Celebrities and the Law

Dallas based Valero Cheats Workers Out of Wages with Labor Practices

2009-08-10T15:27:00.000-07:00

"Even though the oil company knows full well that its workers are virtually chained to the pumps," said Janette Wipper, an attorney at Sanford Wittels & Heisler, LLP, "management has failed to lessen their workload or pay them mandatory overtime compensation as required by law."

According to the Complaint, the monster energy retailer fails to pay its corner store employees for mandatory "off-the-clock" work, "on-call" time, or overtime wages for work in excess of 40 hours a week and eight hours a day; fails to provide its workers with mandatory meal periods and rest breaks; and makes unlawful deductions from employees' earned wages, said Weinberg Law Firm, Labor Lawyer Dallas.

A Los Angels Police Chief caught DUI

2009-08-10T14:43:00.000-07:00

Drunk drivers are a public menace; they can and frequently do injure, maim and kill. It was only by luck that Mr. Baker did not kill the woman whose car he apparently hit while merging onto Interstate 66 in Arlington; as it was, she had to be treated at a hospital for whiplash, said Michael Bialys, Los Angeles DUI lawyer.

Mr. Baker is not the first police chief to get pulled over for drunken driving. Others, elsewhere, have made a habit of trying to cling to their jobs, ignoring the fact that they have sacrificed all professional and moral authority by their actions. Whether he was pushed to quit or simply jumped, Mr. Baker's resignation suggests he has better judgment than he showed Saturday night.

Fireman Sues New York over catastrophic injury

2009-08-05T10:49:00.000-07:00

A 19-year veteran of the Des Plaines Fire Dept. filed a lawsuit against the city last week demanding that the city pay for his and his family's health insurance because of a disabling injury he suffered during an emergency training exercise a year ago, said John Q. Kelly, a New York catastrophic injury lawyer.

Firefighter/engineer James Kedroski, 48, alleges in his lawsuit that during a June 19, 2008 department search drill, which required him to enter into a smoke and heat filled building while dressed in full gear that included breathing apparatus, he suffered a "catastrophic injury" to his back. During the drill, he was required to search for potentially trapped victims.

Will Obama Keep His Promise to Federal Whistleblowers?

2009-08-05T09:31:00.000-07:00

Gary Aguirre, a former U.S. Securities and Exchange Commission investigator, says he was fired after blowing the whistle on what he described as "preferred treatment" towards John Mack during an insider trading investigation. Mack was set to become the Chief Executive Officer of Morgan Stanley, and whistleblower lawyer Los Angeles said his colleagues at the SEC were unwilling to question Mack. "I was told that it would be very difficult to get approval to take his testimony because of his powerful political connections," Aguirre told ABC News. Aguirre's accounts were the catalyst of several hearings on Capitol Hill about the SEC's enforcement of Wall Street regulation, but "Wall Street has long tentacles," said Aguirre, "and those tentacles reached into the SEC and cost me my job."

Chicago Business Corus Bankshares Inc. on cusp of crisis

2009-08-04T14:59:00.000-07:00

FDIC may seize 'critically undercapitalized' Chicago-based lender
By Becky Yerak | Tribune reporter
August 2, 2009

It sounded like a desirable place to live: a 21-story luxury condominium project with 275 residential units, a spa, private club and a rooftop terrace with pool overlooking the Strip in Las Vegas.

Called Streamline Tower, it was one of about a dozen big-ticket projects that Chicago business attorney, a lender headquartered 1,700 miles away in Chicago, financed there over the past five years.

But in April, Streamline Tower LLC filed for bankruptcy, having sold only 27 units, and what at one time seemed like a solid bet stung Corus as the sole bank financing the project's $123.1 million construction loan.

Pa. court: DUI test does not warrant counsel

2009-08-04T09:19:00.000-07:00

Wednesday, July 22, 2009

By Daniel Malloy, Pittsburgh Post-Gazette

A driver pulled over for a suspected DUI does not have the right to an attorney before taking a blood test, the Pennsylvania Supreme Court ruled yesterday.

Ray D. McCoy Jr., of Harrisburg, was pulled over on suspicion of DUI in 2004 and later convicted in a non-jury trial. In his appeal, he argued through attorney John B. Mancke that because he was subject to stiffer penalties for refusing a blood draw or Breathalyzer, he was entitled to an attorney's advice before consenting.

In its unanimous ruling, the court cited U.S. Supreme Court rulings that a defendant's Sixth Amendment right to counsel kicks in only when judicial proceedings begin.

"Submission to a chemical test upon being stopped for suspected DUI is an evidence-gathering circumstance, prior to the filing of any formal adversarial judicial proceedings, and as such does not constitute a critical stage for purposes of the right to counsel," Justice J. Michael Eakin wrote in the court's opinion.

Justice Eakin also pointed out that under Pennsylvania's "Informed Consent Law," getting behind the wheel issues consent to a blood-alcohol test if a law enforcement officer has a reasonable suspicion of DUI.

Mr. McCoy, 62, crashed his car into a guardrail Feb. 1, 2004. He was arrested and taken to a hospital after police noticed slurred speech, glassy eyes and an odor of alcohol. A blood-alcohol test showed his blood-alcohol level to be 0.233, well above the legal limit in Pennsylvania.

An individual with a blood-alcohol level of 0.08 or greater is considered legally drunk.

Because it was Mr. McCoy's second Pittsburgh DUI offense, he was sentenced to 90 days to 18 months in jail. The sentence was stayed pending Mr. McCoy's appeal.

Hire a DUI Lawyer Pittsburgh

Los Angeles Train Accident Lawyers Ringler Kearney Alvarez LLP

2009-07-31T11:48:00.000-07:00

Los Angeles train injury law firm Ringler Kearney Alavarez LLP have established themselves as a premier law firm by providing clients with consistently excellent service. They pride themselves on their intellect, creativity and tenacity.

These Los Angeles class action attorneys have achieved victories in over 100 trials with total verdicts in excess of $250 million.

Ringler Kearney Alvarez LLP achieves their verdicts by utilizing their substantial financial resources to obtain the best result possible for each of their clients. This Los Angeles personal injury specialist law firm fights tirelessly for their clients, no matter the cost and no matter the foe.

New York Medical Malpractice Lawyer John Q. Kelly

2009-01-08T14:32:00.001-08:00

NY Medical Malpractice Lawyer John Q. Kelly is pleased to announce the launch of his new website for The Kelly Group P.C.

The website can be viewed at http://www.kellygrouppc.com and features notable cases and clients of Mr. Kelly.

About John Q. Kelly
One of the most renowned litigators in the country, Mr. Kelly has a proven track record in complex civil and corporate litigation nationwide.

His clients include some of the most widely publicized victims in recent times, including:

- Estate of Nicole Brown Simpson
- Parents of Natalee Holloway
- Estate of Kathleen Savio, ex-wife of Drew Peterson
- Estate of Heiress Anne Scripps Douglas
- Former Yankee great Joe Pepitone

Metrolink Train Crash

2008-09-26T13:27:00.000-07:00

www.rkallp.com

Carmelo Anthony Arrested on DUI Suspicion

2008-04-16T14:34:00.001-07:00

NBA All-Star Carmelo Anthony was arrested early yesterday in Denver on suspicion of driving under the influence of alcohol, hours after his worst game of the season.

The Denver Nuggets forward was arrested on Interstate 25, police said. He was alone in the car and pulled over for weaving and not dimming his lights.

Detective Sharon Hahn said Anthony failed a series of sobriety tests. He was charged with DUI, then taken to police headquarters before being released to a “sober responsible party,” Hahn said. Anthony is due in court May 14.

Mark Warkentien, the Nuggets' vice president of basketball operations, said the team was aware of the situation but declined comment. Anthony's attorney, Dan Recht, said his client consented to a blood test, but results won't be available for about two weeks.

Former Tampa Bay Buc David Boston Catches DUI

2008-04-16T14:22:00.002-07:00

Former Tampa Bay Buccaneers wide receiver David Boston, arrested in August on a drunken driving charge, pleaded no contest this morning to a lesser charge of reckless driving.

County Judge William Overton sentenced the football player to six months' probation and ordered him to attend DUI school. Boston also was ordered to serve 50 hours of community service and pay $615 in investigative costs and a $500 fine.

After the plea, Assistant State Attorney Kendall Davidson said prosecutors opted for the lesser charge of reckless driving because the videotape of Davidson's field sobriety test was in Boston's favor.

Once Boston fulfills his financial obligations and attends DUI school, he will have the right to buy out of his 50 hours of community service. He also will have the right to ask for early termination of his probation.

Boston declined to comment.

One of his attorneys, Ron Hanes, said, however, that it was "extremely important to David" that he not be convicted of DUI "as he steadfastly maintained he was not impaired from the outset of this case."

"This was a fair compromise reached with the state based upon all of the facts that we uncovered in our investigation of the case and will allow David to continue to pursue his football career," Hanes said.

Wes Trombley, another attorney representing Boston, said Boston was going to join a Canadian football team in Toronto. Hanes said Boston, 29, is hoping to return to the NFL at some point and has "a lot of football left in him."

On Aug. 23, Boston was seen in a sport utility vehicle weaving in traffic before he stopped at a traffic light. With the engine running, he fell asleep or passed out at the wheel, Pinellas Park Police Department reports state.

After he woke up, Boston was asked to perform a field sobriety test.

Boston failed to walk heel-to-toe and lost his balance, reports state. He also swayed when he tried to stand on one leg, reports state.

After he complained about sports injuries, Boston was given a chance to put his finger to his nose; he got it right one of five times. He was able to correctly recite the alphabet.

The first patrol officer noted that Boston didn't have bloodshot or watery eyes and that there was no smell of alcohol on his breath. The officer did note some jerkiness in Boston's eye movements, the reports states.

Initial tests turned up no illegal substances in Boston, but a Pinellas Park police officer who is a certified drug recognition expert asked the Pinellas County Forensic Laboratory to run another test on Boston's urine for gamma-hydroxybutyric acid. The drug, also known as GHB, is a rarity in traffic cases.

Boston said he merely was fatigued, but laboratory analysts found a high level of GHB in his system – four times the dose someone would be prescribed for a sleep disorder.

In September, the Bucs announced the team had released Boston, calling the move an injury settlement. Boston hurt ligaments in his right foot while warming up for the season opener in Seattle.

Detroit Tigers Pitcher Pleads Guilty

2008-04-16T14:22:00.001-07:00

Detroit Tigers pitcher Dontrelle Willis has pleaded guilty to reckless driving in a South Florida case that was downgraded from drunken driving.

The former Marlins left-hander was arrested in December 2006 in Miami Beach. Police noticed Willis had double-parked his Bentley and had watery eyes, slurred speech and appeared confused.

Prosecutors on Tuesday said Willis accepted a plea to lesser charges. That means Willis can keep his driver's license. But he must pay $761 in fines and fees, do 50 hours of community service and be on probation for six months.

Willis, currently on the disabled list with a leg injury, did not appear in court.

Richie Sambora May Face More Charges after DUI

2008-04-16T14:19:00.001-07:00

Richie Sambora, popped for DUI in Laguna Beach, Calif., last month, may face an additional charge of child endangerment, Usmagazine.com reports. The Laguna Beach Police Department has requested the additional count because his 10-year-old daughter, Ava, was in the SUV when he was pulled over.

But TMZ.com reports that while Sambora's blood alcohol content may have been above the legal limit, some in the police department don't believe that he exhibited "dangerous conduct," which is crucial to making a child endangerment charge stick. They say he was stopped because his Hummer slipped out of its lane in which he was driving, but that may be because the SUV is just absurdly large.

The Orange County District Attorney's Office will have final say on what charges, if any, are lodged against the Bon Jovi guitarist.

DUI Ruled non Violent Felony for Prison Sentences

2008-04-16T14:17:00.000-07:00

The Supreme Court ruled Wednesday that convictions for drunken driving do not count as violent felonies for enhancing prison sentences.

The justices, by a 6-3 vote, said that even though great harm can result from drunken driving, it is different from other crimes that involve purposeful action. Justice Stephen Breyer wrote the majority opinion.

Larry Begay had three felony convictions for drunken driving in New Mexico. He pleaded guilty to possessing a gun, which is illegal after having been convicted of a felony.

The Armed Career Criminal Act makes defendants eligible for longer prison terms if they have three prior criminal convictions for crimes that are either violent felonies or serious drug offenses.

Justices Samuel Alito, David Souter and Clarence Thomas dissented.

Madonna to Appear in Malawian Court over Adoption

2008-04-16T14:11:00.000-07:00

Pop star Madonna is expected to appear in court in Malawi this month for a ruling on whether she can adopt a child from the southern African country.

The case is "tentatively" scheduled for 22 to 25 April, a court clerk said.

Earlier this month the Malawian government recommended that the 49-year-old star should be allowed to adopt David Banda, who is aged two.

The boy has lived with Madonna and husband Guy Ritchie since October 2006 after they met him in an orphanage.

The adoption hearing was scheduled to take place in Malawi this week.

But the singer's lawyers asked for it to be delayed until the end of the month because she had another engagement in the US.

Last year critics of Madonna alleged that she had used her celebrity status to "fast-track" the adoption and get around Malawian laws.

However, the star strenuously denied that this was the case.

Debbie Gibson Can't Shake Stalker

2008-04-16T14:07:00.000-07:00

What does Debbie Gibson have in common with Jodie Foster, David Letterman and Halle Berry? If you guessed a hugely successful career and lots of talent… guess again. The 37-year-old singer, who prefers to go by Deborah Gibson these days, is another celebrity with a stalker.

Yesterday, she filed for a restraining order against a Spanish man named Bassas Jorge Puigdollers. The 44-year-old with the seven-syllable name runs a Debbie Gibson fan club, and is apparently a bit too dedicated to his adulation of the singer/songerwriter of “Shake Your Love”. Puigdollers has allegedly followed Gibson backstage on numerous concert tours, and tried to get into her hotel room.

According to documents filed in LA Superior Court, Deborah Gibson asked that Puigdollers stay 100 yards away, make no attempt to contact her in any way, and even stop attending her concerts.

The Associated Press phoned the alleged stalker in Spain, where he works as a taxi driver. He said he meant no harm. "I wanted to use the fan club to help people who can't go see her to get autographs and photos," Puigdollers said. "I understand that she wants her privacy. I would like to say I'm sorry. I don't want problems and I don't want to bother her so much." Twice in a week, Puigdollers tried to connect with the 1980s teen pop idol. According to Debbie Gibson, he left a note under her door on Thursday requesting they meet in El Paso.

"If you like, contact me," he said, and signed it with his phone number in Barcelona and an e-mail that begins "debhead."

Then on Sunday he appeared at the front door of Gibson's Los Angeles home, which is when she called the police "for fear of my life," she said in the restraining order request.

Police granted Gibson temporary protective order until the court approves one for a longer term. Puigdollers can still attend Debbie Gibson concerts and said he plans to attend five Gibson concerts at a casino in Atlantic City in May.

Hopefully, this won’t end the same way it did with another singer whose fan club leader went too far and murdered his beloved musician. In other words, Debbie Gibson may be another celeb with a stalker, but let’s hope this doesn’t go into Selena territory.

Tax Problems occur a lot more than you think.

2007-01-03T15:28:00.000-08:00

It's true. If you have problems, I suggest you contact.Progressive Taxto see what they can do for you. They are very good

Some Q & A from the IRS website...

2007-01-03T15:26:00.000-08:00

I received a Form 1099-MISC instead of a Form W-2. I'm not self-employed, I do not have a business. How do I report this income?

If payment for services you provided is listed in box 7 of Form 1099-MISC (PDF), you are being treated as a self-employed worker, also referred to as an independent contractor. You do not necessarily have to "have a business," but simply perform services as a nonemployee to have your compensation treated this way. The payer has determined that an employer-employee relationship does not exist in your case. That determination is complex, but is essentially made by examining the right to control how, when, and where you perform those services. It is not based on how you are paid, how often you are paid, nor whether you work part-time or full-time. There are three basic areas that are relevant to determine employment status:

behavioral control,
financial control, and
relationship of the parties

For more information on employer-employee relationships, refer to Chapter 2 of Publication 15, Circular E, Employer's Tax Guide and Chapter 2 of Publication 15-A (PDF), Employer's Supplemental Tax Guide. If you think that you were, or are, an employee and you would like the IRS to issue a determination, you may submit Form SS-8 (PDF), Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding.

Unless you think you were an employee, you report your nonemployee compensation on Form 1040, Schedule C, Profit or Loss from Business (Sole Proprietorship), or Form 1040, Schedule C-EZ, Net Profit from Business. You also need to complete Form 1040, Schedule SE, Self-Employment Tax, and pay self-employment tax on your net earnings from self-employment, if you had net earnings from self-employment of $400 or more. This is the manner by which self-employed persons pay into the social security and Medicare trust funds. Employees pay these payroll taxes, as well as income tax withholding, through deductions from their paychecks. Generally, there are no tax withholding on self-employment income. However, you may be subject to the requirement to make quarterly estimated tax payments. If you did not make estimated tax payments, you may be charged an underpayment of estimated tax penalty.

Tax Information for ya...

2007-01-03T15:25:00.000-08:00

My university required each incoming freshman to come to school with their own computer. Is there any way to deduct the cost of the computer from my tax liability?

The cost of a personal computer is generally a personal expense that is not deductible. However, if the school bills everyone, as a condition of attendance or enrollment, for proprietary computer devices and/or software available no where else, then this may qualify as an expense towards either the Lifetime Learning Credit or Hope Credit. For more information, refer to Publication 970, Tax Benefits for Education, Chapters 2 and 3.

Time to do your taxes is coming up real soon...

2007-01-02T16:20:00.000-08:00

It is almost time to do your taxes for all of you people who don't like to think about that, you are going to have to grin and bear it. If you have any tax problems, don't hesitate to call Progressive Tax Group, they handle all of my clients that come to me with huge problems, whether it be a lien on their home, back taxes, bankruptcy, whatever, they do it all.

www.progressivetaxgroup.com