July 2009 Archives

Alain V. Bonavida is pleased to announce that his client, Joseph Fahs, has sought and received justice. Joseph Fahs was the first named defendant in a suit by his former employer, Georges Marciano, filed on August 13, 2007. Georges Marciano sued Mr. Fahs and four other employees alleging, among other things, fraud and conspiracy to deprive Mr. Marciano of over $400 million of money, art, wine, and other assets. The Court found that none of these employees committed the acts alleged by Mr. Marciano, dismissing Mr. Marciano's complaint against these individuals.

This firm is proud to have not only defended Mr. Fahs against Mr. Marciano's baseless lawsuit, but also to have represented Mr. Fahs in his suit against Mr. Marciano and Mr. Marciano's company, Beverly Wilshire Properties, Inc., for defamation and intentional infliction of emotional distress.

A liability trial was held in Los Angeles Superior Court on May 15 and May 18, 2009. Judge Elizabeth Allen White found that Marciano was liable for defamation and intentional infliction of emotional distress against each cross-complainant, and that he had committed those acts with the malice, oppression and/or fraud necessary to justify an award of punitive damages. Following the liability prove-up, Judge White set a jury trial for damages for July 20, 2009. After hearing hours of live testimony and reviewing dozens of exhibits, the jury found Marciano liable to each of the five cross-complainants for over $69 million in compensatory damages and $5 million in punitive damages, a total of over $74 million each. The combined value of the verdict is over $370 million.

Attorney Alain V. Bonavida made the opening statement for Joseph and was integral, along with the rest of the legal team, to the conduct and ultimate success of the trial. Bonavida made the closing argument for compensatory damages for Joseph Fahs, explaining to the jury that they now have the power to set things right - to compensate Joseph and the other cross-complainants for the damages inflicted upon them by the unremorseful Mr. Marciano.

During the trial, Mr. Marciano had an average of eight note takers and others occupying two rows of chairs in the courtroom. Mr. Marciano initially refused to appear at the trial as evidenced by his attorneys' refusal to accept a subpoena on his behalf. Marciano made a surprise appearance and voluntarily took the stand where he declared to the jury that he was on a "crusade" and would not stop until he had "justice." Asked by Mr. Bonavida if he remembered the every increasing amounts of alleged theft he suffered at the hands of Joseph and the others, he stated that if these amounts were in papers he submitted to the Court, then they were true.

Joseph Fahs' attorney, Alain V. Bonavida, explains that "when Joseph came to me for representation, I saw the fear in his face and heart and saw this as an opportunity to help someone with a kind soul. I understood the battle my client and I were in for, but I welcomed the challenge. Nearly two years later, justice was served when the jury found Mr. Marciano liable to each of five cross-complainants for over $69 million in compensatory damages and $5 million in punitive damages for a total of over $74 million for each plaintiff or a total of over $370 million. This verdict should serve as a warning to those that believe having vast resources entitles one to leverage those resources to the detriment of the innocent. Truth and justice does prevail, even against incredible odds - you just have to fight hard for it and never give up. I never gave up."

"As one of, if not the, largest defamation verdicts handed down in the country, I am proud to have been the first attorney on the case and of the work I put into defending my client and pursuing my client's rights against Mr. Marciano. During my third year of law school, I was a student attorney representing those individuals who could not afford private counsel. I won, along with my co-counsel and friend, Jonathan Blank, a trial awarding full legal and physical custody of a small child to her mother as well as child support. I was hooked on fighting for the underdog from that point on," Bonavida said.

Law Offices of Alain V. Bonavida enjoyed working the Marciano case with the talented attorneys representing the other ex-employees of Mr. Marciano/Beverly Wilshire Properties, Inc. Steven Chapnick was represented by Michael Partos and Reeve J. Segal of Cozen O'Connor. Elizabeth Tagle was represented Cheryl Deptowicz-Diaz of the Diaz Law Firm. Miriam Choi and Camille Abat were represented by R. Rex Parris and Alexander R. Wheeler of the R. Rex Parris Law Firm and David Wheeler and Jennifer L. DeLoach of Wheeler and Sheehan.

SOURCE Law Offices of Alain V. Bonavida

Thirty-two people have been indicted for schemes to submit more than $16 million in false Medicare claims in the continuing operation of the Medicare Fraud Strike Force in Houston, Deputy Attorney General David W. Ogden and Deputy Secretary Bill Corr of the Department of Health and Human Services (HHS) announced today. The Strike Force in Houston is the fourth phase of a targeted criminal, civil and administrative effort against individuals and health care companies that fraudulently bill the Medicare program.

While the indictments were returned by a grand jury in Houston, individuals were arrested today in Houston, New York, Boston and Louisiana. In addition, Strike Force agents executed 12 search warrants at health care businesses and homes across the Houston area.

The joint DOJ-HHS Medicare Fraud Strike Force is a multi-agency team of federal, state and local investigators designed to combat Medicare fraud through the use of Medicare data analysis techniques and an increased focus on community policing. The fourth phase was announced in May 2009, with agents from FBI, HHS Office of the Inspector General (HHS-OIG), the Texas Attorney General's Medicaid Fraud Control Unit (MFCU), the Drug Enforcement Administration (DEA), Office of Personnel Management, Office of the Inspector General (OPM-OIG) and the Office of the Inspector General at the Railroad Retirement Board (RRB-OIG).

"Our Medicare Strike Force is striking back against health care fraud in all its forms and wherever it occurs. We will stop fraud as its happening, using real-time data analysis of Medicare billing records," said Deputy Attorney General David W. Ogden. "Those who commit health care fraud will not be allowed to steal money from American taxpayers. Anyone operating or considering operating a health care fraud scheme around the country should take notice that they will be held accountable."

"When criminals rip off Medicare beneficiaries, we all pay the price. These false Medicare schemes and scams are costing the taxpayers millions of dollars, harming Medicare beneficiaries and driving up the cost of health care, but thanks to this new innovative partnership and the hard work of our staff on the ground, we are starting to fight back against fraud in a big way. The Administration's HEAT initiative and our Strike Forces are making a big difference in a very short amount of time, returning millions back to the Medicare Trust in just a few months," said Bill Corr, Deputy Secretary of Health and Human Services and the top HHS official on the HEAT Team. "We are also working together across the federal government on important new innovations in the way we do business on the front end, to try and prevent crime like this from happening in the first place."

The Strike Force operations in Houston are another important step of the Health Care Fraud Prevention & Enforcement Action Team (HEAT), a joint initiative announced in May 2009 between the Department of Justice and HHS to focus their joint efforts to reduce and prevent Medicare and Medicaid fraud through enhanced cooperation. The HEAT taskforce, co-chaired by Deputy Attorney Ogden and Deputy Secretary Corr, is made up of top-level law enforcement agents, prosecutors and staff from both Departments and their operating divisions. In the May 2009 announcement, Attorney General Eric Holder and Secretary Kathleen Sebelius announced the expansion of the Strike Force into Detroit and Houston to build upon existing partnerships between the agencies in a heightened effort to reduce fraud and recover taxpayer dollars.

Charges were unsealed today against 32 individuals who are accused of various Medicare fraud offenses, including conspiracy to defraud the Medicare program, and criminal false claims. The Strike Force operations in Houston have identified the primary fraud schemes as those related to false billing for "arthritis kits," power wheelchairs and enteral feeding supplies.

According to the indictments, the defendants charged today participated in schemes to submit claims to Medicare for products that were in fact medically unnecessary and oftentimes, never provided. In some cases, indictments allege that beneficiaries were deceased at the time they allegedly received the items. Collectively, the physicians, company owners and executives charged in the indictments are accused of conspiring to submit more than $16 million in false claims to the Medicare program.

"Americans deserve quality healthcare and have the right to expect that money expended on Medicare is not wasted," said U.S. Attorney Tim Johnson. "We will prosecute anyone who fraudulently obtains Medicare benefits at the expense of the truly needy."

"We will protect the Medicare program and its beneficiaries by stopping those who falsely bill for power wheelchairs, orthotic devices and other supplies that are not needed," said Daniel R. Levinson, Inspector General of the Department of Health & Human Services. "Today's arrests demonstrate the significant impact of the new HEAT strike force on combating fraud and abuse in the Houston area."

"We will continue to work together to combat those who corrupt the system and wish to line their pockets with taxpayer dollars," said Special Agent in Charge Richard C. Powers, FBI Houston Field Office. "Healthcare fraud strikes at the heart of our health care system and our economy."

Texas Attorney General Greg Abbott added: "Today's arrests reflect a concerted effort to crack down on those who defraud Texas taxpayers. We will continue working with our federal partners to uncover waste, fraud, and abuse in the Medicare and Medicaid systems."

Since the inception of Strike Force operations in March 2007 with phase one in South Florida, phase two in Los Angeles in May 2008, and phase three in Detroit in March 2009, the Strike Force has obtained indictments of more than 293 individuals and organizations that collectively have billed the Medicare program for more than $674 million. In addition, HHS's Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.

Each of the three Houston Strike Force teams is led by a federal prosecutor from the U.S. Attorney's Office in Houston or the Criminal Division's Fraud Section. Each team has an agent from the FBI, HHS-OIG and the Texas Attorney General's MFCU. DEA, OPM-OIG and RRB-OIG also have agents on the teams.

The cases are being prosecuted by attorneys from the U.S. Attorney's Office, including Assistant U.S. Attorney Jennifer Lowery and Special Assistant U.S. Attorney Justin Blan, on detail from HHS-OIG, as well as from the Criminal Division's Fraud Section, including Assistant Chief John S. (Jay) Darden and Trial Attorneys Charles Reed, Katherine Houston, Anthony Burba and John Cunningham.

An indictment is merely an allegation, and defendants are presumed innocent until and unless proven guilty.

Source: U.S. Dept. of Justice

The following remarks were issued today by Attorney General Eric Holder:

Good morning and thank you for inviting me to join you today. It is a pleasure to be here among friends and colleagues, many of whom I've had the distinct pleasure of working with over the last 30 years during my time in the Department. There are too many familiar faces in the room to begin naming names, but as I have said many times in the last six months, it is great to be back.

These Leadership Conferences always present a great opportunity for us to learn from one another and for the Department to recognize your many significant accomplishments. This year's conference is even more special, as 2009 marks the 25th year of the Asset Forfeiture Program. I am very pleased to join you in this Silver Anniversary celebration, and I share your pride in the Asset Forfeiture Program's quarter-century of success.

I am also proud to be here today to honor the OCDETF Program, which is now in its 27th year. The OCDETF strategy recognizes that the most effective way to fight sophisticated criminal organizations is by leveraging the strengths, resources, and expertise of federal, state and local investigative and prosecutorial agencies. The OCDETF Program does this through the formation of prosecutor-led, multi-agency task forces that successfully target drug traffickers through cutting edge, intelligence-based analysis and investigative work.

Working together, the OCDETF and Asset Forfeiture Programs have a proven track record of destroying drug trafficking organizations by arresting and prosecuting their leadership and by seizing their financial infrastructure. I am delighted to be here today with the leaders of these great programs.

I'd like to begin by talking about OCDETF, which truly is the strategic centerpiece of the Department's counter-narcotics effort. When I served as United States Attorney, I was fortunate to lead the OCDETF effort here in Washington, DC, and experienced first-hand the field-level effectiveness of the Program. Later, as Deputy Attorney General, I saw just how powerful the OCDETF model could be on a nationwide basis. Now, as Attorney General, I am proud to support your continued success. Through your constant innovation and steadfast commitment to cooperation with our state and local partners, you have enhanced immeasurably our nation's counter-narcotics capabilities.

Two examples of OCDETF's innovative and cooperative approach demonstrate the effectiveness of the OCDETF strategy: (1) the establishment of the OCDETF Fusion Center; and (2) the creation of permanent, co-located OCDETF Strike Forces.

The OCDETF Fusion Center was established to address a pressing need for reliable, in-depth intelligence -- from both human and electronic sources -- to target and attack sophisticated international drug trafficking and money laundering organizations. Building on the OCDETF philosophy of cooperation and information-sharing, the Fusion Center brings together into a common database the unfiltered investigative information of each OCDETF member agency. Known as "Compass," this database allows analysts to connect investigative information from multiple agencies and to provide real-time analysis to agents and prosecutors in the field. The Fusion Center works in concert with the DEA-led Multi-Agency Special Operations Division to provide the most complete intelligence picture of criminal organizations currently available to U.S. law enforcement.

In recognition of the Fusion Center's effectiveness and the value of the Compass database, the International Organized Crime Intelligence and Operations Center -- or "IOC-2," as it is known -- recently entered into a partnership with the OCDETF Fusion Center. The IOC-2 will add important new data sources to the Compass database as well as new analysts into the OCDETF Fusion Center. Through this partnership, we will broaden our capability to attack organized crime in all its forms.

A second illustration of OCDETF's success is the creation of permanent, co-located OCDETF Strike Forces in Boston, New York, Atlanta, Tampa, San Juan, Houston, Phoenix, San Diego -- and soon in El Paso. Because they are both permanent and co-located, these strike forces foster close working relationships across agencies and facilitate multiple, wide-reaching, and highly effective multi-agency investigations. Moreover, these Strike Forces have taken innovative steps to leverage non-OCDETF resources to their great advantage. For example, working with the Asset Forfeiture Fund, OCDETF and the National Drug Intelligence Center have begun to place Document and Media Exploitation Teams in the Atlanta and Houston Strike Forces. These DOMEX teams allow Strike Force analysts and agents to capture and exploit evidence in complex, fast-paced investigations, and to develop trial exhibits for prosecutors quickly and effectively. We look forward to adding DOMEX teams to other co-located strike forces in the near future, beginning with those along the Southwest Border.

Collaborative and innovative efforts such as the OCDETF Fusion Center and the OCDETF Strike Forces are critically important if we are to succeed in our efforts to combat international drug traffickers and money launderers. The criminal organizations that OCDETF targets are as sophisticated as they are ruthless. Indeed, some of these groups have even aligned themselves with terrorist organizations. We have seen that Mexican drug cartels in particular, pose both a national security threat to Mexico and an organized crime threat to the United States. The cartels send seemingly endless supplies of cocaine, heroin, methamphetamine, marijuana and other illicit drugs across our borders and onto our streets. They operate seamlessly across local, state, and national boundaries. To combat this threat, we must also be seamless in our operations.

I know that all of you are up to the challenge. Since the inception of the Consolidated Priority Organization Target (or "CPOT") List in 2002, your OCDETF investigations have dismantled 39 CPOT organizations and have disrupted 20 more. Further, you have dismantled or disrupted more than 1,160 CPOT-linked organizations. The success of your operations is impressive, but not surprising. We can expect to achieve these kinds of results when we work together in innovative ways.

Together with OCDETF, the Asset Forfeiture Program has made, and continues to make, a critical difference in the fight against crime. Through your work, the Asset Forfeiture Program provides vitally important funding for law enforcement as well as resources that can be invested in community-changing programs such as "Weed and Seed." And of course, by seizing criminals' assets, you reduce the incentive to commit crime by taking money out of the hands of dangerous drug dealers and terrorists -- money that now works for law enforcement.

As with the OCDETF Program, the success of the Asset Forfeiture Program is a direct result of your hard work and your unfailing commitment to cooperation and collaboration at all levels and across all organizational lines. As Deputy Attorney General, it was my privilege to testify before Congress in support of asset forfeiture legislation. In that testimony, I emphasized the critical role that asset forfeiture plays not only in the fight against illegal drugs, but in the broader fight against other types of crime. Almost ten years to the day since that testimony -- and, appropriately, on the 25th anniversary of the Asset Forfeiture Program -- I am proud to say that the Asset Forfeiture Program remains a critical part of the Department's efforts to reduce and deter criminal activity.

Since 1984, more than $13 billion in net federal forfeiture proceeds have been deposited into the Justice Assets Forfeiture Fund. During this same period, more than $4.5 billion has been equitably shared with more than 8,000 state and local law enforcement agencies nationwide, thereby supplementing their constrained resources without further taxing the public. Once left with no real opportunity to recover their losses, crime victims are now recouping greater sums than ever before. Approximately $500 million in payments have been paid to more 39,000 victims in fiscal year 2008 alone.

Yet, the impact of forfeiture is greater than just money. When we look back on the last 25 years of the program, we see a forfeiture regime that has been transformed from a collection of centuries-old laws designed to fight pirates, enforce customs laws and fight illegal contraband, into an array of modern law enforcement tools designed to combat 21st century criminals both at home and abroad. We now have the ability to deprive global criminals of their ill-gotten gains, to seize the instrumentalities of their trade, and to use the power of asset forfeiture to destroy their illegal enterprises.

Operation Honor Student, a case that will be honored here later tonight, illustrates the power of asset forfeiture and its devastating effect on organized criminal activity. In that case, a task force led by the Rhode Island U.S. Attorney's Office, the Asset Forfeiture and Money Laundering Section of the Criminal Division, and the Food and Drug Administration's Office of Criminal Investigations obtained the forfeiture of $2.7 million from the accounts of GeneScience, one of the largest biopharmaceutical companies in China that had been involved in the illegal distribution of Human Growth Hormone into the United States. To accomplish this forfeiture, the task force employed a new statutory vehicle -- 18 U.S.C. section 981(k) -- which permitted the Government to seize the funds, physically located in China, from the corresponding accounts of Chinese banks in New York. This was the first use of section 981(k), enacted as part of the USA Patriot Act, against a Chinese entity, and its success has helped pave the way for subsequent investigations using this groundbreaking authority.

But not to minimize these impressive legal results, the true impact of Operation Honor Student lies in its practical effect on the illegal hGH market in the United States. Task force agents estimate that at the time of the investigation, GeneScience manufactured approximately 90% of the hGH being illegally sold and distributed in the United States. As a direct result of this seizure, GeneScience has stopped all shipments to the United States. So, through the use of a section 981(k) seizure, we were able to eliminate a supplier that represented 90% of an illegal drug market. Ninety percent.

Asset forfeiture plays a critical role not only in drug cases, but across the law enforcement spectrum -- from national security investigations, to securities fraud cases, to healthcare scams. And, of course, we cannot forget the most important -- and sometimes least heralded -- purposes of our Asset Forfeiture Program -- which is to make a meaningful difference in the lives crime victims by recovering stolen funds and property and returning them to their rightful owners.

When we look at the successes of both the Asset Forfeiture Program and the OCDETF Program, I cannot help but think about the possibilities, and challenges, for the next 25 years of these vitally important initiatives. While we have made great strides, international drug traffickers and money launderers continue to threaten our country. Criminal enterprises and terrorist networks continue to misuse our financial system for nefarious purposes. We can and we must do more. I am confident that under the leadership of those assembled here today, we will succeed.

The analysts, agents, and prosecutors of the OCDETF and Asset Forfeiture Programs are among the most talented and dedicated professionals in all of law enforcement. You protect this country day in and day out from the scourge of drugs and violence, and you do it with professionalism, creativity, and passion. I am proud to lead the Department of Justice, and am proud of each of you. Thank you for all that you do. Keep up the great work.

Source: U.S. Dept. of Justice

Exactly 23 years after he was subjected to a crude form of waterboarding, suffocation, and a mock execution during a sadistic three-day interrogation by subordinates of indicted former Chicago Police Commander Jon Burge, Michael Tillman will file a petition in Cook County Circuit Court Tuesday seeking a new trial in connection with his wrongful murder conviction.

Following his arrest on July 21, 1986, Tillman was ruthlessly abused by the infamous "Midnight Crew" at Area 2 Police Headquarters, a cadre of rogue Chicago cops operating under Burge's right-hand man, Sergeant John Byrne. Based largely on a bogus confession extracted during that unlawful interrogation, Tillman was wrongfully convicted of murdering Betty Howard and was sentenced to prison, where he remains today.

On Tuesday, attorneys from the Peoples Law Office and the Roderick MacArthur Justice Center at Northwestern University will file a post-conviction petition asking the court to vacate Tillman's conviction and order new trial. The move comes in the wake of massive evidence that Tillman was a casualty of a systematic ring of torture that Burge and his underlings inflicted on African-American suspects from the early 1970s through the 1990s.

"Of all the torture cases in the system, the ones like Tillman's are particularly galling," said Locke E. Bowman, Legal Director of the MacArthur Center. "Tillman has been in prison for twenty three years for one reason only: he was tortured into confessing to a crime he didn't commit."

Since Tillman unsuccessfully appealed his conviction in 1999, Burge, Byrne and detectives under their command have been implicated by multiple law enforcement officials in a pattern of torture. In 2006, a Cook County Special Prosecutor issued a report concluding that the torture occurred, and last year U.S. Attorney Patrick Fitzgerald indicted Burge. Meanwhile, Burge, Byrne and their associates have invoked their Fifth Amendment right against self-incrimination under questioning about abuse charges.

Stymied by the decades-long cover-up of the torture ring and unable to afford a lawyer, Tillman was forced to let the statutory deadline for his post-conviction petition expire. But in filing the petition on his behalf Tuesday, Tillman's attorneys called on Attorney General Lisa Madigan to allow the case to be considered on the merits, rather than seeking to dismiss it on a technicality.

"Prosecutors are required to hold the interests of justice higher than the pursuit of convictions," said G. Flint Taylor of the People's Law Office. "Mr. Tillman has set forth a powerful case of torture, innocence, and cover-up in his Petition. This is therefore a most compelling case for Attorney General Madigan to honor her prosecutorial oath, the interests of justice, and her pledge that she will not rely on tortured evidence. To do so she, or whoever succeeds her as the prosecutor in this case, must forego technical defenses and agree that Tillman is entitled to a hearing on his claims of torture and innocence."

SOURCE MacArthur Justice Center

The Business Software Alliance (BSA), which represents the world's commercial software industry, announced today that Donegal Mutual Insurance Company of Marietta, PA paid $105,000 to settle claims that it had unlicensed copies of Microsoft software installed on its computers. As part of the settlement agreement, Donegal agreed to delete all unlicensed copies of software on its computers, purchase any licenses necessary to become compliant, and commit to implementing stronger software asset management (SAM) practices.

BSA was alerted to the unlicensed software use by a confidential report made on BSA's website www.nopiracy.com. Each year, BSA receives more than 2,500 reports of software piracy to its website and hotline, 1-888-NO PIRACY. The majority of BSA's leads come from current or former employees who had information related to the unlicensed software activity.

"Upon learning of the licensing problem, Donegal immediately came into compliance," said a spokesperson from the company.

Through BSA's "Know it, Report it, Reward it" program, individuals who provide qualified reports of software piracy are eligible to receive up to $1 million in cash rewards. In 2008, the BSA paid a total of $136,100 in rewards to 42 individuals for tips about software piracy. Despite the rewards program, many opt not to take the reward. Informal studies conducted by BSA suggest that a key driver for reporting software piracy is the motivation to simply "do the right thing."

Software piracy affects more than just the software industry. According to the Sixth Annual BSA and IDC Global Software Piracy Study, the worldwide PC software piracy rate rose from 38 percent to 41 percent and the retail value of unlicensed software--representing revenue losses to software companies--was estimated at $53 billion. Piracy also saps local governments of needed tax revenues and spreads information security risks. However, reducing piracy also brings economic benefits for the local IT industry. For every $1 of PC software licensed, there is another $3 to $4 of revenues for local service and distribution firms. "If one message is loud and clear, it's that doing the right thing by using legal software is the key to both reducing piracy, strengthening the local IT industry, and driving jobs so needed during these challenging economic times," said Jenny Blank, Senior Director of Legal Affairs for BSA.

Financial Risks

Businesses found to be using pirated software could pay thousands of dollars in damages for infringing BSA members' copyrights. A company found using pirated software and violating copyright laws can be liable for damages of up to $150,000 for each software title copied. If convicted, violators can be fined up to $250,000 per title or given a jail term of up to five years, or both.

When BSA receives a tip about a company using unlicensed software, it typically contacts the company and asks it to conduct an audit of its software assets. Then both parties work toward a resolution that involves immediate legalization of software. If an agreement cannot be reached, BSA may opt to file a lawsuit, as in last July's case with Taney Engineering of Nevada.

Security Risks

By utilizing pirated software, users' networks and computers are vulnerable to serious IT security threats. Company computers could be infected with Trojans, viruses, malware, and other threats. The lack of security could also compromise sensitive data and the personal information of its employees and customers. As companies and government agencies have found, having confidential information exposed to outsiders is costly and can also put an organization's reputation at risk.

Tools & Resources to Ensure Compliance

BSA works with businesses to help ensure that their company isn't at risk for financial, technical, and legal risks associated with illegal software. In addition to resources provided on www.bsa.org, BSA partnered with the U.S. Small Business Administration to educate up to 100,000 small businesses on software licenses, copyright laws, tips on how to purchase safe and legal software online, and how to develop a Software Asset Management program. Through the partnership, BSA helps small businesses develop smart strategies to manage their software.

Businesses trying to determine whether their organizations are using unlicensed software can download the free software audit tools at www.bsaaudit.com.

SOURCE Business Software Alliance

Class Action Status Requested To Benefit All Persons Who Reside in the State of Louisiana and who Sustained Damages as a Result of the Dow Chemical Leak.

Parker Waichman Alonso LLP, together with the Law Office of Robert M. Becnel, Salas & Co., L.C., and Herman Herman Katz & Cotler LLP, announces that it has filed suit on behalf of several Louisiana residents who sustained personal injuries and / or property damage as a result of a release of the chemical ethyl acrylate at the Dow Chemical Company's St. Charles Operation facility in Hahnville, Louisiana on July 7, 2009. The lawsuit, which was filed in the Twenty-Ninth Judicial District Court in the State of Louisiana, St. Charles Parish, seeks class action status to benefit all Louisiana residents who sustained residents who sustained personal injuries and / or property damage as a result of this incident.

The lawsuit alleges that the ethyl acrylate released during the accident is hazardous to both people and property. The plaintiffs claim they suffered physical, property, financial and psychological damages as a result of the ethyl acrylate leak, and that those damages were the result of Dow Chemical's negligence.

The lawsuit alleges that Dow Chemical knew or should have known that the tank and equipment were faulty, and that the substance they released was harmful. The lawsuit also charges that Dow Chemical failed to take necessary action to mitigate the danger from the spill, or provide adequate and timely warning of the leak. The plaintiffs are seeking compensatory damages in an amount to be determined by the court.

The Dow Chemical ethyl acrylate leak occurred when a vent on a 640,000 gallon storage tank malfunctioned, releasing ethyl acrylate into the surrounding community. The release of ethyl acrylate produced an acrid odor that could be detected as far away as New Orleans and St. Bernard Parish. People living around Dow Chemical's St. Charles Operations facility were forced to evacuate, and dozens of people were treated in the hospital for ailments typical of exposure to ethyl acrylate fumes, including eye, nose and throat irritation.

SOURCE Parker Waichman Alonso LLP

A notice program authorized by the Los Angeles County Superior Court began over the weekend to alert those who purchased Cold MD dietary supplement from March 26, 2004 through May 29, 2009 about a proposed settlement against Iomedix Cold International SRL ("Defendant"). The notice is a result of the Court certifying, on May 29, 2009, a plaintiff class in a lawsuit alleging that Defendant made misleading or false statements about Cold MD dietary supplement.

The lawsuit, Eduardo Salcido, et al. v. Iomedix Cold International SRL, Case No. BC 387942, claims Defendant made false and misleading statements in their labeling and advertising of Cold MD dietary supplement. The settlement includes only the Cold MD dietary supplement, which was packaged as "Cold MD" and had the words, "Dietary Supplement" printed on the lower right corner of the box it was sold in. The Settlement does not mean that Defendant did anything wrong, and the Court has not decided that Defendant did anything wrong.

All Class Members can submit claims online at: www.ColdMDSettlement.com or via U.S. mail. Each Class Member who provides a valid receipt or credit card statement showing they purchased Cold MD dietary supplement will be sent a check in the amount of $10.00 for each bottle purchased during the Class Period. Each Class Member who does not have a valid receipt or credit card statement showing they purchased the Cold MD dietary supplement, but who submits the Declaration included in the Claim Form saying that they purchased the product, will be sent a check in the amount of $5.00 for each bottle purchased during the Class period (up to a maximum of three bottles if the Claim Form is submitted online at www.ColdMDSettlement.com and up to a maximum of six bottles if the Claim Form is sent via U.S. mail).

Notices informing Class members about their legal rights are appearing in national newspaper supplements and a consumer publication leading up to the hearing on October 20, 2009.

The Court appointed the law firm of Milstein, Adelman, & Kreger, LLP to represent the Class as Plaintiffs' Lead Class Counsel.

In addition to submitting a claim form to ask for payment, Class members can ask to be excluded from, or object to, the settlement. Claim forms must be postmarked no later than September 22, 2009. The deadline for exclusions and objections is August 24, 2009.

A toll-free number, 1-888-266-9438, has been established in this case along with a website, www.ColdMDSettlement.com, where notices, claim forms, the settlement agreement, and the Court's preliminary approval order may be obtained. Those affected also may write to: Cold MD Settlement Administrator, PO Box 3518, Portland, OR 97228-3518.

SOURCE Cold MD Class Action Notice Administrator, Epiq Systems Inc.

John Reece Roth, 72, of Knoxville, Tenn., was sentenced to 48 months in prison for violating the Arms Export Control Act by conspiring to illegally export, and actually exporting, technical information relating to a U.S. Air Force (USAF) research and development contract.

The sentencing, which was announced by U.S. Attorney Russ Dedrick of the Eastern District of Tennessee and David Kris, Assistant Attorney General for National Security, took place in U.S. District Court in Knoxville before Judge Thomas Varlan, Jr. A former University of Tennessee professor, Roth will serve a term of two years supervised release after completing his prison term.

The illegal exports by Dr. Roth of technical information, known as "technical data," related to his illegal disclosure and transport of restricted military information associated with the USAF contract to develop specialized plasma technology for use on an advanced form of an unmanned aerial vehicle (UAV), also known as a drone.

The illegal exports of military technical information involved specific information about advanced plasma technology that had been designed and was being tested for use on the wings of drones operating as weapons or surveillance systems. The Arms Export Control Act prohibits the export of defense-related materials, including the technical data, to a foreign national or a foreign nation.

After a trial in September 2008, Dr. Roth was convicted of conspiring with Atmospheric Glow Technology, Inc., a Knoxville technology company, of unlawfully exporting in 2005 and 2006 fifteen different "defense articles" to a citizen of the People's Republic of China in violation of the Arms Export Control Act. This law prohibits the export of defense-related materials, including the technical data, to a foreign national or a foreign nation. These defense articles related to different specific military technical data that had been restricted and was associated with the USAF project to develop plasma technology for use on weapons system drones.

Dr. Roth was also convicted of one count of wire fraud relating to defrauding the University of Tennessee of his honest services by illegally exporting sensitive military information relating to this USAF research and development contract.

The Federal Bureau of Investigation (FBI) led the investigation and was joined in its efforts by U.S. Immigration and Customs Enforcement (ICE), the U.S. Air Force Office of Special Investigations, and the Department of Commerce's Office of Export Enforcement. The case was prosecuted by Assistant U.S. Attorneys Jeffrey Theodore and Will Mackie of the U.S. Attorney's Office for the Eastern District of Tennessee.

U.S. Attorney Dedrick commended the efforts of the special agents from the agencies supporting the investigation. He noted that this case was quickly brought to trial and sentencing through the excellent work of the Department of Justice's National Security Division and the Assistant U.S. Attorneys and support staff from his office. Dedrick added, "This case should send a stern warning to those who would betray the trust of our nation by violating the export control laws by providing our military information to foreign nationals."

David Kris, Assistant Attorney General for National Security, stated, "I applaud the agents and prosecutors who worked tirelessly to bring about this result. The illegal export of restricted military data represents a serious threat to national security. We know that foreign governments are actively seeking this information for their own military development. Today's sentence should serve as a warning to anyone who knowingly discloses restricted military data in violation of our laws."

FBI Special Agent in Charge Richard Lambert added: "Safeguarding sensitive military technology vital to our nation's defense remains a top priority of the FBI. We are grateful to the University of Tennessee for its invaluable partnership in this important investigation."

Source: U.S. Dept. of Justice