Super Drunk Driving

Mark J. Mandell, Esq.

Although it was enacted in October, 2010, a recent incident in Saline, Michigan reminds us that Michigan’s “super drunk” driving law is still making headlines.

Last week a 16-year-old boy driving in Saline, Michigan slid off the road and crashed his car in a ditch after police witnessed him going in excess of 80mph in a 25mph zone. Upon arriving at the scene police quickly realized alcohol was involved and ordered a breathalyzer test, revealing a B.A.C of .17. Being over twice the legal limit, the boy met the standards for being “super drunk”.

According to MCL 257.625, a driver who operates a vehicle with a B.A.C. of .17 or higher can be convicted of being “super drunk”. The charge can result in up to 180 days in jail, a $200 to $700 fine and up to 360 hours of community service. Furthermore, being found “super drunk” mandates the offender to complete a one-year alcohol rehabilitation program and effects driving privileges on their license.

"These aren't people who just had a glass or two of wine at dinner or a party — these are people with alarmingly high blood-alcohol counts, some in the high 0.20s and even into the 0.30s, out drunk in the middle of the day," said Oakland County Prosecutor Jessica Cooper.

Although the fate of the boy from Saline has yet to be determined, “super drunk” convictions certainly aren’t a rarity. Since the law went into effect more than 17 months ago, six drivers a day, on average, are convicted under the statute.

Despite all the convictions it is still unclear whether the law is serving its purpose as a stronger deterrent for drunk drivers in Michigan. “It might be more than a decade before we can accurately measure and calculate what it all means,” stated Cooper.

To learn more and see the original articles, please visit:

http://www.annarbor.com/news/crime/saline-boy-arrested-after-allegedly-crashing-car-while-super-drunk/

http://www.policeone.com/traffic-patrol/articles/5409283-Mich-police-target-Super-Drunks/

If you have questions in this area of law, contact Mark Mandell at (248) 380-9976.

Obama Signs JOBS Act

 John Walsh, Esq.

This spring small business owners have more to look forward to than just better weather on their off days. In early April, President Obama signed into law the JOBS Act, a bill that takes aim at improving small business growth.

The Jumpstart Our Business Startups (JOBS) Act, focuses on easing financial regulations on small businesses. The law rescinds prohibitions on small businesses from using advertising to attract investors and makes it easier for smaller companies to launch IPOs. The JOBS Act also allows small businesses to raise up to $1 million annually through “crowdfunding”, a technique used to gain capital from investors in exchange for small shares of stock, done typically over the internet.

Despite the popularity of the bill in the House and Senate, some investing groups and regulators are critical of the bill due to potential loopholes in its drafting. The language of the JOBS Act may allow for companies to secretly work out disagreements with regulators in private, before going public.

“While the JOBS Act is to be commended for increasing the funding for small businesses, great care should still be taken by companies and investors to comply with remaining security regulations,” said business attorney Walsh.

Any investor knows that disagreements with regulators and accounting troubles with the SEC are pieces of information that the public should know about prior to investing.

White House spokesman Jay Carney told reporters not to worry, stating "The president will ensure in the implementation of this (law) that investor protections are maintained."

If you have business or finance questions, contact John Walsh at (248) 380-0000.

To learn more or read the original article, please visit: http://www.nypost.com/p/news/national/obama_signs_small_business_legislation_NuIuvSWXok2Tws2ozaNXbL

Veterans Crisis Line

Kristina Derro

Veterans Disability Lawyer

There are few phone numbers that the public as a whole has memorized, but it’s time to add one more to the list: 1-800-273-8255 and press 1. By dialing these numbers one reaches the Veterans Crisis Line, a resource that the importance of which cannot be overstated.

The line (formally known as the National Veterans Suicide Prevention Hotline) is a service dedicated to helping Veterans in their times of need. Calling the line relays you to a caring professional that is specially trained and experienced with listening and assisting Veterans of all ages and circumstances. Launched in 2007, the Veterans Crisis Line has answered more than 500,000 calls and made more than 18,000 life-saving rescues.

The Veterans Crisis Line has a website, http://www.veteranscrisisline.net/, where anonymous online chatting is available, and a texting service where help can be found by sending a message to 838255. These services can be used by Veterans, family members, friends, or even those encountering a Veteran who they believe could use the service. All of the above are free of charge and open 24 hours a day, 7 days a week, 365 days a year.

If you’re a Veteran, or are close to a Veteran who needs help, we encourage you to use the Veterans Crisis Line.

To learn more, please visit: http://www.veteranscrisisline.net/

If you have questions in the area of veterans disability law, contact Kristina Derro at (800) 693-4800.

Medicare Fraud –Troy, Michigan

Mark Mandell, Esq.

Three laboratory companies in Troy, Michigan are merely another example of our Country’s Medicare system being thoroughly abused.

Coventry Diagnostics LLC and Western Slope Laboratory LLC were both owned by an umbrella company Accela Medical LLC. Through an investigation, the U.S. Attorney’s Office found that Accela had billed for over $6 million in Medicare funds, using a specific billing code more than any other provider in the Nation. Accela turned out to be owned by Thomas McCormick of Troy, Michigan, who was using the company as a front to circumvent his previous Medicare fraud related disbarment.

The investigation turned up $900 worth of urine tests (billed for every patient despite the need) and falsified documents to the government about the ownership of all three laboratories. The $6 million will be repaid as U.S. District Judge Stephen J. Murphy III froze assets including $400,000 in cash, transfer of a North Carolina beach home, $500,000 transferred to a shareholder in Singapore and much more.

U.S. Attorney Barbara L. McQuade commented on the issue.

 “This fraud was discovered by analyzing data to flag billing anomalies….Providers should be aware that law enforcement is scrutinizing billing records to identify providers who are stealing from taxpayers."

To learn more and see the original article, please visit:

 http://www.dailytribune.com/article/20120210/NEWS/302109937/troy-labs-to-pay-6m-in-fraud-fines

If you have questions in this area of law contact Mark Mandell at 248-380-9976.

MPOH Priorities

Jim Fausone

Veterans Disability Attorney

We work with Veteran Service Organizations every week.  We help their members.  We attend their functions and fund some projects.  So it is in that spirit that we want to acknowledge the Military Order of Purple Heart and its commander's recent testimony before Congress. 

Bill Hutton, National Commander of the Military Order of the Purple Heart, testified before a joint hearing of the Senate and House Committees on Veteran’s Affairs on the priority veteran issues that the organization believes the Congress needs to address in the 112th Session of Congress. The issues that deserve priority include:  TBI, PTSD, VA backlog, elimination of offsets like DIC and concurrent benefits, and VA funding.  I would encourage you to read more about MPOH's proposed priorities because they are our priorities as veteran advocates. 

 http://www.marketwatch.com/story/moph-national-commander-testifies-on-veteran-priorities-for-2012-2012-03-22

Law Day Essay Award Competition

With Spring Break over and summer freedom a couple short months away, high school students in Westland are being presented a fun and educational way to win a $100 U.S. Savings Bond. Fausone Bohn, LLP is sponsoring an essay contest for Westland High School students who are interested in letting us know why our courts are so important in this country and why keeping them open and accessible is integral to our way of life.

To be eligible for the contest you must be a high school student (9^th-12^th grade) who is a resident of the City of Westland and is enrolled in a Civics/Social Studies class during the 2011-2012 school year. The contest costs nothing to enter, apart from a well-written essay explaining the need of our court system to remain open and accessible.

Michael McNamara, Westland’s Assistant City Attorney, stated…

 “The Westland City Attorney’s 16 Annual Angelo A. Plakas Law Day Essay Competition is named in honor of long time City Attorney Angelo Plakas. Mr. Plakas was a teacher as well as an attorney. The contest blends the legal theme of “No Courts, No Justice, No Freedom” with the civics class stressing the importance of access to justice for everyone. The students are asked to think about how important the courts are to resolving conflicts in both the civil and criminal judicial systems.”

Entries are to be submitted to Ms. Michele Anderson, John Glenn High School, by Wednesday, April 18, 2012 by 3:00 p.m. After submission, the essays will be critiqued and reviewed by three attorneys from the staff of Fausone Bohn, LLP, Westland’s City Attorneys. The winner will be announced on Monday, May 7, 2012, during the Westland City Council Meeting and will receive a personalized plaque along with a $100 U.S. Savings Bond.

If you have any questions, please contact, Assistant City Attorney, Michael M. McNamara at (248) 380-0000, Ext. 3218.

To learn more about the contest, please visit: http://www.cityofwestland.com/law-day-essay-award-competition.html

I've Got Mine

Jim Fausone

Veterans Disability Lawyer

Maybe it’s just human nature, but it ticks me off when someone has their's and then wants to deny others the opportunity to get the same.  I have seen it with people on property rights -  I have a swimming pool, deck, boat dock, etc and now the city should deny any more permits.  I have seen it with retirement pay from government employees -  I have mine now the city, state, etc should tighten up the retirement rules.  Here is a story of a Washington State legislator who has a 40% VA disability. 

 He now is the champion of cutting benefits because he does not want to encourage a life style that is premised on government benefits. State Sen. Joseph Zarelli  said the people in the state system were making poor lifestyle choices — such as drug and alcohol addiction.  "What I do know from those types of so-called disabilities is that aiding and abetting them does not make them better," Zarelli said. "If you enable people to participate in that type of a lifestyle — you support it and make it more comfortable for them — all you are doing is aiding in their demise."   It sounds like political rhetoric to me.  Those programs — Medical Care Services and Housing and Essential Needs — provide medical care to thousands of residents, along with temporary housing and other noncash assistance, such as toiletries and bus passes. About 60 percent of participants in the Medical Care Services program are primarily incapacitated because of a mental issue, while 40 percent have primarily physical problems, according to data from the Department of Social and Health Services. About 40 percent are homeless. The program is designed for people who are unable to work because of their incapacity.

You would hope that a veteran receiving disability compensation for a back problem would have a little more compassion for those in need.  There a people on disability or government programs that are scamming the system.  But the focus should be on weeding them out not ripping up the safety net for those who truly need it.  You can read more about this dilemma brewing in Washington State at :   http://seattletimes.nwsource.com/html/localnews/2017919518_zarelli06.html

Therapeutic Writing

James G. Fausone
Veterans Disability Lawyer

When it comes to dealing with their emotions, all Veterans should be taking a page out of Mark Durfee’s book. Durfee, a 58 year old U.S. Navy Veteran, is encouraging his fellow former servicemen to join his creative writing club. The club focuses on allowing Veterans to express themselves through poetry and speak about their writing.

 A poet since he was a teen, Durfee believes that writing down one’s emotions and speaking with others about those words allows for a type of therapeutic healing that many Veterans seek.

“The idea is to be a bottle opener and let some of that steam out”, Durfee stated, when asked about his method.

So does it really work? According to a 2007 UCLA study, neuroscientists have found that writing down your emotions can significantly reduce feelings of sadness, anger, or depression. “It’s similar to the way you hit the brakes when you see a yellow light….” stated Matthew D. Lieberman, Associate Professor of Psychology at UCLA, “Seeing your feelings in written words can hit the brakes on your emotional responses.”

Durfee’s club doesn’t work strictly with poetry; short stories, journals, and other writings are all warmly welcomed with no writing experience required. Durfee’s program is being offered at no charge by Westland's William P. Faust Library. The next session is set for 7 p.m. Wednesday, April 18. Participants can register by calling (734) 326-6123.

To learn more and see the original article, please visit: http://www.hometownlife.com/article/20120405/NEWS24/204050551/Veteran-starts-writing-group-fellow-vets?odyssey=mod|newswell|text|Westland|s

To see the 2007 UCLA psychological study, please visit: http://www.sciencedaily.com/releases/2007/06/070622090727.htm

Leaking Underground Storage Tank

Paul Bohn

Leaking underground storage tanks are starting to make Pure Michigan, not so pure. These tanks buried under gas stations, occasionally leak fuel into the ground and require large cleanup operations to avoid continuous pollution.

According to government data, Michigan has the worst closure rate on cleanup sites in the nation. The reason? State officials say Michigan is underfunded, receiving only $20 million annually on a cleanup that costs north of $170 million each year.

State Senator Tom Casperson proposed a bill that would reduce state control over cleanups and pass more responsibility to private contractors. The bill would enable the DEQ to use risk-based cleanup standards for the leaking tanks, and allow civil lawsuits by people affected by the pollution. Having passed the Senate and House of Representatives, Gov. Rick Snyder is expected to approve the bill.

However, critics say the bill makes it harder to prove who is responsible for a polluted site and could increase the burden on the state. Michigan currently has over 4,500 ‘orphan’ polluted sites and financially can’t afford to have any more.

Another concern with the bill is that it ignores the problem of funding. Michigan’s cleanup program is funded by a 7/8^th of 1-cent fuel tax, generating about $56 million annually. To add insult to injury, instead of being used to clean underground tank leaks, a large portion of this $56 million is frequently used to rebalance Michigan’s faltering budget.  If you have tank or environmental problems, call Paul Bohn at (248) 380-9988.

To learn more and see the original article, visit: http://www.mlive.com/politics/index.ssf/2012/03/underground_storage-tank_clean.html

Therapy Dogs & Veterans

James G. Fausone

Veterans Disability Lawyer

In case you ever doubted that dog is man’s best friend, just ask one of the Veterans associated with Stiggy’s Dogs. Stiggy’s, a Northville, MI organization, helps both Veterans and shelter dogs, by fostering the loving bond between them.

Stiggy’s rescues dogs from shelters in the area, such as the Michigan Humane Society, and then trains them to become Psychiatric Service Dogs (PSD’s). These trained PSD’s can remind a Veteran when to take their medicine, wake them up during a nightmare, direct them through a crowd, and even function as an alarm clock. The dogs also help the Veterans deal with anxiety, feelings of depression, and even PTSD.

Stiggy’s results speak for themselves. 82% of Veterans assigned a dog had a decrease in PTSD symptoms, and a 40% decrease in the medications.

Apart from their success with the Veteran community, Stiggy’s Dogs has even more to celebrate this year as one of their service dogs was nominated for the National Hero Dog Award. “Honor”, a 4 year old PSD, assists her Veteran in Charlestown, Massachusetts. With her specialized training, Honor has helped her Veteran through night terrors, getting off medication, and even being diagnosed with ovarian cancer.

“Honor” certainly has Fausone Bohn’s vote for National Hero Dog.  General Fausone serves on Stiggy’s board of directors and Paul Bohn even had the chance to meet the caring service dog.   We give Stiggy’s and Honor our hearty congratulations.

If you are a Veteran interested in a PSD from Stiggy’s Dogs, or to learn more, visit: http://stiggysdogs.org/

To help “Honor” claim the National Hero Dog Award, cast your vote at: http://www.herodogawards.org/vote/?nominee=53795877#

Job Challenges for OIF/OEF Veterans

Kristina Derro

Veterans Disability Lawyer

There has recently been a big push by employers and the government to help post 9/11 veterans find jobs. That big push has knocked the unemployment rate for OIF/OEF veterans to 7.6% in February, below the overall U.S. unemployment rate of 8.3%.

However, countless veterans still struggle to find work. Many entered the military immediately after high school and didn’t have a chance to build a resume in the civilian work force. This limits their job opportunities after discharge because many employers don’t know what to do with them. Every veteran has a military occupational specialty while in service; some of skills honed during the service are easily transferrable to the civilian world. For example, military occupational specialties such as a pilot, mechanic, or clerk have similar jobs in the civilian market. However, infantryman often find that their skills are not easily transferable, unless they want to become a police officer.

Oftentimes, when OIF/OEF veterans do find work, they find it difficult to hold their jobs. Many have undiagnosed post traumatic stress disorder (PTSD) and some of the symptoms of the disorder, such as difficulties in social situations, anger issues, outbursts, etc. can limit positions in a field that requires interactions with the public. However, OIF/OEF veterans are beginning to utilize the GI Bill and are receiving college and post-graduate educations, enabling them to enter the civilian workforce with a different skill-set then they honed while in the military.

The government has been trying to encourage employers to hire veterans. With the passage of a number of bills specifically designed to support veteran hiring and training, the unemployment rate for veterans has dropped. The Returning Heroes and Wounded Warrior tax credits provide money to employers who hire veterans who either have been unemployed for at least four weeks or are disabled.

Even without the tax credits, employers have begun to recognize the unique characteristics that a veteran brings to his or her place of employment. Veterans are natural leaders, who are disciplined and dedicated—they are the people you can rely upon.

The Veterans Administration (VA) is trying to do its part in promoting the hiring of veterans. Detroit is the proud host this year of the National Veteran Small Business Conference and Expo, which the VA sponsors, from June 26 through June 29. The four day event will also host a job fair, allowing veterans to link up with potential employers. Visit http://www.nationalveteransconference.com/welcome for more information.

TV Tax Fraud

Mark J. Mandell

You won’t be seeing any commercials for TaxMasters any time soon, due to a recent court decision in Texas. A jury handed down a recent verdict, finding that TaxMasters and its predecessor company had committed over 110,000 violations of Texas’ Deceptive Trade Practices Act.

TaxMasters, a Houston-based tax consultation company, misled customers with contract terms and also routinely missed IRS deadlines at their customer’s expense. The court ordered that TaxMasters pay $195 million back in damages, $46 million coming from founder Patrick Cox’s pocket, and the rest from the firm itself.

Unfortunately, TaxMasters filed for bankruptcy earlier in the month and it is estimated that they owe money to up to 5,000 separate creditors. It is speculated that the bankruptcy filing might be a way for TaxMasters to get out from under the $195 million dollar judgment. This would be a huge loss for the defrauded customers, of which $113 million was earmarked restitution for.  

Texas Attorney General Greg Abbott is still happy with the verdict, stating:

“[The] decision marks a significant victory for the Texans and TaxMasters customers nationwide who sought help from TaxMasters with their income tax debts and were taken advantage of in the midst of a national economic downturn."

If you have been the victim of a fraud scheme, contact Mark Mandell at (248) 380-9976 for help.

To learn more or see the original article, please visit: http://money.cnn.com/2012/03/30/news/companies/taxmasters-fraud/index.htm

Real Estate Jobs for Veterans

By Brig. General Carol Ann Fausone

Following their regional summit last week, real estate giant Keller Williams unveiled a plan to start a unique Veterans hiring program. Headquartered in Austin, Texas with over 77,000 agents in the United States and Canada, Keller Williams plans to implement their “Hire a Vet” program to help military heroes start a new career in real estate.

Lou Ronayne, a Regional Director with Keller Williams in Northville, Michigan, stated the company plans to hire over 100 Veterans in the next 60 days. Through this innovative program, Keller Williams hopes to give back to those who have protected our liberties and inspired our communities.

To help ease the transition into a career in real estate, training and support through Keller Williams is provided to new agents. The training focuses on four core topics: knowledge, commitment, integrity, and success; all four of which our Veterans showcase with ease.  

If you are Veteran interested in becoming a Keller Williams agent, please call Lou Ronayne at: 248-504-6611 or visit http://www.realestatecareers4vets.com/.

Employers Want Passwords

Tariq Hafeez

Those of us who have been through the interview process can agree, it can be nerve racking. However, interviewees today may have it even worse due to an increasingly popular question, “Can you please give us your Facebook password?”

This past week, two U.S. senators asked the Attorney General to investigate whether employers asking for Facebook passwords during interviews are violating federal law. The senators, Chuck Schumer and Richard Blumenthal, are asking the Department of Justice and the U.S. Equal Employment Opportunity Commission to launch investigations into the issue.

The goal of the senators is to find out if this practice violates the Stored Communications Act or the Computer Fraud and Abuse Act; both of which seek to prohibit access to electronic information without authorization.

Corresponding with these queries, senators from various states have proposed bills that would prohibit employers from asking such a question during a job interview.

Recently, Facebook has warned employers of implementing this practice, stating they would seek legal action against applications that violate its long standing policy against password sharing.

"In an age where more and more of our personal information — and our private social interactions — are online, it is vital that all individuals be allowed to determine for themselves what personal information they want to make public and protect personal information from their would-be employers. This is especially important during the job-seeking process, when all the power is on one side of the fence," Senator Schumer said in a statement.

For business advice, including drafting employment and social media policy, contact Tariq Hafeez at (248) 380-0000  ext. 3203.

To learn more and see the original article, visit: http://www.detroitnews.com/apps/pbcs.dll/article?AID=/201203260100/TECHNOLOGY/203260337