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Different Types of Fraud and What That Means For Your Lawyer

Posted by Greg on June 25th, 2010 and filed under Legal | No Comments »

Fraud comes in a number of different forms so it is hard to give it a hard definition. Basically it is pretending that you are or are doing any one thing and instead you are or are doing something else. Things like identity theft are considered fraud because you are saying that you are someone when you are someone else. Essentially if you are doing something to purposely deceive others it is fraud. Usually different types of fraud are charged as different types of fraud, but they are sometimes all lumped together as one thing. Some of the different types of fraud include insurance fraud, credit card fraud, tax fraud (which is different from tax evasion because it appears like they have their taxes in order when the amounts have been changed to make it so that they don’t have to pay as much), health care fraud, forgery, racketeering and more .

This is a different type of charge than most other legal charges that can be faced. The reason why it is called a white collar crime is because these criminals are usually employed in a nice white collar job, or they may seem like they are at least. Companies can also commit fraud. Such things as consumer fraud are punished heavily in some states. Some defense attorneys AZ offers have made quite a living helping businesses get out of consumer fraud charges.

Because fraud is such a broad range of crimes you will want to talk to your potential lawyers and discuss with them the circumstances of your case and find out about other cases that they have handled that weren’t just fraud but were cases of the same or similar types of fraud. If you are involved in more than one type of fraud you may want to see what cases they have worked on that combine each of your charges. If they haven’t had anyone with a similar case record you can either move on to another lawyer or you can look at what sort of cases they have won and lost on each of your charges and any combination therein. This can give you an idea if they are any good for your case in particular.

Is The US PATRIOT Act Constitutional?

Posted by Greg on September 29th, 2009 and filed under Legal | No Comments »

An indelible mark was left upon America after the terrorist attacks of September 11, 2001, and left the U.S. With an overshadowing sense of vulnerability. The U.S. was determined to respond to this new security threat and made Congress enact laws that provided new tools to fight terrorism. The most controversial act of Congress is the United and Strengthening of America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, otherwise known as the US Patriot Act, and its impact upon the use of electronic surveillance and physical searches authorized under the Foreign Intelligence Surveillance Act of 1978 (FISA) to combat foreign threats.

A majority of Americans worry that the actions taken by Congress will infringe upon their basic American liberties. To quote Benjamin Franklin: ‘Those who would give up essential liberties to purchase a little temporary safety, deserve neither liberty nor safety’. Naturally, the government needs to use new tools in order to preserve the rights and freedoms guaranteed by the Constitution, but, at the same time, the government needs to make sure that the fight against terrorism is vigorous and effective. An American should not be forced to seek safety over liberty.

The FISAs responsibilities since its inception in 1968, is to gather foreign intelligence information. The purpose of a Title III wiretap order is to gather evidence for criminal prosecution. An application by the FISA only needs to state facts to support probable cause that the target of the search is a foreign power or agent of a foreign power and that the facilities to be monitored or searched are being used by said target. In contrast, a criminal Title III wiretap must be supported by probable cause that a specific individual, using an identified phone or location, is committing a particular crime. So, both FISA and Title III require a showing of probable cause to authorize electronic monitoring.

The USA PATRIOT Act is the most significant change involving the purposes for which FISA-authorized electronic monitoring and searches may be used and the exchange of information between criminal and foreign intelligence investigators. In short, the USA PATRIOT Act overrides the FISA and Title III, which makes probable cause a non issue. On top of that a judge can not deny the application of surveillance by Federal officers. The courts have recognized that the USA PATRIOT Act is lawful and covers a breach in the wall between criminal law enforcement and intelligence or counter-intelligence gathering. The US PATRIOT Act amendments of the FISA statute do not violate the Fourth Amendment of the Constitution.

Stepping Up Efforts with Anti-Corruption

Posted by Greg on September 27th, 2009 and filed under Finance, Legal | No Comments »

The United States, as a member or the World Bank/OECD Global Corporate Governance Forum, is working with all the international financial institutions and a majority of the private sector to insure that these institutions promote excellent corporate practices.

The World Bank and any regional development banks, are encouraged by the US and other international donors to incorporate anti-corruption policies as a major focus to their activities and all their lending practices.

As an active participant in the Council of Europe’s (CoE) Group of States Against Corruption (GRECO) that watches the efforts of all 34 members to implement all their commitments to anti corruption principles, The United States, has made on site visits to evaluate anti corruption efforts, over the past three years, put forth by all the GRECO’s members, checking for compliance with the CoE’s 20 guiding principles, the Criminal Law Convention on Corruption and providing valuable constructive advice on how these efforts can be improved upon.

The United States will continue and step up its efforts to be a leader that promotes a societal role who fights against corruption. Primarily, this work will take the form of technical assistance and provide funding for any anti-corruption organization throughout the world. The US is promoting in several countries, formal partnerships between civil societies and government that relate to the fight against corruption.

Fighting corruption is the United States a priority in foreign policies. According to the World Bank, corruption is the greatest obstacle to the promotion of social and economical development. They have estimated that over a trillion dollars every year is spent by national economies for bribery alone. But, what is key to fighting corruption will involve a broad cross section of the criminal justice sector and law enforcement. This encompasses counter-narcotics, counter-terrorism, money laundering, smuggling of goods, illegal migration, financial crime, trafficking in persons, terrorist financing, border controls, cyber-crime and intellectual property rights protection. Accountability at all levels of government and throughout the private sectors will now be scrutinized more than ever before.

A Layman’s Look at Due Diligence

Posted by Greg on September 2nd, 2009 and filed under Legal | No Comments »

What does it mean to practice due diligence?  This is an important topic in modern times, an important concept to follow in terms of the world of politics, the world of big business and foreign transactions, the financial sector in all aspects, as well as being important in the world of those that are combating and investigating cases of international and regional corruption.  But still, what does it all mean.  I was not wise to this concept until I started looking up all these subjects on Google.

And the more I read about it all, the more I could see the evidence of the times in my life wherein I myself failed to practice due diligence,  I realized the importance of the concept and I have the negative as well as the positive consequences when one is compliant, or not compliant with performing the procedures.  Quite simply due diligence means to know what you are getting into, what you are purchasing, from whom you are purchasing, and with whom you are becoming involved.  For all those aspects of any kind of transaction, have far reaching implications and effects on the entirety of one’s life.  Think of it in this way, in the regular everyday life, due diligence is just research.

Say one would like to purchase a mountain bike.   Due diligence would be the search for perhaps the best deal or bargain, or the search for the most hi-tech, high performance bicycle. They ask friends, they make inquiries into reputable distributors and bike shops.  They may want to ensure that they are riding the safest bike possible depending on their level of skill.  For if they get taken by a salesman that is not trustworthy, they may be taken advantage of financially, or they may harm themselves on a bicycle they thought was capable of more dangerous of a ride.  This is one aspect.

Another aspect is that of guilt by association.  Over the years many corporations, be they soda pop companies or the makers of sports equipment and shoes have been found guilty of breaking child labor laws in foreign countries.  By setting up shop in countries where the laws are either not enforced or non-existent, they make more of a profit.  I will never forget personally, when someone commented on a brand of tennis shoes I was wearing, saying that the company was corrupt and didn’t I know what they were doing?  I didn’t, but that didn’t make me any less guilty, for I hadn’t researched in depth enough and that was no excuse.  So, in layman’s terms, that is what due diligence means, and those are the consequences of not practicing it always.

Voter Fraud Charges for ACORN in Nevada

Posted by Greg on May 19th, 2009 and filed under Legal | No Comments »

In a case that has riled the state of Nevada, Attorney General Catherine Cortez Masto and Secretary of State Ross Miller announced Monday May 4, 2009 that voter registration fraud charges have been filed against an organization that works with low-income people and two of its employees in its Las Vegas office.

The complaint includes 26 counts of voter fraud and 13 counts for compensating those registering voters.

The Association of Community Organization for Reform Now, Inc., also known as ACORN, operated a Las Vegas office that helped register low-income voters last year.

Throughout 2008, ACORN employed canvassers to register people to vote in Nevada, the complaint said. ACORN paid the canvassers between $8 and $9 an hour, but made continued employment compensation based on the canvasser registering 20 voters per shift. Those who failed to sign up 20 voters per shift were terminated, the complaint said.

From July 27 through Oct. 2 ACORN also provided additional compensation under a bonus program called “Blackjack” or “21+” that was based on the total number of voters a person registered. Any canvasser who brought in 21 or more completed voter registration forms per shift would be paid a bonus of $5.

The Blackjack program was created by employee Christopher Edwards, field director for the Las Vegas office. ACORN time sheets indicate that corporate officers of ACORN were aware of the Blackjack bonus program and failed to take immediate action to stop it.

Amy Busefink was ACORN’s deputy regional director, and was also aware of the Blackjack program and aided and abetted the scheme by approving Edwards’ bonus program.

Las Vegas lawyers and Nevada law firms are readily available for adequate defense against charges of fraud of all kinds. Look for Las Vegas lawyers on Justia.com or other online directories.

Class Action News

Posted by Greg on March 28th, 2008 and filed under Legal | No Comments »

I studied law at school quite a few years ago.  I have always found it very interesting even though I have never worked in the legal field.  I also enjoy legal novels, movies such as The Firm and TV shows such as Boston Legal.  One are I find particularly interesting is news relating to class action lawsuits.

I have been involved in a lawsuit relating to a class action and although it is for from being over i am taking a real interest in the stages of it.  I’m also following developing lawsuits such as this class action involving Walmart.