Tag Archive: authority

Lifevantage Terminates and Sues Major Distributor

Introduction

Jason Domingo

Jason Domingo

Lifevantage (LV) announced that, at the unanimous recommendation of its Board of Directors, it has terminated for cause its relationship with Jason Domingo and Ovation Marketing Group, Inc., one of the Company’s lead distributors. The Company also announced that it has filed suit against Mr. Domingo and Ovation in Federal Court in the State of Utah for breach of contract and misappropriation of trade secrets.  See typical market report.

The detail (see link below) shows that LV made $10.9m in 2010 and $208m in 2013 – this is despite the investigative activity into Protandim, LV’s main product, by LazyManAndMoney and others…!  Distributors were paid $91m from which $2.6m went to Domingo.  They say he was the lead distributor.

The Detail in the Lifevantage Case

The case details are on PACER – summarised here:

Case details:

2:13-cv-01037-DB Lifevantage v. Domingo et al

Dee Benson, presiding

Date filed: 11/19/2013

Date of last filing: 11/19/2013

Assigned to: Judge Dee Benson

Demand: $775,000

Cause: 28:1332 Diversity-Breach of Contract

Court Filings of Lifevantage v Jason Domingo

You can view the court documents (19 pages) on the attached file:

Lifevantage v. Domingo et al

 

Jason Domingo,President, Ovation Marketing Group, Inc.

Domingo has been in business for many years.  This letter of his to the FTC is dated May 28, 2006 and he states he’s been in network marketing for 14 years, meaning he started back in 1992.  Chillingly, he quotes a Dr Charles King that by 2016 one in two Americans will be involved in network marketing.  Thankfully, we don’t appear to be treading that path.

The Court Case

The letter of his makes good reading, especially with regard to the free market and in comparison to the Lifevantage court case….  In this, they claim he:

  • Has been laying the groundwork for setting up a competitive business
  • Disparaged the company
  • Is setting up a competitive business
  • Used his disposal of 90% of his stock as proof of these claims
  • Sent  an email to Randy Haag disparaging the company where he said “there is no statement too strong that speaks to the malfeasance of this management team.  Greed and ego has gripped my (sic) beautiful company by the throat.” – Stirring stuff indeed!
  • If Domingo had worked properly, they’d have paid out tens of millions more to distributors.

In total there are three main actions, divided into a myriad of clauses.

  • They want a 12 man jury public trial.
  • They want all costs.
  • They want $775,000

Malfeasance

Domingo used the word malfeasance to describe the LV management team.  I had to double-check the meaning.  It means:

The commission of an act that is unequivocally illegal or completely wrongful.

In detail, it means:

Intentionally doing something either legally or morally wrong which one had no right to do. It always involves dishonesty, illegality, or knowingly exceeding authority for improper reasons. Malfeasance is distinguished from “misfeasance,” which is committing a wrong or error by mistake, negligence or inadvertence, but not by intentional wrongdoing. Example: a city manager putting his indigent cousin on the city payroll at a wage the manager knows is above that allowed and/or letting him file false time cards is malfeasance; putting his able cousin on the payroll which, unknown to him, is a violation of an anti-nepotism statute is misfeasance. This distinction can apply to corporate officers, public officials, trustees, and others cloaked with responsibility.

Well. Most of what I have seen about LV fits into that. It’ll be interesting to see how this case pans out. I suspect it’ll not come to court.

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Assange Given Ecuadorian Asylum

Assange Given Ecuadorian Asylum – but what next?

Ecuador Assange Statement

Ecuador Assange Statement

This is the full text released by Ecuador for their reasons for Assange’s successful application.  See original text at the end.

But What is to Happen Now?

For now, Assange will have to stay in the Embassy.  Ecuador has asked for assurances about his safe passage, but as it stands, Hague and Cameron look the foolish chumps for what they are and won’t back down.

My guesses, are:

  1. That Assange will have a “mysterious” accident or similar and the nasty people in the world will breathe a sigh of relief – the embassy is no doubt bugged and all communications in and out religiously monitored.  His undetected escape looks unlikely.   Food, drink or water could be tampered with; holes could be drilled, hypodermics, germs or gas through the walls – who knows?   Like a Sherlock Holmes/locked room mystery,  try the poisoned ice dart through the keyhole?   See http://wramsite.com/forum/topics/breitbart-murder-by-heart-attack-the-cost-of-exposing-our-corrupt  and http://youtu.be/tzIw44w00ow CIA Whistleblower talks about Heart Attack gun
  2. Assange will have to wait for a change in UK government.  Even so,
    • should he get a plane to Ecuador it can be shot down (remember the start of the Rwandan genocide?).
    • Should he get a boat, it can “disappear” in a storm…
    • Should he arrive safely he can be either murdered in secret or by a public presidential decree – remember Trotsky in Mexico, Allende in Chile, Che Guevara in Bolivia, Bin Laden in Pakistan, Rudolf Diesel on the English Channel?
  3. At  low level of current probability, those in charge of the USA and UK must fundamentally change their attitude towards freedom of information and accountability in public office.
    • The emails etc. which are at the real centre of Assange’s troubles show elected and non-elected officials behaving with scant regard to either their own laws, international laws or natural law.
    • It is for them to recognise this which will allow Assange back into normal society and thus face the law courts in Sweden.
    • As I said, a very, very low probability in the current climate since those in power, those in the emails, those on the tapes, those on the videos (like the machine gunning of innocent civilians), all of those need to recognise their culpability at worse, or at least that they’ve been shown to have acted like idiots and now have egg on their face.

Reminder:  The Initial Swedish Set-up

Forgetting the secret US indictment from over a year ago revealed in the Stratfor secrecy emails,  Sweden issued an arrest warrant, then dropped it, then “sort-of” reopened the investigation before barring Assange from Sweden?  I know.  You work it out.  It’s all detailed succinctly in this Telegraph page from June 2012.

Bizarrely though, this Foxnews rant/explanation from Glenn Beck (both not noted for their liberal stance…!) is even better at describing the events for which Assange was arrest warranted with in Sweden.  Pay close attention and you’ll see how what we are now being fed by Hague and the Obama administration is seriously at odds with this very precise investigation and summary made soon after the events in question…  http://youtu.be/npBvNJl6X9w

Ecuador’s Key Points

An English translation of the eleven key points, derived from The Dissenter, is here:

  1. Julian Assange is an award-winning communications professional internationally for his struggle for freedom of expression, press freedom and human rights in general;
  2. That Mr. Assange shared with the global audience was privileged documentary information generated by various sources, and affected employees, countries and organizations;
  3. That there is strong evidence of retaliation by the country or countries that produced the information disclosed by Mr. Assange, retaliation that may endanger their safety, integrity, and even his life;
  4. That, despite diplomatic efforts by Ecuador, countries which have required adequate safeguards to protect the safety and life of Mr. Assange, have refused to facilitate them;
  5. That is certain Ecuadorian authorities that it is possible the extradition of Mr. Assange to a third country outside the European Union without proper guarantees for their safety and personal integrity;
  6. That legal evidence clearly shows that, given an extradition to the United States of America, Mr. Assange would not have a fair trial, could be tried by special courts or military, and it is unlikely that is applied to cruel and degrading , and was sentenced to life imprisonment or capital punishment, which would not respect their human rights;
  7. That while Mr. Assange must answer for the investigation in Sweden, Ecuador is aware that the Swedish prosecutor has had a contradictory attitude that prevented Mr. Assange the full exercise of the legitimate right of defence;
  8. Ecuador is convinced that they have undermined the procedural rights of Mr. Assange during the investigation;
  9. Ecuador has found that Mr. Assange is without protection and assistance to be received from the State which is a citizen;
  10. That, following several public statements and diplomatic communications by officials from Britain, Sweden and USA, it is inferred that these governments would not respect the conventions and treaties, and give priority to domestic law school hierarchy, in violation of rules express universal application and,
  11. That, if Mr. Assange is reduced to custody in Sweden (as is customary in this country), would start a chain of events that would prevent the further protective measures taken to avoid possible extradition to a third country.

What’s clear is that Ecuador is actually in a win-win situation here.

  • LONDON, ENGLAND - JUNE 22:  A protester wearin...

    LONDON, ENGLAND – JUNE 22: outside the Ecuadorian embassy.(Image credit: Getty Images via @daylife)

    They recognised the sabre rattling of William Hague and David Cameron for what it is – that the UK cannot pick and choose which international treaties to abide by without acquiring the severest opprobrium of its own people and parliament.

    •  Of course, there’s the “sticks and stones” argument which the government may ignore by barging in, armed to the teeth, anyway, but also the long-lasting risks to the whole British diplomatic force who will be placed in the severest of danger.  This latter they cannot ignore.
    • The memory of the US embassy in Iran lies still, as does the death of WPC Yvonne Fletcher outside the Libyan embassy.
    • How can the UK pontificate on others when behaving worse than a bull in a china shop?
  • Ecuador has its own internal problems and this crisis will strengthen the hand of its President Correa, but also its standing in the eyes of all the little countries of the world, especially those in South America, historically in the thrall of US might.
  • They point out that Assange is only wanted for questioning in Sweden and that Sweden has refused to question Assange on Ecuadorian “land”, the embassy.
  • They point out the red herring issue of Sweden in its entirety, in that several public and private threats have been made or allured to against Assange by the governments of Sweden, USA, UK and that his own country hasn’t offered any protection (of course, we all know that the Aussie government is following the UK & USA like sheep).
  • So Assange is in dire and immediate threat of kidnap, torture, summary trial by a military court, execution or imprisonment in inhumane conditions.  We all know the USA is guilty of this having been caught red handed several times as has the UK in its collusion.
  • So the UK & USA are not havens of justice, guardians of the rights of Man, protectors from dictatorships nor international peacemakers.
    • Their actions from Vietnam through to Chile, from Egypt through to Bahrain, from corrupt banking to multinational deforestation programs, from Stratfor and the secret surveillance society to drone bombings of civilians shows them to be pariah states on the same footing as Zimbabwe or North Korea, say.
    • Ecuador has rightly recognised all of this, and more.

As part of their statement, they stood on the following points  (derived from Google translate!):

a) The asylum, in all its forms, is a fundamental human right which creates obligations erga omnes, that is, “for all” states.

b) The diplomatic asylum, shelter (or territorial asylum), and the right not to be extradited, expelled, delivered or transferred, human rights are comparable, since they are based on the same principles of human protection: no return and no discrimination without any adverse distinction based on race, colour, sex, language, religion or belief, political or other opinion, national or social origin, property, birth or other status, or any other similar criteria.

c) All these forms of protection are governed by the principles pro person (i.e., more favourable to the individual), equality, universality, indivisibility, interrelatedness and interdependence.

d) The protection occurs when the state of asylum, refugee or required, or the protecting power, consider the risk or the fear that the protected person may be a victim of political persecution or political offences against him.

e) The State granting asylum seekers qualify causes, and in case of extradition, assess evidence.

f) No matter which of its forms or forms are present, the seeker is always the same cause and the same legal order, ie, political persecution, which causes it lawful, and safeguard the life, personal safety and freedom of protected person, which is the lawful purpose.

g) The right to asylum is a fundamental human right, therefore, belongs to jus cogens, ie the system of mandatory rules of law recognized by the international community as a whole, do not support a contrary agreement, being null treaties and provisions of international law they oppose.

h) In cases not covered by the law in force, the human person remains under the protection of the principles of humanity and the dictates of public conscience, or are under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience.

i) Lack of international agreement or domestic legislation of States can not legitimately claim to limit, impair or deny the right to asylum.

j) The rules and principles governing the rights to asylum, extradition no, no delivery, no expulsion and transfer are not converging, as far as is necessary to improve the protection and provide it with maximum efficiency. In this sense they are complementary international law of human rights, the right to asylum and refugee law, and humanitarian law.

k) The rights of protection of the human person are based on ethical principles and values universally accepted and therefore have a humanistic, social, solidarity, welfare, peaceful and humanitarian.

l) All States have the duty to promote the progressive development of international law of human rights through effective national and international action.

  • Here they kick down the quasi-judicious use by the UK of the 1987 Act regarding Embassies and the like in the UK.
  • They state the various rights of Man as defined in the United Nations and elsewhere (in case the UK has forgotten them!!!)
  • They point out the various ethical issues.

Ecuador has produced a clear and unambiguous statement, totally unlike the shadowy cloak and daggers stuff from Sweden, the United Kingdom and the United States of America.

United pops up a lot in the state’s names.  They’re united, but only united in shame and devilishness corruption.  This is the reason for their stance – it’s nothing to do with national security and everything to do with covering their own backs.

The truth is really out now.  Notably, bonkers Boris has been quiet on the issue so far – he never thought much of Cameron and I guess it’s even less now!

 


Ecuador Statement

Declaración del Gobierno de la República del Ecuador sobre la solicitud de asilo de Julian Assange

Read the rest of this entry >>

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Google Tsunami Alert

Japanese Earthquake and Tsunami

Google Tsunami Alert

Google Tsunami Alert

Following this morning’s (using GMT) earthquake just off Japan (now set at 8.8 on the Richter Scale, but it keeps rising as more information is analysed), I noticed that the Google search page has a Tsunami warning for all to see.

I thought I’d capture it for posterity.

Enormity

This truly is an enormous event, the TV videos this morning of the wave’s advance making this perfectly clear.  How and when it finishes, we can only watch and wait as one of the great forces of nature plays out before us.

Tsunami Transit Time for Japanese Tsunami of 11/3/11

Tsunami Transit Time for Japanese Tsunami of 11/3/11

Fortunately, the Tsunami warning system seems to be doing its job, and hopefully, those countries around the Pacific and the small Pacific Islands within have had enough time to warn folks to get to high ground.  This image shows how much time they’ve got!

 

NOAA Tsunami Warning @ 10:30 GMT

This is the state of play a short time ago and the actual alert, showing wave heights and periods out at sea.  When they hit the coast, things are very, very different.

000

WEPA40 PHEB 111030

TSUPAC

TSUNAMI BULLETIN NUMBER 006

PACIFIC TSUNAMI WARNING CENTER/NOAA/NWS

ISSUED AT 1030Z 11 MAR 2011

THIS BULLETIN APPLIES TO AREAS WITHIN AND BORDERING THE PACIFIC

OCEAN AND ADJACENT SEAS…EXCEPT ALASKA…BRITISH COLUMBIA…

WASHINGTON…OREGON AND CALIFORNIA.

… A WIDESPREAD TSUNAMI WARNING IS IN EFFECT …

A TSUNAMI WARNING IS IN EFFECT FOR

JAPAN / RUSSIA / MARCUS IS. / N. MARIANAS / GUAM / WAKE IS. /

TAIWAN / YAP / PHILIPPINES / MARSHALL IS. / BELAU / MIDWAY IS. /

POHNPEI / CHUUK / KOSRAE / INDONESIA / PAPUA NEW GUINEA /

NAURU / JOHNSTON IS. / SOLOMON IS. / KIRIBATI / HOWLAND-BAKER /

HAWAII / TUVALU / PALMYRA IS. / VANUATU / TOKELAU / JARVIS IS. /

WALLIS-FUTUNA / SAMOA / AMERICAN SAMOA / COOK ISLANDS / NIUE /

FIJI / NEW CALEDONIA / TONGA / MEXICO /

KERMADEC IS / FR. POLYNESIA / PITCAIRN /

GUATEMALA / EL SALVADOR / COSTA RICA / NICARAGUA / ANTARCTICA /

PANAMA / HONDURAS / CHILE / ECUADOR / COLOMBIA / PERU

THIS BULLETIN IS ISSUED AS ADVICE TO GOVERNMENT AGENCIES. ONLY

NATIONAL AND LOCAL GOVERNMENT AGENCIES HAVE THE AUTHORITY TO MAKE

DECISIONS REGARDING THE OFFICIAL STATE OF ALERT IN THEIR AREA AND

ANY ACTIONS TO BE TAKEN IN RESPONSE.

AN EARTHQUAKE HAS OCCURRED WITH THESE PRELIMINARY PARAMETERS

ORIGIN TIME – 0546Z 11 MAR 2011

COORDINATES – 38.3 NORTH 142.4 EAST

DEPTH – 24 KM

LOCATION – NEAR EAST COAST OF HONSHU JAPAN

MAGNITUDE – 8.9

MEASUREMENTS OR REPORTS OF TSUNAMI WAVE ACTIVITY

GAUGE LOCATION LAT LON TIME AMPL PER

DART 21415 50.2N 171.8E 0845Z 0.27M / 0.9FT 52MIN

WAKE US 19.3N 166.6E 0928Z 0.39M / 1.3FT 14MIN

NAHA OKINAWA JP 26.2N 127.7E 0901Z 0.25M / 0.8FT 60MIN

SAIPAN US 15.2N 145.7E 0916Z 0.65M / 2.1FT 30MIN

TOSASHIMIZU SHIKOKU 32.8N 133.0E 0753Z 0.92M / 3.0FT 68MIN

OMAEZAKI HONSHU JP 34.6N 138.2E 0818Z 1.42M / 4.6FT 56MIN

DART 21419 44.5N 155.7E 0716Z 0.40M / 1.3FT 20MIN

DART 21413 30.5N 152.1E 0659Z 0.76M / 2.5FT 32MIN

HANASAKI HOKKAIDO J 43.3N 145.6E 0657Z 2.79M / 9.2FT 76MIN

DART 21401 42.6N 152.6E 0643Z 0.67M / 2.2FT 40MIN

DART 21418 38.7N 148.7E 0619Z 1.08M / 3.5FT 06MIN

LAT – LATITUDE (N-NORTH, S-SOUTH)

LON – LONGITUDE (E-EAST, W-WEST)

TIME – TIME OF THE MEASUREMENT (Z IS UTC IS GREENWICH TIME)

AMPL – TSUNAMI AMPLITUDE MEASURED RELATIVE TO NORMAL SEA LEVEL.

IT IS …NOT… CREST-TO-TROUGH WAVE HEIGHT.

VALUES ARE GIVEN IN BOTH METERS(M) AND FEET(FT).

PER – PERIOD OF TIME IN MINUTES(MIN) FROM ONE WAVE TO THE NEXT.

NOTE – DART MEASUREMENTS ARE FROM THE DEEP OCEAN AND THEY

ARE GENERALLY MUCH SMALLER THAN WOULD BE COASTAL

MEASUREMENTS AT SIMILAR LOCATIONS.

EVALUATION

SEA LEVEL READINGS CONFIRM THAT A TSUNAMI HAS BEEN GENERATED

WHICH COULD CAUSE WIDESPREAD DAMAGE. AUTHORITIES SHOULD TAKE

APPROPRIATE ACTION IN RESPONSE TO THIS THREAT. THIS CENTER WILL

CONTINUE TO MONITOR SEA LEVEL DATA TO DETERMINE THE EXTENT AND

SEVERITY OF THE THREAT.

A TSUNAMI IS A SERIES OF WAVES AND THE FIRST WAVE MAY NOT BE THE

LARGEST. TSUNAMI WAVE HEIGHTS CANNOT BE PREDICTED AND CAN VARY

SIGNIFICANTLY ALONG A COAST DUE TO LOCAL EFFECTS. THE TIME FROM

ONE TSUNAMI WAVE TO THE NEXT CAN BE FIVE MINUTES TO AN HOUR, AND

THE THREAT CAN CONTINUE FOR MANY HOURS AS MULTIPLE WAVES ARRIVE.

FOR ALL AREAS – WHEN NO MAJOR WAVES ARE OBSERVED FOR TWO HOURS

AFTER THE ESTIMATED TIME OF ARRIVAL OR DAMAGING WAVES HAVE NOT

OCCURRED FOR AT LEAST TWO HOURS THEN LOCAL AUTHORITIES CAN ASSUME

THE THREAT IS PASSED. DANGER TO BOATS AND COASTAL STRUCTURES CAN

CONTINUE FOR SEVERAL HOURS DUE TO RAPID CURRENTS. AS LOCAL

CONDITIONS CAN CAUSE A WIDE VARIATION IN TSUNAMI WAVE ACTION THE

ALL CLEAR DETERMINATION MUST BE MADE BY LOCAL AUTHORITIES.

BULLETINS WILL BE ISSUED HOURLY OR SOONER IF CONDITIONS WARRANT.

THE TSUNAMI WARNING WILL REMAIN IN EFFECT UNTIL FURTHER NOTICE.

THE JAPAN METEOROLOGICAL AGENCY MAY ALSO ISSUE TSUNAMI MESSAGES

FOR THIS EVENT TO COUNTRIES IN THE NORTHWEST PACIFIC AND SOUTH

CHINA SEA REGION. IN CASE OF CONFLICTING INFORMATION… THE

MORE CONSERVATIVE INFORMATION SHOULD BE USED FOR SAFETY.

THE WEST COAST/ALASKA TSUNAMI WARNING CENTER WILL ISSUE PRODUCTS

FOR ALASKA…BRITISH COLUMBIA…WASHINGTON…OREGON…CALIFORNIA.

 

Wake Island

I wonder how Wake Island is getting on?  The highest point on the island is only 20 feet and the wave should be there about now….

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R.I.P. Brigadier Lethbridge-Stewart

Strangely post on February 23rd, 2011
Posted in Buddhism Tags: , , , , , , , , , , , , , , ,

R.I.P. Actor Nicholas Courtney

Actor Nicholas Courtney as The Brigadier

Actor Nicholas Courtney as The Brigadier

So farewell Brigadier!

Many a time you and your UNIT chums saved the world from horrible alien monsters.  It wasn’t always “The Doctor” and your calm panic and belief in the Doctor’s powers (despite himself) always pulled us through.  You acted with just the right amount of authority.   Saturday tea-times were never the same once you “retired” and Doctor Who was pulled from the schedules….

And as you said many times,

RIGHT!  Lets get on with it!

References:

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Porn Sniffing

Class Action Against Pornbrokers

This class action suit caught my eye today from one of my feeds, ClassActionLawsuitsInTheNews.

YouPorn, YouPorn Cocks and YouPorn Gay Privacy Class Action Lawsuit Complaint Filed Over Alleged Internet Browsing History Sniffing

Thoughts

Initially, I thought,

“well that’s tough on those visiting such websites…. they should know what to expect…”

…and other such sentiments.

But then I thought,

“hang on – this technology is used by all websites, and the principle of using vulnerabilities in Java (this time) and other coding as a means to steal user information etc can be applied to all websites that we visit”

It’s not the same as revealing government or business secrets that in an honourable and ethical world should not be secret in the first place, is it?

No it isn’t.

The difference is in the scale of the watching – because the defendants are using Big Brother monitoring techniques for the prime purpose of theft in all its guises.

Notionally, our governments are supposed to “ask the people” by way of an appointed legal authority to do phone tapping etc.  The fact that Wikileaks has exposed our representatives doing the opposite time & time again (amongst other illegal things) only clarifies the difference between the right way of living and the wrong.

If our representatives acted honourably, then there would be no need for Wikileaks, or Amnesty International etc.

And plainly, the class action shows that a whole host of people believe the porno-defendants were not acting honourably at the personal level.  How many people think this?

Well, the class action is asking for relief for, get this……

Each and every United States resident who has visited Defendant’s website in the previous four years.

And that’s one heap of a list of IP addresses. Where will they get that? Hmmm.

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