Archive for May, 2010
Stock Fraud Nails Many
Stock fraud these days seems to be almost as common as product recalls. People need to be wary about investing in stock without doing due diligence.
“Generally speaking, there are two kinds of people who want to venture into the world of investing. Those who have an optimistic point of view on investing (if all goes well) but remain skeptical in light of recent fraud cases, and those who are skeptical first and try to hang onto their sense of optimism that not everyone is out to scam you,” said Michael G. Smith, an Arkansas injury lawyer, practicing personal injury law and dealing with stock fraud cases in Little Rock Arkansas.
The most successful investors seem to have a certain internal radar about them that can spot a dud at fifty paces and the Bernie Madoffs of the world don’t get past their front door. “Having said that, it’s not easy to spot a fake, particularly when the fraudster is charming, personable, has a good reputation and an ‘image’ that projects confidence and trustworthiness. It’s those with the glib gab that get the furthest and make the biggest bucks in scamming people,” commented Smith.
Is it really possible to pull the wool over people’s eyes, take them for mega bucks and keep doing it for years? Yes, it is possible, and it’s possible because people have not done true due diligence in checking out the investment opportunity. They have relied instead on that illusive word of mouth from others and a person’s reputation. They have not checked into any details in any depth, and this is how people get ripped off.
“While people don’t like to question those that appear to be in the know, be successful and may even be a friend, it’s in their own best financial interests to check, check, check and check again,” added Smith, who has handled some interesting stock fraud cases in his years of practice. “You need to protect your ‘own’ interests first and if that means the person who is offering you a ‘great deal’ stops talking to you, you may just be better off,” he said.
Relying on mere trust without checking is precisely how Ponzi schemes get going and stay flourishing until the roof falls in one day. “Put another way, the person who unwittingly gets back his principal investment (from newer clients) as their ‘return on their investment’ just sets the person up to be a sitting duck who unintentionally may supply other victims to the scammer,” outlined Smith.
“Here’s one thing that you might want to watch out for if you’re planning on dealing with an independent investment advisor. First off find out if the advisor’s independent accounting firm is an obscure, ‘who in the heck knows who they are’ kind of firm,” recommended Smith.
If the investment advisor someone is working with keeps custody of client assets (money), that means they “must” have independent audits and unannounced audits by the SEC. If the advisor isn’t keeping the assets, but a group does, the client has statements to verify what is going on. In the Madoff case, the accounting firm was a “who in the heck are they” kind of firm. Red flag number one.
There are other areas to check as well, including the answers to the advisor’s ADV on the SEC site.
Analyze them carefully, because quite often there are clues sprinkled in the answers that will tip someone off that all is not as it appears to be. “When in doubt, speak to an attorney who handles cases like this and have them check the information out. It could save you a whole lot of economic grief,” stated Smith.
Learn more by visiting http://www.Arkansaslawhelp.com
Michael G. Smith is an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas.
Big Rig Blows Stop Sign
This three vehicle pileup, the result of a big rig running a stop sign, killed one.
Traffic signs are put in place for obvious reasons. Those who fail to pay attention to those signs are running a very real risk of serious injury or death, as this case that we heard about demonstrates. A big rig driver blew a stop sign and because he did, he was involved in a crash with another semi and a minivan. The driver of the minivan was killed.
This accident happened when the driver of a tractor-trailer unit didn’t obey a stop sign at a road connecting with a highway. Just as he was sweeping onto the highway, he broadsided another 18-wheeler. The impact was so forceful that one rig was shoved into the northbound lane where it hit a minivan.
The driver of the van was virtually crushed into his vehicle like a sardine in a tin and the Jaws of Life had to be used to extricate him. Unfortunately, his injuries were so severe he died at the scene of the accident. As an Arkansas accident lawyer, we see cases like this quite often. They are never easy for the family and the shock of losing someone they loved is monumental.
Evidently, the drivers of the two big rigs were not badly hurt and managed to walk away from the scene with minor injuries. While the police report indicated that they didn’t believe drugs or alcohol were factors in this accident, there would be a full investigation to determine why the first trucker went through a stop sign.
On the face of this case, the trucker who went through a stop sign will likely be cited for failure to obey traffic signs and possibly speeding and driving while distracted. While there was no mention of a cell phone or laptop in the police report, it doesn’t mean the trucker wasn’t on his cell phone either talking or texting when he ignored the stop sign.
He may also have been hunting for a map, watching a movie on his laptop or picking something up off the floor. There may also be the possibility he was under the influence of prescription drugs or had been driving too long and was exhausted. If any of these scenarios is the case, the family of the minivan driver will have a good case to file for a wrongful death lawsuit with an Arkansas accident lawyer.
In cases like this, it is best to discuss all options with a skilled personal injury lawyer with extensive experience handling 18-wheeler accidents. There are usually a number of things that need to be done right away, not the least of which is to preserve evidence, gather reports, pictures and medical records. Time is truly the enemy in crashes involving 18-wheelers, so don’t wait to speak to an Arkansas accident lawyer to find out what your rights are and what to expect if you have a viable case.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
The Bus Was in Neutral When It Injured Another Motorist
School bus drivers really need to pay attention to their driving. This driver left his bus in neutral and injured another motorist.
It goes without saying that if someone is driving a school bus, they have a duty of care to pay attention to what they are doing at all times. They are hauling a lot of potential victims should they become involved in a crash like the one in this case.
No one is quite sure why the bus driver in this instance left his school bus in neutral, other than his own comment later that he forgot it was in neutral. What happened here is that a woman was struck head-on as she was waiting for the school bus to proceed forward just after it let some students off.
The bus driver said he’d had problems with shifting the bus into drive after dropping off a physically handicapped student. At that time, the school bus doors were not closed. He radioed for help to the dispatcher while putting the bus in neutral. The dispatcher told the driver what he needed to do to move the bus forward, and that was make sure the doors were closed first.
The bus driver made sure the doors were closed, but didn’t remember he was in neutral. The end result was colliding with another motorist, who was taken to a local hospital for treatment for her injuries. The rest of the students on the bus were not hurt.
“The first thing that comes to mind here is that the driver of the bus obviously did not have enough experience to be driving a school bus. Whether that means he didn’t have adequate training, which could be inferred from him not knowing how the bus moved forward, or was driving a bus he wasn’t familiar with, the results were an accident that could have been worse than it was,” outlined Michael G. Smith, an Arkansas injury lawyer, practicing personal injury law in Little Rock Arkansas.
“As it stands, the woman who was hit has what appears to be a good case to file a personal injury lawsuit to recover, among other things, any medical expenses associated with her injuries and any damages relating to her car,” added Smith, and Arkansas accident lawyer.
As for the school bus driver, until a further investigation is completed, it may not be clear if forgetting the bus was in neutral was his only transgression. He may have been listening to an MP3, texting while waiting for dispatch to respond or even reading a school bus manual. “Whatever the case may be, there is a good chance he will be found responsible for the woman’s personal injuries,” indicated Smith.
In cases like this, it may be that the motorist was not badly hurt – or at least, that is the way things may ‘look’ on the surface,” explained Arkansas accident lawyer Michael Smith. “However, minor injuries have a way of developing into something much more serious later. This is one good reason to talk to a personal injury lawyer if you have been involved in an accident,” he commented.
Learn more by visiting http://www.Arkansaslawhelp.com
Bill to Improve Veteran’s Health Services
A new act may finally provide the kind of care and support veterans and their families deserve.
Just last month a piece of bipartisan legislation quietly passed into law – the Caregivers and Veterans Omnibus Health Services Act (Caregivers Act). While the title might not say much about what it contains, the bill is designed to not only improve, but reform veteran’s health services.
The intention is that wounded vets get more support, as well as their caregivers (that includes family or others). Of note is a provision that expands care for female veterans (over 1.8 million), one that offers improved mental health services and one that provides increased access to health care for veterans living in rural parts of the US.
This type of legislation has been a long time coming and it is hoped it will make an enormous difference in the lives of those who volunteered to fight for their country; its right, its freedoms and its sovereignty. Many vets are hard pressed to get the help they need when they return from war zones.
Unfortunately, many veterans are injured in ways that cannot be “seen” – post traumatic stress disorder, traumatic brain injury, anxiety, etc. – and because no one can “see” their injuries, they are often shuffled around from pillar to post without getting the medical help they need. Filing for disability is typically a major undertaking. Many times veteran’s claims are denied and often it is many months, if not years, before a claim is resolved.
Statistics relating to veteran’s care indicate that at least 21% of active duty, 24% of retired or separated service members and 15% of those in the reserves are being cared for by a friend or family member who had to quit their job to care for them full-time. The Caregivers Act offers these caregivers assistance and support to handle the stress (mental health services and counseling) of caring for a disabled vet, as well as respite care for families and other caregivers. This new legislation’s intent is to provide health care and a service stipend for caregivers living with wounded vets from the Afghanistan and Iraq conflicts.
Many laws have been passed to help vets, all with seemingly good intentions. Unfortunately, most were ultimately watered down to the point of being completely ineffective by the courts’ interpretations. Only time will tell whether or not this new Act will accomplish what it says it intends to accomplish.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
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