New York Business Litigation Attorney Blog

A state lawmaker is trying to figure out a way to adjust New York education law in order to punish students for cheating.

In the wake of the Great Neck SAT cheating scandal that officials have determined was going on for several years throughout Long Island, many officials are looking into the problem.

As we previously reported on our Great Neck education law blog, one teen, now a student at Emory University in Atlanta, devised a scheme where he would take Scholastic Aptitude Tests for students in exchange for money. The plan went so far as boys dressing as girls in order to get into testing sites where they could take the test for another person. It fell apart, the teen told 60 Minutes recently, when some of the test-takers were caught and confessed.

Newsday is reporting that Sen. Kenneth LaValle, R-Port Jefferson, said that the recent arrests of 20 past and present students is cause for concern. He wants tougher enforcement measures put in place for students taking tests in order to determine their eligibility. Prosecutors have previously said that the victims in the scandal were honest test-taking students who were overshadowed by cheating students.

The senator wants to overhaul a 20-year-old law that gives students accused of misconduct in taking the college entrance exam legal protection. LaValle, head of the state Senate Higher Education Committee, said he wants to make one-of-a-kind changes.

The committee will be meeting to discuss potential changes, including increased test security and increases in criminal penalties for those found guilty of cheating. He believes new legislation that would deal with exam fraud will be drafted this winter.

The senator didn't provide many specific changes he wants to make, but told Newsday he wants to change a section of the law that provides legal due process for those accused of cheating. Students whose scores are invalidated can have the test fees refunded, retake the test or seek legal arbitration. The senator has said he wants to amend the 1992 law to reduce students' rights.

The law was put in place to protect students from having the stigma of cheating surround them if they are accused. Some officials argue that colleges and universities should be told if a student was caught or accused of cheating.

Students who are accused of cheating, without relevant proof, shouldn't have their futures destroyed because of school officials' allegations. If students are accused of cheating and then re-take the test and pass, why should universities be informed that school officials made a mistake? Students require rights so that their futures can remain bright.

These laws were enacted for a reason. In fact, they went into place after an incident in Los Angeles where 12 students were asked to retake an AP calculus test after suspected cheating. When all 12, who were students of teacher Jamie Escalante, passed, their experience was made into the move "Stand and Deliver." The New York law was put into place based on that situation, which got much attention.

Continue reading "NY Lawmaker Wants to Strenghten Education Laws For Great Neck Cheating Students" »

The New York Civil Liberties Union recently reported that nearly 90 percent of the arrests of summer school students were of students of color, raising some Long Island civil rights issues.

Some people view civil rights issues as problems of the past dealing with race relations, voting and women's rights. But today there are plenty more issues that have come up as our country becomes more and more diverse.

Immigration, for instance, has become a major topic that brings up arguments daily, including some of which turn violent. States have attempted to create laws that many called racist, while politicians are constantly trying to cash in on the topic. Other issues that deal with civil rights are problems that deal with workplace labor law issues.

This can include discrimination, wage issues, sexual harassment or even physical harassment. Freedom of speech issues, whether at work or in public, can also happen on a daily basis.

NY1 recently reported that the New York Civil Liberties Union studied the numbers of arrests by New York police at the city's 63 public schools between July and September. The organization determined that 68 percent of African-American students were charged by police in that time frame and 90 percent were classified as students of color.

The organization's leaders believe this is disturbing trend and a disparity that must be changed. Black students make up only 29 percent of the student population year-round, yet make up nearly 70 percent of the arrests.

Some students said that they don't feel school safety officers treat all students fairly. Some believe the police treat Hispanic and African-American students more harshly than Asian and Caucasian students. One student told the news station that he had to spend time in jail after being accused of stealing a cell phone and now that will stay on his record permanently.

ACLU officials believe that school officials should take a look at police actions and determine if students are being arrested by officers simply for minor school infractions. Police officials reported that in the last decade there has been a 50 percent drop in major crimes and a 45 percent dip in violent crimes in the schools.

Police and school officials always have a difficult time with this balancing act. On the one hand, they must provide an education that can help students succeed in the future, but they also must provide a safe environment, but one that doesn't lead to unnecessary charges by bullying police officers.

Officers and teachers alike must not be quick to try to blame a student of color based on some type of deep-seeded bias or based on other past events. Each situation must be handled on a case-by-case basis. Students must be given the benefit of the doubt and not punished for something that could hurt their future without probable cause.

Continue reading "Are Black Students' Civil Rights Being Violated in New York?" »

The political season is heating up. As the Republicans attempt to figure out who will challenge President Barack Obama for his position, the rhetoric will be flowing big time throughout the rest of the year.

But what happens when office talk becomes political talk? Workers' opinions can fly and they may dismiss some candidates perhaps based on their race, gender or age. That can lead to hurt feelings and a possible discrimination lawsuit in Long Island.

So, what should be done? For employers, they must create well-worded policies that lay out the proper workplace behavior without trouncing First Amendment rights of their workers. On the flip side, workers who feel words of discrimination are being flung around the office must report this to their supervisors in order to fix the behavior.

The Associated Press recently wrote an article on the topic and spoke with some experts who advise companies to take steps to ensure that their workers are able to voice their opinions in the office, but at the same time make sure other employees don't feel uncomfortable in a hostile environment.

Politics, along with religion, may be the most controversial topics people can discuss in our country. Especially in 2012, where Congress is divided and all sides seem opposed to each other, this is sure to be a big water-cooler conversation piece.

The article provides a few suggestions for this situation:

Don't be overbearing
The key for a boss is not to make the work environment oppressed or overbearing. If the staff typically is hard-working, but gets sidetracked, go easy, unless there is an upcoming deadline for a project. Or, politely suggest they continue their conversation later. Allowing workers to talk during work is a morale builder and shutting it down can end up hurting productivity.

Political talk
The First Amendment doesn't allow employees at a small business to say whatever they want, but some states do allow employees to talk about politics. But these discussions can be problematic when workers get heated.

As mentioned earlier, when people talk about a particular candidate and disparage that candidate based on their race, gender or age, an employee may deem the workplace a hostile environment, which could lead to a discrimination lawsuit in New York.

The first step should be to approach the staffer who made the comments and tell him or her they were inappropriate, whether there was an issue raised by others or not. Expressing opinions is one thing, but demeaning someone is a different thing altogether. As most people know, these conversations can turn to arguments quickly. This can also be problematic.

Employees should be careful using valuable work time to get into these arguments or discussions. This can give companies legitimate reasons to fire or punish someone, even if the conversation started at break or lunch time. If it takes up work time or if company equipment is used to do it, such as e-mail, this can get the worker in trouble.

Continue reading "What Bosses Need to Know to Avoid a Long Island Discrimination Lawsuit" »

New York City hosts one of the best New Year's Eve celebration in the world, but the aftermath can be difficult for many revelers who end up drinking and driving, and subsequently being arrested with a DWI charge in Long Island.

Not a good way to start the new year. Celebrations on December 31 are designed to create hope for the new year, that it may end up better than the year that has just passed. Being charged with a crime, especially one with such a negative stigma, can be tough to take.

As most police agencies do around this time of year, New York law enforcement increased patrols around the holidays as well, setting out to remove drunk drivers from the roads.

But simply having a couple drinks and then driving doesn't mean a person should be arrested or will be convicted. In fact, in many cases, charges are dropped or reduced because of a lack of evidence, so it's important to fight back against these criminal charges.

The New York Post recently reported that DWI charges were actually down throughout New York City from 2011 compared to 2010. Staten Island had an 18.1 percent increase from year to year, according to New York police statistics. But Queens, which led all boroughs in 2010 with 3,297 arrests, had 2,961 in 2011, a 10.2 percent drop.

Brooklyn's DWI arrests dropped 19.8 percent, while numbers in Manhattan dropped 16.2 percent and in the Bronx they were down 15.9 percent. Overall, DWI arrests were down 13.4 percent from year-to-year.

The newspaper reports that police agencies made a stronger effort in 2011 to make arrests throughout Staten Island, especially at the toll plaza at the Verrazano Bridge. That accounted for 80 percent of 2011 arrests.

In other news, My Fox New York reports that a Long Island woman was recently arrested and charged with driving drunk with her two young children in the car. The 36-year-old was arrested one recent weekday night in Suffolk County.

Police charged her with two counts of aggravated driving while intoxicated with a child, two counts of endangering the welfare of a child and one count of driving while ability impaired. The first two charges are felonies.

While some people consider a drunken driving charge to be minor, this situation shows that it can quickly escalate to a felony, which can lead to prison time. Even a first time offense can lead to serious penalties, including jail time up to 15 days, driver's license loss for three months and a fine up to $500.

There are varying degrees of DWI charges in New York and other forms can lead to longer jail time and loss of a driver's license for up to one year, depending on the circumstances. But every case has a defense and the state has a tall order proving the charges beyond all reasonable doubt.

Continue reading "Many New Year's Eve Revelers Now Facing Long Island DWI Charge" »

In Great Neck, 2011 was marked by a major high school SAT cheating scandal that rocked the community and brought additional scrutiny to New York education law matters that were thrust into the limelight.

As Newsday reported recently, the teen who started the cheating scandal appeared on the CBS News show 60 Minutes to talk about his operation and how it flourished. These are issues that require a person skilled in addressing the rights of students and school districts who must combat this type of behavior.

Schools aren't police departments and their means of investigation are much different. The rights they have are also different. In cases where a student is being accused of committing a crime, cheating or violating some school rule, they must have representation.

Time and time again, we see on the news an example of a child who gets suspended or expelled without a high standard of proof from school officials. These types of punishments -- especially in high school as a student is preparing for college -- can mar an otherwise solid record. And the consequences can include missing out on scholarships or having college admissions staff disqualify a student.

The 19-year-old mastermind of the plan, now a freshman at Emory University in Atlanta, told 60 Minutes that he heard of other students paying for grades, but he didn't start doing it until a struggling student asked for his help. Because of relaxed security at testing sites -- officials only ask for a school identification card -- the plan went into effect.

As the scandal's reach was revealed by investigators, criminal charges are now being levied. Officials say that 50 students have been implicated over four Long Island counties and include brokers who matched test takers with students. After three years of conducting the scandal, the teen was caught when test takers confessed.

CBS News reports that at least 20 students so far have been arrested as part of the Long Island scandal, while students in Atlanta, Philadelphia, Washington, D.C., Los Angeles and other areas have been implicated in similar scandals. Teachers are under pressure to ensure test scores remain high and hit certain marks, despite students who need more attention than others.

Schools are constantly under-funded to meet the demands placed on them by federal and state officials, which makes the situation all the more difficult. And colleges and universities are feeling the budget crunch, which is leading to fewer students being admitted. This puts pressure on students, who recognize the stakes and know that if they don't get into the school of their choice, it could hurt their future.

It's a tough cycle to break, but students who end up penalized by school officials without required proof must be stopped. These students require an education law attorney who can stand by their side.

Continue reading "As Great Neck SAT Cheating Scandal Rages On, Education Law Experts Required" »

One of the less-reported issues in recent years during the real estate collapse in this country is the issue of security fraud in New York.

Plenty of news agencies have hit on the problems homeowners face in foreclosures and how bank officials used robo-signing practices and other unethical and unlawful means to secure a foreclosure. Certainly, that has been a big problem.

But there are other victims of the collapse of the real estate market and that has been investors. While banks charge high interest rates on mortgages and take the interest up front before the homeowner actually builds any equity, there is a better way for them to make money.

The banks take groups of mortgages and sell them off to investors. The investment groups get information about the types of loans, possibly the borrowers, the location of the houses and other information. But officials in recent years have questioned whether bank officials committed securities fraud by withholding key information or misleading investors.

One of the chief culprits of this alleged activity, some believe, has been Countrywide, which was purchased in 2008 by Bank of America. Some believe that Countrywide officials misled investors into buying mortgages rife with issues.

But The New York Times is reporting that the Securities and Exchange Commission has filed fraud charges against six former executives with Freddie Mac and Fannie Mae. The Times reports that the S.E.C. is trying to make a splash and show that it isn't afraid to try to take down the government-backed mortgage giants.

But the newspaper raises some issues. The first is where the fraud was committed. Among the S.E.C.'s filings are accusations of executives committing intentional fraud, which is the most serious violation. The S.E.C. alleges that these executives misled investors about Freddie and Fannie's involvement in subprime mortgages by playing down those loans even though their value on the books increased in the years before the 2008 housing collapse.

The cases, The Times reports, will hinge on what information was publicly filed in S.E.C. filings and what information was provided to investors, who had to make a decision whether to invest in these securitizations. The article goes on to state that the case may turn on what a "subprime" mortgage really is and whether investors were misled.

The article also asks why there are no criminal charges. The S.E.C. "charges" are civil rather than criminal and the author suggests no criminal investigation will follow this case. The Justice Department earlier this year dropped its case against Freddie Mac. The civil case requires a lower standard of proof as well.

Also asked is whether this case will act as a preview to other actions brought by the S.E.C. The agency has filed nearly 40 cases related to the financial collapse. But this case deals with senior executives like few others. Will officials go after other executives?

While the burden of proof is lower than in a criminal case, proof is still required in order to investigate and take on these cases. Many investors have lost retirement savings and hope that these allegations of securities fraud turn into more than a dog and pony show for government bureaucrats.

Continue reading "S.E.C. Files Securities Fraud Charges Against Bank Officials in New York" »

There has been a constant cry from those affected by the real estate mess in this country: Why haven't more banks and bank officials been held accountable for the many New York foreclosures that have caused our economy to crumble?

The news media has spent a lot of time during the last several years documenting the collapse of the real estate market. Some have found that bank officials specifically directed workers to create false documents, backdate them in order to meet deadlines for foreclosure and robo-sign documents in order to move them quickly through the court system to steal away peoples' homes.

Yet, even though this fraud has been uncovered from Long Island to Los Angeles, few criminal actions have been taken against the people who clearly have violated homeowners' rights with these unlawful actions. A mortgage may seem like some to be a simple process, but today it likely appears much more complex.

The fabled American Dream included owning a house and that was expected by many people if they were to be seen as successful in life. Yet, now, given the economic climate in our country, some have found that signing the paperwork of home loan to have much more significance.

For those considering owning a home these days, it's best to review all the relevant documents carefully. Also consider consulting with an experienced real estate lawyer to ensure that there are no hidden clauses or fees that could potentially hinder you in the future. Considering the problems many Americans have faced related to foreclosure in the last few years, it may be prudent to take all necessary precautions before signing on the dotted line.

New York's Attorney General Eric Schneiderman has been one of a handful of attorneys general nationwide who have fought the banks and who have decided against settling their lawsuits against the major banks of this nation. While most of the rest of the states are happy to get some quick cash in exchange for not filing any future lawsuits and without any significant information being released about how this happened in the first place, this state's top prosecutor has vowed to continue fighting.

In the most recent news, Reuters reports that Schneiderman has teamed up with the Federal Housing Finance Agency's inspector general to investigate how the banks sold mortgages to investors before the real estate market collapsed.

Banks routinely securitized mortgages and sold them as groups to investors. But in many cases, officials have alleged, banks committed fraud when they underwrote mortgage debt. The investors ended up with bad investments.

In September, the FHFA, the regulator for Fannie Mae and Freddie Mac, sued 17 banks and financial institutions over about $200 billion in losses of subprime bonds. The lawsuits, Reuters states, are an attempt to figure out who is at fault for the financial crisis that started in real estate, moved to construction and now has affected every area of business.

Schneiderman has been among the chief opponents of the $25 billion settlement proposed by other states with major banks over the foreclosure tactics they used to take away people's houses. The settlement wouldn't produce a full investigation of how we got into the situation we're in. The settlement also wouldn't affect loans owned by Fannie and Freddie.

Continue reading "New York Among Few States Criminally Prosecuting Banks For Mortgage Fraud" »