Watchdog Bytes

'Old' waitress gets $60,000 from Houston sexually oriented businesses

The two male managers of sexually-oriented business referred to a waitress in her 50s as "old" and said she was exhibiting signs of "Alzheimer’s disease." 

Apparently that armchair diagnosis wasn't quite on the mark, as the waitress recalled enough of the taunting to file a complaint with the federal government. The businesses recently agreed to pay the former waitress $60,0000 to settle an age discrimination and wrongful discharge lawsuit brought by the U.S. Equal Employment Opportunity Commission. 

The EEOC said management began hiring younger female waitresses and scheduled them in place of the woman. In August 2006, the woman was fired. She was then 56, the EEOC said. When she was fired, the woman had worked for the defendants for 13 years. The two managers operate establishments in the Houston area including Centerfolds and Cover Girls. 

“Age discrimination cannot and will not be tolerated in any business or industry in Houston,” said EEOC Regional Attorney James Sacher.  “No matter what sector they occupy, business establishments are not exempt from the federal laws which protect employees from discrimination and adverse employment actions based on age.”

 

-- Darren Barbee

'Nuclear' candy sours on news that it contains hazardous amounts of lead

In retrospect, the naming of Toxic Waste brand Nuclear Sludge Chew Bars probably seems like a bit of a marketing mistake. Especially now that the feds say the Pakistani-import is dangerous to the chewer's health. Circle City Marketing and Distributing doing business as Candy Dynamics is recalling all flavors of the sludge bar after California officials recently found elevated levels of lead -- 0.24 parts per million. The Food and Drug Administration tolerance is 0.1 parts per million. (Kim Jong Il, below right, may possess a large arsenal of Nuclear Sludge Bars.)

The lead could potentially cause health problems, especially for infants, small children and pregnant women. 

The company has recalled all lots and all flavors of the product distributed from the product's inception in 2007 through January 2011. Products recalled include Toxic Waste Nuclear Sludge Cherry Chew Bar, Toxic Waste Nuclear Sludge Sour Apple Chew Bar and Toxic Waste Nuclear Sludge Blue Raspberry Chew Bar. 

Guess the company wasn't kidding when they came up with the slogan, "Hazardously sour candy."

 

-- Darren Barbee

FDA impersonators scamming victims who buy drugs online

Drugs, threats of violence, extortion of up to $250,000 and an international conspiracy. Add it all up and it can mean only one thing: Criminals are posing as U.S. Food and Drug Administration agents. 

The FDA is warning the public that FDA “impersonators” are scamming victims who have bought drugs over the Internet or by telephone. The fake feds tell victims that purchasing drugs over the Internet or telephone is illegal. If the victims refuse to pay a fine of up to $250,000 they may be threatened with a search of their property, arrest, deportation, physical harm or incarceration. (Obviously, only real government agents can do those things to you.)

The criminals always request that payments be sent by wire transfer to a designated location, usually in the Dominican Republic. As far as we know, the FDA doesn't have a branch office in the Dominican.

So far, no one has been contacted by an impersonator face to face. The FDA’s Office of Criminal Investigations and other federal agencies are pursuing multiple national and international criminal investigations. Arrests have been made and additional prosecutions are pending; however, the scheme is likely to continue, the FDA says.

(At least, we think it's the FDA.)

-- Darren Barbee

 

 

 

War dead, November and December 2010

From the beaches of Hawaii to the plains of Texas, the following military personnel died in November and December.

ARMY 

Six soldiers died Dec. 12 in Kandahar province, Afghanistan, of wounds suffered when insurgents attacked their unit with an improvised explosive device. Killed were: Cpl. Sean M. Collins, 25, of Ewa Beach, Hawaii; Cpl. Willie A. McLawhorn Jr., 23, of Conway, N.C.; Spc. Patrick D. Deans, 22 of Orlando, Fla.; Spc. Kenneth E. Necochea Jr., 21, of San Diego, Calif.; Spc. Derek T. Simonetta, 21, of Redwood City, Calif.; Spc. Jorge E. Villacis, 24, of Sunrise, Fla. They were assigned to the 2nd Battalion, 502nd Infantry Regiment, 2nd Brigade Combat Team, 101st Airborne Division (Air Assault), Fort Campbell, Ky.  

Two soldiers died Dec. 8 in Balkh province, Afghanistan, of wounds suffered when an insurgent attacked their unit with an improvised explosive device. Killed were: Sgt. James A. Ayube, II, 25, of Salem, Mass. and Spc. Kelly J. Mixon, 23, of Yulee, Fla. They were assigned to the 3rd Squadron, 2nd Stryker Cavalry Regiment, Vilseck, Germany. 

Sgt. Michael J. Beckerman, 25, of Ste. Genevieve, Mo., died Dec. 31 in Kandahar province, Afghanistan, of wounds suffered when insurgents attacked his unit with an improvised explosive device.  He was assigned to 2nd Brigade Support Troop Battalion, 2nd Brigade Combat Team, 101st Airborne Division (Air Assault), Fort Campbell, Ky.  
Pfc. Conrado D. Javier Jr., 19, of Marina, Calif., died Dec. 19 in Kandahar province, Afghanistan, of wounds suffered when enemy forces attacked his vehicle with an improvised explosive device.  He was assigned to the 3rd Squadron, 2nd Stryker Cavalry Regiment, Vilseck, Germany. 

Spc. Sean R. Cutsforth, 22, of Radford, Va., died Dec. 15 at Ghazni Province, Afghanistan, of wounds suffered when insurgents attacked his unit using small arms fire.  He was assigned to 3rd Battalion, 187th Infantry Regiment, 3rd Brigade Combat Team, 101st Airborne Division (Air Assault), Fort Campbell, Ky. 

Spc. Ethan L. Goncalo, 21, of Fall Rivers, Mass., died Dec. 11 in Kabul, Afghanistan, of injuries sustained in a non-combat related incident.  He was assigned to the 1st Battalion, 181st Infantry Regiment, Worcester, Mass. 

Pfc. David D. Finch, 24, of Bath Springs, Tenn., died Dec. 8 in Wasit province, Iraq, of wounds suffered when insurgents attacked his unit using small arms fire.  He was assigned to the 2nd Squadron, 3rd Armored Cavalry Regiment, Fort Hood, Texas. 

Staff Sgt. Vincent W. Ashlock, 45, of Seaside, Calif., died Dec. 4 in Khost province, Afghanistan, in a non-combat related incident.  He was assigned to the 890th Engineer Battalion, 168th Engineer Brigade, Lucedale, Miss. 

Staff Sgt. Jason A. Reeves, 32, of Odessa, Texas, died December 5 at Gardez District, Paktia Province, Afghanistan, of wounds suffered when insurgents attacked his unit using an improvised explosive device.  He was assigned to the 2nd Military Intelligence Battalion, 66th Military Intelligence Brigade, Hohenfels, Germany. 

MARINES

Cpl. Jacob A. Tate, 21, of Columbus, Ohio, died Jan. 2 while conducting combat operations in Helmand province, Afghanistan. He was assigned to the 2nd Battalion, 9th Marine Regiment, 2nd Marine Division, II Marine Expeditionary Force, Camp Lejeune, N.C. 

Lance Cpl. Maung P. Htaik, 20, of Hagerstown, Md., died Jan. 1 while conducting combat operations in Helmand province, Afghanistan.  He was assigned to the 2nd Battalion, 9th Marine Regiment, 2nd Marine Division, II Marine Expeditionary Force, Camp Lejeune, N.C. 

Cpl. Tevan L. Nguyen, 21, of Hutto, Texas, died Dec. 28, while conducting combat operations in Helmand province, Afghanistan.  He was assigned to the 3rd Battalion, 5th Marine Regiment, 1st Marine Division, I Marine Expeditionary Force, Camp Pendleton, Calif. 

Sgt. Garrett A. Misener, 25, of Cordova, Tenn., died Dec. 27 while conducting combat operations in Helmand province, Afghanistan. He was assigned to 2nd Battalion, 9th Marine Regiment, 2nd Marine Division, II Marine Expeditionary Force, Camp Lejeune, N.C.  

Lance Cpl. Kenneth A. Corzine, 23, of Bethalto, Ill., died Dec. 24 of wounds received Dec. 5 while conducting combat operations in Helmand province, Afghanistan.  He was assigned to 3rd Battalion, 5th Marine Regiment, 1st Marine Division, I Marine Expeditionary Force, Camp Pendleton, Calif. 

Lance Cpl. William H. Crouse IV, 22, of Woodruff, S.C., died Dec. 21 while conducting combat operations in Helmand province, Afghanistan.  He was assigned to 1st Battalion, 10th Marine Regiment, 2nd Marine Division, II Marine Expeditionary Force, Camp Lejeune, N.C. 

Cpl. Eric M. Torbert Jr., 25, of Lancaster, Pa., died Dec. 18 while conducting combat operations in Helmand province, Afghanistan.  He was assigned to the 1st Combat Engineer Battalion, 1st Marine Division, I Marine Expeditionary Force, Camp Pendleton, Calif. 
Cpl. Sean A. Osterman, 21, of Princeton, Minn., died Dec. 16 from wounds received Dec.14 while conducting combat operations in Helmand province, Afghanistan.  He was assigned to the 2nd Reconnaissance Battalion, 2nd Marine Division, II Marine Expeditionary Force, Camp Lejeune, N.C. 

Lance. Cpl. Jose L. Maldonado, 21, of Mathis, Texas, died Dec. 17 while conducting combat operations in Helmand province, Afghanistan.  He was assigned to 3rd Battalion, 5th Marine Regiment, 1st Marine Division, I Marine Expeditionary Force, Camp Pendleton, Calif. 

Staff Sgt. Justin E. Schmalstieg, 28, of Pittsburgh, Pa., died Dec. 15 while conducting combat operations in Helmand province, Afghanistan.  He was assigned to the 1st Explosive Ordnance Disposal Company, 7th Engineer Support Battalion, 1st Marine Logistics Group, I Marine Expeditionary Force, Camp Pendleton, Calif. 

Lance Cpl. Jose A. Hernandez, 19, of West Palm Beach, Fla., died Dec. 14 while conducting combat operations in Helmand province, Afghanistan. He was assigned to 1st Battalion, 8th Marine Regiment, 2nd Marine Division, II Marine Expeditionary Force, Camp Lejeune, N.C. 

Staff Sgt. Stacy A. Green, 34, of Alexander City, Ala., died Dec. 10 while conducting combat operations in Helmand province, Afghanistan.  He was assigned to the 1st Battalion, 8th Marine Regiment, 2nd Marine Division, II Marine Expeditionary Force, Camp Lejeune, N.C. 

Lance Cpl. Michael E. Geary, 20, of Derry, N.H., died Dec. 8 while conducting combat operations in Helmand province, Afghanistan.  He was assigned to 2nd Battalion, 9th Marine Regiment, 2nd Marine Division, II Marine Expeditionary Force, Camp Lejeune, N.C. 

Sgt. Jason D. Peto, 31, of Vancouver, Wash., died Dec. 7 from wounds received Nov. 24 while conducting combat operations in Helmand province, Afghanistan.  He was assigned to the 3rd Battalion, 5th Marine Regiment, 1st Marine Division, I Marine Expeditionary Force, Camp Pendleton, Calif. 

 Pfc. Colton W. Rusk, 20, of Orange Grove, Texas, died Dec. 6 while conducting combat operations in Helmand province, Afghanistan.  He was assigned to the 3rd Battalion, 5th Marine Regiment, 1st Marine Division, I Marine Expeditionary Force, Camp Pendleton, Calif.  


Cpl. Derek A. Wyatt, 25, of Akron, Ohio, died Dec. 6 while conducting combat operations in Helmand province, Afghanistan.  He was assigned to the 3rd Battalion, 5th Marine Regiment, 1st Marine Division, I Marine Expeditionary Force, Camp Pendleton, Calif.  

Sgt. Nicholas J. Aleman, 24, of Brooklyn, N.Y., died Dec. 5 while supporting combat operations in Paktia province, Afghanistan.  He was assigned to the Deployment Processing Command-East, Camp Lejeune, N.C.

-- Darren Barbee

Move over Johnny Knoxville, it's the Department of State Health Services

A special thanks to the Department of State Health Services, winner of Watchdog’s 2010 Burro award, for trying to keep documents about a hospital’s goof ups secret and failing miserably.
In a legal disclosure, the department appears to have inadvertently sent us most of the very documents they were trying to keep the public from seeing. But did the department pull a fast one? Alarmingly, the department submitted documents to the Attorney General’s office that seemed to represent what the state gave Watchdog — except this time an entire page previously redacted was included. Could it be that the state is giving one thing to Watchdog and telling the Attorney General it gave us another?

Department spokesman Chris Van Deusen said the latest version of the document is the one Watchdog should have gotten the first time around. The law was originally misapplied.

He also said that state lawyers changed the legal basis for withholding some of the information. They just didn’t bother to tell us (and the public). By the way, here’s the skinny on the documents: HealthSouth Rehabilitation Hospital of Austin was fined $21,000 for allegations related to patient rights, medical services and nursing services. Here’s what the state didn’t want you to know: A low air loss mattress was requested for a patient and never provided.Another patient went six days without the specialized bed. That same patient received a dressing not ordered by a physician on his or her toes. The patient also had no wound care for three days last year and nurses didn’t complete documentation on the patient’s wounds on five different days. All of this obfuscation makes us wonder what happens when something truly bad actually happens at a hospital. But we can all probably rest easy. Knowing the state, we’re unlikely to ever find out.

-- Darren Barbee

From the cheap jokes department: Kirilenko goes to the CFTC

The Commodity Futures Trading Commission (CFTC) announced last month the appointment of Dr. Andrei Kirilenko as its chief economist. The office of chief economist is responsible for providing expert economic advice to the commission. Its functions include policy analysis, economic research, expert testimony, education and training.

Dr. Kirilenko shouldn't be confused with NBA forward Andrei Kirilenko, who is averaging 11.2 points and 5 rebounds for the Utah Jazz, according to Yahoo! Sports.

Dr. Kirilenko is expected to start at shooting guard for the CFTC.

-- Darren Barbee