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Types of Theft

From a young age, most people are told that stealing is wrong and can come with very heavy consequences. We are repeatedly told that we cannot take something that does not belong to us unless we have very clear permission to do so. Thus, people tend to have a good understanding of what is meant by the term “theft,” both in its everyday use and when it is used in courts of law. There are special terms that are used to define theft under specific circumstances, though. While many of these terms are widely used and understood, the details that separate the different classifications can be less clear.

Shoplifting is possibly the most common type of theft charge seen by courts, and also the first type that comes to mind when a person thinks of goods being stolen. It is defined as the stealing of goods from a retail establishment, from a department store in a shopping mall to a small grocery or convenience store. The consequences of being found guilty of shoplifting will depend largely on the value of the good stolen.

Robbery is the term used to describe theft accomplished through the use of violence, threat of violence, or use of other intimidation tactics. Robbery can run the gamut from a quick mugging to a detailed, violent, large-scale bank robbery. The sentence accompanying a guilty verdict in a robbery case will likely be more severe than another theft case dealing with similar values of goods, as threats or assault are often present, as well.

Where robbery is theft through violence, fraud is generally considered theft through deception (though there are types of fraud that do not necessarily involve theft). Common forms of fraud include identity theft, forgery, and bait and switch schemes. When an instance of fraud is defined by a individual or group’s gain through the appropriation of money or other assets they have been trusted to protect, it is known as embezzlement.

Burglary is a blanket term applied to instances where theft is accompanied by trespassing. Home invasion break-ins, stealing goods from closed stores, or taking property out of a parked car are all forms of burglary.

In many states, these sorts of theft charges may be further broken down into the categories of “petty theft” or “grand theft,” depending on the value of goods or assets stolen. The dollar amount where the line is drawn depends on the state.

For more information about theft charges, visit the website of Appleton criminal defense attorneys Kohler, Hart, & Priebe, LLC.

Laws Protecting Elder Financial Fraud Must Come With Stiff Penalties To Do Any Good

Everybody is worried about cyber attacks, identity theft, and hackers when it comes to their personal finances. Many senior citizens are so afraid that they will not do online banking, and they don’t even want to file their tax returns over the Internet. The IRS prefers online filing because they would rather have everything in a digital format, who can blame them, it cuts down on their administration costs, and it keeps everything very simple. That is of course until something goes wrong, something like identity theft and financial fraud.

Don’t think it can’t happen, it happens all the time. For instance, there was an interesting article in the Boston Business Journal on January 14, 2013 titled; “Citizens Bank teller could do 30 years for embezzling from elderly victims,” where a teller reportedly stole some $375,000 from three elderly bank customers. What is so unfortunate is that this is far too common a problem. What usually occurs is there is basically an inside job. The teller collects the information from the senior citizen when they make a deposit; their signature, bank account number, and all their information. They may even know how often they make deposits and withdrawals. They also know how much money is in the account.

Next, the bank teller slips this information to a friend who then carries out the fraud or identity theft by coming into the bank, cashing a large check, or creating a fake check or using information from the senior citizen’s online banking or ATM pin code. It often happens that seniors may not even know they’ve been ripped off for many months. This makes it even harder to catch the thieves because by the time the bank finds out or someone doing the accounting or tax return for the senior citizen notices something is missing, it is months after the fact.

By then the thieves are long gone, along with all of the elderly person’s money. Luckily, we have stiff penalties for those who would rip-off senior citizens, and that’s a good thing. Of course, this is only one way that seniors are ripped off every day, many of the other ways involve much more elaborate schemes, and some of those take years for anyone to ever catch. If you know of someone who may have been ripped off, someone who is a senior citizen, there are all sorts of local, regional, and federal authorities you can contact. It’s up to all of us to look out for our senior citizens.

Embezzlement – Its Occurrence and How to Clear Them With Help of Attorneys?

Embezzlement is fraudulent act where one tries to own illegally the property and assets of another person. This is a form of white collared crime and takes place mainly in the work surroundings. Over the years there are many companies and people who have found themselves affected by embezzlement. In many cases the person who is handling bulk amounts of money on a daily basis seems to have some shortage of money, which is improperly used or stolen. If this scenario exceeds then the person’s reputation would be badly hit and this mainly implies to business owners.

Understanding embezzlement:

This is a simple process to understand and occurs when a person steals the funds and property of the other person or organization and in turn passes the remaining amount as the only one received. To be more specific the people who steal small amounts of money which gets unnoticed by company or personal come under this act. Generally the person involved does it for a prolonged period.

This act is punishable by law and its severity depends on the crime’s intensity. Some of the factors involving this are:

• The extent at which money or property underwent embezzlement.

• Harm caused to person due to embezzlement.

What to do if you are a victim?

If you have noticed that the money laundered in your company then you must immediately tell your superior. If you find out that your superior is the main culprit behind this, then seek for the one who is higher than the superior.

In case of business owners contact an Attorney so that the proper investigation takes place in this issue and further proceeded according to law. Even if you are not sure whether embezzlement has taken place or not then attorneys help you to bring in a clear picture. It is better to have updating with this information so that you are not held responsible for unknowing or ignorant of whether the crime existed or not. In corporate world there is greater chance of embezzlement being shifted to you and the result being, you to suffer the unaffiliated crime. Seek the help of a professional Criminal Defense Attorney to help you bail out from this incident. It is important and necessary to hire an expert to resolve this issue, as this is a critical one involved which influence your emotional and professional goodness. The more quickly you conform these occurrences the better and the worst thing being not to take action.

Do Laws Apply to the Internet?

Last week, I was giving much thought to a Social Media topic that would do more than just fulfill an obligation to myself to publish a new post each week. Sure, I could share some useful tips for businesses looking to leverage the full power of Social Media Marketing. After all, most business executives are interested in learning how to increase sales revenue through the use of the latest and greatest online strategies and tactics. I also wonder how many business owners are fully aware of the irreparable damage they may be doing to our society by using Social Media, inappropriately and – in some ways – distastefully.

I ask corporate CEOs to carefully consider the following questions. If Twitter controlled the life support function for hospitalized people, should an insurance company manipulate its functions to put some terminal people out of their misery to reduce costs? If Facebook allowed your real estate company to put a family out of their home so that you could buy it cheap, would you ever exercise that option? If Social Media were a gun, would you point it at a stranger and pull the trigger if it benefited you in any way? These are valid questions for those allowing profit and loss statements to obscure matters of common decency.

You may be reviled by the shear mention of such thoughts, but apparently, there are a growing number of employers, who are willing to force strangers to open up their private lives for hiring consideration scrutiny. If you as a business leader are able to reconcile such an action; you probably think it is fine to invade a person’s right to privacy simply to satisfy one company’s curiosity about what he or she does during their own spare time. Are you saying that a business entity is entitled to own one’s personal life along with the work he or she provides during paid work hours? Exactly where does this right come from? It’s not in the Constitution.

Since When Did We Need to Invade Personal Privacy Rights to Consider Someone for a Job?

It used to be that employers carefully screened resumes, thoroughly interviewed candidates, and professionally conducted criminal background checks and drug screens to determine the suitability of job applicants for hire. Most trained human resources professionals also relied on their gut to determine who got hired and who did not. Is all this no longer enough to make an educated employee selection? Whatever happened to an employer’s right to discharge unsatisfactory employees during his or her initial period of employment, “At Will”? Is this not enough of a failsafe mechanism to insure and protect quality performance in the workplace? It has been such for many past decades. What has changed?

Yes, there are many individuals, who place their lives online for public view – without placing any viewing restrictions. This is a free choice that some people exercise. In these cases, employers are welcome to see what the user has deemed public information with no special permissions. However, no one really has the right (except – perhaps – for legal authorities) to see restricted information that is locked away from public scrutiny by password protection. No employer or anyone else has the right to make unlocking their personal information an absolute condition of employment.

Credit Scores Were Intended for Car Buying and Not Job Getting

What is going on in human resources these days? These are some of the same people that have also had the chutzpah to request credit checks on all those applying for jobs including even those not being considered for positions involving collection and disbursement of company funds. Credit checking used to be reserved for bondable employees, period. That made perfect sense to avoid embezzlement and company theft of funds. Checking everybody’s credit does not make any sense. Not when you consider that many unemployed people have fallen behind and must have a job in order to feed their families.

Here is the dilemma. We don’t place people in double jeopardy in the American court system, so why are we punishing people twice by denying them a living by making them unemployed and then keeping them from a new job offer because they are already the economic victims of unemployment? Some companies are placing recruiting ads that say “currently unemployed people need not apply.” This is all cruel and unusual punishment. What has inspired such a total lack of regard for our fellow Americans, just want to collect a fair wage for a fair day’s work? Why all these new hoops to jump through?

America is Fighting Back with a Loud and Strong “It is None of Your Business”

Fortunately, the American people are not sheep and are fighting back. California lawmakers have voted to block employers from using consumer credit reports when they are deciding whether to hire workers for most jobs. They have stopped the use of credit checks in hiring, except for managers, law enforcement, financial jobs and certain other positions that handle valuable items or information.

The bill’s author, Democratic Assemblyman Tony Mendoza of Artesia, says credit checks often are inaccurate and hurt minority and female job seekers. Opponents say they are a useful tool for employers assessing the integrity of job candidates.

A credit report is not a good indicator of a person’s trustworthiness or work ethic,” says Mendoza.

“Consider the condition of the economy and the negative effect these circumstances can have on a person’s credit – a credit report is an unfair lens through which to view job applicants,” he says. “Preventing someone from becoming gainfully employed due to a poor credit history is shameful,” says Mendoza.

No, You May Not See My Personal Information

Regarding this newest attack on personal privacy, it was Facebook firing the first shots in a battle that promises to end in the US courts. In a blog dated March 23, 2012, Erin Egan, Facebook’s Chief Privacy Officer, responded to recent news reports of employers “seeking to gain inappropriate access” to the social media profiles of job applicants and employees. She also said that Facebook would “take action to protect the privacy and security” of users and consider “initiating legal action” where appropriate.

Those anti-employer sentiments were also summed up by members of Congress, recently.

“Employers have no right to ask job applicants for their house keys or to read their diaries – why should they be able to ask them for their Facebook passwords and gain unwarranted access to a trove of private information about what we like, what messages we send to people, or who we are friends with?” asked New York Senator, Charles Schumer.

“In an age where more and more of our personal information – and our private social interactions – are online, it is vital that all individuals be allowed to determine for themselves what personal information they want to make public and protect personal information from their would-be employers. This is especially important during the job-seeking process, when all the power is on one side of the fence. Before this disturbing practice becomes widespread, we must have an immediate investigation into whether the practice violates federal law – I’m confident the investigation will show it does. Facebook agrees, and I’m sure most Americans agree, that employers have no business asking for your Facebook password,” says Schumer.

Employers: You Won’t Sell to People You Have Taught to Despise You

No. A line must be drawn in the sand now regarding privacy. Employers are looking to take a mile since the Web may have it to give. In doing this, they are not only attacking our civil liberties; they are hurting themselves in the long run. If they limit people’s freedoms in social Media, they are also limiting peoples trust in this medium and discouraging its use. If business people want to get more conversions (sales) from Social Media Marketing, they need to show more respect for the trust and integrity that Social Networking must develop in order to make doing business over the Web viable and profitable.