Too Good to be True

With the economy slowly on the rise, new investors need to be weary of people like Alan James Watson. Watson, 47, from Clinton Township, Michigan, was recently sentenced to 12 years in prison for fraudulently receiving over $40 million dollars from investors in his ‘investment club’.

Using the name Cash Flow Financial LLC, Watson’s investment club was advertised as having a guaranteed rate of return of 10% per month. Despite the fact every investor should know there is no such thing as a guaranteed return, let alone one of 10% per month, people fell for it. Over 900 people stretching from Virginia to California succumbed to Watson’s fake promises and ended up losing it all.

Here’s how it worked: Watson told investors that their money would be invested through an equities-trading system developed by an expert consultant, Trade LLC. In reality, of the $40 million Watson received, only $6 million ever made its way to Trade LLC. Watson invested the rest of the money in miscellaneous, high-risk ventures without the consent of the investors and ended up losing all $34 million.

Despite this enormous loss, Watson continued to falsify monthly account statements and investors continued to believe they were making serious money. He kept investors on the hook by operating a Ponzi scheme, where initial investors were paid off with subsequent investors’ money.

When it was all over, Watson was found guilty of wire fraud and asked to forfeit $36,615,344. The US Commodity Futures Trading Commission (CFTC) has recently filed civil charges against him as well, stating he improperly used investors’ money for personal gain.

To learn more or see the original article, please visit: http://www.risk.net/operational-risk-and-regulation/news/2112462/investment-club-manager-guilty-usd40-million-fraud

If you have questions about false or fraudulent activity, contact Mark Mandell at 248/380-9976.

Iraq/Afghanistan Vets and Respiratory Illness

Kristina Derro
Veterans Disability Lawyer

Although our troops are already in enough danger being overseas in hostile areas, they now have a new hidden threat to their health, respiratory illness.

A recent medical study has found that United States military personnel and civilian contractors deployed to Iraq and Afghanistan may be at risk for chronic lung disease, including asthma and constrictive bronchiolitis (CB). The study showed that ‘deployers’ experienced respiratory symptoms at a 4% higher rate than non-deployers, despite physician-diagnosed asthma and chronic bronchitis remaining equal.

Kalie VonFeldt, Maura Robinson, and Cecil Rose, the medical professionals in charge of the study, targeted four factors in explaining this health risk:

Desert Dust: With the rapidly degrading soils and the frequent dust storms, lead and other metals typically found in desert dust are in sizes small enough to penetrate the small airways of our troops’ lungs.

Burn Pits: The Department of Defense estimates the average American soldier generates 9 to 12 pounds of waste per day; all of which is typically disposed of in open air burn pits.

Industrial Fires: Burning oil and other industrial compounds typically release hydrogen sulfide and sulfur dioxide. Both of these oxides of sulfur are known causes of CB.

Cigarette Smoking and Secondhand Smoke: Recent studies have shown almost 1/3 of U.S. Troops smoke cigarettes while deployed. While those that do smoke harm themselves by choice, the other 66% are subject to high levels of secondhand smoke.

Taken together, these factors could be the explanation of the 14.5% asthma rate in Iraq/Afghanistan deployed troops, compared to the 1.8% of troops deployed elsewhere. Although further study will be needed to see the exact effects of the aforementioned factors, these numbers certainly suggest the medical community is pointed in the right direction.

To learn more or see the original study, please visit: http://www.rtmagazine.com/issues/articles/2012-05_02.asp

If you need help with your VA disability claim, contact us at (800) 693-4800.

One of the Good Guys

James G. Fausone

Veterans Disability Lawyer

Dr. Michael Paletta, the chief medical director of Hospice of Michigan and a retired Air Force medical officer, knows there are other ways a doctor can impact a life than simply with medicine.

Earlier in the month, Dr. Paletta was called to the house of an elderly man who had ‘given up’ after his numerous trips to the ER and doctors telling him there was no more they could do. After walking into the room and introducing himself, Dr. Paletta didn’t ask about the man’s medicine regimen, his recent ER trips, or why he was refusing care; he simply got to know him. 

Veteran to veteran, Dr. Paletta learned that the elderly man, Don, was a WWII veteran who had been a crewman in the B17 bomber. During the course of their conversation, Dr. Paletta and Don reminisced about the ones they’d lost, the ones they’d loved, and formed a bond that most of us will never know, in less than an hour’s time.

After the talk, Don’s daughter told Dr. Paletta that it was the first time he’d spoken to anyone in a week and hadn’t even told his family most of the war stories Dr. Paletta had just heard. Ten days later, Don passed away in peace.

Dr. Paletta has a hard time explaining the sacred space around someone in the final moments of life, but knows that he explored that space with Don during their encounter.

Dr. Paletta is a supporter of LHFV and is also a former comrade of Brig. Gen. Carol Ann Fausone.  Dr. Paletta has reviewed cases for us and provides valuable medical opinions.  He is one of the good guys.

To learn more and see the original article, please visit: http://www.freep.com/article/20120527/OPINION05/205270491/Guest-commentary-A-veteran-s-sacred-space-at-life-s-end

Statistics Don't Lie

Kristina L. Derro

Veterans Disability Lawyer

The returning veterans from the recent wars in Iraq and Afghanistan are looking to be the most medically and mentally troubled generation of troops in the nation’s history. Of the 1.6 million returning troops, over 45% of them are seeking compensation for injuries sustained while in active duty; over double the VA’s projected estimates.  

To make matters worse, these new veterans are claiming nine ailments a piece on average. This is up from the Vietnam average of four per veteran, and the WWII rate of only two. Researchers suggest that an increased awareness of problems such as concussions and PTSD, combined with more troops surviving their wounds helps explain the increase in these numbers.   Additionally, it would seem the VA’s willingness to recognize certain “soft” disabilities could be impacting this number.  Thus, the historical averages may be artificially low.

The numbers however aren’t the only things changing, the types of injuries sustained are also different from what the VA has seen before. With a majority of the injuries in our most recent wars being due to IEDs (Improvised Explosive Devices), the VA is seeing increases in hearing loss, blindness and damage to lower extremities. The good news is that over 95% of troops injured in Iraq and Afghanistan ended up surviving their wounds.

As with any war, the cost of caring for veterans rises for several decades and peaks roughly 35 years after the conflict due to diseases brought upon by aging. With so many recent veterans filing more claims than ever before, our country needs to start preparing for a rather large bill in the coming years. The VA is struggling with processing these claims accurately and needs to improve its service delivery.

Still, despite these concerns and the increasing costs of our returning veterans, the most important thing for us to remember is that they’re returning at all.   

To learn more or see the original article, please visit: http://www.usatoday.com/news/health/story/2012-05-28/veteran-disability/55250092/1#.T8SntzI-A5s.email

Shocking Error Rate at California VA

Jim Fausone

Veteran Disability Lawyer

With the dust still settling from the shocking numbers of the VA backlog, a review of California’s three regional VA offices sheds light on a new issue; the alarmingly high error rate.  The Oakland, San Diego, and Los Angeles VARO’s were recently reviewed for their efficiency, accountability, and accuracy when handling vets’ disability claims….the results were deplorable.

If you filed a disability claim in Oakland, you’d have a 39% chance of it being done incorrectly and having to start the process all over again. This error rate grows to 53% if the claim deals with temporary total disability evaluations in Oakland, and stays around 50% if the claim involves residual traumatic brain injury.

The San Diego and Los Angeles offices didn’t fare any better. Los Angeles was found to have a 97% error rate when dealing with temporary total disability evaluations, San Diego - 77%, numbers that are simply inexcusable. Furthermore, both San Diego and Los Angeles processed about half of all residual traumatic brain injury claims incorrectly.

In response to the review, California’s senators and representatives are demanding answers. The inefficiencies need to be explained, as well as the severe lack of accountability on behalf of the VARO’s staff.

VA Secretary Eric Shinseki believes these inefficiencies are a result of terrible management and a lack of staff understanding the applicable rules and regulations. Whether he is right or not, when looking at error rates in the 70^th and 90^th percentiles, any change is a good change.  

To learn more or see the original article, please visit: http://www.mercurynews.com/news/ci_20648338/states-dc-delegation-demands-answers-from-va-concerning

If you need help with your VA disability claim, contact us at (800) 693-4800.

VA National Conference

On June 26 -29, 2012, The Department of Veterans Affairs is excited to host the National Veteran Small Business Conference and Expo. As the largest nationwide conference of its kind, this event focuses on helping Veteran-owned businesses maximize opportunities in the federal marketplace.

Join nearly 6,000 participants in Detroit for the opportunity to:

• Connect with procurement decision makers from other businesses and federal agencies
• Expand knowledge through over 200 training and business requirement sessions
• Engage with other attendees and gain visibility in the Expo Hall of nearly 500 booths
• Use VetGovPartner to facilitate online and onsite networking including face-to-face sessions with senior procurement decision makers

This VA conference will be hosted at Cobo Center.  There will also be a jobs fair for veterans and employers looking to hire vets on the first two days.  For more information, go to:  http://www.nationalveteransconference.com/

                                   

The Legal Help for Veterans, PLLC team is working with the conference organizers and plan on being in attendance.

Meet Mayor Dave Bing

Mayor Bing will speak at Burton Manor Banquet & Conference Center on June 14 about his personal experiences, the importance of a good working relationship between the City of Detroit and the suburban communities, vision for the future of Detroit, and answer audience questions. 

The cost to attend this luncheon is $30 for Chamber Members or $40 for Non-Chamber Members.

If you would like to attend this event, you can register here.

Online and FBI Fraud

Mark Mandell, Esq.

As if face to face fraudulent activity wasn’t enough, both ID theft and online fraud rose 3.4% in 2011 and continue to increase. The Internet Crime Complaint Center (IC3), a private company that works in partnership with the FBI’s Cyber Division, announced that for 2011 it had received 300,000 complaints of identity theft and online fraud; totaling $485.3 million in losses. 

The IC3 annual report combines data from all over the country and un-surprisingly, the states with high populations have the highest instances of online fraud. Of the 300,000 plus complaints reported in 2011, 115,903 resulted in financial loss to the victim; averaging $4,187 per person.

The top five crime types were: FBI-related scams in which criminals posed as the FBI; identity theft; advance fee fraud, in which criminals attempted to convince victims to pay an advance fee for something of value that would never be delivered to the victim; non-delivery of purchased merchandise; and overpayment. Typical schemes range anywhere from romance scams in which scammers typically seek money from older and divorced individuals, to auto-auction fraud where people sell vehicles online that they never owned.

The IC3 warns that the frightening thing about online fraud is that the possibilities of how it can occur are nearly endless, and the landscape of the crimes is constantly changing. To avoid becoming just another statistic, be weary of unfamiliar emails seeking personal information and use a separate debit card with limited funds when shopping online.

To learn more or see the original article, please visit: http://www.informationweek.com/news/government/security/240000336

 
For assistance fighting fraud, contact Mark Mandell at (248) 380-9976.

Meeting of Minds

Our associate attorney, Wendy Alton, was recently invited to speak at the 20^th Annual “Meeting of Minds” Symposium at her alma mater, the University of Michigan-Dearborn.  The “Meeting of Minds” is an annual symposium that provides students from the University of Michigan-Dearborn, University of Michigan-Flint, and Oakland University a platform for presenting their independent research.  It also showcases the student-faculty collaboration in research and creativity. 

While a student at UM-Dearborn, Wendy presented her own physics and literature research at the 1998 “Meeting of Minds” on the use of “Chaos Theory” in Tom Stoppard’s play Arcardia.  This year, she was invited to share about how her experiences then made an impact on her professional career and personal life.  She was honored to be the only alumni invited to speak to the students and faculty, and was thrilled to be involved in the 20^th anniversary of such a wonderful academic celebration.  She spoke to over 200 students and faculty about how her experience at the 1998 “Meeting of the Minds” showed her the importance of maintaining motivation, taking advantage of opportunities, and committing to mentorship.

Wendy focuses her practice in the area of family law, probate and estate planning.  If you are interested in learning more about any of those areas, please contact her at 248-380-9976, or at walton@fb-firm.com.

Nurses to Assist

Brig. General Carol Ann Fausone (Ret)

In the coming years, veterans suffering from PTSD, TBI, and other unseen war wounds can expect 3 million more helping hands in their fight towards normalcy. White House Officials announced in early April that a coalition of nursing schools and medical organizations will begin to train their nurses on how to recognize and respond to veterans, and their specialized needs.

Although the veteran-savvy nursing infusion reported at 3 million strong, might be a couple years off, chief nursing officer of the American Nurses Association, Amy Garcia, views the announcement as having an immediate positive impact. Garcia believes that with this news, medical officials will be able to introduce lessons into professional development courses and medical journals, which can be published in weeks, not years. Garcia also noted that many nurses are already working with veterans in their communities and can put their new knowledge into practice immediately.

“Our goal is to raise awareness of these issues, teach nurses to recognize the signs and symptoms, and help reduce the stigma of seeking care,” Garcia stated.

The announcement comes in the midst of multiple events marking the first anniversary of the White House’s Joining Forces campaign, launched to bring attention to the sacrifices and struggles of returning veterans.

As officials from the campaign estimate that roughly one in six veterans returning from duty suffers from PTSD or TBI, the importance of these pro-educational steps cannot be understated. The American Psychiatric Nurses Association has already developed online continuing education courses that focus on PTSD, pain management, sleep disturbances, and issues related specifically to female veterans. 

To learn more and see the original article, please visit: http://www.stripes.com/blogs/the-ruptured-duck/the-ruptured-duck-1.160117/nursing-groups-promise-ptsd-tbi-training-1.174103#.T5yaalTophQ.email

If you have questions on VA disability claims, contact Legal Help for Veterans, PLLC at 800-693-4800.

FORECLOSURE FRAUD

Mark Mandell, Esq.

With thousands of Michigan homeowners trying to recover from foreclosures on their homes, the last thing they need is the ‘help’ of someone like Rickey White. White, a 46 year old Westland resident, was allegedly involved in an extensive foreclosure-rescue scam that targeted over 350 cash-strapped Michigan homeowners for over $800,000.

White and his made-up companies, Expert Financial and Braunstein & Associates, allegedly offered prospective clients mortgage modifications for an upfront fee, with a full money back guarantee. As days, weeks, and months went by, consumers started to get weary as they were receiving nothing for their money. White kept consumers on the hook by telling them the modifications weren’t easy, and were still in the works.

In response to numerous complaints from homeowners around the Metro-Detroit area, the Attorney General’s Office brought charges against White last Wednesday. Attorney General Bill Schutte announced that the State of Michigan will do whatever it can to dismantle these criminals who prey on the financially unstable.

Citizens who believe they may have been victims are encouraged to file complaints with the Attorney General's Office at http://www.michigan.gov/ag by clicking "Complaints."

To learn more and see the original article, please visit: http://www.chicagotribune.com/business/sns-mct-westland-man-ran-mortgage-loan-aid-scam-state-20120510,0,3006224.story

If you have questions about financial fraud, please contact Mark Mandell at (248) 380-9976.

Enroll Now – That’s an Order

Brig. General Carol Ann Fausone (ret)
Veteran Advocate

Almost half of the troops that have separated from the service do not enroll in VA.

Approximately 742,000 separated OEF/OIF/OND Veterans have obtained VA health care since 2002. That’s 53% of total separated former Active Duty and Reserve/National Guard OEF/OIF/OND Veterans.

VA provides five years of cost-free health care to OEF/OIF Veterans for any injury or illness associated with your service.

If you are part of the 47% who have NOT signed up for VA health care, what are you waiting for?
There are four ways a Veteran can enroll for VA health care...
1) In person
2) Online
3) By Phone
4) By Mail

Do it now. That is an order!

More info: http://www.oefoif.va.gov/healthcare.asp

If you have any questions on a VA disability claim, contact Legal Help for Veterans, PLLC at 800-693.4800.

Defrauding Wal-Mart

Mark Mandell, Esq.

A recent incident in Blackman Township, MI, reveals that retail fraud is no longer simply switching clothes in a dressing room or sneaking out of a store with merchandise in your purse. Eight Wal-Mart employees were recently suspected of defrauding a Wal-Mart store, for what detectives believe to be upwards of $100,000.

Detective Sgt. Chris Boulter said the group conspired with cashiers to use coupons on ‘non-couponed’ merchandise and did so in bulk. The conspirators would use coupons intended for $50 items, on $200 items; fraudulently saving them hundreds of dollars and allowing them to fund more fraud. Products seized at one suspect’s house totaled $30,000, with police believing that tens of thousands could have already been sold off on the black market.

This instance of retail fraud was one of the largest Boulter has dealt with in his career. In the raided house alone there were hundreds, if not thousands of items to be categorized into evidence. Although only the ‘black market basement store homeowner’ has currently been arrested, police are working on warrants for the other seven conspirators. Retail fraud may be small time shoplifting by kids to organized criminal enterprises.

To learn more about this topic or to see the original article, please visit: http://www.mlive.com/news/jackson/index.ssf/2012/04/retail_fraud_ring_involving_po.html

Patience is a Virtue

Jim Fausone
Veteran Disability Lawyer

For those seeking justice through the Veterans Affairs Department, patience might need to be a bit more than just a virtue. In a statement last week the VA announced it’s facing a backlog of 897,566 disability claims, with more than 65% pending for more than 125 days. Since 2008, the VA has seen a 48% increase in claims and its most recent error rate was listed at 16%.

Unfortunately, the situation is only expected to get worse. Officials believe that by the end of year the backlog number will have grown to over 1.2 million and they expect an additional 50,000 claims to be added in 2013, due to the veterans returning from Iraq and Afghanistan.

Although the backlog numbers demand attention, some believe there are other, more important things to focus on, including VA training, the error rate, and improving the VA’s rating decisions. Jeffrey Hall, assistant national legislative director for Disabled American Veterans, told House lawmakers last week….

"While the elimination of the backlog will be a welcome milestone, we must remember that eliminating the backlog is not necessarily the same goal as reforming the claims processing system, nor does it guarantee that veterans are better served."

Assuring the public the VA was focused on these issues as well, Veterans Affairs Secretary Eric Shinseki vowed that by 2015, the error rate would be down to 2% and all claims would be handled in fewer than 125 days. Shinseki stated to reach these goals, the VA will roll out its paperless Veterans Benefit Management System to 16 regional offices by September, with installation in all offices by 2014. The VA has also announced plans to streamline disability claims by segmenting claims and allowing those that are more complex to be handled by more experience and skilled employees.

As 2015 quickly approaches, only time will tell if Shinseki’s projected goals are met. While some are optimistic, budget cuts and the growing backlog keep many skeptical.

To learn more or see the original article, please visit: http://www.nationaljournal.com/congress/va-s-disability-claims-backlog-pushes-900-000-20120419?mrefid=mostViewed.

If you have questions on VA disability claims, contact Legal Help for Veterans, PLLC at 800-693-4800.

Appeal for Help Denied

Kristina L. Derro
Veteran Disability Lawyer

Many organizations have many different ideas on how the VA could alter their current procedures to better expedite veteran relief. With our nation having just ended over a decade’s worth of war, the VA is struggling with providing hundreds of thousands of returning veterans the mental care and compensation they deserve.

As one possible solution to this problem the Veterans for Common Sense (VCS), a non-profit veterans advocacy group, has recently asked the 9th Circuit Court of Appeals to rule on whether the federal courts are able to aide in the distribution of VA resources. In doing so, the VCS hopes the courts will alter the VA’s claims procedures, create an accelerated appeals process, and convert the claims-adjudication process into an adversarial proceeding.

In their decision on May 7, 2012, the 9^th circuit answered by saying federal courts do not have the jurisdiction to afford the relief the VCS seeks.

“Congress, in its discretion, has placed judicial review of VA claims only with The United States Court of Appeals for Veterans Claims and the Court of Appeals for the Federal Circuit,” stated Judge Bybee.

Judge Bybee went on to say that even if jurisdiction did lie with the 9^th circuit, the VCS’ requested relief would transform the adjudication of veterans’ benefits into a “contentious, adversarial system—a system Congress has actively legislated to avoid.”

To learn more or see the original 9^th Circuit opinion, please visit: http://www.ca9.uscourts.gov/datastore/opinions/2012/05/07/08-16728.pdf

If you need assistance on veterans disability claims, contact Kristina Derro, Esq. at 800-693-4800.

Operating While Parked

Mark Mandell, Esq.

A recent Court of Appeals case shows Michigan drivers that ‘operating’ a vehicle in the context of an OWI/DUI can mean more than one might think.

In City of Plymouth v. Longeway, Brittney Longeway had just left a bar for the evening and was sitting in her car, parked legally in the parking lot. After turning on the car Longeway shifted into reverse and back into park, and did so without ever moving the car. Having seen this, an officer arrested Longeway for operating a vehicle while under the influence of alcohol; OWI/DUI.

Longeway moved to dismiss the charges, stating she had not ‘operated’ the vehicle because the car never moved and although the circuit court agreed with Longeway on her first appeal, the Michigan Court of Appeals reversed.

By distinguishing the case from People v. Wood, where the driver was asleep at the wheel of a parked car while impaired, the appellate court stated that Longeway had ‘actual conscious control’ of the vehicle at all times. The court reasoned that since Longeway had consciously applied the brake, shifted the car into reverse and back into park, she had ‘operated’ the vehicle sufficiently under MCL 257.35a.

Although the court stated that it was strictly following MCL 257.35a, numerous defense attorneys questioned about the case feel that the law is dealing with a very slippery slope here. It seemed to some that Longeway had been arrested for her apparent ‘intent’ to operate the vehicle; a significant difference from actually operating it.

Despite these concerns, the court found Longeway displayed ‘active physical control’ of the vehicle and supported her charge of OWI/DUI.

To learn more or see the original article, please visit: http://milawyersweekly.com/news/2012/04/09/woman-charged-for-operating-parked-vehicle/

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

Welcome Home – Drive Normally

Jim Fausone

Veterans Disability Lawyer

A new study by USAA (an insurer that serves members of the military and their families) sheds light on a problem veteran’s face, that most of public doesn’t think twice about; driving to work.

The study took aim at veterans re-adjusting to rules of the road in the U.S., after returning from war-zones and hostile foreign roads. Although the general rules of the road are similar, U.S. troops have their own way of operating abroad. Whereas in the U.S. driving down the middle of the road, speeding, and rolling stop signs will land you in legal trouble, it is common procedure in Iraq and Afghanistan to avoid spontaneous conflicts.

The chart below illustrates the residual effects of combat driving that veterans bring home.  

The study by USAA found that returning troops had 13 percent more at-fault accidents than before they left for service. The U.S. Army had the largest percentage change at 23, while the Marines showed a 12.3 percent increase.

The good news is that the USAA has stated it is not raising any insurance rates in regards to the findings of the study; raising awareness for military safety commanders was the only motive for the research.

To learn more and see the original articles, please visit: http://www.autoblog.com/2012/04/29/returning-u-s-soldiers-have-trouble-with-road-rules-at-home/#aol-comments and https://www.usaa.com/inet/ent_blogs/Blogsaction=blogpost&blogkey=newsroom&postkey=returning_troops_find_new_dangers

If you have veteran disability issues, call Legal Help for Veterans, PLLC at 800-693-4800.  If you have Michigan traffic violation concerns, contact Mark Mandell, Esq. at 248 380-9976.