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In fact, Modi’s first speech in Jammu in December 2013 referred to a debate on the Article 370 during the then ensuing elections for the Parliament. The experiment of BJP-PDP alliance in the state put heavy curtains on the possibility of a debate and discussion, leave aside the review of the Status, Art 370 and Art 35A.
Thus four years passed by and the lessons that are carried include that the new elections for the Parliament are supposed to be fought in 2019 on a very clear agenda of nationalism versus everything else. Article 370 and Article 35A have attracted a national level attention due to a number of reasons for the last a couple of years. Kudos go to the activism of individuals and organisations who spearheaded campaigns to highlight the issues pertaining to the introduction and abolition of the controversial Articles of the Indian constitution.
It was after a series of debates in the Constituent Assembly of India that Article 370 was finally adopted by the members of the Assembly. There were heated discussions and debates on the issue in the Constituent Assembly between various members representing different schools of political thought. Dr. B. R. Ambedkar, Sardar Vallabbhai Patel, Dr.S.P. Mukherjee, Dr. Bardoloi and many others opposed the provision vehemently. Pt. J. L.Nehru, Sheikh Abdullah and Abdul Kalam Azad took a very stern stand on the issue and started lobbying on the issue outside the Constituent Assembly. They took Dr.Rajendra Prasad (who was the Chairman of the Assembly), Gobind Vallabh Pant and some other important members into confidence and used the idea of “Temporary Provision” as the heading of the Article as a bargaining chip against the members who kept their resistance in tact till the adoption of the Constitution in November 1949.
Article 35A was not a part of the Constitution that was adopted by the Constituent Assembly and implemented with effect from 26th January 1950. The coveted Article was brought later by the Government of India through a clear manipulation of the position that its members held in the polity of the nation. The Art 35A was brought through a President’s promulgation without any notice to the members of Parliament or to the Supreme Court of India. Article 368 (2) of the Constitution of India gives all important Constituent Powers to the Parliament. It clearly says, “Power of the Parliament to amend the Constitution and procedure therefor an amendment of this constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill”.
In this case, the Government of India brought President’s (Amendment to Constitution) Order 1954 thereby introducing Article 35A without it being presented to the either House of Parliament. So to say that the earlier published copies of the Constitution circulated to the members of Parliament and the public did not carry any reference to the Article 35A. Even Judges and Law practitioners of the Supreme Court of India and the High Courts expressed their innocence about the Article till recently. The Order of the President signed by Dr.Rajendra Prasad at the behest of the Government was a clear fraud on the Constitution, Parliament and the Supreme Court of India which is empowered to interpret the Constitution. Some supporters of special status to J&K State term Article 35A as the soul of the Article 370. What they ignore, unfortunately, is that Article 370 existed for five long years without its so-called soul (Article 35A).
Since the matter of Article 370 and Article 35A is a matter of great public interest at a national level, any kind of a decision by the Supreme Court on these two Articles carries a great weight. In case, the Apex Court eventually expresses the view that the Order of 1954 was ‘right’, the Government of the day can take the same route to annul it forthwith keeping in view the composition of the polity in general and the position of the Constitutional authorities. And in a situation, if the Apex court dismisses the Order that was brought through back door in 1954 without any reference to the Parliament, the “fraud on the constitution and the Parliament” will simply become a history of the past. However, it will bring forth the ‘way, manner and style’ in which the Governments were run by the so-called democrats, freedom fighters and makers of the constitution when they were given the chance by the people to do so.
ShauryaT wrote: Do you have any credible references for the highlighted part? Not claiming JLN did not screw up but you have to have the correct reasons thereof.
Look up Maj Gen GD Bakshi's video regarding the same. Can't do it for you now. Although other army personalities have said same, I consider Maj Gen lot more reliable.
Karthik: I will use your post to highlight a wider issue, which is the politicization of history, news, and events,to such an extent that elementary facts are no longer researched on this board. The need to look at everything from an ideological and partisan political prism is something this board can avoid to the benefit of all. Now to address the specifics.
2. An elementary knowledge of the 14-month war and the actual ground situation in the various sectors would have informed you that there was no "imminent" recapture of occupied Indian territories possible. For reference look up operation duck.
3. The chief of armies in both India and Pakistan were British officers.
4. The nominal head of the Indian government was British.
6. There is little doubt that behind the "tribal" raiders, was the hand of Pakistani military and its leadership, poised to intervene fully as required. The Pakistani leadership was playing its usual double game of trying to "officially" not intervene and call it an uprising.
7. There was some small-scale localized action that was deemed to be beneficial by our military leaders, if a few more weeks were allowed, past 1948.
Attached is a view from an Indian military officer on the matter.
Indian forces therefore had to operate in J&K under serious handicaps. The enemy could not be beaten decisively by local actions. For decisive victory, it was necessary to bring Pakistan to battle across the international border as was done in 1965. So if the whole of J&K was to be liberated, a general war against Pak was necessary which India’s superior combat edge would have given them a decisive edge and would have made Pakistan to recoil her forces from J&K. There is no doubt that Pakistan would have been decisively defeated in a general war.
That is not the impression one got reading various things on the war. The initial advantage was with the Pak raiders/army but India was able to push it back and at the time of ceasefire India had the offensive advantage. As for sources can't spoon feed you.
"Soon after his release in 1964 Sheikh Abdullah was at his old pet game again – the ultimate creation of an Independent Kashmir. He persuaded Nehru , by then an ill man, to let him go to Islamabad for talks with President Ayub Khan.
1.	A Brigadier of Army Headquarters said that the army felt very strongly about recent poliical events in Kashmir and added that there would be trouble if any weakening was shown by the Prime Minister in regard to kashmir’s accession to India because the army did not want to have the shameful feeling that it’s soldiers had shed their blood in vain. The Prime Minister let down the army once by ordering a cease-fire when our army was poised for clearing the raiders and Pakistanis from the entire Jammu and Kashmir area. It was the Prime Minster who created Azad Kashmir and not Pakistan. The army had enough humiliations after Independence; and it was not going to stomach the pusillanimity of politicians any more.
2.	A Major in the army said openly at the Delhi Railway Station that if the Prime Minister did any monkey tricks in regard to Kashmir, he would have to go the same way as Gandhi."
I doubt anybody knew Nehru as well as Mathai did. We could always dig up original sources from that era but it would be a tedious task.
If you read Nehru’s letters/communications during that period related to Kashmir issue you find a very interesting change of tone. During initial phase Nehru is all fire and brimstone, he gets even more fired up when Indian army starts to win spectacularly and hopes he’ll have all of the Kashmir in his hand in no time but as winter approaches and army gets stretched thin with supplies depending on a lonley road (besides air) his tone starts to change to that of a more balanced optimism. The maharaja writes to him complaining about army not moving forward but waiting to consolidate its position. He also writes about army loosing control of a few areas. professional robber clans of Tribals supported by Pakistan start the guerrilla war of-hit and run from multiple sides. Now Nehru is on defensive, his army is deployed in an inhospitable terrain and winter is only a month or two away. At this point the search for a political solution starts.
^^ Katare sa'ab post the links and/or excerpts as it will make it easy for members to go through the original sources and draw their conclusions.
Plus, if possible do post some additional references that support the "claims" being made in the "Nehru’s letters/communications".
Really makes one wonder where the loyalty of this so called national party likewith their underhanded attempts at changing the demographics.
Either its not happening or happening but not reported ?
An unnamed brigadier and major as a definitive "source" and that too from the entirely discredited works of M.O Mathai, who is not able to substantiate ANY of his incredulous allegations about JLN. Know of any academic or historian who takes Mathai seriously? Come on guys, please do something better. JLN made many mistakes, it should be easy to pin him down but not with these unsubstantiated stories circulating as fake news on SM.
^ Never claimed it was a 'definitive' source, just one that I am familiar with.
Perhaps you could post 'definitive' sources of your own that present the opposite viewpoint?
Meanwhile, it is not easy to find a truly reliable source online for the 1947 war. I am working on it, will post references when I can. My own take on this matter is that JLN was a terrible leader who was thrust upon a fledgling democracy and we are still suffering his terrible legacy in so many ways, not just the Kashmir conflict.
Please remember the state of the Indian military in the immediate aftermath of Independence.The armed forces split into two, a goodly portion going to Pak, British mitary leaders still in charge and newly independent India found itself emasculated militarily by the retreating Britz who did everything possible to leave the subcontinent no threat to western hegemony especially in the maritime sphere.
However, Nehru basking in the glow of NAM leadership and India's huge moral force, respected worldwide, were taught a lesson by the Chins.Nehru's moral force without the backing of military force exposed the hollowness of his foreign policy.He never recovered from the debacle of ' 62 where he was scared sh*tless to use the IAF pleading for massive US military supplies .Ridiculous quantities of milware which we couldn't absorb ( which never came too), becos he was afeared of the Chins bombing our northern and eastern cities. Had he been bold here we would've caused huge casualties for the Chins and restored his naievity and reputation to an acceptable degree.I recollect the late JN Dixit, our eminent diplomat and NSA, a young diplomat in Delhi at the time, wondering why the IAF was not being used when so many were crying out fof it to go into action.
The latest exposes this year show that China had been secretly planning the attack against India long before the supposed breakdown in discussions where they alleged India was to blame.The Chinese took advantage of the weakened state of India militarily post- Independence and our concentration of forces against Pak, over J&K, diverting our attention.Nehru took the sucker punch on the jaw and hit the canvas never to rise from it again.His daughter though, Mrs.G., learnt the bitter lesson her father had been taught and won a famous victory in'71 after having built up the armed forces in substantial measure.
Perhaps in years to come more exposes of the Sino- Pak collusion will come to light as well as western support for the "martial" Pakistanis during the CENTO days, where they hoped Pak would be their willing mercenaries and intel. allies, the latter aspect which is still going strong despite US annoyance at its support for ungodly species.
PS: There was a media piece regarding the infamous ISRO spy scandal in Kerala which ruined the careers of two brilliant ISRO scientists and set back our indigenous cryo-engine development by 16 years.The author remarked how strangely Dr.Homi Babha and Sarabhai both mysteriously died in their 50s, the former in an inexplicable air crash in the Alps and the latter suddenly in a hotel in Kerala.Both were spurring development of our atomic industry and the bomb.Was mischief afoot in all these cases?
Last edited by Philip on 10 Jul 2018 08:49, edited 2 times in total.
That kind of assumes they were not "going all out" before. IMO they can dial it up from 80 to 100 or back down to 80, but unlikely to make much difference in the long term.
Kashi wrote: ^^ Katare sa'ab post the links and/or excerpts as it will make it easy for members to go through the original sources and draw their conclusions.
I think everyone should go to the original sources and make up there own mind based on what one comprehends from them. I have already given the references in earlier post. I do not have time right now to go and look for the website and exact pages etc. there are 50+ volumes of Nehru’s communications each running into several hundred pages. Fortunately they are availVle on internet for free and you just have to skip to the year 1947 (iirc vol 21 ) and you can go through the letters related to kashmir in an hour or so. Those volumes also have letters from other people ( maharaja, patel etc) to whom Nehru replied. It’ll take a couple of hour but you cAn find them. When I have time I’ll search and post relevent excerpts for you.
Primus wrote: ^ Never claimed it was a 'definitive' source, just one that I am familiar with.
You can read pretty much any book written by a half decent and credible author and you will have your source. None absolutely no one that I have read mentions any of the typical Nehru stories circulating on internet or told as gossip by random people.
Interestingly, I went on this search for myself because media and internet had me fooled for almost a decade about Modi. When the truth came out i went looking for original and authen sources to corroborate many things. The Nehru story and what we have done with hime is pretry surprising, we almost made his name a proper gaali while turned Patel and Bose into holy cows.
I think these stories and larger than life projection of Patel and Bose were created by rightwing to discredit current dynasty. Once Pappu is gone there will be resurrection of Nehru’s image but until than these stories will circulate to counter the god like image that Congress party created of him until 80s.
PPS: Nehru was naieve again in trusting the west and taking J&K to the UN when we had the Pakis on the run.He later wrote to his sister Mrs.Pandit, that he had been betrayed by them .Sadly this lesson in betrayal was not learnt by him and his " bhai-bhai" approach to the Chins was repaid by them as "bye-bye"!
Nehru's betrayal by both the West and Chins should be a signal warning to PM Modi, who has been spending a lot of diplomatic goodwill in both directions.The US has shown us its true colours by sticking with Pak, threatening us with sanctions and the Chins too at Doklam.
When I have time I’ll search and post relevent excerpts for you.
Thank you very much KatareJi, I look forward to reading them.
The J&K Police have picked up three students of the Islamic University of Science and Technology, Awantipora, for questioning to probe the stabbing of a girl from a minority community.
While the police say investigation in the case is still underway, the three students are being questioned for their role in “stabbing as well forcing the girl to convert into a Muslim”.
“We are investigating the case. The three students of the institute are being questioned,” a police officer said. It is learnt that a few acquaintances from the girl’s community may also be called for questioning. The probe is being monitored by SSP, Awantipora, a police officer said.
Last Monday, a girl from a minority community hailing from south Kashmir’s Tral in Pulwama district, who is a student of the university, was allegedly stabbed by two bike-borne men when she was waiting to board a bus to the university.
Philip wrote: PPS: Nehru was naieve again in trusting the west and taking J&K to the UN when we had the Pakis on the run.He later wrote to his sister Mrs.Pandit, that he had been betrayed by them .Sadly this lesson in betrayal was not learnt by him and his " bhai-bhai" approach to the Chins was repaid by them as "bye-bye"!
He is doing chai biskoot.
PVNR once said 'no harm in talking and listening. Only harm when you act against your interest!"
Supratik wrote: 2 terrorist killed.
Looks like halal season has just started after a break. Army should take all advantage of governed rule and weed pigs out. Surveillance drone should be buzzing constantly over whole of troubled areas.
Following a six-month probe into incidents of unrest in Kashmir in 2017, a team of National Investigation Agency (NIA) identified 79 WhatsApp groups, having 6,386 phone numbers, used to crowdsource boys for stone pelting. Of them, around 1,000 numbers were found active in Pakistan and Gulf nations. The remaining 5,386 numbers were found active in various parts of the Valley and neighbouring States. Many of these groups had administrators based in Pakistan. According to a media report, more than 300 WhatsApp groups operated to crowdsource mobs to disrupt anti-terror operations in 2017.
Do minorities mean only Muslims? What about Buddhists, Sikhs and others? When 36 Sikhs were killed in Kashmir, not a single Congressman condoled over their deaths. In J&K, there is not a single Buddhist working in the state secretariat. The only Buddhist who was selected through the state public service commission had to convert to Islam to secure the government job.... The Congress is silent on this."
One policeman killed. 3 Jaish terrorists arrested.
Supratik wrote: One policeman killed. 3 Jaish terrorists arrested.
मैट्रिक्स शीट. Metrix sheet (Am I saying it right?). What's that?
Sounds like one time encryption pads.
In cryptography, the one-time pad (OTP) is an encryption technique that cannot be cracked, but requires the use of a one-time pre-shared key the same size as, or longer than, the message being sent. In this technique, a plaintext is paired with a random secret key (also referred to as a one-time pad). Then, each bit or character of the plaintext is encrypted by combining it with the corresponding bit or character from the pad using modular addition. If the key is truly random, is at least as long as the plaintext, is never reused in whole or in part, and is kept completely secret, then the resulting ciphertext will be impossible to decrypt or break. It has also been proven that any cipher with the perfect secrecy property must use keys with effectively the same requirements as OTP keys. Digital versions of one-time pad ciphers have been used by nations for some critical diplomatic and military communication, but the problems of secure key distribution have made them impractical for most applications.
Finding a one time pad is an encryption coup as it means earlier communication can be decoded. This catch should not have been publicized.. I wonder if the publicity follows from having to fire FIRs etc.
Matrix sheets in 2018..........that is cold war instrument. In this age of 4-5G phones and Internet do you need that?
Terrorists who killed Kashmiri cop Saleem Shah encountered.
this is from Muzafar Beg a stalwart of the PDP the former partner of the BJP in J&K.
India once broke into two and it can happen again if the tyranny against Muslims does not stop,” Baig said while addressing a function in Srinagar on the foundation day of the party.
On the hearing scheduled in the SC on Art 35A the J&k Governor approaches the Home Minister for a deferment till there is a Govt in J&K.
This has always been the long term muslim game plan, a component of the invoked ghazwa-e-hind as a battle against Hindu India led from muslim pakistan that was hatched even before 1947 and is also the reason why so many stayed behind in India, aided and egged on by idiotic and foolish Hindus, of course.
They were lying low all this while, consolidating and strengthening, using the very Indian constitution, which they all revile to sustain them. The implementation of the UCC and the reversal of the RTE can be used to counter this immediately and slow it down. The continuous strikes on Hindu customs and belief, like in the Sabarimala case is a deliberate attempt to weaken the Hindu dharma using some stupid feminist "equality argument".
Don't these very "sickulars" run exclusive boys and girls schools and colleges?? Where is the feminist argument then?? Where are their female priests and what is their religious stand on such female recruitment ??
The prey base of converts is all in India and they will never let go of that bounty, just like their other abrahamic counterparts who follow a slightly different track but with a very similar endgame in mind.
when the Kashmiri Hindus were murdered and driven out of Kashmir in 1990 his father stayed away and very quiet as did Mufit M sayid.
Art 35 A and Art 370 have to be done away with.
The Joint Resistance Leadership (JRL) Sunday threatened to launch mass agitation and called for two-day shutdown against any tinkering with Article 35A, which grants special privileges to residents of Jammu and Kashmir.
Hurriyat Conference (G) chairman Syed Ali Geelani, Hurriyat Conference (M) Chairman Mirwaiz Umar Farooq and JKLF chief Mohammd Yasin Malik held a crucial meeting at Geelani's Hyderpora residence today and deliberated upon serious challenges posed to Article 35-A, which grants special right to property to J&K residents.
On August 6, petitions challenging validity of Article 35-A would be heard by Supreme Court.
An RSS-backed non-governmental organization, 'We the Citizens', had filed a petition in the Supreme Court of India challenging the validity of article 35A.
“We believe that the agenda behind this petition is no secret but a ploy of BJP-RSS of changing the demographic nature of Jammu and Kashmir by doing away with the hereditary state subject law of the state and flooding it with people from India,” said a joint statement issued by Geelani, Mirwaiz and Malik after the meeting.
They said the attempt to change the demography of J&K and insidiously destroy its disputed nature has always been on the agenda of BJP/RSS and the challenge to 35A in Indian Supreme Court is a serious part of that plan.
“Once hereditary state subject laws are done away with, it will pave way for settling outsiders in J&K in hordes. And as part of the BJP/RSS plan, Kashmiris will become a minority in their own land and that day will not be far off when like Palestinians, Kashmiris will be pushed to the margins of their land and rendered homeless,” they said.
The leaders said if any fiddling is done with Article 35A, its consequences would be entirely on those perpetuating such mischievous ploys against people of J&K.
“We want to make it clear to Government of India (GoI) that Kashmiris will not take this attack on them lying low. Any and every attempt made at changing the demographic nature of the state will be resisted. They can kill us or detain us but we won’t succumb to pressure tactics. We are even ready to sacrifice our lives and face detentions to safeguard peoples’ interests and the disputed nature of the state,” they asserted.
They said they are in touch with all segments of society including the legal fraternity, traders, civil society members, academia and others and there is complete unanimity and cohesion among all with regard to resisting and fighting this serious assault together.
They also warned of mass agitation if any tinkering with 35A is allowed to take place under a legal garb.
Times have changed and its time for this Article and 370 to go.
It is the will of the majority of people in India.
I wonder what's holding the GoI back from taking such a step.

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EX PARTE REED CONTRACTING SERVICES January 29, 2016 No. 2150230.
ALABAMA MEDICAID AGENCY v. HARDY January 29, 2016 2140565.
KYLES v. KYLES January 29, 2016 2140449.
J.W. v. T.K. January 29, 2016 2140762.
I.L.C. v. J.D.B. January 29, 2016 2140743.
EDMISTON v. GODFREY January 29, 2016 2140646.
HADLEY v. HADLEY January 29, 2016 2140608.
J.D.S. v. J.W.L. January 29, 2016 2140826.
AGUADO v. ALABAMA HOME BUILDERS SELF INSURANCE FUND January 29, 2016 2140702.
Ex parte Bradley Michael JUNO. (IN RE: Rachel Michelle McCarter v. Bradley Michael Juno). January 22, 2016 2150134.
Ex parte LOWE'S HOME CENTERS January 22, 2016 2140885.
WAGNON v. GRAVELLE January 22, 2016 2140580.
BROOKWOOD HEALTH SERVICES INC v. STATE HEALTH PLANNING AND DEVELOPMENT AGENCY LLC January 22, 2016 2140766.
CULVER v. CULVER January 15, 2016 2140444.
C.E.C. v. C.W.C. January 15, 2016 2140815.
McMULLINS v. McMULLINS January 15, 2016 2140536.
PUTNAM v. NORFOLK SOUTHERN RAILWAY COMPANY INC January 15, 2016 2140873.
Ex parte Romulus PETRINA. (IN RE: Romulus Petrina v. Kimberly Petrina). January 15, 2016 2150044.

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D.C. Law Library - § 8–1060. Remedies and penalties.
↪ § 8–1060. Remedies and penalties.
(a)(1) Whenever the Mayor has reason to believe that (A) there has been a violation of this chapter or the rules and regulations issued under its authority, or (B) a threat exists to human health, the public welfare, or the environment as the result of the construction, modification, or operation of a solid waste facility located within the District, the Mayor may give written notice of the alleged violation or threat to the person responsible and order the person to take such corrective measures as the Mayor determines reasonable and necessary.
(2) If a person fails to comply with the notice within the time period stated in the notice, the Mayor may take corrective actions necessary to alleviate or terminate the violation or threat. The Mayor may assess a penalty against the person responsible equal to triple the costs of undertaking the corrective actions, or close the facility, or both.
(b) If the Mayor finds that any person is constructing or operating a solid waste facility in a manner which endangers human health, the public welfare, or the environment, or is operating a facility in violation of this chapter, the Mayor may (A) request the Corporation Counsel to commence appropriate civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, a preliminary injunction, a permanent injunction, or other appropriate relief, or (B) issue a cease and desist order.
(c) The Mayor or any court may impose civil fines, penalties, costs, and fees as alternate sanctions for violations of this chapter, or the rules and regulations issued under its authority, pursuant to § 2-1801.01 et seq. Rules promulgated pursuant to this section shall be submitted to the Council for a 30-day period of review, not including weekends, holidays, or periods of Council recess. Adjudications of any infractions of this chapter shall be pursuant to § 2-1801.01 et seq. For any violation, each day of the violation shall constitute a separate offense and the penalties prescribed shall apply separately to each separate offense.
(c-1) The Council hereby ratifies the schedule of fines promulgated in § 741 of Chapter 7 of Title 21 of the District of Columbia Municipal Regulations and in effect prior to July 17, 1999.
(d)(1) If the Mayor determines, after investigation, that the conduct of a solid waste facility presents an imminent danger to the public health, safety or the environment, the Mayor shall close and seal the facility.
(2) At the time of the sealing of the facility, the Mayor shall provide the permit holder with written notice stating the action being taken, the basis for the action, and the right of the permit holder to request a hearing.
(3) The permit holder shall have the right to request a hearing within 72 hours after service of notice of the sealing of the premises. The Mayor shall hold a hearing within 72 hours of receipt of a timely request, and shall issue a decision within 72 hours after the hearing.
(4) Every decision and order adverse to a permit holder shall be accompanied by findings of fact and conclusions of law. The findings shall be supported by, and in accordance with, reliable, probative, and substantial evidence. The Mayor shall provide a copy of the decision and order and accompanying findings of fact and conclusions of law to each party to a case.
(5) Any person aggrieved by a final summary action may seek judicial review in accordance with subchapter I of Chapter 5 of Title 2.
(e) Any solid waste facility that is not in compliance with the requirements of this chapter, regulations promulgated to implement this chapter, or any permit term or condition is a public nuisance and may be enjoined and abated as provided in this chapter.
(f) An action to enjoin any public nuisance defined in subsection (e) of this section may be brought in the name of the District of Columbia by the Corporation Counsel or any of his or her assistants, in the Civil Branch of the Superior Court of the District of Columbia against any person conducting or maintaining the public nuisance. The rules of the Superior Court of the District of Columbia relating to granting an injunction or restraining order shall be applicable to actions brought pursuant to this subsection, except that the District, as complaining party, shall not be required to furnish bond or security. It shall not be necessary for the Court to find that the building, ground, premises, or place was being unlawfully used at the time of the hearing. The Court shall enter an order restraining the defendant from operating a solid waste facility in violation of this chapter, upon finding that the material allegations of the complaint are true. Nothing in this section shall preclude any person or class of persons, from bringing a public or private nuisance claim against a solid waste facility.
(g) In the case of the violation of any temporary or permanent injunction rendered pursuant to the provisions of this section, proceedings for punishment for contempt may be commenced by the Office of the Corporation Counsel, in accordance with the rules of the court. Any person found guilty of contempt pursuant to this section shall be punished by a fine of not more than $5,000 or by imprisonment for not more than 12 months, or both.
(h) Any person adversely affected by violations of this chapter or the rules and regulations issued pursuant to this chapter may commence a civil action on his or her own behalf to secure any appropriate relief, including injunctive relief and the payment of civil fines or penalties, as established by the Mayor pursuant to this chapter. In any action brought pursuant to this subsection, the court, in issuing its final order, may award costs of litigation, including reasonable expert witness and attorneys fees, to the prevailing or substantially prevailing party, whenever the court determines that an award is appropriate.
(i) Any person violating the provisions of this chapter, or any rule, regulation or permit issued under its authority, shall, upon conviction in the Superior Court of the District of Columbia, be guilty of a misdemeanor and be fined no more than $1,000 or imprisoned for a period not to exceed 30 days, or both, in the discretion of the court.
For temporary amendment of section, see § 2(e) of the Solid Waste Facility Permit Emergency Amendment Act of 1998 (D.C. Act 12-296, March 4, 1998, 45 DCR 1769), and § 2 of the Solid Waste Facility Permit Emergency Amendment Act of 1999 (D.C. Act 13-17, February 12, 1999, 46 DCR 2351).
For temporary addition of § 6-3460.1 1981 Ed., see § 2(f) of the Solid Waste Facility Permit Emergency Amendment Act of 1998 (D.C. Act 12-296, March 4, 1998, 45 DCR 1769).
For temporary addition of §§ 8-1061 through 8-1063, see § 2(b) through (d) of the Solid Waste Facility Permit Second Emergency Amendment Act of 1998 (D.C. Act 12-623, February 1, 1999, 45 DCR 1364).
For temporary (225 day) amendment of section, see § 2(e) of Solid Waste Facility Permit Temporary Amendment Act of 1998 (D.C. Law 12-120, June 11, 1998, law notification 45 DCR 4037).
For temporary (225 day) amendment of section, see § 2 of Solid Waste Facility Permit Temporary Amendment Act of 1999 (D.C. Law 13-5, May 28, 1999, law notification 46 DCR 5305).
For temporary (225 day) addition, see § 2(f) of Solid Waste Facility Permit Temporary Amendment Act of 1998 (D.C. Law 12-120, June 11, 1998, law notification 45 DCR 4037).

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After discussing the impact hemophilia can have on one’s life, Doris V. Quon, MD, and patient Eric Mamos discuss potential ways to mitigate this impact and live a healthy life.
Doris V. Quon, MD: Eric, we’ve discussed how hemophilia affected your life early on. How is it affecting your life now that you’re an adult? What impact does living with hemophilia have?
Eric Mamos: I’m told that hemophiliacs are certainly more prone to, or can have, strokes. We have a whole work-from-home program at work, but I’m the guy that doesn’t work from home. I come in 5 days a week. If I have meetings, I leave my door open because I’m paranoid. I’ve become a little bit paranoid, even though I’m on better medication and I know all these things. That’s all great, but logic goes out the window when you think that there’s a possibility. I’ll just go into work.
Doris V. Quon, MD: Have there been any other treatments that are nonfactor or nonpharmacological therapies that you are involved with that would treat your hemophilia or make your life easier? Physical therapy? There’s a lot of pain associated with having hemophilia and joint bleeds. How did you manage those things?
Eric Mamos: I think that I’m blessed to have the genes of my dad. My dad has an extremely high tolerance for pain. I think I took after him. The pain has always been there, but I can deal with it. I try to avoid taking things like Advil and Tylenol if I don’t need to or if I can avoid it. I never really did a lot of pain management. In terms of physical therapy, I was active and thin—if that’s possible to believe—before the ITP [idiopathic thrombocytopenic purpura], actually.
Doris V. Quon, MD: Yes, I did that to you.
Eric Mamos: That ITP killed me. I think I gained 50 pounds, something like that, from the treatment. It’s never gone away.
Doris V. Quon, MD: Yes. When Eric had idiopathic thrombocytopenia purpura, now called immune thrombocytopenia purpura—a low platelet count—I had to put him on steroids, which is the common treatment for this disorder. He gained weight from that.
Doris V. Quon, MD: Yes, I understand, you have enough comorbidities without extra comorbidities. With aging in hemophilia patients, we’ve actually seen a lot of comorbidities, including diabetes, high blood pressure, and even cardiac disease. It’s something to be concerned about.

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text:
This opinion or order relates to an opinion or order originally issued on June 27, 2000.
__________ * Senior Judge Buckley was a member of the panel which decided United States v. Schaffer, 214 F.3d 1359 (D.C. Cir. 2000), at issue in the instant petition for rehearing. Having retired on October 1, 2000, however, Senior Judge Buckley did not participate in the consideration of the petition for rehearing.
Opinion filed by Circuit Judge Henderson, concurring sep- arately.
Edwards, Chief Judge, concurring in the denial of the petition for rehearing: In United States v. Schaffer, 214 F.3d 1359 (D.C. Cir. 2000) (Schaffer II), this court reversed a judgment of the District Court granting a new trial for defendant Schaffer. The trial judge had ruled that a new trial was warranted under Rule 33 of the Federal Rules of Criminal Procedure because the testimony of Michael Espy, which was unavailable to the defendant during his first trial, was newly available and likely to result in an acquittal if introduced in a new trial. See id. at 1361. We rejected this conclusion because the record revealed that Schaffer had failed to satisfy the requirements of Thompson v. United States, 188 F.2d 652 (D.C. Cir. 1951). See id. at 1363.
[w]hen, as here, a defendant believes that a particular person's testimony would be vital to his defense but either cannot locate the witness or believes it would be futile to subpoena him, the defendant has the obligation to seek a continuance of his trial or to explain to the trial court why the desired witness will not be produced. Schaffer II, 214 F.3d at 1362. In retrospect, this could be viewed as a new per se rule, as Schaffer suggests. This was not the intention of the court in Schaffer II, however.
a [mere] belief in the futility of ... action will not satisfy the need for a concrete attempt either to compel the production of relevant evidence or to seek some accom- modation from the trial court that would preserve the defendant's right to present evidence that was critical to his case. Whatever the minimum requirement of dili- gence, it cannot be a purely private evaluation of the availability of the testimony or the likelihood of relief from the court. Such a standard would seriously impair the important goal of finality that the diligence require- ment serves. Schaffer II, 214 F.3d at 1362 (emphasis added). This is not a new per se rule retroactively applied to Schaffer. It flows directly from Thompson and other cases construing Rule 33. See id.
In order to invoke Rule 33, a "party seeking [a] new trial must [have shown] diligence in the attempt to procure the newly discovered evidence." Thompson, 188 F.2d at 653. The District Court in the instant case opined that the record facts on diligence "are not in dispute." United States v. Schaffer, 83 F. Supp. 2d 52, 55 (D.D.C. 1999). The trial judge went on to find "no basis on which to conclude that counsel's wish to have Espy testify was not genuine." Id. at 57 (emphasis added). No one could suppose, however, that this was a finding of "diligence" as required by Thompson. The District Court then concluded that "diligent efforts were made to adduce Espy's testimony" when Schaffer's counsel conferred with Espy's counsel and then made forthright representations to the District Court about the unavailability of Espy's testimony. Id. at 58. The problem, however, as the District Court seemed to recognize, is that Schaffer's decision not to take concrete action to procure Espy's testi- mony was based on his personal surmise that any such action would be futile. We have no reason to doubt that Schaffer's counsel intended to be responsible and act professionally. Nonetheless, there is no evidence of "diligence in the attempt to procure" Espy's testimony as Thompson requires. The District Court was simply wrong to conclude otherwise.
confusion on this point, we make it clear now that the judgment in this case does not rest on any per se rule.
findings on conflicting evidence by trial courts on motions for new trial based on newly discovered evidence remain undisturbed except for most extraordinary circum- stances. United States v. Johnson, 327 U.S. 106, 111 (1946). "If there is an issue of credibility of the newly discovered evidence, the role of the judge is that of fact finder, and his resolution of the fact issues is ordinarily not reviewable on appeal." 3 Charles Alan Wright, Federal Practice and Procedure s 557, at 336 (2d ed. 1982). Thus, we review the District Court's grant or denial of a new trial for abuse of discretion. See Langevine v. District of Columbia, 106 F.3d 1018, 1023 (D.C. Cir. 1997).
849 (D.C. Cir. 1981), cert. denied, 455 U.S. 994 (1982). In light of this highly deferential standard of review, I cannot say that the District Court erred in applying the "probably- produce-an-acquittal" prong of the Thompson test.
[b]ecause the evidence of Schaffer's specific unlawful intent was so thin--it was an entirely circumstantial case on which the jury could have decided either way, Schaf- fer, 183 F.3d at 850--the proffered evidence about the nature of the [Arkansas Poultry Federation] meeting and Espy's reasons for attending has an important bearing on the "intent question." I find it indeed to be of such nature that, in a new trial, it would probably produce an acquittal. United States v. Schaffer, 83 F. Supp. 2d at 54-55. The Schaffer II opinion mistakenly doubts the relevance of the Espy testimony and, therefore, concludes that its introduction in a new trial "would do little to undermine the independent counsel's case." Schaffer II, 214 F.3d at 1363. However, because the Espy testimony cannot fairly be rejected as irrelevant, and because the District Court was in the best position to evaluate Espy's believability and the likely effect of Espy's testimony on the rest of the evidence, it was a mistake for this court to second-guess the trial judge on this point.
This court's failure to give deference to the District Court on the probably-produce-an-acquittal prong of Thompson does not save the day for Schaffer, however. Even assuming, arguendo, that Rule 33 may be applied in the absence of "newly discovered" evidence, Schaffer's demand for a new trial nonetheless fails for want of diligence. Furthermore, although the decision in Schaffer II expresses skepticism regarding the applicability of Rule 33 in cases involving "newly available" (as opposed to "newly discovered") evi- dence, see Schaffer II, 214 F.2d at 1363, Schaffer's petition has not persuaded this court to perform a juridic tour de force as regards the contours of Rule 33.
This result, admittedly, produces a curious disposition, indeed, one that is somewhat troublesome. Traditionally, we defer to the trial judge's exercise of discretion to grant a new trial on grounds that there is a fair likelihood of acquittal. In this case, however, we are obliged to ignore this powerful consideration. Defendant simply failed to act with the dili- gence required by Thompson, and such failure is fatal. My concern over this curious application of the Thompson factors is, in my view, noteworthy, though not peremptory. In the end analysis, it is far from clear that this case involves newly discovered evidence which Rule 33 absolutely requires, so Schaffer's case fails in any event under the existing Federal Rules of Criminal Procedure.
While I agree that Schaffer's petition for rehearing should be denied on the ground that the panel decision correctly held defense counsel failed to exercise due diligence in attempting to procure Espy's testimony, I do not believe we should uphold the district court's finding that Espy's testimony, had the jury heard it, would likely have led to Schaffer's acquittal. This trial record reveals no "confusing testimony and events." See Edwards Op. at 3-4 (quoting Schneider v. Lockheed Aircraft Corp., 659 F.2d 835, 848 (D.C. Cir. 1981), cert. denied, 455 U.S. 994 (1982)). Nor was the district court called upon to assess the "believability" or "credibility" of Espy's testimony. See id. at 3, 4. The district court's role was simply to determine whether largely irrelevant evidence would have persuaded the jury to render a different verdict. And I continue to believe the district court got it wrong.

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text:
In this chapter the apostle proceeds in the account of the reasons why he did not come to Corinth (v. 1-4). Then he writes concerning the incestuous person who lay under censure; and gives direction for restoring him, together with the reasons for their so doing (v. 5�), and afterwards informs them of his labours and success in preaching the gospel in several places (v. 12�).
In these verses, 1. The apostle proceeds in giving an account of the reason why he did not come to Corinth, as was expected; namely, because he was unwilling to grieve them, or be grieved by them, v. 1,2. He had determined not to come to them in heaviness, which yet he would have done had he come and found scandal among them not duly animadverted upon: this would have been cause of grief both to him and them, for their sorrow or joy at meeting would have been mutual. If he had made them sorry, that would have been a sorrow to himself, for there would have been none to have made him glad. But his desire was to have a cheerful meeting with them, and not to have it embittered by any unhappy occasion of disagreeing. 2. He tells them it was to the same intent that he wrote his former epistle, v. 3, 4. (1) That he might not have sorrow from those of whom he ought to rejoice; and that he had written to them in confidence of their doing what was requisite, in order to their benefit and his comfort. The particular thing referred to, as appears by the following verses, was the case of the incestuous person about whom he had written in the first epistle, ch. 5. Nor was the apostle disappointed in his expectation. (2.) He assures them that he did not design to grieve them, but to testify his love to them, and that he wrote to them with much anguish and affliction in his own heart, and with great affection to them. He had written with tears, that they might know his abundant love to them. Note, [1.] Even in reproofs, admonitions, and acts of discipline, faithful ministers show their love. [2.] Needful censures, and the exercise of church-discipline towards offenders, are a grief to tender-spirited ministers, and are administered with regret.
In these verses the apostle treats concerning the incestuous person who had been excommunicated, which seems to be one principal cause of his writing this epistle. Here observe, 1. He tells them that the crime of that person had grieved him in part; and that he was grieved also with a part of them, who, notwithstanding this scandal had been found among them, were puffed up and had not mourned, 1 Co. 5:2. However, he was unwilling to lay too heavy a charge upon the whole church, especially seeing they had cleared themselves in that matter by observing the directions he had formerly given them. 2. He tells them that the punishment which had been inflicted upon this offender was sufficient, v. 6. The desired effect was obtained, for the man was humbled, and they had shown the proof of their obedience to his directions. 3. He therefore directs them, with all speed, to restore the excommunicated person, or to receive him again to their communion, v. 7, 8. This is expressed several ways. He beseeches them to forgive him, that is, to release him from church-censures, for they could not remit the guilt or offence against God; and also to comfort him, for in many cases the comfort of penitents depends upon their reconciliation not only with God, but with men also, whom they have scandalized or injured. They must also confirm their love to him; that is, they should show that their reproofs and censures proceeded from love to his person, as well as hatred to his sin, and that their design was to reform, not to ruin him. Or thus: If his fall had weakened their love to him, that they could not take such satisfaction in him as formerly; yet, now that he was recovered by repentance, they must renew and confirm their love to him. 4. He uses several weighty arguments to persuade them to do thus, as, (1.) The case of the penitent called for this; for he was in danger of being swallowed up with over-much sorrow, v. 7. He was so sensible of this fault, and so much afflicted under his punishment, that he was in danger of falling into despair. When sorrow is excessive it does hurt; and even sorrow for sin is too great when it unfits for other duties, and drives men to despair. (2.) They had shown obedience to his directions in passing a censure upon the offender and now he would have them comply with his desire to restore him, v. 9. (3.) He mentions his readiness to forgive this penitent, and concur with them in this matter. "To whom you forgive I forgive also, v. 10. I will readily concur with you in forgiving him.'' And this he would do for their sakes, for love to them and for their advantage; and for Christ's sake, or in his name, as his apostle, and in conformity to his doctrine and example, which are so full of kindness and tender mercy towards all those who truly repent. (4.) He gives another weighty reason (v. 11): Lest Satan get an advantage against us. Not only was there danger lest Satan should get an advantage against the penitent, by driving him to despair; but against the churches also, and the apostles or ministers of Christ, by representing them as too rigid and severe, and so frightening people from coming among them. In this, as in other things, wisdom is profitable to direct, so to manage according as the case may be that the ministry may not be blamed, for indulging sin on the one hand, or for too great severity towards sinners on the other hand. Note, Satan is a subtle enemy, and uses many stratagems to deceive us; and we should not be ignorant of his devices: he is also a watchful adversary, ready to take all advantages against us, and we should be very cautious lest we give him any occasion so to do.
I. Paul's unwearied labour and diligence in his work, v. 12, 13. He travelled from place to place, to preach the gospel. He went to Troas from Philippi by sea (Acts 20:6), and thence he went to Macedonia; so that he was prevented from passing by Corinth, as he had designed, ch. 1:16. But, though he was prevented in his design as to the place of working, yet he was unwearied in his work.
II. His success in his work: A great door was opened to him of the Lord, v. 12. He had a great deal of work to do wherever he came, and had good success in his work; for God made manifest the savour of his knowledge by him in every place where he came. He had an opportunity to open the door of his mouth freely, and God opened the hearts of his hearers, as the heart of Lydia (Acts 16:14), and the apostle speaks of this as a matter of thankfulness to God and of rejoicing to his soul: Thanks be to God, who always causeth us to triumph in Christ. Note, 1. A believer's triumphs are all in Christ. In ourselves we are weak, and have neither joy nor victory; but in Christ we may rejoice and triumph. 2. True believers have constant cause of triumph in Christ, for they are more than conquerors through him who hath loved them, Rom. 8:37. 3. God causeth them to triumph in Christ. It is God who has given us matter for triumph, and hearts to triumph. To him therefore be the praise and glory of all. 4. The good success of the gospel is a good reason for a Christian's joy and rejoicing.
1. The different success of the gospel, and its different effects upon several sorts of persons to whom it is preached. The success is different; for some are saved by it, while others perish under it. Nor is this to be wondered at, considering the different effects the gospel has. For, (1.) Unto some it is a savour of death unto death. Those who are willingly ignorant, and wilfully obstinate, disrelish the gospel, as men dislike an ill savour, and therefore they are blinded and hardened by it: it stirs up their corruptions, and exasperates their spirits. They reject the gospel, to their ruin, even to spiritual and eternal death. (2.) Unto others the gospel is a savour of life unto life. To humble and gracious souls the preaching of the word is most delightful and profitable. As it is sweeter than honey to the taste, so it is more grateful than the most precious odours to the senses, and much more profitable; for as it quickened them at first, when they were dead in trespasses and sins, so it makes them more lively, and will end in eternal life.
2. The awful impressions this matter made upon the mind of the apostle, and should also make upon our spirits: Who is sufficient for these things? v. 16. Tis hikanos梬ho is worthy to be employed in such weighty work, a work of such vast importance, because of so great consequence? Who is able to perform such a difficult work, that requires so much skill and industry? The work is great and our strength is small; yea, of ourselves we have no strength at all; all our sufficiency is of God. Note, If men did seriously consider what great things depend upon the preaching of the gospel, and how difficult the work of the ministry is, they would be very cautious how they enter upon it, and very careful to perform it well.
3. The comfort which the apostle had under this serious consideration, (1.) Because faithful ministers shall be accepted of God, whatever their success be: We are, if faithful, unto God a sweet savour of Christ (v. 15), in those who are saved and in those also who perish. God will accept of sincere intentions, and honest endeavours, though with many they are not successful. Ministers shall be accepted, and recompensed, not according to their success, but according to their fidelity. Though Israel be not gathered, yet shall I be glorious in the eyes of the Lord, Isa. 49:5. (2.) Because his conscience witnessed to his faithfulness, v. 17. Though many did corrupt the word of God, yet the apostle's conscience witnessed to his fidelity. He did not mix his own notions with the doctrines and institutions of Christ; he durst not add to, nor diminish from, the word of God; he was faithful in dispensing the gospel, as he received it from the Lord, and had no secular turn to serve; his aim was to approve himself to God, remembering that his eye was always upon him; he therefore spoke and acted always as in the sight of God, and therefore in sincerity. Note, What we do in religion is not of God, does not come from God, will not reach to God, unless it be done in sincerity, as in the sight of God.

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The California Money Transmission Act: Boon to Consumers or Bane to Innovation?
Recently California passed the Money Transmission Act (CA MTA), which some believe to be a threat to innovation in Silicon Valley and the death knell for certain types of startups. The CA MTA “prohibits a person from engaging in the business of money transmission in California or advertising, soliciting, or holding itself out as providing money transmission unless licensed  or exempt from licensure,” thus expanding California’s previous money transmission regulations and licensure requirements in broad terms while assigning regulation and licensing authority to the California Department of Financial Institutions (DFI). The Act now applies to domestic money transmitters and includes stored value device issuers, as well as other businesses that offer new types of alternative payment and mobile applications.
Money transmission laws date back to 1936 in California after money transmitter businesses were created to take advantage of a new market of immigrants wishing to send money back to their native land. Regulations were originally designed to prevent money laundering, fraud, and other financial crimes, however after the events of September 11, 2001, the financing of terrorist activities jumped to the forefront prompting many states to pass money transmission laws. Congress responded with its own legislation, passing the USA PATRIOT Act, which among other things, amended 18 U.S.C. § 1960 criminalization of acting as an unlicensed money transmitting business in a state that requires such a license, by making the mens rea requirement one of general intent. The District of Columbia and 48 states have similar money transmitter laws, however none seem to be experiencing the uproar and criticism experienced in California. This can most likely be attributed to two issues: the CA MTA is broader and has more expensive licensing requirements than what is typical among the states and California has an environment of unique, highly entrepreneurial channels and a large startup volume.
The CA MTA provides that “a person shall not engage in the business of money transmission in this state, or advertise, solicit, or hold itself out as providing money transmission in this state, unless the person is licensed or exempt from licensure . . . .” Based on findings that the failure of money transmission businesses to fulfill their obligations would cause harm to consumers and the state while undermining public confidence and general welfare, the legislature designed the act with the purported purpose of protecting the interest of persons in the state who use money transmission services, of providing for the safe and sound conduct of the business of licensees, and to maintain public confidence in licensees.
“Money Transmission” is defined broadly to mean selling or issuing payment instruments, selling or issuing stored value, or receiving money for transmission. A “payment instrument” is defined as an instrument for the transmission or payment of money or monetary value, whether or not negotiable, excluding issuers who also redeem the instrument for goods or services provided by the issuer. “Stored value” means monetary value representing a claim against the issuer that is stored on a digital or electronic medium and accepted as means of redemption for money or as payment for goods or services excluding cards issued by businesses that also redeem the card for goods or services provided by the issuer. Finally, “receiving money for transmission” broadly includes any transaction where money or monetary value is received for transmission within or outside the United States by electronic or other means—thus possibly including certain novel mobile payment applications and emerging payment platforms that are not offered by banks or other regulated depository institutions.
These broad terms change existing regulations in several ways. First of all, the Act combines three existing license regimes—traveler check issuers, money order sellers, and foreign money transmitters—into one. Secondly, it newly subjects domestic money transmitters and stored value, or open loop, issuers to licenses. Finally, it criminalizes engaging in money transmission in California without a license. It is important to note that this law applies to anyone who engages in its prohibitions in California or for California residents.
Just as the CA MTA’s defining prohibition is seemingly broad and open-ended, likewise are its license requirements, which are more demanding than what is typical among the states. A license is only attainable by a corporation or limited liability company and is issued by the Commissioner of the California Department of Financial Institutions (Commissioner). An application requires a nonrefundable $5,000 fee along with a multitude of specified information provided “in a form and in a medium prescribed by the [C]ommissioner.” This section also includes a catchall provision entitling the Commissioner to “any other information the [C]ommissioner requires with respect to the applicant” as well as the ability to waive or replace specified information requirements. The Commissioner is authorized to conduct an examination of an applicant, at the applicant’s expense, and then approve its application if certain specific findings are made including that “the financial condition of the applicant is otherwise such that it will be safe and sound for the applicant to engage in the business of money transmission,” the applicant and its agents are of good character and sound financial standing, it is competent, its plan affords reasonable promise of successful operation, and it is reasonable to believe the applicant will be compliant once licensed. In addition to the broad terms of authorizing a license, § 2036 provides a supplementary and powerful catchall phrase entitling the Commissioner to “impose on any authorization, approval, license, or order issued pursuant to this chapter any conditions that he or she deems reasonable or necessary to the public interest,” including exemptions from the license requirement.
When designing the CA MTA, the California legislature found that “the failure of money transmission businesses to fulfill their obligations would cause loss to consumers, disrupt the payments mechanism in this state, undermine public confidence in financial institutions doing business in this state, and adversely affect the health, safety, and general welfare of persons in this state.” Based on this concern, the legislature added large security deposit requirements in order to ensure that licensees were of sound financial standing in order to prevent the failure of money transmission businesses and weed out “fly-by-night” company applicants. The security requirement however is ambiguous and broad—as is the trend throughout the Act—providing that as a security, a licensee will deposit cash, securities, or a surety bond in “such amount as the [C]ommissioner may find and order from time to time as necessary to secure the faithful performance of the obligations of the licensee . . . .” If a licensee sells or issues payment instruments or stored value, then it must maintain securities or a surety bond of at least $500,000 or 50 percent of the California average daily outstanding payment instrument and stored value obligations up to $2,000,000. A licensee that engages in receiving money for transmission must maintain a security or surety bond in an amount greater than the average daily outstanding obligations for money received for transmission in California ranging from $250,000 to $7,000,000. The security, money, bonds, and their proceeds are deposited with the State Treasurer and “shall constitute a trust fund for the benefit of persons in California” who were customers of the licensee in the event of its failure.
In addition to the security deposit requirements, the CA MTA also includes several regulatory compliance provisions such as paying an annual $2,500 fee (among other conditional licensee fees); filing audit reports and specific informational reports—including total volume of activities, transactions, obligations, etc.; and providing consumers with certain disclosures, notices, and records.
The Commission has yet to exercise its enforcement capabilities, but they are broad and powerful as presented in the statute. The CA MTA authorizes the Commissioner to suspend or revoke a license if “the Commissioner finds that a licensee or agent of a licensee has, among other things, violated the provisions of the CA MTA or engaged in fraud or unsound practices . . . .” If a money transmitting business fails to attain a license and conducts business regardless, it could be faced with heavy civil penalties, criminal penalties, or both. Also frightening is the possibility that the CA MTA may, in conjunction with § 1960 of the USA PATRIOT Act, result in an unknowingly unlicensed money transmitting business being guilty of committing a federal general intent crime. This fact is exceptionally worrisome, as many companies may not realize that they require a license due to the Act’s ambiguity. Also, the expensive licensing requirements can be crippling to some startups that are unable to afford the license requirements. As this Act only recently went into effect, it is difficult to predict the scope of the possible enforcement actions, the weight of their ensuing penalties, or how such actions will play out.
3. Who Requires a License?
Do you take funds/value from A and agree to pay them to B on behalf of A; and/or Do you take funds/value from A, and store it so that A can make purchases from third parties or take cash out at a later date.
This answer however, is no less broad than the language of the statute. It could potentially cover a wide array of companies from Airbnb, for renting hosts’ rooms to travelers; to Apple, for taking money from customers and paying it to App developers; and to Zynga, for selling virtual currency. There has already been confusion between DFI and a company on the Act’s application; Airbnb believes the licensing requirements do not apply to them, and DFI believes the opposite. DFI has shown that it is willing to work with companies, like Square who didn’t even apply for a license until a year after the Act went into effect. This leniency though, might be temporary as the Act is relatively new and possesses penalties that are potentially crippling. When interpretations between a company and DFI differ on the law’s application, litigation might be required. In such cases, criminal enforcement and civil penalties may be at stake. If a money transmitting business does fail, the security bond requirements of the Act are supposed to make consumers whole, which may or may not justify the high compliance cost.
FaceCash is a startup that stopped doing business in California because it couldn’t afford the security deposit requirements. The company was unable to receive an exemption from the state and embarked upon litigation against California. The CA MTA cannot be enforced against FaceCash because it discontinued its business in California, but what if it had not? Companies that can’t afford the security deposits and aren’t sure whether the Act applies to them may be faced with asking themselves whether they should risk the potential penalties rather than try and comply with the Act’s high licensing requirements.
The DFI publishes a list of the companies that currently are licensed under the CA MTA as a money transmitting business. The best strategy for a company presently is to look at this list and determine if its business model is similar to those companies that require and have attained a license. If its business model is innovative, using the plain English test passed down by the DFI is the next best choice. However, until the scope of the Act’s enforcement and penalties are clearer, many startup companies will be dissuaded from conducting possible money transmission business and risking high penalties and possible criminal prosecution. In this sense, the CA MTA is detrimental to innovation, and a new, expensive burden for the many startups that make their home in California.
 Money Transmission Act, Cal. Fin. Code § 2000 (West 2012); see Chris Hinyub, The Money Transmission Act: A Boon to Banks, a Bane of Small Businesses, IVN.us (May 25, 2011), http://ivn.us/2011/05/25/money-transmission-act-boon-banks-bane-small-businesses/ (“[T]he Money Transmission Act is designed to kill innovation.”); Owen Thomas, This Innovation-Killing California Law Could Get A Host of Startups in Money Trouble, Business Insider (July 11, 2012, 6:21 PM), http://www.businessinsider.com/california-money-transmitter-act-startups-2012-7 (“[Startups’] entrepreneurial impulse could be stifled by a surprisingly broad statute governing money transmission in California . . . .”).
 Marie Hogan, California’s New Money Transmission Law Sweeps Up, Joseph & Cohen (May 19, 2011), http://josephandcohen.com/2011/05/californias-new-money-transmission-law-sweeps-up/.
Jonathan Pompan, California Enacts Sweeping New Law Targeting Money Transmitters, Venable LLP (Oct. 2010), http://www.venable.com/california-enacts-sweeping-new-law-targeting-money-transmitters-10-05-2010/.
 Andrea Lee Negroni, Risky Business: State Regulation of Money Transmitters, CLEAR News (Goodwin Proctor LLP, Bos., Mass.) Spring 2003, at 1–2, available at http://www.goodwinprocter.com/~/media/Files/Publications/Attorney%20Articles/2003/Risky_Business_State_Regulation_of_Money_Transmitters.ashx.
 Jonathan L. Pompan, Understanding the Relationship Between Money Transmitter Laws and Regulations and Debt Management Plans, Venable LLP (Jan. 20, 2012, 9:30 AM), http://www.aiccca.org/images/AICCCA%20Presentation%20-%20Understanding%20the%20Relationship%20between%20Money%20Transmitter%20Laws%20and%20Regulations%20and%20Debt%20Management%20Plans%20(January%2020%202012).pdf.
 Money Transmission Act, Cal. Fin. Code § 2030 (West 2012).
 Id. § 2003(q); see Hogan, supra note 2 (listing as examples: a check, draft, or money order).
 Fin § 2003(v); see Hogan, supra note 2 (distinguishing Visa gift cards, which are included; from cards issued by leading coffee chains, which are excluded).
 Fin § 2003(s); Hogan, supra note 2.
 See Pompan, supra note 9 (explaining that typical requirements for state licensing include “good moral character”, “sufficient financial responsibility”, “business experience”, “confidence of the public”, “a minimum net worth of [e.g.] $150,000”, and “3 years experience in money transmission or other related financial services”).
 Money Transmission Act, Cal. Fin. Code § 2031 (West 2012); Pompan, supra note 2.
 See Fin. § 2032 (listing specified information requirements from § 2032(c)(1)–(22)).
 See id. § 2033 (listing specific findings from § 2033(b)(1)–(5)).
 Id. §§ 2033, 2037; Danielle Rodabaugh, California Money Transmitter Company Closes, Possibly to Avoid $750,000 Surety Bond, Suretybonds.com (July 8, 2011), http://www.suretybonds.com/blog/california-money-transmitter-company-closes-possibly-to-avoid-750000-surety-bond/1411 (“The state established the high surety bond requirement to keep fly-by-night companies out of the market.”).
 Fin. § 2037; Pompan, supra note 2.
 Fin. § 2038. See § 2038(e)–(h) for additional conditional fees.
 Id. § 2039 (listing specific requirements for respective required reports); Pompan, supra note 2.
 Fin. §§ 2100–2106; Pompan, supra note 2.
 Fin. § 2035; Pompan, supra note 2.
 Directory of Money Transmitters, CA.gov, http://www.dfi.ca.gov/directory/mt.asp (last updated Sept. 5, 2012, 9:31:16 AM).


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text:
Art 1. The European Traditional Sports and Games Association, (here in after referred to as ETSGA), was founded on the 28th of April 2001 at Lesneven (France). It comprises sports or cultural federations, associations, educational institutions or companies whose aim is the management, promotion and the guardianship of traditional games and sports in Europe.
The aims and objects of ETSGA are to promote and to develop the practice of traditional sports and games, in agreement with its members.
Political discussion with a party, religious, or racial bias, or dealing with subjects irrelevant to the aims of ETSGA are forbidden.
The seat of registration is ” Ti ar vro, Place de l’Europe (F) 29260 Lesneven” which can be transferred to any other place by a mere majority decision of the annual general meeting.
To support the affiliated members by thecreation of an information network.
To support the setting up of other nationalor regional associations.
To support the setting up of internationalmeeting and conferences.
To support study, research and thecreation of inventories and educational play applications of traditional games and sports.
To support research in the area of resource creation.
To support the publishing of reports, booklets or books and the use of informational technology.
To support any initiative or youth educational policy which improves the life quality of the general population.
Art 3. ETSGA is composed of associations which have been admitted to membership by the council.
It can be enrich, to individual title, of members with the title of “qualified people” and members of honour.
Art 4. A member newly agreed by ETSGA must serve a probationary period of two years. During the probationary period the such members assume the same rights and responsibilities as all other members.
Art 5. The members contribute to the functioning of ETSGA by a yearly subscription which shall be decided by the AGM. The level of this subscription shall be the same for every member.
The yearly subscription for members in an individual capacity shall be decided by the A.G.M.
By withdrawal decided in conformity with its constitution.
By expulsion decided by the council.
The concerned body’s Chairman shall be summoned in advance to state his/her case.
An appeal may be made to the A.G.M.
By expulsion decided on by the council. An individual member shall be summoned in advance to state his/her case.
An appeal may be made to the AGM.
Art 7. The Annual General Meeting (AGM) of ETSGA shall be composed of representatives of the associations and individual members. Each association shall have one vote at the AGM. The other representatives of an association and the individual members of ETSGA have AEJeST, the European Traditional Sports and Games Association Constitution access to the A.G.M. and may take part in the debates. They shall not have the right to vote unless they are members of the council. Proxy voting is allowed for one vote only.
Art 8. The A.G.M. of ETSGA shall meet once a year with an ordinary character, and, with an extraordinary character, each time it shall be convened by the President, either at the request of the council, or at the request of at least one quarter of the members.
The agenda shall be set by the council and shall be forwarded to each affiliated sport grouping one month in advance of the meeting.
To hears reports of the council and those of management on the activity and the situation of the association.
To approve accounts and deliberate on the financial situation.
To organise the election of the council members.
To decide and ratify the yearly contributions.
To approve the acceptance of new bodies and new individual members after the probationary period.
To approve honorary members proposed by the Council or affiliated members.
To approve the rules of the association, and any proposed changes.
To decide if there is a need for the dissolution of the association.
The yearly report and accounts shall be forwarded each year to all members. The remunerated agents of ETSGA may be permitted by the President to attend the sessions of the A.G.M. in an advisory capacity.
Art 9. ETSGA shall be conducted by a council of 5 person’s minimum and 9 person’s maximum. Each member of the council shall have a deputy. Only a vote of no confidence expressed by the majority of the council can stop any of these mandates. Candidates must be adults enjoying their full civic and political rights, and mandated by their federations or an individual whose candidature is accepted by the Council. Retiring members may be re-elected.
Art 10. In case of a vacancy in the council, a new nomination shall be provided at the next AGM. The competencies of such elected members shall finish when the mandate of the member or members whom they replaced expires.
Art 11. The Council is elected for a period of 4 years. The President is elected by the Council, by a simple majority of the votes of those eligible to vote. The executive committee is then elected by members of the Council; it comprises of at the minimum, a president, a secretary and a treasurer.
Art12. In case of a vacancy to the pos tof President, the council shall proceed to the election, by a secret vote, of its members.
Art 13. The council shall meet at least once a year and each time shall be convened by the President or at the request of at least a quarter of its members. A meeting shall be quorate by the attendance of at least half including proxy-votes, of the members of the council. Proxy-voting shall be permitted with a maximum of one vote per person. A minute of all meetings is taken.
Art 14. Members of the Council shall not be remunerated for their duties. The remunerated agents of ETSGA may be permitted by the President to attend, in an advisory capacity, the sessions of the council and executive committee.
Art 15. The President shall represent ETSGA in all acts of civic life. He shall sanction all expenditures. He may sanction a delegation according to the laws of the association. In case of representation in courts of law, the President may only be superseded by a trustee acting under special proxy.
The subscriptions and contributions of the members.
The financial surplus from events.
The subsidies of states, communities and public institutions, etc.
The receipt of remuneration’s given for rendered services – Donations.
Art 17. An annual balance sheet shall be presented to the AGM.
Art 18. The Constitution shall only be modified by the A.G.M., on the proposal of the council or of a quarter of the members who compose the general assembly. Proposals to change the constitution shall be placed on the agenda, which shall be forwarded to the affiliated bodies a minimum of one month in advance. The meeting must be composed at least of a quarter of the affiliated organisations. Should that proportion not be reached, the A.G.M. shall be reconvened. In such case one month’s notice must be given. Any such reconvened meeting may validly debate, what so ever the number of those present (or represented). In either case, modifications may only be permitted by a majority vote of two thirds of those present (or represented).
Art 19. An AGM convened on to make a decision on the dissolution of ETSGA and, specially summoned to that purpose, must include half, plus one, of all affiliated members. Should that proportion not be reached, the assembly shall be reconvened after a period of one month. One month’s notice shall be given for any such reconvened meeting which may validly debate whatsoever the number of the members present (or represented). In either case, dissolution shall only be valid by a majority of the two thirds of the members present (or represented).
Art 20. In case of dissolution, the A.G.M. shall appoint one or several commissioners to be in charge of the liquidation of all properties and assets.
Art 21. The President (or his trustee) shall notify, in the following three months, all the changes which have occurred in the council, of the county council where the ETSGA’s registered seat is located.
Art 22. Decisions that appear in the minutes of the council shall be in accord with the laws of the association. The minutes shall be sent to all members of the association.
Art 23. The present Constitution has been authorised by the first general meeting which was held in Lesneven on the 28th April 2001. The Constitution shall be registered at Brest (France) at the suit of the President and Secretary.

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