Georgia Trial Lawyer Blog

On Friday, a Watkinsville, Georgia physician assistant, Ulys Randall Riner, pleaded guilty in Newton County to running a Ponzi scheme in which he stole more than $4.5 million from investors. Prosecutors believe that Riner stole from more than 20 Georgians, and that most of the victims were his friends.

The Atlanta Journal Constitution has the story.

Riner was arrested in 2006 for using a strategy called “factoring” in which he sold fraudulent promissory notes to investors. Specifically, Riner would use the money attained from investors to buy discounted accounts receivables on government contracts. Prosecutors allege that he told the investors that they would receive a full return. He would then sell the promissory notes through his business, Express Factors. He would take that money and pass it on to other companies, and when those companies failed, he used funds from new investors to hide the money that was lost.

Riner was indicted in 2006 on 29 counts for selling unregistered investments and was set to go to trial on October 26. However, he entered a guilty plea on October 23 in which he agreed to pay back $2 million to investors. The plea stated that he will pay $125,000 within 60 days and then $2,000 per month. Investors are set to be paid based on a percentage of what they gave Riner. That amount ranges from $2,000 to $650,000. In addition, he agreed to 17 years on probation with two years in a work-release program. The judge also let Riner plead first offender which may help him keep his medical license.

This criminal prosecution may also lead to a civil suit against Riner and other responsible parties. Our business fraud attorneys have successfully represented several clients who have fallen victim to Ponzi schemes and other unscrupulous investment practices. In our experience, the criminal justice system may punish the offender and force some restitution, but it often fails to fully compensate a victim of investment or business fraud. A good business fraud attorney will work with prosecutors, law enforcement and investigators to find every possible source of money an offender has to ensure that the victim is fully compensated for his losses in civil court.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

In May of 2008, a man working for a trusted cleaning company knocked on the door of a home the company had serviced on many occasions. The nanny, who was watching the family’s 3-year-old, let the man into the home where he proceeded to beat and rape her. The victims would later come to find that the man had previously been convicted of six felonies. The Georgia Legislature is now considering passing a bill which would require employers to conduct criminal background checks on employees who go into the homes of others.

The Macon Telegraph has the story.

The man accused of the rape, Rudolph Valentino Smith, had previously been convicted of crimes ranging from robbery to voluntary manslaughter. In fact, he had been convicted of killing a man with a butcher knife in 1994 for which he served 12 years in prison. Victim advocates say the proposed bill would reduce the chances of such an attack from happening again.

In addition to requiring background checks, the bill would prohibit some offenders from attaining jobs that send them into the homes of others unless their civil rights have been reinstated. The proposed bill has had trouble gaining traction, since many are concerned that such a law would harm the chances of rehabilitated felons from re-entering the workplace. Much of the criticism centered on the original bill’s exclusion of all felons; however, the revamped version only excludes those convicted of a crime which falls under the seven deadly sins: murder, voluntary manslaughter, rape, aggravated sodomy, aggravated child molestation, aggravated battery, and armed robbery if committed with a firearm.

The bill failed to leave the House Agriculture and Consumer Affairs Committee before the end of the 2009 legislative session, but it is expected to be considered again in January. The mother of the 3-year-old and owner of the home where the rape occurred, Amy Scott, has been an ardent supporter of the legislation and testified before the committee earlier this year. For now, she awaits the trial of the accused rapist while trying to put the events of that day behind her.

Our victims’ rights attorneys have successfully represented victims of serious crimes throughout the state of Georgia. In most serious crimes, victims are afforded certain legal rights including compensation, restitution, notification of criminal legal proceedings and restraining orders. A victim may also bring a civil suit against those responsible. Many times a crime will occur due to the negligence of an apartment complex, restaurant or similar business. A victims’ rights attorney will work closely with prosecutors and investigators in an effort to hold such businesses accountable.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

This is one of our cases. The complaint was filed last week.

Our clients, a Ringgold, Georgia couple, have filed suit in Floyd County against a fire and water damage repair company for allegedly hiring an illegal immigrant who stole more than $10,000. The couple claims that the employee stole personal and financial information at their home which was then used to withdraw large sums of money.

The Rome News Tribune has the story here.

The couple experienced a fire at their home. Their insurance company contracted with a company called Servpro to clean the Barkers’ home which initially included boxing up the Barkers’ papers and files so that repairs could be made. During this phase of the cleanup, Nora Carillo Barcarel, an employee of Servpro, stole financial records which she then used to steal the Barkers’ identity. In total, Barcarel withdrew around $10,000 from the Barkers’ accounts and opened approximately 60 credit accounts.

Barcarel has pleaded guilty to charges of financial transaction fraud and forgery but still awaits sentencing. She could serve over 130 years in prison. At the time of the plea, Barcarel told the judge that it was common knowledge among illegal immigrants in the area that Servpro would hire workers without any documentation or background checks.

The lawsuit filed by our firm claims that Servpro is vicariously liable for Barcarel’s illegal acts and that Servpro is also liable for negligently hiring and retaining her. Additionally, the lawsuit states that Servpro is liable because it violated federal immigration and hiring laws.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

A Cobb County Superior Court judge awarded $2.5 million to Susan Farhadi, a woman who was defrauded by Vesta Strategies.

The Atlanta Journal Constitution has the story.

Apparently, the lawsuit alleged civil fraud claims, RICO and breach of fiduciary duty. Because Vesta is no longer in business, it is unclear whether the lawsuit was defended, or whether the judge simply made a decision on damages after entering a default judgment against the company.

As the economy continues to worsen, it is likely that we will see more of these frauds come to light. Once the music stops playing, there are never enough chairs to go around.

Our trial attorneys work hard to protect consumers and investors who have been defrauded by unscrupulous businesses in real estate and investment scams. We have had no shortage of calls this year from people who have been victimized in these schemes.

If you have lost money as the result of fraud, it is very important that you act quickly. It is the only way to try to recover money that may otherwise be gone for good.

Golden West Financial, the mortgage lender acquired by Wachovia Bank in 2006, is being investigated by the United States Department of Justice for fraudulent mortgage lending practices. The "preliminary investigation" was reported by the Associated Press and picked up by many news outlets, including Forbes.

The gist of the investigation appears to be allegations that the company engaged in predatory lending practices by misrepresenting the terms of certain loans, falsifying documents and persuading borrowers to obtain loans that were clearly inappropriate for them.

Our firm has been involved in many mortgage fraud investigations. We have represented both victims of fraudulent mortgage practices and those charged with being involved in mortgage fraud, including attorneys, mortgage brokers, real estate agents, appraisers, "straw purchasers," and investors.

These cases can be very complex to prosecute and to defend. If you think you were the victim of fraudulent mortgage practices, or have been charged with a mortgage fraud related offense, you may contact our lawyers for a free initial consultation to discuss your case. We have helped many people caught up in this mortgage mess, and we may be able to help you.