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Recent Blog Posts
First Criminal Conviction for Spoofing May Increase Scrutiny for Other U.S. Businesses
In today’s technologically savvy world, fraud is more rampant than ever. Foreign “companies” promise products or services that they cannot deliver on. Unsuspecting Americans are pulled into counterfeit fraud. And companies are able to manipulate the markets in order to fool investors and increase their stock. This last offense — otherwise known as spoofing— has only recently seen its very first criminal conviction. As such, many U.S. businesses may be facing increased scrutiny in how they conduct business, making them more susceptible to accusations of fraudulent activity.
Spoofing and the Market
Manipulation of the stock market is not a new concept; companies, both small and large, have been trying to do it for years. For the most part, such actions were largely unsuccessful, but relatively new high-frequency trading tools have made spoofing much easier to do, and with less risk of detection. In fact, the government has had a hard time keeping up with the activity until recently, unsure of how to convict and prove such actions. However, the recent verdict indicates they may have found a way to start analyzing and criminally convicting businesses, in mass.
Personal Injury Cases: How Long Do You Have to File?
After an accident or injury, some individuals choose not to file a personal injury case. It may be that, initially, the accident or injury seems inconsequential, or it could be a simple case of not understanding one’s rights to seek compensation. Whatever the reason, it may eventually come to light that the implications are further reaching than initially realized and, in order to ensure proper care and medical treatment, the pursuit of a personal injury lawsuit may become essential. The real question is, can you still file?
Statute of Limitations
A statute of limitations provides would-be defendants in personal injury cases with a time limitation on how long they may be held liable. This statute varies greatly from state to state, ranging anywhere from one to six years. For example, North Dakota offers six years to automobile accident victims while only plaintiffs in Louisiana only have a year to file. Wisconsin’s statute of limitations is three years.
SAFE Act: Are Heavier Trucks Coming to Wisconsin Roadways
September of 2015 brought a new bill for Congress to contemplate regarding trucks on United States highways. Wisconsin Representative Reid Ribble introduced a bill to allow larger, heavier trucks on American roadways, called the Safe, Flexible, and Efficient (SAFE) Trucking Act (the SAFE Act). The SAFE Act is allegedly drafted in a manner that will increase highway productivity and decrease the amount of trucks on the road. The bill was drafted in response to a study conducted by the Department of Transportation earlier this year. That study, titled “Comprehensive Truck Size and Weight Limits Study,” was done under federal law requiring such studies be completed under the Moving Ahead for Progress in the 21st Century Act.
Bicycle Safety in Wisconsin
Under Wisconsin law, bicycles are considered vehicles on the roadways, meaning cyclists have an obligation to obey the rules of the road in the same way all vehicles do. They must also be treated as equal users of the road by other vehicles. Just because they are treated like vehicles, however, does not mean that cyclists are as safe as those riding in vehicles. In fact, bicycles are particularly vulnerable among road vehicles, evidenced by the fact that in 2013, In Wisconsin, one bicyclist was injured or killed every ten hours. There are several measures cyclists can take, however, to reduce the risk of crash, injury, or death.
Bicycle Accidents in Wisconsin by the Numbers
In 2013, there were 958 crashes involved bicyclists in Wisconsin, including 868 injuries and ten deaths. In almost every case where there is a crash between a bicycle and a motor vehicle, the cyclist is injured. Bicycles are not protected in the way other motor vehicles are, but there are several measures cyclists can take to reduce the risk of crash, injury, and death. Most bicycle crashes occur between the hours of 3:00 pm and 7:00 pm, after school and commuting home from work hours. It is very important to be extra-vigilant if cycling during those hours.
New Study Could Change How Touch DNA Is Used in Criminal Cases
Beginning in 1986, human DNA testing began to revolutionize the criminal justice system by providing law enforcement and the courts with far better identification evidence by which to prove either the innocence or guilt of a suspect. However, DNA evidence and matches are not infallible; and a recent study suggests that we must, once again, consider just how valid such evidence against an individual may be.
Touch DNA Sensitivity Today
DNA is found within every chromosome and cell of our bodies. It can also be transferred from skin to a surface; this is known as “touch DNA.” Pulled from everything from guns to doorknobs, touch DNA is one of the most widely used forms of DNA evidence in criminal investigations. Initially, large samples were needed for testing, but technology has advanced so much that now we only need a small trace. This has both pros and cons. On the positive side, we can detect the presence of human DNA much more easily. On the negative side — as highlighted by the recent stud y— sampling may actually pick up traces of DNA through second person transfer and the risk of contamination and false match is greater.
All It Takes Is a Handshake
Two graduate students from the University of Indianapolis recently paired up with the university’s director of Molecular Anthropology Laboratory to determine if they could pick up traces of touch DNA from someone that had never touched an item (secondary DNA). Subjects from the study were instructed to shake hands for two minutes. Then, one was asked to touch a test knife. The other subject never came into contact with the test knife.
In 85 percent of the samples, researchers were able to pick up traces of DNA from individuals who had never come into contact with the test knives. It was transferred during the handshake and was left behind by the handler. The implications of this is startling and disturbing, as innocent people could be charged with crimes based on an erroneous match
Changes in How Forensic Evidence Is Viewed
Forensic scientists still do not completely understand how DNA transfers from a person to an object. Secondary transfer may not be the same during brief contact, or when touching rough objects, or when dealing with certain materials. However, this new study and the potential for cross-contamination and false positives are bound to change how DNA is used in criminal cases. It may also be quite important for those who have already been convicted based on DNA matches and other types of forensic evidence. For further reading on the need to improve various types of forensic evidence analyses utilized by law enforcement, see the 2009 study by the National Academy of Sciences, “Strengthening Forensic Science in the United States: A Path Forward.”
Facing Criminal Charges? You Need Knowledgeable and Aggressive Legal Help
When facing an investigation or criminal charges, you need an attorney that is willing to carefully examine the evidence to prepare a solid defense case. When dealing with forensic evidence like DNA, you need experienced defense counsel, who are knowledgeable both in the law and the science. Our team is comprised of highly-skilled litigators, some of whom have worked on the police force, as criminal prosecutors, justice department investigators and have science backgrounds. Schedule your consultation with one of our knowledgeable and experienced Milwaukee criminal defense attorneys by calling 414-271-1440 today.
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White Collar Crimes: Aggressive Prosecution of Executives Creating a Concerning Justice Trend
If you thought working your way up the corporate ladder to a top executive position was difficult enough, you also need to be aware of the need to avoid criminal prosecution. “Stung by years of criticism that it has coddled Wall Street criminals”, the Justice Department issued new policies in the Fall of 2015 that prioritize the prosecution of individual employees — not just their companies — and “puts pressure on corporations to turn over evidence against their executives.” Currently, there are an estimated 4,500 federal criminal statutes and 300,000 administrative regulations that could lead to criminal charges for company executives and professionals, and the list of white collar and regulatory crimes keeps growing. Equally concerning is how, under some of these statutes, an executive may be charged with a crime she or he did not personally commit and was not even aware of.
Preparing for Wisconsin Winter Driving
Traffic accidents occur for a number of reasons. Distracted driving, impaired driving, and violation of traffic laws typically top the list of most common causes of accidents. Last year, the Wisconsin Department of Transportation reported nearly 120,000 motor vehicle crasheswith approximately 21,000 of them being speed-related and approximately 5,000 being alcohol-related.
However, there are other factors that affect drivers’ safety on the road such as weather conditions. It is not uncommon for Milwaukee drivers to experience harsh winter weather including cumulative snowfall of more than 60 inches per year.
Those native to Wisconsin may already be aware of what to do to winterize their vehicles, but it is important to keep these winter tips in mind to ensure safer driving during the colder months:
Uber Driver Liability in Personal Injury Cases
Over the last few years, the driving service, Uber, has grown tremendously. The number of new drivers has practically doubled every six months, and on any given day, at least 150,000 drivers log trips in the company’s system. In many ways, it has had a positive impact on America by reducing the number of drunk drivers on the road while providing average people with an easy way to make extra cash. Yet, despite its benefits, this rapidly growing business continues to spark some pretty serious questions regarding liability and personal injury.
Assaults on Drivers
Afraid that they may be at risk because of intoxicated or violent passengers, many Uber drivers have begun to record their trips, not just to reduce their own risk of complaints from riders, but to ensure they have evidence if they are assaulted. In one recent case, a California Uber driver claims to have been assaulted by a former Taco Bell employee.
Wisconsin Interstate Accident Rates Increase with Speed Limit
Across the United States, speed limits on national interstates have been increasing. Wisconsin — the last upper Midwest state to up the maximum speed limit to 70 miles per hour — began to implement their increases back in mid-June. Over a four month period, there have been five more vehicle accident fatalities than there were over the same time period last year, and each month the accident rate was nearly 13% higher than the previous year. Officials are concerned about the implications, especially since we are now headed into colder months with potentially poorer driving conditions.
Reason for the Uptick in Accidents Unknown
Although it is easy to blame the increase in the number of accidents on the new speed limit, officials admit that they do not know the real reason behind it. It could be that drivers are still adjusting to the increased speed limit, or that some drivers may still be traveling at slower speeds and inadvertently creating more risk for an accident. There is also the possibility that other factors, such as distracted driving, have a role in the increase in accidents.
Smartphones Suspected in Massive Spike of Motor Vehicle Fatalities
Experts believe that the recent spike in motor vehicle accidents and fatalities goes beyond what would be reasonable if it were simply a matter of more drivers on the road; they say smartphones may be largely responsible.
Road Fatalities More than Double the Expected Increase
According to preliminary government statistics, national motor vehicle death rates rose to 16,225 from January 2015 to June 2015. Experts from the National Highway Traffic Safety Administration say this is more than double the increase expected from the variables of falling gas prices and a growing, improving economy. It is also the biggest six-month jump in reported traffic deaths since 1977.
Officials Examining Possible Causes
While officials say it is too early to identify the true causes behind the spike in motor vehicle fatalities, they are investigating some possibilities. For example, they say that teen drivers (and other risky drivers) may be on the road more often because of lower gas prices, which could be at least partially responsible for the increase in fatalities. But distracted driving — or the use of electronics devices such as smartphones — is the most suspected cause.
