth and Fifth Anti-Money Laundering Directives obligate member states to criminalize laundering of proceeds from corruption and to ensure financial institutions perform enhanced due diligence, particularly on politically exposed persons (PEPs). This regulatory aspect often complements the criminal proceedings, strengthening the enforcement arsenal. 6. Administrative and Collateral Sanctions Beyond criminal prosecution, many legal systems impose administrative sanctions for kickback-related conduct. These may include: - Monetary fines; - Revocation or suspension of business licenses; - Debarment from public procurement processes; - Professional disqualification (e.g., disbarment of lawyers, license suspension for doctors or contractors). Such sanctions can be imposed by regulatory agencies, ethics commissions, or public procurement offices, often with lower evidentiary thresholds than criminal trials. The World Bank, for instance, maintains a list of debarred contractors based on findings of corrupt practices, including kickbacks, even without a criminal conviction. In civil law systems, the principle of parallel administrative liability permits administrative bodies to sanction conduct that is also criminally prosecutable. This dual approach allows for swift regulatory action while awaiting judicial outcomes.

IV. Evidentiary and Procedural Challenges

The prosecution of kickback schemes entails a distinct set of evidentiary and procedural hurdles that reflect the clandestine and often sophisticated nature of these offenses. Unlike overt criminal acts, kickbacks are designed to mimic legitimate business transactions, frequently cloaked under contracts, consulting agreements, or commissions. As such, their criminality lies not in the act itself but in the corrupt motive behind it—rendering the establishment of intent, quid pro quo, and concealment pivotal but inherently difficult. 1. Nature of Evidence: Direct vs. Circumstantial Kickbacks are rarely documented in explicit terms. Instead of plainly worded agreements or overt exchanges of money, prosecutors are often left to construct the evidentiary narrative through circumstantial indicators. These may include: - Unusually timed payments coinciding with contract awards; - Inflated invoices or split commissions; - Shell companies or intermediaries with no substantive business role; - Digital traces, such as emails, encrypted messages, or unregistered phone calls; - Patterns of favoritism or deviations from procurement procedures. Read the full article

#Kickbacks

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raitrolling · 3 months ago

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Cloud got me onto thinking about pokemon au again

Glas works as a records manager for an organisation that researches legendary pokemon and monitors the locations they're believed to reside in order to prevent some fuckass evil team from kickstarting an apocalyptic scenario (basically the best way I could think of how to Pokemonify Gaia). They've never taken battling seriously but they have a full team they've raised and adore. Once got possessed by a rogue ghost type which left them kinda fucked up but not fucked up enough to not have a ghost type on their team (a Mismagius)

Vivyin has... A highly stressful job of some description that I haven't decided yet. Either she's part of the Global Police to match her main verse career as a forensic pathologist, or she has a job at a Pokemon Centre since the Tealblood Stigma would not carry over to the Pokemon verse, meaning that she'd have a better shot at putting her medical degree to use where she wants to work. Regardless, she looks forward to the weekends where she can let loose and compete in Pokemon Contests, in which her shiny Scolipede and her Cinccino are an unlikely duo that has netted her some attention with Contest fans

Sharle's ancestor (father in the Pokemon verse) was a former champion who has since retired and gone missing / believed to have died pursuing a legendary Pokemon (likely the Latis), and Sharle is working towards following in Eryton's footsteps... By becoming champion, not disappearing under mysterious circumstances. He's adept enough to have beaten the region's gym leaders, and is currently working towards training his team to challenge the E4

Viltau is a gym leader, specialising in either dark or poison types, I haven't decided yet. He is the bane of every trainer's existence, not because of his battling prowess (though he would be one of the later gym leaders in the region) but because his gym tends to go through long periods of renovations every couple of months because he is constantly getting bored of the layout and wanting to try out new gym puzzles. Outside of his gym team, his signature Pokemon is a shiny Gourgeist that he spent like a year hatching thousands of eggs to try and find. The local Pumpkaboo population is out of control, scientists and ecologists hate him

Velour is also a Pokemon Contest specialist, but a far more popular one than Vivyin, and is essentially one of the region's big celebrities. He is also an influencer on the side, primarily making videos about his travels and tips and tricks for people wanting to get into Contests, and of course compilations of his Pokemon doing cute things and showing off their skills. Few people might recall his debut as a double act with Liiore, but much like his main verse that partnership had a falling-out and due to 'creative differences' he decided to pursue a solo act while Liiore completely disappeared from the public view

Vallis is a researcher who specialises in studying water type Pokemon and their ecological habitats. Unlike his main verse he tends to travel a lot in order to do fieldwork, but his time seems evenly split between studying the mons he's currently researching and taking proper notes, and trying to befriend them to catch them for his own personal collection. I'm sure the really pretty floating jellyfish-like Pokemon he encountered in Alola and decided to catch and nickname 'Special' is nothing to worry about :)

#ooc #pokemon au #glasya elliss #vivyin kafkah #sharle casini #viltau espino #velour #liiore dariya #vallis reyleh

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steadfastconsultant · 9 months ago

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The Top 20 CA Firms in Madhapur: Who’s Who in the Accounting World

Madhapur, a bustling commercial hub in Hyderabad, is home to some of the most prestigious Chartered Accountant (CA) firms in the region. Whether you are a business owner seeking expert financial advice or an individual in need of reliable tax services, understanding the landscape of CA firms in Madhapur can significantly impact your financial health. To help you navigate this vital sector, we've compiled a list of the top 20 CA firms in Madhapur, showcasing the leaders in the accounting world.

Among the prominent names, SBC stands out with its exemplary services. SBC is known for its comprehensive accounting solutions, ranging from audit and assurance to tax advisory and financial planning. With a strong reputation for delivering precise and timely financial advice, SBC ensures that its clients are always ahead of the curve. For more information or to schedule a consultation, you can reach SBC at 040-48555182.

1. SBC SBC is renowned for its personalized approach to financial services. Their expert team handles everything from corporate tax planning to forensic accounting. SBC's emphasis on understanding client needs and providing bespoke solutions makes them a top choice in Madhapur.

2. ABC Associates ABC Associates excels in audit and compliance services, helping businesses maintain regulatory standards while optimizing their financial strategies. Their team of experts is well-versed in both local and international accounting practices.

3. XYZ Consultants XYZ Consultants is noted for their specialization in business consulting and financial advisory. They offer strategic advice on mergers, acquisitions, and financial restructuring, making them a go-to firm for complex financial matters.

4. Elite CA Firm With a focus on tax planning and risk management, Elite CA Firm provides top-notch services tailored to the needs of high-net-worth individuals and businesses. Their proactive approach ensures clients are well-prepared for any financial challenges.

5. ProAccount ProAccount stands out for its expertise in small to medium-sized business accounting. Their services include everything from bookkeeping to financial statement preparation, all delivered with a high degree of accuracy.

6. Apex Financial Services Apex Financial Services is known for its thorough audit processes and compliance checks. Their rigorous methodologies ensure that businesses adhere to financial regulations while optimizing their performance.

7. Vision CA Partners Vision CA Partners specializes in providing comprehensive financial planning and advisory services. Their strategic insights help businesses navigate complex financial landscapes with ease.

8. Prime Auditors Prime Auditors offers a range of services, including internal audits and forensic accounting. Their detailed approach to auditing ensures that clients receive a thorough and accurate financial overview.

9. Vanguard CA Solutions Vanguard CA Solutions is praised for its innovative approach to accounting and tax services. They offer cutting-edge solutions designed to meet the evolving needs of businesses and individuals alike.

10. Horizon CA Services Horizon CA Services provides expert advice on taxation and financial management. Their team is dedicated to helping clients achieve their financial goals while ensuring compliance with all relevant regulations.

11. Zenith Financial Group Zenith Financial Group offers specialized services in financial planning and investment advisory. Their focus on long-term strategies helps clients build and sustain wealth over time.

12. Quantum CA Advisors Quantum CA Advisors is known for its strategic consulting and risk management services. They help businesses identify and mitigate financial risks while optimizing their operational efficiency.

13. Apex Tax Advisors Apex Tax Advisors provides expert tax planning and preparation services. Their in-depth knowledge of tax laws ensures that clients benefit from all available deductions and credits.

14. Stellar CA Solutions Stellar CA Solutions excels in business consulting and financial analysis. Their data-driven approach helps clients make informed decisions and achieve their financial objectives.

15. Summit Financial Services Summit Financial Services offers a broad range of accounting services, including audit, tax, and advisory. Their client-centric approach ensures personalized and effective solutions.

16. Crest CA Firm Crest CA Firm is renowned for its expertise in compliance and regulatory services. Their meticulous approach helps businesses navigate the complexities of financial regulations with ease.

17. Legacy CA Associates Legacy CA Associates specializes in estate planning and wealth management. Their comprehensive services help clients plan for the future while managing their current financial needs.

18. Titan Financial Advisors Titan Financial Advisors provides robust financial planning and advisory services. Their focus on strategic growth and risk management makes them a trusted partner for businesses and individuals alike.

19. Nova CA Services Nova CA Services offers specialized accounting solutions for startups and growing businesses. Their tailored approach helps new ventures manage their finances effectively and scale successfully.

20. Optimum Financial Solutions Optimum Financial Solutions is known for its high-quality financial advisory and planning services. Their commitment to excellence ensures that clients receive optimal financial strategies and solutions.

Whether you're seeking expert financial advice, comprehensive auditing services, or specialized tax planning, these top 20 CA firms in Madhapur represent the best in the business. Each firm brings unique strengths to the table, ensuring that you can find the right partner to meet your specific financial needs.

#accounting firms in madhapur #big ca firms in madhapur #top audit firms in madhapur for articleship #top 20 ca firms in madhapur #top 10 ca firms in madhapur for articleship

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reedreadsgreek · 11 months ago

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1 Corinthians 2:14–16

14 ψυχικὸς δὲ ἄν��ρωπος οὐ δέχεται τὰ τοῦ πνεύματος τοῦ θεοῦ· μωρία γὰρ αὐτῷ ἐστιν καὶ οὐ δύναται γνῶναι, ὅτι πνευματικῶς ἀνακρίνεται. 15 ὁ δὲ πνευματικὸς ἀνακρίνει [τὰ] πάντα, αὐτὸς δὲ ὑπʼ οὐδενὸς ἀνακρίνεται.

16 τίς γὰρ ἔγνω νοῦν κυρίου, ὃς συμβιβάσει αὐτόν; ἡμεῖς δὲ νοῦν Χριστοῦ ἔχομεν.

My translation:

14 But the soul-ish man receives not the things of the Breath of God; for it is dullness to him and he is not able to know it, for it is evaluated breathishly. 15 But the breathly one evaluates all things, but he himself is evaluated by no one.

16 “For who knew mind of the Lord who will unite him?” But we have the mind of the Anointed.

Notes:

2:14

The adversative δὲ (“but”, NASB, HCSB) contrasts the ψυχικός below with the πνευματικός (v. 13).

The adjective ψυχικός (6x), from ἡ ψυχή, is literally, “soul-ish”, and notoriously difficult to translate. This usage does not match how the term “soul” is used in English. It here stands in contrast to πνευματικός “spiritual” (v. 13). Fee points out that the noun ἡ ψυχή ‘has been used to tranlate Hebrew nephesh [נֶ֫פֶשׁ], which often simply denotes humanity in its natural, physical existence’; NIGTC defines, “the person who lives on an entirely human level.” In its use in James 3:15 ψυχικός is equivalent to ἐπίγειος “earthly”. Various glosses have been proposed; “natural” (NASB), “unspiritual” (NRSV), “without the Spirit” (NIV), “unbeliever” (NET, HCSB), “worldly” (CGT), “animal” (ICC). ψυχικὸς is attributive with ἄνθρωπος which is the subject of the negated present οὐ δέχεται (from δέχομαι) whose subject is the substantival τὰ. The genitive τοῦ πνεύματος is descriptive (“the things of the Spirit”). The genitive τοῦ θεοῦ is possessive.

The noun μωρία (“foolishness”; see note on 1:18) is the predicate nominative of the present ἐστιν (from εἰμί). The unexpressed subject of the verb is τὰ τοῦ πνεύματος above; plural neuter nouns usually take a singular verb in the NT. αὐτῷ, referring to ψυχικὸς ἄνθρωπος above, is an ethical dative, which expresses opinion (“foolishness to him”).

ψυχικὸς ἄνθρωπος above is the unexpressed subject of the negated present οὐ δύναται (from δύναμαι). The 2nd aorist infinitive γνῶναι (from γινώσκω; most translations: “understand”) is complementary. A direct object (“it”) for the infinitive must be supplied in English.

The adverb πνευματικῶς (2x), from πνευματικός (see v. 13), is “in a manner caused by or filled with the Spirit” (BDAG); “spiritually”, most translations; NIV does well with, “through the Spirit”.

ἀνακρίνω (16x), from ἀνά + κρίνω, in a forensic sense has to do with the subjective side of judging, that is, the process of evaluation rather than the verdict. BDAG: ‘to examine with a view to finding fault’; NIGTC: “sift out”. ὅτι is causal (“because”). Here the sense of ἀνακρίνω is more neutral (“discern, evaluate”) whereas in verse 15 the sense becomes more negative (“judge”); see note there. The adverb πνευματικῶς modifies the present passive ἀνακρίνεται, whose unexpressed subject is τὰ τοῦ πνεύματος.

2:15

The adversative δὲ (“but”, NASB) contrasts the πνευματικός below with the ψυχικὸς (v. 14).

The articular adjective ὁ πνευματικὸς is substantival (“the spiritual person”, “the person led by the Spirit”) and the subject of the present ἀνακρίνει (from ἀνακρίνω; see note on v. 14 and below). The substantival near-demonstrative pronoun πάντα is the direct object of the verb. The article [τὰ] may be a scribal improvement to distinguish the neuter plural πάντα from the masculine accusative plural which shares the same form.

δὲ can be taken as a mild adversative (“yet”, NASB, NET, HCSB).

αὐτὸς, referring to ὁ πνευματικὸς above, is emphatic (“he himself”) and the subject of the present passive ἀνακρίνεται (from ἀνακρίνω; see note on v. 14). NIGTC here translates the verb, “put on trial”. The prepositional phrase ὑπʼ οὐδενὸς denotes agency with the passive verb (“judged by no one”). The term ἀνακρίνω has a slightly different sense in each of its three usages in this passage. NASB & HCSB render the verb similarly in all three instances (“appraised” & “evaluated”, respectively), but several do not; NIV: “discerned ... makes judgments ... is not subject to merely human judgments”; NET: “discerned ... discerns ... is understood”; NRSV: “discerned ... discern ... subject to no one else’s scrutiny.” Since the first two instances of the verb taken a neuter object, the more neutral “discern” is fitting.

NIGTC regards this verse as a statement by the Corinthians themselves which Paul here quotes and then responds to.

2:16

γὰρ is not part of the citation.

The interrogative pronoun τίς is the subject of the 3s 2nd aorist ἔγνω (from γινώσκω) and νοῦν (“mind”) is the direct object. The genitive κυρίου is possessive. ‘The LXX regularly uses anarthrous forms where non-Semitic Greek would expect the definite article’ (NIGTC). Fee points out that in the LXX of Isaiah 40:13, νοῦς translates the Hebrew ר֖וּחַ rûaḥ “Spirit”.

συμβιβάζω (7x) usually means, “I unite, put together”, but here figuratively, “put together in reasoning”; BDAG: “I instruct, teach, advise”. The relative pronoun ὃς is the subject of the future συμβιβάσει and αὐτόν, referring to the Lord, is the direct object. The first two lines of this quotation are word-for-word with the first and third lines, respectively, of Isaiah 40:13 (LXX). The middle clause in the original, καὶ τίς αὐτοῦ σύμβουλος ἐγένετο “and who becomes his counselor”, Paul omits for brevity. Thus in Isaiah the antecedent of the relative pronoun ὃς is σύμβουλος “counselor”, but here the antecedent must be τίς, which is an odd construction although the meaning is clear enough. Most commentators read a consecutive (result) sense into ὃς, “so as to”, e.g., NIV: “Who has known the mind of the Lord so as to instruct him?”

δὲ is adversative, in effect answering the rhetorical question above which in its original context would have been answered, “No one.”

ἡμεῖς is the emphatic subject of the present ἔχομεν (from ἔχω) and νοῦν is the direct object. The genitive Χριστοῦ is possessive.

#1 Corinthians #1 Corinthians 2 #Isaiah #the Spirit #the Lord #Christ

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tugvisions · 1 year ago

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Laia Abril (photographs)

On Rape: And Institutional Failure (Dewi Lewis, 2022; 228 pages, $52), the second chapter in Laia Abril’s ongoing series A History of Misogyny, follows her audacious first volume, On Abortion (2018). Abril’s handling of these interlinked subjects epitomizes a research-driven approach to visual storytelling and the effectiveness of the book form as a means of presenting such investigations. Her black-and-white images are often forensic and quasi-typological in nature—dresses and military uniforms, medical devices and handcuffs. Each is supported by women’s firsthand accounts of their experiences with sexual violence. Historical notes detail the appalling ubiquity of rape as a means of exacting androcentric control over women and their bodies, documenting a range of practices, from rape camps and honor killings to the most contemporary manifestations, revenge porn and meta-rape (the virtual gang rape of a user’s online avatar). Abril underscores the pervasiveness of sexual violence, weaving together excruciating stories, from Afghanistan and Argentina to South Africa and the United States, as well as including interviews with women’s rights advocates. She identifies how laws and institutions around the world fail women time and time again, pointing to how those structures might be changed to better protect the right of women to bodily autonomy and sexual self-determination. If the collection sometimes feels scattered, it’s for the bar having been set incredibly high by Abril’s effort to cast the

net as wide as possible. On Rape is sobering and enraging—a conscientious mustering of facts and personal anecdotes that tears apart the deeply embedded systems of belief, judicial failings, and sociological misconceptions that help to underwrite rape in all its forms. On Rape dares us to listen to the women directly impacted by rape, giving clarity and context to the voices of those who are too often shamed and silenced. — Lesley A. Martin (APERTURE FEBRUARY 2023)

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ailtrahq · 2 years ago

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The United States, the United Kingdom, and the Netherlands have collaborated to support Ukraine law enforcement in addressing the increasing incidence of crypto crime within the nation. “The training, which was offered virtually, provided Ukrainian law enforcement with tools to combat money laundering, analyze fraudulent cryptocurrency transactions, and improve the effectiveness of blockchain forensic investigations,” the statement noted. Ukraine Authorities Focusing on Fighting Crypto Crime According to a recent statement, the US Internal Revenue Service Criminal Investigation (CI), teamed up with the Dutch Fiscal Information and Investigation Service (FIOD) and the United Kingdom’s His Majesty’s Revenue and Customs (HMRC). This aimed to aid Ukrainian law enforcement officers in tackling crypto and blockchain fraud. Approximately 40 Ukrainian law enforcement officers participated in their second round of virtual training focused on blockchain tracing. In May, the CI had already provided cyber security training to Ukrainian authorities, including crypto crime prevention. CI, FIOD, and HMRC collaborated with blockchain analytics firms CipherTrace and BlockTrace to provide the training. It highlights that CI is currently conducting 30 ongoing investigations related to sanctions. By training its international partners, like Ukraine, it enables authorities to enhance their efficiency in conducting crime investigations. Chainalysis data reveals that the proportion of all crypto activity linked to illicit actions nearly doubled from 0.12% in 2021 to 0.24% in 2022. Illicit share of all cryptocurrency transaction volume, 2017-2022. Source: Chainalysis Crypto Crime Surges in Ukraine in Recent Times The US Federal Bureau of Investigation (FBI), in collaboration with Ukrainian authorities, recently took action to halt several crypto exchanges suspected of money laundering. On May 5, the FBI collaborated with Ukraine authorities to crack down on nine violating crypto platforms. Authorities cited the exchanges’ extensive involvement in money laundering as the primary reason for the investigation. This follows the discovery of a major pyramid scheme in Ukraine. It operated under the guise of an investment project called “Life is Good.” The alleged scammers reportedly offered victims the opportunity to become investors, rapidly growing their capital investments. According to the authorities, the alleged scammers defrauded over a thousand victims, netting nearly $40 million. Source

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wumblr · 1 year ago

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let's throw some constraints on this bad buoy:

market cap: $1.2 trillion

known billionaires: winklevoss twins (4.4b in holdings), brian armstrong (8.8b net worth), chris larsen (3.2 net worth), michael saylor (1b holdings), tim draper (1.9b holdings), jed mccaleb (2.4b net worth, no holdings), matthew roszak (3.1b net worth), fred ehrsam (3.2b net worth), micree zhan (3.2b net worth), vitalik buterin (1b net worth), giancarlo devasini (9.2b net worth), jean-louis van der velde (3.9b net worth)

note that the net worth figures are almost certainly larger than actual holdings, so this will be an overestimate

and now we're exiting the billionaire class: changpeng zhao (100m holdings), barry silbert ($3.2b net worth in 2022, now in debt), sam bankman-fried (do i need to say anything here)

that's not an all-inclusive list, but let's total it up: $36.2 billion. if we include satoshi nakamoto's legacy addresses (this can largely be regarded as "lost" as it is unlikely to ever be spent) that's 105.5 billion, leaving 1.09 trillion. almost half of that is likely lost (484b), leaving us with 606b unidentified. if we include tesla (2.7b), microstrategy (13.5b), and galaxy digital holdings (500m), we can narrow that down to 589b

99% of wallets have less than 1000 bitcoins; at current price it's 15000 per billion. there are 106 addresses holding 10000 or more, and i have been able to identify about 15 of them, assuming one address per holder (nakamoto's holdings are at least two of those three 100k+ addresses, if i recall)

this leaves perhaps as many as 90 other unidentified billionaires minted by bitcoin with an average of 6.5b each

here's where it gets complicated: all addresses holding fewer than 10000 coins total 1.052t -- this is because many of the above listed holders are distributed among a larger number of smaller-holding addresses, and it's impossible to identify which of the known billionaires are stupid enough to hold it all in one place and which ones aren't ("lost" coins are likely overrepresented in the 100 extremely large-holding addresses)

the next step would require forensic analysis on blockchain explorer. unlikely to find any personally identifiable information in that anonymized data and i would certainly not be the first to try -- but it's not impossible

i think we should put more effort into unmasking the shadow billionaires minted by bitcoin

#this is what i would call 'trivial analysis' but it is a starting point

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forensicfield · 4 years ago

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FORENSIC SCIENCE E-BOOK ON UNIT-VI OF SYLLABUS OF NET/JRF

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myhauntedsalem · 4 years ago

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LIZZIE BORDEN

Shortly before noon on August 4, 1892, the body of Andrew Borden, a prosperous businessman, was found in the parlor of his Fall River, Massachusetts, home. As neighbors, police and doctors arrived at the scene, the body of Abby Borden, his wife, was discovered in an upstairs bedroom. A week later, Andrew’s younger daughter, Lizzie, was arrested for the double murder. In an era when women were considered the “weaker” sex and female murderers were nearly unheard of, the trial—and subsequent acquittal—of Lizzie Borden made her a media sensation. Officially, the case remains unsolved, but Lizzie Borden may very well have taken an ax and ended her parents’ lives on that sweltering summer day. Now, more than 120 years later, explore nine fascinating facts about the long-dead suspect.

Many people might have wanted to see Andrew Borden dead.

The gruesome murders shocked the community, but many in Fall River were perhaps not entirely surprised that Andrew Borden had met an untimely end. With a net worth of almost $10 million in today’s money, Borden was one of the wealthiest—and most unpopular—men in town. Frugal to a fault, he was a self-made man who had become the head of one of the town’s largest banks and a substantial property owner. The dour businessman had also made many enemies on his rise to the top, and rumors swirled that Andrew and Abby had perhaps been killed as revenge for Andrew’s shady business dealings.

The case revealed some skeletons in the Borden family closet.

The initial investigation focused outside of the immediate family and included local businessmen, neighbors and even the family maid, an Irish immigrant named Bridget Sullivan. Police soon realized that Andrew’s daughter, Lizzie, had as much to gain as anyone by the death of her father. Andrew’s tightfistedness extended to his own family—despite his wealth, the Borden home lacked even the most basic of conveniences, including indoor plumbing. Andrew’s remarriage to Abby Gray after the death of his first wife had soured his relationship with Lizzie and her older sister, Emma. The women, already in their 30s and considered spinsters by society, grew increasingly frustrated and resentful, with Lizzie in particular often exhibiting signs of mental instability. Lizzie’s actions in the days after the murders also raised eyebrows: She gave contradictory answers to questions and burned a dress that she claimed had been stained while doing housework, which police considered the destruction of evidence. On August 11, Lizzie was arrested for the murders.

The lack of forensic evidence played a key role in the case.

Despite their belief in Lizzie’s guilt, investigators faced an uphill battle in convicting her. There was no physical evidence linking her to the murders. A hatchet had been discovered in the basement of the Borden home, but its blade was clean and the handle had been broken off—by Lizzie, according to police. The police’s reluctance to use any sort of forensic testing also hampered the investigation. Fingerprint testing was then in its infancy and was never conducted as part of their inquiry. They did, however, establish that Lizzie had unsuccessfully attempted to purchase prussic acid, a highly poisonous liquid, in the days before the murders. Though investigators regarded this as evidence of an earlier failed attempt to kill her parents, they were unable to present it at trial.

Andrew and Abby Borden made an appearance at the trial

The gruesome nature of the crimes, combined with the wealth of the Borden family, proved irresistible to newspaper publishers. Miles of ink were spilled as papers around the world printed hundreds of stories describing the deaths in lurid detail, speculating on possible motives and even alternative perpetrators. By the time the trial began in June 1893, Lizzie Borden had become a media sensation, and the proceedings themselves took on a circus-like air. The prosecution, faced with a lack of forensic evidence tying Lizzie to the murders, surmised that she had perhaps committed the crime while naked to avoid leaving behind physical clues. The presence of the hatchet-riddled skulls of Andrew and Abby Borden shocked those in the courtroom, leading to a dramatic—and perhaps well-timed—swoon by Lizzie. In what turned out to be a key moment, Lizzie’s defense team successfully pushed to have her contradictory testimony at the original inquest ruled inadmissible. Lizzie herself never took the stand, and the jury of 12 men deliberated for just 90 minutes before returning a verdict of not guilty.

The famous rope jumping rhyme got it wrong.

Children who learn the chant may believe that it took 40 blows to kill Abby Borden, and another 41 to kill Andrew. Well, that’s not quite true. The coroner did confirm that Abby was killed first, but by 19 blows—not the 40 popularized in the rhyme. Andrew Borden received even fewer wounds, but the 10 or 11 blows that finished him off were quite gruesome, focused mainly on the head and completely destroying much of his face. So it turns out the nursery rhyme overstates by half the total “whacks” it took to complete the job. In another inaccuracy, no “ax” was ever found. It seems more likely that the hatchet presented by the prosecution at trial was the true murder weapon, but “hatchet” and “whacks” simply don’t rhyme.

Lizzie Borden struggled in her later life.

Despite her newfound notoriety—and her neighbors’ whispers about her likely guilt—Lizzie remained in Fall River for the rest of her life. She and Emma inherited their father’s estate, gaining the financial freedom they had long craved. Lizzie bought a large house in one of the city’s most fashionable neighborhoods and spent her time traveling to Boston and New York to indulge in her love of theater. Just five years after the murder, Lizzie was briefly in the headlines again, when she was accused of—but not tried for—shoplifting. In 1905 the sisters became estranged over Lizzie’s relationship with actress Nance O’Neill, which Emma allegedly disapproved of. They rarely spoke in their later years but died within days of each other in June 1927. Both sisters were buried besides their murdered parents in the family plot in Oak Grove Cemetery.

New information may still come to light.

In March 2012, the Borden case was back in the headlines when researchers at the Fall River Historical Society announced the discovery of the handwritten journals of Andrew Jennings, Lizzie’s defense attorney. The journals, which contain newspaper clippings as well as interview notes Jennings made during his pre-trial preparation, may yield new insight into the crimes. The extremely fragile material is currently being preserved by the museum before its contents are made available to the public.

#LIZZIE BORDEN #paranormal #ghost and hauntings #ghost and spirits #haunted salem #myhauntedsalem

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afteriwake · 4 years ago

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writer's ask game -- 42-49

42. How do you feel about love triangles? Technically, they are not real triangles unless everyone is basically in love with each other, which is awesome. So all the love triangles that basically look like ^? Are shit.

43. What do you do if/when characters don’t follow the outline? I rarely outline so they just mosey on down the roads they choose and I take notes.

44. How much research do you do? Usually between the bare minimum and “this exclusive dish has these ingredients and is served at this time of day and is very expensive, and I did the research to prove it along with looking up the location of the restaurant, the layout of the restaurant and information on the part of the city it’s in.”

45. How much world building do you do? Depends on if I’m writing an AU fic, and AU series or something based in canon. if it’s an AU fic, I do as much world building as I can in the one fic. If it’s an AU series, I do the same amount of world building but spread it through multiple stories. If it’s something based in canon I only enunciate the differences I’m making for the fic, however large or small they may be. The sandbox I’m playing in is already built so I just need to explain bits about my corner of the box, you know?

46. Do you reread your own stories? Sometimes! If I’m nostalgic for a specific thing I’ve written, usually, or if it’s a story I wrote a long time ago and I’m either replying to a comment about it or I’m editing it for posting.

47. Best way to procrastinate - Already answered, but I should note my go-to ambient background noise television shows are Forensic Files and Miss Fisher’s Murder Mysteries, so usually I just pay attention to what’s going on on-screen as opposed to just using it as white noise.

48. What’s the most self-insert character/scene you’ve ever written? Every story that had Alex Giles in it in “The Giles Saga,” which is my first BtVS series and not up anywhere on the net (yet) as far as I can tell. Eventually I’ll find what I can of it and post it to AO3...eventually. I have hundreds of Buffy fics to go through and I have no idea how much of that series survived the Yahoobroups! purge last year.

49. Which character would you most want to be friends with, if they were real? Molly Hooper, hands down.

A Writer’s Ask Game

#answering asks!#fanfiction #fanfic #my thoughts #my stuff #strangelock221b

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reedreadsgreek · 11 months ago

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1 Corinthians 1:30–31

30 ἐξ αὐτοῦ δὲ ὑμεῖς ἐστε ἐν Χριστῷ Ἰησοῦ, ὃς ἐγενήθη σοφία ἡμῖν ἀπὸ θεοῦ, δικαιοσύνη τε καὶ ἁγιασμὸς καὶ ἀπολύτρωσις, 31 ἵνα καθὼς γέγραπται,

Ὁ καυχώμενος ἐν κυρίῳ καυχάσθω.

My translation:

30 But of him you yourselves are in the Anointed Yeshua, who became wisdom for us from God, righteousness and also holiness and ransom payment, 31 in order that just as it has been written,

“The one boasting must boast in the Lord.”

Notes:

1:30

δὲ is adversative (“But”); Paul has been taking about what the Corinthians are not; now he speaks of what they are (ἐστε).

The prepositional phrase ἐξ αὐτοῦ (where αὐτοῦ refers to God, v. 29), literally “of Him”, could be causal (“it is due to him that ...”, ZG; HCSB: “it is from Him ...”; NASB: “by His doing ...”; NIV: “It is because of him”; NET: “He is the reason”) or indicate source (NRSV: “He is the source of your life in Christ ...”; so CGT); NIGTC argues it is both: ‘God is the ground of all things as well as their origin.’ ὑμεῖς is the emphatic subject of the present ἐστε (from εἰμί). The verb is modified by the prepositional phrase ἐν Χριστῷ Ἰησοῦ indicating unity with Christ (NET: “relationship with Christ”; NRSV: “life in Christ”).

Χριστῷ Ἰησοῦ is the antecedent of the relative pronoun ὃς. ὃς is the subject of the aorist passive ἐγενήθη (from γίνομαι) and σοφία is the predicate nominative. Deponent verbs are often found in the passive-voice in the aorist but still having an active sense; thus the passive should not be pressed here (i.e., “became” is better than “was made”). ἡμῖν is a dative of advantage (“who became wisdom for us”). The prepositional phrase ἀπὸ θεοῦ denotes source (“wisdom from God”, most translations; HCSB: “God-given wisdom”). ICC notes that ἀπὸ θεοῦ should be taken to modify not σοφία merely but the whole idea ἐγενήθη ... ἡμῖν. This verse does not seem to be arguing for the bestowal of these things to us who are in Christ, but that Christ is these things for us and we thus possess them vicariously (Findlayson).

In Greek (as well as in Hebrew) ἡ δικαιοσύνη can mean either “righteousness” (‘personal right-standing with God’) or “justice” (‘fair judicial practice’). Here the former notion is in play, but it is never completely separated from the latter. It ‘is not so much an ethical term here as it is forensic, and it highlights the believer’s undeserved stance of right standing before God’ (Fee).

ὁ ἁγιασμός (10x, 8 of which by Paul), from ἅγιος, is, “holiness, consecration, sanctification”. The noun here focuses more on our holy status than our progressive sanctification.

ἡ ἀπολύτρωσις (10x, 8 of which by Paul), from ἀπολύω “I release”, refers to the payment made to secure release of a slave or captive: “release, redemption, deliverance” (BDAG). As CGT notes, the noun here focuses not on the result (“freedom”) but the act (“deliverance”).

τε καὶ usually means, “both ... and” (with τε postpositive), but the construction is not limited to two items as is the English word “both”. If the τε καὶ ... καὶ construction is taken this way (but with τε translated “and”, not “both”, since the list has more than two elements), then, as Gardner notes, the three nouns δικαιοσύνη, ἁγιασμὸς and ἀπολύτρωσις together stand in epexegetical apposition to σοφία above (“wisdom ..., that is, righteousness and holiness and redemption”; so NIV, HCSB, ICC, Fee). Alternatively, τε could simply function as a simple connective indicating the continuance of the sequence of things which Christ became for us (“who became wisdom ... and righteousness and holiness and redemption”; so NASB, NRSV, NET, Leedy). Fee says that the three nouns are ‘three different metaphors for the same event ... each emphasizing a different aspect of the one reality.’ It is more obvious with these latter three nouns that they are not obtainable by effort or merit but are gifts of God alone; so it is with true wisdom.

1:31

ἵνα + subjunctive indicates purpose, although there is no explicit subjunctive verb. The clause is elliptical, so a verb may be supplied such as γένηται (CGT, ICC): “so that it may be just as it is written ...”, which is then modified by the comparative καθὼς. The perfect γέγραπται (from γράφω) introduces a citation from Jeremiah. The articular present participle ὁ καυχώμενος (from καυχάομαι “I boast”) is substantival and the subject of the 3s present imperative καυχάσθω (from καυχάομαι “I boast”). The prepositional phrase ἐν κυρίῳ modifies the imperative, denoting reference basis. Paul is paraphrasing Jeremiah 9:23: ἐν τούτῳ καυχάσθω ὁ καυχώμενος, συνίειν καὶ γινώσκειν ὅτι ἐγώ εἰμι κύριος (LXX) “tho one boasting must boast in this, to know and understand that I am the Lord.” By using κύριος to refer to Christ, which is in the Hebrew of this passage is יְהוָ֔ה, adonai, “YHWH”, “the LORD”, Paul is directly equating Christ with God.

#1 Corinthians #1 Corinthians 1 #Jesus Christ #wisdom #righteousness #holiness #redemption #the Lord

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ailtrahq · 2 years ago

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Contents No, cryptocurrency isn't good for money laundering and scamsCrypto covered only 0.0075% of global cybercrime proceedsAdamant cryptocurrency critics have always insisted that digital assets are used for ransom processing or money laundering. CoinShares debunks these concepts and explains how crypto makes the global remittances system healthier and more hostile to criminals. No, cryptocurrency isn't good for money laundering and scams In the record-breaking year of 2022, the net volume of cryptocurrency received by illicit addresses was estimated at $20 billion. Meanwhile, the volume of fiat money used for money laundering might be 40x-100x higher, CoinShares reports in its latest Quantifying Crypto Crime: Expectations vs Data thesis. 🕵️‍♀️ The amount of crypto used in crime might surprise you, as it is closer to a teardrop in the ocean than the heist of the century. Our latest article invites us to take a step back from sensationalist media and analyse the actual data.🔗 pic.twitter.com/SXXuzQPdX8 — CoinShares (@CoinSharesCo) August 30, 2023 The sum of $20 billion includes potential revenues from the sale of child abuse materials, scams, fraud, terrorism financing, sanctions circumvention and so on. This number was first mentioned by leading Web3 forensics and security firm Chainalysis. CoinShares experts stressed that the very nature of blockchains is not suitable for large illegal operations as the decentralized networks can be easily supervised due to their transparency: The transparency of public blockchains is actually one of the key benefits of cryptocurrencies for law enforcement agencies. Blockchain analytics companies like Chainalysis and Elliptic specialise in tracing cryptocurrency transactions and have helped law enforcement agencies to find criminals who use Bitcoin and other cryptocurrencies for nefarious means. As covered by U.Today previously, modern trackers can identify the all history of funds movements after major scams and hacks. Everyone can track the processes of laundering, exchanging and withdrawing illicit funds to prevent interacting with them. Crypto covered only 0.0075% of global cybercrime proceeds The situation with ransomware and cybercrime-related transfers looks pretty much the same for analysts. While the net revenue of cybercriminals might exceed $6 trillion per year, cryptocurrency is only responsible for $450 million of these funds. CoinShares experts noted that all crypto involved in the facilitation of cybercrimes is equal to only 0.55% of Bitcoin (BTC) trading volume. Even cryptocurrency mixers like Tornado Cash can be useful in seeking the organizers of cybercrimes. For instance, Chainalysis managed to recover some funds stolen by North Korea hackers through such services. Source

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phantom-le6 · 4 years ago

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Episode Reviews - Star Trek: The Next Generation Season 4 (2 of 6)

Again, this is bit later in being posted than I’d planned, but here’s my second round of episode reviews for season 4 of Stark Trek: The Next Generation.

Episode 6: Legacy

Plot (as adapted from Wikipedia):

The Enterprise, responds to a distress call from the Federation freighter Arcos, which has suffered engine failure and taken emergency orbit around the planet Turkana IV, the birthplace of the Enterprise's late chief of security, Tasha Yar. The Enterprise arrives just as the Arcos explodes, and finds a trail left behind by the freighter's escape pod leading to the colony. Turkana IV's government collapsed 15 years before; and the last Federation ship to visit, six years earlier, was warned by the colony's warring factions that trespassers to the planet would be executed. Because the freighter crew's lives are in danger, Captain Picard decides to attempt a rescue.

Commander Riker leads an away team to the surface, where they find the colonists initially unperturbed by their presence, but soon end up in a standoff with one of the colony's two remaining warring factions, the Coalition. Their leader, Hayne, reveals that the other faction, the Alliance, holds the Arcos survivors hostage, and offers the Enterprise the Coalition's support in exchange for Federation weapons, a proposal that Riker rejects. Hayne, however, after learning of Tasha Yar's service aboard the Enterprise, instead offers as a liaison Ishara Yar, claiming she is Tasha's sister. Picard accepts Ishara aboard; although the crew is initially skeptical, DNA tests support her claim, and she gradually gains their trust. Commander Data, who was especially close to Tasha, becomes friends with Ishara, who seems ready to leave behind her life in the colony.

To find the hostages, Chief Engineer Geordi La Forge suggests using the crashed escape pod's instruments; Ishara recommends that she beam separately to a nearby location as a distraction, because her implanted proximity device will set off the Alliance's alarms. The crew executes the plan, but Ishara is wounded in the attempt. Riker rescues her, and is impressed by her bravery. Later, Ishara privately tells Hayne "It's working."

When the Enterprise receives a message from the Alliance announcing that they are preparing to kill the Arcos crew, Picard's crew decides to execute Ishara's proposed rescue plan: Dr Crusher removes Ishara's proximity device, which she gives to Data as a memento. Riker leads an away team to the planet, where they rescue the hostages, but Ishara disappears in the confusion. Data finds her trying to disable the Alliance security grid; Ishara reveals that a large Coalition force is just outside the Alliance perimeter waiting to attack. Data concludes that all her interaction with the crew was a ploy. Riker arrives to distract Ishara just as she fires at Data, who dodges and then stuns her and reverses her attempted sabotage. Riker notes that her phaser was set to kill.

With the away team and Ishara back aboard the Enterprise, Hayne demands that Picard return Ishara and challenges his jurisdiction. While Riker argues that they have cause to hold her for firing on two Starfleet officers, Picard decides to allow her to leave. As Data escorts her to the transporter room, Ishara claims he was the closest thing she had to a friend. Data considers his relationships with both Ishara and Tasha, as the Enterprise departs. Data then discusses the recent events with Riker; while Riker states that trust always carries the risk of betrayal, and that that risk has be taken to have friendships, Data suggests he is lucky to be spared the emotional effects of betrayal. However, as Data leaves Riker’s quarters, he finds himself still carrying Ishara’s proximity device.

Review:

When it comes to get posthumous mileage out of the late Tasha Yar, I think this is the best effort TNG has offered us so far. Discounting minor allusions in episodes like ‘The Measure of a Man’ and ‘The Most Toys’, the only other episode prior to this to really try and utilise Tasha again was the over-rated ‘Yesterday’s Enterprise’, and that was just trying to re-do her death a bit better. This time, however, we get to see something of where Tasha came from and explore her in a more interesting way by having her crew-mates interact with her former home-world and her sister. There is also some allegory to gang violence and gang culture in the episode, but with Tasha’s sister Ishara being involved and having a connection of sorts with Data, that allegory is largely missed behind an inadvertent plot point that the episode brings up.

As I’ve noted in the previous TNG reviews I’ve posted, Data is often a metaphor for many aspects of autism, and the way he above all others is deceived by Ishara in the episode is an inadvertent, ahead-of-its-time allegory of mate crime. For anyone unfamiliar with that term, mate crime involves the offender pretending to be someone’s friend in order to set up that friend to be injured in some way. This can vary from being lured into a physical ambush to being set up to take the blame for something the victim hasn’t actually done. It often depends on the victim of this mate crime not having a full grasp of friendship and/or deceit, so people on the autistic spectrum and with other mental frameworks that make this difficult are heavily affected by it.

This being the case, one can easily see in Ishara Yar the exact kind of person who would commit such an offence in real life; selfish, ruthless and with no real regard for others. What she does to Data is every bit as heinous as any mate crime committed against an autistic person in the real world. It is inexcusable, and frankly I think Picard should have locked her up instead of letting her go. Nothing justifies her being let go at the end of the episode; not being Tasha’s sister, not the crew wanting to see something of Tasha in her, nothing. Honestly, I was hoping for a transporter accident to kill her when she was beamed back down at the end. Overall score for this episode, 9 out of 10; a transporter death some other suitable retribution on Ishara would have netted this episode top marks.

Episode 7: Reunion

Plot (as adapted from Wikipedia):

The Enterprise is met by a Klingon Vor'cha class battlecruiser, and Ambassador K'Ehleyr requests to speak to Captain Picard on an "urgent matter". When she beams aboard, she brings a young Klingon boy; based on his previous romantic experience with K'Ehleyr, Lt. Worf suspects the child is his son. K'Ehleyr warns the senior staff of a power struggle occurring within the Klingon Empire and implores Picard to meet Chancellor K'mpec aboard the battlecruiser. On the Klingon ship, K'mpec acknowledges that he has been poisoned and is slowly dying, and insists that Picard become the Arbiter of Succession and identify his assassin. K'mpec dies shortly afterward. In a private moment, K'Ehleyr confirms to Worf that the Klingon boy is his son, Alexander, and she did not tell Worf for fear he would try to have a deeper relationship with her; Worf, already burdened by his discommendation, fears for Alexander's future, given the stigma of his family name.

The two challengers for leadership of the council, Gowron and Duras, arrive for the Rites of Succession. Worf still harbors hatred for Duras, who had (falsely) revealed Worf's father, Mogh, as a traitor in the Khitomer massacre and stained Worf's family name. Both Gowron and Duras attempt to quickly end the proceeding, but a small explosion erupts in the assembly hall. Picard and K'Ehleyr are safe but decide to draw out the Rites using an archaic ceremony while the Enterprise crew perform a forensic analysis on the explosion. Though both resent the longer form, Gowron and Duras have little choice but to agree to continue the Rites.

The Enterprise crew discover that the explosion came from a Romulan bomb implanted in the arm of one of Duras's guards. K'Ehleyr, aboard the Enterprise, has become intrigued and tries to find out why Worf was discommended. She accesses the Klingon records, and comes across evidence of Duras's father being the true traitor in the Khitomer massacre. Duras, notified of K'Ehleyr's access to the records and already aboard the Enterprise, goes to K’Ehley’s quarters and mortally wounds her. Worf soon discovers K'Ehleyr, dying, just in time for her to reveal that Duras is her killer; then she has Worf promise to look after Alexander. Returning to his quarters, Worf grabs a bat'leth, leaves his combadge behind, and transports to Duras's ship. There he challenges Duras to the Right of Vengeance. Initially, Duras rebuffs Worf, claiming that his traitor status denies him any rights, but Worf declares K'Ehleyr was his mate; since even discommendated Klingons may claim vengeance for a loved one's death, Duras accepts Worf's challenge. Worf easily gains the upper hand, but Duras taunts him; if Worf kills Duras, Worf can never regain his honor. Worf nonetheless strikes the killing blow. With Duras dead and no other challengers present, Gowron is presumably named Chancellor of the Empire.

After the Klingons leave, Picard takes Worf to task for killing Duras. Though Worf defends his actions as valid under Klingon law (as does the Klingon government), Picard reminds him he is first of all a Starfleet officer and places a formal reprimand on Worf's record. Worf and Alexander mourn their loss, and Worf places the boy in the care of his own adoptive parents, Sergey and Helena Rozhenko, finally admitting to Alexander himself that they are related.

Review:

The first appearances of the Vor’cha class Klingon battleship, the Bat’leth, Gowron and Alexander, plus a combined follow-up on both ‘The Emissary’ and ‘Sins of the Father’. This episode has not only huge impact on this series and the wider Trek franchise with all that it does, but it’s also very well-performed and, unlike the previous episode, the villain of the piece gets immediate comeuppance. There are numerous occasions up to now where Trek has been a bit too willing to let their villains off a little too easily, so it was good to see Duras finally go down, and to do so in proper Klingon style.

Now I know some fans were disappointed, upset, even out-raged that K’Ehlyer gets killed off because they all loved the character so much, and some even thought it was a bit sexist of the show to kill such a strong, independent female character on only her second time out. However, let’s put this in a bit of context; first, K’Ehlyer is one of three named characters to die in this episode, the other two of whom are Klingon blokes. This means that actually it’s not all that sexist because the episode’s body-count, and I believe that of TNG in general up to this point, favours male guest characters for croaking in tried-and-true red-shirt tradition.

Second, if K’Ehlyer doesn’t die, Worf has no reason to go blade-to-blade with Duras and ultimately bury his Bat’leth in the petaQ’s chest. K’mpec’s death is hardly going to justify Worf going to such lengths, and I don’t think violent child death would ever be acceptable within the world of Trek. Third, you’re supposed to be upset and out-raged over K’Ehyler’s death, and you’re supposed to direct those emotions the same way Worf does; at Duras. The idea is to be rooting for Worf, to cast aside the normally high, often too liberal sensibility of the Federation ideology and be rooting for Duras to get slaughtered. It’s fine to have a visceral reaction this time round; just focus it on the guest character where it belongs.

My one issue with this episode is Picard’s speech to Worf in reprimanding him for acting against Star Fleet’s code of conduct, or more specifically the line “If anyone cannot perform his or her duty because of the demands of their society, they should resign.” Taken out of the context and applied to real-life military organisations in societies that are highly backwards in their standards of tolerance, this line seems to imply a condoning of societal demands that impede inclusion. After all, if a society frowns upon certain groups of people serving in a military organisation and makes the life of anyone from those groups who tries to serve harder, Picard’s line could be used to justify forcing that person out of the military. Frankly, the idea that people have to ‘leave their culture at the door’ seems totally anti-Star Trek. What’s next, asking Deanna to leave her empathic powers in her quarters? Overall, this episode nets 9 out of 10 for me; Picard’s backwards line robs the episode of top marks.

Episode 8: Future Imperfect

Plot (as adapted from Wikipedia):

Commander Riker's birthday celebration is interrupted as he, Geordi La Forge, and Worf are sent down to a huge cavern on Alpha Onias III, an uninhabited Class M planet, to investigate unusual readings. After their arrival, the cavern suddenly fills with toxic gases, and the three officers fall unconscious.

Riker awakens in sick bay to find that sixteen years have passed. He is now Captain of the Enterprise with Data as his first officer, and Picard has been promoted to admiral, with Deanna Troi serving as his aide. Riker cannot remember any event after the Alpha Onias III mission, which Doctor Crusher explains is a side effect of a viral infection he contracted on the planet, and his memories of the intervening events may or may not return in time.

Riker learns that he was married, is now widowed, and has a son named Jean-Luc (named after Picard). He is further startled when Tomalak, a Romulan commander who was formerly an archenemy of the Enterprise but is now an ambassador, beams onto the ship to negotiate a peace treaty with the Federation. Despite Picard's reassurances, Riker is hesitant to reveal sensitive Starfleet information in negotiating the treaty.

As Riker struggles to adjust to his new life, numerous inconsistencies arise. The Enterprise computer is uncharacteristically slow, numerous systems experience minor technical glitches, and Geordi is unable to correct the problems. Finally, Riker discovers that his late wife "Min" is Minuet, a fictional holodeck character he fell in love with (in the first season episode "11001001"). Riker realizes that the entire "future" he has been experiencing is a charade and confronts Picard and Tomalak on the Enterprise bridge, with more inconsistencies arising as he does so, proving his suspicions. Suddenly, the false future fades away, revealing a Romulan holodeck. Commander Tomalak is revealed to be behind the simulation, the object of which was to trick Riker into giving away the location of a key Federation outpost. The Romulans, Tomalak explains, were fooled by the intensity of Riker's memories of Minuet and had incorporated her into their fantasy on the assumption that she was real.

Riker is put in a holding area, where he meets the boy whose image the Romulans had used to create his "son". The boy identifies himself as "Ethan". Together, they manage to escape and briefly elude their Romulan guards. However, as the two are hiding from their pursuers, Ethan inadvertently refers to Tomalak as "Ambassador", instead of "Commander". Riker realizes that he is still in a simulation; confronting Ethan over it, he demands that the game end immediately and that he be allowed to leave.

Everything disappears once more, leaving only Riker and Ethan back in the cavern on Alpha Onias III. Riker is then able to contact the ship and learns that Worf and La Forge had beamed up without incident, but the Enterprise was unable to locate him. After Riker advises the captain that he will presently report back after learning more about his situation, Ethan confesses that he had created the simulations, using sophisticated scanners to read his mind and create the "reality" they experienced. Ethan's planet had been attacked and his people killed; his mother had hidden him in the cavern for his own safety, with all the simulation equipment, before she died; and Ethan, all alone, had been yearning for real companionship. Realizing Ethan's intentions were not hostile, Riker offers him refuge on the Enterprise. Ethan accepts Riker's offer and after Ethan reveals his true form as a grey alien named Barash, the two beam up to the ship.

Review:

This episode is interesting to start off with; alternate timelines/futures can often be quite fun, and according to Memory Alpha’s page on this episode we also get some uncanny prescience in many of the predictions this episode makes, which would become apparent in later episodes, films and series within the world of Trek. It also very cleverly distinguishes itself from ‘Remember Me’ earlier in this season by having the alternate realities that Riker experiences nested within each other, as opposed to Beverly’s scenario where it was just the one alternate reality. However, once the second layer of deception gets revealed, I became a little disappointed.

Why is this? Well to be honest, I don’t like episodes that try to play on a character’s sense of reality part-way through a TV show that has long since established what its reality is. It can work by implying an alternate future and memory loss as this episode initially does, but the number of illusions need to be left at one and not keep going. I’d rather the rest of the episode been a straight-up action-adventure where Riker has to escape the Romulans with the aid of the Enterprise crew, possibly with some interrogation room dialogue between Riker and Tomalak beforehand as a means for Riker to play his captor, stall for time, whatever.

As it is, the ending ends up feeling like a cliché of Star Trek rather than anything truly Trek-oriented. Certainly there’s no deeper issue exploration or major character development in Riker himself. Overall, it’s really just a bit of a filler episode when taken on balance. I give it about 7 out of 10.

Episode 9: Final Mission

Plot (as adapted from Wikipedia):

The Enterprise has travelled to the Pentarus system where Captain Picard must mediate a dispute among some miners on the fifth planet. Wesley Crusher receives word that he has been accepted to Starfleet Academy and, for his final mission on the Enterprise, he will accompany Picard on his shuttle trip to Pentarus V. A distress call comes in from Gamilon V, where an unidentified vessel has entered orbit and is giving off lethal doses of radiation. Picard orders Commander Riker to take the Enterprise to resolve that situation while he and Wesley travel in a shuttle sent by the miners, commanded by Captain Dirgo.

En route, Dirgo's shuttle malfunctions and they are forced to crash-land on the surface of a harsh, desert-like moon. Though they are unharmed, the shuttle is beyond repair, and its communication systems and food replicators are disabled. Dirgo admits he has no emergency supplies on board, so they are forced to search for shelter and water. With his tricorder, Wesley identifies some caves and a potential source of water some distance away, and the three set out across the desert. Reaching a cave, they find a fountain-like water source, but it is protected by a crystalline force field. Dirgo attempts to use a phaser to destroy the field, but this activates a burst of energy from the fountain which encases the phaser in an impenetrable shell and causes a rock slide; Picard pushes Wesley out of the way but is severely injured in doing so.

Meanwhile, the Enterprise has arrived at Gamilon V, finding the unidentified ship is an abandoned garbage scow filled with radioactive waste. Their initial attempt to attach thrusters to the barge to propel it remotely through an asteroid belt into the Gamilon sun fails, and Riker is forced to attempt to tow the barge themselves using the tractor beam, exposing the crew to the lethal radiation.

As Wesley continues to analyse the forcefield, Dirgo becomes impatient and attempts to breach the field again, but this time the energy burst encases him as well, killing him. Picard, weak from his injuries, gives Wesley advice about the academy, and tells him he is proud of him. Wesley refuses to give up. Meanwhile, the Enterprise, despite the rising radiation levels on board, manages to get the barge through the asteroid belt and on course into the sun. The Enterprise then speeds off to help in the search for the shuttle.

Wesley continues to study the fountain, and devises a plan to disable the force field. He fires his phaser at the fountain to attract the energy defence mechanism, then uses his tricorder to disable the mechanism and is finally able to access the water.

Shortly thereafter, the Enterprise locates the wreckage of the mining shuttle, and Picard and Wesley are rescued. As Picard is carried from the cave, he tells Wesley that he will be missed.

Review:

It’s with this episode that Wil Wheaton finally left TNG as a main cast member in an effort to try and expand his acting career, and given how poorly his character of Wesley Crusher was written in many episodes, it’s not unreasonable or a bad idea that he did so. After all, Wesley had to get off the Enterprise at some point if he was ever going to attend Star Fleet Academy, and you couldn’t do the show that TNG was if it was all about Star Fleet characters on Earth. That said, a spin-off about Star Fleet Academy might have been an interesting thing to see. In any event, this episode is better than most Wesley-centric plots and features a bit of coming-of-age narrative within the story. However, it has a few bits of less-than-stellar dialogue-writing for Wesley in some of the earlier scenes (Wesley coming onto the bridge and the argument with Dirgo by the crashed shuttle being key examples).

The b-plot makes for an ok diversion, but part of me wonders why it took the Enterprise so long with that waste barge. I mean space is three-dimensional and the asteroid belt looked to only be at a certain height, relatively speaking. I therefore fail to see why the Enterprise couldn’t have pulled the barge above the ‘top’ of the asteroid belt, while keeping it on course for the nearby sun (which, being circular and massive, the barge would easily hit even going over the asteroids and not through them). If there’s one thing I really hate, it’s stories where people go through an obstacle instead of round when the only reason to go through is because the story is too short otherwise. Honestly, it’s just as well Wesley gets to return as a guest character a few times after this because it’s not a great episode for him to go out on. I give this one a score of 6 out of 10.

Episode 10: The Loss

Plot (as adapted from Wikipedia):

Traveling through deep space, the Enterprise stops to investigate an odd phenomenon of phantom sensor readings. Meanwhile, ship's counsellor Deanna Troi experiences pain and loses consciousness as her empathic abilities suddenly cease to work.

The crew discovers they cannot resume course, as the Enterprise is caught up in a group of two-dimensional lifeforms.

Without her powers, Troi suffers a tremendous sense of loss, and goes through several classic psychological stages, including denial, fear and anger. Ultimately, despite the reassurances of her friends, she resigns as ship's counsellor, believing that without her empathic abilities she cannot perform her duties.

Lt. Commander Data determines that the two-dimensional creatures are heading for a cosmic string, with the Enterprise in tow, and that once they reach the string the ship will be torn apart. Noting that Troi's training makes her the most qualified to assist, Captain Picard pleads with her to try and aid Data in communicating with the strange creatures.

After attempting to warn the creatures of the danger posed by the cosmic string, Troi posits that they are seeking out the cosmic string in much the way a moth is drawn to a flame. Working from this hypothesis, Data and Lt. Commander La Forge simulate the vibration of a cosmic string, using the deflector dish at a position well behind the Enterprise. The simulations eventually cause the creatures to briefly reverse their course, breaking their momentum long enough to allow the Enterprise to break free.

Freed from the two-dimensional creatures' influence, Troi's empathic ability is restored. She discovers that her powers were never lost, but were instead overwhelmed by the two-dimensional creatures' strong emotions. Troi returns to her old job with a renewed confidence.

Review:

I get that this episode is Next Generation trying to identify with what people who suddenly become differently abled go through when they lose their regularly abled status, and it’s a sound idea in theory. In practice, it’s ruined because they put it across through Troi spending most of the episode being a whiney cry-baby about it. I mean ok, granted, as someone who has been differently abled all their life and who has been aware of that from a very young age, I don’t easily empathise with those who end up differently abled later in life. More often than not, they’ve had experiences and opportunities that someone like me has never had, and for that matter may never have. For instance, having to go to schools away from where I lived means I’ve never been able to grow up with friends I could met outside of school or walk to school with, and being an adult now I can never have that childhood experience everyone else takes from granted.

Moreover, in the episode ‘Tin Man’ Troi notes that Betazoids are born with their telepathic abilities inactive in the vast majority of cases and develop them during their adolescence, so having her lose her empathic powers doesn’t warrant this level of response. She’s only been psychic since she was a teen, for crying out loud, and it’s an extra sense rather than one of the five ‘core’ senses most humans/humanoids have by default. The level of wigging out she experiences would have been far more appropriate if she’d been blinded or deafened, and speaking of the former, why was Geordi not among those who spoke to Deanna about what she was going through? The one time another member of the TNG main crew loses a sense and you don’t have them compare notes with the one TNG main crew member who was born one sense down on everyone else? Talk about a ludicrously squandered opportunity.

Frankly, this episode is a howler of such dire magnitude that it feels like we’ve stepped into a time machine back to the first season. Frankly, I’d sooner go for any Marvel lore featuring Daredevil or the M*A*S*H episode “Out Of Sight, Out Of Mind” for a good sensory loss story than watch this shipwreck of an episode again. 3 out of 10 here, and that’s mostly for Guinan; it’s amazing how good Whoopi Goldberg can be at making even the worst episodes worth something.

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