U.P. Breaking News Exclusive: Northern Michigan Media Wars #2 – as Northern Star Broadcasting sells the last of its northern Michigan radio stations, a longtime ad executive slaps state and federal lawsuits against the company, its general manager charging retaliation, discrimination, reckless indifference, and more for allegedly violating laws that protect people who are disabled

 

Versus

NSB Logo

NSB Website not updated
By Greg Peterson
News Director, Owner
Upper Peninsula Breaking News

(Traverse City, MI) – A longtime advertising  executive for a group of northern Michigan radio stations that serve the eastern Upper Peninsula has filed state and federal lawsuits accusing the owners and its general manager with retaliation, discrimination, reckless indifference, mental anguish and more for allegedly violating laws that protect people with disabilities.

Hired almost 20 years ago, radio ad salesperson Kimberlee McCardel of Traverse City, MI filed her lawsuits about six weeks ago against Northern Star Broadcasting, LLC (as a Michigan company) and the manager of the company’s radio stations Mary Reynolds (as an individual).

But – about a month earlier – many of the radio stations were sold.

Reynolds is/was the General Manager/Vice President of Sales/Marketing for Northern Star Broadcasting, LLC radio stations across northern Michigan including the eastern Upper Peninsula. Strange in these mass communications days, U.P. Breaking News could not find any online photos of Mary Reynolds – the boss of a pile of radio stations.

Reynolds is – or was – in charge of WQEZ Easy 95.5/106.3; Classic Rock 97.7/98.1/107.1; The Bear, Rock 105; 102.9 Big Country Hits; and Big Country Gold AM 1240 100.7 FM.

BUT – hold the presses – these radio stations have been split up and sold this year – so you might need a scorecard to keep track. Below – read the stories about the chop up and sale – of Northern Star Broadcasting.

The 15-page, five-count federal court lawsuit states McCardel is a victim of retaliation and discrimination under state and federal disability laws.

The suit states another federal investigation into the company’s handling of her claim ended with a finding that McCardel was “discharged based on a disability.”

EEOC Questionaire by Kimberlee McCardel

USEEOC Banner 2

USEEOC BannerMcCardel’s lawsuit claims that the Equal Employment Opportunity Commission (EEOC) investigation resulted in “a determination that found Plaintiff was denied a reasonable accommodation and discharged based on a disability, and that defendant Northern Star broadcasting/Mary Reynolds “violated the ADA.”

EEOC LogoThe following information was obtained from – or alleged in – the federal lawsuit:

“At all times relevant” to the suit, McCardel “did perform the essential functions of her job” and a “large portion” of her sales job was in the field “calling on clients and potential clients.”

McCardel was seriously injured in an Oct. 14, 2011 traffic accident that resulted in “a traumatic brain injury” plus “neck pain, back pain, headaches, and a sensitivity to light and noise.”

“While recovering from the accident,” McCardel was “allowed to work from home as a reasonable accommodation and was able” to perform her job.

Due to the wreck, McCardel “is impaired in the major life functions of multitasking and often unable to “concentrate when interruptions to her tasks occur.”

Dr. David Oakley, M.D.Two years after the crash, McCardel’s physician, Dr. David Oakley, signed a two-week “medical leave of absence.”

In response to the leave of absence, NSB and Reynolds demanded that McCardel“turn in her laptop and took away her access to her emails” and to “work product.”

Mary Reynolds of Traverse City, MI was the general manager and vice president of Northern Star Broadcasting, LLC and “she was one of the parties involved in the ownership transfer” of NSB in 2013.

At that Nov. 13, 2013 meeting, NBS wanted McCardel’s “medical providers” to provide information on “her disability and request for accommodation.”

Carol Holland, Occupational TherapistMcCardel’s occupational therapist Carol Holland submitted the requested information to Reynolds five days later (Nov. 18) that included “working from home, no fluorescent lighting, and a quiet environment without interruptions.”

The occupational therapist explained McCardel’s list of medical needs including “working in the office necessary for meeting with clients” plus “getting her mail” and specific staff-related meetings needed for sales, business and management.

On Nov. 25, 2013, Reynolds sent an email “forbidding’ McCardel “from talking to any client or contacting a client in any way” until the two “had a chance to meet” in early December.”

Under Count 5, a claim is made under the Michigan Sales Representative Act Violation for withholding sales commission.

The suit makes the ‘disability discrimination’ charges under the national Americans with Disabilities Act (ADA) and the Michigan Persons with Disabilities Civil Rights Act (PDCRA).

In addition to unspecified monetary damages, the suit seeks:

  • Reinstatement with commensurate pay or “an award of front-pay until” McCardel is 67 years old

  • Pecuniary damages like back pay and benefit with interest

  • Compensatory damages to be determined at trial

  • Attorneys fees and all costs associated with the litigation plus interest

  • Further relief that the court “deems just and equitable”

The suit alleges that what followed was NBS “effectively denying her (McCardel) request for reasonable accommodations” and not “engaging in the reasonable accommodation process” that would allow her to work.

NBS told McCardel that if her doctor decided “you cannot return to work under the prior existing conditions of your employment” then McCardel should “utilize any accrued vacation, sick or personal leave.”

McCardel said she had spent those years attempting “to work with her door closed and lights turned off but it ad not been effective in solving the (medical) problem”

ADA Title VII #1

“I feel the company (NSB) is discriminating against me based on my disability” violating the ADA and the Michigan Persons with Disability Civil Rights Act, McCardel said in a Dec. 3 letter to Reynolds. “You have failed to accommodate my disability.”

“You are retaliating against me for requesting job accommodations and taking disability leave,” said McCardel stating her feelings in the letter. “You not honoring my request for is impairing my ability to earn a livelihood given my commission based compensation.”

McCardel suggested a meeting but the suit alleges in a letter three days later (Dec. 6) Reynolds stated “I am requesting that you not return to work until further notice” that was followed four days later (Dec. 10) by an official termination

Del ReynoldsThe federal civil suit states that NBS was then sold and McCardel was “told her position has been eliminated” during a Dec. 11 meeting with NBS Gen. Mgr. Mary Reynolds and Del Reynolds, NSB Vice Pres. of programming and operations/chief engineer

At that meeting, the Reynolds were “now also the principal owners of the entity that purchased NBS.” McCardel said Del Reynolds “assured” her that she’d receive her earned work commissions “as the company received payments from their clients for work.”

McCardel never received her outstanding commissions and despite reapplying with “the new entity” that bought NSB “was the only non-executive not rehired.”

In addition to lost wages, McCardel suffered “substantial pecuniary losses,” mental anguish, loss of enjoyment of life” and other losses. “NBS conducted itself with malice and with reckless indifference” to (McCardel’s) state and federal protected rights, the suit states.

Michigan Sales Representative ActMI Bar Assoc. Fights Sales Commission ActADA Title VII #2

Now some of the radio station sales info:

http://radioink.com/2016/05/26/black-diamond-acquire-northern-star-1-95-million

One of radio’s bigger deals in quite some time will come from Northern Michigan where Black Diamond Broadcast is purchasing eight stations from Northern Star Broadcasting for $1.95 million. Here are the details of the deal brokered by Jason James of Patrick Communications.

The stations changing hands are WCBY-AM Cheboygan, WGFM-FM Cheboygan, WCHY-FM Cheboygan, WGFN-FM Glen Arbor, WMKC-FM Indian River, WOEZ-FM Onaway, WQEZ-FM Glen Arbor, and 100.7 FM W264CF St. Ignace. Black Diamond is owned by Michigan residents Mike Chires and Norm McKee, who also own WUPS-FM Harrison and WTWS-FM Houghton Lake which they purchased in 2015.

Northern Star Broadcasting’s President Del Reynolds said, “These radio stations are huge technical facilities reaching from Cadillac to Canada and Traverse City to Alpena.”

“I believe that Black Diamond is the radio group to continue the tradition of being committed local broadcasters and will be honorable trustees of these FCC licenses. Our staff and our clients are the best in the country and we know that they are in good hands with Black Diamond.”

“They have shown with their previous acquisition of WUPS and WTWS that they know how to serve the local community and we are at ease knowing these groups will continue to grow and thrive with them as we transition into what is next for us.”

Black Diamond partner and CEO Mike Chires stated, “Del and Mary have done a tremendous job of building powerhouse stations that serve their communities extremely well.”

“They have strong relationships with their clients, and the respect of broadcasters throughout the industry, especially in Michigan, which is the ultimate compliment. We look forward to continuing the legacy and the relationships they’ve built with their clients and communities these great stations serve.” Norm McKee, Black Diamond partner and COO/CFO added.

“The Northern Star properties permit us to establish a group of 10 radio stations serving all of central and northern Michigan with quality broadcasting, sports, and community coverage. We can now serve listeners and clients from the Zilwaukee Bridge to north of the Mackinac Bridge, and from Ludington to Oscoda (Bridge to Bridge, Coast to Coast).”

This slideshow requires JavaScript.

NORTHERN-STAR-BROADCASTING-EEO-REPORT-2016

Below is further information from the lawsuit and those involved.

——-

Northern Star Broadcasting civil action summons 1

Northern Star Broadcasting civil action summons 2

Northern Star Broadcasting Disability Violations Main Suit

Northern Star Broadcasting Exhibit 1

Northern Star Broadcasting Exhibit 2

Northern Star Broadcasting Exhibit 3

Northern Star Broadcasting Exhibit 4

Northern Star Broadcasting Exhibit 5

Northern Star Broadcasting Exhibit 6

Northern Star Broadcasting Exhibit 7

Northern Star Broadcasting Exhibit 8

Northern Star Broadcasting Exhibit 9

Northern Star Broadcasting Exhibit 10

Northern Star Broadcasting Exhibit 11

Filed 5/20/16

15 pages

Five Counts

Count 1

Americans with Disabilities Act (ADA) Disability Discrimination

Count 2

ADA Retaliation

Count 3

Michigan Persons with Disabilities Civil Rights Act (PDCRA) Disability Discrimination

Count 4

MI PDCRA Retaliation

Count 5

A Claim under the Michigan Sales Representative Act Violation for withholding sales commission

Kimberlee McCardel

Kimberlee McCardel

vs

Northern Star Broadcasting, LLC (as a Michigan company)

Mary Reynolds (as an individual)

NSB Website not updated

——-

McCardel Lawyers:

Kevin M. Keenan (72216)

Keenan@wuattorneys.com

Glenn L. Smith (43156)

Smith@wuattorneys.com

250 Monroe Ave., NW

Suite 100

Grand Rapids, MI 49503

616-459-7100

——-

The suit seeks:

  • Reinstatement with commensurate pay or “an award of front-pay until” McCardel is 67 years old

  • Pecuniary damages like back pay and benefit with interest

  • Compensatory damages to be determined at trial

  • Attorneys fees and all costs associated with the litigation plus interest

  • Further relief that the court “deems just and equitable.”

——-

Americans with Disabilities Act (ADA) – Title VII of the Civil Rights Act of 1964

A “pendent state court claim(s)” are being brought pursuant to both – Michigan Sales Representative Act and the Michigan Persons with Disabilities Civil Rights Act

The federal court has “supplemental jurisdiction” over the state court claims

McCardel has filed “a charge of employment discrimination on the basis of disability with the Equal Employment Opportunity Commission (EEOC) within 300 days of the commission of the unlawful employment practices alleged” in the complaint.

(Northern Star Broadcasting Exhibit 1)

The EEOC investigation resulted in “a determination that found Plaintiff was denied a reasonable accommodation and discharged based on a disability, and that defendant Northern Star broadcasting/Mary Reynolds “violated the ADA.”

(Northern Star Broadcasting Exhibit 2)

(Northern Star Broadcasting Exhibit 3)

Kimberlee McCardel of Traverse City, MI:

McCardel was hired by NSB on April 6, 1998 as an “integrated marketing consultant engaged in sales for NSB” at its office at 3250 Racquet Club Drive in Traverse City.

“At all times relevant” to the suit, McCardel “did perform the essential functions of her job” and a “large portion” of her sales job was in the field “calling on clients and potential clients.”

McCardel was seriously injured in an Oct. 14, 2011 traffic accident that resulted in “a traumatic brain injury” plus “neck pain, back pain, headaches, and a sensitivity to light and noise.”

(Northern Star Broadcasting Exhibit 4 – Letters from Dr. David Oakley on Dec. 4 and OT Carol Holland on Nov. 18)

(Northern Star Broadcasting Exhibit 5)

“While recovering from the accident,” McCardel was “allowed to work from home as a reasonable accommodation and was able” to perform her job.

Due to the wreck, McCardel “is impaired in the major life functions of multitasking and often unable to “concentrate when interruptions to her tasks occur.”

Two years after the crash, McCardel’s physician, Dr. David Oakley, signed a two-week “medical leave of absence.”

(Northern Star Broadcasting Exhibit 6)

(Northern Star Broadcasting Exhibit 7)

In response to the leave of absence, NSB and Reynolds demanded that McCardel “turn in her laptop and took away her access to her emails” and to “work product.”

Northern Star Broadcasting in Traverse City, MI

Mary Reynolds of Traverse City, MI was the general manager and vice president of Northern Star Broadcasting, LLC and “she was one of the parties involved in the ownership transfer” of NSB in 2013.

McCardel was not allowed to return to work on Nov. 6, 2013 and met on Nov. 13 with Reynolds and Dave Simmons, president of NSB

During that meeting, the two NBS executives and McCardel “discussed her return to work” plus her employers requested “additional information” on accommodations her condition required

At that Nov. 13, 2013 meeting, NBS wanted McCardel’s “medical providers” to provide information on “her disability and request for accommodation.”

McCardel’s occupational therapist Carol Holland submitted the requested information to Reynolds five days later (Nov. 18) that included “working from home, no fluorescent lighting, and a quiet environment without interruptions.”

(See above – Exhibit 4 – letters from Dr. Oakley on Dec. 4 and OT Holland on Nov. 18)

The occupational therapist explained McCardel’s list of medical needs including “working in the office necessary for meeting with clients” plus “getting her mail” and specific staff-related meetings needed for sales, business and management.

(See Exhibit 5)

On Nov. 25, 2013, Reynolds sent an email “forbidding’ McCardel “from talking to any client or contacting a client in any way” until the two “had a chance to meet” in early December.”

(Northern Star Broadcasting Exhibit 8)

McCardel received a letter dated Nov. 27, 2013 from Reynolds that confirmed receipt of the medical information but added “apparently you are somehow relating this request to an automobile accident that happened over two years ago” and since have continued to work in NBS offices.

“You know that your request comes at the most inopportune time in our business with the holidays and yearend sandwiched on top of the pending merger and acquisition,” states the email from Reynolds to McCardel. “You are welcome to close your door and cut down on the usual office chatter and shut your lights.”

The suit alleges that what followed was NBS “effectively denying her (McCardel) request for reasonable accommodations” and not “engaging in the reasonable accommodation process” that would allow her to work.

(Northern Star Broadcasting Exhibit 9)

NBS told McCardel that if her doctor decided “you cannot return to work under the prior existing conditions of your employment” then McCardel should “utilize any accrued vacation, sick or personal leave.”

McCardel said she had spent those years attempting “to work with her door closed and lights turned off but it ad not been effective in solving the (medical) problem”

“I feel the company (NSB) is discriminating against me based on my disability” violating the ADA and the Michigan Persons with Disability Civil Rights Act, McCardel said in a Dec. 3 letter to Reynolds. “You have failed to accommodate my disability.”

“You are retaliating against me for requesting job accommodations and taking disability leave,” said McCardel stating her feelings in the letter. “You not honoring my request for is impairing my ability to earn a livelihood given my commission based compensation.”

(Northern Star Broadcasting Exhibit 10)

McCardel suggested a meeting but the suit alleges in a letter three days later (Dec. 6) Reynolds stated “I am requesting that you not return to work until further notice” that was followed four days later (Dec. 10) by an official termination

(Northern Star Broadcasting Exhibit 11)

The federal civil suit states that NBS was then sold and McCardel was “told her position has been eliminated” during a Dec. 11 meeting with NBS Gen. Mgr. Mary Reynolds and Del Reynolds, NSB Vice Pres. of programming and operations/chief engineer

At that meeting, the Reynolds were “now also the principal owners of the entity that purchased NBS.”

McCardel said Del Reynolds “assured” her that she’d receive her earned work commissions “as the company received payments from their clients for work”

McCardel never received her outstanding commissions and despite reapplying with “the new entity” that bought NSB “was the only non-executive not rehired.”

In addition to lost wages, McCardel suffered “substantial pecuniary losses,” mental anguish, loss of enjoyment of life” and other losses.

“NBS conducted itself with malice and with reckless indifference” to (McCardel’s) state and federal protected rights, the suit states.

Related links and information:

Kimberlee McCardel LinkedIn Graphic

 

Kimberlee McCardel

https://www.linkedin.com/in/kimberlee-mccardel-129a2615

Lite 93 promotion with chefs with Kimberlee McCardel

Northern Express website caption for above photo: Chef Dan Huey, Catherine Stownehouse, Chef Ardi Huey and Kimberlee McCardel enjoying a cooking demonstration at Pro Build.

http://npaper-wehaa.com/run/npaper?paper=northernexpress&get=gDraw&pgid=905196&x=269&y=367&w=138&h=267&pw=559&ph=665&pid=26326&t=2

Download

Dr. David Oakley, M.D.

Dr. David Oakley, M.D.

Michigan State University College of Human Medicine graduate

Practiced at Grand Traverse Internists since 1995

www.gtinternists.com/about-us.html

Carol Holland, Occupational Therapist

Carol Holland, Occupational Therapist, OTR/L

Occupational Therapy/Memory and Attention Training Center

Munson Healthcare
1105 Sixth St.
Traverse City, MI 49684

231-935-0388
cholland@mhc.net

www.munsonhealthcare.org

http://braininjurynorth.com/Occupational%20Therapy.html

https://www.linkedin.com/in/carol-holland-7198b414

Fans not happy:

chuck69dotcom@gmail.com

http://beeotchoftheday.blogspot.com

Bee-otch of the Day is a production of www.Chuck69.com, Grand Rapids’ site for Stern, politics and more!
http://beeotchoftheday.blogspot.com/2013/04/4913-bee-otch-of-day-northern-star.html

http://beeotchoftheday.blogspot.com/2011/11/back-page-northern-star-sells-back-to.html

A soothsayer in April 2013:

But, here’s the $64 Million Question: will Rock 105 last?

Remember, NSB is trying to sell itself back to Del Reynolds.

In order to do so, they’re trying to spin off 94.5 and 93.9 to the teabaggers that own WYPV 106.3 in Onaway for 106.3. The sale of 94.5 has been approved, but not 93.9, and that station is now silent for the time being.

Only time will tell what will happen, but one thing’s for sure: thank God I have Sirius.

——-

NSB Website not updated

Mary Reynolds

mary@nsbroadcasting.com

hr@nsbroadcasting.com

231-290-1910 (cell)

NBS General Manager

NBS Vice President of Sales/Marketing

Northern Star Broadcasting, LLC

WQEZ Easy 95.5/106.3; Classic Rock 97.7/98.1/107.1; The Bear Rock 105; 102.9 Big Country Hits; and Big Country Gold AM 1240 100.7 FM

Del Reynolds, NSB Vice Pres. of programming and operations/chief engineer

http://www.michiguide.com/dials/owners/nstar.html

Northern Star Broadcasting, LLC,

514 Munson Ave.

Traverse City, MI 49686

NBS Pres. Dave Simmons

Think we found him – but want to make sure before post info

W. Palmer Pyle, Former President & Founder Northern Star Broadcasting, Traverse City

W. Palmer Pyle
Retired Owner and Founder of Northern Star Broadcasting, Traverse City

http://michmab.com/AboutMAB/MemberUpdates/mid/663/newsid663/62/dnnprintmode/true?SkinSrc=%5BG%5DSkins%2F_default%2FNo+Skin&ContainerSrc=%5BG%5DContainers%2F_default%2FNo+Container

http://newsletter.michmab.com/june12/june12a

——-

Northern Star Broadcasting

1356 Mackinaw Avenue
Cheboygan, MI 49721

231-627-2341 Ext. 395
231-627-0395

231-627-7000 (fax)

514 Munson Avenue
Traverse City, MI 49684


231-922-4981 Ext. 111
231-922-3633 (fax)

http://nsbroadcasting.com/contact

 

Sovereign Communications 2010 buys U.P. stations

Sovereign Communications logo

Sovereign Communications, LLC

P.O. Box 1230

Sault Ste. Marie, MI 49783

Based in Sault Ste. Marie, MI

We couldn’t find an official website – but there is this “book”

Sovereign Communications Promo includes Wikipedia

https://www.morebooks.de/store/gb/book/sovereign-communications/isbn/978-613-5-46217-3

WMIQ Talk Radio Logo

http://www.wmiq.net/contact.html

http://www.1230wsoo.com/

http://www.wjpd.com/page.php?page_id=81

906-632-2231 (office)

906-632-4411 (fax)

Key Executives for Sovereign Communications, LLC

Mr. Bill Gleich, President and Chief Executive Officer Sovereign

Mr. Bill Gleich, President and Chief Executive Officer

https://en.wikipedia.org/wiki/Sovereign_Communications

www.michiguide.com/dials/owners/sovrn.html

www.secondwavemedia.com/upper-peninsula/features/sovereign21115.aspx

http://www.bloomberg.com/research/stocks/private/snapshot.asp?privcapId=98185204

http://listings.findthecompany.com/l/8878667/Sovereign-Communication-Llc-in-Sault-Sainte-Marie-MI

Sault Ste. Marie, MI:

WSOO Radio website

 

1230 AM WSOO Full service

www.1230wsoo.com

WYSS Contemporary Hits

101.3 WSUE Rock

www.rock101.net

105.5 WMKD Country

1400 WKNW ESPN/Sports

Marquette, MI:

92.3 WJPD Country

94.1 WUPK Rock

99.5 WNGE Oldies

1320 WDMJ News/Talk

Iron Mountain, MI:

93.1 WIMK Rock

94.3 WZNL Hot Adult Contemporary

1450 WMIQ Talk

Newberry, MI:

93.9 WNBY-FM Oldies

1450 WNBY Classic Country

Ishpeming, MI

1240 WIAN News/Talk

——-

Black-Diamond-Broadcasting-WUPS-Twister (2).jpg

Black Diamond Broadcast Holding Group

Owners Mike Chires and Norm McKee

Chires is also CEO

Black Diamond Broadcast Holding has agreed to acquire eight stations from Northern Michigan-based Northern Star Broadcasting for $1.95 million.

The transaction encompasses multiple signals in Traverse City-Petoskey, MI, and includes WCBY-AM (1240), WGFM-FM (105.1) and WCHY-FM (97.7)/Cheboygan, along with WGFN-FM (98.1) and WQEZ-FM (95.5)/Glen Arbor, WMKC-FM (102.9)/Indian River, WOEZ-FM (106.3)/Onaway and W264CF (100.7)/St. Ignace.

Black Diamond, owned by long-time broadcast executives and life-long Michigan residents, Mike Chires and Norm McKee, currently own WUPS-FM/Harrison and WTWS-FM/Houghton Lake, both purchased in 2015.

Black-Diamond-Broadcasting-WUPS-Twister

https://en.wikipedia.org/wiki/WUPS

https://media.info/radio/news/black-diamond-broadcast-holdings-buys-7-full-power-michigan-stations-1-translator-from-northern-star

www.ourmidland.com/business/article/Black-Diamond-buys-WUPS-FM-WTWS-FM-6908222.php

http://radioink.com/2016/05/26/black-diamond-acquire-northern-star-1-95-million/

www.wups.com/

http://rbr.com/black-diamond-to-acquire-northern-star-broadcasting

http://www.allaccess.com/net-news/archive/story/154029/black-diamond-broadcast-holdings-buys-7-full-power

Black Diamond Broadcast Holding

http://news.radio-online.com/cgi-bin/rol.exe/headline_id=b14744

RIP NBS Favs by FanNorthern Star Broadcasting, LLC

http://nsbroadcasting.com

http://www.fccinfo.com/CMDProEngine.php?sCurrentService=FM&tabSearchType=Appl&sAppIDNumber=1419937

Strong Tower logo

West Central Michigan Media Ministries

https://en.wikipedia.org/wiki/Strong_Tower_Radio

http://www.strongtowerradio.org

WIHC

http://www.fccinfo.com/CMDProFacLookup.php?tabSearchType=Lice&sLicensee=WEST+CENTRAL+MICHIGAN+MEDIA+MINISTRIES

http://www.michiguide.com/dials/owners/wcmmm.html

Michigan Broadcasters

Still investigating

 Baraga Radio Group

Baraga Broadcasting

http://www.thecatholiclight.com/

https://en.wikipedia.org/wiki/WTCK

Up North Radio

http://news.michmab.com/northern-star-broadcasting-stations-sold/

Patrick Communications

Patrick Communications

(Read how they brokered the sales of many northern Michigan radio stations)

www.patrickcommunications.com

Classic Rock The Bear WGFN-FM/WCKC-FM/WCHY-FM 98.1 FM/97.7 FM/107.1 FM

https://en.wikipedia.org/wiki/WGFN

www.classicrockthebear.com

WGFM ROCK 105 FM coverage map

105 ROCK WGFM 105.1 FM 103.7 FM

www.rock105.fm

http://nsbroadcasting.com/wp-content/uploads/Rock-105-Radio-Station-Information-2.pdf

Big Country Hits WMKC FM 102.9 FM

http://1029bigcountry.com

WCBY Big Country Gold coverage map

Big Country Gold WCBY AM/FM 1240 AM/100.7 FM

www.bigcountrygold.com

Easy WQEZ FM 106.3 FM/95.5 FM

http://wqez.fm

ADA Chnages graphic

Americans with Disabilities Act (ADA) Title VII of the Civil Rights Act of 1964 (Title VII)

www.eeoc.gov/laws/statutes/titlevii.cfm

www.eeoc.gov/facts/qanda.html

www.eeoc.gov/laws/statutes/

www.eeoc.gov/eeoc/publications/qa_domestic_violence.cfm

http://slideplayer.com/slide/3442802

Michigan Sales Representative Act

Michigan Sales Representative Act

www.legislature.mi.gov/(S(j2z3y5suxj3adxet0a1eklyt))/mileg.aspx?page=getObject&objectName=mcl-600-2961

www.michbar.org/file/journal/pdf/pdf4article2419.pdf

www.fosterswift.com/publications-Michigan-Sales-Rep-Act-Review-Commission-Agreements.html

www.hamblinlaw.com/michigan-sales-commission-disputes.html

Michigan Persons with Disabilities Civil Rights Act

Michigan Persons with Disabilities Civil Rights Act: Employment

www.michigan.gov/documents/PWDCRA10-05_115444_7.pdf

www.michigan.gov/disabilityresources/0,4563,7-223-40879—,00.html

Rehabilitation Act of 1973-Section 504

Individuals with Disabilities Education Improvement Act of 2004

Michigan Special Education & Early Intervention Services

USEEOC Questions banner

Equal Employment Opportunity Commission (EEOC)

www.eeoc.gov

www.facebook.com/USEEOC

https://twitter.com/EEOCNews

https://twitter.com/eeocespanol

www.youtube.com/user/TheEEOC

https://public.govdelivery.com/accounts/USEEOC/subscriber/new

Following info from Wikipedia:

All Northern Michigan stations were sold to Black Diamond Broadcasting in 2016 unless otherwise stated

93.9 FM WAVC (Mio; sold to Michigan Broadcasters in 2013)

94.5 FM WLJZ (Mackinaw City; sold to Michigan Broadcasters in 2013)

95.5 FM WQEZ (Glen Arbor)

97.7 FM WCHY (Cheboygan)

98.1 FM WGFN (Glen Arbor)

102.9 FM WMKC (Indian River, previously St. Ignace)

103.7 FM W279CC (Alpena)

105.1 FM WGFM (Cheboygan)

106.3 FM WOEZ (Onaway)

107.1 FM WCKC (Cadillac; sold to Up North Radio in 2016)

1240 AM WCBY (Cheboygan)

The 2010 shakeup

http://www.michiguide.com/archives2010/northern-michigan-up/2010/02

Western Upper Peninsula

All of Northern Star Broadcasting’s stations in Michigan’s Western Upper Peninsula were sold to Sovereign Communications in 2010

92.3 FM WJPD (Ishpeming)

93.1 FM WIMK (Iron Mountain)

94.1 FM WUPK (Marquette)

94.3 FM WZNL (Norway)

99.5 FM WNGE (Negaunee)

1240 AM WIAN (Ishpeming)

1320 AM WDMJ (Marquette)

1450 AM WMIQ (Iron Mountain)

Eastern Upper Peninsula

97.9 FM WIHC (Newberry; sold to West Central Michigan Media Ministries in 2011)

99.5 FM WYSS (Sault Ste. Marie; sold to Sovereign Communications in 2010)

100.7 FM W264CF (St. Ignace; sold to Black Diamond Broadcasting in 2016)

105.5 FM WMKD (Pickford; sold to Sovereign Communications in 2010)

940 AM WIDG (St. Ignace; sold to Baraga Broadcasting in 2008)

1400 AM WKNW (Sault Ste. Marie; sold to Sovereign Communications in 2010)

International Bridge Cameras

U.P. Breaking News Exclusive – It Goes Both Ways: Federal Native American Domestic Violence Crack down by federal prosecutors results in non-native female charged with assaulting a Native American man on tribal property

 U.P. Breaking News has been focusing on the problem of habitual domestic violence involving Native American Males and female victims – and this is first we’ve found to this point with a female suspect up on federal charges

Marissa Nicole Sherlock 1b

 

By Greg Peterson
News Director, Owner
Upper Peninsula Breaking News

906-273-2433

(Grand Rapids, MI) – In the past two years, federal prosecutors have been making cases against male domestic violence suspects on Native American reservations across northern Michigan and now a non-native female has been charged with assaulting a Native American man on tribal lands.

Marissa Nicole Sherlock 2Marissa Nicole Sherlock, a non-native, is accused of a Class B federal misdemeanor for allegedly assaulting her boyfriend on June 26, 2016 in Calhoun County “in Indian Country” on “lands held in trust Nottawaseppi Huron Band of Potawatomi Indians.” The tribal lands are located within Calhoun County.

The victim is “an adult Indian male” identified only as “L.D.”

A non-jury trial is scheduled for 9:30 a.m. on August 30, 2016 at federal court in Grand Rapids. The final pretrial conference is August 23.

Sherlock is charged in a federal criminal information filed by Asst. U.S. Attorney Jeff J. Davis, the federal prosecutor in the case filed in the U.S. District Court for the Western District of Michigan. The federal misdemeanor charge carries a much lesser sentence than the federal felony habitual domestic violence cases that require three previous convictions in state or tribal court.

The case has also been assigned to Nancy A. Bogren, the Nottawaseppi Huron Band of the Potawatomi Tribal Prosecutor and a Special Asst. U.S. Attorney

Sherlock is free on personal recognizance bond and must abide by several court conditions including not to contact the victim.

She was freed after entering a not guilty plea before U.S. Magistrate Judge Ray Kent. Sherlock’s defense attorney is Asst. Federal Public Defender Richard D. Stroba, according to federal court documents.
The Nottawasepe Potawatamie Reservation is located in Athens Township in southwestern Calhoun County in southwestern Michigan. The tribe has purchased an additional 230 acres of land for its use and operates a gaming casino in Battle Creek, according to Wikipedia.

Related links:

Marissa Nicole Sherlock, Asst. Public Defender aka defense attorney

Richard D. Stroba

https://www.westmichigandefender.org/defenderContact/Dick_Stroba_Assistant_Federal_Defender.php

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Nottawaseppi Huron Band of Potawatomi Indians

Nottawaseppi Huron Band of Potawatomi Indians

Huron Potawatomi Inc.

2221 1 1/2 Mile Rd.

Fulton, MI 49052

(269) 729-5151

http://nhbpi.com

www.facebook.com/NHBPI

https://en.wikipedia.org/wiki/Nottawaseppi_Huron_Band_of_Potawatomi

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Asst. U.S. Attorney Jeff J. Davis

U.S. Attorneys Offices:

Grand Rapids, Michigan HQ Office

616-456-2404

Marquette

906-226-2500

Lansing

517-377-1577

https://www.justice.gov/usao-wdmi/community-outreach/indian-country-initiatives

https://www.justice.gov/archive/usao/miw/news/2011/2011_0628_CFrazier.html

https://www.justice.gov/usao-wdmi/pr/2014_1209_LLaVictor.html

http://www.sooeveningnews.com/article/20150513/NEWS/150519663

https://www.fbi.gov/detroit/press-releases/2010/de032910a.htm

http://nativenewsonline.net/currents/sault-ste-marie-man-gets-355-months-prison-term-for-sexual-assault-on-american-indian-woman/

http://www.aisc.ucla.edu/iloc/report/files/Appendix_C.pdf

Nottawaseppi Tribal Prosecutor

Nancy A. Bogren

Nottawaseppi Huron Band of the Potawatomi Tribal Prosecutor

Special Asst. U.S. Attorney

Paw Paw, MI

 

nbogren@nhbpi.com

269-704-8417

269-657-5357

 

Paw Paw Office

303 East Paw Paw Street

Suite 6

Paw Paw, MI 49079

 

http://nhbpi.com/sovereignty/tribal-prosecutor-2/

http://nhbpi.com/wp-content/uploads/2013/04/Young-Child-Wellness-Council.pdf

http://www.battlecreekenquirer.com/story/news/local/2016/05/05/tribe-now-can-prosecute-non-natives-domestic-violence/83554052/

http://indiancountrytodaymedianetwork.com/2015/01/20/nhbp-tribal-council-swears-4-judiciary-seats-158775

http://indiancountrytodaymedianetwork.com/tags/nancy-bogren

http://www.robotywysokosciowe.lublin.pro/attorney-general-v-carter.html

http://www.fedbar.org/Image-Library/Sections-and-Divisions/Indian/Newsletter/Fall-2010.aspx

http://hastingsbanner.com/terpening-denied-extra-athome-parental-p2934-87.htm

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U.P. Breaking News Exclusive on violation of U.S. Clean Water Act: Marquette sailor charged in federal pollution investigation involving oil slicks on Lake Huron

Marquette man accused in federal Clean Water Act indictment of polluting Lake Huron while chief engineer aboard one of Great Lakes biggest Tugboats “Victory” – arraigned today after USCG Probe

Main Graphic for story

By Greg Peterson
News Director, Owner
Upper Peninsula Breaking News

(Marquette, MI) – A Marquette man, who served as chief engineer aboard one of the Great Lakes most powerful tugboats, was arranged on a federal indictment today on charges he knowingly violated the Clean Water Act after allegedly creating at least two oil slicks by dumping oily water from the bilge into Lake Huron, Upper Peninsula Breaking News has learned.

Jeffrey WPatrick facebook 137 year-old Jeffrey W. Patrick of Marquette, the licensed chief engineer on the tugboat Victory between June 24 and July 22, 2014, was arraigned in federal court at Bay City, MI before U.S. Magistrate Judge Patricia T. Morris.

Patrick allegedly caused oil slicks over a six-week period from the middle of May to June 30, 2014 on Lake Huron, according to a felony indictment returned on Wednesday (May 25, 2016) by a federal grand jury sitting in Bay City.

Patrick federal complaint charges 3Charges against Patrick were outlined in a nine-page federal criminal complaint made by USCG Special Agent of the Coast Guard Investigative Services (CGIS) Christopher Whitmarsh while requesting an arrest warrant on March 23, 2016 before U.S. Magistrate Judge Morris at the U.S. District Court for the Eastern District of Michigan in Bay City. Patrick is accused of the “discharge of oil in Lake Huron causing a film or sheen upon the water,” according to federal court records.

In fact, a USCG probe revealed that Patrick warned subordinates not to talk about his alleged criminal activity by replacing a broken oil collection system for the bilge with a faulty bypass that poured oil into Lake Huron. Chief Engineer Patrick allegedly warned the crew member “not to say anything to the Coast Guard” – even as the USCG was raiding the tugboat.

Photo of Tugboat Victory by Scott Best

Photo of Tugboat Victory by Scott Best

Patrick allegedly “knowingly discharged and caused the discharge of oil into Lake Huron, a navigable water of the United States, in such quantities that cause a film or sheen upon the water,” stated Whitmarsh in the criminal complaint in explaining “probable cause” to have Patrick arrested. Charged with violating the U.S. Clean Water Act “by knowingly discharging of causing the discharge of oil into or upon the navigable waters of the United States in such quantities that the discharge caused a film or sheen upon the surface of the water.”

“A harmful quantity of oil is defined to include any amount which causes a visible sheen on the water,” the federal complaint states. Photographs taken by a Victory tugboat crew member “show a type of by-pass system which could be used to illegally discharge oily waste water overboard,” the criminal complaint states adding the photos show “the bypass equipment while it was set up an in use on the Victory.”

Photo of Tugboat Victory by Ken Bailey

Photo of Tugboat Victory by Ken Bailey

Victory is a 498 gross ton towing vessel registered in the U.S. – aka a tugboat. The UTV Victory operates with the U.S. registered barge James L. Kuber. In criminal complaints, the USCG identifies the tugboat as the “Uninspected Towing Vessel (UTV)” Victory. In the engine department, the Victory has a licensed chief engineer assisted by a first assistant engineer,” a felony criminal complaint explained. “They are assisted by other crew members.”

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A chief engineer “would be able to recognize that the by-pass system photographed by the crew member and seized by the (USCG) boarding team was not ordinarily present in the engine room,” the complain states. “A chief engineer would also understand that the function of the equipment as it was configured on the UTV Victory was to by-pass the OWS and it would result in contaminated oil being discharged into Lake Huron and elsewhere in the Great Lakes.”

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“Since at least 2011, the UTV Victory has been engaged in international commercial maritime operations in the waters of the Great Lakes, including the transportation of cargo to U.S. Ports,” the complaint explains.

“On towing vessels such as the UTV Victory, bilge waste accumulates in bilge wells in the lowest part of the vessel,” the complaint states. “Bilge waste consists of water originating from spills and leaks from piping, tanks and from precipitation and waves.”

The bilge “waste becomes contaminated with oil, oil residue, lubrication fluids, and other liquids that leak or drip from engines or pipes and hoses that run throughout the ship,” according to the criminal complaint. To maintain safe levels, bilge holding tanks and wells “must be emptied periodically” that can be done two ways – discharged ashore to a waste reception facility or “pumped over the side of the ship after being processed through a properly functioning oily water separator (OWS).”

The chief engineer reports to the “master of the vessel (captain)” and the duties include the “overall operations of the engine department.” The chief engineer’s duties also include “supervising daily operations formulating and implementing engine department procedures; verifying that engine department systems, including the OWS system, are functioning properly; and ensuring that oily and other harmful or hazardous wastes are properly retained on board until disposed of properly,” the complaint states.

USCG Special Agent of the Coast Guard Investigative Services (CGIS) Christopher Whitmarsh was notified by USCG Sector Sault Ste. Marie, MI “that an engine room crew member of the UTV Victory had reported to the USCG that unlawful discharges of oil waste had been made into Lake Huron by the Victory” while the vessel was northbound in Lake Huron near Presque Isle, MI. On June 30, 2014, a “USCG helicopter conducted an overflight of the area on Lake Huron, where the oily waste had reportedly occurred” and over the vessel “with no indication of oil product immediately around the vessel.”

“However, upon inspection of the Victory’s track line or wake, two sheens were observed on the waters of Lake Huron” by USCG helicopter personnel in U.S. waters.

Oil Slick“The first sheen was located approximately 38 nautical miles east of Cheboygan, MI, having an estimated size of 20 feet by 600 feet,” the complaint alleges. “The second sheen was located approximately 5 nautical miles east of Alpena, MI, having an estimated size of 50 feet by 50 feet.”

The USCG helicopter notified USCG CGIS Special Agent Whitmarsh about the sheens, so the USCG conducted an immediate inspection of the tugboat. “USCG personnel conducted a Port State Control Inspection of the Victory in Hay Lake on the St. Mary’s River,” Agent Whitmarsh stated in the criminal complaint.

A Victory crew member told USCG personnel “that a garden hose and large blue bucket or canister, equipped with an in-line valve, was used to transfer oily waste from the OWS to the cofferdams located under the vessel’s propulsion shafts,” the federal criminal complaint states. The crew member told the USCG that, as a result, the tugboat’s cofferdams were “contaminated with the oily waste” when they “were emptied into Lake Huron.”

Jeffrey Patrick Indictment pixs 1“USCG inspectors and investigators” were given important information and a demonstration by the engine room worker including the storage location of “equipment used to transfer oily waste from the OSW to the cofferdams.” Agent Whitmarsh and other USCG officials got a better understanding about what happened when that same cooperating crew member put on a demonstration and “configured the equipment” to show the feds how the alleged crime occurred.

The demonstration showed “how the oily waste was transferred from the OSW into the by-pass system and ultimately discharged overboard,” Whitmarsh stated in the criminal complaint. The USCG seized that by-pass equipment.

That crew member, who is not identified in federal documents, met on July 1, 2014 with Agent Whitmarsh to be formally interviewed in the criminal investigation that uncovered numerous alleged events in which oil slicks were released from the tugboat. On “multiple occasions between mid-May and June 30, 2014” the crew member reported “seeing the equipment setup on the Victory(tugboat) to transfer oily waste from the OWS to the cofferdam.”

Chief Engineer Patrick was “looking at the OWS by-pass system setup and the oily water in the cofferdams in the week before the boarding” raid by the USCG on June 30, the crew member told Special Agent Whitmarsh. “The water in the cofferdams appeared to contain a sheen and oil droplets,” the crew member is quoted as saying the the federal criminal complaint.

Freeze from video by Jeff Thoreson youtube Tugboat Victory, and her barge James L. Kuber inbound Erie

Freeze from video by Jeff Thoreson youtube Tugboat Victory, and her barge James L. Kuber inbound Erie

The tug’s first assistant engineer, who was not identified in the criminal complaint and Patrick’s “immediate subordinate,” was allegedly witnessed “manually pumping overboard oily water from the cofferdams in June of 2014,” according to the crew member’s witness statement. The first assistant engineer allegedly told the crew member “that the OWS was not working properly.”

The first assistant engineer “explained that the crew had been decanting the bilge through a blue canister and absorbent diapers, and then discharging the remnant through the clean water cofferdams,” the criminal complaints quotes the crew member as saying.

“The crew member reported that this by-pass system was used to discharge oily waste from the Victory because the OWS was not working properly,” the complaint states.
The criminal complaint alleges there was a plan to cover up the origin of the oil slicks if the USCG ever raided the tug.

If the USCG ever boarded the tugboat for an inspection, first assistant engineer allegedly told the crew member “to turnoff the OWS and disassemble the canister and hoses of the by-pass system. Even as the USCG agents boarded the tug, Chief Engineer Jeffery Patrick allegedly warned the crew member “not to say anything to the Coast Guard.”

Related links:

Defense attorneys:

Alan A. Crawford

The Law Offices of Alan A. Crawford

Saginaw MI

http://www.acrawfordlaw.com

989-355-1717 (office)

989-352-3141 (fax)

alan@acrawfordlaw.com

Karl Numinen

Numinen, DeForge & Mathieu, PC

Marquette, MI

http://numinenlaw.com
(906) 226−2580 (office)

(906) 226−2248 (fax)

karl@numinenlaw.com

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Federal Prosecutors:

The U.S. Attorney’s Office for the Eastern District of Michigan serves the 6.5 million people living in the eastern half of Michigan’s lower peninsula – with a branch office in Bay City

Barbara L. McQuade is United States Attorney for the Eastern District of Michigan

https://www.justice.gov/usao-edmi/meet-us-attorney

https://www.justice.gov/usao-edmi

https://www.justice.gov/usao-edmi/branch-offices

U.S. Attorney Offices

101 First Street, Suite 200

Bay City, MI

48708

Barbara L. McQuade

United States Attorney for the Eastern District of Michigan

barbara.mcquade@usdoj.gov

Asst. U.S. Attorney Janet L. Parker

989-895-5712

janet.parker2@usdoj.gov

Asst. U.S. Attorney Craie F. Wininger

(810) 766-5177

(989) 766-5427 (fax)

craig.wininger@usdoj.gov

U.S. Magistrate Judge Patricia T. Morris

U.S. Attorney for the Western District Michigan logo

Asst. U.S. Attorney Paul Lochner, Western District of Michigan

(906) 226-2500

paul.lochner@usdoj.gov

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Tugboat/barge owner/operator:

Grand River Navigation ships

Rand Logistics own the two self-unloading tug barges, Lewis J. Kuber and James L. Kuber

The vessels are operated by Grand River Navigation

Rand Logistics, Inc. Corporate Communications:

Annemarie Dobler

(212) 863-9429

apdobler@randlogisticsinc.com

http://www.randlogisticsinc.com

http://www.grnavigation.com

http://www.grnavigation.com/james-kuber.html

http://gcaptain.com/forum/professional-mariner-forum/8868-grand-river-navigation.html

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Oily Water Separator (OWS)

Wikipedia:

https://en.wikipedia.org/wiki/Oily_water_separator_%28marine%29

https://en.wikipedia.org/wiki/Oil%E2%80%93water_separator

http://www.marineinsight.com/tech/ows/how-to-operate-an-oily-water-separator-ows-on-ship/

http://www.marineinsight.com/tech/ows/oily-water-separator-construction-and-working

The purpose of shipboard oily water separator (OWS) is to separate oil and other contaminants that could be harmful for the oceans. They are most commonly found on board ships where they are used to separate oil from oily waste water such as bilge water before the waste water is discharged into the environment. These discharges of waste water must comply with the requirements laid out in Marpol 73/78.

Bilge water is a near-unavoidable product of shipboard operations. Oil leaks from running machinery, such as diesel generators, air compressors, and the main propulsion engine. Modern OWSs have alarms and automatic closure devices which are activated when the oil storage capacity of the oil water separator has been reached.

Creative commons photo of a Oily Water Separator (OWS) on a ship by Conklinj via wikipedia

https://en.wikipedia.org/wiki/Oily_water_separator_%28marine%29#/media/File:Engine_Room_%28Shipboard%29.JPG

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U.S. Clean Water Act of 1972/ Oil Pollution Act of 1990

The Clean Water Act was passed in 1972 to protect fish and wildlife by ensuring water quality

http://www.americanrivers.org/initiatives/pollution/clean-water-act/

http://www.nwf.org/What-We-Do/Protect-Habitat/Waters/Clean-Water-Act.aspx

http://www.boem.gov/Environmental-Stewardship/Environmental-Assessment/CWA/index.aspx

http://www.pbs.org/now/science/cleanwater.html

Considering the Clean Water Act Conference Report convened by Duke University, the Water Environment Federation and the Johnson Foundation at Wingspread (2009).

The Clean Water Act: A Blueprint for Reform, Center for Progressive Reform (2008)

http://www.waterencyclopedia.com/Ce-Cr/Clean-Water-Act.html

https://www3.epa.gov/npdes/pubs/cwatxt.txt

The Clean Water Act was amended by the Oil Pollution Act of 1990 following the devastation of the Exxon Valdez oil spill in Alaska.

https://www.epa.gov/laws-regulations/summary-clean-water-act

https://www.epa.gov/laws-regulations/history-clean-water-act

History of the Clean Water Act

EPA History: Clean Water Act: documents and other resources

http://www.epw.senate.gov/water.pdf

https://www.gpo.gov/fdsys/pkg/STATUTE-86/pdf/STATUTE-86-Pg816.pdf

https://www.fws.gov/laws/lawsdigest/FWATRPO.HTML

http://www.marinedefenders.com/commercial/key.php

Charges involve alleged violating the U.S. Clean Water Act “by knowingly discharging of causing the discharge of oil into or upon the navigable waters of the United States in such quantities that the discharge caused a film or sheen upon the surface of the water.”

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USCG Investugative Service logoU.S. Coast Guard Coast Guard Investigative Service

http://www.uscg.mil/hq/cg2/cgis/personnel.asp

Special Agent of the Coast Guard Investigative Services (CGIS) Christopher Whitmarsh

http://www.winston.com/images/content/1/2/120.pdf

Judge imposes 15-month sentence on Filipino seaman whose fake fall triggered 40-hour search | AL.com

http://blog.al.com/live/2013/04/judge_imposes_15-month_sentenc_1.html

Tampa drug trial first test of federal semisub law | TBO.com

http://www.tbo.com/news/tampa-drug-trial-first-test-of-federal-semisub-law-87768

Report Fraud, Waste and Abuse in programs, grants, and contracts:

Department of Homeland Security

Office of the Inspector General

Office of Investigation

Attention: Hotline

245 Murray Dr. – Bldg. 410 – Stop 2600

Washington, DC 20528

(202) 254-4295 (fax)

dhsoighotline@dhs.gov

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The U.S. Coast Guard

http://www.uscg.mil

Ninth U.S. Coast Guard District

http://www.uscg.mil/d9/units.asp

U.S. Coast Guard Great Lakes

D9PublicAffairs@gmail.com

(216) 902-6020 (office)

(216) 310-2608 (cell)

Coast Guard Sector Sault Ste. Marie, MI

Coast Guard Station Alpena 25-foot response boat

Coast Guard Station St. Ignace, MI 45-foot response boat

Coast Guard Air Station Traverse City, MI Dolphin helicopter

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Lake Huron and Michigan at risk of major oil spills: Over 700 miles of shoreline in lakes Huron and Michigan are potentially vulnerable to oil spills if the pipeline beneath the Straits of Mackinac ruptures, according to a new University of Michigan computer-modeling study released in March 2016.

http://ns.umich.edu/new/multimedia/videos/23638-more-than-700-miles-of-great-lakes-shoreline-potentially-vulnerable-to-straits-of-mackinac-oil-spills

http://www.lakescientist.com/great-lakes-oil-spill-simulations

Lake Huron Oil Spill: Crews Secure Fuel On Sunken Barge Off Michigan Coast on Jul 20, 2012 by Casey Coates Danson

http://www.globalpossibilities.org/lake-huron-oil-spill-crews-secure-fuel-on-sunken-barge-off-michigan-coast

http://www.watershedcouncil.org/lake-huron.html

http://www.watershedcouncil.org/uploads/7/2/5/1/7251350/duncangrassbays_shoresurveyreport2013_webversion.pdf

https://www.uscg.mil/d9/cgcMackinaw/docs/CGCMackinawUnitInfoSheet.pdhttp://www.uscgnews.com/go/doc/4007/2588854/U-S-Coast-Guard-Alpena-Sheriff-s-Department-good-Samaritan-rescue-2-aboard-flooding-42-foot-sailboat-in-Lake-Huron

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Tugboat Victory info is on R.C. Groups, a hobby website, thanks to username Tregurtha1013 – who says he’s been on the Victory since 2008 when she was paired with the James L. Kuber and worked on the Steamer Reserve since 2006 thru her conversion into the James L. Kuber barge and is a Great Lakes sailor from Clinton Township, MI, who builds exact models of Great Lakes ships

http://www.rcgroups.com/forums/showthread.php?t=1337980

Photos of tugboat Victory by Scott Best and Ken Bailey

Freeze frames from video by Jeff Thoreson youtube video of the tugboat Victory, Kuber inbound Erie

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Upper Peninsula Breaking News

Greg Peterson

News Director, Owner

Upper Peninsula Breaking News

UpperPeninsulaBreakingNews@gmail.com

906-204-2249 (hm)

906-204-0848 (cell)

www.UPBreakingNews.com

https://twitter.com/UPBreakingNews

https://www.facebook.com/UpperPeninsulaBreakingNews

https://www.youtube.com/UPBreakingNews

Upper Peninsula of Michigan Meth Raid: Ishpeming Police, UPSET continue Meth Lab Crackdown in upstairs apartment at 213 E. Euclid St.

Exclusive Video on ABC 10 and CW 5 of Meth Suspect being arraigned
The man, who said he is paying child support for 5 other children, begs for his girlfriend to be released

Ishpeming Meth Bust E. Euclid St. 10.29 (24)

Ishpeming couple arraigned; One says he’d plead guilty to murder and accept 20 years in prison for meth – if they release his girlfriend and return her daughter
http://abc10up.com/meth-lab-suspects-arraigned

ISHPEMING — Two Ishpeming residents are facing felony meth charges after their arraignment in connection with last night’s meth bust.

In Ishpeming District Court, 37–year–old Thomas Damien Swick pleaded not guilty to two counts of maintaining a drug lab. His girlfriend, 26–year–old Tiffany Lauren Rushton, pleaded not guilty to one count of that same offense.

The Ishpeming Police and the Upper Peninsula Substance Enforcement Team raided the couple’s upstairs apartment at 213 East Euclid Street last night. The police agencies say they confiscated methamphetamine components.

“When the UPSET Team was about to leave (Wed. night), we were wrapping up the warrant, when the two people living in the apartment had actually come to the apartment,” said Ishpeming Police Chief Dan Willey, adding both suspects were then arrested “after interviewing them.”

“I don’t care, I’ll plead guilty to murder – I’ll plead guilty to murder just to get her (girlfriend and co–defendant Tiffany Rushton),” said meth lab suspect 37–year–old Thomas Damien Swick of Ishpeming to the district court judge during arraignment.

“She (Rushton) should not be in here (jail),” Swick said. “And her daughter should never be taken from her mother.”

Officials placed Rushton’s 4–year–old child with relatives.

The charges carry a maximum of 20 years in prison. The pair remain jailed on a $2,500 bond.

Ishpeming Meth Bust E. Euclid St. 10.29 (23)

Ishpeming Meth Bust on E. Euclid Street

Ishpeming Meth Bust E. Euclid St. 10.29 (4)

http://youtu.be/8bpP2Lq4G7g

Ishpeming Meth Bust E. Euclid St. 10.29 (11)

http://abc10up.com/meth-lab-discovered-in-ishpeming
www.abc10up.com

Ishpeming Meth Bust on E. Euclid Wednesday night

by Greg Peterson, News Director at WBUP/WBKP TV Ishpeming/Marquette and at Upper Penisual Breaking News
906-204-2549 (hm/office)
906-204-2436 (wk TV)
greg@abc10up.com
UpperPeninsulaBreakingNews@gmail.com

(Ishpeming, Michigan) – Drug agents raided another meth lab on Wednesday night (Oct. 29, 2014) in the city of Ishpeming.

The raid happened just after 7 p.m. in the upstairs apartment at 213 E. Euclid Street.
Police are looking to question a couple – with a child – that was thought to live in the apartment, just a few blocks from four other recent meth busts.

“The investigation will continue,” Ishpeming Police Chief Dan Willey said. “There was nobody home at the time we hit the house.”

“Are you looking for someone?” asked ABC10/CW5 News Director Greg Peterson.

“We were given information that meth may be cooked at this location and I was able to gather enough information to get a search warrant for it,” said Willey.

Peterson asked Chief Willey, “Did I see pop bottles like we usually see?”

“Pop Bottles with residue and some of those I guess are gas generators and they did find a ‘one pot’ in the house,” Willey said. “They (UPSET) are still taking things out. Around the back of the house I saw some things that looked suspicious.”

The Upper Peninsula Substance Enforcement Team (U.P.S.E.T.) and police were assisted on the scene by the Ishpeming Fire Department and the Marquette County Rescue 131.

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Major Announcement Pending by Upper Peninsula Breaking News: Plus Our criminal probe continues into the Looting of the Estate of the U.P. Coca-Cola King the late Gordon Elson, who died this year and an estimated $30 million was looted – while Mr. Elson’s suspicious will leaves pennies to a few people – compared to his real worth – Calling attorneys Richard Graybill and Daniel Mead – please call us – even off the record

Upper Peninsula LogoOn Monday, Upper Peninsula Breaking News will make what we consider a huge announcement.

In addition, major developments in two ongoing investigations.

I have not written much in the past 2 weeks because we (U.P. Breaking news) were in negotiations – and have been following major leads in the “The Looting of the Upper Peninsula Coca-Cola King” – whose estate is missing millions and millions of dollars – plus missing luxury cars and more.

We are conducting a criminal investigation into the Looting of the late Upper Peninsula Coca-Cola King Gordon Elson – a kind, generous lovable man – who has been ripped off by attorneys, trustees, and a whole list of terrible things including the kidnapping of Gordon Elson.

Mr. Elson was held literally hostage in Florida by Marquette Businessman Bill Pesola and maybe others. Now those who accused Pesola have apparently done what Pesola did.

You see in this cast of characters – on one end its definitely incompetence – but the evidence indicates its major criminal conduct.

Graybill Office #1We keep begging attorneys Richard M. Graybill and Daniel D. Mead to please talk to us – even off the record – but at this point it seems like they have circled the wagons. I would appreciate you calling me – at the very least – please call Greg Peterson 906-204-2549.

We are investigating those attorneys – and much more.

And we are investigating the Elson estate trustee George Paavo of Negaunee, MI – about where did the $30 million go – and then there is questionable and very suspect Gordon Elson last will and testament.

We think there may have been previous Elson wills. We will explain in upcoming sensitive stories. None of our sources – believes Mr. Elson would have forgotten his alma-mater – and bequeath millions to his beloved Finlandia University. The University is not part of the will – but should be.

If you know of criminal activity involving the estate of Gordon Elson – or if you got lots of money from the Elson estate  – suggest you be the first in line asking for plea agreements etc.

Stories so far:

Eve of the Secret Estate Sale of Upper Peninsula Coca-Cola King Gordon Elson

https://upperpeninsulabreakingnews.wordpress.com/2014/07/15/where-is-the-rolls-royce

Where is the Rolls Royce? Did Late Marquette Businessman William Pesola betray Gordon Elson? Will Those listed in the Elson Will get their inheritance? – The Scandal is growing Tonight Surrounding the Fortune and Estate of U.P. Coke King Gordon Elson

http://wp.me/p4Nc4F-28

Upper Peninsula Coke Fortune Scandal: The effort to conceal information continued this weekend at an estate sale for multimillionaire U.P. Bottling King Gordon Elson

http://wp.me/p4Nc4F-1K

The Players Part 1: U. P. Coke Fortune Executor George Paavo of Ishpeming and ‘court-appointed’ estate sale helper Ed St. Aubin, who accosted reporter Greg Peterson, during investigation by ‘Upper Peninsula Breaking News’

http://wp.me/p4Nc4F-1F

U.P. Coke Fortune investigation continues – as estate worker goes after reporter on eve of estate sale – during probe of Will of U.P. Coca Cola Executive the late Gordon Elson of Ishpeming, MI

http://wp.me/p4Nc4F-Z

From paper industry giants and insurance companies blaming each other for polluting famous rivers in two states – to the battle over what companies must pay billions of dollars in cleanup expenses – and even the discovery of five historic shipwrecks – the latest on the federal lawsuits and cleanup of the Kalamazoo River Superfund Site in Michigan and a judge takes steps to approve federal consent decrees in Fox River Superfund Site near Green Bay, Wisconsin

From paper industry giants and insurance companies blaming each other for polluting famous rivers in two states – to the battle over what companies must pay billions of dollars in cleanup expenses – and even the discovery of five historic shipwrecks

A trial date just set in federal lawsuits and cleanup of the Kalamazoo River Superfund Site in Michigan

A federal judge takes steps to approve federal consent decrees in Fox River Superfund Site near Green Bay, Wisconsin by ordering $54 million set aside by those companies and governments responsible for the clean up

By Greg Peterson/Upper Peninsula Breaking News

UpperPeninsulaBreakingNews@gmail.com

(Kalamazoo, Michigan – Green Bay, Wisconsin) – Major developments today on a pair of Superfund clean up sites in two states involving major rivers that feed Lake Michigan.

A federal judge in Grand Rapids has just pushed back a trial date in a lawsuit involving paper industry giants battling over the costs of cleaning up the Kalamazoo River Superfund Site -. Meanwhile, a federal judge in Milwaukee appears close to approving a consent decree between paper industry corporations and governments to set costs for those involved in the Fox River Superfund Site.

On August 13, 2014, United States District Judge Robert J. Jonker in Grand Rapids set a September 22, 2015 trial date for phase II of the four-year lawsuit against NRC Corporation and International Paper Company by Plaintiffs Georgia-Pacific Consumer Products LP, Fort James Corporation, and Georgia-Pacific, LLC.

Judge Jonker ordered settlement conferences on April 15, 2015 and August 13, 2015 in Grand Rapids before Magistrate Judge Hugh W. Brenneman, Jr.

On September 26, 2013, federal Judge Jonker ordered that Defendants NCR Corporation and International Paper Company are liable parties that must pay for cleanup costs – however  many other litigation issues remain involving the costs.

Paper Industry Giants continue fighting each other in United States federal courts – for millions of dollars in connection with the cleanup of the Kalamazoo River Superfund Site – and about a billion dollars for cleaning up the Fox River Superfund Site.

There are several proposed federal consent decrees (March 2014) in the Fox River Superfund Site – that are expected to approved by a federal judge.

Fox River Superfund Site: $54 million in PCBs damage monies set aside as federal judge poised to approved consent decree: Governments and paper-related companies to admit their PCBs seriously hurt two American Indian nations in Wisconsin; pay cleanup costs

An “intergovernmental Memoranda of Agreement” has been reached by “parties” involved including the United States, the state of Wisconsin and the two tribes.

The federal consent decree forces the companies and governments involved to admit that two Native American tribes “have been injured by the PCB contamination,”according to the proposed decree obtained by Upper Peninsula Breaking News.

The tribal lands contaminated by PCBs are owned by the Oneida Tribe of Indians of Wisconsin (OTIW) and the Menominee Indian Tribe of Wisconsin (MITW).

Those who are part of the proposed decree are admitting that tribal lands were seriously damaged by the PCBs.

OTIW, MITW are the “tribal trustees for natural resources at and near that (Fox River Superfund) Site that have been injured by the PCB contamination,” the proposed decree states.

An “intergovernmental Memoranda of Agreement” has been reached by “parties” involved including the United States, the state of Wisconsin and the two tribes, according to the proposed decree.

“The United States, the State, and the Tribes are co-signatories to the proposed Consent Decrees,” the proposed decree states.

Federal Judge William C. Griesbach has ordered those involved in the consent decrees to put over $54 million dollars on deposit for when the decree is finalized:

  • $1,350,000 by Kimberly Clark
  • $5,200,000 by the City of Appleton
  • $3,000,000 by CBC Coating, Inc.
  • $13,700,000 by Menasha Corporation
  • $5,200,000 by the Neenah-Menasha Sewerage Commission
  • $14,700,000 by U.S. Paper Mills Corporation
  • $12,200,000 by WTM I Company
  • $100,000 by the State of Wisconsin

Meanwhile – the EPA in July 2014 filed its “Five-Year Review Report” on the status of the cleanup of the the Fox River Superfund Site.

The first proposed Federal Consent Decree is with the City of Appleton, CBC Coating Inc., Menasha Corporation, the Neenah-Menasha Sewerage Commission, U.S. Paper Mills Corporation, and WTM I Company.

Those six Settling Defendants would pay a total of $54 million toward the response costs and natural resource damages associated with the Fox River Superfund Site.

Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the companies realize they will be held responsible for cleanup.

The State of Wisconsin would pay an additional $100,000 to resolve its own potential CERCLA liability, as alleged in certain counterclaims asserted by some of the defendants in this case.

The second proposed Consent Decree is with Settling Defendant Kimberly-Clark Corporation.

Kimberly-Clark would pay the United States and the State a total of $1,350,000 under this de minimis settlement pursuant to CERCLA.

The third proposed Consent Decree is with Settling Defendant NewPage Wisconsin System Inc.

NewPage filed a petition for relief under Chapter 11 of the Bankruptcy Code in 2011.

As referenced in the proposed Consent Decree with NewPage, certain governmental claims against NewPage for the Fox River Site are potentially eligible for payment from a specially-established Fox River Reserve that is being administered by Liquidation Trust formed and governed in accordance with NewPage’s court-approved Reorganization Plan in its bankruptcy case.

The proposed Consent Decree with NewPage would grant the United States and the State allowed general unsecured claims for a total of $1,157,254 that would be paid as allowed claims by the Litigation Trust.

Because such claims are paid on a deeply-discounted basis under NewPage’s Reorganization Plan, the actual distributions that the

United States and the State will receive on those allowed claims may be as little as $50,000.

Kalamazoo River Superfund Site Lawsuit #10Plaintiffs Georgia-Pacific Consumer Products LP, Fort James Corporation, and Georgia-Pacific LLC – brought the multimillion dollar civil action against the other paper industry giants under the famous Superfund – that is used to clean up industrial sites after international corporations leave behind an environmental mess.

Called Superfund – officially its under the federal Comprehensive Environmental Response, Compensation, and Liability Act.

The suit states “the case is about allocating responsibility for contamination of the Allied Paper Inc./Portage Creek/Kalamazoo River Superfund Site – aka Kalamazoo River Superfund Site” or “the Site” in southwestern Michigan.”

Kalamazoo River Superfund EPA Photo of River
Photo of Portage Creek – Kalamazoo River in Michigan by USEPA

Right now, Georgia-Pacific wants others to split the costs – $79 million or more.

A request basically approved by a judge – but more issues remain.

The paper companies identify the culprit as Aroclor 1242 – the cancer causing PCB left over from making Carbonless Copy Paper (CCP) using a process called “broke and trim.”

Contamination from the PCB-laden “broke and trim” has made large segments of the Kalamazoo River an “NCR river,” with NCR CCP being the source of the PCB-contaminated sediments that require remediation at the Kalamazoo River Superfund Sit, the suit states.

The plaintiffs (Georgia-Pacific) argue that the Kalamazoo River would not have been listed as a Federal Superfund site if “not for NCR’s use of PCBs in its CCP; and for the contamination of the Kalamazoo River by PCB Aroclor 1242 attributable to NCR broke and trim.

The lawsuit was filed on December 3, 2010 in two districts due to the wide range of issues and another Superfund site – the Fox River Superfund Site in Green Bay, Wisconsin.

Due to various legal connections with the Fox River Superfund Site, the cases were filed in the United States District Court For The Western District of Michigan, Southern Division and the United States District Court For The Eastern District Of Wisconsin Green Bay Division.

The following fascinating 2014 update on the Fox River Superfund Site from the EPA includes historic shipwrecks and progress paper companies are making in the cleanup:

“In a May 1, 2013, federal court ruling, U.S. District Judge William Griesbach required seven companies that EPA considers responsible for the PCB contamination to continue and complete the required cleanup work.
Three legal agreements for settlements totaling about $55 million were lodged in federal court on March 26, 2014.
If a judge approves these agreements, or consent decrees, this would resolve claims against six companies and two municipal sewer system operators for cleanup costs and natural resource damages in the Lower Fox River.
In April, the remaining portions of five historical ships were pulled out of the Lower Fox River just north of the southern “railroad bridge” in Green Bay.
This work was done under a legal agreement signed by EPA, Wisconsin Department of Natural Resources, the state historic preservation officer, Green Bay’s Neville Museum, and NCR Corp.’s contractor.
The ships, two of which date back to the 1880s, were discovered in 2008 by archaeologists hired to document artifacts found in the river from Appleton to Green Bay.
With the help of Wisconsin historians, nautical organizations and maritime museums, two were identified as the Bob Teed and the Satisfaction.
Little information is available on the three other wooden barges near the shoreline by the State Street sediment processing facility.
Six years ago, the archaeologists were charged with making recommendations on how to handle the ships, also referred to as artifacts, so the cleanup could proceed on schedule.
Because these sunken vessels are considered to be cultural resources, they must be ‘replaced’ if they are removed.
The paper companies have agreed to build a display for The Neville Public Museum of Brown County to ‘replace’ these resources.
The display is expected to be ready next year.”

The Kalamazoo Superfund Site is contaminated with PCBs – “Polychlorinated Biphenyls” – caused in the production of Carbonless Copy Paper (CCP).

PCBs are a hazardous substance and often connected to human carcinogen and kills wildlife.

The primary PCB contaminant at the Kalamazoo River Superfund Site is known as Aroclor 1242.

From 1954 through 1971, PCBs were released into the Kalamazoo River and connected Portage Creek (flows directly into the Kalamazoo River) partly through the past discharge, release, and disposal of PCB-contaminated solids and paper residuals by paper de-inking and recycling companies.

Georgia-Pacific/Fort James River Corp. wants the other paper giants (NCR Corporation and International Paper Co.) to pay their fair portion of past and future cleanup costs associated with the Kalamazoo River Superfund Site.

U.S. Justice Department photo of pollution on the Fox River

U.S. Justice Department photo of pollution on the Fox River

The fight between these wealthy paper-related behemoths arises from many of the same activities by the NCR Corporation and International Paper Co. – that are at issue in the case of Appleton Papers, Inc. and NCR Corporation v. George A. Whiting Paper Company (No. 08-CV-00016-WCG).

That suit brought by NCR Corporation (NCR) and others for costs associated with the investigation and remediation of the PCB contamination in the Fox River area.

In fact, last month (July 2014) the EPA released a “Five Year Review Report” on the Fox River Superfund Site cleanup plans.

On March 26, 2014, the EPA entered into “three Proposed Consent Decrees” – agreements between the EPA and several of the paper companies that polluted the Fox River:

The defendants made arrangements with brokers that ultimately resulted in the release of PCBs into the Kalamazoo River, the lawsuits claim.

Georgia-Pacific filed the lawsuit to establish the liability of Defendants and determine their equitable costs of cleaning up the Kalamazoo River Superfund Site, the suit states.

Georgia-Pacific wants to require the defendants to pay their fair portion of past and future cleanup costs associated with the Kalamazoo River Superfund Site.

The suit was also filed due to “claims in this action arise from many of the same activities by the Defendants which are at issue in the case of Appleton Papers, Inc. and NCR Corporation v. George A. Whiting Paper Company for costs associated with the investigation and remediation of the PCB contamination in Fox River” in Green Bay, the suit states

“And because the defendants made arrangements in this District with brokers that ultimately resulted in the release of PCBs into the Kalamazoo River.”

Georgia-Pacific is the corporate successor to Kalamazoo-area facilities that deinked and recycled PCB-containing NCR broke and trim.

Georgia-Pacific has paid in excess of $79 million to investigate and remediate the Kalamazoo River Superfund Site, the company states.

NCR invented the PCB-containing Carbonless Copy Paper (CCP) that has caused the PCB contamination of the Kalamazoo River Superfund Site, Georgia-Pacific alleges.

Plus GP alleges that NCR arranged for the disposal of PCB-laden waste from its own CCP converting operations.

Georgia-Pacific claims NCR arranged for the disposal of PCB-laden broke and trim from its contract coaters.

Contract coaters” are the companies that used NCR’s coating (using NCR’s specifications) using an NCR emulsion.

NCR is also the corporate successor to at least two coaters — the Wisconsin-based Appleton

Coated Paper Company (ACPC), and Combined Paper Mills, Inc. (aka Combined Locks Mill).

Those companies arranged for the disposal of PCB-laden broke and trim resulting from the coating of NCR CCP, the suit states.

Waste paper from all these activities was recycled at facilities near the Kalamazoo River, with resulting releases of PCBs into the Kalamazoo River, according to Georgia-Pacific, putting most of the blame and expense on the other paper giant (NCR).

NCR has paid nothing toward the cleanup, Georgia-Pacific states in lawsuit.

The Michigan Department of Natural Resources (MDNR) conducted studies between 1972 and 1989 that “determined that certain areas in and around the Kalamazoo

River below Morrow Dam were contaminated with PCBs,” the suit states.

The Allied Paper Inc./Portage Creek/Kalamazoo River Superfund Site was declared a Federal Superfund site by the United States Environmental Protection Agency in August 1990.

In fact, the site was placed on the Superfund National Priority List (NPL).

In 1990, the site was listed by the MDNR as an environmental contamination site under the Michigan Environmental Response Act, the suit states.

EPA identified Georgia-Pacific as a “potentially responsible party” (“PRP”) at the Kalamazoo River Superfund Site.

Georgia-Pacific is now the only remaining PRP left at the Site to provide ongoing funding to investigate and remediate the PCB contamination of the Kalamazoo River, due to the bankruptcies of other PRPs at the Kalamazoo River Superfund Site, the suit states.

Only one other company is currently involved in remedial activity at the Kalamazoo.

Weyerhaeuser Company is funding measures to remediate a landfill it owned, and to investigate and remediate a former paper mill it owned, the suit claims.

PCBs were introduced to Portage Creek and the Kalamazoo River largely through past discharges, releases, and disposal of PCB-contaminated solids and paper residuals by paper manufacturing operations on Portage Creek and the Kalamazoo River, the suit charges.

The Kalamazoo River Superfund Site currently includes five disposal areas, four paper mill properties, an approximately 80-mile stretch of the Kalamazoo River from Morrow Dam to Lake Michigan, and a three-mile stretch of Portage Creek, the suit states.

There are several areas that need total cleanup, the suits state:

Operable Unit 1 is the Allied Paper/Bryant Mill Pond Operable Unit

Operable Unit 2 (Willow Boulevard/A-Site Landfill)

A groundwater investigation was undertaken in the summer of 2009 at Operable Unit 2 (Willow Boulevard/A-Site Landfill),the suit states

In September 2009, a consent decree was signed between the EPA and Georgia-Pacific for design and cleanup at the Willow Boulevard/A-Site Landfill was approved by the Federal District Court.

This decree/settlement, among other things, obligates Georgia-Pacific to consolidate waste materials, construct a permanent landfill cap, and install a groundwater monitoring system.

Operable Unit 3 is the King Highway Landfill

The remedy involves the construction of a landfill cap, the seeding of the cap with vegetative growth, and the construction of a gas collection trench (under the control of the State of Michigan).

Operable Unit 4 is the Twelfth Street Landfill

In September 2001, EPA san agreement and the remedy includes excavation of PCB residuals that have migrated from the landfill and placement of those residuals back in the landfill. This work is conducted by Weyerhaeuser with oversight by EPA and MDNR.

Operable Unit 5 concerns the Portage Creek and Kalamazoo River sediments

In February 2007, EPA reached two settlement agreements with Millennium Holdings

LLC (which has since gone bankrupt) and with Georgia-Pacific.

The agreements were the result of two years of mediated negotiations between the possible responsible parties (PRPs) and various government regulators and entities, including the EPA and the State of Michigan.

Georgia-Pacific and Millennium agreed to perform sediment excavation in the Kalamazoo River near Plainwell, Michigan, the suit states.

Georgia-Pacific and Millennium agreed to conduct a Supplemental Remedial Investigation/Feasibility Study (Supplemental RI/FS) on the 80-mile stretch of the Kalamazoo River from Morrow Dam to Lake Michigan and Portage Creek from Cork Street to the confluence with the Kalamazoo River.

Georgia-Pacific’s Expenditures to Clean Up the Kalamazoo River Superfund Site:

Georgia-Pacific has spent at least $79 million dollars (as of Dec. 2010) to investigate and remediate the Kalamazoo River Superfund Site, and to investigate the liability of other potentially responsible parties, such as NCR and International Paper.

You can read the originals:

Read or download Lawsuit Filed Between Paper Giants 12-3-10

Read or download the Georgia-Pacific vs NCR financial ruling 9-26-13

Carbonless Copy Paper (CCP)

https://en.wikipedia.org/wiki/Carbonless_copy_paper

http://www.cdc.gov/niosh/docs/2001-107/

http://www.google.com/patents/US2730457

http://news.ufl.edu/archive/1997/05/scientists-test-carbonless-copy-paper-for-sickening-side-effects.html

http://www.sec.gov/Archives/edgar/data/1144326/000114432613000031/R18.htm

Kalamazoo River Superfund Site

http://www.epa.gov/region05/cleanup/kalproject/index.htm

http://www.michigan.gov/deq/0,4561,7-135-3304-84646–,00.html

https://en.wikipedia.org/wiki/Kalamazoo_Superfund_Site

http://www.fws.gov/midwest/es/ec/nrda/KalamazooRiver

http://www.kalamazoorivercleanup.org

https://www.kzooriver.com/kalamazoo

http://www.epa.gov/region5/cleanup/kalproject/images/OUmap.gif

http://www.epa.gov/region5/cleanup/kalproject/photos.htm

Photo of “Portage Creek – Kalamazoo River, Michigan” by EPA

www.michigan.gov/images/main_82481_7.jpg

“<a href=”http://commons.wikimedia.org/wiki/File:Portage_Creek_-_Kalamazoo_River,_Michigan.jpeg#mediaviewer/File:Portage_Creek_-_Kalamazoo_River,_Michigan.jpeg”>Portage Creek – Kalamazoo River, Michigan</a>” by EPA – <a rel=”nofollow” class=”external free” href=”http://www.michigan.gov/images/main_82481_7.jpg”>http://www.michigan.gov/images/main_82481_7.jpg</a&gt;. Licensed under Public domain via <a href=”//commons.wikimedia.org/wiki/”>Wikimedia Commons</a>

Check out the seeps at base of TP1, Elizabeth Copper Mine Superfund Site Vermont, USA – Important to Upper Peninsula residents because of the pollution feared by sulfide and copper mining across northern Michigan near Lake Superior

[Large version of seep photo]

U.S/ Environmental Response, Compensation, and Liability Act (CERCLA)

www.epa.gov/superfund/policy/cercla.htm

http://en.wikipedia.org/wiki/Superfund

http://www.epa.gov/agriculture/lcla.html

U.S. Damage Assessment, Remediation & Restoration Program (DARRP)

www.darrp.noaa.gov/greatlakes/kalamazoo

www.westonsolutions.com/projects/project_kalamazooriver.htm

www.terracontracting.net/Multimedia/Video/TabId/74/VideoId/6/Kalamazoo-River-Superfund-Site.aspx

Kalamazoo River Watershed Council (KRWC)

http://kalamazooriver.org/?page_id=217

The Environmental Law Reporter

http://elr.info/subject-matter-index-cases/allied-paper-portage-creek-kalamazoo-river-superfund-site-%28mich.%29/3384

http://upton.house.gov/uploadedfiles/05_13_2014_congressional_letter_to_epa_re_kalamazoo_superfund.pdf

http://caselaw.findlaw.com/us-6th-circuit/1022237.html

http://www.thefederalregister.com/d.p/2014-02-18-2014-03332

http://onlinelibrary.wiley.com/doi/10.1897/04-493R.1/abstract

www.msu.edu/user/giesy/Projects/Presentations/KZ-SS-BE-01.pdf

Fox River Superfund Site

Authorizing federal defendant deposits in consent decree Fox River Superfund Site

Authorizing federal defendant deposits in consent decree Fox River Superfund Site

EPA Five-Year Review Reports

July 2014 Five Year Review Report (PDF) (68 pp, 4.9MB)

Notice of Lodging of Three Proposed Consent Decrees (PDF) (7pp, 41K), March 26, 2014

Consent Decree With Cashout Settling Defendants and the State of Wisconsin (PDF) (59 pp, 980K), March 26, 2014

Consent Decree With Kimberly Clark (PDF) (32 pp, 541K), March 26, 2014

Consent Decree With Newpage Wisconsin Inc. (PDF) (30 pp, 617K), March 26, 2014

www.epa.gov/Region5/cleanup/foxriver

www.epa.gov/Region5/cleanup/foxriver/#updates

www.justice.gov/enrd/3643.htm

http://www.cerc.usgs.gov/orda_docs/Assets/UploadedFiles/CaseDocuments/Assessment_Documents/WI_Fox-River_AR-PCBs-Pathways_1999.pdf

United States Department of Justice aka United States Justice Department

http://www.justice.gov/enrd/3643.htm

Fox River groups, info:

https://en.wikipedia.org/wiki/Fox_River_%28Wisconsin%29

http://www.foxriverwatch.com

http://www.foxriverwatch.com/NCR_corporation.html

http://www.foxriverwatch.com/pcb_pcbs_sources_1.html

http://www.foxriverwatch.com/superfund_sediment_remediation.html

http://dnr.wi.gov/topic/greatlakes/greenbay.html

http://www.sevenson.com/index.php/project-summaries/fox-river-superfund-site/

Appvion, Inc. (formerly Appleton Papers Inc.)

http://www.appvion.com/en-us

http://www.appvion.com

https://www.linkedin.com/company/appleton

Appleton Coated

http://www.appletoncoated.com/index.php?GroupID=11

http://www.appletoncoated.com

http://www.appletoncoated.com/greenzone/index.php

Info on lawsuits:

http://www.law360.com/articles/213303/gp-wants-ncr-to-pay-for-mich-superfund-site

http://www.law360.com/companies/ncr-corporation/articles

http://www.mlive.com/news/kalamazoo/index.ssf/2013/09/hold_portage_creek_pcb_cleanup_1.html

http://michiganradio.org/post/federal-regulators-say-pcb-cleanup-kalamazoo-river-gaining-momentum

http://michiganradio.org/post/pcb-cleanup-continues-along-kalamazoo-river

http://michiganradio.org/post/kalamazoo-residents-struggle-epa-over-mount-pcb

http://michiganradio.org/post/epa-says-decision-about-kalamazoo-s-mount-pcb-will-come-summer

http://michiganradio.org/post/kalamazoo-rallies-pressure-epa-remove-hazardous-paper-mill-waste

http://www.sec.gov/Archives/edgar/data/1144326/000114432613000031/R18.htm

American College of Environmental Lawyers (ACOEL)

http://www.acoel.org/file.axd?file=2013%2F10%2FGeorgia%2BPacific%2Bv%2BNCR.pdf

http://www.ncr.com/newsroom/resources/united-states-district-court-for-the-western-district-of-michigan-issues-decision-in-phase-i-of-kalamazoo-river-case

Kalamazoo River Superfund Site:

8-22-14 Extending Time For IPC To Respond To NCR Corporation Motion

8-13-14 Reply Brief In Support of Motion To Establish Scope of Phase II Trial

8-8-14 NCR Corp’s Interrogatories to the Other Parties

8-13-14 Amended Order Revising Case Schedule And Addressing Motions

http://www.law360.com/articles/428041/liberty-mutual-fights-ncr-on-79m-superfund-site-coverage

http://www.epa.gov/region5/cleanup/foxriver/pdf/foxriver_cd_201010.pdf

Appleton Papers, Inc.

United States of America and the State of Wisconsin, Plaintiffs–Appellees, v. NCR Corporation, Defendant–Appellant No. 12–2069 August 3, 2012

http://caselaw.findlaw.com/us-7th-circuit/1608058.html

http://fox11online.com/2014/05/15/objections-filed-to-proposed-fox-river-cleanup-settlement

Lawsuit Filed Between Paper Giants 12-3-10 Georgia-Pacific vs NCR financial ruling 9-26-13

An August 2014 EPA update on the Fox River Superfund Site:

EPA has completed a status review of the site’s cleanup. This type of review is required at least every five years where the cleanup is complete–or ongoing–but hazardous waste remains managed on-site. These reviews are done to ensure that the cleanup continues to protect people and the environment.

EPA Five-Year Review Report (PDF) (68 pp, 4.9MB) July 2014

The review included:

  • An evaluation of background information
  • Cleanup requirements
  • Effectiveness of the cleanup and any anticipated future actions
  • An analysis of ways for EPA to operate more efficiently.

This was the second five-year review for the Lower Fox River site.

It details the site progress. The previous review was done in 2009.

The sixth year of dredging in the Lower Fox River from DePere to Green Bay is in progress. About 670,000 cubic yards of PCB-contaminated sediment is expected to be removed this year using at least three hydraulic dredges.

Similar to last year, dredging will take place 24 hours per day, at least five days a week through early November (except for holidays).

Another process referred to as sand capping and covering, which started in 2011, will also continue. This year, 60 acres of sediment will be capped and covered.

All dredged sediment is pumped into the State Street dewatering facility through a pipeline.

Then, the water is squeezed out by special equipment called a plate and frame press.

The remaining dried sediment is loaded onto trucks to be properly disposed of. Some sediment with higher levels of PCBs is trucked to Ridgeview Recycling and Disposal Facility in Whitelaw, near Manitowoc.

Owned by Waste Management of Wisconsin, this landfill received a permit in 2012 from the Wisconsin Department of Natural Resources to accept this type of material.

Since most of the sediment has PCB levels less than 50 parts per million, it is taken to Veolia Hickory Meadows Landfill in Chilton.

The entire cleanup is scheduled to be completed by 2017.

In a May 1, 2013, federal court ruling, U.S. District Judge William Griesbach required seven companies that EPA considers responsible for the PCB contamination to continue and complete the required cleanup work.

EPA Photos Kalamazoo Kalamazoo River Superfund Site Lawsuit #25 Kalamazoo River Superfund Site Lawsuit #24 Kalamazoo River Superfund Site Lawsuit #28 Kalamazoo River Superfund Site Lawsuit #27 Kalamazoo River Superfund Site Lawsuit #26 Kalamazoo River Superfund Site Lawsuit #25 Kalamazoo River Superfund Site Lawsuit #24 Kalamazoo River Superfund Site Lawsuit #23 Kalamazoo River Superfund Site Lawsuit #22 Kalamazoo River Superfund Site Lawsuit #21 Kalamazoo River Superfund Site Lawsuit #20 Kalamazoo River Superfund Site Lawsuit #19 Kalamazoo River Superfund Site Lawsuit #18 Kalamazoo River Superfund Site Lawsuit #17 Kalamazoo River Superfund Site Lawsuit #16 Kalamazoo River Superfund Site Lawsuit #15 Kalamazoo River Superfund Site Lawsuit #14 Kalamazoo River Superfund Site Lawsuit #13 Kalamazoo River Superfund Site Lawsuit #12 Kalamazoo River Superfund Site Lawsuit #11 Kalamazoo River Superfund Site Lawsuit #10 Kalamazoo River Superfund Site Lawsuit #9 Kalamazoo River Superfund Site Lawsuit #8 Kalamazoo River Superfund Site Lawsuit #7 Kalamazoo River Superfund Site Lawsuit #6 Kalamazoo River Superfund Site Lawsuit #5 Kalamazoo River Superfund Site Lawsuit #4 Kalamazoo River Superfund Site Lawsuit #3 Kalamazoo River Superfund Site Lawsuit #2 Kalamazoo River Superfund Site Lawsuit #1

 

Pervs R Us: Child Porn and/or molestation charges against at least 6 Michigan men, including 3 from downstate, involving child pornography or molesting kids; Big thanks to federal prosecutors in the U.S. District Court in the Western District of Michigan

By Greg Peterson/Upper Peninsula Breaking News

http://www.UpperPeninsulaBreakingNews.com

(Marquette, Michigan) – Robert Thomas Carlson of Marquette County is among six men accused of crimes involving children that federal prosecutors have filed recently including at least three northern Michigan men, according to court records and indictments obtained by Upper Peninsula Breaking News.

Robert Thomas Carlson child pornography Indictment

Carlson was indicted for possession of child pornography by a federal grand jury in Marquette on Tuesday, August 12, 2014 – one of three U.P. cases filed by the office of United States Attorney Patrick A. Miles, Jr. in the U.S. District Court for the Western District of Michigan that includes the Upper Peninsula.

Carlson “did knowingly possess and access with intent to view (25) images of child pornography, including, but not limited to, one or more of the images and videos” listed in the indictment during an unknown time period ending Oct. 12, 2014.

The child pornography images “were produced using materials which had been shipped and transported in interstate and foreign commerce” including a “Gateway model M-1625 laptop computer” that contains a 250 GB hard drive “which were manufactured outside of the State of Michigan.”

Federal Prosecutor Paul D. Lockner in Marquette

Federal Prosecutor Paul D. Lockner in Marquette

Federal Prosecutor Paul D. Lockner in Marquette filed forfeiture proceedings against Carlson including “any visual depictions described, any book, magazine, periodical, film, videotape, or other matter which contains any such visual depiction, which was produced, transported, mailed, shipped or received in violation” of federal child pornography laws.

The federal government filed forfeiture proceedings involving “property, real or personal, used or intended to be used to commit or to promote the commission of violations” of federal child pornography laws including the Gateway laptop and the 250 GB hard drive,

Upon conviction, the United States of America shall be entitled to forfeiture” of substitute or additional proper property owned by Carlson if he doesn’t cooperate with federal authorities or violates conditions in the indictment.

Others recently charged:

53-year-old Mark Earl McLeod was indicted on Tuesday, August 12, 2014 for possession and distribution of child pornography – involving preteen boys – during 2012 in Osceola County

53-year-old Mark Earl McLeod was indicted on Tuesday, August 12, 2014 for possession and distribution of child pornography – involving preteen boys – during 2012 in Osceola County

53-year-old Mark Earl McLeod was indicted on Tuesday, August 12, 2014 for possession and distribution of child pornography – involving preteen boys – during 2012 in Osceola County.

McLeod “knowingly possessed approximately 564 images and approximately 48 videos of child

pornography,” the indictment states.

McLeod “knowingly distributed child pornography that was shipped and transported in and affecting interstate and foreign commerce by any means, including by computer,” the indictment states and continues “the defendant distributed child pornography via the Internet using a peer-to-peer file sharing program.”

Forfeiture proceedings agaist McLeod include, but are not limited to, “a black custom Silverstone computer, Red Lexar 256 MB USB thumbdrive; and CDs/DVDs seized from the defendant’s residence on or about May 7, 2012, that contain child pornography” and “any property, real or personal, constituting or traceable to gross profits or other proceeds” of sale of male pre-teen pornography states the indictment signed by Assistant United States Attorney Tessa K. Hessmiller on behalf of United States Attorney Patrick A. Miles, Jr.

No dates have been set for proceedings including an initial appearance and McCleod remains jailed at the Newaygo County Sheriff’s Office in White Cloud, Michigan.

34-year-old Douglas Emil Kugler, Jr. of Vilas County, Wisconsin on Wednesday, July 13, 2014 agreed to a plea bargain and pleaded guilty to one count of abusive sexual contact with a child under the age of 12.

34-year-old Douglas Emil Kugler, Jr. of Vilas County, Wisconsin on Wednesday, July 13, 2014 agreed to a plea bargain and pleaded guilty to one count of abusive sexual contact with a child under the age of 12

34-year-old Douglas Emil Kugler, Jr. of Vilas County, Wisconsin on Wednesday, July 13, 2014 agreed to a plea bargain and pleaded guilty to one count of abusive sexual contact with a child under the age of 12.

Douglas Kugler (4)Kugler signed the plea agreement on August 7 before his defense attorney Derek G. Swajanen and assistant U.S. Attorney Paul D. Lockner.

The maximum penalty if Kugler pleads guilty in open court – is 20 years in jail, a $250,000 fine and five years probation.

Kugler must file as a sexual offender in Wisconsin.

A non-native Kugler allegedly had sexual contact with a young Native American boy- about 3 and a half years old – while visiting a family member at the Keweenaw Bay Indian Community in Baraga, Michigan.

Kugler is also accused of have sexual contact with two other very young children – a boy and girl.

He remains in the Marquette County Jail pending sentencing.

He is scheduled to be sentenced by U.S. District Court Judge R. Allan Edgar on December 12, 2014 in Marquette.

Tommy Cain - Vicious Tribal Molester

61-year-old Tommy Alan Cain, formerly of Kincheloe, was arrested in Grand Rapids on July 24, 2014 after his indictment by a federal grand jury on multiple sexual abuse laws involving a minor:

Five counts of Sexual Abuse by Threat (Max life sentence if convicted)

One count of Abusive Sexual Contact by Threat (Max 3 years if convicted)

Six counts of Sexual Abuse of a Minor. (Max 6 years per count – or 36 years total – if convicted

The indictment alleges Cain engaged in sexual acts with a minor victim over a four-year period beginning in 2007 on trust lands of the Sault Ste. Marie Tribe of Chippewa Indians.

Cain,who is non-native, is accused of molesting and terrorizing a female minor who is Native American.

View Indictment: 61-year-old Tommy Alan Cain, formerly of Kincheloe, was arrested in Grand Rapids on July 24, 2014 after his indictment by a federal grand jury on multiple sexual abuse laws involving a minor

Cain “did knowingly engage in a sexual act” with the girl whose age is between 14 and 16 “with intent to abuse, humiliate, harass, degrade” and allegedly sexually abuse the female minor who was in fear, according to the indictment signed by Assistant U.S. Attorney Hannah N. Bobee in Marquette.

An initial pre-trial conference for Cain is set for 2 p.m. September 2, 2014 before U.S. Magistrate Judge Timothy P. Greeley.

A pretrial conference is set for 10 a.m. on October 9, 2014.

The preliminary trial date is set for 10 a.m. On October 20, 2014

Derek Allen Kidder of Kent County, Michigan was indicted on August 6, 2014 by a federal grand jury in Grand Rapids on two felonies involving the receipt and possession of child pornography depicting very young boys and girls.

Kidder allegedly received and viewed child pornography on or about September 6 and 7, 2011 in Kent County on his computer.

Kidder “knowingly received child pornography “through the internet” including more than 350 pictures and numerous videos showing children who are naked and/or engaged in sex acts.

Forfeiture proceedings target property owned by Kidder including an Antec computer

tower, a Seagate 750 GB hard drive manufactured in China, a Seagate 160 GB hard drive

manufactured in China, and a Western Digital 1 TB hard drive manufactured in Thailand, according to the indictment.

John Richard Balyo of Kalamazoo was indicted on July 23, 2014 by a federal grand jury, felony charges of sexual exploitation of a child  in Grand Rapids on felony charges of sexual exploitation of a child and possession of child pornography.

Balyo allegedly “produced photographs of a boy” about 12 years old and then “engaged in sexually explicit conduct” on April 19, 2014 in Kalamazoo County, Michigan.

Under forfeiture proceedings, if Balyo is convicted the government plans to take his Apple iPhone4S, and Apple iMac computer and a Nikon digital camera.

Balyo allegedly “possessed images of child pornography, some that involved prepubescent minors” using various types of computer equipment at his home and at his Kent County storage unit that was raided in June 2014, according to the indictment signed by Assistant United States Attorney Tessa K. Hessmiller on July 23.

The seizures during raids included “external hard drives, thumb drives, memory/SD cards, CDs, DVDs, compact flash cards and removable storage media containing materials relating to the sexual exploitation of children,” the indictment states.

——-

Mqt Federal Courthouse Bldg. 7-17-14 (5) DSC02160

Assistant United States Attorney Maarten Vermaat

www.justice.gov/usao/miw/news/2012/2012_0525_VProtasoff.html

www.foxnews.com/entertainment/2010/07/12/attorney-actor-john-stamos-fling-year-old-student

http://abc10up.com/greeley-reappointed-u-s-magistrate-judge

DANGEROUS FELON GETS FIVE YEARS FOR POSSESSING A FIREARM

FOR IMMEDIATE RELEASE

Grand Rapids, Michigan (July 25, 2014) – Jason Paul Arnold: Dangerous Felon Gets Five Years For Possessing A Firearm, said U.S. Attorney Patrick Miles

Jason Paul Arnold, 32, formerly of Garden, Michigan, received five years in prison

http://www.justice.gov/usao/miw/news/2014/2014_0725_JArnold.html

Asst. U.S. Attorney Hannah Bobee, Lochner (8)Assistant United States Attorney Paul D. Lochner, right and Asst. U.S. Attorney Hannah Bobee (left).    Photos by Greg Peterson, Upper Peninsula Breaking News

Western District of Michigan

www.justice.gov/tax/usaopress/2005/txdv05RBeauchamp03102005.html

www.justice.gov/usao/miw//news/2014/2014_0326_BHase.html

www.justice.gov/usao/miw//news/2014/2014_0307_JKoster_etal.html

U.S. Justice Department (United Estates Department of Justice)

http://www.justice.gov

www.justice.gov/briefing-room.html

www.justice.gov/about/about.html

U.S. District Court Western District of Michigan

www.miwd.uscourts.gov

www.miwd.uscourts.gov/content/marquette

http://judgepedia.org/Federal_Vacancy_Warning_System

Special link – date:

http://www.miwd.uscourts.gov/sites/miwd/files/Request%20For%20Proposal%20Notification%20Letter.pdf

——-

Federal Judges:

U.S. District Judge Robert Holmes Bell

U.S. District Court Western District of Michigan

www.miwd.uscourts.gov/judges-info/judge-example

https://en.wikipedia.org/wiki/Robert_Holmes_Bell

www.mlive.com/living/grand-rapids/index.ssf/2011/02/profile_us_district_court_judg.html

http://judgepedia.org/Robert_Holmes_Bell

U.S. District Court Judge R. Allan Edgar

U.S. District Court Western District of Michigan

PO Box 698

Marquette MI

49885

906-226-2084 (Mqt office/case manager)

http://www.miwd.uscourts.gov/content/judge-r-allan-edgar

http://en.wikipedia.org/wiki/Robert_Allan_Edgar

http://www.fjc.gov/servlet/nGetInfo?jid=686&cid=999&ctype=na&instate=na

http://www.judicialwatch.org/document-archive/allan-r-edgar-financial-disclosure-report-for-2003

http://www.hamiltoncountyherald.com/Story.aspx?id=1210&date=4%2F16%2F2010

U.S. Magistrate Judge Timothy P. Greeley

www.nmu.edu/criminaljustice/node/75

http://abc10up.com/greeley-reappointed-u-s-magistrate-judge

www.nmu.edu/criminaljustice/node/135

www.miwd.uscourts.gov/content/magistrate-judge-timothy-p-greeley

www.historyforsale.com/html/prodetails.asp?documentid=175357&start=1&page=92

U.S. Sentencing Guidelines aka federal sentencing guidelines

http://www.ussc.gov/guidelines-manual/amendments-guidelines-manual

http://www.ussc.gov/guidelines-manual/guidelines-manual

http://www.ussc.gov

http://www.ussc.gov/guidelines-manual/2013-ussc-guidelines-manual

https://en.wikipedia.org/wiki/United_States_Federal_Sentencing_Guidelines

https://en.wikipedia.org/wiki/United_States_Sentencing_Commission

——-

Federal Prosecutors who served the people of the Upper Peninsula of Michigan and investigate felonies that occur in northern Michigan Native American tribal properties and reservations (each a sovereign nation)

Western District of Michigan for the Attorney General of the United States

http://www.justice.gov/usao/miw/index.html

U.S. Attorney General of the United States for the Western District of Georgia

330 Ionia Avenue, NW

Post Office Box 208

Grand Rapids, MI

(616) 456-2404 (main)

(616) 456-2408 (fax)

Federal Prosecutors:

Marquette office

(906) 226-2500

 

Asst. U.S. Attorney Hannah Bobee

She is Native American and and an enrolled member of the Sault Ste. Marie Tribe of Chippewa Indians

http://www.rosettelaw.com/attorney-bio-bobee.html

http://www.justice.gov/dea/divisions/det/2013/det061913.shtml

www.leadershipdirectories.com/profiles/Hannah-Bobee-Assistant-US-Attorney-Marquette-%28MI%29-Office-.htm

Assistant United States Attorney Paul D. Lochner

Paul.Lochner@USDOJ.gov

Western District of Michigan

www.justice.gov/tax/usaopress/2005/txdv05RBeauchamp03102005.html

www.justice.gov/usao/miw//news/2014/2014_0326_BHase.html

www.justice.gov/usao/miw//news/2014/2014_0307_JKoster_etal.html

Asst. U.S. Attorney Maarten Vermaat

Western District of Michigan

www.justice.gov/usao/miw/news/2012/2012_0525_VProtasoff.html

www.foxnews.com/entertainment/2010/07/12/attorney-actor-john-stamos-fling-year-old-student

http://abc10up.com/greeley-reappointed-u-s-magistrate-judge

U.P. Breaking News Exclusive: Southwestern Michigan College official indicted on money laundering, mail fraud for enriching a secret company he owned with nearly $500,000 in college advertizing contracts at South Bend TV stations

SW College Crook Gregory DeRue (2)

By Greg Peterson, Upper Peninsula Breaking News
www.UpperPeninsulaBreakingNews.com

(Dowagiac, Michigan) – A federal grand jury has indicted the former executive director of marketing at Southwestern Michigan College in Dowagiac on 11 felonies including nine counts of mail fraud and two counts of money laundering for steering nearly a half million dollars in college contracts to a company he owned in Indiana.

SW College Crook Gregory DeRue (1)Gregory Albert DeRue of Granger, Indiana is accused of committing the mail fraud and money laundering crimes between January 2011 and May 2013 as the executive director of marketing, enrollment management and development at Southwestern Michigan College – a position he held for about two and a half years.

The Indictment of Gregory DeRue states the college made many purchases “on the recommendation and request of its Executive Director of Marketing.”

Gregory DeRue and that SWM “college began using DMG Media in June 2011 as an advertising agency for purchasing all television, radio, and billboard advertising until May 2013.

The indictment states DeRue owned the company and did not inform SWM he was the owner – and allegedly tried to cover it up.

The investigation revealed the company was essentially a mail box.

DMG Media invoices list its place of business as 5776-51 Indian Grape Road # 164 in Mishawaka, Indiana  that turned out to be a “UPS Store that rents mail boxes to various clients (and) Box # 164 was rented to DMG Media,” the indictment states.

“De Rue Marketing Group LLC is organized in the State of Indiana. The Indiana Business Entity Report on file with Indiana state government indicates that Greg DeRue is the
President of De Rue Marketing Group LLC. In August 2, 2011, De Rue Marketing Group filed
with the State of Indiana a Certificate of Assumed Business Name – DMG Media, the indictment states.

“While serving as executive director of marketing with the college defendant
DeRue never disclosed that he served as the President and sole employee of DMG Media, the indictment states.

“Rather, the college dealt exclusively through email with DMG Media’s purported agent, ‘Jack,'” the indictment states
From June 2011 to May 2013, DMG Media billed (SWM) a total of $487,427 and “all invoices were paid except the final invoice in May 2013 of $26,260, on which the College placed a stop payment order,” according to the indictment.
Of the “$487,427 gross amount invoiced to the College, DMG Media contracted with media
providers to provide $279,145 worth of services,” the indictment states.

The money includes “an agency commission of $32,360 paid to DMG Media by the college as a 15-percent commission on television and radio billings,” the indictment states.

Email billing invoices were sent from DMG Media to the College.

SWM “paid those invoices by cutting a check drawn on Fifth Third Bank in Western
Michigan and mailed via the United States Postal Service” from the Michigan college to the DMG Media address in Mishawaka, Indiana.

The indictment alleges that “DMG Media invoiced the College for more than the gross amount of the services actually provided and invoiced” but never provided.

DMG Media also “failed to pay some media providers for advertising that was completed on behalf of the college,” the indictment states.

DeRue “concealed from the College that he was the President and sole employee of DMG
Media, and that the College’s contact at DMG Media – ‘Jack’ – did not otherwise exist apart
from Defendant DeRue,” the indictment alleges.

DeRue was fired by SWM on May 23, 2013, the indictment states.

Before the DMG Media contract with SWM was terminated and after his firing, “DeRue contacted the College to advise that he would be handling the college’s account with DMG Media,” the indictment states.

The indictment alleges that DeRue invoiced the college for numerous advertising buys that did not occur.

For television advertising, the college cut checks to DeRue’s business totaling nearly $404,000.

Those bogus ad buys were mainly for WNDU-TV in South bend, Indiana but included WSJV, WBND, CW25, and Comcast, the indictment charges in the “manner and means” of the alleged crimes.

DeRue’s history includes a one-year stint as the marketing manager for Cumulus Broadcasting ending in 2008, according to his active LinkedIn page with over 500 connections.
Ironically most of his false advertizing buys were made to WNDU-TV – and that station’s call letters stand for his alma mater – Notre Dame University.
DeRue “was part of the scheme to defraud” as “DMG Media invoiced the College
for more than the gross amount of the services actually provided and invoiced for services
never provided,” the indictment states.

The indictment also lists forfeiture proceedings for DeRue’s property, money and a car.

The forfeiture includes $115,089.87 seized on June 26, 2014 from the Woodforest National Bank from an account named DeRue Marketing Group LLC; a 2012 Hyundai Santa Fe titled in the name of Gregory Albert DeRue and a sum of money equal to at least $61,272.53, which
“represents the balance of proceeds DeRue obtained, directly or indirectly from the scheme to
defraud charged in Counts 1-9.”

The July 24, 2014 grand jury indictment was signed by Assistant United States Attorney Clay M. West in Grand Rapids on behalf of U.S. Attorney Patrick A. Miles, Jr.

Gregory Albert DeRue
https://www.linkedin.com/pub/greg-derue/0/8b1/817

Click to access 146026SouthwesternMICollege20130214_412529_7.pdf

WNDU-TV
http://www.wndu.com
https://en.wikipedia.org/wiki/WNDU-TV

The Looting of Upper Peninsula Coca-Cola King Gordon Elson – A ‘Come to Jesus’ moment for the guilty – “Follow the Money”

Its time for search warrants, seizures, grand jury proceedings in the looting of the estate of late Upper Peninsula Coke King Gordon Elson

Looting of the estate of Upper Peninsula Coca-Cola King Gordon Elson across northern Michigan and Florida by Greg John Peterson

Download the documents (one big tiff file – and notice the massive checks toward the end)

Gordon Elson, estate of Gordon Elson, Upper Peninsula, Coca-Coca

https://www.dropbox.com/s/z97a4yehpcwkgja/Gordon%20Elson%2C%20estate%20of%20Gordon%20Elson%2C%20Upper%20Peninsula%2C%20Coca-Coca%20001.tif

Gordon Elson Obit PhotoIt’s Officially a Scandal – and those involved better rush to become witnesses for the prosecution aka state’s witness – federal informant!!

The looting of the estate of late Upper Peninsula Coca-Cola Gordon Elson is shocking and there are many accusations that it continues today.

Here are 30 documents that show the current executor of the estate George Paavo – and attorney Richard Graybill – accused Elson power-of-attorney holder late Marquette Businessman William “Bill” Pesola with a lot of crimes in the millions of dollars (tho i a civil Marquette County Probate Court fashion).

Attorney Richard Graybill 'Ask the Lawyers' WNMU-TV with super Gordon Elson Estate Sale by Greg Peterson 7-12-14 (1) Bill Pesola - Sawyer propsIt also involves jewelry and vintage cars – massive property holdings – some have estimated Elson’s estate at $15 million or more (back in the day – 80s)

Then – inexplicably – they dropped the probate court accusations.

The Peninsula Bank fought the subpoenas.

*****Follow the money as they said during Watergate Scandal.

Toward the end of these documents you will see the checks – tallying millions.

Some of the checks may have been for legit reasons – but it’s a tiny glance into the finances of the late Mr. Gordon Elson.

We keep asking – Where is the Elson Rolls Royce – last spotted in Upper Peninsula.

We have a lot more info coming – as the scandal widens.

For those of you new to this site:

Upper Peninsula Breaking News stories on looting of estate of the late Gordon Elson

wordpress:

The Looting of Upper Peninsula Coca-Cola King Gordon Elson – A ‘Come to Jesus’ moment for the guilty – “Follow the Money”

The Looting of Upper Peninsula Coca-Cola King Gordon Elson – A ‘Come to Jesus’ moment for the guilty – “Follow the Money”

Where is the Rolls Royce? Did Late Marquette Businessman William Pesola betray Gordon Elson? Will Those listed in the Elson Will get their inheritance? – The Scandal is growing Tonight Surrounding the Fortune and Estate of U.P. Coke King Gordon Elson

Where is the Rolls Royce? Did Late Marquette Businessman William Pesola betray Gordon Elson? Will Those listed in the Elson Will get their inheritance? – The Scandal is growing Tonight Surrounding the Fortune and Estate of U.P. Coke King Gordon Elson

Upper Peninsula Coke Fortune Scandal: The effort to conceal information continued this weekend at an estate sale for multimillionaire U.P. Bottling King Gordon Elson

Upper Peninsula Coke Fortune Scandal: The effort to conceal information continued this weekend at an estate sale for multimillionaire U.P. Bottling King Gordon Elson

The Players Part 1: U. P. Coke Fortune Executor George Paavo of Ishpeming and ‘court-appointed’ estate sale helper Ed St. Aubin, who accosted reporter Greg Peterson, during investigation by ‘Upper Peninsula Breaking News’

The Players Part 1: U. P. Coke Fortune Executor George Paavo of Ishpeming and ‘court-appointed’ estate sale helper Ed St. Aubin, who accosted reporter Greg Peterson, during investigation by ‘Upper Peninsula Breaking News’

U.P. Coke Fortune investigation continues – as estate worker goes after reporter on eve of estate sale – during probe of Will of U.P. Coca Cola Executive the late Gordon Elson of Ishpeming, MI

U.P. Coke Fortune investigation continues – as estate worker goes after reporter on eve of estate sale – during probe of Will of U.P. Coca Cola Executive the late Gordon Elson of Ishpeming, MI

youtube videos:

The Players #1: U. P. Coke Fortune Executor George Paavo and Ed St. Aubin, who accosted reporter

U.P. Coke Fortune: Estate worker goes after reporter on eve of estate sale; Will of Gordon Elson

U.P. Breaking News probes what happened to the estate of U.P. Coke King Gordon Elson

Shades of “Rock Star Rick” – Richard Hill of Ironwood, Michigan faces a max of 100 years in federal prison if convicted on conspiracy and distribution of meth

Rock Star Rick, Richard Hill, Meth  Man Graphic

Rock Star Rick, Richard Hill, Meth Man Mug Shots

The many faces of Richard Hill of Ironwood – aka “Rock Star Rick” – according to federal indictment

(Marquette, MI) – He’s called “Rock Star Rick” to his meth customers – alleges a federal indictment at U.S. District Court in Marquette.

37-year-old Richard John Hill of Ironwood, MI – who was allegedly busted with $75,000 in methamphetamines – appeared before U.S. Magistrate Judge Timothy P. Greeley on Friday, July 18, 2014 because of a superseding indictment returned by a federal grand jury to replace the original indictment – adding additional charges.

Rockstar Rick Facebook page:
https://www.facebook.com/Rockstarick/photos

Meth Suspect Rockstar Rick Hill in Vegas (Facebook)

Meth Suspect Rockstar Rick Hill in Vegas (Facebook)

Rock Star Rick, Richard Hill, Meth  Man 7-18-14 (1)In addition, the federal government has started forfeiture proceedings in connection with the cash, vehicles, and property seized in a  raid earlier this year.

The indictment mentions co-defendants.

Hill is charged with one federal county of conspiracy to distribute meth between July 2013 and March 6, 2014. That conspiracy charge carries a minimum 5 years in prison and a maximum 40 years in prison and a five million dollar fine.

Rock Star Rick, Richard Hill, Meth  Man 7-18-14 (3)He is also charged with three counts of possession of meth with intent to distribute. Each count carries a maximum sentence of 20 years in prison.

The indictment alleges that Hill and his alleged co-conspirators manufactured 50 grams (about 2 ounces) or more of liquid containing methamphetamine.

Hill pled not guilty and the case was tentatively set for trial during the October 20, 2014 federal docket in Marquette.

If “Rock Star Rick” is convicted on all charges – he could face 100 years in Jail. He is being held in the Chippewa County Jail near the Soo – that jail has a contract for federal prisoners – therefore he is lodged on the other side of the U.P. From his Gogebic County Home.

Rebecca Suzik

Rebecca Suzik

Hill was arrested in March 2014 with 37-year-old Rebecca Suzik of Ironwood.

They were charged with two state felony counts of delivery/manufacture of meth and possession of meth.

The Gogebic Iron Area Narcotics Team arrested the pair after serving a search warrant at 223 Kennedy Street in Ironwood.

Hill was represented in federal court by Attorney Jesse J. Monville of White Pine not far from Hill’s home in Gogebic County.

More arrests are possible and federal authorities have declared the U.P. meth problem a public health crisis.

Rock Star Rick, Richard Hill, Meth  Man 7-18-14 (1) Rock Star Rick, Richard Hill, Meth  Man 7-18-14 (2) Rock Star Rick, Richard Hill, Meth  Man 7-18-14 (3) Rock Star Rick, Richard Hill, Meth  Man 7-18-14 (4) Rock Star Rick, Richard Hill, Meth  Man 7-18-14 (5) Rock Star Rick, Richard Hill, Meth  Man 7-18-14 (6) Rock Star Rick, Richard Hill, Meth  Man Graphic Rock Star Rick, Richard Hill, Meth Man Mug Shots

Rebecca Suzik

Rebecca Suzik

Rock Star Rick, Richard Hill, Meth Man Mug Shots #2 Richard Hill mug shot #2

Related links:

Federal Judge R. Allan Edgar
U.S. District Court Judge R. Allan Edgar
U.S. District Court Western District of Michigan
http://www.miwd.uscourts.gov/content/judge-r-allan-edgar
http://en.wikipedia.org/wiki/Robert_Allan_Edgar
http://www.fjc.gov/servlet/nGetInfo?jid=686&cid=999&ctype=na&instate=na
http://www.judicialwatch.org/document-archive/allan-r-edgar-financial-disclosure-report-for-2003
http://www.hamiltoncountyherald.com/Story.aspx?id=1210&date=4%2F16%2F2010

U.S. Magistrate Judge Timothy P. Greeley
http://www.nmu.edu/criminaljustice/node/75
http://abc10up.com/greeley-reappointed-u-s-magistrate-judge
http://www.nmu.edu/criminaljustice/node/135
http://www.miwd.uscourts.gov/content/magistrate-judge-timothy-p-greeley
http://www.historyforsale.com/html/prodetails.asp?documentid=175357&start=1&page=92

Federal Prosecutors:

Asst. U.S. Attorney Hannah Bobee
She is Native American and and an enrolled member of the Sault Ste. Marie Tribe of Chippewa Indians
http://www.rosettelaw.com/attorney-bio-bobee.html
http://www.justice.gov/dea/divisions/det/2013/det061913.shtml
http://www.leadershipdirectories.com/profiles/Hannah-Bobee-Assistant-US-Attorney-Marquette-%28MI%29-Office-.htm

Asst. U.S. Attorney Maarten Vermaat
http://www.justice.gov/usao/miw/news/2012/2012_0525_VProtasoff.html
http://abc10up.com/greeley-reappointed-u-s-magistrate-judge
http://www.foxnews.com/entertainment/2010/07/12/attorney-actor-john-stamos-fling-year-old-student

Gogebic County Meth Cases include:

Joshua Anderson, 31; co-defendant, Alyssa Pollard, 23,
http://abc10up.com/federal-drug-charges-brought-against-ironwood-man
Tina Rappley, 53;
http://www.fox21online.com/news/article/three-arrested-upper-michigan-meth-bust

53-year-old Tina Marie Rappley, 52-year-old Gerald John Abramson and 43-year-old Michelle Lee Kitto
http://abc10up.com/update-meth-arrests-in-ironwood
http://abc10up.com/meth-lab-lands-ironwood-man-in-prison-for-up-to-20-years

George Davis, 59; Kristin Carter, 31; 40–year-old Wendy Hemmings, 34 year old Cindi Christensen and 35 year old Joel Graser, Jr.
http://abc10up.com/max-20-yrs-in-prison-for-meth-lab-defendant/
http://wkqsfm.com/upper-peninsula-news-updates/20836/charged-ironwood-meth-lab/