New York Business Litigation Attorney Blog

Victims of Nicholas Cosmo, the Long Island Ponzi schemer, are now being asked by courts to return money they withdrew just before the scheme collapsed, outraging many investors, Fox News reports.

In the best of times, investments can be uncertain, but especially in these tough economy times. But what the Great Recession has done is exposed the many financial schemes that investment specialists have concocted to rip off people and strip them of their hard-earned savings. Investment Lawyers are prepared to represent anyone who has been ripped off by investment firms and people who make false claims about money-making schemes.

Cosmo pleaded guilty to mail and wire fraud in 2010 as part of a $413 million Ponzi scheme through his company, Agape World Inc. in Hauppauge. He was also convicted of mail fraud in 1999 and allegedly used more than $200,000 from Agape to pay for restitution in that case. He faces up to 40 years in prison.

A Ponzi scheme occurs when an investment group finds investors to give them money, usually promising outrageous returns on their contributions. The scheme pays early investors with money from the new investors and eventually is doomed to collapse because it is unable to sustain those kinds of payouts. Typically, the people running the investment take money for themselves, while ripping off the investors. The term was named after Charles Ponzi, who used the technique in 1920.

Fox News reports that because there are federal bankruptcy court lawsuits pending, investors are being ordered by judges to return money they withdrew from the investment scheme, even if they thought it was interest and used it to pay bills or make other purchases. Some people interviewed said they lost tens of thousands of dollars and are now being ordered to pay back even more money. The law is designed to prevent investors from getting preferential treatment if they withdrew money 90 days before a scheme collapses.

Investment brokers, fund managers and other workers who have the power to control people's money are always facing criticism when an investment idea goes south. It's possible that allegations of securities fraud and other wrongdoings can threaten the health of a business or company.

While our firm represents victims in cases like this, we are also well-equipped and have experience defending companies accused of wrongdoing. While there have definitely been many examples of high-profile investment and financially based schemes, there are also empty allegations made every day because the Great Recession has trampled on people's savings and caused them great harm.

Sometimes it isn't fraud, but simply an economic downturn that makes an investment go south. So, if you are either a victim of fraud or an investment manager who has been falsely accused, either with criminal charges or civil lawsuits, consult with our firm immediately. We will study the records, subpoena information and work to sort out all the facts.

Continue reading ""Baby Madoff" Victims Feel Victimized Again in Long Island Investment Scheme" »

The Second Circuit Court of Appeals recently ruled that New York City publisher Penguin Group can sue Oregon-based non-profit group American Buddha in New York for copyright infringement, according to a recent ruling in the case.

Copyright infringement and other intellectual property matters in New York must be handled aggressively and quickly because they can be crucial to the survival of any company. Hiring competent counsel to intervene and put an end to such illegal activity is critical.

According to the recent court ruling, Penguin sued the non-profit group, which has an online library of classical literature and other works, including four published in print by Penguin. The publishing company alleged that by American Buddha posting four books on the Internet, it violated copyrights in works that it had published.

The reason for the appeals are based on the legal question of where the damage to Penguin occurred. According to the New York district court where the case was filed, Penguin didn't suffer any damage in New York, but presumably did in Oregon or Arizona, where the online site's servers are located. According to the New York Code's long-arm statute, a court can have jurisdiction over a non-domiciliary who commits a tortious act that could have consequences in New York.

According to the court ruling, Penguin had to show it suffered injury "within the state," which the lower court ruled it did not. The lower court decided it suffered injury in Oregon and Arizona, where the non-profits servers are located, not where the books were downloaded and used, which could have been anywhere in the world, including New York.

But the appellate court decided that it must interpret what the New York Legislature intended in attempting to protect New Yorkers from copyright infringement by non-New Yorkers. The panel identified the "right of a copyright holder to exclude others from using his property as a critical factor that tips the balance in favor of identifying New York as the situs of injury."

The court of appeals vacated the judgment dismissing Penguin's complaint and remanded the case back to the district court for further proceedings.

In this case, Penguin, a worldwide company that publishes millions of books for children and adults, was taking a step to try to protect their product from a group that the court ruled has damaged them by offering its products for free online. The Internet has made copyright infringement and intellectual property rights law much more important to enforce because once an idea or product is stolen and published online, it often can't be brought back.

That's why trusting in an experienced team of business law attorneys in Great Neck is critical in protecting your product and company from outsiders who threaten your survival. Use the laws of New York to your advantage and to protect you from this harm and consult today with a law firm that has used this type of law for decades to save companies who have been unlawfully attacked.

Continue reading "Penguin Group V. American Buddha Shows the Need for Copyright Lawyers" »

A Brooklyn man who allegedly dropped an F-bomb on a flight to Newark recently has considered suing the airline, The Detroit Free Press reports.

In this era of heightened security and threats of terrorism, airlines and the Transportation Security Administration have taken it upon themselves to discriminate in the way they treat passengers. While most Americans would give anything to make sure our borders are safe from terrorism, there are times when passengers face discrimination in New York airports. Civil Rights Lawyers are committed to fighting for the rights of consumers throughout New York City, Long Island and the tri-state area.

According to news reports, the 37-year-old Brooklyn man was on a layover in Detroit flying to Newark from his cousin's wedding in Kansas City when he complained to a fellow passenger about a 45-minute delay.

"I said, 'What is taking so long? I said, 'What the 'F' is going on,'" the man told the newspaper. The man said he wasn't directing the comment at a flight attendant, but the plane, which was taxiing on the runway, turned around and Detroit Metro Airport Police boarded and escorted the man off the flight.

The man claimed he was hungover and not drunk and denied that his comment was directed at anyone or said loud enough for others to hear. The airline put him on a later flight.

The United States has long established itself as a country that protects people's individual rights. But discrimination is still an issue that creeps up in every area of society. Whether it be in the workplace, in government or in the public -- from airplanes to hotels -- people in power can be unlawful in their choice of who does and doesn't get favor in a particular situation.

As New York, and our nation as a whole, becomes more diversified, there is more opportunity for discrimination and violations of civil rights. Respect for our differences, based on gender, race, religion, sexual orientation or a host of other reasons, often lags where it should prosper.

While many have blurred the lines between Freedom of Speech and threats to security, our law firm is dedicated to sorting out the grey areas and seeking justice for those who have been wronged. Our country's principles rest on individual rights and the ability to live a life safe from fear of oppression and unjust bias and discrimination.

The man said he lost a cousin during the Sept. 11 attacks and is sensitive to threats on airplanes. He said he was embarrassed by the airline's actions. But in this case, he may have to prove the airline violated his rights by calling in police to investigate what he said. Some people believe airlines go too far in kicking off passengers from planes, though they do run private companies, so cases can be difficult.

If you believe you are the victim of some kind of discrimination by airlines and it's possible your rights have been violated, contact New York City Civil Rights Lawyers today. Our team of experienced and aggressive lawyers can help protect your rights and ensure justice is done. Many consumers feel threatened when considering taking on large corporations, but we don't. We will fight for what's right and stand by your side.

Continue reading "Brooklyn Man Thrown Off Flight For Cursing Considers Civil Rights Lawsuit" »

The owner of Sazon, a popular Puerto Rican eatery in TriBeCa, has filed a $50 million discrimination lawsuit against city and state officials, alleging that recent complaints against the business are racially based, The New York Post reports.

New York Lawyers represent not only consumers, but also businesses that feel they have faced discrimination that threatens their well-being. It is crucial that governmental agencies be held accountable when their agents unlawfully discriminate against businesses. Our New York labor law attorneys are well-equipped to ensure businesses are treated fairly.

Saxon, the restaurant, filed a lawsuit recently, claiming that Community Board 1 curtailed his hours of operation and banned live music or a disc jockey after learning he planned on playing Latino music, saying he wouldn't get a liquor license if he didn't agree to the board's terms, the article states.

The federal lawsuit also states he was fined $5,000 after a board member sent the New York State Liquor Authority after him and caught people dancing and being served drinks in a downstairs lounge. Despite the success of similarly themed East Side restaurant Sofrito, the lawsuit states neighbors of Sazon have lodged complaints and subjected patrons to ugly racial remarks.

According to the U.S. Equal Opportunity Employment Commission, of the 99,922 discrimination complaints in 2010, 11,304 were based on national origin. That made up about 11 percent of the total number of complaints.

In this competitive market, it is absolutely crucial that business owners protect their investments and livelihoods as best they can. In New York, that sometimes means filing lawsuits against other businesses, sometimes for copyright infringement, and sometimes the government for abuses in licensing. When discrimination is involved, so should Great Neck Business Lawyers.

But while businesses sometimes feel they are subjected to discrimination, individual workers or consumers file the most discrimination lawsuits in New York. In one recent case, two men have sued the Apple Store in New York City, claiming they were discriminated against based on their race, according to The Huffington Post.

According to the article, the two black men alleged they were forced to leave the store in December 2010 because of their race. The lawsuit states the men entered the store to buy headphones and were wearing baggy jeans and sweaters with hoods when a white Apple employee in his 50s, standing 6-foot-2 and weighing 225 pounds allegedly approached them.

According to the lawsuit, the man said "You know the deal. You know the deal" and told them they had to leave unless they planned on shopping. The man told them he didn't want "your kind" hanging out in the store.

These types of occurrences are disturbing and must be fought in court. While many people are initially shocked and hurt by such actions, it is important to quickly seek an experienced law firm that handles these types of cases. The more time that goes by can hurt your case because witnesses will move or forget what happened and it's possible that the statute of limitations could cost you an opportunity to seek justice. Don't hesitate; act today.

Continue reading "TriBeCa Restaurant Files Discrimination Suit Against New York City and State" »

Citigroup customers, whose accounts were hacked last month, weren't told for three weeks that the breach had occurred, CNN reports.

New York City Identity theft has become an increasingly popular crime in our society as the Internet has become so available and also because companies have used it to store so much critical data. Consumer Lawyers have seen how frustrating and devastating identity theft can be for victims. If you need help putting the pieces back together after you've been victimized, contact our identity theft lawyers today.

The Wall Street Journal reported that Citigroup didn't immediately notify customers because it was first conducting an internal investigation. On June 9, the company announced it discovered a security breach where a hacker accessed more than 200,000 accounts. That's about 1 percent of the 21 million credit card accounts in North America, CNN reports.

Citigroup is among several large companies that have experienced online breaches in the last few months. Lockheed Martin was the victim of cyber attacks, as was Sony in April and May, which affected several of its gaming systems and compromised more than 100 million user accounts, including credit card information, Bloomberg reported. Sony has come under fire lately because hacker groups have relentlessly attacked the company's servers to its PlayStation Network as well as some of its other sites. With millions of people's account information, customers have become increasingly upset that their information was compromised and that it has taken weeks for Sony to restore and secure its servers.

According to the Federal Trade Commission, there were 250,852 identity theft complaints in 2010, comprising 19 percent of the 1.3 million consumer complaints each year. To put that into perspective, there were 86,250 complaints of identity theft in 2001. That's a 190 percent increase in 9 years.

There's no doubt that the increased popularity in the Internet is a factor in the increase. But a person's identity can be stolen in other ways, too.

• Rifling through a person's trash to steal mail that could contain personal information
• Using electronic means to steal a credit or debit card number during a legitimate purchase
• Using spam email to act as your bank and attempt to get your information, called phishing
• Fraudulently changing your address to divert mail
• Gaining access to your records illegally
• Stealing purses or wallets to obtain personal information

It's easier than ever for this type of fraud to occur, so if you are the victim of identity theft, call today. Our lawyers can help you safeguard your assets and stop any potential long-term ill effects to your credit and peace of mind. Take action to protect your hard-earned reputation and identity. Everyone is at risk for this life-altering crime, so make sure you are in the best hands if you are betrayed.

Continue reading "Citigroup Mum For Three Weeks To Customers Whose Accounts Were Hacked" »

A Brooklyn woman has sued "Completely Bare" spas and owner Cindy Barshop, alleging she was discriminated against the owner and the company because she is black, The New York Post reports. Barshop is a star on the television show "Real Housewives of New York City."

Sadly, discrimination in New York isn't uncommon. Many workplaces discriminate against their employees, whether intentionally or accidentally. Regardless of the reason, it's wrong. But there are other times when employees falsely accuse companies of discrimination simply to try to get a pay day. Hiring New York Employment Lawyers either to sue or defend from a discrimination lawsuit is vital.

According to The Post, a 25-year-old black woman applied online and was hired over the phone to work at the company's Fifth Avenue flagship shop in March. When she started, her lawsuit claims, employees didn't properly train her, commented that she was hired to "inject some color" into the company and that she was fired a week after she complained to Barshop about her treatment. The company said the woman was fired because of the quality of her work.

The Real Housewives of New York City is a reality television series featuring several women, many of whom aren't actually married, and their high-class escapades in Manhattan. The show airs on Bravo.

This appears to be a case where the woman will have to show a jury she suffered from discrimination, while the company and employees may very well say she was just bad at her job. While the New York State Division of Human Rights can work out many discrimination complaints, sometimes governmental agencies don't work quickly enough and don't put in the kind of personal touch needed in such a case.

Employment Lawyers have been handling these types of complaints and cases for decades. Everyone deserves to be treated with respect and shouldn't suffer from employers or co-workers treating them differently. This goes for areas of life other than employment, such as housing and public accommodations.

In 2010, the U.S. Equal Employment Opportunity Commission received 99,922 complaints of discrimination, which was up 7 percent from 2009. Among those complaints, 35,890 of those complaints were based on race-related discrimination, about 36 percent of the total number.

While the United States prides itself on equality and freedom, discrimination still happens today. Whether it happens out in the open or occurs in decisions made in closed-door meetings, discrimination can make a workplace difficult to bear.

But there are also times when employers are unfairly targeted by employees who don't do a good job and take it as discrimination. Companies have a right to hire and fire employees, depending on the terms of their contracts, if they do a bad job. Sometimes, employees look for an excuse to sue, hoping they can get a cash settlement. If this is the case, companies should vigorously defend themselves from this type of litigation.

It usually takes the skills of an experienced law firm to sort out legitimate lawsuits from those that are flagrantly filed by disgruntled employees.

If you feel you have been subjected to discrimination, set up a consultation so we can determine the best course of action for your case. And if you own a company and face a lawsuit that could be potentially damaging to your reputation and revenue streams, contact us today so we can assess the case.

Continue reading "Real Housewives of New York City Star Sued For Discrimination" »

CNN recently reported that a Queens woman left nearly all of her life savings to Family Radio and its owner Harold Camping, shunning her family in the process.

Trust and Estate Lawyers have seen many times where a loved one dies and family members are left frustrated and angry because the loved one has left their money to an outside business or organization. In some cases, outside influences on an elderly person can be an avenue for estate fraud and contested wills in New York City. Whether trying to set up a trust and estate or seeking a court challenge after a will has been produced, our firm has decades of experience in these areas of law.

The Queens woman left nearly her entire estate -- about $300,000 -- to the group that failed to predict that Jesus would return to Earth on May 21. According to Camping, the radio station's founder, the event would be marked by a massive earthquake, where believers would be sent to heaven and non-believers would be left to toil on the land for five months until the complete end of the world. But, as most have noted, his prediction didn't come true. He now has said his calculations were off and Oct. 21 is the new correct judgment day.

His group of followers spent months buying billboard advertisements worldwide, driving around the United States in RVs and buses warning people of the judgment day and telling of the endtimes on his radio station.

The woman's relatives are upset not because their aunt left them $25,000 each compared to the money sent to the non-profit group, but that had she been alive to witness the failed prediction, she might not have given all her money to the group. The California-based organization is almost entirely funded by donations and brought in $18 million in contributions in 2009, alone, CNN reported.

The woman, who died in May 2010, would listen to the radio station all day, her relatives said, and it comforted her listening to the promises of heaven. But the relatives, who called Camping "crazy" are just upset that he has gotten so much money while other family members are struggling to get by.

Contesting a will in New York is a complex process and many factors must be taken into consideration before making such a move. The best advice is to consult with a trust and estate lawyer who can advice you on the best course of action.

For a will to be contested successfully, you must have proper legal standing and a genuine belief that there was something wrong in the documentation or the preparation of the will, such as:

While you need legal standing to contest a will, you also need a reason to do so. That means you must have the genuine belief that something was seriously wrong in the way the will was executed. Reasons to contest a will include might include such factors as your belief that:

• A mistake was made in writing the will
• The testator - the person whose will is in dispute - was coerced or unduly influenced by someone else
• Fraud has taken place
• The testator wasn't mentally capable of making decisions and conducting business when they executed the will

If any of these factors are present, you may have a case to contest a will. If you are in that position, call our firm today so we can help.

Continue reading "Queens Woman Leaves Inheritance to Doomsday Profit" »

Two officers and three firefighters from New York face federal charges after a recent FBI raid of Staten Island gambling operations, The New York Post reports.

Criminal Defense Attorneys understand that good people sometimes make mistakes. And yet those mistakes can create a lifetime of lasting problems. Losing a job, ruining a person's reputation or sullying one's family name on top of the possible penalties in the criminal justice system can make life hard. That's why if you are arrested and charged with a crime in New York, you should consult an experienced criminal defense firm that will stand by your side and fight for your rights.

According to news reports, federal agents arrested 14 people and charged with with running high-stakes poker games tucked away in four locations on Staten Island. Gamblers were provided poker-night spreads of food, while armed "security" men were assigned to watch over the illicit operation and security cameras were used for outside surveillance.

A 15-year veteran of the NYPD was the alleged ringleader of the operation, which took in thousands in profits every week over several years. NYPD internal affairs offers worked undercover to help the feds make the arrests.

Both federal and state law can be daunting for a person being introduced to the criminal justice system. And sometimes people with a past criminal history are wrongly targeted by law enforcement and prosecutors.

That's why criminal defense law firms are so crucial to our justice system. An aggressive defense acts as a checks and balance to the state and government, which has money and power to throw at a defendant, who stands alone. That's why New York City Criminal Defense Lawyers stand by the side of our clients and do everything within the law to fight for their rights.

That can include filing motions to suppress evidence that is damaging to a defendant's case. If law enforcement violates a person's constitutional rights en route to seizing evidence or making a case against someone, sometimes persuasively arguing to a judge why this is wrong can convince the judge to keep that evidence out of the case and force prosecutors to drop charges.

Sometimes, the right defense attorney can use the evidence to score a sweetheart plea deal that reduces or eliminates jail or prison time or keeps such charges from appearing on a person's criminal record.

These are just some of the many aspects of a case that will be vigorously explored and studied by our law firm. If officials such as police officers and firefighters can get caught up in alleged illegal operations, every day people are at equal risk. And that's why everyone deserves their day in court and the best possible defense for their case.

If you or a loved one is charged with a crime in New York City, Great Neck or elsewhere in the Metro area, call today. If you are being investigated for a crime, do not speak with law enforcement before speaking with an attorney. Protect your rights.

Continue reading "Retired NYPD, NYFD Arrested in Federal Raid on NYC Gambling Ring" »

Nine middle-aged cocktail servers at Resorts Casino Hotel in Atlantic City recently filed a discrimination lawsuit, alleging they were fired to make way for younger, sexier women who would look good in skimpy costumes, pressofAtlanticCity.com reports.

Discrimination Law Attorneys offer decades of experience handling New York labor law issues. Discrimination in the workplace is nothing new and unfortunately it happens every day. Sometimes it's obvious, as in a person being denied a promotion for no good reason, and sometimes decisions are made behind closed doors and require whistleblowers to come forward. But hiring the right law firm can help employees get justice from a frustrating situation.

The lawsuit filed by the nine women comes on the heels of a suit filed in March by 46 former cocktail servers, who alleged they were also fired because they didn't appear sexy enough in the casino's new Roaring '20s outfits. In a statement to the media, the casino defended its hiring and firing practices.

According to statistics from the U.S. Equal Employment Opportunity Commission, age discrimination is on the rise in recent years. In 2010, 23,264 claims of age discrimination were lodges with the federal agency, which is up from 15,785 in 1997. That's a 47 percent increase. Nearly 25,000 claims were filed in 2008.

According to the EEOC, 99,922 claims of discrimination were filed in 2010 and age discrimination made up 23 percent of the claims. Retaliation, race, sex and disability claims were all more frequent.

Many older Americans have experienced age discrimination at work, whether they are being denied promotions or training opportunities because companies assume they are resistant to technology and change in the workplace. In similar situations to the one reported in Atlantic City, many older employees are being fired and replaced by younger employees who have less qualifications simply because they may be cheaper.

And this type of discrimination isn't limited to private companies. Municipalities and publicly funded operations aren't immune. It can be retaliation-based, but also just a lack of proper training and a continued system of unlawful thinking that can cause a company to treat employees unfairly.

With the economy so rocky, keeping a job is crucial. So some companies will discriminate against an employee, assuming that the person will be forced to endure the discrimination because finding a job is so tough right now. That is not right. While some people may just "suck it up" and take the discrimination, you should fight back. A successful discrimination lawsuit, while it may take time, can also help a person receive damages, back pay, future pay and other money to make up for the company's mistakes.

But keep in mind that age discrimination can happen to consumers, too. Sometimes, high-end retail shops or clubs and restaurants will deny service to customers who are older and instead cater to younger clients. There are many areas where people can be discriminated against based on their age and none can be justified.

Continue reading "Atlantic City Cocktail Waitresses Sue Resorts Casino Alleging Age Discrimination" »

A lawsuit filed by the New York Civil Liberties Union seeks to restrict a program that allows police to pull over some taxis and liveries, which officials believe allows officers to unconstitutionally question and search passengers, The Wall Street Journal reports.

Discrimination attorneys understand the need to fight injustices in the New York and Long Island areas. With more than 30 years of experience, the firm teams up with people whose rights have been violated, whether it be by governmental authorities or their own companies.

The case against NYPD relates to its Taxi/Livery Robbery Inspection Program, called TRIP, which allows officers to pull over without cause any taxi or livery cab whose company has voluntarily enrolled in the program. The vehicles are identified by a decal and officers can visually inspect them and briefly question the driver.

But the ACLU alleges that on at least two occasions passengers were told they were subject to police questioning and searches because they were riding in a vehicle that participates in the program. The lawsuit states the program doesn't allow officers to "detain, question, frisk or search passengers without independent suspicion of wrongdoing."

The lawsuit seeks an injunction prohibiting officers from detaining, questioning or searching passengers based solely on the fact that the liveries and taxis are enrolled in the program.

Civil rights are a point of pride in the United States, but sometimes they are blatantly violated. That can happen in public and at work. That's why there are federal and New York civil rights laws that are designed to protect people from injustice.

These instances can relate to workplace sexual harassment, freedom of speech issues, threats, favoritism and other forms of discrimination. The New York City Commission on Human Rights believes the city's human rights law is one of the most comprehensive in the nation. But the very existence of organizations dedicated to making sure people are treated equally testifies to the problem in our country.

As the country, and the New York City area, becomes more diverse, these issues will continue to be important. If you or a loved one has been the victim of discrimination in the workplace or in public, trust a firm that will stand by your side and protect your rights.

Continue reading "NYPD Lawsuit Aims to End Alleged Discrimination" »