Tuesday, March 20, 2012

Attorney-Lawyer is Announcing New Low Prices and Guaranteed Savings for Their ... - Virtual-Strategy Magazine

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Attorney-Lawyer is a nationwide legal resource for people in need of a lawyer or attorney. For any legal need, anywhere in the country. Attorney are trained in every branch of law. From accident attorneys, and personal injury lawyers, to family law, and Dui attorneys.

(PRWEB) March 19, 2012

Visit Attorney-Lawyer at http://www.attorney-lawyer.co. Attorney-Lawyer is a nationwide Legal aid service provider. For any legal needs anywhere in the United States. Attorneys are standing by locally to help. Attorney-Lawyer has lawyer and attorneys standing by in cities located all over the United States, waiting to serve handle any and all legal problems, or issues that arise.

Attorney-Lawyer has been serving communities all over the United States since 2001. With a commitment to quality and service that sets Attornay-Lawyer apart from the competition. For all legal needs from Personal Injury Attorneys, to Divorce Lawyers, Attorney Lawyer is number 1 in customer satisfaction. Attorney Lawyer onlys represents the best lawyers and attorneys in very area of the USA. Having legal problems can be scary, and finding the right attorney can make or break a case. Let the experts at Attorney-Lawyer help

For the original version on PRWeb visit: http://www.prweb.com/releases/prweb2012/3/prweb9297912.htm


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North Carolina Personal Injury Lawyers of Hardison & Cochran Sponsor MDA ... - PR Web (press release)

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Raleigh, N.C. (PRWEB) March 15, 2012

The North Carolina personal injury lawyers of Hardison & Cochran, Attorneys at Law, are once again serving as sponsors of the Muscular Dystrophy Association / Triangle Muscle Walk.

The event is set for Saturday, March 24, on Fayetteville Street in downtown Raleigh. Registration begins at 10 a.m. The walk will kick off at 11 a.m. Lunch will be served to registered participants at noon. Local band More Rhythm will provide live music.

“We are honored to serve as sponsors of the MDA / Triangle Muscle Walk, which has become a huge success,” said North Carolina personal injury and workers’ compensation attorney Benjamin T. Cochran, the managing partner of Hardison & Cochran.

In addition to representing North Carolina accident and injury victims, the firm has a long history of community involvement. Every year, the firm sponsors a wide variety of non-profit groups and charity events.

“The MDA / Triangle Muscle Walk helps to raise funds for important research and services. It also helps to raise awareness of neuromuscular diseases,” Cochran said. “Above all, it gives hope and support to muscular dystrophy patients and their families.

“If anyone would like to see what the MDA is all about, we welcome you to join us on March 24 in downtown Raleigh.”

The MDA / Triangle Muscle Walk pays tribute to those with any of 40 muscle-damage diseases. The event is a family-oriented gathering. It provides light exercise for all involved – children, adults, grandparents, students, corporate teams and more.

The MDA’s Eastern North Carolina District organizes the event. The district’s office is located in Raleigh. It serves 18 counties with more than 1,100 residents living with a form of muscular dystrophy.

Money raised by events such as the Triangle Muscle Walk benefits these individuals. It raises funds for extensive patient service programs through MDA clinics at Duke and the University of North Carolina. The funds also support ongoing worldwide research and a week-long summer camp for children and young adults.

For more information about organizing or joining a team or making a donation, please visit the Triangle Muscle Walk website or call (919) 783-0222.

“We hope local companies will strongly consider serving as sponsors, organizing teams or making other charitable contributions to MDA,” Cochran said. “Every little bit helps.”

About Hardison & Cochran, Attorneys at Law

Hardison & Cochran, Attorneys at Law, is a highly respected North Carolina personal injury, workers’ compensation and Social Security disability law firm with offices in Raleigh, Durham, Fayetteville, Dunn, New Bern, Southern Pines and Wilmington. The firm’s practice areas include car accidents, truck accidents, motorcycle accidents, boating accidents, dog bites, dangerous drugs, defective medical devices, nursing home abuse and negligence and traffic violations. For more information, call the firm toll-free at (800) 434-8399 or use the firm’s online contact form.



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Monday, March 19, 2012

Personal Injury Lawyers & Attorneys in the US Industry Market Research Report ... - PR Web (press release)

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Los Angeles, CA (PRWEB) March 13, 2012

Revenue for the Personal Injury Lawyers and Attorneys industry is expected to grow 1.9% annually to $26.7 billion in the five years to 2012. Over this period, the industry has benefitted from an increase in the average age of the US population, which has caused the number of physician visits to rise. According to IBISWorld industry analyst Kevin Culbert, “The aging of the US population contributes to the industry's growth because older individuals are more likely to have slip-and-fall accidents, which can yield personal injury cases.” Furthermore, the subsequent growth in the number of physician's visit results in a greater number of malpractice suits. This factor is expected to contribute to revenue growth in 2012.

Unlike many industries that declined during the recession, the Personal Injury Lawyers and Attorneys industry has a countercyclical nature to it. During the five years to 2012, the number of auto accidents has declined in the United States is expected to fall 1.4% annually to 5.6 million. Similarly, the number of workplace deaths has declined at an annualized rate of 3.2% to 4,801. “In spite of this,” says Culbert, “the recession has made cash-strapped individuals more likely to pursue a personal injury case in the event of an injury.” As such, the decline in potential clients did not create industry poor performance during the recession.

In the five years to 2017, industry revenue is forecast to grow 2.0% annually to $29.5 billion. During that time, industry operators will benefit from an increase of revenue streams generated by structured settlements, which have become more popular during the past five years. Structured settlements are an arrangement in which damages are paid out over a period of time rather than all at once. During the recession, structured settlements became increasingly popular because many defendants were unable to pay damages in one lump sum. As such, industry operators will generate a great proportion of revenue from past settlements in the years going forward. While structured settlements will help boost industry profit margins over the next five years, industry profit growth will be restrained by increasing price competition. An influx of law students, who pursued degrees rather than enter the job market, will lead to higher competition and a boost in the number of small firms. The industry will remain highly fragmented, with the average firm having only three employees. For more information, visit IBISWorld’s Personal Injury Lawyers & Attorneys in the US report in the US industry page.

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IBISWorld industry Report Key Topics

This industry comprises legal practitioners (i.e. lawyers or attorneys) that primarily practice personal injury law.

Industry Performance
Executive Summary
Key External Drivers
Current Performance
Industry Outlook
Industry Life Cycle
Products & Markets
Supply Chain
Products & Services
Major Markets
Globalization & Trade
Business Locations
Competitive Landscape
Market Share Concentration
Key Success Factors
Cost Structure Benchmarks
Barriers to Entry
Major Companies
Operating Conditions
Capital Intensity
Key Statistics
Industry Data
Annual Change
Key Ratios

About IBISWorld Inc.
Recognized as the nation’s most trusted independent source of industry and market research, IBISWorld offers a comprehensive database of unique information and analysis on every US industry. With an extensive online portfolio, valued for its depth and scope, the company equips clients with the insight necessary to make better business decisions. Headquartered in Los Angeles, IBISWorld serves a range of business, professional service and government organizations through more than 10 locations worldwide. For more information, visit http://www.ibisworld.com or call 1-800-330-3772.



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Scranton Personal Injury Lawyer Melissa Scartelli Named to "Top Attorneys In ... - Virtual-Strategy Magazine

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Wilkes-Barre and Scranton, Pa. attorney honored for excellence in the legal profession.

Scranton, PA (PRWEB) March 12, 2012

Scranton personal injury lawyer Melissa A. Scartelli of Scartelli Olszewski, P.C. has been recognized as one of the "Top Attorneys In Pennsylvania" by American Registry, LLC. A partner with LexisNexis Martindale-Hubbell, American Registry recognized Scartelli for her excellence in the legal community, impressive record of professional achievements and unquestioned ethical standards.

“I am honored and humbled to be publically honored as a Top Attorney in Pennsylvania,” said Scartelli. “I take pride in constantly challenging myself as a legal professional, striving toward excellence in the profession and always adhering to the highest levels of ethical standards.”

In 2011 alone, Scartelli and her business partner Peter Paul Olszewski, Jr., secured a $550,000 jury verdict in a medical malpractice case brought by a 79-year-old woman who suffered a 23-month delay in the diagnosis of her lung cancer (Lackawanna County NO. 3387 – CIVIL – 2009). The verdict may be the largest verdict for an elderly patient in Lackawanna County history. The attorneys also secured a $750,000 settlement for the family members of a prison inmate who died at the Federal Penitentiary in Lewisburg, Pa. (U.S. District Court of the Middle District of Pennsylvania, 4:10-cv-02603-JEJ).

With a focus on continued legal excellence and the representation of people who have been injured due to negligence, Scartelli and Olszewski were two of only a few Northeastern Pennsylvania attorneys who attended the American Association for Justice’s 2011 Convention in Phoenix, Ariz. While there, the personal injury lawyers participated in a variety of educational seminars about hot topics and trends in personal injury and medical malpractice.

One of a handful of women trial lawyers in Northeast Pennsylvania who is a Board Certified Civil Trial specialist, Scartelli founded Scartelli Olszewski, P.C. in 2001 to protect the rights of accident and malpractice victims. For more than 20 years, she has handled a wide range of complex personal injury matters on behalf of seriously injured plaintiffs throughout the state and federal courts of Pennsylvania. Scartelli’s areas of practice include automobile accidents, auto defects, construction and workplace accidents, defective drugs and medical devices, insurance bad faith, liquor liability, medical malpractice, nursing home negligence, premises liability, product liability, professional liability and psychiatric malpractice.

Scartelli has served on the Lackawanna Bar Association Board of Directors, sits on the Social Committee of the Luzerne County Bar Association and has served as President of the Northeastern Pennsylvania Trial Lawyers Association. She has been recognized by Thomas Reuters, published annually in Philadelphia magazine, as a 2009, 2010 and 2011 Pennsylvania Super Lawyer?. In 2005, she received the Pennsylvania State Police’s Highest Citizenship Award. Scartelli and Olszewski are also members of the exclusive Million Dollar Advocates Forum.

About Scartelli Olszewski, P.C.: Founded in 2001, Scartelli Olszewski handles a range of complex matters on behalf of accident victims, malpractice victims and other injured individuals and their families. The firm also represents criminal defendants. Practice areas include automobile accidents, auto defects, construction and workplace accidents, criminal defense, defective drugs and medical devices, insurance bad faith, liquor liability, medical malpractice, nursing home negligence, premises liability, product liability, professional liability and psychiatric malpractice. Scartelli Olszewski is small enough to care yet large enough to win for their clients in the Scranton and Wilkes-Barre, Pa., region. To learn more about the firm, visit http://www.scartelli.com.

For the original version on PRWeb visit: http://www.prweb.com/releases/prwebMelissaScartelli/TopPAAttorney/prweb9261479.htm


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Oklahoma Car Accident Lawyers at Atkins & Markoff Warn Public of Dangers of ... - Houston Chronicle

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var HDN = HDN || {}; HDN.t_firstbyte = Number(new Date());Oklahoma Car Accident Lawyers at Atkins & Markoff Warn Public of Dangers of Fatigued Driving After after a Drowsy Driver Allegedly Caused a Car Accident Injuring 8 People - Houston Chronicle (skip this header)

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Oklahoma Car Accident Lawyers at Atkins & Markoff Warn Public of Dangers of Fatigued Driving After after a Drowsy Driver Allegedly Caused a Car Accident Injuring 8 People PRWeb Published 09:00?a.m., Wednesday, March 14, 2012 Press Release Larger | Smaller Georgia (default)

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The Oklahoma auto accident attorneys at the law firm of Atkins & Markoff, whose Web site URL can be found at http://www.oklalawyer.com and whose team of Oklahoma personal injury lawyers represents clients who have been injured in crashes caused by negligent drivers, hereby warns the public of the dangers of falling asleep behind the wheel after a Ravia car accident allegedly caused by a drowsy driver injured 8 people. This Oklahoma car accident was reported by The Daily Ardmoreite.

Oklahoma City, OK (PRWEB) March 14, 2012

The Oklahoma car accident lawyers at the law firm of Atkins & Markoff hereby warns the public of the continuing dangers of falling asleep at the wheel of a vehicle after a recent Ravia car accident that was reportedly caused by a driver falling asleep led to injuries to 8 people, several of whom were injured seriously. The Daily Ardmoreite issued a report on this accident.

According to the article, the Oklahoma car accident at issue occurred on Saturday, March 4 at approximately 8:45 a.m. A 22-year-old female was driving in an eastbound direction on State Highway 1 just west of Ravia when she allegedly fell asleep. As a result, her vehicle drifted across the center line of the road and collided head-on with a vehicle being driven by a 57-year-old woman.

According to the article about this collision, the driver of the Chevrolet suffered multiple injuries, a passenger in that vehicle suffered multiple serious injuries and had to be airlifted to a nearby hospital and four children in the Chevrolet were also injured. In addition, the driver of the Dodge van was also injured and transported to a hospital for treatment as was a passenger in the Dodge.

Falling asleep at the wheel is a problem that the Oklahoma auto accident lawyers at Atkins & Markoff want to warn the public of, as this obviously creates an enormous amount of danger for both that driver and for anyone else in the vicinity at the time. Every year, more than 70,000 Oklahoma car accidents occur overall, leading to more than 36,000 injuries and to approximately 700 fatalities.

About Atkins & Markoff

Atkins & Markoff, whose Web site is located at http://www.oklalawyer.com, is a law firm comprised of Oklahoma personal injury and trial lawyers who have been representing consumers and defending their legal rights for nearly 15 years. The firm handles legal matters that include Oklahoma auto accidents, class action lawsuits, child/daycare injuries, defective products, medical malpractice, general personal injury and workers’ compensation among other legal matters.

For the original version on PRWeb visit: http://www.prweb.com/releases/prweb2012/3/prweb9277963.htm

The company that placed this press release with PRWeb is responsible for its content. It is not edited by the Chronicle.

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The Oklahoma Personal Injury Lawyers at Atkins & Markoff Alert Public to Tulsa ... - Houston Chronicle

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The Oklahoma personal injury attorneys at the law firm of Atkins & Markoff, whose Web site URL can be found at http://www.oklalawyer.com, hereby alert the public of a recent report published by the Tulsa World newspaper that details the investigation of two possible cases of bacterial meningitis, including the death of a four-year-old child who attended a daycare center in Pawnee County. Parents are encouraged to take steps to protect their children from this risk.

Oklahoma City, OK (PRWEB) February 29, 2012

The Oklahoma personal injury lawyers at Atkins & Markoff, an Oklahoma law firm that dedicates its time to representing injured clients, hereby alerts the public of a recent article published in the Tulsa World newspaper that details the ongoing investigation of two possible cases of bacterial meningitis, including the death of one four-year-old child who attended a daycare center in Pawnee County. Officials and employees at the daycare center at issue are taking steps to attempt to prevent any spread of this disease.

This Tulsa World article stated that the four-year-old child who was killed by bacterial meningitis died on a Sunday after attending the daycare center on the previous Friday. No specific link has been established between the conditions at the daycare center and this child’s contraction of this disease, but bacterial meningitis can be spread between people through the exchange of respiratory and throat secretions that include coughing, sneezing and kissing.

According to a study performed by the United States Centers for Disease Control and Prevention in 2010, more than 30,000 children under the age of four are treated in emergency rooms for illnesses and injuries that occurred at daycare centers across the United States. Common causes of these injuries and illnesses include unsafe playground equipment, unsafe cribs, the failure to use child safety gates and the transfer of communicable diseases. Common injuries and illnesses that occur at daycare centers include traumatic brain injuries, broken bones, severe lacerations and several different forms of illnesses.

In Oklahoma, licensed daycare facilities are required to carry liability insurance per existing state law. These daycare centers are required to carry at least $200,000 in liability coverage in order to maintain their licenses in good standing, and this insurance is designed to provide coverage to children who suffer Oklahoma daycare center injuries.

The Oklahoma personal injury lawyers at Atkins & Markoff hereby suggest to parents to be ever diligent in terms of their awareness of potential risks of injury or illness at daycare centers. According to statistics provided by the National Association of Childcare Resource & Referral Agencies, more than 175,000 children who are six years old and younger who need ongoing childcare.

About Atkins & Markoff

Atkins & Markoff, whose Web site is located at http://www.oklalawyer.com, is a law firm comprised of Oklahoma personal injury and trial lawyers who have been representing consumers and defending their legal rights for nearly 15 years. The firm handles legal matters that include Oklahoma auto accidents, class action lawsuits, child/daycare injuries, defective products, medical malpractice, general personal injury and workers’ compensation among other legal matters.

###

For the original version on PRWeb visit: http://www.prweb.com/releases/prweb2012/2/prweb9235375.htm


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A Personal Injury Law Firm Dedicated to Serving the Community - Sacramento Bee

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This section contains unedited press releases distributed by PR Newswire. These releases reflect the views of the issuing entity and are not reviewed or edited by the Sacramento Bee staff. More information on PR Newswire can be found on their web site. You can contact the service with questions or concerns here.

LOS ANGELES, March 13, 2012 --

LOS ANGELES, March 13, 2012 /PRNewswire/ -- It's impossible to overstate the importance of getting strong legal representation after sustaining an injury in an accident. You may be entitled to compensation from an insurance company, but that doesn't mean the insurance company is going to part with that money without a fight. If there is one piece of advice that you take with you, it is that you shouldn't trust the insurance companies to do the right thing. In addition, you shouldn't try to take them on without professional assistance. There are personal injury lawyers in Los Angeles who have dealt with these issues before, and oftentimes their involvement can make all the difference. One such personal injury law firm is the Law Offices of Burg and Brock, Inc., founded in 1996 by reputable personal injury lawyer Cameron Brock.

The Law Offices of Burg and Brock, Inc. have made a name for themselves as the premier source for experienced and knowledgeable personal injury attorneys in Los Angeles. This team of accomplished legal professionals has handled over 5,000 personal injury cases that cover issues ranging from wrongful death to motorcycle accidents, product liability, spinal injuries, burn injuries, dog bites, and so much more. They bring to the table a wealth of expertise that you will be hard-pressed to find anywhere else. There is no shortage of personal injury lawyers in Los Angeles to choose from, but it's obvious from the get-go that the lawyers at Burg and Brock hold themselves to a higher standard.

With a 98 percent success rate and over $100 million won on behalf of their clients, the Law Offices of Burg and Brock, Inc. have built a formidable reputation. You may assume that such a prestigious personal injury law firm is beyond your budget, but actually these personal injury attorneys in Los Angeles make their services available to people from every walk of life by working on a contingency basis, otherwise known as a NO RECOVERY, NO FEE basis. They don't ask their clients for a dime of compensation until they achieve a satisfactory verdict or settlement, and they have the resources to finance a lawsuit until the process is resolved.

To find out more about the Law Offices of Burg and Brock, Inc., and to schedule a FREE initial consultation with an accomplished personal injury lawyer, visit online at www.legaldefenders.com.

PR submitted by www.Cyberset.com

SOURCE Law Offices of Burg and Brock, Inc.

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Stolen Valor Act at Supreme Court: Is lying about being a hero a right?

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When Xavier Alvarez stood up and introduced himself at a local water district meeting in July 2007, he had no idea he was about to commit a federal crime.

“I’m a retired Marine of 25 years,” he told the other board members in Pomona, Calif. “I retired in the year 2001. Back in 1987, I was awarded the Congressional Medal of Honor. I got wounded many times by the same guy. I’m still around.”

In most social situations, such statements might elicit interested nods, admiring smiles, and perhaps heart-felt thanks for his brave service to the nation.

But it turns out Mr. Alvarez never served a day in the US military, had never been wounded, and – most important – was never awarded the Medal of Honor.

How much do you know about the US Constitution? A quiz.

After his false claim was exposed, the Federal Bureau of Investigation showed up. Alvarez was soon indicted for allegedly violating the Stolen Valor Act of 2005, a law that makes it a federal crime to falsely claim to have been awarded a military medal.

His lawyer attacked the indictment as a violation of the First Amendment, arguing that Americans have a free-speech right to make false and outrageous claims about themselves without facing criminal prosecution from a government truth squad.

A federal judge upheld the indictment, but a US appeals court panel reversed.

On Wednesday, Alvarez’s case arrives at the US Supreme Court, where the justices are being asked to decide whether the Stolen Valor Act is an unconstitutional regulation of free speech or an acceptable effort by the government to punish an alleged liar.

The high court has never directly addressed the issue of lying about military awards, and it is not clear how the justices may decide it.

The Supreme Court has recognized a number of categories of speech that are unworthy of full First Amendment protection. They include obscenity, libel and defamation, incitement to imminent harm, and fraud. In each of those areas the underlying speech causes a concrete injury.

Critics of the Stolen Valor Act say it requires no underlying injury. Any false statement claiming receipt of a medal may be punished. These critics suggest the best remedy for such false statements is not criminal punishment but more speech, particularly truthful speech to expose the lie.

The Obama administration is urging the court to uphold the restriction as a valid regulation of a discrete kind of false speech that lacks significant constitutional value.

Alvarez counters that the court has never before declared that such false statements are unworthy of constitutional protection. His lawyer says the government’s position marks a radical departure from free speech principles that could lead to sanctions against those who exaggerate, use hyperbole, or engage in satire.

“For good or bad, right or wrong, everyone lies. Xavier Alvarez is no exception. He told a bunch of whoppers,” wrote Alvarez’s lawyer, Deputy Federal Public Defender Jonathan Libby, in his brief to the court.

“Exaggerated anecdotes, barroom braggadocio, and cocktail party puffery have always been thought to be beyond the realm of government reach and to pass without fear of criminal punishment,” Mr. Libby said.

The US Solicitor General’s Office disagrees, arguing that the Stolen Valor Act is aimed at achieving an important government objective and that it is narrowly focused to achieve that objective.

“The government employs military honors to convey a message to the public that the recipient has been endorsed by the government as part of a select group,” Solicitor General Donald Verrilli wrote in his brief to the court. “The aggregate effect of false claims undermines that purpose … by diluting the medals’ message of prestige and honor.”

The law seeks to punish only those who knowingly make a false claim of having been awarded a medal, Mr. Verrilli said. A person is unlikely to make such a claim out of confusion or by mistake, he said.

“Content-based restrictions on false factual statements are consistent with the First Amendment if they are supported by a strong government interest and provide adequate ‘breathing space’ for fully protected speech,” Verrilli’s brief said.

Alvarez’s lawyer, Mr. Libby, openly admits his client is a liar. But he says Alvarez was pilloried in his community as an “idiot” and a “jerk” after his false statements were exposed.

Libby says Americans lie all the time in social situations and that if his client loses his case, the government may soon be investigating the veracity of a broader range of facetious statements.

“Xavier Alvarez lied. He lied when he claimed to have played professional hockey for the Detroit Red Wings. He lied when he claimed to be married to a Mexican starlet whose appearance in public caused paparazzi to swoon. He lied when he claimed to be an engineer. He lied when he claimed to have rescued the American ambassador during the Iranian hostage crisis, and when he said that he was shot going back to grab the American flag,” Libby said in his brief.

What’s the harm, Libby asked in his brief. There is no evidence that anyone relied on Alvarez’s false claims about hockey or military heroics.

“The government’s interest in protecting the reputation of military medals is legitimate, but not compelling,” Libby said. “False claimants cannot tarnish the reputation of medal winners.”

“The government seeks to create a new test – completely unmoored from this court’s precedents,” Libby said.

“Falsehoods are valuable for innumerable reasons: in refining truth, in expressing personal autonomy, and in greasing the wheels of social interaction,” Libby said. “More than that, there is a realm of harmless prattle and puffery generally considered beyond government control.”

How much do you know about the US Constitution? A quiz.

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Goldberg Segalla Announces International Expansion With Opening of London Office Led by Clive O'Connell

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NEW YORK, March 13, 2012 /PRNewswire/ -- Goldberg Segalla is pleased to announce the law firm will expand internationally with the opening of an office in London led by leading reinsurance solicitor Clive O'Connell. The office will open in April 2012 and will be located in the heart of London's finance and insurance district at No. 1 Cornhill across from the Royal Exchange. The London expansion and addition of Mr. O'Connell closely follows former New York State Superintendent of Insurance James J. Wrynn joining the firm as head of its Manhattan office and regulatory compliance practice.

Mr. O'Connell is the former head of the Commercial Risk and Reinsurance Department at Barlow Lyde & Gilbert LLP in London. He is recognized as one of the world's leading insurance and reinsurance legal professionals in all major international legal ranking directories, including Chambers and Partners, Legal 500, Euromoney Expert Guides, Who's Who Legal, The International Who's Who of Insurance & Reinsurance Lawyers, and others. The Chambers and Partners directory has noted, "Clive O'Connell is deemed a formidable reinsurance lawyer by market sources." In 2011, Legal 500 called him "one of the best reinsurance lawyers in London."

"Adding Clive O'Connell to our Global Insurance Services team significantly enhances our Best Practices, client-driven service model," said Daniel W. Gerber, Co-Chair of Goldberg Segalla's Global Insurance Services Practice Group. "Our clients will greatly benefit from Clive's talents, experience, and unparalleled understanding of the complex global insurance and reinsurance markets. We are thrilled to welcome him to a growing team."

"I am excited to join the talented professionals at Goldberg Segalla," Mr. O'Connell said. "This forward-thinking firm takes great pride not only in being a premier law firm serving international markets, but also in achieving that status through hard work and putting the needs of its clients above all else. Goldberg Segalla's ethos is one of innovation, superior service, and collaboration amongst its lawyers and across its offices and practice groups. I look forward to contributing to the success of the firm and its international client base in the insurance and reinsurance industry."

Mr. O'Connell's experience includes representing clients in some of the world's largest reinsurance disputes in recent years. He has acted for clients on wording both of their general programs as well as unique transactions. He has also been involved in every aspect of run-off and exit strategies for reinsurers and insurers.

Mr. O'Connell has acted for clients in disputes in a variety of forums including the Commercial Court and arbitration in England, the federal and state courts and arbitration in the United States, the Commercial Court and arbitration in France, as well as other jurisdictions such as Bermuda, Jamaica, Switzerland, Sweden, and Hong Kong. He is currently General Counsel of the International Insurance Society, and is a regular presenter at meetings of the International Association of Claims Professionals. Since 2005, he has been the Legal Correspondent of The Review - Worldwide Reinsurance magazine. Mr. O'Connell writes regularly for publications including Insurance Day, Reactions, and Global Reinsurance. He is a contributor to Reinsurance Practice and the Law and an author of a chapter on legal issues for Alternative Risk Strategies. He has served for several years on the panel deciding Reactions Magazine's London Market Awards.

About Goldberg Segalla

Goldberg Segalla is an AV-rated, Best Practices law firm more than 140 lawyers strong, with offices in New York (New York, Garden City, White Plains, Albany, Syracuse, Rochester, and Buffalo), New Jersey (Princeton), Pennsylvania (Philadelphia), Connecticut (Hartford), and Europe (London). The firm represents and acts for clients in litigated and non-litigated matters in areas such as insurance coverage, bad faith, reinsurance, policy wording, insurance regulatory and market conduct, captive risk programs, commercial and business litigation, professional liability, catastrophic personal injury, products liability, fire and arson, drug and medical device, environmental, intellectual property, construction defect, labor and employment, trucking and transportation, and municipal liability. Additional information about the firm can be found at www.GoldbergSegalla.com.


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Like, Follow or Friend the IRS (Really)

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Image via Facebook

I suppose it’s unlikely most taxpayers will consider the IRS their friend, especially now that the IRS uses social media in its collection efforts! See?IRS Looks for Tax Deadbeats’ Facebook and Myspace Profiles.?Sure, you might want to be Facebook friends with?Justin Bieber,?Kim Kardashian or?Lady Gaga, but should you friend the IRS? Or follow the IRS on Twitter?

Probably, though I personally still hope carbon paper and IBM typewriters will make a comeback. Besides, it might seem that you want as little contact with the IRS as possible. Just getting snail mail from the IRS can be frightening.?See?Received An IRS Notice? 10 Simple Tips.

But you may want to?Think Different. After all, the IRS?has rolled out an updated smartphone app cleverly called: IRS2GO 2.0. See New IRS2Go Offers Three More Features. Announced in 2011, the first version IRS app had 350,000 downloads.

But the IRS expects a virtually viral reception this time. As IRS Commissioner Shulman says, “The new smartphone app provides an easy way for people to get helpful information about their taxes. IRS2GO reflects a wider commitment at the IRS to find innovative ways to serve taxpayers in a rapidly changing world.”

Image via javelinstrategy.com

The IRS smartphone app seems easy to use and has helpful content. Look for these?five channels of fun:

YouTube — The IRS’s videos have over 2.2 million hits on YouTube. See ‘Friending’ The IRS. The smartphone app includes links to many short YouTube videos with titles such as:

Tax Tips: Taxable and Non-Taxable Income;Tax Tips: When Will I Get My Refund;Healthcare: Small Business Healthcare Tax Credit;?andFree Help Preparing Your Tax Return.

News — The IRS frequently produces news releases. These news items may be viewed on iPhones and Android phones.

Get My Tax Record — By entering your Social Security Number and other identifying information, you can access to your personal tax records.

Get My Refund Status —?You can also?find out where your refund stands.

Follow?the IRS — Yup, you can follow the IRS on Twitter.

Will I use IRS2GO? Probably not this year, but I do use the IRS website all the time.?See Don’t Miss The IRS Website. If?I were more tech savvy and more mobile, I would use?IRS2GO. If you’re a smartphone user, check it out.


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People Who Lie About Military Medals Could Start Getting Into A Whole Lot Of Trouble

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AppId is over the quota

When Xavier Alvarez stood up and introduced himself at a local

water district meeting in July 2007, he had no idea he was about to commit a federal crime.

“I’m a retired Marine of 25 years,” he told the other board members in Pomona,?Calif.?“I retired in the year 2001. Back in 1987, I was awarded the?Congressional Medal of Honor. I got wounded many times by the same guy. I’m still around.”

In most social situations, such statements might elicit interested nods, admiring smiles, and perhaps heart-felt thanks for his brave service to the nation.

But it turns out Mr. Alvarez never served a day in the?US military, had never been wounded, and – most important – was never awarded the Medal of Honor.

After his false claim was exposed, the?Federal Bureau of Investigation?showed up. Alvarez was soon indicted for allegedly violating the?Stolen Valor Act of 2005, a law that makes it a federal crime to falsely claim to have been awarded a military medal.

His lawyer attacked the indictment as a violation of the?First Amendment, arguing that Americans have a free-speech right to make false and outrageous claims about themselves without facing criminal prosecution from a government truth squad.

A federal judge upheld the indictment, but a US appeals court panel reversed.

On Wednesday, Alvarez’s case arrives at the?US Supreme Court, where the justices are being asked to decide whether the Stolen Valor Act is an unconstitutional regulation of free speech or an acceptable effort by the government to punish an alleged liar.

The high court has never directly addressed the issue of lying about military awards, and it is not clear how the justices may decide it.

The Supreme Court has recognized a number of categories of speech that are unworthy of full First Amendment protection. They include obscenity, libel and defamation, incitement to imminent harm, and fraud. In each of those areas the underlying speech causes a concrete injury.

Critics of the Stolen Valor Act say it requires no underlying injury. Any false statement claiming receipt of a medal may be punished. These critics suggest the best remedy for such false statements is not criminal punishment but more speech, particularly truthful speech to expose the lie.

The?Obama administration?is urging the court to uphold the restriction as a valid regulation of a discrete kind of false speech that lacks significant constitutional value.

Alvarez counters that the court has never before declared that such false statements are unworthy of constitutional protection. His lawyer says the government’s position marks a radical departure from free speech principles that could lead to sanctions against those who exaggerate, use hyperbole, or engage in satire.

“For good or bad, right or wrong, everyone lies. Xavier Alvarez is no exception. He told a bunch of whoppers,” wrote Alvarez’s lawyer, Deputy Federal Public Defender Jonathan Libby, in his brief to the court.

“Exaggerated anecdotes, barroom braggadocio, and cocktail party puffery have always been thought to be beyond the realm of government reach and to pass without fear of criminal punishment,” Mr. Libby said.

The US Solicitor General’s Office disagrees, arguing that the Stolen Valor Act is aimed at achieving an important government objective and that it is narrowly focused to achieve that objective.

“The government employs military honors to convey a message to the public that the recipient has been endorsed by the government as part of a select group,”Solicitor General Donald Verrilli?wrote in his brief to the court. “The aggregate effect of false claims undermines that purpose … by diluting the medals’ message of prestige and honor.”

The law seeks to punish only those who knowingly make a false claim of having been awarded a medal, Mr. Verrilli said. A person is unlikely to make such a claim out of confusion or by mistake, he said.

“Content-based restrictions on false factual statements are consistent with the First Amendment if they are supported by a strong government interest and provide adequate ‘breathing space’ for fully protected speech,” Verrilli’s brief said.

Alvarez’s lawyer, Mr. Libby, openly admits his client is a liar. But he says Alvarez was pilloried in his community as an “idiot” and a “jerk” after his false statements were exposed.

Libby says Americans lie all the time in social situations and that if his client loses his case, the government may soon be investigating the veracity of a broader range of facetious statements.

“Xavier Alvarez lied. He lied when he claimed to have played professional hockey for the?Detroit Red Wings. He lied when he claimed to be married to a Mexican starlet whose appearance in public caused paparazzi to swoon. He lied when he claimed to be an engineer. He lied when he claimed to have rescued the American ambassador during the Iranian hostage crisis, and when he said that he was shot going back to grab the American flag,” Libby said in his brief.

What’s the harm, Libby asked in his brief. There is no evidence that anyone relied on Alvarez’s false claims about hockey or military heroics.

“The government’s interest in protecting the reputation of military medals is legitimate, but not compelling,” Libby said. “False claimants cannot tarnish the reputation of medal winners.”

“The government seeks to create a new test – completely un moored from this court’s precedents,” Libby said.

“Falsehoods are valuable for innumerable reasons: in refining truth, in expressing personal autonomy, and in greasing the wheels of social interaction,” Libby said. “More than that, there is a realm of harmless prattle and puffery generally considered beyond government control.”


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Tax Tips On Tips From Mario Batali

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Image via mariobatali.com

Celebrity chef turned talk show host Mario Batali has been in pasta-hot water up to his orange Crocs, but not for over-salting the water or undercooking the pesto.?Nope, the primavera scandal was over allegations he illegally confiscated tips from his employees.?Talk about eating off of someone else’s plate!

According to a lawsuit brought by over 1,000 employees, Batali and business partner Joseph Bastianich skimmed tips, confiscating 4 to 5% of all tips made from wine sales. This Batali-sized share of the tip money was supposed to go to “wine research” and to replace broken glasses. See Batali Agrees to $5.25M Server-Tip Suit Accord.?Sounds logical perhaps, especially in the chef-eat-chef world of competitive dining.

However, the suit claims the tip jar just went into Batali’s bloated pockets. What a croc!?Smoothing it out like warm chocolate sauce, Batali agreed to pay $5.25 million to settle the suit.

Talking of tips raises both employment and tax rules, so here are 10 tips about tips:

Tips Belong to the Employee. Tips are to be retained by the employee and can’t be taken by the employer.?But see #2 below.Tip Pooling is Allowed.?Employees who regularly receive tips (waiters, bartenders and bus boys) can pool their tips. Chefs, dishwashers and management cannot.Service Charges Aren’t Tips. Chefs, dishwashers and management can only receive a portion of mandatory service charges. These are not considered tips so can be distributed as the employer sees fit.Tips are Taxable. Employees must claim all tips as income. This includes tips the employer pays over to employees for charge customers and tips employees received directly from customers.They’re Wages.?Even though employees receive tips from customers, they are generally subject to withholding by the employer.Employees Must Report. Employees report tip income on Form 4070, Employee’s Report of Tips to Employer. This signed report, due the 10th of the month after the tips are received shows:

?? Employee’s name, address, and Social Security number;

?? Employer’s name and address;

?? The month or period; and

?? Total tips received. (No report is required for months when tips are less than?$20.)

Employer Reporting. Employers must collect income tax, employee Social Security tax and employee Medicare tax on tips reported by employees. See Failing To Pay Employment Taxes Means Personal Liability. The employer can collect these taxes from an employee’s wages (withhold excess amounts from wages to allow for the tips).Allocation of Tips.?Employers must ensure total tip income reported is at least 8% of total receipts for that pay period. If not, the employer allocates the difference between actual tip income reported and 8% of gross receipts.IRS Form W-2. The amount of tip income allocated to each employee is shown in box 8 of their?Form W-2 for the year.Tip Reporting.?Employers operating large food or beverage establishments must file Form 8027,?Employer’s Annual Information Return of Tip Income and Allocated Tips, to report employee tips.

For more, see:

Batali Settles Wage Lawsuit for $5 Million

Tax Tips -Restaurant

Employee Benefits – Restaurant Tax Tips

IRS Publication 1244, Employee’s Daily Record of Tips and Report to Employer

Employers Who Violate Tax Law May Go To Jail

IRS Nightmare: What Employment Taxes?


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In Stolen Valor Act Case, Supreme Court Debates When Lies Can Be Crimes

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WASHINGTON -- The Supreme Court on Wednesday morning appeared divided over whether to strike down a federal law that makes it a crime for a person to lie about receiving military honors.

In 2007, Xavier Alvarez, an elected member of a Los Angeles-area water board, introduced himself at a public meeting as a retired Marine. "Back in 1987, I was awarded the Congressional Medal of Honor," he added for the record. Both statements were lies -- and the latter he would find out, when the FBI came looking for him, had recently been made a federal crime.

The Stolen Valor Act, passed by Congress in 2006, states that "whoever falsely represents himself or herself, verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States ... shall be fined under this title, imprisoned not more than six months, or both." Alvarez would become the first person convicted under the act.

He appealed his conviction on the ground that the Stolen Valor Act violates the First Amendment protections for free speech. The U.S. Court of Appeals for the 9th Circuit in 2010 agreed, reversing the lower court and striking down the act. Since the Supreme Court consented to hear United States v. Alvarez this past fall, another appeals court has upheld the act, creating a split among the circuits.

Solicitor General Donald Verrilli, arguing on behalf of the Obama administration, told the justices on Wednesday that the 9th Circuit's fears of a society where any knowing falsehood could be criminalized were unfounded. The Stolen Valor Act prohibits only a "carefully limited and narrowly drawn category of calculated factual falsehoods" regarding military honors, Verrilli said at the start of his presentation.

Justice Sonia Sotomayor then wondered about a hypothetical Vietnam War protester who holds up a sign that reads, "I won a Purple Heart -- for killing babies." If the protester knew his statement to be false, Sotomayor asked, "Is that person, if he's not a veteran having received the medal, is he liable under this act?"

If a reasonable observer would see the sign as "political theater," Verrilli answered, then "it's not within the scope of the statute, and it wouldn't be subject to liability."

But, Verrilli continued, "this Court has said in numerous contexts, numerous contexts, that the calculated factual falsehood has no First Amendment value for its own sake."

"It has said it often, but always in context where it is well understood that speech can injure," responded Justice Anthony Kennedy, pointing to defamation and fraud actions. "I think it's a sweeping proposition to say that there's no value to falsity," he went on. "Falsity is a way in which we contrast what is false and what is true."

But Alvarez's lies and others implicated under the Stolen Valor Act do cause injury, Justice Antonin Scalia said. "[T]here's harm to those courageous men and women who receive the decorations," said Scalia. "Their service is demeaned when everybody says, 'I served in the armed forces.'"

Sotomayor disagreed. "[Y]ou can't really believe that a war veteran thinks less of the medal that he or she receives because someone's claiming fraudulently that they got one," she said. "They don't think less of the medal. We're reacting to the fact that we're offended by the thought that someone's claiming an honor they didn't receive."

"So outside of the emotional reaction, where's the harm?" she asked. "And I'm not minimizing it. I, too, take offense when people make these kinds of claims, but I take offense when someone I'm dating makes a claim that's not true."

Throughout Verrilli's presentation, Scalia seemed to be the lone unambiguous supporter of the Stolen Valor Act, going so far as to declare flatly, "I believe that there is no First Amendment value in falsehood." The justice's clear intent to uphold the act comes in some contrast to his votes in recent years to strike down, on First Amendment grounds, a federal ban on dogfighting videos, a California ban on the sale of violent video games and a jury verdict against funeral picketers. Scalia's son Matthew served with the U.S. Army in Iraq.

But whatever lead Alvarez had at the end of the solicitor general's argument disappeared when his lawyer, Jonathan Libby, took to the lectern. Chief Justice John Roberts, who had earlier pushed Verrilli on whether Congress could criminalize lying about obtaining a high school diploma, jumped all over Libby, a deputy federal public defender in California.

"What is the First Amendment value in a lie, pure lie?" asked Roberts.

The question, which came less than a minute into Libby's argument, seemed to knock him off balance. "Just a pure lie? There can be a number of values," he answered. "There is the value of personal autonomy."

"The value of what?" said Roberts.

"Personal autonomy," Libby repeated.

"What does that mean?" pressed the chief.

"Well, that we get to, we get to exaggerate and create ... ," Libby tried to answer.

"No, not exaggerate, lie," Roberts corrected him.

Libby offered up Samuel Clemens' use of the pen name Mark Twain as one such "persona" that is really just a lie about one's personal story and identity.

"Well, but that was for literary purposes," retorted Roberts.

Justice Samuel Alito was similarly incredulous, asking, "Do you really think that there is First Amendment value in a bald-faced lie about a purely factual statement that a person makes about himself because that person would like to create a particular persona?"

"Yes, Your Honor, so long as it doesn't cause imminent harm to another person or imminent harm to a government function," Libby said.

Some minutes later, Kennedy, who had seemed very much on Libby's side in the first half of the argument, appeared to fall off the bandwagon. "[I]t's a matter of common sense that it seems to me that [lying about receiving a military honor] demeans the medal," he said.

But it was Justice Elena Kagan who may have delivered the knockout blow to Libby, even if most of her questions leaned toward his case. "What truthful speech will this statute chill?" she asked.

"Your Honor, it's not that it may necessarily chill any truthful speech," Libby said. "We certainly concede that one typically knows whether or not one has won a medal or not."

"So, boy, I mean, that's a big concession, Mr. Libby," Kagan replied.

On rebuttal, the solicitor general made the most of that concession, but not before Kagan gave him a hard time, too. She asked if the government can criminalize deliberate falsehoods about extramarital affairs if the law is drawn narrowly and specifically enough. "The government has a strong interest in the sanctity of the family, the stability of the family, so we're going to prevent everybody from telling lies about their extramarital affairs," she hypothesized.

"That's a hard case," Verrilli admitted, before facing an additional flurry of questions from Sotomayor and Justice Stephen Breyer suggesting their belief that upholding the Stolen Valor Act would lead to laws that chilled speech clearly protected by the First Amendment.

To dispel that concern, Verrilli said, they need look no further than Libby's admission just moments earlier. The defendant's own lawyer, the solicitor general said, "conceded that this statute chills nothing."

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Lawyer prepares to meet Afghan killings suspect

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SEATTLE (AP) — A Seattle defense attorney prepared to meet Monday with Army Staff Sgt. Robert Bales, who is facing formal charges in an attack on two slumbering Afghan villages that left 16 people dead, including nine children.

John Henry Browne flew to Kansas Sunday ahead of his first face-to-face meeting with the 10-year Army veteran, who is being held in an isolated cell at Fort Leavenworth's military prison.

Fort Leavenworth spokeswoman Rebecca Steed said Bales would be able to meet Browne in what is described as a privileged visit. Along with medical visits, such meetings are generally more private than others conducted in the prison.

Bales, 38, hasn't been charged in the March 11 shootings, which have endangered relations between the U.S. and Afghanistan and threaten to upend U.S. policy over the decade-old war.

But formal charges are expected to be filed within a week and if the case goes to court the trial will be held in the United States, said a legal expert with the U.S. military familiar with the investigation.

That expert said charges were still being decided and that the location for any trial had not yet been determined. If the suspect is brought to trial, it is possible that Afghan witnesses and victims would be flown to the United States to participate, he said.

Military lawyers say once attorneys involved in the initial investigation of an alleged crime involving a service member have what they believe to be a solid understanding of what happened and are satisfied with the evidence collected, they draft charges and present them to a commander. That person then makes a judgment on whether there is probable cause to believe that an offense was committed and that the accused committed it.

That commander then "prefers" the charges to a convening authority, who typically is the commander of the brigade to which the accused is assigned but could be of higher rank.

Bales' defense team said in a statement late Saturday that "it is too early to determine what factors may have played into this incident and the defense team looks forward to reviewing the evidence, examining all of Sergeant Bales' medical and personnel records, and interviewing witnesses."

The lawyers' statement also said Bales' family was "stunned in the face of this tragedy, but they stand behind the man they know as a devoted husband, father and dedicated member of the armed services."

Military officials have said that Bales, after drinking on a southern Afghanistan base, crept away March 11 to two villages overnight, shooting his victims and setting many of them on fire. Nine of the 16 killed were children and 11 belonged to one family.

Court records and interviews in recent days have revealed that Bales had a string of commendations for good conduct after four tours in Iraq and Afghanistan. But he also faced a number of troubles in recent years: a Florida investment job went sour, his Seattle-area home was condemned as he struggled to make payments on another, and he failed to get a recent promotion.

Legal troubles included charges that he assaulted a girlfriend and, in a hit-and run accident, ran bleeding in military clothes into the woods, court records show. He told police he fell asleep at the wheel and paid a fine to get the charges dismissed, the records show.

Browne, 65, has represented clients ranging from serial killer Ted Bundy to Colton Harris-Moore, known as the "Barefoot Bandit." He has said he has handled only three or four military cases. Bales will also have at least one military lawyer.

Tall and stylish, Browne has been a prominent figure in Washington state legal circles since the 1970s, known equally for his zeal in representing his clients and his flair before television cameras.

_____

Also contributing were Associated Press writers Manuel Valdes in Seattle, John Milburn in Topeka, Kan., and Deb Riechmann in Kabul, Afghanistan.


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Lawyer for Afghan killings suspect to visit him

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AppId is over the quota
SEATTLE (AP) — With formal charges looming against his client within days, the lawyer for an Army sergeant suspected in the horrific nighttime slaughter of 16 Afghan villagers flew to Kansas and was preparing for his first face-to-face meeting with the 10-year veteran.

John Henry Browne of Seattle said he planned to meet Monday with Army Staff Sgt. Robert Bales, who is being held in an isolated cell at Fort Leavenworth's military prison.

Bales, 38, hasn't been charged in the March 11 shootings, which have endangered relations between the U.S. and Afghanistan and threaten to upend U.S. policy over the decade-old war. But formal charges are expected to be filed within a week and if the case goes to court the trial will be held in the United States, said a legal expert with the U.S. military familiar with the investigation.

That expert said charges were still being decided and that the location for any trial had not yet been determined. If the suspect is brought to trial, it is possible that Afghan witnesses and victims would be flown to the United States to participate, he said.

Military lawyers say once attorneys involved in the initial investigation of an alleged crime involving a service member have what they believe to be a solid understanding of what happened and are satisfied with the evidence collected, they draft charges and present them to a commander. That person then makes a judgment on whether there is probable cause to believe that an offense was committed and that the accused committed it.

That commander then "prefers" the charges to a convening authority, who typically is the commander of the brigade to which the accused is assigned but could be of higher rank.

Bales' defense team said in a statement late Saturday that "it is too early to determine what factors may have played into this incident and the defense team looks forward to reviewing the evidence, examining all of Sergeant Bales' medical and personnel records, and interviewing witnesses."

The lawyers' statement also said Bales' family was "stunned in the face of this tragedy, but they stand behind the man they know as a devoted husband, father and dedicated member of the armed services."

Military officials have said that Bales, after drinking on a southern Afghanistan base, crept away March 11 to two slumbering villages overnight, shooting his victims and setting many of them on fire. Nine of the 16 killed were children and 11 belonged to one family.

Court records and interviews in recent days have revealed that Bales had a string of commendations for good conduct after four tours in Iraq and Afghanistan. But he also faced a number of troubles in recent years: a Florida investment job went sour, his Seattle-area home was condemned as he struggled to make payments on another, and he failed to get a recent promotion.

Legal troubles included charges that he assaulted a girlfriend and, in a hit-and run accident, ran bleeding in military clothes into the woods, court records show. He told police he fell asleep at the wheel and paid a fine to get the charges dismissed, the records show.

Rebecca Steed, spokeswoman at Fort Leavenworth, said Bales would be able to meet with Browne in what is described as a privileged visit. Along with medical visits, such meetings are generally more private than others conducted in the prison.

Browne, 65, has represented clients ranging from serial killer Ted Bundy to Colton Harris-Moore, known as the "Barefoot Bandit." He has said he has handled only three or four military cases. Bales will also have at least one military lawyer.

Tall and stylish, Browne has been a prominent figure in Washington state legal circles since the 1970s, known equally for his zeal in representing his clients and his flair before television cameras.

_____

Also contributing were Associated Press writers Manuel Valdes in Seattle, John Milburn in Topeka, Kan., and Deb Riechmann in Kabul, Afghanistan.


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Lawyer on way to meet Afghan suspect

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AppId is over the quota

The lawyer for a US Army sergeant suspected in the slaughter of 16 Afghan villagers is flying to Kansas to meet with his client as formal charges against the 10-year veteran loom within days.

John Henry Browne of Seattle said he plans to meet on Monday with Army Staff Sergeant Robert Bales, who is being held in an isolated cell at the maximum security military prison in Fort Leavenworth, Kansas.

Charges against Bales, 38, are expected to be filed within a week and if the case goes to court the trial will be held in the United States, said a legal expert with the US military familiar with the investigation.

That expert said charges were still being decided and that the location for any trial had not yet been determined. If the suspect is brought to trial, it is possible that Afghan witnesses and victims would be flown to the United States to participate, he said.

Military lawyers say once lawyers involved in the initial investigation of an alleged crime involving a service member have what they believe to be a solid understanding of what happened and are satisfied with the evidence collected, they draft charges and present them to a commander. That person then makes a judgment on whether there is probable cause to believe that an offence was committed and that the accused committed it.

That commander then 'prefers' the charges to a convening authority, who typically is the commander of the brigade to which the accused is assigned but could be of higher rank.

Records and interviews have revealed Bales as a man appreciated by friends and family who won military commendations. Yet he also faced professional disappointment, financial trouble and brushes with the law.

According to details from interviews, Bales was bypassed for promotion, struggled to pay for his house and eyed a way out of his job at a Washington state military base months before he was accused of the killings in two Afghanistan villages.

While Bales sat in an isolated cell, classmates and neighbours from a suburb of Cincinnati, Ohio remembered him as a 'happy-go-lucky' high school football player who took care of a special needs child and watched out for troublemakers in the neighbourhood.

But court records and interviews show that the 10-year veteran - with a string of commendations for good conduct after four tours in Iraq and Afghanistan - had joined the army after a Florida investment job went sour, had a Seattle-area home condemned, struggled to make payments on another and failed to get a promotion or a transfer a year ago.

His legal troubles included charges that he assaulted a girlfriend and, in a hit-and run accident, ran bleeding in military clothes into the woods, court records show. He told police he fell asleep at the wheel and paid a fine to get the charges dismissed, the records show.

Military officials say that after drinking on a southern Afghanistan base, Bales crept away on March 11 to two sleeping villages, shooting his victims and setting many of them on fire. Nine of the 16 killed were children and 11 belonged to one family.

'This is some crazy stuff if it's true,' Steve Berling, a high school classmate, said of the revelations about the father of two known as 'Bobby' in his hometown of Norwood, Ohio.

His former platoon leader said Bales was a model soldier inspired by the September 11, 2001 terrorist attacks to serve, who saved lives in firefights on his second of three Iraq deployments.

'He's one of the best guys I ever worked with,' said Army Captain Chris Alexander, who led Bales on a 15-month deployment in Iraq.

'He is not some psychopath. He's an outstanding soldier who has given a lot for this country.'

But pressing family troubles were hinted at by his wife, Kari, on multiple blogs posted with names like The Bales Family Adventures and BabyBales. A year ago, she wrote that Bales was hoping for a promotion or a transfer after nine years stationed at Joint Base Lewis-McChord outside Tacoma, Washington.

'We are hoping to have as much control as possible' over the future, Kari Bales wrote last March 25. 'Who knows where we will end up. I just hope that we are able to rent our house so that we can keep it. I think we are both still in shock.'

After Bales lost out on a promotion to E7 - a sergeant first-class - the family hoped to go to either Germany, Italy or Hawaii for an 'adventure', she said. Instead the army redeployed his unit - the 2nd Infantry Division of the 3rd Stryker Brigade, named after armoured Stryker vehicles - to Afghanistan.

It would be Bales' fourth tour in a war zone. He joined the military two months after the September 11 attacks and spent more than three years in Iraq during three separate assignments since 2003. His lawyer said he was injured twice in Iraq - once losing part of his foot - but his 20 or so commendations do not include the Purple Heart, given to soldiers wounded in combat.

Alexander said Bales wasn't injured while he oversaw him during their deployment - Bales' second in Iraq. He called Bales a 'very solid' non-commissioned officer who didn't have more difficulty than his fellow soldiers with battlefield stress. Bales shot at a man aiming a rocket-propelled grenade at his platoon's vehicle in Mosul, Iraq, sending the grenade flying over the vehicle.


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Counsel: Afghanistan Suspect was reluctant to deploy

THE U.S. soldier accused of Afghan villagers slaughter 16 last weekend saw the legs of his friend away on the eve of the rampage, his lawyer said Thursday.

Attorney of Seattle John Henry Browne told the Associated Press that family of his client provides the details of the injury of another U.S. soldier. The details have not been verified independently.

"His leg was won, and my client was standing next to him," said.

Browne, said that the incident has affected all the soldiers at the base. It is not clear whether the incident would have could help prompt the horrific middle-of-the-night attack on civilians in two villages Sunday.

The suspect had been wounded twice in his three previous deployments to the Iraq, and he was not prepared to go to the Afghanistan, said Browne.

Browne declined to release the name of his client, citing concerns for the family of the man, who is under the protection of Joint Base of Lewis-McChord near Tacoma. But he said that the soldier had two young children, aged 3 and 4.

The 38-year-old soldier father of two who is originally from the Midwest, deployed last December with the 3rd Brigade of Stryker and February 1 has been attached to a "stability village operation." Browne described as highly decorated and said once, he had been appointed to a Bronze Star, which he has not received.

John Henry BrowneFILE - photo file 16 December 2011, the Attorney John Henry Browne, representative of Colton Harris-Moore, who is also known as the "barefoot Bandit", appears in the island of County Court superior to Coupeville, Wash. Browne, said Thursday, March 15, 2012 and that he is asked to represent the American soldier accused of killing 16 civilians in Afghanistan. (AP Photo/Ted s. Warren, file) Close

But he said that the soldier and his family thought he was fighting. At tours in Iraq, the soldier suffered head trauma concussion in a car accident caused by a bomb, Browne said, and he suffered an injury in the battle which resulted in surgery to remove part of his foot.

It was screened by health officials after the prior head injury he redeployed, said Browne. He did not know whether his client had been achieved of post traumatic stress disorder, but said that it could be in the trial, if the experts believe that it is relevant.

He and the rest of his brigade had initially said that they would not have to go to Afghanistan, said Browne.

Browne and his co-counsel, Emma Scanlan, said they had met with the wife of soldier and other members of the family and Browne said that he spoke briefly by telephone with the soldier, that he described as stunned and distant.

His family was "completely surprised", he said. "He has never said anything antagonists on Muslims." It is usually very light-maniéré. ?

Browne said that he knew little of the facts of the shooting, but dispute reports that a combination of alcohol, stress and domestic problems caused him to snap. He said that the family said that they were not aware of any problem with alcohol and describes the marriage of the couple as "fabulous".

The soldier is accused of going on a shooting rampage in the villages near his base in the South of the Afghanistan in the early Sunday, killing nine children and seven other civil and then burn some of their organs. The shooting, which was followed by an incident controversial to the Qur'an involving us troops, has outraged the Afghan officials.

The suspect flew out the Afghanistan, Wednesday night, in what officials describe as a provisional containment at the Kuwait facility. Officials anonymously described as a father of two children who was in the army for 11 years. He served three tours in Iraq and started its first deployment to Afghanistan in December.

The soldier requested to be represented by Browne, a well known Seattle defence counsel, when he was placed in detention, said the lawyer.


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Lawyer for Afghan suspect to visit with him Monday

AppId is over the quota
AppId is over the quota
SEATTLE (AP) — With formal charges looming against his client within days, the lawyer for an Army sergeant suspected in the horrific nighttime slaughter of 16 Afghan villagers was flying Sunday to Kansas and getting ready to meet for the first time with the 10-year veteran.

John Henry Browne of Seattle said he planned to meet Monday with Army Staff Sgt. Robert Bales, who is being held in an isolated cell at Fort Leavenworth's military prison.

Charges against Bales, 38, are expected to be filed within a week and if the case goes to court the trial will be held in the United States, said a legal expert with the U.S. military familiar with the investigation.

That expert said charges were still being decided and that the location for any trial had not yet been determined. If the suspect is brought to trial, it is possible that Afghan witnesses and victims would be flown to the United States to participate, he said.

Military lawyers say once attorneys involved in the initial investigation of an alleged crime involving a service member have what they believe to be a solid understanding of what happened and are satisfied with the evidence collected, they draft charges and present them to a commander. That person then makes a judgment on whether there is probable cause to believe that an offense was committed and that the accused committed it.

That commander then "prefers" the charges to a convening authority, who typically is the commander of the brigade to which the accused is assigned but could be of higher rank.

Military officials have said that Bales, after drinking on a southern Afghanistan base on March 11, crept away to two slumbering villages overnight, shooting his victims and setting many of them on fire. Nine of the 16 killed were children and 11 belonged to one family.

Court records and interviews in recent days have revealed that Bales had a string of commendations for good conduct after four tours in Iraq and Afghanistan. But he also faced a number of troubles in the last several years: a Florida investment job went sour, he had a Seattle-area home condemned as he struggled to make payments on another, and he failed to get a recent promotion.

Legal troubles included charges that he assaulted a girlfriend and, in a hit-and run accident, ran bleeding in military clothes into the woods, court records show. He told police he fell asleep at the wheel and paid a fine to get the charges dismissed, the records show.

Browne, 65, has represented clients ranging from serial killer Ted Bundy to Colton Harris-Moore, known as the "Barefoot Bandit." He has said he has only handled three or four military cases. Bales will also have at least one military lawyer.

Tall and stylish, Browne has been a prominent figure in Washington state legal circles since the 1970s, known equally for his zeal in representing his clients and his flair before television cameras.

_____

Also contributing were Associated Press writer Deb Riechmann in Kabul, Afghanistan.


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Lawyer to visit Afghan Murder Suspect

With the imminent formal charges against his client in the days, counsel for a sergeant in the army suspected the horrible night massacre of 16 Afghan villagers flew in Kansas and was preparing for his first meeting in the face to face with the veteran of 10 years.

John Henry Browne of Seattle said he planned to meet Monday Army Staff Sgt. Robert Bales, who is detained in a cell isolated in Fort Leavenworth military prison.

Balls, 38 years old, has not been charged in the shooting on March 11, has been infringed in relations between the United States and the Afghanistan, who threatens to return the policy of the United States in the war of ten years. But the formal charges are expected to be filed in a week and if the case is brought to trial will be held in the United States, said a legal expert with the U.S. military familiar to the investigation.

That fresh said experts were still to be decided and that the location of any trial had not yet been determined. If the suspect is presented at trial, it is possible that the victims and the Afghan witnesses would be raised to the United States to participate, he said.

Military lawyers say once prosecutors involved in the initial investigation of an alleged crime involving a member of the service have what they think to be a solid understanding of what has happened and are satisfied with the evidence collected, they loads project and present it to a commander. This person then makes a judgment on if there is probable cause to believe that an offence has been committed and that the accused committed it.

The Commander then "prefer" the charges to the convening authority, which generally is the Commander of the brigade to which the accused is assigned, but may be of a higher rank.

Bullets team said in a statement late Saturday that "" it is too early to determine what factors have played in this incident and the defence team is pleased to review of the evidence, examine all the medical records and staff sergeant balls and question witnesses. ""

Statement of the lawyers' said also family of the bullets was "surprised by this tragedy, but they stand behind the man they know as a devoted husband, father and the dedicated Army Member.".

Military authorities reported that balls, after drinking on a base in the South of the Afghanistan, slipped away March 11 to two villages fell asleep during the night, shooting his victims and many of them fire. Nine of the 16 killed were children and 11 belonged to a family.

Records and interviews in recent days showed that the bullets were a string of commendations for good behaviour after four towers in Iraq and Afghanistan. But he has also faced a number of difficulties in recent years: a work of investment of Florida a sour, at his home in the Seattle area was sentenced as he is struggling to make payments on another, and it does not have to obtain a recent promotion.

Legal issues included them charges that he assaulted a girlfriend and, in a tube - and run accident, hemorrhage in military clothing in the Woods, court records show. He said police, he fell asleep at the wheel and paid a fine to get the charges dismissed, the records show.

Rebecca Steed, spokesman at Fort Leavenworth, said that bullets would be able to meet Browne in what is described as a privileged visit. With medical visits, these meetings are generally more private than other activities in the prison.

Browne, 65, has represented clients ranging from serial killer Ted Bundy of Colton Harris - Moore, known as the "barefoot Bandit". He said that he managed military affairs only three or four. Bullets will have at least a military lawyer.

Large and elegant, Browne was an important figure in the State of Washington legal community since the 1970s, known also for his zeal in the representation of his clients and his flair for the television cameras.

—————

Writers of the Associated Press Manuel Valdes in Seattle, John Milburn in Topeka, Kan and Deb Riechmann in Kabul, Afghanistan, contributed equally.


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Lawyer represented Bundy, "barefoot Bandit".

SEATTLE (AP) - lawyer in Seattle the representative a U.S. soldier accused of killing 16 Afghan civilians has only appeared in military court live a handful of times in a career year, but he is no stranger to prestigious customers.

John Henry Browne tried over 250 criminal cases to the verdict, which represents clients ranging from the serial killer Ted Bundy of Colton Harris - Moore, known as the "barefoot Bandit".

65-Year-old said that he has treated only three or four military cases. The soldier will also be at least a military lawyer.

Browne has been an important figure in the State of Washington legal community since the 1970s. Large and elegant, he is known also for his zeal in the representation of his clients and his flair for the television cameras.

He has held some criminal cases more publicized in the State. In addition to being a lawyer for Bundy, in 1983, he helped Benjamin Ng avoid the death penalty after his conviction in worst massacre of Washington, the massacre of 13 people at a restaurant in Seattle.

In one of his greatest legal victories, Browne assured that a man who fled to the Brazil after a fire that killed four firefighters would not face charges of murder on his return since the required country - Brazil - does not have an equivalent to the State of Washington Act of murder of crime.

Browne recently represented Colton Harris-Moore, who drew international attention to steal cars, boats and aircraft during a performance of Act two years. Browne and his co-counsel, Emma Scanlan, helped Harris-Moore to reach State and federal plea deals, and then convince a judge of the State to give the lower end of the range of the sentencing: seven years in prison.

Browne is a graduate of the school of law of the American University in 1971 and continued to be a member of the Ford Foundation at the Northwestern University School of Law. He began his career as an Attorney General Assistant in Olympia, Washington, capital of the State.


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Lawyer cannot cut the woman support

A lawyer from West Vancouver which is about $700,000 per year was denied an application significantly reduce child support to his exwife.

Counsel - identified as "C.D." in the documents of the Court - made an average of $57,000 per month for the past three years and has been paying his ex-wife "A.B." $11,500 per month since the couple was divorced in 2008.

Recently the husband went to the Tribunal, requesting that his support payments be gradually lowered to $5,000 per month over two years.

He asked that his ex is cut after three years. The lawyer, 53, who owns the House of West Vancouver and Qualicum Beach with a Corvette, argued that his ex-wife, 50, a need for incentives to become autonomous, as it provides its own income drop when it starts to reduce his work schedule. Counsel also argued that his ex could sell his house in North Vancouver and move into a condo, invest the difference contribute to his income.

But judge Susan Griffin is a not agree, saying that the husband and wife have contributed to the success of his career when their 15-year marriage.

"The risk that the woman is perhaps not in a position to find a lucrative career after the children have grown up and the husband was well established in his career is a risk that both the husband and the wife should share just as they should share the chance, that they took on the husband's career... the woman did not have to bear the cost of these disproportionate career choice"she wrote.""

Griffin ordered the lawyer to continue to pay his ex-wife $ 10,000 per month for an indefinite period of time.

According to the court documents, when the couple is Marie first, the husband received less than $50,000 per year with a Toronto law firm. The wife worked as a flight attendant. After two daughters of the couple were born, and the family moved to Vancouver, the wife stayed home to take care of them while the husband has built a career high power in corporate law. Often he worked evenings and weekends and was often absent on business travel.

During this time, at a time the husband's income has climbed to more than $800,000 a year.

"At the end of the marriage, the woman was a woman of middle age with no developed work training or employment important experience while the husband on the other hand, was now a senior counsel with a career based in Vancouver," wrote the judge.

The wife has since developed a business as a home stager, but expects to earn only about $20,000 per year.

Counsel argued that his ex-wife business plans were unrealistic and that the level of support it has received from him had him allows to be deliberately underemployed.

But the judge rejected that, saying that it was not satisfied that the ex-wife would be able to find a job that paid much better than it, given his age, lack skills and significant time to the workforce.

In his reasons, Griffin said, the husband enjoys a good standard of living. "He lives in a house in West Vancouver, another house was Qualicum Beach and substantial savings for retirement and is earning a significant income that will allow it to continue to accumulate assets and savings," she writes, and standard of living of the ex-wife is "quite modest in comparison."

The couple asked that their names be kept out of any judgment of the Court.

"The judge wrote in his reasons that it was not satisfied there was no good reason for that - noting most of the people who spend the public courts to settle their disputes" do not have the luxury of anonymity.... ?

But she found that person still objected to the request, it would leave the ban in place for the moment.

jseyd@nsnews.com

? Copyright (c) North Shore News

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Lawyer linked to looted accused Madam

A lawyer of Manhattan high - profile with links to the accused Madam Anna Gristina was raided Friday by investigators that carried the paperwork storage boxes.

The seizure in the Office of the Prosecutor veteran David Jaroslawicz comes, as an accountant and two young women accused of prostitution were also involved in the sensational case.

Jaroslawicz, which produced several plays, are featured in the largest city legal drama when Detectives down on its low building of Broadway.

It is linked to the State of home where Gristina lives with her hunky husband and four children - and a well placed source, building e. 78th St. where she headed was a brothel of $ 10 million.

As the case proceeded, he hired includes eagle legal Ben Brafman, who insisted "nothing illegal" went on.

"I talked to the Office of the DA", said Brafman. "They told me that it was not a target of the investigation." That's all. ?

Jaroslawicz, 65, has represented women in costume of sex against Brett Favre and the Sultan of Brunei. During the days of Go - Go of the first explosion of the Internet, it has carved out a niche representing the women who have been sexually harassed electronic business.

"A lot of these guys think that they are the new masters of the universe," he told the news at the time. "They have mix reality and virtual reality and begin to treat women as objects."

Now he is entangled in the continuation of Gristina and matchmaker Robert Mae Baker, who are accused of selling women and powerful men for $2,000 at night.

Jaroslawicz has a pension of 20 acres of Monroe, New York, just next to the property Gristina, 44, rent. Records list him as the "Manager" of the company who holds property, too.

The law enforcement source said that it was also be surveyed in the upper East Side building where Gristina had a stable of beauties johns rich and powerful service.

Folders list Diana Ruhl, 42, and her husband, Jonathan, as principals in the company which is the owner of the building. She is a lawyer at Ridgewood, New Jersey, whose family has real estate interests. She refused to comment.

Prosecutors told the Court that the owner of the nest e. 78th St. love is a human "friend counsel" of Gristina which was essentially his partner.

"[He] invests his money, she helped set up his business and helping to launder its money," Deputy District Attorney of Charles Linehan told a judge last month.

"He essentially locked money for it this should never happen, therefore it will have money when it comes out."


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