Archive for August 3rd, 2009

August 3, 2009: 5:44 pm: CraigLegal, Politics

Bribery.  This is a form of corruption that affects the world of business and the world of politics.  The definition of bribery is any form of payment that is accepted or offered that is deemed improper.  When conducting business with foreign countries and companies, the defense of accepting or offering such payments has been that cultural differences account for misunderstanding, that customs in other cultures vary from the culture of the United States and what may be seen as a simple gift in another country is seen as a criminal act of bribery in the United States.

The Foreign Corrupt Practices Act outlines the specifications regarding what constitutes a bribe, and the definitions are very clear.  These laws apply domestically to any entity or individual who conducts business with governments and/or corporations abroad.  A domestic concern refers to all nationals, residents and citizens of the United States.  It also refers to any partnership, association, un-incorporated organization, or sole proprietor of a business that is located within the United States or those that are involved with American businesses.

This also applies to territories and commonwealths of the U.S.  All of those divisions mentioned above are held liable and accountable for their actions, which involve not only physical actions, but those conducted through the U.S. Mails services, the phone, and the correspondence by use of any technological means, such as faxes and emails.  The laws and regulations apply to those actions that are taken outside of the United States, when such actions are involving U.S. companies or members of the U.S. government.  These laws and regulations are meant to protect the integrity of the United States, through the ensuring of ethical business transactions and political actions.  These are intended not only for moral reasons, but for economic reasons as well, for when a business or a country gains the reputation of conducting corrupt transactions, other companies and countries take their business elsewhere, leaving the accused in danger of economic ruin.

: 4:56 pm: CraigLegal, Politics, Safety, Society

One of the programs of the United States government, created to track down terrorists and those fund them, can frighten customers unnecessarily.  The critics of the suspicious activity report claim that those who are conducting legitimate transactions are being victimized by the financial institutions.  They claim that the paperwork created by the filing of the reports is useless and is burdensome to those who are employed by such institutions.  A burden with the financial cost of billions of dollars and creates work that they deem time consuming and not necessary.  The reality is that the system and the procedures that are required, are ways in which the funding of terrorists and the crime of laundering money are detected.  Another aspect that has people frightened is that is against the law for those filing the reports to inform those about which the report is being filed against.

Reports are generated when activities take place that are considered to be not of ordinary circumstances.  If they are transactions that the customer is not usually known to make, the personnel is required to file a report.  This can be related to being pulled over due to a traffic violation.  A law enforcement officer may see a driver weaving and having difficulty controlling their vehicle.  The may pull the driver over under the suspicion that the driver is impaired, when in fact perhaps the steering or the transmission of the care has gone out.  When the facts are uncovered the truth is revealed.  The Suspicious Activity Report is extremely regulated.  If no crime is being committed, evidence will be gathered that supports that innocence.  People who are truly doing nothing wrong, need not be nervous or afraid.  These reports have resulted in the interruption of funding for those who were intending not only crimes that break the laws of the nation, but crimes against humanity without regards to moral or ethical action.

: 3:03 pm: CraigLegal, Politics, Safety, Society

During the years following the September 11th terrorist attack on the United States, governments around the world are creating the means and the organizations which create difficulties to those involved in the financing of terrorist activities.  One of the elements used in the fight against money laundering and other forms of financial corruption is the Suspicious Activity Report.  This has become one of the most important and one of the most valuable tools, as the reports will allow the proper law enforcement agencies access to the information that will serve to further their investigations.

Throughout the world, criminals have been laundering money, for decades, as a way to conceal their criminal activities.  Such activities include the trafficking of drugs, financial fraud such as tax evasion and scams, and even the funding of terrorist cells.  To not address the activity of money laundering, is to allow the criminals free reign to keep on conducting their business, giving power to the drug dealers, the arms dealers and the terrorists which threaten the lives of innocent citizens on a daily basis.  Not stopped, their criminal gains will look legitimate through the process of laundering the funds.

Suspicious Activity Reports should be filed when a company or an individual suspects that the funds being deposited, or when certain transactions are suspected to revolve around such illegal and criminal activity.  Aspects to look out for are really common sense situations.  If money deposited smells like chemicals or has a strange odor or if a young kid walks into a bank with a bag full of money, attempting to deposit it and set up a wire transfer.

If one notices that a customer is sending and receiving transfers of large sums of money to and from various individuals.  Certain amounts of cash transactions require employees to fill out Currency Transaction Reports, and it goes without saying, that should a customer attempt to bribe an employee to not fill out the report, that would warrant the filing of an SAR.  Human behavior plays a large role, and noticing signs of fraudulent activities can save the institution from loss of integrity and possible criminal connections to those committing the crimes.

: 12:32 pm: CraigArts & Culture, Travel

The city of Johannesburg is home to the Heritage Site, Cradle of Humankind.  The cultural and social history of the region and the country is evident in the vast array of museums in the city.  Many travelers interested in world history visit the city every day, visiting the museums and staying in one of the many luxury hotels.  Johannesburg just about an hour drive from the famous caves at Sterkfontein.  This has been one of the most productive archaeological sites in the world.  The caves are one aspect of the Cradle of Humankind.  Two famous findings in the caves have been the complete skull of the extinct species, Australopithecus, and the close to complete skeleton of an ‘ape-man’, believed to be more than four million years old.  The study of fossil hominids reveals the stages of evolution, of the world, and more specifically, of the species of homo sapiens.  They show us where we came from.

In 1936, the first fossils were found in the Sterkfontein caves.  Australopithecus africanus is a species of hominids that are very closely related to human beings and existed as recently as two to three million years ago.  The title of the heritage site, Cradle of Humankind, is in response to the the adult fossils of the ape-men that were found, and due to the fact that these fossils are bringing information to scientists and primatologists that reveal the beginnings of the human race.   The site is an archaeological dig, however over the years has become home to many conference facilities, restaurants and hotel accommodations.  Those visiting will be able to access the caves, and take walks along the boardwalk that winds through the site and to witness first hand the location of the fossils that are now acclaimed world wide.  There are also tours and discussions on other subjects of natural science, such as the formations and the geological history of the caves as well as the early forms of life of other species of mammals and species of the botanical world.  This is an interesting and emotional journey into the journey that has brought the human species to where we are today.

: 12:18 pm: CraigTravel

The history of South Africa is steeped in struggle and in strength.  For years the country was wracked with political and racial wars.  Thus when one visits this country, there are many opportunities to expand one’s knowledge and understanding of just how far this country and her people have come.  Walking out of their Johannesburg boutique hotels entry way, the museums that await tourists and visitors offer everything from the history of the diamond and gold mining industries, to the history of South African Aviation.  There are many locations that are more focused on events and experiences of individuals, such as the Museum of Apartheid, and the Madiba Freedom Museum.  This is Johannesburg’s museum that commemorates and honors the work of legendary freedom fighter, Nelson Mandela.

Madiba, was Mandela’s nickname given to him by family and friends.  This is a man that is respected and loved not only in his homeland, but worldwide.  His efforts have created a better world for all those living currently.  When questioned Mandela has stated that he did not want to be memorialized by the museum, but he would rather it serve as an educational and inspirational spring board for the development and the uplifting of struggling communities and people throughout the globe.

Throughout Mandela’s presidency he was inundated with gifts from those wishing to express their gratitude for his dedication, and their love for him.  The Madiba Museum houses these gifts and the variety of items is astonishing.  Everything from a basket of dates from an Arabian sheik, to a rug that was given to him by a Kurdish organization for liberation.  There are paintings sent to him from international artists as well as signed editions of books from international writers.  There are jerseys from football teams from almost every country in the world.  The museum contains a sombrero from Mexico as well as dolls and figurines from various countries.  This is just a few of the items one will find when visiting the museum, and stand as a testament to the global effect this incredible man had on people from all nations.

: 11:54 am: CraigArts & Culture, Travel

The Ndebele women of South Africa express themselves through their artwork.  Beads are used in the culture to decorate clothing, and sometimes is even the clothing itself.  Both men and women wear the beaded clothing although in recent times, these pieces are only worn during times of festivals or ceremonies.  Each artist has her own personal style, which often reflects their personal lives, their families, the changes in the world surrounding them.  Each has her own sense of creativity and design.  Women and girls wear aprons constructed out of the beads, varying depending on the age or the marital status of each individual.  During the wedding ceremony the apron is made from goatskin, and is called an isiphephetu.  This is a plain apron during the wedding, and throughout her married life the woman herself adds the bead-work which reflects the various changes that occur throughout her life time.  This apron is worn for the rest of her life, for special and significant occasions.

Traditional Ndebele works from the early 1900′s are different from the works of today.  The past work consisted of mainly white beads, with accents of orange and green.  When one compares the work throughout the years, one becomes aware the white backgrounds become smaller and smaller, and the field becomes more colorful.  This could have a connection with the growing use of color in the mural paintings on the houses, the businesses and the boutique hotels.  South Africa is a colorful country, and the changing artwork reflects that as more commercial paints become available to the artists.  However noticeable this shift in color is to the eye, not much research has been conducted as to the exact cause for the transition.  It could just have to do with the way style and fashion changes over time, in all regions and cities of the world.  The artwork has been one of the aspects which allow the Ndebele to maintain a group awareness and consciousness.  Their cultural identity has been threatened throughout history due to the relocation of the tribes due to war and turbulence.  Their art allowed them to hold on to their identity, regardless of where they were.