Joseph P. McClelland, LLC

John Edwards Not Guilty

Joseph McClelland — Thu, 31 May 2012 21:04:49 +0000

John Edwards speaks in Osceola—IowaPolitics.com (Flickr.com)

UPDATE: It is over for John Edwards. The drama of the trial is over. Time to bust out the cigars, you won again. The lion of the courtroom just did it again. He knows how to win in court. The feds know it. They recently released this statement. ”Last month, the government put forward its best case against Mr. Edwards, and I am proud of the skilled and professional way in which our prosecutors…. conducted this trial,” he said, adding that he respected the jury’s judgment and decided not to seek a retrial “in the interest of justice.”

John Edwards found not guilty on one count. The jury could not reach a verdict on the other two counts. The question is will the Justice Department refile this matter?

What is to be served by retrying this case?

Did he use money to influence the campaign?

Was it even campaign money or a gift from a friend to take care of a personal problem. Especially since the Supreme Court changed the rules with the Citizens United case.

It is being reported that the judge is the case was attempting to change “the reason” to “a reason” which are totally different standards. She wanted him to be found guilty so badly. It is also reported that she ruled in the state’s favor for almost every evidentiary ruling.

John Edwards is to speak after the ruling. He is going to make a short statement about the ruling. He will not want to piss off the government so they want another pound of flesh, but also show his innocence.

He thanked the jurors for their work and serious work. He thanked them for paying attention to the evidence. He thought they reached a fair result. He praised the judicial system. He praised the jurors for being so good.

He took responsibility. He wanted people to hear him say that even though he did not think what he did was illegal, what he did was wrong. No one is responsible for what he did, but him. He says he is accountable for his sins.

He also spoke to his family. His parents were called out for being on his side. He spoke of his love for his brother and sister. He also spoke about his own children. He said he knew it was hard for his children to hear some of the evidence of the case.

He had his daughter and dad standing behind him as he spoke.

A Republican prosecutor is the one that brought the case. He later left that position to run for office. Do you think he wore red or blue? He is a republican, of course. President Obama’s Justice Department let the case continue after he left because they lost their balls.

Many pundits are calling his speech quality TV. He was careful to say that he never violated campaign finance laws.

John Edwards walks free after chaotic end to corruption trial The Guardian The Guardian. John Edwards walks free after chaotic end to corruption trial. The Guardian. John Edwards the former vice-presidential candidate who wrecked his political career with an extramarital affair walked free from court on Thursday after a chaotic end to a month-long trial for using campaign funds to cover up his infidelity. John Edwards Found Not Guilty of One ChargePeople Magazine. John Edwards not guilty on 1 count mistrial declared in other 5Los Angeles Times. John Edwards acquitted on one count as jury deadlocks on five others and judge Washington Post. ABC News Politico Atlanta Journal Constitution. all 2,801 news articles.…

John Edwards Beats the Rap But Bears the Scars of His Decisions Forbes BBC News. John Edwards Beats the Rap But Bears the Scars of His Decisions. Forbes. RALEIGH NC DECEMBER 11 Former North Carolina senator and Democratic presidential candidate John Edwards and his daughter Cate leave the funeral services for Elizabeth Edwards at Edenton Street United Methodist Church on December 11 2010 in Raleigh John Edwards not guilty on 1 count mistrial on othersSalt Lake Tribune. The real joke of the John Edwards verdictWashington Post blog What next for John Edwards The disgraced pol’s survival guideBBC News. Chicago Tribune Bloomberg. all 9 news articles.…

Defense of Marriage Act Declared Unconstitutional by Lower Court

Joseph McClelland — Thu, 31 May 2012 14:46:17 +0000

It was waiting to happen. The topic is DOMA or Defense of Marriage Act which defines marriage as the legal union of one man and one woman and further, requires no state to recognize a same-sex marriage from another state. A lower court has declared the law unconstitutional. This means that this case is likely heading for the Supreme Court for a final decision.

Note: When lower courts start reacting differently to the same law, then that case has a higher chance of being heard by the Supreme Court. Remember, they get to pick the cases they want to hear. With this court being so activist, they will definitely want this case.

This has been brewing for some time with the Justice Department’s Eric Holder just a few months ago saying, “After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny. The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional. Given that conclusion, the President has instructed the Department not to defend the statute in such cases. I fully concur with the President’s determination.”

The issue here is discrimination and how much can a government discriminate. The court has consistently found that a court CAN discriminate if it meets certain criteria. They are in different levels or categories of discrimination. For example, some laws must be rationally related to furthering a legitimate government interest. In applying the rational basis test, courts begin with a strong presumption that the law or policy under review is valid.

National Protest on DOMA—Michael Lehet (Flickr.com)

When some constitutionally suspect classifications (race, religion, alienage, or national origin) are not at issue, nor are any fundamental constitutional rights at stake, a law must be upheld if there is any “reasonably conceivable state of facts that could provide a rational basis for the classification” (United States Railroad Retirement Bd. v. Fritz, 449 U.S. 166, 101 S. Ct. 453, 66 L. Ed. 2d 368 [1980]).

The Justice Department has recently said that they have no rational basis for discriminating against gays and lesbians. That means that the government is actually saying that they have not Rational Basis for discrimination. That means that there is no defense for it under the 14th Amendment analysis.

Ripped form the headlines:

Via the Huffingtonpost – BOSTON — An appeals court ruled Thursday that a law that denies a host of federal benefits to gay married couples is unconstitutional.

The 1st U.S. Circuit Court of Appeals in Boston said the Defense of Marriage Act, which defines marriage as a union between a man and a woman, discriminates against gay couples.

The law was passed in 1996 at a time when it appeared Hawaii would legalize gay marriage. Since then, many states have instituted their own bans on gay marriage, while eight states have approved it, led by Massachusetts in 2004.

The appeals court agreed with a lower court judge who ruled in 2010 that the law is unconstitutional because it interferes with the right of a state to define marriage and denies married gay couples federal benefits given to heterosexual married couples, including the ability to file joint tax returns.

During arguments before the court last month, a lawyer for gay married couples said the law amounts to “across-the-board disrespect.” The couples argued that the power to define and regulate marriage had been left to the states for more than 200 years before Congress passed DOMA.

An attorney defending the law argued that Congress had a rational basis for passing it in 1996, when opponents worried that states would be forced to recognize gay marriages performed elsewhere. The group said Congress wanted to preserve a traditional and uniform definition of marriage and has the power to define terms used to federal statutes to distribute federal benefits.

Since DOMA was passed in 1996, many states have instituted their own bans on gay marriage, while eight states have approved it, including Massachusetts, Connecticut, New York, Iowa, New Hampshire, Vermont, Maryland, Washington state and the District of Columbia. Maryland and Washington’s laws are not yet in effect and may be subject to referendums.

Last year, President Barack Obama announced the U.S. Department of Justice would no longer defend the constitutionality of the law. After that, House Speaker John Boehner convened the Bipartisan Legal Advisory Group to defend it.

Another Federal Court Slams DOMA San Francisco Bay Times Another Federal Court Slams DOMA. San Francisco Bay Times. One the challenge to Prop 8 waiting for full Ninth Circuit to decide whether or not to take appeal two the Massachusetts DOMA case fully argued and waiting for ruling from three-judge First Circuit panel three the Golinski DOMA case Ninth Court denies request to speed up appeals process for Defense of Marriage ActDaily Bruin. Gay marriage Judge overturns DOMA stepping up pressure on Supreme CourtMinnPost.com. Boston court US gay marriage law unconstitutionalBoston.com. all 4 news articles.…

POTUS weighs in on DOMA and JP Morgan Chase CNN blog UPI.com. POTUS weighs in on DOMA and JP Morgan Chase. CNN blog Washington CNN Less than a week after President Barack Obama made history by endorsing same-sex marriage the president would not commit to fighting to have the Defense of Marriage Act commonly known as DOMA be repealed. Obama DOMA is a bad ideaUPI.com. Obama Sets Goal of Repealing DOMAThe Atlantic Wire. The View Obama stops short on committing to fight to repeal DOMALGBTQ Nation. The New Civil Rights Movement Washington Post Politico. all 4,043 news articles.…

You may also remember an article on this site about DOMA and hypocritical people. It was a classic that this terrible woman spent her life working against something just to turn around after being paid to say the opposite since it meets her current situation. Jerk alert!

Another US District Court finds no rational basis for DOMA treatment of same Business Insider Another US District Court finds no rational basis for DOMA treatment of same Business Insider. by Linda Beale In a case that will add weight to the likelihood that the Supreme Court will finally take a case to decide the constitutionality of the so-called defense of marriage act DOMA the US district court for Northern California District Pelosi Spokesman Speaker Boehner Strikes Out Again Another Federal Court PressZoom press release all 2 news articles.…

So, what does this mean? Exactly what you think. DOMA is unconstitutional. That means that all of the state amendments to the constitution are about to fully challenged, and with good results likely to follow.

Walmart Accused of Bribery & Cover Up in Mexico!

Joseph McClelland — Mon, 23 Apr 2012 13:05:09 +0000

original photo has been altered by Joseph P. McClelland

Walmart is being accused of some serious things in the news today. The allegation is that a top executive for Walmart in Mexico uncovered bribes for all types of things in Mexico. The steps that may get them into more hot water is what happened or didn’t happen next. The allegation is that they covered it up and did nothing.

See this article: Government officials have not commented on the allegations contained in a New York Times report published Saturday that said Wal-Mart Stores Inc. failed to notify law enforcement after its own investigators found evidence that millions of dollars in bribes had been paid in Mexico to spur the company’s rapid expansion there.

One of every five Wal-Mart stores now is in Mexico and it is that country’s largest private employer, with 209,000 employees there.

The Times said Wal-Mart shut down its internal probe despite a report by its lead investigator that Mexican and U.S. laws likely were violated by executives of its biggest foreign subsidiary, Wal-Mart de Mexico.

Mexico’s Attorney General’s Office said the probe involved six officials at two federal agencies and two state governments who allegedly took bribes from Oklahoma-based BizJet International Sales and Support Inc. in exchange of work contracts. Prosecutors said the case involved about $2 million in bribes for contracts worth at least $24 million.

See the Foreign Corrupt Practices Act, the Foreign Corrupt Practices Act of 1977 FCPA 15 U. S. C. 78dd-1 et seq. of 1934 and another concerning bribery of foreign officials, and bribery which is an act of implying money or gift giving that alters the behavior of the the Foreign Corrupt Practices Act contains an.…

Wal-Mart silenced Mexican bribe inquiry NY Times Today’s Most Interesting News San Francisco Luxury News Wal-Mart silenced Mexican bribe inquiry NY Times Today’s Most Interesting News San Francisco Luxury News. The store will open on January 25 and it will be Wal-Mart’s largest outlet in Chicago. By Nivedita Bhattacharjee Reuters Wal-Mart Stores Inc the world’s largest retailer squelched an internal investigation into allegations of bribery at its.…

If Walmart Is Bad for the Environment What About New York Nevermind the Bribes New York Observer New York Observer. If Walmart Is Bad for the Environment What About New York Nevermind the Bribes. New York Observer. First there was the New York Times story about executives hushing up a vast Mexican bribery conspiracy to win market dominance. And now in celebration of Earth Day a local opposition group is going after the company’s environmental record. Walmart and more.…

Wal-Mart probe lifts lid on culture of bribery in Mexico Reuters CTV.ca. Wal-Mart probe lifts lid on culture of bribery in Mexico. Reuters. 1 retailer or a humble street vendor paying public officials a bribe may be the quickest way to get your business growing in Mexico. The New York Times reported this weekend that Wal-Mart Stores Inc investigators probing its Mexican operations found a Walmart bribes scandal in MexicoBusiness Day. Wal-Mart silenced Mexican bribe inquiryCNBC.com. Wal-Mart investigates Mexico bribery allegationAngolaPress. all 989 news articles.…

Joseph P. McClelland, LLC

Is ABC Paying for George Zimmerman’s Legal Defense? Ask Casey Anthony’s Lawyer

Joseph McClelland — Sat, 21 Apr 2012 14:57:46 +0000

UPDATE: Wife of George Zimmerman, Shellie Zimmerman, has just been charged with one count of perjury. It is alleged that she was not truthful about the finances of the couple at the bond hearing. The bond was set by the judge having been told the wealth of the couple. Based upon the information at the hearing the judge set the bond at $150,000. However, the prosecution is not alleging that she did not tell the truth. If that is true, that means that the bond, which was already revoked, could be revoked. It also means that could see some jail time, but not too much. Although if you have never been to jail, one second is one second too much. George is currently behind bars as of this article.

Want a good media fight? Well, you need a good story. You also need that story to drip feed your views or readers with information and juicy gossip over a substantial period of time. Plus, can someone get me a bloody head photo exactly when we want it to push a story? Okay, someone call ABC News. They still pay, cough, license photos, right? We all agree that is acceptable, right? It didn’t play any role in helping to set Casey Anthony free, right?

money—401K (Flickr.com)

Do you think George Zimmerman’s lawyers are free? Do you think an average Joe lawyer would take this case pro bono and represent Zimmerman? Do you think the public defender’s office could handle this case? If he could not qualify for a public defender, would a normal criminal lawyer take on such a high profile case with a normal retainer of a few thousand dollars? No! No way. The amount of time this attorney has already put into the case is well beyond the average case he handles in its entirety.

So, what gives? Who is paying for George Zimmerman’s legal defense/lawyers?

How can Mr. Zimmerman pay for such quality legal defense? How could Casey Anthony pay for her legal defense?

Now, is this an investigative blog? No, I am a lawyer and I just write my opinions. But, what I see is a potential redo of the Casey Anthony story. A super defense put on by the money potentially paid to them by ABC News. That is more or less what happened in the Casey Anthony trial.

Do I need to accuse ABC of paying people to license photos or interviews in the future from him or others, no because they have a bad issue of perception, they should do it themselves. That bloody photo was too juicy and with perfect timing. It is just too easy to make this connection. The ball is in their court to disprove they have no financial gains from this nor paid any money to the Zimmerrman’s or any fund whatsoever. I mean they are showing up with an awesome photo right on the mark right after they already pulled such an uncool stunt over in Florida. So, just who is paying the legal bills for George Zimmerman?

The last famous trial had ABC doing the same, then later admitting to paying for the photos or paying to license to photos if you prefer to parse information like they do. Money paid is money paid. It changed the trial. If that is the case, and I am not saying that it is, this will be a big, ugly, racist Rorschach trial. Thanks ABC for this and for Modern Family (the only thing you do right).

See this article:

ABC’s Payment to Casey Anthony Raises Questions about Ethics, Checkbook Journalism

Baez: $200,000 came from a deal that was done by my client with the American Broadcasting Companies.

A prosecutor asked: From where, sir?

Baez: ABC.

Prosecutor: ABC News?

Baez: Yes.

Prosecutor: And that money’s been paid?

Baez: Yes.

Prosecutor: And there’s no other deal for any future monies coming from ABC News?

Baez: No. And I’ve heard the recent rumors … and the recent news reports, but those are 100 percent completely false.

Judge Stan Strickland: Since we have referenced the rumors about the money to come …

Baez: Apparently there is some rumor that was being spread that apparently I’m supposed to get $700,000 at trial.

Reporter: What did ABC get for their $200,000?

Baez: Those were for licensing of photos and nothing else.

Casey Anthony Lawyer Jose Baez ABC News Money Paid For Defense VIDEO Huffington Post mediabistro.com. Casey Anthony Lawyer Jose Baez ABC News Money Paid For Defense VIDEO Huffington Post. Casey Anthony’s lawyer Jose Baez made a huge admission about ABC News controversial payment to his client in an interview that aired on Tuesday. PBS Frontline investigated the reliability of forensic evidence for The Real CSI. Casey Anthony Lawyer ABC News Money Allowed Them to Mount a Proper Defense’mediabistro.com. all 3 news articles.…

Zimmerman does want donations, so if you are NBC or CBS or even CNN, feel free to drop him some cash to make this trial last forever. Motions are not free. Even press conferences cost the lawyer his time and money. You do want press conferences don’t you…to sell more soap?

“I have created a Paypal account solely linked on this website as I would like to provide an avenue to thank my supporters personally and ensure that any funds provided are used only for living expenses and legal defense, in lieu of my forced inability to maintain employment,” Zimmerman put on his blog. “I will also personally, maintain accountability of all funds received. I reassure you, every donation is appreciated.”

For those interested in donating money to him, track down the website yourself. I do not have any opinion except that everyone has a right to fair trial. I have seen honest cops and dishonest cops. I have seen ethical lawyers and unethical lawyers. I know that when I represent a client, what I think in the beginning of the case may differ from what I think at the end.

Do we remember Terri Schiavo?

Casey Anthony Used Money From ABC News To Pay For Legal Expenses Cinema Blend The Inquisitr. Casey Anthony Used Money From ABC News To Pay For Legal Expenses. Cinema Blend. As the Casey Anthony trial progressed many observers wondered how a twenty-two-year-old who lived at home with her parents could possibly afford so many legal experts. After all convincing learned scholars in various fields to review evidence and Casey Anthony Lawyer ABC Paid For Our DefenseTMZ.com. Casey Anthony’s Lawyer Thanks ABC News Says Network Paid For Winning DefenseThe Inquisitr. Casey Anthony’s Defense Paid for by ABC Can You Say Boycott Gather.com.

ABC News Photo Shows George Zimmerman Had Bloodied Head WBUR Telegraph.co.uk. ABC News Photo Shows George Zimmerman Had Bloodied Head. WBUR. A photograph published by ABC News this morning shows what the network says is the head of George Zimmerman covered in blood. ABC News says the picture was taken minutes after Zimmerman shot Trayvon Martin to death. The 28-year-old neighborhood watch ABC Exclusive New Zimmerman Photo Shows Bloodied Back of Head. Warning Fox News. ABC News Photo taken after Trayvon Martin shooting shows bloody George ZimmermanPalm Beach Post. New Photo Emerges in Zimmerman Case.

ABC News Photo taken after Trayvon Martin shooting shows bloody George Zimmerman Palm Beach Post USA TODAY. ABC News Photo taken after Trayvon Martin shooting shows bloody George Zimmerman. Palm Beach Post. Seminole County ABC News exclusively obtained a graphic photograph of George Zimmerman’s head covered in blood that was taken just three minutes after the shooting that left 17-year-old Trayvon Martin dead. The picture shows two cuts on the back of Report New photo shows George Zimmerman’s bloody headOrlando Sentinel. Game-changer bombshell Bloody photo of Zimmerman releasedExaminer.com. New photo shows Zimmerman’s bloody head.

In updated news, George Zimmerman was released from jail today, Monday 23rd of April.

This article was published by Joseph P. McClelland, LLC. Read some of our favorite articles from these categories: Fake Legal News, Settlements & Verdicts, and Lawyer Attorney. If you really like local articles, try on Atlanta Injury Lawyer for size. Have a great day and thanks for reading ABC Paying for George Zimmerman’s Legal Defense? Leave a comment to show your love!

George Zimmerman Bail Set $150,000

Joseph McClelland — Sat, 21 Apr 2012 14:00:30 +0000

Zimmerman Gets Bail Set at $150,000

Super Controversial article about who might be paying for George Zimmerman’s defense here…

What is bail? Bail is a monetary promise to return to the next and future court hearings. If you do not come, the District Attorney will ask that bond be forfeited and warrant for arrest issued. This is sometimes referred to as jumping bail. So, in this case the bond of $150,00 will be given to the court for good if he does not appear before the court. He will get the money back if he does regardless if he is later found guilty or not guilty.

8th Amendment to the Constitution

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Bond is usually given if the person is not a threat to flee the jurisdiction. Certain events can trigger a hold. If the person was already on probation, then you will have a difficult time getting the judge to issue bail. Mr. Zimmerman was not on probation according to reports.

Most attorneys were in agreement that bail would be set in this case. Therefore, this ruling was not particularly newsworthy to most practicing lawyers. However, the attorney for Zimmerman is getting some high remarks for his appearance in court. ”I thought it was a really great thing to do,” said Tom Mesereau, attorney for Michael Jackson and actor Robert Blake. “He used the hearing to get information that can only help his defense. What was supposed to be strictly a hearing for bail, he used it as a discovery device, and was able to nail the investigator into making very, very pointed statements about the investigation and about what evidence they have.”

George Zimmerman—DonkeyHotey (Flickr.com)

“I wanted to say I am sorry for the loss of your son. I did not know how old he was. I thought he was a little bit younger than I am. I did not know if he was armed or not,” Zimmerman said.

“His face was swollen quite a bit. He had a protective cover over his nose. His lip was swollen and cut. And there were two vertical gashes on the back of his head,” the Mr. Zimmerman’s father testified.

Zimmerman gets bail apologizes to Martin family CNBC.com My Fabulous Style. Zimmerman gets bail apologizes to Martin family. CNBC.com. SANFORD Florida Reuters George Zimmerman apologized to the family of the black Florida teenager he shot dead in a surprise witness stand appearance on Friday and moments later a judge agreed he could be released on 150000 bail in the racially George Zimmerman gets bail apologizes to Trayvon Martin’s parents with video The Province. Zimmerman Gets 150000 Bail Says I am Sorry for the Loss of Your Son’First Coast News. George Coon Hunting Zimmerman Gets Bail And Speaks LoudlyBlack Star News. My Fabulous Style. all 4,205 news articles.…

George Zimmerman apologizes Video Washington Post blog George Zimmerman apologizes Video Washington Post blog By Melissa Bell George Zimmerman was in court Thursday asking a Florida judge to be let out of jail on bail while he awaits trial for the killing of Trayvon Martin. After testimony from his family members Zimmerman took the stand and apologized to and more.…

See our article on the Trayvon Martin case told by photos and tweets.

George Zimmerman bail set at 150000 WXIA-TV WXIA-TV. George Zimmerman bail set at 150000. WXIA-TV. On the stand Zimmerman speaking to Martin’s parents said I am sorry for the loss of your son. Zimmerman’s attorney Mark O’Mara also requested that Zimmerman be allowed to reside away from Florida. Lester said O’Mara and the state should get.…

Joseph P. McClelland, LLC

Johns, (Ted) Nugent and Bears, Oh My! Secret Service, Black Bears & Obama Threats

Joseph McClelland — Sat, 21 Apr 2012 11:00:10 +0000

This blended story has is all. Sex and prostitution, check. Rock and Roll, check. Guns, check. The President of the United States, check. International scandal, check. Illegally smuggled black bears, check. Buckle Up.

Story #1

Rocker Ted Nugent, see joke below, has pleaded guilty to transporting a black bear he illegally killed in southeast Alaska. He also pleaded guilty to being a third degree douche bag, a misdemeanor in most states.

Nugent made the admission in signing a plea agreement with federal prosecutors that was filed Friday in U.S. District Court.

Calls seeking comment from Nugent, his Anchorage attorney, Wayne Anthony Ross, and assistant U.S. Attorney Jack Schmidt were not immediately returned. Reports indicate that …insert joke about cat scratch fever…

Ted Nugent Mitch Miller and the Sing-Along Gang Sc…—Epiclectic (Flickr.com)

The plea agreement says Nugent illegally shot and killed the bear in May 2009 on Sukkwan Island days after wounding a bear in a bow hunt, which counted toward a state seasonal limit of one bear.

According to the agreement, the hunt was filmed for his Outdoor Channel television show “Spirit of the Wild.”

The document says Nugent knowingly possessed and transported the bear in misdemeanor violation of the Lacey Act and Lacey Act of 1907, authored by Iowa Congressman John F. Lacey revised federal Indian Law.

Story #2

Moving to the next story, Ted Nugent thought it cool to threaten, allegedly, the president. Here are his quotes.

“I will either be dead or in jail by this time next year.” “We need to ride into that battlefield and chop their heads off in November,” and “if Barack Obama becomes the next president in November, again, I will either be dead or in jail by this time next year.”

18 USC § 871 – THREATS AGAINST PRESIDENT AND SUCCESSORS TO THE PRESIDENCY

(a) Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States, the President-elect, the Vice President or other officer next in the order of succession to the office of President of the United States, or the Vice President-elect, or knowingly and willfully otherwise makes any such threat against the President, President-elect, Vice President or other officer next in the order of succession to the office of President, or Vice President-elect, shall be fined under this title or imprisoned not more than five years, or both.

(b)

The terms “President-elect” and “Vice President-elect” as used in this section shall mean such persons as are the apparent successful candidates for the offices of President and Vice President, respectively, as ascertained from the results of the general elections held to determine the electors of President and Vice President in accordance with title 3, United States Code, sections 1 and 2. The phrase “other officer next in the order of succession to the office of President” as used in this section shall mean the person next in the order of succession to act as President in accordance with title 3, United States Code, sections 19 and 20.

Story #3

Want some sex? I mean, in a story about government and law? Your getting it, so just sit there and take it. With that said, the secret service wasn’t being too discrete this week on an international trip to Brazil as the President of the United States discussed topics as drugs, sex trade and prostitution. So, what is the story. It is short…Okay, some of the secret service guys hired some prostitutes and then failed to pay them. They created a stir and media jumped on it.

One question that is the most important: Did they put our president in danger or was this their time off/to get off?

You can read some updates on the story. It pretty much is a few will start to quit. More will quit, then a few more will follow. We will all forget. Republicans will try to blame Obama even though it is the Treasury Department that controls them. And no one controls the Treasury Department (deep political commentary)!

More Secret Service agents out as Colombian sex scandal grows MiamiHerald.com The Guardian. More Secret Service agents out as Colombian sex scandal grows. MiamiHerald.com. Colombia has launched an investigation into whether underage women were involved in a prostitution scandal involving the Secret Service as more agents resigned. People walk past Hotel El Caribe in Cartagena Colombia late Thursday April 19 2012. Colombia probes Secret Service scandalSky News Australia. The secret service prostitution scandal it’s about more than national security.

0112 Secret Service plain clothes protective servi…—mdfriendofhillary (Flickr.com)

12th Secret Service agent implicated in prostitution scandal three more quit msnbc.com The Associated Press. 12th Secret Service agent implicated in prostitution scandal three more quit. msnbc.com. By NBC News and msnbc.com staff Updated at 6 53 pm ET A 12th Secret Service agent is under investigation in the Colombian prostitution scandal the agency said Friday. Meanwhile three more agents resigned and one was cleared of serious misconduct. Three more Secret Service members resignUSA TODAY blog Three more Secret Service Agents resignReuters. Three more agents leaving Secret Service in prostitution inquiryLos Angeles Times.

Citigroup, Dodd Frank & Vikram Pandit – Shareholders Sue for Excessive Pay

Joseph McClelland — Sat, 21 Apr 2012 01:58:33 +0000

Citigroup Inc Chief Executive Vikram Pandit and the bank’s directors have been sued for allegedly giving paying top executives at the bank too much money. The case is Moskal v. Pandit et al, filed in the U.S. District Court, Southern District of New York, with a case No. 12-03114.

The complaint filed Thursday in Manhattan federal court accuses directors of breaching their fiduciary duties by give over $54 million of compensation to executives, including $15 million to Pandit, himself. Here is the relevant language of the Dodd-Frank Act:

PROHIBITION ON CERTAIN COMPENSATION ARRANGEMENTS.—

… prohibit any types of incentive-based payment arrangement, or any feature of any such arrangement, that the regulators determine encourages inappropriate risks by covered financial institutions—

(1) by providing an executive officer, employee, director, or principal shareholder of the covered financial institution with excessive compensation, fees, or benefits; or (2) that could lead to material financial loss to the covered financial institution.

: Wallstreet—Jason A Howie (Flickr.com)

At Citigroup’s annual meeting, 55 percent of shareholders rejected Pandit’s pay package. This is the very first time investors have ever rejected a pay package at a major U.S. bank.

That vote “has cast doubt on the board’s decision-making process, as well as the accuracy and truthfulness of its public statements,” the complaint said. “Absent this (lawsuit), the majority will of the company’s stockholders shall be rendered meaningless.”

Spokeswomen for Citigroup did not immediately respond to requests for comment.

Shareholders won the right to vote on executive pay at most public companies under the 2010 Dodd-Frank Act. Many analysts remained skeptical the “say on pay” votes would matter much.

Citigroup director called the rejection of Pandit’s pay package a “serious matter”.

Pandit was paid a symbolic $1 in 2010, but that is not the case in this year.

Barney Frank’s Reaction to Citigroup Being Sued by Shareholders

“The vote at Citigroup was important, not only given the significance of Citigroup as a leading financial institution, but also because I believe it will encourage shareholders throughout the financial sector to take their responsibilities seriously,” he said in a statement. “And the result should be a reduction in the excessive levels of compensation to financial company executives that will leave them still extremely well compensated, but not as poster children for unfairness in our country.” He was super happy with himself, said his lover.

Thursday’s lawsuit was brought by Stanley Moskal, a Citigroup shareholder. It seeks to force Pandit, Parsons and other Citigroup directors to pay damages to the bank, and for Citigroup to bolster internal controls.

Citigroup Sued Over Executive Pay Packages CNBC.com ABC News. Citigroup Sued Over Executive Pay Packages. CNBC.com. Days after being rebuked by shareholders Citigroup Chief Executive Vikram Pandit and the bank’s directors have been sued by a shareholder accusing them of awarding outsized pay to top executives. The complaint filed Thursday in Manhattan federal Citi’s Pandit Sued Over Excessive CompensationForbes. Citigroup Shareholder Sues Over Executive CompensationABC News. Citi shareholders sue Pandit board over exec payChicago Tribune.…

Why Citigroup Will Likely Be Sued Over Vikram Pandit’s Pay CNBC.com New York Times. Why Citigroup Will Likely Be Sued Over Vikram Pandit’s Pay. CNBC.com. As DealBook’s Steven Davidoff explains Citigroup may also face litigation. In a number of other cases shareholder plaintiffs lawyers have sued after votes rebuffed pay packages claiming that the board of directors breached its fiduciary duties or Citigroup Has Few Options After Pay VoteNew York Times. An Uprising Against Piggish CEO Pay At LastForbes. Citi shareholders have slim chance of enforcing say-on-pay vote.…

America Loves to Watch Its Too-Big-To-Fail CEOs Squirm TIME America Loves to Watch Its Too-Big-To-Fail CEOs Squirm. TIME. He writes that many other companies have been sued by shareholders after they ignored say-on-pay votes. He adds Citigroup is such a big target the chances of it escaping such a suit are very low unless Mr. Pandit gives back all of this compensation. and more.…

Citigroup Slapped With Shareholder Lawsuit NYSE C Wall St Under the 2010 Dodd-Frank Act shareholders at most public companies won the right to vote on executive pay. But many analysts are skeptical as to whether the say on pay votes really matter. Citigroup spokeswoman.…

Shareholders reject 15 million pay raise for Citigroup’s CEO The While Dodd-Frank mandates shareholders at all companies not just banks get a vote on executive compensation each year companies don’t have to comply with those votes. It’s not clear what Citi will do. Effectively 55 of.…

Don’t Forget Some of our classics including: Atlanta Injury Lawyer, Driving Laws, Georgia Personal Injury, Fake Legal News and others such as articles on Obama’s Never Impeachment/14th Amendment, Mitt Romney Baptizing Jewish Voters, Accident articles, and Alan Grayson in 60 seconds All from your favorite Atlanta attorney, Joseph P. McClelland.

Nigerians Scam Law Firm – Saves King’s Fortune!

Joseph McClelland — Wed, 18 Apr 2012 10:00:25 +0000

You know all of those emails you get that sound too good to be true? You know all of those emails are just scams, right? Did you know that people fall for them everyday. If they didn’t, those emails would stop flowing. But they don’t because they work.

Nigeria map, lego africa—shroncin (Flickr.com)

This story is about a business that got scammed. In fact, the business is a law firm and it wasn’t for just a few bucks. It was for $396,500. Not chump change in my book.

Scammers just got a big fish, a Minnesota law firm. It is being reported that Milavetz, Gallop & Milavetz got scammed. Are they embarrassed? Not sure. Are they going to go after those pesky internet scammers in Nigeria? No. So, what are they going to do and who are they suing? This is a legal blog about law suits and law, isn’t it? Yes, it is and they are not suing who you think.

Wait for it.

Wells Fargo! That is right. Milavetz, Gallop & Milavetz is suing the big bank of Wells Fargo. The firm makes a great point.

The law firm claims they got a check from a client and deposited the check in the bank. The law firm communicated with Wells Fargo. According to the complaint, Wells Fargo said the check had cleared. After being given assurances that funds were in the account, the law firm started cutting checks. So, what is the big deal? What ever could have gone wrong? You guessed it! That check just went ahead and decided to bounce (said in a southern, country grandma voice).

“Wells Fargo did not issue the wire transfer in good faith because it failed to notice numerous red flags surrounding the circumstances of the transaction and the appearance of the check,”

“We believe the allegations have no merit,” the statement read. “We will vigorously defend, and expect to prevail.”

These are not scammers from the story. These are just normal, happy Nigeria internet lovers, Internet frenzy—oneVillage Initiative (Flickr.com)

This article was written by Joseph P. McClelland, attorney and author. Joseph P. McClelland, LLC represents clients in family law, general litigation, business law, personal injury and wrongful death cases. He is a member of the New York and Georgia Bar Associations.

For more articles on this topic around the web:

Law firm suing bank after losing 400G to Nigerian scam Fox News - The Inquisitr. Law firm suing bank after losing 400G to Nigerian scam. Fox News. Since when does a law firm need a bank to save it from falling for a Nigerian scam That’s the case in Minnesota where a firm of legal eagles that got tricked out of nearly 400000 in a scam that has cost more than 80 law firms and attorneys some 31 Law Firm Sues Wells Fargo Bank Over 400000 Nigerian ScamThe Inquisitr. Lawyer falls for Nigerian e-mail scam sues Wells Fargo.

I just got a scam in my corporate/law firm email:
Dear Friend,

I am SSgt. Mark George, a US serving in the Hqs. Multinational Corps
Afghanistan, III Corps-Camp Victory, which Patrols the Kabul province. I am
desperately in need of assistance and I have summoned up courage to contact you.
I am presently in Afghanistan and I found your contact particulars in an
internet address journal. I am seeking your assistance to evacuate the sum of
$12,570,000(Twelve million Five Hundred and Seventy Thousand USD) to the States
or any safe country of your choice, as far as I can be assured that it will be
safe in your care until I complete my service here. This is no stolen money and
there are no dangers involved. Actually it is part of funds that we discovered
from the residence of fleeing Opium farmers in Afghanistan.

I have now found a secured way of getting the package out of Afghanistan for you
to pick it up. I do not know for how long I will remain here as I have been
lucky to have survived 2 suicide bomb attacks by Pure Divine intervention. This
and other reasons put into consideration have prompted me to reach out for help.
If it might be of interest to you then endeavor to contact me and we would work
out the necessary formalities, but I pray that you are discreet about this
mutually benefiting relationship.

Minnesota Law Firm Milavetz Gallop Files Suit Blaming Wells Fargo for Loss in ABA Journal - Courthouse News Service. Minnesota Law Firm Milavetz Gallop Files Suit Blaming Wells Fargo for Loss in ABA Journal. Milavetz Gallop fell victim to the scam when someone claiming to be a 40-year-old Korean woman hurt in Minnesota told the firm she needed help securing a 400000 legal settlement report the Minneapolis Star Tribune and Courthouse News Service. Law Firm Claims Bank Cost It 400000Courthouse News Service. Wells Fargo didn’t block fraud loss lawsuit saysMinneapolis Star Tribune. Law Firm Says Wells Fargo is at Fault for its Fraud.

US law firm burned in scam blames the bank Financial Post - US law firm burned in scam blames the bank. Financial Post. Fox News reports on a Minnesota firm that was burned for 396500.00 in a bogus debt collection scheme. This case was similar in that a client retained the firm of Milavetz Gallop Milavetz in Edina Minnesota for assistance in collecting a debt.

WHAT DO YOU THINK? IS WELLS FARGO RIGHT OR IS THE LAW FIRM?

OR POX ON BOTH HOUSES?

Lawyer’s Fees Cost Him Career – Flat Fee Gets You Disbarred?

Joseph McClelland — Tue, 17 Apr 2012 13:00:10 +0000

Handcuffs, Handcuffed Hands Vector Illustration—Vectorportal (Flickr.com)

Can you imagine any profession where someone can lose their ability to earn a living because of the price they charge? The free market people must be freaking out. Can your florist be told by the government that their price for roses has cost them their job? Is that American?

How about the other side? Can any profession charge whatever they want? I am not sure. I think there are some restrictions on health care prices after Obamacare and regulations on electricity/energy companies that take government money/monopolies. I am not really sure, though. I can’t think of any profession that is regulated like lawyers.

An attorney was recently suspended for charging a flat fee instead of an hourly rate!

Who regulates lawyers? The bar association of the state regulates attorneys in that state.

You must be thinking that the guy this lawyer represented must have been a wrongly accused priest, right? Wrong. The guy traveled to a city with the intention of having sexual contact with a person he believed to be a 14-year-old girl with whom he had been chatting online. The girl actually was an undercover Clinton County’s Sheriff’s deputy, according to the Quad City Times, and the Clinton County District Court dismissed the charge against Halverson after a federal charge was filed. The accused retained a different attorney to represent him in federal court, according to court documents.

Vilmont spent only 3.7 hours on the case and made $2500. What is the big deal?

William Vilmont, the attorney, got a 30 day suspension for charging a $2,500 nonrefundable retainer. This is big government at its worst.

Flat fee pricing has been all of the rage in recent years. It works better for the client, in many circumstances. Here is an article from this week: Attorney Kendall Jones Launches Flat Fee Legal Services Business PR.com press release. So, should they be disbarred? I don’t think so.

I always think something is up when strange things happen. Something is more than it seems. We don’t know facts that are on the table.

Had the fee been labeled a flat fee which was nonrefundable, would there be a problem? Hard cases make bad law. This is a case that has bad law thrusted upon it. I do flat work fee. Some cases I make more per hour, but some cases I make less. At times I have to do more that I orginally thought when I took the case. Other times my attorney fee being flat worked to my advantage. I took the risk. The client took the risk. That is our business. That is our business deal. This is America. We have freedom to contract over legal goods and services. This is an activist court going to far.

The one thing that stands out to me is the fact that this is a conservative state. How can conservatives interfere with the free market and the right to contract. Unbelievable.

By the way, the guy this attorney represented got 10 years in federal prison. Stay classy, guys. Look whose side you took!

Other Interesting Articles:

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WHAT DO YOU THINK? BUSINESSMAN OF THE YEAR OR CROOK? TELL US WHAT YOU FEEL! DARE YOU

The Murder of Trayvon Martin – Photos, Videos & Tweets

Joseph McClelland — Mon, 16 Apr 2012 21:23:24 +0000

Trayvon Martin shooting protest 2012 Shankbone 10—david shankbone (Flickr.com)

Trayvon Martin Rally Sit-In Sanford—werthmedia (Flickr.com)

NYC Protest for Trayvon Martin—World Can

Trayvon Martin Vigil—sleystl (Flickr.com)

Ydanis Rodriguez Trayvon Martin shooting protest 2…—david shankbone (Flickr.com)

Trayvon Martin shooting protest 2012 Shankbone 27—david shankbone (Flickr.com)

Trayvon Martin shooting protest 2012 Shankbone 26—david shankbone (Flickr.com)

Trayvon Martin shooting protest 2012 Shankbone 13—david shankbone (Flickr.com)

Trayvon Martin shooting protest 2012 Shankbone 14—david shankbone (Flickr.com)

Trayvon Martin shooting protest 2012 Shankbone 12—david shankbone (Flickr.com)

Trayvon Martin Rally Sit-In Sanford—werthmedia (Flickr.com)

The shooting of Trayvon Martin by George Zimmerman happened on February 26, 2012, in Sanford, Florida. Trayvon Martin, a 17-year-old African American male , was unarmed and returning back to where his dad was living. Mr. George Zimmerman is a 28-year-old man of mixed ethnic descent who was a community watch coordinator in that same neighborhood.

Martin was on the way home to his father’s girlfriend house in a gated community where he was staying when Zimmerman began following him. According to reports, Mr. Zimmerman called the Sanford Police Department to report what he described as suspicious behavior. The next thing we know, Mr. Zimmerman shot Martin once in the chest at close range. The issue of race immediately becomes a question for America.

Zimmerman told the police department that he shot Martin in self-defense because Martin attacked him unprovoked. According to leaked information from the police days after public outcry, Zimmerman was bleeding from the nose and had a wound on the back of his head. This information may or may not be disputed.

Police officers took Zimmerman into their custody, and transported him to the Sanford Police Department where he was questioned by investigators. Zimmerman was released without being charged because police said they did not find enough evidence to contradict his story of self-defense. The public outcry was intense. People wanted him arrested. Justice was called for.

Then, he was arrested.

The lead homicide investigator reportedly said he did not believe it was self-defense and he wanted to charge Zimmerman with manslaughter, but the state attorney’s office said there was insufficient evidence for a conviction.

http://storify.com/tresjoepow/trayvon-martin-the-preamble

This article was written and curated by Joseph P. McClelland.