Honest deal or an elderly man exploited?

Providence Journal
Nov 28 2009

Honest deal or an elderly man exploited?

By Tracy Breton
Journal Staff Writer

PROVIDENCE ‘ Calling the case `a troubling scenario of money, deceit
and financial abuse of an elderly person,’ the state Supreme Court has
refused to disturb a lower court decision that blocks a Warwick woman
from doing much of anything with her assets until a civil fraud trial
is held.

The restraining order was issued by Superior Court Judge Jeffrey A.
Lanphear in May 2008, two months before Vartan Baligian died at age
98. It prohibits his `friend’ Carel Callahan Bainum from transferring,
selling, concealing, disposing of or encumbering any real estate,
cash, bank accounts, mortgage proceeds, bonds, personal property or
other items of value ‘ other than to pay her `normal and usual
personal living expenses’ ‘ until the lawsuit against her is resolved.
Bainum, identified in court papers as `a real estate investor and
businesswoman,’ must seek court approval before making any financial
transactions of more than $2,000.

At issue is repayment of the remainder of a $120,000 loan Baligian
made to Bainum in 2002.

Baligian’s daughter, Sona Stevens, of West Warwick, claims her father
was a victim of elder financial exploitation.

Bainum, 61, denies those allegations. In a court filing, she asserts
that it was Baligian’s idea to loan her money so he could make higher
interest and `sustain his home and pay his monthly expenses.’

According to the lawsuit that lawyer David J. Strachman filed in the
case, Baligian met Bainum several years ago `when she identified him
as a vulnerable senior citizen who could be lured into loaning her
money on unreasonable and unbusinesslike terms.’

Bainum, in her answer to the suit, claims she met Baligian over 30
years ago when he was introduced to her by a mutual friend as a
`private lender.’

The lawsuit alleges that `Baligian was induced by Bainum to loan her
money as part of a scheme to defraud and exploit him.’

On June 6, 2002, when Baligian was 92, Bainum got him to loan her the
$120,000 “ virtually all of his life savings, Strachman says. The
loan was unsecured and had an interest rate of 8 percent. It was
supposed to be repaid in early June 2007.

On Sept. 12, 2002, Bainum received another unsecured loan from
Baligian, this one for $20,000. She repaid it three months later.

But she didn’t pay off the bigger loan when it was due. Baligian and
his daughter, Sona Stevens, attempted to collect the money, the court
papers say, but Bainum didn’t pay up, claiming that if she was forced
to do so, she’d be `bankrupt,’ the court papers say. After that
conversation, Stevens, who was her father’s primary caregiver,
traveled to Florida for several weeks. She instructed Bainum not to
have any financial discussions with Baligian in her absence. But the
Supreme Court said that while Stevens was away, in October 2007,
Bainum went to Baligian’s home, `purportedly’ to take him out for ice
cream, but then drove him to her lawyer’s office where they executed a
`loan modification agreement.’ It allowed Bainum to hold off repaying
Baligian until 2018 and made the loan interest-free. If Baligian `had
lived to finally collect this long overdue debt, [he] would have been
107 years old,’ the Supreme Court noted.

Bainum still owes about $115,000 on the loan.

Baligian was a self-made man. He loved classical music and toiling in
his flower and vegetable gardens. He came to the United States from
Armenia in 1928. He never graduated from high school; English was his
second language. A survivor of the Armenian genocide, he and his late
wife, Varsenig, settled in Warwick. They had two children. When he
died in July 2008, he was living alone on Gaspee Point in Warwick, in
the house where he’d lived since 1955.

Bainum is the owner of Bainum Fundraising Inc. and New Hope
Spay/Neuter Clinic in Warwick. Court papers indicate that she is the
owner of at least 10 pieces of real estate in Rhode Island and Oregon,
but Strachman said Friday that it appears that she’s lost some of
those properties at tax sale or foreclosure.

In issuing the restraining order against Bainum ‘ who represented
herself in Superior Court but is now represented by lawyer Robert J.
Healey Jr. ‘ Lanphear found that the defendant had `hoodwinked’ the
old man into signing the new loan documents and that it was her
intention `to encumber all of her properties in the hope [of creating]
highly speculative businesses’ and that court intervention was
necessary. The judge said financial exploitation `is one of the most
important crises affecting our society and our elderly population,’
and that Baligian and the public as a whole need to be protected.

In his decision, Lanphear said that Baligian was once a `good
businessman,’ but was `not thinking clearly’ when he modified the loan
to Bainum in October 2007. The judge said the elderly man had been
hospitalized in August of that year and his mental abilities
deteriorated after that. `The court has tremendous doubts as to
whether Mr. Baligian knew what he was signing, freely agreed, or that
it was a competent free act or deed,’ Lanphear said.

Bainum claimed that she signed a mortgage for the new loan but
Lanphear said `the buildings are currently in the midst of a four-year
rehabilitation effort, are unoccupied and are already mortgaged.’

Lanphear also characterized Bainum testimony as `guarded and
self-serving.’ Bainum, he said, was `well aware that Mr. Baligian’s
children disagreed with the prior debt and wanted to collect, and not
extend the terms. She knew they were working with their father to
collect the debt when she arrived at the refinancing. She did not tell
them in advance that she would ask Mr. Baligian to refinance, or even
take him out.’ And, the judge said, `Ms. Bainum has refused to
refinance the debt or post additional security.’

Lanphear noted in his 2008 ruling that while Bainum owns several
properties, `she claims they are heavily financed as she is attempting
to develop the one property as an animal spaying/neutering clinic and
thrift store. She testified that she is incurring more and more debt ¦
she has borrowed against most of her other property and admits that no
bank will now extend her further credit,’ the judge said.

In testimony she gave in the case, Lanphear pointed out, Bainum
described her situation as `drowning.’

`When you’re drowning, you grab any branch,’ she said.

RT_CASE_11-28-09_HMGJS6T_v22.39876af.html

http://www.projo.com/news/content/ELDER_COU

Books: History of War

Globe and Mail, Canada
Nov 28 2009

History and war

A Nazi soldier inspects a group of Jewish workers in the Warsaw Ghetto
in April 1943. AFP
The year’s best-reviewed books about history and war

To read the Globe’s review of the books listed here, click on the title.

THE GAMBLE: General David Petraeus and the American Military Adventure
in Iraq, 2006-2008
By Thomas E. Ricks, Penguin Press, 394 pages, $31

Thomas Ricks of The Washington Post traces the risky, narrowly won
battles, some in Iraq, many in Washington, inside the Pentagon and for
the ear of George W. Bush, that averted U.S. defeat in Iraq. In a
masterful unveiling of the murky ways Washington often works, Ricks
traces how a handful of think-tank experts, a retired general and
academics convinced an embattled president that the only chance to
avert defeat was to stake everything on a surge of troops. Paul Koring

WAR CHILD: A Child Soldier’s Story
By Emmanuel Jal with Megan Lloyd Davies, St. Martin’s Press, 257 pages, $27.95

Emmanuel Jal’s profound memoir, about his life as a boy and child
soldier in Sudan’s civil war in the mid-1980s, offers another human
face for child soldiers, an experience that may seem farfetched to
many, but believable if we allow ourselves to see the humanity of
others. His journey has brought us to see intimately what war does to
children, families and societies, the struggle to recover and ` more
important ` the strength and resilience of children. Ishmael Beah

KING’S DREAM
By Eric J. Sundquist, Yale University Press, 296 pages, $30.95

King’s Dream is an eloquent, encyclopedic and exhaustive examination
of a cultural icon and `happening’ of the 1960s: Martin Luther King’s
`I Have a Dream’ speech, a triumphant and transcendent act of oratory.
It is also a paean to that era of popular struggle for expanded civil
and human rights, as well as an elegy for the Dreamer Generation ` the
boomers ` whose protests made that progress happen. George Elliott
Clarke

A SHADOW ON THE HOUSEHOLD: One Enslaved Family’s Incredible Struggle for Freedom
By Bryan Prince, McClelland & Stewart, 280 pages, $32.99

Prince, a descendant of slaves, tells the shocking story of the black
Weems family, torn apart by slavery. It chronicles the family’s
courageous struggle against impossible odds to reunite in freedom, and
the unflagging commitment of the abolitionists who assisted them.
Prince’s concrete details of a desperate time and place bring the
family fiercely to life. It is a superb piece of scholarship. Donna
Bailey Nurse

ARMENIAN GOLGOTHA: A Memoir of the Armenian Genocide, 1915-1918
By Grigoris Balakian, translated by Peter Balakian with Aris Sevag,
Knopf, 505 pages, $42

Grigoris Balakian’s massive memoir, first published in Armenian in
1922 and now making its debut in English, is a first-hand, harrowing
account of the author’s experience during the 20th century’s first
genocide, with more than one million Armenians exterminated by the
Ottoman Turks. Weighted with eyewitness accounts and Balakian’s
prodigiously sharp memory, this book is not a scholar’s history but an
educated prelate’s, with an enviable grasp of Ottoman and European
history. Keith Garebian

THE THIRD REICH AT WAR
By Richard J. Evans, Penguin Press, 800 pages, $50

Evans’s trilogy ` of which this is the final volume ` is an invaluable
synthesis. Highly readable, it brings together the mass of recent
scholarly studies on the Third Reich. The first two volumes, on the
rise of the Nazi Party and its effect on German society, attempted to
answer pressing questions we still have about the era. The Third Reich
at War, engaging and compelling, continues the very high standard.
Evans’s trilogy has a good claim to be `definitive." James Grant

THE WARSAW GHETTO: A Guide to the Perished City
By by Barbara Engelking and Jacek Leociak, translated by Emma Harris,
Yale University Press, 906 pages, $75

Translated from the 2001 Polish edition, this is a stunning work, one
of the most important books on the Nazi Holocaust. Presenting an
astonishing amount of information, carefully evaluated and usefully
organized, The Warsaw Ghetto is not just a lasting guide to a great
Jewish city, it is a monument to contemporary Polish scholarship and a
moving memorial to the nearly half a million Jews who suffered in one
of the Nazis’ most grotesque creations. Michael R. Marrus

From: Emil Lazarian | Ararat NewsPress

Newsweek: Risky Diplomacy: Turkey’s FM discusses his country’s

Newsweek
Nov 28 2009

Risky Diplomacy
Turkey’s foreign minister discusses his country’s expanding role as a
regional power.

By Owen Matthews, Yenal Belgici, and Semin Gumusel | Newsweek Web Exclusive
Nov 28, 2009

Has the West really "lost" Turkey? With Ankara showing a new
cordiality to countries like Syria and Iran, foreign-policy analysts
are scrambling to assess whether Turkey has shrugged off Europe and
the United States in favor of its Muslim neighbors. Turkish Foreign
Minister Ahmet Davutoglu sat down with NEWSWEEK’s Owen Matthews, Yenal
Belgici, and Semin Gumusel in Ankara recently to discuss NATO, Iran,
Barack Obama, and the thinking behind Turkey’s new diplomacy.
Excerpts:

Matthews: Many of Turkey’s allies are wondering, after Prime Minister
Recep Tayyip Erdogan’s recent visit to Iran, whose side is Turkey on?
Davutoglu: In order to answer this question, you have to understand
the geography and the history of Turkey. We are a European country and
we are an Asian country. We have direct access to the Balkans, the
Caucasus, and the Middle East. So Turkish foreign policy has to be
multiregional, multidimensional. We are also part of European history.
But at the same time, the history of more than 20 [Middle Eastern and
Balkan] countries could be written only using Turkish archives. We
have more Bosnians in Turkey than in Bosnia itself, more Albanians
than in Albania, as well as Kurds and Arabs. Because of these historic
connections, all these countries have certain expectations from us.

Matthews: Yet during the Cold War you were unequivocally a U.S. ally.
The Cold War was a static international environment; you had only two
options’either [to be a] member of NATO or a member of the Warsaw
Pact. There was no third alternative. After the Cold War, a dynamic
situation emerged, and Turkey had to assume a foreign-policy role in
all [its neighboring] regions regardless of their ethnic or religious
background. But at the same time, Turkey’s most institutionalized
relationship remains its membership of NATO’this is Turkey’s strongest
tie. Similarly, the main objective of Turkish foreign policy is
integration with Europe. Our history is part of Europe’s, our culture
is part of Europe’s, and our process of modernization is parallel to
the developments in Europe. Our membership of NATO and the negotiation
process with the EU is the strategic priority of Turkey. But it
doesn’t mean that because of these strong ties we can ignore the
Middle East, we can ignore Asia, Central Asia, North Africa, or
Africa.

Matthews: Isn’t friendship with Iran mutually exclusive with
membership in NATO?
Our relations with Iran are not something new. The Turkish-Iranian
border has been stable for 370 years. We have been implementing a
policy of "zero problems with our neighbors," not just with Iran, but
also Iraq and Syria and also with non-Muslim countries such as
Georgia, Bulgaria, Greece, Russia, Romania, and with all of our other
neighbors. All our [regional] relations improved. Today Russia is our
biggest trade partner; our relationship with Greece and Georgia are
excellent. So it’s a consistent policy across the board. You can’t say
that Turkey is giving special priority to Iran. The question should
be: is having zero problems with our neighbors compatible with being a
candidate for the EU and a member of NATO? From our perspective, yes,
they are compatible. This is the whole philosophy of the EU itself,
which emerged through minimizing political problems with its
neighbors. Similarly, we want to have a zone of security and stability
around us. And this is exactly the European approach, based on
European philosophy and European values. If you study Germany’s
Ostpolitik [of détente with the Soviet bloc] in the 1960s, you can
understand Turkey’s Eastern politics in 2009.

Matthews: Turkey is now in a position of influence that it hasn’t had
in long time. Does that not mean that Turkey has emerged as one of the
winners of the Iraq War?
We would have the same foreign policy toward the Middle East even if
there had been no war in Iraq. Our foreign policy toward the Middle
East, the Caucasus, and the Balkans is not opportunistic but based on
firm principles. In order to have a new prosperous, stable, secure
Middle East, we have been implementing a proactive peace diplomacy.
That’s why we initiated direct Syrian-Israeli talks; that’s how we
were able to unite Sunni groups [in Iraq] and convince them to
participate in politics in 2005. We have been very active in Lebanese
politics to resolve disputes between Sunnis and Shias, and active in
Gaza trying to achieve a ceasefire. We have also been trying to
resolve issues regarding the Iranian nuclear program and signed
agreements with Armenia and moved forward in resolving the
Armenian-Azerbaijan dispute. During the Georgian crisis we initiated
the Caucasus Stability and Cooperation Platform, and we have mediated
in Bosnia-Herzegovina and Serbia.

Matthews: But the Iraq War created a power vacuum that you are now filling.
The same war in Iraq also created big risks for Turkey. This type of
international issue creates risks and advantages at the same time. How
this new context will be interpreted and be responded to depends on
the political will of a country. Turkey implemented a consistent
foreign policy; therefore, now we have excellent relations in the
region. But it is because of our foreign policy, not because of the
war in Iraq. We have been sincere, we have been active, and we did not
change our policy because of some very conjectural short-term
interests.

224704
From: Baghdasarian

http://www.newsweek.com/id/

Artur Baghdasaryan received Bogdan Klich

news.am, Armenia
Nov 28 2009

Artur Baghdasaryan received Bogdan Klich
16:49 / 11/28/2009

Nov. 28, 2009 RA National Security Council Secretary Artur
Baghdasaryan received Polish delegation headed by National Defense
Minister Bogdan Klich.

The officials discussed Armenian-Polish bilateral cooperation and made
a point of the necessity of military collaboration enhancement,
National Security Council Press Service informed NEWS.am.

Reforms conforming to European standards are implemented in different
fields in Armenia, Baghdasaryan outlined signifying the experience
exchange with Poland in Europe integration process, as well as Eastern
Partnership project. The sides also discussed regional security
issues, including Armenia-Turkey reconciliation and Karabakh peace
process.

Armenia does not want war: RA Parliament Speaker

news.am, Armenia
Nov 28 2009

Armenia does not want war: RA Parliament Speaker

17:20 / 11/28/2009Armenia neither wants to go to war nor fears it, RA
Parliament Speaker Hovik Abrahamyan stated at the 12th congress of
ruling Republican Party of Armenia (RPA).

He underlined that Azerbaijan has no legal and moral right over
Nagorno-Karabakh. Speaking about the RPA, Abrahamyan said that it is
an ambitious political force, which does not delight its opponents,
that do their utmost to harm the party. `However, I am confident they
would not succeed and we will realize our programs,’ stated Speaker.
He outlined that ruling coalition once established by RA President
Serzh Sargsyan is as consolidated as never before.

From: Emil Lazarian | Ararat NewsPress

Karabakh conflict settlement can be achieved: Mayilyan

news.am, Armenia
Nov 28 2009

Karabakh conflict settlement can be achieved: Mayilyan

15:54 / 11/28/2009`Ilham Aliyev’s warlike statements before the Munich
meeting are aimed at pressurizing Armenian side in some way and
blackmail international mediators on conflict settlement. Besides, the
meeting of Armenian and Azerbaijani Presidents was the first after of
Armenia-Turkey Protocols’ signing in Zurich. It is evident, that
relations’ normalization between Yerevan and Ankara incurs displeasure
in Azerbaijan’, stated NKR Foreign and Security Policy Council
Chairman Masis Mayilyan.

According to him, the circumstances under which the warlike statements
were made should also be considered. `The statement was made to
Azerbaijani displaced people, who will be settled in North Artsakh,
occupied by Azerbaijan’, noted Mayilyan.

Armenia should carry on negotiations and insist on restoration of its
full format, that is NKR representatives’ participation, Mayilyan
reckons.

Breakthrough in Karabakh talks can be achieved through the efforts by
international mediators like in case of Balkan and South Caucasian
conflict settlements. Last year we witnessed new tendencies and think
that philosophy adopted in conflict resolution is revised. I hope that
we can settle Karabakh conflict accounting new tendencies in
international policy. Currently, we make an attempt to be back to
status quo of 1988, which is unrealistic, and should not expect any
major impetuses in settlement taking into account such approaches,"
Mayilyan noted.

ARFD welcomes President’s words

news.am, Armenia
Nov 28 2009

ARFD welcomes President’s words

16:44 / 11/28/2009RA President Serzh Sargsyan’ statement at the 12th
congress of ruling Republican Party of Armenia (RPA) can be only
welcomed, ARF Dashnaktsutyun member Hrant Margaryan told the
journalists. He underlined that President’s words bring hope that
Armenia will be more prudent further, while exposing with Turkey.

Speaking at the RPA congress, Sargsyan said that `Armenia is
consistent in its stance on relations’ establishment with Turkey,
which does not imply oblivion of Genocide issue.’ RA president pointed
out that the Protocols should be ratified within a reasonable time,
`their protraction by Turkey leads to Armenia’s accurate response in
accordance with norms of international law.’

Armenia will outface any encroachment on Karabakh: RA President

news.am, Armenia
Nov 28 2009

Armenia will outface any encroachment on Karabakh: RA President

15:21 / 11/28/2009`Armenia backs NKR conflict peaceful settlement
through negotiations, however Armenia will outface any encroachment on
Karabakh,’ RA President Serzh Sargsyan stated at RPA Nov. 28 congress,
NEWS.am reports.

South Ossetian events showed how unstable peace in the region is and
proved the necessity of expeditious settlement of conflicts. `Karabakh
conflict is a complex issue and cannot be solved in short time.
However the current developments allow asserting that conflict
resolution will be achieved within a reasonable time,’ Sargsyan
outlined, adding that conflicts are always settled based on reciprocal
concessions.

Meanwhile, according to RA President, NKR issue should be settled
based on expression of Karabakhi people will, as only in this case
peaceful and lasting conflict resolution is possible. `The conflict
settlement should be presented in single package stipulating all
mechanisms for tackling all problems,’ he concluded.

Republican Party of Armenia (RPA) forms a majority in Armenian
coalition. RA President Serzh Sargsyan (Chairman of the party), NA
Speaker Hovik Abrahamyan and Premier Tigran Sargsyan are RPA members.

Nabucco project is not linked with reconciliation: Turkish FM

news.am, Armenia
Nov 28 2009

Nabucco project is not linked with reconciliation: Turkish FM

15:41 / 11/28/2009Turkish FM Ahmet Davutoglu said that Nabucco project
is not linked with Armenia-Turkey reconciliation, Turkish gercekgun
website reports.

Asked by Turkish parliamentarian Janan Aritman known for her scandal
behavior about the linkage between Nabucco project and Armenia-Turkey
rapprochement, Davutoglu replied that Turkey initiated reconciliation,
however the process is still underway due to various reasons.

`August 2008 war in Northern Caucasus once again proved that situation
in the region is quite unsafe for security, stability and cooperation.
We set forth Caucasus Stability and Cooperation Platform and called
all conflicting parties, including Armenia to join it. We entered into
dialogue with Armenia, which accelerated in course of time.
Armenia-Turkey Protocols do not damage Azerbaijani interests.
Azerbaijani territorial integrity is as saint for us as the one of our
state. The Protocols contribute to Armenia-Turkey rapprochement and
will open the gate to Azerbaijani territorial integrity. The Protocols
were introduced to the Parliament and it is its prerogative when to
ratify them,’ Davutoglu stated.

Asked whether Nabucco project will be suspended with Armenia-Turkey
border opening, Davutoglu noted that Nabucco is in no way conditioned
by reconciliation.

Serzh Sargsyan: Armenia not behind curtain any longer

news.am, Armenia
Nov 28 2009

Serzh Sargsyan: Armenia not behind curtain any longer

15:53 / 11/28/2009Armenia is not behind the curtain any longer, and
the international community has focused its attention on the Armenian
people, RA President and Chairman of the Republican Party of Armenia
(RPA) Serzh Sargsyan stated at the RPA’s 12th congress opened today.
`At present Armenia is not a small boat rocking in the waves of
international developments. Rather it is an independent entity
following its way, and it is not all that we wish for,’ the President
said. Serzh Sargsyan added that Armenia has a sufficient potential for
progress.

Speaking of the events that followed last year’s presidential
election, the Armenian said that Armenia would have been able to
oppose the subversive plot if it had had full-fledged mass media,
public and political institutions, strong civil society and highly
professional law-enforcement agencies. `Underdeveloped public and
political institutions, civil society and mass media provoke anger and
destabilize the situation in the country. To prevent recurrences, we
must make a tight fist,’ the President said.

Speaking of the RPA, he stressed that the party has a potential for
playing a leading role in implementing reforms in Armenia. `The RPA is
not taking any steps that run counter to its own programs, honoring
its pledges despite all the problems. The RPA is not changing its
positions every moment, which is standard practice on the political
scene. Our `yes’ is yes and our `no’ is no, and out partners can rely
on us. We are able to listen and accept proposals, we are flexible and
firm,’ stated Serzh Sargsyan. He stressed it is times for reforms
within the party, which will have its impact on society.

`The party’s democratization leads to that of the society. The RPA is
not a one-leader party. It is not Serzh Sargsyan’s party. Serzh
Sargsyan is just a member of this party,’ the President said. He
stressed that the RPA must turn into a public and political leader. He
stated that the party first discusses the most important problems,
which is the most serious test for them. `This concerns the
Armenian-Turkish protocols as well,’ the President said. Serzh
Sargsyan stressed that the RPA does not violate the principle of
plurality of opinions, which is often practiced by other political
forces. `This means that, being in power, the RPA will never pressure
its political opponents,’ stated President Serzh Sargsyan