Anti-immigrant rhetoric from the president may have convinced some Americans to take the law into their own hands. After all, President Trump declared a national emergency at the U.S.-Mexico border two months ago and ordered National Guard troops to the border last year. So it's perhaps possible that the United Constitutional Patriots thought they were lending a friendly hand to Border Patrol agents by rounding up migrants at gunpoint and calling immigration officers on them. This seems unlikely, since the far-right militia was also "training to assassinate George Soros, Hillary Clinton and Barack Obama," according to their leader, Larry Mitchell Hopkins. And now that Hopkins has been arrested, it might a good time to revisit the law surrounding citizen's arrests and why they are generally not a good idea. Patriots and Border Patrol According to several videos taken at the border in New Mexico and posted to the group's Facebook page, men affiliated with the United Constitutional Patriots approaching migrant families and children (at one point calling themselves "border patrol"), ordering them to sit down, and calling federal agents to their location. Buzzfeed reports the group has detained hundreds of migrants in the past few months:
Officially, U.S. Customs and Border Protection "does not endorse or condone private groups or organizations that take enforcement matters into their own hands," the agency said on Twitter. "Interference by civilians in law enforcement matters could have public safety and legal consequences for all parties involved." But Buzzfeed also reported that at least one Border Patrol officials was seen leaving five women and five children in the militia's custody and agents have been photographed posing with militia members. Interestingly, Hopkins was not arrested for taking part in the militia's activities at the border. He was charged with being a felon in possession of firearms and ammunition by the FBI. Cops and Citizens Lest you get any ideas, however, you should know that so-called citizen's arrests are only permissible if you reasonably suspect someone of committing a felony, and improper entry into the country is only a misdemeanor offense. Conducting an improper arrest or using more than a reasonable amount of force to detain someone can lead to a civil lawsuit for false imprisonment, assault, battery and wrongful death. So instead of taking the law into your own hands, contact real law enforcement officials if you think a crime is occurring or has been committed. Or you may be the one needing a lawyer. Related Resources:
via http://blogs.findlaw.com/law_and_life/2019/04/vigilante-militia-detains-immigrants-at-border-leader-gets-arrested.html
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For over almost 50 years, we've been celebrating Earth Day every April 22. And while the general goal of events worldwide is the same -- to honor our planet and the concept of peace -- our understanding of environmental science and the legal framework we use to protect natural resources and our climate, has shifted dramatically over that time. So in honor of this year's Earth Day, we thought we'd look at seven of the biggest legal cases from the past year that impacted or could impact environmental law and climate change. 1. Kids' Climate Change Lawsuit Update If you hadn't heard, 21 children and young adults are suing the government, claiming the president and various government agencies have done too little to address global warming. As you'd imagine, the suit is scientifically and jurisdictionally complex, so here's the latest. 2. Court Accepts Global Warming, Rejects Cities' Lawsuit In a separate lawsuit, a federal judge in California accepted the science behind climate change as being sound, but declined to hold oil companies sued by San Francisco and Oakland liable for damages that result from global warming. 3. Tribes File Lawsuit to Block Keystone Pipeline The protests may not be on your television any more, but that just means the battle over the Keystone Pipeline has moved to the courtroom. Two tribes from Montana and South Dakota claim the Trump administration conducted no new environmental review in granting permits to build the pipeline. 4. Ben and Jerry's Sued Over Environmental Claims The ice cream makers have a pretty liberal reputation, but one lawsuit claims the company is not as environmentally friendly as it says it is. 5. Louisiana 'Cancer Alley' Victims Take Legal Action Over Environmental Racism Black neighborhoods between Baton Rouge and New Orleans were secretly re-zoned from residential to "Residential-Future Industrial," allowing petrochemical companies to move in and the cancer rate of residents to skyrocket. 6. EPA Sued for Toxic Paint Stripper The Environmental Protection Agency has become a popular target for lawsuits, as plaintiffs claim the agency hasn't done enough to protect the environment. 7. Colorado Sues Two Oil Companies for Causing Climate Change The other popular target? Oil and gas companies. Colorado is claiming Exxon and Suncor are responsible for "dwindling" snow pack, increased fire risk, and changes in the amount of annual precipitation, all caused by climate change Climate change means weather can become more extreme, affecting the entire planet. And locally, pollutants can cause sickness and death. If you have a legal claim based on environmental conditions, contact an experienced attorney today. Related Resources:
via http://blogs.findlaw.com/law_and_life/2019/04/earth-day-2019-the-year-in-environmental-litigation.html The National Hurricane Center just released its final report on Hurricane Michael, which devastated Florida's Gulf Coast last October. Meteorologists found the storm had maximum sustained winds of 160 mph when it made landfall, making it just the fourth Category 5 landfall hurricane in U.S. history. Mexico Beach and other local communities are still rebuilding, and the report has reminded many of the devastating effects of these storms. So, with hurricane season fast approaching, what steps can you take (legal and otherwise) to prepare for natural disasters? And what can you do in the immediate aftermath? Here's a look: 1. Hurricane Season: 5 Legal Tips to Prepare The best way to handle a hurricane is to be well-prepared, well in advance. Landlords and tenants should be on the same page about damages; your homeowner's insurance policy (including storm and flood coverage) should be up-to-date; be prepared for legal trespassers fleeing high winds and storm surge; and you should probably have an attorney experienced with insurance issues on speed dial. 2. Get Flood Insurance Before You Need It Most of the damage from hurricanes comes from both wind and water. But the majority of standard homeowner's policies don't include coverage for flood damage. And, in some cases, you may be required to purchase flood insurance. Find out where to look for a policy, and what you need to keep an eye out for when purchasing. 3. Can You Be Arrested for Not Complying With an Evacuation Order? Evacuation orders can be tricky. Generally speaking, government officials have citizens' best interests at heart in trying to move them away from the most dangerous storm areas. But many people are loath to leave their homes, and mass evacuations can cause massive traffic jams, stranding people in cars and far from shelter or services. So, what happens if you don't leave after being ordered to? 4. Preventing Injuries During, After Hurricanes, Storms What are some best practices for staying safe once the hurricane hits? Storing non-perishable food and clean water are key. And be aware of natural dangers large and small: high winds can cause trees and limbs to come down outside, and wet, watery conditions can cause mold and mildew inside. 5. When to Get a Lawyer for Hurricane Damage Priority number one before, during, and after a hurricane is safety. But afterwards, you may need some legal help. You can contact a local attorney for assistance with hurricane damage claims and insurance coverage issues. Related Resources:
via http://blogs.findlaw.com/law_and_life/2019/04/hurricane-preparation-and-response-top-5-legal-tips.html The conclusion of Special Counsel Robert Mueller's investigation, and the issuing of his final report, have been about as much of a media circus as we've all come to expect. However, as the 400-plus page report explains, Mueller did not find a "criminal conspiracy" between the Trump campaign and Russian actors, nor did it come to a conclusion as to whether the President obstructed justice. Before the report was even issued, Congress was informed that the report failed to prove President Trump, or his campaign, "colluded" with Russia, but even Attorney General Barr made it clear that the report did not totally exonerate the President. Highlights of Questionable Conduct While the report concludes that there isn't strong enough evidence to prosecute President Trump, the numerous on-going and completed prosecutions that have resulted from the investigation are discussed. Furthermore, the report highlights many of the statements President Trump made that are highly questionable. One such statement includes the President lamenting that "his presidency is over" after learning that Special Prosecutor Robert Mueller was appointed. The anecdote relayed in the report also describes how President Trump demanded then-Attorney General Jeff Session resign, but after receiving his letter of resignation, essentially asked him to stay on, but did not return the letter of resignation for several days. In addition to the numerous prosecutions and questionable statements and conduct, the Mueller report explains that much electronic evidence was lost due to the use of encryption technologies and applications that would automatically delete messages. What Comes Next? As suggested at a press conference around the time of the report's release, and by Congressional leaders, it seems likely that Mueller will be called to testify before Congress about his report and investigation. Attorney General William Barr, while under near-constant accusations of acting in a highly partisan manner, stated that he would not have any objection to Mueller testifying. Until Mueller testifies (and likely even after), you can expect that more news reports and analyses (and reactions) will get published. Some reports already suggest that Mueller's report will be used by Congress or another special prosecutor as the basis of obstruction or other charges. Related Resources:
via http://blogs.findlaw.com/law_and_life/2019/04/whats-in-the-mueller-report.html Believe it or not, anyone can request that federal agencies turn over official records. The same is true of state agencies as well. Under federal law, the Freedom of Information Act, commonly referred to as FOIA, allows anyone to obtain copies of important government records from federal agencies simply by request (and usually paying an associated fee). States have similar laws that apply to state and local agencies. However, not all records are available, and not everything in the available records will be disclosed, as there are several categories of information that cannot be produced for national security, individual privacy, and a whole host of other reasons. What?s the Point of FOIA? There are countless reasons why an individual would want to request government documents. They may be interested in government administration; working on a personal, school, or research project; or trying to write a book, blog, or something else, and think that there might be useful or helpful information in the records. One common use for FOIA requests is to review government spending, actual practices and policies. One less common use is investigating government conspiracies about extraterrestrial encounters. How to Get Government Docs Before you make an FOIA request, you should do a thorough internet search to confirm that the documents and/or information you seek isn?t already published online somewhere. Government agencies are required to publish quite a bit of information about the agencies themselves, and their work, and many do so online. While requesting the documents you want is relatively simple, often, actually getting what you want is a different story. Sometimes it can take a very long time. The first step is figuring out which agency you want to request information from, then review their website for information about how to make an FOIA request. Some agencies allow these requests via a simple email stating the necessary information, some require you to submit a particular form, and some will only accept requests via standard mail or fax. Notably, FOIA requests are not free. Agencies can require requesters pay for reasonable costs in searching for the information, as well as costs for copying. Requesters are usually asked to specify how much they are willing to pay, and can opt to have the agency contact them before charging any costs in excess of that amount. Related Resources:
via http://blogs.findlaw.com/law_and_life/2019/04/can-just-anyone-get-government-documents.html Today is Tax Day. So hopefully, you've already filed your taxes. Or, if you hired a CPA or accounting firm to do your taxes, they've got plans to file them by the end of the day. You might also be wondering, given the news cycle, whether your tax returns are public documents. The subject of President Donald Trump's tax returns has been percolating for years in the media, but the rhetoric has ramped up in recent weeks, as the House Ways and Means Committee first requested the past six years' worth of Trump's tax filings from the IRS, then, after the agency failed to comply, gave IRS Commissioner Chuck Rettig on April 23 deadline on turning over the documents. The House Oversight and Reform Committee also allegedly threatened to subpoena Trump's accounting firm, Mazars USA, to get the tax returns. In response, Trump's attorneys counter-threatened Mazars, warning the accountants not to release the tax filings lest they face a potential lawsuit. So, what's the story with tax returns? Are they public information? And can your CPA just release them to anybody? Are Taxes Public or Private Documents? As a general matter, your tax returns aren't automatically public documents just because they are filed with the IRS. While you have access to your previous filings and IRS records, the public doesn't have the same access to others'. And although all IRS records are subject to Freedom of Information Act requests, the IRS is not required to release all documents subject to FOIA requests based on several exemptions and exclusions. For instance, the IRS can decline to disclose tax information based on national security, trade secret, or law enforcement interests. There is also an exemption based on personal privacy that allows the IRS "to withhold personal data kept in its files where there is an expectation of privacy," which applies to most everyone's personal tax returns. Politics as Usual? A public official's tax returns have always been the subject of political debate, and most presidents (and even presidential candidates) have been willing to release their tax returns voluntarily. That means there is no law requiring release, although that is what some congressional committees are considering. That also means that release of tax returns could come down to confidentiality issues. The AICPA Code of Professional Conduct requires CPAs to get consent before disclosing confidential client information, unless they are asked to comply with a validly issued and enforceable subpoena. Tax attorneys, on the other hand, offer an added layer of security as any information you provide your tax attorney is usually protected by client-attorney privilege. That could end up handy if, say, your tax returns become part of a criminal investigation. That's just one reason to hire a tax attorney instead of a CPA, or to talk to an attorney if your accountant releases your tax information without consent. Related Resources:
via http://blogs.findlaw.com/law_and_life/2019/04/can-my-accountant-release-my-tax-returns.html The state of Massachusetts has become the 16th state to officially ban ?gay conversion therapy? for minors. And the trend is continuing, with a bill now being sponsored in Congress that would prohibit Medicare funding for it. ?Gay conversion therapy,? in case you didn?t know, seeks to change a person?s sexual orientation or gender identity, and regards LGBTQ identities as an illness to be corrected. The basis of and practice of ?gay conversion therapy? has been discredited and is widely considered harmful. Torturing Youth It has been reported that the practice of ?gay conversion therapy? can sometimes involve ?aversion therapy? with the use of electric shocks, forced vomiting, and other unsound methods, as the punishment for undesired behaviors. But even without those extreme cases, the damage to the youth forced undergo these alleged treatments is very real. These alleged treatments have been found to increase the likelihood that a youth will suffer severe psychological distress, as well as the odds of that youth attempting suicide. In fact, a recent study found that the risk that a youth would attempt suicide is increased by five times if they undergo the alleged treatment. The Law Moving Forward Thus far, while many states still have not followed suit, the general consensus seems to be that the practice is dangerous, and can even be fatal. For adults who undergo conversion therapy, the risks are astounding and can include: Depression, guilt, helplessness, hopelessness, shame, social withdrawal, suicidality, substance abuse, stress, disappointment, self-blame, decreased self-esteem and authenticity to others, increased self-hatred, hostility and blame toward parents, feelings of anger and betrayal, loss of friends and potential romantic partners, problems in sexual and emotional intimacy, sexual dysfunction, high-risk sexual behaviors, a feeling of being dehumanized and untrue to self, a loss of faith, and a sense of having wasted time and resources. And for minors, those risks are even greater as they are often coupled with the feeling of familial rejection. Notably, the Trevor Project is a non-profit organization dedicated to banning ?gay conversion therapy? nationwide. Its goal is to put forth legislation in every state to prohibit licensed health care providers from engaging in the practice with minors. The organization also offers help, such as crisis counseling, to LGBTQ youth in need. Related Resources:
via http://blogs.findlaw.com/law_and_life/2019/04/mass-bans-gay-conversion-therapy.html Tax Day is on Monday, and hopefully you've got all your annual financial ducks in a row. And, if not, maybe this reminder will help you get ready. Filing your taxes can be stressful, but that stress usually comes from the unknown. So here are five of the most frequently asked questions regarding Tax Day, and what you need to know about the filing deadline. 1. What Documents Should You Save for Taxes, Finances? Do you really need every receipt for your self-employment expenses? And how do you prove the mileage and depreciation on your car for the year? Which documents do you need to include in your tax filing? And how long do you need to keep copies in your files? Find out here. 2. Will Your Tax Return Be Higher This Year? That's what we all want to know, right? From new tax laws to new homes, there are several factors that will impact your tax return from year to year. Find out how the new tax brackets and old tax deductions will affect your filing. 3. When Is It Too Late to File My Taxes? Monday is the day. But you can file later, with an extension. Beware, though -- if you owe taxes they are due on the 15th and may accrue interest beginning on that day. And there can be significant penalties for filing late and failing to file. And that's for your 2018 taxes -- find out what happens if you didn't file last year or the year before that. 4. What Can the IRS Do If I Didn't File My Taxes? And if you miss Monday's deadline? Don't worry -- you're probably not going to jail. But that doesn't mean that you won't be facing some serious fines. 5. When Are Tax Attorneys Worth the Cost? If you've waited this long to file, chances are you could use a hand. Good tax lawyers don't come cheap, but you tend to get what you pay for. And if you don't hire some help, you could end up paying more in the long run. So contact an experienced tax attorney for help with your taxes, preferably before the Monday deadline. Related Resources:
via http://blogs.findlaw.com/law_and_life/2019/04/tax-day-faq-what-you-need-to-know-for-april-15.html The modern American health care system can seem like a mess. Many of us have health insurance through our employers, with different coverage options, deductibles, and copays. Many others are on Obamacare, with its own enrollment period, possible penalties if you're not covered, and legal challenges to the Affordable Care Act. Medicaid covers low-income people who don't have the financial means to afford health care on the private market. And then there is Medicare, which applies to everyone aged 65 or older who has paid into the system, usually through payroll or self-employment taxes. But do you automatically get Medicare once you turn 65? And if you need to enroll, can you miss your window if you wait too long? Automatic Enrollment There are some people who will be enrolled into Medicare automatically. If you have already received Social Security benefits before you turn 65 or are receiving disability benefits, you may be automatically enrolled in Medicare, in which case you'll get a Medicare card in the mail three months before your 65th birthday or your 25th month of disability. If you're not enrolled automatically, you need to apply online. Most people have a 7-month initial Medicare enrollment period that begins three months before the month you turn 65, includes the month you turn 65, and ends three months after the month you turn 65. And there are different parts of Medicare:
Enrollment Penalties and Gaps Medicare.gov recommends enrolling in Part A when you turn 65, even if you already have health insurance from an employer, because you've probably paid Medicare taxes while you worked so you won't pay a monthly premium for Part A. Also, if you don't enroll when you're first eligible, you may have to pay a Part B late enrollment penalty. You may have a gap in your health insurance coverage if you decide you want Part B later. If you've been denied health insurance coverage or a specific claim, or have more Medicare questions, contact a local health care attorney. Related Resources:
via http://blogs.findlaw.com/law_and_life/2019/04/when-is-it-too-late-to-enroll-in-medicare.html One of the great features of Facebook, for advertisers, is the ability to target people based on their location and interests. Where Facebook gets into trouble, however, is when it lets certain advertisers restrict access to ads based on gender or race. The social network has already been sued for allowing employers to exclude women and non-binary users from receiving certain job postings and accused of allowing advertisers to exclude specific groups from seeing advertisements based on "Ethnic Affinities." Now, the Department of Housing and Urban Development is suing Facebook for violating the Fair Housing Act by "encouraging, enabling and causing housing discrimination" in allowing companies to decide who can see certain housing ads. Slamming the Door "Facebook is discriminating against people based upon who they are and where they live," HUD Secretary Ben Carson said in a statement. "Using a computer to limit a person's housing choices can be just as discriminatory as slamming a door in someone's face." Under the Fair Housing Act, it's illegal to "make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination." "Because of the way [Facebook] designed its advertising platform," HUD claims, "ads for housing and housing-related services are shown to large audiences that are severely biased based on characteristics protected by the Act, such as audiences of tens of thousands of users that are nearly all men or nearly all women." According to the official charging document, Facebook allowed housing advertisers to limit their audience to users classified as "Christian" or "Childfree," while blocking those whose attributes included "women in the workforce," "moms of grade school kids," "foreigners," "Puerto Rico Islanders," or people interested in "parenting," "accessibility," "service animal," "Hijab Fashion," or "Hispanic Culture." Opening a Window? The charges caught the social media giant off guard, according to Facebook representative Joe Osborne. "We're surprised by HUD's decision, as we've been working with them to address their concerns and have taken significant steps to prevent ads discrimination," Osborne told the Washington Post. "We're disappointed by today's developments, but we'll continue working with civil rights experts on these issues." If you think you've been discriminated against when it comes to housing, based on your sex, race, or gender identity, contact an experienced civil rights attorney for help. Related Resources:
via http://blogs.findlaw.com/law_and_life/2019/03/facebook-charged-with-housing-discrimination-over-targeted-ads.html |