Hogwash Volume 37

Hogwash! Issue No. 37

May 2015
Welcome to Hogwash!


Rosi and Gardner

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Issue: 37
In This Issue

Hogwash in a sensitive moment:  

Where were you on May 8, 1945?

By Philip R. Rosi

My guess is that for the majority of you, you were no more than a glint in someone s eyes. Yet for those of us who have been here a bit longer, the vision of Gold Stars in windows and the receipt of censored V Mail will never be forgotten. For on May 8, 1945, seventy years ago, the most costly European war in history came to an end, World War II. On that day, at Reims, in northwestern France, General Alfred Jodl, on behalf of the German High Command, signed the unconditional surrender of all German forces, on both the East and West fronts. Although statistics vary, it has been estimated that up to 80 Million died, including up to 55 million civilians and 25 million military.


Planned celebrations here are few, perhaps because the actual war took place on the other side of the Atlantic and the number of veterans is rapidly decreasing. Also, focus appears to be upon August 14, V. J. Day when the war in the Pacific came to an end, a day celebrated across the country. Nonetheless, V. E. Day or WWII Victory Day as celebrated in France by parades and church services to remember those family members and others who died during the Nazi occupation, demands equal booking. Throughout England and Wales several events were planned. Yet here only a flyover of more than 40 vintage WWII aircraft has taken place in Washington, D.C. Indeed, we have more appreciation for our last internal conflict, the Civil War that ended in April, 1865, than the end of the War in Europe.


In Moscow, although it is undisputed that the Russians suffered the most casualties, perhaps as many as 40 million leaders (according the Wikipedia) from 26 countries, several of which were allies of Russia during the War (including the U.S.) opted not to participate in the Victory Parade in Red Square as a protest to the present turmoil in Ukraine. Those leaders, not unlike both President Vladimir Putin and President Barack Obama, were likely born well after May 8, 1945, and consequently, have no personal memories of the ethos and pathos of that time in history. Their only contact is through the stories of their elders and the views and opinions of history writers.


For those who recall their history, I remind you of Edmund Burke, an Irish statesman born in Dublin in 1729 who served in the English House of Commons and is remembered in our history books for his support of the cause of the American Revolutionaries. As he put it, “Those who don’t know history are destined to repeat it.”


To not remember the end of the War in Europe and the unimaginable suffering that World War caused cannot be a good thing.

Skeletons in the Closet:  

Michigan’s New Expungement Law


Lawmakers often get reviled for enacting bad laws (or no laws at all!), so how about a bit of feel-good news?


The State of Michigan enacted a new law in early 2015 that expands the options for setting aside certain criminal convictions – a process called “expungement.” For many years, a person could only apply for expungement if that person only had ONE criminal conviction on his or her record. That meant that if Bob was found guilty of TWO misdemeanors in his youth, that criminal history would follow Bob through life no matter how long in the past those crimes were committed.


Under the new law, a person in Bob’s situation would be petition the court to expunge up to two misdemeanor convictions (or a single felony conviction) from his or her record. Not all criminal convictions are “expungeable,” however. That includes most sexual offenses, traffic offenses (e.g. drunk driving), and others.


The truth is that men and women with criminal histories face immense challenges when searching for employment, because many employers conduct background checks on prospective employees. So even if Bob has a track record of 30 years of good ol’ law-abiding living, those blemishes on his record can continue to haunt him even though he “did his time” decades ago.


The main benefit of expungement is the ability of a job applicant to respond “no” when asked about ever being convicted of a crime that was expunged. And under Michigan’s new expungement law, a person will be able to receive the benefits of expungement in a wider range of circumstances.


If you or someone you know has a question about removing a “blemish” (or two!) on their criminal record… you know where to find us.  

Are Your Twitter and Facebook  

Accounts Valuable Assets?


Yes, according to a federal bankruptcy judge, sitting in Texas. After a gun store and firearms range, operating as a limited liability company, filed for reorganization in bankruptcy, the Judge ruled that the former operator of the business (who was the majority member of the LLC) had to turn over the credentials for the company’s social media accounts. Why? Because the leads, contacts and customer lists within those accounts are “property interests” of the company.


The former operator claimed that the social media accounts were his personal property, because they were only accessible through his personal Facebook, Twitter and other social media accounts. The Court did not agree. The bankruptcy judge ruled that the former operator of “Tactical Firearms” had to make the accounts accessible to the new operator (who had been the minority member in the LLC). Much like the ‘goodwill’ of a business or a list of leads and prospects, the information contained in those social media accounts is valuable to the company and its business.


Social media accounts, and the leads, contacts, and customer information they hold are, in many ways, like customer lists. They are an asset, an item of property with value, according to this ruling and a similar one in New York. What’s in your social media wallet?


In re CTLI, LLC, Case No. 14-33564, 2015 WL 1588085 (Bankr. S.D. Tex. April 3, 2015)

Acts of History, Morality & Cowboy Ethics   



Do you ever wonder what, exactly, your elected representatives in your state legislature do? They are elected by you, paid by you, to address the problems of the state (at least theoretically). But, as many of us know, they do pass a number of resolutions doing nothing more than making something “official.”  For your entertainment this month, here are a few that we found particularly *[useless].

  • The legislators of the State of Washington “. . . recognize that the large, hairy prehistoric elephants of the extinct genus Mammuthus roamed the North American continent, including the Pacific Northwest, during the Pleistocene epoch (ice ages).” (Don’t you feel better, knowing that Washington’s legislature has “recognized” wooly mammoths and made them the “State Fossil”?)
  • It is illegal for South Carolinian minors under age 18to play pinball and pool (billiards):
  • “It is unlawful for a minor under the age of eighteen to play a pinball machine.”  –S.C. Code Ann. Sec. 63-19-2430. 
  • It is unlawful for a person under eighteen years of age to loiter in a billiard or pocket billiard room or to play billiards or pocket billiards in a billiard room unless accompanied by the person’s parent or guardian or with the written consent of the person’s parent or guardian. A person violating this section or Chapter 11 of Title 52 or any billiard room proprietor or manager who permits such a violation must be fined not less than ten nor more than one hundred dollars or be imprisoned not less than two days nor more than thirty days. In the event the keeper of a billiard room is of the opinion that a person desiring admission is under the age of eighteen years the keeper shall require the person to certify the person’s age in writing. It is a misdemeanor, punishable by a fine of not less than twenty-five nor more than one hundred dollars, for a minor to make a false certificate of age or use a forged permit from the minor’s parent or guardian.  — S.C. Code Ann. Sec. 63-19-2430.

We all know, after all, that pinball and pool will be the undoing of our youth!


Now, having put those before you, we also note that the Wyoming legislature, as recently as 2010, saw fit to make part of “The Code of the West” (drawn from Cowboy Ethics by James P. Owen) officially the “state code” of Wyoming.


Live each day with courage;

Take Pride in your work;

Always finish what you start;

Do what has to be done;

Be tough, but fair;

When you make a promise, keep it;

Ride for the brand;

Talk less, say more;

Remember that some things are not for sale; and

Know where to draw the line.


— Wyoming Statutes Annotated 8-3-123 (2010)


We think those might be darned good words to live by.
May Special Offer


Criminal Record Expungement?


Do you know someone with a “blemish” (or two) on their record, who would like to have it removed? If he or she calls us and mentions “Hogwash!” we will provide a confidential, no charge, no commitment consultation to determine if those convictions meet the criteria for expungement, and the process of making that request.   


(231) 941-5878

Offer Expires 06/15/2015

Karen’s Home Cooking 


Last weekend, we bought our first six pack of Oberon (served with oranges of course) and “harvested” our first batch of chives. The beer went faster than the oranges, inspiring me to infuse oranges and chives into everything I was making for dinner. Next weekend, we’ll be digging up leeks and picking mushrooms. As always, at our house, we are coming to the table very hungry and very grateful. It makes the food taste so much better!


Spring Noodle Soup


            1 large can Organic Vegetable broth

            Juice of an orange

            2 tbsp. rice vinegar

    ? cup-1 cup cooked Japanese noodles 

    (ramen is ok! Just don’t use the seasoning)

            1-2 thinly sliced cucumbers  

            (depending on size)

            1 tbsp. finely chopped red onion

            Dried hot pepper flakes (optional)

            Chopped chives

            1 sliced avocado

            Plain Greek yogurt


Pre-cook your noodles. Add noodles and onion to broth and orange juice. Salt and pepper to taste. Refrigerate for at least two hours. Dish out in individual bowls. Add sliced chilled cucumbers. Top each bowl with a little avocado, yogurt and (a lot of) chives. Boiled eggs on the side are very good with this soup.


Oberon Beer-Battered Grilled Cod


            4 pieces of fresh cod



            Panko bread crumbs


            Chives and tarragon


Wash and dry the cod, then lightly flour each piece. Make a batter mix using about a half cup beer and a squeeze of orange juice to 1/4 cup flour until you get a “gluey” consistency. Dip the fish in the batter than pat each piece with Panko. Top each piece with butter and grill on a flat cast iron pan (closing the grill cover) for about 12 minutes, depending on heat of grill. Just before they are done, top with more butter and a squeeze of orange juice. Last touch – fresh chopped chives and tarragon for garnish.


Grilled Cauliflower and Potatoes with Olives and Orange-Chive Pesto


            1 head cauliflower, chopped

            1-2 cups potatoes, chopped

            ? cup black and green olives

            2 pieces of chopped bacon (optional)

            3 tbsp. more or less of olive oil,

    Salt and pepper


Toss the veggies with olives, bacon, olive oil, sea salt and white pepper. Lightly oil a large piece of tin foil. Wrap the veggie mix tightly and put on the grill for at 30-40 minutes. The tin foil will blow up with steam. Take it off the grill and let it sit for at least 10 minutes.


Parsley-Chive Almond Garlic Orange Pesto


            2 cups of parsley and chives

            2 tbsp. almonds

            1-2 garlic cloves

            Juice of an orange

            2-3 tbsp. olive oil


Puree. Use as a topping for the grilled veggies.


**Chives – high in Vitamin C, potassium and folic acid. Promotes good digestion and helps with upset tummies. I use them in everything! Sauces, dressing, soups, on cream cheese and crackers, on fresh cucumbers, etc.

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Rosi & Gardner, P.C.
735  S. Garfield Avenue
Suite 202
Traverse City, Michigan 49686

Philip R. Rosi

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Gary Allen Gardner

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