The Law Planet Blog

Palm Beach County State Attorney Asks Judge To Disqualify Himself

Thu, 17 May 2012 08:02:47 -0800

Palm Beach County State Attorney Peter Antonacci has filed a voluminous legal motion asking Judge Barry Cohen to disqualify himself from all criminal cases. From my past experience, it is hard to believe attorney Antonacci’s claim has any merit. I have known Judge Cohen for my entire legal career of 25 years. I first met Mr. Cohen when I was a prosecutor working under David Bludworth. At that time Judge Cohen was a criminal defense attorney. Mr. Cohen presented as a competent, smart and ethical lawyer whose word was gold. Those of us in the legal community were excited and proud when Judge Cohen assumed the bench.

In his time as a Palm Beach County Court Judge, Mr. Cohen has proven to be the benchmark that judges should strive to achieve. He is hard-working, diligent, fair, polite and his knowledge of the law is extensive. Expressing displeasure with the current state of the criminal justice system is not an indication of his ability to be fair. If it were there would be no one left to try cases. I've tried cases as a prosecutor and a defense attorney in front of Judge Cohen, he is as steady a judge as any litigant could hope for. He delivers his sentences with well thought-out reasoning and compassion.

Critical Mistakes to Avoid When Separating or Divorcing

Fri, 11 May 2012 13:55:05 -0800

The process of separating or divorcing from a spouse is very stressful and emotional for most people. Many times, critical mistakes are made that can significantly affect a person's financial and emotional future. Here are a few suggestions on how to avoid causing yourself more harm.

Mothers & Wives Paying More Support These Days

Fri, 11 May 2012 13:41:19 -0800

A recent article in Reuters confirmed what many of us have been suspecting for the past several years. As women's incomes increase, so too does their obligation to support children and/or spouses under Florida's divorce code.

Alimony is now a two-way street and more women are paying men than ever before. The recent changes in Florida's child support statutes are now resulting in higher income mothers paying child support to fathers.

With the equitable distribution statute mandating a 50-50 split of assets/liabilities absent extenuating circumstances, many women are now getting the historic "bad news" that men have been receiving for years; not only are husbands receiving a 50% share of the assets/retirement accounts of their wives, they are also receiving child support and alimony. With the recent changes in Florida's child support statutes, it is not unusual for a father who has less than 50-50 time-sharing to receive child support.

For a free consultation on these new trends and changes to Florida's family law statutes, contact a florida family law attorney at the LaBovick Law Group to discuss your matter.

Florida Foreclosure Case Getting National Attention

Fri, 11 May 2012 06:49:07 -0800

Florida Supreme Court Puzzled Over Power To Sanction Party After Voluntary Dismissal

Florida Supreme Court Reviews Monumental Foreclosure Fraud Case

The Florida Supreme Court held oral argument today on the foreclosure case of Pino v. Bank of New York/Mellon, a lawsuit that is getting national attention and could possibly rollback a plethora of foreclosures and make banks vulnerable to severe financial penalties in the state of Florida.

The Florida foreclosure case was voluntarily dismissed by the lender after the borrower established fraudulent documents had been used to establish standing to sue. The trial court and District Court of Appeal held that once a voluntary dismissal is filed, the court has no power to do anything further in the dismissed case, even in the case of fraudulent conduct. The Florida Supreme Court accepted jurisdiction to address this issue.

During oral arguments from the florida foreclosure attorney of each side in the case, the justices appeared to be in conflict over the necessity of even deciding this issue. After realizing the Supreme Court was going to allow the appeal to proceed, the parties reached a confidential settlement and requested the appeal be dismissed.

The Supreme Court declined to accept the dismissal, indicating the question was too important to pass up. However, after listening to the oral argument, there appears to be a great probability that the appeal will be dismissed as many of the judges did not see the necessity of resolving this issue and several indicated that the solution should be in changing the Rules of Civil Procedure to address the "can't fix fraud" issue.

My bet is that this appeal is going to be dropped, but we will eventually see changes in the Civil Rules of Procedure that will allow trial courts to sanction fraudulent litigation behavior even after a voluntary dismissal.

Measuring Distance as the Crow Flies – Child Relocation Rules Clarified

Tue, 08 May 2012 08:38:54 -0800

Florida has a statute dealing with parental relocation and what steps must be taken in order to seek approval when wanting to relocate with a child. Florida Statute 61.13001 defines relocation as at least 50 miles. But is it 50 road miles or 50 miles as the crow flies? The Florida 5th District Court of Appeal appears to have clarified that issue in a relocation dispute in which the parties’ settlement agreement uses the same 50 mile distance. But the kicker is that agreement does not indicate which method of measurement is to be used.

Tucker v. Liebknecht has now solved the problem! It is 50 miles as the crow flies. Given the analysis in this opinion, parents wishing to relocate within 50 miles (as the crow flies) from their residence, have an argument that they do not need to seek approval. In South Florida, such a distance can encompass multiple counties. Relocating such a distance definitely affects time-sharing abilities and affects quality time when traveling such distances.
For persons who have questions regarding their rights under Florida's relocation statute, you can schedule a free consultation with a florida family law attorney at LaBovick Law Group.

Do rich people actually get a better shake at the courthouse than the average citizen?

Mon, 07 May 2012 13:51:26 -0800

As John Goodman's lawyers ready themselves for another round of attacks on the jury verdict, I am left wondering whether or not rich people actually get a better shake at the courthouse than the average citizen. Mr. Goodman, with his vast wealth, has been able to assemble a top-notch criminal defense team with Roy Black and Mark Shapiro. Yet, with all of their expertise, open expense account and expert witnesses, the jury still convicted Mr. Goodman of all charges. While the verdict is being attacked for a variety of reasons, it seems clear to me that even if Mr. Goodman gets another trial he will be still convicted. He's facing 30 years in prison, and it seems likely that the judge will parcel out that sentence.

On the other hand, a young girl, also charged with DUI manslaughter, was recently sentenced to weekends in jail for the next five years followed by 15 years probation. This sentence seems uncharacteristically soft for the local state attorney. That defendant did not have an all-star criminal defense team and undoubtedly will end up better off than Mr. Goodman.

Many other rich people who have been charged with crimes spent a lot of money defending themselves only to end up in prison. O.J. Simpson and Phil Spector come to mind. Money cannot change the facts. Money cannot influence the dynamic of a jury once they retire to the jury room to deliberate the case. So while I am left to wonder whether or not rich people get a better shake at the courthouse, I do feel confident in saying that the system works for everyone.

New Power of Attorney Act (POAA) May Require You to Update Current Documents

Thu, 03 May 2012 11:28:33 -0800

Attorneys: Do you have clients who signed Power of Attorney (POA) documents after October 1, 2011? Did you make sure to include two witnesses?

Clients: Did you sign a POA within the last six months? Make sure to call your attorney right away to ensure you signed the new one, or yours may be invalid!

To meet new POA requirements, all of these documents must also be signed by 2 WITNESSES (the notary is considered a witness). Below are the two excerpts from the 2011 Statutes with regard to how the change affects POAs executed prior to October 1, 2011 and those executed after October 1, 2011.

709.2105 Qualifications of agent; execution of power of attorney.
(1) The agent must be a natural person who is 18 years of age or older or a financial institution that has trust powers, has a place of business in this state, and is authorized to conduct trust business in this state.
(2) A power of attorney must be signed by the principal and by two subscribing witnesses and be acknowledged by the principal before a notary public or as otherwise provided in s. 695.03.
History.—s. 7, ch. 2011-210.

709.2106 Validity of power of attorney.
(1) A power of attorney executed on or after October 1, 2011, is valid if its execution complies with s. 709.2105.
(2) A power of attorney executed before October 1, 2011, is valid if its execution complied with the law of this state at the time of execution

USDOJ Extends ADA Deadline for Required Modifications of Existing Hotel Pools

Tue, 01 May 2012 13:27:20 -0800

The United States Department of Justice (US DOJ) announced an extension of the deadline for hotels and other public accommodations to modify their existing pool access for American Disabilities Act (ADA) compliance. The recent revisions to the ADA required every hotel and public accommodation with a pool to make significant and costly access modifications to their pool areas.

One of the required access modifications is the installation of a wheelchair lift on all pre-existing pools. However, there are not enough companies that make these lifts for the demand to be met. As a result of these concerns, the DOJ is extending the deadline and has announced a free webinar that will provide information and technical assistance regarding these requirements. The webinar will be held on May 9, 2012 from 2:30 to 3:45 PM EDT. Registration is now open, and those wishing to attend this webinar should go to http://www.ada.gov/regs2010/webinar_pools.htm.

LaBovick Law Group has a division devoted to representing businesses and property owners that maintain public accommodations that fall within the requirements of the ADA. Division Director Attorney Joseph R. Fields Jr. is the only Florida attorney who has been called upon to testify before Congress regarding abuse of the ADA by litigation groups and their attorneys. Persons or businesses with questions regarding their obligations under the ADA may set up a free telephone conference to address their needs.

Does a Seller Have to Disclose Everything to The Buyer About Their Home?

Fri, 20 Apr 2012 14:24:17 -0800

I wish it was as simple as stating "yes" or "no". Unfortunately, there have been so many lawsuits across the country between buyers and sellers regarding the "proper" disclosure, that there is now (for the most part) no excuse for Sellers' not knowing the proper standard.

The standard is a reasonable common sense standard. If the buyer can see the defect when they are inspecting your home, then you do not need to "tell them" (disclose) about the defect since it is readily observable. This, however, is not what results in lawsuits by the buyers. It’s the defects that the buyers can’t see,and later find out 6 months after moving into the home, that starts the lawsuit

What does this mean? As the seller, you are required to tell the buyers of defects that exist within your home, but that the buyers cannot see when they walk through your home. Prime examples are leaky roof, termites, or foundational cracks. As a seller if you know you have these problems or similar problems then you are required by law to tell the buyer so the buyer can make an informed decision on whether he/she wishes to still purchase the home.

Well, I know what you are asking now. What if I didn’t know? As mentioned before, this is a common sense standard so you are not required by law to disclose defects that you didn’t know about either. I still know what you are thinking now. As seller, I can probably identify 100 small little defects, i.e, chipped plaster in a small corner of my bedroom, stains along my floors in the kitchen or maybe a kitchen cabinet doesn’t properly close all the way. Remember, this is a common sense standard so only huge defects (material) that are not readily observable need to be disclosed. If the buyers would change their mind and not buy your home over the "defect", chances are the defect is material.

What this all boils down to is that as sellers you should put every known defect in your home on your seller disclosure to avoid any future liability.

So to conclude, just remember, when in doubt disclose in writing and you will be protected.

For more information on this and other real estate matters, contact one of our West Palm Beach lawyers at LaBovick Law Group.

Trayvon Martin Case - Zimmerman To Be Charged

Wed, 11 Apr 2012 12:02:44 -0800

It was recently announced that Zimmerman will be charged in the Trayvon Martin case. The State Attorney Angela Corey is going to have an announcement at 6 p.m. Wednesday to announce more details of the case.

George Zimmerman is rightfully being prosecuted for murdering Trayvon Martin. It shouldn't take a Grand Jury to figure out that a representative of our community needs to decide whether his excuse for shooting a child in cold blood is acceptable. That is what a jury is for.

The parents of Trayvon Martin are going through a grieving cycle that often times leads to animosity and hard feelings between the parents. When a child is hurt or dies at the hands of another, parents will search for reasons or excuses why it happened.

Sometimes they start to blame each other. Sometimes, like in this case, there are no rational explanations or reasons other than some crazy wacko had it out for a person that he didn't think belonged in his neighborhood.

Zimmerman's attitude belies an underpinning of discriminatory beliefs against someone because of their skin color. In Zimmerman's mind, Trayvon didn't belong and that gave Zimmerman license to question and kill.

Shame on The Media in The Trayvon Martin Case

As the parents go through the anguish of all of the press and publicity surrounding the Trayvon Martin case, please keep in mind that they need their privacy in order to grieve. Perhaps the media should back off and leave them alone for a while. The Trayvon Martin case is not going to trial for months, and the media doesn't need soundbites or video clips of the parents to increase their ratings.

Children Sports Leagues Must Be ADA Law Compliant

Wed, 11 Apr 2012 07:57:08 -0800

Since the passage of the Americans with Disabilities Act over 20 years ago, it is no longer uncommon to see persons with disabilities in all facets of society. But what about children with disabilities? Are children covered by the ADA law? Absolutely.

Child ADA Law Compliant Example

A recent complaint by the parent of a visually disabled child was recently settled with a requirement that the football league allow the child to a wear a tinted visor instead of forcing him to wear sunglasses that would fog up and fall off. Given the league’s only opposition to the request for an accommodation was that paramedics might have to remove the helmet to check the child's pupils in the event of an injury, the United States Department of Justice office in charge of enforcing private complaints had no trouble pointing to the dozens of professional football players who wear similar visors.

This case is a good example of parents being advocates for their children with disabilities. In situations where parents have done all they can do, and they are still not satisfied with the accommodation, an ADA law attorney with strong knowledge of the ADA laws and these types of settlements is absolutely necessary.

Contact an ADA Law Attorney

LaBovick Law Group has a division devoted to the rights of those with disabilities. Call the LaBovick Law Group at 888.777.3884 for a free consultation to discuss the ada guidelines and your options. The attorney team at the LaBovick Law Group help clients from our Palm Beach Gardens, West Palm Beach, Boynton Beach, and Boca Raton offices. We represent ada disability clients throughout Florida, including Palm Beach County, the Treasure Coast, Palm Beach Gardens, West Palm Beach, Jupiter, Boynton Beach, North Palm Beach, Stuart, Deerfield Beach, Port St. Lucie, Vero Beach, Lake Worth, Tequesta, Ft. Pierce, Lake Park, Riviera Beach, Boca Raton, Fort Lauderdale, Orlando, Tampa, Jacksonville, Miami, Pompano Beach, Hollywood, Coral Springs, Delray Beach, Greenacres and Wellington.

Is Bankruptcy The Right Choice

Wed, 11 Apr 2012 05:41:46 -0800

Ever since the complete housing market debacle, and subsequent economic turmoil including huge layoffs, the word bankruptcy has become a much more common term. It is a real concern for many consumers that are drowning in credit card debt, back taxes and delinquent mortgage payments.

Even the rich and famous are not immune. Warren Sapp, the famous NFL football player and Dancing With The Stars contestant, filed for chapter 7 bankruptcy a week ago here in South Florida. It was reported in court documents that he owes more than $6.7 million to creditors, back child support and alimony.

I get many questions emailed to me about bankruptcy issues, so I thought I would invest the time to answer a bankruptcy question I received recently.

Bankruptcy Question of The Day

A woman recently wrote asking "Can I declare chapter 7 bankruptcy and still be able to keep ownership of my car?" She asked this because she stated "I am concerned because I need my car to take my children to school and also for my commute to work."

The short answer is that, more often than not, you can find a way to keep it under Florida bankruptcy laws. If you have a car which is financed, and is worth less than what you currently owe, then you may ask the bankruptcy court to let you hold onto the automobile and keep making payments toward the debt. If the car is worth more than what you owe, you are still entitled to exemptions that protect some of the equity that you have in the car and you may be able to negotiate a deal with the bankruptcy court so that you can retain ownership.

For example, if you do not own a home or if you do not intend to keep the home you reside in as part of the bankruptcy, then an additional exempt $6000 of homestead protection may be attainable to protect that amount of equity in the automobile if needed.

Call the LaBovick Law Group at 888.777.3884 for a free consultation to discuss the bankruptcy process and your options. The Florida bankruptcy team at the LaBovick Law Group help clients from our Palm Beach Gardens, West Palm Beach, Boynton Beach, and Boca Raton offices. We represent bankruptcy clients throughout Florida, including Palm Beach County, the Treasure Coast, Palm Beach Gardens, West Palm Beach, Jupiter, Boynton Beach, North Palm Beach, Stuart, Deerfield Beach, Port St. Lucie, Vero Beach, Lake Worth, Tequesta, Ft. Pierce, Lake Park, Riviera Beach, Boca Raton, Fort Lauderdale, Orlando, Tampa, Jacksonville, Miami, Pompano Beach, Hollywood, Coral Springs, Delray Beach, Greenacres and Wellington.

Foreclosure vs. Short Sale

Mon, 09 Apr 2012 11:49:51 -0800

Foreclosure vs. Short Sale

Since 2007, the amount of people threatened by foreclosure has risen dramatically. I don’t think anyone could imagine the magnitude of the housing market meltdown and its aftermath. I often get questions about Florida bankruptcy laws. Below is a question that was recently posted asking about foreclosure vs. short sale.

Question: I’ve been without employment for over a year and cannot meet my mortgage obligations. The bank has threatened with foreclosure on our home. At this point, what are the available options for us, or is there none? Additionally, could you explain what the differences are between a foreclosure vs. short sale?

These are two very good questions that I am sure many wonder about here in South Florida and across the nation. Let me address the second question before discussing the best options.

Differences - Foreclosure vs. Short Sale

A short sale is when a homeowner gets the opportunity to sell their home for less than what is owed. A homeowner must negotiate with the bank and must have them agreed to lower the payment amount. The trick is to not get stuck paying out a large sum of cash to get the short sale to close. The advantage of a short sale is that, in 2012, you have no tax consequences on any money that is forgiven by the bank.

A foreclosure, on the other hand, is when the bank forces the sale of a home, because the homeowner hasn’t paid the mortgage and note. In foreclosure, homes sell for much less than what is owed. The borrower is not off the hook, as the lender usually places a judgment against the borrower for money still owed.

As far as what your available options are, my suggestion is to try to prevent a foreclosure, as this is not a good option. If you or anyone is threatened with foreclosure, look for a qualified foreclosure attorney so you may receive the best legal advice regarding your financial situation.

Florida Lien Laws - Homeowner Rights

Thu, 05 Apr 2012 12:33:52 -0800

Did you recently have home renovations done by a contractor or subcontractor to improve the quality of your home? Was more harm than good done by that contractor? If so, you are just another homeowner victim in South Florida to be taken advantage of by shoddy contractors and Florida’s construction lien laws.

Here’s a typical scenario: the renovations are not completed on time or done properly so you the homeowner refuse to pay the remaining balance, contractor refuses to do any more work until he is paid the outstanding balance, a standoff ensues which ultimately leads to the contractor placing a lien on your home. At this point, most homeowners feel helpless since they have no recourse to prevent these contractors from filing liens on the homeowners’ property.

Florida’s construction lien laws are very favorable to anyone who performs work on one’s home. In theory, Florida’s homestead laws prevent just about any creditors from coming after your home which is why the lien laws are so tough against homeowners when they hire people to perform work for them.

Florida’s lien laws also have a prevailing party attorney’s fee provision which means whoever wins also recovers all of their attorney’s fees. This means that most naive homeowners choose to pay to remove the lien even though nothing was done in accordance with the original proposal or contract for fear of paying attorney’s fees.

Prior to paying off the bad contractor and hiring a new contractor to fix and finalize the home repairs, a few very important things need to be done to ensure that you preserve your claim against the contractor. After all, if the work wasn’t performed or done properly and a lien was filed, then the homeowners have protections against “frivolous liens”. There are ways to remove the liens and recover attorney fees from the contractors.

Downfall of Florida Law Firm Causes Havoc in Courts

Tue, 03 Apr 2012 06:30:13 -0800

As many as 100,000 foreclosure cases in the state of Florida have been put in a state of flux with the undoing of the David J. Stern law practice. March 31, 2012 was the end of the road for Stern’s involvement in more than 100,000 foreclosure cases in which he is listed as the attorney of record. Some have speculated that many thousands of cases could be dismissed, unless lenders quickly hire another lawyer.

The David J. Stern law firm, founded in 1994, became one of the largest in the state of Florida by 2009. Most of its business was handed out by Fannie Mae and Freddie Mac, in which the Stern Florida Attorneys handled many thousands of foreclosures. By its peak, the South Florida lawyers were handling one out of every five foreclosure suits in the state of Florida.

But for much of his legal career, Stern has always been associated with allegations of unethical conduct. He had trouble in 1999, when he agreed to pay $2.1 million to borrowers who were overcharged for legal expenses and the subsequent cover-up by the firm via fraudulent documents. The straw that broke the camel’s back was in 2010, when allegations of illegal shortcuts, including robo-signing, became the center of attention across the nation. Stern’s firm was associated with these allegations, and as a result, the firm was fired by both Fannie Mae and Freddie Mac.

Stern, in a letter back in the beginning of March, wrote the firm is basically out of business. What is left is a mess in the Florida court system.

Over the last few weeks, progress has been made in cleaning up matters after the collapse of the Stern law firm. The Florida court system is paying more attention to these fraud allegations. But it’s a long road ahead.

Frank Albear, a West Palm Beach foreclosure lawyer for LaBovick Law Group, stated that repairs to the Stern files, where necessary, leave stronger legal claims that could protect future home buyers from having to defend title to their home.

Only time will tell how this legal mess will play out. Do you have an opinion? Leave a comment below and let us know your thoughts .

Free Foreclosure Fraud Review Underutilized

Mon, 26 Mar 2012 13:41:16 -0800

The housing meltdown has sent shock waves throughout the United States, with foreclosures reaching over 4 million. In an effort to help current homeowners that are on the brink of losing their home, the government initiated a program whereby homeowners can receive a free fraud review of their foreclosure to make sure there are no issues.

It was recently reported by the Palm Beach Post that few homeowners have taken advantage of the free foreclosure fraud review. Specifically, less than 3% of the total eligible for the fraud review have taken advantage.

It was reported that representatives have sent out over 4.3 million notices to those that qualify for the review, with only 121,725 people responding thus far. The initial deadline of April 30, 2012 has been pushed back to July 31, 2012, due to the low response.
Some of the main concerns with the program include:

1. A homeowner must have been in some process of foreclosure in 2009 and 2010 to be eligible. But it's only for a two-year period and a lot of the subprime loans went into foreclosure before that.
2. Concerns about whether homeowners would have to sign away rights to future claims if they accept an award for financial harm found during the foreclosure review.

One of the main reasons there has been such a low response is that many homeowners treat the mailing as another piece of junk mail. Homeowners receive several mailers regarding foreclosure assistance and it is believed by many that this correspondence blends in with the rest. Others believe homeowners think it is a scam.

I tell my clients to apply for the review, but only a handful have alerted me to the letters.

They get a lot of advertisements and there are so many scams out there that they might think it's just a scam. It's a bit of a hazy program.

Have you received a free foreclosure review mailer? Have you gone through the process? Leave a comment below discussing you experience.

Hotel Industry ADA Crisis with Pools

Fri, 23 Mar 2012 10:37:21 -0800

Hotels throughout the country are facing deadlines for providing access to their pools for persons with disabilities who use a wheelchair or other mobility device. As of this month, all hotel pools must have a lift or other method of entry for a person using a wheelchair. Unfortunately, there are not enough lift manufacturers or suppliers to cover every hotel in the nation.
Is the Department of Justice helping with this problem? Actually, no. When confronted with this developing problem several months ago, the Department of Justice issued a letter to the hotel industry which did absolutely nothing in regards to solving the problem. Given there are 51,000+ hotels in our nation, and substantially less lifts available, this is another example of the ADA gone bad.
Proper planning for the implementation of this change would have included provisions for where these lifts are going to be obtained from. The hotel industry is now faced with the prospect of substantial and costly ADA litigation over an issue that they now have no control over. Only time will tell whether this will be another federal government created debacle.
The easiest solution would be to shut down the pool and concrete it over. Was that what the ADA intended to do? Probably not.
The LaBovick Law Group ADA lawyers division provides legal and consulting services to businesses and properties that are open to the public. ADA litigation can be effectively prevented through compliance reviews available through this firm. For a free consultation.

What are the TOP THREE TAX RIP OFFS for 2012?

Wed, 21 Mar 2012 06:35:29 -0800

Nobody I know likes to be ripped off. I am sure that you would not enjoy it as well. It is unfortunate that this occurs, but is a reality that we all must face. In an effort to inoculate the public against being ripped off, each year the Internal Revenue Service provides a list of the twelve biggest tax frauds for that year. Many of these scams are simple in design and implementation, and well known methods of taking advantage of vulnerable people. These acts occur at all times of the year, but most of them come to fruition during tax season.

So as the tax deadline of April 15 quickly approaches, we want you to be aware of what is lurking out there. Most of the scams are easy to spot. Just remember a few cliches and you will stay safe.

First cliche – There are no free lunches!

Second cliche - If it sounds “too good to be true”, it is!

IRS List of Top Tax Ripoffs for 2012

Identity Theft
Phishing
Tax Preparer Fraud
Hiding Income Offshore
Free Money from the IRS
False or Inflated Income or Expenses
False Form 1099 Refund Claims]
Frivolous Arguments
Zero Wage Claims
Abusing Charitable Deductions
Disguised Corporate Ownership
Misusing Trusts

Let’s explore in more detail the top three:

Topping the list again is IDENTITY THEFT

Identity theft is the biggest problem in the electronic age. The internet and its electronic community have rushed forward, ahead of all methods of control, and create a “Wild West” atmosphere. The thing about the United States that makes us great is our respect for the rule of law. However, that is not true for the Internet. The controls, privacy protections, and rule of law are just not moving as fast as the Internet community is moving forward. False tax returns are one common way thieves take advantage of both the government and the victims. The IRS has stepped up efforts to control Identity Theft tax rip offs but because ID thieves use real social security numbers and easy to find personal information (see Face Book, Google +, and Twitter) it is a hard job. If you get a notice that more than one tax return was filed in your name, make sure you report it immediately. The IRS has create a significant system to catch ID theft on tax returns and last year they saved over $1,400,000,000 in taxpayer refunds, but the thieves are smart and the schemes are getting more and more complex. If you are suspect that your ID was stolen you need to contact the IRS ID Protection Unit at www.IRS.gov/identitytheft.

Fishing! No, wrong, sorry: Phishing!

Phishing is when ID thieves lure victims into giving valuable identity information to the ID thief. This is typically carried out using email requests or setting up websites that look and feel like a legitimate site. Because there is really no difference between a “Real Website” and a “Fraudulent Website” it is easy to mistake them. Once the ID thief has your information, you are likely to get ripped off.

Here is a KEY POINT with respect to the IRS. The IRS does not use email to collect, or even request personal information from taxpayers. They certainly do not use FaceBook, Twitter or any other social media to contact or collect information. Do not trust an email, FaceBook contact, or any electronic contact from the IRS. If you do get an email from the IRS, or even the EFTPS – which is the Electronic Federal Tax Payment System, that looks legitimate but was unsolicited, you need to report that to the IRS through their specially designed Phishing unit at phishing@irs.gov.

Preparer Fraud

Almost nobody understands the tax code. Certainly those simple to fill in return forms are a nightmare to get right. So, many of us use accountants, CPA's, or tax attorneys to help us at the end of the tax year. But the expense of paying for a professional is quite burdensome for most people, so they either do it themselves, or look for a more economical option. The “Economical” route has created a space in the market for fraudulent tax preparers. These thieves will take money out of their clients’ refund, or charge unfair fees to prepare the return. They promote their service with unrealistic promises of guaranteed, overinflated refunds. Further, these thieves then have access to your personal information and can steal from you twice!

Here are some good standards to look for when choosing a Tax Preparer:

Every paid “tax preparer” must get a “Preparer Tax Identification Number” (PTIN) from the IRS. This number must be placed on every prepared tax return. If your tax preparer does not have a PTIN then you should not sign the return.
Every Preparer should give you a free copy of the return. If you are not given a copy of your tax return there may be a problem. If your Preparer is promising to get you an incredible or unusual amount on your return, I would be very wary.
Tax preparers should be working on a set fee. They should not be on a contingency or commission basis and you should never have to pay the preparer from your refund.
Finally, never allow a preparer to convince you to put false information on a tax return. That means you can never put in false income or false credits. If you do you are subjecting yourself to double jeopardy, because the preparer will have you and the IRS will also not be happy with your false information.

As a firm that concentrates on IRS Tax Fraud including Qui Tam and Whistleblower Issues we want you to beware of tax season scams! If you believe you are the victim of a scam, you need to report it as soon as possible. The IRS Criminal Division and the Dept. of Justice take online, telephone and in person scams seriously. If you have questions or have information about a tax fraud where more than $2,000,000 is at stake, call our office to report the fraud. Remember, when reporting tax fraud you must be first in line, you must have convincing information, and you must secure your claim to get paid the “Relator’s Share”. Call our office for a free consultation: LaBovick Law Group at 561-625-8400, or email info@labovick.com.

Unprepared Injury Lawyers Appearing in Court

Mon, 19 Mar 2012 06:39:29 -0800

Around our courthouse here in West Palm Beach, Florida there has been a constant grumbling by our judiciary about unprepared injury lawyers appearing in court. They have stated their new “policy” of enforcing their pre-trial orders and holding the lawyers’ feet to the fire to get the cases tried and justice served.
In our country, the respective parties have a right to a speedy and public trial, this holds true not only for criminal cases but for civil disputes as well. With every case noticed for trial, the court issues a pre-trial order directing the timing of the case and handing out deadlines for the progress of the case.
I was in court the other day to object to a move by the other party who was trying to obfuscate the judge’s order by scheduling a medical exam of my client well after the applicable deadline. After much bluster, the court granted the other side’s request for this exam. This came over my strong objections to the contrary. My plea to the court centered on the respect for the rules of the court and orders handed down by the Judges that are equally applied to both parties. I realized, at that moment, that the same court in West Palm Beach, Florida that complains about lack of diligence on the part of the lawyers rewards this very conduct by refusing to enforce their own orders for fear of reprisal from insurance companies, the appellate court and who knows what else.
My job as an officer of the court is to zealously represent my client, uphold the constitution and the orders of the court. This is becoming increasingly difficult when the final authority allows its own rules to be broken but only after complaining about the parties being allowed to break the rules. Our system is what is really broken and it needs to be fixed from the top down.

How to Avoid Credit Problems by Your Ex

Fri, 09 Mar 2012 07:24:35 -0800

Many people think that after getting a divorce, their financial ties to their former significant other are now over. Unfortunately, that's not the case. Credit bureaus frequently are not up-to-date in regards to your marital status. Just because a judge has signed the divorce decree, doesn't mean all your problems are behind you.

More and more people are discovering that their former spouses either opened unknown joint credit during the marriage or shortly thereafter. To avoid this problem, the minute you think there's a problem with your marriage, consider placing a 90-day fraud alert on your credit. Obtaining your credit report from each of the big 3 credit bureaus early in the separation is also a good idea. This lets you know what is out there that you may not have been aware of.
Annualcreditreport.com is the best site to get your report from the big 3. After reviewing this report, if you discover any credit that you do not recall incurring, take the time to contest the entry. The report will explain how you can start the process. Placing a 90-day fraud alert on your credit also gives you protection from any unauthorized applications. If you wait until the problem arises after the divorce, you're doing yourself a disfavor. It will cost you more in the long run to fix fraudulent and unauthorized credit then it will to put up the necessary protections to save you from this problem.

Consulting with a family law lawyer will save you significant problems down the road. West Palm beach based LaBovick Law Group offers free consultations, so please don’t hesitate to call if you need advice regarding credit problems after a divorce.

Bigotry and Racism are Learned Behaviors

Wed, 29 Feb 2012 14:24:02 -0800

Recently our local paper published an article about two high school students in Palm Beach County who posted a racially-charged video on YouTube. While the school board struggles to figure out how to address the problem, the parents of the two teenage girls have hired a prominent criminal defense attorney. Oddly, the girls have not come out publicly and apologized or even attempted to explain their behavior. This is not an isolated incident by any means.

In Gainesville, FL a few weeks ago, two girls published a similar video on YouTube. I find this to be sad and frustrating at the same time. Our country has moved into the 21st century, and issues of racism, bigotry and prejudice should be behind us by now. In these instances, I blame the parents. Bigotry and racism are learned behaviors. Children learn most from the actions and words of their parents. While some may say it’s peer pressure and influence from outside forces that form these views, if the parents instill a strong moral compass in the child, outside influences can be denied.

I grew up in Detroit, Michigan, one of the most ethnically diverse cities in our country. My parents raised my brother and me in a way that we were colorblind and religiously tolerant. I cannot say the same for some of my acquaintances since we grew up in the era of the civil rights movement and social unrest. However, my bigoted acquaintances also had bigoted parents. As they say, the apple does not fall too far from the tree. We've come so far as the country in so many different respects it is a shame that we can't get past the base emotions of prejudice and bigotry. I am raising my children the same way I was raised, by being tolerant of others and by judging a person by the content of their character and nothing else. I wish the rest of us would do the same.

We Might All Eat a Little Bit of BP Oil For the Rest of Our Lives

Fri, 24 Feb 2012 10:58:01 -0800

BP ruined a small part of the entire Earth – Maybe not a lot but certainly a little. The Gulf Oil Spill was a debacle of unimaginable proportion. Because we don’t see it or feel it, we tend to ignore it. Because the news doesn’t play up all the scientific evidence we forget the extent of the assault on the environment. But that does not mean we are safe from their poison. We are all, at least those of us who like seafood, going to eat a little bit of BP oil for the rest of our lives. Children born today will die of cancer from their polluting the Earth. This is simply the cost of oil on our society.

But bringing this tragedy to justice will be impossible if the courts are manipulated to seal and destroy important evidence. Capitalism is our best bet to repair the economy – not only our economy but the world economy. I am a fiscal conservative and almost libertarian in my republican political leaning. But that does not include the right’s desire to stem personal injury litigation.

We republicans should not support the politicizing of the judiciary. The only way capitalism works is when we have a strong judicial branch and a rule of law that protects the “small people” (to use the BP President’s description of Americans).

Recently a New Orleans newspaper, the Times-Picayune (1/31) reported that BP is using the legal strategy of striking and covering up evidence to manipulate the upcoming trial. BP continues to file a stream of motions to cover up the facts of the case. The information they want to exclude is right on point with why they are liable for the damages they caused. Things like prior criminal problems with federal regulators, past failings in the areas of safety, including deadly explosions as far back as 1995 are asked to be excluded. We need the judge to be strong in forcing BP to prove the legal standard for excluding that evidence, which is that the evidence will cause serious competitive harm to the company.

BP is a multibillion dollar a day enterprise! They caused the worst oil tragedy in the history of the planet. Yet, they suffered only a minor setback in their sales and oil production worldwide. We still fill up at BP! The world still uses BP products. There is almost nothing “we” will do to hurt BP - even if we have an actual “fair trial,” and the jury fully punishes BP with huge damages.

Imaging the hundreds of millions (if not billions) of dollars that were spent by the tobacco industry to settle cigarette cases. Recognize the fact that tobacco is still in business, and their CEOs are still making millions of dollars in salary to run those companies. They paid gigantic sums, almost unthinkable sums, and they are fine. Now imagine that all that cigarette settlement money is play money when compared to the oil industry. No award will be big enough to hurt BP because the normal juror simply has not frame of reference to think up sums of money that can actually harm the company! We just can’t imagine a number that high given our relative daily lives. So, let the evidence come in, and let the jury hit BP as hard as possible. My bet is that BP will cry out loud, but behind our backs they will be smiling because they will pay that sum out of their petty cash fund. Then let’s see if at the end of this year, the Times-Picayune runs a story that says BP oil execs 2012 bonuses are as big as the verdict.

Buying Guns Online Has Become Way Too Easy

Tue, 21 Feb 2012 12:25:43 -0800

While watching the Today Show last week, I saw an expose on just how easy it is to buy firearms online. This included both legal and illegal firearms, and assault rifles. I was appalled at how easy this can be. When purchasing a gun from a licensed dealer, Florida law requires certain background checks and mandatory waiting periods. However, that’s not the case when it comes to buying guns online. This loophole in the law needs to be closed. The Today Show report demonstrated just how easy it is to go online, set up a meeting with someone selling guns and to go buy them. It doesn’t take a rocket scientist to know that guns are dangerous and should be kept out of the hands of criminals. There is a reason Florida law requires a background check and a specific waiting period – to help keep firearms out of the hands of criminals. There is no such regulation when it comes to buying firearms online, though. There is current legislation going on that would close this loophole and require background checks for online gun sales as well. However, with the National Rifle Association (NRA) against almost any regulation that involves firearms, this new bill has been tied up in committee for almost a year. It’s time the NRA back off. They must realize the purpose of closing the loophole is for the greater good, to help keep criminals from getting their hands on firearms, both legal and illegal.

South Florida Entertainment Complex Settles ADA Lawsuit and Pays Damages to Disabled Plaintiff

Fri, 17 Feb 2012 14:13:20 -0800

In a landmark settlement for ADA defense, a South Florida entertainment complex recently settled an ADA lawsuit filed by a visually disabled plaintiff. Of interest in this case, Joseph Robert Fields, Esq. of LaBovick Law Group applied rarely-used Florida laws as the basis for claiming monetary damages. The complex agreed to significant changes regarding how visually-disabled customers are accommodated, how services rendered at the complex are provided to disabled customers, and agreed to modify their employee training and education system. In addition to paying damages to the visually disabled plaintiff, the defendant also paid significant attorneys fees and costs. LaBovick Law Group is one of the only law firms in the nation using state ADA law to recoup monetary damages for disabled plaintiffs. Persons with disabilities who would like a free consultation regarding discriminatory conditions or practices of businesses or property owners can contact attorney Joseph R. Fields.

Florida – The Pill Mill Capital of the US

Thu, 16 Feb 2012 06:34:04 -0800

It's no secret that South Florida has gained a reputation for being the "Pill Mill" capital of the country. Largely in part due to the efforts of Jeff and Chris George. The two twin brothers first broke into the business when their illegal steroid business got busted. They decided it was more profitable to feed the habit of junkies while enlisting the services of greedy low rent doctors to write the prescriptions. The brothers George were brazen, cocky, arrogant and in your face. Sadly, a young man died as a result of an overdose of drugs written and filled at a George clinic. This is where it all started to unravel. The boldest of the brothers, Jeff George, was the first to turn on the rest. He sold out his entire family to save his own skin. Then Jeff George went down. He kept quiet, but begged for mercy for his wife and mother who also had become involved in the criminal enterprise. In the end, the entire family, save the father, went to prison. The brothers George went down as sniveling cowards after causing so much pain, yet they had no remorse for what they had done. Once again, justice prevails.