Ring leader Davit Kudugulyan, 45, pleaded guilty to second-degree money laundering in New York State Supreme Court in June 2015. He was sentenced to one to three years in prison and a restitution payment of $750,000 for orchestrating the multi-state scam.

Kudugulyan and three separately convicted codefendants used skimming devices to wirelessly scan and steal credit card details from gas station users in Georgia, South Carolina and Texas. According to prosecutors, the victims were unable to detect the Bluetooth-enabled devices which were installed inside the pumps at several gas stations.

The defendants then used the scanned data to withdraw money from various Manhattan ATMs, usually taking out less than $10,000 in an attempt to avoid drawing attention to the scheme. They then deposited the cash into newly opened bank accounts in New York and later withdrew it at banks in other states. The group laundered more than $2 million between March 2012 and 2013.

In addition to the four main ring organizers, eight other codefendants have been convicted in relation to the crime. Two of Kudugulyan’s codefendants were sentenced to two to six years behind bars after pleading guilty to second-degree money laundering in December 2014. The fourth codefendant was sentenced to five years’ probation in January for the same charge.

A criminal complaint stated he manipulated Comverse options and sold stocks worth around $150 million between 1991 and 2005. Alexander admitted in court that he and other executives defrauded investors out of millions of dollars by using “backdating” to choose dates for granting options for employees. He made a profit of $138 million.

Alexander fled to Africa with his family in 2006 while he was under investigation for backdating stock options. Prosecutors were preparing to bring a fraud case against him for the scheme that allowed the purchasing of stocks at huge discounts. Alexander was indicted on 35 counts including fraud, conspiracy, witness tampering and obstruction of justice.

However, after returning to the United States 10 years later Alexander pleaded guilty to just a single count “relating solely to backdating.” The indicted executive’s lawyers asked for his release on a $25 million bond, arguing he was not a flight risk. U.S. District Judge Nicholas Garaufis denied bail, claiming that Alexander was untrustworthy.

The former CEO will be kept in a maximum-security prison until his December 16 sentencing. He could face up to 10 years in prison. Alexander’s attorney claimed he returned from Namibia “so he would have this nightmare behind him.”

A Manhattan federal jury found Larry Davis, 65, and his company guilty of defrauding the Port Authority of New York and New Jersey. His company, DCM Erectors Inc., won contracts to work on the World Trade Center site destroyed by the September 11, 2001, terrorist attacks. Davis pretended he was promoting a minority-owned businesses in order to obtain almost $1 billion for the construction.

Prosecutors claimed that in 2007 Davis was awarded contracts that required him to allocate millions of dollars to hiring subcontractors that were minority or women-owned businesses. Davis set up two fake firms to help him obtain contracts. He paid bribes to have documents signed for submission to the Port Authority. Meanwhile, DCM or other firms affiliated with the contractor carried out the construction.

The scheme earned him $256 million for work on the Freedom Tower and a $330 million contract for the World Trade Center Transportation Hub. Prosecutors claimed the amount paid to Davis’s firm ultimately surged to nearly $1 billion when he claimed more funds were needed to complete the construction. The Mississauga, Ontario, resident was arrested in 2014. He will be sentenced on November 15 and faces up to 40 years in prison.

Manhattan prosecutors have charged 39 people with grand larceny and related charges in what they claim is a credit card fraud scheme that resulted in the loss of more than $250,000 worth of luxury goods from Saks Fifth Avenue and Barneys in the past year. The people accused include members of Pop Out Boyz, a rap group based in Brooklyn that released a single entitled “For a Scammer,” with lyrics that mention “cracking cards.”

Capt. Christopher Flanagan, commander of the NYPD’s Financial Crimes Task Force, said that credit card fraud is becoming a “big issue” in Brooklyn. Credit card numbers are stolen when customers use them at retailers all over the world, traded on the Internet’s hidden “dark web,” and encoded onto new cards using machines.

Identity theft and credit card crimes are serious charges that require a sophisticated defense. A person accused of such crimes may be wrongly accused, the police or prosecutors may have made mistakes or violated the defendant’s rights, or the person may be a small-time player caught up in a dragnet. Many attorneys are unfamiliar with the complexities of such charges, so it is important to be represented by experienced legal counsel who will explore every possible defense.

http://www.nytimes.com/2016/06/02/nyregion/rappers-based-lyrics-on-their-credit-card-fraud-prosecutors-say.html?_r=0

This is a victory for injured workers in Florida, many of whom found it hard to find an attorney to represent them in their workers’ compensation cases due to the statutory caps on fees.

Business and insurance groups immediately complained there would be an “avalanche” of claims filed against Florida employers as a result of the ruling. But let’s put into perspective what was really at stake here: Workers, who through no fault of their own, had been injured on the job and their employer/ insurer were refusing to pay for basic medical care and a portion of lost wages. These individuals are simply trying to secure basic compensation, but they are up against well-lawyered businesses and insurance firms. Meanwhile, the worker is restricted in how much and in how their own attorney may be paid. Under the previous cap, plaintiff’s attorney in Catellanos v. Next Door Company was paid $1.53 an hour for more than 100 hours of legal work – all of which a judge deemed reasonably necessary to winning the case. 

The only way businesses or insurers are made to pay is if they lose the case. That is, the court determines the worker was rightfully owed workers’ compensation benefits in the first place and companies denied them.

Let’s also bear in mind: Almost all employees in Florida are entitled to workers’ compensation and the whole point of the system is to avoid litigation. Workers have the benefit of a no-fault system that allows them a relatively quick turnaround for compensation on work-related injuries and employers get to avoid costly litigation. But because of the evolution of the laws in recent years, the scales have become unfairly tipped toward the employers.

When an employer/ insurer knows workers do not have access to adequate legal support, they are less likely to agree to pay workers’ compensation benefits they know are rightly owed – especially when the injuries in question are severe.

So that takes us back to the Castellanos case, in which the Florida Supreme Court ruled the mandatory attorney fee schedule for workers’ compensation cases is unconstitutional under the constitutions of both Florida and the U.S. government. The state high court noted that while the legislature has expressed the intent for the workers’ compensation system to deliver benefits quickly and efficiently, the reality of the matter is that the system is increasingly complex – to the detriment of the worker – and employees depend on assistance from an experienced Florida workers’ compensation lawyer to help them navigate through the thicket.

The court noted that just a few of the changes that make workers’ compensation claims difficult if not impossible without a lawyer:

• The elimination of the provision in the law that indicated cases should be liberally construed in favor of the worker (F.S. 440.015);
• Reductions in the duration of temporary benefits;
• An extensive fraud and penalty provision;
• A heightened standard of “major contributing cause” that now applies to most cases;
• The elimination of an opt-out provision;
• The addition of an offer of settlement provision that allows only the employer – but not the worker – to make an offer to settle.

Plaintiff had been injured in the course of employment and when he was denied benefits, filed a workers’ compensation claim with the help of an attorney. The attorney successfully refuted a number of the defenses raised by the employer and the insurance carrier and ultimately prevailed. However, workers’ compensation attorney fees are contingent not only on the success of the case but the size of the award. Here, that meant the attorney was entitled to just $1.53 an hour. This was under the scheme of what the legislature had deemed “reasonable,” and there was no mechanism for refutation.

The right of a claimant to obtain reasonable attorney’s fees when they win is an essential feature of workers’ compensation law and has been since 1941. The court held the irrebuttable presumption that a certain fee is reasonable is unconstitutional.

Even if the ruling results in a higher number of workers’ compensation claims, it would only be because they were artificially low to begin with. What this ruling does is even the playing field.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Catellanos v. Next Door Company , April 28, 2016, Florida Supreme Court

More Blog Entries:

Rish v. Simao – Low-Speed Car Accident Lawsuit, March 26, 2016, Miami Workers’ Compensation Lawyer Blog

Williams Wells, 42, pleaded guilty in federal court in Manhattan to one count of wire fraud and one count of securities fraud, according to the office of U.S. Attorney Preet Bharara. Each of the counts carries a maximum fine of $5 million and a maximum sentence of 20 years in federal prison.

Authorities said that Wells engaged in the scheme from September 2009 until his arrest on October 1, using his firm, Promitor Capital LLC, to obtain investment funds by making false claims that he had consistently achieved positive returns in U.S. equity markets. In reality, according to Bharara, Wells lost money every year, amounting to more than $500,000 in losses over six years. By September 2015, Promitor was managing less than $1,000, according to authorities.

Wells obtained over $1.5 million in investment funds from family members, colleagues and friends, using new investor funds to pay back other investors in a Ponzi-like scheme, according to Bharara.

The charges against Wells were connected to a broad coalition of agencies called the President’s Financial Fraud Enforcement Task Force. Wells’ sentencing will be scheduled for a future date.

Securities fraud and wire fraud are complex and serious charges, and anyone accused of such a crime should seek representation from an experienced criminal defense attorney. The Brill Legal Group has extensive experience representing defendants accused of securities fraud and all types of white collar criminal charges.

Williams Wells, 42, pleaded guilty in federal court in Manhattan to one count of wire fraud and one count of securities fraud, according to the office of U.S. Attorney Preet Bharara. Each of the counts carries a maximum fine of $5 million and a maximum sentence of 20 years in federal prison.

Authorities said that Wells engaged in the scheme from September 2009 until his arrest on October 1, using his firm, Promitor Capital LLC, to obtain investment funds by making false claims that he had consistently achieved positive returns in U.S. equity markets. In reality, according to Bharara, Wells lost money every year, amounting to more than $500,000 in losses over six years. By September 2015, Promitor was managing less than $1,000, according to authorities.

Wells obtained over $1.5 million in investment funds from family members, colleagues and friends, using new investor funds to pay back other investors in a Ponzi-like scheme, according to Bharara.

The charges against Wells were connected to a broad coalition of agencies called the President’s Financial Fraud Enforcement Task Force. Wells’ sentencing will be scheduled for a future date.

Securities fraud and wire fraud are complex and serious charges, and anyone accused of such a crime should seek representation from an experienced criminal defense attorney. The Brill Legal Group has extensive experience representing defendants accused of securities fraud and all types of white collar criminal charges.

New York’s Van Dyke Money Gang used a Western Union money order scheme to net more than $1.5 million in 2015, the article says. The Neighborhood Crips of New Jersey created fake gift cards for retail outlets. And multiple South Florida gangs filed false tax returns under stolen identities in order to steal refunds.

The AP quoted Al Pasqual, a fraud consultant at Javelin Strategy and Research, who characterized the shift as a simple case of risk versus reward.

Pasqual posed the question, “Why would you spend time on the street slinging crack when you can get 10 years under federal minimums, when in reality you can just bone up on how to make six figures and when you get caught you’re doing six months?”

Pasqual said that while some gangs use the white-collar schemes as a side business to fund operations selling drugs and guns, others have adopted them as their primary means of making money.

The NYPD is adapting by coordinating personnel from the grand larceny division with those from the gang unit and other divisions.

The nature and severity of the penalty depends upon the amount of alcohol that the defendant has consumed. In general, a blood alcohol content (“BAC”) level above 0.08% is deemed to be legal intoxication (“DWI”). A BAC between 0.05% to 0.07% constitutes driving while a person’s ability to drive is impaired (“DWAI”). A person can also be convicted of DWAI if he or she has used a combination of drugs and alcohol or a combination of the two.

A first DWIA violation is punishable by a fine from $300 – $500, a maximum jail term of 15 days, and a 90-day suspension. Penalties for DWI convictions become more severe for subsequent convictions. For example, a third DWAI conviction in 10 years can entail a fine ranging from $2,000 to $10,000, a 4 year jail sentence, and a minimum one year revocation. A BAC of 0.18% is deemed to be aggravated DWI (“DWI AGG”), and the penalty for a first violation is a fine of $1,000 to $2,500, a maximum jail term of 1 year, and a minimum revocation for one year. A third AGG-DWI conviction in ten years requires a minimum fine from $2,000 to $10,000, a minimum jail term of seven years, and license revocation for at least 18 months.

This blog does not have enough space to discuss the many subtleties in the scheme of punishment for DWI and DWAI violations. Anyone facing allegations of having committed such a crime may find a conference with an experienced criminal defense attorneys. Such a lawyer can provide a helpful evaluation of the facts and the governing laws and an estimate of the probability of obtaining a favorable plea bargain or an outright acquittal.

Source: New York Department of Motor Vehicles, “Penalties for alcohol or drug-related violations,” accessed on Dec. 4, 2015

by Thomas D. Begley, Jr., CELA

Federal Employee Health Benefit Act

The Federal Employee Health Benefit Act (FEHBA) provides group health insurance for federal employees.[1] Although there is no statutory right of subrogation or reimbursement, FEHBA contains a preemption provision under which the terms of insurance contracts issued by its private carriers purportedly preempts state and local law.[2] However, the Supreme Court has held that FEHBA does not provide contract insurers with a federal cause of action or federal jurisdiction in a subrogation/reimbursement claim, leaving the matter to the state courts, and it further called into question whether a FEHB plan may assert any contractual recovery right at all against a beneficiary where such claims are prohibited by state law; the Court was “not prepared to say” that a carrier’s contract with the government “would displace every condition state law places on that recovery.”[3]

Federal Medical Care Recovery Act

The federal statutory scheme provides several independent bases for recovery of medical costs expended on behalf of government personnel and their dependents for injury or disease not connected to their military or other government service, but the Federal Medical Care Recovery Act (FMCRA)[4] establishes standards generally applicable to claims of all federal departments and agencies. Significantly, while the government may exercise its recovery rights under the statute by making claims directly against third-party tortfeasors, the statute authorizes no such claims against a beneficiary. The statute provides, inter alia, that in any case in which the United States furnishes or pays for medical or dental care and treatment under circumstances creating third-party tort liability for such expenses, the United States shall have a right to recover from the third party the reasonable value of such care and treatment.[5] The United States also has an independent right to recover from the third party the total amount of pay for a member of the Uniformed Services for any period in which the member is unable to perform his or her duties as a result of the injury or disease and is not assigned to perform other military duties.[6]

[1] 38 U.S.C. § 1725(a)(1).

[2] 5 C.F.R. § 890.

[3] Empire HealthChoice v. McVeigh, 547 U.S. 677 (2006).

[4] 42 U.S.C. § 2651.

[5] 42 U.S.C. § 2651(a).

[6] 42 U.S.C. § 2651(b).

Federal officials recently accused Halek Energy, LLC with swindling 300 investors out of nearly $22 million in a Texas oil and gas project.  The company’s CEO, Jason Halek, settled with the Securities and Exchange Commission by agreeing to a $50,000 fine and to repay “ill-gotten gains.”  A Fifth Circuit Court of Appeals ruling recently affirmed that Halek and two of his companies, CBO Energy, Inc. and Halek Energy, should disgorge $21,452,137 in “ill-gotten profits”.

Just this month, the SEC filed charges against Chimera Energy Corp. alleging that Chimera was falsely claiming to have contracts with Pemex, the state-owned Mexican oil company.  In addition, the SEC alleges that Chimera made false claims that it had developed a revolutionary and environmentally friendly technology that would replace the controversial hydraulic fracturing method of extracting oil.  The federal Complaint charges that Chimera was involved in a classic “pump-and-dump” scheme to inflate its stock price and to cheat investors out of their money.

Attorney Richard LaGarde believes that investors can protect themselves by being skeptical.

“Many of my clients have been victims of fraud in the oil patch.  Here are some red flags I’ve seen in the past:  Fraudsters often form a limited partnership in State 1, acquire leases or drill wells in State 2, and use unsolicited high-pressure phone calls or e-mails to make offers to investors in State 3.  By doing so, they minimize the chances that an investor might drop by to inspect a well site or the company’s headquarters.  Additionally, hucksters tend to make ‘too good to be true’ promises.   Hang up if someone calls you from a ‘boiler room’ and promises that an investment in their well will be a ‘sure thing’ because the driller has never drilled a dry hole in the area, or a big oil company is about to drill a well next door.  Beware of claims that you need to act quickly because there are a limited number of working interests left in the well.  If it sounds too good to be true, it’s very likely fraudulent.”

By Richard LaGarde

Attorney General Pam Bondi said that the Broward County Sheriff’s Office collaborated with the federal Drug Enforcement Administration to bring the “dangerous drug dealer” to justice.

Dr. Thomas Rodenberg was found guilty of trafficking in oxycodone, racketeering, conspiracy and delivery of oxycodone and other prescription drugs by a jury. He was arrested in August 2012, along with 10 others, after an investigation of a medical clinic in Pompano Beach.

Undercover officers said they visited the clinic posing as patients and were prescribed controlled substances without showing a legitimate medical need. The officers received 55 prescriptions for different controlled substances, including almost 3,000 doses of oxycodone.

Bondi said that Florida has seen a decline in deaths related to prescription drug abuse in part because of crackdowns like this one.

When pill mills prescribe a medication that causes injury or death, they can be held liable, and victims and their families can recover compensation through a lawsuit. At Joyce & Reyes, we have extensive experience with this type of litigation. If you or a loved one has suffered harm as the result of an unscrupulous doctor or pain clinic, contact Joyce & Reyes for a confidential, no-cost consultation.

If you need to speak with a personal injury lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

The senior care industry is booming. To be successful in this niche, it is crucial to choose a reliable lead generation company. Some offer older leads which are neither useful nor lucrative. choosi Others send leads that have already been worked, but still call them exclusive. “In a way, they are “exclusive:” your lead generation company is excluding you from profit in the scheme,” Green reported. “There are no benefits in working an exhausted lead or spending good money on it.”

So, how does an agent find a good partner? Choose a lead generation company with a good reputation who promises to stand behind its product. Its system should screens leads, pre-qualify them and provide them to you with complete information.

“Pay attention to the amount of help they offer you. Do they help you sell and market? If so, the company may make an excellent partner. If a company is willing to commit extra time to assisting you, you can can help each other succeed,” added Green.

Clelland Green is with Benepath.net, a leader in providing Medicare leads. Benepath provides agents with exclusive leads in just a few mouse clicks. To click here to visit http://www.benepath.net.

What does it mean to be “cited”?  Many people (usually those that are not Florida State fans) are wondering why he wasn’t arrested and booked into the jail.  The majority of the time a suspect is accused of shoplifting, they are NOT arrested, but instead are issued a “Notice to Appear” at a future court date. This is especially true if the person has no prior record and cooperates with the police.  A “notice to Appear” is basically an order that the accused person appear at a future court date to answer to the criminal charge.  If the person does not appear at this court date called an “Arraignment”, a warrant will be issued for their arrest and the person will be arrested and booked into the jail.

This case will probably be resolved through a diversion program.  A diversion program is often offered to 1st time offenders and results in the criminal charge being dropped as long as the defendant successfully completes the diversion program.  The person does not enter a plea to the charge and is not put on probation.  Usually there is a theft class to take, a fine, and some community service hours.  If the charge is dropped, the person can expunge their record so that it erases the information from the clerk’s website and “unarrests” the person.  Being issued a “Notice to Appear” is in effect the same as being arrested.

Today, with the internet and background searches, it is very important that a person keeps their record clean and seals or expunges their arrest if they are eligible.  An arrest, especially one involving a crime of dishonesty, can cause a person to lose their job or not be able to rent an apartment.

If you have been arrested it is very important that you call an experienced criminal defense attorney that knows about these diversion programs and how to keep your criminal record clean.  The consultation is free so you do not have an excuse to call and get more information about your arrest!

CALL NOW AND SPEAK TO AN EXPERIENCED CRIMINAL DEFENSE LAWYER.

FREE OFFICE CONSULTATION 

Thomas C. Grajek  863-688-4606

Polk County criminal defense lawyer handling all felony and misdemeanor theft cases including scheme to Defraud, Grand Theft,

Petit Theft, Petty Theft, and Shoplifting.

Kristina Derro
Veteran Advocate

 This is just disgraceful.  CNN has been reporting for months on the extended delays for health care appointments suffered by veterans across the country and who died while waiting.

 However, new revelations of secret lists and shredded evidence show that long-waits could be just the tip of the iceberg. At least 40 veterans died waiting for appointments at the Phoenix Veterans Affairs Health Care system, many of whom were placed on a secret waiting list.

This secret list was devised as part of an elaborate scheme by the VA managers in Phoenix who were trying to hide that 1,400 to 1,600 sick veterans were forced to wait months to see a doctor, according to reports from CNN.

Dr. Sam Foote, who just retired after 24 years with the Phoenix VA, said in an exclusive interview with CNN that, “The scheme was deliberately put in place to avoid the VA’s own internal rules.”

Foote said that there’s an “official” list the VA shared with officials in Washington that shows that they were providing timely appointments, which Foote calls the “sham list.” Then, there’s a real list that’s kept secret, where wait times can last more than one year.

Internal e-mails obtained by CNN show that top management at the VA hospital in Arizona knew about the practice and even defended it.

Meanwhile, veterans languish and many are dying while waiting on this secret list.

The VA requires its hospitals to provide care to patients in a timely manner, typically within 14 to 30 days. So instead of entering veterans’ doctor’s appointments into the computer system, Foote said, staff were instructed to enter appointment information, take a screenshot and print a hard copy, and then not save the appointment.

It’s as if the veteran was never there. According to Foote, the scheme in Phoenix also involved shredding evidence to hide the long list of veterans waiting for appointments and care.

“That hard copy, if you will, that has the patient demographic information is then taken and placed onto a secret electronic waiting list, and then the data that is on that paper is shredded,” Foote said.

The only record of veterans having been to the VA was on that secret waiting list, Foote says. And veterans would not be taken off that secret list until they had an appointment time that was within the 14 day timeframe for timely care, giving the appearance that the Phoenix VA’s wait times were greatly improving.

CNN also obtained e-mails from July 2013 showing that top management, including Phoenix VA Director Sharon Helman, was well-aware about the actual wait times, knew about the secret electronic list, and even defended its use to her staff.

In one internal Phoenix VA e-mail dated July 3, 2013, one staffer raised concerns about the secret electronic list and raised alarms that Phoenix VA officials were praising its use. The email reads:

“I have to say, I think it’s unfair to call any of this a success when Veterans are waiting 6 weeks on an electronic waiting list before they’re called to schedule their first PCP (primary care physician) appointment. Sure, when their appointment is created, it can be 14 days out, but we’re making them wait 6-20 weeks to create that appointment.”

The e-mail pointedly adds: “That is unethical and a disservice to our Veterans.”

And what is the VA’s response to all of this? A whole lot of nothing. CNN was sent the following statement from VA officials in Texas, quoting Sharon Helman:

“It is disheartening to hear allegations about Veterans care being compromised, and we are open to any collaborative discussion that assists in our goal to continually improve patient care.”

With the Phoenix VA’s secret list now catching the attention of representatives in Washington, the “collaborative discussion” referenced in Helman’s statement may transform into a full-blown congressional investigation.

Representative Jeff Miller, chairman of the House Veterans Affairs Committee, has been investigating delays in veterans’ care across the country. In an April 9 hearing, Rep. Miller learned that even the assistant deputy undersecretary of the Veterans Health Administration wasn’t being told the truth about the secret list and was never aware of its existence.

Congress has now ordered that all records in Phoenix, secret or not, be preserved in anticipation for a congressional investigation.

To read more on this issue, check out CNN’s report: http://www.cnn.com/2014/04/23/health/veterans-dying-health-care-delays

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

One such scam involves someone from the Far East with a thick accent placing a call to a consumer who might be in debt to a credit card company or some other lending institution.  The caller knows the name of the creditor, the amount of the balance, as well as information about the consumer.  All of this could have been accessed from the personal information such as name, address, and social security number which might allow someone to pull a credit report to determine the names of the consumer’s creditors.  The consumer is advised that they have a debt of some amount, perhaps near $10,000 to a particular creditor, but the caller claims to be a lawyer from Washington, D.C., or some other metropolitan area.  The phone number they are calling from will have an area code that matches the city they claim to be calling from.  This is a masking technique that anyone can produce using certain telephone vendors.  Anyone can purchase a Washington, D.C., area code and mask their calls as coming from that number .  In essence, someone from India could be calling you, appearing to be calling from Washington, D.C.  In some instances, the caller claims to be Attorney Michael Shaw from Washington, D.C. from the phone number 202-239-6225.

This “lawyer” will then tell the consumer that they may settle their debt for $900.  They are instructed to purchase a Green Dot money card from Walgreens, CVS, Wal-Mart or perhaps other vendors who sell these Green Dot credit cards.  The consumer is then advised to load money onto that card, and then call the “lawyer” from Washington, D.C., with the pin number of that Green Dot card so that the “lawyer” can access the $900 on the card for purposes of settling the debt.

Once the consumer gives the pin number to the “lawyer,” the scam artist from overseas will withdraw everything off the card.  For instance, if the consumer puts $2,000 on the Green Dot card but only authorizes the “lawyer” to take $900, the scam artist will withdraw the entire $2,000 amount.

The overseas scam artist will then call the consumer back and tell them that the settlement has now been declined, and that the consumer will be receiving a $900 refund in the mail.  A day later, the consumer will be called again by this same individual who will tell the consumer that the settlement has now been “approved” and they need to redo the transaction because the refund check has already been issued.  This time the scammer will tell the consumer that there is an additional $200 document fee, and so they will need to withdraw $1,100.  This process will repeat itself as many times as the consumer will allow it with different stories and excuses for why refunds will be issued and why new charges need to be taken from the Green Dot card.  Needless to say, no refund checks are ever sent, and some consumers have been known to lose over $5,000 by the various transactions conducted through this scheme.  In some instances, the consumer may be threatened by the caller, claiming that they will be turned over to the police with a warrant issued for their arrest for not paying their bills. The more the consumer protests, the more aggressive the threats become. In some instances the caller may call dozens of times everyday, harassing the consumer, without any threat of recourse due to his offshore location.  The best strategy is to screen your calls and do not engage this person at all. His attention will soon go to other potential victims if his calls are not being taken.

There are likely several variations of this scam, and consumers, particularly those in debt whose personal information may have been accessed through Target last month, need to be aware of these types of transactions.  In summary, consumers should be very cautious about engaging in any wire transfers, Green Dot transactions, or credit card transactions where debts are offering to be settled.  In addition, personal checks, money orders, and cashier’s checks can easily be counterfeited, and should not be relied upon by a consumer.  If ever you need to contact a creditor, or have been contacted by a creditor for purposes of settling a debt, the best approach is to get everything in writing with signed settlement documents and agreements prior to sending any funds.  Seeking attorney representation in this instance is always a good idea.

One such scam involves someone from the Far East with a thick accent placing a call to a consumer who might be in debt to a credit card company or some other lending institution.  The caller knows the name of the creditor, the amount of the balance, as well as information about the consumer.  All of this could have been accessed from the personal information such as name, address, and social security number which might allow someone to pull a credit report to determine the names of the consumer’s creditors.  The consumer is advised that they have a debt of some amount, perhaps near $10,000 to a particular creditor, but the caller claims to be a lawyer from Washington, D.C., or some other metropolitan area.  The phone number they are calling from will have an area code that matches the city they claim to be calling from.  This is a masking technique that anyone can produce using certain telephone vendors.  Anyone can purchase a Washington, D.C., area code and mask their calls as coming from that number .  In essence, someone from India could be calling you, appearing to be calling from Washington, D.C.  In some instances, the caller claims to be Attorney Michael Shaw from Washington, D.C. from the phone number 202-239-6225.

This “lawyer” will then tell the consumer that they may settle their debt for $900.  They are instructed to purchase a Green Dot money card from Walgreens, CVS, Wal-Mart or perhaps other vendors who sell these Green Dot credit cards.  The consumer is then advised to load money onto that card, and then call the “lawyer” from Washington, D.C., with the pin number of that Green Dot card so that the “lawyer” can access the $900 on the card for purposes of settling the debt.

Once the consumer gives the pin number to the “lawyer,” the scam artist from overseas will withdraw everything off the card.  For instance, if the consumer puts $2,000 on the Green Dot card but only authorizes the “lawyer” to take $900, the scam artist will withdraw the entire $2,000 amount.

The overseas scam artist will then call the consumer back and tell them that the settlement has now been declined, and that the consumer will be receiving a $900 refund in the mail.  A day later, the consumer will be called again by this same individual who will tell the consumer that the settlement has now been “approved” and they need to redo the transaction because the refund check has already been issued.  This time the scammer will tell the consumer that there is an additional $200 document fee, and so they will need to withdraw $1,100.  This process will repeat itself as many times as the consumer will allow it with different stories and excuses for why refunds will be issued and why new charges need to be taken from the Green Dot card.  Needless to say, no refund checks are ever sent, and some consumers have been known to lose over $5,000 by the various transactions conducted through this scheme.  In some instances, the consumer may be threatened by the caller, claiming that they will be turned over to the police with a warrant issued for their arrest for not paying their bills. The more the consumer protests, the more aggressive the threats become. In some instances the caller may call dozens of times everyday, harassing the consumer, without any threat of recourse due to his offshore location.  The best strategy is to screen your calls and do not engage this person at all. His attention will soon go to other potential victims if his calls are not being taken.

There are likely several variations of this scam, and consumers, particularly those in debt whose personal information may have been accessed through Target last month, need to be aware of these types of transactions.  In summary, consumers should be very cautious about engaging in any wire transfers, Green Dot transactions, or credit card transactions where debts are offering to be settled.  In addition, personal checks, money orders, and cashier’s checks can easily be counterfeited, and should not be relied upon by a consumer.  If ever you need to contact a creditor, or have been contacted by a creditor for purposes of settling a debt, the best approach is to get everything in writing with signed settlement documents and agreements prior to sending any funds.  Seeking attorney representation in this instance is always a good idea.

Dr. Subir Maitra is one of four doctors allegedly involved in a Medicaid and Medicare fraud scheme in which it is claimed that patients died as the result of unnecessary tracheotomies. Maitra’s attorneys asked a judge to delay the trial’s start because of the 73-year-old’s medical condition, saying he is physically frail and unable to focus for long periods of time.

The filing by Maitra’s attorneys led the Illinois Department of Financial and Professional Regulation to temporarily suspend his license to practice medicine, saying that the filing indicated that he may be impaired and his practice may be a danger to public safety.

Along with Sacred Heart Hospital CEO Edward Novak, Maitra and three other doctors are charged with involvement in a scheme that allegedly involved unnecessary medical procedures and kickbacks for patient referrals. Investigations continue into five deaths linked to tracheotomies performed at the hospital.

Novak earlier sought to have his $10 million cash bond reduced, but U.S. Magistrate Judge Daniel Martin denied the request, noting Novak’s extraordinary wealth. Martin noted that Novak had set forth no argument demonstrating financial difficulty due to the amount of the cash bond.

Paul Greenberg is a medical malpractice lawyer in Chicago and malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

A 67-year-old Harvard-trained lawyer and former military intelligence officer, John Donald Cody, is on trial in Cleveland after masterminding a $100 million multi-state fraud scheme. Cody was in court this Monday after two years on the run. He is charged with defrauding people who donated to the reputed United States Navy Veterans Association, based in Tampa, FL.

During his scheme, Cody used his many political connections to encourage donations to the charity. However, according to authorities, little to none of the money collected by Cody was actually used to aid Navy Veterans. In fact, most of the money collected went to republican politicians, including Mitt Romney, John McCain, Rudy Giuliani, and former President George W. Bush.

Joseph Patituce, Cody’s defense attorney, hinted at a defense strategy focused on CIA and government secrets involving a secretive operation decades ago in Arizona. Brad Tammaro, an assistant attorney general who is handling the trial, said that even if “by some fantasy” there was government involvement, it did not vindicate the defendant of his actions.

People ask all the time to which veteran charities they should donate.  I tell them to be careful.  You have to know the person asking and the work being done.

To learn more or to see the original article, please visit:
http://www.foxnews.com/us/2013/09/30/man-accused-in-100m-navy-charity-scam-headed-to-trial/

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

This is an interesting story involving a deputy jailer, who feels he was retaliated against for conducting an investigation into alleged corruption at a county detention center. Some of his findings, which appeared in his report, included the discovery that contraband smuggling was almost a way of life in the facility, and that there was a deputy having intimate relations with an inmate. This particular case happened in Kentucky, but it could easily happen in any other state, including Ohio.

Bound by duty and a strong moral code, the deputy jailer filed a lawsuit asking for protection and damages under Kentucky’s Whistleblower Act. He is further seeking lost benefits, and punitive and compensatory damages, attorney fees and costs. The Kentucky Whistleblower Act, like most whistleblower legislation in other states, bans retaliation against workers who report bad conditions or practices occurring in their workplaces.

Named in the lawsuit was the head jailer, who was accused of not properly investigating the claims made by the deputy jailer and who demoted the deputy jailer after he passed the serious information in his report on to the Kentucky State Police. As part of the statement of claim, the deputy jailer stated the chief jailer told him to put a lid on the investigation, telling him he wanted no part of the report in any way, shape or form. Shortly after the report was handed in, the deputy jailer began to receive disciplinary write-ups and was subsequently stripped of his investigator duties and demoted to a floor deputy.

In Kentucky, the whistleblower law does not dictate that an individual with serious concerns, like the ones in this case, follow the chain of command. Even though he attempted to do so, he was made painfully aware that the deputies at the local jail repeatedly turned a blind-eye to smuggling. Based on the nature of the report filed by the deputy jailer, and his further observations and allegations, the State Police launched an investigation into the facility.

They were less than impressed with the jailer who was having sexual relations with a female inmate – a flagrant violation of the federal Prison Rape Elimination Act. Interestingly, the jailer accused of having sex with an inmate, even though later cleared of the allegation, was ultimately fired when he refused to resign. He filed a wrongful termination lawsuit.

If you are in a situation where you see something illegal going on around you, reach out and contact an experienced Ohio whistleblower attorney. These cases are difficult and you will want to know what will happen when you file suit and what the possible outcome may be.

Tom Robenalt is a Cleveland, Ohio whistleblower attorney To learn more, visit Christophermellino.com.

How many people do you know who have dreamt, and maybe even tried, to rip the government off when it comes
to filing taxes or for performing work they did not perform? Stories abound about it. Movies are made featuring
big wheels with lots of money, trying to hide it “somehow”.

Lately, the “somehow”, is to attempt to defraud the federal government by helping other commit tax evasion
and committing other forms of fraud, such as Medicare overbilling, by using the wrong codes, or performing
unnecessary procedures, or billing for procedures not performed. The possibilities for ripping the federal
government off are legion, and whistleblowers have many an opportunity to blow.

Call it under reporting, or fiddling with the numbers, or an indirect fabrication about the facts, but the fact is, fraud
is alive and well, and living in the U.S. As Cleveland, Ohio whistleblower attorneys, we are seeing an increase in
cases such as this.

Sometimes perpetrators get away with it, for a period of time, and then, the government catches up with them.
Consider the latest story to hit the media; a record breaking $104 million award to an IRS informant. There is more
to this story, but the salient point is the informant was a former banker, who revealed a scheme commonly used
by banks, which helped clients to evade paying taxes.

The former banker, now a convicted felon, was paid one of the largest rewards in history by the IRS for his
information. The tax cheat facilitator turned himself in, offering information to prosecute himself, and his now
former client. On prosecution, the IRS and their attorneys acknowledged they could not have succeeded without
his information and cooperation. Said banker ratted on a tax cheat he was helping, went to jail and will come
out 40-months later a millionaire. Indeed, truth is stranger than fiction. Not all cases are like this one. This is an
exception to the usual rule of thumb.

Can anyone turn in a tax cheat or reveal a scheme to defraud the government? Yes, however there are some
rules and regulations you need to know about. Documentation of the scheme is king, as is confidentiality. The
whistleblower program has been revamped and there are several criteria: the large awards program and the not so
large awards program, with the distinction being the percentage of reward an informant may garner later.

The large awards program is applicable when taxes, penalties and interest on a fraud case are in excess of $2
million or, if the taxpayer is an individual whose gross income is in excess of $200,000. Under this program, the
award percentages run from 15 percent to 30 percent of what is ultimately collected after prosecution. The not so
large awards program is for those who do not qualify under the large awards program, and offers 15 percent of the
actual collected proceeds.

You definitely need expert legal assistance from a Cleveland, Ohio whistleblower attorney, to file a whistleblower’s
case. This is because the IRS wants any submissions to make sense, come complete with legal evidence and an
attorney’s memorandum spelling out the law. If it is easy for them to pick up the complaint and run with it, the
chances are higher it will be pursued to conclusion.

Keep in mind whistleblower cases are not about keeping things short, sweet and simple. They typically are lengthy
matters: however, new rules have been passed to expedite the process in certain cases. Your attorney will explain
the situation.

Tom Robenalt is a Cleveland, Ohio whistleblower attorney To learn more, visit Christophermellino.com.

Federal and State Drug Laws
Although in earlier times drugs were an accepted part of many religious rituals and were lauded for their medicinal effects, society’s view of drug use changed and the first narcotics laws began to appear in the early 1900s. In 1970, the federal government passed the Drug Abuse Prevention and Control Act, which codified federal drug law into a uniform system. The Act classifies drugs into five categories, listed in schedules, and establishes regulatory requirements and penalties for the misuse of the drugs on each schedule. The Act also allows the United States Attorney General to add drugs to the schedules as necessary. Most states have drug laws that mirror the federal act, but the penalties may be less harsh and more flexible under state sentencing schemes than under the federal sentencing guidelines. A conviction of simple possession, for example may receive a sentence under state law of drug treatment rather than jail time, and probation may be available to first-time offenders for even the more serious crimes.

The most severe legal restrictions and penalties involve Schedule I and II drugs as set forth in the federal law. Schedule I drugs are those with a high potential for abuse, with an absence of any medical use, and that are dangerous to the user even under medical supervision. The most well known of these drugs are heroin, LSD, mescaline, marijuana, and peyote. Schedule II drugs have a high potential for abuse and a high potential for severe psychological or physical dependency, but a currently accepted medical use. Schedule II drugs include opium, cocaine, methadone, amphetamines, and methamphetamines. Schedule III drugs, by comparison have less potential for abuse than Schedule II drugs, a potential for moderate psychological or physical dependency, and an accepted medical use. The most well known Schedule III drug is naline, which is used to detect narcotic use. Schedule IV drugs have less potential for abuse than Schedule III drugs, they have a limited potential for dependency, and they are accepted in medical treatment. These drugs include tranquilizers, meprobamate, chloral hydrate, most drugs that cause sleep, and sedatives. Schedule V drugs, which have a low potential for abuse, limited risk for dependency, and accepted medical uses, include drugs with small amounts of codeine or other narcotics in them.

Drug-Related Crimes and Penalties
The federal sentencing guidelines begin with forty-three base offense levels for drug charges and add or subtract a few levels depending on certain specified criteria. The higher the offense level, the harsher the sentence. The base offense level under the federal guidelines differs for different drugs and for different amounts of the same drug. For instance, if the conviction is for the crime of manufacturing 300 kilograms of heroin, the base offense level is forty-two. If the conviction is for manufacturing 300 kilograms of cocaine, the base offense level is thirty-eight. Crack is a form of cocaine and is listed on the same schedule of controlled substances, but the quantity of crack needed to impose a certain sentence is much less than the quantity of powdered cocaine. A person convicted of the crime of delivering five grams of crack will receive a sentence in the federal system of five to forty years, for example, whereas to receive that same sentence on a cocaine charge, a person would have to be convicted of delivering 500 grams of powdered cocaine. It is essential for an accused to be represented by attorneys who have experience navigating these sentencing issues.

The crime of “simple possession” requires that the offender knowingly and intentionally possess a scheduled drug without a valid prescription. The government must prove that the offender knew the drug was a controlled substance and that he or she had either actual possession of it or other control over it, either alone or with another. The federal sentencing guidelines provide for a maximum of one year in prison for a first offender, a maximum of two years in prison for a second offender, and a maximum of three years in prison for a third or higher offender. The sentence for possession of more than five grams of crack cocaine, however, is increased to a minimum of five years in prison, even for first-time offenders.

Manufacturing, delivering, or possessing with intent to deliver a controlled substance is a crime with escalating penalties depending on the drug involved, the quantity of the drug, and the offender’s prior record. For example, a first offender convicted of possessing with intent to deliver 100 grams to five kilograms of heroin will receive a mandatory minimum sentence of five years in prison, but possibly as many as forty years. Three crimes-distributing controlled substances to persons under twenty-one years of age, distributing controlled substances near a school, and causing persons under age eighteen to violate drug laws-are penalty-enhancement crimes for which the sentence is double or triple what it would otherwise be for distributing that particular amount and type of drug under other circumstances.

The offense of “continuing criminal enterprise” is charged when the defendant commits a felony drug violation as part of a continuing enterprise or scheme with five or more individuals, and from which substantial income is derived. The penalty is twenty years to life in prison, or even the death penalty if the offender intentionally kills another in the course of the enterprise.

Drug crimes carry harsh penalties, particularly under the federal law. If you have been charged with a drug-related crime, you could be facing time in prison-a frightening thought for most people. If your future is on the line because of a drug charge, do not hesitate to call an experienced criminal defense attorney, who will put his or her skill and knowledge to work for you at once.