Recently it was announced that a major insurance company has settled a lawsuit against some local doctors for fraud involving certain surgical procedures that were over inflated in price. It is rumored that the doctors will be paying the company upwards of $20 million for their misdeeds. Evidently, the doctors in conjunction with some local unscrupulous personal injury attorneys, concocted a plan whereby the doctors would receive a portion of the settlement, and in exchange they would perform an arguably unnecessary non-invasive percutaneous discectomy procedure on the patients/ clients. Thereafter, the doctors would seek upwards of $35,000 per procedure. It should be noted that each procedure lasted approximately 20 minutes and was noninvasive.

The lawsuit was a result of several years of investigations from collective insurance companies. It is now been revealed that the same doctors have paid other insurance companies in similar threatened litigation. I'm sure that what the doctors had to pay back the insurance companies is a drop in the bucket to what they have made over the years involved in this racket.

This is the kind of situation that gives honest, hard-working, ethical lawyers and doctors a bad name. The personal injury arena has become rife with law firms that use runners, distasteful advertising and promises that could never be delivered. The litigation practice, when I first became an attorney, was an honorable one. I am proud to be a lawyer, and I am proud to serve my clients ethically, professionally and competently. We are able to stay in business because of our reputation as hard-working good lawyers. A significant sum of our business comes from a referral sources that are happy with the work that we have done in the past. Additionally, we are referred cases from other members of the community who know our reputation and respect us. Nevertheless, we find ourselves fighting a never-ending and perhaps losing war against the unscrupulous few who have taken so much from so many to the benefit of themselves.

Just when the Florida Bar Association and legislation could have done something by tightening the solicitation rules, they have broadened the rules to include testimonials by former clients and non-party spokespersons.

Notwithstanding, it is my belief that there will always be a place in the practice of law for ethical, honest and hard-working lawyers like those at our law firm. I am still proud of what we do and especially within the confines of our firm.

State Farm is being investigated criminally by Texas authorities for their handling of hurricane claims over the past several years. Texas insurance authorities are also investigating multiple years of insurance claims handling. It seems that the "good neighbor" doesn't like paying insurance claims, although they never seem to have a problem cashing a premium check. The investigations are centering around how internal policies, procedures and e-mails were set up to justify more than $1billion in hurricane roof damage claims.

As we proceed through the hurricane season, Floridians should note that any insurance company's decision on handling a claim is subject to review by the homeowner or policy owner. There are administrative and judicial remedies available to homeowners whose claims have been denied. LaBovick Law Group has a staff of attorneys experienced in insurance claims appeals and processing. We welcome the opportunity to help those in need, and we always offer free initial consultations.

Holy cow are the trial lawyers up in arms! New Hampshire just created an “early offer” program to try and bring medical malpractice victims together with their doctors and the insurance companies to create an early settlement offer incentive to avoid litigation. The lawyers are afraid that patients will not know their rights and may be taken advantage of by the more sophisticated insurance company employees and the doctors. As a trial lawyer who has no bone to pick in medical malpractice cases, (We handle hospital and doctor medical and health care issues, and are conflicted in taking medical malpractice cases.), it sounds great to me. The big issues are that there is a “loser pays” provision and that the plaintiff must post a bond if he/she rejects the offer and pursues litigation.

What I see in the world is that perception is reality, and the facts are irrelevant. What do I mean? Well, the perception is that the Justice system and the court system are broken. There are far too many frivolous and unworthy injury cases, especially medical malpractice cases. Most of the public believes that we need to pass new laws to change the system and correct the problem. The facts are not relevant. The facts tell a different story. The facts, from a trial lawyer's perspective, would tell you that because the perception is so skewed against plaintiffs that injured victims don’t get a fair trial in many places in America today. I am sure many people reading this will say “Bull! it is the plaintiffs getting money for every stupid dopey thing, like spilling coffee on their own lap at McDonalds!” But, trust me, on balance, I see far more injustice on the too conservative jury side vs. the too liberal with money and giving it away side. Is there injustice on both ends of the spectrum? Absolutely. But no system is perfect and ours, on balance, is pretty good.

However, my point to this rant is that none of that is really relevant. The American public believes we need a change and therefore, we need a change. Further, I am not absolutely opposed to a change. My feeling is that we need to make sure the public has faith in the way America does business; that includes resolving disputes. Medical malpractice is a hard dispute to settle. It affects people personally and deeply. Again, regardless of the facts, the public believes most of the malpractice disputes are frivolous or unfair to the doctors. Therefore, searching for a new method of finding a fair way of settling these disputes in not unfair to any party, certainly not trial lawyers. If the new laws are unfair to either side, I am sure the people who are injured or harmed by it will protest, and new amendments or changes to the law can be made. Yes, some people will be made to suffer under the new law's first draft, so to speak, but that is the collateral damage new laws cause. It is the sacrifice we, the members of the public, must make to continue to improve the way we interact and handle business in America.

The real issue is that poor people won’t have the money to post a bond. Most states will not permit the lawyer to post the bond as a part of the business relationship. Therefore, if the patient doesn’t have bond money to post, then who pays? My thought is that legitimate loan sharks will pay if the case is great, and the risk is low. These loan sharks are really called No Recourse Case Advance Companies. They give money to the plaintiff during the case and get paid back double, triple or even quadruple when the case is settles. But if the case is not won by the plaintiff, the advance company can’t collect anything from the plaintiff. The other choice is that the plaintiff just lives with the damages and that is it. It is just life. Rich people who can post a bond will always be able to sue. But this isn’t a new analysis. This is the reason the Contingency Attorney Fee Contract first was created. Poor people who were hurt and could not afford to pay an attorney could hire one on a contingency (the attorney gets a percentage at the end) to file their claim.

As for the lawyers, don’t feel bad. There are lots of ways to make money in the law. I am sure medical malpractice will not go away in New Hampshire. I am also sure the “Early Out” will have positive and negative effects, and what better a test state than New Hampshire? – Live Free or Die Trying!

The Florida Supreme Court has recently issued an opinion affirming the 1st District Court of Appeal's (DCA) prior opinion that a hospital lien law created by the Florida legislature decades ago is unconstitutional.

Many years ago, it was not unusual for the Florida legislature to pass laws that pertain only to certain businesses or individuals. These were known as "special laws," as opposed to the general laws of the state of Florida that apply to everybody. Over the years, several of these special laws had been declared improper; as the laws of the state should apply to everyone. Hospital lien laws are special laws that apply only to certain counties and give "public hospitals" lien rights over personal injury proceeds.

The problem in the past has been determining what a public hospital is defined as. Is it a hospital that is open to the public? The answer is no. Public hospitals are those hospitals operated by a public governmental entity. Almost all of the hospitals now are owned by mega-corporations that are certainly not public entities.

In Palm Beach County, there is only one public hospital; it is operated out of the Glades area. As a result of the Florida Supreme Court’s recent opinion in Shands Teaching v. Mercury Insurance, all of these special laws are now deemed unconstitutional. However, the personal injury practitioner should be aware that counties themselves can create lien laws that might pass muster.

In the Shands opinion, although the lien arising under the special law was overturned, it was upheld based upon a county ordinance. In Palm Beach County, there is no such ordinance. However, that doesn't mean that a hospital couldn't assert a lien via contract. Most people who are admitted to hospitals don't bother reading the fine print. Persons (or their attorneys) faced with hospital lien assertions, can contact the attorneys at LaBovick Law Group for assistance with this issue and a free consultation.

From time to time, I get emails from people seeking answers to Florida legal questions. While responding to one, I suddenly thought that I should put together a couple of blog posts to highlight a few of the more common questions. Although the situation might be slightly different from individual to individual, I felt these Florida law questions pertained to most people in one way or another.

Florida Chapter 7 Bankruptcy Law Question

I’m a single person and make more than $43,000 yearly gross income. I have been told that I cannot file for Chapter 7 bankruptcy because I make too much money. Is this true?

This depends on your individual expenses. You are slightly over the Florida income level of $40,766 per year for one person to file for Chapter 7 bankruptcy. The good news is that there are certain monthly expenses which may be subtracted from your total income, and these deductions may bring you under the maximum state level in order to qualify for bankruptcy. It’s very important that you have an experienced bankruptcy attorney look over your income and expenses to accurately determine if and how you may file for bankruptcy.

Florida Estate Planning Law Question

In my will, I leave everything to my sister, but my brother is the beneficiary on my two bank CDs. Who would be entitled to the CD money?

Kevin, as you have named your brother as a beneficiary, it must be a “payable on death account.” This is a good vehicle to use to transfer assets and avoid probate. The beneficiary cannot touch the account until the death of the principal. This makes it very different from a joint account. Make sure the CD is not, in fact, held jointly as this would defeat the purpose of having your brother receive the entire balance upon your death. All your brother has to do is present a certificate of death to the bank, and he gets to withdraw the funds regardless of what your will says. Make sure you gave the bank his full legal name and social security number, so the bank will not hesitate in identifying him as the person you designated as the beneficiary.

Children conceived after the death of a genetic parent are becoming very common. Soldiers being sent to combat arenas oftentimes bank sperm or eggs in case they don't come back or are injured to the point of being unable to conceive. Chemotherapy patients can also do the same thing. There are a variety of reasons why a person would want to ensure that they are able to reproduce at a later date. In vitro fertilization technology has reached a point where the sperm and egg of persons who are long dead can be combined to produce children. In fact, it is no longer necessary for either parent to be alive for reproduction to occur. However, what happens if they die and the surviving spouse (or anybody else for that matter) wants to have children with that person? Are those children entitled to Social Security benefits from their deceased parents? This is a question that was being answered in conflicting ways by the lower federal courts dealing with the situation.

The question has now been answered in a case involving a Florida chemotherapy patient who banked his sperm. After his death, his wife used in vitro fertilization which was successful and led to the birth of twins. The mother applied for Social Security survivor benefits and was rejected. Unfortunately, because of the wording of the federal law regarding Social Security benefits for surviving children, the United States Supreme Court has indicated that because the child could not be demonstrated to be "dependent upon the deceased individual at the time of his or her death", the child was not eligible for Social Security survivor benefits. Because Florida law limits intestate succession to children who are born or at least conceived prior to the death of a parent, this opinion upheld the Social Security Administration's rejection of benefits. However, this opinion is limited to the facts and law as presented. It is entirely possible that other states laws could result in a totally different result.

What does this mean to Florida citizens? Under current Florida law, children conceived after a genetic parent has died may not be eligible to inherit from the deceased parent and are currently ineligible for Social Security benefits. Children conceived prior to the death of a genetic parent will have a different result. It is important that persons contemplating the banking of sperm or eggs for any reason have a solid understanding of the law of the state where they are living. That will likely be the law that will be used to apply for a variety of issues that can arise when the parent dies. The law is very unsettled in this arena, as fast as technology changes, the law often times takes years to catch up.

LaBovick Law Group has a Florida family law attorneys department devoted to such issues. The Director of this department, Attorney Joseph R. Fields, Jr., Esq. has advised many parents on these issues. Contact Mr. Fields today for a free consultation regarding your Florida family law matter.

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.

Continue reading "Palm Beach County State Attorney Asks Judge To Disqualify Himself" »

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.

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

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.

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.

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.

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.

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 .

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.

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.

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.

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.

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.

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.