See the order that Monster Energy NASCAR Cup Series cars will head out for single-car qualifying on Saturday afternoon (2 p.m. ET on NBCSN/NBC Sports App, MRN, SiriusXM NASCAR Radio). You can view the list here or by clicking the printer icon above.
It’s been well more than a year in the making, and now Walk-On’s Sports Bistreaux has a date set for its newest location.Located at 2729 Jimmy Johnson Blvd. in Port Arthur, the restaurant opens to the public on Jan. 11.Last month, the signature sports bar and family friendly restaurant announced it was seeking up to 225 individuals to join its team. Interested candidates were encouraged to apply at walk-ons.com/careers.Walk-On’s Sports Bistreaux includes 10,700-square-feet of space, more than 80 TVs, an expansive patio and a variety of local beers on tap. (Candace Hemelt/The News)With a talented staff now in place, Franchisee C.O. Vallet said they are very excited to introduce Walk-On’s Louisiana-inspired menu to Port Arthur, Mid-County and beyond. “Port Arthur is very close to the Louisiana border, so we feel confident that the community will become big fans of Walk-On’s signature Cajun cuisine served in a family-friendly, game-day atmosphere,” Vallet said last month.The grand opening fun includes free mini footballs autographed by New Orleans Saints superstar and Walk-On’s Co-Owner Drew Brees and a chance to win free Walk-On’s for a year.The 10,700-square-feet restaurant features more than 80 TVs, an expansive patio and a variety of local beers on tap.When the restaurant opens, it will be the first Walk-On’s in Port Arthur, 15th in Texas and 46th systemwide. Each dish is made from scratch, using fresh ingredients to bring its mouthwatering, Cajun cuisine to life.The diverse menu features unique twists on game-day staples and upscale takes on Louisiana mainstays, such as crawfish etouffee, duck and andouille gumbo and Krispy Kreme donut bread pudding. For a complete menu, locations and more information, visit walk-ons.com.When Valet announced the project in 2019, he told Port Arthur Newsmedia of the special meaning behind its location. His wife, Cindy, is a Port Arthur native and 1972 graduate of Thomas Jefferson High School.
About the Artist: With a desire to celebrate the magic of live theater and those who create it, and with a deep reverence for such touchstones as the work of Al Hirschfeld and the wall at Sardi’s, Squigs is happy and grateful to be among those carrying on the traditions where theater and caricature meet. He was born and raised in Oregon, lived in Los Angeles for quite a long time and now calls New York City his home. Mike Birbiglia’s The New One View Comments Related Shows Illustration by Justin “Squigs” Robertson for Broadway.com Show Closed This production ended its run on Jan. 20, 2019 Following an acclaimed off-Broadway run at the Cherry Lane Theatre, Mike Birbiglia’s latest solo work The New One opens at Broadway’s Cort Theatre on November 11. Seth Barrish directs the production, which began previews on October 25. The New One marks Birbiglia’s Broadway debut.Birbiglia is a comedian, storyteller, director and actor who has performed in front of audiences worldwide, from the Sydney Opera House to Carnegie Hall. His most recent off-Broadway shows, My Girlfriend’s Boyfriend and Thank God for Jokes, were both filmed for Netflix. In addition to performing live, Birbiglia is an author and filmmaker who wrote, directed and starred in the films Sleepwalk with Me and Don’t Think Twice. Last year, Birbiglia was honored with the Kurt Vonnegut Award for humor.Written by Birbiglia with additional writing by Jennifer Hope Stein, The New One features set design by Beowulf Boritt, lighting design by Aaron Copp and sound design by Leon Rothenberg.To celebrate opening night, Broadway.com Resident Artist Justin “Squigs” Robertson sketched a portrait featuring the show’s writer and star bringing his long-appreciated talent to the Great White Way. Star Files Mike Birbiglia
The Honorable Don MosierCouncil MemberCity of Del Mar, CA Vermont Public Service Department Commissioner Christopher Recchia will appear before the Senate Committee on Environment and Public Works Wednesday at 10 am, to testify at a hearing on stakeholder perspectives about nuclear power plant decommissioning.“I look forward to discussing these critical issues about plant closure and management with the Senate Committee, as Vermont Yankee and other nuclear plants around the country enter shut down phases and head toward decommissioning” Recchia said. “Senator Sanders has been clearly instrumental in getting this topic to be taken up by the Committee as a whole, and I am most appreciative, both to Senator Sanders and Chairman Senator Boxer (CA), for making this a priority” he added. Recchia will be commenting on state’s need for a meaningful role in the decommissioning process, the current NRC exemption process, and spent fuel management priorities. He will also be addressing bills introduced today by Senators Boxer, Sanders and Markey related to these topics.Recchia will appear on a panel with:Michael F. WeberDeputy Exec Dir for Operations Materials, Waste, Research, State, Tribal, and Compliance Prgms, U.S. Nuclear Regulatory Commission Mr. Marvin S. FertelPresident & Chief Executive OfficerNuclear Energy InstituteMore information can be found at this link: http://www.epw.senate.gov/public/index.cfm?FuseAction=Majority.PressReleases&ContentRecord_id=9e96d72a-fe2a-308a-c411-5eae743b183c&Region_id=&Issue_id(link is external)= Mr. Geoffrey H. FettusSenior AttorneyNatural Resources Defense Council
Vermont Business Magazine For a third year, Efficiency Vermont and Burlington Electric Department are launching a grant program for non-profit organizations to help low-income Vermonters reduce their energy bills. The grant program was first launched in January 2014 and has proven successful over the past two years – delivering measurable energy savings and receiving positive feedback from program participants.In 2016, more than 170 megawatt hours of energy were saved under the grant program – or enough energy to power 22 Vermont homes for one year. In addition, the participating organizations conducted 750 home energy visits, which involved replacing inefficient light bulbs with more efficient compact fluorescent and LED light bulbs, installing energy-saving, low-flow water devices and advanced power strips, and identifying other opportunities to reduce energy use, such as replacing inefficient refrigerators and implementing weatherization projects. “These energy visits mean so much to the elders we serve,” said Karen Budde, Volunteer Coordinator for the Northeast Kingdom Council on Aging. “They often live alone in big farm houses. So knowing that they can keep their lights on at a low cost and move through their home safely so they do not fall is very important.”“Our goals with continuing this grant program are to reach more low-income Vermonters and to help reduce their energy burden,” said Liz Gamache, Director of Efficiency Vermont. “By partnering with Vermont non-profits, we’re able to expand our impact and ensure that homes in their communities are more affordable, comfortable, and safe.”“Burlington Electric has long been in the business of making a difference for Burlington’s energy future, and that difference includes helping all members of our community improve their energy efficiency to save money and protect our environment for future generations,” said Neale Lunderville, General Manager of Burlington Electric Department. “We’re glad to partner once again with Efficiency Vermont to provide these grants to serve those in our community who need an extra boost to meet their electric needs.”Efficiency Vermont and Burlington Electric Department expect to award up to 10 non-profit organizations with grants ranging from $10,000 to $30,000. Interested organizations are invited to submit proposals specifying ways they would use the funding to help their constituents save energy. Proposals are due by March 17, 2017, for more information, please visit www.veic.org/company/requests-for-proposals(link is external) or contact Paul Markowitz at firstname.lastname@example.org(link sends e-mail).Efficiency Vermont was created by the Vermont Legislature to help all Vermonters reduce energy costs, strengthen the economy, and protect Vermont’s environment. For more information, contact Efficiency Vermont at 888-921-5990 or visit www.efficiencyvermont.com(link is external).Burlington Electric Department has been serving its customers with safe and reliable power since 1905. Burlington Electric is a recognized national leader in green energy with the recent milestone achievement of sourcing 100 percent of its power from renewable generation.. With a focus on low and stable rates and a commitment to energy efficiency, Burlington Electric’s 20,000 customers use less power today than they did in 1989. For more information about Burlington Electric, visit www.burlingtonelectric.com(link is external).Source: BED 3.2.2017
Comment Committee Note: A candidate for public office or a person who has been elected but has yet to officially assume the responsibilities of public office does not qualify as a public servant. Clement v. State , 895 So. 2d 446 (Fla. 2 nd DCA 2005). This instruction was adopted in 2013. 26.9 MONEY LAUNDERING § 896.101(3)(a), (3)(b), or (3)(c) Fla. Stat. Give if Fla. Stat. § 896.101(3)(a) is charged: To prove the crime of Money Laundering, the State must prove the following four elements beyond a reasonable doubt: 1. (Defendant) [ conducted] [attempted to conduct] a financial transaction. 2. The money or property involved in the financial transaction represented the proceeds of (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document) . 3. (Defendant) knew the money or property involved in the financial transaction represented the proceeds of some form of unlawful activity. Give 4a and/or 4b as applicable. 4. a. (Defendant) did so with the intent to promote the carrying on of (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document) . b. (Defendant) knew that the transaction was designed in whole or in part 1. to [conceal] [disguise] the [nature] [location] [source] [ownership] [control] of the proceeds of (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document) ; [or] CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. None Give if Fla. Stat. § 896.101(3)(b) is charged: To prove the crime of Money Laundering, the State must prove the following two elements beyond a reasonable doubt: 1. (Defendant) [transported] [attempted to transport] [a monetary instrument] [funds]. Give 2a and/or 2b as applicable. 2. a. (Defendant) did so with the intent to promote the carrying on of (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document) ; [or] b. (Defendant) knew that the [monetary instrument] [funds] involved in the transportation represented the proceeds of some form of unlawful activity and also knew that such transportation was designed in whole or in part 1. [to conceal] [to disguise] the [nature] [location] [source] [ownership] [control] of the proceeds of (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document) ; [or] 2. to avoid a [transaction reporting requirement] [money transmitters’ registration requirement] under state law. c. avoid a transaction reporting requirement under state law. Give if applicable. Fla. Stat. § 896.101(4). It is not a defense to Money Laundering that: (a) Any stratagem or deception, including the use of an undercover operative or law enforcement officer, was employed. (b) A facility or an opportunity to engage in conduct in violation of this act was provided. (c) A law enforcement officer, or person acting under direction of a law enforcement officer, solicited a person predisposed to engage in conduct in violation of any provision of this chapter to commit a violation of this chapter in order to gain evidence against that person, provided such solicitation would not induce an ordinary law-abiding person to violate this law. Note to Judge: This subsection does not preclude the defense of entrapment. See jury instruction 3.6(j). Definitions. Fla. Stats. § 896.101(2)(a), § 896.101(2)(g). “Knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity” means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under state or federal law, regardless of whether such activity is (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document) . A “felony” is a crime punishable by death or imprisonment in excess of one year. (Name of crime) is a felony. Fla. Stat. § 896.101(2)(b). “Conducts” includes initiating, concluding, or participating in initiating or concluding a transaction. Fla. Stat. § 896.101(2)(c). “Transaction” means a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, use of a safety deposit box, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected. Fla. Stat. § 896.101(2)(d). “Financial transaction” means a transaction involving the movement of funds by wire or other means or involving one or more monetary instruments, which in any way or degree affects commerce, or a transaction involving the transfer of title to any real property, vehicle, vessel, or aircraft, or a transaction involving the use of a financial institution which is engaged in, or the activities of which affect, commerce in any way or degree. Fla. Stat. § 896.101(2)(f). “Financial institution” means [an insured bank] [a commercial bank or trust company] [a private banker] [an agency or branch of a foreign bank] [a credit union] [a thrift institution] [a broker or dealer in securities or commodities] [an investment banker or investment company] [a currency exchange] [an operator of a credit card system] [an insurance company] [a dealer in precious metals, stones, or jewels] [a pawnbroker] [a loan or finance company] [a travel agency] [a telegraph company] [the United States Postal Service][ (list one of the other institutions enumerated in 31 U.S.C. s. 5312) ], that is located in Florida. Fla. Stat. § 896.101(2)(e). “Monetary instruments” means coin or currency of the United States or of any other country, travelers’ checks, personal checks, bank checks, money orders, investment securities in bearer form or otherwise in such form that title thereto passes upon delivery, and negotiable instruments in bearer form or otherwise in such form that title thereto passes upon delivery. Fla. Stat. § 896.101(2)(h). “Knowing” means that a person knew; or, with respect to any transaction or transportation involving more than $10,000 in U.S. currency or foreign equivalent, should have known after reasonable inquiry, unless the person has a duty to file a federal currency transaction report, IRS Form 8300, or a like report under state law and has complied with that reporting requirement in accordance with law. Fla. Stat. § 896.101(3)(d). “Investigative or law enforcement officer” means any officer of the State of Florida or political subdivision thereof, of the United States, or of any other state or political subdivision thereof, who is empowered by law to conduct, on behalf of the government, investigations of, or to make arrests for, offenses enumerated in this subsection or similar federal offenses. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2013. OFFICIAL MISCONDUCT – 838.022 Proposed jury instructions for criminal cases Fla. Stat. § 838.022(2)(b). “Official Record” or “Official Document” includes only public records. Fla. Stat. § 119.011(12). “Public Records” means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. Give if applicable. Fla. Stat. § 775.08(1). “Felony” means any criminal offense punishable by death or imprisonment in excess of one year. Lesser Included Offenses 3. (Defendant) did so with corrupt intent to [obtain a benefit for a person] [cause harm to another]. Definitions. Fla. Stat. 838.014(1). “Benefit” means gain or advantage or anything regarded by the person to be benefited as a gain or advantage, including the doing of an act beneficial to any person in whose welfare he or she is interested, including any commission, gift, gratuity, property, commercial interest, or any other thing of economic value not authorized by law. Fla. Stat. § 838.014(4). “With corrupt intent” means acting knowingly and dishonestly for a wrongful purpose. Fla. Stat. § 838.014(5). “Harm” means pecuniary or other loss, disadvantage, or injury to the person affected. Fla. Stat. § 838.014(6). “Public Servant” means: a. Any officer or employee of any state, county, municipal or special district agency or entity; b. Any legislative or judicial officer or employee;c. Any person, except a witness, who acts as a general or special magistrate, receiver, auditor, arbitrator, umpire, referee, consultant,or hearing officer while performing a governmental function. a. [falsified] [caused another person to falsify] an [official record] [official document]. b. [concealed] [covered up] [destroyed] [mutilated] [altered] an [official record] [official document] [or caused another person to perform such an act].c. [obstructed][delayed][prevented] the communication of information relating to the commission of a felony that directly involved or affected the public [agency] [entity] served by (defendant). September 15, 2012 Regular News Proposed jury instructions for criminal cases The Supreme Court Committee on Standard Jury Instructions in Criminal Cases submits the following amended and new instructions to the Florida Standard Jury Instructions in Criminal Cases for comment. The committee proposes the following instructions: 19.7 OFFICIAL MISCONDUCT 26.9 MONEY LAUNDERING The committee invites all interested persons to comment on the proposals, reproduced in full below. Comments must be received by the committee in both hard copy and electronic format on or before October 15. The committee will review all comments received in response to the above proposal at its next meeting and will consider amendments based upon the comments received. Upon final approval of the instruction, the committee will make a recommendation to the Florida Supreme Court. File your comments electronically to CrimJuryInst@flcourts.org, in the format of a Word document. In addition, mail a hard copy of your comments to Standard Jury Instructions Committee in Criminal Cases, c/o Bart Schneider, General Counsel’s Office, Office of the State Courts Administrator, 500 S. Duval Street, Tallahassee 32399-1900. 19.7 OFFICIAL MISCONDUCT § 838.022, Fla. Stat. To prove the crime of Official Misconduct, the State must prove the following three elements beyond a reasonable doubt: 1. (Defendant) was a public servant. 2. While a public servant, (defendant) Give as applicable. Give if Fla. Stat. § 896.101(3)(c) is charged: To prove the crime of Money Laundering, the State must prove the following three elements beyond a reasonable doubt: 1. (Defendant) [conducted] [attempted to conduct] a financial transaction. 2. The financial transaction involved [property] [proceeds] which [an investigative or law enforcement officer][someone acting under an investigative or law enforcement officer’s direction] represented as being [derived from] [used to conduct or facilitate] (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document) .3. (Defendant) did so with the intent to Give 3a and/or 3b and/or 3c as applicable. a. promote the carrying on of (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document) ; [or]b. [conceal] [disguise] the [nature] [location] [source] [ownership] [control] of the [proceeds] [property believed to be the proceeds] of (describe the specified unlawful activity listed in Fla. Stat. 895.02 that is alleged in the charging document) ; [or] 2. to avoid a [transaction reporting requirement] [money transmitters’ registration requirement] under state law. Attempt777.04(1)5.1
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The Ministry of Justice will slash £2bn from its £9bn budget in order to meet government spending targets, the Public and Commercial Services Union (PCS) has claimed. Citing a letter understood to have been circulated to MoJ senior staff today, the PCS estimated that around 15,000 of the MoJ’s 80,000 staff risk losing their jobs as a result of the cuts. The MoJ’s director-general of finance Ann Beasley is reported to have sent the letter to senior civil servants outlining the scale of the cuts. Justice secretary Ken Clarke submitted proposals to the Treasury in mid-July, outlining how the department will reduce its overall budget in line with the government’s target of 25-40% reductions. It was reported in July that the £2.1bn legal aid budget would be cut by £500m as part of the proposals, although the MoJ dismissed the figure as ‘speculation’. An MoJ spokesman said today: ‘We are discussing options with [the] Treasury and will not provide a running commentary on the process. No decisions have been made. The outcome of the spending review will be announced on 20 October.’ The PCS said that ‘cuts on this scale cannot be delivered without closing prisons and bringing courts to a standstill.’ General secretary Mark Serwotka said: ‘This is the first indication of the true scale of the cuts being imposed upon departments by this coalition government, and it paints a devastating picture. It is clear that the civil service will simply not be able to cope. We will take every opportunity to remind the government and the public that there is an alternative and these politically motivated cuts are entirely avoidable.’
A fixed-price legal services provider today became the first new entrant of the alternative business structure era to enter the commercial market. Riverview Law, backed with funding from global firm DLA Piper, aims to attract every type of client from small and medium-sized businesses to large corporations. The firm’s offer includes annual contracts providing unlimited legal advice, the scrapping of hourly billing and fixed fees on all services. Large organisations will be invited to outsource in-house legal functions to Riverview Law, also at a fixed price. A team of around 75 lawyers has been recruited, including 43 barristers – 12 Queen’s counsel, to provide legal support in a corporate – rather than partnership – structure. The new firm is a trading name of LawVest Ltd, whose shareholders include DLA Piper and AdvisorPlus, a provider of outsourced HR, employment and health and safety advice. LawVest’s chief executive, Karl Chapman (pictured), said: ‘We have many advantages law firms don’t have; we started with a blank piece of paper, we spent time talking to businesses about what they want, and then we designed an operating and customer service model that delivers it – top lawyers, legal assistants and customer support people, combined with end-to-end technology and low overheads. ‘Some law firms have already said to us that it won’t work because it’s impossible to deliver comprehensive fixed pricing. Our response is simple: maybe you can’t deliver fixed pricing, but we can.’ Riverview Law says it can offer businesses with up to 1,000 employees annual contracts for all their day-to-day legal support from £200 a month. The level of funding from DLA Piper has not been disclosed, but the deal raises the possibility of the established firm competing for business with its new partner. DLA Piper co-chief executive Sir Nigel Knowles is the non-executive chairman of LawVest.
Let’s hear it for modular construction. This method of building first became popular after the Second World War and is now being heralded as a possible solution to the current housing crisis. With improvements in build quality and a growing reputation as a cost (energy and financial) and time-efficient way of volume building, modular has gained support from the great and the good, including the likes of the NHS, The Berkeley Group, Laing O’Rourke, Fluor and Bouygues UK (to name but a few). It is recommended in the Farmer Review on the construction industry, and the UK’s largest modular construction contract so far has recently been awarded to provide temporary accommodation at Hinkley Point for the 5,600-strong workforce. Other announcements in the trade press suggest that modular is also becoming popular outside the residential sector.There is a “but”, of course. Most of the components of modular buildings are manufactured and stored off site. Unless a developer or contractor has an in‑house construction facility for manufacture and storage of the constituent parts, there are a number of potential issues which are similar to those affecting routine purchases of off‑site goods and materials.What can be done if the parts and materials are manufactured and stored elsewhere, possibly even in a foreign country?One of the main risks, (apart from matters of quality control, which should be dealt with carefully in the supply contract) is that of the insolvency of the contractor/supplier. The point at which legal ownership of the off‑site goods, modular buildings and materials has passed to the purchaser becomes a crucial question. The general rule is that unless otherwise stated in the contract, title passes from the contractor/supplier to the purchaser/employer at the time of delivery, whether or not the materials have been paid for. It is not unusual, however, to see construction contracts providing for ownership to pass on payment. If such arrangements have been made, the purchaser/employer is at risk financially and it is wise to verify that these arrangements are back to back throughout the supply chain to make sure that supply contracts lower down do not contain inconsistent retention of title clauses.So what other practical measures should a prudent purchaser/employer consider to protect its investment, particularly where there is a danger that modular parts or materials paid for upfront could be included in the insolvent supplier’s assets, liquidated and shared between all its unsecured creditors?What can be done if the parts and materials are manufactured and stored elsewhere, possibly even in a foreign country?At the beginning of a project, the purchaser/employer will usually have carried out due diligence regarding the contractor’s financial status. It is also worth checking that the contractor has done likewise with its own subcontractors/suppliers. The purchaser/employer may additionally negotiate a parent company guarantee (if appropriate) or a bond (which would ordinarily reduce in value as deliveries are made) in the amount of the value of the modular building or off‑site materials. Further, there must be adequate insurance until the buildings and materials are delivered to site, when they should then be covered by the usual all-risks insurance.There must be adequate insurance until the buildings and materials are delivered to site, when they should then be covered by the usual all-risks insuranceAnother step could be for the purchaser/employer to state in the contract that a supplier/contractor will not be entitled to payment until (as a condition precedent) it provides sufficient evidence that it has ownership of the off‑site items and it is entitled to pass that ownership on to the employer. One method of achieving this is by use of a vesting certificate. A vesting certificate can be used for the supplier/contractor to confirm in writing that property has passed to it and that the items in question are properly stored, identified and marked as intended for the relevant project.Even if the above suggestions are put into place, there is no absolute guarantee of protection in a supplier/contractor insolvency situation, or that this would not cause serious difficulties if the supplier is a major one in the context of the project. However, short of sending round the boys with the large dogs to reclaim outstanding items, the above proposals may be some of the best precautions to take.The most important thing to note if there is any kind of contractor/supplier insolvency risk, is that forewarned is forearmed. Out of sight, out of mind? Not likely.Stephanie Canham is head of construction at law firm Trowers & Hamlins