Winery Transfers - How to Transfer Permits and Licenses in a Winery Sale

It's nearly impossible to page through any wine trade publication these days without encountering a story announcing a winery sale. Whether it's the latest in a long line of acquisitions by one of the mega-winery conglomerates, or the late blooming of a wine lover's lifelong dream, these outwardly different transactions trigger a similar set of esoteric regulatory requirements.

The compliance part of the story doesn't make the news, but it is important -- perhaps more important to you -- than a lot of what does make headlines. "Paperwork happens!" In fact, like death and taxes, winery transfers are virtually inevitable at least once in every winery's history. Your winery may not be for sale, but an unsolicited "offer you can't refuse" or an unplanned change in family circumstances may require you to become a sudden expert on the regulatory requirements of transferring your winery to new ownership. Or maybe you'll find yourself on the other side of the negotiation, when it's time to expand and you discover that it's easier to buy another production facility than it is to increase the use permit on your current one.

Even the use of common estate planning tools such as trusts or family partnerships requires that you know the basics of winery transfers and changes of control. Changes of ownership or control can happen even though the winery stays in the family. The most common scenario of this type occurs when the stock of a corporate-owned winery is placed into a trust or gifted to the owner's children while implementing an estate plan. A change in control also occurs when some type of asset protection entity such as a family LLC or limited partnership is created to hold the stock of the winery entity. Even incremental stock transfers, as little as 5% a year, will someday add up to a change in control, when the majority of ownership finally shifts. These types of entirely "internal" transactions, while not typical sales, frequently create technical transfers which need to be reported much like a sale to a third party.

Good housekeeping

Any realtor will tell you that tidying up your house is one of the most effective ways to make your property more appealing to a buyer. Well, good compliance housekeeping is also important when selling your winery. Potential buyers will often do their "due diligence" on your licenses and permits, either before making an offer or at least before closing the transaction, so it is prudent to check whether your ownership records are up-to-date with the regulatory agencies before putting your winery on the market. In a surprisingly high percentage of the winery transactions we handle, we find that past changes in key personnel or ownership interests of the selling winery had not been reported to the regulatory agencies. These types of unreported changes will probably add significant stress and delay your transaction, because the regulatory agencies are likely to want the overlooked changes reported and approved before approving the transfer.

Another good housekeeping tip is to make sure all of your production reports and excise tax returns have been filed. Before issuing a new permit to your winery's buyer, TTB will want to close out and discontinue your permits. But first, TTB will review your records to make sure there are no deficiencies. While TTB has made great strides in catching up on its workload, you might be unpleasantly surprised to hear about a missing return or report that had not previously been noted or requested although the error occurred several years ago.

If you are thinking of selling, you may wish to contact your winery's specialist at TTB's National Revenue Center to find out if they are up to date in reviewing your records, and if not, to specifically ask them to determine whether there are any outstanding items that you need to address. A tax deficiency is much easier to resolve without the pressures of a transaction creating an emergency situation.

Small producer credit issues

Another kind of good housekeeping is essential for wineries in the "small producer" category. Your reduced tax rate is dependent upon producing at your winery each calendar year. If you sell your winery before crush -- which is easy to do, since crush doesn't occur until the middle or end of the third quarter each year -- you may end up not producing at your winery the last year you operate the winery. That can have serious tax consequences. In that case, TTB will be forced, under its own regulations, to retroactively recalculate your taxes for the entire calendar year, and assess you at the full tax rate, disallowing all the small producer credit claimed.

This risk exists for any type of change of ownership that eventuates in the issuance of a new permit, including changes in business structure for asset protection or estate planning purposes, as mentioned earlier. It can also happen through the untimely death of a general partner or dissolution of a marriage -- an event that may be impossible to predict.

Fortunately, there is a routine form of "cheap insurance" that can perfectly protect your tax advantages under all conditions. We recommend to all wineries in the small producer category that you keep at least one tank or a few barrels undeclared each harvest, and declare them in January each year. That way, you start the year with production, and don't have to wait till the grapes ripen to ensure that you qualify for your small producer credit. It's so simple, there's no good excuse not to do it!

Not all transactions are created equal

Wineries change hands in a number of different ways. Sometimes the buyer or seller has a clear choice of method; other times, the parties discover in the process of their negotiations that one or another method has mutual advantages.

The most common method is the sale of the assets of the winery to a new owner. This is called an "asset purchase." In this case, the buyer does not purchase the entity owning the winery; it simply purchases the land, improvements, equipment, inventory, brands, etc. The seller prefers this method when the entity plans to keep other assets or businesses not included in the sale; the buyer prefers it when the owning entity may have undetermined liabilities that the buyer does not want to assume.

Instead of buying the winery's assets, a buyer can buy the company. The buyer acquires the winery by buying the stock or ownership interests in the entity that owns the winery. Then the entity on the permit does not change, but the people behind it do. This is called a "stock purchase" or "change of control." If your winery permit is held by a corporation, the buyer would buy the shares of stock of the corporation. If your winery is owned by an LLC or a limited partnership, the buyer would buy the memberships of the LLC or partnership interests. By this method, the buyer automatically acquires the winery's assets, including the permits and licenses, and simply takes over leases, receivables, etc., in the absence of special provisions to the contrary.

There are numerous variations on these types of transactions, many of which may affect your licenses and permits. For example, let's assume your winery has outgrown its present facility and is building a new one. After moving into the new quarters, you plan to sell your existing facility. One way to orchestrate the transition is to apply well in advance for new permits and licenses at your new facility. This allows the regulatory approvals to issue before you start to move, and gives you the greatest flexibility in the moving process. In this scenario, you can have inventory and even wine making operations happening at both new and old locations simultaneously.

This approach also has advantages to the buyer of your outgrown winery. Since it leaves your old licenses and permits in place at your existing winery, you can transfer them to the buyer at the time of sale. Then the buyer may be able to start up operations immediately using your permits and licenses, rather than wait for their new ones to issue (more about this below).

In most circumstances, the best option is to license the new facility with new permits and licenses before you are ready to move in. But sometimes moving existing licenses and permits to the new location is the better choice; for example, to protect small producer credit if you haven't implemented our "cheap insurance" advice (given above) and there are a lot of tax dollars at stake. However, there are geographic limits to transferring licenses, so consult with your compliance advisor before assuming you can transfer the permits and licenses. Also, the timing can be tricky in this situation. It is much easier to orchestrate with a non-producing type of license than with a winery.

(A discussion of all the types of winery transactions affecting your licenses and permits is beyond the scope of this column. For more information on the many types of changes to winery permits, and how to handle them, see the authors' article entitled Business Changes That Affect Your Winery License, available at http://www.csa-compliance.com/html/Articles/BusinessChanges.html)

The option of selling the winery but keeping the permit and licenses

Sometimes, the selling winery will need to keep its permits and licenses, because it will not immediately cease operations and has inventory it wants to continue to sell. In this situation, the purchase agreement should state that the selling winery will not transfer its permits and licenses to the buyer and the buyer must obtain its own permits and licenses. There are a couple of challenges involved in this unconventional approach. One drawback is the extra time required for the buyer to get its permits and licenses issued. Your winery's new owner will not want to close the sale until its regulatory approvals are issued. Additionally, the selling winery will need to find a new facility where it can continue its operations, and transfer its permits and licenses there. A very convenient solution for the seller is to have the buyer become a "host winery" in an alternating proprietor arrangement, and allow the selling winery to become a "tenant winery" at the facility it just sold to the buyer.

Sometimes the seller wants to retain some or all of the inventory of the winery for later sale, but has no plans to continue to produce wine. Without continuing production, the seller cannot legally retain its winery permits and licenses. This scenario requires that the seller apply for and obtain different regulatory approvals on the wholesale or retail level before taking possession of the inventory at the new location. Providing in the purchase agreement for a delayed "purchase" of the retained wine can permit the winery transaction to close without waiting for the seller's new licensing to issue.

The option of selling a brand but keeping the winery

Recently it has been popular to purchase a successful brand of wine, but not the producing winery. The selling brand owner could be a winery or even negociant licensed as a wholesaler. Sales of just a brand may include the existing branded inventory but rarely involve the transfer of a winery's other assets, including its permits and licenses. Merely the brand name and its trademark or other rights are sold to the buyer.

Often in these transactions, there is a request that the Certificates of Label Approvals (COLA's) for the brand be "assigned." COLA's do not create property rights and are not assignable. A COLA is simply a regulatory approval to bottle wine with a certain label, and the approved COLAs are part of the production records of the bottling winery. If the new brand owner is concerned that the winery that formerly produced the wine will continue to use the brand name, the new owner should simply insist that the producing winery remove the bottling trade name from its permit and surrender the existing COLA's for labels containing the brand name. Appropriate paperwork should be filed to notify TTB of the new ownership of the trade name involved. Ideally, even the brand name itself should be added to the new brand owner's TTB permit as a trade name.

What about label approvals?

In a complete sale of the winery assets, the buyer should request that it be able to keep the winery's registry number. TTB routinely grants this request and it is helpful to ensure continuity, especially in labeling. The existing COLA's of the winery may be valuable to the buyer.

Although in the past, buyers of wineries would routinely request and be granted "adoption" of the seller's COLA's, TTB has started to time limit these adopted COLA's, posing a problem for older labels that are no longer approvable under current labeling policies -- for example, a brand name based on either varietal type or geographic name. A time-limited adoption would cause the current COLA's, which could otherwise be used indefinitely, to lapse. Fortunately, there is a way for a winery buyer to simply inherit the predecessor's COLA's without a formal adoption process. If the buyer maintains the winery's trade name, registry number, and address, TTB has taken the position that no label adoption is necessary. We recommend avoiding label adoption if possible so as not to lose or sunset any valuable "grandfathered" labels.

How TTB handles a change in ownership of a winery

Strictly speaking, TTB does not "transfer" winery permits from one owner to another, but provides a process for the buyer to use the seller's permit while the buyer's new permits are being approved. This user-friendly procedure allows for a smooth transition of unbroken operations in any winery transfer, whether it is an asset purchase or stock purchase.

In order to take advantage of this procedure, TTB requires that applications for the new permits be filed within thirty days of the change of ownership or control of the winery. The thirty-day rule is not a mere policy; Federal law provides that if an application is not filed within thirty days of a change of control, the seller's permits terminate automatically. But if applications for new permits are filed within the thirty days, then the seller's permits continues in effect until the buyer's application is acted upon. With enough advance planning there is no reason the buyer's TTB applications cannot be filed upon closing the sale or even before, but even if the parties delay finalizing certain aspects of the transaction until the close, thirty days should be long enough to complete and file the TTB applications -- if you're diligent.

TTB implicitly recognizes that the new owner is operating under the seller's permits during the transition. Excise tax returns and monthly reports of operations are filed under the seller's name and tax I.D. number. To facilitate the preparation of paperwork it is common for the seller to give the buyer or its representative power of attorney to sign returns and reports during this transition period.

The seller will also request that TTB discontinue its permits upon issuance of the buyer's new permits. This is where your good compliance housekeeping will facilitate the transaction. Otherwise, TTB will prolong the transition period -- and the seller's period of legal responsibility for its buyer's operations -- while any outstanding issues or deficiencies are addressed.

How state agencies handle a change in ownership of a winery

In California, the ABC will issue a temporary license to a buyer who takes over operations of an existing winery at its current location, upon the filing of an application to transfer the license. This transfer application needs to be filed in advance of the closing of the transaction so that the temporary license can be issued effective as of the date of closing. Even though TTB does not require the filing of applications for new permits for thirty days after the change, as discussed above, the California ABC often requires a copy of your TTB applications when applying for a temporary license, which effectively means that the TTB applications should be completed prior to the closing of the transaction.

When the transaction involves a stock purchase or change of ownership that does not change the named licensee on the license, then California law requires that a stock transfer application be filed within thirty days of the changes. A temporary license is not required because the licensee remains the same; only its owners have changed.

Each state handles the transfer of its winery licenses in accordance with its own internal procedures, and the timing of your transaction will depend on those procedures. Not every state issues temporary licenses. In some cases, applications must be filed long in advance of the transaction close to avoid a break in operations. Consult your state regulatory authorities or a compliance advisor about timing and procedures early in your planning stages.

The ease of the transition is up to you

How profitable your winery sale is depends on the deal you can negotiate with your prospective buyer. But the ease or difficulty of the transition is largely up to you.

The biggest thing you can do for an easy, smooth transition and continued good feelings between the parties is to learn in advance what to expect from the regulators involved, and start early on your compliance preparations. You are sure to come under their scrutiny and control when your winery changes hands, and it's easier to pass a camel through the eye of a needle than to sell your winery without their blessing.

Reading this article is a good start. Then, when a winery sale appears on your horizon, consult an expert about exactly how the requirements apply to your particular situation or set of options. You'll thank yourself for doing it!

Endnote: A word about escrows in California . . .

One of the most confusing issues in a transfer of a California winery is whether an escrow is required.

The buyer of any California business may elect to use a "bulk sale escrow" for protection from the debts of the seller. By giving the notices specified in the California Uniform Commercial Code, a buyer is relieved of any responsibility for the seller's unpaid debts. This type of escrow is optional when a California winery is sold.

In some California liquor license transactions, another type of escrow is mandatory. The California ABC Code requires that all retail licenses be transferred through an escrow. The winery license (Type 02) does not require an escrow because it is not a retail license. But California wineries often hold additional retail licenses, for example, to permit the sale of wines not produced by the winery, or to operate an associated restaurant or B&B. Under the ABC Code, these retail licenses must be transferred through a liquor license escrow. When retail businesses are bought and sold, a bulk sale escrow is often conducted concurrently with a liquor license escrow, so they are often confused.

Even when a liquor license escrow is required because the winery has a retail license, there is no reason to include the winery license or any winery equipment and wholesale inventory in that escrow. You can avoid delaying your transaction by allocating a portion of the purchase price to the value of the retail license and any inventory and furnishings, fixtures and equipment (FF&E) specifically associated with the retail license, in your purchase agreement. The liquor license escrow can then be conducted in accordance with its own statutorily mandated timeline, which can take up 90 days, allowing the rest of the transaction to proceed on a quicker timeline.

Alex Heckathorn is a principal in Compliance Service of America, a consulting firm which assists the alcoholic beverage and wine industry with regulatory compliance. His co-author, Sara Schorske, is the founder of Compliance Service of America (CSA), and has been writing on winery compliance for over 20 years. Their articles have been published in numerous wine industry magazines. http://www.csa-compliance.com

Gold - A "Bridge Over Troubled Water"

Back in 1969, when Simon & Garfunkel recorded "Bridge over Troubled Water" the duo had a gut feeling that this song was going to make a very big splash. And they were right, as their recording went on to become a number-one hit (staying atop the charts for six weeks) - while being covered by literally dozens of other singers.

Like Simon & Garfunkel, investors entering the gold market around 2001 have also scored a smash hit. Since then - quite simply - gold has performed in spectacular fashion. Even in 2008, when fears of a global financial meltdown drove virtually every asset class into the ground, gold alone held its relative value, actually rising that year by almost 5%.

And the best news? It's an odd's on favorite that we are still early in what could prove to be an epic precious metals' bull run. Says Doug Casey, who wrote one of the top selling investment books of all time: "The easy money in precious metals and the mining stocks has been made, but the big money lies ahead." With so many other investments looking questionable and the world economic situation still unclear, this "metal of kings" can provide the savvy investor with a bridge over troubled water. For peace of mind, look at gold (and silver) as providing insurance first; profit second. Why is the Case for Gold so Compelling?

Central Banks have Become Net Buyers

Between 1999 and 2002, England's central bank sold two-thirds of its gold reserves at almost the exact bottom of what turned out to be the end of a 20 year bear market. The official who squandered this portion of his country's monetary legacy was later to become Great Britain's Prime Minister - and lend his name to what is known in financial circles as "The Brown Bottom." A few years later, Canada (also unwisely) followed suit, getting rid of almost its entire reserve of gold.

But it now appears that central bank thinking has changed. For the first time in over 22 years, they have actually become net buyers - led in the fall of 2009 by India's purchase of over 200 tons of gold. Most of these officials are once again concluding that the yellow metal's strong financial performance makes it a useful counter-weight to the swings of the U.S. dollar, which has been steadily losing value for a number of years. While gold is no longer the foundation of the international financial system, it is still considered by central banks to be a crucial reserve asset. Rumors are abuzz that China, as well as a number of wealthy Middle Eastern nations have been quietly scooping up what little gold the International Monetary Fund (IMF) has been offering for sale.

Supply is Down

According to the World Gold Council, gold's popularity continues to surge, driven by increasing industrial and jewelry manufacturing use, in addition to very strong investor demand - from individuals and institutions.

Also, producers have accelerated the unwinding of their hedge books. Years ago, mining giant Barrick Gold pre-sold much of its production forward under contract, promising to deliver at hundreds of dollars an ounce lower than where the metal trades today. In a better-late-than-never development, it recently decided to buy back all of its hedges - in the process, suffering a loss of several billion dollars...and adding to global gold demand.

The data strongly implies that available stockpiles will not keep pace with demand in coming years. Gold's global production peaked in 2002. Several of the world's largest mining companies expect further declines in production next year, and are in a scramble to increase reserves through the acquisition of new mining properties. South Africa, once the world's largest gold producer (now supplanted by China), mined its lowest amount of gold since 1922 - and its overall output is down 72 percent from its 1970 peak. Whereas China and Russia have become a major force in gold production, they also seem inclined to hold onto most of it - adding these precious ounces to their own reserves.

Importantly, no new major mine supply is expected in the near term. In general, it takes more than a decade to acquire, finance, build and staff a mine and commence production. Thus, the supply/demand imbalance is expected to continue - and is likely to increase for years to come.

Most of the new gold discoveries in recent years have been of the low grade/bulk tonnage variety, often in remote locations - sometimes near environmentally-sensitive areas. The normal procedure with these deposits is to dig up and crush thousands of tons of ore-bearing rock, then apply chemicals in a "heap-leach" process to get out the gold. The yield from this procedure is often only a few grams per ton! Compounding the supply problem is an ongoing global shortage of trained geologists, miners, diamond drills and mining equipment.

While Demand is Up...

Demand, on the other hand, continues to increase in the face of the newfound prosperity and increased disposable income being freed up by the Asian economic boom, particularly in China and India - three billion people adding fuel to a long-term shift in consumption demand.

Throughout the developing world, gold is the most liquid, efficient and widely accepted form of exchange and the best store of value - especially in rural areas that lack access to banking services. Jewelry is coveted in the developing world, where it functions as both adornment and savings. It is often the only asset a Muslim or Hindu woman is culturally permitted to own, and therefore may be her only form of protection against financial adversity. Additionally, the dowry concept is alive and well in India today, where gold is commonly transferred from the family of the bride to the groom.

Recently...

Legendary hedge fund manager, John Paulson has chosen to place a significant percentage of his total investment capital into gold and its relatives - ETFs and stocks. He actually owns more gold than that of several countries combined!
Northwestern Mutual Life Insurance Co., the 3rd largest life insurer, has now bought gold for the first time in its 152-year history.
The U.S. Mint is dealing with "pipeline" shortages of gold and silver blanks, causing delays or outright cancellation in the production of certain numismatic and bullion coins.
The Gold Buffalo - America's first 24 karat gold bullion coin - had its 2009 issue release delayed until last October, and in less than two months, discontinued sales until 2010...after exceeding its annual sales totals for each of the past two years.
The U. S. dollar is no longer perceived as the automatic safe haven for concerned investors around the globe. If you had a choice, would you rather own "digital dollars" - or gold?
It is in the government's interest to create inflation through excessive expansion of the money supply, in order to pay off its obligations of accumulated debt, such as employee pensions, Medicare and Social Security, in worth-less dollars.

Gold production is limited. Money creation by Printing Press is...Infinite.

Zimbabwe: Not that many years ago, the Zimbabwe dollar was trading at US $1.47. Last year, it had sunk to 100 TRILLION to the Dollar. A beautiful country which used to export grain to its neighbors now faces starvation. Imagine how a Zimbabwean family would feel, if they could lay claim to even one ounce of gold!

North Korea: In December 2009, North Koreans awoke to find that they would be required to exchange 100 units of their currency, the won, for just 1 unit of the government's new paper money. Overnight, the savings of these long-suffering people (except for the bureaucrats) had been wiped out. How different things might have been for them, if they possessed just a few ounces of "the poor man's gold" - silver!

The United States? Can we have "guns and butter" as the U.S. tried to do in the 1960's to finance the Vietnam War and the President's Great Society programs? In just the past year, the Federal Reserve has doubled the country's monetary base. In addition, how will we pay for a massive new healthcare program and two wars?

Within the next 12 months, it is estimated that the U.S. Treasury will have to finance between $2 and $3 trillion dollars in short-term debt, an amount equal to 30% of our GDP. Where will the money come from? Richard Russell, the doyen of financial newsletter writers (who began publishing in 1958) answers this rhetorical question. He says, "(And) my answer is that the money will have to come from the Fed by way of the printing press."

Is it any wonder that gold has outperformed nearly every other asset class over the past few years, including the S & P 500, protecting investors now in the same way that it has during other turbulent times? According to the Wall Street Journal:

"Even with the rebound this year, the U.S. stock market posted its worst performance for any calendar decade in nearly 200 years of American stock-market history. Investors would have been better off investing in pretty much anything else, from bonds to gold or even just stuffing money under a mattress. Since the end of 1999, stocks traded on the New York Stock Exchange have lost an average of 0.5% a year thanks to the twin bear markets this decade."

If gold had a voice, it would most likely sing, "I'm on your side, when times get rough/And friends just can't be found."

For 5,000 years, Gold and Silver have been looked upon as "Honest Money"

Honest, because gold and silver's rarity forces governments to limit the amount of paper in circulation. When citizens can exchange their printing press bills for "honest money" the government is forced to act responsibly regarding how much currency it can print...and how much it can spend!

Throughout history and across cultures, people have understood that it is wise to keep a portion of their wealth in gold. Over time, gold holds its value and serves as insurance. It is a truism that in Roman times, an ounce of gold would buy a fine tunic (garment) - and today that same golden ounce will still purchase a high quality suit.

The world is awash in fiat paper. Today, not a single currency is backed by gold - the first time in history when this has been the case. The total value of all paper money and bonds in the world is estimated to be on the order of $100 trillion, while the total value of all the gold ever mined is $5.9 trillion. Essentially then, for every dollar in paper money, there are only 5.9 cents worth of real money to back it up - a disconcerting thought. Perhaps the time has come to bring gold into your own portfolio, so that it can help serve as a "bridge over troubled water" for you.

Gold is Rare

Just how rare is gold? How small is the supply? According to the World Gold Council, as of 2006 the total amount of all gold ever mined comes out to under 6 billion ounces. Given that the total world population now exceeds 6.6 billion people, there is less than one ounce of gold available per person to invest in right now - a figure that shrinks even further in light of the fact that central banks already hold a considerable amount of the above ground supply.

It has been estimated that in USD terms, there are roughly $200 trillion in investable assets globally, but only $5.9 trillion of that wealth is in gold.

Why is this relevant? For one thing, financial portfolio managers suggest that at least 5 percent of a person's total net worth should be invested in precious metals as an insurance policy to protect against hard economic times and periods of geopolitical instability. Yet very few people have followed this advice - which is somewhat fortunate, as there is not enough gold to go around should the general public decide to act on this advice en masse!

Gold's Special Qualities

Gold has functioned as an adornment and store of value for more than 6,000 years. The earliest gold jewelry dates from the Sumerian civilization that flourished around 4,000 BC. Gold's intrinsic beauty, warmth, glitter, sensuality and spiritual richness have evoked powerful human emotions throughout history.

The Bible contains a detailed and lengthy description of the role that gold in its various forms played during King Solomon's reign (1 Kings Ch. 10). To hold an item made of gold is to possess something that has provided security and value for thousands of years.

Gold plays a vital part as a symbol of love and devotion. It has significance for occasions like weddings, anniversaries and birthdays, as well as a host of other holidays, ceremonies and customs. Consider, too, the ways in which gold has enriched our language - the best years of our lives are known as "the golden years" An advantageous situation is referred to as a "golden opportunity." A civilization's time of peace, prosperity and creativity is referred to as a "golden era". Treating others the way you wish to be treated is known as "The Golden Rule."

Gold is...

Free of religious or political affiliation
Neutral on race, gender and language preference
Easily transported
Universally accepted
With low/negative correlation to other major asset classes, helps diversify ones portfolio.
Impervious to corrosion, tarnish or decay
Free from debt (no one but the owner has claim to it)
Rare, scarce and difficult to produce -world supply increases less than 2% annually.
Cannot be created in unlimited quantities on a printing press like the dollar, yen or peso
All but impossible to counterfeit
Easily bought and sold anywhere in the world
Incapable of being bankrupted - no one but its owner has a claim to it.

Concluding Thoughts

Gold is quite simply, on a powerful run. In 2009 it traded at more than $1,200 an ounce - over 4 times higher than its low point in 2000. For 9 years in a row, the price of gold has increased. Can you name another asset class which has shown this kind of performance during the first decade of the new century? As a result, gold is gradually appearing on people's radar screen - and finding its way into Main Street portfolios.

At the top of gold's last bull market in 1980, the nominal high price was $850. To reach that same level on an inflation-adjusted basis today - using the CPI as calculated by the government - the price would rise to somewhere between $2,000 and $3,000. And what if the U.S. decided to return to a gold standard to back its paper dollars? Gold would have to be valued at more than $6,000 per ounce.

Major investment banks and brokerage firms that were long silent on gold are now talking it up. Merrill Lynch has reiterated its forecast that gold could top $1,500 during the next year or so.

Analysts know that the combination of slowing U.S. economic growth, the inflationary effects of rising oil and commodity prices and a change in supply-and-demand dynamics make gold a safe haven, which is likely to place further upward pressure on its price given the tight supply. Just like during the last metals bull market, we will see one of the giants of business publishing a book that advises investment in gold and precious metals, an event which may well serve as the tipping point toward a new investment Gold Rush.

Some observers believe that the gold price will be driven much higher, not so much due to greed, but more by fear, as the public - from some of the wealthiest investors, to those individuals and families who may only be able to afford fractional gold ounces - seek a way to protect their assets from the ravages of inflation, volatile stock and real estate prices, not to mention currency destruction like that experienced by the unfortunate citizens of Zimbabwe and North Korea.

Throughout history, the fate of every paper currency issued has been an eventual decline to its intrinsic value - zero. Could this happen to the United States? While no one can say for sure, betting against history could be a risky move. As the famous line from the Dirty Harry movie goes, "Do you feel lucky today?" Well, do you...?

Is the Last Train Leaving the Station?

Those who do not own gold need to ask themselves if it has become decision time. For those who decide to act - Do it to protect and diversify your portfolio. Do it for family. Do it because commodity bull markets typically last 15 years or more, and this one looks like it has a long way to go.

The last train may be leaving the station, so don't be left behind. The U.S. dollar may well continue to fall relative to foreign currencies. This will fan the flames of inflation as foreign goods become more expensive. Asian investors continue to dump the U.S. dollar, and the central banks of Singapore, South Korea, Taiwan and Vietnam have signaled their intention to cut purchases of U.S. bonds. China is becoming less friendly to the dollar and clearly intends to diversify. August 2007 marked the first time since 1998 that the rest of the world has sold more U.S. treasuries than it has purchased, and that trend continues. Our government has actually had to buy some of its own debt to make up this difference! U.S. Federal Reserve rate cuts have trimmed our yield advantage over other countries, making for a very gold-positive situation.

Become a part of this historic bull-run in gold, and rest easier at night knowing that you have preserved your purchasing power and that you hold something of real and increasing value.

As Simon & Garfunkel sang, "Your time has come to shine/All your dreams are on their way...."

FAQ: Intellectual Property Protection

Frequently Asked Questions on Intellectual Property Protection

1. Are intellectual property assets?

Without a doubt, intellectual property (IP) is one of the most important assets that a company will own. IP can be licensed, bought, sold, hired or mortgaged like any other form of property. One of the main sources of IP is from the results of research and development work. In order for companies and individuals to maintain the value of their IP, they must ensure a sufficient level of protection and safeguard against infringing a third party's IP, writes Dr Rosanna Cooper.

2. What are intellectual property rights (IPRs)?

Intellectual property right is the right to use intellectual property. IPRs fall within two main categories, registered and unregistered rights. Patents, trade marks and registered designs are registrable rights. Unregistered IPRs include copyright, designs, brands and know-how. Domain names can be classed as quasi-registered rights.

3. How to obtain a UK patent?

Patents protect inventions such as processes and products. Patents in the UK are obtained by filing an application with the UK Patent Office. On examination of the application, the Patent Office determines whether a patent should be granted. The application goes through various stages and can take up to four years before it is granted, although under the UK system, the process can be expedited.

Should patent searches be carried out?

It is always worthwhile to carry out relevant patent searches to establish the risk of infringement.

4. What is the test for patentability?

To be patentable, an invention must satisfy each of the following conditions:

It must be novel (i.e. not made or used anywhere in the world before the filing of the patent application);
It must involve an inventive step (i.e. it cannot be an obvious step);
It must be capable of industrial application( all industries apply); and
It cannot fall within an excluded category i.e. a discovery, a literary work or mathematical model.

5. What is the priority date?

On the filing of a patent application, the owner of the invention has 12 months from the filing or priority date in which to file foreign patent applications.

6. How long does a patent last for?

It is good practice to decide, as early as possible, on an international patent filing strategy. An investor should be made aware of the significant costs involved in obtaining international patents.

Is should be noted that the inventor may not necessarily be the owner of the invention as an employer will own any invention made during the course of employment. A registered patent protects inventions by giving the owner of the

invention a 20 year monopoly right of exploitation.

7. Are patent rights territorial?

Patent protection applies only in the country in which the patent is granted. It gives a patent owner the right to bring an injunction to stop a third party infringing an invention protected by a patent i.e. a third party cannot use, sell, hire or import the patented products or processes without the authorisation of the owner. The case of Agilent Technologies Deutschland GmbH v Waters Ltd (2005) is a recent patent infringement decision.

8. What are the remedies for patent infringement?

The remedies available are damages (compensation for any loss suffered) or a percentage of profit made by a third party. The claimant can also obtain an order from the courts to have the infringing products destroyed.

A recent case is http://www.rtcoopers.com/patent_infringement_aug.php

9. When can an invention be disclosed?

Disclosure is only relevant to patents, registered designs and know-how. If an invention is disclosed in any form (which could be oral, written or by use), the invention loses its novelty and the proprietor of the invention loses the right to obtain a patent for that invention. The following disclosures, before the priority date, can lead to an invention losing its novelty:

If the invention is published (even in an obscure journal);

If an invention is published on the Internet;

If the invention is disclosed at an international conference;

Publication of a patent application by the UK Patent Office;

Use of the invention by a member of the public (without breaching confidentiality);
The public is given sufficient information in the patent application to perform the invention; or
The oral disclosure of an invention.

An exception is where an invention is exhibited at an international exhibition within six months before the priority date in that case novelty will not be lost.

10. What is the position with the USA?

It should be noted that even if an application is published in the UK, it may still be patentable in the USA, as the invention date will be taken from the dated, signed and countersigned page of the researcher's laboratory notebook which first described the invention.

11. Are Computer Programs patentable?

With the advent of the Internet and the growth in IT, companies are seeking to obtain patent protection for computer programs. Patents of computer programs are more readily obtainable in the USA and Japan than in the UK and the rest of Europe. The EPO and the UK Patent Office only granted patents for computer programs where the program brought about a technical effect. The Directive on the patentability of computer-implemented inventions (CII Directive) was rejected on 6 July 2005 by the European Parliament during Second Reading. It was intended to maintain the status quo of permitting the patenting of certain types of inventions involving the use of computer programs, providing they made a 'technical contribution' - and providing they also met the normal patentability requirements of being new, inventive and having industrial applicability

http://www.patent.gov.uk/media/pressrelease/2005/0607a.htm and http://www.rtcoopers.com/software_patents.php

However, the UK Patent Office will accept patent claims to computer programs, either themselves or on a carrier, provided that the program is such that when run on a computer it produces a technical effect which is more than would arise from the running of any program on a computer.

12. Can you patent a business method?

In the USA, patents for computer implemented business methods are available but not in the UK. If a company has a novel business method it should consider making an application for a US patent. There are certain formalities, however, which will have to be adhered to.

13. What are design rights?

Design rights are of two types, registered and unregistered. Unregistered design right affords protection to functional as opposed to purely aesthetic designs.

14. What are unregistered design rights?

Design right arises automatically by the operation of law and protects new original, non-commonplace designs of the shape or configuration of articles. Design right is not a monopoly right but a right to prevent copying.

15. How long does an unregistered design right last for?

It lasts until 10 years after first marketing articles made to the design, subject to an overall limit of 15 years from creation of the design. Certain exceptions apply to design right.

In general, design right protects designs created by nationals, residents or companies of the European Community. The design right owner has the right to take civil action in the courts and the remedies available are the same as above.

The Dyson case represents a significant decision regarding unregistered design rights.

16. What are registered design rights?

A registered design is a monopoly right for the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture, materials of the product or its ornamentation. For a design to be afforded protection, it must be new and have an individual character. A design is new if no identical design or the designs whose features differ in immaterial details have been disclosed to the public anywhere in the world (the prior art), before the date of filing the application or the date from which priority is claimed.

17. What is the grace period?

However, if a designer himself, at least 12 months before filing an application (or claiming priority) markets, promotes or exhibits his designs to gauge levels of interests this would not amount to disclosure.

18. What is the test for a registered design?

To meet the requirements of individual character the design must produce on the informed user, a different overall impression from prior designs. This may be a retail customer. The degree of freedom of a designer in creating a design is taken into account in determining whether a design has individual character. Where minor differences separate the design from the prior art then the scope of protection is limited, the public should be able to ascertain that a design is different from others that already exist.

19. How long does a registered design last for?

Registration of a design would last initially for 5 years, and extendible by 5 years, up to a maximum of 25 years.

20. How do I obtain a UK registered design?

To obtain a UK registered design you can apply to the Patent Office on the prescribed form. You can obtain further information on obtaining a community registered design by clicking on this link.

21. What should be taken into account in my business plan regarding filing of a registered design?

Investors usually require a start-up business or inventor to have a design filing strategy in place as the filing costs should be taken into account when preparing a business plan.

22. What are trade marks?

Trade marks are the badge of a business and protect any mark capable of graphical representation, which distinguishes the goods and services of a company from those of another. Trade marks include names, signatures, smells, shapes and logos. When choosing a new trade mark, it is advisable that a company carries out the requisite trade mark searches in the UK and in all other key markets, in order to minimise the risk of infringing a third party's trade mark.

23. Should a trade mark search be carried out?

Searches are therefore imperative, although the costs of trade mark searches can be significant.

24. How long does a trade mark registration last?

Trade mark protection lasts for ten years and the registration is renewable every ten years thereafter. The registered mark must be used, preferably in the form in which it is registered, in order to avoid the risk of a cancellation action.

25. Why is the priority date important?

A company has six months from the date of filing a trade mark application (the priority date) in which to make foreign applications, otherwise the company will not retain the filing date. There have been some significant developments in trade mark law.

26. Is a filing strategy required?

Investors usually ensure that a company has adequate trade mark filing strategy in place for achieving international trade mark protection. There are a number of trade mark systems available to achieve International trade mark registration including the Madrid Protocol.

27. What can be done if a third party infringes our trade mark?

A company can only bring an infringement action when the trade mark is registered. The remedies available are the same as for patents. However, a company can also obtain damages for past infringement, which occurred before registration.

28. What is copyright?

Copyright protection in the UK arises automatically by an operation of law.

Can a copyright work be registered in the UK?

There is no system of registration. However, copyright registration can be obtained in the USA for certain copyright works.

What types of works are protected by copyright?

Copyright protection can be afforded to various aspects of work such as literary, dramatic, artistic works, including, research notes, books, recipes, computer programs, typographical arrangements of published works including articles or lecture notes.

What is the test for copyright protection?

For copyright to subsist in a work there has to be some element of originality and the test is the degree of skill, labour and judgement expended by the author in the creation of the work.

Who owns the copyright?

The author of the work owns copyright, unless the work was created during the course of employment, in which case, the copyright belongs to the employer.

How long does copyright last for?

Copyright lasts for the life of the author plus 70 years.

What are good housekeeping rules regarding copyright protection?

A company should, as part of its good housekeeping rules, place copyright notices on all original, texts, scripts, sketches and diagrams and other copyright work. For e-businesses, a copyright notice should also be placed on a website.

What amounts to copyright infringement?

If a third party infringes copyright material, whether it is the copying of text from a website or a published article, the owner of the copyright has the right to bring an infringement action to stop the copying of such material. The remedies are the same as described above.

What are brands?

Goodwill and reputation protect the brand of a business.

Can a company sue for infringement of a brand by a third party?

A company can bring an injunction for the unauthorised use of its unregistered trade mark to stop a third party from passing off its name. In order to succeed in a passing

off action, a company must have the necessary goodwill and reputation and satisfy certain other criteria. One of the most important criteria is that the company bringing the claim must be able to show confusion on the part of the public. This is usually achieved by using survey evidence, which is generally expensive to collate. The remedies available are the same as for a trade mark infringement action. For a recent case on brands see http://www.rtcoopers.com/deception_or_confusion.php.

How can confidentiality/know-how be protected?

Confidentiality protects other information not capable of IP protection, such as an invention before a patent application is filed, know-how, including commercial information, recipes, trade secrets, processes and improvements to products. In order for an invention to be protected by the law of confidential information, the information must have the necessary quality of confidence.

It is therefore crucial for the owner of an invention to enter into a confidentiality agreement at the outset of any negotiations relating to an invention. The agreement must specify:

o What information has to be kept confidential;

o How long for;

o The purpose for which the information is to be disclosed; and

o Any other limitations placed on the use of the information.

What are the remedies for breach of confidentiality?

The remedies for breach of confidential information are the same as for IP infringement.

What is IP Insurance?

IPRs are valuable assets and, as such, should be protected to the fullest extent. Litigation can be very expensive whether a company is bringing or defending an action. There are specialist types of legal expenses insurance policies available for safeguarding or defending against:

o Infringement of IPRs;

o Actual or alleged breach of contract; or

o Defending a challenge to the validity of the insured's IPRs e.g. the validity of a patent.

What are the key issues involved in IP protection?

The following checklist should aid you in assessing whether your company has a sufficient level of IP protection. The list is not in anyway exhaustive.

IP Issues

Patents

o Is the invention capable of patent protection?

o Have the relevant patent searches been carried out?

o Is there a risk of infringing a third party's patent?

o Has the invention been disclosed in any form to a third party?

Copyright

o Is the work original?

o Who owns the copyright in the work?

o Have copyright notices been placed on all original work?

Design

o Is the design original?

o Is the design commonplace?

o Who owns the design?

o Trade Marks and Brands

o Who owns the trade mark?

o Have the requisite trade mark clearance searches been carried out?

o What is the trade mark filing strategy?

o What is the risk of infringement and/or passing off?

Know-how

o Is the know-how kept secret and identifiable?

o Have any know-how licences been granted?

Patents

o Has the invention being disclosed in anyway, anywhere in the world?

o Was the invention disclosed under an obligation of confidence?

o Did the parties sign a confidentiality agreement?

Designs

o Has the design been disclosed to a third party?

Confidentiality

(Protects information as long as the information remains confidential)

o Has the inventor entered into a signed confidentiality agreement with a third party?

o Is there a third party in breach of confidential information imparted to it?

o How does the individual or company keep information confidential?

o Have all relevant information been marked as 'strictly confidential'?

E-business

o Does the company have well drafted Terms and Conditions?

o Does the company have all relevant notices on its website?

o Does the company own all copyright and other IPRs on its website?

o Does the company have the relevant data protection notice on its website?

o Does the company's advertisement comply with the relevant UK Codes of Advertising and legislation?

Risk Management

o Does the company own all its IPRs?

o Does the inventor or its employee's keep written records of developments?

o Are research notes written, dated and initialled?

o Does the company require a data protection certificate?

Insurance

o Does the company have adequate insurance cover?

o Does the company have a specialist IP or 'cyberliability' insurance?

o Has the company undertaken an IP audit?

o If so, has the audit identified any other invention, which should be exploited?

© RT Coopers, 2005

Dr Rosanna Cooper is a partner in RT Cooper Solicitors specialising in commercial law. Dr Cooper may be contacted on 020 7488 2985 or by email: enquiries@rtccopers.com. Website: www.rtcoopers.com

© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Full service commercial law firm based in the City of London specialising in intellectual preoerty law, intellectual property protection, copyright law, intellectual property lawyers, patent attorneys, patent lawyers, copyright lawyers, copyright solicitors, trademark lawyers, trademark solicitors, intecllectual property lawyers, intellectual property solicitors. If you require advice and assistance email us at enquiries@rtcoopers.com or visit our website at http://www.rtcoopers.com/practice_intellectualproperty.php

Senator Pat Roberts for President?

It is my honor to welcome Senator Pat Roberts to The Global Townhall to discuss energy, reconstruction blue prints, Iraq, Afghanistan, foreign aid, his favourite achievements and his intentions on running for President. Or not.

The Global Townhall: A roundtable meeting with Ambassador Herbst who serves as the Coordinator for Reconstruction and Stabilization with the U.S. Department of State had me considering a blue print for future operations. In the spirit of improving our next results, I would like to evaluate the Iraq reconstruction. If people compare and contrast a more successful reconstruction in Sierra Leone (which is not perfect, but as good as you could realistically hope for) they will find the most fundamental difference was reinstating the lower level workers. In Sierra Leone 300,000 people were put back to work to assist with reconstruction and civic service. In Iraq 600,000 Baathists, who knew how to run the country, were left unemployed and had less than zero incentive to assist in rebuilding the country. In the end the Baathists had to be reinstated (much to the chagrin of the different fractions of course.) What would be your advice for a future reconstruction blue print? Reinstate the lower level workers, meaning not the leaders, or not?

Senator Pat Roberts: In recent years, the Office of the Special Inspector General for Iraq Reconstruction (SIGIR) has produced several reports addressing lessons learned on reconstruction and stabilization efforts in Iraq. Our efforts in Iraq were certainly made more difficult due to the fact that we were simultaneously carrying out military operations while addressing infrastructure needs.

Additionally, multiple agencies were charged with reconstruction efforts and in some instances lacked a central source of authority. While there have been some setbacks, we have also witnessed success. The Kansas National Guard recently completed a successful mission to Afghanistan with special Agriculture Development Teams. These teams partnered with local authorities to help train and better equip individuals with tools for economic growth and stability in agribusiness. This mission in Afghanistan is an application of lessons learned in Iraq. I believe our partnership with the local government and civilian workforce has helped reinforce confidence in America's commitment to a successful, independent region.

The Global Townhall: When the oil prices were sitting at $20 to $30 a barrel in 2004, I wrote several articles warning that the 70's oil crisis prices were imminent; by 2008 they hit a record breaking high of $147 a barrel. The same conditions that caused me so much alarm then, still lurk in this new world order. The emergence of China and India's oil demand removes OPEC's dependence on America as a consumer and an unprecedented cooperation agreement quietly signe by Russia and Saudia Arabia in Sept 2003 to CO-OPERATE ON OIL PRICES drastically changes the paradigm. Consider, Russia is the largest supplier of oil outside of OPEC causing both a conflict of interest with an OPEC member having a subcontract, and creates a near oil monopoly when they want to play that card. Energy politics are drastically different from previous decades. The oil countries have new customers to buy their oil, a new contract to regulate oil prices, and of course the political will to destabilize the United States. How do you think we should address our future energy policy given the seriousness of the situation?

Senator Pat Roberts: In order to stabilize energy prices, we need to find new energy resources at home to increase our supply. With this in mind, I support the exploration and production of our oil and natural gas resources in both Alaska and the lower 48 states, expanded access to crude from Canadian oil sands, and greater development of our vast offshore energy supplies.

In addition to finding new sources of fossil fuels, we need to look to renewable resources to help meet our energy needs. As these examples show, Kansas plays a vital role in the renewable energy industry in this regard. Kansas is home to 11 operating ethanol plants with many more in development. Currently ranked 7th in the nation, Kansas produces 440 million gallons of ethanol per year. Additionally, as most Kansans know, the Great Plains and prairies provide a plentiful amount of wind. Several utility companies have come to realize this and have invested in wind energy in Kansas.

I will continue to support policies that reduce our nation's dependence upon foreign sources of energy. As our nation grows, so too must our vision for supplying our energy needs.

The Global Townhall: After living in Australia, Papua New Guinea and America and collectively spending years on the ground with locals in Indonesia, Egypt, Croatia, China and 20 odd other countries, there is one thing that astounds me; how little the world knows of all of the aid that America gives around the world. Winning hearts and minds is critical to global stability. To fully leverage our aid tax dollars and assist with national security, could we perhaps include a new requirement that the USA receives some prime time TV/radio air time in the country we are assisting to place touching ads stating we are giving the country aid? People I have mentioned this to have been excited about this concept. Although I recognize this is complicated, what is your read on the viability of putting a concept like this in place?

Senator Pat Roberts: I believe this is being done, but is perhaps not a requirement. With social media spurring revolution in Egypt, Libya and other places around the world, the U.S. must harness all means of communication to reach out to a global audience. Twitter and Facebook have allowed the U.S. to bypass some foreign government censorship, but it still happens, especially in China where they recently deleted a tweet from U.S. Secretary of State Hillary Clinton. Our military is especially effective at communicating with locals in Iraq and Afghanistan and have made this a priority in their efforts to fight and win the wars there. You must also keep in mind, that many of these countries receiving aid from the U.S. are third world countries, where media is not easily accessible.

The Global Townhall: What top three achievements are you most proud of implementing as Senator?

Senator Pat Roberts:

1. My work on behalf of American farmers and ranchers. I am proud of the 1996 Farm Bill, the work we have done to improve the crop insurance program, and the work we have done in bio security to protect our nation, agriculture and our economy.

2. Intelligence reform. I am proud to have helped improve our intelligence analysis and collection capabilities post 9/11 so that our country can be better protected from the many threats we face.

3. I am also proud of work we have done to shore up Kansas' military installations and the work we have done on behalf of men and women in uniform and their families. As a former Marine, I take this very seriously.

The Global Townhall: Politics can be nasty, what advice can you offer people in any industry on how to handle critics?

Senator Pat Roberts: I always say politics is not bean bag. You can't take yourself seriously, but you must take the job seriously. I am always respectful of those that disagree with my positions on behalf of Kansas and the nation, but I make an effort to listen to all Kansas and just agree to disagree with some of my critics.

The Global Townhall: What's next for you? Do you plan on running again? Have you considered running for President?

Senator Pat Roberts: I am running again, but serving the people of Kansas is enough for me. I have no interest in running for President.

The Global Townhall: Thank you so much for your time Senator Roberts. I look forward to watching you being honoured for your lifelong service to our nation, as you receive your Business Executives For National Security of Kansas City, "National Security Award 2011" in April.

International model and political pundit, Gabrielle Reilly, is CEO/Founder of The Global Townhall. The Global Townhall provides political articles and interviews with leaders and thinkers from the left and the right and spans the globe. Interviews include billionaires, world champion athletes, blockbuster movie stars, supermodels, political leaders who offer tips to improve your life and incite into their thoughts.

100 Domestic Violence Facts

1. Japan is known for being big on video-games, as a matter of fact they even have a "Domestic Violence Video Game.

2. DV, Spousal Abuse and intimate partner abuse statistics come from only two major sources, Agency Data and Survey Data. The problem with the data is that it is biased because it is too varied, complex and partially unvolunteering.

3 Fact: DV shelters funded by the Federal Government are not required to produce information and do not, information about what they do, how many numbers in or out is unknown, statistics and algorythims are not recorded, this does not help determine if domestic violence is rising or decreasing.

4. Legally and fully married couples report less than 5% of domestic violence calls and are less violent than the more unstable and unbonded relationship.

5. A CDC (center for disease control) survey found that 50 percent of all spousal violence was mutual making Partner aggression two-way.

6. 75% of domestic violence is caused by drug addicts.

7. Pets such as dogs, cats, etc are affected by Domestic Violence just as much as humans.

8. More than 50% of spousal Abusers also abuse their children.

9. Domestic violence occurs in both Religious and NON Religious families.

10. Spousal Abuse occurs in poor, middle class, rich and in wealthy families although lower income families are more likely to experience it.

11. It was illegal for a man to hit his wife after 9 P.M. in London ( meaning it was ok before 9 P.M.) reasoning was that women needed time to rest in order to do house chores.

12. Domestic Violence is a disease as it can be transmitted from one generation to the other.

13. Battered women shelters serve more children than they do women.

14. All Abusers do in fact feel guilt and are afraid of being caught.

15. Statistics on Domestic Violence are not precise, never have been and never will be. However, statistics certainly can become more accurate.

16. Women can indeed support themselves if they leave a domestic violence relationship, even if they believe otherwise. There are many programs available for DV victims.

17. When a victim decides to leave and gets caught is when they are in the most danger.

18. Domestic violence is a leading cause of homelessness nationally.

19. 25 % of all violent crimes reported in the UK are domestic violence related.

20. Domestic Violence claims the life of 2 women a week minimum, based on what is reported.

21. Often it is mocked, deemed foolish and comic when a man claims being a victim of domestic violence, however studies show that men lose their life to domestic violence at similar rates as women do.

22. Certain types of Abusers can be very well liked socially, can seem very nice out of the home debunking any claims the victim may have and making them feel NON-Credible.

23. 63% percent of all murders committed by boys between the ages of 11 through 20 kill their mother's Abuser.

24. Every State in the U.S. has a State coalition against domestic violence.

25. Domestic Violence can happen to anyone, even Oprah was once a victim and celebrities are constantly on the map for it.

26. Prevention and Education of DV is not taught in schools, If you know of a school that does have classes please reply here.

27. Police, Correctional, F.B.I, and High Ranking officials can also be Abuser's of Domestic Violence.

28. Men can be just as afraid of women in intimate partner relationships.

29. Men are less likely to report abuse as victims due to embarrassment, stigmas, credibility and nothing has been done to encourage it.

30. Every 15 seconds a woman is assaulted by a boyfriend her husband or a lover, every 14 seconds the same happens to a man ( FOX 2 NEWS )

31. There are 1500 Shelters for women in the United States and 3500 Animal Shelters, this is true there are more Animal Shelters.

32. Court ordered Domestic Violence courses and classes are not always successful and DO NOT Guarantee the abuse will stop, However it can and does help.

33. Professionals such as, Doctors, Lawyers, Police Officers, Ministers, Psychologists also beat their wives.

34. Stopping an Abuser's Drug and or Alcohol problem will not stop their abusive patterns, they are two separate entities although drug and alcohol use does make abuse more likely.

35. Many assaults are planned, premeditated and can last for hours.

36. Abuser's target NON visible part of the body and even when bruises are visible the victim usually manages to cover up the bruise.

37. An abuser will assault a women in the stomach while she is pregnant as it manipulates the woman drastically as she does not want her baby hurt. This is what I call the 2 in 1, abusing 2 people with one stone.

38. Police presence can make a woman even more vulnerable, because once the police is gone and the couple are back together, the victim will have to pay the consequences.

39. Domestic and Family violence kills just as many women every 5 years as the number of Americans killed in the Vietnam War according to (The Domestic Violence Sourcebook, Berry, 1996)

40. Just 17 states kept data on reported domestic violence offenses in 1991, According to this report: (Senate Judiciary Committee Report, October 1992)

41. Domestic Violence is the leading cause of death of women in the United States of America, According to the US Surgeon General.

42. Among causes of injury to women combined such as muggings, rape, Car Accidents, slips and falls, work related injuries, Battering would be the leader of the pack being the single largest cause of injury to women nationally.

43. 30 % of all Domestic Violence incidents involve weapons.

44. 80% of OHIO prisoners come from homes where domestic violence was an issue, this includes juveniles as well as adults.

45. Domestic Violence is not an anger control, however the victim may be led to believe so.

46. Children are aware of the DV in their home, even if it is hidden.

47. It is a crime and it is against the law to harass or physically harm another human being.

48. The U.S economy suffers a loss of up to $100 Million Dollars a year in Medical Expenses and between $3 and $5 Billion Dollars in missing work or sick days annually.

49. 22% percent of all Divorces in middle-class relationships are due to violence (EAP Digest November/December 1991)

50. Family Violence or Spousal Abuse is a secretive crime and can be a very well kept secret for years if not permanently.

51. Pregnant women that are battered are more likely to have babies with defects,low birth weights and even miscarriages.

52. Babysitters, Housekeepers, Gardeners, Caregivers, Guardians, Godparents, Butlers, and or sleepover friends are not exempt from domestic violence, no one is.

53. local law enforcements are not required or mandated to maintain data on the relationship between victim and offender except in the case of murder.

54. Until 1984 advising the Male partner to "take a walk around the block" was usually as much as police could legally do when responding to a domestic violence call.

55. It was in 1984 that the United States Attorney General suggest that automatic arrest become standard when responding to a domestic violence call.

56. Non Cooperation of the victim during abuser prosecution is too often the cause for dismissal of abuse cases, however some states no longer require the victim to follow through and now continue prosecution when enough evidence allows. This is know as the no-drop policy.

57. Abusers may use legal and or illegal drugs to spike a victim's food or drink in order to further manipulate them and make them more vulnerable.

58. There are actually countries that do not have a domestic abuse law or crime bracket, for example in Scotland there is no crime known as Domestic Abuse.

59. Insurance companies treat Domestic Violence as a pre-existing condition. Meaning if you're husband beats you either you can be turned down for insurance or you may have to pay a much higher insurance premium.

60. Domestic Violence can be that of a slavery setting, where the victim works and the abuser reaps the benefits and controls every aspect of the victim's lifestyle.

61. In any given Domestic Abuse Case 95% of the times The male partner is arrested.

62. Domestic violence is an under reported crime Only approximately 25 percent of all physical assaults, and 50 percent of all stalkings perpetuated against females by intimate partners are reported.

63. Over one Million of Domestic Violence allegations are false.

64. In 7 out of 10 cases women were the aggressors of an Abuser/Abusee relationship where there male partner did not re-act physically According to a national survey on partner aggression Published by the Centers for Disease Control in May 2007.

65. Men and women commit domestic violence at similar rates according to Professor Linda Kelly of The Indiana State University School of Law.

66. Women who experience domestic violence first hand are more likely to get sick in their latter years, sick as in suffering from asthma, getting a stroke, 70% chance of having heart disease and a chance of turning to substance abuse or heavy drinking.

67. Domestic and sexual violence are known to involve the transmission of sexually transmitted diseases such as H.I.V. etc

68. The majority of women who have been victims of spousal abuse become less negotiating about practicing safe sex or using protection with future partners.

69. Many Abuser's have no criminal history or crime record and can seem harmless, kind and family oriented.

70. Undocumented immigrant victims are somehow more vulnerable to abuse, because of their partner's documented legal status, making them less likely to seek help due to deportation threats made by their abusers.

71. Women use violence to resolve conflict in intimate relationships just as often as men according to a well-publicized study conducted by Dr. Murray Strauss of the University of New Hampshire.

72. Abuser's with Legal U.S. Citizenship many times deter their victims from gaining U.S. Citizenship/legal status to keep them isolated.

73. A host of different women from Hispanic backgrounds such as Mexico and Columbia are lead to believe that Domestic Violence is acceptable because of their Macho like cultures.

74. Undocumented Immigrants often do not trust the American Legal system when it comes to domestic abuse because of their fear of deportation, also the reason why they will stay in such relationships longer.

75. Men are less likely to view partner aggression towards them as a crime, another reason why men don't come forward.

76. A high number of women become victims due to them first initializing an assault towards their husband or partner.

77. Women are more likely to report abuse then men are as victims.

78. Domestic Violence does not appear on the U.S. Department Of Health and Human Services list of leading causes of injury. However, accidental slips and falls, over exertion and car accidents are.

79. The cost of domestic violence towards men us "UNKNOWN" however the cost of domestic violence towards women is $5.8 Billion according to the center for disease control but supposedly $13 Billion from other sources.

80. Automatic mandatory arrest laws escalate, not reduce, the risk of successful partner violence, because when abusers are let loose they are known to retaliate.

81. The claimed fact that women lose $8 Million days of paid work is actually reversed, this is the total amount of lost days in monies Men lose each year not women, do the math.

82. 71% of kids killed by a parent were killed by their mothers, according to Data from the Department of Health and Human Services.

83. Domestic violence facts and statistics are amongst the most misleading, mythical, railroaded, un-informative and farse facts and statistics ever. Much trickory and deception is used in the numbers brought forward.

84. BWS or Battered Women's Syndrome first came about in the 1970's. This alleged syndrome helped and cushioned women who murdered their husbands, boyfriends, or lovers. It was also used to justify why they killed their partners.

85. Major Holidays aren't any better for victims than they are for Abusers, Thanksgiving and Christmas raises tension and stress in domestic abuse relationships due to the victims yearning want to see his or her family and the abuser just not allowing it.

86. Abusers tend to deplete their victim's bank accounts and destroy their credit to make them less versatile and more dependent on their abusers.

87. A staggering number of victims do not know what domestic abuse is, nor do they know that they are living it. Even when they have a sense that something's wrong, they do not see the abuse coming as it stems and grows, it is why they say love is blind.

88. Spousal and Domestic Abuse rates are not their highest on Super Bowl Sunday than any other single day of the year. Not all men are into football, as a matter of fact men usually are not with their female partners on that day.

89. The reason or reasons why victims stay in such relationships is or are limited financial funds to get out and move, fear of making the abuse worst if caught leaving, and immunity to the abuse, there is an old saying "we like what we know, but we are afraid of what we don't know"

90. A century 100 Years Ago it was legal for the husband to beat his wife in the UK given that he only used a stick no thick in width than his thumb.

91. Domestic Violence occurs in absolutely all races and ethnic groups to any gender regardless of age.

92. If battering and abuse is not decreasing, its increasing and tends to develop over time.

93. Abusive women have used domestic violence as a tool to arrest and intimidate their male partners by making false claims that her husband assaulted her. With the new domestic abuse laws of mandatory arrest on a domestic abuse call this is an easy one for women to pull. ( Ladies don't get any ideas, if you're husband treats you well, be nice to him )

94. A study on dating couples determined that 70 percent of all physical abuse was inflicted by both parties.

95. Blind, deaf, handicapped and mentally retarded persons are also subject to abuse one way or another.

96. Military domestic violence statistics show that the army had the higher incidents of all the services Marines, Navy, and Air Force following in order.

97. Technology has played a major role in domestic abuse recently. For example Abusers use Email, tracking devices, cell phones etc, to monitor their victims where abouts. Victimized Men have also incorporated the use of technology in the form of surveillance to record and prove that their spouse was indeed abusing them.

98. Written policies, standards, protocols are a must by all law enforcement when responding to any domestic disputes.

99. A victim does not have the option to choose whether they can press charges or drop the charges once an arrest is made. The state takes over the case and follows prosecution.

100. A protective order, Order of protection, stay away order, restraining order, emergency protective restraining order whether temporary or permanent does not guarantee solid protection for a victim, especially since victims tend to allow the abuser to contact them after an arrest or the abuser may stalk the victim. However an automatic mandatory arrest is made if authorities are made aware that the perpetrator has violated such court order.

Beth Ross is a moderator at http://www.domestic-violence-online-center.com/ voluntarily helps with the forum and contributes content for the site. Having gone through domestic abuse in her past, Beth now passes on what she knows on her free time.

Is A Depression In Our Future?

Some say it is the declining value of the dollar; others blame drought, oil prices, and the mortgage crisis. No matter who or what you blame, the certainty is that the American economy is in crisis. Despite appearances and rhetoric, the depth of the crisis confronting Americans and the world go deeper than many are willing to admit. While economic pundits and politicians are finally using the word "recession," there are those who are beginning to think depression.

This past weekend we went grocery shopping at the largest retailer in the area, one that is the largest worldwide. What became immediately clear was that there were many wholes in the shelves which, on any normal Saturday morning, would have been stocked to overflowing. In addition to our normal bag of flour having risen from $2.99/5lb. bag to $4.99, it was clear that this commodity was in short supply. The same was true for rice, eggs, meats and many other staple products. The shelves were certainly not bare, but the gaps and low stock was clearly evident. While this could have been attributed to late deliveries, concern rose the next day when a friend went shopping at a different chain and found a similar situation; jacked prices, no flour, little rice and obvious gaps in product stock.

There is no question that rising fuel costs are having a dramatic impact on food prices and availability. Reports are aired everyday about the soaring costs of staples. The truck driver rally in Washington, D.C. could not help but go unnoticed by the media as the plight of drivers worsens. Still not sure how widespread and how deep this problem had reached; I conducted a very informal survey of various writer groups nationwide. Being an author and always watching the world around me for ideas, it seemed that members of such groups would also have their fingers on the economic pulse in the areas in which they lived. I sent a survey to numerous groups and asked what they were seeing at the stores in terms of prices and product availability; whether they were going alter their purchasing habits; if they were going to buy more or less consumer goods; how they would spend their "economic stimulus check;" the price of gas in their area and if they were going to change their eating, driving and shopping patterns. The results, which are being verified by growing news reports on the economy, are frightening. One cannot help but wonder if some of the events that led to the Great Depression of the 30's are being to be repeated. In the late 1920's there was overproduction, a growing gap between rich and poor, a large increase in foreclosures and large stock investments by those who were really on the economic margin. Does this sound familiar? Given attempts by the Federal Reserve, Congress and even businesses to try to stimulate consumer buying, are we in a situation where a silent desperation pervades those in the economic know?

The survey spanned the nation. Writers in both cities and rural areas from the East Coast to Alaska to the Mid-West responded. While I will not report every response, I will show the nature of most responses along with some interesting quotes and thoughts from those who sent in the survey. The following are typical responses (by the time this article is published I am sure the numbers will be a little out of date-I am sure they will all be higher):

"Yep, seen it, experiencing it here in farmland rural Pennsylvania where cow manure has become THE fertilizer - the only one that won't bankrupt. Feeding a household of five including two always hungry teens, it's glaringly obvious things are going downhill. Our cupboards are dwindling to the barest of bare necessities. Our veggie garden is doubling this year and I'm checking into a chicken coop. Has anyone seen the price of eggs? Eggs for crying out loud! They more than quadrupled in price in just a few weeks here.

I read somewhere that 25% of the US grain has been taken for alternate fuel possibilities - can't find it again and have to ask if it's true? If so, whose stupid idea was that? Don't take it from existing supplies, make it. I'm thinking maybe my hubby isn't so nuts in busting his behind running his mother's grain farm along

with his full time job this year. I may pitch in. I've got family in all areas, farming (grain and livestock), trucking, construction, and I've seen how all of it is being hit."

"I'm tacking on some things that worry me. I came from California where I made a decent wage. When we moved to TN a few years back, housing was much cheaper here than CA, but that was about all. Everything else was equal, food, clothing, cars, etc. Gasoline was still a little cheaper.

Wages here are 1/2 of what people make in California, and very few companies provide any type of medical or dental insurance. I was shocked to learn that the job I'd done for over 23 years in California required the completion of a master's degree in TN, which I do not have, yet the salary was 1/2 of what I made. They would not allow me to apply, even though my qualifications were a perfect match for the job."

"The typical wage here is $8.00-10.00 per hour. My husband is a truck driver for a local company and makes $14.00 which is considered high. Of course, his company provides no insurance or extra money towards such. I noticed today that gasoline has climbed another 2 cents to $3.57 and diesel is $4.72. Already my husbands company is cutting back on runs and trying to combine them, so we're very worried about our financial future. I wonder how people who make $8.00 can afford the fuel to get to their job. Basically they are working to buy gas to get to their job...where will the money come from for all their other expenses. It's very scary."

"It just ticks me off beyond belief that we are paying over a billion dollars a day for a war, borrowing money from China and our economy is going down the toilet, but President Bush, when asked will still claim that we're in good shape."

"I live in south central Kentucky where nothing is close. Driving is a necessity. If gas prices get much higher, we are thinking of getting an Amish cart and training one of our horses to be driven. It would take all day to get to town but we could go to the convenience store.

We still have good availability of products but the prices are going up in the supermarkets. I no longer buy beef. Instead I have a friend who raises Black Angus cattle and we split a cow. I have a friend who is raising sheep so I will probably buy a couple of the lambs. I shop at the Amish bulk food store in the county and save a lot over the supermarket prices. I will be eating fresh veggies all summer, grown in our garden or those of my neighbors. Gas prices are $3.59.9 for regular as of last Sunday. Over $4 for diesel! I combine errands and don't leave my farm unless I have more than one place to go in the same direction. We are eating out less. We are planning on saving the stimulus check. Just an aside, my daughter-in- law is in retailing in NYC and she says we are in a major depression. People are just not buying."

"In the Seattle area, wild salmon is going for $19.99 a pound, gasoline at

Costco $3.65 at the regular gas stations $3.79 a gallon. People here are

driving less, eating out less, and purchasing food at the lower end stores

such as Grocery Outlet and Cash and Carry. We were in a huge Asian market

one week, rice stacked up as high as an elephant's eye. Now just try to find

regular rice - many of the people here are purchasing rice to send to

relatives overseas."

"Unfortunately, I am a volunteer driver for Catholic Charities - IE, I haul people who don't have transportation to the doctor - so have little control over my gas consumption. I drive 700 to 900 miles a week so buy from 30 to 50 gallons a week. They supposedly pay us for our gas used, but are consistently six months or so behind in updating their prices and the past six months have been the worst ever."

The following are snippets of responses from around the country. It is evident that people are frustrated and even frightened. While products are available, the current trend in prices is continuing upward. Recent reports indicate that state governments are cutting back on budgets and employees; tourist destinations are already feeling the pinch and more and more storefronts are displaying "space for rent" signs. Since many plan on reducing driving, this summer does not bode well for that industry. Agriculture reports show late plantings of corn and wheat crops and who knows what summer weather will unleash. It is clear from U.N. reports that the food situation is rapidly declining in poorer nations as droughts and floods destroy staple crops. I am sure many of the comments that follow are a mere shadow of what is beginning to happen in your area as well:

I used to be able to buy a pack of chicken breasts for $3 or $4, now the same pack is $7.

I traveled to Spartanburg where gas was $3.29/gal (middle grade). When I got back to ATL to fill up, it was $3.49/gal. Last weekend, I paid $3.69, now it is $3.79 or $3.89.

Saturday is usually a busy day in Fayetteville, but there were no cars in all five lanes at one of the busiest intersections. Some of the independent stores had no cars in parking lot and it looked like they were closed.

How will you use your economic stimulus check? Put it in savings!

Gas $3.74 Rockford, IL.

Prices, though? Meowza! They are up, and rising! But am I buying what I don't really need? Not on your life. Not with heating oil where it is, and climbing. I'm trying not to take unnecessary trips, and I'm certainly not eating out very often. I'm using my old lawn mower, which I had thought about replacing this spring.

I haven't noticed any shortages except the "sale items," but prices have definitely increased.

I have received mine (stimulus check) as a direct deposit, and it will stay in the bank. I don't plan on buying anything new, just my usual necessities.

$3.89 for medium grade.

I haven't noticed a decrease in the availability of basics, but prices have risen considerably here in PA--this includes basic such as eggs, flour, butter....Eating and shopping will all be dependent on what I can afford. I anticipate, if the prices keep rising, having to forgo some of the necessities.

In SE Michigan. Prices, however, are another story. Eggs have doubled, milk, dairy products skyrocketing. Good beef cuts (steaks, prime roasts, etc.) are a rare buy in our household these days because they are so expensive. Fish/seafood products are also beyond reach as a steady diet.

Save those left-overs and use them as part of a creative low-cost menu for tomorrow's dinner.

Get caught up on a bill or two and treat ourselves to a gourmet (home cooked) dinner.

$3.65/gal.

Less frivolous foods, the munchies, you know. Bulk peanuts and fresh raw veggies make good inexpensive snacks. 86 all the packaged crap. Drive only when and where necessary. Make a list. Plan a driving session in a well-routed circle that accomplishes several chores in one outing. Planning for a vacation now includes high on the list, "how much will it cost in gas to get there and back?" Shorter trips/destinations if you are driving a car.

I've noticed the prices skyrocketing - quadrupling in a matter of weeks for some things like eggs... A lot of what I used to get I can't find local anymore.

It will go toward an alternate heating source, most likely a wood burner in the basement.

Last I looked, diesel was $4.59 a gallon and today's local report said low grade is now $3.62.

Anything we do over the summer will be local, no major travel.

Rural farmland in the mountains of Pennsylvania where the cost of living is very low and so is the average family income.

I am concerned about stories on the news about Sam's Club and others

rationing rice. Is there a rice shortage?

I live in Arizona in a town between Phoenix and Tucson. There is no real public transportation in my area, and, with summer temperatures going well into

the triple digits for about 4 months of the year, riding a bicycle really isn't an option.

Let's face it. The American people are getting hosed by greedy speculators who are driving the price of oil, (hence food prices) artificially high.

I don't blame people for not buying. Prices are going out of sight. Yesterday, gas here was $3.79 and I bet it's up from that today.

Food prices are up varying percentages, from 15-percent to nearly 50-percent on many less expensive cuts of meat. Hamburger (80 percent lean) has risen from about $1.99 per pound a year ago to nearly $4 per pound.

Overall, my daughter said the supermarket tab here for her family of four has jumped from about $130 per week to nearly $200. Also, shortages of some products are starting to become apparent, with some shelves bearing large gaps in mute testimony to lack of availability of rice and flour...

Hope that helps.

As to gas prices: Spokane, WA prices range from $3.50 to $3.70. I live in a small town where our one station is $3.87 for unleaded. More to the point, Diesel in Spokane that has more effect on food prices is about a dollar higher at $4.50 to $4.80.

Unfortunately, I am a volunteer driver for Catholic Charities - IE, I haul people who don't have transportation to the doctor - so have little control over my gas consumption. I drive 700 to 900 miles a week so buy from 30 to 50 gallons a week. They supposedly pay us for our gas used, but are consistently six months or so behind in updating their prices and the past six months have been the worst ever.

So what does all of this mean? The early warning sign are there and I would strongly suggest that people keep an eye on commodity report, climate calamities, and, of course, the price of fuel. There is little doubt that people will be tightening their belt, going out for meals less, traveling shorter distances and using their "stimulus" checks to keep their head above water this summer. Living in a region that depends on fuel oil, it is scary to hear that contract prices for hearting oil less winter will approach $4.00/gallon. This will surely collapse to the economy in the Northeast. If diesel continues to rise, truckers will be at a loss and food will simply not be delivered to stores. Already, many truckers who deliver saw logs are calling it quits. How long can fishing fleets absorb continued price rises? Summer employment looks bleak. The key is to be alert and be informed.

Is there is bright spot here? If you read my article, "The Mother of All Course Corrections," you will see that the consumer is now in a position to finally make intelligent buying decisions. You can affect what is produced with your valued dollars. If you stop buying the junk food, stop buying sodas, buy only healthy foods and cereals, the market will have to respond. This is your opportunity to finally make a difference in terms of what is produced and what you consume. Insist on quality and use your power to create a more sensible, sustainable economy. The time is at hand for choices, choose wisely!

Mr. Harris was born in Massachusetts. He attended The American University in Washington, D.C. and received his degree in Political Science. His graduate work was done at the University of Northern Colorado and Howard University. He spent several years working for local and regional and state government agencies. He worked on a White House Task Force and served as Rural Policy Coordinator at the FRCouncil of New England.

Mr. Harris is co-author of the novel WAKING GOD and is a nationally syndicated / featured writer for The American Chronicle. His second novel, A MAINE CHRISTMAS CAROL was released by Cambridge Books, his third book, JESUS TAUGHT IT, TOO: THE EARLY ROOTS OF THE LAW OF ATTRACTION (Avatar Publication). He is author of the book, RAPING LOUISIANA: A DIARY OF DECEIT and his two most recent self-growth titles, the "MESSAGES" series were just released by Avatar. See his book titles at "theliteraryworksofphilipharris."