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Sham Marriage Trial May End In Mistrial

Posted on | September 3, 2010 | No Comments

The sham marriage trial of actress Fernanda Romero, which the judge has likened to a soap opera, appeared threatened with a mistrial Friday after a dramatic turn a day earlier.  Criminal charges were brought against Romero, a Mexican soap opera actress and model, and Kent Ross, a pizza delivery man and musician.  They were charged with committing marriage fraud after a jilted ex-lover, Markus Klinko, reported her to the Immigration and Customs Enforcement.  Romero allegedly paid her husband to marry her in June 2005 so that she could obtain a U.S. work visa.  Romero and Ross were both 23 when they had a Los Angeles wedding.  The wedding was attended by only a handful of people and there was no honeymoon, which Special Assistant U.S. Attorney James Left argued was evidence of a sham marriage.  When immigration agents conducted a surprise ‘bed check’ at Romero’s Los Angeles apartment in October 2007, they only found her. They later found Ross at a Hollywood apartment, they testified.  If convicted, both parties could get between 15 and 21 months in prison.  Full Article

Under federal law, if a New York Immigration Service suspects that an alien has entered into a sham marriage, that alien is subject to removal from the United States.  For that to happen, the marriage must be fraudulent at its inception or from the very beginning.  To determine whether the marriage was fraudulent at inception, the Immigration Service looks at several factors.  The overall issue is whether the bride and groom intend to establish a life together.  The government looks at both the subjective state of mind, as well as objective factors like the conduct of parties before and after the marriage is relevant. To prove validity of the marriage, the couple must present evidence which may include, but is not limited to, insurance policies, property, leases, income tax, bank accounts, etc.  Additionally, the couple must be consistent in its answers to the immigration officer.  A marriage entered into for the purpose of gaining citizenship carries severe penalties of up to a $250,000 and/or five years imprisonment.

The attorneys at Leeds, Morelli & Brown, P.C. are experienced in all domestic relations matters, and have represented families in Nassau and Suffolk counties, Manhattan, Queens, Brooklyn, Bronx, and Staten Island.  For any questions concerning domestic relations matters, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-888-556-2529.  Leeds Morelli & Brown P.C.’s divorce website is located at www.lbdivorcelaw.com.

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SeaWorld fined $75,000 for Animal Trainer Employee’s Death

Posted on | September 2, 2010 | No Comments

SeaWorld has been fined $75,000 by the U.S. Department of Labor’s Occupational Safety and Health Administration for three safety violations. One such violation has been classified as willful, after the death of one of its animal trainers in February 2010.   The agency’s investigation report “revealed that SeaWorld trainers had an extensive history of unexpected and potentially dangerous incidents involving killer whales at its various facilities, including its location in Orlando”.  The agency’s report also stated that management failed to make meaningful changes to improve the safety of the work environment for its employees.  There was no immediate response from SeaWorld.
See: http://news.blogs.cnn.com/2010/08/23/seaworld-fined-75000-after-death-of-animal-trainer/?iref=allsearch

The US Department of Labor promotes the welfare of wage earners by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements. In carrying out this mission, the Department administers a variety of Federal labor laws such as  those that guarantee workers’ rights to safe and healthful working conditions, a minimum hourly wage and overtime pay to name a few. See: http://www.dol.gov/compliance/guide/index.htm

The attorneys at Leeds Morelli & Brown, PC, are devoted to helping clients collect the compensation they have earned and the justice they deserve. If you or someone you know has been faced with a labor dispute, unpaid overtime, wage dispute, employer discrimination, has not been provided with safety precautions, or just looking to speak with an employment attorney, please contact Leeds Morelli & Brown, PC at 1-888-585-4658, One Old Country Road, Suite 347, Carle Place, NY, 11514-1851.

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Body of Woman Stolen at Suffolk County Cemetary

Posted on | September 1, 2010 | No Comments

Suffolk County police responded to a reported break-in at the St. Charles Cemetery on Monday, August 23, 2010.  During the break in, the remains of a female were removed from the cemetery.  Authorities said they believe more than one person was involved in the incident. Police report that the suspects hopped the fence to get into the cemetery and broke into three mausoleums before they removed the body from a crypt, 1010 WINS’ Carol D’Auria reports.  “We believe that human remains were removed from the casket and the cemetery property,” Suffolk County Deputy Inspector Robert Brown told CBS 2′s Scott Rapoport.  The body was that of a female buried 12 year ago.  Police said the perpetrators knew what they were doing, came prepared and that the suspects likely had to carry the body over the cemetery fence to get away, authorities said.  The cemetery is operated by the Roman Catholic Diocese of Brooklyn which released a statement saying, “It is incomprehensible that anyone would violate the sacred resting place of those that have passed from this world to eternal life.” CBS News Article

Under New York General Obligations Law, it is a tortious violation of an individual’s personal rights to misappropriate or mishandle a dead body.  An individual who violates these protected rights may be subject to legal action.  See: http://www.hg.org/torts.html

The attorneys a Leeds Morelli & Brown, PC, work hard to accommodate their client’s needs.  This dedication builds trust and provides value to the client in many ways. If you are under investigation in a criminal matter, or have been arrested and charged with a crime, a Leeds Morelli and Brown attorney can advise you of your rights and will during a free and totally confidential consultation. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

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Drug Enforcement Administration Seeking Ebonics Translators

Posted on | August 31, 2010 | No Comments

The DEA has issued a request for translators in 114 languages, including Ebonics. The Linguistic Society of America says Ebonics a valid dialect in which Ebonics is “a language form we have a need for,” the DEA says.  Critics are concerned about racial profiling resulting from assumptions made from a speaker’s dialect.  However, Ebonics is no longer spoken only by African-Americans, since many hold it to be an “urban language” or “street language.”   The term “Ebonics” is a blend of “ebony” and “phonics” which was a term coined in 1996, when in Oakland, California, the Unified School District proposed using it in teaching English. After controversy arose, the school board voted to alter the plan to recognize Ebonics as a distinct language.  The revised plan removed reference to Ebonics as “genetically based” or as a “primary language” of students.  The Linguistic Society of America, in a 1997 resolution, stated that, “Characterizations of Ebonics as ’slang,’ ‘mutant,’ ‘lazy,’ ‘defective,’ ‘ungrammatical’ or ‘broken English’ are incorrect and demeaning”.  U.S. English, a political advocacy group, which supports the DEA’s recruitment, made a statement saying, ”Having somebody to explain slang terms … spoken by a particular community is an advantage if it allows them to understand a conversation”.  See: http://www.cnn.com/2010/US/08/24/dea.ebonics/index.html?hpt=T2

Many laws and government agencies seek to protect against discrimination. Such laws and agencies incude: The Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Age Discrimination in Employment Act (ADEA), the Equal Employment Opportunity Commission (EEOC) and Title VII of the Civil Rights Act.  Specifically, they are intended to protect people from being treated differently by employers on the basis of their age, race, gender, religion, disability, national origin, sexual orientation and other factors. These important laws do not always stop discrimination from occurring, but offer aggrieved members of protected classes of people a method to obtain justice.

The attorneys at Leeds Morelli & Brown, P.C., dedicate a large amount of their practice to discrimination claims.  For any questions, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-800-585-4658. Leeds Morelli & Brown P.C.’s website is located at www.lmblaw.com.

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South Carolina Woman Forced Into Slavery to Stay Out of Jail

Posted on | August 31, 2010 | No Comments

A South Carolina bail bondsman has been charged with forcing a woman to cook, clean and do sexual favors for him in exchange for getting her out of jail, where she has a $16,000 bond posted against her name. The woman was arrested for driving under the influence and spent 12 days in jail before the $16,000 bond was posted.

Lexington County Sheriff James Metts said that 51-year-old Curtis Maroney told the 39-year-old woman he would revoke her bond if she didn’t obey his commands. After five days, investigators say Maroney drove the woman to visit her children at her father’s home and she called deputies. Maroney is charged with blackmail and trafficking in persons. He remains in the Lexington County jail. Fox News Article

In the employment context, Title VII of the Civil Rights Act and many state-level anti-discrimination and sexual harassment statutes prohibit sexual harassment in the workplace. There are two common types of sexual harassment: quid pro quo harassment and hostile work environment. Quid pro quo harassment may be a one-time occurrence or involve repeated behavior that requires one person to tolerate some form of sexual harassment in order to get a job, keep a job, get a raise or promotion, or to receive some other benefit. A hostile work situation typically involves repeated behavior that is abusive or offensive, or that interferes or alters the victims’ ability to perform their job. Employers that foster or otherwise allow these conditions to continue can be found liable for the conduct of the offending employees.

Leeds Morelli & Brown, PC is a recognized firm in the area of sexual harassment. Our firm has had considerable success in matters of civil litigation and discrimination throughout Long Island and the New York City area. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

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Trial Begins For Actress Accused Of Fraudulent Marriage

Posted on | August 30, 2010 | No Comments

Authorities have charged a Mexican born actress and her US citizen husband with entering into a fraudulent marriage to gain permanent resident status in the United States. Assistant U.S. Attorney James Left showed a picture of Fernanda Romero and Kent Ross on their wedding day but said the appearance was deceptive. Left states that, “It was a sham marriage.” Romero and Ross have each pleaded not guilty to charges of marriage fraud and making false statements. If convicted, they could each face a maximum prison sentence of five years. Prosecutors claimed that since their marriage in June 2005, they have maintained separate homes, dated other people and repeatedly lied on immigration forms. Prosecutors will present witness testimony from people who claim Romero and Ross told them the marriage was a fraud. The government claims Ross was paid $5,000 to marry Romero so she could obtain permanent resident status. Defense attorneys deny this assertion and hold that the couple has an unconventional yet passionate relationship and are still married. While marriage fraud cases are often handled in administrative immigration proceedings, the state will pursue criminal charges in this case because there was overwhelming evidence the marriage was fake.  Romero who has been living in and out of the U.S. for a decade, was a member of the Mexican pop group Fryzzby and had a small role in the 2009 film “Drag Me to Hell.” Full Article

Under NY Domestic Relations law, annulment renders marriage voidable, not void by focusing on the spouse’s status on date of marriage.  Grounds for annulment in NY are (i) infancy, (ii) physical or mental incapacity on the marriage date, (iii) fraud, and (iv) duress.  There is no right to an annulment it is always discretionary with the court.  Testimony of one spouse is not allowed and testimony must be corroborative.  Fraud is the misrepresentation or concealment of information by one fiancée prior to the marriage that goes to an essential aspect of that marriage that is calculated to deceive a reasonably prudent person. When a spouse consents to the marriage contract, but the consent is obtained by fraud, then the marriage is voidable.  To constitute fraud, the spouses fraudulent statements must have been a material inducement for the plaintiff to enter into the marriage contract. Annulments will not be granted if any time before commencing the action the plaintiff voluntarily cohabitated with the defendant with full knowledge of the fraud.  The statute of limitations to bring a claim for Fraud is limited to three years which begins to run on the date in which the fraud takes place.  It is important to note that changing your mind after your married is not considered to be fraud in the inducement.

Leeds Morelli & Brown P.C. is an experienced domestic relations firm in New York that works hard to achieve divorce judgments that are in the best interests of their clients.  The firm handles a full range of domestic relations issues including annulments based on fraud, bigamy, incest and infancy, as well as issues related to spousal maintenance and the equitable distribution of assets for divorce judgments.  If you are seeking a separation agreement, divorce action, annulment or other family law action please contact Leeds, Morelli & Brown, PC at 1-800-585-4658 for a free consultation or view their web page at www.lmblaw.com.

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JetBlue Flight Attendant Quits In Dramatic Fashion

Posted on | August 30, 2010 | No Comments

On August 9, 2010, JetBlue flight attendant Steven Slater decided he had had enough so he cursed out an entire aircraft, grabbed a beer and then exited the plane by deploying the emergency slide.  Now, Slater is being hailed as the working class hero.  As the plane taxied at New York’s JFK Airport, Slater tried to assist a woman who was struggling with her carry-on luggage.  The woman allegedly “maliciously” hit him on his head with her luggage.  That’s when Slater apparently grabbed the plane’s intercom and made an expletive-laced speech, grabbed a beer from the galley, opened the door and slid down the emergency evacuation chute.  Slater, who lives in the Belle Harbor section of Queens, New York, has been charged with criminal mischief, reckless endangerment and criminal trespass.  Despite his pending criminal charges, Slater has received much recognition for his dramatic exit off the plane.  Full Article

Many working class individuals day dream of quitting their job “Slater style.”  However, before you quit your job in a grandiose manner, you may want rethink your strategy if you plan to apply for unemployment benefits.  According to the New York State Department of Labor’s website, your unemployment benefits may be denied in the following circumstances:  if you were fired because your employer alleged that you violated a company policy, rule or procedure, such as absenteeism or insubordination; because of a disagreement or dispute with a boss or co-worker; or you were fired for any other reason;  if you quit your job;  if you are unemployed because of a work stoppage in the last 49 days which was conducted in violation of an existing collective bargaining agreement in the establishment in which you were employed. It is not necessary that you are actually participating in the strike, but only that you are not working because of the strike in the facility in which you worked.  For more information, please visit the NYS Department of Labor’s website:  NYS Dept of Labor

Leeds Morelli & Brown, PC is a nationally recognized firm in the area of employment law.  Our firm has had considerable success in matters of employment discrimination throughout Long Island and the New York City area.  For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.



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New York Legislature Passes No Fault Divorce Law

Posted on | August 27, 2010 | No Comments

On August 15, 2010 Governor David Paterson signed no fault marriage into law in New York State.  After decades of debate, New York State finally has a no-fault divorce option that allows spouses to terminate their marriages within six months of stating under oath their unions are “irretrievably” broken.  Paterson said that the no-fault law, A9753/S3890, will bring the state’s divorce laws into the “twenty-first century” when the new law takes effect October 12, 2010.  The change in divorce law has been widely supported by attorneys and court officials.  Supporters said the bill would end a pervasive pattern of perjury in divorce courts. Opponents, including the Roman Catholic Church, said the law will lead to higher divorce rates. NY Times Article

The cause of action for divorce in New York state (accusations against the defendant by the plaintiff that are grounds for divorce) are limited to:  Cruel and inhuman treatment;  Abandonment for a continuous period of one year or more;  Imprisonment for more than three years subsequent to the marriage; Adultery; Conversion of a separation judgment;  Conversion of a written and acknowledged separation agreement after living separate and apart for more than one year;  The relationship between husband and wife has broken down irretrievably for a period of at least six months.

The law firm of Leeds, Morelli & Brown, P.C. have represented clients in Nassau and Suffolk counties, Manhattan, Queens, Brooklyn, Bronx, and Staten Island in domestic relation matters.  For any questions concerning divorce or other domestic relations matters, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-888-556-2529. Leeds Morelli & Brown P.C.’s divorce website is located at www.lbdivorcelaw.com.

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Sea World WhistleBlower: Trainer Death Caused by Park’s Negligence

Posted on | August 26, 2010 | No Comments

Former SeaWorld safety chief Linda Simons claims she was fired for talking too much to federal investigators following the February death of trainer Dawn Brancheau by the killer whale Tilikum. Simons, who started work at SeaWorld in Orlando one week before the drowning, has filed a federal whistleblower complaint.  Simons says that just two weeks before the drowning, SeaWorld held a safety drill that went so badly – staffers did not show up or barely paid attention – that it was scheduled to be repeated a month later.  However, before a new drill could be conducted, on February 24, 2010, the 6 ton killer whale Tilikum pulled trainer Brancheau under by her ponytail, dragged the trainer around the tank, scalping her and breaking her neck as well as drowning her, as tourists watched in horror.  The response was very chaotic.  It took 30 minutes to retrieve her body.  ABC News Full Article

Linda Simons was fired from her job at SeaWorld in the wake of the investigation.  Simons claims SeaWorld withheld documents from Occupational Safety and Health Administration investigators and blocked interviews with trainers that might have been critical.  Simons is now speaking out on what she calls questionable or even dangerous safety practices at the Florida park that could result in another tragedy.  Sea World released a statement regarding Simons’ accusations and saying she “used the threat of negative publicity to seek a sizable monetary payment from SeaWorld in exchange for her not going public with these false allegations.”  Read more: NY Daily News Full Article

Under New York Labor Law §740, public and private employers cannot discipline or take retaliatory action against employees who disclose or threaten to disclose activities, policies or practices that violate laws or regulations or threaten public health or safety.  The protections extend to public employees who disclose to a governmental body information that they reasonably believe to be an improper governmental action.  Aggrieved employees can sue for reinstatement, back-pay and benefits and may be entitled to courts costs and attorney fees.  A prevailing employer may recover court costs and attorney fees if the suit is not based on law or fact.

The attorneys of Leeds Morelli and Brown, P.C. are experienced and determined employment law practitioners who will fight hard to make sure your rights are preserved.  If you find your employer is engaging in questionable discriminatory behavior, we urge you to contact an attorney at Leeds, Morelli & Brown, P.C. for a free consultation at 1-888-585-4658 or our firm’s website at www.lmblaw.com.

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Tiger Woods Divorce Finalized

Posted on | August 25, 2010 | No Comments

Tiger Woods and Elin Nordegren appeared in a Florida courtroom on August 23, 2010, to finalize their divorce.  This comes nine months after that mysterious car crash Thanksgiving night in Isleworth, Florida.  The couple married in October 2004 in Barbados and have a 3-year-old daughter, Sam, and a 19-month-old son, Charlie.  The marriage was described in court documents as “irretrievably broken” with no point in trying to reconcile.  Although the terms of the divorce were not disclosed, source with some knowledge of the divorce dismissed reports that Woods would pay $750 million. More recent reports put the figure at between $100 million and $150 million. A definite term of the divorce is that Woods and Nordegren will “share parenting” of their two children.  A term that most say Woods must have given a high monetary amount for the arrangement.  Full Article

Custody is the legal responsibility for the care and control of your minor child.  In New York, parents are responsible to support their child until twenty-one years of age.  Under New York law, custody is separated into legal and physical, and each are addressed separately in a custody order.  Legal custody is the right to make major decisions about your child, including where your child goes to school, whether your child gets surgery, and what kind of religious training your child receives.  Physical custody is the actual physical possession and control of a child, including issues of who the child lives with on a day to day basis.  The court will make custody arrangements by considering what is in the best interest of the child.

The law firm of Leeds, Morelli & Brown, P.C. have represented clients in Nassau and Suffolk counties, Manhattan, Queens, Brooklyn, Bronx, and Staten Island.  For any questions concerning domestic relations matters, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-888-556-2529. Leeds Morelli & Brown P.C.’s divorce website is located at www.lbdivorcelaw.com.

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