Xinting Legal

Talk about Law and Legal

Florida Securities Attorney Michael Scaglione Charged in Money Laundering Scheme

admin, · Categories: Attorney · Tags: , , ,

On July 10, 2013, Michael J. Scaglione, a Coral Gables securities attorney, was arrested by the FBI and charged in the the Eastern District of New York, with laundering more than $750,000 he believed were the proceeds from a penny stock scam.

According to the indictment, the hapless Scaglione was caught in an FBI sting operation similar to the infamous Bermuda Short. An FBI agent posed as a shady penny stock promoter and told Scaglione that he was working with corrupt broker-dealers willing to inflate the price of worthless penny stocks in exchange for high commissions. The securities attorney assured the undercover FBI agent that he could easily run the money though his attorney-client trust account to clean it up, and then deposit it in the agent’s own account with a Long Island, NY bank. .

The FBI agent handed over $750,000, including $88,000 in cash, in the lobby of a Miami hotel. Scaglione deposited the money in his trust account, and then transferred it–being careful to send sums no larger than $10,000 at a time–to the Long Island bank. He was paid $25,000 for his services.

Along the way, according to the indictment, Scaglione told the FBI agent that they couldn’t be caught, because their conversations and actions were covered by attorney-client privilege. Apparently Scaglione failed to recognize he was not acting in the capacity of a lawyer providing legal services to his client. Immediately prior to his arrest, the lawyer gladly accepted an additional $500,000 said to be ready for laundering.

United States Attorney Loretta E. Lynch drily remarked that Scaligione had “crossed the line from attorney to defendant.”

As a securities lawyer, Scaglione is no stranger to scammy penny stocks. He’s currently secretary and 12.2% beneficial owner of Marine Exploration, Inc (MEXP), currently trading at no bid by $0.0001. Marine Exploration fell into delinquency in its home state of Colorado in 2010, was reinstated by Scaglione in 2012. SEC filings relfect that he also served as counsel for Freedom Environmental Services (FRDM) until he was fired in 2012 for threatening to sue the company’s auditor without notifying the company, and for failing to disclose that his law partner, Michael Bon, had been indefinitely suspended by the State Bar of Florida for “engaging in a pattern of fraud, misrepresentation and theft.”

If convicted, securities attorney, Scaglione will presumably go to prison and lose his license to practice law. There are, unfortunately, all too many attorneys like him, willing to hijack public shells, write fraudulent opinion letters, and violate federal and state securities laws in a variety of other ways.

Hamilton & Associates

Securities Lawyers Brenda Hamilton, Securities Attorney 101 Plaza Real South, Suite 202 North Boca Raton, Florida 33432

Reliable Ways of Finding a Criminal Lawyer in Philadelphia

admin, · Categories: Criminal Law


Being charged of crime or a criminal offence not only affects you as a
human being but also impacts your professional life. By hiring a
criminal lawyer in Philadelphia, you can defend yourself of the
accusation and once again start leading a normal and healthy life. For
the sake of reliability and to ensure that the success rate of winning
the case are higher, it is best to engage an experienced and
professional criminal lawyer.


Typically, a lawyer helps defend you from charges or popular offences
like theft, assault, fraud, rash driving, and so on. If you look around,
you are sure to find a list of lawyers who claim to have significant
experience in such cases. However you need to make a choice based on
certain parameters which includes your budget too. Choosing the right
criminal attorney may take a while but can pay off if you can find the
right person and if he or she can help win the case for you.

So,
how do you find the right kind of criminal lawyer and what are the ways
that you should adopt? Here are a few methodologies that you might want
to try:

Look for ads in newspapers

Just like any
directory, at times you may also come across printed ads in the
newspaper. This is an easy and cost effective way of finding a criminal
lawyer. An advertisement would basically include the essential contact
details of the lawyer, number of cases handled till date, his/her area
of expertise and the kind of pricing plans the lawyer offers. If you
find the ad convincing then why not give the person a phone call and
book an appointment.

Ask for recommendations


You may have friends or colleagues at work that may have approached a
lawyer in the past. In case yes then why not ask for recommendations.
Share your budget and give a brief about the case. Who knows, someone at
office or in your area may offer some advice and you could easily be in
touch with an experienced criminal lawyer.

Search online


Nowadays, most small to large firms tend to advertise on the internet.
Some of the more professional ones have their own website that you can
go through. You can read through different cases that the lawyer has
handled in the past and then make a decision if the person is capable
enough to take on your case. Online or the internet also gives you the
flexibility to compare different lawyers basis of services, years of
experience and prices. What’s more, you can be a part of any online
community or forum and easily find a criminal lawyer in Philadelphia
whose services and expertise can help you resolve your case.

Essential Qualities Of A Competent Jones Act Lawyer In Houston

admin, · Categories: Lawyer · Tags:

According to the UKsHealth and Safety Executive (HSE), the major maritime injury rate was reported to be 151.8 per 100,000 workers in 2010-2011. The minor injury rate was 106 per 100,000 workers.. According to the US Bureau of Labor Statistics, maritime workers have the most dangerous occupation. Therefore, there are different laws in place to guard maritime workers and seamen. This article will provide an insight into the qualities of a good Jones Act lawyer in Houston.

3 Important Qualities in Jones Act Lawyer in Houston

The following are the qualities that a reputed Jones Act lawyer in Houston will possess:

1.Experience in dealing with Jones Act and maritime injury cases

The very first quality to seek in a reputed Jones Act lawyer in Houston is extensive knowledge on such cases. The Jones Act is a complex federal law and it requisites several years of practice for a lawyer to master the variety of circumstances. Although general practice lawyers can be competent in their area, they will not be able to handle Jones Act cases with flair unless they have a minimum of five years of practice. Therefore, it is recommended that claimants having serious maritime injury must seek a good maritime lawyer who handles only cases exclusively related to this particular Act.

2.Experience in the courtroom

Most of the time, maritime cases are tackled by insurance agencies and firm lawyers. Therefore, cases are prepared in a way that the claimant ends up getting a fair settlement. However, this is not the case always. To ensure a fair settlement, it is usually recommended that you pick a lawyer with a powerful courtroom experience as the case may demand presentation before the judge or jury. The defendants usually argue against every problem of the claimants declaration. So, there is a need to file motions and argue in front of judge to obtain a fair settlement. The lawyer may need to spend a lot of time in the court dealing with the case, so it is necessary that the he has extensive courtroom experience.

3.Have financial resources

It is a necessity that a good Jones Act lawyer in Houston must be financially sound to pay for the clients clinic cost and residing expenses in order to prove the damage. Although the maritime claim includes the past and future benefits, injury claim is expensive. Therefore, the lawyer needs an economic expert to confirm that the company wronged the claimant. They may also hire authorities to testify the negligence. And as these experts need payment, the lawyer must have sufficient financial resource to defend the claim.

A Review Of Attorney Gary P. Price And Lewis & Kappes Law Firm

admin, · Categories: Attorney · Tags: , , ,

Talk about ‘property’ and the first connection you are likely to make is ‘real estate,’ such as a house, a farmland, or a commercial building, that you can actually touch, feel, and live in. An intellectual property (IP) refers to something entirely different. Any idea that takes on a form and later finds expressions as a film, a book, a TV show, a game, or anything else that people play, watch, read, and recognize can be classified as IP. Trademarks, copyrights, trade secrets, patents, literature, music, and art are all intellectual properties. To put it simply, IP is a creation of imagination over which a corporation or an individual enjoys legal monopoly.

Incidentally, the term ‘intellectual property’ is also used to refer to those laws protecting such monopolies. These laws have been designed to uphold the rights of the owner of an IP. Cases related to violation of these laws can be quite complicated. For this reason, it is important to hire an experienced legal professional. This article reviews attorney Gary P. Price, who serves in the Lewis & Kappes law firm as a director in the intellectual property team and specializes in civil litigation, intellectual property, appeals, and mediation. A registered mediator, Mr. Price has vast experience in handling cases ranging from commercial litigation, personal injury, and premises liability to civil rights claims, anti-trust, and copyright infringement.

Education And Professional Experience

After completing his graduation and post-graduation from the University of Wisconsin, Gary P. Price followed up with a degree in law from the Indiana University. According to www.lewis-kappes.com, he has worked as law clerk in the Supreme Court of Indiana in addition to serving as an adjunct faculty in Indiana Central University, Butler University, and Indianapolis Law School. HIS wide experience has made him exceptionally proficient in the methodology of trial practice.

Gary P. Price has represented clients in the Federal District Court in the southern and northern districts of Indiana and the U.S. Court of Appeals (Seventh Circuit, Federal Circuit and Eleventh Circuit). He is currently affiliated with

* Indianapolis Bar Association * Indiana State Bar Association * Indiana Trial Lawyers Association * The Association of Trial Lawyers of America

Gary P. Price was honored as the Indiana Super Lawyer (general litigation) from 2004 to 2009 consecutively. He has also received the Appellate Advocacy Award (1977) and Woodward Fellowship (1978). Mr. Price has authored ‘Administrative Law’ and co-authored ‘Workmen’s Compensation.’

Notable Cases

The team of intellectual property lawyers at Lewis & Kappes, including Gary P. Price, has successfully handled several cases related to violation of intellectual property rights, misappropriation, and copyright infringement. The following are some of of the types of cases handled by this powerful legal team:

* They have negotiated licensing rights of copyrighted material and handled software licensing claims * They have defended clients in trade secret claims and secured damages for trade secret misappropriation * This team, including Gary P. Price, has successfully defended trademark infringement claims and secured registered trademarks * They have taken up patent infringement cases and resolved those by negotiation

The skilled team of intellectual property attorneys in Lewis & Kappes, including Gary P. Price, is empowered with extensive legal experience that makes them highly efficient in handling all kinds of cases related to intellectual property.

The Legality of DUI Checkpoints by Broward County DUI Attorney, Michael A. Dye

admin, · Categories: Attorney · Tags: ,

DUI Checkpoints are a controversial method of enforcing DUI laws. While many individuals consider these random warrantless stops offensive, most consider DUI checkpoints to be a legal approach to enforcing the law. What most people don’t understand is that DUI checkpoints must meet an extensive amount of criteria in order to be considered constitutional. If a checkpoint is not conducted in a constitutional manner, all evidence from the DUI checkpoint is generally suppressed.

The following is a quick description of the issues that are present in checkpoint cases. It is easy to see that this can be an especially complicated area of law, but a knowledgeable DUI defense attorney with experience litigating checkpoint issues can get some great results.

Pursuant to the United States Constitution, a search or seizure is unreasonable in the absence of individualized suspicion of wrongdoing subject to certain limited and well defined exceptions. A police checkpoint for the purposes of a license and registration check and/or even a sobriety checkpoint can be constitutional dependent upon the way in which the checkpoint is setup and conducted. When considering a challenge to a checkpoint, the reviewing court must undertake a two-part inquiry to see whether the checkpoint meets constitutional requirements: (1) court must first determine the primary programmatic purpose of the checkpoint program; and (2) once a legitimate primary programmatic purpose is determined, the court must also analyze whether the checkpoint was reasonable by weighing the public’s interest in the checkpoint against the intrusion on the defendant’s Fourth and Fourteenth Amendments privacy interests.

The Court must examine all available evidence to see the primary purpose of a checkpoint. The United States Supreme Court has stated that a trial court may not simply accept the State’s invocation of a proper purpose, but must carry out an in depth review of the scheme at issue. See Ferguson v. City of Charleston, 532 U.S. 67, 81, 121 S.Ct. 1281, 1290, 149 L.Ed.2d 205, 218(2001).

The Court’s inquiry doesn’t end with the finding of a permissible purpose. If a proper programmatic purpose is found, the Court must determine that the checkpoint was conducted in a reasonable manner. The checkpoint has to be judged on the basis of the individual circumstances. See Illinois v. Lidster, 540 U.S. 419, 427, 124 S.Ct. 885, 890, 157 L.Ed.2d 843, 852(2004).

There’s a three part test to determine the reasonableness of a checkpoint. See Brown v. Texas, 443 U.S. 47, 50, 99 S.Ct. 2637, 2640, 61 L.Ed.2d 357, 361(1979). The court must look to “(1) the gravity of the public concerns served by the seizure, (2) the degree to which the seizure advances the public interest, and (3) the severity of the interference with individual liberty.” Lidster, 540 U.S. at 427, 124 S.Ct. at 890, 157 L.Ed.2d at 852 quoting Brown, 443 U.S. at 51, 99 S.Ct. At 2640, 61 L.Ed.2d at 362. The second element of a reasonable checkpoint requires the police narrowly tailor the checkpoint to serve the primary programmatic purpose. See Lidster at 427. Without tailoring, “it is possible a roadblock purportedly established to check licenses could be located and conducted in such a way as to facilitate the detection of crimes unrelated to licensing.” See LaFarve 10.8(a), at 347-48.

How To Prepare For A Consultation With A Car Accident Lawyer In Las Vegas

admin, · Categories: Lawyer · Tags:

Most car accident lawyers will offer you the chance to have a free consultation before proceeding with your personal injury claim. The purpose of this consultation will be to allow you the opportunity to decide if this is the right Las Vegas car accident lawyer for you, and to allow the lawyer the opportunity to decide if your case is worth pursuing. For this reason, this initial consultation is arguably the most important part of choosing a car accident lawyer. Consequently, it is incredibly important that you are adequately prepared for this consultation. In order to help you do this, I would like to offer you a simple three step process that can help you prepare for your consultation with a car accident lawyer in Las Vegas.

Step 1: Complete and return any paperwork which is sent to you by the lawyer you will be consulting with.

Typically, the first thing that a Las Vegas car accident lawyer will do after scheduling your initial consultation is to mail you questionnaires which must be filled out. In most cases, the lawyer will request that these questionnaires be sent back to them prior to actually meeting face to face. This is because the purpose of these questionnaires is to provide the lawyer with all the information they need in order to best prepare themselves for your consultation. This is why it is always best to take the time to complete these questionnaires and mail them back before moving forward with your own preparation. If the lawyer’s office is located close to your home or office, you may find that it is best to deliver these questionnaires personally to ensure they are received in adequate time to allow for any follow up questions the lawyer may have.

Step 2: Create a list of questions which you will need answered during your consultation.

Perhaps the most important part of your consultation with a car accident lawyer in Las Vegas is the opportunity for you to collect a wealth of information on both the lawyer you are consulting, and the process which will be required in order to pursue your personal injury claim. Unfortunately, many people fail to take advantage of this opportunity because when the time comes they simply cannot recall all of the questions which they intended on asking. This is why it is always a good idea to commit all of your questions to paper prior to the date of your consultation. This will help to ensure that you do not forget to ask any of the questions which are important to your process of choosing the best lawyer to represent you. Keeping this list in a convenient place such as your refrigerator until the date of your consultation will allow you to easily add any questions which may come to you as you prepare yourself for this important meeting.

Step 3: Gather all documentation and evidence which is relevant to your case.

Finally, you will need to take the time to gather any documentation or evidence that you currently have in your possession or can easily gain access to. The reason for this step is to allow you the opportunity to convince the lawyer you are consulting with that your case is worth the risk they will be taking by choosing to represent you. Documents which can help you to accomplish this goal will include police reports from the day of your accident, all medical reports and documentation which pertain to your injuries, witness statements from people who were present when your accident occurred, and any photographs which you may have of either the accident scene or your injuries.

Indianapolis Adoption Lawyer will Ease the Adoption Process

admin, · Categories: Lawyer

Indianapolis adoption lawyer will help their client in adoption process. They are of in need as they will handle all the legal proceedings and they will make sure that their clients get their right and even the child is in safe hands and the child will also be secured. The adoptive parents will want their child to be with them for that they have to satisfy every need of the child and they should be capable enough gives them a good upbringing. There is also another open adoption which the lawyer deals with where the adoption is opened again and they will manage the case. It is very important that one hires a lawyer as the case might become complicated when both the parties are fighting for the child and to make the case strong one will require lawyer.

The role of adoption lawyer

The lawyer will have to gather the required information about the child and other resources which help in dealing the case. They take the responsibility of getting the rights for their client and as well as the child. they will handle all the legal matters and they will have to collect information on the birth records of the child, sometimes one parent will hide the information but the lawyer will have to search the record as from medical department and gather all the legal proofs. They will make sure that the child which is going to the new family will have all the facilities and rights so that the child can lead a happy. The role of the lawyer is very important as they will know how to handle everything and provide legal counsel.

Different types of adoptions

There are different ways of adoption to understand better one will require indianapolis adoption lawyer who will help resolve the case and get a new member into the family with pride. The lawyer can navigate the paper work with any of the agency; it can be national or international agency. The simplest way among others is to adopt a partners child and the partner could be a stepparent or the domestic partner. The another type of adoption is the identified adoption when both the parents who are giving their child and the parents who are gaining will meet each other with a mediator and the issue is discussed. Then when a parent knows the mother of the child or when the child is from abroad then it is handled accordingly.

Author Bio:- Jared Andereson is a professional writer, gives his facts about indianapolis family law attorney

Common Mistakes in Legal Documents

admin, · Categories: Law

Mistakes in legal documents come in many forms. A mistake in law is simply an error that, in the context of a contract, can render the entire contract void. The mistake need not relate to an essential term or substance of the contract, and can give a court grounds for relief where it considers it fair, just, and conscionable to correct it. With that being the case, it is important to have a document carefully drafted and reviewed before it is signed, since any error can have serious consequences in different circumstances. In the best of circumstances, where there has been a mistake that is obvious or inadvertent, the contract may be void. However, depending on the facts, it is possible that much more serious consequences could be inferred by the court. For example, a court may determine that the contract actually amounted to fraud or the equivalent of fraud (i.e. transactions falling short of deceit but where the court is of the opinion that it is unconscientious for a person to take advantage of the contract).

There are three main types of mistakes which are frequently encountered, and a professional lawyer will help you avoid though document review. First, there are the common mistakes. These characterize a situation in which both parties agree on the terms of the contract, but share the same misconception, which made them enter into the contract in the first place. As a result, the contract is not legally binding and can be cancelled, because there is no agreement on the terms. This type of mistake most commonly arises with respect to title, to the existence of the subject matter, or to the performing of the contract (for example, if the specifications are impossible to perform). Second, there are unilateral mistakes which concern only one party, but the other party knows of the problem and takes advantage of it. This will traditionally result in the agreement being cancelled. The third type is mutual mistake. This happens when both parties hold the same mistaken belief of the facts. Common mistake can void a contract if the mistake of the subject-matter was sufficiently fundamental to render its identity different from what was contracted, making the performance of the contract impossible. .

Any of these errors can influence and delay the contract or result in negative consequences. It is therefore very important that you have your legal documents review by a professional lawyer or law firm that has expertise in this area of law. Having such documents reviewed is helpful to all of the parties and ensures that everyone understands and agrees on the terms and conditions, and gets what they are expecting. There are many such lawyers and practices available to you in Ontario, and we strongly recommend that you seek legal advice that meets your budget and timeframe.

For more information about document review or to read more about legal document review, please click on these links.

Deciding on the best bankruptcy attorney is vital

admin, · Categories: Attorney · Tags:

Buying your decision to restore your accountability is exceedingly crucial, nonetheless will be the capability of your liquidation attorney almost as important? The complete listening and recording to procedure might be profoundly disturbing, and there’s dependably a risk your scenario will be cast out the screen by the judge. It may be brilliant to have one by your side to demonstrate to you the essentials and inform you relating to your decisions although it is totally imaginable to have the technique with no attorney. Paperwork To start with, a great bankruptcy attorney could exhort you about paperwork and the most effective paperwork that you simply must get with your event. There are various reviews which might be essential to get a clean deal, and keeping them immediately in your mind is bothersome. You’re presumably concerned about the different items that are getting ahead in your lifetime. A course that is lawful may moreover be knowledgeable about regional judge guidelines and techniques. Though these things can take place small to the actual guidelines they can suggest the difference between your case obtaining a judge to inspects the capability and unable to also defeat the doorways. Quantity and size: A portion of the ways to identify a fitting liquidation attorney for your situation would be to uncover. Numerous lawyers work-in numerous amounts of regulation without undoubtedly concentrating on any topic that is specific. You need to have a glance to what extent she or he continues to be sharpening that subject of legislation also at which graduate school the possible appropriate counsellor went along to. An extremely crucial portion that is alternate will be the number and size of the attorneyis help party. These people, provide you updates and more dependable renovations and while not legal experts, can assure productivity. Although some are most definitely not, the American Board of accreditation guarantees a couple of attorneys in liquidation. It is an inference that is fantastic that the special is indeed an authority within the selection. Larger Corporations: You will find impediments and constructive instances of heading off to a little firm, a thorough regulation workplace, or perhaps a functionality pro. Expenses that are larger usually do impose, yet may have encountered lawyers who will discover your courtroom structure that is neighborhood. With increased organizations that are tiny, you might get more tailored expertise. Littler organizations frequently do need certainly to processor away at place fields and may not need the vital adroitness inside the industry. Just like you’re not getting the concern your case merits when the authorized counsellor you choose is exhausted, you could possibly feel. It is typically good to contact sources and to exploit any free gatherings that the legal expert presents. You need to consider different specifics to settle on beyond any hesitation the conclusion is correct, when you’re buying your section 11 lawyer. Get after your senses and judgment that is specific if you do your gatherings. Your choice could present having its outcomes that are numerous.

find out more at http://www.bankruptcy-sandiego.com/ a>

Invoice Factoring Could Be Next Big Thing For Fraud Scam, Predicts Lawyer By Shaw Capital

admin, · Categories: Lawyer · Tags: , , ,

Shaw Capital Management and Financing offer a complete line of factoring services, purchase order funding, and asset based financing, accounts receivable management, and other related financial services.

One of the biggest challenges facing businesses in the current economic climate is getting invoices paid and the use of invoice factoring could become a significant area for fraud, according specialist fraud lawyer Arun Chauhan of Midlands firm Challinors.

In the current economic climate the use of factoring is becoming more prevalent, says Arun, a
Partner at Challinors and head of its Fraud & Asset Recovery department. The problem of getting invoices paid is a growing problem and an increase in fraud in Factoring is an area that will not be immune from this threat.

The issue of invoice payment is not unique to the economic climate but one that is encountered by all businesses and in particular start up businesses. Factoring is the selling of a companys invoices, at a discount, to a Factor – typically a financial institution – which then assumes the credit risk of the account debtors and receives cash as the debtors settle their accounts. The company then receives the value of the invoice less a percentage retained by the company as their fee for the factoring service.

The Factor will typically obtain a personal guarantee or some form of security from a director of a company before commencement of any agreement, explains Arun.

There are two specific types of factoring – Open and hidden factoring. In Open Factoring the company does not mind if its customers know if they are using a Factor. The debtor is sent invoices by the Factor to recover the face value of the invoices.

If a company has decided to Factor invoices to improve cash flow, it may wish to keep this from its customers. In these circumstances the practice of Closed Factoring is used, which involves the debtor being invoiced by the company not the Factor, who is sent the invoice and then pays a percentage. When the debtor pays the invoice the sum due to the Factor is then paid.

The process of factoring is susceptible to fraudulent activity, if there are not sufficient controls in place within a business, says Arun. A Managing Director may not be aware that those dealing with the raising of invoices for the company may well be devising a fraudulent scheme by creation location of businesses: The fact that the postcode of a company is the same or in a similar geographical location to the debtor is one warning sign to look for. Another is the existence of large invoice amounts relative to the average for that debtor.

The fraud is sometimes not internal but purely perpetrated to cause loss to the Factor. One example of this was uncovered in 2008 where the Directors of a Manchester based computer firm,
Ravelle, were convicted in a 3.25 million fraud upon its creditors. The fraud was centred on the creation of false sales documents and a complex web of inter-company transactions designed to deceive Factoring companies into providing finance to the Ravelle Group. This is a prime example of collusion, which is one pre-requisite for factoring fraud.

Many types of fraud are only possible if collusion between parties exists. In the Ravelle case, the collusion between the directors enabled the company to create fresh air invoices and more importantly partake in circular trading, the point of which is to create a complex set of trading requirements which allow a systematic deception of the factoring company. The schemes that keep companies running could not have been implemented without the continued input of the parties at Ravelle, and one of the Directors was a qualified accountant.

He adds: In the current economic climate the temptation for directors to cross the line and partake in Factoring fraud is greater owing to the constraints on cash flow. Any fraudulent activity is bound to leave a trail of evidence that will soon be detected, and our specialist fraud lawyers are skilled in finding such discrepancies. The fraud will eventually be detected, no matter how small.

Challinors has offices in Birmingham city centre, Edgbaston, West Bromwich and Nottingham. The firm has 23 partners and over 100 fee earners, and is ranked as one of the top legal firms in the West Midlands, being Number 1 in the Chambers UK Directory in a number of categories. For more information visit: www.challinors.co.uk.

Shaw Capital Management and Financing offer funding for a wide range of industries and flexible funding requirements that most businesses can easily qualify for.