[governance] Fw: Weekly AG Columns from Attorney General Abbott

Tue Nov 3 16:16:38 EST 2009

Dear Atty. General and all,

  I am sharing this with some other folks in hopes that it will
have a positive effect and in an indirect manner provide for
an example of how ICANN for instance has perhaps enguaged in
similar practices in the past, but for whatever reason or 
reasons unknown, have been able to skirt scrutinity for same
even though multipul examples of such by ICANN accredited
registrars, ect., have been voluminously and frequently
exposed and provided to the appropriate legal authorities
accordingly.

-----Forwarded Message-----
>From: Texas Attorney General <webmaster at oag.state.tx.us>
>Sent: Nov 3, 2009 1:09 PM
>To: jwkckid1 at ix.netcom.com
>Subject: Weekly AG Columns from Attorney General Abbott
>
>Weekly AG Columns - November 2009
>
>Understanding the Texas Deceptive Trade Practices Act 
>Criminal, Civil Medicaid Fraud Teams Protect Texas Taxpayers 
>Office of the Attorney General Reaches Out to Military Families 
>Child Support Evader Michelle Falco 
>
>--------------------------------------------------------------------------------
>
>Understanding the Texas Deceptive Trade Practices Act
>by Texas Attorney General Greg Abbott
>
>Our remedy cures arthritis and cancer in seven days!
>
>Resolve your outstanding debts! With our product, youll only have to pay your creditors 30 percent of what you owe!
>
>When a vendor or salesman uses false statements, duress, exaggerations or misleading advertisements to win a Texans business, he or she violates the Texas Deceptive Trade Practices Act (DTPA).
>
>Vendors may violate the DTPA by claiming their product does something it does not or cannot do. In April, the Office of the Attorney General (OAG) charged the California based 1 Freedom, Inc., with violating the DTPA for selling supplies and instructions on how to install devices that promised to convert water to fuel, reduce fuel costs, increase gas mileage and enhance engine performance. Investigators have discovered no evidence that 1 Freedoms claims are true.
>
>Companies also violate the DTPA when they take advantage of a customers lack of knowledge or language comprehension. In March, the OAG reached an agreement with a Houston auto dealer after customers complained that they were misled into signing lease agreements when they believed they were actually purchasing vehicles. Investigators learned that salespeople targeted customers who did not speak and read English well.
>
>The OAG protects Texans by filing civil enforcement actions under the DTPA and other consumer protection statutes. Businesses must comply with the law when they interact with customers.
>
>Complaints filed with the OAG may form the basis for a state investigation into a companys business practices. In some cases, significant numbers of complaints about a business may give rise to legal action to enforce state law and protect the public interest. The decision to investigate or take legal action is based on a number of factors.
>
>Enforcement actions are filed on behalf of the State of Texas and the public good. The OAG cannot represent individual Texans, but some legal actions do produce restitution for customers. For example, in April, the OAG reached an agreement with the owners of Extreme Fitness and Wellness, Inc., who were court-ordered to repay hundreds of customers who pre-paid their gym membership dues. The owners of the Lubbock fitness spa violated the DTPA by collecting about $40,700 in advance membership dues for a health club that never opened.
>
>The DTPA covers the sale, lease and distribution of nearly all goods and services, with the exception of professional advice. Providers of professional advice would not be cited under the DTPA if opinions they give clients turn out to be wrong. For example, an attorney could not be sued for deceptive trade practices for advising a client to file a lawsuit that ultimately failed.
>
>Consumer education is a vital part of the OAGs mission. The best consumer protection is widespread public awareness of consumer rights and common scams. Texans who believe they have been subject to deceptive trade practices should file a complaint with the OAG and retain as much evidence of wrongdoing as possible, including brochures, advertisements, records of related transactions and notes about conversations with company representatives.
>
>Texans who relied on a deceptive practice to their detriment also should make every effort to remedy the situation with the vendor. They should send a certified, return receipt letter to the vendor outlining the problem and what the company should do to make the situation right. If that fails, Texans may also consider suing in small claims court or consulting an attorney about civil litigation.
>
>--------------------------------------------------------------------------------
>
>Points to Remember
>DECEPTIVE TRADE PRACTICES ACT
>
>Examples of deceptive trade practices include:
>
> False or misleading advertising 
> Exaggerating or misrepresenting the benefits or endorsements of a product or service 
> Making false statements about the manufacture or origin of a good/service 
> Passing off used products as new ones 
> Lying about the need for repairs or parts 
> Making false, negative accusations toward a competitor 
> Price gouging in the wake of a disaster or catastrophe
>
>The Office of the Attorney General may take legal action to enforce state consumer protection laws. To file a complaint, contact:
>
>Office of Attorney General
>Consumer Protection Division Hotline
>(800) 252-8011
>www.texasattorneygeneral.gov
>
>--------------------------------------------------------------------------------
> 
>Criminal, Civil Medicaid Fraud Teams Protect Texas Taxpayers
>by Texas Attorney General Greg Abbott
>
>The Office of the Attorney General (OAG) is committed to protecting taxpayers. With that goal in mind, we are focused on eliminating waste, fraud and abuse in the $21 billion Medicaid program, which provides taxpayer-funded health care to low income Texans.
>
>There are two fronts to our ongoing battle against Medicaid fraud.
>
>On the criminal side, the Medicaid Fraud Control Unit (MFCU) investigates and prosecutes health care providers and vendors who bill taxpayers for services that were never rendered. The criminal component of our Medicaid fraud prevention team includes 147 investigators and investigative auditors, of which 58 are commissioned peace officers who conduct complex fraud investigations from nine field offices across the state. 
>
>One important aspect of the MFCUs investigative work focuses on protecting Medicaid patients who reside in nursing homes. Together with local law enforcement officials, the MFCU has conducted criminal investigations into illegal conduct by nursing home employees who neglected or abused their patients. We have also cracked down on staff members who abused their positions by stealing from their elderly patients bank accounts. These enforcement efforts both protect nursing home patients and ensure that taxpayers are not footing the bill for illegal conduct.
>
>Our work to reduce improper Medicaid expenditures has a civil component as well. In 1997, the Texas Legislature passed a law that encourages whistleblowers to expose  and therefore prevent  unlawful billing practices by Medicaid vendors. Thanks to a legislatively mandated expansion in 1997, our Civil Medicaid Fraud (CMF) section has become an entire division with more than 50 employees.  
>
>The majority of CMF cases pursued in Texas state courts involve the improper reporting of drug prices by pharmaceutical companies. State and federal law requires that drug manufacturers report the prices at which they sell their products to various providers, including pharmacies, wholesalers and distributors. The Texas Medicaid program uses this pricing information to estimate the costs Medicaid providers pay to acquire the drug manufacturers products. Medicaid providers bill the state run program for these costs  so the program uses the sales data to ensure taxpayers get the best possible price. Medicaid providers bill the state run program for these costs, plus prescription dispensing fees, and Medicaid reimburses the providers. When a manufacturer reports inflated prices, the taxpayers are paying too much for Medicaid provided prescription drugs.
>
>Nationally, most of the cases alleging Medicaid fraud involve illegal marketing practices such as off label marketing and kickbacks. Off label marketing occurs when a drug manufacturer markets a drug for purposes other than those approved by law, primarily those approved by the Food and Drug Administration. CMF participates in national investigations of this conduct, and is also leading the nation in actively litigating against manufacturers who illegally market their products.
>
>CMF is also pursuing matters against manufacturers of unsafe products and pharmacy benefit managers that fail to comply with Texas Medicaid laws and regulations. 
>
>Based upon its proven track record of successful cases and landmark settlements, CMF has established itself nationwide as a leader in the ongoing fight against Medicaid fraud and abuse.
>
>Hard working taxpayers help their less fortunate neighbors by funding the Medicaid program. So it is critical that each and every Medicaid dollar be spent providing health care to indigent Texans  not funding fraudulent schemes. That is why civil litigators, criminal prosecutors and commissioned peace officers come to work at the Office of the Attorney General every day, where they work tirelessly to reduce waste, fraud, and abuse in the Medicaid program.
>
>--------------------------------------------------------------------------------
>
>Points to Remember
>Protecting Texans from Medicaid Fraud
>
>Report financial exploitation or physical abuse or neglect of a resident in a Medicaid-funded facility:
>
>Medicaid Fraud Control Unit	
>Office of the Attorney General
>(512) 463-2011
>E-mail: mfcu at oag.state.tx.us
>
>Texas Department of Aging and Disability Services
>(800) 458-9858
>
>For more information on the Medicaid Fraud Control Unit or other senior issues:
>Office of the Attorney General
>(800) 252-8011
>
>For Nursing Home Ombudsman assistance and benefits counseling:
>Texas Department of Aging and Disability Services Area Agencies on Aging
>(800) 252-9240
>www.dads.state.tx.us
>
>--------------------------------------------------------------------------------
> 
>Office of the Attorney General Reaches Out to Military Families
>by Texas Attorney General Greg Abbott
>
>The Office of the Attorney General (OAG) recognizes the sacrifices that military families make in service to our country. We want to do our part by making sure single parents in the military know the OAGs Child Support Division can help them obtain financial and medical support for their children. Services include:
>
> locating absent parents;
> establishing paternity;
> establishing, enforcing and modifying child and medical support orders; and
> collecting and distributing child support payments.
>
>Applications for child support services can be obtained by visiting Child Support Interactive on the main Attorney General Web site at www.texasattorneygeneral.gov or by calling our 24 hour voice response system at (800) 252-8014.
>
>Under certain circumstances, the Child Support Division helps parents modify their child support order. Parents entering or leaving military service may experience a change in income. For military parents, either an increase or a decrease in pay is considered a material and substantial change that may warrant a modification to the order. Visit the child support section of the Attorney General Web site to learn more. Parents who feel their circumstances may qualify for a modification can download a form requesting that the child support office review their case.   
>
>Children need more than child and medical support from the parent without custody. It is important to a childs wellbeing that both parents stay involved in their lives. Our office helps parents who are engaged in custody or visitation disputes by partnering with local organizations to provide access and visitation services, including co-parenting education, alternative dispute resolution, development of parenting plans, supervised visitation and visitation enforcement. For more information about access and visitation programs throughout Texas, visit the child support section of the Attorney Generals Web site and select Access and Visitation Help.
>
>The Access and Visitation Hotline is one resource available to parents from anywhere in Texas. The hotline is the only one of its kind in the nation that provides parents with free phone access to attorneys, who offer legal information and assistance related to child custody and visitation issues, as well as paternity and child support information. Hotline attorneys do not represent parents; rather, they provide tools and guidance, and answer parents questions. The statewide toll-free number is answered in English and Spanish, Monday  Friday from 1 to 7 p.m. The hotline has a corresponding Web site www.txaccess.org where parents can download sample materials and tools for assistance with child support issues.
>
>In addition, the OAG, in collaboration with the Texas Access to Justice Foundation (TAJF), offers free legal clinics to parents who need help understanding their visitation orders. The desire to increase positive, safe, shared parenting led the OAG to work with TAJF to develop a statewide project to help parents with visitation questions. The Parenting Order Legal Clinics, also known as POLC, are held monthly at locations across the state. The two hour clinics are led by experienced attorneys who are trained to address parents access and visitation concerns. To view a calendar of upcoming clinics, go to the child support section of the Attorney Generals Web site and select Access and Visitation Help.
>
>The Office of the Attorney General would like to thank service members and their families for the sacrifices they make each day to serve and protect our nation. 
>
>--------------------------------------------------------------------------------
>
>Points To Remember
>Reaching Out to Military Families
>
>Apply for child support services by visiting Child Support Interactive on the main Attorney General Web site at www.texasattorneygeneral.gov or by calling the 24 hour voice response system at (800) 252-8014
>
>Contact your local child support office to request a review and adjustment of your child support order, if you are a noncustodial parent who experiences a change in income due to your military activation
>
>The Access and Visitation Hotlines toll free number, (866) 292-4636, is answered in English and Spanish, Monday  Friday from 1 to 7 p.m.
>
>The OAG, in collaboration with the Texas Access to Justice Foundation, offers free Parenting Order Legal Clinics to help parents understand visitation orders.
>
>-------------------------------------------------------------------------------- 
>
>Child Support Evader Michelle Falco
>by Texas Attorney General Greg Abbott
>
>Attorney General Greg Abbott needs your help locating Child Support Evader Michelle Falco, one of the Most Wanted Child Support Evaders in Texas. Falco, who was added to the Child Support Evaders list in May 2009, owes $50,109 for the care of two children from the Dallas area.
>
>In 1994, Falco was ordered to make child support payments of $276 per month. Falco, who had the ability to make her payments, did not follow the courts order to support her children financially. At a September 2005 enforcement hearing, she was found to owe more than $40,000. In May 2008, after being given many opportunities to obey the civil court order to pay child support, a Dallas County grand jury indicted Falco for criminal nonsupport. 
>
>Falco has not made a single payment in more than two years. By refusing to provide the financial resources her children need, Falco has turned her back on her children and violated the law. A combination of missed payments and interest that accrues on unpaid child support adds up to more than $50,000 in unpaid child support Falco now owes.  
>
>Investigators from the Office of the Attorney General have searched the state for Falco. Her last known address was in Algonquin, IL. She is reported to be traveling with two small children  a girl, age seven and a boy, age six. Falco may be working for cash or self-employed to avoid garnishment of wages to pay child support. Contact the Attorney Generals Office at (866) EVADERS (382-3377) to report information that may lead to the arrest of Michelle Falco.
>
>
>Last Address: Algonquin, IL
>Occupation: General Labor
>Born: 7/20/69 
>Height: 58 
>Weight: 130 lbs. 
>Color of Eyes: Blue
>Color of Hair: Brown 
>Race: Caucasian
>Distinguishing Marks: Tribal tattoo from neck to hip 
>Alias: 	Michelle Schall, Michell Blender, Michelle Tipler 
>
>Texas law requires the Office of the Attorney General to publicly identify certain parents who are delinquent in the payment of child support. The Child Support Evaders are selected because they have the ability to take responsibility for their children but refuse to do so.  Incarceration is the only option for parents who repeatedly ignore court orders to pay child support.  The Attorney Generals Office helps parents who lack the ability to pay child support by referring them to job training and employment services.
>
>Visit the agencys Web site www.texasattorneygeneral.gov to find out about other Child Support Evaders, and to obtain information about the Attorney Generals Child Support Division.
>
>Most Wanted Evaders
>
>For a parent to be named as a Most Wanted Child Support Evader:
> Court-ordered delinquent support must be in excess of $5,000
> Arrest warrant must have been issued for non support
> Location of noncustodial parent is unknown
> Parent has not made any payments in the last six months
> Noncustodial parent must not be involved in bankruptcy proceedings
> Noncustodial parent must not be receiving welfare benefits
>
>In order to make child support information public, the custodial parent must sign a confidentiality waiver.
>(866) EVADERS (382-3377)
>www.texasattorneygeneral.gov
>
>****
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>
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>

Regards,

Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 294k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is very
often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B; liability
depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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