5 Legal Points Concerning Bank Fraud Crime

By M.S, February 23, 2007

Violations of law at a bank or by using accounts of a financial institution are commonly prosecuted in federal court as “bank fraud.”

The United States Attorney Office will seek an Indictment (a charging document formally charging the person with a crime) for bank fraud based upon a relatively non-complex theft or embezzlement of monies by a bank employee, or a more complex scheme to defraud based upon false statements, such as an overvaluation of property or securities. Also, the federal prosecutor office will seek an Indictment for bank fraud based upon a complex scheme to defraud, such as a scheme based upon a series of false loan applications and misuses of loaned monies or non-existent collateral.

The United States Code contains federal crimes that are prosecuted by the Department of Justice or its field offices, the United States Attorney Offices, in respective districts in the different states. Title 18, United States Code, Section 1344, titled Bank Fraud, makes it a crime to defraud a bank or commit a scheme to defraud regarding the accounts of a financial institution. Title 18, U.S. Code, Section 1344 reads as follows:

BANK FRAUD Whoever knowingly executes, or attempts to execute, a scheme or artifice 1) to defraud a financial institution; or 2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody of or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises; shall be fined not more than $1,000,000 or imprisoned for more than 30 years, or both.

FALSE STATEMENTS The violation of making a false statement to a financial institution is also a commonly used criminal law used to prosecute people for making misrepresentations to fact to a bank. The crime of making a false statement is often utilized when federal prosecutors are investigating a person for bank fraud or violations concerning a financial institution. Under Title 18, United States Code, Section 1014, it is a federal crime to make a false statement to a financial institution. 18 U.S. C. 1014 reads as follows (in summary):

False Statements to a Financial Institution Whoever knowingly 1) Makes a false statement, or overvalues any property 2) For the purpose of influencing an anyway 3) The action of a financial institution shall be fined not more than $1,000,000 or imprisoned for more than 30 years, or both.

Neil Lemons represents Dallas-based criminal attorney John Teakell, who offers defense for Bank fraud” as well as other white collar offenses. For more information, visit http://www.teakelllaw.com.

Labor Law Attorneys: How They Can Help

By M.S, February 22, 2007

Labor Law Attorneys represent clients who are having problems in areas of employer- employee relationships especially concerning the overtime law. Some people may be inclined to read the law on their own and represent themselves; this isn’t the way to go. If you check with the Labor board they may be able to help for no charge in the recovery of your lost wages. Some employees will seek the help of a Labor law Attorney for the recovery of wages, award meals and breaks but these same attorneys could be of help with things such as collecting penalties and interest for the failure to pay the overtime.

Also a good attorney may be effective in collecting penalties for an employer failing to pay wages in a timely manner after a separation of employment. The other penalties that an attorney could pursue are vacation pay and other forms of compensation. Labor Law Attorneys are not only of help for solving money issues with employers but they also come into play with other Employee litigation that involves harassment, discrimination, and wrongful termination cases as well. There are different forms of harassment, one of course is sexual harassment which can exist of inappropriate contact, unwelcome advances sexual comments that are defensive, offers a raises or promotions with sexual favors or displaying sexual images. The other is in the form of race, disability, age, religion, and national origin. This may occur in the form of degrading words and gestures, letters, and jokes. You will see these discriminations sometimes in the form of job advancement, termination of employment, pay, and such. So harassment could be in any form. It can be in the form of sex, to race, disability, age, religion. The purpose of a Labor law attorney is to see to it that you are represented well in a case you have against an employer who you feel have cheated you out of money or who has made unwanted sexual advances at you, to anything from unfair termination, or treated you differently because of your race, color or creed.

Ulises Tarmet is a paralegal who has worked with many {a href= http://www.collectovertime.com/ } California Overtime Lawyers educating many clients about {a href= http://www.californialaborlaw.info/ } California Overtime Laws.

Tips on How to Work With Your Lawyer

By M.S, February 15, 2007

1. Get organized. Prepare detailed written notes outlining your legal problem or questions. Provide the lawyer all the details, and let he or she decide what is important to your case.

2. Complete and honest disclosure of all facts. It is very important that you provide a complete and honest description of your problem, including information that may be favorable, unfavorable, or embarrassing. Leaving out a minor fact or detail could have a huge negative impact on your case. Only if you fully disclose the facts about your situation can an attorney properly advise you. Remember that there are strict rules that require an attorney to keep your information confidential. 3. Discuss fees. Your attorney will be ready to discuss fees at the first meeting, and you should be ready to do the same. You can and should negotiate fees and discuss payment plans with your attorney. Get your agreement in writing and keep a copy for your file. Most disputes about fees happen because there is no written record of an agreement. 4. Ask a lawyer questions. In order for your attorney to serve you better, you must understand all aspects of your case and the legal process. Understanding the process will help you understand how the lawyer is working and what type of information is needed on your case. But remember, you are paying for your attorney’s time. It is more cost effective to ask several questions at once instead of calling your attorney every time one question comes to mind. You may be charged for each call depending on your fee agreement. 5. Understand what you sign. Before you sign a document, ask your attorney to fully explain to your satisfaction any document. What can be clear and routine to an attorney can be confusing to people without formal legal training. 6. Keep your own records. Ask for copies of all letters and documents prepared on your case. You should also keep the written fee agreement between you and your attorney in the file. You may have to access this information at some point in the future so it is important to maintain records. 7. Legal advice. Give careful and thoughtful consideration to what your attorney advises. The attorney’s judgments are based on legal training and experience. Remember that lawyers cannot work magic. No attorney wins every case, and sometimes the best legal advice may not be what you want to hear. Your attorney will provide advice that has your best legal interests in mind. The central focus of any case is the facts. Each side will have facts that contribute to the outcome of the case. It is the lawyer’s responsibility to make you aware of the potential outcome of your case based on the facts. HOW DO I PREPARE AND WHAT SHOULD I TAKE TO THE FIRST INTERVIEW? Plan to go to the first interview with an open mind. You do not have to decide to employ the attorney with whom you are interviewing until you have had time to think about the interview and your experience in communicating with the lawyer.

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Your Mesothelioma Case

By M.S, February 5, 2007

Your Mesothelioma case is important to you. You have been robbed of years of your life because of someone’s negligence. The question is what are you going to do about it? Mesothelioma is a serious disease. Mesothelioma is caused from exposure to asbestos materials. Often times, Mesothelioma takes decades for this disease to come to the surface. When it is noticed, Mesothelioma is often in its last stages, beyond medical treatment. What does this mean to you, the injured? What does it mean for your family as well? Mesothelioma is also reason to look into litigation.

There are many websites out there that will tell you about Mesothelioma, its causes and its treatments. What about the suffering that it causes? What about the years it takes off someone’s life? This is where Mesothelioma laws come into play. Every state has very stringent laws regarding asbestos material. Although it has been banned from use for many years, it is often found and people are exposed to it in older buildings. Most of the time it is not known to be there but, every state also has laws regarding proper care of asbestos material and precautions regarding its removal in order to prevent Mesothelioma. That is because of how serious a disease Mesothelioma is.

If you are one of the people who have been exposed to asbestos and are now dealing with Mesothelioma, you should know that you may have a lawsuit claim. Now, perhaps you feel it is no ones fault. Or, perhaps it was so long ago that you just don’t want to dig it back up. The bottom line is this. If you were exposed to asbestos and it leads to Mesothelioma, you may have a case to help with your care, your family’s care, and even your medical bills. Mesothelioma is quite serious and someone should have to help with all of this, right?

To begin your search for information on Mesothelioma laws in your state, you can look on websites like www.thesmartattorneys.com . You can also look to that site for more information on finding a Mesothelioma lawyers. Your Mesothelioma attorneys will help you decide if and when you should pursue a Mesothelioma case. Find out what the laws in your area are regarding Mesothelioma. Find out if you have a Mesothelioma case.

S A Baker is staff writer at http://www.thesmartattorneys.com

Asbestos Exposure: Who Is At Risk?

By M.S, February 1, 2007

Asbestos refers to a group of six naturally occurring fibrous minerals. Three of the six types of asbestos were once widely used in the United States for the strength and durability of their fibers. The federal government began strictly regulating asbestos in the mid-1970s after discovering that the mineral caused serious health problems, including asbestosis and mesothelioma .

Occupational Asbestos Exposure Risk

Many people are exposed to asbestos at work. The following are some of the occupational environments that may increase an individual’s asbestos exposure risk:

  • Construction sites
  • Asbestos product manufacturing sites
  • Oil refineries
  • Mines
  • Shipyards
  • Steel mills
  • Power plants
  • Automotive manufacturing facilities
  • Offshore rust removal sites
  • Railroads
  • Maritime operation sites
  • Demolition sites

If you have a heightened asbestos exposure risk, you may wish to consult with a physician experienced in the evaluation and management of asbestos-related diseases.You may also wish to speak with a qualified asbestos attorney if you have developed mesothelioma or similar asbestos-related disease.

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