Legal

What is the meaning of the word “about” when used in a patent? The Federal Circuit Court of Appeals confronted that elusive question in a recent dispute between two pharmaceutical manufacturers and expert testimony proved important in finding the answer.

But while the court accepted the experts’ opinions on the meaning of “about” as used in the patent, it turned an about face and rejected their testimony as to the ultimate issue of infringement.

Ortho-McNeil Pharmaceutical brought the lawsuit against generic-drug maker Caraco Pharmaceutical Laboratories alleging infringement of its U.S. Patent No. 5,336,691. Ortho’s patent covered a pain reliever composed from two well-known analgesics tramadol and acetaminophen.

The patent disclosed that when combined in certain ratios the effects of the two drugs were heightened. At issue in the case was the patent’s claim number 6, which covered a composition “wherein the ratio of the tramadol material to acetaminophen is a weight ratio of about 1:5.”

Ortho sued after Caraco filed an Abbreviated New Drug Application disclosing its plan to make and sell its own composition containing tramadol and acetaminophen. Caraco said its drug would have an average ratio of tramadol to acetaminophen of 1:8.67 and of no less than 1:7.5. Ortho contended that Caraco’s drug would infringe its patent.

The district court granted summary judgment and Ortho appealed to the Federal Circuit. Both in the district court and on appeal, the case focused on the proper construction of the term “about 1:5.” Ortho contended that it encompassed a range of at least 1:3.6 to 1:7.1, and that, under the doctrine of equivalents, Caraco’s formulation infringed. Caraco argued for a narrow construction.

The district court adopted the construction asserted by Ortho, construing “about 1:5” to mean “approximately 1:5, encompassing a range of ratios no greater than 1:3.6 to 1:7.1.” It reached this conclusion relying in part on the intrinsic evidence of the claim and the specification and, in part, upon the extrinsic evidence of Ortho’s experts, Dr. Donald R. Stanski and Dr. Eric Smith. Both experts gave the opinion that one of ordinary skill in the art would conclude that the “about 1:5” limitation would include a range of ratios that would extend up to and include 1:7.1.

The Federal Circuit affirmed this construction. Like the district court, it found support for this construction both in the claim itself and in the testimony of Ortho’s expert, Dr. Stanski. “Dr. Stanski opined that ‘about 1:5’ means ‘about 1:5, which includes a ratio up to and including 1:7.1’,” the court noted.

Accepting this construction meant that Caraco’s product did not literally infringe Ortho’s patent. Ortho’s patent covered a ratio of up to 1:7.1, while Caraco’s started at 1:7.5. The question, therefore, became whether Caraco’s drug infringed under the doctrine of equivalents.

Relying on its experts, Ortho asserted it did. One expert, Dr. Stanski, opined that a weight ratio of 1:8.76 is substantially similar to a weight ratio of 1:5. The other expert, Dr. Smith, stated in his report that the “degree of synergy of a composition with a weight ratio of tramadol to acetaminophen of 1:5 is similar to the degree of synergy of a composition with a weight ratio of tramadol to acetaminophen of 1:8.67.”

But the district court disagreed. It concluded that finding infringement by a formulation with an average weight ratio of 1:8.67 would render meaningless the “about 1:5” limitation.

The Federal Circuit affirmed, finding that the 1:5 parameter was critical to the invention. Stretching the bounds of that parameter to cover Caraco’s drug would directly conflict with the patent’s express claim to both the 1:1 and the 1:5 ratios, the court said.

“Under this circumstance, whether or not the 1:5 ratio’s analgesic response is statistically different from that of other ratios is of no moment,” the court said. “The intrinsic evidence points to the desirability, and thus the criticality, of the 1:5 ratio versus other ratios.”

“Ortho cannot now argue that the parameter is broad enough to encompass, through the doctrine of equivalents, ratios outside of the confidence intervals expressly identified in the patent,” the court continued. “We agree with the district court that to do so would eviscerate the limitation.”

For these reasons, the court said, it concluded that Caraco’s drug could not infringe Ortho’s patent and that the district court properly granted summary judgment of non-infringement.

Ortho-McNeil Pharmaceutical, Inc. v. Caraco Pharmaceutical Laboratories, Ltd., Case No. 06-1102 (Fed. Cir. Jan. 19, 2007).

Written by Robert Ambrogi for BullsEye, an IMS Expert Services Publication

Robert Ambrogi is the editor of BullsEye, a monthly newsletter distributed by IMS Expert Services. IMS Expert Services is the premier expert witness and litigation consultant search firm in the legal industry, focused exclusively on providing custom expert witness searches to attorneys. To read this and other legal industry BullsEye publications, please visit IMS Expert Services at ims-expertservices.com ims-expertservices.com.

If you have been injured by the fault of another, such as in a car accident, there are important steps to follow to ensure that you are treated fairly by big insurance and receive the compensation you deserve.

1. Document Your Injury!

The most important step you can take in order to obtain full compensation is to fully and completely document your injury. If your injury is not corroborated by someone else then not only will the insurance company act as if it never happened, but you may not be able to adequately prove your case to a jury if nesessary.

This documentation concerns two elements: [a] fault of the party causing the event and [b] proof of the cause of your injury.

2. Have a Report Made Immediately

If your case involves a traffic accident it is imperative that you call the police so a report can be made of the circumstances of the car accident. Do not move your car until the police arrive. By verifying the position of the vehicles the police officer can aid in documenting fault.

If your injury was caused by slipping on a foreign substance in a store, you want to immediatley have a manager take your information and have an ambulance called if your injurires are significant

3. Seek Competent Medical Attention

If you feel any pain or stiffness at all you should go to the hospital emergency room as soon as possible {preferably have an ambulance take you from the scene to the hospital}. This ensures early documentation of your injury and the early intervention hopefully will aid the healing process.

If your injury persists you should, within the next several days, follow up with your family doctor and seek early referral to a specialist that treats your type of injury. An orthopedic specialist is ordinarily the most competent doctor to treat your injury if it involves neck, back or extremity injury. The doctor will also be able to write a report explaining the nature and cause of your injury and testify in court if necessary.

4. Follow Your Doctor’s Advice

You should follow your doctor’s advice regarding the treatment necessary for your injury. The insurance company will not take you seriously if you do not follow doctor’s orders. They will infer that you must not be very injured if you do not do what is necessary to try to get better.

5. Hire An Experienced Personal Injury Attorney

Insurance companies are in business to take in premiums and pay out as little as possible on claims. You will be dealing with an experienced adjustor whose job is to do just that. Therefore, if you want to get the best result, you need someone on your side whose job is to get you full and fair compensation and is experienced in doing so. You can obtain the services of a lawyer on a contingency fee basis. This means that their fee depends on how much they recover for you.

Following these five steps will help ensure that you obtain the full and complete recovery you deserve.

Anthony Castelli is a Cincinnati, Ohio Accident and Personal Injury Attorney. For more information go to castellilaw.com castellilaw.com

Like most people, you probably shop around before you spend your money. And after you buy something, you protect it, right? You keep insurance on your house, get the oil changed regularly on your car, and most important, when you or your family are sick, you get the best healthcare you can.

What about your healthcare information? Are you doing everything you can to make sure that your private health information is protected? Do you know what your healthcare privacy rights are?

Congress passed the Health Insurance Portability & Accountability Act (HIPAA) in 1996. The HIPAA Privacy Rules, which were created by the Department of Health & Human Services, became effective in April 2003.

You now have the rights you need in order to make sure that your healthcare information is safe. If you have any concerns that it isn’t, then you can complain to your provider or complain directly to Health & Human Services.

Rest assured, should you complain to Health & Human Services, your complaint will be investigated. Since April 2003, more than 15,000 complaints have been received and addressed.

So, what are your healthcare privacy rights?

First, all healthcare providers such as doctors, dentists, optometrists, etc., are required to give you a copy of their Notice of Privacy Practices. Has yours?

Each time you visit a new provider for the first time, their office should give you a copy of their Notice of Privacy Practices. If they don’t — insist that they do.

The copy of the Notice must be one that you can take with you, or, your providers may arrange to mail it to you. But, they do not get to just show it to you, and then keep it themselves.

HIPAA requires the Notice to explain to you, in plain language, what your rights are, what your provider’s responsibilities are to protect your privacy, and it must tell you how your healthcare information can be used and shared. If the Notice doesn’t tell you your rights, insist on getting one that does.

Next, you have the right to look at and get a copy of your entire health record that is maintained by each of your providers. Why would you want a copy of your health records?

Because unscrupulous employees at doctors’ offices can — and do — steal health information and use it to steal identities, or sell it to others who will.

Example: in 2004, an employee of a cancer center in Seattle stole the identity of a patient, and used the information to spend over $9000 on fake charge cards. That person was sentenced to 16 months in federal prison.

Example: just last year, a disgruntled former employee in Providence stole the health information of 200,000 patients. He was caught before he could do any damage, and was recently indicted. There are many more examples of stolen health information.

What if your information is stolen from your provider? If this should happen, your provider must notify you so that you can take the necessary steps to protect yourself, such as run a credit report, check for fraudulent use of your credit cards and bank accounts, etc.

So, you should request a copy of your health records from all your providers. They are required to give you the copy within 30 days of your request.

If your providers cannot give the copy to you within 30 days, they must notify you of their reasons in writing, and then give you a copy within another 30 days.

If your providers do not give you a copy of your health records within a total of 60 days, you can complain to them, or you can file a complaint directly with Health & Human Services.

You may ask for and receive as many copies of your health records as you like, as often as you like. Your rights do not limit the number of copies you may have.

Your providers are allowed to charge you a reasonable, cost-based fee for the copying and postage.
Some providers will give you the first copy of your records at no charge, but charge you for additional copies. Other providers will charge you for every copy.

What if you get a copy of your health record and notice that something is not correct? You now have the right to ask your healthcare providers to change the information in your health record if you think that it is incomplete or is not accurate. They can refuse your request to change the information, but if they do, they must furnish the reason for the denial to you in writing.

If you are given a written denial, then you have the right to submit your reasons for disagreeing with the denial, and your reasons must be added to your health record.

Your healthcare providers are allowed to share your health information with other providers. For example, when your primary physician refers you to a specialist, only the appropriate parts of your health record are given to the specialist so that you can be given the best treatment possible.

In the same way, your providers are allowed to share your health information with your insurance companies, so they can be reimbursed for your care.

Your providers are not required to ask for your authorization in order to share your health information with your other providers or your insurance companies, though it is very common for them to do so.

However, there are a number of other situations in which your provider is legally allowed to share your health information — without your authorization. Do you know what they are?

For example, all states require your providers to disclose information about certain communicable diseases to your local health department. Your providers may disclose this information without your authorization, but they must also track, or otherwise account for, the disclosure.

Other examples include disclosures to law enforcement officials when requested with a court order, court-issued warrant, or subpoena. Your providers may disclose the requested information without your authorization, but again, they must also track or otherwise account to you for the disclosure.

There are several other kinds of disclosures your providers must track, and the Notice of Privacy Practices that your providers give to you should tell you specifically what they are. If the Notice doesn’t give you this information — then ask that it be provided to you.

The most important thing you need to know about the disclosures that can legally be made without your authorization is that your providers must track those disclosures, and they must tell you about them whenever you ask.

Remember, your providers do not have to keep track when they share your health information with other providers who are also caring for you, and they do not have to keep track when they share your health information with your insurance company for reimbursement, or payment, reasons.

But any other kind of disclosure that is made without your authorization must be tracked, and you have the right to know what those disclosures have been.

And don’t forget — if your health information is stolen or otherwise disclosed illegally, your providers must notify you.

Next, you have the right to restrict with whom your providers may share your health information. But, your providers are not necessarily required to agree to your restrictions.

For instance, you can ask that your providers not share your information with certain members of your family. Most providers will agree to this kind of restriction.

However, they will not usually agree to a request to restrict disclosures they need to make to other providers for your treatment, nor will they agree to restrict disclosures to your insurance company. And, your providers always have the right to share your health information in case of an emergency.

Last, you have the right to ask your healthcare providers to communicate with you through a particular address or phone number. For example, if you don’t want them to call you at home with test results, you may ask them to call you at work instead.

Or, you may not want to receive test results on a postcard, but instead want them mailed to you in a sealed envelope. As long as your request is reasonable, your providers must communicate with you in the way that you ask.

Congress and Health & Human Services have given you some significant rights with respect to your healthcare information. These rights are important tools that you can use to help protect your health and personal information. No one is a better watchdog for your information than you. Know your rights, and use them to make sure your healthcare providers are doing everything required by law to protect you and your precious information.

© Lane R. Hatcher, 2006

In addition to more than 15 years experience in healthcare systems and management, Lane R. Hatcher has been the HIPAA Compliance Officer for the largest military hospital in the U.S. for more than three years. Feel free to contact her with any questions about your healthcare privacy rights, or information on how to file a privacy complaint, at mailto:lanerhatcher@yahoo.com lanerhatcher@yahoo.com.

The school system today is dramatically different from what it was 20 years ago. It used to be that children got off the bus, milled around the hallways, attended class, played on the playground, and went home – safe and sound. Today, we see metal detectors at the entrances of schools, armed police officers in the halls, bomb-sniffing dogs, and the list goes on.

Legal costs have grown significantly. Schools now pay for lawyers and find themselves on the defending end in court. While legal support has become a part of today’s school system, it also means money that would go toward future education is affected. Funds that would typically be spent on books, transportation, and other educational funding are suffering. In some cases, the heavy load of legal expenses has closed school doors permanently.

As risk of lawsuits build and problems within the schools are ignored or badly dealt with, more and more teachers are walking away. We already have a shortage of good teachers in this country; now, with legal costs rising and salaries down, this career field is even more unattractive. Legal support does have its place, but it has impacted the effectiveness of our schools.

The solution is not straightforward. In recent years, we have seen some new laws passed that speak directly to frivolous lawsuits. For instance, President Bush is recommending a new clause be added to the education reform bill in which “teachers and principals and school board members can take reasonable actions to maintain order and discipline in the classroom without the fear of being sued.” While not everyone agrees with this amendment, it shows how serious the problem of discipline in the school system has become.

School systems themselves can do a number of things on their end to reduce legal costs. For starters, the system can impose stiffer penalties for wrong behavior. Adopting a “three-strike rule” could help foster better behavior and increased safety. In addition, both teachers and students could be taught or trained to identify problem students and know when and how to take the appropriate action. The goal all the way around is to ensure the safety of the students without disrupting quality education.

Richard A. Hall is founder and President/CEO of LexTech, Inc., a legal information consulting company. Mr. Hall has a unique breadth of experience which has enabled him to meld technology and sophisticated statistical analysis to produce a technology driven analytical model of the practice of law. As a busy civil trial attorney, he was responsible for the design and implementation of a LAN based litigation database and fully automated document production system for a mid-sized civil defense firm. He developed a task based billing model built on extensive statistical analysis of hundreds of litigated civil matters. In 1994, Mr. Hall invented linguistic modeling software which automatically reads, applies budget codes, budget codes and analyzes legal bill content. He also served as California Director and lecturer for a nationwide bar review. Mr. Hall continues to practice law and perform pro bono services for several Northern California judicial districts.

A colleague of mine sent me a troubling question: “Dave, I recently submitted an
article to a magazine I’ve worked with for a few years, and they accepted it without
comment. A month passes and they’ve paid me 1/3 of the agreed upon fee,
claiming that their staff had to completely rewrite it prior to publication and that
cost came out of my recompense. That seems really unfair: is there anything I can
do about it?”

To clarify the issue, I asked my colleague to send me a copy of the article
assignment letter, which is basically a contract between the author and the
publisher that should - one hopes - detail exactly what’s to be delivered and all the
possible contingencies, including receiving a manuscript that isn’t publishable.

Before we look at the contract wording, though, what’s odd about this situation is
that the author never had an opportunity to fix the article or even any feedback
saying that there were problems at all. Seems kind of fishy…

The concept of shopping for an attorney can seem foreign to many people, particularly those with little contact with the law. To many, the law seems an incomprehensible enigma filled with Latin jargon, a complex judicial system, and high stakes all around.

But, like all industries, the law, and in particular medical malpractice representation, is a commodity. And like all commodities there are a few high quality providers and a great many shabby ones. Unfortunately, finding a good medical malpractice attorney isn’t quite as a simple as finding a cheap price, rather, it’s a lot like finding a good car mechanic.

But at least with a car mechanic you can have some judge as to the quality of his work by whether your car runs at the end of the day. In medical malpractice litigation by contrast, you will never know if you got the best settlement or damages which you could have. So, the only recourse is to do your due diligence beforehand and do sufficient research to make sure that your attorney is decent.

Here are a few ground rules:

1. Experience matters

If your attorney is very young, then he is probably simply too young to be any good. Being a Plaintiff’s attorney (which is what you are asking him/her to be) is an extraordinarily difficult task which involves a lot of experience and know-how. While the defense typically has an army of young attorneys which are all capable in their aspect of the case, the Plaintiff’s typically have 2 or 3 attorneys which must run the whole case. So, if you meet an attorney who has been practicing for less than several years, do not hire him/her to head up your case.

2. Always well funded

A good Plaintiff’s attorney is always well funded. Most Plaintiff’s attorneys will offer to take your case on contingency (which means they get nothing if you don’t win). That also means, that your attorney needs to have enough money to fight a very long time for you. If the defendant recognizes that your Plaintiff’s attorney is short on cash, the Defendant will simply threaten to stretch out the case indefinitely, forcing your attorney to settle at a price much below what you could get otherwise. Verify this information by asking them what information they can provide you on the average length of the case, how much they expend, as well as intangibles like the appearance of the office.

3. Look for Summer Associates

A Summer Associate is a law student who works at a law firm during the summer. You may not know where the good firms are, but these students sure do. Summer associates are paid well, so this is a good indicator of a strong Plaintiff’s firm if they have a number of Summer Associates. Not every good Plaintiff’s attorney has these, however, so don’t scratch a firm off on this basis alone, just take it as one indicator.

4. Payment Arrangement

In any decent Medical Malpractice suit, the attorney will always ask to be paid on contingency. This means that the attorney will take a cut of your winnings. This percentage will vary on the size and type of case, but always remember that it is negotiable. If an attorney ever asks for you to put up money up front or pay hourly, then do not use him/her as your medical malpractice attorney. If you shop around and multiple attorney’s all tell you that they will only take your case on an hourly rate, you can rest assured that your case will be an uphill battle. It may be better just to drop it than fight it at all.

Jason Hanson recommends you contact the Law Firm of Richardson, Patrick, Westbrook, and Brickman if you need a rpwb.com/medical_devices/ medical malpractice attorney.

Q: Do I have to be a U.S. citizen to make an insurance claim? A: No. U.S. citizenship is not a pre-requisite to making an insurance claim, even if you are not here legally.

Q: How long do I have to file a lawsuit? A: Each state varies. In many states, you only have two years from the date of accident; minors usually have more time (they have until they are 20 years old in the state of Nevada, for example). It is critical to check with an attorney to make sure you know the right time limit for your case. Failure to file in time will forever bar your case and your recovery.

Q: What is the minimum automobile coverage I must carry in my state? A: In many states you have to carry a minimum of $15,000 per person $30,000 per occurrence liability coverage. However, I recommend you carry more: med pay, UM/UIM, towing and car rental coverage. I believe you should carry at least a $50,000/$100,000 liability policy.You will be surprised how low the premiums are. Check with your insurance agent to compare prices. Don’t wait until you are in an accident before realize you needed more coverage. These rules are governed by each state. Some states are “no-fault” states, meaning you only insure yourself. Check with state officials or your insurance agent to determine the minimum coverages and the types of coverages you need to carry.

Q: If I am cited by police officer or trooper in an accident, can I still collect a settlement? A: If you are cited for an infraction that was not the cause of the accident, you may still make a insurance claim. If you are cited for factors that caused the accident, you may still collect a settlement if you are not the primary cause of the accident—that is, more than 50 percent at fault. This is true if you live in a comparative fault state (like Nevada). Some states are pure contributory states, and even if you are primarily at fault, you can still obtain a settlement. Again, check your state’s statutes.

Q: Does the insurance company have to pay for all of my medical bills? A: The insurance must pay only for the bills that are reasonable in charge, necessary to your recovery, and related to the accident. Also, they are not required to pay for more than they contracted with their insured. For example, a $15,000 policy means they only need to pay $15,000, even if the case is worth $60,000.

Q: What if the other driver does not have any insurance? Can I still collect? A: If the other driver has no insurance, it will be much more difficult to collect unless you live in a no-fault state. Sometimes DMV can require that person to post a bond with them or they can no longer have a driver’s license. If the at-fault party has money, you may still recover, but it will be harder. The best thing is to carry uninsured and undersinsured motorist coverage on your own policy and let your insurance company worry about that.

Q: Will using my own insurance increase my rates? A: No in some states (such as Nevada): if you are not at fault for an accident, your insurance company cannot raise your rates, cancel your coverage or fail to renew you. States like Nevada expressly prohibit this by statute.

Q: How long can I treat for my injuries? A: In most states, as long you need to. But there other considerations, including the amount of insurance coverage available and whether the treatment you are receiving is helping you get better.

Q: Do I have to hire an attorney to help me with my claim? A: No, any person can represent themselves, but there are many good reasons why you should. First consultations are usually free, so it usually does not cost any money to investigate whether you should retain an attorney.

Craig Perry is an attorney practicing law in the State of Nevada since 1989. He has handled thousands of cases and settled millions of dollars in personal injury and workers compensation claims. He does not charge a fee for first consultation. He has a bilingual office staff (Spanish) and he speaks Italian fluently.

For more information about this article or the services he offers, call direct 702.228.4777 or toll-free 1-866-LAW-4HIRE, or visit craigperry.com www.craigperry.com

When a criminal wrongfully obtains and uses another individual’s personal data in a manner that involves fraud the act is referred to as identity theft.

Unfortunately, just about everyone knows someone who has been a victim. A good friend of mine recently became a victim. His case, (and 16 years of law enforcement experience), prompted me to write this article.

*(If you have senior citizens in your life, PLEASE have them read this and make sure that they understand. Seniors are targeted more than anyone).

The following are actual incidents involving identity theft:

The victim - A medical doctor practicing at his successful twenty-year-old office in central Georgia

The victim realized that several important pieces of mail that he had been expecting at his residence hadn’t arrived yet. He had expected two of the items to arrive more than two weeks earlier. While attempting to telephone one of the companies whose package had not arrived, the victim received a telephone call from the sales manager at an automobile dealership located in central Alabama. The manager stated that he was calling to insure that all was well with the new automobile that the doctor had purchased several days earlier. The manager also stated that he would have contacted the doctor earlier, however, all of the telephone numbers listed on the doctor’s purchase agreement were incorrect. The manager had located the victim’s telephone number via the Internet. The victim had not purchased a new automobile in over eight years.

Further investigation revealed that a nineteen-year-old female from Nigeria who was legally in the United States on a student visa had stumbled across the victim’s ad for his medical practice in the local Yellow Pages. After leaving his office one evening, the victim was followed home by the female subject. The next morning the subject walked into the local post office and filled out a change of address card, replacing the victim’s home address with a post office box address that the female subject had purchased earlier in the week. All of the victim’s personal mail would be sent to the P.O. box instead of to his residence. Within days the subject had received several items of mail addressed to the victim, including pre-approved credit card offers and other documents containing his social security number and date of birth. Within two months the subject had acquired two automobiles, a motorcycle, a house and multiple credit cards on the victim’s credit. The subject was arrested and charged by the local authorities within three months of the initial criminal act, however, the victim’s credit was completely destroyed.

A detective with the local police department who had befriended the victim during the investigative process stated that he telephoned the victim approximately two years after the subject had been arrested. The victim had been forced to close his medical practice and retire early due to the incident.

The victim - A regional sales manager traveling in Georgia

The victim fell asleep in his hotel room early one evening after a day filled with meetings and conference calls. After exiting the shower at approximately 7:00AM the next morning, the victim noticed that his wallet, briefcase and laptop computer were missing from the hotel room. Further investigation revealed that the victim had not secured the dead-bolt lock on the hotel room door the night before. Someone utilized a pass card-key to enter the victim’s hotel room while he was sleeping and acquired the missing items.

Before the victim could finish speaking with the local police and report the incident to his corporate office, his corporate calling card number had been sold to several subjects at the local airport. During the six-month investigative process involving the victim’s case along with several others, (all of which originated at the same hotel), the victim’s personal information was utilized to open several credit card accounts and to receive several high interest cash loans.

The victim - A Georgia homeowner

The victim received a telephone call one morning from a major credit card company customer service representative who worked in the theft and fraud department. He was calling to inquire about the unusually high dollar amounts that had been charged on the victim’s recently opened credit card account. The victim had not opened any credit card accounts in over five years. The representative then recommended that the victim call the local police and file a police report.

The victim was informed by a police department supervisor that for three days they had received several similar complaints from the same subdivision. Further investigation revealed that a male subject posing as a door-to-door solicitor had retrieved several envelopes containing pre-approved credit card promotions from mailboxes throughout the subdivision.

(I was an arresting officer involved with the following case)

The victims - Five major Atlanta area retail outlets

A search warrant was successfully obtained for an apartment located in Dekalb County. The two male residents were suspected of fraudulently ordering and receiving merchandise via the Internet from several Atlanta area retail locations. Upon entering the residence officers observed several expensive and obviously new items of merchandise located throughout the entire home, including:

- One twelve foot tall artificial Christmas tree containing hand-blown glass ornaments valued at $3000.00

- Two forty inch projection television sets (one in the living room and one in the master bedroom)

- Unopened boxes in the dining room containing several sets of crystal and china valued at $10,000.00

- Several unopened boxes located throughout the home containing computer equipment including monitors and PC towers valued at $16,000.00

Investigative efforts revealed that the two subjects had obtained a Customer Credit Listing book from another individual who was at one time an employee of a credit reporting agency. The book was the size of a telephone book and contained thousands of listings in alphabetical order of Atlanta area credit customers by full name, last known mailing address, last known level of income and even social security and date of birth information.

The subjects had highlighted certain names, (prioritized by income level), and had utilized the victim’s personal information to obtain several credit cards from the retail locations. The subjects would then utilize the credit cards to order merchandise.

Five retail outlets dispatched seven large panel trucks to retrieve their merchandise from the residence.

During the preliminary hearing for one of the subjects, officers knew that the subject was a major flight risk and were not pleased with the inadequate cash bond amount that the presiding judge had placed on the subject. An officer approached the bench and placed the large Customer Credit Listing book down in front of the judge, opened it to a book-marked page and pointed to the only line of highlighted text on the page. Both subjects were denied bail by the judge and were ordered to remain in jail until their trial date.

The judges’ credit information was highlighted.

Identity thieves will utilize anyone’s personal information in any way imaginable in order to profit financially, including but not limited to:

- Procuring monies from the victim’s established accounts

- Obtaining credit cards from banks and retailers

- Applying for and receiving cash loans

- Financing the purchase of anything from automobiles to firearms (identity theft is a simple way for convicted felons to by-pass gun laws, including background checks and waiting periods)

- Establishing accounts with utility companies

- Obtaining a home loan or renting a home or apartment

- Obtaining employment

- Filing for bankruptcy (in the victim’s name)

Methods utilized by identity thieves for obtaining a victim’s personal information include but are not limited to:

- “Dumpster diving” or sifting through garbage at a victim’s residence, place of business or any retail establishment, restaurant, night club, school, doctor’s or dentist’s office or any location where there may be copies of credit card receipts and other documentation containing personal information.

- Mail theft. Pre approved credit card offers and other mail material containing personal information are too often easily obtainable by identity thieves.

- The theft of proprietary data containing employee information from a company’s human resource department or even a briefcase. If employee spreadsheets contain no date of birth or social security information, the names and telephone numbers are sold to telemarketing or other similar organizations for a profit.

- “Shoulder surfing.” Identity thieves will even resort to sitting in their automobile in a parking lot and will utilize binoculars to read a victim’s PIN number at an ATM machine, or credit and/or calling card number at a payphone.

The following proactive steps will aid in the prevention of identity theft and fraud:

- Insure that new orders of personal checks are delivered to your bank, not your residence.

- Mail payments containing personal checks or money orders from a secure public mailbox or the post office, not your residential mailbox.

- When ordering a new or replacement credit card by mail, write down the name and the extension of the representative you speak with, as well as the expected arrival date for the card. If the card does not arrive by the expected date, telephone the representative immediately to inquire about the disposition of your credit card.

- If an expected mail item does not arrive on the expected date, or you notice a sudden decrease in your normal amount of delivered mail or no mail delivery at all, inquire regarding a possible fraudulent change of address at your local post office.

- Credit accounts that are not used regularly are attractive targets for identity thieves. Cancel accounts that have not been used in the last six months or longer, and destroy the credit cards.

- Purchase a crosscutting shredding machine. All pre-approved credit promotion documentation, check stubs, receipts and any documentation containing personal information should be shredded before disposal.

- Do not give out any personal information over the telephone. If a creditor “representative” calls and requests that you provide them with any personal information, suggest that the representative provide you with his or her telephone number and extension, and inform them that you will call them back momentarily with the information that they are requesting. If the telephone number does not match the toll free customer service number found on a monthly statement or on the back of the credit card issued to you by that creditor, call the actual customer service toll-free telephone number to inquire about the validity of the call.

- Order an unlisted home telephone number, or at a minimum request that your name be listed in the local telephone directory by an initial and last name, and request that your home address be removed from your listing.

- Do not participate in telemarketing promotions, and have your information removed from promotional lists. Telemarketing lists are bought and sold by companies and individuals on a daily basis. Once you have participated in a promotion over the telephone or by mail, (even if the promotion offers a free product or service), you will notice an immediate increase in the amount of promotional mail and in the number of telemarketing calls you receive. This greatly increases your risk of becoming an identity theft victim.

- Do not utilize your credit card on the Internet until you have read in full the company’s privacy policy, and the company’s web site provides a secured page that utilizes data encryption for credit card information. Many companies inform e-commerce customers in the fine print contained in their privacy policy that by purchasing their products via their web site, you agree to accept all of the terms and agreements contained in their privacy policy. Quite often those terms include the re-distribution of your personal information to other companies and creditors.

- Do not use a check or bank card on the Internet.

- Closely monitor all monthly bank and credit card account statements for fraudulent withdrawals and charges. Keep monthly statements for a minimum of one year.

- If your social security number is utilized as your drivers license number, have it changed. Do not have your social security number printed on personal checks.

- Order a copy of your credit report at least twice annually.

- Maintain one document, preferably in a fire proof security file or safe along with birth certificates, social security cards, your home inventory and other important documentation that contains the company name, account number, telephone number and the family member names on each open credit account. This will speed up the reporting process should you ever become an identity theft victim.

If you suspect that you or someone that you know has become a victim of identity theft, contact your local law enforcement agency immediately to obtain a police report. Early documentation is crucial. Send a copy of the following letter to the major credit reporting agencies:

///////////SAMPLE LETTER//////////////////

Re: (Your full legal name/no initials)
Social Security No:__________________
Date of Birth:___________________
Social Security No:__________________
Date of Birth:___________________
Spouses’ Name:_____________
Social Security No:_________________
Date of Birth:______________

Dear_____________,

In accordance with the Fair Credit Reporting Act, and for the protection of my credit information, I respectfully request that you take the following actions immediately:

- Provide me with my current credit report. (Enclosed find )

- Please add the following consumer alert to my credit report: “Do not issue credit without telephoning me first at the following number: __________.” (This is an excellent deterrent for imposters!)

- Please remove my name from any and all market mailing and promotional lists. (Call 888-5OPTOUT to request information removal for all three credit-reporting agencies as well.)

- Please do not change my mailing address or telephone number without my prior authorization in writing.

- My current address is: _________________
- My current telephone number at my office is: _____________
- My current telephone number at my home is: _____________

Enclosed you will find a copy of a current utility bill to confirm the accuracy of the above information.

Please do not provide my credit information to anyone without my prior authorization via telephone, fax, or in writing.

Please provide me with the necessary information so that I may set up a password to use for telephonic communications with your agency.

If I do not receive anything from you in writing within ten (10) business days from the date in which you signed the return receipt for this letter, I will assume that you unconditionally agree to insure that the above actions are taken.

Thank you in advance for your prompt attention to this matter.

Respectfully yours,

///////////SAMPLE LETTER//////////////////

J.C. Hurst is the IT/Internet Marketing Director
for The Ziegler Corporations.

You may contact J.C. at 800.726.0510 -or-
JCHurst@ZieglerSuperSystems.com

J.C. Hurst is the IT/Internet Marketing Director
for The Ziegler Corporations.

You may contact J.C. at 800.726.0510 -or-
mailto:JCHurst@ZieglerSuperSystems.com JCHurst@ZieglerSuperSystems.com

Missouri DWI Law

Missouri has laws in place to protect motorists, pedestrians, and cyclists from other drivers who choose to drive after consuming alcohol or a controlled substance. These laws are known as the DWI laws and they make it illegal for a driver to drive while under the influence of alcohol and drugs. The penalties available in this type of case can range from license suspension to jail time, so it is important that you get a fair trial. Hiring a Missouri DUI attorney can help you to get the best chance for presenting a successful defense. If you are convicted of a DWI offense, having a skilled Missouri DUI lawyer can help to reduce the penalties that are imposed against you.

Missouri DWI Arrests

When you are arrested for driving under the influence, it is often referred to as DWI when you are under the influence of alcohol. If you are under the influence of drugs, then the offense is simply called driving under the influence. You do not have a choice of what type of test will be offered to you, but you do have the right to contact a Missouri DUI lawyer before you submit to the chemical testing. You also have the right to obtain your own test from a physician or other medical professional after submitting to the law enforcement testing procedures. There are two ways a prosecutor may try to gain a conviction against you for DWI or driving under the influence. One is by showing that your consumption of alcohol or drugs impaired your driving ability to a point where you could not drive as safely as you could have if you had not consumed alcohol or drugs. In this type of case, the prosecutor will attempt to show that you were impaired by introducing information about your arrest. This information may include your appearance, whether the smell of alcohol was on your breath or clothing, whether you were displaying bad driving habits, or if you failed field sobriety tests. The other type of case relies on Missouri’s “per se” law to prove that you are guilty. This type of case is based solely on the results of chemical testing. If you have a blood alcohol concentration test within 3 hours of driving and the result meets or exceeds the 0.08% legal limit, the prosecutor will charge you with DWI and will show that you were driving with this unlawful blood alcohol level to the jury in your case. If you refused chemical testing at the time of your arrest, you will face additional penalties and this information may be introduced during your criminal case. If you are arrested for DWI in Missouri, it is important that you contact a Missouri DUI lawyer so that you can present a solid defense and minimize the impact of the charges on your life.

Administrative DWI Penalties

When you are arrested for DWI, you only have 15 days in which to request a hearing. If you miss this deadline, your license will be suspended and you’ll be unable to drive. The penalties for a first offense when you have failed a chemical test are a 30 day suspension period followed by 60 days of restricted driving. For a second or subsequent offense, the suspension period is one year. There is no hardship license available for restricted driving purposes. This will stay on your driving record for five years after the suspension. If you have refused to submit to a chemical test, your license will be suspended for one year. You may apply for a hardship license after 90 days if you do not have any other offenses on your record. Because losing your driving privileges can impact your quality of life, you must contact a Missouri DUI lawyer to make sure that you are represented by a qualified legal professional.

Missouri DWI Criminal Penalties

The penalties for a DWI in Missouri depend on the number of convictions you have had in the past and any aggravating factors in place at the time of your arrest. The penalties become more severe with each offense. The first DWI offense is classified as a class B misdemeanor. Penalties may include a maximum of 6 months of jail time, a fine of up to $500, repayment of court costs of $10 to $100, probation of one to two years, and a 30-day driver’s license suspension with an additional 60-day restricted driving period. Ignition interlock device installation may also be a requirement. A second DWI offense is classified as a class A misdemeanor. The penalties for this level of offense can include up to one year in jail, a $1,000 fine, court costs of $10 to $100, one to two years of probation, and a 5 year revocation of driving privileges. A hardship license is not available until 2 years of this period have passed. An offender will also have to drive a vehicle with an ignition interlock device installed during their probation period. A third or subsequent DWI offense is classified as a class D felony. The penalties for this level of offense are up to five years in prison, a fine of up to $5,000, court costs between $10 and $100, probation, and a 10 year loss of driving privileges. These penalties are severe, so it is important that you have a skilled Missouri DUI attorney to represent you.

Visit our dui-attorney-search.com/states_pages/MO.htm Missouri DUI Attorney website and fill out a free case evaluation today.

America, it’s time to take an aggressive stance in preventing identity theft! The odds of the average American becoming the victim of such an outrageous crime are greater than you might think. In fact, with today’s technology and just a little creativity, thieves can quite easily capture your personal identity for the purposes of draining your funds, charging expensive items to your credit cards and recreating their entire lives to virtually become “you”. There are effective ways to fight this epidemic – it’s just a matter of familiarizing yourself with them.

Financial Transactions

Let’s face it, there’s no way to function within society without participating in some type of financial transaction on a regular basis. Whether it’s going to the ATM, applying for a loan or charging merchandise on a credit card, we’re all caught in the electronic loop and will need to find an effective means for preventing identity theft.

Don’t place outgoing bill payments in your mailbox for mail carriers to collect.
Make sure that the keypad is shielded when you type in the PIN number for your ATM banking transactions.
Pick up boxes of new checks directly from your bank; never have them mailed to your home.
Don’t include your social security number or driver’s license number with your pre-printed name and address on your checks.
Don’t write credit card or bank account numbers on your checks.

Credit Cards

Too many people become lax in the area of credit card information. So many folks order merchandise over the phone or online using these cards, and little is done in the way of preventing identity theft.

Don′t apply your signature to your credit cards, instead write on the back -in permanent ink- “Ask for driver’s license” or any variation.
Don’t get into the habit of carrying all of your credit cards with you – only carry what you’ll need for the purposes at hand.
Shred any unused documentation that contains your credit card information, and do the same with pre-approved credit card applications.
Never dispose of credit card receipts by simply throwing them in the wastebasket. Always shred them before disposal.

Social Security Number

This is one of the most commonly stolen bits of data today, which helps to cement identity theft. By protecting this precious piece of personal information, you can do much in the area of preventing identity theft.

Memorize your social security number, and never carry your card or other document that may contain the number, in case of theft.
Don’t allow your social security number to be used as an ID number, either at work or on various types of accounts.
When obtaining a driver’s license, request that your social security number is not used as your driver’s license number. Although this is a common practice in some states, you do have the right to make such a request and be assigned a different number..
Never print your social security number on your checks.
Request a statement from the Social Security Administration showing your earnings and benefits every few years, to ensure that everything is correct.

These and many other precautions can be taken to ensure that you’re protected from identity theft. Although there’s no sure-fire guarantee that it won’t happen to you, prevention is certainly the best medicine – just ask anyone who’s ever been the victim of such a crime.

The author grants reprint permission to all venues so long as the copyright and by-line are included intact.

Copyright © 2005 Preventing Identity Theft.com All Rights Reserved.

About the Author: Nikki Greene is dedicated to helping you become better informed when it comes to preventing identity theft. Sign up for her preventing-identity-theft.com/identity-theft-newsletter.html “Preventing Identity Theft Newsletter” and keep up with the latest trends, identity theft in the news, and how you can safeguard your identity: preventing-identity-theft.com/ preventing-identity-theft.com/