Consumers Warned: Beware of Swine Flu Scams

The Better Business Bureau is warning consumers to be on the lookout for fraudulent e-mails and Websites trying to take advantage of the current swine flu outbreak. The group is offering the following advice to avoid swine flu scams:

• Avoid opening e-mail from an unknown source and do not click on any links in the body of the e-mail or open any attachments. Instead, delete the email or report it to the Federal Trade Commission by forwarding the e-mail to spam@uce.gov.

• Don't believe online offers for vaccinations against swine flu because a vaccine does not exist. For more information on swine flu and updates on progress in fighting the outbreak, go to www.cdc.gov/swineflu

• Make sure your anti-virus and anti-spyware software is up to date and all operating system security patches have been installed. If your computer becomes infected as the result of a spam e-mail about swine flu, you can report it to the Internet Crime Complaint Center at www.ic3.gov.

New Passport Rules for Canadian Travel Coming Soon

OVID, NY--Attorney Steven Getman is reminding upstate New York residents that new federal laws regarding travel to Canada will take effect in slightly over a month.

Beginning June 1, all U.S. citizens ages 16 and older will need to show either a U.S. passport book, a passport card or an enhanced driver's license when traveling to and from Canada.

The changes are part of the Department of Homeland Security's 2008 Western Hemisphere Travel Initiative, Getman explained.

Passports, which are valid for 10 years, cost $100 for those 16 and older and $85 for those younger than 16.

Passport cards cost $45 and are valid for 10 years, while an enhanced driver's license costs $30 on top of a normal driver's license fee, and is good for eight years.

For more information click here.

Seneca County SPCA Zoning Defended

Excerpt from the Finger Lakes Times:

FAYETTE — For six years, Jenny McWhorter and Stephen Webb have operated the Seneca County Society for the Prevention of Cruelty to Animals on their property at 4438 County Road 121.

And all that while, they thought they were in compliance with local zoning laws.

But the Town Board adopted a new land use plan in 2008.

McWhorter said Fayette Planning Board chairman and Town Highway Superintendent Roswell Parks told her in November that the shelter was not only in violation of the new zoning law but hadn’t been in compliance with the old codes, either.

According to McWhorter, Parks told her the Planning Board would most likely deny the SPCA a permit or variance if it requested one.

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Then, on March 12, McWhorter was served with a violation notice by the Seneca County Building and Code Enforcement Office.

It claimed the not-for-profit shelter was in violation of the new Fayette land use plan as a commercial kennel.

McWhorter, though, said she believed her operation was “grandfathered” and legal.

“We have not had any complaints from our neighbors or incidents with our dogs from 2003 to the present time,” McWhorter said. “We take extreme measures to assure we do not bother anyone, and [we] keep dog waste picked up and disposed of properly daily.”

Former County Attorney Steven Getman of Ovid has agreed to assist the SCPA.

New York High Court to Review Warrantless GPS Use

From the New York Post:

New York's top court will consider Tuesday whether police violated the constitutional rights of a burglary suspect when they attached a global positioning tracker to his van without a court warrant.

Scott Weaver, convicted of burglary in part because of the Christmas Eve 2005 GPS data, said both his state and federal rights against an unreasonable search were violated. State police tracked his van to the parking lot of a suburban Albany department store that was later burglarized.

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The trial judge refused to suppress the GPS evidence. A midlevel state court concluded 4-1 the device provided essentially the same information as constant visual surveillance, which requires no warrant. A dissenting justice said citizens have a reasonable expectation their every move won't be monitored by a technical device without their knowledge.
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the legal test in previous federal case law turns on whether a device augments sensory perception, such as with a simple radio beeper as a tracking device, or actually goes beyond human senses, such as using thermal imaging devices to see what's happening indoors.

New York DWI crackdown under way statewide

From Gannett news:

The second of seven STOP-DWI crackdown periods across New York this year is under way and will continue through St. Patrick’s Day on Tuesday, the state Department of Motor Vehicles has announced.

During the enforcement wave, state, county and local law enforcement agencies will be out in force, using sobriety checkpoints and saturation patrols to deter drunk driving and ensure road safety, according to a news release.

Motorists are reminded that driving with a blood-alcohol content of .08 percent or higher will put them over the limit and under arrest, the release says.

Obviously, the best way to avoid a DWI arrest or conviction is to not drink and drive.

However, anyone charged with, or questioned regarding, an alcohol-related motor vehicle offense should immediately contact an attorney to review their rights.

New York's New Power of Attorney Law

Ovid, NY--Attorney Steven Getman is reminding senior citizens and their families that major changes to the New York Power of Attorney Law will take effect this fall.

These changes include:

• The agent (the person getting power of attorney) must sign and date the power of attorney and the agent's signature must also be acknowledged (notarized). Previously, only the principal (person granting the power of attorney) was required to sign the document before a notary.
• If the principal wants the agent to have the authority to make gifts, additional requirements must be met. They include the principal initialing a separate provision granting gift-making authority and the execution of a "statutory major gifts rider" which must have two witnesses.
• Agents will now be subject to a “prudent person standard of care” with defined responsibilities. This includes keeping records (with receipts) on the agent’s transactions.
• The new power of attorney form has an optional provision that the principal can appoint a “monitor” to request and receive records of transactions by the agent.

“Most of the changes apply only to powers of attorney executed on or after the effective date. However, the provisions regarding fiduciary responsibilities apply to all powers of attorney including those executed before the effective date,” Getman noted.

The new power attorney law was originally scheduled to take effect March 1. However, on February 25, Governor Paterson signed legislation to delay the effective date until September 1, 2009.

“Anyone in New York state who plans to grant power of attorney, or accept the power of attorney, as well as those who currently have powers of attorney, should make sure to contact a competent attorney to discuss the new law, and make sure that they are in compliance with it,” Getman said.

More information on the new law can be found here.

Can You Plea-Bargain in a Traffic Case? That Depends

The New York Times:

For years it was a normal routine in traffic courts in towns and villages across New York State: Drivers would negotiate at the courthouse with the state trooper... who cited them for moving violations to reduce the charge. The judge would then make it official.

But the State Police, citing ethical concerns, issued an order in 2006 banning the practice....Now, some lawyers have taken an unusual approach to challenge the ban: fighting tickets using a law established after the Civil War to protect the rights of former slaves.

The lawyers have cited the equal protection clause of the Fourteenth Amendment, which mandates that laws be applied equally to everyone, to argue that the State Police policy prevents drivers from receiving equal justice. Whether a driver can negotiate a lower fine, the lawyers say, depends on where they get a ticket and from whom.

Even routine traffic tickets can have serious impacts on a driver's insurance premiums and, in some cases, their license to operate a motor vehicle. Drivers who receive a ticket should always consider contacting a competent attorney of their own choosing before pleading guilty or attempting to plea bargain the ticket.

Beware Tax Scam Emails

From the Washington Post:

The Internal Revenue Service is warning U.S. taxpayers to be prepared for a steady increase in scams and virus attacks via e-mail, telephone and the Web as the April 15 tax-filing deadline approaches.

The most common type of scam arrives via e-mails claiming to come from the IRS or Treasury Department. They typically try to either scare consumers into thinking there is an error with their tax filing, or that they are eligible for a tax rebate or benefit from the government economic stimulus package that just passed on Capitol Hill.

These so-called "phishing" e-mails typically arrive in an e-mail that urges users to visit a site, which in turn prompts visitors to enter their personal and financial data, information that is then sent off to identity thieves.

"The Internal Revenue Service does not communicate with taxpayers via unsolicited e-mail," said J. Russell George, treasury inspector general for tax administration.

Company Held Liable for Unwanted Faxes

From the New York Law Journal:

Carnival Corp., the world's largest cruise ship operator, faces damages of up to $2 million following a judge's finding that the company violated a federal statute by faxing a travel agent between 540 and 1,387 unsolicited advertisements over the course of about four years.

Eastern District of New York Judge I. Leo Glasser held that the faxes violated the Telephone Consumer Protection Act of 1991, which bars the use of any "telephone facsimile machine ... to send an unsolicited advertisement."

Businesses which might be contemplating the use of a fax machine to send advertisements should take heed of this decision before doing so. At the same time, consumers or others who might be on the receiving end of such faxes may wish to contact an attorney to review their legal rights.

Attorney Warns Homeowners: Beware of Deed “Scam”

OVID, NEW YORK--Attorney Steven Getman is warning homeowners not to fall for mail solicitations offering certified copies of property deeds.

The mailings, Getman said, typically include proper names, addresses and accurate dates for when the property owners’ deed was filed. It also calls the document an important one to have on hand.

The notice then offers to provide the homeowner with certified copies for approximately $60.00 to $70.00. The fee, the letter states, includes postage and handling, location and retrieval of the data.

At best, Getman said, the offer is a grossly overpriced service.

“Your local county clerk's office provides certified copies of deeds for substantially less,” Getman said. “Usually they charge about sixty-five cents a page for the deed, which is typically a four or five page document, plus a $5.00 certification fee.”

In addition, Getman explained, may counties will allow residents to view their deeds on the county’s computer system at no cost.

According to Getman, a new law took effect in October that requires that these solicitations include that fact that customers can obtain a certified copy of their deed from their county clerk for less than $20.00. This law, Getman said, is in response to concerns raised last year when many New York State residents received these notices in the mail.

“A given offer may or may not be illegal, but it’s so unfair to charge that much more for something that you can get at your local county clerk’s office,” Getman noted.

Getman urged anyone who receives a solicitation of this nature to contact their local county clerk or an independent attorney of their own choosing to review their legal rights.