Mortgage Foreclosures in Florida Highest in U.S.

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Foreclosure rates in Florida were the highest in the nation for the second month in a row, according to a report by RealtyTrac.

The good news is that the October 2012 total was 13 percent below the October 2011 total, which means that the Florida mortgage foreclosure rate is slowly moving in the right direction. That may be small consolation, however, to the 28,783 Florida homeowners who received a foreclosure notice in October.

Florida is at twice the national average for housing units going into foreclosure, with the Florida rate standing at one foreclosure filing for every 312 housing units in October 2012.

Other states ranking in the top 10 for foreclosures include California, Arizona, Georgia, Ohio, Colorado, South Carolina and Michigan.

As reported by the Sun Sentinel, “Broward foreclosures have increased in recent months, but the number of new cases, scheduled auctions and bank repossessions fell 41 percent in October from a year ago.”

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.

Wasson Capital Advisors of Miami Charged with Fraud

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Anand Sekaran and his firm Wasson Capital Advisors Ltd. defrauded clients by concealing trading losses and diverting investor funds for personal use, according to recent SEC charges.

The Miami-based investment adviser allegedly fabricated documents showing illusory profits after a trading strategy became unprofitable in 2008 and produced substantial losses for clients. Sekaran also misused client funds to pay various personal and business expenses, and he collected fees in excess of what he was due under the arrangements he had with clients, according to the SEC.

Sekaran and Wasson agreed to resolve the SEC’s charges as well as a parallel criminal action announced today by the U.S. Attorney’s Office for the Southern District of New York.

“An investment adviser’s fiduciary duty applies equally in good times and bad,” said Bruce Karpati, Chief of the SEC Enforcement Division’s Asset Management Unit. “Sekaran breached that duty when he concealed trading losses and misled clients rather than simply admitting that his investment strategy was unsuccessful.”

According to the SEC’s complaint filed in U.S. District Court for the Southern District of New York, Sekaran provided investors with a spreadsheet inaccurately showing that Wasson was profitable. He inflated account balances on some clients’ account statements, using the letterhead of a defunct British Virgin Islands trust company for one client and the letterhead of a New Zealand firm for another client. He misappropriated investor money for personal mortgage and maintenance payments, restaurant and travel expenses, entertainment and event tickets, employee salaries and health insurance, and rent and office expenses.

In settling the SEC’s charges, Sekaran and Wasson consented to a final judgment imposing permanent injunctions from future violations of the anti-fraud provisions of the federal securities laws. Sekaran separately consented to an SEC order barring him from the securities industry and penny stock industry. Sekaran is required to pay $2.3 million to satisfy restitution and forfeiture orders in the criminal matter.

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.

Thanks to Florida Veterans

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We join the nation today in recognizing the great contributions and sacrifice made by members of the U.S. military and their families.

With more than 1.6 million veterans, Florida is the most veteran-friendly state in the nation, according to the Florida Department of Veterans’ Affairs. Here are some interesting facts about Florida veterans:

  • Florida has the third largest population of veterans in the nation after California and Texas with more than 1.6 million veterans – 12 percent of the Sunshine State’s population 18 and over.
  • Wartime veterans make up about 75 percent of Florida’s total veteran population (1.2 million).
  • There are more Vietnam-era veterans than any other wartime category in Florida with more than 449,000.
  • There are more than 231,000 veterans of Afghanistan and Iraq who claim Florida as their home of record.
  • Florida has more than 140,000 women veterans.

Florida Veterans’ Benefits Guide

Veterans in Florida are entitled to a wide range of benefits, from insurance to education. Click on the link for a full list of benefits available to Florida veterans.

Florida Medal of Honor Recipients

Throughout our nation’s history, 25 Medal of Honor recipients have been accredited to Florida. The Medal of Honor is the highest military decoration awarded by the U.S. government.  It is bestowed by the President in the name of Congress. See the names of Florida Medal of Honor recipients.

Learn more at the Florida Department of Veterans’ Affairs.

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.

Florida Alimony Law Under Review

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Limits on alimony amounts and the length of time alimony is paid are some of the many changes proposed by Florida legislator Ritch Workman (R-Brevard County).

House Bill 549 would allow previous divorce agreements to be reopened and renegotiated, among other provisions.

Florida Alimony laws were updated in the past few years to provide the courts with more uniform guidelines on alimony payments. Current alimony law provides the following:

  • Permanent alimony may only be available to spouses who were married 17 years or more.
  • Durational alimony, a temporary form of alimony, is available to spouses who were married for 7-17 years.
  • Rehabilitative alimony provides a spouse with re-training, such as a four year college program.
  • Bridge-the-gap alimony is available for a spouse who needs time to re-enter the workforce.

Florida divorce attorney Marcy Resnik closely monitors proposed changes in divorce law, and will keep you informed on future news.

Schedule an Initial Consultation

Contact us online or by phone at 954-321-0176 to discuss your legal needs. We will answer your legal questions in complete confidentiality, and explain how our concierge philosophy puts us at your service.

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.

Florida Election Results

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Click on the link for Florida Election Results, as they are reported by the Supervisors of Elections to the Florida Department of State’s Division of Elections.

You will be able to view results for federal, district, and judicial contests. Election results for Miami-Dade County, Broward County, and Palm Beach County campaigns will be of particular interest to South Florida residents. Final votes for the Florida constitutional amendments are also available.

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.

Two Pompano Beach Women Sentenced to Jail for Foreclosure Fraud

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Lisa Wright, 46, and Cathy Saffer, 52, of Pompano Beach, Fla., were sentenced recently to serve 66 and 60 months respectively for defrauding homeowners and mortgage lenders as part of a foreclosure rescue scheme, the Justice Department announced. The two women were sentenced in the Southern District of Florida.

Wright pleaded guilty on March 27, 2012, to one count of conspiracy to commit mail and wire fraud, one count of mail fraud and one count of wire fraud.  Saffer was convicted of one count of conspiracy to commit mail and wire fraud, three counts of mail fraud and two counts of wire fraud, following a two week jury trial in July.

According to the indictment and evidence presented at trial, Wright and Saffer operated Foreclosure Solution Specialists (FSS) from 2006 to 2009.  Through FSS, Wright and Saffer targeted homeowners facing foreclosure, advertising that FSS could assist those homeowners in remaining in their homes.  When contacted by distressed homeowners seeking assistance, Wright and Saffer misrepresented to those homeowners that their homes would be sold to investors.  They also claimed that customers could remain in their homes after the sales and promised them an opportunity to repurchase the homes at a later date.   Rather than selling the homes to legitimate investors, Wright and Saffer designed sham sales to straw purchasers whom they paid to participate in the scheme.

According to the indictment and evidence presented at trial, Wright and Saffer paid Florida Certified Public Accountant Barrington Coombs to write a fraudulent letter which falsely vouched for the fraudulent information on various loan applications. Coombs, who was also convicted by the jury, is scheduled to be sentenced Dec. 7, 2012.

Mortgage transactions completed by FSS drew equity out of the homes, which Wright and Saffer pocketed for their own purposes. After doing so, Wright and Saffer allowed the loans to go into foreclosure. Homeowners ultimately lost all of the equity in their homes, and most of the victims were forced to move out of their homes.

Fort Lauderdale Foreclosure Defense Attorney

If you or someone you know is facing a mortgage foreclosure, there are many legal considerations involved in choosing the best approach to protect yourself and your family. 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.

Florida Election Day Voter Rights

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Here are answers to common questions about voting procedures in Florida.

What times are the polls open on election day?

Polls are open from 7 a.m. until 7 p.m. on election day. Any voter who is standing in line at 7 p.m. is still eligible to cast a vote.

What kind of identification do I need to bring to the polls?

When you go to the polling place to vote, you will be asked to provide a current and valid picture identification with a signature. Approved forms of picture identification are: Florida driver’s license; Florida identification card issued by the Department of Highway Safety and Motor Vehicles; U.S. passport; debit or credit card; military identification; student identification; retirement center identification; neighborhood association identification; and public assistance identification. (Section 101.043, F.S.) If the picture identification does not contain a signature, you will be asked to provide an additional identification with your signature.

Can I still vote if I do not bring identification?

Yes. You should not be turned away from the polls because you do not bring identification. If you do not have the proper identification, you will be allowed to vote a provisional ballot.

What happens if someone challenges my eligibility to vote at the polls?

If you are challenged on the basis that your legal residential address is not within the precinct, you will still have an opportunity to vote.

If you are challenged on any other grounds or your eligibility is questioned, you will be allowed to vote a provisional ballot.

What else do I have to do if I vote a provisional ballot?

You will be provided a written notice of your rights as a provisional ballot voter. (Section 101.048, F.S.) You have the right to present further evidence of your eligibility if you want up to 2 days after the election. Depending on the reason why you voted a provisional ballot, there may no further need in order for your provisional ballot to count.

I have requested an absentee ballot and now I have changed my mind and want to vote at the polls. May I?

Yes. If you received your absentee ballot, you should return it, whether voted or not, to the poll workers on Election Day. Your absentee ballot will be voided and you will be allowed to vote a regular ballot at the polls.

Can I vote if I am a lawful permanent resident?

No. Only U.S. citizens can register or vote in Florida.

Can I vote if I have dual citizenship?

Yes as long as you have U.S. citizenship and are otherwise properly registered, you can vote.

Read more at the Florida Division of Elections.

Click on the link to identify your Election Supervisor by Florida County.

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.

Miami-Dade County Polling Stations to see Federal Observers

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The Justice Department announced today that its Civil Rights Division plans to deploy more than 780 federal observers and department personnel to 51 jurisdictions in 23 states, including Miami-Dade County and other Florida locations, for the Nov. 6, 2012, general election.

Although state and local governments have primary responsibility for administering elections, the Civil Rights Division is charged with enforcing the federal voting rights laws that protect the rights of all citizens to access the ballot on Election Day.

Allegations of election fraud are handled by the 94 U.S. Attorneys’ Offices across the country and the Criminal Division’s Public Integrity Section.  Complaints may be directed to any of the local U.S. Attorneys’ Offices, the local FBI offices or the Public Integrity Section at 202-514-1412.

The observers and department personnel will gather information on, among other things, whether voters are subject to different voting qualifications or procedures on the basis of race, color, or membership in a language minority group; whether jurisdictions are complying with the minority language provisions of the Voting Rights Act; whether jurisdictions permit voters to receive assistance by a person of his or her choice if the voter is blind, has a disability, or is unable to read or write; whether jurisdictions allow voters with disabilities to cast a private and independent ballot; whether jurisdictions comply with the voter registration list requirements of the National Voter Registration Act; and whether jurisdictions comply with the provisional ballot requirements of the Help America Vote Act.

To assist in these inquiries, the department has deployed observers and monitors who speak Spanish and a variety of Asian and Native American languages.  Both the federal observers and department personnel will coordinate monitoring activities, and department attorneys maintain contact with local election officials.

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.

Miami Assisted Living Owners Charged in Health Care Fraud

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Two owners of Miami area assisted living facilities (ALF) pleaded guilty today in connection with a health care fraud scheme involving defunct Miami area health provider Health Care Solutions Network Inc. (HCSN), according to federal officials.

Raymond Rivero, 55, of Homestead, Fla., and Ivon Perez, 50, of Miami, each pleaded guilty before U.S. District Judge Cecilia M. Altonaga in the Southern District of Florida to one count of conspiracy to solicit and receive cash kickbacks.

Rivero, who was the owner of Miami-based God Is First ALF, and Perez, who was the owner of Kayleen and Denis Care Corp, admitted to participating in a fraud scheme that was orchestrated by the owners and operators of HCSN, which operated purported partial hospitalization programs (PHPs), a form of intensive mental health treatment for severe mental illness.

Earlier this week, the owner of another ALF in the Miami area that was involved in the HCSN fraud scheme pleaded guilty for his role in the scheme. On Oct. 22, 2012, Daniel Martinez, 45, of Homestead, the owner of Mi Renacer ALF, pleaded guilty before Judge Altonaga to one count of soliciting and receiving cash kickbacks.

According to an indictment unsealed on May 2, 2012, HCSN obtained Medicare beneficiaries to attend HCSN for purported PHP treatment that was unnecessary and, in many instances, not provided.  HCSN obtained those beneficiaries by paying kickbacks to owners and operators of ALFs or by otherwise recruiting them from ALFs and nursing homes.  Rivero, Martinez and Perez pleaded guilty to referring Medicare and/or Florida Medicaid beneficiaries to HCSN in exchange for cash bribes.

According to court documents, ALF residents referred by Rivero, Martinez and Perez were not qualified to be placed in HCSN’s PHP and were only selected because they had Medicare or state of Florida Medicaid benefits.  In some cases, ALF patients suffered from dementia, Alzheimer’s disease or mental retardation or were otherwise unable to benefit from the purported mental health services.

According to court documents, from 2004 through 2011, HCSN billed Medicare and Medicaid approximately $63 million for purported mental health services.

Perez also pleaded guilty before Judge Altonaga in another criminal case to a second count of conspiracy in connection with accepting kickbacks from Superstar Home Health Care Inc. for purported home health services to her ALF residents.

In another related case, a former HCSN employee, Sarah Da Silva Keller, 28, was sentenced by U.S. District Judge Marcia G. Cooke in the Southern District of Florida to a 24 month prison term and ordered to pay $1,067,300 in restitution to the Medicare program. In June 2012, Keller pleaded guilty to an information charging one count of conspiracy to commit health care fraud.

According to court documents, Keller falsified patient attendance and medical records for Medicare beneficiaries who attended HCSN for mental health treatment.  The falsified records were then utilized to submit fraudulent billing to the Medicare program. According to Keller’s plea agreement, Keller’s participation in the fraud resulted in more than $2.4 million in fraudulent billing to the Medicare program.

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.

Fraud Alert: Beware of Fake IRS Tax Websites

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The Internal Revenue Service is issuing a warning about a new tax scam that uses a website that mimics the IRS e-Services online registration page.

The actual IRS e-Services page offers web-based products for tax preparers and payers, not the general public. The phony web page looks almost identical to the real one.

The IRS reports that it gets many taxpayer inquiries about fake websites. Criminals allegedly use these sites to lure people into providing personal and financial information that may be used to steal the victim’s money or identity.

The address of the official IRS website is www.irs.gov. Don’t be misled by sites claiming to be the IRS but ending in .com, .net, .org or other designations instead of .gov.

If you find a suspicious website that claims to be the IRS, the tax agency requests that you send the site’s URL by email to phishing@irs.gov. Use the subject line, ‘Suspicious website’.

Consumers and business owners should be aware that the IRS does not initiate contact with taxpayers by email to request personal or financial information. This includes any type of electronic communication, such as text messages and social media channels.

Visit the IRS website www.irs.gov to learn more about phishing and other kinds of tax scams.

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.