Tag Archives: fraud

Federal Agents Indicted in Immigration Scams

Seeking immigration or legal advice sometimes comes with the risk that the person you are talking to is committing fraud.

The most public cases of these frauds are known as “Notario Fraud” or “Immigration Consultants Fraud.”  Notarios or immigration consultants use false advertising and fraudulent contracts.  They hold themselves as qualified to help immigrants to obtain lawful status or perform other legal functions.  (You can read more about Fight Notario Fraud at the ABA).

Now, federal agents were indicted in an immigration fraud scheme led by a L.A. attorney.  The indictment alleges two conspiracies against the US involving bribery and fraud, seven counts of bribery, as well as making false statements and misuse of government seals.

The U.S. Attorney stated in a statement,

The conspiracy was allegedly orchestrated by a Los Angeles attorney who paid bribes as high as $10,000 to officials with several agencies in the Department of Homeland Security to help secure immigration benefits for aliens he was representing.

The indictment claims alleged that Kwan Man “John” Lee bribed public officials to get immigration benefits for clients who paid him, at times, more than $50,000.  Lee was charged in a previous criminal complaint and is not a defendant in the indictment.

via Courthouse News Service.

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Filed under civil rights, immigration, regulations

Online Retailer and Personal Information

If you have bought anything online, you are aware that the online retailer keeps information that you provide.  For example, your name, your credit card, your address, your phone number.  The question decided in California regarded the anti fraud statute.  Can online retailers require you to provide this information?

The California Supreme Court held in Apple Inc. v. Superior Court of Los Angeles County, et al., (Feb 4, 2013) that Apple could require personal information from customers who make downloadable purchases on iTunes.

The plaintiffs alleged Apple violated the Song-Beverly Credit Card Act, section 1747.08(d), by requiring this information from customers.

The California Supreme Court rejected this claim because:

Unlike a brick-and-mortar retailer, an online retailer cannot visually inspect the credit card, the signature on the back of the card, or the customer’s photo identification.

Thus, section 1747.08(d) – the key anti fraud mechanism in the statutory scheme – has no practical application to online transactions involving electronically downloadable products.  We cannot conclude that if the Legislature in 1990 had been prescient enough to anticipate online transactions involving electronically downloadable products, it would have intended section 1747.08(a)’s prohibitions to apply to such transactions despite the unavailability of section 1747.08(d)’s safeguards.

 

via Courthouse News Service.

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Filed under civil rights, legal decision, Privacy Rights

Proposed “Cloud Computing Act of 2012”

Sen. Amy Klobuchar has introduced a new bill, the “Cloud Computing Act of 2012” (S.3569), that purports to “improve the enforcement of criminal and civil law with respect to cloud computing.”

The Cloud Computing Act seeks to amend 18 USC 1030 by purporting:

  • It is a separate offense to have unauthorized access (including exceeding the authorized access) to a cloud computing account, or even conspiring to have unauthorized access.
  • Defining “cloud computing account” as “information stored on a cloud computing service that requires a password or similar information to access and is attributable to an individual”
  • Defining “cloud computing service” as a service that “enables convenient, on-demand network access to a shared pool of configurable computing resources (including networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or interaction by the provider of the service.”
  • The losses are (1) the value of the loss of use, information, or aggregated loss to 1 or more persons; or (2) the product obtained by multiplying the number of cloud computing accounts accessed by $500.”

As a reminder, 18 USC 1030, a person who acts or conspires to act in violation of the Act is to be

  • (1) fined or imprisoned for not more than 10 years or both, when the conviction does not occur after another offense under the section; or
  • (2) fined or imprisoned for not more than 20 years or both, when the conviction occurs after another offense

 

The problems with this proposed bill are alarming due to the vagueness of the definitions.  In employment, I can see this Act (if it goes through) being used against employees.

For example, say if your authorized access is limited to “work” use.  If an employee uses the computer network to go to a social network, how would this pan out?  The employee, in this case, uses a password to get into the network of the employer.

Or say that authorized access is limited to using email for work purposes only.  What if the employee sends a personal email or an email to an attorney using the work email?  The email account is, after all, protected by a password and it is in the alleged protected network of the employer.

Or say that authorized access is limited to accessing the email at work.  Yet, the employee and other employees, and say even management, use their smartphones to keep up with work.

I can see potential issues in employment law, where the situation does not arise out of the purported intent of the Act.  None of these cases involve a person getting into a network or service to steal information.  None of these cases involve a disgruntled employee accessing information they are not supposed to have access to.

It is my guess that if the Act gets through, there will be a need for a lot of updates on employee policies, manuals, and trainings.

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Filed under Pending Legislation, technology

New Podcast: Immigration Fraud and DACA

The Immigrant Legal Resource Center released a very informative podcast regarding Deferred Action for Childhood Arrivals.  The idea of the podcast is to provide information to prevent Fraud.

The podcast answers common questions such as:

  • Why should DACA applicants worry about fraud?
  • What is immigration fraud?
  • Where should I go to get true information about DACA?
  • How should I go about getting legal advice?
  • What can happen to me if I go to the wrong person?

There are several valuable tips and resources mentioned in this recording, so please take a few minutes to listen and share it with your family and friends.

You can listen to the Podcast here.

via New Podcast: Immigration Fraud and DACA | Immigrant Legal Resource Center – ILRC.

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Filed under civil rights, immigration