This week In the Hot Seat with Larry LeBlanc: Joe D'Ambrosio, founder/CEO, Joe D'Ambrosio Management.
Understand about Joe D'Ambrosio that unless you are a client, you are not going to get the last word in, and you probably will be buried in a flurry of animated bravado between the opening and closing of any conversation.
D'Ambrosio, you see, is a closer.
Oh boy, D'Ambrosio a closer, but this former Yankee batboy is a closer with heart, and with unmatched music industry knowledge.
Joe D'Ambrosio Management, based in Mamaroneck, New York, manages producers, mixers, engineers, arrangers, songwriters, engineers, musicians, and executives.
Among its clients are producer/mixers Tony Visconti, Hugh Padgham, Kevin Killen, Jay Newland, Elliot Scheiner and Joe Zook; producer/mixer/engineers Brian Moncarz, Mario McNulty, Lawrence Manchester, Nic Hard, Isaiah Abolin, and Phil Joly; producer/songwriters David Kahne, and Scott Jacoby; and mixers Frank Filipetti, and Jay Dufour.
The firm also represents Bill Lefler (producer/mixer/songwriter); Rob Mounsey (producer/arranger/musician), Hill (producer/mixer/songwriter Hillary Kourkoutis), Clifford Carter (pianist, keyboards), Keith Cotton (keyboards), videographer Darryl Estrine, arranger Larry Gold, and music executive Fraser Hill.
In a nutshell, Joe D'Ambrosio Management holds the keys of services for recording, mixing, remixing, programming, live sound mixing. and remote recording. It organizes studio sessions and live productions, providing contractors, project managers, studios, session musicians, rental gear, travel, accommodations and so on.
D'Ambrosio was previously GM of Phil Ramone Inc. the music company of the South African-born production legend, as well as personal manager of the 14-time Grammy-winning producer.
As Ramone's point person, D'Ambrosio provided critical backup support for such projects as: "Yentl" by Barbra Streisand; "L.A. Is My Lady" by Frank Sinatra; "Valotte," and "The Secret Value Of Daydreaming" by Julian Lennon; and the Billy Joel's albums, "An Innocent Man," and "The Bridge"; as well as for Ramone-produced TV and film work featuring Madonna, Lou Reed, John Hiatt, Roberta Flack, and Ashford and Simpson.
While with Ramone, D'Ambrosio also served as director of Operations for N2K Encoded Music label, focusing on business development as well as production and manufacturing.
D'Ambrosio began his professional sports career with the New York Yankees rising from being batboy to working in the team's front office from 1977-1982. This included being director of the Yankees' Speakers Bureau, handling personal appearances by players. He is the proud owner of a pair of World Series Championship rings from the '77 and '78 Yankees.
During a 1987-1991 stint in Los Angeles, D'Ambrosio was director of promotions and marketing for the popular China Club; and, then 1991-1997 in Chicago, he continued his work with the Chicago China Club and then was Midwest director of sales for KAO Infosystems, a media manufacturing company pioneering CD duplication in the United States.
Why do people approach you for their production needs?
People come to me for the collective acumen of the people that I represent.
Your office is in Mamaroneck (New York). That's in Westchester County next to Larchmont?
Yes. We have been here for about 9 years. I'm near the water. Mamaroneck is on the harbor. We are going to be here for as long as we can. We just signed a new lease. Let's face it. This isn't a business where people are going to come and say hello. If clients come by to discuss business or I do some consulting work from here we have offices. We have proper offices with proper files and about 60 gold records I'm incredibly proud of. Many from Phil's days, many from my days.
You have to be a closer in your line of work?
Oh yeah. Who's on my wall? I have never thought of it. Mariano Rivera's jersey signed is on my wall. The frickin' frame is so gigantic. It's on my wall.
You gotta be a closer, right?
You gotta be a closer. I'm a very aggressive guy. I try to go after stuff, and I am fairly successful at getting it. I'm aggressive at closing deals. I'm aggressive at doing budgets. I try to be aggressive without being off-putting. It's a delicate balancing act.
If anyone was managing music producers, engineers, and sound mixers before Sandy Roberton launched his company Worlds End in London in the late '70s, there's no apparent record of it. Or they only represented one or two clients.
He's the Godfather as far as I know. He's the one that started this as far as I know.
Top producers, engineers, and mixers for years disdained management. Most figured their successes would continually lead to more work. Then they often faced periods when that didn't happen.
Producers have said to me, to my face, "I don't believe in managers. I don't think that they do anything." That is the first thing that Phil Ramone said to me when he was my only client. In my third go-around with Phil, running his company at 26 until I was 31, helping him at his label 1997 to 1999, and then to 2000, just before I started my company in 2002, I was Phil's manager. He was my only client. He was kind of stuck a little bit. One morning in the winter—it was snowing in Mount Kisco (New York), he lived in Bedford—I said, "Let's go to lunch." We went to lunch. "Any suggestions?" I said, "You need a manager."He said, "What a manager? I don't need a manager. Managers are no good." I said, "No no no. I will do it." He knew me from our friendship going back to 1979, and then working for him from 1982 to 1987. He trusted me.
(Once nicknamed "The Pope of Pop," the late Phil Ramone passed away in 2013. In his lifetime, he worked as recording engineer, and producer with a staggering list of top artists including: Billy Joel, Ray Charles, Barbra Streisand, Burt Bacharach, Bob Dylan, Paul Simon, Karen Carpenter, Julian Lennon, Shelby Lynne, Barry Manilow, Richard Marx, Anne Murray, Olivia Newton-John, Frank Sinatra, Rod Stewart, James Taylor, and Dionne Warwick.
Surely, Phil had no real difficulty getting work. Was any problems that he had in handling the back office? Like overseeing negotiations, bookings, billing and so on?
Phil and Tony, along with Hugh Padgham, Kevin Killen, Jay Newland, Elliot Scheiner, and Joe Zook are all prominent producers with extensive résumés. Are there times when somebody might say, "We'd like to get Tony Visconti, but we could never get him nor can we afford we him?" Like the most beautiful girl in school not asked out because everybody assumes she's been asked. The same goes with you chasing such high-flying potential producer clients.
Yeah, but somebody has to ask her. You have to ask to see if you've got a shot. I was very blessed. Tony asked, but Hugh Padgham I had to call. I flew to England. I sat with him. We became friends. We are together now 10 or 11 years. Larry Gold is now 10 years. Joe Zook is 10 years. It was between me and another high-powered manager when I went after Joe. His career was just starting to blossom. A producer and a businesswoman told me about Joe and said, "You have to get him right now." We sat down, and he was very tough on me. He wanted to insure I'd work hard for him. As Kevin Killen told me after calling quite a few people to make sure I was who I said I was, "If you are going to represent me, I have to know who you are." Now I stay at Joe's house. Kevin and his wife are friends, and we go out to dinner together. It is important to have a bond with the people that you represent.
The first client I had was Bradshaw Leigh who I knew from the first day that I walked into the studio with Phil at A&R Recording. I met Phil Ramone. I met Jim Boyer, Phil's right hand. A storied engineer. A storied mixer. Bradshaw Leigh was their right hand. Bradshaw is big Red Sox fan, big sports guy. Just a great guy. So when I started out (in management), and I started taking people to dinners (to pitch my services), Brad said, "I'll be your first client. I want you to know though, this is how the business works. People are going to come and go. You are a really sweet person, are you ready for that?" I said, "Yes." I said "yes" a little too quickly. Everybody hates it when somebody walks out of your life. Brad eventually left because he wanted to engineer and to build studios. He's a big part of the build-out of Sterling Sound Nashville for Ted Jensen. We are still friends, and he was my first client.
You also knew Elliot Scheiner from when he worked with Phil at A&R Recording.
I knew Elliot. He worked directly for Phil at A&R.
Many of your clients you met before you opened Joe D'Ambrosio Management.
Was Tony living in the United States at that point?
I would say late April 02. We've been together 16 years and here it is Fall 2018.
How much travel do you do?
Four to six weeks a year in L.A. Two weeks in Toronto but it's broken up into four trips. Two weeks a year in Nashville. One trip for at least a week or 10 days in Europe, London, Germany wherever it takes me.
Do you get much work in Europe?
I do actually. Joe Zook and Jay Newland are the ones. Jay through France, and Joe through the UK. Tony (Visconti) does plenty of work in London. I also represent Hugh Padgham.
Hugh Padgham is the only non-North American on your roster. Do you get approached by producers, engineers, and mixers from overseas?
I have been approached by many, many, but as you get older you want to make logical decisions, not egotistical decisions. You want to understand how it (the business) works, and you want to be honest with people. I have had a lot of opportunities to have mixers and producers from the UK, Germany, and Italy. I have made a lot of friends, but I tell them honestly, "Here's why it won't work." In theory, it will work with hard work and persistence, but it probably still won't work. You need somebody beating the drums there (overseas). I don't have that person. Very few American companies have someone beating the drums there, and the person there has to know what they are doing. Not just beating the drums.
Some producers, engineers or mixers from overseas may want to try to use you as a springboard into the American music market.
Yes, that has come to pass.
You opened an office in Paris in 2011, but it closed within 5 years. What happened?
A young French woman came to see me here in Mamaroneck for one of our guys to work with one of her artists. We played the music, and I then explained that the music wasn't very good and that the budget wasn't there. As I drove her back to the train, I asked her where she went to school. She said, "the Sorbonne (University)." Then I said, Obviously, you speak English and French, what else do you speak?" She replied, "German Italian and Spanish." And I said, "Would you consider being our arm in Europe?" And she said yes. At first, jobs were coming in, but with her starting to raise a family, foucising on that, and moving outside of Paris, we both agreed that it was time to part after 5 years.
Have you followed up with anybody else?
I have a partnership with a young woman from Toronto, Michelle Szeto at Paquin Artists Agency (as tour marketing director) who represents me in Nashville, and works and has (president) Julien's blessing who runs the company. She has been pretty good so far. She's very well liked. She spends 8 months a year in Tennessee. That helps a lot.
Any other affiliations in the horizon?
There are a couple of other partnerships that I am working on. I have finally come to the realization that help is a good thing. Finding good help is the tough thing. I'm very particular. I am looking actively to find people, and I need to vet them which I don't do quickly.
Someone seeking the services of one of your clients will likely want to talk only with you unless you bring in juniors who work their own rosters.
I think about it (new employees) all of the time. I'm not there yet.
Does having a colorful sports past give you a common ground with either your clients or those who want to hire them?
I had a meeting with Capitol Records just recently, with David Wolter who is (senior A&R) head of Virgin, and with four of his young A&R staff. His quote to me was, "Joe, your sports talk is falling on deaf ears." While David grew up loving sports, the men and women that I met as the A&R staff at Virgin and Capitol were really not interested. That being said, they are millennials.
Yes. When I meet people–and I don't want to really put a number on it—but, 40 and above, male or female, they may move to talk about sports. Obviously, I'm in meetings for music, and people will say to me, "Where did you come from?" I say, "I was a batboy for the Yankees"—"Really?"—"And, I grew up in the Bronx worshiping music and sports." I don't know anyone, and I am sure there are plenty of people, that got to do both of their true loves, and I came out of it with two World Series' rings that I earned. Nobody gave them to me as a gift. I worked hard for them.
What do you make of the methodology used by the major to sign artists today? Years ago, labels sent A&R teams to clubs and concerts to discover new talent. Today, their A&R is busy checking out YouTube, and the various social media sites.
Few music industry people want to get their hands dirty doing grassroots artist development. So many labels seek to sign acts following a couple of releases, and after checking them out on streaming social media sites. That's not healthy is it?
No, and I think that again I'm coming from the perspective of my agency group. In my day, you'd go to a show. You'd see a band, word-of-mouth. You'd see them again. They'd blow it up (becoming more popular, perhaps regionally), and you would sign them. Then you'd develop them, and they would become successful. But you stayed with them. The Beatles, the Allman Brothers, the Grateful Dead, the J. Geils Band, they all had careers (after) one, two, three records. And Bruce Springsteen with "Born To Run" (1985) record #3. All of them. You had to grow the act. You had to stay with them.
That's true of many moments in our culture. NBC executives were so unsure about "Seinfeld" that they decided to only try a pilot as "Seinfeld Chronicles." It tested so poorly that NBC initially decided not to pick up the show. However, NBC VP Rick Ludwin, convinced the series had potential, ordered four more episodes for the show's first season which barely gained enough ratings to secure a second season. The show was considered by many to be too New York. Anyone saying they saw the first season of "Seinfeld" is likely lying.
But that's true of building music artists' careers. You need to get the word out. I think it still takes three release cycles to break a recording act.
I think you are right on the button about that. I think that some labels are indeed signing on merits, but if you say that out loud, they will counter with saying "Merit is also analytics." No analytics are statistics. As my dearly beloved New York Yankees who live and die by the statistics, they are dead (this year). Someone just said in a meeting I took that Post Malone had great statistics, but he didn't hit right away, and now he's a massive superstar. I don't know enough about Post Malone to accredit that statement, but yes everybody (labels) has kids, young people sitting shoulder to shoulder—I've seen it without saying the names—at labels going through YouTube and Spotify, checking streaming numbers, checking viewing numbers, and signing people that way. I don't know if that's the right way to do it. But they have bought into that system.
A&R personnel will still go out and see an artist if they are performing.
Well, that's exactly right, but half of them aren't playing live, and they can't play live. Or as an A&R guy told me last week, "I have this artist" blah blah blah blah. "The numbers are great. They don't know what to do outside of their bedroom. I am getting them into a studio, and I have to have someone who is going to know what to do with them".
You and your clients deal with almost every genre of music and work with labels big and small.
All of the genres. I deal with (major) labels. I deal with indie artists. Indie labels. What did Elton John say (in "Mona Lisas and Mad Hatters" on "Honky Château," released in 1972), "Sons of bankers, sons of lawyers?" And some have a lot of great talent. Some have a little less talent. My business has opened up from being just strictly a label business to indie labels and indie artists and vanity projects.
With the abundance of home studios, and with lessened talent budgets and rosters, and with people listening to music through earbuds, why do we need producers today?
Recordings produced in home studios may often be flawless, but also there's often no audio or musical magic. Often the magic in recording is keeping the mistakes in.
Right. Well, listen to the Beatles' records. It's amazing the things that they kept, and the things that we treasure nowadays.
Has the rise of home studios coupled with shrinking rosters, budgets, and music sales cut into producers' livelihoods? Certainly, producer fees are lower in recent years.
Despite the recording side of the music industry re-scaling itself downward, there are growing opportunities for producers, engineers, and mixers to insert themselves into other sectors. For example, Kevin Killen, Jay Newland, David Kahne, Frank Filipetti, Elliot Scheiner, Fraser Hill and, Tony Visconti are all thriving with other types of work. All of them with formidable backgrounds working at studios or in the industry.
Yes, that's a good point. David Kahne was the vice-president of A&R at Columbia. And he had 415 Records. Frank came up as a musician. Admittedly, he failed, but he took his love of music to audio recording and has received 8 Grammy Awards in recognition of his work.
David Kahne even designed Fishbone's logo.
Yes. And Elliot Scheiner, if you buy an Acura, the ELS sound system is his design.
Fraser Hill was an engineer at the now-defunct Eastern Sound in Toronto for years before working for several major labels in Canada.
Fraser is my dear friend from Capitol-EMI of Canada, and then he went to Universal Music Canada, and then there was a shift in thinking at Universal. I have tremendous respect for him based on all of the success that he's had. I told him to come down here two years ago for Christmas. He came down, and I laid out a plan. Through hard work, his connections, my closing, he's the director of casting on "The Launch" (CTV's music series). Now it is in its second season. He works so hard to help that show. By no means does he do it alone. He has a team, but he is one of the hardest working people I've ever met and easily one of the best A&R people. His ears are ridiculously good.
Both you and most of your clients work in different fields.
Let's take Kevin Killen as an example. He is, is closely associated with Shakira, but he also worked with David Bowie, U2 and Elvis Costello. And what about Sugarland with the first album of the duo's career to reach #1 on Top Country Albums, and The Billboard Top 200.
Who would ever think of that?
Nobody would ever think about that. Bowie's "Lazarus" (2016) that he recorded and mixed it. A big, big record. (The musical) ran in New York off-Broadway. It ran in London, and the rumor is that it's coming back to Broadway. I don't know if it is. But everybody celebrates the cast album.
Jay Newland, who won 12 Grammy, is so associated with Norah Jones but he's also has worked with Taj Mahal and Johnny Hallyday. Are you kidding me?
People ask why aren't more pop acts being signed today. The simple answer may be that developing a mainstream pop act can take four years or more to bring to market, and will break the A&R department's piggy bank.
One Direction. That's my best example because my client Joe Zook worked with them. Joe has had great success with One Direction, OneRepublic, Pink, and Katy Perry. One Direction took years. Nobody looks at the years it took. They look at the massive records that they've sold. Just massive. Greatest selling artists of their period someone told me the other day. I didn't know that.
Arista dumped almost a full album by Avril Lavigne prior to her debut studio album, "Let Go" (2002) in which she was teamed with the production team The Matrix (Lauren Christy, Graham Edwards, and Scott Spock). Labels are fearful of this type of pop route because it's expensive to get it right.
It is expensive, and you better have the damn belief that this is going to last, right?
Ritch Esra, publisher of A&R Registry, and I have talked about how Los Angeles is full of former A&R heads no longer working in the music industry.
Yes, he and I discussed that recently as well. The number of guys that are out of work is unbelievable. I guess that they go to real estate. I'm not making fun of it at all.
Or they try artist management or try to hook up with start-up companies. Major labels keep downsizing, but usually, the first positions reduced are in A&R.
Yet, so many people entering the music industry want to be in A&R.
The majors, unless forced, have balked at giving an A&R head a percentage of revenues by artists they've signed. George Martin left EMI-affiliated Parlophone Records because he couldn't share in the earnings of the Beatles, Cilla Black, Gerry & The Pacemakers, Billy J. Kramer & the Dakotas and others that he help make successful. He was on salary while there.
I just found that out, and it blew me away.
Interestingly, the British and American production structures differ. Under the British system, trainees go in as tea boy or girl and work up to assistant engineer, then to engineer, and then to being a producer. In America, you may go in on the bottom rung of the studio job ladder, but if you discover a local band you often get to produce them. Two different systems.
No, it's true. It's totally true. You are totally telling the truth.
Tony Visconti had to go to Britain to break through in the industry. He was an in-house producer in New York for the Richmond Organization, and he went to London to be Denny Cordell's apprentice at Richmond's sister company, Essex Music. He then produced two tracks for Procol Harum's "Shine On Brightly" (1968), "Magdalene (My Regal Zonophone), and part of the lengthy "In Held 'Twas in I" suite; and produced tracks on Joe Cocker's debut album, "With a Little Help from My Friends" (1969). This was before working with T. Rex, and David Bowie.
Denny Cordell had come to New York specifically to look for an American record producer whom he could bring back to England to sort of Americanize his productions.
Denny Cordell had faith in him. Tony tells the story straight up.
It is a good book compared to others. I closed both Phil Ramone's book deal (for "Making Records: The Scenes Behind the Music" in 2007) and Tony's book deal.
I don't care for Phil's book which was co-written with Chuck Granta (who has authored books on Frank Sinatra and the Beach Boys). Given Phil's remarkable career, it's lightweight.
Phil fired the first two authors. I don't know if that is common knowledge. He wasn't getting what he wanted. The book is the book that Phil wanted, and he loved it. Tony's book was co-written with Richard Havers who sadly died about nine months ago.
Richard was a unique, brilliant writer, and a brilliant music guy.
Well, I've interviewed Tony, and know him through my wife, former UK radio plugger Anya Wilson, who worked for David Bowie's management company, MainMan. She also broke T. Rex's 1970 hit "Ride A White Swan" that Tony produced (his first hit), and which reached #2 11 weeks after release. Tony is a master raconteur.
Oh, him and Phil shared credit in that department. They are both fantastic storytellers and, in their own way, they have led incredible lives.
Still, Phil was quite a shy person, and wouldn't tell many stories publicly because he was very sensitive of how he was being perceived.
Your life has included plenty of luck.
How did you land a job as batboy with the New York Yankees?
You'd be pretty tired at this time.
I'm tired, but he's older and he's pissed off. He had to go through 300 kids. He asked me my name and where I went to college (Herbert H. Lehman College). "Why do you want this job." I said, "Because I'm going to do a better job than anybody else." I meant it. It wasn't bravado. No hubris. Sincere. He's an ex-New York city detective, "Don't give me that crap. Why do you think you will do great with this job?" I said, "Because I'm athletic. I am dedicated. I love the team. And I finish every job I start." He shook my hand, "Thanks for coming. Don't call us, we'll call you. If you hear from us it will be in February. "I go home. I think nothing of it. February comes and goes. March comes and goes. The first week of April, nothing happens.
Right, April 10th I get a big manila envelope. I'm walking up the stairs of the two flat that we lived in, and about half-way up the stairs, I realize that losers don't get manila envelopes. Losers get little white envelopes. I rip it open. I run into my room I put on Joe Walsh's "Rocky Mountain Way." and I'm dancing around my room. I still have the letter. "You have been selected to be the Yankee batboy for the 1976 season.
You showed up at Yankee Stadium a day early.
So you make your debut as batboy opening day.
I came early. Scared to death. Ellie Howard (the first African American to play for the Yankees said, "We can do this with you. We can do this without you. Stop worrying. Just do a good job." And I did. The second year, they fired all the batboys. (Catcher and team captain) Thurman Munson said, "I want him back." I came back in 1977. We won everything. I road on the parade down the Canyon of Heroes, down Broadway and lower Manhattan.
You had joined a fraternity.
Oh, I'm still friends with all of the guys. I took it so seriously that some of the players approached me on my birthday, August. 27th, '77—we were getting crushed. Some of the players said, "Are you okay?" I said, "I'm not okay. We lost." They looked at me like I was crazy. I had all of the losing. They didn't win until '77. I was too small for the '61, 62, '63 and '64 years, but in '76, and '77 it meant so much to me. Now I am part of it (the family). Of course, I wasn't a player, and I'm not one of those batboys who thinks he's a player but I took it so seriously. They had 162 games. They didn't take it that seriously.
Did you go on the road?
The second year in 1977 I went to Boston, Toronto, Detroit, and to the World Series in Los Angeles. I also did the All-Star game at Yankee Stadium that year.
How physically tough is it being a batboy?
It's a lot of work. All the other batboys weren't in shape. I'm heavy now, but then I was a 34 (inch) waist, and 168 pounds like I was going into the army. I ran two miles every day.
Is being a batboy dangerous?
Let m tell you about Carlos May, the guy with one thumb blown off, the guy we got from the (Chicago) White Sox. This is when you are on deck without a helmet, Now batboys have to wear helmets. Carlos one day was taking a bat and twirling it to loosen up his right shoulder. It brushed my hair. It would have knocked me out or killed me. I'm not kidding you. I felt the wind go by my left ear. It just missed me that when I turned to the right naturally it put my head in the line of fire. He saw it, and he jumped to his left. I looked at the bench and their eyes were wide open. He could have killed me.
With a wide-angle view of the stadium, the players, and the ball coming toward the batter, what was your first impression?
Oh of wonder. Amazement. How fast the game is, and how amazingly athletic the guys that you think are slow are no way near slow. Mickey Rivers ran like Jesse Owen (four-time Olympic gold medalist in the 1936 Olympic Games).
"Mick The Quick" was a speedy lead-off hitter, and an excellent center fielder.
I'm not exaggerating. Everybody joked that (outfielder) Lou Piniella. was slow. I raced Lou once before my knees went, and he dusted me. Pitchers, how fast they are. How their balls have movement, unbelievable movement.
Coming onto the field at a Yankees game must remain in your memory.
You come out of the dugout, you come up the three steps, and you go left. Some stadiums you walk straight out. Not ours. Not most of them. You kneel on deck, and it is electric. Then when the crowd chants during the playoffs, during the post-season, it goes right through you. It's akin to being onstage for a rock show. It's that crazy adrenalin rush that you can't control because the crowd, especially a Yankee crowd, is a little crackers. When Chris hit the ball in '76 to put us in the World Series people without thinking jumped onto the field en masse. Thousands. Not a couple of hundred. Thousands. And they just wanted to celebrate. Some had bad intentions, but most just wanted to celebrate.
After being batboy, you stayed on with the Yankees.
They asked me back in the winter of 1977 to work in the front office because I was a journalism major. There was nobody in the office. Now pro sports teams have 20 people in the PR department. It was me, my boss, and an intern. They gave me everything to write because I had a knack for writing. So I wrote three yearbooks in a row '78, 79 and '80). I wrote all of the notes after games. Anything that needed writing they gave to me. This was when we had IBM Selectric typewriters and paper. People would laugh because I'd ball paper up and I'd shoot for the can across the room. I'd get it in about 10% of the time. There were rolls of balled up paper all over the floor. But my work got done.
Your career path is simply crazy.
Oh no, it is crazy.
They would say that. The part that really defined me '89, '90, and '91 was the China Club, a very well-known club in New York which came to L.A. They hired a PR firm. It didn't go well, and they decided to find another. I brought them to meet Michael Jensen of Jensen Communications, and they liked Michael He closed the deal, and he put me on the account. Michael was my boss. After a disagreement, he let me go. I called the owners of the China Club to say I wouldn't be working their account any longer. They asked if I had a spare empty box. I asked, "Why?" They said to get all my stuff and get over to the club. I became their in-house promotion and marketing guy. I was out of work 20 minutes.
Then (the club co-owners) Danny Fried, and Michael Barrett said, "We hired this PR firm before. They screwed up our opening. What do we do, Joe?" I said, "We treat everybody like gold. You do a Velvet Rope because you want to have the panaché, but let me help you. All the New York thugs that came out here to help you run the door have to dial it down 700%, and I need to be your go to for who gets in, and who doesn't get in." And it worked like a charm.
Didn't you launch the China Club's famed Monday nights Pro-Jams?
The Monday Nights Pro-Jam I named. I didn't launch it. Allan Kaufman booked it. I named it. Pro-Jam after Pro Tennis and Rock and Roll Jam. That came out of my head. They loved it. It was magical. Having Sly Stone, George Harrison, Bruce Springsteen, and Sting. Sly and George didn't get up (onstage) but Springsteen, Sting, (Don) Henley, Elton John, Mick Hucknall did, and (the Who's) John Enwhistle was there 13 weeks in a row playing bass with the house band on Monday nights. Nobody got paid. They could eat and drink, and it was phenomenal.
Meanwhile, the local politicians hated the club, and the city fire department found over-capacity crowds more than once there.
Right. Hated the club. They hated it for a lot of reasons. Some I can't talk about. But they hated it. They had a point. We absolutely put too many people in.
Let's also not kid ourselves. The drug culture was highly evident there too.
Oh no, yes, and I'm not a choir boy but to this day at 62 years I've never done "blow" (cocaine). I have no interest. There was quite a bit that circulated in that club. It was part of the culture of the time. It's not an excuse. It's a fact.
Over the years there's been different renowned clubs that attracted celebrities including Studio 54 in New York, and The Viper Room in Los Angeles. Clubs that stayed cool for a while, and then the celebs moved on.
How did you first meet Phil Ramone?
Phil and I met in 1978 when I was in the front office of the Yankees. I was backstage at a Billy Joel concert. Phil was sitting in a corner next to a beautiful girl with sunglasses. I went up to him and I said, "Mr. Ramone my name is Joe D'Ambrosio and I am big fan of yours" grumble grumble. He didn't even lift his head up. "You recorded Frank Sinatra at The Sands. You recorded 'Raindrops Keep Falling on My Head' for the film 'Butch Cassidy and the Sundance Kid.'" Phil said, "How do you know all of this?" And I said, "I'm a big fan. I work for the New York Yankees." He jumps up, shoos the woman away, and says, "Sit down." And we talked baseball from that day until he passed away five years ago. We became best friends. I was at his house, hanging out all of the time. It was really an amazing time in my life.
Working with Billy Joel must have been entertaining.
People ask me, "Joe, who is the greatest guy you've ever met artist-wise in the business, really?" I don't have to wait a second. Billy Joel is just one of the more terrific human beings—my hand to God—he treated me so well, '81 to '87, during my first go around with Phil. Then I was a nobody. The Yankee thing really helped my status in the music world because a lot of musicians love sports, and Billy among them. Yes, he is a Yankees' fan.
On Julian Lennon's debut 1984 album "Valotte" you oversaw sessions produced by Phil that took place at the Muscle Shoals Sound Studio; and Bear Tracks Recording Studio A&R Recording Studios, Clinton Recording Studios, and The Hit Factory in New York.
We are friends to this day which really satisfies my heart. I tell people that "if you get let go in the music industry, it really doesn't matter to me. We are still going to be friends." I tell that to people, and they kind of smirk at me. But I am dead sincere. It's friendship that matters not where you work. Maybe, that's naiveté on my behalf, but that's truly how I feel.
Meanwhile, securing studios and musicians, booking sessions, and working at all of these locations obviously led you to building a considerable relationship network.
Oh yeah, became friends with (The Muscle Shoals Rhythm Section, aka The Swampers) Barry Beckett (keyboardist), Roger Hawkins (drummer), David Hood (bassist) and Jimmy Johnson (guitarist) I met recording in Sheffield (Alabama). They were all very kind to me. A great story about Muscle Shoals is that at South By Southwest 10 years ago I was introduced to the Drive-By Truckers. We are all at the same picnic table. I said to (co-founder and guitarist) Patterson Hood, "You aren't going to remember this but back in 1984– I came down to Muscle Shoals with Julian Lennon and Phil Ramone and his band including guitarist Justin Clayton, and you were this little kid running around at the studio." He said, "I remember that." I said you were like 4 or 5." He said, "No. I remember that clearly." He had his baby and his wife with him, and he told the story to everybody at the table who thought it was crazy that I was sitting there having lunch with them 20 years later.
How did you return in 1997 to Phil's world to be director of production at the N2K Encoded Music label which he co-owned with Dave Grusin and Larry Rosen?
I knew Dave and Larry from GRP Records that they had owned (and co-founded in 1978). We always got along. Dave was always kind. I knew Dave much better than Larry.
And, as an arranger, keyboardist, and producer, Dave Grusin is a genius.
A genius. Phil called on the phone when I was in Chicago working for KAO Infosystems, and that was winding down, and he said, "Dave and Larry really like you. I love you. Come home." Who does not answer to that call? It was pretty much the beginning of the label. I lived in a hotel for six months. They picked up the tab. I rented a home in New Rochelle. My wife came from Chicago. Then we settled in Westchester Country. Then N2K was bought out.
It was bought by Adam Levy's Warlock Music.
N2K had some cool releases by Jonathan Butler, Arturo Sandoval, T.S. Monk, Candy Dulfer and, of course, Dave Grusin.
And what nobody remembers Music Boulevard. Look it up. Music Boulevard was the first online at which you could buy music (using Liquid Audio's single-delivery system). Way before Amazon. Way before iTunes. I think eventually Amazon bought them.


We just moved into a new apartment this summer. I love the location and its surrounding (this is always my number one priority in choosing a place to live), which is right in between The Hague's city centre and the beach. Beside the location, I also had all kind of different wishes for the apartment itself; high ceiling, big window, a balcony facing the street, on 1st or 2nd floor, and….. a bath tub. I should admit that the house hunting period was a stressful one, but thankfully it finally paid off. We got what we wished for: 3,6 m high ceiling, big windows from both sides, and we've even got 2 sunny balconies! Since then we've been filling it in with the furnitures we've carefully picked from all different kind of places.
Get to know me a little bit better, if you want.


Well, yesterday I had the opportunity to see the Indian Arm (near Deep Cove, Vancouver) again, after 15 or so years of absence, this time from the level of Long Haul Mark I. It was a 37' sloop before, on which I used to bum around Pacific NW. Completly different perspective from the kayak! The water was warm and blue, light breeze was keeping air fresh and cool, birds and jelly fish assisted me some of my way, and the scenery was fantastic.
It is a very unique area. Only 25 minutes from downtown Vancouver, and yet within 1 hour of paddling you are in a perfect, and quite isolated fiord with all its attributes, including icefields in the distance. Sprinkled with rocks and islets, bays and beaches, it's a perfect place for a couple of days of day tripping, or camping. The little town of Deep Cove must be one of the most beautiful places on this continent.
Alex, a frequent contributor to this forum, kindly demonstrated to me his LH Mark I. We assembled it perhaps 100' from the launching beach, on well maintained grass, in the shade of maples, with free parking nearby. After paddling we ate lunch at a small bistro perhaps a block away from the beach. Thank you Alex for a very detailed demo of Mark I, and for allowing me to try your kayak! My invitation to visit me at the Brentwood Bay near Victoria for a couple of days of paddling is open.
I suggest that anyone interested in visiting that area contacts Alex. He is really familiar with the Inlet, weather patterns, and other details.
Indian Arm is North America's southern most fjord created by glaciers I believe. Pitt Lake east of Indian Arm used to be a fjord open to the ocean, but is a freshwater lake now.
In Colorado we are flatwater challenged, though there are numerous other outdoor diversions available to compensate for it. So, though I cannot match the Pacific Ocean scenery of "Beautiful BC", I am posting a LINK to a small lake I paddled a few weeks ago near my home. The lake remained closed to boating for 50 years, but this year the bureaucrats discovered the error of their ways and now allow kayaks, canoes, and small rowboats on the water.
This is actually a motorcycle touring section of my site, as Colorado is a premier motorcycling destination. Check out the Denver area rides.


text:
Curtis v. Schlumberger Offshore Service, Inc.
Valladolid v. Pacific Operations Offshore, LLP
Two other circuits presented with this exact issue have reached conflicting conclusions. In Curtis v.…
Mills v. Director, Office of Workers' Compensation Programs, United States Department of Labor
We do not interpret those cases to read § 1333(b) as extending LHWCA benefits to oilfield workers injured on…
Full title:SAMUEL H. CURTIS, PETITIONER, v. SCHLUMBERGER OFFSHORE SERVICE, INC.…
Court:United States Court of Appeals, Third Circuit
Date published: Jun 14, 1988
849 F.2d 805 (3d Cir. 1988)
United States Court of Appeals, Third Circuit
In Curtis v. Schlumberger Offshore Service, Inc., 849 F.2d, at 811, the Third Circuit held that, because Congress intended LHWCA coverage to be expansive, § 1333(b) extends to all injuries that would not have occurred "but for" operations on the OCS. The Third Circuit thus concluded that an employee who worked on a semisubmersible drill rig, but who was killed in a car accident on the way to the helicopter that was to fly him to that rig, was eligible for § 1333(b) benefits.
Summary of this case from Pacific Operators Offshore, LLP v. Valladolid
No. 87-3683.
Argued April 12, 1988.
Jordan N. Pedersen (argued), George J. Duffy, Baker, Garber, Duffy Pedersen, Hoboken, N.J., for petitioner.
Martin Bergman (argued), Foley, Smit, O'Boyle and Weisman, New York City, for respondents Schlumberger Offshore Service, Inc., and Travelers Ins. Co.
Joshua T. Gillelan II (argued), George R. Salem, Donald S. Shire, J. Michael O'Neill, U.S. Dept. of Labor, Washington, D.C., for Director, Office of Workers' Compensation Programs.
Petition for Review from the Benefits Review Board.
Before HUTCHINSON, SCIRICA and GARTH, Circuit Judges.
OPINION OF THE COURT
HUTCHINSON, Circuit Judge.
This petition for review involves a claim for workers' compensation for personal injury pursuant to the Outer Continental Shelf Lands Act, Pub.L. No. 83-212, 67 Stat. 462 (1953) (current version at 43 U.S.C.A. §§ 1331-1356 (West 1986 Supp. 1988)) (OCSLA). The injury occurred in connection with outer continental shelf drilling operations but "off" the shelf itself. An Administrative Law Judge (ALJ) found that petitioner's injury was covered under the OCSLA, which incorporates the workers' compensation remedies of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C.A. §§ 901-950 (West 1986) (LHWCA), for certain employees of persons engaged in drilling operations above the outer continental shelf. On appeal, the Benefits Review Board (the Board) reversed, holding that the injury occurred outside the intended scope of the OCSLA. We have jurisdiction to review the final decision of the Board pursuant to 33 U.S.C.A. § 921(c). Because we find that the OCSLA encompasses petitioner's claim, we will reverse and remand to the Board.
This case involves the OCSLA prior to its amendment in 1978. The 1978 amendment was largely technical. See infra note 7.
Petitioner Samuel H. Curtis worked as a well-logging operator for Schlumberger Offshore Service, Inc. (Schlumberger). In April of 1978 Curtis was working off the coast of New Jersey on the New Era, a semi-submersible drill rig owned by Conoco Oil Company and operated by the Diamond M Company. On April 20, 1978, Curtis returned to his employer's headquarters in Rhode Island after a week on the New Era. Upon arriving, he was immediately ordered back to the New Era. During the early morning hours of April 21, Curtis drove to Atlantic City to meet the helicopter which was to fly him to the New Era. While on the New Jersey Garden State Parkway, the company car was struck head-on by another vehicle. Curtis suffered severe injuries and his passenger was killed.
A well-logging operator gathers test data at offshore oil and gas wells and uses it to evaluate drilling sites.
Curtis filed a claim for permanent partial disability compensation with the Office of Workers' Compensation Programs on June 21, 1978. Travelers Insurance Company (Travelers) voluntarily paid Curtis benefits for temporary total disability, at first under the LHWCA and after August, 1978 at reduced rates under New Jersey workers' compensation law. When Curtis returned to work on October 1, 1979 as a gun shop helper for Schlumberger, a position paying considerably less per year than that of well-logging operator, Travelers disputed Curtis's claim for permanent partial disability benefits.
At the formal hearing before the ALJ in October of 1981, Schlumberger and Travelers disputed both OCSLA coverage and the extent of Curtis's permanent disability. They argued that the statute only covered accidents occurring on an artificial island or fixed platform over the continental shelf, not this New Jersey motor vehicle collision. They also argued that the New Era rig was not a fixed platform and therefore was not within the scope of the OCSLA. They instead contended that Curtis was a "crew member" and his injuries were more properly covered by the Jones Act than by New Jersey workers' compensation law.
The ALJ found that the claim was covered by the OCSLA and awarded plaintiff relief for permanent disability under § 8 of the LHWCA, 33 U.S.C.A. § 908. Curtis v. Schlumberger Offshore Services, Inc., No. 81-LHCA-1259 (Aug. 8, 1983). The Board reversed. Curtis v. Schlumberger Offshore Services, Inc., BRB No. 83-2113 (Aug. 26, 1987) (per curiam). It stated that the accident in New Jersey was "well outside the geographic boundaries of the Outer Continental Shelf" and therefore fell outside the intended scope of the OCSLA. Curtis, BRB No. 83-2113, slip op. at 3. Although Curtis was within the scope of his employment at the time he was injured, he was not "subject to the unique working conditions and hazards associated with the exploration and development of the Shelf." Id. Therefore, the Board concluded that his injuries were not covered. The Board specifically found it unnecessary to address whether the OCSLA only covers accidents on fixed platforms and whether the ALJ properly computed Curtis's loss of earning capacity. Id. at 3 n. 2.
43 U.S.C.A. § 1333(b) applies the provisions of the LHWCA to injuries which are included within the coverage of the OCSLA.
On review, we must decide whether Curtis's injury falls within the scope of 43 U.S.C.A. § 1333(b). Our review is limited to a determination of whether the Board acted in conformance with applicable law and within its proper scope of review. Oravitz v. Director, Office of Workers' Compensation Programs, 843 F.2d 738, 739 (3d Cir. 1988); Janusziewicz v. Sun Shipbuilding Dry Dock Co., 677 F.2d 286, 290 (3d Cir. 1982). We owe no deference to the Board's interpretation of the OCSLA; however, we will respect that interpretation if it is reasonable. See Potomac Electric Power Co. v. Director, Office of Workers' Compensation Programs, 449 U.S. 268, 278 n. 18, 101 S.Ct. 509, 514-15 n. 18, 66 L.Ed.2d 446 (1980) (Board's interpretation of LHWCA entitled to no special deference since it does not "administer" that statute); Kaiser Steel Corp. v. Director, Office of Workers' Compensation Programs, 812 F.2d 518, 521 (9th Cir. 1987).
In the absence of any opposition we granted the Director of the Office of Workers' Compensation Programs' (Director's) "motion to amend and reform the caption." In that motion he relied on 33 U.S.C.A. § 921(c) and Federal Rule of Appellate Procedure 15(a). His brief was styled a "brief in support of petitioner." In fact, he supported petitioner only on the issue of liability, opposing him on damages.
At oral argument the Director responded to a question from the panel by asserting there was no doubt as to his "standing." If by that response he asserts standing, not merely as an agency responding to an attack on its ruling pursuant to Rule 15(a), but as a party who is "aggrieved" within the meaning of 33 U.S.C.A. § 921(c) by a decision of the Benefits Review Board, we do not find the issue as clear and free from doubt as he asserted. In Krolick Contracting Corp. v. Benefits Review Board, 558 F.2d 685 (3d Cir. 1977), we held the Director of the Office of Workers' Compensation Programs to be the proper respondent in the appeal of a black lung benefits decision under the Coal Mine Health and Safety Act, 30 U.S.C. § 801 et seq. In discussing the LHWCA (the Coal Mine Health and Safety Act section 932(a) refers compensation matters to the LHWCA provisions), Judge, now Chief Judge, Gibbons found that Congress may have omitted any reference in the LHWCA to a particular agency respondent because of Fed.R.App.P. 15(a), which requires an agency be named as respondent in agency review proceedings. Judge Gibbons found that the Director had standing, since the government in black lung cases may have secondary liability. The court declined to decide this issue for other benefit statutes incorporating the LHWCA. In Director, Office of Workers' Compensation Programs v. O'Keefe, 545 F.2d 337 (3d Cir. 1976) we assumed the Director's power to petition for review of a Benefits Review Board decision in a LHWCA claim but rejected his argument that he was entitled to "great deference" in interpreting the Act as the responsible administrator.
Other courts of appeals have said the Director has standing pursuant to Fed.R.App.P. 15(a) and 33 U.S.C.A. § 921(c). See Goldsmith v. Director, Office of Workers' Compensation Programs, 838 F.2d 1079, 1080 (9th Cir. 1988) (Director should be named as respondent in all § 921(c) actions); Director, Office of Workers' Compensation Programs v. Cargill, Inc., 718 F.2d 886, 888-89 (9th Cir. 1983) (Director has standing to petition for review of Board decision adversely affecting fund under § 921(c)); Thornton v. Brown Root, Inc., 707 F.2d 149, 154 (5th Cir. 1983) (Director is proper party respondent under Fed.R.App.P. 15(a)). Shahady v. Atlas Tile Marble Co., 673 F.2d 479, 485 (D.C.Cir. 1982) (Director is proper party respondent under § 921(c) but not Rule 15(a)). Shahady seems sound on policy because the Director's supervisory and enforcement interest should be sufficient to entitle him to participate as a party; his responsibility to oversee the development of a consistent body of law in this area should not depend upon the vagaries of the parties' private, albeit adversary, interests. We do not have the benefit of full briefing on this issue. Fortunately, we need not decide it because all the issues on the merits are presented to us by the employer and employee, who are unquestionably aggrieved parties. Thus, our decision in this case does not depend upon resolution of the Director's status.
Schlumberger and the Director also argue that we should review the ALJ's determination of Curtis's loss of earning capacity. The Director and Curtis are at odds on this issue, as Curtis supports the ALJ's determination. Because the Board specifically declined to address diminished wage earning capacity, we will remand to the Board for consideration of this issue. See Bernardo v. Director, Office of Workers' Compensation Programs, 790 F.2d 351, 353-54 (3d Cir. 1986); Base Billeting Fund, Laughlin Air Force Base v. Hernandez, 588 F.2d 173, 176-77 (5th Cir. 1979) (per curiam).
In maritime jurisprudence, courts have spent decades trying to discern what kind of employee is covered by what statute for which injuries occurring in which locations. This case is apparently one of first impression and allows us to carry on that tradition. Accordingly, we will proceed to determine whether Congress intended that the OCSLA cover off-rig injuries. In so doing, we first look to the plain language of the statute. Offshore Logistics, Inc. v. Tallentire, 477 U.S. 207, 106 S.Ct. 2485, 2495, 91 L.Ed.2d 174 (1986); Department of the Navy, Military Sealift Command v. FLRA, 836 F.2d 1409, 1416 (3d Cir. 1988).
Congress enacted the OCSLA in 1953 to establish federal control and jurisdiction over the outer continental shelf and its apparently vast mineral resources, including oil and natural gas. The Secretary of the Interior was given the power to issue regulations to foster competition for federal leases of mining rights. 43 U.S.C.A. § 1334(a). Section 1332 established federal control over the subsoil and seabed lying more than three miles seaward of a state's shores and up to the outer limits of the shelf. 43 U.S.C.A. §§ 1332, 1312. In § 1333, entitled "Laws and regulations governing lands," Congress provided in subsection (c) that the LHWCA was to apply "[w]ith respect to disability or death of an employee resulting from any injury occurring as the result of operations described in subsection (b) of this section." 43 U.S.C. § 1333(c) (1958 version). Subsection (b) provided that district courts would have jurisdiction over:
It did not, however, give the United States ownership over things lying on the seabed, such as the Titanic or a Spanish galleon.
In the 1958 version section 1333(c) provided:
(c) With respect to disability or death of an employee resulting from any injury occurring as the result of operations described in subsection (b) of this section, compensation shall be payable under the provisions of the Longshoremen's and Harbor Workers' Compensation Act under this section —
(1) the term "employee" does not include a master or member of a crew of any vessel, or an officer or employee of the United States or any agency thereof or any State or foreign government, or of any political sub-division thereof;
(2) the term "employer" means an employer any of whose employees are employed in such operations; and
(3) the term "United States" when used in a geographical sense includes the outer Continental Shelf and artificial islands and fixed structures thereon.
The OCSLA was amended effective September 18, 1978, after plaintiff's accident. The 1978 amendment was essentially technical, combining § 1333(c) within (b). See H.R.Conf.Rep. No. 1474, 95th Cong., 2d Sess. 80-81, reprinted in 1978 U.S. Code Cong. Admin. News 1674, 1679-80 (hereinafter House Conference Report).
cases and controversies arising out of or in connection with any operations conducted on the outer Continental Shelf for the purpose of exploring for, developing, removing or transporting by pipeline the natural `resources, or involving rights to the natural resources of the subsoil and seabed of the outer Continental Shelf.
43 U.S.C. § 1333(b) (1958 version).
The Board's holding that Curtis's accident, although occurring within the scope of his employment, was "well outside the geographic boundaries of the Outer Continental Shelf" and therefore outside the intended scope of the OCSLA, is not supported by the language of the statute which refers to "any injury occurring as the result of operations described in subsection (b)." 43 U.S.C.A. § 1333(c) (1958 version). The Board sought to support its holding by reasoning that Curtis "was not at the time of the accident subject to the unique working conditions and hazards associated with the exploration and development of the Shelf." Curtis, BRB No. 83-2113, slip op. at 3. However, subsections (b) and (c) of § 1333 did not place any nexus, situs or geographic restrictions on claims for injuries in connection with outer continental shelf operations. Indeed, former subsection (b), incorporated into former subsection (c) by reference, also provides jurisdiction over matters "arising out of or in connection with" any operations conducted on the outer Continental Shelf. Since the 1978 amendment combining (b) and (c) was not meant to change the meaning of the law, the language quoted speaks against the Board's position. The only possible statutory basis for the Board's position is § 1333(a)(1), which reads:
The Constitution and laws and civil and political jurisdiction of the United States are extended to the subsoil and seabed of the outer Continental Shelf and to all artificial islands and fixed structures which may be erected thereon for the purpose of exploring for, developing, removing, and transporting resources therefrom, to the same extent as if the outer Continental Shelf were an area of exclusive Federal jurisdiction located within a State. . . .
43 U.S.C. § 1333(a)(1) (1958 version). This subsection makes no reference to injuries and, as we read it, is a provision intended for the separate purpose of asserting federal jurisdiction over the seabed underlying the outer continental shelf. The only criterion subsections (b) and (c) impose for securing LHWCA benefits is for injured employees to be involved in "any operations conducted on the outer Continental Shelf for the purpose of exploring for, [and] developing . . . the natural resources . . . of the outer Continental Shelf." 43 U.S.C.A. § 1333(b), (c). There also was no limitation in § 1333(b) to "artificial islands and fixed structures" like the one in § 1333(a)(1). Indeed, the Fifth Circuit applied this reading of the OCSLA in Barger v. Petroleum Helicopters, Inc., 692 F.2d 337 (5th Cir. 1982) (LHWCA is exclusive remedy against helicopter pilot's employer for pilot's death while transporting workers to offshore rig located on outer continental shelf).
Section 1333(a)(1) was amended in 1978 to read:
The Constitution and laws and civil and political jurisdiction of the United States are hereby extended to the subsoil and seabed of the outer Continental Shelf and to all artificial islands, and all installations and other devices permanently or temporarily attached to the seabed, which may be erected thereon for the purpose of exploring for, developing, or producing resources therefrom, or any such installation or other device (other than a ship or vessel) for the purpose of transporting such resources, to the same extent as if the Outer Continental Shelf were an area of exclusive Federal jurisdiction located with a State. . . .
43 U.S.C.A. § 1333(a)(1)(West 1986).
A review of the legislative history of the OCSLA does not prove helpful. Regarding the 1978 amendment combining subsections (b) and (c), the House Conference Report comments that this merger:
was therefore necessary to more specifically describe the applicability of the Longshoremen's Act to OSC [sic] activities. This amendment involves no change in existing law. It was not the intent . . . to alter in any way the existing coverage of the Longshoremen's Act, nor of other remedies . . . for injury or death.
House Conference Report at 81; 1978 U.S. Code Cong. Admin. News at 1680. In 1978 Congress may have been aware of law in the Fifth Circuit applying LHWCA compensation provisions, pursuant to OCSLA, to injuries related to outer continental shelf operations, as opposed to injuries occurring on the shelf itself.
This interpretation had been developing in the Fifth Circuit prior to the 1978 amendment. In Nations v. Morris, 483 F.2d 577 (5th Cir.), cert. denied, 414 U.S. 1071, 94 S.Ct. 584, 38 L.Ed.2d 477 (1973) the court held that an injured drilling rig employee could not sue a fellow employee under Louisiana state law because the LHWCA is the exclusive remedy for injured employees covered by the OCSLA. The court explained:
OCSLA, in its incorporation of [the LHWCA], did not speak in terms of injuries occurring on such platforms so as to distinguish them from those off the platforms. The incorporation, § 1333(c), . . . refers to `operations described in subsection (b)' which thereby incorporates the broad scheme of § 1333(b). Obviously Congress purposefully established a system that would apply without regard to physical location.
Nations, 483 F.2d at 584 (footnote omitted) (emphasis in original); see also In re Dearborn Marine Service, Inc., 499 F.2d 263, 276 (5th Cir. 1974) (declining to read Rodrigue v. Aetna Casualty Surety Co., 395 U.S. 352, 89 S.Ct. 1835, 23 L.Ed.2d 360 (1969) and § 1333(a)(2) in conjunction with § 1333(b)), cert. dismissed, 423 U.S. 886, 96 S.Ct. 163, 46 L.Ed.2d 118 (1975); Smith v. Falcon Seaboard, Inc., 463 F.2d 206, 208 (5th Cir. 1972) (per curiam) ("mobility of the situs" criterion in § 1333(b) does not render § 1333(c) constitutionally defective), cert. denied, 409 U.S. 1085, 93 S.Ct. 688, 34 L.Ed.2d 672 (1972); Bertrand v. Forest Corp., 441 F.2d 809, 810 (5th Cir.) (per curiam) (LHWCA benefits available for employees injured "as the result of operations conducted on the outer continental shelf"), cert. denied, 404 U.S. 863, 92 S.Ct. 106, 30 L.Ed.2d 107 (1971).
It is true that these cases may be distinguishable on their facts. Nevertheless, taken together, they support the principle that situs does not control the application of the LHWCA. Smith v. Pan Air Corp., 684 F.2d 1102 (5th Cir. 1982) is not to the contrary.
The meaning of this line of cases was clarified by the Fifth Circuit in Barger v. Petroleum Helicopters, Inc., 692 F.2d 337, 338 (5th Cir. 1982) (helicopter pilot transporting passengers to offshore rig covered by OCSLA), cert. denied, 461 U.S. 958, 103 S.Ct. 2430, 77 L.Ed.2d 1316 (1983); see also Kerr-McGee Corp. v. Ma-Ju Marine Services, Inc., 830 F.2d 1332, 1335 n. 1 (5th Cir. 1987) (employee, injured on charter boat while approaching well site, covered by OCSLA); Stansbury v. Sikorski Aircraft, 681 F.2d 948, 951 (5th Cir.) (employee, killed in helicopter crash while returning from inspection of employer's offshore rig, covered by OCSLA), cert. denied, 459 U.S. 1089, 103 S.Ct. 573, 74 L.Ed.2d 935 (1982); Longmire v. Sea Drilling Corp., 610 F.2d 1342, 1348 (5th Cir. 1980) (offshore drilling employee, injured while stowing anchor chains aboard tender vessel anchored next to rig, covered by OCSLA). The Court of Appeals for the Ninth Circuit has also adopted this construction of § 1333(b). Kaiser Steel Corp. v. Director, Office of Workers' Compensation Programs, 812 F.2d 518, 520 (9th Cir. 1987) (welder, injured while constructing offshore oil platform, covered by OCSLA). The court noted that:
[i]n the absence of any other limitation on the face of the statute or in the legislative history of the [OCSLA], section 1333(b) should be construed as extending [LHWCA] coverage to all victims of disabling or fatal injuries sustained while working to develop the mineral wealth of the [outer continental shelf].
Kaiser Steel Corp., 812 F.2d at 522.
The Board's position gets some support from Offshore Logistics, Inc. v. Tallentire, 477 U.S. 207, 106 S.Ct. 2485, 91 L.Ed.2d 174 (1986). We believe that case is distinguishable, however, and does not indicate a firm position on or foreclosure of the issue. In Offshore Logistics, two widows brought wrongful death actions against Air Logistics, the owner and operator of a helicopter which crashed thirty-five miles off the coast of Louisiana, killing their husbands. They raised claims under the OCSLA, the Death on the High Seas Act (DOHSA), and Louisiana state law, arguing that their state law wrongful death claims were preserved under either OCSLA or DOHSA. Regarding OCSLA, the Supreme Court found that § 1333 did not extend to the locale of the accident:
We do not interpret § 1333 of OCSLA to require or permit us to extend the coverage of the statute to the platform workers in this case who were killed miles away from the platform and on the high seas simply because they were platform workers. Congress determined that the general scope of OCSLA's coverage . . . would be determined principally by locale, not by the status of the individual injured or killed.
Offshore Logistics, 106 S.Ct. at 2493. In the footnote accompanying this text, however, the Court expressly disclaimed resolution of the issue before us:
Only one provision of OCSLA superimposes a status requirement on the otherwise determinative OCSLA situs requirement; section 1333(b) makes compensation for the death or injury of an "employee" resulting from certain operations on the outer Continental Shelf payable under the [LHWCA]. We note that because this case does not involve a suit by an injured employee against his employer pursuant to § 1333(b), this provision has no bearing on this case.
Id. at 2493 n. 2. Offshore Logistics involved § 1333(a)'s (as amended in 1978) extension of "[t]he Constitution and laws" to the subsoil and seabed, artificial islands and other installations and devices of the outer continental shelf. This case involves a § 1333(b) suit by an employee against his employer. LHWCA benefits are specifically provided for by the statute. Curtis was clearly acting within the scope of his employment at the time of the injury.
We also find Herb's Welding, Inc. v. Gray, 470 U.S. 414, 105 S.Ct. 1421, 84 L.Ed.2d 406 (1985), distinguishable. In Herb's Welding, Inc. the employee, a welder, was working on a fixed platform in Louisiana state waters when the injury occurred. The Supreme Court held that because Gray's employment was not inherently "maritime," he did not qualify for benefits under the LHWCA. Herb's Welding, Inc., 470 U.S. at 427, 105 S.Ct. at 1429. The Court specifically refused to address the issue of whether the LHWCA could be applied to Gray under § 1333(b) of the OCSLA. Id. at 426 n. 12, 105 S.Ct. at 1428 n. 12. On remand, the Fifth Circuit also specifically declined to address this issue. Herb's Welding v. Gray, 766 F.2d 898, 900 (5th Cir. 1985). The issue thus appears to be open.
We believe that our interpretation of 43 U.S.C.A. § 1333(b) is correct in light of the administrative, legislative and judicial policy of resolving doubtful LHWCA coverage questions in favor of coverage. See Sun Ship, Inc. v. Pennsylvania, 447 U.S. 715, 719-20, 100 S.Ct. 2432, 2435-36, 65 L.Ed.2d 458 (1980) (1972 LHWCA amendments supplement, rather than supplant, state law); Northeast Marine Terminal Co. v. Caputo, 432 U.S. 249, 268, 97 S.Ct. 2348, 2359, 53 L.Ed.2d 320 (1977) (broad language of 1972 amendments suggests courts should take expansive view of LHWCA coverage to avoid harsh and incongruous results); Calbeck v. Travelers Insurance Co., 370 U.S. 114, 124, 82 S.Ct. 1196, 1202, 8 L.Ed.2d 368 (1962) (LHWCA designed to insure remedy for all injuries sustained by employees on navigable waters and to avoid uncertainty as to source of remedy); Novelties Distribution Corp. v. Molee, 710 F.2d 992, 995 (3d Cir. 1983) ("maritime employment" within LHWCA § 902(3) must be construed broadly), cert. denied, 465 U.S. 1012, 104 S.Ct. 1014, 79 L.Ed.2d 244 (1984). We agree with the Fifth Circuit position that the "but for" test is appropriate in establishing whether Curtis's injury occurred as a result of operations on the outer continental shelf. Barger, 692 F.2d at 340; see also Herb's Welding v. Gray, 766 F.2d 898, 900 (5th Cir. 1985) (injury was not caused by outer continental shelf operations and therefore fell outside scope of OCSLA); Stansbury, 681 F.2d at 951 ("but for" outer continental shelf operations, decedent would not have been killed in helicopter crash). "But for" his travelling to the New Era for the purpose of conducting "operations" within § 1333(b), employee Curtis would not have sustained injuries in the automobile accident.
We hold that the Board erred in determining that Curtis's claim fell outside the intended scope of the OCSLA. We will therefore grant the petition, reverse the Board's order denying coverage under the OCSLA, and remand to the Board for further proceedings consistent with this opinion.
In Curtis v. Schlumberger Offshore Service, Inc., 849 F.2d, at 811, the Third Circuit held that, because Congress intended LHWCA coverage to be expansive, § 1333(b) extends to all injuries that would not have occurred "but for" operations on the OCS. The Third Circuit thus concluded that an employee who worked on a semisubmersible drill rig, but who was killed in a car accident on the way to the helicopter that was to fly him to that rig, was eligible for § 1333(b) benefits.
Summary of this case from Pac. Operators Offshore, LLP v. Valladolid
In Curtis v. Schlumberger Offshore Service, Inc., 849 F.2d 805 (3d Cir. 1988), the Third Circuit rejected the situs-of-injury test and held that a claimant need only satisfy a "but for" test in establishing that the injury occurred "as the result of operations on the outer continental shelf.
Summary of this case from Valladolid v. Pacific Operations Offshore, LLP

redpajama_set_name: RedPajamaCommonCrawl


text:
October 9, 2015 English Premier League
Klopp Coming in Hot
Jurgen Klopp has officially been named manager of Liverpool F.C. Although practically the whole internet predicted it beforehand, Liverpool made it official today.
Unsurprisingly, Klopp's already shaking things up.
One repercussion of Klopp's appointment is the firing of Sean O'Driscoll and Gary McAllister, Liverpool's former assistant manager and first team coach had just joined the club in July.
Their positions will be taken up by Peter Krawietz and Zeljko Buvac at Anfield.
Buvac and Klopp worked together closely at Borussia Dortmund.
Krawietz, 43, and Buvac, 54 – nicknamed "the brain" – previously worked alongside Klopp at both Mainz and Borussia Dortmund. Krawietz is set up to be Klopp's assistant coach and video analyst, while Buvac will act as assistant manager.
The move shows how supportive Liverpool is of Klopp with the speed at which they recruited his two former assistants and hired them.
Liverpool Chairman Tom Werner had this to say:
"He possesses all the qualities we are looking for in a manager – he is a strong, inspirational leader, who has a clear philosophy of high energy, attacking football. Critically, he is also a winner and someone who can connect with and enthuse our supporters."
His resume proves he's more than worthy of a chance in the EPL.
"It is our job now to support Jürgen every step of the way and help him achieve his full potential at this great football club."
His First Press Conference:
Klopp's first chance to talk with the British media was everything you'd expect. Even with thinly veiled jabs and the Premier Leagues biggest mouth, Jose Mourinho.
"I don't want to describe myself. I am a totally normal guy. I am the normal one maybe? I had a great opportunity to take Dortmund for seven years. And now I am here. I want to enjoy my work."
Klopp actually cut a year long sabbatical short to jump on the opportunity to coach Liverpool FC. And his phrasing of the normal one is a reference to Mourniho's self-title, "The Special One".
"I have said this phrase 'full-throttle' football. It will be this."
"I am not here only because LFC was calling, I believe in the potential of this team."
"I don't compare myself with the genius managers in the history of football. It is cool that you are all looking forward to the next few years with me but it is not my job to do this. None of the great managers said in their first press conference that they wanted to be a legend when I leave here. We have to work in the present."
In less than twenty-fours hours Klopp already has Liverpool headed in new and exciting directions.
Can't wait to see what is sure to be one of the Premier League's most entertaining managers has up his sleeve in the upcoming weeks.
Jurgen KloppLiverpool
FIFA: A legacy in Sports Video Gaming
With Everton Match Ahead, Injury Plagued Man United Have to Make Due


The lawyer, who is well known in Washington, DC, asked not to be named for fear of retaliation from the SEC. In an interview with Fortune, he claimed the SEC guidelines fail to acknowledge how crypto tokens--which are nominally for buying online services but are also a vehicle for speculation--are distinct from other assets. He added the SEC's position will cause smaller companies to set up shop outside the U.S.
The upshot is the vast majority of tokens put up for sale will likely be considered securities, which means they must be registered with the SEC before they can be offered to the public--a process that can be slow and expensive.
According to critics, restrictions like the ones attached to TurnKey Jet negate the very reasons token projects are appealing in the first place. In the view of proponents, public token sales--which are tracked on shared ledgers known as blockchains--provide an inexpensive source of fund-raising, while the ability to exchange tokens on an external platform creates an important secondary market for tokens.
13/ Because the no-action letter and the framework each contain -quot;no-transferability-quot; caveats, I don't immediately see how this advances the discussion or gives clarity to any entrepreneur who really needed it. Bummer.
All of this puts U.S. cryptocurrency startups in a difficult position. Their hopes of conducting a token sale to fund their projects are all but dashed in light of the new guidelines while the more traditional option--registering the securities and selling them in an Initial Public Offering--typically costs several million dollars in legal and auditing fees.
Token sellers using the "Reg A plus" route will eventually gain traction, according to Lung, but in the meantime such applications face a long-wait at the SEC--a problem for startups given that crypto-related technology is evolving rapidly, and delays risk making their projects obsolete.
The bill is currently stalled but the Blockchain Alliance, a Washington D.C. trade group, told Fortune they are pushing to reintroduce it soon.


text:
Nokia Browser for Symbian (formerly known as Web Browser for S60) was the default web browser for the S60 and Symbian mobile phone platform. The browser is based on a port of Apple Inc.'s open-source WebCore and JavaScriptCore frameworks which form the WebKit rendering engine that Apple uses in its Safari Web browser.

History
The first version in 2002 was lacking support for the Wireless Application Protocol (WAP) and Wireless Markup Language (WML) and Adobe Flash Lite. s60 version 2 introduced support for WAP and WML. Hence the Nokia Services (WAP) browser was the default browser on initial device shipments of this platform.

Nokia announced porting WebKit to the S60 Browser in June 2005, and made it available in November. At the 2006 World Wide Web Conference, Nokia announced that it was releasing the source code for its port of WebKit back to the community.

Browser
It supports:
 HTML
 WAP 2.0 (XHTML)
 Cookies and JavaScript
 Wide web pages can be formatted for mobile viewing
 Multi-file download
 Super web browsing
Drawbacks:
 Multi-window browsing is not supported.
 It does not compress pages, which puts a greater strain on the phone's processor and bandwidth usage.

S60v3 Browser (1 April 2006)
It supports:
 HTML
 WAP 2.0 (XHTML)
 Cookies and Adobe Flash Lite
 Multi-window browsing
 Many files (up to 10) can be downloaded at once. This s60 v3 was the first version to support Adobe Flash Lite.

Nokia Browser 7.0
Nokia Browser 7.0 is supported on S60 5th Edition devices.

This version supports all of the features of prior to the Nokia Browser 7 releases, as well as the following additional features:
 Support for touch devices
 On-screen zoom controls

Nokia Browser 7.1
Nokia Browser 7.1 is supported on S60 3rd and 5th Edition devices.

New features:
 Based on WebKit 525
 Full support for Flash Lite 3.0
 Supports kinetic scrolling
 User-configurable shortcut keys and visual keymap
 Full-screen view

Drawbacks:
 Copy paste support is poor. If you have a device with no Control-key or Pen-key, you can not copy paste in most web forms. With older Nokia models, like N95 or E90, this was not a problem, as N95 had a Pen-key and E90 had a Control-key. New N86 and N97 do not have such keys. However, E72, which was released in 11/2009, has a Control-key.
 Some jQuery effects are not supported (fadeIn and slideDown)

Nokia Browser 7.2 (Symbian^3)
The Nokia Browser 7.2 is supported on Symbian^3 and S60 (3rd and 5th Edition) platform devices.

New features:

 Support for Capacitive touch display
 Two finger touch support (pinch open and pinch close) - on capacitive touch devices only
 Support for Optical Finger Navigation
 Flash Lite 4.0 - On Symbian 3 devices only
 Flash Lite 3.1 - On Symbian 3, S60 5th Edition, and S60 3rd Edition (Feature Pack 2) devices
 Search Client Integration

Nokia Browser 7.3 (Symbian Anna)
Nokia Browser 7.3 is pre-installed on Symbian Anna devices (like the Nokia E6 and Nokia X7). Browser 7.3 is also available to Symbian^3 devices (Nokia C6-01, Nokia C7, Nokia E7, Nokia N8) as part of the upgrade from Symbian^3 to Symbian Anna. Some S60 3rd Edition and S60 5th Edition devices received the updated browser in the form of firmware updates. This version brings a touch-optimized user interface in addition to better web standards support and improved performance.

New features include:
 Basic HTML5 support
 CSS 3 support
 JavaScript 1.8 support
 Viewport meta tag support
 Internationalized Domain Name (IDN) support
 Flash Lite 4.0.3 support
 VGA screen support
 Multi-window browsing
 touch-optimized user interface:
 Split-screen virtual keyboard support for live update of input fields
 Easy to access address bar at the top of the page with improved auto-complete
 Back button is always accessible
 Full screen and quick menu access button

Nokia Browser 7.4 (Nokia Belle)
Nokia Browser 7.4 is pre-installed on Nokia Belle devices (Nokia 600, Nokia 603, Nokia 700, Nokia 701). Browser 7.4 is also available to
Symbian^3/Anna devices as part of the upgrade from Symbian Anna to Nokia Belle.

Browser 7.4 added support for the following features:
 HTML5 Audio/Video APIs and UI
 HTML5 Geolocation APIs and UI
 URL hash tag navigation (back/forward) within a web page without page reloads

Additionally, the user interface is changed in comparison to v7.3 as follows:
 Previous/next page, Bookmarks, Multi-window navigation, menu buttons at the bottom
 Direct access to RSS web feeds from the menu
 Links can be shared via SMS, e-mail, or Bluetooth

Nokia Browser 8.3 (Nokia Belle)
Come with Nokia Belle FP2 (Nokia 603, Nokia 700, Nokia 701, Nokia 808)
Better HTML5 and JavaScript support
Contains a bug (v8.3.2.21) where selecting "clear privacy data -> all" doesn't actually clear cookies; they must be cleared specifically.

See also
 Mobile browser
 Information appliance
 User agent
 Nokia Xpress

References

External links

Nokia Browsers
 Nokia Browser
 Nokia Developer - Symbian Browsers
 S60WebKit (Rendering engine)
 Nokia Developer - S60WebKit
 Webkit - Trac - S60WebKit Project

Nokia services
S60 (software platform)
Symbian software
S60
Software based on WebKit

redpajama_set_name: RedPajamaWikipedia


text:
Things to do in Newcastle after the Great North Run
Conquer the Great Run and experience a great city:
Experience the amazing sights of Newcastle.
There's no event quite like the Great North Run. Not only is it the biggest mass participation event in the UK, but the route takes you through some of the most iconic spots in the North East as the 13.1 mile-route weaves its way from the centre of Newcastle to the coast at South Shields. And while you may see some of the incredible sights as you run among the crowd, you don't really get the time to appreciate them to the full. So why not make a weekend of it? You'll recover from all your exertions and discover one of the UK's most lively cities.
Explore Iconic landmarks
As a runner, you'll cross the famous Tyne Bridge at one of the earliest stages, but it's well worth taking a trip to the riverside to get a proper view of this landmark and even take a picture or two. This stunning monument to engineering was completed in 1928 and at the time was the longest single span bridge in the world. Newcastle is a city filled with football fans and St James's Park is a magnificent monument to their passion. And although there isn't a match during the weekend of the run, you can take a tour of the 52,000-seater stadium and find out more about the rich history of Newcastle United's home since 1892. Don't miss the Angel of the North, Anthony Gormley's stunning sculpture which stands on the site of a former coalmine. While it can be seen from the A1 motorway, it's worth taking a trip to see it in person just to appreciate the scale of this artistic achievement. The sculpture stands at 20 metres tall with a wingspan of 54 metres and can withstand winds of up to 100 mph.
Newcastle boasts one of the largest city-centre shopping malls in Eldon Square, so you can enjoy a great retail experience right in the heart of the city without having to worry about that unpredictable North East weather. For an out of town retail experience, head for the Metrocentre in Gateshead ¬– the UK's largest shopping centre. With over 2 million square feet of shopping space and 370 shops, you can get lost in the endless maze of stores. As well as the shopping, there are more than 50 places to dine, so whether you're in the mood for sushi, Italian or burgers, you'll find the perfect meal to suit your tastes. And with a cinema, bowling alley, entertainment arcade and soft play, you can turn your shopping excursion into a fun day out.
Newcastle has a rich culture to explore from fascinating historic sites to world-renowned museums. The castle in the city centre dates back to the 12th century and the remaining castle keep is a fascinating insight into the origins of the city and the people who lived there. Move forwards in time and explore the Victoria Tunnel, a 19th century wagonway which was used to transport coal the 2.4 miles from the Town Moor to the River Tyne. It was first opened to the public in 2008 and has become one of the city's must-see attractions. Beamish is an open-air museum telling the story of the people of Newcastle. You can step back in time and discover what life was like in a 1900s colliery and pit village, a 1920s village, or a 1940s town. To explore the world beyond the Tyne, the Great North Museum was constructed in the 1884 and features a huge range of natural history exhibits, from ancient fossils to live animals as well as historic collections from around the world.
Newcastle is famous for its fabulous nightlife with hen and stag weekends coming from all over the country to sample the unique atmosphere. There are plenty of bars, restaurants, casinos and clubs to choose from, so whether you want a quiet cocktail or dance the night away, you're sure to find your perfect destination. The Gate entertainment complex near St James' Park is home to wide choice of bars as well as the Tiger Tiger club, which has a number of themed rooms to explore. The Quayside area is popular with locals and offers a selection of great bars from the beer heaven of Brewdog or the great food and marvellous mixology of Canteen & Cocktails, all with some spectacular views of the Tyne. And if you want to stay out later, head for some late-night fun at the luxury club Livello on Lower Dean Street.
Good luck with the run everyone and have a great time in Newcastle!
The Great North Run
Andrew Moir


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text:
As It Happens
How an Australian man milked a bank glitch for $2M and walked free
When 22-year-old Luke Moore discovered the overdraft on his bank account had no limit, he milked the bank error for $2 million. Then police raided his house.
CBC Radio · Posted: Dec 14, 2016 11:31 AM ET | Last Updated: December 15, 2016
Luke Moore living the high life. The Australian man took advantage of a bank glitch and blew through $2 million before authorities caught him. (Luke Moore)
Read Segment Transcript
Six years ago, Luke Moore noticed something strange about his bank account.
The Australian man, then 22 years old, discovered that he could withdraw as much cash as he wanted — long after he spent all the money he had deposited. So withdraw he did.
By the time the authorities caught up with him, Moore had made off with about $2 million AUD ($1.95M Cdn).
He spoke with As It Happens host Carol Off about his new lifestyle he adopted during that time and why the fraud charges against him were eventually dropped. Here is part of their conversation.
(Luke Moore)
Carol Off: Luke, how did you come to realize that you could draw out of your bank account endless sums of money?
Luke Moore: The whole story was fairly simple. All that happened was my home loan, my internet, my health insurance and things like that were automatically coming out of the everyday banking account that I used. Then, for some reason or another, my pay started going into another account but all my direct debits kept coming out of the account, even though there was no money in it.
I sort of just took a gamble really one day, I think. I rang up a home loan company and asked them if they could, instead of direct debiting my usual $500 a fortnight, if they could debit $5000. That's when it all sort of started — me being able to access this enormous line of credit.
CO: So when did it cross over from you to being able to pay some bills and to have some money to cover your expenses, when did it cross over to a lifestyle change?
LM: Oh the lifestyle change was incredible. First thing I did was go out and buy a new car. I was still living in Goulburn [Australia] at that stage. I was sort of just going out, partying and buying new clothes. Then I decided to go up for a holiday to Surfer's Paradise, the Gold Coast. I was going up there just for a weekend to see one of my friends and I ended up staying there for about the next 12 months.
CO: And then you started buying more stuff.
LM: Yeah, well after a while the direct debits got bigger and bigger through PayPal. I ended up with four cars and a seven-metre fishing boat. I had an Aston Martin DB7, which was the same car that was in one of the James Bond films. I had a Maserati. I went on two holidays to Thailand, both for about two months each. It was crazy. Like the first time I was with someone and they didn't really know what was happening or where my money was came from. They just said to me, "I've never met anyone who has spent money like you." In Thailand we were going out to the dance clubs every night.
CO: And there were strippers and drugs?
LM: Umm … yeah, well there was all sorts of things.
CO: And you were buying up celebrity memorabilia?
LM: Oh, I had heaps of celebrity memorabilia. Actually, pretty much if you can name a celebrity I had at least a picture that was signed by them. I had artworks as well. I had a couple of Picasso sketches and an Andy Warhol painting. When the police raided my house it was described as an Aladdin's cave of treasures.
CO: But did you have a feeling there was going to be a knock at the door at any moment and you'd be caught?
LM: No. The fact of the matter is I always thought that I'd receive a letter from the bank or they'd call me because they had my phone number and address. But they never sent me a letter saying, you know, your account is this much overdrawn and it's time to start paying some of the money back. That's what I thought was going to happen.
After losing everything, Luke Moore says he is now studying to become a criminal lawyer. (Luke Moore)
CO: So at what point did the police turn up?
LM: The 12th of December, 2012. It's a day I'll never forget. I was in the bedroom and there's a knock at the window. I pulled the curtains across and they were like, "It's the police. If you don't open the front door we're going to kick it in." I was like, "Oh no. Here it is, like, it's happened."
CO: What were you charged with?
LM: In Australia it's called fraud but what it actually is, is obtained money by deception and dealing with the proceeds of crime.
CO: A jury found you guilty and then what happened at your appeal?
LM: The court ruled that there was absolutely no evidence that a crime had even been committed. For the prosecution to prove that I had obtained money by deception they had to prove that I wasn't authorized to do what I did on the account. By looking at the terms of conditions of the account that I had in place with the bank, it clearly said that I was authorized to direct debit and overdraw your account.
CO: And the judge said it was dishonest, it was bad judgement, but it wasn't criminal.
LM: That's exactly right, yes.
CO: You did six months in jail though.
LM: Yes. If you want to get out you apply for bail and it took me six months before I got in front of a judge in the Supreme Court.
This interview has been edited for length and clarity. For more on this story, listen to our full interview with Luke Moore.
Canadian tech worker refuses to help Trump build a Muslim registry — and he's not alone
Canadians help U.S. scientists protect climate change data
Dec. 14, 2016 episode transcript
FULL EPISODE: As It Happens: Wednesday Edition
Adapting to tech disruption in the financial sector
Vegans decry Canadian 'corpse cash' that contains traces of animal fat
'Abacus: Small Enough to Jail' tells story of only bank indicted after 2008 mortgage crisis