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Sunday, April 27, 2008

Police have arrested the owner of a mattress factory in Hay Hassini, Casablanca, Morocco which burned down in a disaster that claimed 55 lives. His son, who was the factory’s manager, was also arrested.

Those killed — 35 of whom were women — were trapped inside by locked fire exits, which were barricaded to stop theft during working hours. “The people who died were either asphyxiated or burned,” commented a firefighter. 17 were wounded. Moustapha Taouil of the Casablanca civil protection service said the blaze was triggered by an inadequatly maintained electric saw on the ground floor. The initial fire quickly engulfed all four storeys of the building.

The Rosamor factory was clearly operating unsafely, officials said. “It’s a building with a ground floor and three upper floors specialising in making furniture, therefore there were highly inflammable products,” said Taouil. “We confirmed during our examination that the owners of the premises failed to respect legal requirements for this kind of industry including staff training… the owner in contravention of the law, locked staff inside the plant apparently to prevent theft of raw material. It was this that prevented them getting out. The fire was caused by lack of proper maintenance of certain machines and electrical installations.” He said a short circuit on the ground floor, which was filled with power saws, triggered the disaster.

As a result of the investigatons, “The plant’s owner, Adil Moufarreh, and his son Abdelali Moufarreh, who was the manager, have been taken into custody after having been questioned by police,” said an official.

28-year-old factory employee Fadila Khadija said “There was no emergency exit, the extinguishers were empty and the working conditions were difficult.” One source said that windows were also unusable as they were covered with iron bars. 20-year-old survivor Omar Elaaz said “I was working on the first floor as an upholsterer. The smoke came up from the ground floor where the foam rubber, wood and glue are stored. I used a gas bottle to break the wire mesh that protects every window.” 31-year-old upholsterer Hakim Hakki told of his own lucky escape and its effect on him from hospital: “I jumped from the third floor with four other colleagues while the women, who didn’t dare to follow us, perished in the inferno. God saved me but I’ll never forget those who died.”

The father of deceased 19-year-old Abdelazziz Darif said his son was paid 250 dirhams (20 euro/31 US dollars) per week and did not have social insurance.

Tuesday, August 31, 2010

Every September, the Apple iPod is redesigned. Last year saw the release of the iPod Nano 5th generation, bringing a video camera and a large range of colours to the Nano for the first time. But as Apple again prepares to unveil a redesigned product, the company has released their quarterly sales figures—and revealed that they have sold only 9m iPods for the quarter to June—the lowest number of sales since 2006, leading industry anylists to ponder whether the world’s most successful music device is in decline.

Such a drop in sales is not a problem for Apple, since the iPhone 4 and the iPad are selling in high numbers. But the number of people buying digital music players are concerning the music industry. Charles Arthur, technology editor of The Guardian, wrote that the decline in sales of MP3 players was a “problem” for record companies, saying that “digital music sales are only growing as fast as those of Apple’s devices – and as the stand-alone digital music player starts to die off, people may lose interest in buying songs from digital stores. The music industry had looked to the iPod to drive people to buy music in download form, whether from Apple’s iTunes music store, eMusic, Napster or from newer competitors such as Amazon.”

Mark Mulligan, a music and digital media analyst at Forrester Research, said in an interview that “at a time where we’re asking if digital is a replacement for the CD, as the CD was for vinyl, we should be starting to see a hockey-stick growth in download sales. Instead, we’re seeing a curve resembling that of a niche technology.” Alex Jacob, a spokesperson for the International Federation of the Phonographic Industry, which represents the worldwide music industry, agreed that there had been a fall in digital sales of music. “The digital download market is still growing,” they said. “But the percentage is less than a few years ago, though it’s now coming from a higher base.” Figures released earlier this year, Arthur wrote, “show that while CD sales fell by 12.7%, losing $1.6bn (£1bn)in value, digital downloads only grew by 9.2%, gaining less than $400m in value.”

Expectations that CDs would, in time, become extinct, replaced by digital downloads, have not come to light, Jacob confirmed. “Across the board, in terms of growth, digital isn’t making up for the fall in CD sales, though it is in certain countries, including the UK,” he said. Anylising the situation, Arthur suggested that “as iPod sales slow, digital music sales, which have been yoked to the device, are likely to slow too. The iPod has been the key driver: the IFPI’s figures show no appreciable digital download sales until 2004, the year Apple launched its iTunes music store internationally (it launched it in the US in April 2003). Since then, international digital music sales have climbed steadily, exactly in line with the total sales of iPods and iPhones.”

Nick Farrell, a TechEYE journalist, stated that the reason for the decline in music sales could be attributed to record companies’ continued reliance on Steve Jobs, CEO of Apple, saying that they had considered him the “industry’s saviour”, and by having this mindset had forgotten “that the iPod is only for those who want their music on the run. What they should have been doing is working out how to get high quality music onto other formats, perhaps even HiFi before the iPlod fad died out.”

When Jobs negotiated a deal with record labels to ensure every track was sold for 99 cents, they considered this unimportant—the iPod was not a major source of revenue for the company. However, near the end of 2004, there was a boom in sales of the iPod, and the iTunes store suddenly began raking in more and more money. The record companies were irritated, now wanting to charge different amounts for old and new songs, and popular and less popular songs. “But there was no alternative outlet with which to threaten Apple, which gained an effective monopoly over the digital music player market, achieving a share of more than 70%” wrote Arthur. Some did attempt to challenge the iTunes store, but still none have succeeded. “Apple is now the largest single retailer of music in the US by volume, with a 25% share.”

The iTunes store now sells television shows and films, and the company has recently launced iBooks, a new e-book store. The App Store is hugely successful, with Apple earning $410m in two years soley from Apps, sales of which they get 30%. In two years, 5bn apps have been downloaded—while in seven years, 10bn songs have been purchased. Mulligan thinks that there is a reason for this—the quality of apps simply does not match up to a piece of music. “You can download a song from iTunes to your iPhone or iPad, but at the moment music in that form doesn’t play to the strengths of the device. Just playing a track isn’t enough.”

Adam Liversage, a spokesperson of the British Phonographic Industry, which represents the major UK record labels, notes that the rise of streaming services such as Spotify may be a culprit in the fall in music sales. Revenues from such companies added up to $800m in 2009. Arthur feels that “again, it doesn’t make up for the fall in CD sales, but increasingly it looks like nothing ever will; that the record business’s richest years are behind it. Yet there are still rays of hope. If Apple – and every other mobile phone maker – are moving to an app-based economy, where you pay to download games or timetables, why shouldn’t recording artists do the same?”

Well, apparently they are. British singer Peter Gabriel has released a ‘Full Moon Club’ app, which is updated every month with a new song. Arthur also notes that “the Canadian rock band Rush has an app, and the industrial rock band Nine Inch Nails, led by Trent Reznor – who has been critical of the music industry for bureaucracy and inertia – released the band’s first app in April 2009.” It is thought that such a system will be an effective method to reduce online piracy—”apps tend to be tied to a particular handset or buyer, making them more difficult to pirate than a CD”, he says—and in the music industry, piracy is a very big problem. In 2008, the International Federation of the Phonographic Industry estimated that 95% of downloads were illegitimate. If musicians can increase sales and decrease piracy, Robert says, it can only be a good thing.

“It’s early days for apps in the music business, but we are seeing labels and artists experimenting with it,” Jacob said. “You could see that apps could have a premium offering, or behind-the-scenes footage, or special offers on tickets. But I think it’s a bit premature to predict the death of the album.” Robert concluded by saying that it could be “premature to predict the death of the iPod just yet too – but it’s unlikely that even Steve Jobs will be able to produce anything that will revive it. And that means that little more than five years after the music industry thought it had found a saviour in the little device, it is having to look around again for a new stepping stone to growth – if, that is, one exists.”

Monday, February 9, 2009

Michael Ray Aquino, a former Philippines National Police officer serving six years imprisonment in McRae, Georgia for espionage could now be eligible for immediate release after a United States Court of Appeals for the Third Circuit judge panel Friday modified a United States District Court for the District of New Jersey‘s judgment, ordering a resentence of the accused under more lenient guidelines.

“I feel relieved for Michael Aquino and his family. We won the appeal. Michael will be resentenced. His new sentencing range will be 36-46 months (that is, essentially time served). Aquino has now served exactly 41 months in prison to the day on Feb. 9, 2009,” Aquino’s lawyer, Mark A. Berman, Esq. said. “The accused pleaded guilty to merely to possessing military secrets, and a three-judge panel of the Third Circuit Court of Appeals agreed that Walls erred in using harsher sentencing guideline reserved gathering or transmitting classified documents,” Berman added.

But Federal prosecutors had argued for Walls’ sentence, alleging “his guilty plea included acknowledging the stolen documents could have been used to harm the United States, making him eligible for the stiffer sentence,” Christopher J. Christie, U.S. Attorney for the District of New Jersey submitted. “Crimes like these strike at the heart of our national security because they involve our keeping our secrets secret. These defendants will face the full weight of federal prosecution,” said US Attorney Christie.

“The arrests of Leandro Aragoncillo and Michael Ray Aquino affirm the FBI’s commitment to apprehending those who would seek to reveal classified information to foreign nationals,” explained FBI Special Agent in Charge Leslie Wiser Jr. Both accused were ordered in judicial custody without bail by United States Magistrate Judge Patty Shwartz in September 2005.

“While Aragoncillo was an active participant in the offense, Aquino’s role was purely passive,” wrote Circuit Judge Maryanne Trump Barry in a written opinion promulgated Friday, in “US v Aquino” (No. 07-3202), an appealed case originating from D.C. Crim. No. 05-cr-00719. In the judgment, federal judges Barry, Michael Chagares and Jane A Restani, Chief Judge of the United States Court of International Trade, sitting by designation, have acknowledged that Judge William H. Walls’ interpretation of the harsher sentencing guideline was understandable, but the statute is imprecise. “Accordingly, we will vacate the judgment of sentence and remand for resentencing,” the panel ruled.

“The Honorable Maryanne Barry” is a United States Court of Appeals for the Third Circuit judge, daughter of Mary MacLeod Trump, who hails from Tong, Western Isles. Barry is the older sister of real estate mogul Donald Trump and the mother of David Desmond, who is a neuropsychologist and the author of the satirical novel Oliver Booth.

The espionage case was the first of its kind, obliging the Court to turn to the dictionary instead as a legal tool to resolve the landmark case. Circuit Judge Barry then used the 1993 version of the Webster’s Third New International Dictionary to define the word “obtain.” The pertinent part, pages 9 to 10 of the 13-page decision provides as follows:

Judge Walls sentenced Aquino to 76 months imprisonment for violation of 18 United States Code 793(e), punishable under the harsher United States Sentencing Guidelines, 2M3.2, (Gathering National Defense Information, which imposes 35 years sentence if top secret and 30 years, if not) instead of the more lenient 2M3.3 (Transmitting National Defense Information, etc.)

Because of the Barry decision which modified the original Hall’s sentence, Aquino now faces 37 to 46 months imprisonment when he is resentenced by the United States District Court for the District of New Jersey. Since he has already served 40 months, he could be immediately released.

But since he was initially arrested in September 2005 for tourist visa rules violations, he will be delivered by the judicial authorities to United States Citizenship and Immigration Services when he leaves McRae Correctional Institution in Georgia. Aquino will be processed for deportation. McRae is a city in Telfair County, Georgia, United States.

Michael Ray Aquino was a former Deputy Directory of the Philippines National Police Intelligence Group and former senior superintendent of the now-disbanded Philippines Presidential Anti-Organized Crime Task Force under former Philippines president Joseph Estrada.

On November 24, 2000, PR man Bubby Dacer and his driver Emmanuel Corbito were kidnapped along the corner Zobel Roxas Street in Manila and the South Super Highway by gunmen believed to be members of the PNP. Four days after, the victims’ charred remains, consisting of burnt bones, metal dental plates and a ring, were later found in Barangay Buna Lejos, Indang, Cavite. Both victims were killed by strangulation.

P/Col. Glenn Galapon Dumlao, one of the accused, named former Po/Supt. Cezar O. Mancao II and former S/Supt. Michael Ray Aquino as the brains behind the crime. Mancao and Aquino were members of Presidential Anti-Organized Crime Task Force or PAOCTF, headed by then Gen. Panfilo Lacson. Suspects Mancao and Aquino left the country after being implicated in the heinous crime. Dumlao disappeared afterwards but later resurfaced in the US.

In 2005, murder cases were filed in Philippine courts and arrests warrants were issued against accused Dumlao, Aquino and Mancao. Dumlao, a resident of Patchogue, New York was arrested and held without bail on November 20, 2008 by virtue of a warrant of arrest issued by Judge William D. Wall. On December 10, Dumlao was ordered extradited to the Philippines by Judge A. Kathleen Tomlinson of the United States District Court for the Eastern District of New York in Long Island, New York.

The initial hearing of the extradition case of Dumlao’s co-accused, Mancao II, now detained in Florida, was held on December 3, in the US District Court in Southern Florida in Fort Lauderdale. Justice Secretary Raul M. Gonzalez had requested the US Justice Department to extradite Mancao and Dumlao to face murder charges in the Philippines. An extradition hearing has yet to be initiated for Aquino, although, as trusted officer of then PNP chief, now senator, Panfilo Lacson, was also requested for extradition by the Philippine government to face trial for the Dacer-Corbito double murder.

“Sir, the other day Leandro ‘Lean’ Aragoncillo called me. … He wants to talk to you and give you some updates on the political situation in the country,” wrote Aquino in an e-mail of January 2005 to his former boss Sen. Panfilo “Ping” Lacson. “I find all the information that you are sending me very useful. I hope you will continue sending more,” replied Sen. Lacson in an e-mail he allegedly sent in January 2005 to Aragoncillo. “By no means would you show this information. … I will be affected severely. Again, please protect the source – Me,” said Aragoncillo in an E-mail he allegedly sent in August 2005 to former Philippines President Joseph Estrada.

In March 2005, Aquino was arrested by immigration authorities for overstaying his visa. He contacted his friend, Leandro Aragoncillo, a Philippine-born civilian FBI Intelligence Analyst, who worked in the White House (between 1999 and 2002) as “administration chief” of the security detail assigned to the Vice President (Gore and then Cheney). However, Aragoncillo’s efforts on Aquino’s behalf eventually led to Aragoncillo being investigated by the FBI. In the course of that investigation, evidence of espionage against the United States Government was uncovered.

According to reports complied by Filipino intelligence professionals, there were indications of a link between Aragoncillo and the French intelligence service, Direction générale de la sécurité extérieure. Frequent visits by Aragoncillo to Manila allegedly were interspersed with clandestine meetings between identified, French operatives and several “illegals” (i.e. unregistered agents) around 2002 to 2004.

“What it means is that there is a hole in White House security. There are two kinds of people at the White House: Those that have been very well-vetted and those that have been extremely well-vetted and have access to the top secret computer network. This man had access to the top secret computer network.” said Richard A. Clarke, a former White House adviser.

“The FBI said Aragoncillo was concerned about e-mailing from his personal account so many classified documents from FBI computers, and he asked one recipient, Filipino opposition Sen. Panfilo “Ping” Lacson, whether he was a nuisance. “The reply, court records say, came back two days later in a cell phone message intercepted by the FBI: “What you are sending are never a nuisance to me. They are in fact informative and very useful,” Clark added.

In September 2005, Aragoncillo, a retired US Marine Gunnery Sergeant with 21 years service was suspended by the FBI, and arrested for violation of Title 18 of the US Code, Sections 371 and 951, admitting espionage activities from August 2000 to August 2005, and taking files while working under VP Cheney from 2001-2002, including giving information to another country.

In July 2007, Aragoncillo, age 50, a naturalized US citizen residing in Woodbury, New Jersey was sentenced to 10 years imprisonment for “transferring classified information to assist in overthrow of Philippines government.” Aragoncillo, admitted passing information by cellphone text messages and e-mail messages through Hotmail and Yahoo accounts, to Aquino, former President Joseph Estrada, Sen. Panfilo Lacson, and opposition politicians, who wanted to oust Mrs. Arroyo, including former House Speaker Arnulfo Fuentebella, according to court documents. He will be released from Federal Correction Institute in Big Spring, Texas on May 28, 2014.

The court fined Aragoncillo $40,000. “I never intended to cause harm or injury to the United States,” Aragoncillo told the judge. In July 2007, Sen. Panfilo Lacson as well as deposed president Joseph Estrada have admitted to receiving information from Aquino, but they denied any conspiracy. “Aquino is determined not to return to the country,” said Sen. Lacson, who admitted extending financial support to Aquino and his family.

In July, 2008, Sabina and Carina Dacer, the daughters of missing public relations man Salvador “Bubby” Dacer testified at the Manila Regional Trial Court (RTC), after almost eight years of self-exile in the United States. “In his exact words he said, ‘mga anak, kung may mangyari sa akin, walang ibang may kakagawan noon kundi si Ping Lacson, (my daughters, if anything happens to me, no one but Ping Lacson is responsible)” Sabina Dacer told ABS-CBN News and Current Affairs. “Hindi naman kilala ng daddy ko si Michael Ray Aquino as far as we know eh. So kung hindi siya kilala ng daddy ko, sino yung kilala niya na kilala ng daddy ko? (My dad does not know Michael Ray Aquino as far as we know. So, if my dad does not know him, whom does he know that my dad knows?)” Carina Dacer said.

Sen. Panfilo Lacson has vehemently denied any involvement in the Dacer-Corbito murder case. “For the Nth time, I will assert the truth that I had nothing to do with it,” said Lacson in a text message. “They can lie and make people lie even under oath and before a court of law to make me look bad and guilty in the Dacer case. In fact, right after Dacer disappeared, the family sought my help… And I responded the way I should as a law enforcement officer at that time,” Lacson explained.

On Saturday, September 10, 2005, Aquino was also arrested at Queens, New Jersey and was charged with conspiracy and acting as an agent of a foreign official in the jurisdiction of the United States District Court for the District of New Jersey, presided by U.S. District Judge William H. Walls. Aquino was accused of helping Aragoncillo transmit classified United States documents regarding President Gloria Macapagal-Arroyo to her opponents in the Philippines, including both former President Joseph Estrada and current opposition leader, Panfilo Lacson, who had been Aquino’s superior in the police force.

In an indictment of 6 Oct 2005 signed and filed by United States Attorney Christopher J. Christie, the Grand Jury sitting at Newark, New Jersey, accused Aquino with charges of – “knowingly communicating classified information by a government employee to an agent or representative of a foreign country (i.e. receiving classified information), acting as an agent of a foreign official without notification of the Attorney General, in violation of Title 18 of the US Code, Section 951, conspiracy to commit all of the above offenses in violation of Title 18 of the US Code, Section 371, and not cooperating with authorities, under Title 18 of the US Code, Section 2.

Under an eventual plea-bargain agreement, Aquino entered a plea of guilty to illegal possession of classified documents, but avoided the more serious charge of espionage which Aragoncillo received. On July 17, 2007, Aquino was sentenced to six years and four months in prison by U.S. District Judge William H. Walls. Federal prosecutors had sought the maximum 10-year term.

Aquino “did subject our nation to some peril,” ruled Judge Walls. “I am sorry for what I did. I never had the intention to harm the United States. I love this country,” said Aquino who addressed the court for three minutes before sentencing, and apologized. On November 21, 2008 his reduced sentence request was submitted to the appellate court.

Meantime, the Philippine National Police (PNP) is monitoring developments in the Aquino espionage case. “Of course we are interested in his case, but all we can do is to wait for the outcome of the case of Michael Ray in the US,” said a police official.

The Alliance for A Just and Lasting Peace in the Philippines has criticized the judgment: “For the AJLPP the news of the release proves that the charade of injustice is ever present when it comes to the cabal of AFP men who served as worst human rights violator and proven puppets of the United States military like the Lacson boys,” the AJLPP said. “On the other cases of oppressed immigrants like the Baoanan case languishes in courts and not acted upon. So much for double standard of American justice system.” The AJLPP statement concluded.