Rampant types of fraud in small businesses

If you are a business owner, it’s important to know how fraud works in order to avoid huge losses. Fraud can be perpetrated by your very own business partners, employees, or even customers. Recognizing rampant types of fraud is needed to keep you one step ahead in business. Here are the top fraud cases seen in small businesses.

Identity theft Identity theft is not limited to an individual. It can also involve businesses as well. A criminal with access to your financial statements, bank statements, or your tax identification numbers can pretend to be someone from your office and access your credit information. Another way fraudsters can commit identity theft is by using the bank account number and routing number if an employee loses their paycheck.

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Payroll fraud Payroll fraud occurs in many ways but they are basically abuses that manipulate or cheat the current payroll system. For instance, an employee can ask for a payroll advance without paying the company back. Another very common examples are for employees to ask their co-workers to punch in their time sheets for them, and ghost employees. For ghost employees, a fake identity is put in the payroll. The earnings of the fake identity is then collected by the criminal.

Money fraud In fast moving businesses like stores or restaurants, it’s difficult to discern counterfeit money from real money. The most commonly duplicated bill is the $100. Know that if you accept any form of counterfeit money, the revenue from the sale will be void.

Joe Tacopina is a defense lawyer who is the founder and Managing Partner at Tacopina & Seigel, which offers a full range of legal services. At 49, Mr. Tacopina has more than 100 cases to verdict under his belt, earning the recognition as one of the top criminal defense lawyers in New York. For more reads about the law, visit this website.

Getting pulled over: Know your rights

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A lot of people panic when they are pulled over by law enforcement.  Even if they are innocent, the fact that they got pulled over gives them a reason to think otherwise.  Not knowing how to handle such situations can easily make things worse for drivers. To prevent your rights from being abused during routine stops, here are some facts you need to know about your rights when getting pulled over.

If a police car signals you to pull over, obey promptly.  Turn your turn signal on and slowly come to a stop at the shoulder of the road.  Once your car is parked, roll down your windows, turn off your radio, and wait for the officer.

Before anything else, a driver has every right to know why they had been pulled over.  This is called probable cause.  Without probable cause, officers have no right to pull over any vehicle.  This can include anything from a busted tail light to speeding, or if you or your car matches a description reported on the police dispatch.

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Prepare the necessary documents routinely asked by policemen during stops.  This includes your driver’s license, registration, proof of insurance, or proof of ownership.  If an officer asks for any of these documents, ask for permission to reach for them wherever they are.

When the officer asks you to step out of the car, know that they do this for their own safety.  Also know that you can refuse to do so, but this can result in the escalation of the problem.  You should also refuse to give an officer consent to search your car.

Founder and Managing Partner of the Manhattan-based Law Offices of Tacopina & Seigel,Joe Tacopina is a highly lauded defense lawyer and businessman. To learn more about the law, visit this blog. 

More Traits a Good Criminal Defense Attorney Should Have

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It’s not enough that a criminal defense lawyer has the educational background to justify his or her practice; it takes more than knowledge of the legal system to excel in criminal law. A standout criminal defense attorney ensures a fair trial. His or her extraordinary practice is manifested by mastery of various characteristics and attributes.

Firstly, a good criminal lawyer must display integrity. This begins with honesty and straight-forwardness to the client. In no situation should the client be left in the dark as the case progresses.

He or she should have impeccable negotiating skills, always working toward the best possible deal for the client. Unless the client is keen on pursuing the case, settlement should be the first option. A huge number of legal cases in the U.S. alone are settled out of court.

Aside from solid research skills on all aspects of common law, a good criminal lawyer must bring this knowledge to actual court proceedings. He or she must have the appropriate demeanor during trials and must remain unfazed by prosecutors and the judge.

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The skilled criminal defense attorney communicates his arguments well, has a sharp mind, can make quick decisions, and displays perseverance, exhausting any angle or avenue to defend and appeal for the client. Because, all in all, he or she truly cares for the client; he or she understands that even a simple guilty verdict with no jail time has big repercussions in the client’s career and private life.

New York-based lawyer Joe Tacopina was a prosecutor in the Kings County District Attorney’s Office, where he prevailed in 39 of 40 trials. He is the founder and Managing Partner of Tacopina & Seigel. More on Atty. Tacopina and his firm here.

What’s The Difference Between a Trial Lawyer And a Litigator?

A degree in law can get you to many places, including non-legal fields like business and management. Lawyers can even choose specializations in different sectors. They can become corporate lawyers, or be part of the criminal justice system as trial lawyers. However, certain cases call for distinguishing between trial lawyers and litigators.

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Litigators are usually employed by a company or a corporation as part of their litigation department. They do not take part in trials and thus have no experience in delivering arguments before a judge or a jury, and making opening or closing statements.

The job of litigators happens outside the courtroom. They gather evidence, file lawsuits, conduct research, and argue motions and defend clients. Their main goal is to have an out of court settlement or to prepare their clients and their witnesses if ever the case does go to court.

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Trial lawyers present a case in front of a judge and jury. They interview witnesses in the stand, argue the legal standpoint of their client, and present evidence in front of a jury. Some would say that good trial lawyers have a flair for debate and public presentation.

Founder and Managing Partner of Tacopina & Seigel Joe Tacopina has received praise from peers and the media as a premier trial attorney. He graduated from the Quinnipiac University School of Law in 1991 and obtained his license in 1992. For more articles on law, visit this website.

What Happens When Arresting Officers Don’t Read The Miranda Rights?

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A police officer reading a suspect their Miranda rights is a familiar scene in TV shows or movies. In crime shows, things get complicated for the boys in blue if it was proven that the arresting officer didn’t read the suspect their Miranda rights. Is it always that simple? What does happen when an arresting officer doesn’t read the Miranda rights?

One of the biggest components of the Miranda rights is to let suspects know their right to remain silent in conjunction with the Fifth Amendment wherein suspects cannot be legally compelled to incriminate themselves and that the refusal to answer is not tantamount to an admission of guilt. In addition, the Miranda Rights only protect suspects from what they say, not their actions.

However, there are situations where police officers may not read a suspect their Miranda rights as in the case of certain emergencies. The police may also skip reading you your rights if they have no plans on interrogating you.

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Although police officers may not have read them their Miranda rights upon arrest, they have to read them their rights before suspects are interrogated. It is imperative that they know that anything they say can and will be used against them in a court of law. Thus, the right to remain silent. It is also paramount that suspects know that they have the right to have an attorney and that one will be relegated to them if they currently do not have one.

Joe Tacopina, the founder and Managing Partner of Tacopina & Seigel, specializes in criminal, civil, and securities litigation. Mr. Tacopina is an attorney who has positioned himself well as a committed legal professional and an accomplished leader. To learn more about the law, visit this blog.

The role and duty of the civil litigation lawyer

Also known as a trial attorney, a civil litigation lawyer represents both plaintiffs and defendants in civil cases. Civil lawyers handle non-criminal litigation, as opposed to criminal lawyers who work on criminal charges. 

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Civil litigation lawyers manage all the stages of the litigation process. These steps are the initial case assessment, pleadings, discovery, pre-trial, trial, settlement, and appeal. Most civil litigation lawyers work for long hours, especially during the discovery phase of a case. In fact, according to statistics from the Bureau of Labor Statistics, about 37 percent of civil litigation attorneys work 50 hours or longer per week. 

The tasks they take vary, depending on the attorneys’ level of experience, the nature of the dispute, and whether they are representing the plaintiff or the defendant. However, before the lawsuit is formally filed, litigation lawyers often discuss the possibilities of pre-litigation settlement to resolve the matter without even reaching the court. 

Both the preparation of pertinent paperwork and engaging in legwork are the civil litigation lawyer’s job. Whether it’s still the preparatory investigation stage, in the drafting of pleadings, or the meticulous needs of the discovery phase. 

Usually, the longest phase of the litigation process is the discovery, as it requires a thorough search and collation of all relevant testimonies and evidence. The civil litigation attorney must closely examine these data as well as conduct various interviews of witnesses. 

During the trial proper, the litigation lawyer works closely with the client and experts to identify the case’s strengths and weaknesses, deliver convincing arguments and argue any trial motion. If the verdict does not favor the client, he or she can appeal the case and work with post-trial motions.

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Joe Tacopina is the founder and Managing Partner of Tacopina & Seigel. Having tried more than 80 cases by the age of 42, Mr. Tacopina earned praises from the media calling him 'the hottest young criminal defense lawyer.' For similar reads, visit this blog.

Criminal Law Basics: Differentiating Misdemeanor and Felony

Criminal offenses can be classified as a misdemeanor or felony. For the layman, the line between misdemeanor and felony can be blurred. However, these two terms differ when it comes to the procedure, penalty, and length of imprisonment.

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Misdemeanor means "minor wrongdoing." When a person is charged with crimes such as petty theft, prostitution, public intoxication, assault, and reckless driving, they can be fined. For some cases, the jail time can last up to a year at a local or county jail. However, regarding the severity of the situation, a misdemeanor can become a felony with the recommendation of a District Attorney.

On the other hand, a felony pertains to the most serious types of crime. Homicide, sexual assault, arson, murder, and embezzlement can be considered a "high crime." Unlike misdemeanors or “petty offenses,” an individual charged with a felony will be jailed at a state or federal correctional institution. The accused has a right to get an attorney and has to undergo a jury trial. When proven guilty, a person is subject to a prison term for more than a year according to the context and severity of the crime. In some states, the convicted criminals may be subject to the death penalty.

A misdemeanor will appear on a person's criminal file which might affect employment or academic opportunities. As for a felony, a convicted criminal after serving jail time will no longer be authorized to purchase firearms or take on careers in law, education, or the military.

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Joe Tacopina is the founder and Managing Partner of Tacopina & Seigel and the President, Chairman, and Board Member of Venezia. Visit this website for more information about Mr. Tacopina.