Ponzi Scheme Red Flags

Posted by on Jun 13, 2017 in Business Law | 0 comments

From 1919 to 1920, Charles Ponzi, a charismatic Italian immigrant, was able to sweet-talk thousands of individuals into shelling out millions of dollars to buy postage stamps using international reply coupons. Ponzi promised potential investors high returns for their investment, since they can purchase postage at European currencies’ lower fixed rates and then redeem these in U.S dollars at higher values. The real issue, however, was the fact that Ponzi diverted investors’ money to make payments to earlier investors and himself and, when the time came when he could no longer rustle up enough fresh investments to keep up with the money going out the door, his scheme was discovered, landing him in jail.

Now known as the Ponzi scheme, this fraudulent investment operation involves an individual or an organization luring people to invest in a non-existent business with the promise of high return. The fact, however, is scammers pay returns to investors using their own money or money paid in by subsequent investors. Since there is no legitimate business, there are also no legitimate earnings, thus Ponzi schemes require a steady flow of money from new investors to continue. If becomes difficult to recruit new investors or when a large number of investors ask to cash out, it will mean this scheme’s collapse.

According to Erez Lawyers, Ponzi schemes are quite difficult to spot, – the reason why many people still get drawn into it. There are signs, though, that may be indicative that the investment opportunity you have gotten into is a Ponzi scheme. These signs or red flags include:

  • High returns with no risk. If a fund is promising its investors a high return on their investment with little or no risk, be highly suspicious. Legitimate “high yield” investments are generally risky, and the law requires financial advisors to disclose those risks.
  • Unusual consistency in returns. The values of legitimate investments fluctuate; they go up and down along with the market. This is particularly true of investments that offer high returns. You should approach any investment opportunity that consistently provides high returns to its investors, even in an unstable market, with extreme caution.
  • No registrations or licenses. Most Ponzi investments aren’t registered with state regulators or the SEC. Registration provides investors with crucial information about a company’s inner workings to help them make informed decisions, so be skeptical of unregistered investments. Likewise, both federal and state laws require investment professionals and companies to be licensed, so use caution if an investment opportunity involves an unlicensed firm or individual.
  • Secrets and unnecessary complexity. Ponzi scheme managers find they can dupe inexperienced investors by hiding behind “company secrets” and complex or highly technical language. If a firm seems to be holding back information or providing you with documents you can’t understand, avoid investing there.
  • Paperwork problems. As an investor, you should always be able to review information about your investments in writing. Be alert for any reluctance on the part of a firm to provide you with paperwork, as well as errors or inconsistencies that can point to mismanagement of funds.
  • Trouble with payments. Ponzi schemes rely on continued cash flow from investors to keep running. They’ll often encourage you to roll over your investment, promising an even higher return, rather than paying out as promised. This should be a big red flag.

The funds that a Ponzi scheme generates are usually used to enrich the manager of the scheme. Thus, by the time a Ponzi scheme collapses or when investors discover the scheme, it can be difficult or impossible for them to get their money back. This is why it is highly necessary to get in touch with an attorney right away as investors may be able to hold legally liable their financial advisor or the brokerage firm where this advisor or broker is employed.

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Biomet’s Comprehensive Reverse Shoulder Humeral can Result to permanent loss of Shoulder Function, Infection or Death

Posted by on Feb 24, 2017 in Personal Injury | 0 comments

Shoulder replacement surgery was first performed in the U.S. in the 1950s. Its purpose was to treat severe shoulder fractures. This surgical procedure involves the removal of damaged parts of the shoulder and the implantation of an artificial device, called a prosthesis, that is similarly shaped as the shoulder part it will replace.

Shoulder replacement surgery has always been expected to provide relief from pain, besides restoring shoulder motion, function and strength. This is not the case, however, if a patient is implanted with a faulty replacement device, for instead of increased function and minimized pain, the result would rather be worse pain, additional costly medical expenses and the need for corrective surgery.

There are four types surgical procedures for shoulder replacement. The type of procedure a patient will undergo will depend on his/her doctor’s evaluation and specific health needs.

  • Total Shoulder Replacement is replacement of the original ball-and-socket with similarly shaped prosthetic parts.
  • Partial Shoulder Replacement or Stemmed Hemiarthroplasty is the procedure that needs to be performed if the humeral head has been severely fractured, but the socket is unharmed.
  • Shoulder Resurfacing or Resurfacing Hemiarthroplasty involves replacement of the joint surface of the humeral head with cap-like prosthesis.
  • Reverse Total Shoulder Replacement or Reverse Total Shoulder Arthroplasty is the procedure wherein the positions of the joint’s ball and socket are reversed or switched. This means that the ball gets attached to the scapula rather than to the humeral head, and the artificial socket is attached to the humeral head rather than to the scapula.

The Comprehensive Reverse Shoulder System Humeral Tray, which Zimmer Biomet started manufacturing on August 25, 2008, is a shoulder replacement device that is surgically implanted to help restore arm movement. This device is also beneficial for patients with rotator cuff tears who have developed a severe type of shoulder arthritis known as arthropathy and previously failed shoulder joint replacement.

On December 15, 2016, however, Zimmer Biomet, moved to recall more than 3,600 pieces of said device after it was discovered that this device was fracturing at a higher rate than is stated in its labeling. According to the U.S. Food and Drug Administration (FDA), these fractures can result in revision surgeries that can lead to serious adverse health consequences, including permanent loss of shoulder function, infection or death (though rarely).

In its website, law firm Williams Kherkher says that those who suffer a serious fracture due to a defective Zimmer Biomet comprehensive reverse shoulder system may be eligible for compensation for their pain, suffering, medical bills, and other damages. Zimmer shoulder lawsuit lawyers believe that medical device manufacturers have a responsibility to properly test and label their devices, and if those systems fail, they should be held accountable for the injuries they cause.

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Common Questions About Child Custody and Visitation

Posted by on Feb 18, 2017 in Uncategorized | 0 comments

Fighting for a parent’s right for their children may be one of the most emotional topics covered in the court. It is a good thing that there are certain law offices that have the professional experience on handling such cases, such as the Law Offices of Baden V. Mansfield.

Sure, you can trust attorneys to do everything for you, but it doesn’t hurt to have a background on things that involve child custody and visitation. Here are some of the common questions you should consider to expand your knowledge on the subject.

Are mothers more likely to get custody than fathers?
In the past, children about five years old or below are awarded to the mother, because they are still in their “tender years.” But in recent years, most states are now looking into the child’s best interest without considering his or her age and the gender of the parents.

Does custody go to one parent only?
Most of the time, both parents have some level of custody over the child. It may be joint physical custody and joint legal custody. In joint physical custody, the parents can have relatively equal amount of time spent with the child. In joint legal custody, the parents share decisions that involve the child’s growth, like educational, medical, and religious decisions.

What factors affect the court’s decision?
The court considers many factors in deciding over custody and visitation, but it all boils down to the best interest of the child. As much as possible, the court will want the child to continue its life, avoiding the most disruptions as possible. It is also going to consider the child’s age, health, and mental stability, the parent’s ability to provide food and shelter, and the emotional ties between child and parent.

Can the child select the parent he or she will live with?
The child has the right to choose with whom he or she will go with only if he or she has finally reached a certain age. The age is usually 12 or older. But the choice can still be overridden, especially if it is proven that the chosen parent is not of the best interest of the child. The court is still the absolute authority, so the child’s decision shall not be seen as too controlling after all.

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Bard G2 IVC Filters and Their Dangers

Posted by on Feb 17, 2017 in Uncategorized | 0 comments

The Bard G2 IVC Filter is a medical device surgically implanted in a person’s interior vena cava to catch potential blood clots before they even reach the lungs and cause a pulmonary embolism. It is often implanted on people who are at risk of developing blood clots, may it be because of traumatic experiences like car accidents or other events.

This filter is temporary, meaning that it should be removed after the risk of pulmonary embolism has disappeared or upon the medical professional’s decision. Serious injuries or complications can be sustained if the filter has not been removed after the risk has subsided.

Getting injured because of a device that is supposed to protect you is a tragic experience. Still, many individuals become victims of this horrible experience as if the law doesn’t have enough fangs to regulate the use of these filters.

According to the website of Bard G2 IVC lawsuit attorneys of Habush, Habush, and Rottier, injuries from such medical devices may be subject to a product liability lawsuit.

But what are the injuries you can sustain in a Bard G2 IVC Filter? They can be physical injuries or complications. These include but are limited to the following:

  • Additional blood clots
  • Cardiac or pericardial tamponade
  • Death
  • Internal bleeding
  • Perforation of blood vessels and tissues
  • Perforation of heart, lungs, and other organs
  • Pulmonary embolism
  • Punctured Vena Cava

Device migration and detachment of device components are the most frequent causes of these injuries and complications. The device has a spider-like structure, whose legs may fracture, break, and mobilize to a position where it is impossible to retrieve.

Bard has faced various lawsuits because of their G2 IVC Filter, so don’t be afraid to come forward if you or someone you know has been a victim of a defective IVC filter. After all, the law is on your side.

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Types of Workplace Injuries

Posted by on Feb 16, 2017 in Uncategorized | 0 comments

The workplace can be very dangerous and may cause injuries, not just the physically demanding jobs, but also the typical office jobs. But according to the website of LaMarca Law Group P.C., you may be able to get compensation for workplace injuries, but really, would you trade money for your health?

Prevention is still the better option, and you first step into preventing workplace accidents is to know the different types of workplace injuries that you can be vulnerable to.

Head and Brain Injuries
The brain, and generally the head, is one of the most vital parts of the human body, so an injury to it can have devastating effects. Head and brain injuries typically happen in the workplace because of falling from heights and getting hit in the head by fast or falling objects. These kinds of injuries are particularly common on articulture, construction, emergency medical services, and transportation.

According to an informative article by the Toronto brain injury attorneys at the Mazin Law Firm, brain injury claims often involve brain damage, concussions, contusions, hematomas, memory loss, and seizures.

Neck and Back Injuries
These kinds of injuries are usually the result of overextension of the spine, particularly because of lifting, pushing and pulling, and poor overall posture for long stretches of time. Those who have physically demanding jobs such as in automobile repair, construction, manufacturing, and mining are the most vulnerable to neck and back injuries, but even typical office workers can sustain such injuries, mainly because of poor ergonomics, or improper workstation design that encourages poor posture for long periods of time.

Shoulder and Hip Injuries
Shoulder and hip injuries primarily occur because of repetitive stress on the said body parts, may it be because of physically demanding tasks such as lifting in construction sites and factories, or slip-and-fall accidents.

The workplace is supposed to be safe. Not because you are getting paid to do what you are doing, it already means that you can overexert yourself or intentionally put yourself in a hazardous situation. To prevent workplace accidents, make sure to follow safety regulations, wear protective gears, don’t overexert yourself, and have the proper posture to avoid unnecessary stress to your body.

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