April 11, 2012

Trayvon Martin Case - Zimmerman To Be Charged

ADA Attorney

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.

April 5, 2012

Florida Lien Laws - Homeowner Rights

Florida employment lawyer

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.

March 21, 2012

What are the TOP THREE TAX RIP OFFS for 2012?

Boca Raton Personal Injury Lawyer

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

  1. Identity Theft
  2. Phishing
  3. Tax Preparer Fraud
  4. Hiding Income Offshore
  5. Free Money from the IRS
  6. False or Inflated Income or Expenses
  7. False Form 1099 Refund Claims]
  8. Frivolous Arguments
  9. Zero Wage Claims
  10. Abusing Charitable Deductions
  11. Disguised Corporate Ownership
  12. 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.

February 29, 2012

Bigotry and Racism are Learned Behaviors

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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.

February 24, 2012

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

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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.

July 12, 2011

Double Jeopardy and the Casey Anthony Verdict

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Wow the jury got it wrong! Can the State get a do over? That is now the big question in the Casey Anthony case. The answer is no.

Our Bill of Rights says a person prosecuted for any crime can only be tried once. This is referred to the law against Double Jeopardy. Most people have only heard this term from a popular game show. It specifically prohibits the government from repeatedly bringing a citizen to trial on the same or similar charges. This means the government has but one chance to put their best case forward.

No dry runs or practice trials are allowed. Further, if the Government loses, they do not have a right to appeal. This prevents retrials after a not guilty verdict as well. Why then does a guilty person have a right to appeal? Our founding Fathers were very sensitive to the abuses of government power from English courts. They wanted to make sure that history would not repeat itself in our new country.

Continue reading "Double Jeopardy and the Casey Anthony Verdict" »

July 12, 2011

Scandal shuts down News of the World after 168 yrs

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For all you Fox News fans, Rupert Murdoch and company are at it again. This time his British “News of the World” publication is under fire for hacking the cell phones of celebrities, murder victims and other crime victims to gather voice mail, text and e-mail messages all to gain a leg up on the competition.

When Murdoch and his son, James Murdoch, first became aware of the situation, they ignored it. Only after the British government threatened to become involved did the publication admit fault and close down. The “news” paper is Britain’s most widely read tabloid and it is believed to have hacked over four thousand (that’s right) victims. Apparently, this seems to be standard operating procedure in England.

Continue reading "Scandal shuts down News of the World after 168 yrs " »

July 6, 2011

The Casey Anthony Verdict and Our Legal System

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Not since the O.J. Simpson verdict has a court case grabbed such world wide attention as that of Casey Anthony. The verdict is in, "Not Guilty on Murder Charges" and everyone has an opinion. Hollywood talking heads and "the beautiful people" are Tweeting about the gross miscarriage of justice.

The media and pundits had her convicted before jury selection had even started. Now that they are wrong, they blame the legal system and the jurors themselves. "How could this happen? A little girl is dead! How could this be?"

Well folks it happened. And it happened because the State couldn't prove it's case "beyond a reasonable doubt", the legal standard in THIS country. The jury sat through this case and heard all the evidence. Not Nancy Grace, not Aston Kutcher and certainly not Kim Kardashian!

Twelve civilians from our community were sworn to follow the law and they did just that. The
State proved the Defendant was a liar and the jury convicted her of those charges. There simply was no evidence to connect her to the tragic death of Caylee, not enough to prove the Defendant guilty "beyond a reasonable doubt".

Surely something bad happened but by whom? The Mom? The Dad? The Brother? The Defendant? Someone else? Who knows and we will never know and therein lies the reasonable doubt.

Like it or not, the system worked. As a former Supreme Court Justice once said, "better to free 100 guilty men, than convict one innocent one".

That is the way our legal system works. It was created by a group of our founding fathers who, by all accounts, were much smarter than we are.

July 5, 2011

An American perspective on the 4th of July

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Now that I have swept up the remnants of the firecrackers, sparklers and smoke bombs, the crepe paper to decorate the kids’ bikes for the parade have been put away, I reflect on the meaning of July 4th, as an American. Nearly 250 years ago a group of very smart, brave men hatched this wonderful idea now known as democracy. And through great personal sacrifice, put that plan into action.

Our Independence was gained from an oppressive government 235 years ago. And today, the notion of freedom rings loud and clear from our streets to our mountain tops. This thing known as democracy is not an easy thing-it takes hard work, tolerance and sacrifice. How difficult is it for any true red blooded American to stand by and watch our flag get burned in the name of free speech? How tough is it for us to watch our friends and loved ones go to war to protect those very freedoms that many of us take for granted?

Our country is facing some of its biggest challenges now and will for some time to come. But we, as Americans, will and surely must persevere. It is our nature, in the very fiber of our souls, to be free and fight to stay that way. So, while I finish cleaning up the festivities from the celebration of our Independence; I tip my hat, say a prayer and shed a tear for all of those currently and before me that have sacrificed so much. Many gave the ultimate sacrifice, for our freedom that we have; and often take for granted. Lasting memories and cherished freedom that can be passed on to our children and future generations to come.

February 9, 2011

Let's Get Back to Work Campaign - Takes Money From Florida's Education Budget

It didn't take long for the Rick "Let's get back to work" Scott to show his real colors. Yesterday he rolled out his budget which calls for the slashing of monies earmarked for education, justice and the department of corrections.

Along the way, he plans on firing nearly nine thousand employees, many of whom are teachers. In exchange, he fattened the budget for the Governor's office and lowered taxes for big business. And nobody saw this coming?????

The bright side is that we will have dumber criminals while we change the State's name from Florida to Allstate.

Click on the following link to read more on What Gov. Scott's proposed budget cuts means for education in Florida.

September 17, 2010

Constitution Day

What an honor it is to live in the United States. I am so proud and privileged to have the right to live here. Today is Constitution Day. A day when we honor the living document which is the final arbiter of the law of the land here in our United States of America. When I think of the Constitution my first thought is really not to the underlying document. I do not think so much about our tripartite government system of checks and balances. As important as those institutions and controls are to our very freedom, the first thing I think about when mentioning the Constitution is the Bill of Rights.

I think about Freedom of Speech and Freedom of Religion. It is probably just my own juvenile understanding of the depth of the many parts of this fantastic document that makes me focus on the most obvious of Rights, but hey, that's where I focus. So be it. And to be honest, those freedoms are being attacked as we speak and I can't help but feel like I am a part of the attack. I do not want the Cordoba House Mosque built near ground zero in New York. I had a knee jerk reaction against it and I have intellectualized my emotions and tried hard to be on the "side" of our Constitution and give these allegedly "peaceful" Muslims the right to worship and congregate lawfully in whatever commercial spots are properly zoned for that activity. I want to be a "Principled" American. Our President seems to stand firmly on this academic ground. I am not so cerebral as to be able to separate my emotional reaction to what I feel is right and wrong from my intellectual processing of rights and duties. There is a disconnect that I could not get over.

Continue reading "Constitution Day" »

May 24, 2010

Scammers target Seniors in fraud schemes - Seniors vs. Crimes Project - Helps seniors fight back

Did you know that 30% of all scam victims are over the age of 65? That frightening statistic is a call to action for 3,000 Florida senior citizens who volunteer in the Senior vs. Crimes Project. The Project is administered by the Florida Attorney General’s office. Their mission is to assist seniors who have been victimized by scams, identity theft, and unethical businesses and individuals.

The program began in 1989 as a task force on crime against the elderly. It has grown to include 30 offices statewide. Seniors vs. Crime has been responsible for recovering over $8 million for Florida seniors who were the victims of con artists. While they do not provide legal services or legal representation, their free service is offered to assist all consumers, regardless of age.

If you feel that you or a loved one has been the victim of a scam, you can contact one of the project’s 3,000 volunteers at an office near you.

Florida Attorney General
Fraud help line: (866) 966-7226

Seniors vs. Crime,
Statewide hot-line: (800) 203-3099

Local Seniors vs. Crime Offices

Continue reading "Scammers target Seniors in fraud schemes - Seniors vs. Crimes Project - Helps seniors fight back" »

July 7, 2009

PIABA proposed rule change regarding the arbitration panel makeup is too extreme

The Public Investors Arbitration Bar Association has proposed a rule directly to the SEC that would effectively eliminate the “industry” arbitrator from the arbitration panel. The paranoia exhibited by this organization, without any true empirical basis, knows no bounds.

As a lawyer who represents both industry and investor clients, I have a unique position to assess this proposal (although I am not alone in representing both types of parties.) PIABA remains critical of the presence of a person experienced in the industry on an arbitration panel. Personally, having experienced arbitrations where the industry panelist was marginally affiliated and the public arbitrators knew next to nothing about securities, I suggest that we should all be afraid of PIABA’s proposal.

PIABA continually refers to the industry panelist as an advocate for the industry. There is no basis for this. The organization cites flawed research that states that claimants in arbitration win less than they “should.” But how does PIABA know that these cases would have fared better either in court or with an all-public arbitration panel? It doesn’t. I have stated before and I will say it again, that cases that go to hearing tend to be self-selecting. Those cases which can’t settle because the Claimant wants too much or the Respondent won’t pay enough are the ones that go to hearing. Therefore, these are the more difficult, or bad, cases depending on one’s point of view.

I have been involved in a number of cases where it was obvious that the industry panelist did not agree with the Respondent’s position. There is no evidence that the industry panelist serves as a patsy for the brokerage firms. Just because a flawed analysis finds that the “win rate” is down, does not mean that the system is bad. In arbitration, each case stands on its own. Two cases cannot be compared as every person’s situation is different.

PIABA has come up with some good ideas in the past. This is not one of them.

Rule Change Petition presented to the SEC from the Public Investors Arbitration Bar Association

May 27, 2009

The cool thing about being a lawyer

Several years ago, my kids asked me what I “do”. They see the great computers, the phones, and all the other accoutrements of a successful law practice, but they wondered if I did anything other than surf the Internet during the day.

I told them that I try to help people with their problems. I reminded them of some of my more notorious cases, including one case where we recovered millions of dollars for a client who had lost virtually everything at the hands of a scam artist.

I was reminded of that conversation when I received something in the mail today. I recently represented a client who had never had a lawyer before. He was a stockbroker whose client had named him and his former employer in an arbitration. I was hired to protect him and be his advocate.

We met the day before the arbitration because he was in Orlando and I was in Jupiter. We talked about the case and a lot of other things. One thing he told me was that he never finished college. We won the case.

While I was driving home from the hearing, I talked to the client. I told him about how much I enjoyed working with him and he told me how glad he was to have me in his corner. He said that he had thought about going to law school. I asked him “why not go now?” Next thing I knew, he told me that he had decided to go back to college and get his degree. When I received the arbitration decision and called him, he was at the college getting registered.

One of the projects that he had to complete was an interview of someone who inspired him. He chose me. I was flattered (which is not easy). We talked for a while on the phone and he learned about my background, philosophy of practice and feelings about life and law school. I told him that I love being a lawyer. And he is one of the reasons why.

He sent me a copy of what he wrote for the class. It was very well written (despite its topic), he got a well-deserved “A” and it made me think, again, about why I love being a lawyer. It’s clients like him.

Congratulations Eddie. I look forward to your graduation

March 27, 2009

Big Changes for The Law Planet

Today is the last day of The Law Planet as it has existed for the last two years.

Starting March 30, I will be an attorney with LaBovick Law Group, P.A. starting up that firm's Financial Services Department.

I will continue posting on the new and improved Law Planet.

So, I'm on the move this weekend. See you at www.Labovick.com.

March 25, 2009

I Love Dilbert! A New Form of Insult

Dilbert is always on top of things. I read this panel this morning and it made me laugh.

Dilbert.com

Scott Adams, the strip's creator, is a genius.

That's the fiduciary view from The Law Planet, Jupiter, Florida.

March 17, 2009

"Manifest Diregard" May Disappear From Motions to Vacate Securities Arbitration Awards

The Eleventh Circuit Court of Appeals, which covers Florida, is a "manifest disregard" circuit. In Montes v. Shearson Lehman Hutton, the court found that a closing argument in an NASD arbitration that acknowledged the law, but encouraged the arbitrators to ignore it, was evidence of manifest disregard of the law. The arbitrators agreed and Shearson won the case.

On a motion to vacate, ultimately decided by the 11th Circuit, Shearson lost. The court found that the test is that the arbitrators were aware of the law and chose to ignore it. Montes may be the only case decided on this basis for the movant. In other words, in establishing "manifest disregard" as a basis for vacating an arbitration award, Shearson lost.

Over time, and mergers, Shearson became part of Citigroup Global Markets. That entity, Citigroup, recently lost a FINRA securities arbitration award to a woman from Texas. Citigroup thought it had a good argument, that the arbitrators manifestly disregarded the law. The trial court agreed. The Fifth Circuit did not.

In Citigroup v. Bacon the Fifth Circuit said that "manifest disregard of the law" is no longer available as grounds to vacate an award. The court based its decision on a recent US Supreme Court decision in Hall Street Associates v. Mattel. The US Supreme Court in Hall Street found that "manifest disregard" is not part of the statute allowing vacatur of arbitration awards. The Court pronounced for the entire nation that "manifest disregard" does not exist any longer. (Other circuits, by the way, have found their way around this ruling.)

Florida currently is a "manifest disregard" state, but the 11th Circuit said that Montes is the only case it has found worthy of that moniker. In fact, in Harbert v. Hercules Steel,, the 11th Circuit warned that sanctions may be appropriate for weak motions to vacate arbitration awards based on "manifest disregard."

There you have it. Citigroup has managed to establish that "minfest disregard" is and is not a basis for vacating an arbitration award. For those of you non-lawyers who read this, I can't explain it other than to say, that's the way the law is sometimes.

That's the view from The Law Planet - Jupiter, Florida.

March 16, 2009

An "Explanation" of the Economic Crisis

My sister, the bankruptcy lawyer, sent me an email to explain the credit crisis. Since my brain is pea-sized, she used points of reference I understand.

John is the proprietor of a bar in Sydney. In order to increase sales, he decides to allow his loyal customers, most of whom are unemployed alcoholics, to drink now but pay later. He keeps track of the drinks consumed on a ledger (thereby granting the customers loans). Word gets around and as a result increasing numbers of unemployed alcoholics flood into John's bar.

Taking advantage of his customers' freedom from immediate payment constraints, John significantly increases his prices for wine and beer, the most popular drinks. His sales volume ncreases massively. A young and dynamic customer service consultant at the local bank recognizes these customer debts as valuable future assets and increases John's borrowing limit. He sees no reason for undue concern since he has the debts of the alcoholics as collateral.

At the bank's corporate headquarters, expert bankers transform these customer assets into DRINKBONDS, ALKBONDS and PUKEBONDS. These securities are then traded on markets worldwide. No one really understands what these abbreviations mean and how the securities are guaranteed. Nevertheless, as their prices continuously climb, the securities become top-selling items because Lehman Bros recommended them as a good investment.

One day, although the prices are still climbing, a risk manager of the bank, (subsequently of course fired due to his negativity), decides that the time has come to demand payment of the debts incurred by the drinkers at John's bar. But of course they cannot pay back the debts.
John cannot fulfill his loan obligations and claims bankruptcy.

DRINKBOND and ALKBOND drop in price by 95 %. PUKEBOND performs better, stabilizing in price after dropping by 88 %. The suppliers of John's bar, having granted her generous payment due dates, and having invested in the securities, are faced with a new situation. His wine supplier claims bankruptcy, his beer supplier is taken over by a competitor.

The bank is saved by the Federal Government following dramatic round-the-clock consultations by leaders from the governing political parties.

The funds required for this purpose are obtained by a tax levied on the non-drinkers.

There, do you feel educated now?

That's the view from The Law Planet - Jupiter, Florida.

March 12, 2009

Bernard Madoff Guilty Plea is Just the Beginning

By now anyone who has any interest in investing knows about Bernie Madoff. Mr. Madoff has admitted his guilt in a Ponzi scheme of gargantuan proportions. But I think this is just the beginning.

Mr. Madoff has stated, through others, that no other person knew about his fraud. I find that impossible, not just difficult, to believe. I think he is pleading guilty to protect others.

What can a Madoff investor do? I have spoken with some of them and the stories are heartbreaking. People's lives have been ruined and will never be fixed. Securities arbitration and litigation is one recourse. But the Madoff entities are in receivership. So the feeder funds and moneyraisers are the next targets. But those cases will not be easy. A lawyer familiar with securities arbitration and litigation should have an opinion on this.

In my opinion, the investigation is not over. The SEC, which has been raked over the coals recently, will likely dig deeper. They will find out who else knew about the fraud, or ignored it, and when they found out. They will look at the feeder funds and the moneyraisers. And others will suffer consequences.

It's a shame that the public trust was violated in such a manner. This remains a black eye for the investment industry. It will take a long time to restore this confidence.

That's the view from The Law Planet - Jupiter, Florida.

February 16, 2009

Will The Xlink Bluetooth Adapter Kill Landlines?

I just spent the weekend using the Xlink BTTN bluetooth adapter. And if this device doesn't scare landline-based phone companies, I'm not sure what will.

I'm a Bluetooth addict. I have three Bluetooth headsets. All of my cars have BT hands-free kits. Even my laptop has Bluetooth. The interconnectivity it provides is very useful, although the implementation is sometimes clumsy.

I got to wondering why I was paying for a home phone line when only telemarketers use it (and my mother, but she's got a cell phone she can use, too.) So I started thinking that I should become part of the growing group of people who ditch their home phone for their cell phone. Then I wondered if there was a way to hook up my cell to my existing 6-handset DECT cordless phone system. I found two devices and decided, based upon my review of the specs and web information, that the XLINK was for me.

It comes in two flavors, BT and BTTN. The BT is for cell phone integration only. The BTTN adds the ability of integrating a landline as well. Since the phone company reduced my monthly bill to a price where it made sense to keep the landline, I bought the BTTN. It took less than 10 minutes to set up the unit and pair two phones.

But the real beauty is the upgrade path. Yesterday I downloaded the upgrade "wizard" software and connected the BTTN to my laptop. Everything worked great and, in about ten minutes, the software had been upgraded. And the sound quality, which was OK, had improved dramatically.

While I haven't cut the cord completely, at least I'm not running all over the house looking for my cell when it starts to ring. A caller rings my cell and all six of the handsets ring. And the caller has no idea that they're not talking to me on my cellphone handset.

The Xlink. These guys are brilliant.

That's the connected view from The Law Planet - Jupiter, Florida.