The Book Is Available

I am putting all the original documents in Archive boxes, saving digital copies in backups.  The book is done.

You can buy the book here for $5, Amazon and other sites will have it for differing prices, shop around if you want.  But the $25 cover price will buy you a signed copy of the paperback mailed to the address of your choice.

 

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Clinton works within the broken system.

Clinton supporters like the dignity, the experience, but she cannot call out Trump on the promised and long needed change.
Everyone wants change, the system is NOT working.  Electing Clinton will not magically make change, but she has a much better chance of making needed changes than anyone else.
 
Trump supporters do not care about the dignity of the office of President but rather the strength and the change Trump seems to represent.
 
Clinton knows it is complicated and the needed change cannot be explained in a sound byte. She is trapped by the system she represents.
 
We all seem to believe Trump’s lies because we do not care about checking facts. Journalists say “Trump says Crooked Hillary” reporting lies and the FBI is losing credibility fast. The system is not working.
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Evil Licensed Environmental Professionals

 

Compatible Computers

Claimant   &

HRP Associates, Inc.

Respondent

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American Arbitration Association
Case No. 01-16-0001-1885
August 29, 2016

An Edit of the Arbitration Case filed 8/29/2016  

The Respondent HRP Associates Inc. Regional Manager Scot Kuhn misremembered the retainer amount when he wrote the termination of services letter with final invoice on March 6, 2015 Claimant – 1.  He remembered $3,000 and not $8,000.  Between 2010 and 2012 Compatible Computers had three times deposited $3,000 payments to HRP for earlier work completed.  So The Respondent Regional Manager Scot Kuhn wrote an invoice for $3,445.35 saying “While the costs … have exceeded the retainer amount you provided on December 9, 2013, you owe nothing further at this time” (C-1, P-2 ¶3).

Six months later and 21 months after any work was done, Kuhn had been reminded the retainer was $8,000 and not $3,000 and then wrote and presented a fraudulent $8,325.90 invoice (C-2) for the same services but billing $5,000 more.  The September fraud states “The total cost to date … was $8,325.90.  The balance of $325.90 will not be invoiced to you.” (C-2 P-2 ¶2)

This clear fraud is clearly business as usual as well as a clear violation of CGS Sec. 53a-290 C-3.  Investigations by the State’s Attorney may find more criminal conduct. This Arbitration is for breach of contract but it contains criminal fraud as well as the negligent and unilateral termination breaches.

HRP’s lawyer Mary Bartholic of Cohn Birnbaum & Shea PC is not paying attention, forgetting appointments and showing up to court without reading briefs. There has been no offer of settlement or specific acknowledgement of the claims of fraud.  Perhaps she won’t respond to this claim. Perhaps the negligence is calculated, that if she appears not to be following she can appear ethical.  Perhaps the amount of money involved is considered spent on a legal retainer and HRP tells her to postpone returning the retainer as long as possible.  Clearly HRP will not take action against their employees’ malfeasance without a clear opinion from this arbitration and/or a future criminal or civil fraud case.

Whatever the reason the Respondent is using HRP resources to defend a fraud, and fraud is the precipitating factor leading to this legal action and this arbitration and the costs of this action so far are $1,635.30, plus interest on $8,000 for nearly three years C-3.  Note the Respondent forced this arbitration with a Motion in Superior Court C-4 and a motion from the Claimant for inexpensive Summary Judgment is still pending C-5.

There is nothing in which explicitly calls for the forfeit or the return of a retainer or for sharing costs of any necessary legal action. In legal cases ethics and fairness are secondary to a large body of law against such brazen avarice because in court (or arbitration) the reprehensible can be considered in a civilized manner. Such fraud cases do not so much seek justice but rather fines of up to $10,000 and imprisonment of 1 to 10 years, widely considered a deterrent to such fraud.

If I decide not to deliver a service or a product I certainly and automatically return any monies paid.  As well as moral and legal considerations I would not be long in business if I did not see the evident justice of such a simple principle.  A professional arbitrator might frequently encounter cases seeking the return of unearned monies and see an area of dispute about facts and seek to help justice be served even if a reputation for justice is won which will lose such an Arbitrator future income from powerful clients. Here we clearly see criminal intent by re-writing a $3,000 invoice for $8,325.90 which alone is a Class C Felony. If the Respondent had not brazenly re-written the invoice for nearly triple the worth with no additional documentation, 18 months after all work ceased, for greed alone, we would not be here.  People in positions of unwarranted power caught in brazen avarice should face their actions even if they are cleaning the world of contaminants.

On December 2, 2015, the Respondent filed in Superior Court the Motion to Stay Proceedings Pending Arbitration and attached Exhibit 1 (C-4 pages 10-20) which the Respondent called “The Agreement” in Superior Court documents.  This agreement was signed December 3, 2013, along with the retainer check of $8,000. The Respondent received the retainer on December 9 (C- 1 end of first paragraph).

Exhibit 1 is attached to the Agreement (C-4 pages 10-20) part of which outlines the Respondent’s proposals or “Scope of Services” (C-4 pages 10-14). The Agreement also includes some of the email communication and negotiations that brought us to the $8,000 retainer (Pages 18-20 of C-4, NB page 18 portion underlined by the Respondent).

By the time Task 1, the Remedial Action Plan or RAP (C-6) was prepared (February 2014) the Claimant and Respondents knew it would not be filed with the Connecticut DEEP and all plans for work had ceased. The March 6, 2015 invoice (over a year after all work was stopped) charges $463.50 for the RAP, Task 1 on page 3 of C- 2.  Agreement C-4 page 14 states “Task 5: Reporting and Project Management Upon completion of Task 2 (emphasis mine) HRP will prepare a Remedial Action Report…”  Task 2 is Remediation Oversight and there was no remediation hence no oversight. So charges for Task 2 and Task 5 are suspicious.

The bulk of the March 2015 invoice, $3,267 of the $3,445.84, minus an unexplained “Professional Courtesy Discount”, is charged to “Task 05 Reporting,Product Managemnt & SEH Filing” C- 2 top of page 4Claimant – 1 September 5, 2015, invoice charges $3,387.55 for “Additional Approved tasks” which might be considered a similar figure if not for the unexplained discount and three bullet items that appear nowhere else.

First of the bullets is the “SEH Reporting Requirement” without explaining the charges. Secondly is “Tailoring public notice letter with well questionnaire and review of responses”.  If that means emailing me the language of the letters I sent, and then receiving the responses when I mailed them back to the Respondent then yes, they did that in December of 2013, 21 months earlier.  Details of my work are registered in C-7 Edited Emails and copies of the mail receipts are in C-6 pages 12-26.  I did the work and was charged by the Respondent $1,269.05 for “tailoring” and “review of” my work.  The final item, “review of your correspondence with the CT DEEP” was $830.  I emailed the Respondent a copy of a two page letter I sent the DEEP and apparently the Respondent read it.

Suspiciously the bulk of the charges in the September fraudulent invoice are Tasks 1 & 2 ($4,938.35) but in the March invoice nearly the entire invoice, $3,267.00 minus a mysterious discount, is “Task 05” (C- 2 the very first line of the last page). Compare $463.50 the RAP charge in March with $2,376.16 for the RAP in September “and review of Completion Investigation Form status”.  If $463.50 is the charge for the RAP it sounds like I am being charged the difference between those two figures or $1,912.66 for “review of Completion Investigation Form status” or looking at the returned questionnaires.

A detailed comparison of both invoices shows a myriad inconsistency worth ridicule but not serious consideration.  The Respondent is not engaged, out to lunch, on autopilot, lazy but greedy.  Neither invoice is intended to be examined. Rather they were written for any amount higher than the retainer, a slammed door, believing everything will be soon forgotten and there is no penalty for fraud in their company.

Beyond the fraud and the negligence, there were problems with the work that was contracted.  The February 2014 26 page and unusable RAP (C-6) contains serious errors. For several years and through countless proposals and estimates, with a two year deadline approaching, I believed that I could complete one of the two HRP required projects.  In 2002 an amount of lead EPA guidelines classify as “reportable” was detected in a soil sample.  I convinced HRP that I could use my own workers to “remediate” the “contaminate” and put it in a covered barrel while HRP sent samples to a lab. This would save me some $40,000 from previous HRP project estimates. On December 3, 2013 the main issue was that the Respondent supervise my workers who were not trained in handling lead. See C-7 the part about what Scot and I “envisioned” at the end of page 3 onto page 4.

The area to be remediated in the “final” RAP C-6 page 11 (in pink) if drawn to scale is, as email confirms, 10 x 10 feet but there is an area marked out by the HRP Geologist Mark Gaugan in a five minute visit as approximately 5 feet square

Most definitely NOT 10 ft x 10 ft.

Most definitely NOT 10 ft x 10 ft.

 photo. In the March 2015 invoice I was charged $444.16 presumably for the hour round trip it took the geologist to mark out the area, including $14.11 travel expenses and some suspicious word processing charges.

Claimant 7 Edited Email page 3 we have a detailed explanation of the estimated charges from Scot Kuhn: “Our revised  Task 3 cost to prepare the required notice, coordinate and work with your contractor, supervise the excavation, collect confirmation and waste characterization samples, and provide you and your contractor with the results would be reduced to about $8,500.  You (or your contractor) will be responsible for the site structures, utility markout, excavation, backfill, pavement restoration, transportation & disposal of soils.”   Absolutely none of what is listed above was begun much less completed except the notices, which I did.  When I signed the Agreement C-4 page 17 I hand wrote “as explained in email”.  The above passage was the explanation I had in mind.

The email the Respondent included as the Agreement, C-4, bottom of page 18, covers the day the agreement is reached, and as such shows I am immediately “disappointed” that work will be postponed for reasons previously undisclosed despite years of planning.

HRP has been involved with this property since contacted by Eugene Luciano in 2002.  Mr. Luciano has since deceased, but he told me he spent $20,000 with them.  They prepared Phase I and Phase II reports for Gene and I had previously contracted with HRP for the final Phase III, for which they were paid. The disputed $8000 retainer was paid toward finishing work recommended in Phase II and Phase III which I expected to begin work immediately.  Not coincidentally in August of 2010 I paid $3,000, the following month $3,300, and in February of 2012, $3,100.  The $3,000 figure stuck with Scot Kuhn when he was writing my invoice in March, 2015.

I assume the Project Manager’s .75 hours for this work is carefully documented but 2 hours of word processing is suspicious.  The Markout was time charged to the Geologist, presumably the five minute visit in December 2013, and represents 1 hour at $140 and the only on-site visit and so word processing has no explanation. The fraudulent September 15, 2015 invoice charges $814.11 for “Site Markout” with no mention of word processing.

Claimant 7 email shows that I prepared and mailed certified letters and public notices.  The final page of the C- 2 March invoice charges me a total of $1.55 for postage and reproduction but the Respondent claims more than 7 hours of word processing.  C-6 the 26 page RAP’s final 14 pages contains copies of some of the documents I prepared and sent. If the Respondent acknowledges the existence of the March 2015 invoice at all certainly the Respondent will then explain over 7 hours of word processing charges when they produced a single 26 page document that has only three pages of word processing, C-5 pages 5-7. The rest is copy and paste of previously prepared and already paid-for documents on file with the Respondent.  The September 2015 invoice purports to detail what was done on its final page “Tailoring public notice letter with the well questionnaire and review of responses” for which I was charged $1,269.05. There is no specific claim of word processing in the September fraud.

Through the Freedom of Information Act I received invoices from my Torrington Mayor’s office about a news item in 2014.  Our town hired HRP to “clean up” an area to be used as a 41 space parking lot which the town bought for the amount of one dollar.  After spending $787,347.64 with HRP it became apparent that the town needed an additional one million dollars, or more, for HRP to finish.  Attached is a copy of some of the accounting which shows Management logging 50 hours, geologists over 200 hours and word processing hardly 5 hours.

Regardless how the Respondent counts the charges against the $8000 retainer there is significant fraud evident in the invoices presented.

No information to which the Claimant is party in this arbitration is confidential or privileged.

I request from Arbitration a specific comparison and a characterization of the two fraudulent invoices Claimant 1 compared with pages 3 and 4 of Claimant 2.

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God Willing We Will Move On

It is as though classes of people, a majority of all people of every class, care more about truthiness than truth, about disparaging others than facts, about their superstitions and other irrational beliefs than justice and equity, and about finding simple but unworkable solutions in the interest of feeling better. Partisanship and irrational religious faith seem to teach people that the truth is black/white, hot/cold, yes/no when the truth is infinite. The portraits and characterizations of people in Hillbilly Elegy and other social generalizations seem to overlook the fact that anyone can see past how they feel about a person or situation and instead examine them or that situation more deeply. God willing the people of earth will start to move in that direction one day.

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Gun Control… Yeah … Right

If making guns illegal will stop gun violence they should make drugs illegal too.

If we did not have the Second Amendment Right to Bear Arms there is very little doubt no one would have guns.  Sokay, tho, the citizens of many countries have no guns.  I am not arguing we are better off or worse off because we have guns.  I can get a permit, go to the range or out in the country, and shoot a gun.  In other countries the citizens cannot.  I am freer, in this way, than the citizens of other countries.

Because I have a constitutional right to bear arms which means I can have a gun in my home and that does not break any laws.  Whether or not that gun is registered, stolen, dangerous, whatever, all of that is immaterial.  I have the right as a citizen of the USA.

If I use the gun, however, then all kinds of laws might be broken.  If I remove the gun from my property I might break even more laws.  A gun permit allows me to have a gun that is not on my own property without breaking a law.  The reason for the permit, as is the reason for every license or permit, is to be sure I can safely use the firearm and the government can get money to administer and register and keep some kind of control over my transportation of my firearm.

In order to buy a firearm there are several laws in place to regulate that.  We have already established that I cannot transport a firearm without a license.  And obviously it is illegal to buy an unregistered firearm, like from a guy on the street.  So with very, very few exceptions the only place I can buy a firearm is from a licensed firearm dealer.  That’s okay, there are lots of them.  These dealers are licensed which means they too need to be safe and follow lots of rules, and pay money to the government oversee their compliance.

So if I want to buy a firearm I can because I am an American citizen.  However there are laws.  No one can sell me that firearm unless they are a registered dealer (with very, very few exceptions).  If a dealer sells me an arm that dealer is required to do a background check on me.  If I have a permit then I have had a background check.  If I do not have a permit then the dealer will not allow me to remove the firearm from his premises.

So if I wanted a gun in my home I could buy a registered gun from a gun dealer (having passed a background check which can take several days) and have someone with a license transport it legally to my house.

 

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The Discussion We NEED is not on Facebook

Everyone says we should be civil, until someone says there is lack of scientific support for, well, you name the environmental or political cause…. the economics of welfare or health care, human caused weather, the abridging of rights and freedoms by laws, government flunkies, and power hungry case workers…

Well made civil argument is what we need. Name a cause and listen to BOTH sides to find out, for example, there are no illegal immigrants, 5 European and 8 Latin American countries and legalized ALL drugs, concrete in cities causes more warming than CO2, organic foods, drilling, lead in water, fracking, coal, ethanol, pesticide pollution, Monsanto, Environmental Professionals, polar bear populations, clean sewers…

All sides are simplifying all arguments. No one can listen to an argument without taking a side and we need to listen to the arguments. Vote for Hillary.

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Jesse and Sarah McIntyre: Embrace Yourselves.

Jesse and Sarah McIntyre  found all kinds of very old information about me and post it in the Comments section of the Hartford Courant. jessensarah

Strange to see stuff like that. In the dozens of Small Claims cases I have filed in 20 years of business I have lost two, and more than ten years ago, and they found them and posted details. Also, in 1999 I had trouble with the IRS and this guy posted details, all of this without dates.

I found information about them as well.  But I am not like them, don’t want to post anything I don’t know personally.  I do know from personal experience these people are jerks, and that Jesse is fat.  Well, I am going by his picture.

I post this as an informational incentive to everyone to remember what you do and embrace it.  When you are sued, or when you sue someone, the details are dull, but the name of the suit and who won, well, that is memorable.  I was charged with crimes, name in the papers, all of which I won in court.  I am suing HRP Associates LLP right now.

I am not a lawyer, and I might not win, but that just means bigots like the McIntyres who are writing in support of Donald Trump in the comments section of the Courant can throw unrelated details of my life in front of those who are reading.

Which is my point about Donald Trump.  Critical thinking doesn’t mean anything to his supporters like the McIntyres, Ad Hominem arguments, impeach the source, if he said the sky is blue that means it is green.  If Donald will pay for their legal defense they can kill someone.  It is just a strange world we live in where people report the facts but not the character, impeach the source but not consider the argument.

We can all be right or wrong, but we all need to embrace ourselves.  I am who I am, and I consider the argument, not the person making them.  In this case the argument is the people making them, and these McIntyres have proven themselves bigots and sleeze buckets.  I will only post from my personal experience of them here.  But others can find out more about them just as they found out about me.

Here is what they said about me: “Oh boy, Kent has been a busy guy. Sooooo Kent, like many of you socialist minded idiots, you don’t always show your full hand. You shoot your mouths off with some sort of self righteous opinion and become intolerant of those with differing opinions.
So here’s the deal ladies and gentlemen, Kent thinks Bernie’s idea of taxing people at 90% is a great idea. So it’s kind of ironic that he would support that idea but not pay his own taxes.
Tell us about the 13 IRS liens you have against your property. Geez, one of those liens is for $21k. I guess paying taxes is a good idea as long as it isn’t you. Hypocrite much Kent? Cute.
Also, tell us about the lawsuits that Bazzano and Beyer filed against you and won. Guess you don’t like paying back your friends, when they loan you money, either.
Yeah, you’re a stand up guy. Freaking winner right there.”

I am done.  Up to the McIntyres now.

 

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El Chapo Guzman and Al Capone; Martyrs?

chapone

Only when addiction is a mental health problem and not a criminal justice problem will we stop the canonizing of gangsters. I suspect the personalities of gangsters are similar to money-grabbing businessmen than the saints who change the world by their personal sacrifice, but I do not know any gangsters so I can’t say.  It is clear that Al Capone was martyred to bring us the local package store.  His last words “You can get more with a kind word and a gun than you can get with a kind word alone” do not compare with other famous martyrs like Nathan Hale or Bob Marley’s “money can’t by life”. Capone’s life work and lasting influence on the world is substantial nonetheless.

El Chapo plays the game as the government does and when he loses, another Capone will step up until the US educates and treats the addicts who will kill and die for what el Chapo sells.  Putting people in jail hasn’t worked so far.  Other countries have legalized all drugs but controlled their use through Health and Human Services, not criminal justice systems.  Such a control would solve a big part of our border security as well and allowing a large portion of our society to stand up and tell the world about the drug problem without fear of prison.

It would take a concerted effort, a grand public education campaign to bring the American public to the factual realization that an illegal drug is a drug after all, and drugs are sought out by everyone.  Our legal drug trade and our illegal drug trade are very similar in that people want to buy drugs enough to pay huge amounts of money and make those who trade in drugs very, very rich. Every one of the top 25 pharmaceutical companies made more money that El Chapo Guzman in 2014 and every other year..

Alcohol and marijuana have both been demonized by governmental and societal powers that be over the ages.  No one can say if it is a good thing or a bad thing that people are more free to drink alcohol and smoke marijuana today than they were in the 1960s.  By any measure life has gotten less free in the USA since then, however.

Public education and reasonable thinking have brought acceptance of the reasonable existence of those two formerly illegal drugs to a majority of Americans.  Many of us recognize that the lying, conniving government has much of its power over people, especially poorer people, with their control of drugs, prostitution and gambling.

Generally those who have less contact with the Police and the rest of the government accept the inevitability of drugs and have seen the disaster of addiction, and the rest of us haven’t.

 

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THE IRS, it’s T.H.E.I.R.S.

Getting an early start on all the business taxes this year, State and Federal monthly and quarterly wage withholding( 940 and 941) , State Unemployment “insurance” (see below) and Federal Unemployment  Tax FUTA and , Sales tax, Business entity tax (which has two parts I can never remember the second part), The W-4 and the State W-4 of course.

My fav is the “Internet Quarterly Tax and Wage Report System” for which my business owes $23 this year, but if it is late there is a $25 penalty.

More taxes?  Well of course, the income tax and property taxes for those of us lucky enough to have property.  Just about everyone gets a car tax to pay.

I have been thinking about the difference between a tax and a mandatory insurance.  There is none.  It is the same system we have for health care insurance, you can buy all different plans, but you have to buy one.  Like car insurance, you need to have it or you are in violation of a couple laws, or a couple dozen laws, probably.

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Testosterone Hormone Replacement – A case history

I was feeling lethargic but I know enough to NEVER say the word “depressed” to a health care professional.  I read that very low doses of a central nervous system stimulant can do wonders for a man my age, but of course no doctor wants to prescribe such a thing.  They are “dangerous” and I might hurt myself.  I mean, 40 years ago I would take everything, methamphetamine, cocaine, Dexedrine…  I liked them.  Then I became a religious fanatic for about 30 years and didn’t take anything at all, not even a beer.

I find it really just stupid that I can’t buy drugs myself but rather have to get an appointment with a professional who will evaluate me and decide for me whether or not I can try a drug.  If I wanted to abuse drugs I would go to a bar or a park to look for drugs, not a doctor and a pharmacy.  Sure we need to control drugs, but someone who has no history of drug abuse and wants to see if a drug will make me feel better just can’t.

Some people believe the hype and are afraid of drugs.  But the very reason for drugs is that they make people feel better.  We all want to feel better, and it is okay to try a diet of maple syrup, lemon and vinegar but not any extract of the coca plant found in Peruvian mountains.  I have been to Cuzco, Peru, where they sell candies made with small quantities of coca, and simply everywhere there is a tea made with the leaves to help with the altitude sickness.  I think I still have the T-shirt that says, in Spanish the coca is not cocaine.

I am not deluding myself or others about the dangers of drugs.  Perhaps the only thing that saved my life from drug abuse is the fact that I do not like pain killers and sedatives.  I like beer and liquor in the right situation, but I don’t like to get drunk.  I do like very mild stimulants like nicotine and caffeine.  I liked cocaine too when I was in High School and I liked the tea they gave away in Cuzco.  But try getting a doctor who will let me try a stimulant.  I told all of this to a few doctors and was offered no help.  One Nurse Practitioner suggested I see a psychiatrist or clinical psychologist who can prescribe stuff.  Soooo, I looked.  I really did.  I left voice messages at several places and they must be horribly busy because they did not call me back.  So a few weeks later I did it again, and talked to one receptionist who said the next appointment would be in six months.  Another said they did not take my insurance, which is the best in the world.  I tried to call back and say I would pay cash, but had to leave a voice message.

My internist suggested a testosterone therapy and gave me a phone number.  Easy, more than easy.  Very quickly I got an appointment and the adventure began.

 

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