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What Every Landlord Must Know About Discrimination

The Fair Housing Act of 1968, as amended, prohibits discrimination on the basis of race, color, religion, nationality, familial status, age, and gender.

Many state and local laws also forbid discrimination on the basis of sexuality or source of income, and the Americans with Disabilities Act makes it illegal to discriminate against the disabled.

If you harbor any such prejudices and would allow them to come into play when renting a housing unit, then you’re probably not cut out to be a landlord. However, many sincere real estate investors make honest mistakes that result in discrimination lawsuits. The best way to avoid them is to be informed.

The Fair Housing Act (FHA) may appear to be common sense, and most people would never think of discriminating against people of different races or religions, or on the basis of gender.

However, it is important to note that the FHA extends beyond the screening process, and into advertising as well. This is where many landlords and property managers make fatal mistakes.

After all, there are people who scour the classifieds looking for inappropriately worded ads so that they can pounce on them and threaten a lawsuit. While someone must have standing to bring suit, these scoundrels often work in coalitions to ensure that all of their bases are covered.

For example, if you own a rental property in a predominantly Jewish community, its proximity to the local synagogue could be a major feature.

But if your ad says “within walking distance from the synagogue, you could be sending the message gentiles need not apply, even though this wasn’t your intent.

And keep in mind that you may not discriminate on the basis of whether a couple is married, whether or not children are to live in the unit, or on the basis of age.

Novice landlords may not be aware of these areas of concern, and while it’s a good thing that citizens are more aware of their rights today, it can be a very bad thing for well-meaning landlords who are out of step with the times.

State law and local ordinances can extend similar protections granted under the FHA to other groups. For example, California, Minnesota, and North Dakota prohibit discrimination based on source of income. In other words, a landlord cannot discriminate against would-be tenants who rely on public assistance.

Putting the political perspective of the landlord aside, such discrimination makes very little business sense, since people on welfare or social security are virtually assured of a fixed income.

Some cities make it a crime for a landlord to discriminate against lesbians and gay men. If you are uncomfortable renting to same-sex couples and you live in a community progressive enough to pass ordinances protecting their rights, then you are either in the wrong line of work or the wrong town. There can be little rational argument in favor of discriminating against same-sex couples in an accepting locale.

The Americans with Disabilities Act (ADA) prohibits discrimination against the disabled, and also requires landlords to make reasonable accommodations to disabled tenants. Who decides what’s reasonable? Typically, judges, if it comes to that.

But while most landlords are aware of the ADA and would never stoop so low as to discriminate against a person in a wheelchair, many are unaware that the ADA also protects mentally disabled tenants. A mental disability could also include recovering alcoholics and drug addicts.

The downside of this is that these types of people are prone to relapse and if they do, can cause serious problems for you and other tenants. Everyone deserves a second chance, and many recovering addicts go on to be productive members of society.

The ones who are unable to recover typically have other problems, and thus it is vitally important that you document additional reasons for rejecting their rental applications if you decide to do so.

If you own rental properties in your own name, you are asking for a world of pain - it’s the equivalent of wearing a giant kick me sign on your back. Instead, own your properties in corporate, limited partnership, LLC, or trust form.

That way, even if you are the victim of a discrimination suit, or any other type of judgment, your personal assets may be protected against the liens of creditors.

Richard Reichmann is internationally known as a millionaire maker. He’s a leading consultant in real estate and internet marketing strategies that are profit proven.

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Mold In Your Apartment - Who Is Liable?

If you move into an apartment or a home and you sign a lease, some people might think that they are stuck with that lease even if they discover that the property has a substantial mold problem. This is not true.

No matter who you are renting from or what kind of property, it is the landlords responsibility to provide you with a healthy place to live. If you or your children become sick due to the mold located in the home, apartment, or business you are leasing, your landlord can be held responsible.

The only thing that you have to do first is prove that mold exists in your rented space. That burden or proof is on you because in most leases, mold testing, inspections, and removal are not covered by the landlord. Landlords do not pay for these; you do. If there is a problem, you have to prove it.

If the rental property is infested with mold, the landlord might be liable for the damage to the tenants health, the medical bills associated with mold, loss of income due to sickness, and for the damage to clothing and other possessions.

Other possible liabilities include the expense it takes to move to a mold-free environment, the difference between the rent at the mold-infested rental and the new, habitable rental, and for any mold inspections, testing, and remediation of the rental that were paid for by the tenant before moving out.

You should mail a notice to your landlord via certified mail that there is a mold problem first and foremost and provide proof within the envelope. An analysis and identification of the mold sample you collected using a mold test kit signed by a mold laboratory is a good way to prove that mold exists in the property.

Even better than this is to have a written report signed by a certified mold inspector along with the above mentioned laboratory report. If notice is ignored by your landlord, you can choose to send a second notice stating that due to the failure to have the mold removed from the property, you are withholding your rent.

Lastly, if that is ignored by your landlord, you should send another notice via certified mail that you are vacating the premises and that legal action is going to be taken, especially if you have suffered health complications due to the mold.

You should not need a lawyer to draw up these notices for you, as long as you are clear and to the point that mold exists on the landlords property that you are renting and you want it removed and if you are suffering any health complications, these should be stated very clearly and with proof, as well. Most landlords will respond promptly.

Jim Corkern is a writer and promoter of quality
flood and water damage cleanup and
water damage restoration> companies across the united states.

22 Facts, Every Plaintiff Should Know About Lawsuit Funding - Lawsuit Loan

Most of the plaintiffs involved in lawsuits do not realize they can get cash advance before their case settles. It is called as lawsuit funding and often referred as lawsuit loan, legal finance, lawsuit cash advance, litigation financing, legal financing, pre-settlement loan and plaintiff cash advance.

The following 22 facts, every plaintiff must know about lawsuit loans. I hope these will help and guide them to take a knowledgeable and judicious decision.

1. Who is eligible for Lawsuit funding?

If you are a plaintiff, involved in any of following lawsuits (but not limited to), i.e.: personal injury, auto accident, malpractice (medical, legal, construction), employment discrimination, fraud, product liability, breach of contract, Mesothelioma, negligence, workers compensation, civil rights, class action, patent infringement, whistle blower (qui tam), workers compensation (not in all states), wrongful death, commercial litigation etc.; and if you are represented by an attorney, you may be eligible for a cash advance or legal financing on your pending settlement.

2. How can I benefit from lawsuit funding?

Many plaintiffs are forced to accept a low offer due to the financial hardship that many victims experience soon after their personal injury. An advance on your settlement will allow your attorney the time needed to get the full value for your case.

3 - What types of cases are funded by lawsuit pre-settlement funding companies?

A good company would provide cash advances on mostly all types of cases. The most common types are listed in fact number 1.

4 Is good credit & employment necessary?

No, the lawsuit funding or legal financing is not based on credit history, unless there is a pending bankruptcy. Applicant may have bad credit score and no employment.

5. Why don’t I just get a bank loan?

Traditional financial institutions, including banks, do not generally lend solely on the merits of a lawsuit. They deem the practice of lawsuit finance or lawsuit funding as too risky.

6. Is this a lawsuit loan?

No, this is not a loan. It is actually non-recourse cash advance on the future value of your case. Unlike a loan, if you lose your case you owe nothing in return.

7. Why is this not a loan?

Loans are repayable absolutely. A loan is type of financial aid which must be repaid, with interest. But lawsuit cash advance, legal finance or lawsuit funding is actually purchasing an interest in your settlement. So, if you lose your case, you do not owe the funding company anything.

8. Do I owe any up front out-of-pocket fees or costs? Are there any additional fees, such as monthly fees, involved?

Absolutely NO! A good lawsuit financing company should not charge any upfront fee or any application fee, processing fee or any monthly fee. There should be only a single fee for the lawsuit loan, based upon the length of time to settlement of your case. There will be a specific repayment amount, due and payable only after the case resolves itself successfully. And if the case is unsuccessful, there is no repayment required.

9. Will I have to sign any documents? Will my attorney be required to sign any documents?

Yes. You will need to sign an application and after you are approved for lawsuit loan, you and your attorney will sign the Funding Agreement.

10. How big an advance on my settlement can I get?

Lawsuit cash advances are generally limited to, from 10% to 15% of the projected case value. The minimum advance is $250 and the maximum amount available on a single case is one million dollars.

11. How would this help me get more money for my case?

The defendant, in order to save time and money and settle the case early, will offer you far less than what the case is really worth. If you need immediate financial help you may feel pressured to take an earlier (and often smaller) settlement. Lawsuit funding or so called lawsuit loan can ease your immediate financial needs and allow your attorney to continue to fight for a fair larger award.

12. Is the defendant insurance company notified?

No, the only parties who know about the transaction are you (the plaintiff), your attorney handling your case, and lawsuit funding company.

13. How long does it take for me to get the funds?

If you are eligible you can have your approval decision within 72 hours after reviewing your case documents. Funding company will wire your approved lawsuit funds into your bank account or can Fed Ex your funds within 24 hours of receiving your signed Funding Agreement via fax from your attorney.

14. How is the lawsuit cash advance paid back?

The lawsuit loan is repaid out of the financial settlement award from the case. It is paid at the same time that the proceeds of the claim are paid out to you.

15. What happens if I lose my case?

You owe absolutely nothing in return! The money advanced to you is yours to keep.

16. What can I use the money for?

Anything you like. It is your money. You pay your bills, mortgage and car payments. You can take care of education expenses of your children and pay your medical bills.

17. What if I need more money later?

If you have not received all the money, lawsuit funding company may be able to advance you more on your case. You can make another request for additional settlement funding or pre-settlement funding at a later date.

18. Does the legal finance company get involved in my lawsuit case?

NO. They have no input or control in your case. They do not get involved in the attorney-client relationship. All management and decisions pertaining to your case are made by you and your attorney. They have no role in the pursuit of your case. They only involvement is to initially review your case papers, so they can evaluate the claim.

19. Is this legal?

Yes. The claim or lawsuit is yours and you own it, just like you own a piece of property. After paying your attorney and medical liens (if applicable), the potential remaining money is yours. You may sell or assign it.

20. How will my attorney feel about me doing this?

Attorneys are sympathetic to the financial strain their clients can experience. In some states, attorneys are not permitted to assist clients financially, but they are allowed to assist in seeking third-party financing, such as plaintiff lawsuit finance or lawsuit funding.

You can apply for lawsuit funding without consulting your attorney first. However your attorney plays an important role in getting your lawsuit funding.

Attorneys are typically eager to help a client obtain plaintiff funding because it may mean that a long legal proceeding won’t end with the client having no choice other than to accept a low settlement offer.

Applying for plaintiff funding does not interfere with the agreement between you and your attorney in any way.

21. Why my attorney can not lend me money?

The American Bar Association prohibits attorneys from lending money to clients for anything but case expenses. This prohibition exists to prevent a conflict of interest from arising. If you owed your attorney money you might feel pressured to accept your attorney’s advise to settle your case when you really did not want to accept the amount offered. No. This would cause a conflict of interest because your attorney would now be your creditor. In fact, the American Bar Association expressly prohibits attorneys from loaning money to their clients for anything other then case-related expenses.

22. Is this process confidential?

Yes the total process is confidential, private and quick. Underwriters take a look at your case documents and determine if they think you have a good chance of collecting on your claim. These are the same documents that your attorney prepared to fight your case. If they think your chances to win are good, they will offer you a cash advance.

Paul Sherman is a Legal Funding Consultant.He offers free, professional, and independent advice to plaintiffs (incl. business owners) & Attorneys. To get
Lawsuit Loan & Structured settlement funding please visit http://www.easylawsuitfunding.com

Possession of Child Pornography & Trafficking –What the Law States

Possessions of child pornography, and the distribution of it, are some of the most targeted activities for investigation by both federal and state law enforcement agencies. Of course, a person has to knowingly possess pornographic images of children to be guilty of possession, and the images have to be real (non-computer generated) images of underage persons (children) for a legitimate prosecution.

Practical problems some people encounter are learning of pornographic images that were loaded onto their sites without their knowledge, or certain images that were transferred without intent to distribute. These situations, in both pre-Indictment and post-Indictment stages, require the use of expert computer forensic services to establish facts that may not be known to investigators.

Both the United States Code (federal criminal laws) and the Texas Penal Code (state criminal laws) contain laws against possession of child pornography and distributing the same. Prosecutions under federal criminal laws can result in harsh sentences due to the existence of the United States Sentencing Guidelines (U.S.S.G.). The U.S.S.G. is a point system that is driven by the number of images that are the subject of the prosecution, as well as other related enhancements. Such enhancements could include the nature of the images and whether these were shared or distributed.

Title 18, United States Code, Section 2252 and 2252A, set forth the federal crimes regarding possession and/or trafficking of child pornography. Title 18, U.S.C. 2252A reads as follows:

Federal Statutes in the United States Code:)
(a) Any person who
(1) knowingly mails, or transports or ships in interstate or foreign commerce by any means, including by computer, any child pornography;

(2) knowingly receives or distributes
(A) any child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer; or
(B) any material that contains child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer;

(3) knowingly
(A) reproduces any child pornography for distribution through the mails, or in interstate or foreign commerce by any means, including by computer; or
(B) advertises, promotes, presents, distributes, or solicits through the mails, or in interstate or foreign commerce by any means, including by computer, any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is, or contains
(i) an obscene visual depiction of a minor engaging in sexually explicit conduct; or
(ii) a visual depiction of an actual minor engaging in sexually explicit conduct;

(4) either
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly sells or possesses with the intent to sell any child pornography; or
(B) knowingly sells or possesses with the intent to sell any child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer;

(5) either
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly possesses any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography; or

(B) knowingly possesses any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer; or

(6) knowingly distributes, offers, sends, or provides to a minor any visual depiction, including any photograph, film, video, picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, where such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct
(A) that has been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer;
(B) that was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer; or
(C) which distribution, offer, sending, or provision is accomplished using the mails or by transmitting or causing to be transmitted any wire communication in interstate or foreign commerce, including by computer,
for purposes of inducing or persuading a minor to participate in any activity that is illegal.[1]
shall be punished as provided in subsection (b).

(b)
(1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), (3), (4), or (6) of subsection (a) shall be fined under this title and imprisoned not less than 5 years and not more than 20 years, but, if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 15 years nor more than 40 years.

(2) Whoever violates, or attempts or conspires to violate, subsection (a)(5) shall be fined under this title or imprisoned not more than 10 years, or both, but, if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 10 years nor more than 20 years.

(c) It shall be an affirmative defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) that

(1)
(A) the alleged child pornography was produced using an actual person or persons engaging in sexually explicit conduct; and
(B) each such person was an adult at the time the material was produced; or

(2) the alleged child pornography was not produced using any actual minor or minors.
No affirmative defense under subsection (c)(2) shall be available in any prosecution that involves child pornography as described in section 2256 (8)(C). A defendant may not assert an affirmative defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) unless, within the time provided for filing pretrial motions or at such time prior to trial as the judge may direct, but in no event later than 10 days before the commencement of the trial, the defendant provides the court and the United States with notice of the intent to assert such defense and the substance of any expert or other specialized testimony or evidence upon which the defendant intends to rely. If the defendant fails to comply with this subsection, the court shall, absent a finding of extraordinary circumstances that prevented timely compliance, prohibit the defendant from asserting such defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) or presenting any evidence for which the defendant has failed to provide proper and timely notice.

(d) Affirmative Defense. It shall be an affirmative defense to a charge of violating subsection (a)(5) that the defendant
(1) possessed less than three images of child pornography; and
(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof
(A) took reasonable steps to destroy each such image; or
(B) reported the matter to a law enforcement agency and afforded that agency access to each such image.

(e) Admissibility of Evidence. On motion of the government, in any prosecution under this chapter or section 1466A, except for good cause shown, the name, address, social security number, or other nonphysical identifying information, other than the age or approximate age, of any minor who is depicted in any child pornography shall not be admissible and may be redacted from any otherwise admissible evidence, and the jury shall be instructed, upon request of the United States, that it can draw no inference from the absence of such evidence in deciding whether the child pornography depicts an actual minor.

(f) Civil Remedies.
(1) In general. Any person aggrieved by reason of the conduct prohibited under subsection (a) or (b) or section 1466A may commence a civil action for the relief set forth in paragraph (2).
(2) Relief. In any action commenced in accordance with paragraph (1), the court may award appropriate relief, including
(A) temporary, preliminary, or permanent injunctive relief;
(B) compensatory and punitive damages; and
(C) the costs of the civil action and reasonable fees for attorneys and expert witnesses.

TEXAS STATUTES CHILD PORNOGRAPHY
The following are the state criminal laws against possession or distribution of child pornography, as stated in the Texas Penal Code. Note that under state law in Texas, the prohibitions include images of a child younger than eighteen (18) years of age. The following statutes are from Chapter 43, Texas Penal Code, specifically Section 43.26, Possession or Promotion of Child Pornography:

43.26. POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY.
(a) A person commits an offense if:

(1) the person knowingly or intentionally possesses
visual material that visually depicts a child younger than 18 years
of age at the time the image of the child was made who is engaging in
sexual conduct; and
(2) the person knows that the material depicts the
child as described by Subdivision (1).

(b) In this section:
(1) “Promote” has the meaning assigned by Section
43.25.
(2) “Sexual conduct” has the meaning assigned by
Section 43.25.
(3) “Visual material” means:
(A) any film, photograph, videotape, negative,
or slide or any photographic reproduction that contains or
incorporates in any manner any film, photograph, videotape,
negative, or slide; or
(B) any disk, diskette, or other physical medium
that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.

(c) The affirmative defenses provided by Section 43.25(f)
also apply to a prosecution under this section.
(d) An offense under Subsection (a) is a felony of the third
degree.
(e) A person commits an offense if:
(1) the person knowingly or intentionally promotes or
possesses with intent to promote material described by Subsection
(a)(1); and
(2) the person knows that the material depicts the
child as described by Subsection (a)(1).

(f) A person who possesses visual material that contains six
or more identical visual depictions of a child as described by
Subsection (a)(1) is presumed to possess the material with the
intent to promote the material.
(g) An offense under Subsection (e) is a felony of the second degree.

Neil Lemons represents Dallas-based criminal attorney John Teakell, who offers defense for possession & trafficking of child pornography as well as other sexual offenses. For more information, & a free consultation visit http://www.teakelllaw.com.

10 Mail & Wire Fraud Statute Facets

Fraudulent misrepresentations and schemes to defraud which use the United States mail to further that fraudulent conduct, can be prosecuted as mail fraud. Also, another commonly used federal law to prosecute misrepresentations and frauds is the statute known as “wire fraud.”

The United States Attorney Office will seek an Indictment (a charging document formally charging the person with a crime) for mail fraud when the prosecution believes it has evidence of any fraud scheme that uses the mail systems to make that fraud scheme function. There is no specific requirement for the type of fraudulent scheme that has to be alleged by the U.S. Attorney Office, only that there is some kind of fraud or misrepresentation wherein the U.S. mails or commercial carriers are used to mail an item related to the scheme, such as a check, a contract, an application for credit, property valuations, etc. Originally, the mail fraud statute required some type of use of the U.S. mail; now, the statute requires the use of either the U.S. mail or any mail carrier in an attempt to carry out the fraud.

The United States Attorney Office will also seek an Indictment alleging wire fraud when it believes that the evidence will support any type of scheme to defraud that uses interstate wire communications further the fraud scheme. Wire communications utilized by persons who were engaged in a scheme to defraud are often the following: wire transfers of monies to or from a financial institution; electronic mail (e-mail) communications; facsimile (FAX) transmissions; and radio or television communications.

The United States Code contains federal crimes that are prosecuted by the Department of Justice or its field offices, the United States Attorney Offices, in respective districts in the different states. Title 18, United States Code, Section 1341, is titled Frauds and Swindles, and it is commonly referred to as the mail fraud statute. Title 18, U.S. Code, Section 1341 reads as follows (in summary)…
MAIL FRAUD

Whoever
1) having devised, or intending to devise any scheme or artifice to defraud,
or
2) for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan
3) something of value or some item and
4) places in any post office or authorized depository for mail matter
5) any item to be delivered by interstate carrier
shall be fined or imprisoned for not more than 20 years, or both.

WIRE FRAUD
The violation of wire fraud is also a commonly used criminal law used to prosecute people for committing fraud while using wire communications that travel interstate or internationally.

Under Title 18, United States Code, Section 1014, it is a federal crime to commit fraud using a wire communication that travels in interstate or foreign commerce. 18 U.S.C. 1343 reads as follows

Fraud by Wire, Radio or Television (Wire Fraud) -
Whoever
1) having devised, or intending to devise any scheme or artifice to defraud, or
2) for obtaining money or property by means of false or fraudulent pretenses, representations, or promises
3) transmits, or causes to be transmitted, by wire, radio or television communication in interstate or foreign commerce,
4) any writings, signs, signals, pictures, or sounds
5) for the purpose of executing the scheme or artifice
shall be or imprisoned for more than 20 years, or both.

Neil Lemons represents Dallas-based criminal attorney John Teakell, who offers defense for wire and mail fraud as well as other white collar offenses. For more information, visit http://www.teakelllaw.com.

Advantages of Commercial Lawsuit Loan - Business Lawsuit Funding

Business or commercial world is not a perfect one. There can be a dispute or controversy in day to day business transactions. Commercial transactions can give rise to commercial disputes. Every business dispute, however minor it may look like, has the potential to become an expensive lawsuit.

Commercial disputes often turn into litigation, and the victim party takes the help of an expert commercial litigation attorney and turn to the courts for resolution of the dispute.

Ideally you should hire an expert attorney on a contingency fee arrangement. So that, you do not have to pay your attorney unless you win or settle the case (however, a client may be charged for court costs and expenses). Contingency fee also provides a powerful motivation to the attorney to work diligently on the client case.

As you know commercial litigation takes long time to resolve & can be daunting. Litigation time can be worrisome for most of plaintiff business people. The stakes are high and future of your business may be uncertain. The financial, commercial and personal risk is always significant with the outcome, often making or breaking the plaintiff and his or her business.

Cash flow for plaintiffs involved in commercial lawsuit is critical to maintain and their financial stability is at great risk. Most of the times, expenses related to the litigation can drain the personal and business financial assets. Investors also pull away their financing because of the uncertainty of the outcome of your lawsuit. Your customers also do not take it kindly. In short, its effects are overwhelming.

Many plaintiffs businesses in this situation have no other choice but to accept a low settlement for a case that could be worth hundreds of thousands & millions.

But there is a silver lining in the dark clouds. Most of plaintiffs involved in commercial lawsuits do not realize they can get cash advance before their lawsuit case settles. This is called as commercial lawsuit funding and some times referred as commercial lawsuit loan, commercial legal finance, business litigation loan, and business lawsuit settlement cash advance. But these are not loans because the money does not have to be paid back unless the case is won or settled.

Commercial or business lawsuit funding or legal finance is non- recourse lawsuit loan or cash advance. It carries no risk because plaintiffs owe nothing if they lose the case. Lawsuit pre-settlement funding programs provide them with immediate cash to give them and their attorney time to negotiate a larger cash settlement!

Commercial lawsuit funding allows a plaintiff involved in a business or commercial lawsuit to leverage the expected settlement from his or her case to obtain the capital required now. The advantages of using commercial litigation funding are multifold.
Most important of these are:

1. When you apply for a commercial lawsuit funding or lawsuit loan from a reputed company, there is no application fee or any upfront fees involved. Also, if you are approved for funding, you are still not obligated to accept the advance.

2. It helps to maintain financial stability in cases where commercial lawsuit is impacting your firm cash flow.

3. Business lawsuit loan is based on the strength of lawsuit and how the plaintiff spends it, is unrestricted. You can use the funds:

(a) To pay down debt, maintain or invest in your business expansion,

(b) Use the cash advance for fixed and variable costs such as payroll and operating expenses. Funds can also be used to invest in the expansion of your business, which maintains the confidence of creditors, investors, and employees,

(c) Keep your personal finance and obligations in balance.

4. Commercial lawsuit loan is non-recourse so there is no risk involved. Plaintiff firm is liable for repayment only if they receive a settlement or they win at trial.

5. Amount available for commercial lawsuit funding is virtually limitless from $10,000 to well over $10 million on a single case.

Most of commercial lawsuit cases that can qualify for lawsuit funding include, but are not limited to:

a. Fraud
b. Breach of Contract or Contract disputes
c. Real-Estate disputes
d. Conversion
e. Copyright claims
f. Environmental Litigation
g. Patent or Copyright infringement & other Intellectual Property
h. Securities Fraud & Shareholder Litigation
i. Consumer Fraud litigation
j. Negligence
k. Civil Conspiracy etc.

A lot of plaintiffs businesses are being forced to settle their commercial lawsuits early, for way less than they deserve because they simply can not afford to wait any longer due to their financial limitations. But with the help of lawsuit loan or legal finance, they do not need to settle for less than their case is worth.

Paul Sherman is a Legal Funding Consultant.He offers free, professional, and independent advice to plaintiffs (incl. business owners) & Attorneys. To get
Lawsuit Loan & Structured settlement funding please visit http://www.easylawsuitfunding.com

20 Basic Facets to Money Laundering Law

“Money laundering” as it is commonly called, involves the transfer of monies that are a product of criminal activity - whether that activity is drug trafficking related or white collar crime related. Although there is a fairly broad definition of money laundering, the federal money laundering laws were enacted to attempt to take the profit out of criminal activity.

Congress has passed several laws over the years to prevent profits of criminal activity from being utilized, such as Currency Transaction Reports. The Anti-Money Laundering Statutes criminalizes the movement and use of profits/wealth created by criminal activity. See Title 18, United States Code, Sections 1956 and 1957.

Many people have concerns about these statutes, included the apparently broad application of these statutes, especially concerns about reaching into legitimate business activities. A common example of this concern is a scenario where an individual or business handles money with no knowledge of any criminal origin, which could result in prosecution for money laundering in federal court.

In summary, the government has to prove that a person knowingly made some transfer or transaction with monies that were proceeds of a specified unlawful activity. The two commonly used statutes in federal courts, 18, U.S.C., Sections 1956 and 1957, list the specified unlawful activities that are the basis for federal money laundering.

Key Aspects of the Money Laundering law num. 1956. Laundering of Monetary Instruments include:
(a)
(1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activities:
(A)
(i) with the intent to promote the carrying on of specified unlawful activity; or
(ii) with intent to engage in conduct constituting a violation of section 7201 or 7206 of the Internal Revenue Code of 1986; or
(B) knowing that the transaction is designed in whole or in part:
(i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or
(ii) to avoid a transaction reporting requirement under State or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than twenty years, or both.
(2) Whoever transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States.

Neil Lemons represents Dallas-based criminal attorney John Teakell, who offers defense for money laundering , and other white collar offenses.
For more information, visit http://www.teakelllaw.com.