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David Paul Weber
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David Weber’s Answers

24 total

  • I made a mistake and mishandled some customer information with a merchant account, felt guilty and refunded all the transactions

    All of the transactions were refunded to customers before any funds were deposited to my account (thank god, at least i only temporarily inconvenienced people and they will all receive 100% of it back quickly), and admitted what I had done to my ...

    David’s Answer

    First, there is not enough information to give a complete answer. Second, remember this is not legal advice, as no attorney client relationship exists. You sound as though you "did the right thing" by first, not engaging in fraud, and second, telling your employer. I would not go to the police at this time. They look for easy low-lying fruit like you, rather than the real criminals. If there is no harm, and no foul, I would consider hiring an attorney specializing in this type of matter, and laying low. If you handle things right, (and you started things right by deciding you did wrong), hopefully you will move on with no further negative consequences. Good luck! David

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  • Who prosecutes a person who has been investigated and charged with disability fraud? Would the District Attorney's Office?

    A person who has been on disability for over 10 years has been investigated and pictures have been taken showing this person as very capable physically versus having a bad back as claimed. Pictures of shoveling heavy snow, carrying large bags of m...

    David’s Answer

    • Selected as best answer

    If you are talking about federal disability benefits, it would be the Social Security Agency Office of Inspector General, FBI, US Secret Service, or US Postal Inspection Service which would investigate the fraud, but most likely the SSA OIG. In your location, it would be the United States Attorney for the Western District of New York (Buffalo and Rochester), or the Department of Justice Fraud Section in Washington, DC, which would prosecute the fraud. If you are the person in the hypothetical above, or know who is, you are going to need a lawyer very quickly. Take care, and good luck. David

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  • Just got a call saying I was being notified of process to serve on 4 accts of FDIC fraud didn't say where from!

    A Brian Stallwell said I could call some number, I had taken some payday loans out a few yrs ago that I had to close bank accts because they must have sold my info. Started getting calls from foreigners. When I tried to settle up with them and sai...

    David’s Answer

    • Selected as best answer

    This is a fraud; DO NOT PROVIDE THEM WITH ANY INFORMATION! This is a type of fraud scheme called a 419 scam. I attach a link to a description of how the scam works. http://en.wikipedia.org/wiki/Nigerian_scam
    Feel free to contact me for further information. Good luck - and no more talking with these folks without legal counsel.

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  • Can i go to jail for check fraud

    i had got a payday loan four years ago from ace cash express i couldnt pay the loan back because i had a few bumps in life so i get a call from lady name linda skyy she said im going to jail for check fraud if i dont come up up with the money b...

    David’s Answer

    Hi. Threatening jail for a collection effort on a payday loan is illegal, and a violation of federal law. At a minimum, you could contact the state regulator for the state in which you obtained the loan - it appears to be California. They will likely assist you for free. I am the former federal prosecutor who sued ACE Cash Express, the company to which you refer, for allegations just like yours. Put plainly, it is illegal to threaten criminal action to obtain civil relief. I am now in private practice, and would be happy to discuss this with you. Good luck. David

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  • Can a landlord give you a verbal conviction from a house That you are renting

    Lease was good for one year I've been here 4 years paying rent I broke up with his brother and now I got a 30 days notice verbally

    David’s Answer

    You do not provide enough information to answer the question. it would depend on the original lease documents and additional information. If you would like to discuss, we handle landlord-tenant work in DC, and I am a L-T commissioner in MD, which is the equivalent of the superior court housing division in DC. Good luck....David

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  • I live in MD. My father lives and has property in the VI. How best can I transfer ownership and manage from away?

    I will be in St. Thomas for one week in June and would like to handle anything that needs in-person attention, then. The property is a 1/4 acre of land and an unfinished house. Should I deal with a real estate agent, atty, real estate atty, etc......

    David’s Answer

    Hi. These are complicated questions; you need the help of an attorney who specializes in estate and trust law, or elder law. My law firm does both; we have attorneys licensed in DC and MD and can help. If would like to have a free initial consultation, please contact us.
    www.goodwinweberlaw.com.

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  • Can an employer hold contracted payment from an adjunct faculty member until that faculty files paper work for a future class?

    I work for a small, private, sectarian college that is housed in a church and technically functions as a branch campus for a larger college. I am an adjunct faculty member who gets paid per class once a semester. All required work has been fulfi...

    David’s Answer

    Hi; you do not provide enough information to answer this question. It will all come down to your appointment document or contract, if you have one. I have experience in this area because I am not only an attorney, but an adjunct at a large university in MD........Good luck.

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  • What do to if social security number fraud occurs?

    i think im being victim of fraud with my social security number, i called the social security office but they were no help, i called some other credit agencies to set up a fraud alert but they were being so confusing and ask for so many document t...

    David’s Answer

    There are a number of items you should do immediately. First, you should read and review the information contained at the Federal Trade Commission's ID Theft Website. Link here: http://www.consumer.ftc.gov/features/feature-0014-identity-theft
    This is the US government's clearinghouse for all ID theft concerns. Second, you should call any one of the consumer credit report agencies, and place a fraud alert on your credit report. A call to any one of the firms (there are three major firms) will result in the alert on all three, as they share information. Next, you should file a local police report. Then, you should contact the Social Security Administration Office of Inspector General, which is the agency responsible for investigating fraud, waste or abuse of the SSA. Last but importantly, not least, you should review your homeowner or renters insurance policy. Many reputable firms now have a rider offering free identity theft restoration services as part of your insurance policy, including, in some cases, allowing you to hire a private lawyer to help, and paying the legal fees. (Good luck. David

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  • My university hired an employer-defense attorney to investigate my harassment complaint.Can I bring a witness from our union?

    I'm a faculty member who complained about harassment by another faculty member. The lawyer the university hired specializes in harassment-defense. Can I bring a union rep to the investigation interview? I know that Weingarten rights are for those...

    David’s Answer

    Certainly, I am sure your CBA allows for you to have union representation; in addition - you should probably consider hiring private counsel to look out for you. I say this as both an employment attorney and as a fellow professor - since I teach for a large east coast university. Please understand that these types of cases can get crazy, and that is why you really do need to secure competent legal counsel. Good luck - David

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  • Is a being a "single parent" a protected status from discrimination, when it comes to a workplace or employment?

    I was terminated because I "failed to perform job duties" (was what it said on my termination letter), but upon termination notification, my boss went on a rant about how I wouldn't be able to travel because I'm a single mother. Is this a form o...

    David’s Answer

    • Selected as best answer

    I do not necessarily agree with some of the responses from others to this question. While discrimination based on an individual's status as a parent is not a covered basis under the laws enforced by the EEOC, there are circumstances where discrimination against caregivers may give rise to sex discrimination under Title VII or disability discrimination under the ADA. See Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities, www.eeoc.gov/policy/docs/caregiving.html.
    Good luck - David

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