Daily News Summary
An electronic digest of media coverage of interest to members of The Florida Bar compiled each workday by the Public Information and Bar Services Department. Electronic links are only active in today's edition. For information on previous articles, please contact the publishing newspaper directly.
Jan. 24, 2012
FORECLOSURE CONSULTING COMPANY GROWING FAST-- Florida Times-Union, http://wire.jacksonville.com, Jan. 24, 2012.
Business is booming so much for a Northeast Florida company that specializes in helping people resolve home foreclosures and bankruptcies that the company is hiring nearly twice as many workers as it currently employs. Consumer Attorney Services, founded last year, will hire about 150 additional employees. The company already employs 87 people, 20 of them attorneys. Consumer Attorney Services Chief Executive Officer Edward R. Carlton said they can’t keep up with the demand for help by area residents who are having trouble paying mortgages. “With a marketplace with the second-highest foreclosure rate in the country, it’s probably no surprise that we’re growing at the rate that we are,” Carlton said Thursday [Jan. 19]. “Consumers are left with little-to-no options when addressing their secured and unsecured debts.” Carlton said the company specializes in providing consulting services. The employees they’re looking to hire include consultants with personal skills, attorneys to navigate legal challenges and administrative workers to handle the growth of the business.
--Judiciary--
CANDIDATES LINING UP FOR SHOT AT FLAGLER COUNTY JUDGE'S SEAT-- Daytona Beach News-Journal, http://www.news-journalonline.com, Jan. 24, 2012.
A familiar name is among the five candidates so far in the running to replace Flagler County Judge Sharon Atack -- her son, Craig Atack. If Craig Atack were elected, he would be the third consecutive Atack to hold the seat. Sharon Atack was appointed to the bench in 1995 to take the seat of her husband, Bill, after he died of cancer. Sharon Atack announced earlier this month that she would not seek re-election and would retire on Jan. 7, 2013. The primary election is Aug. 14 and the general election is Nov. 6. Besides Craig Atack, four others have declared their candidacy for her position: W. Scott Westbrook, D. Melissa Moore Stens, Josh Davis and Sharon Feliciano.
HIGH COURT TURNS ASIDE RECUSAL REQUEST ON HEALTH CARE CHALLENGE-- WTSP St. Petersburg, St. Petersburg, http://www.wtsp.com, Jan. 24, 2012.
The Supreme Court has turned aside a motion from a political advocacy group that sought to argue that Justice Elena Kagan should not participate in the upcoming blockbuster appeals over the constitutionality of health care reform. The justices denied the request from Freedom Watch without comment Monday [Jan. 23]. Kagan herself did not get involved in this particular motion. The court's brief order all but assures that the newest justice will participate in the late March arguments and eventually rule on the cases' merits. Similar calls for recusal from other groups have been directed at Justice Clarence Thomas. "The justices work for us, and the Supreme Court is the people's court, not the justices' court," Larry Klayman, head of Freedom Watch said. "I hope that they will sober up and do the right thing and disqualify Justice Kagan from sitting on the Obamacare case, as she has a textbook conflict of interest given her involvement in the drafting of, and supporting, the legislation, while she was an official of the Obama administration at the Department of Justice." A loss of just one justice from ruling on an issue like health care would be huge, making a difference perhaps in the ultimate outcome. Activists from the left and right have made separate recusal requests, trying to manipulate the judicial playing field to each side's advantage.
--Legislature--
PRISON PRIVATIZATION BILLS MOVE FORWARD-- The Lakeland Ledger, http://www.theledger.com, Jan. 24, 2012.
With its main sponsor saying he's confident of millions of dollars in savings every year, a Senate committee Monday [Jan. 23] cleared two bills allowing for the privatization of prisons in South Florida. The rules committee approved the bills (SB 2036 and SB 2038) on party-line votes after more than three hours of debate and public comment. Dozens of people spoke against the bills, telling senators privatization would put state employees out of work and will reduce public safety. Committee vice-chair J..D Alexander, R-Lake Wales, careful to use the word "competition" instead of privatization, said he expects $22-45 million a year in savings. "From my standpoint, competition makes things improve," said Alexander, later adding, "We have to balance the greater good."
--Civil Justice Issues--
PRIVATE SECTOR'S MORTGAGE LENDERS SETTLE WITH STATES-- Ft. Myers News-Press, http://www.news-press.com, Jan. 24, 2012. [Also: PUSH TO HELP HOMEOWNERS CONTINUES-- WPLG Miami, http://www.local10.com, Jan. 24, 2012. $25B MORTGAGE DEAL GOES TO STATES-- Bradenton Herald, http://www.bradenton.com, Jan. 24, 2012.]
The nation's five largest mortgage lenders have agreed to overhaul their industry after deceptive foreclosure practices drove homeowners out of their homes, government officials said Monday [Jan. 23]. But the program unveiled Monday isn't likely to help many people, said Eddie Felton, executive director of the Fort Myers-based Home Ownership Resource Center, which counsels Southwest Florida homeowners faced with foreclosure. “The people who have already lost their homes are not going to benefit at all,” he said. “I know it's hard to correct something after it's happened. But I think the people who lost their homes should be considered under this process.” A draft settlement between the banks and U.S. states has been sent to state officials for review. Those who lost their homes to foreclosure are unlikely to get their homes back or benefit much financially from the settlement, which could be as high as $25 billion. Five major banks, Bank of America, JPMorgan Chase, Wells Fargo, Citibank and Ally Financial and U.S. state attorneys general could adopt the agreement within weeks. The settlement would be the biggest of a single industry since the 1998 multistate tobacco deal. And it would end a painful chapter that grew out of the 2008 financial crisis.
--Criminal Justice Issues--
AREA MEN GUILTY IN MORTGAGE FRAUD SCHEME-- The Tampa Tribune, http://www2.tbo.com, Jan. 24, 2012.
The heads of a local mortgage company have been convicted of leading a mortgage fraud scheme against 10 lenders. William "Ondra" Joel, 32, of Oxford, and Maurice Vernon, 33, of Tampa, were convicted last week in U.S. District Court of conspiracy to commit mail fraud and wire fraud and making false statements on loan applications. The conviction followed a two-week trial. Joel and Vernon face a maximum of 20 years in federal prison on each of the 11 counts of wire fraud and mail fraud.
SUPREME COURT: WARRANT NEEDED FOR GPS TRACKING-- Daily Business Review, http://www.dailybusinessreview.com, Jan. 23, 2012.
The Supreme Court ruled unanimously Monday [Jan. 23] that police must get a search warrant before using GPS technology to track criminal suspects. The GPS device helped authorities link Washington, D.C., nightclub owner Antoine Jones to a suburban house used to stash money and drugs. He was sentenced to life in prison before the appeals court overturned the conviction. Associate Justice Antonin Scalia said that the government's installation of a GPS device, and its use to monitor the vehicle's movements, constitutes a search, meaning that a warrant is required. "By attaching the device to the Jeep" that Jones was using, "officers encroached on a protected area," Scalia wrote. All nine justices agreed that the placement of the GPS on the Jeep violated the Fourth Amendment's protection against unreasonable search and seizure. [The Daily Business Review no longer provides free links to articles.]
[Revised: 01-25-2012]
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