Embezzlement, a Pre-meditated White-Collar Methodical Crime

By on 2-17-2017 in Uncategorized

Embezzlement is one form of white-collar crime. It is committed when a person misappropriates assets that are entrusted to him/her. This pre-meditated and methodical crime, more likely, gets discovered only after a large portion of the funds (entrusted to a person) gets needed at one time or if a complete and independent accounting of all real and liquid assets is suddenly required – this is after millions or billions of dollars have already been embezzled.

Like the crime larceny, embezzlement also involves the taking of someone else’s property. However, unlike larceny, which anyone can commit, embezzlement is committed by someone to whom property has been entrusted. The crime of embezzlement is deliberately and methodically performed. By repeatedly embezzling only a small fraction or proportion of the total resources or funds and falsifying records in order to minimize risk of the detection, an embezzler can continue committing this crime for years or even decades without being detected. Some past embezzlement schemes are deemed very successful as these went on for many years before these were discovered. This is due to the embezzler’s skill in concealing the nature of the transactions or in gaining the full trust and confidence of investors or clients.

Laws on embezzlement may be federal or state-based. On the federal level, embezzlement laws target those who steal from the government. On the state level, laws go after public officials working for state and local governments, as well as people who do not work for the government.

An embezzlement case, under federal statute 18 USC 3282, may only be pursued within five years of the commission of the offense. Those convicted will be punished based on a point system. Base Offense Level, which is six, is the point assigned to those who have embezzled $5000 or less; the highest offense level is 36, which can be assigned to those who cause losses more than $400 million.

As explained by the law firm Horst Law, a criminal defense attorney “can explain, if you have knowledge that you’re being investigated for a crime or have already been charged, it’s important to consult with an attorney as soon as possible. Criminal suspects are afforded important constitutional protections such as a prohibition against unreasonable searches and seizure. These protections attach during phases of the investigation such as a search of your home or computer, arrest, questioning, etc. Your attorney can review the evidence against you and how it was obtained to determine whether any improprieties may form the basis for a defense.”

First Aid: Treating Burn Injuries Caused By Defective Products

By on 10-20-2016 in Defective Products

One of the world’s biggest manufacturers of electronic devices is currently at the receiving end of mounting complaints due to a major defect in one of their products. Samsung has already issued a recall for their Galaxy Note 7 smartphones after reports from consumers described incidents of the phone exploding and catching fire.

Considering that smartphones have become an integral part of most people’s lives, news of Samsung’s defective product is particularly alarming. Most people spend the entire day with their phones on hand or nearby. Accidents caused by an overheating or exploding battery can cause some serious burn injuries that would require first aid help.

Burn injuries caused by defective products usually require immediate medical attention. If you have been injured by an explosion caused by your defective mobile phone, you should head to the nearest emergency room to get your injuries properly examined. Remember that first aid treatment is only meant to ensure that you’re comfortable and that your injuries are properly contained before professional medical intervention.

First aid for your injury will depend on the severity of the burn you have suffered. In medicine, burn injuries are categorized in three ways. First degree burns refers to injuries that are superficial, only affecting the topmost layer of the skin. Second degree burns cause damage that goes deeper in to the skin, extending beyond the epidermis. Meanwhile, third degree burns are considered the most severe, with damage extending to most layers of the skin. You can identify the severity of a burn injury by taking note of how it appears. First degree burns cause redness and some swelling. Second degree burns cause blisters and some appearance of thickening in the injured skin. Lastly, third degree burns cause widespread thickness in the skin that may look charred, white, leathery, or waxy.

Treating first degree burns are the easiest, as they typically won’t require any more medical intervention. Simply submerge the injured skin under cool water for three to five minutes. Take note that the water needs to be cool and not cold in order to avoid further damage to the skin. You can then apply a generous amount of burn ointment or aloe cream to your injury and later cover it up with bandage or gauze.

For second degree burns, run the injured area of the skin under cool water for fifteen to thirty means, or until you notice the pain subsiding. If it’s possible, you should also try disinfecting the burn by washing it with mild soap and water. Before you see a doctor that can assess for any further damage, remember to bandage up your injury, being careful to avoid breaking open blisters. The same procedure follows for minor third degree burns. For major burn injury, contact 911 right away and do what you can to keep the burned area clean and protected by covering it with a cool and moist bandage or clean piece of cloth.

After your burns have been treated by a medical professional, you might want to consider taking the next course of action. To help protect other consumers from similar injuries, consider reaching out to a personal injury attorney to learn more about possible legal actions you can take. Those in Illinois may contact a Chicago accident lawyer for more information.

Chapter 11 Bankruptcy

By on 6-17-2016 in Bankruptcy

With the technology advancing as fast as it is today, startups are popping up in every nook, cranny, and niche of the market place. Starting these infant businesses are undoubtedly both exciting and fun, but they come with immense risk with The Wall Street Journal stating nearly 3 out of 4 new startups failing in 2012. While 3 out of 4 may sound terrifying to all new ambitious college students, there are many financial tactics that can be taken to prevent such failure. One in particular that tends to befuddle the public is filing chapter 11 bankruptcy.

Chapter 11 bankruptcy is typically labeled as a “reorganization” bankruptcy, and with it a business is able to reorganize both its business plan and its debts to repay the companies creditors. Furthermore, according to Bradford Law Offices, PLLC, companies that file for chapter 11 also have a higher possibility of obtaining loans at more favorable rates to help refinance debts. Perhaps the most significant aspect of chapter 11 however, is the ability to continue to operate business throughout the entire process. This gives CEO’s and company founders an honest chance to save the company that they helped create, and stopping business for any amount of time can prove detrimental for any growing startup.

While typically corporate behemoths file for chapter 11 bankruptcy, small businesses receive special attention when applying and can be a useful tool to continue normal operations. Small businesses do undergo a slightly different form of chapter 11 as they receive more government oversight and must provide additional financial information such as cash flows, projected cash receipts, and must also attend an initial interview with the U.S. trustee before a chapter 11 bankruptcy can be granted. Filing for bankruptcy is never an ideal situation for any company, but for startup founders that truly believe that their project can succeed filing for chapter 11 bankruptcy could be the last lifeline they need before creating something Awesome.

Insurance coverage available for motorcyclists in Illinois

By on 2-12-2016 in Vehicle Insurance

According to the website of the Texas Bar, the state of Illinois makes sure that all vehicle owners in the state are required to get insurance coverage for them to possibly avoid great financial difficulties. As such, motorcycle owners should also have insurance policies.

Though motorcycle owners in Illinois are by default covered by the required insurance policy, they might consider upgrading their policies as motorcycles are more likely prone to getting involved in accidents. Often motorcycle drivers and their occupants suffer incapacitating injuries when they got involved in accidents with other vehicles. Such injuries may happen even they wear helmets or leather jackets. Serious injuries like broken bones, lower limb injuries, concussions, brain injuries often require prolonged treatments. A 2012 data of the National Highway Traffic Safety Administration (NHTSA) revealed that there were 4,957 motorcyclists died in that year after being involved in road accidents. The recorded data is higher by 7 percent compared to the previous year. The NHTSA also said that compared to four-wheeled vehicles, motorcyclists are over 26 times at risk of dying in accidents. Factors like insufficient stability and limited body protection are often linked to motorcycle accidents.

Impacts of such accidents can be reduced when motorcyclists have decided to upgrade their insurance coverage. Motorcyclists in Illinois really have to consider having a well-crafted insurance policy as wearing a protective helmet is an option in the state. Insurance agencies can help motorcycle owners customize their insurance policies to suit their needs. Aside from medical payments, coverage options like towing services, repairs after having a collision, or some actions that resulted to motorcycle damage can be acquired.

Aside from proper care and protection on the road, motorcycle riders should make sure that they always carry their insurance card. At some point authorities like traffic personnel require motorcyclists to inspect their insurance card.

Fighting Wage Theft

By on 8-09-2015 in Business

Despite being one of the most progressive and diverse cities in the United States, New York is still suffering from many employment and wage issues that are still affecting their workers. One of the things that the workers are fighting for are the unpaid wages that minimum wage earners have been denied.

The report has accompanied the launch of a state legislation headed by Assemblywoman Linda Rosenthal that intends to simply the process of collecting unpaid wages to workers. The bill proposes three improvements: (1) to grant every worker the right to a temporary lien on their employer’s property for unpaid work, (2) permitting workers who filed unpaid wage claims to temporarily hold the employer’s assets while litigation is ongoing if the lawsuit is likely to succeed, and (3) to facilitate the collection of wage theft judgments from the main owners of private companies easier for the workers. For a New York City overtime lawyer representing such workers, however, it can be a very difficult task.

Many of the employers who have are facing unpaid wage claims and have violated labor laws have simply refused to show up in court hearings and continued to ignore the laws, often creating fraudulent companies in order to bypass liability. According to the website of Habush Habush & Rottier S.C. ®, some have even resorted to hiding their assets and properties to evade eventual judgments. And the problem is not in the state of New York alone. The fast food industry, despite being one of the fastest growing industries in the country, it considered the most susceptible to wage theft, with 9 out of 10 of their workers falling victim to wage theft.

Business Process Outsourcing

By on 8-07-2015 in Business

The exponential growth of the Business Process Outsourcing (BPO) industry in the Philippines in the past 10 years has made it one of the leading contributors for the country’s Gross Domestic Product, or GDP. The Philippines is not one of the top call center destinations in the world, with Manila ranking as 3rd BPO haven. The upsurge growth of the BPO industry in the Philippines is showcased by the increasing revenues and job production as backed by recent investments. According to the website of Pinoy Partners Outsourcing Center, Inc., many companies who have chosen to embark on a BPO relationship with the Philippines have reinforced the country’s reputation an being a center of exceptional global, labor-intensive and IT-qualified outsourcing services. The Philippines are quickly becoming one of the busiest places to send to for offshore labor.

Aside from the growing call center companies and small start-ups that are establishing themselves in the Philippines, prevailing growth markets of non-voice services such as research and analytics for financial, legal and health care services have also been on the rise. The government recognizes the importance of these non-voice services, and understands that they are more likely a long-term operation because they are harder to pull out.

One of the reasons why the BPO industry is booming in the Philippines is due part to an ample amount of resources; employee and even applicants already come equipped with proficiency in the English language, both written and spoken. Many of the young employees are career-driven, a particularly appealing trait to international BPO companies. Because of the growth in the BPO industry, those who are employed there have become a great part of the country’s growing middle-class population, and thus have helped the rapid growth of other industries such as the transportation, food and hospitality services, and entertainment. This has greatly helped the economy, and the country overall. As you can see, outsourcing is profitable for those being outsourced and those outsourcing!

Claims You can Make after a Car Accident

By on 8-06-2015 in Car Accidents

Filing for an insurance claim after a car accident can be tricky and complicated. It is always important to have documents and reports that you could use to back up your claim, as each circumstance can be different. However, even with the differences in circumstance, the process by which insurance claims go will be pretty much the same for everyone. For many Des Moines car accident attorneys, these processes and proof are the baseline for whether a compensation (for medical expenses, damaged property, lost wages, pain and suffering, etc) will be given or not.

There are generally two types of insurance claims that a claimant can file: a first party and third party claim. The type of insurance claim you will file will rely on who caused the accident, the type of accident, and the scope of the insurance coverage that the involved parties have. First party claims are the type you file to your own insurance company, such as when you were the one who caused the accident. Third-party claims, on the other hand, are the type that you file to the other party’s insurance provider. Third-party insurance claims are the most common ones, since it can be used any type of accident that is caused by another person or business.

It is imperative that the accident should be reported to the insurance company as soon as possible, and no later than 24 hours after the accident. You will have the responsibility of contacting the at-fault person’s insurance provider, and provide details of the accident and the magnitude of damage and injury that it caused. As it says on the website of Habush Habush & Rottier S.C. ®, car accidents can lead to serious or even life-threatening injuries. Filing an injury claim would be one way to have financial help after the accident. After all the documents and evidence is given and presented to the insurance provider, a settlement check will then be provided.

Drunk Driving in Texas

By on 8-05-2015 in DUI

The state of Texas, in accordance to their Texas Penal Code Section 49.04, consider driving while intoxicated (DWI, also known as driving under the influence or DUI) and often entails heavy fines, imprisonment and even possible criminal records. According to the website of the Law Offices of Mark T. Lassiter, these penalties that can haunt a person for a very long time, and can greatly affect their social, financial, and personal life. This is the reason why lawyers such as those from the  find it essential for those being charged with criminal DWI to have the best lawyers – without proper legal representation, a person charged with criminal DUI/DWI can suffer from undesirable penalties that can otherwise be avoided.

There are generally two types of punishments that can follow a DUI/DWI charge: administrative and criminal. Under the administrative charges, the driver’s license can be suspended. This suspension can happen even before the DUI/DWI conviction, or when refusing or failing a sobriety test or simply just being caught and arrested for DUI/DWI despite cooperating with the police. After the arrest, the driver will have to present themselves to court for arraignment, trial (or negotiated disposition), and sentencing. A DUI conviction will be considered a misdemeanor if there are minimal damages and injuries, but can be categorized as a felony if serious injury or death resulted from the DUI/DWI arrest. Other factors such as having a child inside the vehicle will be also be considered by the criminal court.

DUI/DWI convictions will afterward be a criminal record that, under the State of Texas, remains in the person’s records indefinitely. Texas state law does not allow the non-disclosure or expunctions of DUI/DWI convictions, and this would allow credit bureaus, employers, and any other authorized organization to access and view your criminal history. The website of Ian Inglis Attorney at Law states that a DUI/DWI conviction on your criminal record can have far-reaching effects, such as higher insurance rates, costly probation fees, and travel restrictions, among many others. It is therefore essential to find a lawyer who can help in preventing these things from occurring. As there are differences in each state laws regarding DUI/DWI, it is vital to get someone who works and understands the laws in your state, and how these regulations will affect the outcome of the DUI/DWI arrest.

What Happens (to my stuff) After Death?

By on 8-04-2015 in Assets after Death

Not everyone is comfortable or understands how estate planning or estate litigation works, which explains why approximately half of Americans are without a will, with fewer having an estate plan. Most people think that they don’t need to have a will or an estate plan because they don’t have an estate, but this is a misconception. Estate, in legalese, refers to everything (home, investments, personal property, retirement plans, bank accounts, and interest in a business or partnership) that you own in the time of your death.

Estate planning involves legal documents such as wills, beneficiary designation, revocable trusts, and many others. These legal documents will protect not only your assets and personal properties, but also your heirs and beneficiaries. Estate planning can prevent family conflict and expensive and long probate court proceedings, as well as unforeseen creditors. The will or living trust will provide instructions and details on the allocation of the property, while beneficiary designation specifically indicates to whom life insurance proceeds and retirement accounts go to.

Having left no will or any other legal document that discusses the distribution of the deceased person’s property, the estate will then be handled by the probate court in accordance to state law. The legal team at the Mokaram Law Firm often see how this results in conflicts between inheritors and sometimes these results are not what you would have wanted.

Finding the right estate lawyer can be tricky, so one thing you should look for is a good personality fit. Estate lawyers will be given the authority and durable power to handle the affairs of your estate, and they will be the people who will be dealing with your spouse or other family members in the event of your death. It is vital, therefore, that everyone can get along or be civil with each other. Additionally, it is just as important to find an estate lawyer well-versed in estate laws, not only in writing wills and being health care proxies.

Suing Your Employer

By on 8-01-2015 in Worker Accident

Accidents in the workplace can be dangerous, therefore strict safety gear and procedures are rigidly imposed on worker in dangerous industries. In most cases, workers are prohibited from suing their employers after a workplace accident. The reason for this is the implementation of workers’ compensation – a trade-off between the employers and injured workers, who will forgo their right to sue their employer in exchange for receiving workers ’ compensation benefits for workplace related incidents. However, even with this no-fault system, there are certain circumstances that would allow an injured worker to file a lawsuit against their employer or co-worker. According to the website of the The Benton Law Firm, here are some examples of situations that a worker can file personal injury lawsuit:

  • Intentional torts – a worker has the right to file a personal injury lawsuit against their employer if the actions and resulting damages were intentional in nature. The injuries are not limited to physical, but also cover for non-physical injuries like trauma and emotional distress. Examples of such intentional torts are: battery, trespassing, invasion of privacy, assault, defamation, false imprisonment, and many others.
  • Third-party torts – if the accident and injury were the result of negligent or reckless actions of a third party (that is, other than your employer), you have the right to file a lawsuit against that party, such as those who made and supplied defective equipment. When have been rewarded damages for the injuries, you may be required to give back a certain amount to your employer (or their insurance company) as payment for the worker’s compensation you have received. Another option is to have them as parties in the lawsuit in order to recover the pain value of worker’s compensation.
  • Wrongful termination or denial of worker’s compensation benefits – workers’ compensation claims are an administrative process, and therefore any appeal for the benefits awarded will only be welcomed only after all administrative processes has been expended and all the parties have not reached a settlement. You then have to pursue your claim in a special worker’s compensation board or a nominated court; you only have the option of going to the civil court system if you have exhausted all the legal administrative process.

There are a lot of factors that can affect the outcome of a personal injury lawsuit, and many Minnesota workers’ compensation attorneys would say that it can be difficult to prove in court.