Wednesday, December 31, 2008

FOI Evidence Emerges To Support Schapelle Corby, According to Legal Research Group

When Schapelle Corby found herself in an Indonesian court in February 2005 accused of importing marijuana, she was faced with an almost impossible task: from the inside of a prison cell she had to identify who had placed the drugs in her unlocked boogie-board bag.One of the two main theories presented to her was that they were placed in Australia by baggage handlers to ship the drugs interstate. However, it has emerged that a far more complex airport scenario was entirely possible. The International Legal Research Group announces today that research conducted by Dr Adrian Bradford using a Freedom of Information request has revealed significant fresh evidence, which embraces an international drug transportation ring.

(PRWEB) December 31, 2008 -- When Schapelle Corby found herself in an Indonesian court in February 2005 accused of importing marijuana, she was faced with an almost impossible task: from the inside of a prison cell she had to identify who had placed the drugs in her unlocked boogie-board bag.

One of the two main theories presented to her was that they were placed in Australia by baggage handlers to ship the drugs interstate. However, it has emerged that a far more complex airport scenario was entirely possible. The International Legal Research Group announces today that research conducted by Dr Adrian Bradford using a Freedom of Information request has revealed significant fresh evidence, which embraces an international drug transportation ring.

ABOUT SCHAPELLE CORBY
Schapelle Corby was sentenced to an unprecedented 20 year prison term in 2005. This followed a highly contentious case in which her prosecutors refused to fingerprint or test the evidence, refused to test the drugs for country of origin, and subsequently incinerated them (2). Other factors included the case record of the senior judge who had never acquitted a drug related defendant (3), and the disparate value of the drugs between the two countries.

THE NEW INFORMATION
Through a Freedom of Information (FOI) request, Dr. Adrian Bradford, has discovered that a South American plane carrying a shipment of illegal drugs was on the ground at Sydney international Airport at exactly the same time Schapelle Corby passed through in transit to Bali.

"The significance of this is enormous", said Dr Bradford. "It is entirely possible that the consignment of cocaine, which was central to a joint investigation by Australian Federal Police and the NSW Crime Commission called Operation Mocha, was linked to the drugs which were found in Schapelle's luggage," says Dr. Bradford.

"The moment news broke in early May 2005 that Operation Mocha had smashed a cocaine smuggling ring using baggage handlers to bypass Customs checks at Sydney airport on the same day Schapelle was there, I immediately suspected that the drugs shipment was the source of the drugs found in Schapelle's bag. Until now there have only been reports that the two planes were at Sydney airport on 8th October 2004 but no indication whether the two planes were at the airport at the same time. To clear up the confusion, I lodged a freedom of information request with Air Services Australia."

The FOI request was posted on 10th November 2008 and the reply from Air Services Australia was received on December 3rd 2008.

The FOI reveals that on 8th October 2004 Lan Airlines flight 801 with the drugs shipment on board landed at Sydney International Airport at 7:50 am while Australian Airlines flight AO7829, which Schapelle Corby and 3 companions travelled to Bali on, departed Sydney at 11:12 am.

"That's an overlap of just under three and a half hours!" he exclaimed.

Schapelle Corby, Alyth McComb and Katrina Richards departed Brisbane on QF501 which landed in Sydney at 7:30 am before catching their connecting flight to Bali. Corby has always maintained her innocence and argued in her trial that baggage handlers were responsible for placing the drugs in her luggage.

"So it is entirely possible that the drugs were switched to Schapelle's bag for some reason by a corrupt baggage handler. There are a couple of incidents in North America where police have arrested airport workers smuggling marijuana and cocaine simultaneously. With the volumes reported it sounds like these crime gangs got away with it on previous occasions. "(4)

"It wouldn't surprise me if a sophisticated crime ring would try smuggling marijuana and cocaine into Australia and maybe this is what happened on that day. Perhaps the marijuana was placed in Schapelle's unlocked bag to draw potential sniffer dogs away from the cocaine. Once the cocaine was clear of the airport, the marijuana was meant to be removed as well. But instead of this happening the drugs went through to Bali."

"I am excited that I have now proven that Schapelle's transit in Sydney did indeed overlap with the plane carrying the cocaine. The odds of this being coincidental must surely be astronomical. This has never been reported in the media before. It would be wonderful if this new fact formed the basis of another extraordinary appeal by Schapelle," added Dr Bradford.

"Operation Mocha also has its unique problems," he continued. "It was headed by former Assistant director of the NSW Crime Commission Mark Standen who was arrested for conspiring to import drugs into Australia (5). He also approved that NSW police could sell 7Kg of cocaine on Sydney streets to gather evidence against the drug ring." (6)

Dr Bradford has a PhD in Chemistry from Adelaide University. He now lives in Perth.

The relevant details of the FOI can be viewed at: www.thelegalresearchgroup.org/foi.jpg

THE IMPLICATIONS
The new evidence found by Dr Bradford carries a number of implications and raises an equal number of questions. It is now entirely possible that the marijuana was placed in Schapelle Corby's bag at Sydney airport.

Equally, however, it is certain to increase pressure for answers to questions relating to missing CCTV footage from the same airport, which Schapelle Corby desperately pleaded for, to support her defence that her luggage did not contain drugs at check-in. Such footage was never forthcoming, amidst a range of claims, including that the cameras were not operating. Now, given proof of the timing, how credible is it that those cameras were switched off, in the midst of such a large international drug smuggling operation?

CONTACT DETAILS
Dr Bradford can be contacted via Adrian@thelegalresearchgroup.com. TLRG can be contacted via pr@thelegalresearchgroup.com

References:

(1)   FOI data: www.thelegalresearchgroup.org/foi.jpg

(2)   http://www.theage.com.au/news/world/bali-police-burn-corbys-marijuana/2006/03/17/1142098659797.html

(3)   http://tvnz.co.nz/view/news_world_story_skin/567953%3Fformat=html

(4)   http://www.highbeam.com/doc/1P1-87824639.html

(5)   http://www.news.com.au/dailytelegraph/index/0,,5017225,00.html

(6)   http://www.smh.com.au/news/national/informant-could-sell-cocaine-says-judge/2006/12/17/1166290412435.html

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[Via Legal / Law]

Posted by prolink at 1:46 AM 0 comments

Tuesday, December 30, 2008

Antelope Valley Estate Planning Law Firm Explains How California Estate Planning Is Done

Antelope Valley estate planning law firm Thompson Von Tungeln outlines the process behind California estate planning.

Lancaster, CA (PRWEB) December 30, 2008 -- Antelope Valley Estate Planning law firm Thompson Von Tungeln explains the process behind California estate planning. According to Antelope Valley estate planning lawyer, Kevin Von Tungeln, the California estate planning clients he counsels have many questions to answer and factors to consider, even before any estate planning documents are drafted.

"Since the purpose of California estate planning is to protect your assets and care for your loved ones," said Von Tungeln, "you have to carefully consider a wide variety of life-affecting issues."

Since the purpose of California estate planning is to protect your assets and care for your loved ones
Von Tungeln said that those issues his clients must consider include: guardianship for minor children; who is designated to make health care decisions in case of incapacitation; the best way to care for dependents like elderly parents and disabled children, should the client precede them in death; the value of a client's assets and how to preserve them; who takes over a family business when the client dies; and what funeral arrangements does the client desire.

Von Tungeln has helped clients thoroughly work through these issues so that he can create a custom California estate plan that will achieve all the client's objectives and fulfill all the client's desires.

About Kevin Von Tungeln:
With more than 17 years' legal experience, Kevin L. Von Tungeln serves Thompson Von Tungeln in the areas of estate planning, probate, trusts, wills, trust administration, conservatorships, guardianships and elder law. He is certified by the State Bar of California Board of Legal Specialists as a Board Certified Specialist in Estate Planning. To find out more about Von Tungeln, go to his LinkedIn profile at: www.linkedin.com/in/kevinvontungeln

About Thompson Von Tungeln:
Antelope Valley estate planning law firm Thompson Von Tungeln (TVT) offers sophisticated estate planning and administration for the affluent, discriminating client. As Board Certified Specialists in Estate Planning, Trusts and Probate as certified by the State Bar of California Board of Legal Specialization, partners Mark E. Thompson and Kevin L. Von Tungeln are expertly equipped to serve these clients with the creative, effective and custom solutions they demand. For more information, contact TVT at 661-945-5868 or visit their website at www.EstatePlanningSpecialists.com.

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Posted by prolink at 8:45 AM 0 comments

Out Of Court Solutions Offers New Conferencing Strategy To End Costly Divorce Lawsuits

Scottsdale firm allows divorcing couples to quickly and effectively end expensive legal proceedings through its Mediated Settlement Conference Program.

Scottsdale, AZ (PRWEB) December 30, 2008 -- Designed to end divorce lawsuits quickly and effectively, the Mediated Settlement Conference program is now being offered by Arizona based Out of Court Solutions. The Conference can occur at any time during the litigation process and is conducted by the experienced and qualified divorce mediator, Oliver Ross. JD, PhD.

"We are glad to offer a program that helps each party not only settle their differences, but also inject reason, which helps them deal with the emotions common to divorce," said Oliver Ross, director of mediation services and owner of Out of Court Solutions.

We are glad to offer a program that helps each party not only settle their differences, but also inject reason, which helps them deal with the emotions common to divorce
At the forefront of divorce mediation in Arizona, Out of Court Solutions specializes in divorce as well as workplace mediation. To begin the process, the company requires each party's attorney to submit a 5-10 page mediation memo, summarizing the facts to the mediator and opposing counsel, and a 3-4 page confidential settlement memo to the mediator. These need to be submitted no later than 10 days prior to the Conference.

"Divorce is something that affects the entire family, including children," said Ross. "During the Conference, we address the contested issues through communication, negotiation, and decision-making, all encouraged through joint and/or private mediation sessions. A memorandum of understanding summarizes all the decisions made during the Conference." Ross adds, "The process also includes emotional support, not to mention the reduction of financial burdens associated with litigation."

The parties decide how much they want their respective attorney to participate in the Conference. Most cases are resolved in one day or less, but the mediator can stay involved via phone, email, or another Conference if needed. Usually, the Conference lasts between 4 and 7 hours. The mediator will typically spend 1 to 2 hours reviewing the documents from each party, and then 1 to 3 hours preparing a Memorandum of Understanding.

"Although the goal is to mediate in the course of one day, I will stay involved in some capacity as long as we are making progress," says Ross. "The purpose of starting mediation is to have all parties satisfied with the end agreement."

With experience in law, psychology, and mediation training, Oliver Ross and all of the other mediators with Out of Court Solutions are dedicated to resolving the issues associated with divorce in Arizona with as little hostility and expense as possible - while providing a service for collaborative divorce in Phoenix.

To learn more about Out of Court Solution's Mediated Settlement Conference program or other Arizona mediation services, visit the company's Web site at www.outofcourtsolutions.com or contact Ross at (602) 404-1500.

About Out of Court Solutions
Founded in 1995, Out of Court Solutions has built its Scottsdale, Arizona-based business around reducing the emotional stress, financial expense, and parental conflict associated with divorce. The company also extends is mediation services to settling business and workplace disputes. Its superior mediation team includes founder Oliver Ross, JD. PhD, who, with a legal, business, and psychology background, has mediated over 1,200 divorce, family, and workplace disputes.

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[Via Legal / Law]

Posted by prolink at 1:45 AM 0 comments

Monday, December 29, 2008

Spinal Injury: Finding a Solicitor

If someone dear to you has experienced a recent accident that involves a spinal injury, with the right help and technological assistance it will still be possible for them to lead a full and varied life.

Whilst lifelong therapy and assistance will be needed by individuals with a spinal injury, loved ones can now look forward to life with a large degree of independent living. This is true even where the use of arms, legs and even the power of speech have been lost.

So what has changed in recent years to make independent living possible for people with the most serious forms of spinal injury? Computerised technologies have been developed over past decades to assist individuals with a spinal injury or a severe disability. Patients with a severe spinal injury that has affected speech can now speak through the use of a voice synthesiser; simple eye movements can be used for computer control of doors, windows, lights, heating and other household appliances. All in all, these technological developments mean that individuals with a spinal injury can lead a full and rewarding life.

However, the technologies that offer loved ones with a spinal injury the ability to live with a degree of independence do not come cheaply. Fortunately, in the case of accidental spinal injury, nearly all cases will be covered by some form of insurance against which a compensation claim can be made. This compensation claim must cover the ongoing costs of care, equipment, adaptation of homes or provision of a living space suitable for a wheelchair and is sufficient to last for the natural life of the person with a spinal injury. So where do you start?

Finding a solicitor for your spinal injury compensation case

Fortunately, you don't have to go through the process of finding care and support for a loved one entirely on your own. There are many charities that can offer some advice and guidance, but expert practical help can also come from an unexpected quarter; the legal firm you select to represent your loved one’s spinal injury compensation case. However, selecting the right lawyer is the most important first step to take. It is important to understand that once a settlement has been made, a spinal injury compensation case cannot return to the courts to seek additional funds at a later date.

The solicitors you select should have an expert knowledge and experience of what care, equipment and other items will be needed for assisted living during the course of a spinal injury victim's natural life. Ask to see case histories of past clients with injuries similar to your family member, and check to see how much money was awarded. If possible compare this to other firms that you may be considering.

When you have satisfied yourself that your prospective solicitors are suitably experienced in pursuing a spinal injury compensation case, you should also ask what services are offered by the legal firm to assist you in caring for a loved one with a spinal injury whilst your claim is settled. Questions might include:-

- Is a Case Manager appointed so that you can always speak to the same people and especially someone who is familiar with your case?

- Will your solicitor help you find the specialist care teams and equipment your family will need?

- Are these teams likely to be experienced in dealing with assisted living for someone with a spinal injury?

- Will the firm help you deal with any issues or unforeseen requirements that may arise over the course of the claim?

- Will this assistance extend to the years after your award has been made?

- Are these services to support a spinal injury victim provided free of charge?

Interim awards for spinal injury can be sought from insurers to help your family with any immediate requirements while the compensation case is being prepared and heard, so that your loved one can be brought home as quickly as possible.

If at any time you are unhappy with the service you are receiving you can always change your legal firm; you are not obliged to remain with the firm you have selected at the outset. However, choosing your legal representation carefully can save you time and needless heartache whilst your loved one and your family are adapting to life with a serious spinal injury.

About the Author

Neil Glover - Serious injury lawyers with unrivalled expertise. Specialist services for spinal injury, brain injury, head and amputation clients from the UK's leading specialised injury law practice. ng@seriouslaw.co.uk 0800 61 66 81

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Posted by prolink at 7:00 AM 0 comments

Securing Compensation For Brain Injury

If you are reading this review because one of your relatives or friends has recently suffered a catastrophic brain injury, you or may be facing a wide range of conflicting emotions and extraordinary distress as you come to terms with the consequences of such a serious accident.The problems that a brain injury can present are wide ranging. In its most extreme form, a loved one who has experienced a brain injury may be in a coma or a persistent vegetative state; this is where the brain injury victim is unable to regain consciousness and activity in the brain is low. In these circumstances, a continued stay in hospital or a nursing home is usually the only option available. However, these cases are rare and more frequently the victim of a brain injury will recover consciousness and will be able to be discharged from hospital to return home. However, they may be seriously affected by the brain injury and may be completely unable to care for themselves.

However, not all brain injury will produce such severe symptoms. There are also milder cases of brain injury where, for example, a loved one may lose the ability to remember what was said a few moments previously, but function quite normally in all other respects. Care will still be required, but to a lesser extent.

Unfortunately, it is impossible to accurately predict the extent and consequences of a brain injury resulting from a head trauma in the early stages following an accident; in many cases, the full effects will only become apparent with time. Perhaps the hardest fact to come to terms with is that the chances of a full recovery from a brain injury are slight. Unlike many other body tissues, our nervous system is not able to repair itself very effectively, even with time. This means that the effects of a brain injury must be considered to be permanent.

Should you find yourself in a position where one of your relatives or friends have suffered a serious brain injury, the time will come when your loved one can be brought home, and day-to-day responsibility for care will pass to you and specialist nursing and care staff. This means that practical plans must be made to care for a loved one who has experienced a brain injury as rapidly as possible for the months and years ahead, and this is where specialist advice from a legal firm with considerable experience in handling, managing and executing brain injury claims is essential.

After diagnosis of a brain injury, the most important step a family can take is to ensure adequate compensation awards are sought from the relevant insurers. The considerations that must be made in cases of brain injury are many and complex and only one compensation award will be made. If the sum awarded as compensation for the brain injury proves to be inadequate to provide lifelong care, there is no opportunity to go back to the courts to ask for further funds at a later date. Furthermore, you will need financial and practical assistance both before and after the brain injury compensation case has been heard; when a final settlement may take up to five years to achieve, this is an important consideration to bear in mind when selecting your legal firm.

A legal practice that specialises in serious brain injury compensation cases will do far more than merely fight your case for you in the courts. A good firm will be able to assist you in finding expert staff as well as helping you to manage the day to day living requirements of a patient with a brain injury. Further, firms that speicialse in serious injury law are likely to have a wide range of managed care solutions that are offered to their clients, free of charge, and for the lifetime of their brain injury client.

Having to cope with a loved one who has experienced a brain injury is difficult for any family; it is therefore essential that you and your family receive the full support that you will need in the months and years ahead. For this reason, it is essential that you choose your legal firm wisely.

About the Author

Neil Glover - Serious injury lawyers with unrivalled expertise. Specialist services for spinal injury, brain injury, head and amputation clients from the UK's leading specialised injury law practice. ng@seriouslaw.co.uk 0800 61 66 81

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Posted by prolink at 7:00 AM 0 comments

Choosing Lawyers For Brain Injury Compensation

It is unlikely that you have ever considered what situations you might have to face if your child, brother, sister or a parent were to suffer a catastrophic accident that left them with a severe brain injury, unless you presently find yourself in such an unfortunate situation.

When a brain injury occurs, any combination of effects is possible.

In more extreme cases, a family member who has had a trauma resulting in a brain injury may be unable to feed, clothe or wash themselves unaided; speech and cognitive thought may be impaired. It is also possible that co-ordination and movement could be adversely affected by a brain injury. For example, in some milder cases a family member who has had a trauma resulting in a brain injury may lose the ability to remember what was said or done a few moments previously, or may be unable remember much of their previous life, but may function quite normally in all other respects.

Precisely which effects are experienced will depend on which areas of the brain have suffered injury and damage. Unlike many other body tissues, our nervous system is not able to heal or repair itself very effectively, even with time. Very small improvements and recovery of partial function can be gained as a result of ongoing specialist therapy and treatment for brain injury. However, in the vast majority of cases, a significant degree of recovery from the damage caused by a serious brain injury is unlikely.

However severe a brain injury may be, the time will come when the patient can be brought home, and day-to-day responsibility for care will pass to the family and specialist nursing staff. This means that practical plans must be made to address the realities that face a family member who has had a trauma resulting in a brain injury in the months and years ahead.

A compensation award will fund the ongoing care of a family member who has had a trauma resulting in a brain injury, enabling families to achieve the best possible quality of life in the years ahead for all concerned. This is where specialist advice from a legal firm with considerable experience in handling, managing and executing brain injury claims is essential.

The issues are many and complex and only one compensation award will be made. If the figures or claim procedures used to pursue a compensation case are inadequate to provide lifelong care, there is no opportunity to go back to the courts to ask for further funds at a later date, even if the initial compensation award for brain injury proves to be insufficient. Settlements may take between three and five years to achieve, and in the interim, the brain injured patient will still need specialist equipment, adaptations to homes, therapy and specialist nursing care. A legal firm that specialises in serious brain injury cases will be able to help you, as contrary to widely held beliefs, they will do far more than merely fight your case for you in the courts. A good firm will be able to assist you in finding expert staff as well as helping you to manage the day to day living requirements of a patient with a brain injury.

If you are reading this article because you are experiencing the trauma of a loved one having suffered a brain injury and are seeking further information, visit the website of any prospective serious law firm to check that they specialise in serious injury compensation cases, and have successful track record in dealing with brain injury cases. Brain injury does not have to be a life sentence for the whole family.

About the Author

Neil Glover - Serious injury lawyers with unrivalled expertise. Specialist services for spinal injury, brain injury, head and amputation clients from the UK's leading specialised injury law practice. ng@seriouslaw.co.uk 0800 61 66 81

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Posted by prolink at 7:00 AM 0 comments

Personal Injury – Are You Aware of UK Accident and Injury Laws?

During the past decade, personal injury claims have become increasingly common. If you turn on your television during the daytime you can guarantee that you will see adverts by accident claim management companies encouraging you to get in touch with them in order to make a personal injury claim and, if you are successful, to claim compensation as a result. There are many reasons for this, and it is not simply a case of more personal injuries occurring. Instead, the public now have a greater awareness of the issue, thanks to the consistent coverage it is given in various areas of the media.

But of what interest is this to somebody who has not suffered personal injury? Well, the answer is again one of awareness of the issue. For example, someone who suffers personal injury and has an idea as to what constitutes a valid claim will be quicker to act on it, which would cause much less fuss, disturbance and distress than someone who suffers personal injury but is unaware that they are eligible for compensation.

There are many ways in which someone can suffer personal injury. It could be the result of a road traffic incident, accident at work or in a public place, or other accidental injury. Furthermore, if you have suffered personal injury, you may be eligible for compensation. Even if you are not sure whether or not you have a valid claim, the best law firms will offer all initial consultations free of charge and without obligation. Most law firms also provide a No Win No Fee service if they feel your case has a realistic chance of success and that you always keep 100% of the compensation. This will help clarify the options available and can put your mind at ease.

There are simple ways in which you yourself can be aware of in the event that you are unfortunate enough to suffer a personal injury. In a road accident, for example, the extent of your injury would not necessarily be a deciding factor. Whether it is a relatively minor injury such as bruising though to whiplash or a more serious injury, one of the most important elements in regards to a claim is that you deem the accident to be someone else’s fault.

This is, indeed, an important element in all aspects of claims that you may need to be aware of. If you have an accident at work, then work accident compensation is recoverable provided it can be proved that someone is at fault – be it your employer, a fellow employee or another organisation or contractor working at your place at work. This question of responsibility is also relevant to claims regarding accidents in a public area. Anyone who is responsible for running, managing or maintaining a public area such as a shop, sports facility, office, public building, playground, park, pavement or road has a legal obligation to make that place safe from accident and injury.

Similarly, there is question of responsibility when it comes to making a claim concerning industrial disease for example. If you were to get an industrial disease that is directly attributable to your conditions of employment then you may want to get advice on making a claim. Industrial diseases range from asbestos related diseases to vibration white finger and mining related illnesses.

One of the other most common reasons for a claim can involve slipping, tripping or falling through negligence on the part of someone else. Slips and trips are often trivialised but a high proportion of them result in serious injury such as broken bones. Claims can come about for a variety of reasons and the main ones you need to be aware of include: tripping on a defective pavement, slipping on a wet floor in a shop, school, hospital or other public place, driving or riding over a pothole, becoming injured in a playground or sports facility, and slipping on fuel in a garage forecourt.

Above all, the lesson to be learnt when it comes to personal injury is that it pays to be aware of the law.

This article is free to republish provided the authors resource box below remains intact.

About the Author

Alison Carter is an experienced solicitor at Martin Kaye providing legal services for Accident Claims in Shropshire and are specialist Personal Injury Solicitors Shropshire. MK offer No Win No Fee services for Accident & Injury Claims.

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Posted by prolink at 7:00 AM 0 comments

Sunday, December 28, 2008

Truth Or Myth - The Legalities Of Cash Gifting

This article is a no nonsense approach to learning the truth about Cash Gifting programs and disposing of the "myth's". I've been hearing all kinds of crazy stories and getting calls from people wanting to know the truth behind these programs, so I decided to investigate. I’m sharing the surprising TRUTH about Cash Gifting programs to assist others in getting the FACTS, not the hype and half truths other marketers WON’T tell you and don’t want you to know. Let me define it for you first so we are all on the same page, then I’ll break it down in layman’s terms for you to understand: Cash Gifting can be defined as: The act of privately or publicly giving another person or entity a declared sum of cash, (as a gift) and giving it freely without coerce or consideration.

There are quite a few cash gifting systems out there, but the most legitimate ones will require documentation provided by that cash gifting program, it will be done in a way where the inviter has to actually speak to the invitee at some point, and it will have typically been in existence for a solid length of time. Cash gifting systems that are based on honesty and integrity use what is known as the EZ1Up program. Documentation must be involved and the appropriate tax codes must be followed. The REALITY is: If structured properly, the 1-up gifting programs are legal. Since Cash Gifting is a private activity and NOT A BUSINESS, there doesn’t have to be a product. The United States IRS Tax Code, Section 26 defines explicitly the taxation responsibilities that apply to cash gifting programs.

The IRS Tax Code gives us the rules involved with gifting. Please visit http://www.irs.gov/pub/irs-pdf/p950.pdf?source=ttcom4home1. In essence, you can receive up to $11,000 from any number of individuals without any taxation implications. In excess of $11,000, you are required to report the monies received as income and pay a regular income tax on them. It’s legal and lawful for one person to give a gift to another person with no tax liability on either party if the gift does not exceed $12,000 in any calendar year. For gifts over 12,000, the GIFTER is required to file a Gift Tax Return and MAY also be liable to pay Gift Tax. The Constitution gives us the right to do it and The IRS Tax Code tells us how to do it. The IRS does in fact allow cash gifting as a way of reducing the tax burden on your estate, but Tax Code Title 26, Sections 2501-2504 and 2511 makes it completely clear that in order to qualify as a gift, the money you give to someone else must be given with absolutely no expectation of a return. If you want to give more than $12,000 to someone (or more than $24,000 to a married couple), the IRS requires you to file Form 709, and you MAY be liable to pay Gift Tax on any amount over the allowed figure. No one who receives cash as a gift is ever required to pay taxes on it.

In the US, the Legal foundation is based on two well known documents: the IRS Tax Code and the Gift Tax Law. In researching gifting programs, the illegality lies in how the program is structured. ○ If the structure involves a central collection and distribution point, it can be deemed illegal. ○ If distributions are paid out of a pool and depend on new contributions to fulfill promises, then the activity may be deemed illegal. ○ If promises of guaranteed returns are made or insinuated, it can be deemed illegal. ○ If the activity is referred to and promoted as an investment or a business, it can be deemed illegal. Nothing in the Tax Code makes the giving of gifts of any amount legal or illegal. Show me the legal code where it states that it is illegal for me as a private citizen to send my property (be it cash, software, books, furniture, clothing or any other property) to another private and free individual of my choosing for any reason. It's more scary to me to think that some people in our free world actually believe that giving your property to others SHOULD be illegal.

It is of the utmost importance to understand gifting is strictly between the giver and the receiver, but structured levels are created in these activities to facilitate the integrity of the activity and to make them sustainable, simple and easy to understand. This is a lot different than any other work at home opportunity you have came across, because cash gifting really is on an island by itself. Understand this and repeat it over and over again, cash gifting is not something that can be left alone and expected to work. You may find some of this information that I write a little surprising and less hyped up than that of some of the other articles or ads, but I strongly believe that being 100% truthful is more powerful than telling you I make $100k per month and that you will too. Any home based opportunity needs a proper plan of operation to be a success, even a Cash Gifting program. I’ve realized that helping people is very rewarding, and the laws of attraction are in our favor when you are constantly giving. As with anything else in this life, you get out of it what you put into it. If you put nothing in, you get nothing back, so don’t start screaming “SCAM” if you haven’t done a darn thing to help it along.

About the Author

Do yourself a favor, get the FACTS and the TRUTH, visit http://www.leaderofprosperity.com, you'll get EXACTLY what is outlined by the IRS Tax Code and the Gift Tax Law!

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Posted by prolink at 7:00 AM 0 comments

Good Will Hunting - The Importance of Planning Your Estate Through a Will

Writing a will is one of the most important financial and personal decisions that someone can make in their lifetime, and yet, despite campaigns by the Law Society and the Government to convince us of the need to write a will, more than half the people who die each year do so without leaving a will.

Dying intestate, which is the term for dying without leaving a will, means that your estate will not necessarily pass on to those of your dependants and loved ones who you would otherwise wish to benefit. Intestacy Rules are statutory rules which govern the distribution of assets when a person dies intestate and sets limits on the amounts which can be transferred outright. The Intestacy Rules, however, generally only deal with civil partnerships, married couples, and the children from such civil partnerships and marriages. They do not otherwise deal with co-habitating couples. In recent years the number of married couples has fallen by a third and this trend is continuing with the effect that more people will need to deal with the distribution of their estates by making a will.

We can trace the importance of this by looking back at the most significant rulings in the area throughout the past decade. Indeed, with this background, it is surprising that the Chancellor announced new rules in the Budget to clamp down on trust funds passing under wills. In 2003, HMRC stated its intention “to create a level playing field” between assets held on trust and assets held personally by individuals and stated that “the Government recognises the important role that trusts play in society”.

The March 2006 Budget affects two main types of trusts – Accumulation & Maintenance Trusts and Interest in Possession Trusts. The former are often set up by parents or grandparents who want to give away assets during their lifetime or when they die, but who want the trustees to retain control of the money for a certain period – usually until the beneficiaries reach the age of 25. Following the Budget announcement, these trusts must be re-written to provide for assets to pass absolutely at 18, failing which the trust will be taxed at 6% every 10 years on the value of the asset over the Inheritance Tax (IHT) threshold, currently £285,000.00. Interest in Possession Trusts are often set up where say a husband wishes to provide his wife with an income on his death and for the capital to pass to the children on her death. The Budget will now provide for any assets over the IHT threshold to be taxed at 40% when the asset passes into the trust plus 6% every 10 years – unless you rewrite your will.

The Budget also caused confusion amongst professionals and insurers as to the effects on pensions of Section 172 of the Finance Act. This section imposes penalty charges of 55% and the possibility of the pension being de-registered for making, what are termed as “unauthorised payments”. Prior to the Budget, lump sum payments on death where death occurs prior to retirement age and are paid through a trust at the discretion of the trustees are treated as falling outside a saver’s estate and so are not liable to 40% IHT. After much objection, the Government has revised its announcement and has declared that existing life policies in trust will remain unaffected but that new policies will be affected.

The Association of Chartered Accountants estimates that over 1 million people will now need to review their wills following the Chancellor’s announcement. The Treasury does not appear to appreciate the enormous task ahead for the public and their advisors to review their existing wills and re-arrange their affairs. It believes that the new rules should not present a problem because a will can be re-written by Deed of Variation even up to 2 years after death to reinstate an IHT exemption. The Government does not seem to appreciate the difficulties and expenses of rewriting wills after death and the conditions that have to be met which are highly technical. In addition, many people who have written in a simple trust may not have given trustees enough power to change the will. Indeed the consent of all the beneficiaries is required even if the required power for trustees exists. This will become impossible where all the beneficiaries do not agree or where the consent of some or all of the beneficiaries cannot be given because they are minors.

Writing a will is the first step to be taken to avoid or reduce the effects of Inheritance Tax. If you are concerned about this, then legal advice is certainly the best way to confirm your position in relation to the effects of Inheritance Tax.

This article is free to republish provided the authors resource box below remains intact.

About the Author

Roberto Germain is a London Lawyer specialising in wills, probate & trust matters since 1985 at London & Brighton Law Firm Healys Solicitors.

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Saturday, December 27, 2008

LawCrossing Adds More Jobs for Paralegals and Legal Support Staff in This Downturn

Despite daily reports of law firms cutting staff, LawCrossing added over 12,000 legal jobs in the last week, and the site now lists 12,318 jobs for legal staff professionals.

Pasadena, CA (PRWEB) December 27, 2008 -- Despite daily reports of law firms cutting staff, LawCrossing added over 12,000 legal jobs in the last week, and the site now lists 12,318 jobs for legal staff professionals.

"Paralegals, legal assistants, and legal secretaries play an extremely important role in a law firm, and LawCrossing aims to provide every available job opening for these professionals," says Harrison Barnes, CEO of LawCrossing.

Paralegals, legal assistants, and legal secretaries play an extremely important role in a law firm, and LawCrossing aims to provide every available job opening for these professionals
Legal secretaries and paralegals provide valuable assistance to attorneys preparing for trials, hearings, or contract negotiations. "The concept of legal assistant was born in the late 1960s when law firms and individual practitioners were seeking ways to improve the efficiency and cost effective delivery of legal services," adds Harrison Barnes.

In recent times, several law firms have laid off legal support staff in view of the downsizing economy. Dechert LLP, an international law firm, laid off 72 of its 570 staff across 11 US offices. Last month, New York-based White & Case gave pink slips to around 90 legal staff members, while San Francisco-based Orrick Herrington & Sutcliffe laid off 35 members of its support staff. Another international law firm Brown Rudnick LLP laid off almost 10% of its global workforce, which included 20 lawyers, three paralegals, and 20 members of support staff.

"These are tough times for paralegals, legal secretaries, assistants, and other legal support staff, but there are thousands of jobs if one knows where to locate them. LawCrossing has hundreds of researchers who do nothing but find every available legal job for these professionals," says Harrison Barnes, who founded LawCrossing in 2003.

During the dot-com bubble, when thousands of legal professionals were laid off, Harrison Barnes realized that there was an urgent need for a source that provided legal professionals access to hidden jobs too. He conceptualized LawCrossing, a place that provided legal professionals access to each and every legal job on this planet.

For more information on LawCrossing, log on to www.lawcrossing.com.

About Harrison Barnes
Andrew Harrison Barnes, Esq., a JD from the University of Virginia Law School, is the CEO and founder of EmploymentScape (previously Juriscape), a research company dedicated to offering career services to a diverse range of professionals. Barnes began EmploymentScape operations by launching BCG Attorney Search in 2000, and continued introducing more career websites to support legal professionals. Barnes launched LawCrossing in July 2003, and the site soon became the world's most comprehensive legal job board.

About LawCrossing
LawCrossing is an affiliate of EmploymentCrossing, a powerful and comprehensive organization dedicated to helping professionals find jobs that will enhance their careers. LawCrossing consolidates every legal job opening it can find in one convenient location. LawCrossing was ranked 72nd on the 2007 Inc. 500 list of the fastest growing companies in the US. The website also offers a seven-day free trial to new members.

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[Via Legal / Law]

Posted by prolink at 1:45 AM 1 comments

Friday, December 26, 2008

Construction Site Accident Results in Worker's Injury

New York Trial Lawyer, David Perecman, Says State's Labor Laws Must Protect Worker's Health and Safety in the Workplace

New York, NY (PRWEB) December 26, 2008 -- Jaos Pires, a New York City construction site worker, suffered critical injuries in an accident last week and narrowly escaped death when a 100-year-old retaining wall underneath 11 Times Square collapsed and buried him to the waist in concrete, crushing his legs.

elevator accident attorney
elevator accident attorney


When asked what happened by a local newspaper reporter at the scene of the accident, one of Pires' fellow workers said, "It all happened so quickly, there was no time for him to get out of the excavation pit." The worker asked that his name not be used in the story. Another worker told the reporter, "It was like an avalanche. The wall just came crashing down on us." He spoke to the reporter on condition of anonymity. "There was really no time to react," said worker number three, who also insisted on remaining nameless.

"It's no wonder these three workers didn't want to go public with their comments," said David Perecman, a busy New York construction accident lawyer and a chair of the New York State Trial Lawyers Association Labor Law Committee.

"Can you imagine what might happen to these men if the boss found out they spoke to a reporter? First amendment rights, or no first amendment rights, in real life if a worker dares to say anything to the media that his or her employer doesn't like, it could be bye-bye job."

Pires' employer, Roadway Contracting, a Brooklyn-based company, was working for Plaza Construction, the general contractor for the project, when the construction site accident and injury occurred.

According to the Daily News, The New York City Buildings Department has issued 28 violations at the 11 Times Square site, most of them to Plaza Construction for such serious Class 1 infractions as "failure to safeguard all persons and property" and "failure to maintain all areas used by the public free from conditions of hazard."

Perecman charges that despite the laundry list of complaints against the contractor, and similar well-publicized problems with other contractors in New York, neo-conservative and anti-worker organizations and business groups, like Unshackle Upstate, continue to lobby Albany relentlessly in an effort to undermine laws that protect workers' health and safety in the workplace.

"When Governor Pataki was in office and ran the administration in the state," Perecman explained, "many conservative judges were appointed some of whose decisions tended to weaken New York State Labor Laws, the so-called, Safe Place to Work Laws."
    
"In my own experience as far as New York State goes," he added, "when more conservative-minded judges are appointed to the bench, as was the case during the Pataki years, it resulted in some decisions that weakened worker safety laws. Often these well-meaning judges who shape and make the law, make it harder for workers to prove their cases and get the justice we trial lawyers think they deserve."

Perecman said that some of the bills that have been introduced in Albany to amend Labor Law 240 would actually allow juries to shift some, if not all, of the burden of providing workplace health and safety from the contractor to the worker.

An earlier decision about New York state labor laws made by an appellate court in March 2007 went so far as to say that if an employee did not have access to safe equipment at the workplace, and went ahead and used what was provided by the owner, or the contractor, or by his employer, the worker bore the responsibility for his injury because he should have waited until the proper equipment was delivered from another location.

"Again, in situations like these," Perecman said, "if a worker says he wants to wait for proper equipment to arrive, it is certainly possible, if not likely, he would not gain favor in his employer's eyes, and may simply be asked not to return to work on that site the next day."


Some republican and pro-business opponents of sections 240 and 241 of The New York State Labor Law argue that these statutes establish an absolute liability standard on any contractor or property owner for a construction site accident or injury, regardless of fault, and that the law deprives owners and contractors of their right to defend themselves against such claims.

"This is an erroneous interpretation of the statute," Perecman explained. "Regardless of what the so-called pro-business lobby would have you believe, juries in New York State are free to consider whether an employee's own negligence also caused the accident, and to throw the case out if the sole cause of the injury is the worker's behavior."

"I think the best watchdogs for workers in this state," he added, "are the lawyers who take on their cases, find out who caused the accident and hold them responsible."

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[Via Legal / Law]

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