Friday, June 24, 2005

1.4 Million Internet Marketers Risk Massive Fines and Crippling Damages, Claims US Attorney at Law.

In a devastating Report published today by US Attorney at Law Gina Gaudio-Graves and former NASA/Kennedy Space Center Engineer Joe e. Clayton Jr., it was revealed that while researching the applications of MP3, they discovered that the MP3 Audio Patent is NOT free to use for commercial purposes.

Even more disturbing is the discovery that MP3 Patent owners Fraunhofer/Thomson have already begun the process of pursuing alleged Patent License Violators for fines and penalties and even possible prosecution. See http://www.ogginfo.com/freereport/

"It's not just about music anymore" stated Audio-Graves, "the products in question are such things as interviews of business experts, tutorials, talking ebooks, teleseminar recordings, live streaming audio messages, audio postcards - and lots more besides."

"The possible claims for fines, penalties, license fees and royalties currently due to Thomson from violators using MP3 commercially without a license total Hundreds of Millions of dollars" she stated "and we believe that Law suits have already started."

She also believes that one Internet Marketer has already settled out of court for several million dollars for giving away audio CDs for free in return for subscribing to his mailing list.

Even after all the furore and noisy publicity over the Napster saga, when even children were sued for using illegally downloaded unlicensed MP3 music, it appears that Internet Marketers have been totally unaware that they have to pay an annual license fee plus Royalties on all MP3 products they create, publish, distribute, resell or even recommend on a commission basis.

"We have been speaking to Fraunhofer/Thomson's legal counsel for some time, and there is no doubt they are absolutely deadly serious about this" Gaudio-Graves added. "Why else have they recently recruited a large number of lawyers and legal aides?"

Joint report author and former NASA/Kennedy Space Center Engineer Joe e. Clayton Jr,stated, "The Internet Marketing Community is about to be shaken to its roots, because thousands of existing Audio products are NOT licensed. And if you don't have a license you are in violation - period!"

"Fortunately there is now inexpensive software that is licensed, which will quickly convert and re-package those 'offending' files into a suitable License-Free format" he added. "But the Internet community must act very quickly to help reduce their chances of being hit"

Thursday, June 16, 2005

Lawyer advises Jackson to sue District Attorney

The lawyer acting for Michael Jackson has expressed the view that his client should sue Santa Barbara District Attorney Tom Sneddon and his team for malicious prosecution. Thomas Mesereau feels his client was unjustly treated right from the outset as Sneddon and investigators aggressively sought to bring child molestation charges against Jackson after raiding his Neverland Ranch home in November 2003.

Thomas Mesereau is also said to be demanding that the defeated prosecutor, Tom Sneddon, give back the photographs taken of Mr Jackson during a 1993 investigation into abuse claims. The photographs were taken on Christmas Eve in 1993 after Jordy Chandler accused the singer of sexual molestation. Mr Jackson, 46, later settled the case for a reported $20 million. Mr Mesereau now says the singer received bad advice and should have gone to trial.

When asked if he thought Mr Sneddon’s case was malicious, Mr Mesereau replied: “I do. I think that he was treated in a way that no one else would’ve been similarly treated. It was because he was a mega-celebrity.”

Wednesday, June 15, 2005

Attorney General Rejects North Bass Island Land Claim By Out-Of-State Tribe

Attorney General Jim Petro has rejected an out-of-state Native American tribe’s claim to one of Ohio’s scenic Lake Erie islands.

“Based on the evidence I have seen from our experts regarding this claim, I believe the Tribe is not entitled to any part of North Bass Island or its value,” Petro said in a letter delivered June 1 to Columbus attorney Richard Rogovin, who represents the tribe. “I cannot recommend to the Governor that the State begin to discuss with you a resolution to your client’s claim.”

Much of the island is owned by the Ohio Department of Natural Resources. The Ottawa Indians of Oklahoma tribe in January claimed in a letter to Petro it was entitled to all or part of the island, saying it wanted the land for hunting and fishing. Petro met personally with tribe representatives to hear their arguments.

A different tribe, the Eastern Shawnee of Oklahoma, in May made similar claims to 93,000 acres in Ohio. Petro has not yet responded to those claims. That tribe made it plain they were interested in bringing casino gambling to the state, which Petro opposes. Obtaining federal recognition as an Ohio Indian Tribe and establishing “Indian lands” in Ohio are among the legal obstacles faced by Native American tribes wishing to establish gambling casinos here. There are no federally recognized Indian tribes or lands in Ohio.

Tuesday, June 14, 2005

Attorney General Sues Arizona Company For Deceptive Ads, Illegal Telemarketing In Ohio

Attorney General Jim Petro has filed suit against an Arizona company for using deceptive advertising tactics which misled consumers into believing the company was associated with the consumer’s auto dealership or the manufacturer of the car. The lawsuit also alleges that Car Care Warranty, LLC (doing business as Vehicle Owner Warranty Notification Center) telemarketed in Ohio without being registered with the Attorney General as a telephone solicitor.

“Our investigation turned up unfair and deceptive advertising and telemarketing practices by this company,” Petro said. “Ohioans have suffered due to these bad business practices and I intend to fight for their rights under Ohio law.”

An Attorney General investigation uncovered violations of Ohio’s Consumer Sales Practices Act (CSPA) and Telephone Solicitation Sales Act (TSSA) in Car Care’s use of direct mail and telemarketing to sell extended service contracts for automobiles. The Attorney General’s investigation revealed that the company is not associated with any auto dealer or manufacturer and that the advertising and sales pitch misled consumers.

Car Care also violated the TSSA by not registering as a telephone solicitor with the Attorney General’s Office, failing to maintain a $50,000 surety bond, and not getting written permission from consumers before they billed them for the extended service contracts.

Consumers’ complaints state that the extended service contracts would cost approximately $2,000, with a $400 down payment usually required. Some complaints allege that consumers did not receive the contracts in a timely manner or that requests for refunds were not honored by Car Care.

Monday, June 13, 2005

Attorney General Has Filed Suit Against AIG Ex-CEO Greenberg For Questionable Transfer Of Stocks To His Wife

Attorney General Jim Petro has filed suit against former American International Group Inc. CEO Maurice R. “Hank” Greenberg and his wife, Corinne P. Greenberg, in order to put a hold on the transfer of more than 41 million shares of AIG common stock from Mr. Greenberg to his wife as a “gift” two days before he stepped down as CEO. The market value of those shares at the date of transfer was more than $2.6 billion.

“We are seeking to stop this suspect transaction of a large block of stock and put it under the control of a receiver until the end of the case,” Petro said. “This action by the Ohio pension funds represents a new chapter in our vigorous efforts to obtain compensation for investors as well as to institute appropriate corporate governance reforms at AIG.”

This new suit is related to the securities class action, which Attorney General Petro is already prosecuting on behalf of the Ohio Public Employees Retirement System, the State Teachers Retirement System of Ohio and the Ohio Police and Fire Pension Fund and AIG investors. It was filed in United States Federal Court for the Southern District of New York, in New York City.

The new action is brought under the New York Fraudulent Conveyance Statute and seeks to both annul the transfer of the shares to Mrs. Greenberg as well as to appoint a receiver who will retain custody of the shares until the end of the class action lawsuit.

Friday, June 10, 2005

Millersport Carpet Store Owner Indicted For Theft From Customers

LANCASTER – The Fairfield County Grand Jury has indicted the owner of a local carpet store on 21 counts of theft, following an investigation by the offices of Fairfield County Sheriff Dave Phalen and Ohio Attorney General Jim Petro.

William J. BurtWilliam J. Burt, 35, owned and operated Millersport Carpeting (also known as Carpet Warehouse) at 12450 Lancaster St. in Millersport until it closed in November 2004. According to investigators, Burt regularly accepted checks from customers and immediately deposited them in his personal account without delivering the purchased product. Investigators said he diverted at least $35,000 for his personal use.

“Mr. Burt effectively pulled the rug from under his customers’ feet,” said Petro, whose Child & Elder Protection Section assisted local investigators. “This is why it is so important to take your time, check references and do some research before making a major purchase.”

The theft charges against Burt include two fourth-degree felonies, 16 fifth-degree felonies and three first-degree misdemeanors.

“These types of business practices are unacceptable in Fairfield County, Ohio,” Fairfield County Prosecutor David L. Landefeld said.

Thursday, June 09, 2005

Attorney General Petro Takes High-Tech Approach To Finding Missing Children

COLUMBUS – Attorney General Jim Petro has unveiled a package of technological tools that will help local law-enforcement officials deliver timely and accurate information to the public when a child goes missing.
During a May 25 press conference, Attorney General Jim Petro discusses the various technological tools his office has created to help find missing children. “When a child is abducted, every second is critical,” Petro said. “Using technology, we’ve made it easier for local law-enforcement officials to immediately identify potential suspects and widely disseminate important details and circumstances of a child’s disappearance as quickly as possible.”

Members of the public can visit www.ohioamberplan.org to sign up for the new Ohio Citizen Alert Network (Ohio CAN) and receive instant e-mail notices on their computers or text messages on their wireless phones whenever an AMBER Alert is issued. Additionally, citizens can download a screen saver at www.mcc.ag.state.oh.us featuring a regularly updated rotation of pictures of missing children. Petro will partner with the corporate community to feature the missing-child photos on public monitors, such as those found on gas pumps and in shopping malls. Easton Town Center in Columbus already has agreed to display the pictures on its screens.

Wednesday, June 08, 2005

Attorney General Jim Petro Files Suit Against Noe Coin Funds

COLUMBUS - Attorney General Jim Petro has filed suit on behalf of the Bureau of Worker's Compensation (BWC) against Thomas Noe, Inc., asking the Franklin County Common Pleas Court to grant a preliminary injunction effectively moving the control of Capital Coin I and II to the BWC.

“On behalf of BWC and in the best interest of protecting the fund, I am asking the court to immediately give BWC complete control of the Coin funds,” said Petro.

In the lawsuit filed in Franklin County Common Pleas Court, Petro asks the court:

To stop the company from selling, transferring, disposing or removing any of the assets of the two Coin funds without BWC consent
To immediately freeze the assets of the Coin funds
For an accounting to be done to determine assets, liabilities and obligations of the Coin funds
To allow for the assets of Coin funds to be marshaled to locations determined by BWC
For the BWC to be in complete control (Mr. Noe, having agreed to step down as manager) of the funds
The complaint is filed under both Attorney General Jim Petro and Judge William Bodoh's signatures acting on behalf of BWC to liquidate the Coin company's funds

Tuesday, June 07, 2005

Attorney General announces Traveling Scam Artists Indicted On Racketeering Charges

CHILLICOTHE – A Ross County Grand Jury has indicted two Crooksville, Tenn., brothers on racketeering charges for allegedly leading an organized criminal operation in which they collected payment from elderly victims in four central Ohio counties for home-improvement services that were never completed, Attorney General Jim Petro and Ross County Prosecutor Scott Nusbaum announced.

Nick and Jack Lovell were indicted on one count each of racketeering, a second-degree felony. The two allegedly led an operation in which elderly victims in Franklin, Licking, Madison and Ross counties paid thousands of dollars for home-improvement work that was never done. In some cases, the elderly residents were victimized multiple times.

“This clearly illustrates why you should be very careful when selecting a contractor to do home-improvement work,” Petro said. “Never blindly place your trust in someone who knocks on the door out of the blue looking for a quick payday.”

Dave Kessler, a victim advocate from Petro’s Child and Elder Protection Section, assisted Nusbaum in reviewing the victims’ claims and questioning the Lovell brothers. Nusbaum is prosecuting the case against the Lovells.

Monday, June 06, 2005

Attorney General announces capture of 25 alleged drug dealers

GREENSBURG - Attorney General Tom Corbett and Westmoreland County District Attorney John Peck announced that officers of the Westmoreland County Drug Task Force and agents from the Attorney General's Bureau of Narcotics Investigation (BNI) have captured 25 out of 34 alleged drug dealers operating in Westmoreland County.

Corbett said that the arrests are the result of a seven-month investigation into alleged street-level drug dealing in Westmoreland County.

Corbett said the arrests are the result of undercover drug purchases by task force officers and BNI agents. The drugs involved include cocaine, crack cocaine, heroin and the pain killer Oxycontin.

Corbett said most of the undercover buys occurred in and around New Kensington, Arnold, Greensburg, Latrobe, Derry, Jeannette and Rostraver.

Corbett said as part of the investigation, the police in Rostraver Township requested the assistance from the task force in helping to alleviate street-level drug dealers in their community. Corbett explained that the purpose of the Drug Task Force is to attack problems in specific areas at the request of local police departments.

Corbett said among the defendants being charged is a Westmoreland County prison guard who is charged with possession and delivery of heroin. Read more..

Saturday, June 04, 2005

Attorney General announces charges against Erie County doctor

Attorney General Tom Corbett and Erie County District Attorney Bradley H. Foulk announced that agents of the Attorney General's Bureau of Narcotics Investigation (BNI) have charged an Erie County doctor with writing illegal prescriptions for numerous drugs, including the addictive painkiller OxyContin.

Corbett identified the defendant as Paul W. Heberle, D.O., 39, 18244 Irish Road, Edinboro. He operates South East Medical Center at 1306 E. 38th St., Erie.

Corbett said Dr. Heberle is charged with 15 violations of the state's drug law and 13 counts of Medicaid Fraud.

Corbett said BNI agents initiated the investigation in January of this year after receiving complaints from area pharmacists that Dr. Heberle was excessively prescribing narcotic drugs to his patients.

Friday, June 03, 2005

Attorney General Sues Allegheny County Diagnostic Imaging Network

Attorney General Tom Corbett has filed a civil lawsuit and separate petition seeking a court order to require an Allegheny County diagnostic imaging center to re-open its record storage facilities and release the personal medical records of thousands of southwestern Pennsylvania residents. The records are stored in five separate imaging centers, plus the companies' corporate and administrative offices.

The legal actions seek court intervention for the retrieval of medical records, an order freezing the defendants' assets, the payment of fines and investigation costs, plus a permanent injunction barring the defendants from engaging in illegal business practices.

The lawsuit and separate Ex Parte Petition for Special Injunctive Relief were filed in Commonwealth Court against the following defendants: Main Medical Holding, LLC, 2711 Centerville Road, Wilmington, Delaware; Main Medical Ventures, LLC, 2403 Sidney Street, Pittsburgh; Mid-Atlantic Imaging Network Inc. (MAIN Medical), with an administrative office at 2403 Sidney Street, Pittsburgh; Anthony J. Geramita, individually, and as President and Chief Operating Officer of MAIN Medical; and Dr. Georgine B. DeMarino, individually, and as Medical Director and Executive Vice President of MAIN Medical.

Thursday, June 02, 2005

Attorney General announces $11.3 million in grants

Attorney General Bill Lockyer and Superintendent of Public Instruction Jack O'Connell today announced $11.3 million in grants have been awarded to 37 school districts and county education offices for programs that partner schools with local law enforcement, health and community organizations to help prevent school crime and increase campus safety.

Established in 1998, the School Community Policing Partnership (SCPP) allows the Attorney General's Office, in conjunction with the California Department of Education, to offer grants of up to $325,000 per grantee to be spent over three years to deter school violence. This year, 37 school districts and county offices received the grants. Funding for two similar programs were consolidated into the SCPP program this year, increasing the total funds available to $11.3 million from the previous $10.7 million.

"The collaboration between school districts, education offices, law enforcement and the community is an essential piece of the puzzle to ensure school safety and maintain a productive and positive environment for our youth," Lockyer said. "These recipients are well-deserving of the grants because their programs are making a positive difference in the lives of our children and our communities."

"Our research shows that when students feel safe in school, eat a healthy diet, and exercise, then they perform better at school," said State Superintendent of Public Instruction Jack O'Connell. "These grants are vital to help schools make their campuses safe and drug free, so kids can focus on learning."

Wednesday, June 01, 2005

Attorney General files a lawsuit against PowerEx

Attorney General Bill Lockyer has filed a lawsuit against PowerEx and Public Service Company of New Mexico (PNM) in which the state alleges for the first time that Enron-devised trading schemes used to inflate prices during the Energy Crisis – in this case "ricochet" transactions – constituted a conspiracy to restrain trade that violated California antitrust laws.

"Ricochet was one of the power companies' favorite Enron games, and they used it to gouge Californians by more than $1 billion dollars," said Lockyer. "Our evidence shows PowerEx was the most prolific practitioner of ricochet. This lawsuit seeks to hold them accountable for their rampant antitrust violations and recognizes a fundamental reality – they couldn't have done it without co-conspirators."

The complaint filed in Sacramento County Superior Court seeks treble damages that could total billions of dollars. PowerEx, a wholly-owned subsidiary of BC Hydro headquartered in Vancouver, British Columbia, and PNM sold more than 800,000 megawatt-hours (MWh) of power through illegal ricochet transactions during the Energy Crisis, the complaint alleges. One MWh is enough energy to power 1,000 average California homes for one month.

During the Energy Crisis, sellers used the ricochet scheme, also known as "megawatt laundering," to evade price caps in the market operated by the California Independent System Operator (ISO). During supply shortages, ISO paid premium prices far exceeding caps for energy imported from outside the state. These sales were completed outside ISO's centralized market and were called "out of market (OOM)" transactions.

Ricochet refers to the tactic of buying power in the state, "exporting" it outside ISO's control area, then "importing" it back into ISO's area and selling it at inflated prices as OOM transactions.