Lost War Records Again

Jim Fausone
Veteran Disability Lawyer

 

In every conflict, the records of the chaos of war become lost or destroyed.  This is as expected as multiple versions of success and failure in the field.  However, for veterans, the loss of records have the opportunity to damage their claims for veteran benefits. Will they be able to prove to VA that a unit event took place or a hostile action was encountered.

ProPublica and the Seattle Times uncovered assessments by the Army’s Center of Military History [4] showing that scores of units lacked adequate records. Others had wiped them off computer hard drives amid confusion about whether classified materials could be transferred home.

The missing records do not include personnel files and medical records, which are stored separately from the field records that detail day-to-day activities.

VA should not punish the veteran in these situations.

http://www.propublica.org/article/army-says-war-records-gap-is-real-launches-recovery-effort

USAF AO Shame

Jim Fausone
Veteran Disability Lawyer

Those veterans who flew on C-123 airplanes dropped more than 10 million gallons of Agent Orange to destroy enemy cover and crops during the Vietnam War.  After the war between 1972 and 1982, about 1,500 men and women served aboard 34 C-123s that were previously deployed in Operation Ranch Hand, a large-scale defoliation mission in Vietnam and other countries in Southeast Asia. VA does not recognize AO exposure onboard the C-123s during or after the Vietnam war. If the veteran can prove boots on the ground during the war he can establish AO exposure.  However, those who were exposed outside the country or after the war by residuals from the C-123s are not as fortunate.  Spreading the word among scientists, veterans and politicians and posting evidence publicly at c123kcancer.blogspot.com is one way to keep this in the public eye even as veterans pass away. 

Just as the Navy and VA have shame for how they treat Blue Water Navy vets, the USAF has shame for its treatment of C-123 crews.

 

http://www.huffingtonpost.com/2013/07/10/agent-orange-vietnam-veterans_n_3572598.html?utm_hp_ref=green

 

Embezzlement Law in Michigan

Mark Mandell, Esq.

 

Recently, a Portage, Michigan man was sentenced to 87 months in prison for embezzling $6.5 million from the company where he worked as a comptroller.  In addition to his prison time and supervised release thereafter, he is required to pay restitution of $6.5 million to his former employer.  This shows just how serious the consequences of an embezzlement conviction can be.
 

Embezzlement in Michigan is governed by statute – MCL §750.174.  In essence, a person is guilty of embezzlement when they are in a relationship of trust to the principal (generally an employer-employee situation); in lawful possession or control of the funds of the principal; and wrongfully take or convert those funds to his own use, with the intent to defraud.

The key element to a charge of embezzlement is that the person takes the money, which belongs to the principal, with the intent to convert it to his own use.  In other words, the person has the fraudulent intent to deprive the owner of his property and take it for himself.  Without this intent to defraud, a taking cannot be embezzlement (though it may constitute another offense.)

The severity of an embezzlement charge depends on the amount of money or personal property taken by the agent or employee.  The charges include the following: 

·        If the money or property taken is valued at less than $200, the charge is a 93-day  misdemeanor with a possible fine up to $500; 

·        If the value is up to $1,000, the crime is a 1-year misdemeanor subject to a fine of up to $2,000.

·         $1,000 to $20,000 is a 5-year felony with a fine of up to $10,000. 

·         $20,000 to $50,000 is a 10-year felony with a fine up to $15,000. 

·         $50,000 to $100,000 is a 15-year felony with a fine up to $25,000. 

·         $100,000 and above is a 20-year felony with a fine up to $50,000.

Additionally, a person convicted of embezzlement will likely be required to pay restitution to the owner of the amount illegally taken, in addition to the statutory fines and jail time.  Charges may also be enhanced if the defendant has any prior embezzlement convictions on his record.

If you are facing embezzlement charges, or if you need more information about this area of the law, contact Michigan Fraud Lawyer Mark Mandell at (248) 380-0000 or online at www.MichiganFraudLawyer.com.  Mr. Mandell can provide you the experienced and knowledgeable legal counsel that is absolutely imperative when facing all manners of criminal charges.

 

Veterans Skype Therapy

Kristina Derro
Veterans Disability Lawyer

 

Unfortunately, post-traumatic stress disorder (PTSD) is an all too common condition for soldiers returning home after serving in Iraq and Afghanistan.  Many veterans choose to seek counseling to cope with this and other effects of their service overseas.

Recently, the Department of Veterans Affairs (VA) began a program by which these therapy sessions are conducted over the internet.  The veterans can see and interact with their counselor through a video-chat program such as Skype or Cisco Jabber.

 

In the long term, veterans using this “Skype therapy” progressed at the same rate as veterans receiving traditional face-to-face therapy.  Traditional therapy is never going away – but this new online therapy is only going to get bigger. 

Of course, there can be technical problems with online therapy such as pixilation, choppiness, and freezing.  If the internet connection is lost, that will end the session.  In one case, a study found that a therapist did not notice for three sessions that his patient was in a wheelchair.  Some also believe that this new approach will decrease empathy because the therapist is unable to shake the patient’s hand, hand tissue to a crying patient, or otherwise physically interact with the patient.

Even with the drawbacks, this new approach is certainly a blessing for veterans who do not live near a VA hospital or clinic.  These veterans will now have the ability to get the treatment they need from the comfort of their own home.

If you have questions about PTSD or benefits for veterans, contact Legal Help For Veterans, a practice group of Fausone Bohn, LLP, at 800-693-4800 or online at www.legalhelpforveterans.com. 

To learn more about the VA’s new online therapy program, please visit: http://www.stripes.com/news/veterans/skype-therapy-it-s-working-for-veterans-1.229089#.Udg7dhg-uZk.gmail

Veterans Disability Attorney Fausone Notes Pentagon's Proposal of New Steps In Light of Military Sexual Assaults

The Pentagon has announced new plans to shore up protection for victims of sexual assault, more closely control the behavior of both recruiters and trainers, and track sexual assault complaints.

"Steps to protect our troops from any unwanted sexual advances and assaultive behaviors are to be commended," stated James Fausone, a veterans disability attorney.

Steps include better enforcement of policies which prohibit inappropriate relationships, establishing an advocacy group within each service branch for victims which provides representation and legal advice for those with complaints of sexual assault, and disqualifying troop members who have backgrounds including sexual assault from roles as counselors, instructors or recruiters.

Meanwhile, an airman who was assigned to the Air Force Academy was convicted in August of aggravated sexual conduct at a general court martial against his fellow female airman.

The airman received a sentence of 15 months confinement. He was also reduced in grade to airman basic, and he was dishonorably discharged by a panel of officers. The conviction was just the latest in a series of high-profile military sexual assault cases as the Defense Department and Congress attempt to determine the best way to prosecute sexual assault cases and if a commanded should be included in proceedings.  

The now-former chief of the Air Force Sexual Assault Prevention and Response Branch, Lt. Col. Jeffrey Krusinski, was arrested easier this year after allegedly committing sexual battery against a woman not far from the Pentagon after exiting a strip club. The ensuing fallout has thrown a harsh spotlight on sexual assault and misconduct against fellow officers in all branches of the service. Krusinski's post is now helmed by a woman who had been hired to investigate the assault by trainers of female recruits in Texas, at Lackland Air Force Base.

The Defense Department is currently looking at how to expand an Air Force program which offers special counsel to service members who allege that they are the victims of unwanted sexual conduct or sexual assault or unwanted sexual contact. 

There were an estimated 26,000 unwanted sexual contact incidents in 2012 experienced by active-duty troops.   

Sources

http://www.military.com/daily-news/2013/08/12/airman-at-afa-convicted-of-sexual-assault.html?comp=7000023435630&rank=7

http://www.usatoday.com/story/news/politics/2013/08/15/military-sexual-assault-plans/2660005/

http://www.nbcnews.com/video/meet-the-press/52727533

 

Possible Expansion of VA Benefits

Jim Fausone
Veteran Disability Attorney

 

New benefits may be in the pipeline for veterans.  The Senate Veterans Affairs Committee has voted to add numerous initiatives to the “omnibus” bill, S 944.  The Committee voted to expand programs aimed at helping more veterans find work, helping more injured vets get reproductive health services, and to pay caregivers of seriously wounded veterans who left service before 9/11 a monthly stipend plus expenses.

How the legislature will pay for these initiatives, which are estimated at $12 billion over the next 5 years, has not yet been determined. 

Other initiatives added to the omnibus bill include: requiring public colleges to charge veterans on the GI Bill lower in-state tuition rates; requiring additional quarterly public reporting by the VA on disability claims processing; greater access to VA disability compensation for victims of sexual assault; and increasing veterans’ access to alternative medicine, chiropractic care, and other new care approaches.  Also included is a proposal to offer new incentives to employers who hire veterans.

Of course, there is some opposition to these measures.  Rep Richard Burr (N.C.), a member of the committee, opposed the provisions that are not paid for.  The Committee Chairman responded by promising to do his “best to find funding” for these programs.

However, all were in agreement on one initiative - granting “veteran” status to more than 200,000 Reserve and Guard retirees.  This includes those who served 20 years or more but less than 180 days were on active duty.  This measure has no cost because these veterans aren’t seeking additional VA benefits.  They simply wish to be able to answer “yes” when asked if they are veterans or to be able to stand and be recognized at a gathering of veterans.  This is a small but meaningful token to show appreciation to those who served this country.

These initiatives will now be added to the “omnibus” bill and forwarded to the full senate for additional debate and amendments before passage.

If you have questions about veteran benefits or potential changes in the law, contact Legal Help For Veterans, a veteran law practice group of Fausone Bohn, LLP, at 800-693-4800 or online at www.LegalHelpForVeterans.com. 

To read more about these potential new changes to veterans’ laws, please visit: http://www.stripes.com/news/us/panel-votes-to-expand-va-benefits-let-reserve-guard-retirees-be-vets-1.232119#.UfGAYwmp-Vo.email.

Business Courts to Roll Out September 1st

James Fausone, Esq.

As many business owners know, the slow crawl of business litigation can be a drain on time and resources.  However, starting September 1st, every Michigan Circuit Court with 3 or more judges is required to have a dedicated business court in place.  These new business courts are aimed at resolving business disputes efficiently and expediently.

The business court statute, MCL 600.8031, et seq, requires these circuit courts to create a docket specifically for business or commercial disputes.  Judges with expertise, background, or specialized training in business law will preside over these cases.  Any case containing a business or commercial dispute must be funneled into the dedicated business docket.  It is also anticipated that these specially-trained business law judges will have greater involvement in the cases early on in order to expedite the settlement of these cases.

The law is drafted broadly – all cases involving a business dispute, even if there are additional non-business claims, must be heard by the business court.  This rule is mandatory – parties cannot stipulate to have their case heard out of the business court.

Additionally, written opinions of these business law judges will be indexed online and available for viewing.  This is helpful for practitioners looking for insight into how a particular judge may rule on an issue, as well as for other business court judges seeking guidance.  These opinions will not be binding precedent, but are expected to provide a measure of clarity and predictability to the business court.

Litigators won’t be the only attorneys affected by the new business courts – it may change the way transactional attorneys practice as well.  For instance, many attorneys automatically include mandatory arbitration clauses in their contracts in the event that a dispute arises.  However, these practitioners may now want to consider allowing these disputes to be heard in the business court rather than through binding arbitration.  The business court preserves the parties’ right to appeal, will have trained business law judges, faster processing times, and the availability of jury trials – all of which may be appealing to business owners.

If you have questions about Michigan’s new business courts, or if you are currently involved in a business dispute, contact the litigation department at Fausone Bohn, LLP, by calling (248) 380-0000 or online at www.fb-firm.com.  Our experienced legal professionals are available to give you the guidance your company needs.