Trust Mislaid

There is little or nothing about the law which is feely-touchy. The law is defined by rules, procedures, and a history of decisions established on a case-by case basis. There are strict deadlines set by statute and sometimes previous legal precedent, which must be met by parties who wish to initiate a lawsuit or take some other type of legal action using the court system. These deadlines are called statutes of limitation and they are usually interpreted strictly by the courts. The law isn't concerned with whether someone knows about these deadlines, as the burden of knowing about them is placed on the party initiating a lawsuit. The reason for this strict interpretation is because evidence to prove one's case may no longer be available after a certain length of time, the party being sued may have destroyed evidence in their possession if not sued in a timely matter, or has been asked to preserve the evidence, or witnesses who can testify may have forgotten the facts, may have moved, may have become ill or may have died. For example, in Pennsylvania, if a person is injured, they generally have two (2) years in which to sue someone if one feels the injury was a person's, company's, etc.'s fault. There are sometimes exceptions which delay, or toll, this deadline, such as if one is a minor, his right to sue extends beyond the time he is 18. In contract actions the statute of limitations is generally four (4) years, but circumstances like fraud may be able to extend that period.

Despite these strict deadlines, I receive many calls each week from:
• people who have either sat on their legal rights, despite knowing they had deadlines, and missed their deadlines to sue;
• people who state they didn't know about these deadlines, and don't feel they should be held accountable for missing them;
• people who state they have been too busy to initiate a lawsuit, or it slipped their mind, or took some other action which they thought tolled the deadlines, but didn't.

Where people took some other action they thought tolled their deadlines, there seems to be similar scenarios. In the first scenario, people have spent considerable time and energy discussing or writing about their issues with their elected city, state or federal government representatives, or their relatives, friends and neighbors. Yet, they never initiated a lawsuit in a timely matter. They are often surprised to learn that they have lost their rights to do so, because these contacts don't toll statutes of limitation, even if the elected representatives state they are looking into one's complaint or situation.
TRUST MISLAID.

Often people will go to the courthouse and speak with a clerk who takes the time to explain the legal process to them. They do this instead of consulting with a lawyer. They then feel that the clerk is the font of significant knowledge, and tend to rely on what the clerk told them, which may or not be correct, and is often misinterpreted and limited, even if it is correct. Even if a clerk is sympathetic and agrees with them, it is a far cry from what is necessary in proving one's case. A clerk's information and/or advice, if incorrect, cannot be the basis of tolling a statute, or even a lawsuit. TRUST MISLAID.

Union members often rely on information the union representative, who is usually not a lawyer, provides them. However, the union representative's advice is usually based on the terms of a collective bargaining agreement, and often doesn't involve other types of legal actions such as civil rights. I have seen many persons miss filing deadlines required to preserve their rights under civil right laws because they are waiting for a lengthy union process to conclude, and their union representative didn't discuss other possible remedies with them. I am not criticizing union, but it is a good idea to consult a lawyer to learn if there are other possible remedies. TRUST MISLAID.

Many people feel that because they have discussed their case with a lawyer, or left their paperwork with a lawyer to review, this tolls their statute of limitation. Unless the lawyer has accepted the case, and there is a written fee agreement signed by the lawyer and the client, the lawyer does not have a responsibility to initiate a lawsuit. Although a lawyer is not supposed to decide at the last minute that he will not bring suit, so as to disadvantage a person, this happens frequently, so a person must diligently follow up with a lawyer, especially if some months have passed without word from the lawyer, or if the lawyer is not returning their telephone calls when they call about the status of their matter. TRUST MISLAID.

Therefore, it is important to preserve one's legal remedies by consulting with a lawyer or lawyers as soon as possible for advice on whether one has a potential lawsuit or remedy. One should not mislay one's trust on the wrong individuals.

By: Faye Riva Cohen, Esquire
Law Office of Faye Riva Cohen, P.C.
2047 Locust Street
Philadelphia, PA 19103
P: 215-563-7776
F: 215-563-9996
E: frc@fayerivacohen.com
URL: http://www.fayerivacohen.com/

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Identifying The Differences Between Preparing A Forensic Report For A Fraud And A Confiscation

Very often criminal cases need the expertise of a forensic accountant to assist. They analyse and present financial information in a way that a court can readily understand. Frequently their task is to assist the defence lawyers to respond to the allegations being made.

The prosecution often brings a case in a fraud matter such as a tax fraud or a confiscation of assets using the Proceeds of Crime Act legislation following another conviction that involves a large amount of financial data. It is usual for the case summary, or statement of information as it may be called in a confiscation, to be written and presented by persons such as an accredited financial investigator. These are often employed as police officers and may receive training in a number of areas including investigating, interviewing and evidence handling. Some will receive rudimentary accounting instruction but most will not. It is very rare for the prosecution to employ expert accountants to present financial data owing to budgetary constraints. However, this results in the need for the criminal defence to examine the allegations in very great detail as, more often than not, they will include errors and inappropriate conclusions.

In the case of a fraud, it will usually be clear that there is a case to answer. The police will investigate financial losses and in many cases be able to present a modus for the crime that can be readily understood. However, such is the partisan nature of the approach adopted by the regulatory authorities that they will often draw rather zealous or inappropriate conclusions from their evidence. The forensic accountant must consider all aspects of the case and present the information in an independent and unbiased way. Sometimes this can result in the defendant being shown in a more adverse light, but mostly will lead to a tempering of the prosecution's case.

On the other hand the treatment of a confiscation by the authorities can result in the presentation of wholly unreasonable demands for a person to lose all their wealth and suffer lengthy additional prison terms for committing even modest crimes for which they have already received a punishment. The confiscation regime has often been called draconian and presents a much stronger need for a capable forensic accountant to become involved.

The Proceeds of Crime Act 2002 ensured that criminals involved in not only money laundering and drug dealing were targeted, but also any criminal who could be deemed to have enjoyed a criminal lifestyle. Unfortunately, the criterion for a criminal lifestyle are very easily met!

The prosecution continue to use accredited financial investigators to estimate the extent of a person's criminal lifestyle, without the benefit of having to prove matters to within "reasonable doubt" as is usual for criminal matters. What is more, the legislation allows sweeping assumptions to be made, with the onus on the defendant to prove otherwise. This is why the defence is tasked with a difficult job and hence the need for the assistance of forensic accountants.

An expert may therefore be used to clarify the framework of a complex fraud, presenting the evidence in an understandable fashion. It can point to flaws in the allegations being made but can equally present a poorer picture for the defendant. More often than not, in a confiscation matter the expert accountant will reduce the extent that the criminal benefit has been estimated as by the prosecution, pointing out flaws in the approach and mistakes in the calculations.

In both frauds and confiscations there is a strong argument for an increased use of expert forensic accountants. This would mean increased funding for the police and prosecution authorities, but might mean a corresponding reduction in the amount of work that the defence is tasked with, which at the end of the day is also funded from public money.

Mark Jenner provides services as a forensic accountant based in York and throughout the UK. He is a Fellow of the Institute of Chartered Accountants and a Certified Fraud Examiner and has a Masters Degree in Fraud Management. He specialises as a criminal defence and tax fraud accountant.

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Top Myths to Avoid When Hiring an Attorney

An attorney is someone you hire to represent you in a court of law or for various legal actions. Though there are many times in your life you may need to turn to these professionals, most people do not have a lot of experience doing so. Many find themselves overwhelmed with the options they have. Moreover, some do have a bad opinion of who these professionals are and what they offer. Before you become overwhelmed, avoid the most common myths people have about these professionals.

Don't Make These Mistakes

In most situations, an attorney wants to help you to resolve your problem or get the answers you need. Every situation is different so you should respect a lawyer's decision not to work with you. In most cases, though, these professionals will extend their experience and training to help you to get through the situation you are dealing with right now. Do not believe these myths.

The lawyer will not put much time into your case. The fact is, he or she will do so if you choose the right professional. Ensure the person you choose to do this job has the time necessary to provide your case with the attention it needs.

I can do it myself for far less. Often times, people believe that a lawyer is too expensive. Most do offer flexible services and even payment plans. Many offer lower costs, too. Do not overlook the benefits of working with an experienced professional just to save money.

They do not listen to you and help you with your problems. If you hire the right person for the job, he or she will sit down with you and discuss your case long before taking it on. During this initial consultation, ensure your thoughts and needs come up as well as your goals. The right professional will listen thoroughly.

Your brother is good enough. Sometimes, hiring family is not a good thing. It is best to hire an attorney that has the experience in the specific area of the law you are dealing with right now. Hiring a specialist can help you to get better results overall.

It is too hard to find someone to help you. It does not have to be. If you are in need of legal help, look for a local professional who specializes in the area of the law you need help with and then contact them. Set up an initial consultation to learn more about your options.

Hiring an attorney does not have to be a struggle but it should be something you put time into. Choose the right person for the job and you will have a far easier time managing the legal system than if you hire just anyone to do the work for you.

A Baton Rouge attorney should be experienced in the field that you are in need of help in. Look no further than: http://www.josephkscott.com/

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Common Problems That Require a Real Estate Attorney

When it comes to purchasing and advertising a property for sale, you would encounter common problems that require a real estate attorney. These types of transaction involve titling, legal reports, insurance and disclosures. To top it off, real estate agents would convince you that they could help you avoid all of these if you agree with their recommendations and just leave everything to them. You should be reminded that these agents are not after your interests but they just wish to close the deal immediately to receive their commission.This kind of lawyer will be the one to fight for your interest and ensure things are done legally and rightfully.

One of the problems when buying or selling a property is disagreements on the contract between both the buyer and the seller. A qualified attorney could immediately discern if there something in the contract would be unfair on your part. He would analyze the terms and evaluate the risks in the transaction.

Another problem that is encountered in real estate transactions are the negotiations to follow. There are times that both the buyer and the seller could not make a compromise when it comes to the price, terms of payment, exclusions, closing date and future plans of the buyer regarding the property. A real estate lawyer would be able to negotiate a deal that would benefit his client and to which the seller would be amenable to.

Titling is one of the common problems that require a real estate lawyer. The property may have been owned by someone else before the seller thus there may be unresolved matters that hinder the placement of your name on the title. Such unresolved matters may be a current lien on the property. A specialized lawyer in this field would be able to know what to do with such a situation because of his knowledge on the legality of such matters.

During closing or even after, there may be times that someone, other than the buyer, declares that he or she owns the property. A real estate attorney shall be needed by the buyer during such a situation. He would be able to assess and get a title insurance policy which assures no other person can claim the property to be his or hers except for the buyer.

The concluding part of this type of deal is the closing. This is the time when the deal is finalized and all costs are paid. To protect the client's interests, especially if the buyer wants to go against the deal or if he has a sudden change of plans, a real estate attorney should be present. These common problems require an attorney who specializes in this field.

For more information on a Salt Lake Real Estate Attorney, or for the best Real Estate Attorney Utah has to offer visit SLCLegalSolutions.com

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Defending Those Facing The Prospect of Becoming Disqualified Company Directors

A company which looses a director to disqualification can find itself in a difficult situation.

If the case is proven he or she will no longer be able to act as a company director, have any influence over the affairs of the business. Also the former director will not be able to be appoint a 'shadow' to run the company for them. And while they can still remain in business as a sole trader or in a partnership they can longer enjoy the tax breaks and concessions associated with running a limited liability.

It should also not be forgotten that in addition to these handicaps for disqualified company directors there is also the very real prospect of loss of reputation. Those who have been banned from being a director appear on the Disqualified Directors Register. They are forbidden also to become a charity trustee, or work as an insolvency practitioner.

There are fines and imprisonment for those classed as disqualified as company directors who continue their previous role. And those involved in the companies which allow them to contravene any bans will also face action.

Those facing becoming disqualified directors have every right to put up their own defence to prevent the ban being put in force. However, they are best advised to consult with solicitors who specialise in advising on and defending such cases.

Following discussions between the solicitor and client it will be determined whether there is a defence against the Directors Disqualification Order. Any defence is made in court, documented as a 'Summary of Truth' is made under oath. Others may also be asked to speak for the defence and the lawyer will helpful in co-ordinating this.

Sometimes people facing the prospect of being declared disqualified company directors may not have a defence. However, the solicitor may well be able discover there is a case for persuading the court there are mitigating circumstances. While proof of mitigating circumstances will not prevent directors from becoming barred, it may well reduce the period of time that has to be spent as a disqualified director. This is especially important, as, depending on circumstances, bans can last in excess of 10 years.

Those facing the unenviable prospect of becoming disqualified directors should seek legal assistance from specialist solicitors as quickly as possible. If your local solicitors haven't got sufficient expertise in this area of law, there are a number of legal practices who do specialise in providing legal representation for disqualified directors and who can deal with your case via e-mail and phone and sometimes Skype.

If you need a Solicitor to help you deal with a Disqualified Directors  Order then contact Bonallack & Bishop. They are a firm of lawyers who often act for disqualified company directors. Senior Partner Tim Bishop sees himself as a businessman who owns a law firm.

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Can A Graphologist Reveal Everything About The Personality From Handwriting?

Limitations of Graphology

There are certain facts about a person that you cannot tell by analyzing their handwriting.

A person's handwriting does not reveal chronological age. It does reveal mental age (or, level of maturity), which is a very different thing; and with it, the ability of the individual to arrive at his own conclusions and make his own decisions.

A person's handwriting does not reveal sex. Masculine and feminine traits-at least, as defined by society-are found in both men and women. Handwriting only reveals which of these traits are present and/or dominant, but it won't tell you whether the writer is a woman or a man.

It also won't tell you the writer's sexual preference (i.e hetero- or homosexuality, etc.). But it does point out quite vividly the writer's comfort with or guilt feelings about sexual activities.

A person's handwriting does not reveal profession. Analysis does point out talents, abilities, proclivities, and may often suggest the potential for a real skill in specific fields. It also makes clear the kind of work environment in which a particular writer would feel most comfortable. But there is no way to tell from the handwriting what profession the writer chose to follow: and as we know, many people are working at jobs which in no way use or reflect their real capabilities.

A person's handwriting does not reveal race or ethnic origin. The writing styles taught in different school systems produce "intonations" in script which are just as identifiable, for someone trained to recognize them, as accents in speech can be to a trained semanticist. But the kind of person you become depends on your own individual experiences and your own individual reactions to those experiences.

A student of graphology who has chosen to specialize in national or regional writing styles can sometimes tell where you come from by the way you write; or at least where and when you were taught to write. But there is no indicator in script which can tell even the most expert graphologist the color of the hand that's doing the writing.

A person's handwriting does not reveal their future. Because an accurate analysis of someone's handwriting does uncover essential traits, it is possible to draw reasonable conclusions about what that writer is likely to do in any given future situation. But that's as far as it goes: you cannot predict, by analyzing someone's handwriting, what those future situations might turn out to be.

You also cannot uncover a writer's past, so if you're looking for skeletons in someone's closet, graphology is not the key. As you will learn, even someone suffering from massive guilt feelings may not have ever done anything to deserve those feelings. You can project what kind of background the writer must have come from to feel the way he does; given a good enough sample, you may even be able to tell, from his reactions, what kind of confrontations he must have faced in the past. But all you know for certain are the writer's feelings about those events: you won't know, unless he tells you, what those events actually were-or what he actually did about them.

Kathleen is a certified handwriting analysis expert from the International Handwriting Analysis Foundation which offers guidance to all students of graphology worldwide.

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Five Public Pension Mistakes That Increase Municipal Bankruptcy Risk

Cities and counties across the country are running headlong into the inevitable fact that previously promised pension and retiree health care benefits are insufficiently funded.

The Pew Center on the States estimates that the gap between cumulative benefit levels and the funds set aside to pay for them is more than $1 trillion and growing. Cities like Stockton, Calif., Detroit, Mich., and Central Falls, R.I., among others, are taking extreme measures to cope with inadequate funding levels.

While every municipality is different, the path to public pension trouble revolves around some combination of generous benefits and inadequate funding. Here are five mistakes frequently made by public pension sponsors.

1. Promise Excessive Pension Benefits.

The city of Bell, Calif., provides an extreme example of excessive salaries and pensions. The Bell city manager at one time earned a salary of $784,637 with an annual pension package of between $650,000 and $880,000. The California Public Employees Retirement System (CalPERS) later reduced this to $50,000, and has since initiated a systematic review of public pensions and high salaries.

2. Avoid Employee Pension Contributions.

As the cost of pensions and health care benefits increases, most plan sponsors are now requiring participants to pay a portion of their benefit costs through payroll deductions. The state of Wisconsin underwent a very public debate on this topic in 2011, and employee deductions were ultimately increased. Stockton, Calif., which is now moving toward bankruptcy, took a different approach by first requiring an employee contribution but then agreeing to pay the worker portion as well as the employer obligation.

3. Inflate Final Pay.

"Spiking" is the term used to describe extreme salary increases in the final years prior to an employee's retirement. The result is a greatly increased pension base. Take the case of a San Francisco-area school superintendent, who was awarded a $61,000 raise in his final year of employment. He then qualified for a $154,600 annual pension, which is more than he was paid in salary most years. This was later cut to $114,600, however, after a review by the California Teacher Fund.

4. Ignore Unfunded Liabilities.

Kicking the can down the road is a favorite political expression when it comes to the avoidance of paying for popular entitlement and benefit programs. This is certainly the case with both pensions and retiree health care benefits. State pension plans are only 78% funded, according to the Pew Center on the States. Retiree health care, which is accounted for on a "pay as you go" basis rather than funded in advance, is in dire straits with only a 5% funded level for expected future obligations.

5. Make Risky Bets.

Sponsors of under-funded municipal pension plans sometimes see high risk investments as their best chance of accelerating asset growth. Stockton, Calif. is one example. The city borrowed $125 million in 2007 to invest in CalPERS, hoping for big returns. Instead, stock market losses cut the city's loan principal by 24%-30%. The bet clearly backfired, and now Stockton must pay loan interest costs on top of the underlying pension obligations.

New York state has taken a different approach to dealing with its unfunded public pension liabilities, by allowing plan sponsors to borrow from the state's $140 billion pension fund as a means of financing their annual contributions. Borrowing this year is estimated to reach $200 million, up from $45 million in 2011.

IN SUMMARY

In the current economic environment, new legal precedent is continuing to be set as state and local governments grapple with the debt amassed from their under-funded pension and retiree health care liabilities.

Rhode Island, which is only 59% funded on its $11 billion pension liability, is one state that is leading the way with meaningful pension reform. See http://www.pensionreformri.com for details.

April 18, 2012

Mark Johnson, Ph.D., J.D., a highly experienced ERISA expert, is founder of ERISA Benefits Consulting Inc. http://www.erisa-benefits.com/ As a former ERISA Plan Managing Director and plan fiduciary for a Fortune 500 company, Dr. Johnson has practical knowledge of plan documents as well as an in-depth understanding of ERISA obligations. He works as an expert consultant and witness on 401(k), ESOP and pension fiduciary liability; retiree medical benefit coverage; third party administrator disputes; individual benefit claims; pension benefits in bankruptcy; long term disability benefits; and cash conversion balances. He can be reached at 817-909-0778. ERISA Benefits Consulting, Inc by Mark Johnson provides benefit consulting and advisory services and does not engage in the practice of law.

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