Tag Archives: Damages.

The Wall Street Fraud Watchdog Launches Investigations Into Auction Rate Securities Damages, Stock Broker Churning & Mutual Fund Negligence


Washington, DC (PRWEB) February 2, 2009

For nearly a year Americas Watchdog’s Wall Street Fraud Watchdog has been waging a battle in behalf of cheated and defrauded auction rate securities victims. While there have been some settlements announced, there are still numerous banks, stock brokerage firms, and others who sold auction rate securities to innocent investors that have yet to agree to any refund. Because auction rate securities involved fraud on the part of the biggest sellers the Wall Street Fraud Watchdog is also demanding that all auction rate securities investors classified as “institutional investors” be given a refund also.

As the Wall Street Fraud Watchdog has continued its battle for duped auction rate securities investors the group has been deluged with calls from the adult children of US senior citizens who feel like their parent/relative has had their stock account churned by a US stock broker or bank investment advisor. At the same time the group receives daily calls from gigantic losses in 401-K retirement accounts made up of supposedly safe US Mutual Funds. So today the Wall Street Fraud Watchdog is launching three different initiatives, focused on Wall Street fraud, stock broker/bank investment advisor abuse or fraud, and US Mutual Fund negligence; as follows:

Auction Rate Securities:

On February 14, 2008, the supposed auction rate securities market collapsed, leaving 145,000 individuals, plus countless institutional customers wondering if they had lost their life savings, or a significant investment. As it turned out, the auction rate securities market was basically a giant Ponzi scheme. It has come to light that the auction rate securities markets were suffering failures, as far back as the summer of 2007. By infusing money into the auctions, US banks and investment bankers made it appear that the auctions were safe, or sound. According to the Wall Street Fraud watchdog, “this is fraud 101, you had intent, the major banks and major investment bankers concealed the truth from both retail & institutional investors, and there needs to be indictments for those involved.” The Wall Street Fraud Watchdog is also requesting that the New York, Massachusetts & Missouri State Attorney Generals give investors who purchased auction rate securities through Wells Fargo, Openheimer, E-Trade and Raymond James an update as to the status of possible recoveries, from these banks, or stock brokerage firms. Victims of the auction rate securities who have suffered business losses, legal fees or other costs may be entitled to “consequential damages”, according to FINRA. For more information, auction rate securities victims can call the Wall Street Fraud Watchdog anytime at 866-714-6466 or contact them via their web site at http://WallStreetFraudWatchdog.com.

Stock Churning:

The Wall Street Fraud Watchdog is encouraging the adult children or relatives of all US senior citizens to check their stock brokerage, or bank investment advisory services statements, for suspicious trading activity, or high volumes of stock market trades, that do not make sense. The Wall Street Fraud Watchdog is concerned that tens of thousands of US senior citizens had their stock market accounts churned by unscrupulous stock brokers or bank investment advisors in order to get commissions on the trade in 2008. As a result of this, the Wall Street Fraud Watchdog believes that tens of thousands of US senior citizens may have been fleeced out of a large portion of their life savings, or retirement accounts. If an adult child of a US senior citizen believes their parent has been a victim of stock churning on the part of a US stock broker, or bank investment advisor, please call the Wall Street Fraud Watchdog anytime at 866-714-6466, or contact them via their web site at http://WallStreetFraudWatchdog.com

US Mutual Fund Negligence:

To say that most US Mutual Funds have been negligent in the handling of US Mutual Funds, is an all time understatement, according to the Wall Street Fraud Watchdog. Millions of US citizens have seen their life saving vaporize in US Mutual Funds, in the last two years. Was it rocket science to know that share prices in US banks, investment bankers, retailers, homebuilders, machinery manufacturers, auto companies, and other sectors would all plummet, as a result the US real estate implosion? According to the Wall Street Fraud Watchdog, “so what did mutual fund managers do? Watch or stand by as the stock went to zero?” According to the group, “There needs to be accountability on the part of US Mutual Fund Managers, and there needs to be class actions, or lawsuits for this extreme negligence.” If you are a victim of a significant Mutual Fund loss please feel free to contact the Wall Street Fraud Watchdog anytime at 866-714-6466 or visit their web site at http://WallStreetFraudWatchdog.com.

The Wall Street Fraud Watchdog is all about investor protection and Wall Street integrity. For more information cheated US, or International Investors can contact the Wall Street Fraud Watchdog anytime, at 866-714-6466 or visit their web site at http://WallStreetFraudWatchdog.com.

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New York Nursing Home Faces Punitive Damages for Elder Abuse – Attorney Paul Dansker Addresses Nursing Home Patients Rights

New York (PRWEB) January 20, 2010

The New York Post recently reported that in December 2009, a Brooklyn nursing home was found guilty of negligence in the case of a patient who developed numerous bedsores while under the homes care. The jury awarded the patients family close to $ 4 million for pain and suffering, plus an additional $ 15 million as punishment for trying to cover up the poor patient care. This case is the first to charge a nursing home with punitive damages.

Sadly, this example of nursing home neglect is not the only one. Elder abuse is prevalent in nursing homes around the country, and with serious consequences for patients. Older adults who are victims of elder abuse are more than twice as likely to die prematurely as are adults who are treated properly, according to a study published in the August 5, 2009 issue of the Journal of the American Medical Association.

The National Center on Elder Abuse defines institutional elder abuse as any of several forms of maltreatment of an older person by someone who has a special relationship with the elder (a spouse, a sibling, a child, a friend, or a caregiver) that occur in residential facilities for older persons, including nursing homes. Its website, http://www.ncea.aoa.gov, explains that perpetrators of institutional abuse usually are persons who have a legal or contractual obligation to provide elder victims with care and protection (e.g., paid caregivers, staff, professionals).

Looking exclusively at falls, the Centers for Disease Control and Prevention noted that an average nursing home with 100 beds reports 100 to 200 falls each year, representing up to 75 percent of residents. Many falls were caused by environmental hazards like wet floors, poor lighting, incorrect bed height and improper wheelchair use.

A November 2009 report from the University of California, San Francisco, stated that 26 percent of the nations nursing facilities were cited in 2008 for poor quality of care, 44 percent of nursing homes failed to ensure a safe environment for residents, 36 percent had food sanitation regulations violations and 33 percent of facilities received deficiencies for failure to meet quality standards.

Paul Dansker, Esq., is a New York City-based personal injury attorney who has represented families of elder abuse victims. Mistreatment can take many different forms, including physical, emotional, psychological or sexual abuse; neglect; withholding food and water; or denying visits from family and friends. Many older adults and their families may not even be aware that laws exist to prevent this type of harm, Dansker said.

Family members and friends of nursing home residents must be vigilant in looking for signs of possible abuse or neglect, advised Dansker. These can include personality changes, depression, anxiety, unexplained or unusual bruises and injuries, rapid weight loss, poor grooming, and potentially unsafe conditions.

Dansker recommends that families of individuals in nursing homes keep a personal record of possible mistreatment, including specifics on dates, times, and caretakers in charge.

Careful documentation of possible neglect or abuse will be necessary in the event that a family member decides to file a complaint or lawsuit, he said. Dansker also added that a family should seek out the assistance from local and state adult protective services or long-term care agencies who can advise on appropriate steps to take.

For state-specific elder abuse prevention information and resources, visit http://www.ncea.aoa.gov/NCEAroot/Main_Site/Find_Help/State_Resources.aspx.

Dansker & Aspromonte Associates is located at 30 Vesey Street, 16th Floor, New York, NY 10007. For more information, call (212) 732-2929 or visit http://www.dandalaw.com.

About Dansker & Aspromonte Associates: Dansker & Aspromonte Associates is a New York personal injury law firm specializing in serious brain injuries; medical malpractice, motor vehicle accidents, falls, construction accidents, municipal liability, injuries to children and more. The firm has represented thousands of clients and obtained hundreds of millions of dollars for them over the last 30 years.

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Court of Appeal Affirms Orange County Jury Finding Cps Liable to Mother for $ 4.9 Million in Damages.

San Diego, CA (PRWEB) June 17, 2010

Case No. 01CC02379 (Trial before Hon. Ronald L. Bauer, Dept. CX103)

California Court of Appeals, Fourth District, Division Three, Case No. G039045

On March 23, 2007, the Orange County Social Services Agency and two of its Social Workers, Marcie Vreeken and Helen Dwojak were found liable for violating the parental rights of Deanna Fogarty-Hardwick, as guaranteed under the Fourth and Fourteenth Amendments to the United States Constitution. The jury found in favor of Ms. Fogarty-Hardwick and awarded $ 4.9 million in economic and non-economic damages, and approximately $ 6,000 in punitive damages against the individual social workers.

At trial, Ms. Fogarty-Hardwick demonstrated that social workers Marcie Vreeken and Helen Dwojak caused Ms. Fogarty-Hardwick’s children to be removed from her custody without cause, and continued to detain them without cause, violating Ms. Fogarty-Harwick’s Constitutional right to familial association. Ms. Fogarty-Hardwick demonstrated that these defendants, while working as social workers for Orange County Social Services, intentionally fabricated evidence to obtain a court order to detain Ms. Fogarty-Hardwick’s two young daughters on February 17, 2000. Ms. Fogarty-Hardwick also demonstrated that Orange County Social Services, Marcie Vreeken and Helen Dwojak maliciously failed to provide the court with exculpatory information, and filed false reports in furtherance of the effort to keep Ms. Fogarty-Hardwick separated from her children.

The lawsuit also alleged that the policies, practices, or procedures employed by Orange County Social Services and the County of Orange in the removal of Plaintiff’s children from her care also violated Ms. Fogarty-Harwick’s constitutional rights, under the Fourth and Fourteenth Amendments to the United States Constitution. The unlawful policies, practices or procedures pertained to the detention of children without a finding of imminent danger or serious physical injury; interviewing children without a parent present; continuing detention after learning there was no basis to do so; using trickery and fabricated evidence; and failing to adequately train employees regarding the Constitutional rights of parents.

In addition to the jurys verdict, the trial court also awarded attorneys fees of $ 1,653,284.95.

The defendants Orange County, Marcie Vreeken and Helen Dwojak, all appealed the jury verdict, the courts decision, and the attorney fee award. On June 14, 2010, after in depth review of extensive briefs and a complex record, Division Three of the Fourth District Court of Appeal for the State of California issued its opinion affirming the Orange County jurys verdict awarding Deanna Fogarty-Hardwick approximately $ 4.9 million against the County of Orange, and two of its social workers, and affirming the trial court decision awarding attorneys fees.

In its opinion, the Court of Appeal voiced its concerns over what happened to Ms. Fogarty-Hardwick: Stated plainly, the outcome of this case cannot be dismissed as merely the unfortunate product of a runaway jury. The evidence adduced at trial obviously caused both the jury and the judge to conclude not only that something seriously wrong was done to Fogarty-Hardwick in this case, but also that the wrongful conduct was not an isolated incident. That conclusion is something the County should be taking very seriously.

San Diego Lawyer Shawn A. McMillan, of the Law Offices of Shawn A. McMillan, was lead counsel in the case, both at trial and on appeal. Attorney Sondra S. Sutherland was co-counsel. The Law Offices of Donnie R. Cox (Dennis Atchley an Donnie R. Cox) assisted with the appeal.

For additional information, contact:

Shawn A. McMillan, Esq.

THE LAW OFFICES OF SHAWN A. McMILLAN, A.P.C.

4955 Via Lapiz

San Diego, California 92122

Telephone: (858) 646-0069

Facsimile: (206) 600-4582

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