Watch Out for Debt Settlors

With the change of bankruptcy laws in 2005 came the increase in growth of debt consolidation or debt settlement firms. Their use has also grown with the recent recession. Consumers must be very careful, because many of these firms are of no help in getting you out of debt. Some make the situation worse. Still others take the money and run. The Federal Trade Commission has a very informative website dedicated to what you need to know: http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre38.shtm
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre26.shtm

I have seen it happen all too often, that a client or potential client has had multiple thousands of dollars go to a "debt consolidation," only to find out that the bills have gone unpaid, lawsuits are filed, wages garnished, credit destroyed. http://www.nytimes.com/2009/04/20/business/20settle.html?_r=1&hp

Sometimes debt settlement can work, but you must work with a reputable firm. Call me for legal advice before you jump.

Prosecutorial Misconduct....Again

While I would like to change the subject, this gnaws at me. Another instance of serious wrongdoing by a federal prosecutor. This time, a federal judge sanctioned the US government over $600,000 for secretly taping a defense attorney. Just as in the Ted Stevens case, the government lawyers failed to hand over exculpatory evidence to defense lawyers.

My favorite part of the story was "Alicia Valle, a spokeswoman for the U.S. Attorney's Office, says mistakes were unintentionally made in the case..." Unintentionally?! I call BULLSH*T! When you secretly tape the other lawyer and withhold evidence that could help prove the defendant is not guilty, that is the definition of an intentional act!

Here's a link to the American Bar Association story:

http://www.abajournal.com/news/fedl_judge_sanctions_us_600k_for_secretly_taping_defense_lawyer/

And another link about the widespread nature of the problem:

http://www.politico.com/news/stories/0409/21038.html

"Win at all cost" costs us all.

Sen. Stevens Update-Criminal Investigation Into Prosecutors' Misconduct

The plot thickened. The judge who threw out the case against Sen. Ted Stevens took the rare step of asking that the prosecutors be criminally investigated. In reviewing the botched case, most alarming was the prosecutors’ repeated failure to disclose information that might have helped the defense, despite the sanctity in which we lawyers are taught to hold those obligations. Unbelievable, but consistent with a "win at all cost" approach.

http://www.nytimes.com/2009/04/08/us/politics/08stevens.html

Newark Ohio Man Charged with OVI While on Motorized Barstool

Last month, a Newark man was charged with OVI while riding on a motorized barstool. Initial reports indicated that he admitted to consuming 15 beers. He has since claimed that he drank after the crash, which is a common defense in single vehicle crash cases.

In Ohio, you can be charged with OVI while operating a car, or almost anything else. The charge is NOT driving under the influence, but rather Operating a Vehicle Impaired. For example, a motorized barstool, a bicycyle, a scooter, or even (theoretically) a skateboard could be the vehicle.

DON'T BE STUPID ENOUGH TO RIDE A MOTORIZED BARSTOOL WHILE DRUNK. If you do something similar, however, call me at 330-832-0404.

http://www.newarkadvocate.com/article/20090331/NEWS01/903310309

Prosecutorial Misconduct Leads to Dismissal of Charges Against Senator Stevens

Republican Senator Ted Stevens of Alaska was convicted last year of basically lying on an election form about improper gifts he received. Today, US Attorney General Eric Holder announced that the charges against Stevens would be dismissed and no new trial sought. A law abiding citizen's first reaction might be outrage that the crooked politician got off.

Now I certainly feel no sympathy for a corrupt politician who would take illegal gifts or contributions and then lie about it. But our righteous anger should be directed at the overzealous prosecutor who put making a name for himself over the cause of justice. The prosecutors at the heart of the scandal failed to turn over documents to the defense attorneys and redacted exculpatory information from witness statements. In other words, they only gave Stevens' attorneys what they decided to give them, and blacked-out entire parts of statements that could have shown Stevens was not guilty. The prosecutors were even found in contempt by the trial judge for their antics.

Ted Stevens wasn't the only victim of the abusive prosecutor--our system of justice suffered. When prosecutors put conviction score-keeping ahead of the truth, we get this kind of result.

http://www.npr.org/templates/story/story.php?storyId=100692719
http://www.npr.org/templates/story/story.php?storyId=102589818