When reclusive Chicago resident Joseph Stancak passed away at 87, his neighbors were surprised to discover he was the “Millionaire Next Door." In fact, despite living like a miser, his estate is valued at $11 million — the largest unclaimed property amount in American history.
When someone dies, and property isn't claimed, assets in safe deposit boxes and money in bank accounts, mutual funds, and financial institutions go to the state treasurer's office as unclaimed assets. Similarly, any unclaimed life insurance benefits go to the state as well. The state holds these assets until someone files an unclaimed property claim.
Because Stancak died without a will directing who should receive his assets, he died intestate. His estate went to the Cook County probate court for his relatives to claim. However, Stancak never had children, and his six siblings died before him without any children of their own.
Noting the size of the unclaimed funds, Chicago attorney Kenneth Piercy petitioned the probate court to serve as the estate administrator. He searched records to put together a family tree, first going to Stancak's parents and then going back five generations to identify 191 family members, most of them living in Poland and Slovakia. However, before the court issued payments to his long-lost relatives in June of 2023, the court received a petition to enter Stancak's will into probate.
The will submitted in 2023 was purported to have been signed on August 19, 2015, roughly 18 months before Stancak died. The will beneficiaries of Stancak's estate are Smart Kids Child Care Inc. and Asad Mahmood, the company's president. The claimants' attorney, Gregory Markwell, said the will was drafted by John Alleman, an Illinois personal injury attorney, and that there were only two copies of the will: one went to Smart Kids Child Care, and one went to Alleman. Allegedly, Alleman was supposed to inform Mahmood when Stancak died. However, Alleman died in a plane crash months after the will's signature date and before Stancak died.
As a result of this newly found will, Cook County Judge Daniel O. Tiernan halted payments to Stancak's extended family members until the court determines if the will is legitimate. If the court finds the will is valid, the estate goes to Smart Kids and Mahmood, not his blood relations.
Although state law varies, generally a will must be in writing and signed by the willmaker, called the testator. The testator signs their will in front of two witnesses. If there is a dispute about the will's legitimacy, the court may call the witnesses to testify about the testator and the circumstances of the signing.
A court is looking to make sure the testator has a sound mind and is free from coercion, duress, or fraud. A sound mind means the testator intends to make the document their will, understand who their natural beneficiaries (family members) are, and know a will distributes their estate. A will can be declared void if a result of fraud, coercion, or duress.
It is unknown if the purported will had witnesses or if those witnesses are able to testify that Stancak signed the will voluntarily with the intent to make it his will.
Most states allow the use of a self-proving affidavit. The affidavit is a statement made by the two witnesses that they saw the testator sign their will, that the testator knew it was their will, and that the testator was of sound mind and free of coercion or duress. The witnesses sign in front of the testator and a notary. If a will has a self-proving affidavit, a court can use that as evidence of a validly executed will without needing witnesses to testify.
The entire story of Joseph Stancak's estate is, to quote Winston Churchill, “a riddle, wrapped in a mystery, inside an enigma." Nothing is known about how Stancak acquired his wealth as he lived meagerly. There are questions about whether any relationship existed between Stancak and Smart Kids Child Care and Asad Mahmood. And no one can find a copy of the will supposedly kept by Alleman.
Estate administrator Piercy disputes the validity of the will, arguing that a recluse would not leave where he lived in Gage Park to use an attorney in another part of the Chicago area, let alone travel to New York to sign the document. He claims the signature on the will does not match Stancak's previous signatures. He questions why the will was introduced seven years after Stancak's death and the resulting nationwide attention. To add to his suspicions, Piercey claims Smart Kids Child Care does not have a phone number or website, and their address in the Bronx is being used by another company.
The court will determine the will's validity and rule who is the rightful owner of the unclaimed money. This perfectly illustrates how careful estate planning could avoid potentially false claims to your estate. Even if you don't have an $11 million estate, you should take steps to make sure your money goes to who you want.
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]]>Fulton County District Attorney Fani T. Willis' racketeering case against Donald Trump and 18 of his lawyers, former lawyers, and allies appears to be gaining momentum.
First filed in mid-August 2023, the indictment lays out a long list of alleged crimes committed by Trump and his team in the aftermath of Trump's loss to President Joe Biden in the 2020 presidential election. Trump faces 13 felony charges in the case.
Many of the charges are predicated on or informed by Mr. Trump's well-publicized actions, including an infamous call between Trump and Georgia Secretary of State Brad Raffensperger in which Mr. Trump repeatedly urged Mr. Raffensperger to "find" exactly enough votes to overcome the lead by which President Joe Biden defeated him in the state even after the votes had been counted, hand recounted, and certified by Georgia's Republican election officials.
Mr. Trump and all 18 of his co-defendants pleaded not guilty to the wide range of charges against them. Four of the 18 have flipped their pleas from not guilty to guilty in the last two months.
The case against Trump and his team was brought against all 19 co-defendants under the Georgia Racketeer Influenced and Corrupt Organizations (RICO) Act, effectively linking the defendants together by arguing that they were acting together in pursuance of a shared criminal goal. The Act was originally intended to aid prosecutors' ability to link the higher-ups who gave the orders in criminal organizations with the subordinates who carried out the crimes – usually with the hope that the subordinates would make deals with the prosecution to provide evidence or testimony against their bosses in exchange for more favorable treatment. So far, the case is playing out like a quintessential RICO prosecution.
Four of Trump's co-defendants have flipped on him so far, including three of the lawyers he employed as part of his plan to overturn the election in Georgia.
Sydney Powell is a lawyer who was employed by Donald Trump in the aftermath of the 2020 election. She is best known for spreading widely debunked conspiracy theories, misinformation about the results of the election, and her promise of a massive trove of evidence of fraud that she called the "Kraken." This evidence never materialized, however.
Georgia prosecutors also criminally charged her for being heavily involved in a conspiracy to breach voting machines in Coffee County, Georgia, where she illegally collected voter information to unsuccessfully prove her claims of voter fraud. She pleaded guilty ahead of her trial and agreed to work with prosecutors in exchange for a lighter sentence.
Her deal included pleading guilty to six counts of conspiracy to interfere with election duties and admitting that she conspired with local election officials to breach voting machines in Coffee County. Provided she holds up her end of the deal – which may not be a given, considering the public statements she's made contradicting her plea agreement since it was struck – she will be compelled to testify against Donald Trump and other defendants and receive to up to six years of probation, a $6,000 fine, and $2,700 in restitution to replace the broken election equipment. She will also have to write a letter to the people of Georgia admitting and apologizing for her crimes.
Kenneth Chesebro was charged with helping develop and enact the Trump campaign's plot to subvert the election by selecting and putting forward slates of false electors in Georgia and six other states. Chesebro was the author of a series of memos that initially spelled out the fake elector strategy, helped coordinate Trump's efforts to enact the plot, and provided his co-conspirators with detailed instructions on how to create and distribute the false documents required to make the fake elector strategy work.
Chesebro's plea deal requires him to admit his role in concocting and implementing the plot, pleading guilty to one felony count of conspiracy to commit false documents, and testify against his other co-defendants.
His punishment includes five years of probation, $5,000 in restitution, and another letter apologizing to the people of Georgia for attempting to illegally overturn the election.
Jenna Ellis is an attorney with little to no experience in constitutional law who provided Donald Trump with advice on how to press then Vice President Mike Pence to disrupt, delay, and overturn the certification of the election. Despite the illegality and constitutional impossibility of the advice that Ms. Ellis offered, Mr. Trump both listened and attempted to put her plan into action. Mr. Pence ultimately refused, and the election was certified on January 6, 2021 after a delay due to the unprecedented insurrection attempt instigated by Mr. Trump.
Ms. Ellis pleaded guilty to a felony charge of aiding and abetting false statements and writings, and has agreed to fully cooperate with prosecutors moving forward. She will be required to serve five years of probation, pay $5,000 in restitution, and perform 100 hours of community service. She has already written her letter apologizing to the people of Georgia.
She also took the interesting step of giving a statement to the court, in which she implicated Rudy Giuliani for her actions and expressed remorse for her role. Her emotional statement in court was contradicted by public statements she made almost immediately afterward.
Fani Willis' team has reportedly proposed deals to at least six other co-conspirators in Mr. Trump's Georgia election fraud case. Several more major players have sought deals with prosecutors in the other cases currently facing Mr. Trump. It remains to be seen how many co-defendants ultimately become witnesses for the prosecution.
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]]>You can start as a micro-influencer with less than 100,000 followers and grow into a macro-influencer with 1 million followers. To start, you should create an Instagram account and marketing campaign to attract an engaged audience.
It is a good idea to plan how you will develop your Instagram profile and what content you want to feature before setting up your Instagram account.
The more you understand what you want your Instagram to promote, how it will look, and who you want to reach, the more successful you will be. Now, you are ready to set up an account.
It's simple to set up your new account, and we've laid out some steps that should help get you started.
You can choose between an Instagram Business Account or a Creator Account. The business account is designed for companies promoting their brands. The creator account is set up for influencers and content creators. If you currently have an account, you can change the settings.
If you have other social media accounts such as TikTok, LinkedIn, or Facebook, use the same image or profile picture for all to create brand recognition. If you are a blogger or have a website or podcast, include the link to it in your bio.
This is where you use your personality and creativity to attract views. Use Instagram stories or reels to engage your audience. Stories are short videos (under one minute) posted to your profile for 24 hours. Instagram reels are longer videos that stay on your account until you delete them. Develop high-quality content and set up a posting schedule.
Use Instagram analytics, called Instagram Insights, to find out how well your account is doing. The metrics show your number of followers and how many "likes" your post receives, among other information. You can learn about your followers and craft content for them or look for new ideas to attract a new audience. At the same time, consider collaborations with other influencers to help boost each other's visibility.
Here are some tips for Instagram influencers:
If you are serious about turning your Instagram influencing into a profitable venture, consider creating a limited liability company (LLC). An LLC is a business entity that separates your business profits and liabilities from your personal assets. If someone were to sue you for something you did as your Instagram business, they could only go after your company's assets and not you personally.
What could you be sued for? Some areas where social media influencers may get into trouble arise from:
Also, if you promoted a product and it injured your followers, they may try to sue for negligence. However, under negligence theories, they may be unsuccessful.
Whether you are a full-time influencer or post as a hobby, it is wise to set up and run your social media management to protect yourself from any liability arising from your digital marketing on Instagram.
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]]>In a recently announced settlement, the U.S. will grant legal status to children from migrant families who were separated at the border by immigration authorities under the Trump and Biden administrations.
The settlement results from a 2018 lawsuit filed by advocacy groups, including the ACLU, and it will apply to nearly 4,000 children separated from their families as part of a zero-tolerance policy toward unauthorized border crossings between 2017 and 2022. The agreed settlement is backed by the Department of Homeland Security, but it still awaits final approval from the judge presiding over the suit.
The status offered by the settlement is only a temporary legal status, which is not the equivalent of a “green card" or permanent legal residency and does not, on its own, provide any path to U.S. citizenship. The affected migrants will be able to apply for work permits and up to three years of legal residency in the U.S.
During those three years, the migrants will also have to ability to pursue asylum claims, and, if successful, those claims could lead to permanent legal residency in the U.S. The United States is obligated by treaty to provide asylum to any migrant who can prove they possess a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
Additionally, the settlement agreement requires U.S. officials to continue working to reunite families separated under the zero-tolerance policy and purports to temporarily bar the new implementation of any policy that leads to widespread separations.
The settlement also accounts for some of the basic needs of the affected migrants, by including housing support for up to one year and some basic health care, but the U.S. stopped short of providing any direct financial compensation to the affected families.
On its face, this settlement might appear to be a step forward for the cause of those who champion immigration rights, and indeed, the ACLU is claiming the settlement as a victory. After all, the Trump-era policy of family separation (which was continued after Trump left office) appears to have been repudiated. The current administration, for the time being, has conceded the position that widespread separation of families without individualized determinations of merit is improper. The affected migrants can at least breathe more easily knowing that their removal from the country no longer looms imminent.
On the other hand, the actual relief is somewhat scant, and the non-monetary assistance offered to these families could seem meager when compared to the lasting trauma of separating children from their parents for several years.
For example, a migrant family detained and separated in 2017 could have been forced to endure up to six years apart — only to be compensated by one year of housing assistance and three years of legal residency and possible work authorization.
Even worse, a family that arrived in 2017 with a colorable claim for asylum should have, according to the law, had up to one year from their entry into the U.S. to present that claim. Successful asylees are allowed to apply for lawful permanent residency (a “green card") after one year, so some of the families who benefit from the settlement will still find themselves delayed in their process to obtain permanent residency by several years.
In light of the 2024 presidential campaign season, the settlement is a shaky advance at best. Candidates are boasting of plans that call for tougher restrictions on border crossings and hardline immigration policies. Any new plan that causes widespread family separations could be pushed through under a carve-out for national security concerns.
The political reality of border policy is that it remains highly dependent on the current presidential administration, as no meaningful congressional action to change immigration law has occurred in the last twenty years. The biggest changes for immigrants and immigration lawyers in recent years have resulted from non-legislative policies like Obama's DACA program and Trump's Remain in Mexico policy.
As a result, immigrants and those who care passionately about immigration policy (regardless of their political stripes) will be watching closely to see who claims the White House in 2024.
Related Resources:
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]]>A federal judge in San Diego, California recently ruled that a background screening company Kentech Consulting must face a jury trial over claims that it got a woman fired because of an inaccurate and outdated report it produced back in 2014. Job seekers, potential job seekers, and anyone who may be worried about the contents of a future background check should pay attention to the outcome of the case, as it may have significant implications on how background checks are conducted in the future.
Virginia Abrogina applied for a job with a company called Alere, Inc. in January 2014. She got some good news soon after: Alere was interested in hiring her – they just needed a few pieces of information from her first. Alere referred her to a staffing agency called Suna Solutions, Inc. to finish the hiring process. Most job seekers and current job-havers know the deal: startup paperwork, maybe a drug screen, and a background check. Standard stuff.
Suna sent a request for a background check on Abrogina to Kentech Consulting, Inc. (also known as the Defendant) on February 10, 2014. It submitted its findings to Suna and Alere on February 11. Abrogina was fired on February 12, just two days after Suna requested the background check.
Kentech's investigation consisted of two steps.
Their exhaustive and well-researched search turned up something that Abrogina's new employer would probably want to be aware of: At some point in the past, Abrogina had been convicted of felony grand theft, for which she was sentenced to three years formal probation, a $680 fine, and restitution.
Employers are allowed to refuse to hire or terminate employees for any number of reasons, including the contents of an applicant or employee's background checks (within reason). Alere was technically allowed to terminate Abrogina's employment because of her criminal record, but there was a problem: Abrogina's conviction had been dismissed and expunged in September 2013.
Abrogina was understandably upset. Her case and conviction had been expunged from her record. Kentech shouldn't have been able to see it in the first place, let alone include it as part of their report. Not only that, the inclusion of the legally expunged conviction cost her a job that she'd earned through her hard work. She hadn't reoffended, she'd obviously completed whatever steps the court required to expunge the conviction, and was a good enough candidate to earn a job at Alere before being terminated. A reasonable person would be well within their rights to be at least a little irritated in her situation.
The first thing Abrogina did was send an email to Kentech requesting they update her report. Kentech contacted the San Diego Superior Court, verified that Abrogina's conviction had been expunged, and sent an updated report to Alere. Had Kentech done this in the first place, of course, the background check would have been accurate. Despite the clear mistake, Alere chose not to rehire Abrogina.
So Abrogina filed suit against Kentech and Alere. She alleged two claims against Kentech for violations of the Fair Credi Reporting Act, two claims against Alere for the same, and one claim against Alere for violating the California Labor Code.
The case progressed at a glacial pace. After questions about jurisdiction and several motions to dismiss and amended complaints, the case was stayed for nearly five years. Abrogina ultimately dismissed her claims against Alere. After five more months of arbitration, Abrogina alleged additional claims against Kentech under California law.
Abrogina is still fighting a fight that started nearly a decade ago. Those additional claims and an attempt to move for class certification were denied, so she's essentially back to her original claims: Kentech violated the FRCA, and they should be punished accordingly.
The court has denied Kentech's motions for summary judgment on Abrogina's claims. The trial is set to begin at the end of November 2023, just a few months shy of the 10-year anniversary of Abrogina's first interview with Alere.
If the case ends in Abrogina's favor, there's a good chance it will set a precedent that should give job seekers at least some comfort. It won't stop companies from looking at your criminal record, credit history, or any of the other personal information they can get their hands on, but it may increase the chance they'll be held liable for relying on inaccurate information that was obtained without doing enough verification. Unlike many other similar claims, Kentech did not mistake Abrogina's identity. Instead, they failed to be thorough.
Should Abrogina prevail, it may make companies like Kentech think twice about using shortcuts and potentially inaccurate or outdated sources of information to produce their reports – or else face possible liability for their mistakes like everyone else.
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]]>Carlee Russell said she saw a toddler walking along the side of I-459 in Hoover, Alabama. The boy was wearing nothing but a diaper, lacking any kind of adult supervision, and clearly up past his bedtime. This struck her as unusual. One doesn't normally expect to see unaccompanied babies taking nightly strolls along the side of interstate highways. The then 25-year-old Russell stopped on the side of the interstate and called 911 to report the incident, then called her brother's girlfriend to share what she saw.
Things went from strange to horrifying during the second call. Russell approached the child to offer help, then screamed. The line went quiet but stayed open. When police arrived at the scene they found Russell's car, her cell phone, her wig, and some other personal effects strewn about the road. Her car's engine was running. Her purse was inside, as were her AirPods and Apple watch.
The search for Russell began immediately. Russell's family joined the police as they scoured the immediate area, finding no other sign of Russell or the alleged child. Tips came flooding in from the community. One supposed witness claimed to have seen a gray sedan parked by Russell's vehicle and a tall man with khaki shorts on leaning into Russell's open door. Police found no evidence of such a person or his gray sedan on traffic cameras, though they did find some tire tracks in the grass nearby.
The signs pointed toward the worst possible outcome: Russell had been kidnapped, and the perpetrator had used a small child to lure her into their clutches. Russell's family feared the worst.
And then Russell just sort of showed up at home a couple days later.
Russell's family – and the police – were understandably confused when assumed kidnapping victim Carlee Russell knocked on her home's front door on Saturday night, about 48 hours after she'd disappeared.
Detectives questioned Russell soon after her return. She told them a wild story about a man with orange hair emerging from the trees, blindfolding her, bringing her to a house, and forcing her to get undressed. She managed to free herself after some time, she said, and made her way back to her house on foot. The police weren't convinced.
It didn't take long for Russell to admit that she'd made the whole thing up. There was no kidnapping, there was no orange-haired man, and there was no baby. Russell had just left her car, her phone, her wig, her AirPods, and her Apple watch sitting on the side of the interstate and disappeared for a couple days. She'd caused an incident that captured national attention for reasons that still aren't apparent.
This revelation made a lot of people very angry and was widely regarded as a bad move.
Hoover Police Chief Nicholas Drevis announced that Russell was to be charged with two misdemeanors: falsely reporting to law enforcement and falsely reporting an incident. This felt insufficient to many observers, and even to Drevis himself:
"I know many are shocked and appalled that Miss Russell is only being charged with two misdemeanors, despite all the panic and disruption her actions caused … Let me assure you, I too share the same frustration … Her decisions that night created panic and alarm for the citizens of our city and even across the nation as concern grew that a kidnapper was on the loose using a small child as bait."
The charges carried a bond of $1,000 each and are technically punishable by up to a year in jail and a $6,000 fine if convicted.
Russell apologized for her actions – though her motive is still unknown.
Prosecutors wanted Russell to be punished to the full extent of the law, including a year in jail. Russell's attorneys believed that was excessive given the misdemeanor charges and it being Russell's first offense. Alabama's municipal courts do not have jury trials, which Russell's lawyers feel would give her a better chance, so they opted to stipulate and appeal the case
Choosing to stipulate and appeal the case essentially meant that Russell would acknowledge the state's evidence against her and accept a guilty decision in municipal court with the stipulation that they would immediately appeal the decision and move the case to a circuit court, this time with a full jury.
As expected, Hoover Municipal Court Judge Brad Bishop found Russell guilty of both counts. Bishop ordered Russell to pay $831 for each misdemeanor charge, $17,874 in restitution to repay the city for the resources wasted in searching for her — as well as six months of jail time for each offense. Russell and her attorneys filed an appeal immediately and plan to have the case tried in a circuit court as soon as possible.
Russell's fate remains uncertain. It's anyone's guess how her eventual jury trial will turn out, and it's hard to say what kind of punishment the circuit court will recommend if she is convicted on one or both charges. Her actual motives behind her self-kidnapping are similarly unclear. Only one thing is for certain: You really shouldn't do stuff like that.
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]]>There are three essential documents for a simple estate plan:
These documents help let you know what your parents want if they become sick, unable to manage their affairs, or pass away.
A healthcare directive or advance directive combines a health care power of attorney with a living will. It allows your parent to name you or someone else to make their health care decisions if they are unable to speak for themselves. Due to HIPAA privacy concerns, medical professionals may not discuss their condition without one. And within a healthcare directive, your parent can specify what medical care and life-prolonging measures they want or don't want so their wishes are followed. A directive saves a lot of stress and conflict among family members. If these end-of-life decisions are left to your family, there may be arguments about what is best.
A financial power of attorney is helpful when your parent can no longer manage their finances independently. They can name you or someone they trust to handle their money, pay bills, and act in their best interest. If they are suddenly hospitalized, someone can keep up with bills, tax payments, and financial matters for them.
In a last will and testament, your parent names someone to handle their estate administration, distribute their money property to beneficiaries they choose, and provide for minor children or dependents. They can also make charitable donations. If a parent dies without a will, they are “intestate," and a probate court follows state laws to distribute their property. A will streamlines the probate process, saving time and money on legal fees.
With FindLaw Legal Forms and Services, helping your parents with the estate planning process can be easier than showing them how to operate their TV remote. However, you may want to consult an estate planning attorney if your parents:
However, estate planning conversations aren't just limited to legal documents. You should review bank accounts, life insurance policies, brokerage and retirement accounts, and real estate deeds to check and possibly update the beneficiary designations. Such accounts and policies transfer by the terms of their documents and not through a will. If no beneficiary is listed for an account, the account goes into probate.
Additionally, you may want to talk with them about their long-term care planning if they have an incapacity and can no longer take care of themselves or remain in their home.
Get to it! Your parents must execute their estate planning documents before facing mental difficulties such as dementia or Alzheimer's.
You can help them find an estate planning attorney, or if they have simple estate planning needs, they can use online legal forms to create their will, power of attorney, and healthcare directive. And helping with your parent's estate plan gives you peace of mind in knowing that you understand your parents' wishes.
But most importantly, it can spare you and your loved ones additional stress during a difficult time.
The post Do Your Parents Have an Estate Plan? Or Are They Planning on You To Sort It Out? appeared first on .
]]>Think of Facebook Marketplace as a localized eBay store, similar to Craigslist. You can view products on Marketplace and buy them by contacting the seller through Facebook Messenger. If you have products to sell, you can list the items on Marketplace with a description and photo. There is no charge to use Facebook Marketplace.
Whether selling a secondhand item or several products as an online business, listing items to attract potential buyers is easy.
If you have a Facebook account, you have access to Facebook Marketplace. If this is your first time listing an item, follow these steps:
Once you sell a product, it is important to mark it “sold" so other interested buyers know it is no longer for sale.
While it is easy to list items for sale, the more information and photos you include will increase your conversions. Here are some suggestions to help your sales:
There are certain steps you can take to avoid problems when selling your items. Following these guidelines will help to set you up for success.
Facebook Marketplace is an easy-to-use platform, but you don't want to break any rules. First and foremost, comply with the following Facebook Marketplace policies:
Additionally, Facebook Marketplace prohibits the sale of the following items:
Stay within Facebook guidelines. Otherwise, your account may be banned.
While Facebook Marketplace scams mainly focus on victimizing buyers, there are issues with fake buyers as well. For example, scammers may try to overpay you with counterfeit funds and then ask for a refund. Or they try to get your personal information to steal your identity or money. For example, the “buyer" may ask for your banking information to wire money. And you can communicate with the buyer through the Facebook app, so there is no need to share your phone number. Here are some other tips to avoid scammers:
If you have trouble with any buyers, report them on the Facebook app.
When arranging an in-person delivery with a local buyer, you should meet at a public place, such as a grocery store parking lot. Do not share your home address. Or, for larger items, contract with a third party to pick up and deliver items.
If someone uses a product properly but suffers injuries, they may have a cause of action under product liability theories. For example, suppose a manufacturer designed something improperly (a design defect), made a product improperly (a manufacturing defect), or did not correctly warn or label a product (marketing defect), and that product caused an injury. In that case, a plaintiff may sue under strict liability. But if you are reselling a product and the buyer suffers an injury, they may have a cause of action against the product's manufacturer.
However, if you manufacture the product you sell on Facebook Marketplace, you may be held responsible for your products.
Depending on your activity and profits, you may be liable to file and pay taxes on your earnings. Consult with your tax advisor to know if you have to pay taxes on Facebook Marketplace sales.
Many people use Facebook Marketplace for casual sales. However, if you are selling products as a business, you may have to follow state and local laws about licensing and permits.
If you plan to sell on Facebook Marketplace as a business, consider forming a limited liability company (LLC). An LLC is a business entity that separates your business assets and liabilities from your personal assets. In the event of a lawsuit, any claims or judgments go against the LLC. You protect your personal assets, such as your home. Another benefit for sole business owners is that an LLC allows you to file the profits or losses of your business on your personal income tax return to avoid double taxation.
Facebook Marketplace is a popular way to sell items as long as you comply with Facebook's terms. However, take steps to protect yourself from scammers and legal issues that could harm you or your business.
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]]>A financial power of attorney is an extremely helpful legal document when you can no longer manage your financial affairs due to an illness or incapacity. You name a trusted person to act as your agent or attorney-in-fact to pay bills and handle your banking transactions and financial matters. It is a significant responsibility because your agent can access your money and bind you to contracts. But they have a fiduciary duty to act in your best interest or are subject to civil or criminal penalties. A power of attorney is an integral part of a complete estate plan.
However, there are many cases when a bank or financial institution rejects a valid power of attorney. It can be extremely frustrating when there is a family emergency, and plans put in place beforehand don't work as expected. For example, you are an adult child and agent for your mother and need to access her bank accounts to pay bills when she can no longer manage them, but the bank refuses to follow her power of attorney document.
Recently, Kristen McDermott ran into this problem when Vanguard and USAA didn't honor her mother's power of attorney document. Even though she obtained a valid POA document from her mother when she had a sound mind, she couldn't use it when her mother subsequently had dementia. Vanguard rejected her valid POA in favor of their own in-house POA form, the Vanguard Agent Authorization form. And the issue with USAA? It only works with military members. Her mother is a member. McDermott was not.
Unfortunately, banks are inconsistent when dealing with power of attorney documents. Depending on which bank employee you deal with, you may get a different result. But generally, these are the reasons why a bank may reject your power of attorney document:
There are ways to improve your chance to have your power of attorney accepted by a bank or financial institution:
There are other methods to allow family members and loved ones to access your accounts, such as creating joint accounts or authorized signers. Still, those can cause further issues, so you should seek legal advice before adding someone to your account.
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]]>The US Department of Justice (DoJ) announced the unsealing of eight indictments in early October 2023. That isn't unusual, the DoJ indicts people all the time. What is unusual are the targets of these indictments: eight China-based companies and their employees. The indictments are built on prosecutions first announced in June 2023 and are the second set of prosecutions targeting China-based chemical manufacturing companies and Chinese nationals.
Why would the DoJ target Chinese companies and Chinese nationals? The indictments concern crimes relating to fentanyl and methamphetamine production, distribution of synthetic opioids, and sales resulting from precursor chemicals – essentially accusing these Chinese companies of Breaking Bad on an industrial scale.
Attorney General Merrick Garland stopped short of blaming China for all of America's drug problems, but made it clear that the "global fentanyl supply chain … often starts with chemical companies in China." Secretary of Homeland Security Alejandro Mayorkas echoed and expanded on the Attorney General's concerns in a press conference, then promised that the full weight of the federal government would be brought to bear in the government-wide fight against "…ruthless organizations and individuals resident in the People's Republic of China and to the cartel members who seek to profit from the death and destruction that fentanyl causes."
Secretary Mayorkas' rhetoric may sound hyperbolic if not for the sobering statistics attached to the nation's most dangerous intoxicant. As of 2023, fentanyl and its analogs are the leading causes of death for Americans ages 18 – 49. It is by far the deadliest drug threat that America has ever faced. The nation has seen a nearly 750% increase in fentanyl-related overdose deaths between 2015 to 2021, and there's little evidence of the trend reversing anytime soon.
The proliferation of the overdose-reversing drug naloxone and the associated sales and usage rates strongly suggest that the drug has saved thousands of lives, but so far it hasn't been enough. Overdose deaths continue to increase even among populations with easy and often low-cost access to the drug. The problem grows worse by the day – hence the government's arguably drastic actions.
The latest indictments mark the second step in the government's quest to crack down on Chinese companies and individuals for illegally trafficking fentanyl and the precursor chemicals used to produce fentanyl. The first blow came in June 2023 when the DoJ announced that they would pursue sanctions and charges against four Chinese chemical manufacturing companies and eight of their employees and executives. The Chinese Foreign Ministry called the first round of indictments "… bullyism that tramples on international law," a statement which would easily earn a high place on any list of the Top 100 Most Ironic Statements of All Time.
According to Drug Enforcement Administration Administrator Anne Milgram, the American fentanyl crisis is fueled by a global supply chain. It starts in China, where Chinese chemical manufacturers produce and export the precursor chemicals used to make fentanyl, fentanyl analogs, and dangerous additives like xylazine and nitazenes. The chemicals are then shipped to Mexico, where cartels turn them into fentanyl, then smuggle it across the border into the US. And it isn't even that cut-and-dried. The tendrils of the Chinese chemical manufacturers stretch across the world, sometimes bringing precursors, other times carrying fentanyl and its analogs – sometimes even accompanied by boasts of their ability to avoid US customs enforcement.
The scale of the problem is massive and, given the hands-on approach taken by the Chinese government, potentially state-sanctioned or even state-supported. It's no wonder, then, that the Biden administration has directed everyone from US Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) to Homeland Security Investigations (HSI), the Drug Enforcement Administration (DEA) and just about every other law enforcement agency to put their best and brightest to work on the issue.
The Biden administration has its work cut out for it. Stamping out illegal drugs has been a losing endeavor since the first volley in the war on drugs, and none of the previous problem-substances had the implicit backing of the second-biggest economy in the world. There are at least a few rays of hope, however: Operation Blue Lotus, Operation Four Horsemen, and Operation Artemis, all undertaken by the Department of Homeland Security.
Operations Blue Lotus and Four Horsemen led to 284 arrests and stopped 10,000 pounds of fentanyl (it takes less than a gram to kill an adult man) over two months earlier this year. Operation Artemis has followed up on their success and expanded to attack the fentanyl supply chain, thus far resulting in over 500 seizures that yielded over 12,900 pounds of fentanyl precursor chemicals, finished fentanyl, pill presses and molds, and other drug paraphernalia.
President Biden has made combating fentanyl a priority of his administration. And though the history of the war on drugs, the experiences of college students and club-goers across the country, and the lessons learned from Narcos and Breaking Bad strongly imply a low probability of success, the administration hasn't given up. Though the battle may be Pyrrhic, the tasks Sisyphean, it is a problem that needs to be addressed. Hopefully, this is just one more step in tackling America's fentanyl problem.
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