The Patient Protection and Affordable Care Act of 2010 (“PPACA”) and the Healthcare and Education Reconciliation Act of 2010 (“HERA”) (collectively, the PPACA and HERA are referenced as the “Legislation”), passed in the spring of 2010, enacted sweeping changes to health care, including important changes to the federal False Claims Act that will affect prosecution of qui tam cases by the federal government, relators and whistleblowers. Health care fraud lawyers, attorneys and law firms and their clients must be aware of these significant changes in cases involving fraudulent claims against federal government healthcare programs such as Medicare, Medicaid and Tricare. Health care fraud defense attorneys will be disheartened, and federal government prosecutors, whistleblower lawyers and qui tam plaintiffs will be pleased, because these changes have lowered the bar for prosecutors and qui tam whistleblowers with respect to False Claims Act cases.The False Claims Act, 31 U.S.C. §§ 3729-3733 (the “FCA”), is an important tool used by the Department of Justice (“DOJ”), U.S. Attorney’s (“USAOs”) and private whistleblowers to bring civil prosecutions against those individuals and entities who perpetrate frauds upon the United States through false and fraudulent claims for payment. The FCA provides for treble damages and civil monetary penalties to be awarded to the federal government, and the qui tam whistleblower plaintiff, often called a “relator,” may recover up to 30% of the award, plus statutory attorney’s fees.The recent FCA amendments make it easier for whistleblowers to bring qui tam suits on behalf of the federal government by lowering the “public disclosure” standard. Prior to the amendments, a qui tam plaintiff who was not an original source was jurisdictionally barred from bringing an FCA suit if the fraudulent conduct of the defendant had been previously disclosed in the public domain through the media, federal, state or local reports, audits and investigations, or criminal, civil and administrative hearings and proceedings. For instance, in Graham County Soil & Water Conservation Dist. v. United States ex rel. Wilson, 130 S.Ct. 1396 (2010), the United States Supreme Court recently upheld the dismissal of an FCA claim for lack of jurisdiction based on prior public disclosure of fraud in California county’s audit reports. See United States ex rel. Gonzalez v. Planned Parenthood of Los Angeles, et al., Case No. 09-55010 (9th Cir. July 1, 2010).Under the amendments of the Legislation, publications deemed as public disclosures under the FCA are now more limited. They only include a federal criminal, civil and administrative hearing in which the government or its agent is a party, a congressional, Government Accounting Office (GAO) or other federal report, hearing, audit or investigation, or a disclosure in news media. See 31 U.S.C. § 3730(e)(4)(A). This means that state and local audits, reports, investigations and hearings, as well as litigation between private parties, can now be used as the sole source of information for an FCA suit for defrauding the federal government, and the Legislation has abrogated this part of the Graham County Soil & Water Conservation Dist. decision.The Legislation’s amendments also changed the jurisdictional nature of the public disclosure provisions. Before the new law was enacted, a violation of the public disclosure requirements of the FCA was a jurisdictional defect which could be raised by a party at any time or sua sponte by the court. Now, a qui tam whistleblower complaint which violates the public disclosure provision can be dismissed pursuant to a Rule 12(b)(6) motion, unless such dismissal is “opposed by the Government.” Id.The Legislation also amended the “original source” provisions of the FCA. Prior to the amendments, a whistleblowing relator who was an original source could bring an FCA suit regardless of whether there was a previous public disclosure. This meant that the whistleblower had to have “direct and independent knowledge” of the information on which the fraud allegations were based and had voluntarily provided the information to the Government before filing an FCA action which was based on the information. Under the Legislation, the “direct and independent knowledge” requirement has been eliminated, and an original source is an individual who voluntarily discloses the frauds to the government prior to a public disclosure or “has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions.” 31 U.S.C. § 3730(e)(4)(B). Therefore, as long as the qui tam whistleblower has information about the government frauds which are independent of publicly disclosed information, even if the qui tam whistleblower did not have “direct” information usually derived from personally witnessing the fraudulent conduct, an FCA suit may be pursued.By broadening the original source provisions and limiting the public disclosure provisions of the FCA, Congress has encouraged an increase in the filing of qui tam whistleblower lawsuits. While the change in the jurisdictional aspect of the public disclosure provisions ostensibly helps qui tam relators, it remains to be seen whether or not the government will develop a policy towards or against FCA suits in which Rule 12(b)(6) motions have been filed based upon prior public disclosures.The Medicare enforcement Anti-Kickback Statute (“AKS”) was amended to make violations thereof subject to the civil enforcement provisions of the FCA. 42 U.S.C. § 1320a-7b(g). This amendment was made to address a line of whistleblower cases which have held that kickbacks involving federal health care programs were not covered by the FCA under an implied certification theory. In an implied certification case, the whistleblower alleges liability of the defendant based upon the very act of submitting a claim for reimbursement because the defendant has impliedly certified compliance with governing federal rules that were a precondition to payment. Several courts had held that no FCA liability could attach under an implied certification theory involving kickbacks because neither the AKS statute nor regulation expressly stated that compliance was a precondition to Medicare or Medicaid payments. See United States ex rel. Hutcheson v. Blackstone Med., Inc., No. 06-11771-WGY, 2010 WL 938361 (D. Mass. Mar. 12, 2010). With this new Legislation, implied certification FCA whistleblower cases will likely become more prevalent.The Legislation also expanded the scope of “reverse false claims” under the FCA with respect to the retention of Medicare and Medicaid overpayments. In the 2009, Congress had previously eliminated the requirement of an affirmative false statement to the government for liability to attach in reverse false claims cases when it passed the Fraud Enforcement and Recovery Act (“FERA”). See 31 U.S.C. § 3729(a)(1)(G) (liability for a person who “knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government”). The amendments provide that Medicare and Medicaid overpayments become an actionable “obligation” under the FCA when the deadline for repayment expires. Such overpayments must be reported and returned to the federal government within 60 days of the later of the date the overpayment was identified or the date a corresponding cost report is due. This provision will likely lead to an explosion of reverse false claims actions.The Legislation creates potential FCA liability for private exchange insurers. The amendments establish private insurer “Exchanges” to provide individuals with options for the purchase of health insurance. If the private insurer’s exchange plans include any federal funding, then the payments made by, through, or in connection with the plan are subject to the FCA. However, there will be a significant delay in the implementation of this change because the effective date of this provision is January 1, 2014.In summary, the PPACA and the HERA made dramatic changes that will affect federal health care fraud whistleblower cases. The changes to the federal False Claims Act should result in easier prosecution of FCA qui tam whistleblower cases by the federal government, relators and whistleblowers. Health care fraud lawyers, attorneys and law firms and their clients should be aware of these significant changes in cases involving fraudulent claims against federal government healthcare programs such as Medicare, Medicaid and Tricare. By lowering the standards for prosecutors and qui tam whistleblowers with respect to False Claims Act cases, Congress has made the jobs of health care fraud defense attorneys more difficult. Federal government prosecutors, whistleblower lawyers and qui tam attorneys will have a few less hurdles to jump in prosecuting whistleblower allegations under the federal False Claims Act.© 2010 Joseph P. Griffith, Jr.
A society keeps record of most of the events. The events are recorded in the form of numbers. Births, deaths and marriages are few of the events recorded and kept as statistics for further references to aid decisions for many course of actions. Similarly data and events are recorded in different spheres such as crime and economy.The purpose of criminal statistics is two fold. The first one controls and restricts the individual’s actions to prevent from being committed again. The second purpose is to aid the decision makers, usually the legislatures, legal courts to enact reactive as well as proactive laws to reduce the occurrence of such crimes.DUI is a crime and therefore the state maintains records of such occurrences through various agencies such as police departments, department of motor vehicle (DMV). It is estimated that there are seven agencies involved in a DUI case. The record contains details like penalty, jail sentence, license confiscation and any attendance of alcohol program.The record is opened in case of repeat offense and the record remains there always. Based on the record, the punishment for the next offense gets harsher. The record is open to the public and is accessed by individuals, organizations for various purposes. Employers who want to hire may check the criminal record of the individual and therefore the chances of a DUI convict getting employed gets slimmer. Insurance companies also access the record before insuring some one. Some organizations have the policy of not hiring someone with a DUI record.It is possible to have the DUI records cleared in all states except Illinois. The process is called expungement. Lawyers help clearing the records from different agencies. Other than loss of financial opportunities, the psychological trauma of going through a DUI process and the labeling with a DUI record is often great and this has great impact when the individual is a teen.
Just how likely are you to become a victim of crime? It is believed that crime is increasing in many cities across the United States. Most of the country’s large cities, from New Orleans to Los Angeles and everywhere in between, have disturbingly high numbers of violent crime (which include murder, rape, and assault) as well as property crimes such a thefts, burglaries, and break-ins. Living in today’s world, it’s no wonder why so many people have chosen to protect their homes, themselves, and their families with security systems, stun guns, pepper spray, personal alarms, and a whole host of other devices designed to give you peace of mind and help you thwart an attack.What do the statistics show about the level of crime in the United States? Last year, there was a violent crime every 22.8 seconds, and an aggravated assault every 37.8 seconds. No matter your gender, age, or location, it is critical that you protect yourself before you become part of these statistics.There were almost five million acts of violence with female victims reported in the United States last year. Three quarters of these women were attacked when alone, and half were attacked by multiple assailants. Thirty percent of female victims of violence were attacked by someone they knew well. There are more than half a million rapes reported in the United States each year. These statistics underscore the need for women, especially, to protect themselves. Carry pepper spray in your handbag everywhere you go. A stun gun shaped like a cell phone or pepper spray disguised to look like a pen can be great choices, especially when you consider that many of these crimes are perpetrated by attackers who know their victim.According to the FBI, there are more than seventeen million property crimes such as burglary in the United States each year, including a burglary every twelve seconds and a violent robbery every 70 seconds. The average dollar loss per home invasion is about $1,725 to $2,000, and by far houses are the biggest target for break-ins. Clearly, property crimes are a huge problem in the United States. When you consider the danger your home is in, as well as how much property you are risking by leaving it unprotected, it makes sense to protect your home with alarms, security cameras, and other devices.Much can be learned from the method of entry for most home burglaries. About two thirds of residential burglaries occurred during daylight hours, while many people mistakenly believe that their home is at greater risk at night. A third of all home invasions happen right through the front door, while another quarter enter through a first floor window, and nearly all of the rest enter through the back door or garage. In nearly all cases, any alarms or other security systems on the home were not turned on or armed at the time of the burglary.Historically speaking, property crime tends to increase when the economy is not doing well. Since we are currently in a recession, it is all the more important to protect yourself, your home, and your family.
The latest inquiry into the death of Pat Tillman should come to an end by December. Tillman was killed by friendly fire 2 1/2 years ago in Afghanistan.It has now become clear that one for the four shooter, Staff Sgt. Trevor Alders had undergone a PRK laser eye surgery just before the incident. Although Tillman had put his hands up, identifying himself, all the Staff Sgt Alders could see was two sets of hands with his hazy vision. He assumed that Tillman and an allied Afghan were enemies and shot at them. Both were killed.Another shooter, Spc Stephen Ashpole said that he saw two figures standing and started shooting where everyone else was shooting. Squad Leader Sgt Greg Baker had a 20-20 vision but claimed he had tunnel vision. Baker said that he thought he saw an enemy with an AK-47, who was actually the allied Afghan fighter with Tillman, and started shooting at him.The shooters who shot death Tillman and the allied Afghan fighter failed to identify their targets and were in direct violation of the fire discipline techniques that every soldier learns.A report from the field hospital states that some tried to give Tillman CPR hours after his head had blown off. Key evidence including Tillman’s body armor and uniform were burned. Many of those involved in the shooting now have lawyers and are refusing to cooperate while others have left the army or can not be located.Already a lot of questions are being raised about Tillman’s death. Whether it was because of fog of war or sheer criminal act.
You have heard of crime labs where scientific testing takes place on the TV show CSI. How is a forensics lab different from a clinical lab? How did a forensics laboratory come about? Where did it come from? What kinds of testing go on in a forensics lab?Both forensics and clinical laboratories use the same scientific equipment and follow the same research protocols. However, in a clinical lab, testing with the purpose of diagnosing and treating the sick is carried out from a live patient. A forensics lab performs testing with the aim of establishing links between a suspect and a crime.The Very First Crime LabIn 1923, August Volmer (1876-1955) of the Los Angeles Police Department established the nation’s first forensic laboratory. About six years later, the first privately owned forensic lab was established in Chicago following the investigation of Chicago’s notorious St. Valentine’s Day Massacre. Calvin Goddard (1891-1955), America’s leading firearms identification expert at the time, was able to deduce a connection of the killings to Al Capone. Because of his expertise in firearms identification, two businessmen saw a potential in Calvin Goddard and funded further development of his crime lab at Northwestern University where he became a professor of police science. This new lab enveloped the other disciplines of blood analysis, fingerprinting, and trace evidence analysis under the same roof.Then in 1932, Goddard helped establish a national forensics laboratory for the FBI. It is in this lab that nearly all forensic services known to law enforcement are performed. Today many states have used the FBI forensics lab as a model for their own state or local labs.Common Procedures Done in a Crime LabTechnical scientific analyses offered by modern-day crime labs and medical examiners’ offices are diverse and complex. The number of services supplied by a particular lab is inherently dependant upon its size and available funding. State and regional labs may provide a wide range of services, and local labs may provide only fundamental testing procedures. In general, small crime labs usually outsource more complex testing to larger regional labs. Moreover, the FBI’s National Crime Lab offers services to all law enforcement agencies all over the country. An FBI crime lab can perform just about every type of scientific test. It also has access to databases covering everything such as tire-track impressions, fingerprints, shoe prints, and postage stamps.Larger laboratories may offer separate departments for each discipline, while smaller labs tend to encompass various services. Sometimes, there is an individual technician who is hired to do all the work. This is what the grunge character, Abby Sciuto, the forensics expert on the TV show NCIS, does. If this is the case, it would be smart for her to outsource the work to larger reference labs.What are the common procedures done in a crime lab?• Fingerprint analysis• Tool mark and impression analysis• Blood analysis• Ballistic reports• Trace evidence reports• Toxicological testing• DNA analysisNo doubt, a crime lab technician has his work cut out.With advancing technology, there will be newer services offered for crime labs all over the country. This will make it harder for perpetrators to get away with murder, bank robbery, or sexual assault.
Next week, select counties in California will be part of the pilot testing for California’s new ignition interlock law. Because of the amount of DUI arrests in the state, many CA drivers will be affected by this. Legal Brand Marketing has decided to interview a representative from Smart Start Ignition Interlock to answer some questions and get more information about the upcoming law.What is an interlock exactly?An ignition interlock is a device that is connected electronically to your car through your steering column. It looks sort of like a cellphone. It tests to see if the driver has alcohol in their system. If the device does detect alcohol, then the driver’s car won’t start.How does it work?First, you need to blow into the interlock. Using fuel cell technology, the device calculates your blood alcohol level. There’s also a computer chip in the interlock which records your numbers and sends them to the authorities so they can monitor a driver.Can people just get someone else to blow into it?No. First off, it is a misdemeanor if someone gets another person to blow in it. Secondly, many interlocks are becoming equipped with photo ID cameras to ensure the correct person is blowing into the interlock. I know Smart Start’s SSI-20/20 has one and I predict a camera will be equipped in most interlocks in the future.Can you explain the new CA law?Starting July 1, CA is requiring anyone convicted of DUI to have an ignition interlock. For first convictions, a person is required to have an interlock for six months. This law is initially being tested out in a few CA counties: Los Angeles, Sacramento, Tulare, and Alameda. After a few years, in 2015, the DMV will research to see how effective the law is and there’s a chance the rest of CA will have this law.How do most people feel about ignition interlocks?Well, I can tell you that ignition interlocks are not people’s favorite things. I mean, they’re getting these things because of a DUI conviction which is not something people want. Sure, it’s annoying to have to blow into it every time you start your car, plus interlocks require you to retest while you’re on the road. However, DUI laws are harsh and many people cannot drive at all because of their conviction. Therefore, those people can’t get to work or pick their kids up from school and, to me, that seems like a bigger hassle than having an ignition interlock.
The two primary avenues to have records destroyed [expunged] is by having achieved victory in a habeas petition or through a Section 1983 action. This article will address each.A district court sitting in habeas shall “dispose of the matter as law and justice shall require” (28 U.S.C. § 2243), and the goal of the remedy is to “put the defendant back in the position he would have been in if the [constitutional] violation never occurred.” Nunes v. Mueller, 350 F.3d 1045, 1057 (9th Cir. 2003) quoting United States v. Blaylock, 20 F.3d 1458, 1468 (9th Cir. 1994). It follows that the district court has latitude to fashion an appropriate remedy. Hilton v. Braunskill, 481 U.S. 770, 775 (1987) (“[A] court has broad discretion in conditioning a judgment granting habeas relief.”).One form of relief that a district court can order in a habeas proceeding is expungement of records relating to an unconstitutional conviction. In Woodall v. Pettibone, 465 F.2d 49 (4th Cir. 1972), the Fourth Circuit held that a prior decision, in which a Maryland statute requiring juveniles in a certain geographic area to be tried as adults was unconstitutional, should be applied retroactively. Id. at 52. The case came before the Fourth Circuit on appeal from the district court’s denial of a habeas petition, and the court found that those prosecuted under the unconstitutional statute were presumptively entitled to have their convictions declared null and void and expunged. Id. at 52-53. Notably, the court rejected the State’s argument that expunging the records of some 122 individuals subject to the decision was overly burdensome.Id. The court stated that expungement “is an equitable remedy to be granted in the balancing of the interests of the defendants and the state.” Id. at 52.In A.M. v. Butler, 360 F.3d 787 (7th Cir. 2004), the Seventh Circuit considered the State of Illinois’ appeal of the district court’s grant of a writ of habeas corpus. Id. at 789. After holding that the petitioner’s Sixth Amendment rights had been violated, the court affirmed the granting of the writ and explicitly ordered the State of Illinois to expunge the petitioner’s adjudication of juvenile delinquency unless it gave him a new trial. Id. at 797-802.Likewise, in Ward v. Wolfenbarger, 340 F.Supp.2d 773 (E.D. Mich. 2004), the court found that the habeas petitioner’s 1971 conviction was unconstitutional. Id. at 774. In considering the appropriate relief, the court stated that “[a] federal district court has the authority, in a habeas corpus proceeding, to order the expungement of a habeas petitioner’s criminal records against all persons who maintain custody of such records.” Id. at 776. The court then ordered as follows: Accordingly, the judgment of conviction against petitioner for the offenses of possession of LSD and possession of marijuana from the Huron County Circuit Court from January 20, 1971 is vacated and the record of conviction shall be expunged. [Citation omitted]. The Clerk of the Circuit Court of Huron County, Michigan shall forward a copy of this Court’s order to any person or agency that was notified of petitioner’s arrest or conviction involved with these offenses. [Citation omitted]. Id. at 777; see also Scott v. District Attorney, Jefferson Parish, 309 F.Supp. 833, 835 n. 2, 839 (E.D. La. 1970) (granting habeas writ to petitioner convicted of misdemeanor vagrancy to prevent petitioner from suffering collateral consequences of criminal record) affirmed without opinion at 437 F.2d 500.The Ninth Circuit has also found expungement to be an appropriate remedy in a successful habeas proceeding. In White v. White, 925 F.2d 287 (9th Cir. 1991), the Ninth Circuit considered a federal inmate’s habeas petition challenging the revocation of his parole. Id. at 288. The government claimed that the case was moot because the petitioner was, at the time, in custody for subsequent misconduct rather than for the parole revocation that was the subject of the petition. Id. at 290. The court held that the collateral consequences to the petitioner of the conviction, including possible employment discrimination and use of the revocation findings in a subsequent action, justified continued jurisdiction. Id. Then, after finding that the petitioner had been denied his due process rights in the parole revocation proceeding, the court directed the district court to issue the writ and order the expungement of the petitioner’s parole violation record. Id. at 292.When called upon to address unconstitutional arrests and convictions by the state, the Ninth Circuit has not hesitated to confirm that district courts have ample authority to order expungement. Wilson v. Webster, 467 F.2d 1282, 1283 (9th Cir. 1972) (holding that plaintiffs alleging unconstitutional arrests could bring action for expungement of state arrest records under 42 U.S.C. § 1983); Shipp v. Todd, 568 F.2d 133, 133-34 (9th Cir. 1978) (holding that plaintiff alleging unconstitutional burglary conviction could bring action for expungement of state records under 42 U.S.C. § 1983); Maurer v. Los Angeles County Sheriff’s Dept., 691 F.2d 434, 437 (9th Cir. 1982) (holding that plaintiff could seek expungement of allegedly unconstitutional arrest by LAPD under 42 U.S.C. § 1983). This authority stems from the recognition that even where the defendant has served his sentence, “the maintenance of his criminal records continues to operate to his detriment.” Shipp, 568 F.2d at 133-34.A district court can also order expunction of federal court convictions and arrests as a matter of ancillary jurisdiction over the convictions themselves. U.S. v. Sumner, 226 F.3d 1005, 1014 (9th Cir. 2000). This jurisdiction is limited, however, to the expunction of unlawful or unconstitutional arrests or convictions or to correcting clerical errors. Id. Prior to Sumner, some Ninth Circuit courts had held that federal convictions could be expunged pursuant to equitable considerations where “extraordinary circumstances” existed even though there was no allegation that the underlying conviction was constitutionally infirm. See, e.g., Doe v. United States, 964 F.Supp. 1429 (S.D.Cal. 1997) (issuing order to show cause why plaintiffs record should not be expunged where harm to plaintiff s employment outweighed state’s interest in maintaining record of youthful conviction). However, Sumner indicated that the required “extraordinary circumstances” relate to the circumstances of the underlying conviction or arrest rather than its later effects and that such circumstances are only found where the arrest or conviction is unlawful or a clerical error has occurred.Thus, whether an individual’s criminal record contains federal or state convictions, constitutional infirmity in the conviction constitutes grounds for expunction. Consequently, Defendant’s argument that prejudice to Plaintiff’s employment prospects and unjustified exposure to longer sentencing do not provide the “exceptional circumstances” for expunction misses the point. The distinction is well illustrated by United States v. Vasquez, 74 F.Supp.2d 964, 968 (S.D.Cal. 1999), in which the Court held that, despite plaintiff’s employment hardship and clean record, it lacked authority to expunge her record specifically because she had alleged no constitutional violation in the recorded conviction. Id., at 968 citing U.S. v. Smith, 940 F.2d 395, 396 (9th Cir. 1991). The Vasquez Court recognized that “Smith and other Ninth Circuit cases suggest that a defendant must establish some form of structural error that erodes the lawfulness or validity of her underlying conviction before expungement may be granted.” Id. Whatever the overall scope of the “exceptional circumstances” warranting expunction may be, constitutional infirmity in either state or federal convictions is sufficient.As such, the A.M. v. Butler, Woodall v. Pettibone, and White v. White decisions all support the proposition to all the court to order destruction of records. Both 28 U.S.C. § 2254 and 42 U.S.C. § 1983 serve as vehicles to redress constitutional violations by the state. Neither type of action is confined to enumerated remedies; on the contrary, both call upon the court to exercise broad authority to fashion adequate and complete relief.
The Mafia is not an actual organization. It has no individual head. Instead, the term “Mafia” refers to the various Families or groups of gangsters involved in organized crime. Most of these Mafia Families can trace their heritage back to Italy, predominantly Sicily.The Mafia is broadly divided into 5 groups based on the region where they operate or where they originated from. All the major Mafia gangs are involved in criminal enterprises all over the world and have bases in many nations.The five major groups are :-1. The Sicilian Mafia – Originated from Sicily.
2. The Cammora Mafia – Originated from Naples.
3. The Calabrian Mafia – Originated from Italy’s Calabrian province.
4. Sacra Corona Unita Mafia – Relatively recent group operating in the Puglia region of Italy.
5. La Cosa Nostra – The American Mafia. They have their roots in Sicily and Italy.There isn’t a clear naming conception when it comes to naming Mafia Families. Families were generally names after the town or province from where they arrived. However, the name sometimes changed to the name of their Don, specially if he was there since a long time and had tremendous power and influence. Some Families were even named for the city in which they operated.Sicily had nearly 200 Mafia Families. Some of the most prominent are :- Greco Mafia family, Motisi Mafia family and Corleonesi Many emigrated to other regions, specially to the United States.The United States have many families too. Some of the most prominent are ;-Bonanno, Colombo, Gambino, Genovese, Lucchese, Buffalo crime family, Scarfo crime family, Los Angeles crime family ,etc.
Recently there has been a spate of news reports about planned road collisions “induced” accidents, these have not been movie set ups as you might expect with them being planned but they are performances, best caught on camera. All road users need to be aware of this new type of road crime because not only is it dangerous and costly to the motorist on the receiving end, as if busy roads are not enough to be dealing with as it is but you now need to be on the lookout for dangerous premeditated crashes.Staged motor accidents in which criminal gangs deliberately cause vehicles to crash in an attempt to make fraudulent insurance claims for damage and injuries are not a very nice place to be if on the receiving end, in such an event you need more than insurance, you need evidence.The perpetrator gets out of the car comes over apologizing, offering their name, address and insurance details so you give them yours to later contact your insurance company, a week or so later you receive a letter from your insurance company about the claim being made against you for damages and personal injury.A mistake easily made if you are unaware, did you have a witness, did they, do you have any proof that they in actual fact crashed into you and that they admitted it? If you don’t have this you are fighting a very difficult battle and if they do then I’m sorry but it’s virtually impossible to prove your innocence.I do not want to go into any more detail about how easy it would be to stage such an event because it might give the wrong people ideas so I will censor myself from giving too much detail.What do you do in an event of this nature, you record as much information as possible, luckily most of us carry mobile phones with cameras and video cameras so now is not the time to be shy, video the whole thing from the moment you can switch the video recording on. Do this even if you just record sound for fear of confrontation, do this even if you’re not on your own, evidence is important it will save you a lot of trouble in the long run, it is also a good deterrent later.There are some very interesting vehicle accident devices available that will record the force of the impact, the location through GPS tracking, record video and sound, you can even buy 3 camera security kits to be placed at the front, rear and blind side of your car, yes manufacturers take this problem serious.These can be quite expensive but they are cool toys as well as good practical safety/security items that can be used beyond the stated advantages, some of your journeys will be interesting to watch again even share, that’s cool.Fraudulent vehicle claims against the insurance industry are growing, and are now conservatively estimated to cost around £1,500 million each year in the UK. The average insurance bill per induced accident is £25,000 to £30,000, and the 2005 total cost to the insurance industry was estimated to be £200m.This kind of money drives your premium costs up.Fraudulent auto-insurance claims in Los Angeles County amount to over 65% of all such claims and according to the President/CEO of the Auto Club of Southern California, auto insurance fraud costs consumers in California over $500 million annually.Staged motor accidents in which criminal gangs deliberately cause vehicles to crash in an attempt to make fraudulent insurance claims for damage and injuries are a growing problem on both sides of the pond and the rest of the world. Manufactures do not make security devices in the hope that there is a market for them, distributor’s don’t stock them for fun anymore than a potential fraudster will thank you for having one but you will thank yourself, induced collisions are real.Knowing that you are not at fault is not enough if you need to prove it so being careful comes first.Prevention is better than cure, go to I spy gear.NET and we will tell you more.Personal I spy gear products that you already own are better than none.
In a perfect world, if a crime even occurred and someone was arrested for it, the trial would be short and sweet; hear both sides of the story, sentence or acquit. However, the world is not as rosy and trials in the current American legal system often take weeks, even months. As a result, the defendants, some of whom may be innocent, have to cool their heels in jail until the moment of truth. Not only may the consequence be financial hardship but also extreme mental trauma and missing out on social life and personal well-being. Bail is one such escape from this period of wait and misery before a trial.In many cases, America’s law courts accept bail as a financial assurance in exchange for releasing the defendant until the trial is complete. The judge takes into account several factors, including the severity of the alleged crime and the defendant’s criminal record, while granting bail and the setting the amount of it.If bail is granted, the document containing details of it is known as a bail bond and is signed by a bail bondsman, a person who undertakes the guarantee that the defendant will appear for all his hearings. If the defendant jumps bail, the bail bondsman must pay from his own buildup fund.So, this precious, little document, the bail bond, enables the defendant and his kith and kin to heave a collective sigh of relief. For the family, the most important quality of a bail bond is that it gets the loved one out of jail in a quick and dignified manner. It saves all of them a great deal of stress and anxiety and helps in keeping their reputation intact.An able and reputed bail bondsman would know the legal system well and treat his client with respect, thus enabling the family to uphold its self-respect. He would respond to his client promptly and with compassion, always ensuring that integrity remain the cornerstone of his business.Most laymen do not have a clear understanding of how the jail system works and often get nervous when they or someone dear to them are arrested. Bail get regular citizens in touch with a bail bondsman, who patiently explains the nitty-gritty of the process and takes responsibility to get them out of the looming prison walls into the security offered by their own homes.Another crucial advantage proffered by bail is that they take only minutes to get approved and processed. Also, throughout the United States of America, bail bondsmen are available on an “on call” basis. Within a short span of time, they swoop in to save the day.Regardless of whether they are San Diego Bail Bonds or Los Angeles County Bail Bonds, a bail bondsman needs street-smart, reliable bounty hunters.Taking a look at the other side of the spectrum, the court may also rest assured that the defendant will appear for hearings and that justice will be upheld.Not everyone who is released on bail is finally acquitted, of course, and several safeguards have been built into the bail law to ensure that the guilty are punished. However, for the innocent, bail bonds offer a welcome respite from the physical, mental, emotional and social trauma that most law-abiding citizens would undergo if put behind bars. In this inherent function of bringing peace to troubled minds lies the importance of bail bonds.