False Deeds Equal Real Estate Fraud

With the U.S. in a deep recession, there is another very popular scam making the rounds – stealing property using a false deed.

It’s disturbingly safe for a thief to steal someone’s property using a false deed. In fact, this kind of scheme or real estate scam has become so popular it almost rivals other kinds of fraud scams. It makes one wonder what the world has come to with people taking advantage of others so blatantly. In a nation that once prided itself on neighbor helping neighbor when the hard times hit, it’s become neighbor stealing from neighbor to stay afloat.

There are a number of very popular real estate scams and if people are aware of them, it is easier to be on the alert for fraud. It’s the kind of knowledge that will come in handy should something strange look like it’s going down. In other words, knowledge is power and protection from fraud. This is particularly the case when it comes to elderly people who are often pressured into signing away their homes.

Typically speaking, most often real estate fraud centers around forged deeds. The most often used scam invokes a false deed to get a loan secured on a certain property. Once the loan has been dispersed, the thief vanishes like smoke in the night leaving the “real” property owner in the lurch and possibly facing bank foreclosure. The “real” owner has no idea anything happened until they get a warning note from the bank. If they don’t take action on it, perhaps thinking it’s a mistake, the foreclosure becomes a real possibility.

Here is another favorite real estate scam; selling a piece of property without the owner’s consent or knowledge. Generally speaking, this kind of fraud is perpetrated on an uninhabited, possibly inherited house or other property (land). Some very creative fraudsters are even able to sell the same property several times over. On the other hand, if the property was only sold once, this kind of fraud can go unnoticed for up to a year or longer.

Up to this point, most of the scams covered have been done with false deeds. The other more successful real estate fraud comes at the hands of a person who used a “real” deed to accomplish their illegal ends. While false deeds can often be reversed, real ones usually cannot be reversed. Unfortunately, the thieves in this type of case are often members of the family circle; the last people anyone would suspect of committing real estate fraud.

Isn’t a signature on the deed an even better move? Having a signature from the owner of the land in question is often a bonus in the real estate scam and the criminal can do pretty much as they please without worrying about getting caught. It’s easy to get signatures from elderly people, and this kind of fraud is very prevalent.

There are other kinds of fraudulent schemes out there today that leave many people penniless, without their land and in some instances homeless. The only way to ensure that fraud is not being committed is to speak with a skilled attorney.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com

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Consumer Fraud Defined

Lately there has been a rather alarming increase in fraud perpetrated on people and companies.

It’s the economy; it has to be as there were never the number of fraud cases prior to the recession hitting as the legal community is seeing now. Just about daily there are articles in the news about federal and local law enforcement officials rounding up and prosecuting individuals and groups that are likely to be committing fraud. This is an area of the law where if someone is facing charges under either fraud statute, the best advice is to immediately hire a skilled attorney familiar with these areas.

Prosecuting fraud is a rather tough thing to accomplish, as the definition of fraud is one that suits just about any given situation. In other words, there is not just “one” set definition of what fraud is and because of that, fraud usually gets tossed in with and prosecuted under the area of federal mail and/or wire fraud.

These two areas under the statute are really well loved by those who prosecute for a living, simply because both federal mail and wire fraud are tailor-made to use in instances of those scheming to defraud. Call these “catch all” statutory provisions, but they do yeoman’s service when needed. These are also appealing statutes because there are so many ways that criminals have of creatively defrauding people, that the law needs some leeway to fight back and put a lid on this kind of crime.

Criminal defense attorneys find these statutes are vague enough to pick holes in them and therefore be able to defend their accused clients. A nice two-way street that works well for both sides of the adversarial system, because on close examination the law is very liberal in relation to the requirements of proving that a scheme is indeed fraudulent. Put another way, the government isn’t required to show the defendant really did trick or swindle someone. They only have to show that a person devised a plan with the “capacity” to defraud.

When dealing with the mail fraud statute, the bottom line is that it is a crime to carry out a fraudulent scheme using the mail system. Obviously just about every business uses the mail system, including Joe and Josephine Citizen. If Joe and Josephine are involved in fraud (say a shady MLM scheme) and using the mail to spread their plan to anyone willing to listen, their mailings are subject to the mail fraud statute (federally and within their state.)

Here is something that not a lot of people are aware of when it comes to pulling off a fraudulent scheme. The person committing the fraud doesn’t even need to physically put the envelope in the mail. All that needs to happen is that the person perpetrating the fraud causes “someone else” to use the mail system to promote the original fraud. It works this way: a person defrauds Mr. Y to buy something and Mr. Y then mails a payment.

Wire fraud is a similar deal; in other words, it’s a crime to wire information to someone promoting a fraudulent scheme – period. And that applies locally or if it’s a foreign wire communication. As with mail fraud, so it goes with wire fraud as well. The person committing the fraud does not have to personally wire a missive, so long as the wire is from a fraud victim and is done to carry out a fraudulent scheme. While this might be a bit complex to grasp, a simple example will clear things up. For instance, consider the infamous cases involving phone solicitations of customers all over the U.S. and false ads on radio and TV.

This is a very tricky area of the law and hiring a highly skilled attorney to defend any charges faced under these statutes is a smart move.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.

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Smart Immigration Reform Still Seems to be on Hold

While the many meetings being held all over the U.S. dealing with immigration reform still seem to be producing positive feedback, there has still been no movement in Washington.

In what many term as the greatest frustration of the century, immigration reform advocates are still bemoaning the fact that not much is really being done about smart immigration reform in the Capitol. The grassroots feedback seems to still be fairly positive, but since no one sees any real movement on the issue, the question then becomes whether or not immigration reform, as proposed in the election campaign, is really going to happen.

The politicians are evidently committed to the notion of comprehensive immigration reform, but have been sidelined and blindsided by the health reform debate as well. Health reform is another contentious issue that when bundled with immigration reform has the potential to cause a rip-roaring debate on many levels, involving everyone from the next door neighbor to the highest ranking man in politics, the President.

While the country is thinking it’s great that there seems to be some tentative movement on immigration reform, they’re beginning to wonder “when” that reform will really take place. It has evidently been derailed by coming changes to the health system for 2010; although the stated intention has been that immigration could get revamped in 2010 as well. That might be difficult to achieve since the dollars needed for immigration are also needed for health care reform. And so the debate, without resolution, continues.

Many Americans are wondering what happened to the goal posts of comprehensive immigration reform; the hard and fast deadline of Labor Day (past) that came and went with no changes implemented. Others are wondering what happened to the supposedly detailed strategy that was to be put into place this year. On the other side of the fence is the fact that despite promises of immigration reform, the wall to separate the U.S. and Mexico is still being built at an enormous expense for the nation. Of course this issue deals with enforcement, not solving the question of reforming immigration and how it is done.

The bottom line here is that while there is a lot of repetition covering previous promises to pursue smart immigration reform, there has been nothing new since those promises were made. What is the future of smart immigration reform for the US? The question still remains out there – unanswered.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

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Beware of Construction Site Injuries

Working on a construction site is possibly one of the most dangerous jobs in America today.

No one knows better than construction workers how dangerous their jobs are on a daily basis. The number of built in hazards prevalent on a job site are phenomenal and the most dangerous accidents usually relate to lifting and moving heavy equipment and parts. Because of the heavy use of such equipment, it only stands to reason that Occupational Health and Safety statistics indicate that slings, used to move heavy materials, and how they are handled during moving, is “the” major cause of workplace injuries and accidents.

Most of the slings in use across the nation at construction sites are made of wire rope, chain and nylon. If the workers don’t have a good enough understanding of how these slings work properly and how to handle the materials being moved, each time something is moved is virtually an accident waiting to happen. It may also be viewed as negligence on the part of the employer if they do not have the proper safety standards in place or instruct their workers on how to handle materials in the proper manner.

For instance, nylon slings are not only strong, but have a certain elasticity. When bearing a heavy load, these slings tend to absorb shock and return to their original shape after release, much like an elastic band. This characteristic makes this material ideal for repetitive lifting, etc. They handle moisture and most chemicals (alkalis) and may be used inside or outside, rain or shine, and in temperatures of up to 180 degrees F.
When working with nylon any adjustments to be made to the sling are very simple. The trick is to make the adjustments correctly and not overload the sling on a continuous basis. While this type of sling material does provide a warning when it’s getting damaged (red indicator yarn) there have been cases where the sling was kept in use past being safe. The results were not pretty for the worker injured when the material being moved fell on him.

Chain slings don’t have the same abilities as nylon and are prone to snap unexpectedly. They need to be inspected prior to use for flaws and signs of wear and tear. If this is not carried out on a regular basis, or if the sling is used for loads that crush the sling itself, it compromises the integrity and safety of the apparatus. Again, an improperly cared for sling may result in disastrous consequences for those working on the job site.

Wire rope slings are a combination of twisted wires over a fiber core, each with a different degree of flexibility and damage tolerance. They are susceptible to fraying and moist conditions and if they are used well past their safety tolerance, accidents can and will happen. While there are a great number of alternatives for sling, hitches, baskets, etc. that may be used on construction work sites, all of them still need to be respected for their potential to cause deadly harm. Parts and any equipment is replaceable, people are not.

If you or a loved one has been involved in a construction site work accident, make it a point to talk to a highly skilled personal injury attorney with experience in handling cases such as this. Any severe life altering injuries may be eligible for compensation from the courts. Your lawyer will be able to advise you of your rights.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

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Truck Crash Lawsuits on the Rise

Each year the number of heavy rigs traveling on America’s highways gets higher and higher. Along with more big rigs on the roads, comes the increased chance of tractor trailer crashes.

It seems like everywhere motorists look while they’re on the highway they’re behind a big truck, passing one or cutting back in front of one. Virtually every fourth vehicle spotted on the roads these days is a semi hauling a big load. The more trucks there are weaving in and out of highway traffic, the more accidents are bound to happen.

It’s inevitable than when a 40 ton truck hits another passenger vehicle there will be numerous liability issues, which is a major reason to speak to an expert personal injury lawyer with experience in this area of the law. The circumstances of the case need to be evaluated and legal rights explained to either the survivor or the survivor’s family.

The reasons a truck crash lawsuit are so different than many other personal injury cases has to do with the number of potential defendants. This could include everyone from the trucker to the trucking company and from the load owners to the owners of any pups being hauled. In instances like this, the personal injury attorney will be alleging the truck accident was caused by the negligence of the trucker.

When this happens, often the trucking company assumes the liability for the driver’s actions under a doctrine of the law referred to as respondent superior. That simply means employers are liable for employee negligence if, when the accident happened, the worker was doing something ‘within’ the scope of his or her job.

While this sounds like it might be fairly straightforward, it rarely is that way. For example, there are a variety of definitions as to what an employee is and this may be the key to these cases. Many employers and their attorneys try to deny liability for a big rig crash by saying the driver was not an actual employee.

This kind of scenario was recently played out in another state where a plaintiff filed a suit against a trucking company and the driver. Their response was the driver didn’t work for them because he was a leased driver, and therefore they were not liable for the accident.

This argument is known as the borrowed servant defense which means when the trucking company gave the trucker a big rig to drive, they surrendered control to him. In doing that, the idea is that he is solely responsible for the negligence that caused an accident, not the company.

These types of cases tend to be very tricky and convoluted. This is why it only makes good sense to deal with an expert personal injury attorney who knows the ins and outs of the court system, how to collect the evidence needed to make a case and most of all, who knows the parties that need to be sued in instances like this.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.

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Sexual Orientation Questions Illegal in Texas

In Texas, employers absolutely cannot ask a person their sexual orientation.

If you have a suspicion or even concrete proof that you have been discriminated against in your workplace, you need to speak to an employment attorney. Stick to hiring an attorney who is local, as employment laws tend to vary from state to state. Hiring one who is familiar with the area and the work environment makes the most sense.

Typically speaking, there are two forms of illegal discrimination in most states and that includes Texas. The first one is refusing to hire someone based on their ethnic characteristics. The other is discriminating against a person for their sexual orientation. While many other states make the statement that it is illegal to discriminate against a person because of their sexual orientation, Texas does “not” specifically list this as an illegal reason for firing someone or for not hiring them. However, it’s definitely illegal for companies in Texas to “ask” about someone’s sexual orientation.

While this might seem to be a difference without a distinction, it is a fine line to walk and does happen to be rather difficult to prove if the “question” was not asked, but the person was indeed fired. It makes mounting a case based on discrimination due to sexual orientation tough. You need to keep an eye open during interviews for trick questions that try to tease out what your sexual orientation may be. This means you really need to be aware of what “legal” questions a job interviewer may ask that could let on what your orientation happens to be.

Here is another area you may be surprised by; it is illegal for an employer to not hire you if you have a criminal record, or fire someone if that person has a record. Employers are also not allowed to ask about arrests while you are being interviewed. The reason behind this no-no is that being accused of a crime does not make the person automatically guilty nor will barring them from employment help them get on with their lives. There is one exception here, and that relates to employers being entitled to ask if there are any felony convictions “if” it relates to duties to be performed for a particular job.

If you happen to be an illegal alien, the interviewer is allowed to ask you what your status happens to be if it relates to the work you will be doing. Be aware that it is not considered to be illegal if the employer declines to hire someone if they can’t perform a job without reasonable accommodations.

If you feel you have been treated unfairly or unjustly, it’s best to speak to a qualified employment attorney. You need to know what your rights are and if those rights have indeed been violated. If you have a case, your attorney will be able to advise you on how it will proceed.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

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