White Collar Criminal Defense

While the word crime immediately springs to the mind images of theft, rape and murder, it also has another association that is not so gruesome. White collar crime is something that takes place in the almost sanitized environments of an office and is committed by people one would never normally associate with any wrongdoing. These are not the typical crimes of passion driven by emotional surges nor are they carried out to settle scores. Rather, most of the white collar crimes are carefully thought out, complex plans that are prompted by the greed for money or power. The phrase "white collar crime" was first coined by Edwin Sutherland while addressing members of the American Sociological Society in 1939. He termed it as a "crime committed by a person of respectability and high social status in the course of his occupation."

Mostly non-violent in nature, white collar crimes cover a wide spectrum of transactions that may involve antitrust violations, computer frauds, credit card misuse, bankruptcy appeals, healthcare benefits, violations of environmental laws, insurance payments, tax evasion, financial misappropriations, insider trading in stocks and shares, bribery, currency counterfeiting, embezzlement of funds or thefts of trade secrets. Tracking down white collar crimes and those who commit them is always considered a tough proposition because the pattern of such crimes is truly complicated that brings into play a series of transactions, many of which have been carefully hidden or erased.

If there is a general feeling that white collar criminals often get away with light sentences, the feeling may be the case because it is often true. And it could be thanks to the fact that they can very often afford the best legal help. It is possible the difference in the quality of the defense that the disparity exists in punishment of white collar and conventional crime offenders even though cases of frauds and embezzlement involving huge sums of money can be equally stressful and psychologically injurious. A study conducted in the United States led to the conclusion that most white collar criminals get away with more crimes and less punishment than others. For example, white collar offenders received an average sentence of 22 months as compared to burglary and motor vehicle theft offenders who were punished for 31 and 27 months respectively.

A more specific study conducted during the nineties laid bare the disparity in clear terms. In terms of duration of imprisonment, those incarcerated for losses in excess of $100,000 or more as a result of the savings and loan scandals received an average of 36.4 months in prison. During the same time period, those non-violent federal offenders who committed burglary got 55.6 months, car theft received 38 months, and first-time drug dealing averaged 65 months.

How Long Should Patient Records Be Retained?

Documentation is a critical aspect of any medical practice. The original and primary purpose of maintaining clear, accurate and complete medical records is for the protection of your patients. However, in today's world, documentation is also a crucial aspect of any medical malpractice case. This month, I hope to answer some commonly asked questions about medical records, and then expand into the world of electronic health records next month.

How much charting is necessary for protection?

Good charting does not need to be excessive. There should be enough information to prove that you have met the standard of care protocols, while justifying your decisions on providing, delaying or changing treatment. Aside from your history of treatment and test results, the chart should also include any patient complaints or concerns. Patient history should also include any drug or food allergies and final results of any prior tests and treatments.

When should I update records?

Most physicians prefer to make entries at the end of each visit with a patient. Some choose to make their entries at the end of the day. I believe the best time is during or immediately after each patient visit. At the end of the day, you could forget about some items that should be entered and there is always the possibility of interruption or delay.

Is it OK to use shorthand?

Shorthand notes and abbreviations may seem to be sufficient at the time; however, such notes may be difficult to decipher and recall years later. Charts should be concise and clear in order to confirm to a jury the level of care provided. If you cannot remember or the jury cannot understand, your defense could be in jeopardy.

How long do I need to maintain patient records?

In a word - forever. Unless advised differently by your attorney, patient charts, x-rays, test results and medical correspondence should be stored forever.

What if my files are lost or destroyed?

Such a loss would definitely create problems for both you and your patients, but it is unlikely that you would be held liable for such a catastrophic loss, unless it was due to negligence on the part of yourself or your staff. Although not a legal requirement, it is always a good idea to maintain some sort of backup storage in a different location.

How would lost records affect a malpractice case?

Generally, under the "missing evidence" principle, judges will instruct juries that lost records, without an adequate explanation for the loss, can be presumed to be damaging to the case. However, in cases of catastrophic loss, it is unlikely that the "missing evidence" rule would apply.

What about billing records, telephone calls and appointment books?

Billing records, according to IRS guidelines, should be kept for 7 years in a separate accounting file. Telephone calls and messages, relating to medical care, should be documented in the medical records. Appointment books should be kept for one year.

If a new patient brings past medical records, what is my responsibility?

You should review all of the documents, extract or photocopy any pertinent records, and then return the original documents to the patient. Anything you retain should become part of their permanent medical record in your office.

What is the best method of storage?

Computer data should be backed up at regular intervals and, as mentioned before, stored off-site as well. Inactive records, relegated to long-term storage, should be stored in such a way as to protect privacy, safeguard the records from natural disasters, and allow for easy retrieval when needed.

What if I close my practice?

You are responsible for making appropriate arrangements for the disposition of medical files. Plus, remember that the possibility of a lawsuit continues to exist after a practice is closed. (California recommends that records must be retained for at least 25 years after the patient's last visit.) If you are selling or transferring your practice, there should be a custodial agreement stipulating the recommended retention time and access.

What is the best method for destroying records?

Paper records should be destroyed by incineration or shredding. The best method for destruction of electronic records has not yet been determined, although some say that it requires the demolition of the hard drive on which they are stored.

Medical records are essential to your defense in the event of a malpractice claim. These are just some basic guidelines to help you manage your risk, protection, and defense. Treat them accordingly.

How to Beat a DUI Charge

If you find yourself arrested and charged with a DUI, you may wonder if there is anyway to get out of it. It can happen, but there are a few things you should know. Driving under the influence can carry some rather significant penalties, including jail time, steep fines, and losing your driving privileges. If you're trying to avoid these penalties, then keep reading.

Discredit the Evidence

This is the fastest way to get a case thrown out of court. Police officers do make mistakes and a good attorney can capitalize on these mistakes. It may be something as minor as not waiting long enough before giving you a breath test or you having something in your mouth during the test. It could also be something as major as a police office that didn't have probable cause to stop you. Discrediting the evidence against you in a DUI case is the fastest way to get your case dismissed.

Get a Good Attorney

Now is not the time to try to defend yourself in court. Shell out the cash for a great attorney. Don't skimp by hiring a cheap one that just got out of law school. An experienced DUI attorney will know how to discredit the evidence, look for flaws in the prosecutor's case against you, and will be familiar with the local courts, staff, and judges. They also will know how to help you keep your driver's license. There's only a short amount of time in which to file the paperwork with the state's license bureau and if you miss this filing date, you're not going to be driving for awhile.

Don't Miss Court

If you miss a court date, you're going to be in a lot of trouble. Not only will the original case still be there, you're going to face additional fines and penalties for failing to appear. If you're trying to beat a DUI, missing court is one of the fastest to ways to ensure it never happens.

Dress Appropriately

While you may feel like your appearance shouldn't matter much, but it does. Showing up in your favorite pair of cutoff shorts and an old t-shirt can be taken a sign of disrespect. In fact, some courtrooms are very strict on what is allowed in the courtroom. If you have questions about what you should wear, then ask your attorney.

In Closing

The above information can help you beat a DUI, but it's not a guarantee. Unfortunately, everything is in the hands of the judge. The best advice is to get a great attorney and let them work their magic.

How a DUI Lawyer Can Help You

Police forces all over the United States have been cracking down on drunk driving, and laws are becoming enforced more thoroughly as a result. Alcohol slows down your brain by acting as a depressant, so when you drink, your brain processes things more slowly than it should. This often goes without notice to the consumer, so even if you have been drinking just a little, make the right decision. But if you have already made the wrong decision, it's important to know how to handle these situations, and how to protect your legal rights.

A DUI can have serious consequences if not taken care of properly. Penalties due to driving under the influence can include going to jail for a range of 10 to 180 days under your first offense, and the fines are approximately $1,800.00 plus jail costs. Penalties may also include suspension of your license, probation, community service, and even counseling. Some, or even all of the above consequences can be avoided by getting a DUI lawyer to fight for your case.

It may seem that a DUI is what it is and that you can't fight the court in these situations, but there are exceptions. If the police officer handling you did not follow the proper procedures, or has denied you a constitutional right, you can make a case from it, and protect yourself with a lawyer. Each case is unlike another, and your specific case may take a specific lawyer. A lawyer will help reduce charges and penalties for the person in question. DUI lawyers specialize in their specific type of cases, and seeing as it is a permanent mark on your life, it is important to get a lawyer that makes a good case for you.

Lawyers can help you see if you have a case to make, because often times the people in question don't. So first, see if you have a case during the initial meeting with a lawyer. A local DUI lawyer is the best route to go, because they are familiar with all of the important legal rules in these situations. The laws and consequences for a DUI conviction are slightly different in every state, lawyers from your area are especially accustomed to the courts of your state and the customs they partake in.

The lawyer you choose can help by looking over the police report filed with the DMV. He/she will help you see if there are things such as a valid reason to have been pulled over by a cop in the first place. Also your attorney can see if the tests you underwent were properly carried through. Other things that can effect your case include if the officer handling your case was allowed to proceed with tests on you, whether the equipment used was functioning correctly. Additionally, be sure the police officer's training records were up to date. Otherwise, the validity of the case could be questioned lessening or eliminating the charges completely.

So even if you think your ship is sunk, look into getting a DUI lawyer.

Rules of Recovery in Car Rollover Litigation

Every year, tens of thousands car rollover accidents happen in California highways. Most of these rollover accidents involved cars and sports utility vehicles (SUVs), which are known to be prone to accidents of this kind. Experts say however that rollover accidents are due to manufacturing defects in some vehicles.

The National Highway Traffic Safety Administration reported that in most car rollover incidents, 62% result in death involving sports utility vehicles. According to the agency, rollover accidents happen when the vehicles tripped or when a vehicle leaves the roadway and slides sideways, digging its tires into soft soil or striking an object such as a curb or guardrail. The high tripping force applied to the tires in these situations can cause the vehicle to roll over.

Generally, rollover litigation against car manufacturers is based on product liability law. Hence, the rules of recovery in rollover litigation are different than in ordinary car accident.

Rules of Recovery in Roll over Litigation

Different rules apply for recovery in rollover litigation. Unlike in most personal injury cases where negligence is the underlying principle, rollover litigation is based mainly on product liability law, which focuses more on the technical and scientific aspects of the case.

These rules were created as a matter of social policy as agreed upon by the manufacturers and the car users. Between innocent victims who suffer harm from defective products and the manufacturers, distributors and sellers of such products, the product suppliers are in a better position to insure against such losses.

Most rollover litigation against manufacturers of SUVs and other vehicles focus on two design defect theories:

1. Vehicle Instability - Most rollover accident victims complain the unstable condition of their vehicle when making sudden turns in the highway. This resulted in rollover accidents, which motorists say is a manufacturing defect. Testing revealed that the height of the car make it slid sideways during a sudden turn.

2. Crashworthiness - Some courts have held the SUVs' instability is due to an external trip mechanism. This feature makes car manufacturers liable under the crashworthiness doctrine. The doctrine is a theory of recovery in which the manufacturers of a product can be held liable for the defective design.

However, liability in motor vehicle defect cases is controlled by the doctrine of strict liability. If strict liability applies, the victim does not need to prove that the manufacturer was negligent, but only that the product is defective. Eliminating the issue of the manufacturer's strict liability allows victims to pursue their claim under the concept of "no fault" liability.

Pursuing A Claim

Most rollover litigation focus on these two design theories and victims may use the product liability law to pursue their claim. The need for skilled legal representation is needed in pursuing a claim in car rollover accidents. The amount of technical and scientific evidence would require the experience and expertise of a good accident lawyer.

An accident lawyer specializing in car rollover cases will help you pursue your claim and obtain the maximum recovery for your injury and damages.

Business Entities - Filings With The State

Nearly all small businesses should form entities to limit their exposure to civil liability in the form of lawsuits. In forming an entity, certain documents have to be filed with the state in question.

States

To the surprise of some, state law instead of federal law governs business entities. When form an entity, you should look to the Secretary of State for your jurisdiction to find out the filing requirements. Some states provide clear and concise information. Other states seem to enjoy making the process difficult and complex. Regardless, all of them have a web site for the Secretary of State.

Corporations

In most states, forming a corporation requires the filing of articles of incorporation. Articles of incorporation requirements differ by state, but typically require a statement of the name of the corporation, the number of authorized shares, the name and address of a registered agent and the name of the incorporator. The incorporator is typically the person signing the articles of incorporation. Once created, the articles are filed with the Secretary of State, which eventually will approve and return them to you. In most states, there is no need to file bylaws, organization minutes or shareholder information.

Limited Liability Companies

Limited liability companies are simple structures and are the creation of creative politicians in Wyoming. In 1977, Wyoming passed the first state laws authorizing the creation of these business entities. Mirrored after corporations, the filing process is similar to corporations, but with little tweaks here and there.

Whereas corporations have articles of incorporation, limited liability companies have Articles of Organization. These Articles of Organization require pretty much the same information as articles of incorporation. The primary difference, however, is most states require you to use a pre-printed form for the articles. Make sure you check with your state to determine if this is a requirement.

Do It Yourself?

If you are a sole proprietor seeking a business entity, you can handle it if you understand the concepts. If you don't understand the process, get a professional involved.

If there are two or more people in the business, an attorney should be used for liability purposes. These liability purposes arise when one "owner" takes charge of the filing. When disputes later arise, the take charge owner is inevitably accused of organizing the filing in such a way at to create an advantage.

Yes, it happens all the time.

California Contractor License Verification

The State of California is one of the largest and most prosperous states in the US. Its popular cities and fast growing towns attract a lot of investments in new business ventures of all types ranging from construction of new buildings, parking lots, roads, highways and other construction projects. The State of California requires all contractors involved in construction work to obtain an approval from the California Contractors State License Board before proceeding with their work. There are certain rules and regulations to be followed and certain prerequisites to be met in order to apply for this license. The rule applies to all contractors who have a budget of $500 or more on any of their projects.

There exist many consultants in California who help contractors with the process of applying and acquiring these licenses. With their help, the daunting task of receiving the licenses becomes easier to a large extent. It is essential for contractors to possess certain certificates and licenses, which must be in accordance with the board located at Sacramento. The verification of these licenses is essential in order to prevent fraudulent or dubious activity pertaining to construction projects. Most people are advised to check the credentials of contractors before engaging with them.

The California Contractors State License Board issues contractors pocket licenses, which provide information about the type of work and contract that a particular contractor is licensed for. It is advisable to verify these pocket licenses before signing and finalizing the deal with a contractor. It is also essential to verify whether the contractor is licensed for the type of work that needs to be done. The contractor's commission must be verified as well and cannot exceed 10% of the total cost of the construction. The payment to contractors for their services is usually made in cash.

A large number of experienced contractors offer their services to businessmen and firms in California. Verification of the license of contractors has become essential with an increasing number of unlicensed contractors jumping into the fray of construction, given that the business sector has huge pay-offs. It is advisable to hire contractors only after checking their license and the credibility.