Federal Sentencing Guidelines VII

So, we have seen the Guidelines at work.  On the surface, it would appear very simple.  Use the horizontal line to determine the criminal history of the defendant.  Use the vertical line to determine the severity of the crime.  Find the joinder of the two and you have the range of months of sentencing.

     But, of course, nothing is ever easy when dealing with the Federal government and especially the Federal criminal system.  There are (usually) mitigating factors which can reduce the sentencing level.

    The most common example is if the defendant chooses to accept a guilty plea and not go to trial AND will admit responsibility for his actions.  For most crimes, this means that the defendant will receive a REDUCTION of three points (on the vertical line) for acceptance of responsibility (for low level crimes, it is only a two point reduction).  This leads, of course, to less prison time.  In addition, there are other mitigating factors that can be taken into account by the Judge in sentencing.

So, although Federal sentencing is fairly straightforward, it is not at all 100% guaranteed, even if it is on the chart.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Federal Sentencing Guidelines VI

OK - going back to the Federal sentencing table again - look at the vertical line.

     The vertical line represents the severity of the criminal offense of which the defendant is accused.  The numbers range from 0-43.  Obviously, the higher the number, the more severe the offense.  Therefore, if a person is charged with a crime with an offense level of 5 (unlikely since the Feds only pursue the most severe crimes), the person will face 0-6 monthis in Federal prison (if the person only has a I criminal history).  If the person is charged with a crime with an offense level of 27, he is looking at 70-87 months in Federal prison (once again if the person only has a I criminal history). 

    So, by looking at the horizontal line (criminal history) and the vertical line (severity of the crime of which the person is accused), the defendant can get a reasonable idea of how much time he is facing for the offense(s).

     This is vastly different from Texas state criminal courts.  For example, a 2nd degree felony carris with it a punishment range of 2-20 years.  Obviously, this leaves open a vast amount of time of which is much narrower in the Federal system. 

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Federal Sentencing Guidelines V

Let's look at the horizontal bar again on the guideline scale.

     The numbers go from I-VI or numbers 0-13 or more.  This is the criminal history of the defendant. 

    Obviously, the higher the number the greater the criminal history of the person.  When a defendant is being evaluated for a possible sentence by his attorney, the criminal history is critical.  The more crimes the person committed throughout his life (or, to be more specific, the crimes for which he was convicted in the past) and the seriousness of the crimes for which he was convicted (obviously there is a great difference between traffic tickets and armed robbery) will indicate in which criminal history category the defendant belongs.

     A person with a low criminal history, therefore, has much more "give" when he is faced with sentencing in the Federal system.  A defendant with a criminal history of I can have an offense level of 12 and be facing 10-16 months in the Federal system vs. a defendant with a criminal history of VI who will be facing 30-37 months for the exact same offense level. 

      The horizontal axis, therefore, of the Guidelines are extremely important when advising a defendant on the amount of Federal prison time he is facing.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Federal Sentencing Guidelines IV

OK - review the chart from the Federal Sentencing Guidelines in the previous post.  This chart is the authority for determining the amount of time a person will receive for crime(s) for which a person is sentenced within the Federal Criminal justice system.

     This chart is easy to read once you get the hang of it.  The horizontal line is the criminal history.  The greater the number, the higher the person's criminal history.  Obviously, the greater the criminal history, the greater the punishment. 

    The vertical line is the severity of the crime(s) for which the person is convicted.  The numbers range from 1-43.  Obviously once again, the higher the number, the more serious the crime. 

   The numbers are the number of months for which the person can be convicted, anywhere from 0 (probation) to life.

     The sentence, therefore, is a point between the person's criminal history and the severity of the crime(s) for which the person is convicted.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Federal Sentencing Guidelines III

The basic explanation for Federal Sentencing Guidelines is this chart:

http://www.miami-criminal-lawyer.net/html/federal-sentencing-table.html

We will discuss this the next posting.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Federal Sentencing Guidelines II

The best way to begin is with an overview of Federal Sentencing Guidelines.  Wikipedia offers the best overview, so here is a link to the article:

http://en.wikipedia.org/wiki/United_States_Federal_Sentencing_Guidelines

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Federal Sentencing Guidelines I

     Much of white-collar crime and fraud is done at the Federal level (although there are plenty of state statutes and criminal penalties against this type of crime as well, at least in Texas).  Federal crimes are, by their very nature, generally reserved for more complex crimes or crimes which have a higher financial loss.  This makes sense because their are far more State and local proscutors and judges than Federal judges or United States attorneys.  Our legal system (the U.S. legal system) has developed over the years so that Federal white collar crimes generally (but not always) involve greater financial loss to a person or entity.  There are other ways in which Federal jurisdiction can be invoked, but that is beyond the scope of this posting.

     We will spend the next few posts discussing punishment for crimes at the Federal level.  Federal sentencing (the jail time and/or punishment for crimes) is a law school course all on its own (I should know since I myself studied this in law school), but there are some basic principles about which we can discuss Federal sentencing and crimes.  This is important for our ongoing discussions on fraud since many times when we read or hear about a fraudster being imprisoned, it is at the Federal level and there are often questions about how or why the defendant received the sentence he did (think Bernie Madoff). 

    So, for the next week or so, let's discuss how a defendant is sentenced for a crime at the Federal level either after he pleads guilty or after he goes to trial and loses.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Indictment for Counterfeiting

Indictment for counterfeiting in the Eastern District of Texas

http://www.justice.gov/usao/txe/News/2013/edtx-gj-tyler-012313.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Wire Fraud in the Eastern District

Wire Fraud in the Eastern District of Texas

http://www.justice.gov/usao/txe/News/2013/edtx-wcc-hardee-010913.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Health Care Fraud in the Eastern District

Health Care Fraud in the Eastern District of Texas.

http://www.justice.gov/usao/txe/News/2013/edtx-hcf-rutoske-011113.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Disaster Fraud in the Southern District

There was a great deal of fraud relating to the damage from Hurricane Ike which struck Houston and the Southern District of Texas in 2008.  It still continues.

http://www.justice.gov/usao/txs/1News/Releases/2013%20January/130118%20-%20Holverson.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Bribery of a Public Official in the Southern District

Bribery of a Public Official in the Southern District of Texas

http://www.justice.gov/usao/txs/1News/Releases/2013%20January/130116%20-%20Huerta-Aguilar.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

Have a great and fraud-free day.

 

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Victims of Alan Stanford

Unfortunately, there is not very much compensation for the victims of Alan Stanford's massive pyramid/Ponzi scheme:

http://www.reuters.com/article/2013/01/12/us-stanford-ponzi-claims-idUSBRE90B01Q20130112

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

Have a great and fraud-free day.

 

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Bank Manager indicted for embezzlement

An assistant bank manager is indicted for embezzlement in the Southern District of Texas.  Once again, a very sad story of trust being abused. 

http://www.justice.gov/usao/txs/1News/Releases/2013%20January/130115%20-%20Gonzales.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

Have a great and fraud-free day.

 

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Former Attorney sentenced in Ponzi scheme

Very sad.  Like all Ponzi schemes, this person took advantage of the trust of people.  The fact that he was an attorney makes it worse.

http://www.justice.gov/usao/txs/1News/Releases/2013%20January/130111%20-%20Davis.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

Have a great and fraud-free day.

 

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

Money Laundering in the Southern District

Money laundering in the Southern District of Texas

http://www.justice.gov/usao/txs/1News/Releases/2013%20January/130109%20-%20Bazaldua%20et%20al.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

Have a great and fraud-free day.

 

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

What to do if you are under investigation 9

If we have learned anything from the past few series of posts, it is that there are no clear answers as to what will a person need to do if he is under investigation.

     We know that the person must first determine if he is under investigation, and that in and of itself is no easy task.  Further, we have three guidelines as to determine whether or not the person needs an attorney if the person is under investigation.

     But, there are no hard and fast guidelines.  As I mentioned in an earlier post, as an attorney, especially one who works in white collar criminal defense and fraud, I cannot stress enough that once words are spoken, especially in a recorded setting or if a person is placed under oath and asked to give answers to questions in a formal, legal setting, these words are hard to retract. 

     For a conclusion, therefore, the warning "think before you speak" is always appropriate. 

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

Have a great and fraud-free day.

 

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

What to do if you are under investigation 8?

So - to answer our question from a day ago, what do you do if you yourself are not under investigation, but are a "person of interest" in another investigation or an investigation involving another person?

   Remember the three rules we discussed earlier:

1.Do you have any information about what you are being asked? Were you involved at all in the matter (which, as we discussed, involves theft or white-collar fraud)? I am not talking here about being actually involved in the crime (if you are involved in the crime, it goes without saying that you DEFINITELY need an attorney) but rather if you have any knowledge about the parties involved or the incident? If the answer is "yes," then how much information do you have? Generally speaking, the more information you have, the more you might wish to speak to an attorney first.

2. Will this interview be recorded and will there be more than one person present in the room with you (i.e. a third party who is taking notes?) Once again, if the answer is yes, you might wish to speak to an attorney first.

3. Is anyone else being interviewed or just you? If you are the only one, once again you may wish to speak to an attorney first.

Once again, as discussed, if the answer to these questions is "yes," then you may wish to consider speaking to an attorney before you are interrogated.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

Have a great and fraud-free day.

 

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

What to do if you are under investigation 7?

There is one more issue we need to discuss if you are asked to be interviewed regarding a white-collar or missing funds situation at your place of employment (even if you did not have anything to do with it) - will you be placed under oath when giving testimony?

     There is a vast difference between being asked questions informally and being asked questions while placed under oath.  The difference is obvious - once you are placed under oath you will have sworn to tell "the truth, the whole truth and nothing but the truth."  If you violate this standard and willfully give false information, not only can this subject you to civil penalties (and the possible loss of employment), it can also subject you to possible criminal prosecution (depending on the severity of the mis-statement, the investigation that is proceeding and if the investigation is being pursued by Federal or local authorities and/or if the results of the investigation will be turned over to the authorities for possible prosecution).

     It goes without saying, therefore, that if you are asked to give testimony under oath, it is generally a very good idea to speak with an attorney before giving such testimony.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

Have a great and fraud-free day.

 

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

What to do if you are under investigation 6?

So - we are asking the real question - do you need to speak to an attorney BEFORE answering the questions?  As stated, once the answers are given, they are very difficult to take back.

    One of the important details that occurs before an interview, even a few minutes before an interview is going to begin, is:  "what is this about?"  Even in a work environment, you have the right to ask what the interview will be about and what questions are expected to be asked.  If you are told that you will be asked questions about missing funds or an employee who took funds or about accounting irregularities or something else along the same lines, then you at least have a heads up as to the fact that if you are not under investigation, then at the very least you are being investigated as part of the investigation of another person.

     So, if you are not directly under investigation, what is the right course of action?

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

Have a great and fraud-free day.

 

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

What to do if you are under investigation 5?

As we have been exploring this topic, one constant theme keeps reappearing: do I call an attorney or not?

     As an attorney, this is a hard question to answer.  On the one hand, as an attorney, it is difficult to overestimate just how often people can get themselves into trouble because they answer questions they had no business answering before they could get proper legal advice.  On the other hand, it is entirely possible to become paranoid after basing an entire career of playing games of "what if," which is necessary for a white-collar criminal defense attorney. 

     One of the things I always tell clients is that once words are spoken, it is very, very difficult to unspeak them.  A genie, once out of the bottle, is hard to replace.

     The answer, therefore, to the question of whether an attorney is needed, is in and of itself the sequel to another question - do I need help or advice before answering questions?  If you are going to be in a position where you are required to answer questions, do you need to listen to advice from an attorney BEFORE answering those questions?

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

Have a great and fraud-free day.

 

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

What to do if you are under investigtion 4?

What happens, however, if you are asked for an informal interview from your business and it is not from the police or a third party investigator?

     This situation is obviously different.  You are not being "formally" interrogated but rather informally.  This happens all the time in a business environment.  In fact, it can almost be argued that these types of interviews are almost a part of the modern work environment.

     There are three basic questions that you need to ask yourself:

1.  Do you have any information about what you are being asked?  Were you involved at all in the matter (which, as we discussed, involves theft or white-collar fraud)?  I am not talking here about being actually involved in the crime (if you are involved in the crime, it goes without saying that you DEFINITELY need an attorney) but rather if you have any knowledge about the parties involved or the incident?  If the answer is "yes," then how much information do you have?  Generally speaking, the more information you have, the more you might wish to speak to an attorney first.

2.  Will this interview be recorded and will there be more than one person present in the room with you (i.e. a third party who is taking notes?)  Once again, if the answer is yes, you might wish to speak to an attorney first.

3.  Is anyone else being interviewed or just you?  If you are the only one, once again you may wish to speak to an attorney first.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

Have a great and fraud-free day.

 

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

What to do if you are under investigation 3?

OK - let's take what we talked about the other day one step further - what do you do if you are contacted by the police, law enforcement officials or a third party investigator (outside investigator or an internal investigator that works in-house for large firms)?

     In this case, the answer is easy - speak with an attorney first who specializes in fraud and white-collar crime.  Even if you did not "do" anything, it is essential to speak with someone who understands the process of fraud.

     The question I am constantly asked, however, by people is; "if I didn't do anything wrong, why should I speak with an attorney?"  It is not a question of you doing something wrong - quite the oppositte - it is a question of you understanding your rights and privileges as an American worker and an American citizen (note, of course, that I am only speaking about U.S. law here.  I cannot give advice about the laws of foreign nations). 

    Before you are interviewed by a third party or a law enforcement official, take the time to speak with an attorney who handles fraud cases first.  It is important that you be instructed in your rights before you give answers to questions that may not even be legal or appropriate to ask of you.

    The follow-up question I usually get is: "won't it look bad to my employer if I speak to an attorney first?"  The answer I normally give in these situations is that, once again, you have rights as an American that must be respected and it is important to understand those rights first.  It looks even worse, in my opinion, to walk into a situation blindfolded.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

Have a great and fraud-free day.

 

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

What to do if you are under investigation 2?

There is an old saying that the first rule of a battle is to know when you are in one.  In other words, if you don't know you are in a battle (or fight), then it is hard to know exactly how to react.

     Getting us to the present topic - the first rule, therefore, is to know if you are under investigation.

     Sometimes this is ridiculously simple.  If you are in a work environment and a person in your company's HR department, or internal fraud department or (if it is a small company) a co-worker comes to you and starts asking you questions about missing funds or bad accounting and insinuates or comes right out and says that you "might" be involved, then obviously this is a big red flag that you are under investigation.

    Another obvious red flag is if you are asked to be interviewed by a law enforcement agency about some accounting irregularities which may involve you.  Another red flag is if any outside source, such as an investigatory agency, wants to interview you about the same thing, once again with the caveat that this may involve you.

     Obviously, therefore, if you are asked to be interviewed about missing funds or accounting errors, and it is clear that these missing funds or accounting errors "may involve you," then this is a clear indicator that you might be under investigation.

     But - what if it is not as clear-cut as this?

    Next post.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

Have a great and fraud-free day.

 

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

What if you are under investigation?

To the readers of this blog - Happy New Year!  I hope 2013 is a great year for everyone.

     Back to the ugly reality of fraud, however.  We will spend the next few posts determining what to do if you are the subject of a fraud examination.  What happens, for example, when you work at a business, money goes missing or there are some account irregularities, and then you find that either someone is knocking on your door asking to "talk" with you or, worse yet, your boss or supervisor starts asking you questions related to the missing monies or irregularities. 

   What then?

    The worst time to decide, of course, is when it is happening.  So, we will take some time to go through the process of fraud investigation so hopefully, if any of the readers of this blog are on the receiving end of such an investigation, they will have some answers before it all begins.

  This has been covered before in other posts (with varying degree of detail), but it is important enough to talk about again. 

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

Have a great and fraud-free day.

 

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk