White Collar Charges Pileup – Mark J. Werksman

The Law Firm of Mark J. Werksman & Associates – White Collar Charges Pileup

State and Federal Agencies Can Pile Up White Collar Charges in Order to Force a Deal, but Attorney Mark J. Werksman Says You Can Fight Back

 State and Federal Governments Use Multiple Charges to Force Plea Deal Acceptance

Turn on any news broadcast and you’ll see images of violent crime, such as murder, drug selling, and assault, played almost nonstop. This is a direct correlation to the fact that when people think of crime, their automatic response is violent criminal behavior. Most people assume that typical violent crime or theft deals a major blow to the economy of the country, but they would be wrong. In fact, white-collar crime costs more to America than all other crimes combined. The impact that white-collar crime has upon our economy is estimated to be between $600-$750 billion dollars per year, which is about 5% of the country’s GDP. This is why state and federal governments take white-collar crime so seriously, and with the turmoil in the financial sector over the last few years, those agencies are turning over every rock in order to find wrongdoing. Yet it has been shown that many state and federal agencies can get overzealous in their prosecutions, and they use a number of tactics designed to pressure the defendant to make a plea deal. One of the most effective of these tactics is the use of piling up charges to overwhelm the accused.

Being charged with a white-collar crime is a traumatic experience, but the experience is compounded many times over when the defendant is facing charges from state and federal agencies. Experienced trial lawyers, such as Mark J. Werksman of the Law Firm of Mark J. Werksman and Associates, point out that these agencies have a great deal more manpower and financial resources at their disposal to be used in making a prosecution. The defendant may be hard pressed to keep up with everything that these agencies can bring to bear against him. Another issue is that charges can be filed from multiple agencies. An entire cornucopia of agencies can descend upon the accused and shower them with charges. Examples can include the Department of Justice, the Internal Revenue Service, the Security Exchange Commission, the Environmental Protection Agency, and so on.

When pressing charges, the accused normally doesn’t find themselves dealing with a single charge. The state and federal governments love to bury the defendant in a mountain of charges. What could be a simple clerical error could result in a separate charge every time that particular formula was used. If your business crossed state lines, then that one clerical error, already compounded by each use, yields another rash of charges for each state. Compounding the issue is that regulations change constantly, and many lawyers, such as Mark J. Werksman of the Law Firm of Mark J. Werksman and Associates, point out that many smaller companies have trouble keeping up with the latest regulations. A cynical person might say that such a constant flux of regulations may be designed to increase revenue by imposing fees or fines upon the unwary.

White-collar crimes carry severe penalties if convicted, and the use of piling up charges is designed to break the will of the defendant in order to make a plea deal. An accounting error for billing clients that the IRS and DOJ say is intentional may carry a five year jail term, but the fact that these agencies are making a separate charge for each bill submission to a client may mean that the defendant is facing hundreds of individual charges, each carrying that three year penalty. It’s at this point that the agencies in question begin to turn the screws in order to get the defendant to agree to a plea deal. This situation is very serious as the prosecuting agencies will definitely push for the maximum amount of jail time or fines if a conviction occurs. Some studies have shown that those who turned down a plea deal and were later convicted received a prison sentence that was three times higher than what was offered by the plea deal. As criminal attorney Mark J. Werksman notes, “The pressure for even an innocent person to accept a plea deal can be overwhelming when faced against the bureaucratic might of the federal government. Facing thirty to forty charges, each carrying a prison term of three to five years, is enough to make some defendants accept a plea deal for five years in order not to take the chance of losing their case at trial and then spending the rest of their life incarcerated.”

It is because of this intentional intimidation in order to secure a plea deal that makes the use of piling up of white-collar charges so effective. Yet it is possible for the accused to successfully fight back against those charges. The first, and most important, thing to do is to hire a qualified attorney, such as Mark J. Werksman of the Law Firm of Mark J. Werksman and Associates, that is experienced in the area of white-collar crime. Dealing with a byzantine labyrinth of local, state, and federal laws requires experienced counsel that can safely help you navigate through the bureaucratic shoals. Laws will differ depending upon the locale, and a good attorney will be able to weed out unwarranted charges that are just designed to frighten you into accepting a plea deal. Another useful aspect of having legal counsel is that they can negotiate on your behalf with the authorities. This might lead to reduced charges and a better plea deal. State and federal agencies have a lot of resources to use against you, so it behooves you to have someone standing by your side to defend you. Remember, it’s your Constitutionally-given right.

 

 

 

 

References:

1) http://www.acfe.com/rttn-highlights.aspx

2) http://www.hrw.org/node/120896/section/2

3) Quote from Mark J. Werksman, Criminal Trial Attorney

 

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Yes Means Yes

The Law Office of Mark J. Werksman and Associates

New “Yes Means Yes” Sexual Consent Law May Lead to Unintended Consequences Says Mark J. Werksman

New California Law Shifts Burden of Innocence to the Accused

It’s a hard thing for parents to let go when their children are old enough to head off to college, and it’s even harder when that child is a young woman. While parents can worry about their children maintaining good grades, making the right friends, and getting a good education, parents of young women have the additional burden of worrying about sexual assault on campus. The sad reality is that sexual assault is no stranger to higher education, and that number seems to be growing. In 2012, there were more than 3,900 reports of forcible sexual offenses on colleges throughout the country. This number represents a whopping fifty percent increase in just three years, and many experts predict that the actual number is much higher due to many victims not reporting the crime due to variety of factors, including a sense of shame.

California made national headlines recently when they passed legislation to address this problem. SB 967, or better known as the “Yes Means Yes” bill, passed 52-16 in the state assembly and unanimously in the state Senate and was then signed into law by Governor Brown. The law makes a markedly different approach to handling what is considered consent. In the past, college students were drilled with the mantra of “no means no” in order to impart that any time a woman said no to sexual intercourse, it would be considered rape if a man continued to force the issue. Now the law has shifted to where an active “yes” has to be declared, as stated in the bill, “Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. … Lack of protest or resistance does not mean consent, nor does silence mean consent.” However, criminal attorney Mark J. Werksman of the Law Firm of Mark J. Werksman and Associates says that this new law may lead to unintended consequences.

Chief amongst these unintended consequences is the new ambiguity that is now codified into law. A “no” response is extremely clear and easily understood, but the positive affirmation of yes that has to be asked and responded to multiple times, according to the law, is much more hazy. Defenders of the law say that nonverbal cues given out by the woman is enough to satisfy the “yes” requirement, but this not entirely true. One of the co-sponsors of the bill, Democratic Assemblywoman Bonnie Lowenthal, told the San Gabriel Valley Tribune that the affirmative consent standard is of a person physically saying “yes.” However, as Mark J. Werksman of the Law Firm of Mark J. Werksman and Associates points out, this new standard puts the burden on proof on the accused. When Bonnie Lowenthal was asked how an innocent person could prove consent under the new standards (short of having a written contract with notarization), her chilling reply was, “Your guess is as good as mine.”

This new burden of proof is troubling to many in the legal profession. Criminal attorney Mark J. Werksman has said, “Everyone that is accused of a crime is entitled to an effective defense, but the main criteria in our legal system is that the burden of proof to convict a person falls upon the government. SB 967 upends that long-cherished legal practice, and even one of the law’s co-sponsors says that proving your innocence against charges of sexual assault has become that much more difficult.”

Every person understands that sexual assault on college campuses is a serious issue. How local and state governments tackle that issue is where a great deal of disagreement arise. We have to remember that false claims of sexual assault do occur, and that the falsely accused may be forced to suffer both civil and criminal punishments. At the very least, the lives of those who are falsely accused are thrown into chaos, and it is quite possible for an innocent person to be sent to jail. Probably the most famous example of such a false accusation is the Duke lacrosse case back in 2006. Three members of the lacrosse team were accused of rape, and those young men were prosecuted by not only the legal authorities, but the faculty and students of the campus also condemned them. In the end, they were declared innocent in the court of law, but the damage had been done.

The new “Yes Means Yes” bill is sure to increase the number of reports, especially due to the fact that young people take more risks and the reality of alcohol consumption as a normal part of campus life. Now when a young man and women have a sexual encounter fueled by alcohol, the man faces the harsh reality that he could be accused of rape if the woman does not recall if he asked her if it was ok to continue and she said yes. The regret felt by such hookups the morning after can now lead to dire consequences under California’s SB 967.

So what is one to do under the new law? The only sure way to avoid any issues is to have proof of consent, which is understandably hard to acquire in the heat of the moment. Nothing says romance like having a form ready to be filled out and notarized. If a person is falsely accused under the new law, the Law Firm of Mark J. Werksman and Associates emphasize that the accused retain legal counsel immediately. Do not make any statements to the college institution, campus police, or any other entity. Inform them that you wish for a lawyer to represent you and remember that this is a protected right. Such legal counsel will then work on your behalf to make sure that your rights are not trampled by the “Yes Means Yes” law, no matter how well-meaning its intentions.

References:

1) http://www.washingtonpost.com/local/education/sex-offense-statistics-show-us-college-reports-are-rising/2014/07/01/982ecf32-0137-11e4-b8ff-89afd3fad6bd_story.html

2) http://time.com/3222176/campus-rape-the-problem-with-yes-means-yes/

3) Quote from Mark J. Werksman, Criminal Trial Attorney

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Weight Loss Products Hacking Pinterest

Nothing, but nothing peeves me more than weak marketers who must hack sites in order to spam us with their shitty ads. Their products are so pathetic, they can’t stand on their own. 

So today, I got a notice from Pinterest that I changed my password. No I didn’t! So I venture over to Pinterest and lo and behold there’s some skanky fat broad in her underwear claiming that I too could lose as much as she has. Yo. I’m not interested in your scammy nonsense. But it seems there are people who actually fall for this nonsense. In fact, my partner did! He proudly announced that he received a personal communication from Dr. Oz himself and well, if Dr. Oz say’s it’s good, it must be. So he orders this Garcinea (spelling who cares)  Extract that supposedly suppresses your appetite. He’s not even overweight and he orders the crap! So about two weeks after he falls for the scam of all snake oil scams, he announces, “I don’t think this shit does anything.” Right. But I digress.

We all need to be diligent in changing our passwords and alert others that this behavior on the internet is simply NOT ACCEPTABLE! Go away you stupid asses!

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Liquid Lift? A New Facelift without the Healing Time.

Liquid Lift?

I don’t know about you, but the thought of having an actual facelift kinda scares me. What if something goes wrong and I end up looking gruesome?  Admit it, you’ve gone to the celebrity internet sites and stared at plastic surgery gone wrong. What were they thinking? After all, some of our favorite stars, in pure desperation to remain young in a brutal business, have made some pretty disastrous choices. We even have terms, like “trout pout” to describe overdone, overfilled lips. One episode of The Housewives of Beverly Hills and you’ll know what that looks like. Every one of the women on that show have said, “filler up”.

The plain and simple fact is that as we age, the face begins to lose collagen and elastin which contribute to sagging facial features, skinny lips, angry looking brows and  bevy of other dreaded age foibles. You are probably like me. You just want to look rested and alive, the way you feel inside. With the advances in medicine and our health oriented lifestyles, we are actually living longer and feeling better than any of our ancestors ever did. Wrinkles, folds, lines, heavy lids, vertical lines around our mouths; the list goes on and on.  But lucky us, we have some remarkable tools to fight the battle of aging gracefully. These injectibles or fillers are amazing and are essentially non-surgical options. Introducing the Liquid Lift.

As we have been using these injectibles and fillers, we’ve noticed that there is a lifting effect. And with properly placed injections, we have been able to actually create the look of an actual facelift.

Some of these physicians refined techniques to focus on lifting and contouring, with an ancillary benefit of wrinkle reduction (rather than the other way around). This has spawned a somewhat revolutionary new approach in treating sagging facial features, which is called a Liquid Face Lift or non-invasive Facial Rejuvenation.

In broad terms, a non-surgical Liquid Face Lift can be undertaken to accomplish any of the following:

  1. Gentle lift of individual (or overall) facial features
  2. Reduced wrinkles, creases, line or folds
  3. Restoration of natural, curved facial contours
  4. A more rested, energetic look
  5. A friendlier smile

In some patients, the goal of a non surgical Liquid Lift is to lift the entire face. In others the goal is to lift or  contour certain areas.

For example, under eye bags and dark circles can be masked by using Liquid Facelift techniques; eyes can be opened up and lids lifted; jowls can be lifted and diminished; natural shape can be restored to flattened cheeks or temple areas; corners of the mouth can be lifted; bumps on the nose can be hidden; as well as several other facial feature benefits. Many of these conditions and contouring procedures will be discussed with you during your FREE facial analysis, as well as treatment procedures for a variety of wrinkles, folds and lines.

A Liquid Face Lift involves the use of advanced dermal fillers, usually in combination with BOTOX® or Dysport®. The dermal fillers used are among a group of 2nd generation injectables that provide more enduring results than earlier products. The new group of 2nd generation, advanced dermal fillers includes JUVEDERM® Ultra, JUVEDERM® Ultra Plus, Radiesse®, Restylane®, Perlane® and several others.

Each of these dermal fillers has unique attributes that work in their own special way to rejuvenate specific areas of the face. In general, dermal fillers replace lost volume in the face or help the body regenerate its own collagen. Precisely placed, the dermal fillers can be used to lift or contour any number of facial features.

It is common knowledge that BOTOX® and Dysport®procedures act to temporarily paralyze the muscles, thus minimizing or eliminating unwanted lines and However, BOTOX® is also used in conjunction with the dermal fillers to provide added lift and to help the endurance of the dermal fillers. In the face, there is a constant tug of war among muscles that pull up (levators) and muscles that pull down (depressors). BOTOX® is placed in the depressor muscles to relax the downward pull and to let the upward-pulling muscles win, providing a lift to various facial features. It is now believed that muscles may lose some of their memory for frowning with repeated treatments, and less frequent visits may be required.

All of the products discussed on this site are FDA-approved for treatment of at least one area of the face. The manufacturers rarely seek FDA approval for multiple cosmetic uses. However, once approved, physicians may use any of these products for other cosmetic uses, known as off label usage.  Most plastic surgeons, dermatologists and other physicians who regularly use dermal fillers and BOTOX® in cosmetic medical procedures perform both on-label and off-label procedures for non-surgical treatments for facial rejuvenation.

Not only is product choice important, but it is fundamental that the physician take into account a patient’s unique facial characteristics and goals when performing a Liquid Face Lift procedure. Each person has unique facial features and individual skin types, as well as varying degrees of skin damage, collagen depletion and skin laxity. Goals and desires also vary from patient to patient. Experienced physicians should take into account all of these variables when utilizing Liquid Face Lift products and procedures in order to help optimize patient outcomes.

Liquid Face Lift techniques are experiencing continual refinement among a few leading dermatologists, plastic surgeons and other physicians in the U.S. Results from Liquid Lift procedures are usually gradual and can range from subtle to astonishing. It is common for patients who have had Liquid Face Lift procedures to say that they receive compliments on their appearance without others knowing that they have done anything. In some instances, the results can be so uplifting that they change an individual’s life. As with any cosmetic medical procedure, results vary from patient to patient. So call us today and make your appointment to see if you are a candidate for the liquid lift!

http://www.wrinklentime.com

Note:  Before undergoing any procedure discussed on this web site, make sure that your physician has extensive experience with the specific procedure.  We have even heard of dentist’s injecting people’s faces for a little added revenue. Think about it. Come to A Wrinkle In Time and let us take care of your beautiful face and leave looking refreshed, renewed and vibrant. Why take chances with someone who doesn’t actually inject for a living.

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100,000 Treatments Performed In Las Vegas!

With over 100,000 treatments under their belt, Lakes Dermatology continues to be the leader in FotoFacials. See the promo below. I have had these procedures and swear by the effects you get. Small wrinkles, age spots and leathery skin take a hike.

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Lakes Dermatology – Holiday Ideas to Look Amazing

The Secret is Out!

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Such A Deal Already.

Okay, I’m a little biased, but seriously, these are great offers. Let my friends at Lakes Dermatology know that you saw this ad. Please, oh, please!

Lakes Dermatology - Savings for Fall

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