Like any white collar crime, wire fraud should be taken seriously. Wire fraud involves the same elements of any other fraud, with the inclusion of the use of electronic media. Wire fraud is a federal offense and therefore is investigated by the federal government. Cases of wire fraud are usually carefully and heavily investigated. According to the Cazayoux Ewing Law Firm, federal prosecutors take an aggressive stance toward anyone they suspect of attempting to commit fraud in order to maintain the legitimacy of the marketplace. All of these factors mean that wire fraud accusations should be taken seriously.
The United States Department of Justice outlines the elements of wire fraud. The first element of any fraud is the intent to deceive. This deception involves the defendant participating in a scheme with the intention of earning money. Intent is an important part of any fraud that must be proven by the federal prosecutors. In the case of wire fraud, the accused must not only have intended to defraud another party, but it must have been reasonably foreseeable that interstate wire communications would be used to enact the scheme. Interstate wire communications could include telephone calls, fax machines, television, or even the Internet. Finally, the prosecutors must prove that the defendant used wire communications in the course of the fraud.
Wire fraud schemes can take many forms. A common example of wire fraud that uses the telephone is a telemarketing fraud. A telemarketing fraud is a fairly simple scheme that involves someone calling a target, making a false statement, and then misrepresenting his or herself in order to deceive the target. Some common forms of this scheme include the caller pretending to be a company requesting access to the target’s computer in order to fix a pretend virus. The general goal of all telemarketing schemes is to discover the target’s personal information in order to gain access to his or her bank account. The Nigerian Prince scam is possibly the most infamous example of this type of scam and involves the use of email rather than the telephone. Although there are many variations on wire scams, most of them attempt to discover a person’s personal information and all of them intend to defraud targets out of money.Read More
Sending an elderly family member to a nursing home is one of the toughest decisions. When you have decided to send the elderly to these facilities, you expect the best treatment for your loved one. The bad news is that life for the elderly in these facilities is much more difficult. The website of Karlin, Fleisher & Falkenberg, LLC reveal that the elderly end up being abused in the facility where they were sent.
The Centers for Disease Control and Prevention considers physical abuse as a form of maltreatment. This usually happens in elderly people who are more than 60 years of age. Physical abuse may usually come from a caregiver, acquaintance, nurse, doctor, family, or other persons.
Elderly physical abuse may include but are not limited to the following:
- Broken, fractured, or dislocated bones
- Scars or bruises that appears on both sides of the body
- Broken eyeglasses or other personal belongings
- Drug overdose or refusal to take medicines
- Rope marks on wrists which indicates restraint
- Repeated falls or injuries, or previous injuries left untreated when they happened
- Blood or discharge coming from the nose, mouth, or even genitals
Failure to report physical abuse of an elderly can have serious consequences. It may result to bleeding or infections. If not treated immediately, physical abuse may result to serious health and emotional problems. If done repeatedly, the elderly can become seriously injured or even die. It may also cause depression on the part of the elderly.
Elderly people are prone to being abused because of their frail body and declining health. Likewise, caregivers or even the family members of the elderly may no longer have the patience to care for them. As a result, they will just hurt them to the point of seriously injuring them or even causing their death. Getting physically abused is certainly not the way elderly people would want to spend their last few years.Read More
The construction site is an inherently dangerous place to be in. It is full of hazards that can cause serious injuries to construction workers. The website of Karlin, Fleisher & Falkenberg reveals that these risks can be greatly reduced by putting in place safety regulations and implement safe working practices. One of the biggest hazards in the construction site are falling debris. Here are some of the reasons for falling debris in the construction site:
Insufficient barricades. Pedestrians should maintain a safe distance when passing by a construction site to prevent being injured from falling debris. The owner of the construction site must ensure that there are enough barriers near zones where there are falling objects.
Insufficient signage. There should be clearly visible signs around the construction site instructing workers to place their hard hats.
Failure to inspect equipment. Falling debris happen as a result of equipment being defective and weak. They can be subjected to wear and tear. Hooks, cords, and other devices that secure objects to cranes, hoists, and other objects have become old and weak. They should be regularly checked as they are subject to wear and tear.
Failing to secure tools and equipment. Tools are commonly the cause of falling debris related injuries. They should be properly secured so they would not fall on other people.
Not installing nets and other stopgap measures. Nets can help catch falling objects which can hit innocent bystanders or pedestrians.
It is the job of the contractor to ensure a safe and conducive environment for workers. Injuries due to falling debris can give authorities a reason to review the safety policies of the construction company. If it can be proven that the construction site was unsafe, the contractor can be sued and held liable for any injuries that workers or others who were harmed incurred. The victims of the accident may be entitled to receive compensation.Read More
You May be Qualified to Receive Cash Benefits from the the Social Security Administration Without Knowing It
Supplemental Security Income (SSI) or State Supplementary Payment (SSP) is one of the two largest programs of the U.S. Federal government (the other is that is the Social Security Disability Insurance or SSDI. SSI was introduced by the Social Security Administration (SSA) in 1974; it was designed to provide cash benefits to the aged, the blind, and disabled people, who are with little or without income; this cash benefit should help provide for its recipients’ basic needs, which include food, clothing, and shelter. Specifically, SSI is designed for:
- Disabled adults who have limited income and resources;
- Disabled children who are younger than age 18 and who have limited income and resources; and,
- People 65 years old or older who are without disabilities, but who meet the financial limits set under the federal benefit rate (FBR). (The FBR represents both the SSI income limit and the maximum monthly dollar amount paid by the SSI program.)
For 2016, the monthly income limit under the FBR is $733 for individuals and $1,100 for couples. Determining eligibility for SSI benefits, however, is not as simple as it seems as the SSA has its own method of income limit computation. Add to this the “state supplement,” that is the cash that majority of states in the U.S. (except in eight states which include Arizona, Arkansas, Georgia, Mississippi, Oregon, Tennessee, Texas, and West Virginia) add on top of the federal SSI payment – this addition increases not only the total amount of SSI payment a beneficiary will receive, but the limit of income too.
In an SSA website with address, https://www.ssa.gov/ssi/text-eligibility-ussi.htm, the terms “disabled” and “blindness” based on SSA definitions are explained. The site also lists what the SSA considers as income and resources, as well as gives the conditions that will render a non U.S. citizen/alien eligible to receive SSI benefits.
With regard to disability, the SSA considers a child (anyone below 18) or an adult (those aged 18 and above) if he or she has a “medically determinable physical or mental impairment, (including an emotional or learning problem) that:
- Has lasted or can be expected to last for a continuous period of not less than 12 months;
- Results in severe functional limitations (in the case of children) or results in the inability to do
any substantial gainful activity (in the case of adults); and,
- Can be expected to result in death.” ( https://www.ssa.gov/ssi/text-eligibility-ussi.htm)
With regard to “income” and “resources,” for SSI purposes, income includes: money earned from work; money received from other sources, such as Social Security benefits, workers compensation, unemployment benefits, the Department of Veterans Affairs, friends or relatives; and free food or shelter. Resources, on the other hand, refers to things personally owned, including: cash; bank accounts, stocks, U.S. savings bonds; land; vehicles; personal property; life insurance; and anything that could be converted to cash and used for food or shelter.
As mentioned in the website of the Hankey Law Office, cash benefits payed by the SSI program definitely offers many Americans the much-needed relief from difficult situations. It has and still continues to help improve the quality of life, especially of those struggling to make ends meet. Many times, however, applicants for the benefit, despite eligibility, get denied due to technical and/or other forms of problems. While a person and his/her family can freely file an application on their own, having an experienced SSI attorney, who can help them through the lengthy and complex process, can present many advantages which may even result to the immediate release of benefits, especially if the medical condition of the patient is determined by the SSA as necessitating expedited payment.Read More
Couples who have a child or children, but who decide to end their marital union through divorce, still have the legal obligation of making sure that all the needs of their child/children are provided for. This legal obligation, which is more commonly known as child support or child maintenance, is paid on a regular basis (usually monthly) by a non-custodial parent to the custodial parent or to whoever has been determined by the court to care for the child/children (like a guardian, a caregiver or the government itself). Courts usually name a custodian other than the parents if both parents have been declared unfit to care for their child or if both parents will not be able to perform their parental duties due to serious medical condition).
Child support is one of the major issues which spouses or those who enter into a relationship and have a child will need to settle due to divorce, annulment/dissolution of a marital/civil union, or separation. Determination of child support is made by a court order, being such, its payment, therefore, is a legal obligation (even if the non-custodial parent were to declare bankruptcy, payment of child support cannot be dismissed). Non-payment of this court-ordered support can mean fines and jail time for the non-custodial parent.
Despite the risk of punishment, however, thousands of cases have been reported over the years, specifically of non-custodial parents fleeing to other states to be able to escape payment of child support. Due to this, the Child Support Recovery Act (CSRA) was passed in 1992. Under this Act, the Federal government, state and local authorities are able to assist one another, especially, in determining the whereabouts of those who try to escape child support payment. Non-custodial parents, who are also found to owe at least $2,500 in child support, will not be able to receive a U.S. passport. This mandate is declared by the US Passports & International Travel of the US Department of State’s Bureau of Consular Affairs. It is only upon settlement of owed amount will application for a passport be accepted, however, it may still take the Passport Services two to three weeks before the processing of passport application gets approved).
To better provide assistance to custodial parents who seek payment for child support or child support arrears, “Title IV-D” agencies have been created in each state. One major task of these agencies is the maintenance of a State PLS (parent locator service), which helps in locating hiding non-custodial parents.
A non-custodial parent, after his or her whereabouts has been discovered, may be made to face federal prosecution if it can be confirmed that he or she willfully failed to pay child support, skipped payment for more than 1 year, or the amount owed is more than $5,000. As explained in the website of The Maynard Law Firm, PLLC, computation of child support amount varies by state; in Texas, however, the Texas Family Code generally provides that non-custodial parents should pay at least 20% of their net resources or the support of one child, 25% for two children, and 30% for three children.
There comes a time when the financial situation of non-custodial parents changes, rendering them unable to continue paying the amount originally agreed upon.Read More
Head injuries range in intensity. They could influence a person for as long as 2-3 weeks or as long as their life’s remainder. Potential causes of brain injuries are falls, athletic games, or car accidents. Types of brain injuries include concussion, contusions, diffuse axonal, and penetration.
Concussions occur when there has been a direct blow to the head. They are the most usual type of brain injuries, and can be a consequence of various kinds of injuries. According to the website of Hankey Law Office, potential examples in which concussions can happen contain slamming into the steering wheel, hitting the ground hard, or wrecks. Internally, a person’s bloodstream vessels are elongated and nerves might be broken.
Like concussions, contusions will also be caused are an immediate impact to the head. However, contusions involve a bruise on the brain. In the event the contusion is significant enough, it may have to be surgically removed.
Diffuse axonal results when a person’s mind spun or h as been strongly shaken, and the brain does not move with all the cranium in compliance. Diffuse axonal may cause nerve cells to split, hence resulting in comas or brain damage that is permanent. Typically connected with automobile accidents, this type of harm is quite severe.
Finally, penetration is when a foreign object enters the brain during an accident. This type of injury can cause tearing, extending, or break of brain tissue. Infiltrating things may ricochet through the head, or can undergo the skull, mind, and right back out of the skull. The victim ought to be taken to the emergency room immediately when a penetration injury happens.
Brain injuries may be devastating to a person’s lifestyle. The process is often unpleasant and extended while rehabilitation is an option for recovering from a brain damage. They ought to get medical attention as soon as possible when there is associated with an accident a man inflicted using a brain injury.Read More