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VANDERBURGH COUNTY FELONY CHARGES

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Vanderburgh_County_in_seal

Evansville, IN – Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Friday, February 13, 2013.

Bradley Atikinson Possession of Schedule II Controlled Substance-Class D Felony
Possession of Paraphernalia-Class A Misdemeanors (Two Counts)
(Enhanced to a Class D Felony due to Prior Convictions)

Austin Brack Unlawful Possession or Use of a Legend Drug-Class D Felony
Possession of Marijuana-Class A Misdemeanor

Ryan Carithers Dealing in Marijuana-Class D Felony
Possession of Marijuana-Class D Felony
Maintaining a Common Nuisance-Class D Felony
Possession of Paraphernalia-Class A Misdemeanor

Benjamin Crowe Residential Entry-Class D Felony
Battery Resulting in Bodily Injury-Class A Misdemeanor
Criminal Mischief-Class B Misdemeanor

Joshua Dickman Operating a Vehicle with an Ace of .08 or More-Class C Misdemeanor
(Enhanced to a Class D Felony due to Prior Convictions)
Operating a Vehicle While Intoxicated-Class C Misdemeanor
(Enhanced to a Class D Felony due to Prior Convictions)

Natalia Fulkerson Theft-Class D Felony
Unlawful Possession or Use of a Legend Drug-Class D Felony
Battery Resulting in Bodily Injury-Class D Felony
Resisting Law Enforcement-Class A Misdemeanor
Possession of Paraphernalia-Class A Misdemeanor
False Informing-Class B Misdemeanor

Greg Hatch Possession of Methamphetamine-Class D Felony
(Habitual Substance Offender Enhancement)

Zachariah Houghland Possession of Marijuana-Class A Misdemeanor
(Enhanced to a Class D Felony due to Prior Convictions)

Jerry McGill Possession of Methamphetamine-Class D Felony
Possession of Paraphernalia-Class A Misdemeanor

Virginia Meriwether Possession of Schedule V Controlled Substance-Class D Felony
Possession of Marijuana-Class A Misdemeanor
(Enhanced to a Class D Felony due to Prior Convictions)
Possession of Paraphernalia-Class A Misdemeanor

Kevin Milligan Battery by Body Waste-Class D Felony
Resisting Law Enforcement-Class A Misdemeanor
Public Intoxication-Class B Misdemeanor

Willie Moore Battery Resulting in Bodily Injury-Class A Misdemeanor
(Enhanced to a Class D Felony due to Prior Convictions)

Joseph Wenk Possession of Methamphetamine-Class D Felony
Possession of Schedule III Controlled Substance-Class D Felony
Possession of Marijuana-Class A Misdemeanor

John Carter Burglary-Class B Felony
Theft-Class D Felony
Residential Entry-Class D Felony
Resisting Law Enforcement-Class A Misdemeanor

Bryan Cooper Battery by Means of a Deadly Weapon-Class C Felony (Two Counts)
Intimidation-Class C Felony

Ryan Hebner Theft-Class D Felony

Amanda Messex Battery Resulting in Bodily Injury-Class D Felony
Neglect of Dependant-Class D Felony

Willie Steverson Resisting Law Enforcement-Class D Felony
Resisting Law Enforcement-Class A Misdemeanor

For further information on the cases listed above, or any pending case, please contact Regene Newman at 812.435.5156 or via e-mail at rinewman@vanderburghgov.org

Under Indiana law, all criminal defendants are considered to be innocent until proven guilty by a court of law.

SENTENCE CHART

Class Range
Murder 45-65 Years
Class A Felony 20-50 Years
Class B Felony 6-20 Years
Class C Felony 2-8 Years
Class D Felony ½ – 3 Years
Class A Misdemeanor 0-1 Year
Class B Misdemeanor 0-180 Days
Class C Misdemeanor 0-60 Days

Evansville Mayor Lloyd Winnecke Appointed to IACT Board of Directors

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lloyd winnecke
Indianapolis – The Indiana Association of Cities and Towns (IACT) announced today that Evansville Mayor Lloyd Winnecke was recently appointed to the IACT Board of Directors.
“I am very excited about Mayor Winnecke joining our Board of Directors. He is a take-charge mayor who has great enthusiasm for making municipal government work at its best,” said IACT Executive Director Matt Greller.
Winnecke’s term begins immediately and expires December 31, 2014. He fills a board vacancy left by Terre Haute Mayor Duke Bennett who was recently appointed to serve as IACT’s Second Vice President.
“Being asked by my peers to serve in this capacity is a real honor,” said Winnecke. IACT is the unified voice advocating for the needs of Indiana’s cities and towns. As a member of the Board I will do my part to advance IACT’s priorities, including something I am equally passionate about, curbing the production of methamphetamine. Making the citizens of Evansville and every Hoosier community safer is a priority for me and local officials all around the state.”
“Whether it’s working with lawmakers to improve the climate for municipal government or bringing different constituencies together for a common goal, Mayor Winnecke will have a meaningful impact on our Association,” said Greller.

The Indiana Association of Cities and Towns (IACT) is a coalition of municipal officials who seek to improve the quality of life in Indiana through effective government, and is a member of the National League of Cities. Founded in 1891, IACT is one of the oldest state municipal organizations in the country, with 470 cities and towns as members. IACT advocates for municipalities as the official voice of municipal government in Indiana, and promotes good government through education, training and leadership.

Sweeten your Valentine’s Day by signing up for Do Not Call list

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Greg Zoeller

INDIANAPOLIS – Hoosiers who love their telephone privacy have until the next quarterly deadline of Feb. 19 to register their number with the state’s Do-Not-Call list.

Attorney General Greg Zoeller said consumers can register their residential landline, cell, VOIP or prepaid wireless numbers and the updated list will take effect April 1.

“The Do-Not-Call registry provides consumers with one more tool to block annoying telemarketing calls and text messages,” Zoeller said. “It’s important to remember that if your number is on the list and you receive a sales call or text message it’s likely a scam. You can then file a complaint with the Attorney General’s office which will investigate and work to get the violators stopped.”

Indiana’s Do-Not-Call registry is updated quarterly on the first of each January, April, July and October. Out-of-state area codes can also be added as long as the billing address is located in Indiana.

People do not need to re-register unless their addresses have changed. To sign up or to confirm a number is already on the registry, visit www.IndianaConsumer.com or call 1.888.834.9969.

Since Indiana’s Do-Not-Call law went into effect Jan. 1, 2002, the Attorney General’s Office has obtained 302 settlements with or judgments against telemarketers resulting in awards of penalties and costs totaling more than $15.8 million.

For information about the Attorney General’s action plan regarding Do-Not-Call violators and robocalls visit http://www.in.gov/attorneygeneral/2976.htm.

Consumers can also sign-up for the national Do-Not-Call list by visiting www.donotcall.gov or by calling 888.382.1222 from the phone you wish to register. Zoeller said the federal Do-Not-Call law is not as strict as Indiana’s law, but registering can afford consumers further protection from unwanted calls or text messages.

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VANDERBURGH COUNTY FELONY CHARGES

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Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Friday, February 12, 2013.

Tyler Barton Battery Resulting in Serious Bodily Injury-Class C Felony
Strangulation-Class D Felony
Battery Resulting in Bodily Injury-Class A Misdemeanor

Michael Busing Dealing in Marijuana-Class D Felony
Possession of Marijuana-Class D Felony
Maintaining a Common Nuisance-Class D Felony

Godfrey Egwu Jr Possession of Methamphetamine-Class D Felony
Receiving Stolen Property-Class D Felony
(Habitual Substance Offender Enhancement)

Andrew Fry Dealing in Marijuana-Class D Felony
Maintaining a Common Nuisance-Class D Felony

Kevin Greene Theft-Class D Felony

Jayvontae Schwartz Dealing in Marijuana-Class D Felony
Possession of Paraphernalia-Class A Misdemeanor

Floyd Stephens Jr Intimidation-Class D Felony
Attempted Theft-Class D Felony
Public Intoxication-Class B Misdemeanor
(Habitual Offender Enhancement)

Cody Short Possession of a Controlled Substance-Class D Felony
False Informing-Class B Misdemeanor

Michael Sittnick Theft-Class D Felony

Brandon Toliver Residential Entry-Class D Felony
Criminal Mischief-Class A Misdemeanor

Darlene Wedding Operating a Vehicle as an Habitual Traffic Violator-Class D Felony

For further information on the cases listed above, or any pending case, please contact Regene Newman at 812.435.5156 or via e-mail at rinewman@vanderburghgov.org

Under Indiana law, all criminal defendants are considered to be innocent until proven guilty by a court of law.

SENTENCE CHART

Class Range
Murder 45-65 Years
Class A Felony 20-50 Years
Class B Felony 6-20 Years
Class C Felony 2-8 Years
Class D Felony ½ – 3 Years
Class A Misdemeanor 0-1 Year
Class B Misdemeanor 0-180 Days
Class C Misdemeanor 0-60 Days

AG Zoeller: CVS to pay $400K to resolve illegal billings to Medicaid

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Greg Zoeller

Attorney General’s Office investigation results in new pharmacy policy

INDIANAPOLIS – Indiana Attorney General Greg Zoeller’s office has recovered $400,000 for the state’s Medicaid program in a settlement with CVS Stores that resolves allegations CVS pharmacies submitted illegal billings for prescriptions to Medicaid for reimbursement.

Under the out-of-court settlement, Hook-SupeRx, also known as CVS Stores, agreed to pay the state $400,000 and agreed to inform its pharmacists and pharmacy technicians of their obligations required under the Medicaid’s Restricted Card Program or RCP.

“Prescription drug abuse by addicted patients is an epidemic problem in our state so it’s important that pharmacies comply with existing laws for responsible dispensing and billing. Those who submit false billings to the Medicaid program and are paid more than they are due will ultimately be required to repay the State of Indiana,” Zoeller said.

Through the Restricted Card Program, Medicaid patients whose drug usage indicates abuse are given limited access to prescriptions and only certain physicians are permitted to prescribe medications for them. Under the RCP, pharmacies typically will not receive reimbursement from Medicaid if a designated physician has not ordered the prescription for an RCP patient.

The Attorney General’s Medicaid Fraud Control Unit investigated allegations that certain CVS pharmacy stores circumvented the Restricted Card Program by filling prescriptions not written by RCP-designated physicians and submitting claims to Medicaid that falsely identified the prescribing doctors as being designated so that Medicaid would pay for the drugs. Claims submitted by various CVS pharmacies in Indiana were reviewed by MFCU for possible civil violations of the False Claim Act and other state laws. The settlement agreement encompasses claims CVS submitted from January 2001 to the present.

The $400,000 settlement announced this week resolves the allegations without CVS admitting liability and allows the state to recoup its ineligible reimbursement costs and investigation costs. CVS must institute a written policy program for its store pharmacists and pharmacy technicians to become compliant with the Restricted Card Program, now called the Right Choices Program.

Zoeller chairs the state’s Prescription Drug Abuse Task Force that has reviewed various issues regarding drug-seeking patients obtaining addictive prescription drugs to abuse or re-sell. Legislation recommended by the task force to create tighter oversight of pain-management clinics that prescribe drugs, Senate Bill 246, is currently pending before the Indiana General Assembly.

The Attorney General’s Medicaid Fraud Control Unit (MFCU) investigates ineligible claims submitted to the Medicaid program for reimbursement and takes legal action to recover funds. The public can report suspected Medicaid fraud or patient abuse or neglect by calling MFCU toll-free at 1-800-382-1039.

Bosse Principal Receives Excellence in Education Award

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Sheila Huff, principal at Bosse High School, was notified recently that she is the recipient of this year’s Indiana Excellence in Education Award from AdvancED, the world’s largest education community and global leader of school accreditation and improvement. The award is presented in each state to one individual who has demonstrated unparalleled leadership in promoting and advancing excellence in education.

Huff, a 37-year veteran of the EVSC, is not aware of who nominated her for the award, but according to AdvanceED, the nomination letter states: “Mrs. Huff implements school reforms which provide an enhanced learning climate and culture for a professional community of teachers to exhibit their best through professional development and collaboration. This process creates a vital, hospitable learning culture which is instrumental to the learning process and fosters leadership in others as well. Once again, students reap the rewards of a quality education.”

Huff, who also serves on the AdvancED Indiana State Council, will be honored at the AdvancED fall conference on Oct. 7, in Indianapolis.

AdvancED is the world’s largest education community, serving more than 30,000 public and private schools and districts across the United States and in more than 70 countries that educate over 16 million students. AdvancED brings together more than 100 years of experience and the expertise of three US-based accreditation agencies — the North Central Association Commission on Accreditation and School Improvement (NCA CASI), Northwest Accreditation Commission (NWAC), and the Southern Association of Colleges and Schools Council on Accreditation and School Improvement (SACS CASI).

IS IT TRUE February 14, 2013

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The Mole #??
The Mole #??

IS IT TRUE that the Indiana University Medical School is, indeed, coming to Southwestern Indiana?…the study indicates that downtown Evansville is most desirable, but, stop the presses, isn’t there a phase two study not yet begun?…the phase two study is to be completed by November of this year?…that four square blocks of downtown real estate is necessary after the cost of demolition and Indiana University will NOT pay for the site ready land and why should they because USI has all the land necessary without cost?…the legislature will be addressing this issue in the 2014 General Assembly and will only appropriate one half of the cost?…considering the city was going to select D-Patrick’s one square block for a bargain price tag between 9-11 million dollars excluding the cost of demolition, it would NOT be unreasonable to assume the cost of site-readiness could be at least 20 million dollars including demolition expenses?…that Indiana University pays NO property taxes, and that this would have an adverse effect on the downtown TIF?…and over one third of the TIF pays for the Ford Center and perhaps the downtown Hotel needs to be deferred until the completion of any Medical school facility?… if the City has to come up with the one half [10 million dollars] and they have comment to 20 million or more for the hotel, the Winnecke Administration could end up with a Hotel hanging on by a thread and miss the opportunity to have a school which will employ highly paid individuals?… that the study suggest going to Warrick County if the downtown option is not feasible or affordable? …that in Grand Rapids, MI, the downtown medical school has created economic dividend to their downtown and has facilitated the development of hotels in the downtown area without public resources in the mix?…a convention hotel was built in Bloomington, IN, but, if it wasn’t for Indiana University, the hotel would have failed?

IS IT TRUE that the saga of the anonymous caller with a vendetta against David Garrett took an interesting turn yesterday when it was revealed that Scott Danks has been retained by Mr. Garrett to represent him in seeking to restore his reputation that someone or some team clearly tried to tarnish to keep whatever he has discovered about the City of Evansville’s finances from seeing the light of day?…those of us that know Scott Danks also know that he will tirelessly pursue the relief that Mr. Garrett has hired him to secure?…the last person or people or even company that any of us here at the CCO would want to be right now is whomever placed that call or was a part of any action that has defamed the excellent business analyst reputation of Mr. David Garrett?…this will be most interesting to watch unfold as some ratting out is already starting to happen?…tensions are so high among the membership of the Evansville City Council that allegations of nasty name calling are abundant?…we are pleased to report that the Mole Nation has not come forth with the name of Councilman Al Lindsey or with that powerful substance called alcohol as being involved in the alleged name calling?

IS IT TRUE that counter to what is coming out of the Office of the Evansville Controller inside sources tell the CCO that the MIPS software conversion is still not working flawlessly over at the Department of Water and Sewer?…the truth should be coming out very soon as another state audit report is supposed to be coming out?…we sure do hope the saga of the blown software installation ends soon or the computers that it was installed on will become obsolete and we will have to start all over again with new hardware?…in a world where the useful life of a computer is 3 years any company or municipality that can’t install a program in less than a couple of months is going to find itself back in the horse and buggy days without a whip?…such places may have to balance their books by hand?…that is where the City of Evansville has been for over two years now?…we have it on good authority that it is just a case of Montezuma’s revenge that the City came down with while trying to convert to the Aztec calendar?

Danks to Represent David Garrett, Demands Identity Of Anonymous Caller‏

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Scott Danks

Attorney Scott Danks has sent a letter the the Indiana Board of Accounts demanding the details surrounding the anonymous call that erupted into an article in the Evansville Courier and Press regarding the credentials of Mr. David Garrett for the performance of a financial analysis for the Evansville City Council. In the letter, Danks cites the disclosures already reported to have been made by the Board of Accounts to have waived the customary confidentiality that is typically kept when individual professional reputations are potentially compromised.

Below is the letter without comment, edit, or bias.

February 13, 2013

Brian Cusimano
Compliance Director
Indiana Board of Accountancy
402 West Washington St., Room W072
Indianapolis, IN 46204

RE: David W. Garrett

Dear Mr. Cusimano:

Thank you for your letter of February 11, 2013 concerning Mr. David W. Garrett. As Mr. Garrett’s attorney, I am again demanding that you supply me with the nature of the “complaint” made against Mr. Garrett, the date of the “complaint” and the identity of the individual who made the “complaint.” This information is, of course, necessary for Mr. Garrett to respond to any allegations made against him.

In your refusal to provide said information, you cite Indiana Code § 25-2.1-9-2(c) which states “the report of the investigating officer, the complaint, if any, the testimony and documents submitted in support of the complaint or gathered in the investigation, and the fact of the pendency of the investigation are confidential information…” You were quoted in a front page news article in Evansville Courier & Press on February 8, 2013 stating “other people held him out as” a Certified Public Accountant and “we’re still investigating it right now, so I can’t say one way or the other” whether Garrett claimed to be an active CPA.

The newspaper report also indicates that based upon the reporter’s conversation with you that “an Evansville City Councilman misrepresented the professional credentials of a friend while urging fellow council members to hire him as an outside auditor, according to a complaint now under investigation by State officials.”

There is a very good reason for the statute. False, unfounded and malicious allegations should not be made public unless they are found, after an investigation, to be true. Otherwise, as in Mr. Garrett’s case, a person wrongfully accused can be defamed.

It is our position that any confidentiality has been waived by the Indiana Board of Accountancy due to your violation of the statute by giving statements to the news media confirming that a “complaint” had been filed and the nature of the allegation.

Your continued refusal to supply the requested information will result in Mr. Garrett seeking judicial remedies in this matter.

Your prompt response to this letter would be very much appreciated.

Very truly yours,
DANKS & DANKS

Libertarian Response to the State of the Union Address

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Libertarian Logo
In his State of the Union address, President Barack Obama proposes policies that make things worse for the economy and worse for Americans:

•Higher government spending,
•More dangerously-high government. debt,
•Continued meddling in needless, costly foreign conflicts,
•More rules and regulations,
•Higher taxes,
•And more assaults on our freedom.

Despite whatever response Republican politicians serve up, their proposals — and their votes — do the same thing: Preserve and grow Big Government.

The Republicans say they want “limited government.” Limited to what? A $3.8 trillion federal budget? A nearly $5 trillion budget?

Look at the Republican budget plan crafted by Congressman Ryan. That’s what Democrats and Republicans are planning to raise spending to over the next 10 years. “Limited?”

Democratic and Republican politicians are planning to raise the debt from today’s $16-and-a-half TRILLION — to over $20 Trillion dollars. “Limited?”

How high does government spending and debt have to be before Democratic and Republican politicians say it’s too much? Will they spend until the economy literally collapses — while workers struggle year after year to find decent jobs?

While retirees are trapped in poverty? And the middle class disappears?

When politicians talk about “limited government,” it’s their way of covering up the fact that they refuse to cut government spending — and that they continually raise spending.

The Libertarian Party says: Stop over-spending. Stop borrowing. NEVER raise the debt ceiling. Balance the budget — not in 10 years. NOW. Just like families and businesses must do every day.

Then keep cutting — until we have a small, constitutional government that is truly limited to protecting our lives, liberty and property — and no more.

Less money for politicians — and more in the productive, private sector — is good for the economy. American workers and taxpayers will have more jobs, higher take-home pay and more savings.

Big Government Democrats and Republicans will try to scare you into believing they’d have to cut essential services. That’s a lie. They’re spending double what Democratic President Bill Clinton spent in the year 2000.

They claim that if they cut spending we’ll have fewer jobs. Another lie. Cutting government spending will create jobs. For every government worker who may get laid off, it will create TWO jobs in the private sector. Cutting government spending will result in a huge net jobs gain. Plenty of jobs for everyone who’s willing to work.

Big Government Democrats and Republicans will keep spending recklessly, raising your taxes, assaulting your liberties and raising government debt — as long as you let them get away with it.

What can you do to stop them?

What you say or write has no effect on the behavior of Big Government politicians.

But how you vote does.

The greatest power you have to stop Big Government — is your vote.

When you sit out the vote, or worse, when you vote for Big Government Democrats or Republicans, it empowers and emboldens them. What do you get? More Big Government.

When you vote small government, you’re changing the game. When you vote for small-government-Libertarian candidates, you’re throwing down the gauntlet. You’re demanding a stop to high taxes, bailouts and obscene government debt. You make small government, low taxes, low government spending, more jobs, and more freedom possible.

Remember when Ma Bell was the only game in town for telephones and telephone service? Cell phone technology had already been invented, yet we were stuck for decades with big, clunky rotary-dialed phones.

When we took away Ma Bell’s government-granted monopoly, we got portable phones, cell phones, smart phones, mobile tablets, and hundreds of new features. Real competition breeds progress.

Democrats and Republicans want a monopoly on elections, just like Ma Bell. They want you to believe your only choice is a Democrat or a Republican who will deliver clunky, wasteful, high-tax, high-debt, war-waging, freedom-fading, job-killing Big Government.

But you have a choice. You can vote Libertarian.

Libertarians say: Stop overspending. End phony stimulus bailouts. Eliminate hundreds of agencies and departments that do more harm than good. Downsize Big Government — now.

Libertarians say: Remove thousands of useless government regulations, so businesses can compete and thrive in a global economy — and create new jobs.

Libertarians say: Federal government central planning of education gives us higher costs, red tape and worse outcomes. We must end government central planning and return control of schools to parents, teachers and local communities.

Libertarians say: Repeal the failed and deadly War on Drugs. Leave people free — so long as they harm no one else. Restore our freedoms while dramatically reducing crime.

Libertarians say: Don’t just oppose the ridiculous anti-gun measures that Obama’s proposing — that Republicans are caving into. Repeal all life-endangering laws on the books that that disarm peaceful, law-abiding citizens so they’re free to stop and prevent violent crime and horrific shooting sprees. That’s how we’ll make our streets and our schools safe.

Libertarians say: Repeal and defund Obamacare — now. And, with it, get rid of a boatload of government agencies, laws and regulations that serve to enrich special interests — while driving Americans to bankruptcy. Get government out of the way so health care and medical insurance serve the needs of customers and deliver high-quality care at a fraction of today’s prices and premiums.

Libertarians say: Stop handing out subsidies to foreign dictators. Stop engaging in foreign wars. Ground the 3,000 drones that are flying around spying on Americans. Bring our troops home — out of harm’s way. Cut military spending, and promote peace.

Libertarians say: Cut taxes now. Permanently. Big, bold tax cuts that take money out of the hands of politicians and return it to the men and women who earned it.

The state of the union today is: We’re in trouble. Our economy, our freedoms and our safety are at risk because government is way, way too Big.

Big Government Democrats and Republicans made it this way. We must stop them from growing Big Government more, turn it around, and make it small.

The Libertarian Party and our candidates are working for much smaller government, low taxes, no more debt, peace — and freedom.

Is that what you want?

It’s possible — but only IF you stop voting for Big Government Democrats and Republicans.

And only IF you vote for small government.

The Libertarian Party is the only political party in American that is dedicated to boldly and immediately shrinking Big Government — making it small.

Over 15 million, 750 thousand votes were cast for Libertarian candidates in 2012 — the highest ever.

We’re growing. And we need to grow more. We need your help. Are you ready to act? To take back this country?