Company Affair

The concept of “know your customer“  is a policy that was enacted by the U.S. Patriot Act.  This policy states simply that companies are now required by law to investigate and to report those customers that they find suspicious of criminal activity.  The way in which computer Internet companies and cable service providers go about conducting that policy is supported by the various sections of the Patriot Act.

In much the same way that Internet companies may request government assistance in the form of wire taps on those that may be breaking the law on their computer, cell phone companies may request the same type of assistance.  The authority for surveillance on roving records is very similar to the wiretaps.  A roving tap allows investigators working for the government to monitor and to intercept all of the communications, either wire or electronic, on a suspect when it relates to the kinds of conduct for which they are being investigated.  This has expanding the investigation capabilities as it allows those investigators the ability to follow the activity no matter where the suspect is at any given moment.

This has been a solution to the problem of previous days, when criminals would go from public phone to public phone in order to avoid detection, and speaking for only brief periods of times to prevent the tapping of the phone calls.  With regards to cell phones, the surveillance capabilities have improved as a result of the September 11 attacks on New York.  In that case, suspects where buying disposable cell phones, using them for a bit and then disposing of them, and then buying new ones.

It was a modern case of going from booth to booth.  This authority for roving taps is not limited to the surveillance of voice activated communications, it extends to the Internet as well, when it is discovered that a suspect is changing there accounts on the Internet each day or some cases, many times in one day, allowing the tracing of the emails that are being sent.  This is all part of the “know your customer” type of investigation techniques being employed currently

Last month the law firm of Gibson Dunn issued a memo.  This memo was a look, a comprehensive and thorough look at the rise of the activity of enforcement of the policies and procedures of the Foreign Corrupt Practices Act. It also examined the level of civil cases and litigation that has followed up that enforcement.  What has been shown is that there may be and increase in both of those aspects in the coming months and years, a continued increase in the civil cases and the continued enforcement on the activity that the FCPA is involved in.  There are so many ongoing investigations at this time, that they suspect these trends to continue.

And just as those levels of activity has increased, so to has the number of prosecutions done so as well.  The memo noted the fact that during the fist half of 2009, more prosecutions based on the FCPA investigations took place during the six months, than during the entire year than had preceded.  This far exceeds the work that has been accomplished in the past.  To date, one hundred and twenty companies are under investigation for fraud and corruption. There is always a heightened threat of civil litigation in the wake of increased enforcement and even with the policy set out by the FCPA that does not acknowledge the private rights of civil actions, many lawyers have seen this as an opportunity to turn the alleged violations int any number of civil litigation actions.

This includes corruption such as fraud, tort claims, and contract claims.  And further, this is leading to more and more cases wherein the corporations that are defending themselves, have taken action and brought suits against the exact individuals who were responsible for the investigations.  In their defense, they are pointing out the ones directly involved in the activities for which the entire company is being prosecuted.  And many of the plaintiffs have begun to file their own lawsuits that are derivative of the orginal lawsuits, the shareholders are now filing court papers.  Share holders are suing companies for failing to practice due diligence in regards to the inner workings of their company, for not properly taking the care to ensure that suspicious activities were not taking place.

There are many allegations of corruption that have been made in Tanzania as of late.  From money laundering, to bribery and extortion.  This comes in the wake of the protests of the citizens of the country as well as an extremely large amount of media coverage in the recent weeks.  The people of the country are agree and the government is embarrassed , as some of the members are they themselves under investigation.  The country is already poor, and all that this serves to do is to make them even more so.  As more countries around the world are refusing to do business in Tanzania, the economic conditions there are just getting worse.  One of the cases involves the Bank of Tanzania, and involves money laundering.

It is the practice of the employees and the directors American banks to make a suspicious activity report if they notice transactions that are out of the ordinary, or if large amounts of cash are deposited in one transaction. It seems that the Bank of Tanzania did not do that. The trouble is that this is not a case of another company doing business with the bank and there being suspicious activity, the suspicious activity occurred within the bank itself.  What has allegedly happened is that large payments have been made out of one of the external debt accounts of the Bank itself.  Some claims are that they are in the amount of two hundred million and some reports say as much as eight hundred million.

The governor of the Bank, v claims that he was not involved and did not know anything about it.  He stated that these were just rumors and not based on an actual investigation.  However, Zakia Meghi is the Minister of Finance for Tanzania and she did not feel the same.  She hired an auditor from outside the bank to review all of the transactions that were made involving the accounts of the Bank.  The are examined the internal control methods and looked whether or not the transactions were variable with documents that support that. The audit was completed last year, however no conclusion has been published as of yet and the press has been having a field day.

What is the difference between a good lawyer, and a great lawyer.  There are many good lawyers practicing in current times.  But the really great ones are, in many cases, difficult to find.  Well, all clients want their phone calls to be returned in a timely manner, and a good lawyer will do that.  However, how many times will a lawyer call without being prompted, just to check in?  Well, Las Vegas lawyers know that that is just what a great lawyer does. 

It is assumed that when one passes the Bar Exam, that one is aware of and knowledgeable about the laws and the justice system, and good lawyers do.  A great lawyer will take a look at those laws and apply them to each specific client.  They understand their client’s needs, they just simply understand their client.  And a good lawyer will keep up with the legal documentation, the work, the court dates while a great lawyer will do the same, however in a more thorough and again, thoughtful manner, always keeping the context of not only the case at hand in mind, but the business of each client they are working with and working for. 

Efficiently working, and effectively getting the job done is the sign of one that is good at their work.  Those that work with the ethics that are above standards, are those that search for the ways in which that work will eventually be more valuable in the long run.  They go above and beyond what is required of them, in these instances clients are literally getting more than they have paid for.  Professionalism reigns in the world of law, and being treated with respect is one thing that everyone deserves. 

Great lawyers not only respect, they get to know and to understand those whom they are working for.  They pay attention to the variety of people they meet and recognized diversity in thought, in modes of communication, and they attend to the individual.  So then, what is the difference between good and great, it is the human aspect.  This is true not only in the practice of law, but in every form of business and in every segment of daily life.

The FCPA, Foreign Corrupt Practices Act prohibits companies and corporations from conducting business transactions that involve the criminal activities of either collecting or paying of bribes to government officials and political officers in foreign countries.  This is a federal law that was passed by Congress in 1977, and it affects the businesses of the United States in the actions that they partake in at home and abroad.  The bill was passed at the time to address the massive numbers of the cases of bribery and scandal.  At the time several corporations involved were damaged financial as well as the damage caused to their reputation.  This caused unrest in the political arena at home as well as on the international level.

Since its inception the bill has gone through a number of amendments which have served to expand the scope of the policies and the applicability of those regulations.  The amendments have also created a relation between the anti-corruption policies that are in place in the other countries around the world.  The focus on the accountability of business practices following the years of September 11, has led to an increase in the number of actions of enforcement in the investigations of the FCPA.

In 2004 there were five ongoing investigations.  By 2008 that number had increased to ninety one.  The statutes of the FCPA simply prohibits bribery, of officials, officers and employees in any sector of a foreign government.  This also applies to anyone acting on behalf of that government, even those who are still in the process of running for office.  These are known as the anti-bribery provisions.  There are also separate provisions that address the accounting departments of said companies and corporations. Accurate book keeping and internal diligence is required as outlined by the act and required by federal law.  The provisions concerning the accounting departments were added as much of the concealment of and falsification of the records regarding acts of bribery occurs in the accounting departments.

Northumberland is an incredible region of the country of England.  The population is relatively low, and the square miles is just under two thousand.  One of the main towns in the region is Berwick-upon-Tweed, and has ‘changed’ nationalities many times over the last few hundred years, between Scotland and England.  In fact the local soccer team, plays in the football league of Scotland.  One short trip that should be taken on any Berwick holiday is to the Northumberland National Park.  The landscaping in the park is far reaching and beautiful, from the Cheviot Hills to Hadrian’s Wall.  The park is situated in the center of Great Britain, and is a vast wide open space of unspoiled natural wonders.  Archaeological remains sit aside a thriving culture, and the traditional lifestyle of those living in the surrounding villages creates peace and relaxation.  Each section of the park as its own personality and characteristic.

The Cheviot Hills,  which were formed through volcanic activity, are located on the North side of the park, and are filled with rolling waves of the green of the grasslands.  There are ancient ruins and forts, and many rivers running through the hills.  These hills indicate the border between England and Scotland.  One may take a picnic in the Breamish Valley or take a swim in the rivers, but be prepared to share the water with the otters.  A museum is located close by in the National Park center wherein one may view the relics on display, or listen to lectures outlining the history behind the finds.

This is also a popular destination for hikers and mountain bike riders, which offer not only exercise, but trails that lead through historic ruins, for even to this day the imprints in the ground left by the pre-Roman huts are still visible. Those taking the rides or the hikes will also be amazed at the Linhope Spout waterfall.   Two villages sit in the middle of the park, Holystone and Harbottle.  This area is known as the Upper Coquet Valley.  In the western side of the park there are two valleys, that of Redesdale and North Tyne.  This is the region that is still home to the rare species, the red squirrel.  This is a very popular day trip for those living in Newcastle and Berwick, and is one trip that should not be missed on a visit to the UK.

Often people involved in an accident do not claim compensation.  An accident claim is something you should partake in when you are involved in an accident.

If you are injured you should put in a claim for personal injury.  You should seek out a personal injury claims solicitor to help you understand the legal language.    Usually they work on a no-win , no-fee basis.  Once you put in your compensation claim it leaves you to concentrate on recovering from your injuries.

It is important that you find a solicitor that specializes in this field.  Often your family solicitor may not know all that they need to as they do not work full time on injury claims.  An injury claims lawyer will have the knowledge to maximize your chance of success with your claim.

The main thing with a personal injury claim is to do it immediately.  Therefore once you are involved in an accident I would advise you to seek out a personal injury claim solicitor as soon as possible.

Last week I received a class action lawsuit notice through the mail.  I had no idea what it was about except it involved a credit card company that I do business with.  At the time I was considering throwing it in the nearest bin.  Then I reconsidered as I realized there may be some money in it for me!

So what are class action lawsuits?  Well it’s litigation to determine the legal outcome for large numbers of people whose cases involves a common question of law. In a nutshell this means that it gives ordinary people the opportunity to take on large organizations or companies with expensive lawyers.   Sometimes the class action lawsuit involves a large number of individuals who each can get something from the outcome.  This can really add up and can be very costly for the company involved in the lawsuit.