If Obama Were a CEO in the Private Sector, He’d be Prosecuted for Fraud

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Photo Credit: National Review ‘If you like your health-care plan, you will be able to keep your health-care plan. Period.” How serious was this lie, repeated by Barack Obama with such beguiling regularity? Well, how would the Justice Department be dealing with it if it had been uttered by, say, the president of an insurance company rather than the president of the United States?

Fraud is a serious federal felony, usually punishable by up to 20 years’ imprisonment — with every repetition of a fraudulent communication chargeable as a separate crime. In computing sentences, federal sentencing guidelines factor in such considerations as the dollar value of the fraud, the number of victims, and the degree to which the offender’s treachery breaches any special fiduciary duties he owes. Cases of multi-million-dollar corporate frauds — to say nothing of multi-billion-dollar, Bernie Madoff–level scams that nevertheless pale beside Obamacare’s dimensions — often result in terms amounting to decades in the slammer.

Justice Department guidelines, set forth in the U.S. Attorneys Manual, recommend prosecution for fraud in situations involving “any scheme which in its nature is directed to defrauding a class of persons, or the general public, with a substantial pattern of conduct.” So, for example, if a schemer were intentionally to deceive all Americans, or a class of Americans (e.g., people who had health insurance purchased on the individual market), by repeating numerous times — over the airwaves, in mailings, and in electronic announcements — an assertion the schemer knew to be false and misleading, that would constitute an actionable fraud — particularly if the statements induced the victims to take action to their detriment, or lulled the victims into a false sense of security.

For a fraud prosecution to be valid, the fraudulent scheme need not have been successful. Nor is there any requirement that the schemer enrich himself personally. The prosecution must simply prove that some harm to the victim was contemplated by the schemer. If the victim actually was harmed, that is usually the best evidence that harm was what the schemer intended.

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Steyn: The Drift toward Despotism

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Photo Credit: National Review At a time when over 4 million people have had their health insurance canceled, it’s good to know that some Americans can still access prompt medical treatment, even if they don’t want it. David Eckert was pulled over by police in Deming, N.M., for failing to come to a complete halt at a stop sign in the Walmart parking lot. He was asked to step out of the vehicle, and waited on the sidewalk. Officers decided that they didn’t like the tight clench of his buttocks, a subject on which New Mexico’s constabulary is apparently expert, and determined that it was because he had illegal drugs secreted therein. So they arrested him, and took him to Gila Regional Medical Center in neighboring Hidalgo County, where Mr. Eckert was forced to undergo two abdominal X-rays, two rectal probes, three enemas, and defecate thrice in front of medical staff and representatives of two law-enforcement agencies, before being sedated and subjected to a colonoscopy — all procedures performed against his will and without a valid warrant.

Alas, Mr. Eckert’s body proved to be a drug-free zone, and so, after twelve hours of detention, he was released. If you’re wondering where his lawyer was during all this, no attorney was present, as police had not charged Mr. Eckert with anything, so they’re apparently free to frolic and gambol up his rectum to their hearts’ content. Deming police chief Brandon Gigante says his officers did everything “by the book.” That’s the problem, in New Mexico and beyond: “the book.”

Getting into the spirit of things, Gila Regional Medical Center subsequently sent Mr. Eckert a bill for $6,000. It appears he had one of what the president calls those “bad apple” plans that doesn’t cover anal rape. Doubtless, under the new regime, Obamacare navigators will be happy to take a trip up your northwest passage free of charge. That’s what it is, by the way: anal rape. The euphemisms with which the state dignifies the process — “cavity search” — are distinctions that exist only in the mind of the perpetrator, not the fellow on the receiving end. Fleet Street’s Daily Mail reports that this is at least the second anal fishing expedition mounted by local authorities. Timothy Young underwent a similar experience after being fingered by the same police dog, Leo, who may not be very good at sniffing drugs but certainly has an eye for a pert bottom. At the time of Mr. Young’s arrest, Leo’s police license had reportedly expired a year-and-a-half earlier, but why get hung up on technicalities?

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Jim DeMint: The Conservative Alternative to Obamacare (+video)

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Photo Credit: YouTube We’ve been very critical of Obamacare because it’s hurting Americans. But that has caused some to ask, “What’s your alternative?”

The truth is, we’ve always had alternatives, but our critics weren’t ready to listen. Now, the disastrous rollout of Obamacare has a lot of people asking for alternatives to government-run health care. And conservatives are ready.

With each passing day, it becomes clearer that Obamacare will not reduce premiums for average American families, bring down health care spending, or truly improve health care in this country. Instead, people are receiving notices from their insurance companies that their policies are being canceled or their premiums are skyrocketing.

At The Heritage Foundation, we are envisioning a health care system where you and your family come first.

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Last of WWII’s Doolittle Raiders Keep Promise to Their Commander, Make Final Toast

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Known as the Doolittle Raiders, the 80 men who risked their lives on a World War II bombing mission on Japan after the attack on Pearl Harbor were toasted one last time by their surviving comrades and honored with a Veterans Day weekend of fanfare shared by thousands.

Three of the four surviving Raiders attended the toast Saturday at the National Museum of the U.S. Air Force. Their late commander, Lt. Gen. James “Jimmy” Doolittle, started the tradition but they decided this autumn’s ceremony would be their last.

“May they rest in peace,” Lt. Col. Richard Cole, 98, said before he and fellow Raiders — Lt. Col. Edward Saylor, 93, and Staff Sgt. David Thatcher, 92 — sipped cognac from specially engraved silver goblets. The 1896 cognac was saved for the occasion after being passed down from Doolittle.

Hundreds invited to the ceremony, including family members of deceased Raiders, watched as the three each called out “here” as a historian read the names of all 80 of the original airmen.

The fourth surviving Raider, Lt. Col. Robert Hite, 93, couldn’t travel to Ohio because of health problems. But son Wallace Hite said his father, wearing a Raiders blazer and other traditional garb for their reunions, made his own salute to the fallen with a silver goblet of wine at home in Nashville, Tenn., earlier in the week.

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Thousands Feared Dead in Philippines Typhoon

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Authorities expect a “very high number of fatalities” after one of the strongest typhoons on record devastated the central Philippines, cutting communications and severely damaging an airport in one of the hardest-hit regions.

A senior regional police official and a city administrator in the typhoon-ravaged city of Tacloban in the central Philippines said early Sunday that the death toll there could reach 10,000 people, according to the Associated Press.

Regional police chief Elmer Soria said he was briefed by Leyte provincial Gov. Dominic Petilla on Saturday and told there were about 10,000 deaths on the island, mostly by drowning and from collapsed buildings.

Tacloban city administrator Tecson Lim said that the death toll in the city alone “could go up to 10,000.”

On Samar Island, which is facing Tacloban, Leo Dacaynos of the provincial disaster office said Sunday that 300 people were confirmed dead in Basey town and another 2,000 are missing.

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Veteran Affairs Sued for Harassing Christian Chaplains

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Photo Credit: WND Two military chaplains are suing Eric Shinseki, secretary of the U.S. Department of Veteran Affairs, or VA, for allegedly being harassed and drummed out of a training and placement program because of their Christian faith.

Chaplains Major Steven Firtko, U.S. Army (Retired) and Lieutenant Commander Dan Klender, U.S. Navy, claim they were mocked, scolded and threatened for their faith while enrolled in the San Diego VA-DOD Clinical Pastoral Education Center program, which trains and distributes chaplains to military and VA medical centers in the San Diego area.

According to their lawsuit, Firtko and Klender allege the Center’s supervisor, Ms. Nancy Dietsch, a VA employee, derided them in classrooms and even had one of them dismissed for failing to renounce his Christian beliefs.

For example, on Sept. 24, 2012, the lawsuit claims, during a classroom discussion, Dietsch asked Firtko what he “believed faith was.”

Firtko responded by quoting Hebrews 11:1 – “Faith is the substance of things hoped for, the evidence of things not seen.”

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Box Office Star Reveals He’s a Conservative (+video)

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Photo Credit: Dan Steinberg/Invision/APAsk actor Vince Vaughn about his political views and he’ll proudly tell you he’s conservative – and he doesn’t really care what Hollywood thinks.

In a telephone interview with Adam Carolla, Hollywood A-lister Vince Vaughn made a strong declaration about his conservative principles. When Carolla asked him very directly, “Do you count yourself a conservative?” Vaughn did not hesitate or stammer, he merely replied, “I do, yeah…I mean I’m very supportive of Ron Paul, but I’ve always been more conservative than not.”

During the three minute interview Carolla tried to see if Vaughn’s conservatism was a product of a conservative upbringing. Vaughn talked about growing up in Chicago, with a father who came from a working class family that leaned more democratic.

However, the actor also stated, “As a guy that worked very hard, and sort of put himself through school and stuff, he was more conservative, for sure.”

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Obamacare Is Running Out of Bullets

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Photo Credit: Andrew Harrer/BloombergBy Megan McArdle.

There are two key signs that the administration of President Barack Obama is having trouble coping with the events of the last month.

The first is what it hasn’t done: attacked insurance companies. For the past four years, insurers have been a punching bag of the administration and the Democratic Party. Whenever insurers did something the administration didn’t like as a result of the new health-care law, Democrats punched back, hard, with complaints about greedy insurers who were blaming the White House for their own failures.

Not this time. Left-leaning columnists and policy wonks have been suggesting that the cancellation letters were part of an insurance company scam to enroll their customers in expensive policies, but the administration itself has been remarkably oblique. It needs the insurers, especially with the exchanges in so much trouble. Their cooperation is essential to avoiding another round of nasty premium shocks next year.

It reminds me of a late-Soviet joke: A man stands in line all day for bread, only to have the baker come out and say there is none. He loses it, and begins ranting about the government. Eventually, a man in a trench coat puts a hand on his shoulder.

“Be careful, comrade. You know, in the old days, it would have been …” and he mimes a gun pointed at the head.

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Beyond HealthCare.gov, Obamacare’s other challenges

By Jon Kingsdale.

Jon Kingsdale, who oversaw the Massachusetts health insurance exchange from 2006 to 2010, is a managing director of the Wakely Consulting Group. Wakely has provided actuarial and other technical assistance for the Obama administration’s Affordable Care Act.

“The Affordable Care Act is not just a Web site. It’s much more,” President Obama said last month. This focus beyond short-term technical problems is meant to bolster the faith of those, like me, who support the Affordable Care Act. However, it will succeed only if the administration does much more than fix the Web site.

As HealthCare.gov — the main door to insurance shopping for 13 million of the 17 million uninsured who are eligible for subsidies — gets patched up in the coming weeks, the government must also prepare the world’s largest insurance store to meet two equally daunting challenges.

The first is to get enrollment, billing and premium collections working smoothly. In 2006, when we launched the Massachusetts Health Connector, which became the prototype for insurance exchanges under the ACA, my team encountered start-up problems. Tracking billing and collections was a much bigger challenge than getting our Web site to work.

Here’s why: Enrollees are not covered until their first month’s premium is received. In the individual insurance market, premium billing and collection is difficult to track. Folks frequently pay late or in weekly installments, or send too little or even too much. And when they stop paying, they often do not notify the insurer; the company must determine whether it is an intentional termination, an oversight, or a lost or late payment. Unlike most of today’s 15 million direct enrollees, who pay premiums on their own, an estimated 27 percent of those who will be eligible for tax credits under the ACA do not have checking accounts. So they must use cash, money orders or prepaid debit cards to pay their share of monthly premiums.

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Rush Limbaugh: The Regime’s Shocking Iran Deal (+video)

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Photo Credit: YouTube RUSH: I’ll tell you, the news out of Geneva regarding the United States, Israel, and Iran… Folks, I don’t know how else to categorize this or explain it to you. This man, Barack Obama, is fundamentally transforming this nation in ways that are gonna be next to impossible to reverse in many ways, the longer he goes. Do you realize that the regime has been secretly working behind the scenes to lift the sanctions on Iran? Iran is going to have the sanctions lifted without making any concessions in their nuclear program. They’re not gonna have to tear down any centrifuges. They’re not gonna have to dismantle anything. We’re just gonna take the sanctions away.

Benjamin Netanyahu, the prime minister of Israel, has said, “This is disastrous. This is worse than a bad deal.” And he told Lurch — and, by the way, some have asked, I need to dispel something quick. You know Liberty? The talking horse in Rush Revere and the Brave Pilgrims was not modeled after John Kerry. I can’t tell you how many people have asked, “We’ve seen Liberty on the cover of your book. Were you thinking of John Kerry?” No, no. We wouldn’t do that to Liberty. Our horse doesn’t purposely look like John Kerry, and I don’t think it does. (interruption) What do you mean, Sarah Jessica Parker? That’s the first I’ve heard of that.

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Tom Cruise: My Work as an Actor is as Hard as Fighting in Afghanistan

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Photo Credit: GettyTom Cruise not only thinks he trains harder than Olympic athletes, he believes his job as a professional actor is as grueling as fighting the war in Afghanistan — this according to legal docs obtained by TMZ.

As we reported, Cruise recently sat for a deposition in his $50 million libel suit against a magazine publisher that claimed he abandoned daughter Suri — and his quotes are GOLD.

First, the Middle East — Tom says his location shoots are just like serving a tour in Afghanistan, “That’s what it feels like. And certainly on this last movie, it was brutal. It was brutal.”

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