Tuesday, June 21, 2005


Eugene Freudenberg (1900-1956) in 1925 wearing his American Railway Express Company uniform. Photograph from the collection of Ralph Freudenberg (1903-1980). Posted by Hello

Sopie Marie Olsdatter (1852-aft1910) to Maria (Mae) Elisabeth Winblad III (1895-1987) on January 15th, 1910. "Miss Maria Winblad, New York. Dear Niece Marie, Aunt Sofie would now like to send you her and Grandfather's New Year's greetings and everything good in this year is wished to you; greetings to Tony." Posted by Hello

Sopie Marie Olsdatter (1852-aft1910) of Farsund, Norway to Salmine Sophia Severine Pedersen (1862-1914) of Jersey City, New Jersey, USA: "A little post to you from your sister, stay well. Our most beloved dear Salmine and family, now when Sofie shall travel on Saturday, she will be kind and go to you and bring regards from your dear father and sister, I have no address, as I get the letters in return, got a letter from Lina 8 days ago, she is good and sound and has visited you, sister, and she said you were in good mood and happy, yes God helps you and your people, so that you still may come to see your old father he is pretty well and was glad he heard that Lina think about a trip home, together with you if everything goes well, with the help of God, we live well, have no suffer. Marie Klungeland is a candidate for confirmation October 6th. You John get regards from Malla Bekkevig Liva mm (with more). Dear be careful so that you once again can see old Norway, Lina wrote that she had a good time by Inga it was so nice, we have had a cold summer so we have had fire in the stove all the time, you shall get letters when I get A?a, love from father sister." Posted by Hello

Postcard from Otto Olson (1858-1921) postmarked December 24, 1908 in Chicago, Illinois. It reads: ?Mr. John Winblad, 437 Wayne Street, Jersey City, New Jersey, We thank our God, that we're not homeless this Christmas, in snow and storm and slush. Merry Christmas and Happy New Year from your affectionate brother, Otto Olson" Posted by Hello

Richard Arthur Norton (1958- ) trip to Chicago, Illinois for Jensen family reunion from June 18, 2004 till June 21, 2004

Richard Arthur Norton (1958- ) trip to Chicago, Illinois for Jensen family reunion from June 18, 2004 till June 21, 2004

My great-grandmother was Salmine Pedersen. She had two siblings that emigrated to the United States from Farsund, Norway with her. They were Otto Olson; and Lena Olson. Lena and Otto took as their family name "Olson" since they were the children of Ole Mathia Pedersen. Salmine took her father's name "Pedersen". In Norway there were no family names, you were the "son of Ole" or Olson; or the "son of Peder", a Pedersen. Some chose to spell son, "sen", others chose "sen". Otto and Lena left New York City and went on to Chicago, Illinois. Salmine stayed in New York City because her husband was a merchant seaman and he had to live by the ocean.

The last people from Salmine's side of the family to visit Chicago were: Otto Perry Winblad (1902-1977); his sister, Maria Elizabeth Winblad (1895-1987); and Maria's two oldest children: Selma Louise Freudenberg (1921- ); and Naida Muriel Freudenberg. They drove to Chicago in Otto's car from New Jersey. Otto loved to drive, and he enjoyed visiting relatives living in other states. The year was 1929, just before the Great Depression. Naida wrote a fictionalized account of her trip and it was published in the Jersey Journal of Jersey City, New Jersey. Their host in Chicago was Leif Jensen. He was the son of Lena Olson. Lena had married Andrew Havig Jensen (1860-1930). Leif also took Otto and Maria to visit Osborne Titaman Olsen who decorated ceramics and trimmed them in gold leaf. Everyone was given a piece of ceramic to take home. Selma was given a salt and pepper shaker and a small animal covered in gold paint. She still has them. It is not known what happened to the other pieces given to the other family members. On the same trip they drove up to Williams Bay, Walworth County, Wisconsin where Lena and her husband had retired. All my mom had remembered was that they visited a guy named "Ossie" who gave her the salt and pepper shaker, and that they had visited a guy named "Leif Jensen".

I knew that Salmine had siblings because I had found her in the 1865 Census of Norway living in Farsund. My grandmother, Maria Winblad, had always told me that the family was from Farsund. The breakthrough in realizing that they had emigrated to the United States was a single postcard from 1908 archived by Maria Winblad in her photo album. The album was archived by her daughter, Naida and was passed down to Naida's daughter: Susan Penny Van Deusen. The album was decomposing, the black paper was brittle and crumbeled to the touch. I removed all the photos and wrote in pencil on the back who was in each photo with the help of my mother. I copied each photo onto 35mm film and then scanned each one and distributed copies to every interested family member. In 2004 I looked at the postcards again, and realized that one in Norwegian said: "Mr. John Winblad, 437 Wayne Street, Jersey City, New Jersey, USA, We thank our God, that we're not homeless this Christmas, in snow and storm and slush. Merry Christmas and Happy New Year from your affectionate brother, Otto Olson". It was postmarked in Chicago on December 25, 1908. Roger F. Thauland who I found on the Internet did the translation. Then he did something amazing, he looked through the Illinois Death Index and the and found three potential matches for Otto. He then looked at the microfilmed certificates and found the one that matched the birthday I had for Otto. I was stunned that all the information had matched. He then asked somone else who worked at a library to find his obituary. I then worked the phones until I found a living descendent. They may have told me that there was a Lena in Chicago, or I may have asked Roger if their was a "Leif Jensen"

75 years later, I, Richard Arthur Norton went to the same family reunion. They have been having them almost every year since at least 1929. I stayed with the Pletchers near Hinsdale. The Pletchers both work for Encyclopedia Britannica. Saturday was the reunion picnic, Sunday was brunch with the Pletchers, and Monday I went to the Art Institute and saw a show on pointilism.

My first day in on friday I visited a descendent of Otto Olson, then took a train to Hinsdale.

Wedding of Eleanore Margaret Jensen (1897-1987) and Mahlon Edward Shanahan (1900-1993) in 1925 in Chicago. Photograph from the collection of Sandra Elaine Shanahan (1935- ). Posted by Hello

Wedding of Daisy Jensen (1892-1986) and Francis (Frank) Joseph Woods (1891-1972) in 1918 in Chicago, Illinois. Standing from left to right are: Leonard Jensen (1887-1979); Eleanor Margaret Jensen (1897-1987); Alvin (Ab) Jensen (1900-1986); and Eleanor Strache I. Sitting from left to right are: Eleanor Strache II; Francis (Frank) Joseph Woods (1891-1972); Daisy Jensen (1892-1986); and Ann Caro (1910-1968). Photograph from the collection of Sandra Elaine Shanahan (1935- ). Posted by Hello

Leif Jensen (1886-1955) circa 1915-1920 in Chicago, Illinois Posted by Hello

Andrew Havig Jensen (1860-1930) circa 1920 in Williams Bay, Wisconsin Posted by Hello

Sunday, June 19, 2005


Selma Louise Freudenberg (1921- ) on her 80th birthday in 2001 Posted by Hello

Image of Sara Ann Norton (1991- ) from 2000


Sara Ann Norton (1991- ) in 2000 Posted by Hello

Christine Six (1961- ) testimony of her adoptive mother

The following is written by Christine's adoptive mother who resides in Quaker Hill, ConnecticutCg

[Christine's] story was a complicated one. She was her biological mother's fifth child. The young mother of four children left them with her husband, came to our corner of the world, had a relationship with a man other than her husband, and consequently, gave birth to Anita. Soon after the baby was born, the mother was hospitalized with a nervous breakdown. We were told that she had a difficult time deciding what to do about [Christine] ... As for her biological background, [Christine] was always curious. When she was little, she would describe to her friends her "other mother" as being big and wearing long skirts down to her feet. She also fantasized about having no fewer than nine sisters. When she reached the age of eighteen, [Christine] contacted Catholic Charities about finding her biological mother. She knew what I told her, and she learned a little more from the agency; however, she did not seriously pursue the matter, stating she was afraid of what she would find. [In 1996], I received a call from the state youth service agency stating that it had a matter of some importance to discuss with [Christine]. When I called my daughter, ever the physiologist, and gave her the message, her immediate reaction was, "Oh, my God, someone wants my kidney!" It greatly amused me, and I made the counter suggestion that someone might have left her a million dollars! At any rate, when [Christine] contacted the agency, she learned that she had a younger sister who wanted to find her. This child, born three years after Anita to the same mother, but a different father, had also been adopted, and although she had learned of the original four children as well, she confined her search to Anita, and in a very short order, Anita was on the phone to Joanne, her new-found sister. They planned to meet when [Christine] came home for [her brother's] college graduation the following weekend. At my urging, Joanne was invited to come to the graduation party on Sunday. I would have loved to have witnessed the meeting of the two girls on that Friday afternoon...

Sara Ann Norton (1991- ) memoir from 2004

Family:
My family is an odd bunch. I have one younger brother, Daniel Norton, who is ten. I also have one younger step-brother, Ethan Kravitz, who is nine, and one younger step-sister, Hannah Kravitz, who is five. I have a mom, Anita Malootian, and a dad, Richard Norton. I have a step-dad named David Kravitz and a bunch of pets. I have two cats, Zenith and Tic-tac, a dog names Joshua, a snake names C.C., and my step-brother Ethan has a hamster named Rosie. I have two uncles on my mom’s side. I have an uncle Rob who is my mom’s younger brother. Uncle Rob is married to Aunt Erica. My other uncle, my mom’s older brother, is named Uncle Tim. Uncle Tim is married to Aunt Tracey. They have three kids, Tyler, Taryn, and Terysa. Both my mom and her two brothers were adopted by my nonno (grandfather) and nonna (grandmother). My nonno’s name is Markay Malootion, or Mark for short, and my nonna’s name is Anna Malootion. On my dad’s side, I also have a grandfather and a grandmother. We call my grandfather Pop-pop but his real name is Tom Norton. Selma Norton is the name of my grandmother, but we just call her Nanny. My dad has an older brother names Tom and an older sister named Judy. Judy is married to Uncle Paul. Neither of my dad’s siblings have children. My family has many traditions. One family tradition is that I go to my nonna’s and nonno’s every Christmas. We always drive up to them through hours of traffic just to see them for the holidays. Another big tradition in my family is that every Tuesday at my mom’s house it is family dinner night. We all eat dinner and talk together on that very special night. Also, every Sunday at my dad’s house we go to IHOP for brunch. I always get the same thing, pancakes with warm blueberry compote. Even though my family traditions may be a bit different then yours, I still love to carry them out.

About Me:
I get along pretty well with other people. I tend to stay away from younger children but when I do talk to them I get along all right. Although, I do get mad when younger kids don’t understand what I am trying to say. I also get along rather well with older people, but there is often conflict when adults start to think they are all superior. I get along really well with my peers but there are a few who I just hate and could never get along with even if I tried. Even though I do get along OK with others, I prefer to work alone so that I can make sure everything is exactly how I want it to be. However, I don’t mind getting a little help from others every now and then. Even though I do prefer to work alone, I still have a lot of friends and a few very close friends. I don’t really think of myself as a “crowd follower”. I think I am more independent. I prefer to work at my own pace and I like to do things my way, not anybody else’s. When I run into problems I tend to handle them by taking control of the situation and staying on top of the problem. I have quite a few activities I like to do in my free time. Some of my favorites are horseback riding, swimming, and being with friends. These are all extremely fun things to do. My favorite time of day is around early evening and late at night. Sometimes so late that it is the next morning. That is the time I feel my best and most alert and productive. I only have one major phobia, arachnophobia. Whenever I see a spider I always force my brother, or even just some random person, to squish it. When I was little, whenever I saw a spider I would have nightmares and sometimes couldn’t sleep for days! In addition to being arachnophobic, I am also a little bit claustrophobic. I tend to stay away from small places, but it isn’t really a big deal if I have to go in a tight space. They just make me a little bit nervous.

Friends:
My definition of a friend has many different parts to it. First of all, a friend is someone who is always there no matter how mad they are or how big the fight was. A real friend wouldn’t just leave you if you needed help, even if they were really mad. A friend is someone you can laugh with and have a good time with no matter where or when. You should always be able to have a good time with your friend. A friend is someone you have known for a long time and you have a lot in common with. You can’t even talk to someone you have nothing in common with, let alone be friends with them. Not all friends are like this, but there are those few who are the perfect example of a friend. When I think of my definition of a friend, one person immediately pops into my mind, my friend Jenna [Stern]. The entire time I have known her we have only been in two or three really big fights and we have never stayed mad at each other for more that five minutes. I hardly ever get to see Jenna, but whenever I do, we always have a great time wherever we go. I have known Jenna since pre-school and we have everything in common. We like to do all the same things, we like the same music, the same type of book, we like everything the other does! I don’t know what I would do without Jenna; she is the perfect example of a friend.

First Allowance:
The day I got my first allowance was a day to remember, I was about nine years old on that fateful day when I received my first piece of currency. At that time, we were living next to a convenience store that had about three aisles of the sweetest candy you have ever tasted. I got $1.00 for allowance which doesn’t seem like a lot now but back then I thought I could buy a house with all that money. The first thing I did was to go to the convenience store and go straight to the candy aisles. I picked the biggest bag I could get for my dollar. On the way home I finished the entire bag. Even though it wasn’t a lot of candy, it still tasted great! From then on, every week when I got my allowance the first thing I did was to go to the convenience store and buy some candy. Now, I am older and I get more money for my allowance. I usually save it up or spend it on bigger things, but every now and then I still like to take a trip to the candy store and get some tasty treats.

What would you do if you won $50,000 and had to spend it one day?
Wow, I have just won $50,000! But how should I spend it? I only have 24 hours to spend every last cent. I know! I could buy a horse! I could buy a beautiful roan horse! That would only be about $10,000. But, if I got a horse I would have to buy tons of horse items. I would have to buy a beautiful leather bridle and a magnificent leather saddle to match. I would have to purchase horse food and a custom made halter. Only the best for my horse! That would probably cost another $6,000. So now I’ve spent about $16,000. How can I possibly spend the rest? I suppose I could spice up my room with all that money. The first thing I would have to do would be to hire some builders to build a small addition on to my room. I figure I will spend $16,000 on that. I would have to pay the builders up front so that I can spend the money in the 24 hour time limit. Of course, I would have to fill my sparse closet. I would take a trip to the mall and travel around a bit. I would take a look at the mall map and visit every clothing store there. I would have to restrain myself and make sure I don’t spend more than $1,975 on clothing. Then there is the matter of that one corner of my room that is always empty. I think I’ll get a nice $25 pogo stick to fill it up. I have always wanted a pogo stick! Now that I have the addition, I need something to fill it, so I think I’ll get the best big flat screen TV $2,000 can buy. I would also need to buy a brand new, high-tech computer. Of course, the computer would have to be flat screen so that it looks good with the TV across the room. I would order the best computer Dell has and would buy all the matching accessories. I would get speakers, a laser mouse, and a keyboard. I would also get all the best upgrades. The computer would probably be about $2,000 and the all the gadgets and knick-knacks would probably be about $6,000. But what do I do with the $6,000 I have left? I will donate it to trusted charities. I will give $1,000 to a charity to help stop child abuse, $1,000 to one of the charities that helps starving animals, and $1,000 to a charity that helps starving and sick children. The other $3,000 I would divide up and give to local collages, schools, and hospitals. I think that each charity would appreciate it; even though once it’s all divided up it isn’t a lot for each charity.

Where Fantasize to Live and What to be:
If I could live anywhere and anyway I wanted, I would live in Japan in a fairly small house, with a few airy rooms and only one floor. I really like Japanese style rooms and landscaping and I think it could be really great to live there. Even though in reality it is practically impossible to get any land in Japan, I would have a HUGE plot of land with my little house right in the middle. I would have fountains, flowerbeds, beautiful benches, and even one of those little ponds with golden fish in them. If I could be anything I wanted, I would be a vet for one of those “Animal Cop” shows. I think it would be wonderful to be able to treat all the animals that had been abused and neglected. I could just see myself taking care of all the wounded and dying animals. I would make sure that every animal was nursed back to health and found a new, loving home.

Rules:
Rules are meant to be broken. However, there are a few that you should always follow. The first rule that you should live by is that you should live life to its fullest. Otherwise life is just boring and not worth living. Another ruler to remember is to accept what like throws at you and move on. Lingering on what has happened doesn’t help with anything. Finally, the last rule that you shouldn’t forget is that good things don’t come to those who wait, so don’t wait around for everything to come to you. Instead, go and make things happen. Remember these rules; they are the precious few that should never be broken. These rules are not really “do” or “don’t” rules. One of the rules does actually say “don’t” in it while the other two do tell you to do something without actually saying “do this”. My rules would most likely work for other people. They are rules that everybody should follow in order to lead a successful life. They tell you how you should control your life and how to have a little fun every now and then. I think that they say I am one of those people who just take the bull by the horns and just lives life.

Wednesday, June 15, 2005

Selma Louise Freudenberg (1921- ) in the Paramus Post Society on November 17, 1957


Selma Louise Freudenberg (1921- ) in the Paramus Post Society on November 17, 1957 Posted by Hello

Staten Island Cops Grab 4 Youths, Girl On Dope Raps on November 02, 1969

Staten Island Cops Grab 4 Youths, Girl On Dope Raps
By Peter McLaughlin
News photo by Jim Romano

The proprietor of a psychedelic emporium called the Celebration of the Lizard didn't have much to celebrate yesterday. Thomas Norton, 22 was under arrest on narcotics charges. So was his girl friend, Sonya Atkins, 19 a clerk in the shop at 4844 Highland Boulevard, Great Kills, Staten Island. Cops on Staten Island were pretty busy combating narcotics Friday night. Three other young people were nabbed in two other incidents.

Own Two Dogs
Norton and Miss Atkins told police they live together at 79 Armstrong Avenue, a few blocks from the store. Also living with them are are two fierce-looking German Shepard dogs - a situation that posed a problem for police raiders. The cops had been keeping tabs on Norton since September. At 6 p.m. Friday, Detectives Gerard Arnta and Vincent O'Grady, armed with search warrants, started to make their move. But they wanted to make sure the dogs were 'hors de combat'.

Spot His Car
On their way to the Norton flat, they spotted his car in front of a grocery. The dogs were in the back. Norton came out of the store and the cops identified themselves. Norton graciously locked the dogs in the car and accompanied the cops to his flat. Miss Atkins was at home. In a garbage can, the cops said, they found half a pound of marijuana and 200 pills. In a women's cosmetic case they said they found a few ounces of a white powder believed to be heroin. Aruta and O'Grady picked up another suspect when they went to Norton's shop. In front of the store was Patrick O'Shaughnessy, 18, of 201 Montreal Avenue, Oakwood, Staten Island. They thought he was acting strangely and said they found some pot on him.

Source: New York Sunday News, Sunday, November 02, 1969, page 52

Daniel Thomas Norton (1993- ) on July 31, 2004 at Delaware Water Gap


Daniel Thomas Norton (1993- ) on July 31, 2004 at Delaware Water Gap Posted by Hello

Katherine Mary Norton (1894-1942) circa 1925 at the corner of Garfield Avenue in Jersey City


Katherine Mary Norton (1894-1942) circa 1925 at the corner of Garfield Avenue in Jersey City. Image from the collection of James Joseph Norton (1929- ). Posted by Hello

Friday, June 10, 2005

Kevin Borland

Punk guitar oriented band featuring guitarist Kevin Borland
Weekends With Dan is about making you laugh about the not-so-funny aspects of modern-day life. Weekends With Dan is not about politically correctness. Drummer Jeff McManus (formerly of Pist.On) and bassist Jim Frint (formerly of Descending Angel) provide the rockin' rhythm section for the group. Kevin Borland (formerly of Cleverneck) blasts out the punk rock melodies from a stack of Marshalls while singer Dan Damage (also formerly of Cleverneck) belts out lyrics that tell of eating disorders, sexual harassment, venerial diseases. Weekends' single "Anna Rexia" tells the story of Anna lost at the shopping mall. Dan suggests she's "standing somewhere sideways and I just can't find her." The song is a heart-wrenching tale of true love and a sound diet that will have you cracking up for a solid 4 minutes straight. Weekends is based out of Arlington, Virginia. There, you can catch Kevin's acoustic live shows nearly every Wednesday night at Iota Bar and Grill on Wilson Boulevard. The band is not currently touring, as they are currently working on recording the radio versions of "Anna Rexia" and "Sexual Harassment at the Workplace" at Big Blue Meenie studios in New Jersey. Anna will be officially released sometime in March, 2005. A full length LP is expected to be released towards the end of the summer.
Source: http://www.guitarsite.com

----

Battle of the Bands offers a good mix of tunes
Battle of the Bands:
The Finals
A Student Center Committee Presentation.
Lobdell Court.
April 6, 9 p.m.
By Dan Dunn
Night Editor

Battle of the Bands was another success this year, boasting a large and enthusiastic crowd despite the lack of advertisement. This year was strongly oriented towards original compositions, with three bands fighting for the best original band and only two finalists for the best cover band.

The first band for the evening, Shifty, was original. They started playing shortly after nine to a relatively small and low-energy crowd. The first songs got only polite claps, but as the set progressed, the crowd warmed to them, with the final song receiving rousing applause and yells. The band's songs were mellow and bluesy without stretching into protracted jam sessions. The guitar riffs were great; a couple of the solos called to mind a more full version of the ringing instrumentals that made R.E.M. great.

The second band, Hidden Agenda, was also original. This band is made up of MIT students with fairly strong individual musical talent. I expect that each of them puts on a good show, but their songs were too trite. Their music in some ways reminded me of the Ident-a-Rock bands of the early '80s; it was like 45 minutes of Air Supply, REO Speedwagon, and Kansas, but not nearly as catchy.

Still, their set list could have worked with a different style. But they had a more fundamental flaw: They lacked a stage presence. The singers were rooted in place, singing as if from a book. The lyrics seemed to be simply words that were belted out in sync with the music. The drums were there to set the beat; the guitar and keyboard were to set the melodies, and the bass was to back them up. But these elements never link up into a band: they never come together to perform for the audience.

The third band was a cover band called Strawdogs; they had the fire that Hidden Agenda lacked. Band frontman Wes Williams '96 opened the set with the comment: "The last time we played some people got arrested. Please don't hurt anyone." It was a fair request, because the set list was a hard-rocking crowd pleaser with a strong Seattle tilt: Stone Temple Pilots, Pearl Jam, Queensrÿche, Guns 'n' Roses, and a strong Metallica finish. Williams covered the songs well, but more importantly, he had an excellent stage presence that really got the crowd involved in the set. But the real star of the show was lead guitarist Kevin Borland '96, who handled the most intricate melodies with great skill.

The next band, the second and final cover band, was the big surprise of the evening. They called themselves Son BoriCuba. Trumpeter Fermin Garcia '97 described his band as an "Afro-cuban and Caribbean rhythm band." In the middle of the college/alternative music scene, you have to be a little shocked that a band with such a different style of music could succeed, but succeed they did. I only recognized one song, Santana's "Oye Como Va," but that didn't keep me from liking their sound.

This band relied on the performances of its lead singer and trumpeter. The singer was personable and energetic, and knew how to play to the large crowd on the floor and in the seats. Garcia not only played his pieces with precision and heart, but he doubled as an extra percussionist when not actually on the trumpet.

The thing that really made this band was their ability to make the crowd move. As you would expect, their fans were down in front of the stage cheering and dancing. But more importantly, people who had never heard them before could be seen toe-tapping and dancing around the room. These guys were clearly enjoying themselves, and they knew how to make the people in the crowd enjoy themselves as well. In the judges' collective opinion, this excitement was superior to Strawdogs set list, and they named Son BoriCuba the cover band winners.

The final band, Zed Bacchus, came on late, but were well worth the wait. They were very similar to Shifty, but clearly wrote and played at a higher level. Their music had stronger blues influence, and tended towards longer jams rather than songs. The lead singer, Eugene Chuang '96, had a mellow and engaging manner. His calls of "Oh, yeah!" brought the crowd to its feet over and over. And their talent was without question; halfway through the set, the lead guitarist and bassist simply exchanged guitars.

Unfortunately, the Campus Police and the Student Center Committee shut the event down in the middle of their set, at about 12:45 a.m. I would have loved to hear more, but I'll have to catch them at one of their performances at local venues, be they at the Middle East or the Tam. The judges agreed with me, and picked Zed Bacchus as the original winner.

Copyright 1995, The Tech. All rights reserved
This story was published on April 11, 1995
Volume 115, Number 17, Page 8
Source: http://www-tech.mit.edu/V115/N17/battle.17a.html

----

Weekends at Dans
Everyone at the bar stopped in their tracks and all eyes were faced at the stage when Weekends played their single "Anna Rexia" for the first time at a DC club. Everyone waited to hear the end of the story of Anna lost at the shopping mall in their amazing tale of true love and a sound diet!

Why this name?
Dan Damage and I played together in a New Jersey band called Cleverneck. When the band split up, Dan and I spent almost two years writing our best material ever. Since we lived several hundred miles away from eachother, most of the writing was done late-night over the phone, or in person, on the weekends. Hence, "Weekends With Dan."

Do you play live?
I'm doing a live accoustic set including some songs from Weekends at a club in Arlington, Virginia called "Iota Bar and Grill" on Clarendon Blvd. You can catch me there almost every Wednesday night at around 10:30 or so. When Weekends is done recording the radio version of Anna, we plan on playing together as a band in a series of live shows in the northeast.

How, do you think, does the internet (or mp3) change the music industry?
I think the internet mostly provides a new path to achieving the age-old goal of getting one's music out to as large of an audience as possible.

Would you sign a record contract with a major label?
It all depends on what the contract has to offer. Although the internet provides an incredible audience, major lables have the funding to bring music to an even larger audience, if they're willing to back you all the way.

Band History:
Dan and I came from the band Clerverneck in New Jersey. Our first show was on that fateful night when JFK Jr.'s airplane fell from the sky! We had a single entitled "Do Anything." Lately, we have recruited bassist Jim Frint (formerly of Descending Angel) and Jeff McManus (formerly of Pist.On) to make up our rhythm section. They will appear on the radio version of Anna, and on the upcoming LP, tentatively titled "12 Timeless Classics."

Your influences?
Roger Clyne and the Peacemakers, Frank Zappa, Social Distortion, even Skid Row!

Favorite spot?
Anywhere where I can string up a hammock between the palm trees!

Equipment used:
Ibanez all the way.

Source: http://www.soundclick.com/bands/6/weekendswithdan.htm

Friday, June 03, 2005

Thomas P. Norton v. Federal Trade Commission in July 1997

No. 96-1944
In The Supreme Court Of The United States
October Term, 1996

Thomas P. Norton, et al., Petitioners
v.
Federal Trade Commission, et al.

On Petition For A Writ Of Certiorari
To The United States Court Of Appeals
For The Eleventh Circuit

Brief For The Federal Trade Commission
In Opposition

Walter Dellinger
Acting Solicitor General
Department of Justice
Washington, D.C. 20530-0001

Stephen Calkins
General Counsel

Jay C. Shaffer
Deputy General Counsel

Ernest J. Isenstadt
Assistant General Counsel

Lawrence DeMille-Wagman
Attorney
Federal Trade Commission
Washington, D.C. 20580


Questions Presented
  1. Whether sufficient evidence supports the district court's conclusion that petitioners violated Section 5 of the Federal Trade Commission (FTC) Act, 15 U.S.C. 45, in connection with their marketing of greeting card display rack business ventures.
  2. Whether sufficient evidence supports the district court's conclusion that petitioners' business arrangements with their customers were "franchises" within the meaning of the FTC'S Franchise Rule, 16 C.F.R. 436.
  3. Whether the district court properly entered various orders designed to preserve petitioners' assets from dissipation

Although the petition refers to the Federal Communications Commission as the respondent, the agency that has been the party to this case in the lower courts is the Federal Trade Commission.

Jurisdiction
The judgment of the court of appeals was entered on October 29, 1996. A petition for rehearing was denied on February 10, 1997. The petition for a writ of certiorari was filed on May 12, 1997 (a Monday). The jurisdiction of this Court is invoked under 28 U.S.C. 1254(1).

Statement
Petitioners Thomas P. Norton, Jordan Ashley, Inc., Gold Coast Developers, Inc., and National Vending Systems, Ltd., Inc., were involved in the distribution of greeting cards through business ventures that they marketed to customers. For a payment of between $5,000 and $15,000, petitioners would supply their customers with an initial inventory of greeting cards and display racks. Customers were also informed that a professional locator service would assist them in finding suitable retail locations for the greeting card displays. Pet. App. 19a-20a. After receiving numerous complaints from customers about petitioners' greeting-card marketing ventures, the Federal Trade Commission (FTC) filed a complaint against petitioners in district court on November 16, 1993. The complaint alleged that petitioners had violated Section 5 of the Federal Trade Commission Act (FTC Act), 15 U. S.C. 45, by making false and misleading representations concerning the greeting card display rack business ventures that Patricia Riley, a petitioner in this Court, was not (as relevant here) involved in the business operations of the greeting card venture and was not one of the original defendants to the complaint brought in district court, but for simplicity we make no further distinction among the petitioners. 3 they marketed to customers, and the FTC's "Franchise Rule," 16 C.F.R. 436, by failing to provide prospective franchisees with disclosures required by the Rule. The complaint sought monetary relief for injuries suffered by customers as a result of the deceptive trade practices, as well as injunctive relief and the appointment of a receiver. On December 6, 1993, the district court granted the FTC's request for a temporary restraining order (TRO), appointed a receiver for the corporate defendants, and froze the defendants' assets. On December 8, the receiver, Linda L. Carroll, took control of the corporations' books and offices. In examining the corporate records, Carroll discovered the existence of a condominium purchased with funds from petitioner Gold Coast. She then performed a title search, which revealed that Gold Coast held title to the property, and seized and secured the condominium on December 13. On December 13, 1993, petitioner Patricia Riley, the wife of petitioner Thomas Norton, moved in district court that the TRO be modified, to permit Riley and Norton to occupy the condominium during the litigation. Riley contended that the condominium belonged to her, not to Gold Coast; her claim was based on a quitclaim deed from Gold Coast to her dated September 21, 1993. Riley, however, had not submitted the deed for recordation until December 9, after she learned of the TRO and the seizure of the corporate offices, and recordation had not been accomplished at the time that the receiver completed her title search. The district court held a hearing on December 15 and then denied Riley's motion, noting that the evidence established that the condominium 4 had been purchased with funds from Gold Coast. Pet. App. 46a, 48a-49a. 2. On March 8 and 14, 1994, the district court conducted a trial on the merits. The FTC presented testimony from four consumers regarding their experiences with petitioners, from petitioners' tax accountant, who identified tax returns for petitioners Jordan Ashley and Gold Coast Developers; and from the receiver, who described petitioners' corporate structure. The FTC also provided evidence regarding the volume of petitioners' business. Although petitioners cross-examined all the FTC'S witnesses, they rested their case without presenting any witnesses of their own, and without introducing any exhibits. See Gov't C.A Br. 10-11. On April 5, 1994, the court entered an order concluding that petitioners had violated Section 5 of the FTC Act and the Franchise Rule, and directing relief against petitioners.3 Pet. App. 10a-34a. As to the Section 5 count, the court ruled that the four consumer-witnesses' testimony, which was "characteristic of those who purchased [petitioners'] business opportunities" (id. at 12a), established that petitioners had misrepresented the business opportunities that they marketed to prospective franchisees. The court found specifically that petitioners' representatives would typically represent to investors that they could make substantial sums through the purchase of a distributorship, recouping the initial investment quickly, and that investors could depend on a professional locating company familiar with each. The court found that there was no real distinction among the corporate petitioners, and that all the petitioners had engaged in the actionable misrepresentation Pet. App. 11a. 5 investor's region of the country to obtain suitable retail outlets for greeting-card sales. Id. at 12a-13a. In fact, the court found, "[virtually all of these statements later proved to be false" (id. at 13a); the locating company usually failed to secure adequate outlets for the card racks and proved unwilling to find replacement locations, investors experienced greatly disappointing sales volume and earnings, and franchisees discovered other distributors in the areas in which they had been promised exclusive distribution rights. Id. at 13a-14a. The court also concluded, based on the same evidence, that petitioners' business arrangements with their customers constituted "franchises" within the meaning of the FTC's Franchise Rule, which requires "a franchiser to provide prospective franchisees with a complete and accurate disclosure containing twenty categories of in formation." Pet. App. 17a. Under the Rule, a business arrangement may be a "franchise" if (a) the franchisee sells goods or services identified with the service mark of the franchiser, and the franchiser gives "significant assistance" to the franchisee in marketing plans and promotional activities, or (b) the franchisee sells goods or services supplied by the franchiser, and the franchiser provides the services of a person able to secure retail outlets for rack displays. Id. at 18a-19w, see 16 C.F.R. 436.2(a)(l)(i) and (ii). The court found that the evidence introduced at trial satisfied both tests for a franchise arrangement, and in particular that petitioners "gave purchasers substantial assistance in operating their distributorships," and that petitioners "insisted that [customers] use a professional locating company specified by [petitioners] in order to select the locations for their [greeting-card] rack 6 displays." Pet. App. 19a. The court also found that petitioners required their customers to pay fees of substantial amounts, between $5,000 and $15,000, "in order to acquire their initial sets of racks and cards, without which they could not have commenced operation of their card distributorships." Id. at 20a. The district court granted injunctive relief and required petitioners to pay more than $9 million in redress. The court also continued the receivership and ordered the receiver to formulate a plan to satisfy petitioners' liability. To facilitate redress, the court" directed petitioners to transfer title to the condominium to the receiver. Pet. App. 20a-30a. 3. On appeal, petitioners challenged the entry of the TRO (permitting seizure of the corporate offices), Pet. C.A. Br. 18-34, the district court's denial of attorney's fees from petitioners' seized funds to defend the action, id. at 35-45, the entry of the injunction against a related corporation, id. at 45-48, and the seizure of the condominium, id. at 48-54. Petitioners did not, however, specifically challenge the factual basis for the district court's findings of liability under either Section 5 of the FTC Actor the Franchise Rule. The court of appeals summarily affirmed. Pet. App. 5a-8a.

Argument
Petitioners argue (Pet. 20-28) that the evidence does not support the district court's conclusion that they violated Section 5 of the FTC Act and the FTC's Franchise Rule. Those arguments, however, were not raised in petitioners' principal brief in the court of appeals, and, accordingly, have been waived. Taylor v. Freeland & Kronz, 503 U.S. 638, 644-645 (1992). The arguments are in any event without merit, as is petitioners' summary contention (Pet, 28-29) that 7 they were denied fair opportunity to present their case to an impartial court. Further review is therefore not warranted. 1. Petitioners contend that evidence presented to the district court did not demonstrate violations of Section 5 of the FTC Act and did not establish that the business opportunities they sold were "franchises" under the FTC's Franchise Rule. Pet. 20-28. The evidence presented to the district court, however, fully supports that court's conclusions. As to the violation of Section 5 of the FTC Act, the district court based its conclusions on the testimony of six witnesses presented by the FTC at trial, including four customers whose experiences it found to be "characteristic" of those who purchased petitioners' business opportunities. Pet. App. 12a. Those customers testified, and the district court found, that petitioners represented that an investor could expect to make substantial sums through a distributorship, often up to $50,000 per year; that an investor could recoup his initial investment quickly, within six months; and that each investor would have the right to operate as an exclusive distributor within his territory. "Virtually all of these statements later proved to be false." Id. at 13a. As to the violation of the Franchise Rule, the customer witnesses testified that petitioners' representatives assured them that "a `professional locating company' familiar with each investor's region of the country would find retail outlets suitable for card sales and willing to accept card display racks." Indeed, petitioners' representatives insisted that their customers defer to the locating companies in choosing retail outlets. The assurances of substan8 tial assistance from the professional locator service also proved false. Pet. App. 13a. Based on that testimony, the district court was fully justified in concluding that petitioners violated Section 5 of the FTC Act and the Franchise Rule. Petitioners argue, however, that the customers' testimony was based on vague recollection, that the FTC excessively prepared those witnesses for trial, and that the testimony was "tailored by the direct line of questioning by the FTC's attorneys," Pet24. Petitioners had ample opportunity to, and did, cross-examine each of the FTC's witnesses. None of petitioners' challenges to the witnesses' testimony demonstrates that any of the district court's specific factual findings was clearly erroneous, see Anderson v. City of Bessemer City, 470 U.S. 564, 573-575 (1985), or presents an important legal issue warranting this Court's review. Petitioners' contentions based on its summary of handwritten consumer complaints received by the FTC, see Pet. 22-28; Pet. App. 53a-54a, are irrelevant. The handwritten complaints were included with the evidence presented to the court in support of the FTC's motion for a TRO. The district court's final judgment, however, was based on the live testimony of witnesses at trial, and not on the TRO evidence. Petitioners were, moreover, flee to show at trial that the customers who testified did not have experiences that were characteristic of petitioners' franchisees, but they failed to produce any evidence to support their case. 2. There was also no error in any of the orders entered by the district court to preserve petitioners' assets pending trial. 9 a. Nothing in the Federal Rules of Civil Procedure or the two statutes cited by petitioners precluded the court from entering a TRO ex parte against petitioners. See Pet. 20-21, 28. Federal Rule of Civil Procedure 65(b) expressly contemplates that a TRO may be entered ex parte in certain circumstances. See Fed. R. Civ. P. 65(b) ("A temporary restraining order may be granted without written or oral notice to the adverse party or that party's attorney."). There is also no basis for petitioners' argument that Section 13(b) of the FTC Act, 15 U.S.C. 5303), precludes entry of such a TRO. Section 13(b) provides that, "in proper cases the Commission may seek, and after proper proof, the court may issue, a permanent injunction." The courts of appeals that have interpreted Section 13(b) have all held that it does not restrict the equitable powers of the district court, and that it authorizes the court to employ its full complement of inherent equitable powers when enforcing the FTC Act, including the power to grant provisional injunctive relief. See FTC v. Security Rare Coin & Bullion Corp., 931 F.2d 1312, 1314 (8th Cir. 1991) (rescission); FTC v. World Travel Vacation Brokers, Inc., 861 F.2d 1020, 1026 (7th Cir. 1988) (preliminary injunction); FTC v. U.S. Oil & Gas Corp., 748 F.2d 1431, 1434 (11th Cir. 1984) (asset freeze, appointment of receiver); FTC v. H. N, Singer, Inc., 668 F.2d 1107, 1111, 1113 (9th Cir. 1982) (rescission). Indeed, as this Court has explained, the comprehensiveness of the district court's equitable jurisdiction "is not to be denied or limited in the absence of a clear and valid legislative command." Porter v. Warner Holding Co., 328 U.S. 395, 398 (1946). No such limitation exists in the FTC Act. Accordingly, there can be no doubt about the district 10 court's authority to grant an ex parte TRO in a proper case. Nor does 28 U.S.C. 636(b)(l)(C) preclude the FTC from seeking an ex parte TRO. That Section provides that, when a matter has been submitted by a district court judge to a magistrate judge for a recommendation, the magistrate judge "shall file his proposed findings and recommendations with the court and a copy shall forthwith be mailed to all parties." Petitioners contend that, because the district judge referred the FTC's motion for a TRO to a magistrate judge, Section 636(b)(l)(C) required the magistrate judge to notify petitioners of his recommendations. Nothing in the language of Section 626 indicates, however, that magistrate judges must give notice in matters that a district judge could properly dispose of ex parte. See Eatable Greetable Products, Inc. v. Sweet Stop Inc., 627 F. Supp. 777, 779-780 (D. Mass. 1986) (noting that magistrate had recommended entry of ex parte TRO). b. Petitioners incorrectly argue they were entitled to pay their attorneys from funds frozen to preserve the possibility of redressing injured consumers. See Pet. 29. In fact, there is no such right. "Courts regularly have frozen assets and denied attorney fees or limited the amount of attorney fees." FTC V. World Wide Factors, Ltd., 882 F.2d 344,347 (9th Cir. 1989) (citing United States v. Monsanto, 491 U.S. 600, 614 (1989), and Caplin & Drysdale, Chartered v. United States, 491 U.S. 617, 626 (1989) (no constitutional right to use frozen funds for attorney's fees, even in a criminal case)). To the extent that petitioners suggest that United States v. Moya-Gomez, 860 F.2d 706 (7th Cir. 1988), cert. denied, 492 U.S. 908 (1989), entitles them to use frozen funds to pay attor11 ney's fees, Pet. 29, they misread that case, which held only that due process requires that an adversary hearing be held before the government "may by forfeiture continue to deprive a criminal defendant of assets to pay attorneys in a criminal case." United States v. Michelle's Lounge, 39 F.3d 684, 691 (7th Cir. 1994). c. Finally, there is no merit to petitioners' contention (Pet. 29) that the receiver's seizure of the condominium was unconstitutional because petitioners did not receive a pre-seizure or prompt post seizure hearing. In fact, the court held an adversary hearing on the matter on December 15, 1993, two days after the seizure. See Pet. App. 44a-50a. Further, as this Court stated in United States v. James Daniel Good Real Property, 510 U.S. 43 (1993): Unless exigent circumstances are present, the Due Process Clause requires the Government to afford notice and a meaningful opportunity to be heard before seizing real property subject to civil forfeiture. To establish exigent circumstances, the Government must show that less restrictive measures i.e., a lis pendens, restraining order, or bond-would not suffice to protect the Government's interests in preventing the sale, destruction, or continued unlawful use of the real property. Id. at 62 (emphasis added). Here, exigent circumstances justified the pre-hearing seizure of the condominium. James Daniel Good Real Property was decided on December 13, 1993, the same day that the receiver occupied the condominium. 12 property and books that were being hidden from the receiver and could have been destroyed. Pet. App. 46a. Further, by the time of the seizure, the receiver, who is obligated to protect the corporate assets, already knew that petitioners were attempting to destroy evidence and secrete assets. Id. at 45a. A lis pendens or bond could not have adequately assured that petitioners would not take such actions. In addition, petitioners were already subject to a restraining order and had violated it by withdrawing frozen funds. Id. at 46a-47a. Thus, the seizure of the condominium did not deny petitioners due process.

Conclusion
The petition for a writ of certiorari should be denied.

Respectfully submitted

Walter Dellinger
Acting Solicitor General

Stephen Calkins
General Counsel

Jay C. Shaffer
Deputy General Counsel

Ernest J. Isenstadt
Assistant General Counsel

Lawrence DeMille-Wagman
Attorney Federal Trade Commission

July 1997

Thursday, June 02, 2005

FTC prevails in fraudulent display-rack distributorship case on April 13, 1994

April 13, 1994
FTC prevails in fraudulent display-rack distributorship case; judge orders permanent receivership for company, orders over $9.1 million in redress
The United States District Court for the Southern District of Florida has ordered Jordan Ashley, Inc., Gold Coast Developers, Inc., National Vending Systems LTD., Inc., Thomas P. Norton, Christine M. Heller and Kelli J. Blasi to pay more than $9.1 million in redress to consumers. In November 1993, the FTC charged these defendants engaged in a variety of deceptive practices as part of a nationwide scheme to sell greeting card display-rack business opportunities. On April 5, 1994, following a two-day trial, the Court ruled in favor of the FTC, stating that the defendants misrepresented: 1) the earnings potential of the business opportunity; 2) the sales volume likely to be achieved; 3) the authenticity of references; 4) the exclusivity of, or amount of competition with, a purchaser's geographic territory; 5) the ease with which affiliated locating companies could find sales locations; 6) the suitability of those locations; and 7) the terms and conditions for replacing unprofitable locations. In addition, the Court found that the defendants violated the FTC's Franchise Rule by, among other things, failing to provide certain pre-purchase information required by the rule, including the factual basis for the level of earnings promised. In addition to ordering the defendants to pay restitution to consumers, the Court permanently barred defendant Thomas P. Norton from participating in the marketing or selling of any franchise or business opportunity, and has required him to post a performance bond in the amount of five million dollars before engaging in any telemarketing activities. The Court's order also enjoins Defendants Christine M. Heller and Kelli J. Blasi from making misrepresentations to any potential investor in a franchise or business venture and prohibits them from violating any provision of the FTC's Franchise Rule in the future. The judge has ordered a permanent receiver to take control and liquidate the assets of the corporate defendants and has ordered the receiver formulate a plan to distribute consumer redress. It has not yet been determined how much money will actually be available for consumer redress.

Jury convicts ex-exec of fraud on May 7, 2004

May 7, 2004
Jury convicts ex-exec of fraud
After a two-week trial, the government said a Fort Lauderdale jury has found the president of a failed California energy company guilty of a fraud the government said cost investors nearly $2.5 million. Defendant E. Douglas Mitchell was on trial before Federal District Court Judge James I. Cohn, the government said. The jury convicted Mitchell, who was the president of Los Angeles-based PowerSource Corp., of one count of conspiracy to commit wire fraud and mail fraud, the government added. Mitchell faces up to five years in prison and his sentencing hearing is scheduled for July 16. PowerSource was one of a host of "energy service providers" that entered California's newly deregulated electricity industry in 1998, the government said. "According to evidence introduced during the trial, Mitchell grossly overstated his company's financial condition, its number of customers and its profit potential," the government said. "He also made numerous misstatements during telephone conference calls with investors and failed to disclose negative information about the company." Mitchell, the government said, was president of PowerSource from 1999 until 2002. A financial scheme, the government said, used spam e-mail, a Web site and fraudulent telemarketing sales calls to lure in victims across the country. The investors reportedly bought $10,000 units in a series of limited liability partnerships that were supposed to finance PowerSource. However, the government said only a small percentage of the investment actually went to the company, while sales commissions immediately consumed 61 percent of the investment. Some individuals invested as much as $80,000 in the scheme for which the government has already received guilty pleas from six other people. Those people have been sentenced to prison terms ranging from one to five years, the government added. The government said:
* Thomas P. Norton, who operated a telemarketing sales room in Hallandale Beach, was sentenced to five years in prison.
* His wife, M. Patricia Riley, was sentenced to two years in prison.
* David M. Freeman, who worked in Norton's telemarketing sales room, was sentenced to two-and-a-half years in prison.
* Three California-based men also involved in the scheme, Ronald W. Johnson, James V. Miles, and Gary Spink, received prison terms ranging from 21 months to 41 months. Trial attorneys Barbara T. Wells and Patrick Jasperse from the Office of Consumer Litigation, United States Department of Justice, are prosecuting the current case.
Source: The South Florida Business Journal, May 7, 2004

US v. Thomas P. Norton, aka "Tom Riley" on May 29, 2003

US v. Thomas P. Norton, a/k/a "Tom Riley," David M. Freeman, E. Douglas Mitchell,
and
Patricia M. RileyandUS v. Ronald W. Johnson, James V. Miles, and Gary Spink (PowerSource, Premier, Paramount, Paragon, Pinnacle, Liberty Tel, Telcom Plus, UST)

Fraud Case
Seven individuals are facing federal criminal charges in connection with their alleged involvement in the sales of investments involving PowerSource Corporation, Premier Energy Group, Paramount Energy Group, Paragon Energy Group, Pinnacle Energy Group, Liberty Tel, Telcom Plus, TelCom West, TelCom East, and/or UST.
In United States v. Thomas P. Norton, a/k/a "Tom Riley," David M. Freeman, E. Douglas Mitchell, and Patricia M. Riley, No. 03-CR-20425-CR-COHN, all four named defendants were indicted by a Miami grand jury on May 29, 2003. Counts 1-2 charge Norton with wire fraud. Count 3 charges Norton, Freeman, and Mitchell with conspiracy to commit wire and mail fraud. Counts 4-8 charge Norton and Freeman with wire fraud. Counts 9-10 charge Norton and Riley with criminal contempt. Count 11 charges Norton and Riley with conspiracy to defraud the United States. Count 12 charges Norton, Freeman, and Mitchell with conspiracy to commit money laundering.

Defendants Thomas P. Norton (also known as "Tom Riley") and Patricia M. Riley are scheduled to go on trial on November 3, 2003, on charges of criminal contempt and conspiracy to defraud the United States. Defendants Thomas P. Norton, David M. Freeman, and E. Douglas Mitchell are scheduled to go on trial on December 1, 2003, on charges of wire fraud, conspiracy to commit wire fraud and mail fraud., and conspiracy to commit money laundering. Both trials will take place before Federal District Judge James I. Cohn at 299 East Broward Blvd., Fort Lauderdale, Florida.

In United States v. Ronald W. Johnson, James V. Miles, and Gary Spink, No. 03-20426-CR-MOORE, all three named defendants pled guilty on May 29, 2003, to one count of conspiracy to commit wire and mail fraud. Johnson, Miles, and Spink currently are scheduled to be sentenced at 10 a.m. on October 20, 2003, by Federal District Judge K. Michael Moore at 99 NE Fourth Street in Miami, Florida.

Court hearings are often delayed and these sentencing and trial dates might change.
Charges contained in the indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty it is to determine guilt or innocence.

Update 10/21/03
Five defendants have admitted that they defrauded investors by making misrepresentations and concealing important facts about the investment opportunities involved in this case:
• Ronald W. Johnson was sentenced on October 20 to a prison term of 3 years and 5 months. Johnson was the president of Power Capital Funding Group, which arranged for telemarketers to raise money on behalf of PowerSource. Johnson pled guilty to conspiracy to commit wire and mail fraud.
• James V. Miles was sentenced on October 20 to a prison term of 2 years and 6 months. Miles worked with Johnson at Power Capital Funding Group. Miles pled guilty to conspiracy to commit wire and mail fraud.
• Gary Spink was sentenced on October 20 to a prison term of 1 year and 9 months. Spink was the president of Power Capital Management Group, the initial managing partner of the four partnerships. Spink pled guilty to conspiracy to commit wire and mail fraud.
• Thomas P. Norton, also known as "Tom Riley," pled guilty on October 20 to wire fraud and conspiracy to commit wire fraud in connection with the California electricity business and an earlier scheme in which consumers invested in a company selling prepaid telephone service. The names of the entities involved in those investments included Liberty Tel, Telcom Plus, TelCom West, TelCom East, and UST. Norton operated a telemarketing sales room that made sales calls to consumers throughout the United States. Norton is scheduled to be sentenced at 4 p.m. on January 22, 2004, by Federal District Judge James I. Cohn in the central courtroom at 300 N.E. 1st Avenue, Miami, Florida.
• David Freeman pled guilty on October 20 to wire fraud and conspiracy to commit wire fraud in connection with the California electricity business. Freeman was a telemarketer who worked in Norton's telemarketing sales room. Freeman is scheduled to be sentenced at 4 p.m. on January 22, 2004, by Federal District Judge James I. Cohn in the central courtroom at 300 N.E. 1st Avenue, Miami, Florida.
In addition, Mary Patricia Riley pled guilty on October 20 to conspiracy to defraud the United States. Riley, who is Norton's wife, helped her husband try to conceal from the Federal Trade Commission that Norton was engaged in the business of telemarketing despite a 1994 federal court order that prohibited Norton from telemarketing without first posting a $5 million bond. Riley is scheduled to be sentenced at 4 p.m. on January 22, 2004, by Federal District Judge James I. Cohn in the central courtroom at 300 N.E. 1st Avenue, Miami, Florida.

Restitution
Federal law requires a judgment to be entered against each defendant for the full amount of the fraud loss, regardless of the defendant's ability to pay. Such a judgment was entered on October 20 against Johnson, Miles, and Spink for the full amount of the $2,393,840 victim loss in this case. The entry of such a judgment does not mean, however, that the defendants have the assets to pay the judgment. Johnson was ordered to pay $250,000 toward restitution by January 5, 2004. Such a restitution payment would enable each victim to be repaid approximately 10% of the original investment. The Probation Office in Miami is responsible for administering restitution and has been in contact with the victims of these offenses.

Update 11/19/03
The sole remaining defendant in this case who has not pled guilty, E. Douglas Mitchell, is scheduled to stand trial on December 15, 2003, before District Judge James I. Cohn at 299 East Broward Blvd., Fort Lauderdale, Florida. The case number is No. 03-CR-20425-CR-COHN. Mitchell is charged with conspiracy to commit wire and mail fraud.

Update 12/12/03
At a pretrial hearing on December 11, 2003, the court granted the defendant's motion for a continuance of the trial date. The trial was rescheduled for April 19, 2004, with a calendar call on April 15.

Update 1/23/04
Three more defendants were sentenced on January 22, 2004.
• Thomas P. Norton (also known as "Tom Riley") was sentenced to 5 years in prison.
• Patricia Riley, Norton's wife, was sentenced to 2 years in prison.
• David M. Freeman was sentenced to 2 years and 6 months in prison.
Norton and Riley each were ordered to pay up to $2,042,250 in restitution, and Freeman was ordered to pay $1,030,000 in restitution. The judge ordered all three defendants to pay 50% of any prison wages or $25 per quarter in restitution while they are in prison, and to pay 10% of their monthly earnings to restitution after their release from prison.
The sole defendant who has not pled guilty, E. Douglas Mitchell, remains scheduled for trial in Fort Lauderdale beginning April 19, 2004.

Update 5/7/2004
A jury in Fort Lauderdale, Florida, found E. Douglas Mitchell, the president of PowerSource Corporation, guilty of conspiracy to commit mail and wire fraud. After a two-and-a-half-week trial, the jury on May 4, 2004, returned a verdict of guilty in three hours. Numerous victims, as well as other witnesses, testified during the trial. Mitchell is scheduled to be sentenced at 10:30 a.m. on July 16, 2004, by Federal District Judge James I. Cohn, 299 East Broward Blvd., Fort Lauderdale, Florida.

Update 7/19/2004
The district court entered an Order on June 18, 2004, directing defendant Gary Spink to pay $50,000 toward the restitution balance within 90 days. The court directed Spink to liquidate an SEP (small employer pension plan) and a universal life insurance policy. Spink remains jointly and severally liable on the full restitution balance.
The sentencing of E. Douglas Mitchell, which was scheduled to take place before Judge Cohn in Fort Lauderdale on July 16, 2004, has been postponed until September 24, 2004.
The sentences of Ronald W. Johnson, James V. Miles, and Gary Spink were reduced during a hearing before Judge Moore in Miami on July 7, 2004. Because Johnson, Miles, and Spink cooperated in the government's investigation, the government filed what is known as a "Rule 35" motion that asked the Court to reduce their sentences because they provided substantial assistance in the prosecution and convictions of Thomas P. Norton, David M. Freeman, Patricia Riley, and E. Douglas Mitchell. The government requested that Johnson's 41-month prison sentence be reduced by one-third, that Miles' 30-month prison sentence be reduced by one-third, and that Spink's 21-month sentence be reduced by one-half. Once the government files a Rule 35 motion, the Court has discretion to reduce the sentence as much as it determines to be appropriate. The Court reduced the sentences as follows:
• Johnson's sentence was reduced to 13 months: 6.5 months of imprisonment, followed by 6.5 months of home detention.
• Miles' sentence was reduced to 10 months: 1 month of imprisonment, followed by 9 months of home detention.
• Spink's sentence was reduced to 10.5 months of home detention.
The Court's original restitution order remains in effect.
Update 9/3/2004
Defendant E. Douglas Mitchell, who was convicted in May 2004 after a two-week trial, died on June 30, 2004. Under the law in the 11th Circuit, the court must dismiss an indictment when a defendant dies before completion of an appeal. The court dismissed Mitchell's indictment on August 9, 2004. Thus, there will be no order of restitution for Mitchell's victims.

Update 4/19/2005
On January 25, 2005, Thomas P. Norton filed a habeas petition to vacate his sentence. Norton, who is incarcerated, claims that he had ineffective assistance of counsel. The government filed a memorandum of law and fact in opposition to the habeas petition on March 25, 2005.

Selma Louise Freudenberg (1921- )

Selma Louise Freudenberg (1921- ) Housewife (b. July 17, 1921, Bergen Sanatorium, 52 Madison Street, Jersey City, Hudson County, New Jersey, 07307, USA - d. living, Paramus, Bergen County, New Jersey, USA)

Birth:
Selma was born in 1921 to Arthur Oscar Freudenberg (1891-1968) and Maria Elizabeth Winblad (1895-1987). Her parents were living at 58 Oakland Avenue in Jersey City at the time of her birth.

Baptism:
She was baptised on Sunday, September 25, 1921 at the Evangelical Lutheran Church in Jersey City.

Siblings:
Naida Muriel Freudenberg (1915-1998) who married Burnett Peter Van Deusen (1913-1993) aka Pete Van Deusen; and Helen Eloise Freudenberg (1928-1989) who had a child with Eddie Ganlan, the butcher's son, and then married John Earl Borland (1924-1986), and after a divorce marred Albert Brindley.

Father Abandoned Family:
Around 1928 Arthur Freudenberg abandoned the family and ran off with another woman. The oral family tradition was that she was a burlesque stripper, but the woman who was a stripper may have come later in his life. During the depression Maria worked as a cleaning woman to earn money to feed and house the family. Arthur never provided any money to his family.

Trip to Chicago, Illinois:
In 1929 she traveled with her mother, Maria; older sister, Naida; and Otto Perry Winblad to Chicago, Illnois to visit Lena Olson. Lena Olson was married to Andrew Havig Jensen. On this trip Selma met Osborne Titaman Olsen (1883-1971) and he gave her a gold-leaf covered, ceramic salt and paper shaker and a small gold-leaf covered animal figurine, which is still in the family. Lena was Selma's grandaunt, and was an imigrant from Farsund, Norway.

Jersey City, New Jersey:
In 1930 the family was living at 9 Claremont Avenue, Jersey City. Living with Maria was Otto Perry Winblad (1902-1977). Otto was Maria's brother. Arthur was still listed as the head-of-household, even though he had already moved out. Selma was incorrectly indexed as "Selam Freudenburg".

Injured Sledding:
Selma was injured sledding and the accident was reported in a newspaper article: "Selma Freudenberg, 15 of 33 Claremont Avenue, sustained a laceration of the right leg when she fell from her sled while coasting in front of her home last night. She was treated by a Medical Center intern and remained at home."

Education:
Selma went to Henry Snyder High School (1935-1939) in Jersey City and graduated on June 29, 1939.

Marriage:
She married on October 03, 1942. She was living with her mother at 11 Claremont Avenue in Jersey City when she married.

Civil Defense:
She joined Civil Defense Disaster Control (CDDC) after the Cuban Missle Crisis of 1962. She remained active till at least 1980. She worked as a fallout shelter coordinater and was a radio operator in their RADES unit.

Divorce:
She divorced on May 25, 1966. Her husband rented a single room, and lived their until he retired. Neither of them remarried, and her now ex-husband still visited every Monday on his only day off from work. She joined Parents Without Partners and they sometimes had parties at her house in her basement in Paramus. That same year she bought a 1966 white Plymouth Valiant. She only had 30,000 miles on it when she sold it for $50 in 1998.

Death of Father:
Arthur died intestate in 1968. His lawyer appears to have transferred all of Arthur's property to his own name prior to Arthur's death. At his death Selma and her youngest son went to Arthur's house, but it had already been emptied. In the back yard was a pile of his possesions and they rescued a few engravings.

Cleaning Woman:
In the 1980s Selma worked as a cleaning woman. In 1984 while cleaning a house she went to lock the back door and fell through the floor. A remodeler had removed floorbaords for his work and covered the hole with a piece of cardboard so the cat would not get out of teh house. It became Bergen County Superior Court case number L-040076-84. A CAT scan revealed that Selma had a bont protuberance protuding into the hole in the base of her skull where her spinal cord enters. This may have been the source of her constant pain.

Interview in the Bergen Record:
From November 08, 1984 on page E-13: "It is not know who first said 'necessity is the mother of invention.' But it is known thet Sally Norton successfully applied the saying to correct the flooding problem at her Paramus home. Every time it rained, the water from her neighbor's yard washed down an incline on Ms. Norton's property, erodong precious topsoil and nutrients. And if the showers persisted, plantings were uprooted and killed. Frustrated and upset by the problem. Ms Norton turned to newspapers - but not the want ads - for help. She built a four-foot-high retaining wall of folded newspapers that now absorbs the water before it floods her yard. 'I don't know where I got the idea.' she says. 'I was desperate. Where are you going to get enough stones to build a wall? I am 63 years old, and its not easy to carry stones But you can carry newspapers and build a wall.' A conservationist who composts vegetables, leaves, branches, and grass clippings. Ms. Norton started building the wall four years ago."

Asprin:
She said in 2003: "I take 2 x 325 milligram tablets of asprin about 6 times every day. That adds up 12 asprin a day, I keep a piece of paper with the times on it. Sometimes I take 14 a day. Each tablet has about 325 milligrams of asprin in it. I am in constant pain."

Memoirs of Selma:
She said on February 20, 1999: "Samuel Kirkpatrick was married to Charlotte (Daisy) and they were our neighbors. They rented the top floor of a two family house at 8 Claremont Avenue, when we were living at 11 and 9 Claremont. They had two girls, Phyllis an Betty. They went to Browne Memorial Methodist Episcopal Church with Burnett Peter Van Deusen. I used to go to Pete’s Church for Bible study. Phyllis introduced Pete to Naida. Sam was the guard at a factory and he got my mother a job cleaning the bathrooms there. I would go with my mother and clean with her. After that job my mom would cook for the people that worked in an office. She would prepare the food in their kitchen at the office. It was a long walk to the office, there was no bus to take. She would make them dinner every night. At one time she cooked in a restaurant in New York, I went with her once and they let me go down into the cellar. In the cellar was every possible toy and even bicycles. The chef said we could have them all, but Nanny had no way to bring them from New York back to Jersey City. I cried for weeks thinking about those toys, we never owned a bicycle. In the 1930s we were renting 9 Claremont Avenue which was a four family house and it was attached to another 4 family house at 11 Claremont Avenue. Nanny was the superintendent for both and I had to scrub the halls every week. Someone would come and shovel the snow. The Herks boy from down the street would be paid a dollar and he would carry out the ash cans from the basement. The houses were heated with coal back then. I would go out and buy a bag of coal for 25 cents and bring it back in my wagon. We couldn’t afford to have the gas on in house so we used kerosene lamps. I would warm my feet on the coal stove and my mother would heat the iron to do the laundry on the stove. Once the laundry line got stuck, the wind blew the sheets so they twisted over the line. I had to climb the pole to untangle the sheets. Later my mother cleaned a doctor’s office. His name was Dr. Ben Asher and I think he was Jewish. She would clean once a week. He was our family doctor and we always owed him money. I had diphteria and Helen had scarlet fever. When I had diphteria everyone had to leave the house except my mom. Otto, Naida and Helen had to live elsewhere. Naida and Helen went to stay with Eloise Lindauer, our grandmother on my father's side. A health inspector would come in and swab my throat every day. My father gave me his stamp collection after I recovered. I remember once sitting in the yard and the stamps were blowing away. Another time he gave me his postcard collection. My cousin Dick and his father and mother would come down to the shore house that was owned by Ada and Ralph Kohlman. It might have been in Matawan, New Jersey.

FTC prevails in fraudulent display-rack distributorship case; judge orders permanent receivership for company, orders over $9.1 million in redress

April 13, 1994

FTC prevails in fraudulent display-rack distributorship case; judge orders permanent receivership for company, orders over $9.1 million in redress.

The United States District Court for the Southern District of Florida has ordered Jordan Ashley, Inc., Gold Coast Developers, Inc., National Vending Systems Ltd., Inc., Thomas P. Norton, Christine M. Heller and Kelli J. Blasi to pay more than $9.1 million in redress to consumers. In November 1993, the FTC charged these defendants engaged in a variety of deceptive practices as part of a nationwide scheme to sell greeting card display-rack business opportunities. On April 5, 1994, following a two-day trial, the Court ruled in favor of the FTC, stating that the defendants misrepresented: 1) the earnings potential of the business opportunity; 2) the sales volume likely to be achieved; 3) the authenticity of references; 4) the exclusivity of, or amount of competition with, a purchaser's geographic territory; 5) the ease with which affiliated locating companies could find sales locations; 6) the suitability of those locations; and 7) the terms and conditions for replacing unprofitable locations. In addition, the Court found that the defendants violated the FTC's Franchise Rule by, among other things, failing to provide certain pre-purchase information required by the rule, including the factual basis for the level of earnings promised. In addition to ordering the defendants to pay restitution to consumers, the Court permanently barred defendant Thomas P. Norton from participating in the marketing or selling of any franchise or business opportunity, and has required him to post a performance bond in the amount of five million dollars before engaging in any telemarketing activities. The Court's order also enjoins Defendants Christine M. Heller and Kelli J. Blasi from making misrepresentations to any potential investor in a franchise or business venture and prohibits them from violating any provision of the FTC's Franchise Rule in the future. The judge has ordered a permanent receiver to take control and liquidate the assets of the corporate defendants and has ordered the receiver formulate a plan to distribute consumer redress. It has not yet been determined how much money will actually be available for consumer redress.

Wednesday, June 01, 2005

Selma Louise Freudenberg (1921- ) junior high school graduation certificate of June 28, 1935


Selma Louise Freudenberg (1921- ) junior high school graduation certificate of June 28, 1935. Posted by Hello

Selma Louise Freudenberg (1921- ) in the Bergen Record on November 08, 1984 on page E-13


Selma Louise Freudenberg (1921- ) in the Bergen Record on November 08, 1984 on page E-13. "It is not know who first said 'necessity is the mother of invention.' But it is known thet Sally Norton successfully applied the saying to correct the flooding problem at her Paramus home. Every time it rained, the water from her neighbor's yard washed down an incline on Ms. Norton's property, erodong precious topsoil and nutrients. And if the showers persisted, plantings were uprooted and killed. Frustrated and upset by the problem. Ms Norton turned to newspapers - but not the want ads - for help. She built a four-foot-high retaining wall of folded newspapers that now absorbs the water before it floods her yard. 'I don't know where I got the idea.' she says. 'I was desperate. Where are you going to get enough stones to build a wall? I am 63 years old, and its not easy to carry stones But you can carry newspapers and build a wall.' A conservationist who composts vegetables, leaves, branches, and grass clippings. Ms. Norton started building the wall four years ago." Posted by Hello

Article on Selma Louise Freudenberg (1921- ) injured sledding in 1935


Selma Louise Freudenberg (1921- ) injured sledding in 1935. Article most likely from the Jersey Journal of Jersey City. Posted by Hello

Memoir of Eloise Ensko II (1925-1993) written on July 03, 1965

Memoir of Eloise Ensko II (1925-1993) written on July 03, 1965

My great-grandmother Sophia married an Oscar Lindauer. They came from Alsace-Lorraine on their honeymoon, by boat. Alsace-Lorraine was then owned by the French. Great-grandmother brought a lovely picture of Napoleon over from the other side - none of which I have ever seen duplicated. It is still in the family and in excellent condition. The Lindauer family owned a huge department store over there. When the newlyweds came to this country about the early 1800's they settled in Philadelphia. The living room furniture is still in the family. I have in my possession one of the sitting chairs. It is a very pretty, light wood in color, Victorian style. It is now of heavy material and cover. Sophia and Oscar had three boys and later on one girl. The boys were Charles, Louis and John and the girl, Eloise, was named by her brother, Charles. He found it by reading a book (Heloise & Abelard). The boys were much older than Eloise. Eloise grew up in old Greenwich Village in New York City. She played the piano and also sang in the Saint Thomas Church, on Fifth Avenue & 53rd Street, New York City, on Sundays in the choir. For a short period of time Eloise Lindauer attended the Convent of the Sacred Heart with her best friend. She died at her home 155 West 171st Street, New York City in her ninety-second year, from old age. She played her piano by note and from memory until the week before she passed away. She had reddish blonde hair up until the end with a very slight trace of white and wore it in an old-fashioned knot on the top of her head. Eloise Lindauer married William Ensko, of New York City and had four children: William Arthur Ensko, Charles Edward Ensko, Eloise Ensko and Sophie Charlotte Ensko. Uncle Billy was in the linen business and traveled all over the world. He had a son, Arthur, by his wife, Ethel Minerva Beaver. Arthur was married to Jewell Ripple who later on [wasted] away from cancer. He later married Rose La Gattufa. Eloise was mostly at home caring for her aged mother. Before that she worked as a stenographer in a bank. Sophie was a school teacher. She taught English and sewing later in the Junior High School, Public School 52 on Academy Street in New York City, Washington Heights section. Before that she taught elementary school, Public School 181 in New York City. Charles Ensko was my father and the father of Charles Edward, Junior. Charles was manager a firm in Budapest, here in New York City. Later on he went into the publishing business and then Uncle Robert, of Robert Ensko, Inc. Silversmiths, took daddy into the business with him. Daddy remained there until he retired, selling his stock to Stephen Ensko, son of Robert. Daddy also collaborated with on books with Stephen written about old silver. They worked hard learning the business from bottom to top. The books have become rare now. However due to Stephen, your University now has a course in Antique and Early American Silver. They often call in Stephen to give lectures. The University has a complete set of these books. I have a complete set also. The Phi Delta Theta Fraternity at Lafayette College has a set too. This was donated by my father and brother as Charles attended and was graduated from Lafayette College in Easton, Pennsylvania. For a short while Charles attended the Dwight School for Boys which was on Park Avenue in New York City for a spell. Before that he graduated from George Washington High School in Washington Heights. I am Eloise Ensko Higgins, daughter of Charles and Elizabeth MacIlwraith. I attended Public School 98, Public School 52 for elementary classes and went on to Barnard School for Girlson Fort Washington Avenue, Washington Heights, and then on to the Garden Country Day School in Jackson Heights, Long Island, New York. I studied the piano and played duets with my teacher, Florence Hanford Friedman, at the High School and elementary school Parent Teacher's Association and at the church. I was a member of the Holy Trinity Church on Cummings Street, off Dykman Street in New York City (Washington Heights). We lived on 212th & 213th Street off Broadway. I sang in the church school choir, belonged to the Girls Friendly and Girl Scouts. I was in many shows they put on there.

Memoir of Ann Elizabeth O'Malley (1933- ) on her trip to Coalpits, Ireland

On September 28, 1982 Fred and I drove to Roscommon in search of [the birthplace of Katherine Carr (1865-1952)]. We asked the postmaster for directions to Holly Grove or Coal Pits. Before leaving the United States, I spoke to Joe Kennedy, Catherine Carr’s son, who suggested that we speak to Postmaster Flannigan in Roscommon. Unfortunately he had been transferred to another office. In Athleague, the closest town of any size to Coal Pits, we asked the first elderly man we saw if he had ever met Thomas Carr. He said if it is the Thomas Carr who married Mary Kelly then he had. That was our lucky day. He directed us to the Holly Grove/Coal Pits area. We stopped in front of a two story granite house and asked a middle aged man if he knew whether this was the former residence of Thomas and Mary Carr. As luck would have it, once again he said that it was not, but that he owned the old Thomas Carr estate. His name was Mr. McCann and he said that the property had been divided and the Rourkes had built a house on a portion of the original property. He stated further that the house was in bad condition because no one was living in it and that cows had roamed through it. He also said that the house was hard to spot because it was very far back from the road. Mr. McCann also said that his mother would love to talk with us but unfortunately we could not find her house. We drove back and forth several times and finally saw an elderly woman who had known Tom and Mary. She said that they frequently cycled into Athleague. The neighbor also said that Mary loved children and often gave them sweets. We turned the car around and spotted the house high on the hill. It is hard to say how much property was originally with the house. It might be as little as twenty acres or more than one hundred. It would have been an interesting question to ask Mr. McCann. At the entrance to the property there were two stone posts. We walked approximately 600 feet straight ahead and then turned to the left and continued up a slight grade approximately 200 feet. It was a stone house with a door framed in an interlacing pattern of diamonds and ovals. There were quoins on the two front corners of the house. The front door was boarded up so we climbed through a back window into the kitchen which still had only a mud floor. At the front entry hall there was a staircase straight ahead and a hallway to the left of the staircase leading to the kitchen. There were two large rooms, one on each side of the entry hall both with interesting fireplaces. A stairway with nicely carved banisters, still intact, led to the second floor. The second floor like the first consisted of two large rooms, both with a fireplace. To the left of the house was a stone shed. There was also a spring on the property and someone said that many years ago it was used as a community spring. It was a great thrill to see the house where my grandmother was born and grew up. If only the cows had not roamed through it and destroyed the floors it would still be a picturesque house on a hill. After dinner that evening we went to a general store in Athleague and mentioned that my grandmother, Catherine Carr, was born in Coal Pits. They said that Mary Kelly’s sister, Mrs. Haughey, was still alive and lived in Athleague right next to the church. We also learned that there were Carrs in neighboring Fuerty Parish. We went to see Mrs. Haughey the next day and her son came to the door and said that his mother was very low. He asked if we could come back later. Unfortunately our schedule was tight and we reluctantly headed for Donegal.

Image of Maria Elizabeth Winblad (1865-1937) of Sweden


Maria Elizabeth Winblad (1865-1937). Image from the collection of Bitte Petterson (1966- ) aka Bitte Kempe of Sweden.
Posted by Hello

Image of Josephine Veronica Burke (1907-1995); Mary Ellen Burke (1870-1957); and Bertha Marie Burke (1902-1971) circa 1950-1955


Josephine Veronica Burke (1907-1995); Mary Ellen Burke (1870-1957); and Bertha Marie Burke (1902-1971) circa 1950-1955. Posted by Hello