Archive for the ‘Law & Ethics’ Category
can my work require my phone records if they dont pay for the phone used?
I am a private contractor for a company that helps kids. we call these children each day using our own home phones and internet from home that we pay for. Recently I was notified that if we want to get paid in the future we had to submit our phone records to them with our time sheets. and advised we can block out personal calls and if we dont have a provider who gives us a list they suggest a provider we can switch to. Is this legal?
Have you been getting calls from this number?
Everyday….and I returned call to number and get recorded prompts.
1 800-859-3170
Telecheck Recovery Services
And…I don’t have checking account.
I have searched Telecheck on the Web and ripoff is a term that comes up frequently associated with Telecheck.
seems some other people have been getting calls
forum re
http://800notes.com/Phone.aspx/1-800-859-3170
Can a 17yr old waive his rights and sign a waiver to release his phone records to police?
If a 17yr old was detained and questioned by police officers without an attempt to contact his parents.He signed a release to give police access to his telephone records,will their findings or his statement (not a confession) hold up in court? He was charged as a adult with the crime. Our state is Alabama.
What are your thoughts about Capital One’s actions?
If you ask Larry Borneisen, it was just a testy phone conversation about his credit card debt that got a little out of hand. If you ask the U.S. government, it was a telephonic bomb threat on the bank.
Federal agents with guns drawn raided Borneisen’s home off I-4 on April 17.
“All I saw were guns,” said Borneisen. “And I’m not talking hand guns.”
Five days earlier, Borneisen had gotten himself into a heated exchange with a Capitol One supervisor over his $450 debt. He admits he lost his temper over the phone, but insists he did not threaten to blow up anything.
“What part of ’stop calling me’ don’t you understand?” he said he told the representative. “I said what do I have to do? Put my foot in somebody’s behind?”
He insists there was no bomb threat.
“I don’t think saying ‘what do I have to do, put my foot up your behind’ constitutes a bomb threat,” he said.
Borneisen says Capitol One calls him several times a day. He points to striped phone records where he’s highlighted their bank’s calls in bright yellow.
Sometimes, he says, the bank calls three times an hour to collect $450. That’s why he says he was so frustrated on April 12. But he insists he did not threaten to bomb Capitol One’s offices in Virginia.
Federal investigators have not said whether there is a recording of the conversation that prompted the raid and arrest. Capitol One also has not responded to questions about the call and whether it was recorded.
FBI agents searched Borneisen’s home for bomb making materials, but did not find any
Borneisen, who was released from jail after posting a bail bond, says an audio recording will prove he is innocent, and that there was no bomb threat. He thinks the Capitol One representative made up the bomb threat when she became frustrated with his tone.
“You can’t fabricate something because someone cursed at you,” he said.
Bornesein says he will challenge the charges.
Identity theif lookup by email or name?
Someone stole my identity and from the investigating I’ve done through the companies charged, I have an email address of this person. Unless they are being sneaky, it seems she’s using her first name and middle name in the email. I have verified it as a valid address. I have been trying to find a name or address linked to this, but I don’t want to pay for a reverse lookup that might not get me anywhere. I also suspect it might be a neigbor or even a mail carrier who’s done this. My email provider (which is the same service she’s using) was no help in the customer service dept. I’ve filed a police report, but I so badly want this person found. Anyone have any ideas? If theres a site I can look up of peoples’ names living in my area that doesnt require a last name to be entered, or know of a truly FREE reverse email finder site?
I need help with my Patriot Act essay?
Please tell me how to better this. It has to be another minute longer. Topic: How Does the Patriot Act Vioate the Constitution?
Here it is:
The U.S. Constitution took effect on March 4th, 1789. It was created to “establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty.” It also set up a system of checks and balances, to make sure that no branch of government became too powerful. The last thing the United States wanted to become was the oppressive government they had only just recently separated themselves from. To further guarantee the freedoms of the American people, a block of twelve amendments was proposed, and ten were ratified. Passed in 1791, these amendments make up the United States Bill of Rights. They insure basic freedoms such as the freedom of speech, press, and religion. Others lay down the basis of search and seizure, privacy, and the due process of law. The constitution( with the addition of twenty-seven amendments) guaranteed the rights of the American people for over 200 years.
But in the morning hours of September eleventh, 2001, terrorists hijacked four planes. One crashed in a field in Pennsylvania, another into the pentagon, and the remaining two into the world trade centers. In response, President Bush declared a war on terrorism, including Al-Qaeda, and Osama Bin-Ladin. In march 2003 the U.S. invaded Iraq, stating that they had weapons of mass destruction, and ties to Al-Qaeda. On December 13th, 2003, Saddam was arrested for mass murder. Recently he has been convicted and sentenced to death by hanging.
In addition to our foreign war, several bills were passed to aid in the war against terrorism. In 2002, Congress passed and the president signed the bill forming the department of homeland security, the largest change in the contemporary U.S. government. The cabinet department’s responsibility is to keep the American people safe from both terrorist attacks and natural disasters. The U.S. also passed the P.A.T.R.I.O.T. Act, and invoked the help of the National Security Agency. Since that time, the U.S. has walked a very fine line between protecting our liberties, and disregarding them. The Constitution was established to protect us, and yet acts such as the patriot act are getting around “the supreme law of the land” Please know, this is my opinion, but unfortunately, it isn’t the view of the court system.
The P.A.T.R.I.O.T. act encroaches upon the liberties set down for us in the constitution in many ways, but let’s start sequentially, shall we? The act violates the fourth amendment. The Fourth Amendment to the Constitution reads: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons of things to be seized.” The Patriot Act, now passed and the law of the land, has revoked the necessity for probable cause, and now allows the police, just so long as you are suspected of being a terrorist, to enter and search your house — and not even have to tell you about it. Yes, nicknamed sneak and peak, the U.S. Patriot Act allows for delay of a notification of a warrant. A warrant which can now be issued without even probable cause.
The U.S. also violates the fourth amendment using the Foreign Intelligence Surveillance act, which can gather information without a warrant for foreign interest. The FISA can order a wire-tap. We’re now gathering information for ourselves alone, not a foreign country, that is illegal. In addition to the violation of the amendment, it destroys a major aspect of their Constitution, checks and balances. Without judicial oversight in these matters, the scales are thrown way off.
Believe it or not, the act also violates the fifth amendment! It violates the Fifth Amendment by allowing for indefinite incarceration without trial for those deemed by the Attorney General to be threats to national security. The Fifth Amendment guarantees that no person shall be deprived of life, liberty or property without due process of law, and the P.A.T.R.I.O.T. Act does away with due process. It provides for indefinite incarceration, and delay of a lawyer, if they see one at all! Basically, it allows suspected terrorists to be shipped away to some cell in Guantanamo Bay without even a trial! So obviously, that shatters the sixth amendment as well, which provides for a “speedy and public trial”.
What about the eighth amendment? It states that there should not be any cruel or unusual punishments. I’ll leave this one to you, do you call getting shipped to some dirty cell in Guantanamo without a lawyers consult, a trial, or even a conviction cruel and unusual?
And of course, it is misused. A North Carolina man was charged with creating chemical weapons after he was busted for running a meth lab. Instead of six months in jail, he now faces twelve years. The U.S. also used section 806 to seize 4.5 million dollars from a telemarketing company that scammed the elderly into thinking they had won the Canadian lottery, as long as they paid thousands in back income taxes. The section allows the government to freeze or seize the assets of any group or individual who are funding terrorist organizations. I mean, sure, they were being mean to old people, but a terrorist organization they were not. It was up to the Canadian government to shut them down. We had no right to dismantle the group, let alone seize their assets! And just months after the passing of the act, the justice department was teaching seminars on how to extend the wire-tapping provisions to include non-terrorism cases. It has also been confirmed by the president that the NSA tapped phones without a warrant, or FISA order. Not only did they do this, but President Bush, knew completely about it! To me, that sounds just a tad illegal!
It is comforting to know however some parts of the act have been ruled unconstitutional by the courts. On September 29, 2004, U.S. District Judge Victor Marrero struck down Section 505—which allowed the government to issue “National Security Letters” to obtain sensitive customer records from Internet service providers and other businesses without judicial oversight. The section is very broad in its definition of business records. These include phone records, Internet records, and library records. Not only must the service providers or business owners furbish the government with our private records, but they aren’t allowed to tell us that they gave them away. If they do, they can be charged as an accessory. Not only does this section violate the first and fourth amendment, it throws off the marvelous American system of checks and balances. A judge is supposed to be the only one who can issue a subpoena, but not anymore. This section completely cut out the judicial system. At least the system of checks and balances allowed the courts to overrule this section and declare it unconstitutional.
I call for a return to the U.S. Constitution. While some may say it needs to change with the times, it hardly has in the past 200 years. It keeps our government restrained. If we continue down this path, who knows how long it will be until warrants are abolished all together, or the due process of law is ignored completely. I say that we are walking down that road today, and we must turn around to preserve our liberty. And although the U.S. uses things like the patriot act and the NSA to prevent terrorism, they also encroach upon the freedoms of the American people. The very freedoms they say that they are trying to protect. When looking at some of the obvious breaches of the Constitution, one must wonder; what is the bigger threat to our freedom; the tyranny of foreign governments such as Iraq and North Korea, or the very hypocritical government which utilizes the Constitution, but has no problem getting around it should the need arise.
Please try as best you can to do another amendment. But any other breach of the Constitution will be fine!!
How would I make a donation to this pro McCain group?
http://www.swingcrats.org/Donations.html
“Tax-deductible donations can be made to Anytown Citizens United in the form of cash, check, or credit card. We do not operate for profit. All of our expense are public record and an expense report is available upon request.
To donate by phone call (555) 555-1234
To donate online visit Anytown Citizens United PayPal site.
To donate by mail, write to:
Anytown Citizens United
P.O. Box 1234
Anytown, Anystate 12345″
Ok, it is sarcasm I do not really want to donate, but it clearly shows that this is a fake ex-HRC supporters web site. Interesting who set it up?
Do I have a case?
I’d like to know if I can bring someone to court for money that he owes me for some work that I did for him. We never signed an official contract, but I do have emails saved concerning my terms for working for him. The work was completed in December of last year and a little in January and February of this year. He’s already paid me for the work that I did for him in November and early December of last year. I’m just having trouble getting in touch with him about the rest of the money he owes me. I have phone records to show that I have tried to reach him and I have left messages. He just never answers his phone, and he doesn’t call me back. I have most of the emails that I’ve sent him and a few that he’s sent me. In those emails, I explain the service that I’m providing and the fee. I have copies of checks that proves that he understood the fee and at one time was pay me with no problem. Is this enough to bring him to court to get my money? Do I need anything else?
I’d like to add that the amount of money that he owes me is $679. In the last email I sent to him before he stopped communicating with me, I clearly stated that he owed me $879. I knew his son had been sick, so I said that if he couldn’t pay the full amount call me so that we could talk about payment arrangements. He didn’t call me, he just sent me an email saying that he was putting the check in the mail. I never got the check, so I emailed him again. Again, he said he was sending the money. That time, he did send a check but for only $200.
I’m not rich by any means, so when money’s owed to me I want every hard earned dime. I don’t really know anything about court costs, so would I be breaking even or could I actually come out with something based on the amount I provided?






