Archive for the ‘Legal’ Category

Mortgage Modification Companies Sued by Attorney General

Wednesday, December 16th, 2009

Cited: Real Estate Rama

home-1A national crackdown against foreclosure rescue and mortgage modification operations by the Federal Trade Commission, the US Department of Justice and the Attorney General’s of 26 other contraries was joined by Attorney General Janet Mills last month. Many companies have been preying on people who are desperate to keep their homes out a foreclosure.


The Maine Attorney General has filed three separate lawsuits in Kennebec County Superior Court against three out-of-state businesses and their principals. The defendants are: Elect Group, LLC, Anthony Ferlanti and Emmanuele Zuccarelli (Florida); Help Modify Now Debt Solutions, Inc., Help Modify Now, Inc. and Chas Bain (California and Nevada); and US Advocate Law Group, P.C. and Jeff Nemerofsky (California). These lawsuits allege that the defendants used deceptive and unfair practices in marketing so-called “debt settlement” services, in the form of foreclosure rescues and mortgage modifications, and that they failed to register as debt management services under Maine law. The suits seek the recovery of fees paid by Maine consumers to these defendants, as well as civil penalties and costs.


“A person’s home is not just their largest financial asset; it is the bedrock of their family, their anchor in the community, their children’s future and their legacy. These foreclosure rescue schemes take advantage of people threatened with foreclosure by demanding large upfront fees and doing little or nothing in return,” said Attorney General Mills.


“I am pleased to join a national effort to protect homeowners from unfair and deceptive practices. Maine homeowners need to know that there is legitimate help for those concerned about foreclosure. I encourage Maine consumers to talk to Maine registered non-profit counselors and to avoid paying fees to any entity without checking the state’s registry. Many times a homeowner can negotiate on their own without paying any fees to a debt management company. The money spent on these ‘debt solution’ services is better spent on paying down debt and negotiating with banks and other creditors,” Mills stated.


The three lawsuits follow investigations conducted by staff in the Attorney General’s Office and at the Bureau of Consumer Credit Protection within Maine’s Department of Professional and Financial Regulation, which licenses debt management service providers.


The defendants allegedly charged Maine consumers more for their debt settlement services than allowed for by Maine law. The State alleges that the defendants’ illegally high upfront charges ranged from $1,000.00 to $4,300.00. Maine law prohibits debt management service providers from charging more than a $75 set-up fee and for charging more than 15% of the amount by which the consumer’s debt is reduced as part of each settlement. The State also alleges that the defendants misrepresented the benefits of their programs to consumers and refused to provide refunds when consumers asked for them after the defendants failed to prevent foreclosure. As a result, many Maine consumers found themselves in more dire financial straits than they were before they engaged the defendants.


Maine’s Debt Management Services Act requires that providers of debt management services register with the Superintendent of the Bureau of Consumer Credit Protection and obtain a $50,000 surety bond for the protection of consumers. The defendants named in the recent lawsuits have never registered nor have they procured the required surety bond.


Superintendent Will Lund of the Bureau of Consumer Credit Protection stated that his agency has filed Cease & Desist Orders against 19 separate unlicensed debt management providers in the past 6 months, and that his staff has recovered more than $25,000 in restitution for Maine consumers during that time.


Lund cautions consumers who are considering hiring a debt management provider to review the roster of registered companies found on the agency’s website, www.Credit.Maine.gov, or to contact the Bureau at 1-800-332-8529 (1-800-DEBT-LAW) to make sure that the provider is properly registered.


“We hear every week from consumers who have found unlicensed companies on the Internet and who have sent funds to those companies without receiving any benefit,” Superintendent Lund commented. “We will continue to work with the Attorney General and other partners to stop violations of laws and to protect the public,” he said.


Homeowners are facing foreclosure should know they have a right to mediate with their lenders during the court proceedings and AG Mills and Superintendent Lund advise them to do so. Mediation is nothing more than an informal opportunity to resolve a foreclosure problem under the guidance of a court-approved mediator and homeowners should not hesitate to ask for it if they need it.


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My Take: The government should have known that when foreclosures began this type of situation would eventually arise. Homeowners should contact an attorney if they think they have a problem like this. An attorney can provide litigation support services CA, Chicago or New York as well as advice. In fact, during the mediation process a New York, Portland or Los Angeles court reporter will be present to keep track of what is said and agreed to.


The worst thing that has happened because of all the foreclosures is a rising divorce rates. The stress and frustration of losing a home has caused many people to contact the New Jersey divorce attorney or even a divorce lawyer. Then, of course, if they have children they probably need a NY visitation lawyer or they just contact family lawyers.


I think it is such a shame that companies take advantage of these families just to make an extra buck. It is bad enough that so many of them lose their homes and their families because of this recession. Even the great state of Texas is not immune. Texas divorce lawyers are making a mint off of the stress and frustration the recession is causing. Maybe Austin personal injury lawyers could sue the companies because their actions caused personal injury of a nonphysical manner. That would be funny!

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$10 Cash Back Scams Exposed by Senators

Wednesday, December 16th, 2009

Cited: Associated Press

internet-scam-1As Cyber Monday comes and goes, the unofficial start of the Internet holiday shopping season begins, a Senate committee on November 23 condemned three online companies for tricking consumers into signing for services they do not really want. The Internet companies spoke of our Affinion, Vertrue and Webloyalty. There aggressive sales tactics apparently are scam millions of customers according to the Senate Commerce Committee. The report also stated that the three companies enter into agreements with other more familiar Internet shopping sites that sell movie tickets, flowers and other items.


Just before a customer completes the sales confirmation process the customer gets an offer that often promises $10 cash back or other rewards, and appears to be connected to the shopper’s original transaction.

When the shopper clicks “continue,” or “yes,” the shopper — often without knowing — enters into a new financial contract with a membership club operated by Affinion, Vertrue or Webloyalty, the report said. The shopper’s credit card information is sent to the membership club company, which charges monthly fees, by the shopping site the shopper originally visited.


Legal, but not right, senator says “Beware if you’re a consumer,” said the committee’s chairman, Sen. Jay Rockefeller, D-W.Va. “I worry about this because the holiday shopping season is just beginning.” He added that while the companies insist they are not breaking any laws, “just because what you say you do is legal doesn’t make it right.”


While the day after Thanksgiving is known as Black Friday, historically the point when retailers start to turn a profit, the following Monday has become known as Cyber Monday because it’s the day when many shoppers begin trolling the Internet for bargains from computers at work or home.


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The three Internet companies said in statements that they have put additional safeguards into effect, including clearer disclosure statements and new requirements that customers must enter the last four digits of their credit card number to formalize the subscription purchase.

“We only want members in our programs who want to be members so they can take advantage of the opportunity to save hundreds of dollars a year, and even a few complaints is too many,” Webloyalty said in an e-mail statement.


Consumers testify


Consumers, however, had their own stories to tell. Linda Lindquist of Sussex, Wis., told the committee that she went online to buy movie tickets and clicked on a coupon that said “Get $10 off your next purchase.” She said she thought it was a legitimate offer from the movietickets.com Web site she had just bought the movie passes from.


A few months later, she said, she realized she had been billed more than $300 for “Reservation Rewards” and “Shoppers Discounts” — two subscription services she didn’t knowingly sign up for. She complained, and was later told by movietickets.com that she would get a full refund.

“I am a college-educated person who is online every day,” she told the committee. “I have seen many scams and offers on the Internet and have only been lured in by one, this one, due to the fact that the scam was associated with a reputable Web site and required just one click.”


The investigation began in May by the committee that investigated the use of aggressive sales tactics over the Internet. The report also stated that over 450 e-commerce companies have been partnering with these same three companies for the past 10 years.


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My Take: I know exactly what this is about. Many times I have purchased something over the Internet and after I have completed the purchase the receipt appears on a webpage. Right below the total is a button that says “continue”. Right above it, it says “to get $10 back in cash click here”. I only did that once. A few days later I was on the phone arguing that I did not want what was charged on my credit card,. I won!


The problem is that in the process of purchasing something on the Internet, you have to confirm your order and then the receipt appears with this “continue” giving the impression that to finish your order you need to click on the word “continue”. It makes no difference what you are purchasing, whether it is office supplies or toys.


I could understand it more if you are purchasing thousands of dollars in office workstations being offered $10 back to another offer. But duping people when they purchase $10 or $15 worth of merchandise is a little bit ridiculous.


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Treasure for Christmas


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Debt Harassment

As a consumer, you have rights! One of those rights is not to be harassed over a debt you owe or may have fallen behind on. If you believe that you are being harassed for debt, then you need to contact one of the consumer rights lawyers who can help you. You may be able to sue the collector because of the harassment. The nice thing of this is it will not cost you anything! The collector will pay the collection harassment lawyers that work for you. Another fact is that collectors have to follow guidelines when dealing with consumers.

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Spam Godfather Goes to Prison

Tuesday, December 8th, 2009

Cited: CNNMoney.com

alan-ralskyA 51 months prison sentence has been imposed on a man who claims to be the “Godfather of Spam” by a federal judge in Detroit. He had the lead role in an e-mail stock scam scheme according to the court documents. Alan Ralsky and the others involved in the Internet stock scam received more than or years in prison told. Alan Ralsky, 64, also faces 5 years probation and will have to forfeit $250,000 that was seized by the government in 2007.

U.S. District Judge Marianne Battani also sentenced three others on November 22 for their involvement in the scheme, including Ralsky’s son-in-law Scott Bradley, 48, who received 40 months in prison and 5 years probation.

Ralsky and Bradley were charged for conspiring to commit wire and mail fraud and violating the CAN-SPAM Act, which criminalizes large, commercial e-mail messages sent using an unauthorized computer or with the intent to hide the e-mail’s original source, according to the office of the U.S. Attorney for the Eastern District of Michigan. They were also charged with committing wire fraud and engaging in money laundering.

Ralsky and Bradley, both of West Bloomfield, Mich., pleaded guilty to the charges in June. Ralsky’s history as a prolific spammer dates back to 1997. Before the Bush administration passed a law to crack down on e-mail marketers in 2003, Ralsky reportedly sent 70 million messages a day from fake names.

In the operation that began in January 2004, the team sent billions of illegal e-mail advertisements to inflate the price of Chinese penny stocks and then reaped the profit, according to the prosecutor’s office. They raked in nearly $3 million during the summer of 2005.

The prosecution said Ralsky worked with How Wai John Hui, a resident of Hong Kong and Canada, to run the operation. Hui was also sentenced to 51 months in prison and 3 years of probation, and he agreed to forfeit $500,000. Hui was the CEO of China World Trade and served as the lead dealmaker representing companies whose stocks were being promoted in the spam e-mails. Hui plead guilty in December 2008. John Bown, 45, of Fresno, Calif., was sentenced to 32 months in prison for his role in the scheme. He will face 3 years of probation and will forfeit $120,000.

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“With today’s sentence of the self-proclaimed ‘Godfather of Spam,’ Alan Ralsky, and three others who played central roles in a complicated stock spam pump-and-dump scheme, the court has made it clear that advancing fraud through the abuse of the Internet will lead to several years in prison,” said U.S. Attorney Terrence Berg, in a statement November 22.

Though the government originally recommended that Ralsky receive up to 87 months in prison, it lowered the sentence recommendation range in November to between 35 and 43 months because of Ralsky’s cooperation. Ralsky’s lawyer, Steven Fishman, said he believed the sentence was “excessive.”

“It was the most disappointing event that I have ever experienced in 36 years as a lawyer,” Fishman said. “The sentence was higher than even what the government recommended, and I never imagined that in a million years. Everyone in the court house was stunned.”

This case involved a three year investigation by the FBI who indicted 11 people in December 2007 four the elaborate stock scheme. In addition, five others pleaded guilty and will be getting their sentence on December 1. As of the publication of this article, there are still two additional individuals that were indicted waiting for their sentencing.

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My Take: It is about time the government started cracking down on spammers! Now spammers will need to make sure they keep a Denver criminal lawyer on retainer, which just might slow them down a little bit. If they do not get a criminal lawyer Denver CO, they better get one from someplace because they are pointed needed. One thing is for sure, they will never need an injury attorney Colorado!

One thing is for sure, the FBI had two of used forensics to get the evidence. Most forensic services offer the services of a forensic pathologist, which is more on the medical side. However, some of these medical legal consultants also provide computer forensics, which is a search for electronic evidence. I remember one thing for my computer programming class and that is that the computer never completely erases anything, unless you format the drive.

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Explosion Brings Police to Ex-Doctor’s Apartment

Tuesday, December 8th, 2009

Cited: Associated Press

mark-campano-2On November 22, bomb explosions led police to arsenal at ex-doctor’s apartment where they found 35 bombs that were unexploded according to police. The police also discovered an assortment of firearms and ammunition in the former doctor’s apartment after two explosions rocked the building. Authorities stated they did not know why he had the weapons or whether he planned to use them after they were discovered on the 22nd.

Mark Campano, 56, was charged Wednesday with one count of unlawful possession of a pipe bomb, according to assistant U.S. Attorney Bill Edwards. Campano appeared before U.S. Magistrate Judge Benita Pearson, waived a preliminary hearing and was held on the charge by federal marshals. The charge carries a possible penalty of 10 years in prison, Edwards said.

Donald Hicks, the attorney appointed to represent Campano, said after the court hearing that it was too early to comment on the case. Earlier in the day, FBI agents dressed in head-to-toe white protective hazardous materials coveralls and plastic gloves carried bags of materials out of Campano’s apartment. It wasn’t clear what they took from the ground-floor apartment, which sits next to a park in a residential area in this city about 20 miles southeast of Cleveland.

Apartment Complex Shaken

The explosions that shook the apartment complex the evening of November 22 “sounded like someone hit the window as hard as you could once and it reverberated throughout the building,” said Rob Clancy, 27, who lives upstairs and two doors down from the blast scene. “It happened twice about 35 seconds apart.”

Campano told an officer that he was attempting to load shotgun shells when one blew up in his hands, according to a police report. He was taken to an Akron hospital with severe injuries to his left hand and arm and taken into custody after he was released from the hospital Wednesday.mark-campano-1

Handguns were strewn about the apartment, police said, and one gun had a silencer and a pistol was found in Campano’s car, the police report said. A large amount of elements used to make various types of weaponry were also taken from the apartment, according to the report. Police also found chemicals used to make drugs in the apartment, Sgt. Gary Merton Jr. said.

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Lost His License

Citing a history of drug dependency, the Medical Board of Ohio removed Campano’s license in 2006. The board said in its decision that his continued practice of medicine would be a danger of immediate and serious harm to the public.

Campano has a history of substance abuse dating to 1987, according to state medical board records. He completed a drug treatment program in the late 1980s, records showed. He moved to West Virginia and practiced medicine there until he gave up his license in 1993 when he had a relapse involving drugs and alcohol. Campano sought treatment again and was diagnosed with major depression, alcohol dependency, and drug abuse, records show.

He returned to Ohio and was allowed to practice medicine in 1995 under probationary terms that included random drug tests. He also was required to continue meeting with a psychiatrist. Campano sought treatment for chemical dependence in 2005 and admitted that he had been self-prescribing a high blood pressure medicine for six years, according to state medical records. The medical board then moved to permanently revoke his license.

The 30 unit apartment complex was evacuated after the explosions to ensure safety of the tenants. According to a neighbor, Robert Cogdeill, 45, that has lived across the street from the complex’s whole life, the apartment complex attracts a lot of police attention.

“It’s always been a problem. There’s always police activity there, cars running in and out,” he said.

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My Take: I do not understand something. If he was so un-balanced, why did they keep giving him his medical license back? Why was he not in a mental institution? Are you going to try to tell me that they could not see he had big problems? On the other hand, if the apartment complex had so much police activity around it, why did not management or the owners provide something similar to Sacramento CA unarmed security guard to protect the tenants.

I am sure that they have security guards just like they have California security guards. A security guard might have noticed this guy’s activities and been able to prevent the explosions. I am sure that the owners are going to regret not doing anything when they get contacted by personal injury lawyers. If they do get sued for injuries resulting from the explosions, they just might be contacting bankruptcy lawyers.

The question I would like to rest the medical board is simply, why are you so easy on doctors? I would not want a Pensacola FL hair transplant surgeon working on me who was higher than a kite on drugs. I could just imagine where the hair would end up! I am sure that many people have heard horror stories about Panama City Florida breast implants that went wrong for any number reasons other than the doctor being on drugs. But if the doctor will were on drugs, just imagine how it would look.

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What is Probate?

Probate is a process by which property of a decedent is retitled and a probate or surrogate court decides the validity of a testator’s will. An Albuquerque NM probate attorney can interpret the instructions of the deceased, decides the executor as the personal representative of the estate and adjudicates the interests of heirs and other parties who may have claims against the estate. As with any legal proceeding, there are technical aspects to probate and trust administration like notifying creditors and legal notices being published so it is always good to ask advice of any Albuquerque NM probate lawyers.

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