Internet Scammers Blast Cincinnati With Bogus E-Mails From Gen. Petraeus: $22.6 Million Afghan Treasure Needs Ohio Hideout

Email Says General Has Loot Like Pirate

CINCINNATI (TDB) -- The message comes from a gmail account under the name General David Howell Petraeus, who is supposed to be writing from his command post in Afghanistan where U.S. and NATO forces are battling the Taliban.  The general has become a pirate with a treasure he needs to stash.  But the message is crude and clearly fake.  It contains numerous grammatical and punctuation errors.  Petraeus is a four-star U.S. Army general officer from West Point who went on to obtain an Ivy League PhD.  He doesn't write like an unschooled Arab hunched over a keyboard in an Internet cafe, a Nigerian spammer, or a Somali Long John Silver.  What's even more ridiculous: Holly Petraeus, the general's wife of 36 years, heads a Better Business Bureau (BBB) consumer education office.  Yet the email portrays this American hero as corrupt, as crooked as Afghan President Hamid Karzai and the kleptocrats who surround him.  Perhaps the email originated as psyops from the Taliban or Al-Qaeda, and was written from a cave in Pakistan.  Perhaps it is simply a scam.  It clearly is an attempt to tie the American general into Karzai's thieving regime.  Awful that gmail allows it to circulate widely.  See for yourself the bogus content -- bad grammar and all -- in this excerpt:

"Some money and gold in various currencies [$22.6 million in U.S. dollars plus 50 kilos of gold] was discovered in barrel at a farm house in (sic) during the presidential election at the Taliban strong hold during a rescuer (sic) operation in the election attack and it was agreed by staff Sgt. Kenneth Buff and I that some part of this money and gold be shared among us before informing anyone about the discovery.  this (no caps) was quite illegal thing to do but I tell you what.  No compensation will make it up for the risk we have taken our lives in this hell whole (sic) of which my brother-in-law was killed by a road side bomb last week.

"The above figure was given me as my shared to cancel this kind of money became a problem for me, so with the help of a British contact working here and his office enjoys some immunity I was able to move the money to a security company in the United Kingdom as a diplomatic consignment."

The general's wife, Holly, directs the BBB Military Line, which works with service members.  She tries to keep families from being the targets of scammers and financial fraudsters.  She tells the story of how in 1974 she and her husband got caught in a snare by buying a sports car.  It was a red Jensen-Healy that was a mechanical nightmare.  They were young, not well off, and the car moneypit drained them financially.  Lesson learned. 

Outgoing Dem AG Richard Cordray Sending $4.1 Million In State Contracts To Law Firms: Cincinnati Gets Small Slice Of Special Counsel Deals

Sugar Plums For Upstate Law Firms

CINCINNATI (TDB) -- For Cincinnati lawyers, it's not the dance of the sugar plum fairy.  Most of the unbid special counsel work is headed to law firms in Cleveland and Columbus.  Only two Cincinnati firms -- with $315,000 total -- are on the list of retroactive and renewed contracts.  The deals have been submitted to the State Controlling Board for approval at its last meeting of the year.  It is also the last session with Democrats in control of state government.  Richard Cordray was beaten by Republican Mike DeWine, and the special counsel contracts  -- if approved -- will be in force during much of 2011.  In the past, special counsel contracts have been a political plum for the attorney general, and often controversial.  Not this time, at least not yet.  Traditional campaign fodder includes accusations of lawyers making political contributions in exchange for work -- something that did not occur during Cordray's brief tenure.  He was elected to replace Marc Dann, who resigned in a sex scandal.  Cordray finished out Dann's unexpired term.

In Cincinnati, Ulmer & Berne is getting a $175,000 increase in its contract to represent the University of Cincinnati in construction litigation matters.  The current contract is for $75,000,  Ulmer & Berne is a downtown firm with 336 employees in Ohio.  State records show 8% are minorities and 50% are women.  Wood Herron & Evans, another downtown law firm, is set to receive a $200,000 increase to handle patent matters for Ohio State University.  Its current contract is worth $60,000.  State records show Wood Herron has 112 Ohio employees -- 6% are minorities, 50% women.

Roller Coasters Vs. Genesis: Creationist Museum Outside Cincinnati Had 22% 2009 Attendance Drop, King's Island Fell 4%

CINCINNATI (TDB) -- Developers of the proposed Ark Encounter theme park in Williamstown, Ky., need no polite reminders of how tourist attractions are affected by economic downturns.  All the reminders they need are in the publicly available tax returns of their own Creation Museum, which is located on the Bluegrass State side of suburban Cincinnati .  In its first full year of operation, the Creation Museum reported it pulled in "slightly over" 400,000 visitors to its exhibits showing dinosaurs living alongside humans on an earth created by God some 7,000 years ago.  The museum rejects the theory of evolution.  Year two, which ended June 30, 2009, saw a near 22% attendance drop-off to "roughly" 310,000 visitors.  The dip occurred in the throes of the Great Recession and many attractions across the U.S. suffered from down gates.  But the Christian exhibit did far worse than Disney -- whose theme parks managed to eke out gains in 2009.  Mickey Mouse & Co. somehow kept them coming.  So far, there is no tax return available for 2010; it is hard to know if the drop in interest at the Creation Museum has leveled off, turned the corner or benefited from a miraculous recovery.

Still, the proposed Ark park's co-developer, Answers in Genesis of Kentucky, is no Mickey Mouse operation.  In its first two years, it paid a combined $21 million in employee salaries and benefits.  It paid a combined $19 million in other expenses, such as office equipment, advertising and travel.  And there is no telling what kind of halo effect it had on all the gas stations and restaurants west of the Cincinnati/Northern Kentucky International Airport.

But if the museum's second-year tax return is any kind of guide, the recession has hurt.  Total revenue fell 12% to $20 million.  Contributions and grants fell 15% to $8.2 million.  Its ministry outreach program went from 399 seminars and 205,000 attendees to 288 seminars and 185,00 attendees.  And its revenues-minus-expenses line item (they don't call it profit) shrank from $2.1 million to $715,563.  Other interesting takeaways from the 2009 (most recently available) tax return:

• CEO Ken Ham received $129,832 in salary and $46,186 in benefits and other compensation.
• Ham had two daughters, a son and son-in-law on the payroll as staff members.
• Takenbac Enterprises LLC of Hebron is listed as a general or managing partner.  Kentucky's Secretary of State office shows its "managers" to be James Hatton (AiG's chief financial officer), John Pence (AiG's general counsel) and a Dale Janssen.

From Theme Park Insider, you can see that Ohio's King's Island and Cedar Point did not have the attendance declines that hit the Creation Museum.  Obviously, a museum is not quite the same as a theme park, but the numbers offer some glimpse into the economy's impact.  Here are data about attendance rates for the Top 20 U.S. theme parks for 2009:

1. Walt Disney World's Magic Kingdom: 17.2 million +1.0%

2. Disneyland: 15.9 million +8.0%

3. Epcot: 11.0 million +0.5%

4. Disney's Hollywood Studios: 9.7 million +1.0%

5. Disney's Animal Kingdom: 9.6 million +0.5%

6. Disney's California Adventure: 6.1 million +9.5%

7. SeaWorld Orlando: 5.8 million -6.8%

8. Universal Studios Florida: 5.4 million -12.0%

9. Islands of Adventure: 4.5 million -13.8%

10. Universal Studios Hollywood: 4.3 million -6.0%

11. SeaWorld San Diego: 4.2 million -12.6%

12. Busch Gardens Tampa: 4.1 million -12.3%

13. Knott's Berry Farm: 3.3 million -6.5%

14. Canada's Wonderland: 3.2 million -6.5%

15. Kings Island: 3.0 million -4.0%

16. Cedar Point : 2.9 million -8.0%

17. Busch Gardens Williamsburg: 2.9 million +3.7%

18. Hersheypark: 2.8 million -1.2%

19. Six Flags Great Adventure: 2.6 million -4.6%

20. Six Flags Magic Mountain: 2.5 million -2.5%

(tie) Six Flags Great America: 2.5 million -6.3%

Amberley Village Blames Shoddy Construction For Crumbling City Hall: The Case Of The Missing 'Indiana Limestone'

Problem Pillars

CINCINNATI (TDB) -- Problem pillars plague the upscale Cincinnati suburb, which claims it was swindled.  It says the Indiana Limestone columns that are supposed to be supporting the village's 10-year-old municipal building have turned out to be a "cheaper and inferior product" called cast stone.  Amberley is suing its architect, contractor and a masonry company, saying the $3.4 million structure is deteriorating and presents a danger to public safety.  In early 2008, a large piece of stone fell off the facade of the building.  The village hired Hummel Restoration to investigate -- Hummel discovered shoddy workmanship in 16 pillars on the front and rear of the structure.  The pillars alone are worth about $4,200 each.  From the lawsuit:

"Hummel produced a second report . . . detailing serious structural and design problems with the pillars,  The Hummer Report indicates the columns were weathering at a rapid pace and showing signs of premature deterioration.  The Hummel Report also revealed the cast stone was 'dry stacked' without any significant anchoring.  Instead of utilizing an anchoring system called for in the plans and/or specifications provided to Warm Bros., thin gauge mesh ties were used instead, which were structurally insufficient.  Further, the mortar joints at the corners of each column separated and were allowing moisture to enter the interior of the pillars, further accelerating the deterioration.  the improper anchoring resulted from a design flaw as well as an error in installation and compliance with the plans.

"Currently, in addition to the aforementioned problems, some areas of the pillars exhibit accelerated discoloration, pitting and deterioration, due at least in part to a selection of improper and inferior materials, improper anchoring and installation of the stone, and improper mixing of concrete and other materials.  The contract specifications called for Indiana Limestone to be used on the building facade, but defendants used cast stone instead.  Cast stone is a cheaper and inferior product to limestone.  Defendants' use of cast stone was not authorized by the Village or the contract specifications."

Warm Bros., the general contractor, has denied any wrongdoing.  But it has counter sued Wayne Masonry Inc., a subcontractor.  The architect, Cole+Russell, says the case should be dismissed and sent to binding arbitration and mediation.  The architectural firm says a dispute resolution process was included in the contract for construction the Village Hall, and that court action is not allowed over claims of construction defects.  Said Cole+Russell:

"Here, Plaintiff carved out the dispute resolution procedure that it is attempting to ignore, and this action is not properly before this Court.  If Plaintiff wished to pursue a claim against CRA [Cole+Russell Architects Inc.], it has no choice but to initiate the dispute resolution mechanisms set forth in the Agreement by demanding mediation and, if that is not successful, arbitration.  In any case, as this case must be resolved in those arenas, this Court lacks subject matter jurisdiction over this matter and the action should be dismissed."

Amberley says it is willing to try mediation and arbitration, but says Hamilton County Common Pleas Judge Jody M. Luebbers should not dismiss the case outright while any talks take place.  She should put it on ice, staying action pending the outcome of mediation and arbitration.  Meanwhile, Amberley is continuing to occupy its Village Hall on Ridge Avenue.  Amberley said the premature deterioration of the pillars "presents a danger to the public health, safety and welfare, as demonstrated by the cornice that fell from the building.  Prompt repairs are needed in order to avoid personal injury and property damage."

U.S. Appeals Court In Cincinnati Greenlights Probe Into Hamilton County Voting: 849 Provisional Ballots Must Be Checked For Pollworker Error

Sec'y of State Brunner Also Weighs In 

CINCINNATI (TDB) -- The ruling by the 6th Circuit Court of Appeals was a legal victory for Tracie Hunter, a Democrat who contends procedures at the Hamilton County Board of Elections may have cost her hundreds of votes.  Hunter trails Republican John Williams by 23 votes in the race for Juvenile Court judge.  Williams sought a decision from the 6th Circuit that would have shelved an investigation into provision ballots that was ordered by U.S. District Judge Susan Dlott.  Williams got slam dunked by the federal appeals court panel -- two members of the three-judge panel were appointed by Democratic presidents.  But the ruling came without any dissent from a George W. Bush appointee.  That lessens crticism partisan antics was behind the decision.

Meanwhile, Ohio Secretary of State Jennifer Brunner, a Democrat who is leaving office next month because she didn't seek reelection, issued a directive that governing procedures ove how provisional ballots must be examined for poll worker error.  Brunner's directive said the possibility numerous voters were sent to the wrong precinct in Hamilton County polling locations with multiple precincts should be examined .  There are about 290 of those provisional ballots at stake in the Hunter-Williams contest.  Brunner's order mandates:

" . . . if a board of elections finds multiple provisional ballots voted in the correct polling location but wrong precinct, it should, either in writing, with written responses from the poll workers, or at a public meeting of the board, question the poll workers in that polling location to determine whether they followed the board's instructions for ensuring that voters were directed to the correct precinct.  If the board finds that poll worker error of this nature existed, it shall not reject the provisional ballot, unless other valid reasons for rejection exist, and the board shall count the votes for all races and issues for which the elector was eligible to vote."

A three-judge appeals court panel said the 849 disputed provisional ballots can be segregated as a group for the investigation into poll worker error.  It said the board counted some provisional ballots cast at its downtown headquarters, but rejected others from other locations around the county.  That created possible disparities in how votes were counted:

". . .the Board decided not to count 849 provisional ballots that were cast in the wrong precinct at the regular polling stations on electiong day without investigating whether pollworker error was equally at fault in causing any of these ballots to be cast in the wrong precinct.  This disparate treatment -- county the 26 wrong-precinct ballots based on pollworker error during early voting without similarly investigating whether pollworker error led to any of the 849 ballots being case in the wrong precinct on election day -- forms the basis for the injunctive order in this case.  We cannot conclude that the district court abused its discretion in determining that this disparate treatment made it 'likely enough that the [likelihood-of-success] factor weights in favor of granting the preliminary injunction.'  This analysis weighs against Williams' motion to stay the district court's preliminary injunction."

The 6th Circuit decision was issued by judges Gilbert S. Merritt, appointed by Democratic President Jimmy Carter; Ronald Lee Gilman, appointed by Democratic President Bill Clinton, and Deborah L. Cook, appointed by Republican President George W. Bush.

[UPDATE: 12/-3/10 9:30 a.m. -- Justin Jeffre at the Cincinnati Beach links to The Daily Bellwether and says action on the legal front is positive news for Tracie Hunter. Jeffre writes that "it looks like Tracie Hunter is likely to become the first African American Juvenile Court Judge in Hamilton County . . ." What is also an interesting sidelight about voting last month is that Democratic women did quite well in Hamilton County: Nadine Allen, another African American woman, won a contested Common Pleas Court judgeship; Jody Luebbers was unopposed by the Republicans and won a full six-year term in the judgeship that had been vacated by GOP Chairman Alex Trinatafilou; Hunter is closing in on the juvenile spot, and State Rep. Connie Pillich was reelected to the State House over the local Tea Party founder. In countywide contests, the Dem women did far better than males.]

Suburban Cincinnati Religious Museum Wants State $$$ For Ark Park: Sees Jews 'Subject To Everlasting Conscious Punishment'

The Ark Was Crewed By Jews

CINCINNATI (TDB) -- Noah is the most famous non-Christian seafarer in history.  He is known to us today through the Hebrew Bible.  The effort to obtain state tourist tax incentives for a Noah's Ark theme park near the creationist museum could end up sailing into shoals of religious discrimination.  All employees at the Answers in Genesis creationist museum in Cincinnati's Kentucky suburbs must supply a "written statement of their testimony" and agree to support the religious group's articles of faith.  AiG requires belief in Jesus Christ and says anybody who isn't Christian is headed straight to hell.  Or, as the statement of faith puts it:  "Those who do not believe in Christ are subject to everlasting conscious punishment, but believers enjoy eternal life with God . . . It is the duty of Christians to attend a local Bible believing church as portrayed in the New Testament."

Clearly, the creationist museum is not very accepting of Jews, Muslims, Buddhists, Hindus or anybody else who happens to have a differing religious philosophy -- or no religious belief at all. It seems to prefer bigotry.  While Answers in Genesis is entitled to its own religious beliefs, can it force employees to adopt them to get a paycheck?  Religious non-profits are not totally exempt from fair hiring laws.  Xavier University, a Jesuit college in Cincinnati, employs Jews and non-Christians.  Hospitals run by Christian religious denominations in Cincinnati hire doctors and nurses and staff from diverse religious backgrounds.  Jewish Hospital hired non-Jews.  Those organizations adhered to non-discrimination rules and laws in order to access federal and state financial aid.  But the creationist museum and its partner are seeking Kentucky Tourism Development incentives to build a new park themed around a giant replica of Noah's Ark.  Noah was a Jew -- if you believe the Old Testament -- and wouldn't be eligible for a job with Answers in Genesis if he somehow showed up and tried to join its crew.

Stephenie Steitzer of the Louisville Courier Journal reports that the proposed Ark park is close to a deal with Kentucky officials to get the aid package:  "The developers are seeking incentives under the Kentucky Tourism Development Act, which allows up to 25 percent of the cost of a project to be recovered. Under the law, the state each year returns to developers of approved projects the sales tax paid by visitors on admission tickets, food, gift sales and lodging costs. Developers have 10 years to reach the 25 percent threshold. Advocates for church-state separation question whether the tax incentives would raise First Amendment issues."

The First Amendment probably is an issue.  But laws that prohibit employment discrimination based on race, creed and national origin likely come into play when a work force is required to meet this test:  "All job applicants need to supply a written statement of their testimony, a statement of what they believe regarding creation and a statement that they have read and can support the AiG statement of faith."

And here's a sample of what the "statement of faith" contains:

Section 3: Theology

1. The Godhead is triune: one God, three Persons—God the Father, God the Son, and God the Holy Spirit.
2. All mankind are sinners, inherently from Adam and individually (by choice), and are therefore subject to God’s wrath and condemnation.
3. Freedom from the penalty and power of sin is available to man only through the sacrificial death and shed blood of Jesus Christ and His complete and bodily resurrection from the dead.
4. The Holy Spirit enables the sinner to repent and believe in Jesus Christ.
5. The Holy Spirit lives and works in each believer to produce the fruits of righteousness.
6. Salvation is a gift received by faith alone in Christ alone and expressed in the individual’s repentance, recognition of the death of Christ as full payment for sin, and acceptance of the risen Christ as Savior, Lord, and God.
7. All things necessary for our salvation are expressly set down in Scripture.
8. Jesus Christ was conceived by the Holy Spirit and born of the virgin Mary.
9. Jesus Christ rose bodily from the dead, ascended to heaven, and is currently seated at the right hand of God the Father, and shall return in person to this earth as Judge of the living and the dead.
10. Satan is the personal spiritual adversary of both God and mankind.
11. Those who do not believe in Christ are subject to everlasting conscious punishment, but believers enjoy eternal life with God.
12. The only legitimate marriage is the joining of one man and one woman. Any forms of homosexuality, lesbianism, bisexuality, incest, fornication, adultery, pornography, etc., are sinful perversions of God’s gift of sex.
13. It is the duty of Christians to attend a local Bible believing church, as portrayed in the New Testament.