Monday, November 30, 2015
Thursday, November 26, 2015
Monday, May 18, 2015
Issam Hobballah : Money Laundering! How is it spread in Lebanon?
May
18,2015
Money Laundering!
How is it spread in Lebanon ?
Money Laundering is actually one of the most serious
financial problems which are plaguing the International economy. It influences
the political stage and affects the stability and security of nations over the
world.
How is Lebanon dealing with this terrible threat to its
financial security? Have we issued proper legislation in order to fight such
illegal activities?
What is the leading role of the Central Bank of Lebanon? Where
is the position of the Association of Lebanese banks?
In the course of this presentation, we will try to enlighten
some sides of this thorny challenge and dispel, as much as possible, sources of
fear and growing concerns.
Law no. 318, April 20 - 2011
Fighting Money Laundering
The Lebanese authorities proved a high level of awareness and
vigilance against illicit transfers or suspicious deposits in bank accounts.
Earlier than the Middle East’s states, Lebanon issued in 2001 the anti-Money
Laundering Law, which defines this case in its Article 2 by the following
clauses:
Money
Laundering is any act committed with the purpose of:
1-
Concealing the real source
of illicit funds, or giving by any means, a false justification about the said
source.
2-
Transferring or
substituting funds known to be illegal, for the purpose of concealing or
disguising their source, or helping a person involved in the offence to dodge
responsibility.
3-
Acquiring or holding
illicit funds, using or investing such funds in purchasing movable or immovable
assets, or in carrying out financial operations, while being aware of the
illicit nature of these funds.
A few years ago, waves of rumors from American sources had
shocked the Lebanese public opinion as well as the financial and political circles of the
country. The U.S. Treasury Department had designated two Lebanese money
exchange firms as a “primary money laundering concern”, alleging the groups may
be laundering millions of dollars of narcotics profits and funding the money to
armed organizations in Lebanon .
The Central Bank Governor’s Clarifications
The Daily Star
newspaper published on March 11, 2015 an article in which the Lebanese
financial circles were pleased to listen to the Central Bank Governor, Riad
Salemeh, dismissing allegations of money laundering activities in Lebanon as
nothing more than psychological warfare against the banking sector. “I totally
refuse these allegations. If anyone has information then the Lebanese Law
allows him to provide this information to the Special Investigation Commission,
which will conduct an investigation. Any violation of the Lebanese Law will be
punished accordingly. These reports are part of psychological warfare against
Lebanon because its banking and financial sectors are vital in Lebanese life”(Daily
Star,2015,p.5)
Riad Salemeh, added,“….coordination
with Americans, Europeans and Arabs in the fight against money laundering and
terrorist funding is continuing” (Daily Star,2015,p.5)
For more
precaution, banks in Lebanon are obligated by law to freeze or reject the
account of any individual or group that is mentioned on the U.S. and European
blacklists.
The Association of banks in Lebanon called on Parliament to
ratify three draft laws to combat money laundering that the Cabinet already
approved three years ago. Lebanon
also created the SIC ten years ago to investigate any complaint of suspicious
money laundering, terrorist funding and financial embezzlement. In 2013, the
SIC said it had received 301 cases, 189 of which came from local sources and
112 from foreign sources. Out of the 301 cases, 255 were investigated, 17 saw
banking secrecy lifted and 46 remain pending! (Daily Star,2015)
Finally in 2014, it was regrettable to be informed by spread
news that more than 1000 federal agents raided in Los Angeles ’ district and seized $90 million,
most of it in bulk cash from the Sinaloa Cartel. Authorities claim it was the
biggest money seizure in U.S.
history.
Rather than weird, it is really funny to be first suspected,
than accused by a side which is the money laundering’s stadium number one in
the world. The part of the joke is to see a great country drowning in its huge
problems of money laundering, and appearing always as the guide of the world!
I would never mistake in comparing Lebanon with the U.S.
which is the first superpower in the world, but I am fully confident that my country
is blessed by having its brilliant and successful Central Bank Governor, Riad
Salameh, the father of the Lebanese pound, and our national protector in front
of malicious interferences in our financial markets.
Abdallah Fadel:Terrorism
Terrorism
In recent years, the world has
witnessed a threat against global terrorism after the attack of 9/11. This
threat surged a research to explain the definition and causes for terrorism in
the field of homeland security and counterterrorism. In order to spot the
causes of terrorism, one should first explain what terrorism is. The main
definition of terrorism is an outrageous attack carried out by an individual,
group or state against the human beings (religion, freedom, life, intellect, property
and honor). Terrorism includes all forms of intimidation, harm and threat
without a just cause so as to terrify and horrify people by hurting them or
exposing their lives to danger.
This fact sheds light on two
schools of thought to explain the phenomenon of modern terrorism which might be
defined by the psychological-sociological school of thought and the political-rational
school of thought. Both schools maintain that terrorism seeks to achieve
political goals by installing fear and anxiety among the target populations.
The psychological-sociological
school addresses the desired effect of terrorism, and its root causes rely primarily
on social group dynamics and the psychological profile of the individual
terrorist actors. In contrast, the political-rational school of thought views
terrorism as a rational method of operation intended to promote various interests
and to attain concrete political goals.
Monday, May 11, 2015
Issam Hobballah:Modern Terrorism
Issam Hobballah Monday
May 4, 2015
Modern Terrorism
The whole Middle
East has been living under chaos, massacres
and ethnical conflicts for decades. What is going on? Why is our area the most
unstable region in the world? Is it because the researchers have spotted the
oilfields richness of the Saudi Arabian- Iranian- Iraqi triangle? Can we
imagine the uprooting of the people of Palestine without resounding the
repercussions of the Justice that shall be served ? Is it fair or reasonable to
intermingle Resistance fighters with mercenary terrorists?
Nations over the world are actually tormented by many
questions and still terrified by the disgusting and immoral conduct of
terrorism against values, life and civilization.
Zionists invented Modern Terrorism
The European Jewish Zionist settlers invented what we have
come to know as modern terrorism in the Middle East. “We must use terror,
assassination, intimidation, land occupation and the cutting of all social
services to free the Galilee of its Arab population.” (Israel Koenig
in “the Koenig Memorandum”)
Even a quick glance reveals a range of terrorist acts used by
the Zionist militia groups in the first half of the 20th century. Of
course, in the scope of History, there are similar stories of atrocities and
sufferings in other places and other times, and colonial situations seem to
always have a level of what we call now, terrorist acts.
In 1946, one of the most criminal Jewish organizations,
IRGUN, blew up the famous King David Hotel in Jerusalem killing hundreds of
innocent people. The Zionists wanted to capture the world’s attention. Menahim
Beguin, an eminent leader of IRGUN, who became later prime minister of Israel , described this tactic as turning Palestine into a
glasshouse!!
Between 1946 and 1948, HAGANA, a fundamentalist organization
of Jewish terrorists, destroyed completely over 500 Palestinian villages and
demolished 350 churches and mosques. 80% of the Arab Palestinian population had
been ethnically cleansed by HAGANA, which is the foundation stone of TSAHAL,
the regular armed forces of Israel .
The UN had denounced the notorious massacre of Deir Yassine
in 1948, as the massacre of Kafer Kassem in 1956, and the abominable attack of
the Hebron
mosque with automatic machine guns, mowing down 300 Muslims while they were
worshiping God during their prayer time.
It is an undeniable fact that the state of Israel was
founded by and is living off Terrorism.
The other side of the coin
Apparently, terrorism would seem complicated and top secret.
The facts prove clearly that Islamic djihadists have nothing to do neither with
fighters for freedom nor with militants
against colonialism or dictatorships. Who can tell the public opinion what the
ideology of Boko Haram is ? Is Kidnapping 200 young girls and abusing them in
the rainforests of Nigeria a commandment of God? Of Islam?
DAESH emerged from Iraqi underground and devastated Mesopotamia , the original cradle of civilization in human
history. It killed Christians, Shia, Sunni, and rare minorities in the name of
which faith?
Who cannot be shocked by this odious barbarity?
From the beginning of the Islamic power, from the birth of
the Islamic empire, Muslims have always respected their religious imperative
commitments towards Christians and Jewish populations. This is the reason of
the fruitful and brilliant contribution of Christians and Jews in the Islamic
civilization and in its radiance over many centuries. Definitely, Muslims have
no right, absolutely no right, to demolish churches or crosses or synagogues.
This is a basic principle in the Islamic faith.
Daesh, Boko Haram, Annousra, Al-Qaeda, are aggressing people,
sects, cultures, states in the name of Islam, in order to draw a hateful and
barbarian image of this monotheist religion. These savage and ruthless
organizations are the last version of the international terrorism and
mercenary. From Chechnya to Turkey , to Somalia ,
to Tora Bora, to Libya and Yemen , those armed mercenaries are an insult to
the Islamic faith, and they are the secret weapon of the powerful CIA associated
to the Israeli Mossad who intends to destabilize the Arab countries in order to
reinforce the supremacy of Israel .
French, American, European writers have unveiled the plot of
9/11. They have detailed many sources proving the evidences that 9/11 was a Mossad
operation.
Obviously, it was a pretext to invade Iraq and drown
this glorious country in blood and horror.
The state of Israel
has revealed and is still announcing that wounded fighters of Annousra are
undergone in Israel
hospitals (as allied to TSAHAL!)
It is now into the bright daylight: it is not anymore a rumor
or a secret.
This is Annousra’s way to defend Islam, or maybe to liberate Palestine . It is truly
beyond comprehension.
I have come to the conclusion that Terrorism is a deadly
danger. As a Lebanese nation, we should take all kinds of measurements in order
to protect our country against fanatism and radical ideologies. John Paul II
had said: Lebanon
is not only a country, it is a message to the whole world!! We haven’t got the
spirit of this global vision because we are far, really far from the political
maturity. It is time to move on and to act, instead of waiting to be dislocated
by ferocious invaders.
Monday, March 30, 2015
ISSAM HOBBALLAH :Dear Ministers of the Cabinet
ISSAM
HOBBALLAH Monday
March 16, 2015
Dear
Ministers of the Cabinet
We have
discussed, more than once, the deterioration of the situation in the whole
area. We have all agreed with the recent soundings, which have foreseen a
dangerous escalation of disorder and confusion in the upcoming decades.
Actually,
we are living under the pressure of wars around our borders. Expectations are
heading to serious extensions of damages and losses.
It is
time to make gutsy decisions!!
By 2020,
we will be standing firm to move out to Mars, where we hope to enjoy peaceful
and prosperous life. To achieve this ambitious target, I have placed suggestions
at your disposal. This plan should be
voted in the shortest delay in order to launch a national mobilization.
Costs of the construction of the new
city
We
should be prepared to be able to build our own stronghold far from our enemies.
I suggest the involvement of all our human resources capabilities to recruit civil engineers and rally powerful
financial circles in order to eventually invade the cosmos and build a paradise
lacking violence and hostility.
The
first studies indicate that huge amounts of funds are needed for the
implementation of our national project. This Lebanese dream will be shared by
all those who live abroad and are still worried about the challenging problems
of the Cedars country.
In
addition, we have reliable friends over the world, ready to support our legal
struggle for the safety and the well-being of our new generations.
The
project provides for labor forces in a large area in the city with hospitals,
schools and amusement centers. As for lawyers, judges, civil servants, traders,
security forces, each of these social groups will have its own space with
public gardens for all citizens.
Higher
education and teaching of foreign languages are going to be free and
compulsory.
Interior
security, harmony and peaceful family living are a supreme commitment towards
our Lebanese people.
Forewarned is forearmed
Following
the instructions of the government, the legal department of contentions is
going to prepare an announcement related to the conditions and terms that will
be required to settle on Mars.
We have
no intentions to regenerate our failures in the national life. We are the only
country in the Middle East which has a secular
constitution.
This
constitution will guide and inspire our life when we settle on Mars. We are
working actually to render new regulations in order to ban extremism such as Tora
Bora’s dinosaurs or massacre preachers emerging from darkness.
We will
entrust the files of environment and atmospheric electricity to the private
sector. We believe that, in such highly technological tasks, it would be more
efficient and therefore more productive to overtake the administration’s usual
routine.
No
doubts that the unanimity of the Lebanese people is fed up with power cuts and
lack of water supply in all seasons.
To sum
up, we are racing time. We need to appeal to the patriotism of the cream of the
crop of our Lebanese creative brains. We will together defeat fanatism and
chaos. The future is ours! God bless Lebanon .
Monday, March 23, 2015
Issam Hobballa-Tort
Issam HOBBALLAH Monday , March 23, 2015
Invasion of Privacy Cases
Privacy is among the most precious rights of the individual. The first legislation about it had dawned in the 18th century. It was William Blackstone who worked hard in order to enrich the British Justice with legislation which are the foundation stone of the Common Law, nowadays.
We will try to explain in the searching essay, what is a tort? How many torts do we have in Courts?
What are the repercussions and the liabilities in both cases: intentional torts and negligent actions?
What is a tort? What tort is not?
First of all, “tort” is a French word meaning civil wrong. Tort is a wrongful act, a wrongdoing that results in injury to the person's property, dignity, or reputation, which is recognized by statute or Common Law as a legitimate basis for a liability.
There are many types of torts of Invasion of Privacy cases. The main difference between the willful and wanton tort and the one made by negligence, is the voluntary or deliberate conduct. So, when there is determination to act, there is a tort of invasion of privacy.
The courts have mentioned 4 types of torts of invasion cases: Disclosure/ Intrusion/ Appropriation/ False light (similar to defamation).
The physical manners of the invasion comprise:
a) to force your home against your protests
b) to invade your private life and solitude by using binoculars or telescopes from the neighborhood
c) to open your private mail and disclose your own affairs or business
d) to eavesdrop to what other people are planning to do or are debating about.
According to the tribunals’ circles, torts differ from crimes in that crimes are punishable by the state in Criminal Court. Torts generally allow individuals to seek compensation for their injuries in Civil Courts.
However, sometimes an act can be both, a tort and a crime! For instance, threatening to seriously injure someone is in tort law an assault. The victim may be able to sue the perpetrator in civil court for compensation for the emotional distress caused by the assault, while the state may seek jail time in a criminal court.
In order to win a tort lawsuit, the plaintiff (the person who initiated the lawsuit), must show that the defendant (the person accused of wrongdoing in the lawsuit), intended to cause harm or had a duty to act in a particular manner, in spite of that, breached that duty and damages or injuries occurred as a result of the breach.
Nuisance and Negligence are different torts and function differently
Private nuisance is an unreasonable or unlawful interference with a person’s use, or quiet enjoyment of land. It is about some activities on the defendant’s neighboring land. Negligence refers to conduct that falls below the standards established by Law, for the protection of others against unreasonable risk of harm.
A person would be considered acting negligently, if he or she has departed from the conduct expected of a reasonable person acting under similar circumstances. For instance, in the annals of British Civil Court , an English teacher enjoys sitting in his garden on summer evenings. One evening, his neighbor, Miss Jones holds a barbecue for her friends. The smoke, the smell of cooking fatty meat, the general chatter and music being played in the garden, annoy the teacher and upset him.
In another situation, Miss Jones holds parties in her garden, every weekend and the household has become a rowdy drinking den!! Vibrations from the loud music cause the English teacher’s pictures to fall off his walls and he has no peace at all!
Obviously, in the first case, the plaintiff must prove to the civil court that the defendant (Miss Jones) had a duty to him, and she breached that duty by failing to conform to the required standard of conduct: her negligent conduct was the cause of the harm to him, and he was in fact harmed or damaged.
For the second situation, the persistent invasion of privacy should be treated by the criminal court which is competent to find Miss Jones guilty or not guilty. The sanctions of this court are criminal fines, jail and death. Rulings are given under the statutory law, when liability is proved and confirmed.
To expand on that tort case, when a residential area is close to an industrial activities’ area, there are always complaints against chimney smoke, against noise generated by Lorries etc…
This type of torts can be considered as private and public nuisance in the same time!
We have come to the conclusion that torts of invasion privacy cases are in fact, numerous and might be more varied in the future.
This phenomenon is connected to the progress and development of the country in general.
Legislation should verge on social and cultural evolution. Privacy is as sacred as religion dictate and Justice must apply overwhelming laws against troublemakers, paparazzi, spies and other curious intruders.
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