Des Moines Personal Injury Lawyer - Miscellaneous

Financial Wrongdoing: Are you a Ponzi victim?

Steve Lombardi — Tue, 17 Nov 2009 12:01:00 GMT

If you think you may be a Ponzi victim, then ask yourself this question: Is this abnormal insecurity?

In all of this security is there an overriding sense of insecurity?

In college I was a psychology major at the University of Iowa. On my wall was poster with a simple statement: "Just because your paranoid doesn't mean they aren't out to get you." Most visitors thought it was funny, I always saw profoundness in that statement. Maybe that's why I became a lawyer. But then again maybe I was just being paranoid. We’ll save that for another day.

Today I’m taking a break from the post I planned because it’s important we analyze the Ponzi schemer environment for those who would be future victims. Join me today as we walk the hallways and inner sanctum of the law firm of Rothstein Rosenfeldt Adler. Like the admitted Ponzi schemer Bernie Madoff there are in many respects similarities to the way each constructed an office around secrecy and security.

You can read about the Madoff office culture by following this link.

The offices of RRA appear in many ways to be just a normal law office and in other ways like a movie set designed by a set designer suffering from paranoia. This is a law firm that practices law and that made its name on employment law; and yet the way it was set up you’d think they were charged with securing the recipe for Coke or Colonel Sanders original recipe.

The walls are lined with photos and letters extolling the virtues of the principal lawyer. They include Florida’s Governor, national politicians, celebrities, sports stars and letters bragging about philanthropy. Certainly a secure person need not brag about the good they do. To me this screams out “I need someone to constantly remind me how great I am!”

Normally law offices have some level of security that corresponds to the type of work they do. Our office being one of civil litigation has minimal security; mostly controlling access to the computer data files and paper files. I’ve visited criminal law offices that have some level of entryway security to screen entry to the firm. But I’ve never seen anything like this firm in Fort Lauderdale. It is the quintessential paradox of security vs insecurity. The workers must have had to be paranoid about having conversations anywhere. The security seems to be for one and only one person’s insecurity. At least that’s the way the YouTube video clips show it. There are microphones in the hallway ceiling alongside blackened camera lenses that record movements and sounds of anyone within eye and earshot. The secretarial pool is more of the same with seemingly innocuous metal plates in the ceiling tiles turning out to be not-so-hidden microphones. I’m left to wonder, if you didn’t trust them why did you hire them in the first place?

To connect with the principal partner, Scott Rothstein one needed to gain entrance to another locked section of the firm. Much like Bernie Madoff’s inner sanctum this one, protecting Scott Rothstein, was a system of security that created both the illusion of importance and provided a necessary relief from too many questions being asked. It reminds me of the saying; a good defense is your best offense. All of this and yet I get the feeling that the rest of the firm was busy doing the serious legal work of it’s clientele in a manner not unlike a normal law office.

Here we have a video tour of the inner sanctum of the firm; a look-see which seems odd given the fact its principal member is the focus of a criminal investigation and whether or not charges are filed civil lawsuits, that include the firm, can’t be far behind. Be that what it may, like driving by a car accident I can’t help but crane my neck to see the carnage.

Walk with the cameraman as he tours the hallways or Rothstein Rosenfeldt Adler. And take the time to read the emails someone has posted and alleged sent by the person who is the focus of this investigation. And note the themes of security and control. Access to the main proponent is strictly controlled. That limits information to those who might ask too many questions. To do this there is the empowerment of those desperate for access to a position of power they have not rightly earned. Everything about this says there is something wrong. From a common sense point of view it makes little sense. And yet it succeeds in fooling those who are used to following the crowd or who are greedy for a success they did not earn.

I often times talk about my years as a youth soccer coach and the deleterious effects of the participation trophy. The Ponzi Scheme requires participants suffering from the Participation Trophy Syndrome. (Give me something I didn’t earn; make me a winner when I’m really a loser. Increase my return on investment to a point beyond the market. Being simply rich isn’t enough; I want to be filthy rich.)

http://www.youtube.com/watch?v=k6xmolmFjsY&feature=player_embedded

http://www.youtube.com/watch?v=yBv_9x_BFVY&feature=player_embedded

http://www.youtube.com/watch?v=mRvwpSEO4iY&feature=player_embedded

And again, read the email messages and ask yourself if this is what you expect from a successful attorney running a major law firm? Or is this the Peter Principle in full bloom.

One thing we can all conclude is that the Emperor has no clothes.

If you think you may be the victim of a Ponzi Scheme, a parent with a child in youth sports or just a parent wishing to raise a child with good strong character, then read more about the Participation Trophy Syndrome and Professional Misconduct on the Des Moines Injuryboard and The Verdict at the Lombardi Law Firm websites. Young adults with good strong character have been allowed to experience failure, to be losers and have learned how to pick themselves up and to win on their own two feet. As always I welcome your comments.

CAVEAT: And at this point remember that wrongdoing has only been alleged, no charges have been filed against anyone at the businesses mentioned and NO person has clearly admitted to any wrongdoing. All persons mentioned are innocent until proven guilty in a court of law.

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Originally posted at InjuryBoard by Steve Lombardi

Did Prime-Time Broward County Sheriff's Office Miss the Boat?

Steve Lombardi — Mon, 16 Nov 2009 12:01:00 GMT

Remember the post I wrote about the Police Women of Broward County?

TLC Goes from Jon & Kate to, “There’s Always A Good Time to Use A Taser”, August 20, 2009

“Making police work entertaining borders on an unconstitutional exercise of the State of Florida’s police power. A basic function of state government is law enforcement not entertainment. So using government law enforcement resources to entertain the public is wasting those resources and encouraging the perception that the purpose of law enforcement is to take economic, social and financial advantage of criminal activity.”

In that post we met Andrea, a Taser-Toting Deputy on the newest TLC series. The clip used to introduce the show really bothers me: She’s heard to say, “There’s always a good time to use a Taser.” That’s not good law enforcement that’s a sound bite for a promo. Like a TV celebrity she’s cute, has cheeks with dimples, blonde hair, is fit and full of piss and vinegar. Like John and Kate who used to be parents and are now just acting like parents for reality TV, Andrea is a budding TV star who works for the people of Broward County as a member of law enforcement. But is she? Let’s look back at the earlier post. In that post I discussed the propriety of turning the governments’ function of law enforcement into entertainment. It makes little sense to me; after all shouldn’t cops be concerned about the Constitution and effective law enforcement instead of TV ratings? This YouTube clip demonstrates the focus of law enforcement in Broward County seems to be about fame and fortune. Watch it, and then keep it in mind when considering the department’s involvement with Scott Rothstein. Because when you turn on your common sense questions come up about priorities.

http://www.youtube.com/watch?v=2RBT6m0LHRM&feature=player_embedded

Like the intuition about Melissa Lewis’ murder the same thread of common sense told me mixing government employees who are carrying out their official-constitutional duties, with reality TV doesn’t add up. After all they aren't being paid to be TV celebrities; they are being paid to be government employees handling law enforcement. Now that the RRA investigation is brewing and I’m left to wonder if the Broward County Sheriff’s Office shouldn’t be removed entirely from the investigation. Broward County has a heck of a mess with mixing business with fame and fortune. Let me explain myself.

Members of the Broward County Sheriff’s Office allegedly were friends with and working for Scott Rothstein. Here is a story from a south Florida blog.

“In a sign that the Rothstein scandal may be heading his way, Broward Sheriff Al Lamberti informed the department today in an email that he has removed his right-hand man, Lt. David Benjamin, as head of the agency's internal affairs department.

It was Benjamin, you'll remember, whopersonally escorted Scott Rothstein to his jet at Fort Lauderdale Executive Airport when Rothstein left the country for Morocco on October 27 after learning that his billion-dollar Ponzi scheme was imploding.

Benjamin, who serves as the sheriff's own "executive officer," is a long-time friend of Rothstein, who backed Lamberti in his election last year to the tune of a couple hundred thousand dollars in political cash.

Sheriff's spokesman Jim Leljedal confirmed that the decision was at least in part based on Benjamin's role in the Rothstein saga. He said the sheriff's office has not opened an internal investigation into his ties with Rothstein. “

Sheriff Lamberti Takes Rothstein's Pal Off Internal Affairs Post

The Sheriff’s Office-Rothstein relationship was ongoing [remember Lewis was killed in early 2008] while the deputies were busy shooting the TLC shows. (Show was to start on August 6, 2009.) Was the shooting of the TLC show a distraction that interfered with law enforcement? Was law enforcement in Broward County compromised allowing the Ponzi Team room to operate?

The Loss May Reach $1 Billion – Who Has It?

The amount of money involved with this alleged Ponzi scheme is enormous. Like the Madoff matter finding the money will be a critical part of any investigation. Why either Madoff or Rothstein got away with it for as long as they did is a valid question. So how can people who were involved with the principal person being accused as the mastermind, investigate the case.

``When it's all said and done, I estimate that this scheme could well exceed one billion dollars,'' said FBI Special Agent in Charge John Gillies. Miami Herald, Jay Weaver, Scott Hiaasen and Amy Sherman

So now reflecting back why would a government allow the members of law enforcement to take part in a for-profit TV show that obviously distracts them from their job of efficient and effective law enforcement? Have the citizens of Broward County lost sight of the basic function of government? Is fame and fortune a higher priority than doing their Constitutional duty in a manner consistent with truthfulness and fairness?

And lastly, would the Rothstein matter been nipped in the bud had the Broward County Sheriff’s office not been distracted with shooting a television show?

You be the judge, I rest my case.

http://www.youtube.com/watch?v=zRTPKcJGwe4

Even Marina Orlova seems to understand a Ponzi scheme.

http://www.youtube.com/watch?v=D3_h8eNgYrU

Originally posted at InjuryBoard by Steve Lombardi

RRA Cast of Characters - Is Tony Villegas the Wrong Man? (UPDATED: 11/25/09)

Steve Lombardi — Sat, 14 Nov 2009 08:25:47 GMT

Have you ever wanted to be a lawyer or FBI investigator? With TV shows like Law & Order, LA Law, Castle and CSI’s being so popular there is probably a little criminal investigation in many of us. But is legal work as easy as it’s made to look in an hour television show?

If you want to see how complicated the matters surrounding Scott Rothstein are take a look at this cast of characters list and alleged roles in the case. Investigators include the Broward County Sheriff’s Office and the FBI who will have their hands full putting this case together. Anyone with information should contact the FBI at the linked contacted information below.

Remember when looking at the facts, we don’t know much at this point. The investigation is ongoing meaning the case isn’t yet public. As for the original crime, the murder of Melissa Lewis is being prosecuted and one man’s life hangs in the balance. He may have been just a convenient focus for those involved with covering up the Ponzi scheme. Simply stated Tony Villegas may be innocent. I have to wonder what agency was involved with the investigation of Ms. Lewis’ murder. Can anyone tell me?

http://www.youtube.com/watch?v=UIKRq82IAKU

CAST OF CHARACTERS

MAIN WITNESSES AND PERSONS OF INTEREST

Melissa Britt Lewis – Former attorney at Rothstein Rosenfeldt Adler who was found murdered and in a canal.

Scott Rothstein, attorney at Rothstein Rosenfeldt Adler. Focus of the investigation and continued stories.

Rothstein Rosenfeldt Adler is a law firm in Ft. Lauderdale, Florida where Scott Rothstein worked. 401 E Las Olas Blvd # 1650, Fort Lauderdale, FL 33301-4252
(954) 522-3456. Also known as RRA. WWW.RRA-Law.com Although the links to the law firm’s website didn’t work on the morning I attempted to acess them, Martindale.com does list the following information.

Rothstein Rosenfeldt Adler

Fort Lauderdale, Florida Office

View all offices

Las Olas City Centre, Suite 1650, 401 East Las Olas Boulevard
Fort Lauderdale, Florida 33301
(Broward Co.) Telephone: 954-522-3456 Fax: 954-527-8663
http://www.rra-law.com

And they appear to have an office in Boca Raton, 5355 Town Center Road, Suite 801, Boca Raton, FL 33486.

Irene Stay, said to be Rothstein's financial officer.

Debra Villegas, employee of Rothstein Rosenfeldt Adler, who allegedly handled the books.

Tony Villegas, former husband of Debra Villegas and the man charged with Debra Lewis’ murder.

Unidentified Law Firm Employee #1 - At least four people in the Rothstein Rosenfeldt Adler firm met with investors or handled money, investors told the Sun Sentinel.

Unidentified Law Firm Employee #2 - At least four people in the Rothstein Rosenfeldt Adler firm met with investors or handled money, investors told the Sun Sentinel.

Unidentified Law Firm Employee #3 - At least four people in the Rothstein Rosenfeldt Adler firm met with investors or handled money, investors told the Sun Sentinel.

Unidentified Law Firm Employee #4 - At least four people in the Rothstein Rosenfeldt Adler firm met with investors or handled money, investors told the Sun Sentinel.

David Boden, general counsel of the law firm, sat in on Rothstein's meetings with investors and represented him in follow-up calls and negotiations.

Finance Company - The investors also identified two people from a finance company in the same building as the law firm. The two people attended meetings and represented themselves as Rothstein's agent and broker, investors said.

Finance Company Employee #1 –

Finance Company Employee #2 -

David Vinikoor – Attorney for David Boden, 48.

Daniel Serber - attorney at Aventura.

Alan Sakowitz - Potential investor, a Miami lawyer, met with Boden and Rothstein.

David Boden - General counsel of the law firm

Stuart Rosenfeldt - Rothstein’s partner.

Paul Lazarus – attorney for Debra Villegas.

Irene Stay – (45) the law firm's chief financial officer

Richard Pearson, 52, president of a company that allegedly has offices in the same building as the law firm, and who it is alleged brokered the settlements for Rothstein.

R.L. Pearson and Associates Inc. – said to be a business involved with Rothstein’s investors.

Nabil Rhazi, an associate in Pearson's company.

Martin Steinberg, an attorney for Pearson.

Frank Spinosa, (48) a regional vice president at TD Bank, handled Rothstein's investment accounts and met with investors.

William Scherer, an attorney representing investors who lost about $98 million

LAW ENFORCEMENT AGENCIES INVOLVED IN THE INVESTIGATION

John Gillies - Miami FBI Special Agent in Charge of the case and the head of the FBI in South Florida

Gilbert Garza - IRS Acting Special Agent in Charge

FBI Investor Contact - rothstein.investment@ic.fbi.gov. or call 800-CALLFBI (800-225-5324).

Broward Sheriff Al Lamberti

Lt. David Benjamin, as head of the Broward County Sheriff’s internal affairs department.

Jim Leljedal – Broward County Sheriff's spokesman.

ALLEGED INVESTORS

Ed (88) and Carol Morse -- who were family friends with Rothstein -- sued Boca Raton decorator Jan Jones in 2006 claiming he botched their job.

Ed Morse Automotive Group - The Morse family's auto empire was founded by Ed and his father in 1946. Today the Ed Morse Automotive Group is run by Morse's son, president and CEO Edward J. ``Ted'' Morse, Jr., 59. The company owns 14 dealerships in Florida and Alabama.

Levy family - Among the alleged investors are the Levy family, owners of Renato Watches.

Attorney Bill Salim, who is representing Levy family members, including Ovadia and Rachel, said in court Thursday that they lost about $15 million to $20 million.

Others: “Rothstein bought into the watch company as a minority shareholder last year, said Daniel Mink, CEO of Renato Watches and son-in-law of Rachel Levy.”

Updated Cast of Characters (November 20, 2009)

Alleged Investors from this linked source: No specific list has been released from the FBI or the promoter. Until one has these names are alleged investors and are subject to change, including deletion.

Todd Snyder - Snyder, a Coconut Grove businessman, alleged friend of stock broker and alleged investor Doug Faulkner. His alleged role isn’t entirely clear.

Doug Faulkner - Is a person who may have invested with Rothstein and who Rothstein may have indicated the existence of whistleblower settlements in a case involving the Dole Food Co.

Dole Food Co. – A company some say was asserted to be the employer in the whistleblower cases, a scenario that Dole denies and some allege Rothstein fabricated.

Andrew Barnett - Who allegedly served as Rothstein's director of corporate development and who they allege was actively promoting the investment scheme and recruiting investors.

Banyon Funding of Las Vegas, associated with Fort Lauderdale businessman George Levin.

Doug Von Allmen - A Fort Lauderdale businessmen and venture capitalist.

Ballamor Capital Management - Run by Barry Bekkadam.

Bonnie Barnett - The mother of Andrew Barnett.

Robert Kagan - Bonnie Barnett's husband.

Ovi Levy – A friend of the promoter.

Several hedge funds, including Centurion Credit, Clockwork Capital, and Platinum Management

Barry Florescue - a Fort Lauderdale businessman.

UPDATED AS OF 11/25/2009

AMENDED CIVIL COMPLAINT - Includes claims indicating the following people are involved to some degree with investing. Those persons may include the following: Mel Lifshitz, Ted Morse, Ed Morse, Richard Pearson, A.J. Discala, Dean Kretschmar, Ira Sochet, Mc Melvin, Mark Nordlicht, Jack Simony, Steve Jackel, Laurence King, Frank Preve, Barry Bekkadam, Michael Szafranski, and Steve Levin, and his father, George Levin.

AMENDED CIVIL COMPLAINT CAPTION - (Also 11/25,2009)

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA - Docket Number 09-062943 (19)

RAZORBACK FUNDING, LLC, D3 CASE NO., CAPITAL CLUB, LLC, BFMC, INVESTMENT, LLC, LINDA VON ALLMEN, as Trustee of the VON ALLMEN DYNASTY TRUST, D&L PARTNERS, LP, ALLMEN, as Trustee of the DAVIDVON ALL MEN LIVING TRUST, ANN VON ALLMEN, as Trustee of the ANN VON ALLMEN LIVING TRUST, DEAN KRETSCHMAR,

Plaintiffs,

v.

SCOTT W. ROTHSTEIN, DAVID BODEN, DEBRA VILLEGAS, ANDREW BARNETT, N.A., FRANK SPINOSA, JENNIFER KERSTETTER, ROSANNE CARETSKY, DAVID VONandIRENE STAY, TD BANK, BANYON INCOME FUND, L.P., BANYON USVI, LLC, GEORGE G. LEVIN, SZAFRANSKI, ONYX OPTIONS CONSULTANTS CORPORATION, and BERENFELD SPRITZER SHECHTER SHEER, LLP, FRANK PREVE, MICHAEL

Defendants.

__________________________________

COLLATERAL WITNESSES AND BUSINESSES MENTIONED IN THE INVESTIGATION

John Ciriello, an antiques dealer living in Pompano Beach

Solid Gold – Employed a dancer allegedly associated with Scott Rothsetein.

Unidentified Dancer - Exotic

Ritz-Carlton Hotel – Place for meeting and socializing by some of those involved.

Stephan Maloman - Photographs from the million-dollar Rothstein wedding at the Versace mansion in January 2008.

Kimberly Rothstein – Scott Rothstein’s wife.

Unidentified Blog Commenter – “Teddy Paparazzi”

LEGAL TEAMS AND LAWYERS

Marc Nurik – Scott Rothstein’s lawyer.

Jordi Guso, a bankruptcy attorney for the law firm of Rothstein Rosenfeldt Adler.

Jeff Sonn and John Genovese Attorneys on behalf of a few creditors filed the petition for involuntary bankruptcy of Rothstein Rosenfeldt Adler.

Herbert Stettin, who had been appointed by a Broward judge as the receiver, will now become the firm's chief restructuring officer.

Norman D. Tripp is the Morses' lawyer. Morses’ are alleged to be clients of Rothstein and his law firm.

Bill Salim, Attorney who is representing Levy family members, including Ovadia and Rachel.

PRESS AND BLOGS COVERING THE STORY

Staff Writers Jon Burstein, Paula McMahon and Brittany Wallman.

Sally Kestin can be reached at skestin@SunSentinel.com or 954-356-4510.

Peter Franceschina can be reached at pfranceschina@SunSentinel.com or 954-459-2255.

South Florida Sun-Sentinel

Miami Herald JAY WEAVER, SCOTT HIAASEN AND AMY SHERMAN

jweaver@MiamiHerald.com

Broward Palm Beach Blog – Benjamin Lamberti and Bob Norman. Mr. Norman has the most complete comments and updates.

http://blogs.browardpalmbeach.com/pulp/2009/11/david_benjamin_lamberti_scott_rothstein.php

CAVEAT: A woman wrote to me and a fair interpretation of her conclusions was in my opinion not borne out by the facts. I think it's important not to draw conclusions the facts don't support. For instance there is an understanding developing that Ponzi Schemes are the result of more than just one person; several people are needed to engage in an enterprise that results in pulling in investors. These ancillary participants support the basic misconceptions the principal deceiver creates and they often times include feeders, finance people, accountants, stockbrokers, bankers, bookkeepers, other investors (probably fake or make believe investors), lawyers and confidence people. Ponzi schemes are usually the results of many people acting in concert assuring the naïve investors that everything is alright and the returns are justifiably rational. Therefore you can’t draw to a conclusion that, if the Ponzi scheme and Melissa Lewis’ murder were somehow related that the principal suspect in the Ponzi scheme had anything to do with the murder. Melissa Lewis’ murderer may never be found and without there being supporting evidence such a conclusion is unwarranted. In other words there can be many people who might want an honest person with knowledge dead. It certainly is proper for the police and FBI investigators to have such a hunch and to see if the evidence does lead them to that conclusion. But assuming the conclusion without sufficient evidence is incorrect. Anyone with evidence should come forward and contact the FBI. [John Gillies - Miami FBI Special Agent in Charge of the case and the head of the FBI in South Florida or Gilbert Garza - IRS Acting Special Agent in Charge.

FBI Investor Contact - rothstein.investment@ic.fbi.gov. or call 800-CALLFBI (800-225-5324).]

LET’S MAKE A DEAL: Those with inside information that are a part of this scheme should consider what position they will be in should another insider work a PLEA BARGAIN DEAL ahead of YOU. With police and prosecutors it’s first come –first serve on plea bargains. And think about this, there is nothing stopping someone at the inner workings of this mess to step forward and in the process of making a deal blame you for more than you were responsible.

Originally posted at InjuryBoard by Steve Lombardi

"Kill All The Lawyers!" Oops!, Who Maddoff with our 401K money?

Steve Lombardi — Tue, 10 Nov 2009 10:01:00 GMT

With all the talk of tort reform one might begin to believe that attorneys really are the cause of climbing costs in healthcare along with every other economic ill special interests can blame them for. What are some of the reasons for spiraling health care costs? What isn't being talked about is the enormous amount of insurance fraud (including government programs Medicare and Medicaid).

Douglas Dvorak, a Cedar Rapids chiropractor, was convicted on April 22^nd 2009 on 22 counts of mail fraud, 11 counts of aggravated identity theft and 6 counts of money laundering for filing fraudulent Medicaid claims from late 2005 to early 2007. He has been sentenced to seven years in prison and ordered to pay more than $71,000 in restitution. This is just a small piece of the fraud that is committed daily against the health care system and if pursued aggressively one has to wonder, how much would healthcare costs drop if we could stop it?

Instead of allowing ourselves to be distracted with talking about whether an injured patient is compensated we should be asking our public officials and the special interest groups that promote reforms what they are doing about health care and pension plan fraud. Politicians love to talk about anything that doesn't hold them accountable for what they let happen on their watch while sitting in Congress or holding public office. It's time we start to hold them accountable.

Originally posted at InjuryBoard by Steve Lombardi

It Seems Texans Don’t Know the Difference between Sex-Ed and Child Porn

Steve Lombardi — Fri, 30 Oct 2009 14:12:00 GMT

A father who forced his children to watch hard-core porn, including group sex can’t be charged under Texas law according to the Randall County District Attorney. The children are and 8 and 9 year-old daughters whose father, divorced from the mother “made them watch adults having group sex and various other acts at his home in Amarillo. The parents of the girls, and their 7-year-old sister, are divorced and share custody.”

Texans do everything big, including making bigger mistakes than who they vote in for Governor. The law allows parents to show “harmful material” to their children. Which this lawyer-prosecutor believes sanctions parents showing porn to their children. Here in Iowa we make a distinction between educational materials and those considered pornography. The one is to educate the other In this instance the facts might lead one to conclude the parent’s actions fit in the prurient interests category. Most

An appeal to "prurient" interest is an appeal to a morbid, degrading and unhealthy interest in sex, as distinguished from a mere candid interest in sex.

In most states they look at the goal to be achieved and perhaps this father sees group sex as a way to achieve his goal of sex-ed. Apparently the mother, who wanted her ex jailed, wasn’t too happy. We can't blame her. Maybe moving to Iowa would be a better environment for raising her daughters.

Pornography is the depiction of sexual behavior that is intended to arouse sexual excitement in its audience. During the twentieth century, Americans debated whether pornographic material should be legally protected or banned.

So the question remains, what was his intention? So when Texas officials aren't beating up on injured people what else do they do? It appears they've found the Internet...

HOUSTON – March 2009

http://www.youtube.com/watch?v=1W0HKK5HA2k

Originally posted at InjuryBoard by Steve Lombardi

Why did $arah Palin walk out on Ala$kan$?

Steve Lombardi — Fri, 30 Oct 2009 13:26:00 GMT

Seemed obvious to me…. Here are 100,000.00 reasons. The only question I have now is for the American voters: Are you starting to see a pattern yet?

From NBC's Mark Murray
Yesterday, we noted that the Iowa Family Policy Center has invited Sarah Palin to address the group on Nov. 21, which just happens to be the same day when Vice President Biden attends the Iowa Democratic Party's Jefferson-Jackson dinner in the Hawkeye State.

Palin has yet to decide whether she'll attend the event in Iowa, but this story might complicate things a bit: Politico's Martin writes that the Iowa Family Policy Center is raising $100,000 to pay for Palin's speaking fee -- which has raised eyebrows from other Iowa groups.

http://www.youtube.com/watch?v=G1tnUvtjaaY

http://www.youtube.com/watch?v=nc-7_YGc_AA

This leaves us with one simple question: Is there any difference between Democrat$ and Republican$?

Originally posted at InjuryBoard by Steve Lombardi

Northwest to Assign Mother’s to Flight Crews, Zzzz…

Steve Lombardi — Wed, 28 Oct 2009 05:29:46 GMT

Northwest's Black-Hole Flight Crew Piloting the US Chamber’s Ship of Fools

Joe Crumley in Minnesota did a good job of covering the Northwest Airlines Flight 188 through the black hole of cyberspace; but I can’t let this one go. I read the pilot’s explanation and can’t believe America remains seated with their seat belts fastened. Is it enough to say, heck they only overshot the airport by 150 miles, golly- gee maybe the next time they will find out where to land. Wisconsin is nice this time of year. Maybe the crew wanted to see the Wisconsin foliage. What’s wrong with that? Zzzzzz….

http://www.youtube.com/watch?v=VLWDYYlnji8

They were out of contact for over an hour. Over one hour; sixty-plus minutes and no one thought to turn on the radio? Who turned it off? HELLO DOLLY! Does anyone believe they were surfing the web reading regulations? Using a laptop doesn't make one deaf, dumb and blind.

So what were they doing? Zzzzzz…

OMG! Can you believe the explanation the pilot gave for what was going on in the cockpit? If it weren’t so serious it would be comical. Zzzz… On a laptop reading regulations – did I hear them right? Zzzz… Excuse me passengers on this Northwest Flight ship of fools, is there anyone aboard who believes this fairytale story? If so you need to have your medication adjusted. This is perhaps the dumbest, the lamest, and the stupidest explanation I’ve heard since listening to a patient being blamed for a wrong-site surgery. Zzzz…

http://www.youtube.com/watch?v=e0eW2_z075k

And once again I’ve got to ask where are the U.S. Chamber of Commerce and the American Tort Reform Association with making any kind of statement about corporate responsibility? Hello there ATRA and US Chamber of Communism? Are you guys awake in the corporate propaganda cockpit? Anyone in there awake tonight? Zzzz… Probably out saving the world as they see it.

Tower: Flight 188 from San Diego to St. Paul, the runway is clear.

Pilot: Okay tower, we are just finishing up with our preflight run-up check list.

Pilot to Co-Pilot: Flaps?

Co-Pilot: Check.

Pilot: Sleeping bags stowed?

Co-Pilot: Let's see I've got the Dora floral and your brought the GI Joe. Check!

Pilot to Tower: Tower, we are ready for naptime.

Tower: Zzzz…. Sorry did you say something Flight 188?

IT'S TIME TO PUT ON YOUR STUPID CAPS aMErICa!

One guy said they can lose frequency. What’s that mean; it sounds seriously important? In America? On the earth? Are you kidding me? I’ve been interviewed by a local television station while I was standing in Mt. Everest Base Camp and they were in Des Moines, Iowa. Ever hear of a satellite-phone. How come the laptops worked but the headsets didn’t? And you want us to believe pilots over the State of Minnesota lost contact with a radio tower in Minneapolis-St. Paul? I know they talk funny up there, but they all seem to know how to use a phone. The plane flew right over the city; and someone says they lost contact? How could that happen in Middle America? Zzzz…

And what about the guy babbling on about a situational awareness issue being a viable explanation for why they … they what? Oh that sounds important, situational awareness. What’s that? Does that mean they were sleeping or getting a back rub from the flight attendants and couldn’t be aroused to figure out they were 150 miles off course and out of pocket for an hour? My mom, Dolly had a way of fixing someone’s situational awareness. It was an 18 inch oak wooden ruler that she’d rap you a couple of times with to reawaken your situational awareness. Maybe that’s what we need; tort reform that puts mothers in the cockpits of every plane.

Zzzz…I can hear her now, “Hey you’re not sleeping are you?” Zzzz…Whack!

Maybe I’ll ask Joe Crumley for some good-old Midwestern advice. Hey Joe, ask Mike to call the Tower at the Twin Cities airport and phone the ATRA to see if he can wake them up. Perhaps Brooks down in Texas can reach the U.S. Chamber of Communism and see where they are at with all that talk of America being more responsible. In the world the Chamber and the ATRA would have us living in, is it only the people who are injured that need to take responsibility? Sorry but I’m not hearing you Chamber guys. Are you busy on your laptops? Zzzz… Whack! Whack! Whack!

As for not immediately firing them my mother (Dolly to her friends.) would say, “Are you stupid?” She was always good with situational awareness. Gosh you gotta love my Mom!

http://www.youtube.com/watch?v=kmfeKUNDDYs

Originally posted at InjuryBoard by Steve Lombardi

Recession Yells "FORE!"

Steve Lombardi — Fri, 23 Oct 2009 10:18:00 GMT

How do we know when the recession has officially hit home? How about when it hits the ultra exclusive country club in town Glenn Oaks? It’s being reported that West Bank will be taking over the club which is home to the Principal Charity Classic, a PGA Champions Tour event, by next Thursday. The board of directors decided not to oppose the foreclosure; they had hoped to raise enough money to pay off the loans, and had raised a couple millions dollars; but apparently it just wasn’t enough. Dave Milligan, the interim president of West Bank has expressed optimism the bank will be able to find a purchaser without much delay, but the question if for how much and at what loss? Glenn Oaks has seen its membership drop from 500 to around 400 or a drop of $40,000 to $50,000 in monthly revenues, causing them to miss their May and June payments on loans of $7.4 million. They are also currently due to pay $318,887 in property taxes by Wednesday. Glen Oaks is an established country club but newer courses newly developed have a whole host of problems that Glen Oaks does not. Here are a few.

"FORE' WARNING TO HOMEBUYERS IN A GOLF COURSE COMMUNITY - ASK QUESTIONS AND READ BEFORE BUYING

If you're looking for property and there is a golf course ask a lot of questions.

1. Find out who actually owns the course and ask to see the financial statements from the operation.

2. Determine where the money that is used for operating expenses is actually coming from.

3. Ask yourself the question; is this a viable business operation or one being supported by current owners of the surrounding property?

4. Stay away from dual agency.

It's interesting that most people believe a golf course is a money-maker, but in reality it's the opposite. In many instances the developer will give the golf course away; making money on the lots surrounding the course. For the past 5 years I've seen overpriced property being bought. The developers paid too much for the ground (they call it the dirt); that in turn drives up the assessed value, the taxes and insurance are too high and the surrounding homes cost PSF is way out of line with reality. As a result the developer goes belly-up.

And what happens after the lender gets the property?

The lender takes the property back. The lender sits in court calling the developers liars and challenging all of their valuation assumptions. But not too loud. The lenders get the property back. Some lent 90% or more on the inflated values. "Oops we need to get our money back or we are out of running the bank." Now the lenders want to make money; they are no longer "lenders" per se; they are now in the real estate business looking for people like yourself with plenty of money, again trying to sell a dream that doesn't exist for prices that make no sense.

These new "developers" will lie and tell you an amount "the developer has in the property", an amount that is full of nothing but hot air. The developers didn't know what they had in any one property b/c they were robbing from Peter to pay Paul. The developers had airplanes and made large campaign contributions, money taken from loan proceeds that should have been used to pay bills. Instead they simply inflated the land values and construction costs to justify more loan money, while trying to recoup and get out of trouble.

Their loan-speak was like duck legs under the water. Now the developers are gone (remember at one point they were the liars) and the lenders are using all the same inflated valuations of assets, land included, that 6 months ago when they sued the developers they said were false assumptions and lies. You can't believe land valuations or "what the developer has into the project." It's a mountain of lies and exaggerations. And even though there is a mountain in front of the property it still doesn't change the view of the balance sheet.

In some instances the lender has taken back so many properties in the same neighborhood or condo project that they don't dare tell the truth because of what it will do to the other properties they own. Golf courses are a losing proposition. Many are going under; Glen Oaks is a good example. Glen Oaks is in foreclosure proceedings as we speak.

In many communities over the last few years the developers would give the golf course away for free to anyone who would operate it and pay the taxes. They made all their money on the inflated valuations of lots surrounding the courses. After the project goes belly-up the lenders start paying the operations bills to fool the few buyers still taking the bait, into still paying inflated prices for the lots/houses/condos and then intend to unload the course onto the HOA.

And what does that mean to the HOA?

Meaning you get a triple whammy. You can't sell your house for what you paid, your taxes are out of line and now you get to pay more to operate the course; for fear if the golf course closes you will never see most of the equity in your house.

There is so much more I can't begin to cover it all, but be aware, read the documents, ask for financial statements, who really owns what and how are the operating costs being paid. What is generating the actual income to pay operating expenses? Look at cash flow statements and check with the county to see how quickly assessed values have fluctuated. The taxing body doesn't want the cat out of the bag either b/c if they lower assessed values so goes their tax base and tax dollars. The county officials won't tell you what you don't ask.

Can we trust the real estate agents?

Some yes, but most, hell no. You can't believe most of them. Especially not the agents who do this as their only source of income. They would sell you toxic assets and then say you just didn't do due diligence; it's your own fault; "Oh, but can I list it for you?" That's what I'm seeing; they sold dreams that didn't exist and now say, "Yeah we never could have guessed! But let me sell it for you (again)." And all the while they are laughing at getting to sell it again and make another commission off of one more sucker.

What is going on in this country? Where is there an honest deal?

Aside from 30 years as a civil trial lawyer I've spent the past 15 years looking, analyzing, buying and managing commercial real estate.

The lenders are the new developers. The "new developers" are just the old developers with someone else's money. Directing your attention to a mountain view is simply directing it away from overpriced ground. Dirt is dirt. And dirty lenders are no different than dirty developers. Ask a lot of questions and trust none of them when it's your money being spent.

Originally posted at InjuryBoard by Steve Lombardi

H1N1 Most Dangerous to Young People

Barbara Tubridy Lombardi — Wed, 21 Oct 2009 14:57:00 GMT

H1N1 Most Dangerous to Young People

The chief health officer for the CDC, Rear Admiral Anne Schuchat, told 60 Minutes this past Sunday that, “Children and young adults, pregnant women, people with chronic health conditions like asthma, diabetes, heart disease and neurologic problems, and immune-suppression” are most at risk for complications from the H1N1 flu.

Confusion surrounding H1N1 has many people asking, “Who should consider vaccination?” The recommended age group to receive the vaccine has changed in the past week from 6 months to 24 years down to 18 years. Obtaining current information on the CDC website is as confusing as the conflicting information available through the media.

What is the truth about H1N1 vaccines? Where do I find warnings about the vaccine?

The truth….as we know it today:

The flu has been reported in 41 states as of October 16, 2009. Flu related hospitalizations and deaths continue to rise and are above expected levels. Seasonal flu and H1N1 death rates are soaring above 2008 statistics. As of the second week of October there are 5,000 cases reported compared to 7 last year, and 885 deaths this year compared to 7 last year at the same time. Scary? I think so.

Vaccine warnings and safety concerns:

Are you allergic to eggs? This should be the first concern as this type of vaccine uses eggs in the manufacturing process. However, according to the Mayo Clinic this allergy does not necessarily preclude you from receiving the vaccine. There are tests available that will establish if you are able to tolerate the H1N1 vaccine.

The FDA has posted the insert for the intranasal H1N1 vaccine manufactured by MedImmune LLC. The Novartis manufactured H1N1 vaccine product information can be found at this FDA website. Glaxo Smith Kline, another manufacturer of the vaccine did not have the insert available on their website, but the vaccines seem to have similar ingredients and warnings such as the ones from CSL an Australian manufacturer of the vaccine. Sanofi Pasteur, a French company, is one manufacturer of the pediatric dose of the H1N1 vaccine for persons 6 months of age to 4 years of age.

Who should consider being vaccinated against H1N1?

This decision must be made with objective information and your physician’s guidance. The CDC recommends the following groups should be immunized at this time:

1. Pregnant women.

2. Children ages 6 months – 24 (now down to 18) years of age.

3. People who live with or care for children younger than 6 months of age.

4. Healthcare and emergency medical service personnel.

5. People ages 25 – 64 with chronic health conditions such as asthma, diabetes, or compromised immune systems.

After the initial doses of H1N1 vaccine have been distributed to the above groups, the vaccine will be available for all others. It is anticipated this will be in November. Until then, remember the best defense against the spread of any virus is washing your hands, and covering your mouth and nose when you cough or sneeze.

http://www.youtube.com/watch?v=dCzbw4or19g

Originally posted at InjuryBoard by Barbara Tubridy Lombardi

Is this an identity theft?

Steve Lombardi — Mon, 12 Oct 2009 10:18:00 GMT

Do you think identity theft occurs only by random people sifting through your trash looking for personal information they can steal? Many people wonder how far to go in protecting their personal information. Should you trust your friends and relatives?

Here is a news report with a twist to using someone else's identity. On September 28^th 2009 Bernard Marrero returned home from his honeymoon only to be arrested for a DUI; his brother Samuel Marrero was the re-gifter of this late wedding gift. Police are staying that his brother, Samuel Marrero gave them his name, social security number and birthday when Sam was pulled over. The question remains as to how he was able to get away with it and what if any action can be taken by Bernard to remedy the lost time and embarrassment caused by this incident. It makes me wonder, is it really so easy to fool the police and for the wrong man to be arrested? Did he have an ID? Do these brothers really look so much alike? Were the police in a rush? Are the facts in the story accurate? Was Sam taken to the police station, booked, fingerprinted and whatever was in his pockets taken and examined? Or was he allowed to walk away from the stop? What is the real story? What are the real facts?

From a lawyer's point of view I have to wonder if this would amount to identity theft. Identity theft is a crime under Iowa law; it also provides a basis for a civil cause of action against the person or company pilfering your identity. It sure seems like it would be identity theft. What do you think?

Originally posted at InjuryBoard by Steve Lombardi