Winiker Law Firm, PLLC Visit us at www.WinikerLaw.com

New Website - New Blog!

noreply@blogger.com (Winiker Law Firm, PLLC) — Mon, 04 Feb 2013 01:04:00 +0000

Please visit us at WinikerLaw.com for the most up-to-date information, as well as the new home for the firm's blog.

Contact the firm if you need assistance with a state or federal criminal investigation, grand jury subpoena, white collar, healthcare, mortgage fraud, or state or federal criminal charges – including Mecklenburg County traffic and misdemeanor cases.

Winiker Law Firm, PLLC
435 East Morehead St
Charlotte, NC 28202
Phone: (704) 333-8440
Fax: (704) 831-5274
info@winikerlaw.com

iPad in the Courtroom- My Yellow Pad and Briefcase, all-in-one

noreply@blogger.com (Winiker Law Firm, PLLC) — Mon, 29 Oct 2012 20:10:00 +0000

Last spring, my mother suffered an injury that left her, temporarily, unable to use her computer mouse. As she is a very wired person, my sister and I thought it best to buy a tablet so that she can keep up with her busy, digital life during recovery. I bought one for myself too, despite having held off temptation for so long. I thought it would be just a toy.

I was very wrong.

United States Courthouse,
Western District of North Carolina, Charlotte

I use my iPad every day. In court, I often take only the iPad with me. I am not only able to keep up with emails (on a bigger screen), but also record notes, time, and other events more efficiently too. Those notes are sent to my email - or sent to my assistant.

One of my favorite applications is, simply, Notes. A yellow pad with a keyboard that not only lets me take notes, but I can quickly email them as well. If you have an Apple computer, it syncs to the iCloud. I do not use a cell connection on my tablet - WiFi only- so those emails are sent out the next time my tablet connects with a network. Regardless of where I am, I can take notes that will be almost instantly used by my assistant to draft correspondence, billing, etc - and saved on my computer, in my email, etc., so they are searchable anywhere if I need to find old notes.

A similar application I purchased is called AudioNote. It's a legal pad and recorder combined into one. You can open a PDF document in it - takes notes that can be saved as text files - and also record notes for later playback. Perfect for reviewing a document with a client, taking notes, and recording comments (if you can't type quickly enough.)

If you like dictation, Dragon Dictation has an iPad application that works well - but does not have the convenience of the microphone/dictation button that is on the iPhone keyboard (if you have an iPhone - use it for dictating letters, emails, etc. Its function is far more accurate than Siri. I had hoped, in vain, that the dictation button on the keyboard might have been included in the latest iPad update - I found that update, sadly, only took away one of my favorite applications - GoogleMaps... [See Gizmodo: Apple’s New 3D Maps Are an Apocalyptic Horror Show])

But in addition to Notes, my second favorite application is iBooks. If you are emailed a PDF document (or open one from the DropBox iPad app [See Importing PDF to iBooks using DropBox], or open in Safari), click the symbol in the upper right corner to select where to send the document. If you open it in iBooks - it's there to stay - regardless of whether you are on the internet.

That feature is perfect to have documents ready for court. I keep a copy of the sentencing guidelines there - anything I might refer to frequently.

The work friendly applications on the iPad have allowed be to say goodbye, or at least
à bientôt, to my bulky courtroom briefcase.

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For any questions regarding criminal charges, law enforcement investigation, United States Attorney grand jury subpoena, federal indictment, computer crimes, white collar criminal (fraud) charges, or any Mecklenburg County state charges, contact the Winiker Law Firm (www.winikerlaw.com) at (704) 750-9212 or info@winikerlaw.com

Detainers, Writs and Fugitives

noreply@blogger.com (Winiker Law Firm, PLLC) — Wed, 12 Oct 2011 02:04:00 +0000

Christian Hoel, Asst Public Defender Laura Jackson, and I presented a CLE today that was hosted by the Mecklenburg County Public Defender's Office and the Federal Defenders of Western North Carolina, Inc. on the issues of the Interstate Agreement on Detainers, other detainers, fugitives and writs. The Interstate Agreement on Detainers (IADA) is codified in North Carolina General Statute 15A-761. The corresponding Federal Statute can be found in 18 USC App 2.

As described in Article 1, the IADA was created to set up uniform rules for the transfer of prisoners between states who face charges in multiple jurisdictions:

The party States find that charges outstanding against a prisoner, detainers based on untried indictments, informations, or complaints and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party States and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations, or complaints.

The IADA contains a section whereby a prisoner can request trial within a 180 period - so long as the procedures in the IADA are strictly followed. (Article III) State can also use the Act to request prisoners from other jurisdictions.

While not strictly an IADA issue (the Act only applies to pending "new" criminal charges - not allegations of probation violation or supervised release violations), a criminal defense attorney should be aware of a 'catch 22' that can arise when a client has both state and federal charges that may be resolved close together. If a defendant is arrested and originally in state custody, then later charged with a federal offense (or SRV allegation) - and prosecuted by federal authorities on a writ - that defendant will be returned to state custody (presumptively with a federal sentence). If an arrangement is worked out for concurrent time to that federal sentence - despite an otherwise valid concurrent sentence - the state will retain the defendant. After serving that state sentence, the defendant would then be transferred to serve the federal sentence. In short, who had primary jurisdiction is an important issue to keep in mind when working out a concurrent sentence across jurisdictions - or a defendant may be required to serve out an unintentional consecutive sentence.

Christian Hoel provided an excellent summary of some successes he has had in Superior Court in properly enforcing the 180 time limit for prosecutions in IADA cases.

Laura Jackson reviewed the requirements for fugitives and the time limit for a Governor's Warrant. Robert Farb's outline of the State of North Carolina Extradition Manual would be helpful resource for extradition and fugitive questions.

For any questions regarding criminal charges, a law enforcement investigation, United States Attorney grand jury subpoena, federal indictment, computer crimes, white collar criminal (fraud) charges, or any Mecklenburg County state charges, contact the Winiker Law Firm at (704) 750-9212 or info@winikerlaw.com

Winiker Law Firm in the News

noreply@blogger.com (Winiker Law Firm, PLLC) — Fri, 26 Aug 2011 11:55:00 +0000

Feds: Charlotte mom wanted hitman to silence witness in diamond heist trial (VIDEO)

By Derrick Rose, Reporter CHARLOTTE, NC (WBTV) - A federal grand jury indicted a Charlotte mother on 3 counts of trying to kill or hurt federal witnesses in the trial of men accused in a cross-country diamond heist crime spree, according to records filed in U.S. District Court.
According to the 3 page indictment, Brittany Ladd, 22, "did knowingly attempt to kill V.L. with the intent to prevent the attendance and testimony of V.L. in an official proceeding." The records also said Ladd wanted to have another witness intimidated with the "threat of physical force."

See WBTV for video

Ladd's defense attorney Rick Winiker, painted a different picture of his client that is a contrast to the mugshots taken by police.

"Brittany is a full-time student, single mother of 2 young children," he told WBTV, "this has been devastating for her; she's been separated from her children." Ladd's Facebook profile listed her as a student at Central Peidmont Community College.

Winiker said Ladd has the complete support of her family and friends in Charlotte.
That was evident at the bond hearing where Ladd's relatives filled the public seating area. Her parents pleaded to U.S. District Court Judge David Keesler to grant a bond for Ladd to allow her to care for her young children.

"All of her friends and family have rallied around her and offered their unconditional support," Winiker said.
Winiker said Ladd has been cooperative with FBI investigators, even voluntarily turning over her cell phone as evidence of her innocence. During the bond hearing, Winiker said the FBI informant 'Ray' pressured Ladd to meet with he and the undercover agent via text messages.

Winiker said Ladd was a person who was easily manipulated by the informant.
He said the informant was unreliable because the only reason the informant reached out to the feds about the alleged plot was to get out of his own legal problems.
Judge Keesler ordered Ladd held without bond.

The Charlotte Observer also included a story:

Pleading her case"This has been devastating for her," Winiker said. "She has been separated from her children. She's a lifelong resident of the Charlotte area and has the unconditional support of her family, friends and church community.
"She hopes to get this matter resolved as quickly as possible so she can be reunited with her children."
At a hearing this week, Winiker argued that a government informant had persuaded Ladd to hire a hit man and had set up the meeting with the FBI agent posing as a hit man.
The defense lawyer said the informant suggested to his client that she hire a hit man, communicated with her multiple times and sent her money to help her pay her rent. That was done, he said, to manipulate her into attending the meeting with the undercover agent. Winiker called that entrapment.
The indictment against the five men alleges that the defendants conducted surveillance on jewelry stores and identify security vulnerabilities and store employees they could target to steal diamonds.
The stolen diamonds would be transported to Philadelphia to be sold at another jewelry store, according to the indictment. The conspirators would divide the profits after the sale of the diamonds.
Jewelry stores targetedOne court document says that Victor Lupis told authorities that he was part of a nationwide diamond theft enterprise that targeted jewelry stores across the country.
Lupis said he and Trey Adams stole jewelry in Nashville in February, according to one court document.
Lupis said he stole rings valued of more than $270,000, the document says, and that he and Adams traveled to Philadelphia to sell the diamonds. They were paid $64,000 by a jeweler.

Read more: http://www.charlotteobserver.com/2011/08/27/2556921/murder-plot-leads-to-charges.html#disqus_thread#ixzz1WEA0qHVa

MacBook Not Connecting to Wireless Network FIXED

noreply@blogger.com (Winiker Law Firm, PLLC) — Sat, 08 Jan 2011 03:57:00 +0000

Following my blue screen of death incident before the end of the year, I upgraded to a MacBook Pro - it's my first foray into the world of Apple computing - and it's been a generally excellent experience so far. Among other concerns that have been allayed, I have not had a problem accessing files on my networked backup server.

One problem, however, was access to my home wireless network. It is a Belkin router with WPA encryption enabled. The MacBook accessed it properly earlier - but stopped working entirely a few days ago.

A quick internet search revealed that this is not a unique problem. I followed a number of basic and advanced self-help guides that included:

Start/restart the router and modem
Verify the password and encryption settings (use WPA) via ethernet connection to the router (use Explorer or Safari with an ip address of 192.168.1.1 [Linksys] or 192.168.2.1 [Belkin and others])
Delete existing settings by navigating to Finder-Mac HD-Library-Preferences-System Configuration and delete the files marked airport preferences and network identification - empty the trash and restart the computer => try to log back on to the network

All of that didn't work - AND your PC is accessing the wireless network without a problem? Don't spend 40 minutes on hold with Apple Care like I did - change the password. That's right - I changed the password and was able to log in without a problem.

Maybe it's coincidence, or something that contributed to the problem, but it also helped my Droid X access the wireless router - I had also experienced Wi-Fi conection problems with that device as well.

EDIT - I have also noticed when connecting to a friend's network, etc, a conflict or connectivity problem arises when I try to connect both the macbook and another wireless device such as Wii or Droid. As explained above, the password change solves it - but I find I have to turn one off if it would be otherwise impolite to ask to change the wireless password. I have not thoroughly researched the phenomena - or experimented with re-creating it - merely anecdotal observation at this point.

For any questions regarding criminal charges, a law enforcement investigation, United States Attorney grand jury subpoena, federal indictment, computer crimes, white collar criminal (fraud) charges, or any Mecklenburg County state charges, contact the Winiker Law Firm at (704) 750-9212 or info@winikerlaw.com

News Roundup 2010

noreply@blogger.com (Winiker Law Firm, PLLC) — Fri, 07 Jan 2011 13:36:00 +0000

Winiker Law Firm in the News, 2010
Cyberbullying

Matthews Police Department Charge Local man under new Cyber-Bully Statute

Arts' attorney defends his client, saying there can be many different interpretations of the law.
"It can be very subjective and in this case, the Matthews Police, while they're doing their best to help the community, in this case jumped to conclusions," said Rick Winiker, Arts' defense attorney on cyberbullying,

Click here for Video

Prosecutors Drop Charge of Cyberbullying

"My client is relieved that the district attorney's office eventually did the right thing and dismissed these charges," Winiker said. "He would like to focus on moving on with his life and putting all of this behind him"

Winiker Appointed Trustee for missing attorney, Lyle Yurko
High Profile Attorney Missing for Months

Video here

Additional Video Here

A Charlotte attorney has seemingly disappeared and now the state bar is taking action.

Many of Lyle Yurko's friends say they haven't seen him for months. Neither have his clients.

"His friends are very concerned for him and they wish him the very best," said attorney Fredrick Winiker, who has been appointed trustee over Yurko's practice. "It's very unusual. It's a process that is designed by the state bar to help address situations where there is a sole practitioner attorney."

Other Stories in 2010

Gang Members Good Kids who fell into Wrong Crowd

Police Seek Suspect in Shooting

Charlotte at dusk

noreply@blogger.com (Winiker Law Firm, PLLC) — Fri, 07 Jan 2011 02:54:00 +0000

Charlotte at dusk

The Charlotte skyline at dusk as seen from Morehead Street.

For any questions regarding criminal charges, a law enforcement investigation, United States Attorney grand jury subpoena, federal indictment, computer crimes, white collar criminal (fraud) charges, or any Mecklenburg County state charges, contact the Winiker Law Firm at (704) 750-9212 or info@winikerlaw.com

Study Linking Vaccinations to Autism Reported to be Fraudulent

noreply@blogger.com (Winiker Law Firm, PLLC) — Thu, 06 Jan 2011 13:38:00 +0000

The Sunday Times, NPR and other media outlets report that the 1998 study by Andrew Wakefield linking the Mumps Measles and Rubella (MMR) vaccinations to increased incidents of autism worldwide was based on altered and fabricated data. That report led to a sharp decrease in vaccinations by parents concerned about autism - as well as increases in measles infections in England and the United States.

NPR reports

The analysis, by British journalist Brian Deer, found that despite the claim in Wakefield's paper that the 12 children studied were normal until they had the MMR shot, five had previously documented developmental problems. Deer also found that all the cases were somehow misrepresented when he compared data from medical records and the children's parents.

Wakefield could not be reached for comment despite repeated calls and requests to the publisher of his recent book, which claims there is a connection between vaccines and autism that has been ignored by the medical establishment. Wakefield now lives in the U.S. where he enjoys a vocal following including celebrity supporters like Jenny McCarthy.

McCarthy and others have been staunch supporters of Wakefield, who has been stripped of his medical license in Great Britain in 2010. His paper was retracted by the British medical journal The Lancet in February 2010. McCarthy, and Jim Carey, issued this statement last year, saying in part:

The press has been deeply misled in the way The Lancet retraction, and Dr. Wakefield’s mock trial, have been characterized. Led by the pharmaceutical companies and their well-compensated spokespeople, Dr. Wakefield is being vilified through a well-orchestrated smear campaign designed to prevent this important new work from seeing the light of day.

British journalist Brian Deer authored a new article for the Sunday Times on his investigation of Wakefield and his work. The original Wakefield article in the Lancet was later renounced by 10 of its 13 authors.

For any questions regarding criminal charges, a law enforcement investigation, United States Attorney grand jury subpoena, federal indictment, computer crimes, white collar criminal (fraud) charges, or any Mecklenburg County state charges, contact the Winiker Law Firm at (704) 750-9212 or info@winikerlaw.com

The New Year, Computer Security and the Blue Screen of Death

noreply@blogger.com (Winiker Law Firm, PLLC) — Sun, 02 Jan 2011 19:54:00 +0000

December 30, 2010, 9:30 am - I was on the phone with my accountant, David McClure, discussing end of the year tax records and new equipment purchases for 2011, when I mentioned that my Dell laptop, almost four years old, was showing signs of fatigue.

She overheard me.

20 minutes later - catastrophic hard drive failure. I've since removed the drive from my laptop and bought an enclosure, but I don't yet know if any data can be recovered.

Today, before you renew your gym membership or start buying organic/local foods - take the time to back up your hard drive AND change your account passwords.

For small business owners who are doing their own IT work - it's easy to let the weekly backups slip to the bottom of the 'to do' pile. But especially if you are using Outlook - key documents and emails may disappear at the drop of a hat. (Remember - look for that *.pst file - which is the heart of where Outlook stores your emails and attachments)

Massive storage has never been cheaper. Ads in today's paper are running specials on one terabyte (TB -1000 gigabytes) drives for $70. As a part of my unexpected computer upgrade over the last 48 hours, I picked up a 2 TB external hard drive on Amazon for $99. TigerDirect is a great website for screaming deals on external drives and other computer accessories. If you aren't into clicking and dragging and want an easy backup process - Clickfree offers some great products for easy backup.

While I was upgrading my system this weekend to a new MacBook Pro (aside: the key Microsoft Office suite programs are available for $120 for a Mac) - I was reminded during checkout that my credit had been compromised last year (I had to answer a myriad of questions from the bank to confirm my identity).

I think it's also worthwhile to take a few minutes to log into your bank, email, insurance and credit accounts and update your passwords. Compromise could occur through a phishing scam - but even if you think that could never happen, that you're safe from key loggers, white vans with antennas outside your home monitoring encrypted signals, etc, it just takes a minute - and I think better safe than sorry.

For any questions regarding criminal charges, a law enforcement investigation, grand jury subpoena, federal indictment, computer crimes, white collar criminal (fraud) charges, or any Mecklenburg County state charges, contact the Winiker Law Firm at (704) 750-9212 or info@winikerlaw.com

American Psychiatric Association updating to DSM V in 2013 to include Broader Diagnosis for Disorders

noreply@blogger.com (Winiker Law Firm, PLLC) — Thu, 30 Dec 2010 15:01:00 +0000

While many attorneys deal with the Diagnostic and Statistical Manual of Mental Disorders (DSM) in the context of criminal competency examinations, the news about the coming changes in DSM V have other, broad implications for mental health care, education and drug company profits.

The National Institute of Mental Health (NIMH) and the American Psychiatric Association (APA) initiated a DSM-V Research Planning Conference in 1999. Work groups are developing draft updates to the chapters of the existing DSM IV. The American Psychiatric Association reports

The work groups began meeting in late 2007. While the 13 work groups reflect the diagnostic categories of psychiatric disorders in the previous edition DSM-IV, it is expected that those categories will evolve to better reflect new scientific understanding. With the understanding that some continuity from DSM-IV to DSM-V is desirable to maintain order in the practice of psychiatry and continuity in research studies, there has been no pre-set limitation on the nature and degree of change that work groups can recommend for DSM-V.

However, NPR has run an interesting piece highlighting how the updates, which will include broader definitions of many disorders, can dramatically impact school funding for special education programs, as well as drug company bottom lines.

But [the DSM revision is] not without controversy: The proposed changes suggested this year have sparked a kind of civil war within psychiatry .... Allen Frances, [ ] blames himself for what he calls the "Epidemic of Asperger's." Frances edited the last edition of the DSM, and he's also the new DSM's most prominent critic. Frances is the one who put the word Asperger's in the DSM in the first place, thereby making it an official mental disorder.

That report chronicles the impact of the broader definition of the disorder to drive an "over diagnosis" of the condition to allow for increased funding for special education, as well as patient demand for new drugs marketed to adults and children.

For any questions regarding criminal charges, a law enforcement investigation, grand jury subpoena, federal indictment, cyber bully or cyber stalking law, computer crimes, white collar criminal (fraud) charges, or any Mecklenburg County state charges, contact the Winiker Law Firm at (704) 750-9212 or info@winikerlaw.com

Free Medical Clinic to Open Christmas Eve in Yakima, WA

noreply@blogger.com (Winiker Law Firm, PLLC) — Fri, 24 Dec 2010 02:03:00 +0000

Congratulations to Dr. Ryan Crafts and a team of health care professional volunteers who will open a new, free clinic at the Union Gospel Mission in Yakima, Washington on Christmas Eve.

Dr. Crafts has been tireless in coordinating donated equipment, supplies and volunteers which, admittedly, only begins to scratch the surface of a massive need for basic medical care of thousands of area residents and itinerant workers.

As Dr. Crafts explains:

A mess of health care workers have volunteered to run a clinic by appointment from 9-3 tomorrow Christmas Eve. It's pretty sweet little clinic with dental chairs and dental xrays in a couple rooms and 2 small medical exam rooms. There's not a lot of medical supplies like injectables and lab testing supplies and stuff but we'll get supplies as we go.

Itsa free clinic and we're starting out with just seeing folks living at the mission and working/volunteering at the mission. Plus I'm allowed to schedule my own home-visit/email patients in there too.

We'll be doing a walk in clinic for the mission folks on Christmas from 1-5 if anyone wants to stop by and bring us food :)

Donations will be accepted through the Union Gospel Mission in Yakima once arrangements have been made on their website. Yakima is located in south central Washington and has an economy fueled primarily by agriculture. Much of the nation's apples, pears, cherries, hops, as well as Washington wines are produced in the region.

FCC Approves Net Neutrality Rules for Wireless and Broadband Internet Providers

noreply@blogger.com (Winiker Law Firm, PLLC) — Wed, 22 Dec 2010 01:53:00 +0000

CNET reports the FCC has approved new rules regarding net neutrality. This is a much debated issue that affects wireless and fixed broadband internet users. It is a question of whether an internet provider such as Comcast and Time Warner Cable can block or significantly slow traffic of certain internet sites.

For example, if Time Warner is tired of Netflix taking away too much of its On Demand business - just put the breaks on Netflix streaming to its internet subscribers - make all internet traffic from that site painfully slow or blocked altogether. Why not block Google or Yahoo too if it suits them? Republicans have generally opposed Net Neutrality rules (keeping internet service providers from blocking or limiting traffic from certain websites).

CNET reports:

The new Net neutrality rules adopted Tuesday essentially create two classes of service subject to different rules: one that applies to fixed broadband networks and one for wireless networks. The FCC says this is necessary because wireless networks are technologically different from fixed broadband networks.

The first rule requires both wireless and wireline providers to be transparent in how they manage and operate their networks.

The second Net neutrality rule prohibits the blocking of traffic on the Internet. The rule applies to both fixed wireline broadband network operators as well as to wireless providers. But the stipulations for each type of network are slightly different.
For fixed broadband networks, operators cannot block any lawful content, services, applications, or devices on their network. Wireless providers area also prohibited from blocking Web sites, but the rule is slightly more lenient when it comes to blocking applications and services. The rule only prohibits these companies from blocking access to applications that specifically compete with a carrier's telephony voice or video services. In each case, the blocking rule also allows fixed and wireless broadband providers to reasonably manage their networks.

And finally, the last rule applies only to fixed broadband providers. It prohibits fixed wireline broadband providers from unreasonably discriminating against traffic on their network.

It remains unclear whether federal courts recognize the authority of the FCC to enforce Net Neutrality rules.

If you have questions regarding internet crime, federal investigations, grand jury subpoenas or other state or federal civil or criminal law issues, call the Winiker Law Firm, PLLC, www.winikerlaw.com, (704) 333-8440

Update for Google Chrome browser released today

noreply@blogger.com (Winiker Law Firm, PLLC) — Wed, 20 Oct 2010 01:19:00 +0000

October 19, 2010

www.winikerlaw.com

I have been a fan of the Google Chrome browser for about a year now - and today an update has been published that claims any bugs (I never saw them) are now resolved.

It starts fast, loads web pages fast, the web address bar doubles as an easy google search tool, and it has extensions for my favorite google products like Google Voice (Voice-mail for cell, work or home - transcribes and emails messages - truly 'visual voice-mail' .... and free). While some of the features I like in Chrome have been adopted in Explorer and Firefox, they don't do it like Chrome.

Give Chrome a shot - I think you'll like it.

Google Chrome Releases: Stable Channel Update

For any questions regarding a law enforcement investigation, grand jury subpoena, federal indictment, cyber bully or cyber stalking law, computer crimes, white collar criminal (fraud) charges, or any Mecklenburg County state charges, contact the Winiker Law Firm at (704) 750-9212 or info@winikerlaw.com

Searching Digital Images on your Computer, the Internet and Google Goggles

noreply@blogger.com (Winiker Law Firm, PLLC) — Sun, 10 Oct 2010 18:05:00 +0000

October 10, 2010
www.winikerlaw.com

A mixed topic, but the common theme in this article is digitized images - pictures that (usually) have been taken by a phone or other device, or (as in the old days) scanned in after a roll of film had been taken by horseless carriage to the corner store to be developed. I learned, while with the Department of Justice*, is that each digital image contains metadata, and other data that makes them unique.

You can alter a picture on Photoshop - but a true copy of a picture will have all the same ones and zeros as the original. This means there is a way you can make sure the digital picture you have is a complete duplicate of another picture. (The explanation is way oversimplified - primarily for me - but there's a concept called Hash Function involved too)

All that means a couple of things at home and on the internet. If you are like me, you take dozens of pictures of the kids and family every weekend, download them to the computer every few months - but not deleting old pictures you already downloaded. You end up with hundreds or thousands of duplicates.

Two programs that search your computer's images for exact, or comparable metadata that work great are:

Awesome Duplicate Photo Finder

It has an easy interface - select the folder you want to search (My Pictures) and it scans the computer for duplicates.

For me, it helped me find other folders with a lot of duplicates - using the program to actually delete them was time consuming.

Easy Duplicate Finder

The interface appears more intimidating - but it does the same thing - and pulls up files in a way that you can delete a batch at a time. I have not played around with it enough though to trust it entirely yet - just used it to identify duplicate folders at this point.

There are search engines that purport to index the same information from the internet to find the same information, such as Tin Eye - but have not seen a dramatic application or functionality.

A search on Tin Eye using the DOJ logo from CCIPS (Computer Crime and Intellectual Property Section, USDOJ), where you inset the link of the logo (picture) - told me the logo has been copied onto a number of websites, including UK based pornography enthusiasts, and more benignly, a USA Today blog.

A screenshot of the search:

Facial recognition software made available in Google image searches caused a real dust-up a few years ago. Companies that offered it took it off the market. Google apparently used it in their image search functions, but my research shows they dropped it circa 2007.

They have now released an interesting new product - Google Goggles - an app for a Droid or iphone that allows you to photograph a building, monument, etc, and run an internet search to pull information about that image. It is essentially image recognition to identify the object (Big Ben, Eiffel Tower - but does it have the Penguin?)

When first released over a year ago, the question of facial recognition created a furor. According to the Daily Mail, Google says:

Google spokesman Anthony House said: 'We do have the relevant facial recognition technology at our disposal. For instance with our Picasa picture service a user can tag a friend in their photo album and it will search for and tag any other pictures of that person. 'But we haven't implemented this on Google Goggles because we want to consider the privacy implications and how this feature might be added responsibly. 'So if someone uploads a picture of a stranger on Goggles there is no process to identify them and the search will come up with "no matches found."

'We will have talks with privacy advocates and consumers before we consider any changes - it may be people want such a service, but we don't have a rigid timescale on when any decisions will be made.'

While facial recognition is mostly out of the hands of the general public, it's a tool that exists for some right now - and may bring very interesting uses for business and government. Imagine surveillance cameras identifying faces, then running automatic internet searches - cross referencing shopping or web surfing history - and producing an individual ad right there in the shopping aisle for a product it thinks you want - or sending a note to the mall cops to pick you up on an outstanding warrant? Some people may start wearing sunglasses more when they go shopping.

*[I was a line Asst. US Attorney in Spokane and Yakima, Washington- and worked with "Main Justice's" CEOS -Child Exploitation Section and CCIPS -Computer Crime Section in national investigations as well as conducted and organized classroom training]

For any questions regarding a law enforcement investigation, grand jury subpoena, federal indictment, cyber bully or cyber stalking law, computer crimes, white collar criminal (fraud) charges, or any Mecklenburg County state charges, contact the Winiker Law Firm at (704) 750-9212 or info@winikerlaw.com

Winiker Law Firm current events

noreply@blogger.com (Winiker Law Firm, PLLC) — Tue, 20 Jul 2010 03:27:00 +0000

Winiker Law Firm

I am teaching a seminar on evidence in federal and state while collar fraud trial - NBI in Charlotte, North Carolina Applying the Rules of Evidence: What Every Attorney Needs to Know
See a News 14 Carolina story on a recent Matthews arrest - an interesting case on a new cyber bully law - Also reported in the Charlotte Observer

For any questions regarding federal indictment, grand jury subpoena, cyber bully or cyber stalking law, white collar criminal defense, or any Mecklenburg County charges, contact the Winiker Law Firm at (704) 333-8440 or info@winikerlaw.com

Trips for Kids Charlotte - an inexpensive 'new' bike for your kids - support a great nonprofit cause

noreply@blogger.com (Winiker Law Firm, PLLC) — Mon, 17 May 2010 15:56:00 +0000

I have been a loyal supporter for Trips for Kids Charlotte for over four years.
(Located on the corner of 15th and N.Davidson Charlotte, NC, 28202 - Phone: (704) 236-5474 - Mon - Thurs: 6:00 pm - 8:00 pm - Sat: 10:00 am - 4:00 pm)

I have three young children - and as they grow out of everything in the blink of an eye, it has been a fantastic way to trade up to 'new' (gently used and expertly refurbished) bikes, while supporting a great local nonprofit who is bringing bikes, programs on responsibility and fun to local disadvantaged kids. This is one of their programs:

The Earn-A-Bike Program offers kids a chance to earn their own bike by completing a series of hands-on lessons in basic bike mechanics and bike safety, which also focus on personal responsibility, achievement and self-empowerment. This program is available to individuals or groups from TFKC’s target populations. The organizations that bring children to the Ride Program have traditionally been the same organizations that send children to the Earn-A-Bike Program. The Re-Cyclery hopes to open this program to adults referred from area social service agencies who need transportation options to access employment.

I have traded up bicycles through the bike recyclery - each bike has been checked out by a volunteer staff person - and frankly, you can't find a better deal.

My daughter grew out of two bikes last summer - it's an inexpensive way for her to keep riding on a bike that's right for her.

This is my team last Saturday where we bought a tricycle and two 18" mountain bikes that looked new to me - total price of $170.

Donate your bikes - money - and buy your kids' next bikes form there - my kids love it - and my daughter and niece learned to ride without training wheels in 5 minutes from a helpful staff member!

They were featured a few years ago on CBS Evening News:

Topton, NC and the Nantahla National Forest

noreply@blogger.com (Winiker Law Firm, PLLC) — Sun, 18 Apr 2010 16:29:00 +0000

Beautiful week courtesy of the happy Zabel Family in the Nantahla National Forest last week

Rafting courtesy of the Nantahala Outdoor Center. We were the only ones to run on what turned out to be the only day of bad weather. Of course, I popped out.

Sunscreen debate

noreply@blogger.com (Winiker Law Firm, PLLC) — Sat, 27 Feb 2010 16:34:00 +0000

I have loosely been following reports that the most common ingredients in traditional sunscreen have been big factors in melonoma, hormone issues, etc (just putting them on - without adding sun). Instead, sunblocks are recommended - which are not pretty as they go on thick and white before blending in - zinc oxide and titanium dioxide. One article, however, slams titanium dioxide - and also slams nano zinc particles because of the potential to disrupt cells.

Here's a list of pure and mixed sunblock products first - One pure one available at CVS - see links I've found to a few helpful articles that lay out the debate.

Blue Lizard Australian Sunscreen SPF 30+
SKU #334057
(Active Ingredients: Zinc Oxide (10%), Titanium Dioxide (5%).)

CVS/pharmacy
CVS Sunblock With Zinc Oxide Spf 45+
(Ingredients - mixture - sunscreen and sunblock

Octinoxate 7.5%; Octocrylene 8.0%; Zinc Oxide 6.86%)

Blue Lizard Australian Suncream SPF 30 Baby - a pure sunblock with both zinc oxide and titanium dioxide.
Neutrogena Sunblock Lotion Sensitive Skin SPF 30 - a pure sunblock with just titanium dioxide

Sunscreen with Sunblock

Many more products are available which combine a sunscreen with a sunblock to help get broad spectrum UVA and UVB protection, including:

Aveeno Baby Continuous Protection Sunblock Lotion SPF 45 - a good sunscreen, plus has both zinc oxide and titanium dioxide.
Banana Boat Baby Tear Free UVA & UVB Sunblock Lotion SPF 50 - a sunscreen with the sunblock titanium dioxide
Banana Boat Sport Ultra Sweatproof UVA & UVB Sunblock Lotion SPF 30 - a sunscreen with the sunblock titanium dioxide
Blue Lizard Australian Suncream SPF 30+ Face - a sunscreen with zinc oxide
Blue Lizard Australian Suncream SPF 30+ Regular - a sunscreen with zinc oxide
Blue Lizard Australian Suncream SPF 30+ Sport - a sunscreen with zinc oxide
Bull Frog SuperBlock Sunblock Lotion with SPF 45 - a sunscreen with the sunblock titanium dioxide
Coppertone Kids Spectra 3 SPF 50 Sunblock Lotion - a sunscreen with zinc oxide
Coppertone Water Babies SPECTRA3 Sunscreen Lotion SPF 50 - a sunscreen with zinc oxide
Hawaiian Tropic 45 Plus Sunblock - a sunscreen with the sunblock titanium dioxide

Here's an article:

Sunburn Prevention: Are Sunscreens Safe?

by Jane Sheppard

It seems to lay out the debate well - here's an excerpt:

Many popular sunscreens contain the chemical ingredient Benzophenone (or its derivatives Benzophenone-3 or Oxybenzone) since it is one of the best of the chemical sunscreens in protecting against both UVA and UVB rays. However, sunscreens containing these chemicals are NOT a good choice. Here is an instance in which the protection may create more harm than good and actually cause the disease it's trying to prevent. Benzophenone is a powerful free radical generator activated by ultraviolet light. These free radicals could initiate a reaction that may ultimately led to melanoma and other skin cancers.
Studies show that some of the chemicals in sunscreens are absorbed into the bloodstream in significant amounts. The longer sunscreen chemicals are left on the skin, the greater the absorption into the body. One study notes "it would be prudent not to apply oxybenzone to large surface areas of skin for extended and repeated periods of time, unless no alternative protection is available. There may be an additional concern for young children who have less well-developed processes of elimination, and have a larger surface area per body weight than adults."
Many sunscreen products contain triethanolamine (TEA). This ingredient may combine with nitrite (used as a preservative or may be present as an environmental contaminant) to cause formation of cancer-causing nitrosamines. Nitrites are not disclosed on cosmetic labels so there's no way of telling which products are contaminated with nitrosamines. Particularly disturbing is that up to 35 percent of TEA applied to the skin can enter the bloodstream.
Physical barrier-type sunscreens such as titanium dioxide and zinc oxide are assumed to be safer products. However, research now shows that though titanium dioxide sunscreens are safer than products containing chemicals such as benzophenone, they are not something we should be putting on our children's bodies on a regular basis. Titanium dioxide has the ability to cause DNA damage in human cells and there is concern that it may be carcinogenic.
Zinc oxide is a mineral that provides complete UVB/UVA protection, has anti-inflammatory properties, and is considered a safe sunscreen ingredient. Zinc oxide is the only FDA approved sunscreen for use on children under 6 months of age. However, the regular form of zinc oxide leaves a strong white residue on the skin. To create a clear skin product rather than one that leaves a white residue, zinc oxide is now made in the form of nano-size particles. There is growing concern about the toxicity of nanoparticles, which has initiated a world-wide effort to study the skin absorption and phototoxicity of nanoparticles of preparations used in sunscreens and cosmetics. At this time, the safety of nanoparticles has not been proven, so caution is prudent, especially when using these products on children.

This is the CDC study that has led to some of the debate:

Concentrations of the Sunscreen Agent Benzophenone-3 in Residents of the United States: National Health and Nutrition Examination Survey 2003–2004

A non-profit called the Environmental Working Group has led the charge -

The bodies of nearly all Americans are contaminated with a sunscreen chemical that has been linked to allergies, hormone disruption, and cell damage, according to a new study from the Centers for Disease Control (CDC). A companion study from the Mt. Sinai School of Medicine found that the same chemical is linked to low birth weight in baby girls whose mothers are exposed during pregnancy.
The chemical, oxybenzone, is widely used in sunscreens. Environmental Working Group's (EWG) analysis of ingredient labels found that nearly 600 sunscreens sold in the U.S. contain oxybenzone, including products by Hawaiian Tropic, Coppertone, and Banana Boat. Although oxybenzone is most common in sunscreen, companies also use the toxic chemical in at least 567 other personal care products, including lip balm, lipstick, moisturizers and fragrance for women.
Oxybenzone was last reviewed for safety in the 1970’s but since then significant new evidence has been published on its toxicity and pervasive exposure. A recent review by the European Union found insufficient data to determine whether oxybenzone in sunscreen is safe for consumers

Looking for a reliable business solution for Mobile Wireless Internet? #in

noreply@blogger.com (Winiker Law Firm, PLLC) — Thu, 07 Jan 2010 02:58:00 +0000

(October 9, 2010) Winiker Law Firm

I am a big Verizon fan - and while I know they offer a thumb drive wireless internet device for around $50 per month to access their wireless internet network - Clear has proved for almost a year to be a reliable and cheaper alternative for my office as well as mobile internet needs.

(No, I am not advertising for them - I just get excited when I find a product or service that actually does what it is supposed to...)

Clear provides entirely wireless internet service through 4G Wimax towers. The wireless modem (basically radio antenna) needs to be near a window. Otherwise, you can then plug the antenna into your wireless router to share the connection with whatever you have hooked up to your router.

Here's the antenna I have for work which is about the size of a linksys modem on it's side:

Speeds have been decent - not blazing - but for $30/month it's not bad as Time Warner would charge me - $70! Speedtest.net rates me at about 4.5 mpbs, but with a 160+ms latency.

I have now purchased the thumb drive-sized antenna to use around town, in court, etc - total cost for unlimited use for both devices: $50. I have gotten good reception on the thumb device in most metropolitan areas - and even was able to get some spotty internet connection on a train ride from DC to Charlotte - but the reception would not be as universally available as a Verizon antenna, for instance. I was not able to get a signal at the federal courthouse in Statesvlle, NC. Still, I have found it to be a reliable and economical solution for mobile and home/office internet.

Please Support Rick Winiker in December 17 Bar Election for District Court Judge Nomination

noreply@blogger.com (Winiker Law Firm, PLLC) — Mon, 23 Nov 2009 17:15:00 +0000

I am asking for your support in the upcoming bar election for the vacant district court seat. I am sending this note to my friends and colleagues now before I send out an email to all bar members closer to the election December 17th. In the meantime, please forward this note to any attorney you believe may be interested in learning more about my candidacy for the bar election.

Please also send me a reply if you are able to support me in the form of allowing your name to be added to a letter that will be sent to all bar members. I would also appreciate it if you would introduce me to the attorneys in your office – if you can help there as well, please let me know. Thanks!

S. FREDERICK (Rick) WINIKER, III, 43, is a Charlotte native and a 1985 graduate of East Mecklenburg High School. After college, he served as a second lieutenant in the U.S. Army in Operations Desert Shield and Desert Storm. He has tried dozens of cases in state and federal courts. He has argued several cases before the U.S. Court of Appeals for the Ninth Circuit (http://openjurist.org/222/f3d/1129/united-states-of-america-v-joe-john-kafka-iii), as well as the Fourth Circuit (http://pacer.ca4.uscourts.gov/opinion.pdf/084291.P.pdf).

Since returning to Charlotte in 2005, he opened his own successful full service practice, The Winiker Law Firm, located in the Mayes House on Morehead Street (www.winikerlaw.com). Mr. Winiker’s current practice and his past work as an assistant district attorney allow him to bring significant district court experience to the role of district court judge.

MECKLENBURG COUNTY ASSISTANT DISTRICT ATTORNEY 1995-1998

ASSISTANT UNITED STATES ATTORNEY, UNITED STATES DEPARTMENT OF JUSTICE 1999-2005 Criminal Prosecutor, Asset Forfeiture Chief, Civil Litigator, Eastern District of Washington (State – Spokane, WA)

ASSISTANT DIRECTOR, UNITED STATES DEPARTMENT OF JUSTICE Office of Legal Education - Cybercrime Chief 2004-2005

SENIOR LITIGATION ATTORNEY, Shumaker Loop and Kendrick 2005-2007

GONZAGA UNIVERSITY SCHOOL OF LAW JD, cum laude, 1995
WAKE FOREST UNIVERSITY BA, History, Minor in German 1989

S. Frederick Winiker, III, Esq.
Winiker Law Firm, PLLC
www.winikerlaw.com
435 East Morehead Street
Charlotte, NC 28202-2609
Office: (704) 333-8440
Fax: (704) 831-5274

Winiker Law Firm

noreply@blogger.com (Winiker Law Firm, PLLC) — Wed, 11 Nov 2009 18:54:00 +0000

See the website for other links and updates:
www.winikerlaw.com

S. Frederick Winiker, III

Law firm that represents individuals and businesses in Civil and Criminal Litigation including complex business disputes, federal fraud investigations including Health Care, as well as state and federal criminal defense.

Civil and Criminal experience in Federal District Courts, U.S. Courts of Appeal, North Carolina Superior Court, North Carolina Business Court and the NC Court of Appeals and Supreme Court.

Areas of concentration:

Civil Litigation, Criminal Fraud, Criminal Corporate Defense, Criminal Defense, Computerized Courtroom Litigation

C Nicks Williams

noreply@blogger.com (Winiker Law Firm, PLLC) — Fri, 06 Nov 2009 10:59:00 +0000

Beloved and respected federal prosecutor C. Nicks Williams died on Tuesday, November 3, 2009, doing what he did best: trying a case to a jury. Shortly before closing arguments were to commence, Nicks fell ill and collapsed in the federal courthouse. He was rushed to Presbyterian Hospital where he passed away surrounded by friends and family.

Nicks came to the US Attorney’s Office in 1996 on a one-year detail from his position an Assistant Regional Counsel with the Department of Energy. Based on his experience with complex environmental issues, Nicks was assigned a number of difficult environmental crimes cases. He quickly developed a rapport with state and federal investigators. Nicks was reappointed for a second term in 1997 and continued to work primarily on environmental cases, including a complex matter involving illegal discharge of hazardous materials into the ground water. During his second year with the office, Nicks became the go-to prosecutor for the Secret Service as its role in the investigation of access device fraud expanded into the realm of identity theft. Nicks also agreed to accept responsibility for a new Department of Justice initiative involving the prosecution of delinquent child support cases.

Based on Nicks’ outstanding performance, he was offered a position as a full-time Assistant in 1998. Shortly thereafter, Nicks was given a new assignment to head up the “Project Sentry” program to curtail gun violence in schools. Nicks, as the father of three sons, readily accepted the challenge and quickly developed a separate protocol for elementary, middle, and high schools in the district, rivaling McGruff the Crime Dog in its effectiveness and entertainment value. Nicks spent countless hours speaking to students as only Nicks could do: with sincerity, humor and candor. Somewhere along the way, Nicks also persuaded management to allow him to assume primary responsibility for the prosecution of National Forrest and Park and Reservation cases. With his steady diet of out-of-the-mainstream cases from our nation’s forests and parks, Nicks would grin and introduce himself as the “Small Crimes” Chief for the Western District, an appellation that he considered an honor and a privilege. Nicks easily transitioned into the world of illegal firearms cases, violent crimes, and finally to Organized Crimes/Drug Enforcement Task Force cases. And, when the Office was restructured leaving a vacancy in two different positions, Nicks volunteered to fill them both. The result of his altruism was that he carried an incredible caseload, including the monthly indictment of between six and a dozen cases, many of which went to trial. In fact, over the last several years, Nicks has averaged at least one trial per month and often several during the same trial term, all the while maintaining his travels to the Western part of the state to retain his position as the Coordinator for the prosecution of National Forrest and Park cases. Somehow, Nicks found time to take young law students along to give them the benefit of his wisdom, experience, and noteworthy trial skills. Never complaining, despite his burdensome caseload, rarely even asking for assistance, and only accepting help with the promise to repay at least two-fold, Nicks went about his business as the district’s trial dog cheerfully and diligently. One of Nick’s favorite lines when asked whether he felt overwhelmed was, “No, I’m just grateful to be here.” And, despite his numerous contributions to the Office’s mission, he seemed to truly believe that he was simply repaying some long-ago repaid debt.

No tribute to Nicks would be complete without at least a brief acknowledgment of his a tremendous sense of humor, more often than not at his own expense. He was the perennial master of ceremonies at office events, the toastmaster for office farewells, and the good natured wit who alternated between “stirring the pot” and poking fun at himself in emails as a means of helping prosecutors retain perspective. And, when it came to shouldering the work, no one was quicker to assist a colleague by covering a hearing or an entire week of hearings, usually with his standard line: “Just get me the file, or some facts, or the name of the defendant if you got that.” No one in our office caused more laughter, or was better liked. Nicks was an instant friend to all. Nicks leaves behind his “lovely wife, Elizabeth,” as he referred to her, and three fine sons, Walker, Ross and Davis, who will undoubtedly miss the patriarch of their family beyond measure. His devotion to his family was evident. Nicks was devoted to his work, but always seemed to understand that family was most important: Nicks found the time and energy to take a trip with his wife, visit one of his sons at school, or attend a sporting event where his boys were participating at every turn. No words of comfort from this office can possibly fill the void left in their lives by Nicks’ passing. But, they should know that he loved them deeply and spoke of them in tenderness and pride. Nicks’ family should also understand that they are not alone in their grief. Nicks served our country for thirty years. Those of us in Charlotte, in particular, who have come to know and love Nicks, through our professional and personal associations with him for the last thirteen plus years, will miss him like family in our own way and for our own reasons. And, he will be remembered, with respect for his sacrifices to the people of this district, and fondly for his charm, his humor and his endearing camaraderie. He will always be our first, our last, and our only Small Crimes Chief. And, he will eternally be our friend.

UNITED STATES ATTORNEY’S OFFICE

WESTERN DISTRICT OF NORTH CAROLINA

Acer Aspire One

noreply@blogger.com (Winiker Law Firm, PLLC) — Sat, 17 Oct 2009 14:23:00 +0000

I love my little Acer - but recently had problems with distorted sound - acted like there were memory problems. The issue came and went - then remained. It happened with any sound - audio or video playback (youtube - flash - quicktime off of a local file, etc). Even after startup, the windows music would be slow, garbled and distorted.

I did this:

Use the eRecovery tool to reset to factory specs. [Start - Programs - Acer Empowering Technology - Acer eRecovery Management]

But it came back again -

But here's a better solution

What I did to fix it was to go to the HARDWARE part under the SYSTEM options (Control Painel). Under the IDE Controllers part I had PRIMARY IDE and the INTEL one. What I did was right click and select UNINSTALL on the IDE one… When I rebooted the whole machine was way faster, specially sound playback. Under the IDE Controllers I still get the same icons (Primary IDE and the Intel one) but I’m 100% sure that this was the cause of the fix.

Open device manager through control panel > System >

Then dial up IDE Controllers, right click on primary IDE channel and uninstall

A more elegant solution - the behavior leading up to the problem seemed like more of a memory issue - it started again when I was watching several youtube videos over an hour or so