Archive for the ‘Legal’ Category

Same-Sex Marriage Showdown in California

Wednesday, August 25th, 2010

Cited: Divorce Mag

same-sex-marriageThe next battle in California’s ongoing war over legalizing same-sex marriages will be decided in a California federal appeals court. Early in August a federal court ruling declared that the states “Proposition 8″ was unconstitutional. The proposition is a voter-led ban on same-sex marriages.

Since then, lawyers on both sides of the divisive issue have scrambled to get their arguments before the 9th Circuit appeals court, which is scheduled on August 18 to render a decision on whether to block or enforce Proposition 8.

However, even before the court has rendered their decision, both sides are aware that this is not the end. Proposition 8 lawyers have declared that if the same-sex ban is not re-enforced, they’ll take their appeal up to the US Supreme Court — guaranteeing months of legal battles to come before the smoke finally clears on this incredibly contentious issue.

As reported on August 16, earlier this month critics of California’s famous (or infamous) Proposition 8 celebrated a dramatic victory when a San Francisco judge declared the 2008 voter-led ban on gay marriage as unconstitutional. The ruling seemed to pave the way for the state to resume certifying gay marriage, barring an 11th hour effort by Proposition 8 prosecutors to the appeal the move — and, shockingly to some, the move has paid off; at least for now.

That’s because yesterday, the 3-judge panel on the 9th Circuit appeals court reversed the August 4th ruling. Instead, the panel will review briefs throughout the fall and resume hearing the appeal in the week of December 6th.

While this by no means put the matter to rest for either side in the debate — since the ruling still has to happen, eventually — it’s nevertheless being hailed as a major legal victory by those supporting Proposition 8.

“California voters spoke clearly on Prop. 8, and we’re glad to see their votes will remain valid while the legal challenges work their way up through the courts,” said Andy Pugno, general counsel for ProtectMarriage, in an interview with the Los Angeles Times. “Invalidating the people’s vote based on just one judge’s opinion would not have been appropriate and would have shaken the people’s confidence in our elections and the right to vote itself.”

“The concern is that rushing things to the Supreme Court could lead to an adverse result [for supporters of gay marriage.],” said Loyola law professor Rick Hasen. “If this case takes another year to get to the U.S. Supreme Court, there could be more states that adopt same-sex marriage and more judicial opinions that reach that conclusion.”

It appears that some experts suggest that celebrating a victory too soon, legally speaking, may be premature. In fact, in the long run, it could be there for supporters of gay marriage.

————————————————————————

My Take: I do not see the problem with allowing gay marriages, at least, not from a legal standpoint. This is one of those cases where religion and government are being mixed. Again, from a legal standpoint it is discrimination against same-sex couples. The guys say this because, we are saying by law they are not good enough to marry. That is simple discrimination.

From my point of view, an Austin TX divorce attorney or a Nashville TN divorce lawyer would be able to explain, on paper, a marriage is between two adults. For example, if you have two people named Jamie Jones and Jaime Jones, how can you tell which is female and which is male? I do not believe you can! Both first names can be pronounced in the same way. Besides, what goes on behind closed doors is nobody’s business. Of course, the only time this rule does not hold up is when a crime is being committed such as physical abuse or murder.

From a religious standpoint, people should not be trying to force their beliefs on other people. If people think that same-sex couples will influence their children, to keep them away from the couple. Here again, what happens between a couple behind closed doors is their business and between them and God, nobody else!

Like heterosexual couples, same-sex couples probably being eating either a collaborative lawyer, an Austin family law attorney or even Nashville bankruptcy attorneys sometime in the future. That seems to make them just like every other couple in America. This tells me that banning same-sex marriages is not only discrimination, is trying to force religious beliefs on other people. The latter is why this country was even created in the first place. To stop others from forcing religious beliefs on citizens!

————————————————————————-

Other Resources

Wall Decals

A wall decals company has a lot of wall letters or words and decal designs to choose from. But if you have seen vinyl lettering or decals somewhere else and they don’t have something similar, email them with the link and we can custom design something just for you AND match or beat the price!

Serial Stabber Caught Fleeing Country Part 2

Wednesday, August 25th, 2010

Cited: ABC News

Continued from “Serial Stabber Caught Fleeing Country Part 1

serial-killer-2Serial Killer Suspect Caught, Released, Caught, Released, Caught Again

Though he finally was charged, the airport arrest was not the first time police stopped Abuelazam during the stabbing spree. At least twice in recent weeks, police in Michigan and Virginia nabbed him, with police in Virginia even spotting possible murder weapons.

In both cases, the authorities let him go, apparently failing to peg him as a suspect in the stabbings.

In one incident, Abuelazam was charged with providing alcohol to a minor on the evening of July 29 in Genesee County, Mich., according to court records on file in the 67th District Court there.

The citation came the same day as an early morning attack in the area now considered part of the stabbing spree.

Abuelazam was supposed to appear in a Mount Morris, Mich., court room on the charge on Aug. 4, but he failed to show up. The 67th District Court still has Abuelazam’s Florida driver’s license, which he surrendered at the time of his citation in lieu of posting bond, according to the Genesee County Prosecutor’s Office.

In another incident, last week, Abuelazam was picked up in Arlington, Va., for failing to stop at a stop sign, Genesee County prosecutor David Leyton said.

During a background check, police discovered he had an outstanding warrant for the misdemeanor assault of his brother-in-law. While he was booked and placed in a holding cell, police impounded his car. During a search, police found a knife in the driver’s side door and a hammer, two weapons victims of the attacks had described.

But at that point, there had been no known attacks in Virginia and Abuelazam was released and the car was returned to him, Leyton said.

“The Arlington police certainly had no idea” about the prior attacks, Leyton said.

Abuelazam finally was caught for good as he was trying to board a Delta flight bound for Tel Aviv, Israel, federal officials said. He was waiting in the gate area to board when the Transportation Security Administration alerted Delta to hold the plane while authorities got in place.

Airport employees then paged Abuelazam over the intercom and, when he came to the desk, he was taken into custody without incident, an Atlanta Police Department report said.

Police believe Abuelazam may be behind 18 knife attacks beginning in May that spanned Michigan, Virginia and Ohio. Five of the victims died from their wounds — David Motley, 31, Emmanuel A. Muhammad, 59, Darwin Marshall, 43, and Arnold R. Minor, 49, all of Flint, and Frank Kellybrew, 60, of Flint Township, Mich., according to The Associated Press.

The serial stabber was blamed for as many as 20 attacks at one point, but police determined two of the reported assaults were not likely linked to the serial stabber.

Many of the Serial Stabbings Victimized Black Men

Most of the stabbing victims were black men, but Leyton declined to say the attacks were racially motivated.

“We don’t have a motive yet but, as you know, many times the motive doesn’t appear until later in the investigation,” Leyton said Thursday. “Jury instructions don’t require us necessarily to have a motive.”

Leyton added that a police hotline on the case received more than 500 tips, including the one that sent police looking for Abuelazam.

Abuelazam, who was born in Israel and is of Arab descent, was living in the U.S. legally and has been linked to cities across the country.

Police believe he came to Michigan in May, just days before the attacks began.

Prior to the attacks, Auelazam had several run-ins with the law including several traffic violations, a check fraud charge and unlawful possession of a weapon. In 2008, he was arrested and held for obstruction of justice. He spent at least one month in jail for a fraud conviction in California.

Abuelazam’s ex-wife, who lives in Texas, told The Detroit News she, too, was shocked by the arrest, but hadn’t spoken to her ex-husband for a while.

Though the attacks took place from late May through early August, Leyton said law enforcement acted quickly.

“The first two crimes were homicides. The first one was in May and then about a month later was the second one. For those first two, we had absolutely no statement, no suspect, no evidence, and no witness. So we had nothing right there,” he said. “When we began to see the pattern emerge in late July, that’s when everybody said ‘This is what we have.’”

Leyton said Abuelazam could face charges in other states in addition to those in Michigan.

Victims of Serial Stabber Describe Similarities

One of the victims, Richard Booker, 49, recently was released from a Flint hospital where he has been for the last three weeks after being stabbed. He told ABC News that he has 68 staples throughout his back and belly and has slash wounds on his arms because he tried to prevent the man from “cutting off his face.”

“I’ve never hurt so much in my life, never come so close to death,” Booker told ABCNews Wednesday. “I was about dead.”

Booker, who is white, dismisses the notion that the attacks are racially motivated.

“I’m obviously not black. The guy’s just a stone cold killer,” Booker said.

Booker was stabbed five times, including a roughly 12-inch-long vertical slash from below his belly button all the way up his chest. He lost eight pints of blood from his wounds.

Antwoine Marshall, who was attacked two weeks ago, described a similar experience and similar wounds. He told ABC News he was stabbed six times in his stomach and chest.

“It’s a very, very violent type of crime,” Leyton told “Good Morning America” Wednesday. “Maybe he’s enjoying watching them suffer; maybe he’s enjoying watching them wriggle around in pain. But we really don’t know what he’s thinking, and we won’t until we bring him in and talk to him.”

The link between the attacks, which began in May, was not apparent until recently.

“There are similarities in many things. The weapon used, the suspect, the area,” Kapp said Wednesday. “Those similarities cannot be ignored.”

Victims have told police the crimes occurred when they were alone, and the suspect approached them asking for directions or help with his car. Then, he stabbed them with an edged weapon, police say.

Booker’s story matched this one. He said the man asked him for help opening the hood of his SUV.

Capp said the authorities formed a task force made up of all the law enforcement agencies in Michigan’s Genesee County, including the Flint Police Department, the Michigan State Police and the FBI.

————————————————————————

My Take: It’s always nice ones that fool everybody! I hope he has a good Ottawa criminal lawyer on his side. At least he does not need Cornwall drinking and driving lawyer. Ha ha! I know it is not nice to make fun of people in bad situations. But from what is being said in the news, I would say he is guilty. One thing is for sure, he is going to be going through several walk through metal detectors before he finally did the court.

The article said he had retained several lawyers, I hope he has a good Redwood City criminal defense lawyer on his side as well. In his situation, you can’t have too many lawyers! I understand that Redwood City CA criminal attorneys are good at what they do.

It is just too bad the areas where he killed these people didn’t have any kind of metal detection. If they had, those people may have been warned that somebody was carrying a weapon. However, outside, you cannot have metal detection devices everywhere. It would be nice in gang ridden areas!

————————————————————————-

Other Resources

Realtime Reporting

Los Angeles Court Reporter has been serving the legal community in Southern California for over a quarter century! Providing court reporting, litigation support, trial reporting, arbitration, audio/video and deposition services in LA, CA. With realtime reporting, all you have to do is hook up your laptop to the court reporter for instant display of the testimony. With Los Angeles court reporting in realtime, you will be able to view realtime proceedings live from anywhere in the world as well as chat privately via computer with others during the proceedings.

Serial Stabber Caught Fleeing Country Part 1

Wednesday, August 25th, 2010

Cited: ABC News

Serial StabbingsThe accused serial killer, Elias Abuelazam, is suspected of a number of attacks. Police in Virginia, on August 13, began investigating whether he also stabbed his former neighbor to death. In addition, police in Israel said the Israeli-Arab stabbed a friend in Israel about six months ago. No charges were filed against Abuelazam because the stabbing victim, who survived, declined to press charges, Israeli officials told the Associated Press.

The attacks would bring to 20 the total number of victims allegedly knifed by Abuelazam.

Leesburg, Va., Police Chief Joseph Price said his officers are trying to determine whether the death of Jammie Lane is linked to Abuelazm. Lane, who was 44, lived across the street from Abuelazam at the time of his stabbing death in March 2009.

If convicted of murder in Virginia, Abuelazam could face the death penalty. Currently he is charged with one murder in Michigan, which does not have the death penalty.

He is a suspect in the stabbing of 18 men in Michigan, Virginia and Ohio. Five of those victims died.

Abuelazam, described as a “gentle giant” by a former co-worker, appeared in a Georgia court in shackles today and was a full head taller than the officers who escorted him into the court room for the extradition hearing. Judge Richard Hicks repeatedly explained what extradition was before Abuelazam decided to waive his right to fight it.

When first confronted with his options, Abuelazam asked the judge, “Is it possible to ask to think about it?”

The judge informed the suspect that he could put off going to Michigan to fight the criminal case for as long as three months.

“I will fight the case in Michigan,” Abuelazam finally decided. “Why should I wait 90 days, right? That’s the most common sense. It sounds more logical to me to go now than to wait three months.”

At the conclusion of the short hearing, as the suspect was escorted out of the court, Hicks wished him “good luck,” to which Abuelazam responded, “Thank you.”

Abuelazam, 33, was apprehended on the evening of August 11 at Atlanta Hartsfield International Airport as he waited for his flight to leave the country, officials said. He was tracked to the airport after investigators followed a new lead that originated in Michigan.

For those who are afraid to walk in their neighborhood at night . . . The training resource experts seek and consult with this Ivy League educational institute that focuses on dog training needs from the very basic to the very advanced when dealing with problem dogs, complex situations and behavioral issues as well as dogs who simply have bad habits. They can even provide you with personal protection dogs. At this Oklahoma dog training facility protection training is designed to teach your dog how to defend you on command.

Complex Picture of Suspected Killer Elias Abuelazam as ‘Gentle Giant’

A complex picture of Abuelazam is emerging today as one former coworker called him a “gentle giant” even in violent situations but a former family member says he was abusive.

“There was a bit of abuse,” James Hirth, the father of Elias Abuelazam’s ex-wife, told ABC News. Hirth said Abuelazam was rough with his daughter before the couple divorced in 2007.

Abuelazam was also arrested in Virginia on Aug. 5 for an outstanding warrant for misdemeanor assault in which Michigan police said they believe he assaulted his former brother-in-law. At the time, Abuelazam was not identified as the serial killer suspect, so Virginia police released him.

But the cross country stabbings, not to mention the domestic abuse and assault allegations, do not at all fit with the image of Abuelazam that a coworker paints of the man.

Wendy Brooks told ABC News that she worked with Abuelazam at the Piedmont Behavioral Health Center in Leesburg, Va., for several years until 2002 when they both left the facility. She said it was a very stressful job where they frequently had to subdue mentally unstable and violent teenagers, and he was a “gentle giant” whose behavior was marked by patience and restraint.

“He seemed to always treat the kids nicely, followed the rules,” Brooks said. “From what I saw, he was never too aggressive. … I think he was smart. He wasn’t quick to react.”

At times, she would even seek out Abuelazam “to just kind of talk about a situation. He would sit there and take the time to do it.”

Brooks was particularly surprised to find that most of his alleged victims were black.

“It’s crazy. I never would’ve imagined anything like that. I’m a young black female,” she said, adding that she gave him a ride home once.

“He was a good guy. He was a friendly guy. He was a nice guy,” Abdullah Farah, Abuelazam’s boss at a Michigan party store, said Thursday, August 12. “He said he was leaving to see some relatives and he never came back.”

More charges are expected to follow in Michigan and possibly other states, Michigan’s Genesee County prosecutor David Leyton said Thursday, August 12.

Continued in “Serial Stabber Caught Fleeing Country Part 2

————————————————————————

My Take: It’s always nice ones that fool everybody! I hope he has a good Ottawa criminal lawyer on his side. At least he does not need Cornwall drinking and driving lawyer. Ha ha! I know it is not nice to make fun of people in bad situations. But from what is being said in the news, I would say he is guilty. One thing is for sure, he is going to be going through several walk through metal detectors before he finally did the court.

The article said he had retained several lawyers, I hope he has a good Redwood City criminal defense lawyer on his side as well. In his situation, you can’t have too many lawyers! I understand that Redwood City CA criminal attorneys are good at what they do.

It is just too bad the areas where he killed these people didn’t have any kind of metal detection. If they had, those people may have been warned that somebody was carrying a weapon. However, outside, you cannot have metal detection devices everywhere. It would be nice in gang ridden areas!

————————————————————————-

Other Resources

Realtime Reporting

Los Angeles Court Reporter has been serving the legal community in Southern California for over a quarter century! Providing court reporting, litigation support, trial reporting, arbitration, audio/video and deposition services in LA, CA. With realtime reporting, all you have to do is hook up your laptop to the court reporter for instant display of the testimony. With Los Angeles court reporting in realtime, you will be able to view realtime proceedings live from anywhere in the world as well as chat privately via computer with others during the proceedings.

Buffalo Restaurant Shooting Suspect Arrested

Thursday, August 19th, 2010

Cited: AP

shootingA 25-year-old man has been charged by Western New York police in the fatal shootings of 4 people outside a downtown Buffalo restaurant. Keith Johnson of Buffalo was arrested the afternoon of August 14. Police believe he was the only gunman in the shootings and also wounded four others. He has been charged with four counts of second-degree murder and could face more charges.

Managers had decided to close the City Grill early August 14 after an altercation inside. Police say the victims were leaving at about 2:30 a.m. when gunfire erupted.

“There were verbal things going on. Management apparently chose to close down and have everybody leave the restaurant,” Chief of Detectives Dennis Richards said. “People were leaving when this shooting happened.”

Police say they don’t know whether Johnson was involved in the earlier altercation. Johnson was in custody late August 14 afternoon and unavailable for comment.

Investigators did not know how many shooters there were and asked for witnesses to speak up.

“We need people to come forward,” said Police Commissioner Daniel Derenda, who estimated there were 100 people at the scene when police arrived.

The group was attending a party in advance of a more formal anniversary celebration scheduled for later Saturday, authorities said. The couple, a 30-year-old man and his wife, married in Texas a year ago and had returned to celebrate with Buffalo-area friends and family, authorities said. The wife was not injured.

“An occasion that should have been a joyous one, a happy one, turned tragic,” Mayor Byron Brown said Saturday, August 14, near the restaurant, a popular stop for office workers during the week and people attending theater and sporting events at night.

‘Senseless, random killing’

The dead included two men, a 30-year-old and a 26-year-old, and two women, who were 27 and 32, Richards said. Three were pronounced dead at the scene and the fourth died at a hospital.

Authorities did not release the victims’ identities. Raymond Wilhite said his 32-year-old daughter, Tiffany Wilhite, was among those killed.

“A senseless, random killing,” said Wilhite, who returned to the restaurant a few hours after the shooting. “This kind of thing just has to stop.”

The other woman was identified by her mother as Shawntia McNeil, who was Wilhite’s cousin.

“There are no words to explain how I feel,” McNeil’s mother, Ruby Martin, said. “She got along with everybody. She knows a lot of people. She didn’t deserve to be killed. I’m pretty sure it wasn’t intended for her.”

Authorities say the four wounded were all men. One was in critical condition at a Buffalo hospital Saturday afternoon. Two were in stable condition and one was in good condition.

‘In a panic’

Tommy Dates, 35, of Buffalo, said he was at the bar area of the restaurant with his friends when he noticed a party had broken up. He said people started leaving the restaurant but rushed back inside a few minutes later.

“A lot of people were real upset, just trying to get out of the way,” Dates said at the scene about two hours after the shootings. “Everyone was in a panic.”

Three covered bodies lay in front of the restaurant for several hours, one of them on the sidewalk across the street. About 20 people stood behind yellow crime scene tape, some trying to console grief-stricken relatives and friends.

“Nobody knows why,” Martin said. “Somebody else was just shooting in a crowd.”

Glass at a subway stop across the street and the office window next to the Main Street restaurant were shattered during the shooting.

Update August 15

The man who’d been arrested in the four shooting deaths outside a restaurant in Buffalo, N.Y., early yesterday could still be re-arrested if authorities change their minds.

But prosecutors say they decided to drop the charges against Keith Johnson based on photos and witness statements.  A prosecutor says the evidence didn’t support the charges against Johnson. He told a judge, “I’m not sure he did it.”  Johnson is still being held on a parole violation.

————————————————————————

My Take: The man must have lost his mind to start shooting like that. One thing is for sure he is going to need a good Philadelphia PA criminal attorney, Monmouth County criminal defense lawyer or even a Bucks County criminal lawyer to get him out of this mess. They may not be able to, but they will try. To be honest, I would rather hear about someone who needs a Philadelphia civil litigation lawyer or even a Monmouth County DUI Attorney then someone needing a criminal attorney.

The reason is very simple, because if somebody needs a “criminal” lawyer, it usually means somebody has suffered in one way or another. But if somebody needs Philadelphia criminal lawyers if convicted somebody’s probably lost their life or most of their belongings. Don’t get me wrong, lawyers are good thing to have around when you need one, is just that people don’t want to need them.

Nobody wants to call on divorce lawyer either, but they have to when there is nothing else that can be done to save a marriage. But at least nobody’s lost a life or been injured because of a criminal act. Although, a divorce attorney may take one parties possessions, but that is not considered stealing at least not according to the law.

————————————————————————-

Other Resources

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.


——————————————————-


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 divorce attorney or even a divorce lawyer. Then, of course, if they have children they probably need a 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!

——————————————————

Other Resources

Child Custody and Divorce

Any divorce can be complicated especially when children are concerned. Union County NJ matrimonial lawyers are more than willing to help you decide the child custody issue in your divorce. Typically, the child is either with the custodial parent or the non-custodial parent but not both. This arrangement comes as a result of the separation of the parents and both parents maintaining separate residences. The child resides with the custodial parent most of the time and the non-custodial parent spends time with the child during periods of child visitation. This way, both parents get to spend time with the child despite having separate residences.

$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.


For those who would rather make sure that their network is secure . . . Maybe you do not have the necessary network security software in-house to keep your network safe. You still have to protect your assets and propriety data, keep your network available to staff, customers and business partners and maintain compliance with prevailing policies and regulations. This requires excellent management security services where your business is concerned.


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.


——————————————————-


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.


——————————————————

Related Resources


A Teenager’s Christmas Dream


Every teenager, between the age of 16 and 18, dreams of one thing for Christmas, a car. This year, give them something that will help them earn that car. Send them to an academy driving school that can teach them the proper driving etiquette. In fact, the New York DMV recognizes many driving schools allowing points to be removed driving records as well as helping to reduce insurance premiums. Of course, a teenager does not want to buy junk cars for Christmas. However, you can get junk car removal services for you and pay you for that junk car making it possible to get that teenagers dream. Let’s just hope they do not want NY motorcycle lessons for Christmas.


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.

Is Your New Car Lemon?

That is why the California Lemon Law was created! A California lemon law attorney can give you the information and resources you need to understand the Lemon Law. In fact, they can offer the support and services you need to send your case quickly and get through the difficult times. They have the experience and knowledge that will help you reach a satisfactory completion to your case. Moreover, this law firm of lemon Law cases since it was established in 1991. They offer free consultation and accept cases on a contingency fee basis.

Family Attorneys

The Union County NJ matrimonial lawyers have vast experience in handling all aspects of cases under the “The Hague Convention” on the Civil Aspects of International Child Abduction. The Hague Convention is a treaty designed to expedite the return of abducted children to their home countries. Once a child is returned, an appropriate court in that country will issue or affirm a child custody order according to the laws of that nation. The firm is skilled to handle your case and any media attention, having handled many publicized cases. A child abduction attorney will be assigned your case to represent you, whose children have been unlawfully removed.

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.

“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.

——————————————————-

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.

——————————————————

Other Resources

Full-Service Criminal Defense

Yes, a lawyer who has the skills and experience to handle any of your criminal charges. A Denver CO criminal defense attorney who handles criminal defense matters exclusively ended and has devoted his entire legal career to criminal law that began with more than 13 years as a prosecutor. This Denver CO felony attorney even offers weekend and evening appointments and is willing to travel to meet you and the location is convenient to you. This is a full-service law firm that handles DUI, felonies, drug, juvenile crimes as well as domestic violence and misdemeanors.

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.

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.

——————————————————-

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.

——————————————————

Other Resources

Ottawa Ontario Criminal Lawyers Website

This website created by a local Ottawa Ontario criminal lawyer. Its purpose is to offer some basic information about the criminal process and some of the offences. If you want to seek further legal advice, this website has links to put you in touch with Ottawa Ontario criminal defence lawyers. In Ottawa, there are many types of criminal offences which have not been described or referred to specifically on this website. For example, dangerous driving, mischief, indecent acts, soliciting prostitution, forcible confinement, utter false statement, threats, break and enter, robbery, taking car vehicle automobile etc. without consent, trespass at night, B&E, etc.

Search
Archive

You are currently browsing the archives for the Legal category.

Categories
Bookmarks

Search Engine Marketing & Optimization by SEO Company, Qi in Partnership with SEO Companies, Vs.
TheRetirer.com, Rating the Best Country Clubs Worldwide, Vertical Company to Qi
High Quality White-Hat Link Building and SEO Services Provided by WBR, WeBuildRankings.com
Check out the
Top Rising Actors on TheHollywoodWatch.com
ProvenCredible.com, Reputation Management Service, Another Vertical of Qi