Florida Ballot Amendment #5 on Supreme Court Justices

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The Florida League of Women Voters summarizes Amendment 5 as follows:

“This amendment adds a requirement that Supreme Court justices appointed by the Governor must also be confirmed by the Senate in order to take office. It also authorizes the repeal of a court rule by a simple majority of the legislature instead of the 2/3 majority now required. The amendment also would allow the House of Representatives to review all files of the Judicial Qualifications Commission without regard to whether the request is specifically related to impeachment considerations.”

The complete amendment, as published by the Florida Department of State, Division of Elections, is a bit more technical. The full text is provided below.

Proposing a revision of Article V of the State Constitution relating to the judiciary.

The State Constitution authorizes the Supreme Court to adopt rules for the practice and procedure in all courts. The constitution further provides that a rule of court may be repealed by a general law enacted by a two-thirds vote of the membership of each house of the Legislature.

This proposed constitutional revision eliminates the requirement that a general law repealing a court rule pass by a two-thirds vote of each house, thereby providing that the Legislature may repeal a rule of court by a general law approved by a majority vote of each house of the Legislature that expresses the policy behind the repeal.

The court could readopt the rule in conformity with the public policy expressed by the Legislature, but if the Legislature determines that a rule has been readopted and repeals the readopted rule, this proposed revision prohibits the court from further readopting the repealed rule without the Legislature’s prior approval.

Under current law, rules of the judicial nominating commissions and the Judicial Qualifications Commission may be repealed by general law enacted by a majority vote of the membership of each house of the Legislature. Under this proposed revision, a vote to repeal those rules is changed to repeal by general law enacted by a majority vote of the legislators present.

Under current law, the Governor appoints a justice of the Supreme Court from a list of nominees provided by a judicial nominating commission, and appointments by the Governor are not subject to confirmation. This revision requires Senate confirmation of a justice of the Supreme Court before the appointee can take office. If the Senate votes not to confirm the appointment, the judicial nominating commission must reconvene and may not renominate any person whose prior appointment to fill the same vacancy was not confirmed by the Senate.

For the purpose of confirmation, the Senate may meet at any time. If the Senate fails to vote on the appointment of a justice within 90 days, the justice will be deemed confirmed and will take office.

The Judicial Qualifications Commission is an independent commission created by the State Constitution to investigate and prosecute before the Florida Supreme Court alleged misconduct by a justice or judge.

Currently under the constitution, commission proceedings are confidential until formal charges are filed by the investigative panel of the commission. Once formal charges are filed, the formal charges and all further proceedings of the commission are public.

Currently, the constitution authorizes the House of Representatives to impeach a justice or judge. Further, the Speaker of the House of Representatives may request, and the Judicial Qualifications Commission must make available, all information in the commission’s possession for use in deciding whether to impeach a justice or judge.

This proposed revision requires the commission to make all of its files available to the Speaker of the House of Representatives but provides that such files would remain confidential during any investigation by the House of Representatives and until such information is used in the pursuit of an impeachment of a justice or judge.

This revision also removes the power of the Governor to request files of the Judicial Qualifications Commission to conform to a prior constitutional change. This revision also makes technical and clarifying additions and deletions relating to the selection of chief judges of a circuit and relating to the Judicial Qualifications Commission, and makes other non-substantive conforming and technical changes in the judicial article of the constitution.

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Kahn & Resnik, P.L.

The Florida lawyers at Kahn & Resnik, P.L. are available to service your legal needs.

Our concierge approach to the practice of law reflects our philosophy of personalized and confidential attention. When you retain an attorney at Kahn & Resnik, P.L., we work efficiently and effectively to help you achieve your business and personal objectives.

We can assist you in legal matters relating to commercial litigation, divorce, disability law, real estate litigation, securities litigation, and corporate transactions.

We serve business owners, professionals and individual clients across Florida, including Miami, Fort Lauderdale, Boca Raton, West Palm Beach, Naples, Orlando, Tampa, Daytona Beach, Jacksonville, Tallahassee, and other cities throughout the state. Contact Howard N. Kahn, Esq. at 954-321-0176 or online.

Former Florida GlobeTel Officials to Pay SEC Penalties

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Timothy Huff, Lawrence Lynch, Joseph J. Monterosso, and Luis Vargas, former GlobeTel executives, face more than $3 million in remedies, motions for disgorgement, civil penalties and officer-and-director bars following a recent ruling by the U.S. District Court for the Southern District of Florida.

The civil action arises from a Florida-based accounting fraud involving the former Delaware company that was headquartered in Pembroke Pines, Florida at the time.

The District Court adopted a recommendation previously entered by a magistrate judge and ordered the following remedies:

  • Former GlobeTel Communications (GlobeTel) chief executive officer Timothy Huff to pay a $1.21 million penalty and $1.5 million in disgorgement plus prejudgment interest. Judge Joan A. Lenard calculated Huff’s penalty by imposing a third-tier penalty for each of Huff’s 10 most-serious false disclosures. She also ordered him to disgorge the full $1.5 million that he received when he exercised stock options in the midst of the fraud.
  • Former GlobeTel chief financial officer Lawrence Lynch to pay a $780,000 civil penalty.
  • Former GlobeTel former executive Joseph J. Monterosso to pay a $300,000 penalty and $675,000 in disgorgement plus prejudgment interest (joint-and-severable with Luis Vargas) and Monterosso barred from serving as an officer or director of a public company for 10 years.
  • Former GlobeTel employee Luis Vargas to pay a $150,000 penalty and $675,000 in disgorgement plus prejudgment interest (joint-and-severable with Joseph J. Monterosso) and Vargas barred from serving as an officer or director of a public company for 10 years.

Starting in November 2007, the Commission brought civil actions against the defendants in connection with GlobeTel Communications Corp., now World Surveillance Group Inc. (GlobeTel). GlobeTel reported millions of dollars in telecommunications revenue from 2002 to 2006 that the Commission alleged was fake. Huff and former GlobeTel chief financial officer Thomas Jimenez were sentenced to prison as a result of parallel criminal prosecutions. See U.S. v. Huff, 09-cr-60295-DMM (S.D. Fla.); U.S. v. Jimenez, 08-cr-60367-DTKH (S.D. Fla.). GlobeTel and Jimenez previously consented to the entry of judgments against them in the Commission’s action.

Fort Lauderdale Securities Litigation and Arbitration Attorney

Contact Fort Lauderdale securities litigation and arbitration attorney Howard N. Kahn, Esq. if you or someone you know has a securities or broker dispute. He is an experienced securities litigation and arbitration attorney, and is available to assist individual investors, brokers, and brokerage firms involved in securities matters. You can reach him at 954-321-0176 or online.

Miami-Dade County Early Voting Locations

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Miami residents can vote early in the presidential elections from Saturday, October 27th through Saturday, November 3rd. Early voting locations are open daily during this time from 7:00 a.m. to 7:00 p.m.

Early Voting Locations in Miami-Dade County

Aventura Government Center
19200 W Country Club Drive
(2nd Floor Commission Area)

City of Miami – City Hall
3500 Pan American Drive
(Entrance is located at the northeast side of the building – ADA entrance is through the front door of City Hall)

Coral Gables Library
3443 Segovia Street

Coral Reef Library
9211 SW 152nd Street

Elections Department (SOE Main Office)
2700 NW 87th Avenue

Florida City – City Hall
404 West Palm Drive
(Commission Chambers)

John F. Kennedy Library
190 West 49th Street

Kendall Branch Library
9101 SW 97th Avenue

Lemon City Library
430 NE 61st Street
(Reading Room)

Miami Beach City Hall
1700 Convention Center Drive

Miami Lakes Public Library
6699 Windmill Gate Road

Model City Library @ Caleb Center
2211 NW 54th Street

North Dade Regional Library
2455 NW 183rd Street

North Miami Public Library
835 NE 132nd Street

North Shore Branch Library
7501 Collins Avenue
(Program Room)

South Dade Regional Library
10750 SW 211th Street

Stephen P. Clark Gov’t Center
(SOE Branch Office)
111 NW 1st Street (Lobby)

West Dade Regional Library
9445 SW 24th Street

West Flagler Branch Library
5050 West Flagler Street

West Kendall Regional Library
10201 Hammocks Boulevard

Visit the link below for more information
http://www.miamidade.gov/elections/vote_early.asp

A Public Service Announcement from the Fort Lauderdale Law Firm of
Kahn & Resnik, P.L.

The Florida lawyers at Kahn & Resnik, P.L. are available to service your legal needs.

Our concierge approach to the practice of law reflects our philosophy of personalized and confidential attention. When you retain an attorney at Kahn & Resnik, P.L., we work efficiently and effectively to help you achieve your business and personal objectives.

We can assist you in legal matters relating to commercial litigation, divorce, disability law, real estate litigation, securities litigation, and corporate transactions.

We serve business owners, professionals and individual clients across Florida, including Miami, Fort Lauderdale, Boca Raton, West Palm Beach, Naples, Orlando, Tampa, Daytona Beach, Jacksonville, Tallahassee, and other cities throughout the state. Contact Howard N. Kahn, Esq. at 954-321-0176 or online.

Broward County Early Voting Locations

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Residents of Fort Lauderdale, Fla. and surrounding Broward County cities can vote in any one of almost 20 early voting locations. Many regional libraries are serving as early voting sites. Check the location that is most convenient for you.

The Broward County early voting schedule for the presidential election is as follows:

Saturday, October 27, 2012 to Saturday, November 3, 2012
7:00 a.m. to 7:00 p.m.
Click to view Broward County early voting locations

In case you are curious, here is the number of registered voters by party in Broward County as of today’s date:

  • Democrat: 588,956
  • Republican: 258,683
  • Other: 283,688
  • Total: 1,131,327

If you have questions about your Broward County voter registration, contact:

Supervisor of Elections Dr. Brenda C. Snipes
Main Office & Mailing Address:
115 S. Andrews Ave., Rm 102
Fort Lauderdale, FL 33301
Days: Monday to Friday
Hours: 8:30 a.m. to 5:00 p.m.

Broward County cities, towns, and villages include: Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale Beach, Hillsboro Beach, Hollywood, Lauderdale-by-the-Sea, Lauderdale Lakes, Lauderhill, Lazy Lake, Lighthouse Point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines, Plantation, Pompano Beach, Sea Ranch Lakes, Southwest Ranches, Sunrise, Tamarac, West Park, Weston, and Wilton Manors.

A Public Service Announcement from the Fort Lauderdale Law Firm of
Kahn & Resnik, P.L.

The Florida lawyers at Kahn & Resnik, P.L. are available to service your legal needs.

Our concierge approach to the practice of law reflects our philosophy of personalized and confidential attention. When you retain an attorney at Kahn & Resnik, P.L., we work efficiently and effectively to help you achieve your business and personal objectives.

We can assist you in legal matters relating to commercial litigation, divorce, disability law, real estate litigation, securities litigation, and corporate transactions.

We serve business owners, professionals and individual clients across Florida, including Miami, Fort Lauderdale, Boca Raton, West Palm Beach, Naples, Orlando, Tampa, Daytona Beach, Jacksonville, Tallahassee, and other cities throughout the state. Contact Howard N. Kahn, Esq. at 954-321-0176 or online.

Foreclosed Florida Homeowners May Get $2,000 Checks

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The National Mortgage Settlement Administrator will mail Notice Letter and Claim Forms in late September through early October 2012 to those borrowers who lost their home due to foreclosure between January 1, 2008 and December 31, 2011.

Qualifying loans were serviced by one of the five mortgage servicers that are parties to the settlement:

  • Ally/GMAC
  • Bank of America
  • Citi
  • JPMorgan Chase
  • Wells Fargo

Some 167,398 Floridians who lost homes to foreclosure may each get about $2,000 as part of the nation’s largest consumer financial protection settlement, according to a Sun Sentinel article titled “Thousands of South Floridians to get about $2K after losing homes to foreclosure.”

Qualifying homeowners who receive a “notice letter” must file a claim form online or by mail no later than January 18, 2013. You must have your personalized claimant ID number, which is located on the Notice Letter and Claim Form you will receive by mail, to submit your Claim Form online. Instructions are available online at the
National Mortgage Settlement Claim Filing Site.

Fort Lauderdale Foreclosure Defense Attorney

Choosing the best approach to protecting yourself and your family from a mortgage foreclosure involves many legal considerations. Contact Fort Lauderdale mortgage foreclosure attorney Marcy Resnik to discuss how you can defend your legal rights in a foreclosure. You can contact Ms. Resnik online or call her at 954-321-0176.

 

Guggenheim Securities Fined $800,000 by FINRA

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Failure to supervise two collateralized debt obligation (CDO) traders who engaged in activities to hide a trading loss resulted in a $800,000 FINRA fine for Guggenheim Securities, LLC of New York.

The Financial Industry Regulatory Authority (FINRA) also sanctioned the two traders: Alexander Rekeda, the former head of Guggenheim’s CDO Desk, was suspended for one year and fined $50,000; Timothy Day, a trader on Guggenheim’s CDO Desk, was suspended for four months and fined $20,000.

The traders deceived their customer and supported their scheme through the use of inaccurate books and records, all of which went undetected by the firm, according to FINRA.

In October 2008, as the result of a failed trade, Guggenheim’s CDO Desk acquired a €5,000,000 junk-rated tranche of a collateralized loan obligation (CLO). After unsuccessful attempts by Guggenheim’s CDO Desk to sell the position, Rekeda and Day persuaded a hedge fund customer to purchase the CLO for $950,000 more than it had previously agreed to pay by falsely presenting the CLO as part of a package of securities a third party offered for sale.

FINRA found that in an attempt to hide the trading loss on the CLO position, the traders provided the customer with order tickets that increased the price for the CLO position and decreased the price of the other positions that were part of the transaction. When the customer inquired about the pricing adjustments, Day, at Rekeda’s direction, lied and said a third-party seller of the CLO position had already settled the trade at a higher price and requested the customer pay this higher price.

The customer agreed to overpay for the CLO and in return, Day and Rekeda agreed to compensate the customer through other transactions, including pricing adjustments on six other CLO trades, a waiver of fees the customer owed in connection with resecuritization transactions, and a cash payment to the customer. The records created to document the transactions did not indicate any connection to the overpayment for the CLO.

FINRA found Guggenheim failed to conduct adequate review of the CDO Desk’s trades, documentation concerning transactions by traders on the desk, and the traders’ email communications.

In concluding the settlement, Guggenheim, Rekeda, and Day neither admitted nor denied the charges, but consented to the entry of FINRA’s findings. As part of the settlement, Guggenheim must retain an independent consultant to review and make recommendations concerning the adequacy of its supervisory procedures.

Fort Lauderdale Securities Litigation and Arbitration Attorney

Contact Fort Lauderdale securities litigation and arbitration attorney Howard N. Kahn, Esq. if you or someone you know has a securities or broker dispute. He is an experienced securities litigation and arbitration attorney, and is available to assist individual investors, brokers, and brokerage firms involved in securities matters. You can reach him at 954-321-0176 or online.

FTC Files Lawsuits against Mortgage Relief Scams

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The Federal Trade Commission has filed lawsuits in federal court to halt the allegedly deceptive tactics of three operations that preyed on distressed homeowners facing a mortgage foreclosure.

In all three cases announced this week, the FTC took action against defendants who allegedly peddled bogus mortgage relief services, in violation of the FTC Act and the MARS Rule.  The agency also charged that two of the operations violated the Telemarketing Sales Rule. The companies charged are listed below.

Prime Legal Plans/Reaching U Network. The FTC alleged that from at least mid-2010, the defendants behind this scheme marketed mortgage relief services in English and Spanish, including under the names “Reaching U Network,” and “American Legal Plans.”

American Mortgage Consulting Group. The FTC alleged that since early 2011, the defendants claimed a phony affiliation with the U.S. government, pretended to be attorneys, and promised to substantially lower monthly mortgage payments in exchange for an up-front fee ranging from $1,495 to $4,495.  Along with two companies he controls – American Mortgage Consulting Group, LLC and Home Guardian Management Solutions, LLC – defendant Mark Nagy Atalla allegedly violated “nearly every provision of the Mortgage Assistance Relief Services Rule.”

Expense Management America. Presenting themselves as the solution to all the consumer’s financial problems, the defendants have cold-called thousands of U.S. consumers from their call center in Montreal since at least mid-2010, including those whose numbers were registered on the Do Not Call Registry, according to the FTC complaint.

Note: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendant has actually violated the law. The cases will be decided by the court.

Read the full news article, FTC Cracks Down on Phony Mortgage Relief Schemes.

Fort Lauderdale Foreclosure Defense Attorney

Choosing the best approach to protecting yourself and your family from mortgage foreclosure involves many legal considerations. Contact Fort Lauderdale mortgage foreclosure attorney Marcy Resnik to discuss how you can defend your legal rights in a foreclosure. You can contact Ms. Resnik online or call her at 954-321-0176.

October is National Disability Employment Awareness Month

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Employers, schools and organizations of all sizes are encouraged to participate in  National Disability Employment Awareness Month. This is a national campaign that raises awareness about disability employment issues and celebrates the many and varied contributions of America’s workers with disabilities.

While we think of accidents as a leading cause of disability, it is more likely that a person will become disabled due to an illness. Frequent contributors include chronic fatigue, carpal tunnel, back pain, depression, or macular degeneration.

Business professionals and medical experts who are diagnosed with an unexpected disability are particularly at risk of losing a significant income stream.

Your Legal Rights to Disability Benefits

The disability attorneys at Kahn & Resnik, P.L. are experienced in working with doctors and business professionals who have trouble obtaining expected disability insurance benefits. We understand potential coverage issues, including:

  • Date at which benefits become available (elimination periods)
  • Length of time benefits are received
  • Compensation history on which benefits are calculated
  • Definition of comparable work
  • Full-time versus part-time work
  • Estimates of future earnings
  • Total disability versus residual or partial disability claims

Our attorneys have helped many professionals pursue disability benefits in claims against the country’s leading disability insurance carriers throughout the United States.

Fort Lauderdale Disability Lawyer for Professionals

If you are a business or medical professional who has suffered an unexpected disability through illness or injury, contact Fort Lauderdale disability lawyer Howard Kahn if your disability benefits are at risk. We can help you understand and protect your legal rights to disability benefits. Contact us online or by phone at 954-321-0176.

SEC Charges Joseph Hilton of Pacific Northwestern Energy with Fraud

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“Repeat violator” Joseph Hilton, formerly known as Joseph Yurkin, made numerous misrepresentations to investors while selling limited partnership units in two oil drilling projects earlier this year through his firm Pacific Northwestern Energy LLC, according to a Securities and Exchange Commission (“SEC”) complaint unsealed last week in federal court in West Palm Beach, Fla. The SEC obtained an emergency court order to freeze the assets of Mr. Hilton.

According to SEC allegations, Joseph Hilton made numerous misrepresentations to investors while selling limited partnership units in two oil drilling projects earlier this year through his firm Pacific Northwestern Energy LLC. Hilton falsely told potential investors that Pacific acquired its wells from Exxon Mobil Corp., and he overstated Pacific’s experience in the oil and gas industry and the historical accomplishments of its drillers.

Hilton raised approximately $789,000 from investors. The SEC’s action froze the assets of Hilton, Pacific, and the two limited partnerships – Rock Castle Drilling Fund LP and Rock Castle Drilling Fund II LP. Hilton’s securities offerings were not registered with the SEC as required under the federal securities laws.

The SEC’s complaint also includes allegations against Hilton, Pacific, and another company controlled by Hilton called New Horizon Publishing Inc. Through Pacific and New Horizon, Hilton additionally sold $2.5 million worth of investments in oil drilling projects sponsored by United States Energy Corp. while deceiving investors about his identity, the anticipated returns on the investments, the amount of oil being produced by U.S. Energy’s wells, and the existence of natural gas wells. Hilton also operated a boiler room of sales representatives paid on a commission basis.

According to the SEC’s complaint, Hilton changed his name from Joseph Yurkin late last year following a final judgment for fraud in a previous SEC enforcement action against him for securities offerings he made through another company he worked for – Homeland Communications Corp.

“By changing his name, Hilton thought he could evade further SEC scrutiny and keep the investing public from finding the truth in his background,” said Eric I. Bustillo, Director of the SEC’s Miami Regional Office. “The SEC is committed to pursuing repeat offenders and ensuring the open and transparent sale of securities to investors.”

The SEC’s complaint charges Hilton, Pacific, Rock Castle I and Rock Castle II with violations of Sections 5(a) and (c) and 17(a)(2) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5(b). The complaint also charges Hilton with violations of Securities Act Section 17(a)(1), (2), and (3) and Exchange Act Sections 15(a), 10(b) and Rule 10b-5(a), (b) and (c). Pacific and New Horizon are charged with Exchange Act Section 15(a) violations in connection with their historical U.S. Energy related conduct. The SEC is seeking disgorgement of ill-gotten gains plus prejudgment interest, financial penalties, and permanent injunctions against Hilton and his entities.

Fort Lauderdale Securities Litigation and Arbitration Attorney

Contact Fort Lauderdale securities litigation and arbitration attorney Howard N. Kahn, Esq. if you or someone you know has a securities or broker dispute. He is an experienced securities litigation and arbitration attorney, and is available to assist individual investors, brokers, and brokerage firms involved in securities matters. You can reach him at 954-321-0176 or online.

Miami Medical Professionals Charged in Medicare Fraud Scheme

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In Miami, a total of 33 defendants are charged for their alleged participation in various fraud schemes involving a total of $204.5 million in false billings for home health care, mental health services, occupational and physical therapy, and durable medical equipment (DME).

In one case, three defendants are charged for participating in a fraud scheme at LTC Professional Consultants and Professional Home Care Solutions Inc. which led to approximately $74 million in fraudulent billing for home health care.

In another case, five defendants are charged for participating in a fraud scheme at Hollywood Pavilion which led to $67 million in fraudulent billing for mental health services.

Overall, Medicare Fraud Strike Force operations in seven cities have led to charges against 91 individuals – including doctors, nurses and other licensed medical professionals – for their alleged participation in Medicare fraud schemes involving approximately $429.2 million in false billing, Attorney General Eric Holder and Health and Human Services (HHS) Secretary Kathleen Sebelius announced yesterday.

The Medicare Fraud Strike Force operations are part of the Health Care Fraud Prevention & Enforcement Action Team (HEAT), a joint initiative announced in May 2009 between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.

Since their inception in March 2007, strike force operations in nine locations have charged more than 1,480 defendants who collectively have falsely billed the Medicare program for more than $4.8 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

The announced cases are being prosecuted and investigated by Medicare Fraud Strike Force teams comprising attorneys from the Fraud Section of the Justice Department’s Criminal Division and from the U.S. Attorneys’ Offices for the Southern District of Florida, among others, and agents from the FBI, HHS-OIG and state Medicaid Fraud Control Units, with assistance from the Justice Department’s Civil Division and the IRS.

The charges and allegations contained in the indictments are merely accusations and the defendants are presumed innocent unless and until proven guilty.

Florida Healthcare Litigation

When healthcare business practices become the subject of legal claims, our attorneys assist clients in dispute resolution services involving fraud allegations, licensure disciplinary proceedings, qui tam investigations, regulatory compliance, regulatory investigations, and Stark Law anti-kickback provisions. Contact Florida healthcare litigation attorney Howard N. Kahn, Esq. online to discuss a case.