Wednesday, June 24, 2009

Beware These Online Scams

Nine Nasty Online Scams You Need to Be Aware Of:
1. Asian Invasion: The "Asian Extortion Scam" targets business owners, mostly of Asian decent, with death threats and other violence. Scammers pluck personal information about their targets from online searches and use the sensitive data to make victims feel vulnerable. The extortionists, who appear to be calling from outside the U.S., generally demand between $10,000 and $30,000 — though the FBI says there have been no reports of actual violence stemming from the schemes.

2. Mystery Shopping Scam: Some companies pay "mystery shoppers" to act as sample customers and test out the service at stores, banks and restaurants. But scammers are now targeting stay-at-home moms with "opportunities" to be defrauded of thousands of dollars. Victims receive a letter in the mail from a company offering about $400 for shopping at a few stores, along with a check for thousands of dollars to fund the purchases. The victim deposits the check into their back account, stops by a few stores and is then asked to wire about $2,000 back to the company. But when the original check bounces, victims are out the $2,000 they wired back — plus all the money they spent to go shopping.

3. Hit Man Scam: In the Hit Man e-mail scheme, scammers send letters claiming that the boyfriend, girlfriend or spouse of the recipient has arranged for their death. Another version says a loved one will be kidnapped unless an advance ransom is paid out immediately, naming specific relatives (information found courtesy of ... more online searches). [S]ome recipients feel anxious when the sender names their loved ones, which can make them more apt to believe the threat is authentic.

4. Million Dollar Scam: If you're offered a shot on the "Oprah Millionaire Contest Show," you're not going to be the lucky winner of $1 million — you're the target of a new scam. In order to participate, recipients of the scam e-mail must first send their contact information and are required to buy airfare and a ticket to the show in advance. Victims are later asked to fill out questionnaires seeking detailed personal information, which can put them at risk for identity theft. Other scammers have been mailing counterfeit checks with a letter that claims recipients they have won the "Oprah Show Summer Sweepstakes" — a contest that ended in 2006.

5. Grandparents Scam: "Hi grandma, it's your favorite grandson," says a scammer on the line. "Tommy, is that you?" "Yes, grandma, it's Tommy. Listen, my wallet was just stolen and I've lost all of my money. Do you think you could send me some to make it through the end of the month?" Unsuspecting victims, momentarily confused or suffering from hearing loss, go along with the story and wire money out — up to $15,000 in the case of one giving grandmother who thought she was sending $15,000 to help cover an auto accident, according to the Better Business Bureau.

6. Military Wheels: People posing as U.S. troops have been posting to classifieds Web sites offering cars on the cheap that they have to sell quickly before being deployed to Afghanistan or Iraq. The scams typically claim there is a third-party protection program to ensure a safe transaction, but when payments are sent to the "secure" service, victims either don't receive the car, or get stolen vehicles or ones with a salvaged title.

7. Jury Scam: Victims of the Jury Scam get an e-mail containing a fake subpoena ordering recipients to testify before a grand jury, complete with seemingly genuine details like your name, a case number and court seal. But the e-mails contain malware that can ruin a computer. Another version of the scam involves a phone call in which the caller claims to be a jury coordinator and intimidates victims into revealing personal information. Once the caller gets a victim's Social Security Number and birth date, it's all over.

8. Border Bust: Spam claiming to be from a former assistant commissioner of U.S. Customs and Border Patrol says a foreign diplomat has been stopped with a consignment of thousands or even millions of dollars, which was found to be an inheritance for the recipient. Victims who get drawn in receive more e-mails claiming it is a crime to carry the consignment into the U.S., and demands personal information and a $250 fee to prove the recipient was not involved in a terrorist act. If they fail to do so, the spammers tell their victims they are proving they intended to smuggle the money into the U.S., which is a federal offense. Victims never receive a dime but will continue to get e-mails demanding more money for fees in connection with getting their "inheritance."

9. FBI Scams: The FBI says there have been "tons of complaints" about e-mails from people claiming to be FBI agents. Some appear to be from the Internet Crime Complaint Center and say the recipient has extorted money and must refund the money or face prosecution. Others, from the non-existent Anti-Terrorist and Monetary Crimes Division, inform recipients that they are the beneficiary of millions in inheritance. To claim the money, recipients must supply their full name, address and bank account number. Scammers even incorporate the names of top FBI executives into their e-mails by reading authentic FBI press releases, lending an air of credibility.

Don't fall for online tricks. These scams can cause you to lose large sums of money and result in "identity theft." If something sounds too good to be true, it almost always is. If you see an email that looks like a scam, don't hesitate to contact local law enforcement or seek the advice of a competent attorney.

Monday, June 22, 2009

Reminder: New Power of Attorney Law Takes Effect September 1

Effective September 1, new laws are in effect for powers of attorney. These requirements include:
• New rules for giving power of attorney and for serving as an agent or “attorney in fact.”
• Some power of attorney forms will no longer be valid after the effective date.
• Some of these changes affect existing powers of attorney.

More on the new laws can be found here. These changes may make obtaining or giving a power of attorney after September 1 more complicated--and expensive.

Please make sure that your power of attorney and your agent are in compliance with this new law. Speak to an attorney to protect your rights before the September 1 deadline.

Thursday, June 4, 2009

Divorce packet forms updated

From the New York Daily Record:
The New York State court system recently updated the forms for its free “Divorce Packet” to reflect statutory changes that address medical insurance and domestic violence issues.

The revised forms and instructions can be found here.

Tuesday, May 19, 2009

Town Board rules in SPCA’s favor

From the Finger Lakes Times:
The [Fayette] Town Board has overruled the town Planning Board, determining that the Seneca County Society for the Prevention of Cruelty to Animals is not violating town zoning code.

*****

The Town Board approved a motion 4-0 saying the SPCA was “grandfathered” in under the current town code and can continue operating.

“We are convinced that the rules were followed and were properly interpreted, so this is the best resolution,” said Edward Barto, town supervisor.

Jenny McWhorter and Stephen Webb have operated the SPCA for the past six years on Webb’s property.

****

“This is such a load off our minds,” McWhorter said of the Town Board’s decision. “We were worried that the outstanding zoning issue would hurt our mission and damage our fundraising.”

She said she was grateful to the board and Town Attorney Stephen Ricci for reviewing the matter with SPCA attorney Steven Getman of Ovid.

Getman, who did not charge for his services, was also pleased.

“It was always our position that the shelter was operating legally,” he said. “Not only was it there before the current town zoning code was adopted, but as a duly incorporated SPCA, [it] serves a valid, public purpose in promoting animal welfare.”

Tuesday, May 12, 2009

NY court: Police need warrants for GPS trackers

From the Associated Press:
New York’s top court says police cannot place GPS trackers on suspects’ vehicles without first getting a court warrant showing probable cause the drivers are up to no good.

The Court of Appeals [held] the tracker state police planted on Scott Weaver’s van for 65 days in 2005 violated his constitutional protections against unreasonable searches.

Weaver was convicted of burglary based in part on GPS data that showed him in a suburban Albany department store parking lot before a break-in. He will get a new trial with that information excluded.

Read the whole decision here.

Wednesday, May 6, 2009

Attorney Opposes Joint Trials as Prejudicial to His Client

From the Finger Lakes Times (May 6, 2009):
The Seneca County District Attorney’s Office wants to try siblings William, Stephanie, Justin and Brandon Meacham of Seneca Falls and Angela Wheeler of Waterloo together, along with Marvin Snyder of Seneca Falls, Stephanie Meacham’s boyfriend.

During Monday’s court session, lawyers for Brandon and Justin Meacham did not object to consolidating the trials.

But lawyers for the other defendants did, saying a consolidated trial would hurt their clients, whom they claim have different issues and defenses that merit separate trials.

****

Steven Getman, Wheeler’s lawyer, said his client has no prior criminal record. He said statements her brother, William, made to police are vague about her involvement and could be prejudicial.

****

Getman said the fact that some attorneys oppose consolidation and others don’t shows there are conflicting defenses.

“That itself seems to show why a joint trial could be unduly prejudicial,” he said.

Saturday, May 2, 2009

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.

Saturday, April 25, 2009

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.

Wednesday, April 15, 2009

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.

****

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.

Monday, March 23, 2009

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.

****

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.
****

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.