Fishwick & Associates PLCFishwick & Associates PLC2024-03-08T20:25:20Zhttps://www.fishwickandassociates.com/feed/atom/WordPress/wp-content/uploads/sites/1203535/2021/04/cropped-Fishwick-Assoc-fav-icon-32x32.pngOn Behalf of Fishwick & Associates PLChttps://www.fishwickandassociates.com/?p=488782024-02-07T19:37:04Z2024-02-07T19:37:04Zwho commit embezzlement can be varied and complex, with motivations ranging from financial pressure to opportunistic gain.
Insights from the Association of Certified Fraud Examiners (ACFE) in its Report to the Nations: 2020 Global Study on Occupational Fraud and Abuse shed light on common characteristics of embezzlers. This provides valuable information for understanding and preventing these crimes.
Who commits embezzlement?
The ACFE's comprehensive study, which examined over 2,500 cases of workplace fraud, offers a detailed demographic profile of embezzlers. A notable finding is that most individuals convicted of embezzlement had no prior criminal charges, challenging the stereotype that only habitual criminals commit such acts.
Interestingly, more than 70% of embezzlers were found to be men, with a significant portion, over half, falling between the ages of 31 and 45 years old. These individuals predominantly held roles in operations, accounting, sales or upper management, highlighting the importance of position and access in the likelihood of committing embezzlement.
Financial impact by position
The study also revealed a correlation between the embezzler's position within the company and the amount of money lost due to their actions. Due to their high-level access and control over more extensive resources, executives accounted for the highest median loss at $600,000.
With significant but less access than executives, managers caused a median loss of $150,000. Lower-level employees, whose access to funds is typically more limited, were responsible for a median loss of $60,000.
Motivations and behavioral red flags
The ACFE report identified living beyond one's means as the most notable red flag in 42% of cases. Financial difficulties and personal issues, such as divorce or family problems, were also significant, with 26% and over 10% of cases, respectively.
This profile of a person likely to embezzle may come into play as part of a criminal case. Anyone facing these charges must ensure they fully understand the case against them so they can fight against them as successfully as possible. Having a legal representative who understands these charges is beneficial for those facing allegations of wrongdoing in this regard.]]>On Behalf of Fishwick & Associates PLChttps://www.fishwickandassociates.com/?p=488762024-02-02T14:28:17Z2024-01-09T14:50:41Zmens rea to constitute legal violations. The evidence that the prosecutor has inevitably influences the defense strategy that someone utilizes.
Those who can raise reasonable questions about whether they wanted to break the law could potentially have grounds to defend against pending criminal charges. Some people end up implicated in schemes organized by others without ever intending to break the law or cause financial harm to others.
White-collar crimes often lead to federal prosecution because they involve parties in multiple states and the use of federal infrastructure, such as telecommunications or banking systems. How do federal prosecutors prove intent when pursuing white-collar criminal charges?
Direct evidence of intent is not necessary
Federal prosecutors do not need to record a conversation where someone openly admits to defrauding others for personal gain. Federal mail and wire fraud statutes do not require direct evidence of criminal intent.
Instead, the courts should consider the totality of the circumstances when reviewing someone's conduct for an intent to defraud others. Often, prosecutors need only establish that someone's communications with others involved a reckless indifference to the accuracy of their statement. Sending out an email to prospective investors radically exaggerating the likely returns on an investment could help prosecutors establish that someone had fraudulent intent.
Additionally, the way that a white-collar scheme operates can itself establish intent to defraud. Someone misleading or manipulating individual investors or businesses likely conducted certain actions with the intent to injure or defraud those parties. In fact, the fraud does not need to be successful to lead to prosecution.
Negotiations related to white-collar crime cases
No actual financial losses are necessary for the government to bring charges provided that there is evidence supporting the claim that they intended to cause financial harm to others. Questions about intent often feature heavily in the negotiations related to white-collar criminal charges. Some defense attorneys can undermine the state's case by raising questions about someone's intent and showing that they acted without any desire to cause financial harm to others.
Learning about how the government builds white-collar criminal cases may benefit those hoping to avoid a conviction after an indictment. Seeking personalized legal guidance proactively can help to provide necessary clarity in this regard.]]>On Behalf of Fishwick & Associates PLChttps://www.fishwickandassociates.com/?p=488452023-10-23T13:13:15Z2023-10-23T13:13:15ZDispatching devices
The companies sending truck drivers out on the road and sometimes also the clients relying on them to make a delivery may need to get in touch with a commercial driver. There are dispatching devices in the cabs of semi-trucks that facilitate rapid communication and help drivers stay organized. Sadly, they are also a major source of distraction.
Mobile devices
Although the laws about texting while driving are state statutes, there is a federal law that applies to commercial drivers. Anyone in control of a commercial vehicle cannot manually use a mobile phone or other digital device while driving. Despite that clear rule, drivers often feel compelled to communicate with loved ones or use phones to keep themselves awake during a long and boring drive. Unfortunately, digital distraction could very easily lead to them causing a crash.
Eating and drinking
Commercial drivers often eat and drink while on the job. They need to keep their energy levels up and their blood sugar balanced. They may stop for a burger or a coffee and then enjoy it on the road. Eating or drinking distracts someone mentally and also forces them to take their hands off of the wheel. Especially if they spill something, they might swerve their vehicle or otherwise make a mistake because of their decision to eat and drink while driving.
Understanding when distraction may have been a contributing factor to a motor vehicle collision can potentially help injury victims more effectively respond to a recent wreck. With that said, it’s not always a contributing factor that’s easy to discern, so seeking informed legal guidance after a crash is generally a good idea.]]>by Daniel Martinhttps://www.fishwickandassociates.com/?p=488382023-07-18T02:21:37Z2023-07-18T02:21:37ZThe Influence of Social Media Evidence
Social media posts, photos, and videos have become powerful forms of evidence in personal injury lawsuits and have become commonplace in Roanoke, Virginia, courts. In personal injury lawsuits, attorneys on both sides can utilize content from social media platforms to support their positions. For instance, a plaintiff who has been injured after a car accident may weaken their case if their social media accounts depict them engaging in physical activities that contradict their stated limitations. Likewise, if a defendant argues that the car accident was caused by the plaintiff's negligence, there may be social media evidence demonstrating the defendant’s reckless behavior or showing them admitting fault.
Precautions and Pitfalls for Plaintiffs
Personal injury plaintiffs in Roanoke, Virginia, and elsewhere need to be cautious about their social media presence after a car accident. It is crucial for personal injury victims to understand that anything they post on social media platforms can be accessed by opposing counsel and potentially used against them in court, even with privacy settings enabled—in the digital age, there are no true secrets. Even seemingly innocuous posts can be misinterpreted or misconstrued, impacting the credibility of the plaintiff's claims if a lawsuit needs to be filed.
Insurance companies and defense attorneys are always on the lookout for evidence from the plaintiff's social media accounts. This may involve scrutinizing posts, photos, and even interactions with others to identify inconsistencies or contradictions in the plaintiff's claims. This strategic use of social media evidence by the defense can be detrimental for a person seeking maximum compensation after a car accident. Therefore, it is advisable for plaintiffs to exercise discretion and avoid posting about their injuries, activities, or the progress of their case on social media until their claims are fully resolved.
Overwhelmed After a Car Accident? Contact Fishwick & Associates Today!
After a car accident, victims with personal injuries are often lost and confused about what their next steps should be. The experienced attorneys at the Roanoke, Virginia, law firm of Fishwick & Associates can help guide you through the process, including helping you avoid the pitfalls that come with social media in the modern era. we have advised and represented numerous individuals seeking to challenge local zoning ordinances. If you or a loved one has been injured as a result of another’s negligence, Fishwick & Associates can help determine the merits of your case and what actions to take. To schedule your confidential consultation, complete our online contact form or call us at 540-345-5890.]]>On Behalf of Fishwick & Associates PLChttps://www.fishwickandassociates.com/?p=488352023-07-12T21:06:45Z2023-07-10T09:27:31ZHow trailer loading affects safety
There are multiple ways in which an improperly-loaded trailer could lead to issues for the truck driver and others in traffic.
The most problematic is when professionals loading items into the trailer do not carefully distribute the weight evenly. When there is too much weight on either side of the trailer, that could affect the performance of the vehicle and the ability of the commercial driver to maintain control. Improperly-loaded trailers can cause jackknife incidents where the trailer and cab of a semi-truck end up traveling in different directions. They may also cause rollover incidents if a truck driver takes a turn or a curve quickly.
Additionally, the improper loading of a trailer might lead to other challenges, such as materials falling inside the trailer, which can cause a sudden shift in weight. That could result in a driver losing control or in damage to the trailer, possibly including a blowout of multiple tires at once.
An improperly-loaded trailer is one of several scenarios in which a driver would not necessarily be responsible for a commercial crash but rather either their employer or the client that hired them and supplied a trailer that employees did not load properly. As a result, accurately determining the underlying factors that contributed to a semi-truck collision can help those involved in a wreck seek compensation from the appropriate party.]]>On Behalf of Fishwick & Associates PLChttps://www.fishwickandassociates.com/?p=486902023-05-19T17:15:06Z2023-04-13T16:53:24ZHave you ever gone to work or attended an event while extremely sickened by a cold or flu? Most people have done this at some point, typically to avoid a perceived black mark on their employment history.
Unfortunately, operating a motor vehicle when impacted by an illness is irresponsible (at best) and negligent (at worst). According to research, driving while sick could reduce driving skills by up to 50%.When an accident caused by an illness injures others, the sick driver may be legally responsible. Here are a couple of situations to consider:
When the effects of the illness make it hard to drive
The symptoms that plague those with the flu (or some colds) include severe fatigue, aches and pain, low energy, fever and ear or sinus pressure to name only a few. Most people cannot function as well as usual when experiencing these and other effects.It may be possible to hold ill drivers legally liable for crash injuries if they knew they were sick and chose to drive anyway.
When the effects of medication for an illness make it hard to drive
Most people take some form of over-the-counter drugs to help them cope with flu and cold symptoms. However, these medicines often lead to side effects that make operating motor vehicles hazardous.Flu drugs can cause drowsiness, vertigo, dizziness and even more fatigue, increasing the odds of having a vehicle accident. Those who willfully consume flu meds before driving may have to foot the bill for victim injuries in a crash scenario.The takeaway? Never assume you cannot obtain restitution after a car accident, even when the lack of liability seems clear. With experienced legal guidance, you can determine what steps to take to maximize your injury compensation under Virginia law.]]>On Behalf of Fishwick & Associates PLChttps://www.fishwickandassociates.com/?p=482062023-07-18T14:20:42Z2023-03-29T18:15:03Zover 3,140 people died in distraction-related crashes, a one-percent increase from 3,119 deaths in 2019. There are several common causes of distracted driving, and here are four of them:
1. Talking or texting on the phone
In Virginia, drivers cannot use a cell phone while driving unless it's during an emergency, and they have to be parked while using it per Code of Virginia Section 46.2-818.2. The fine for a first offense is $125, and it's $250 for the second offense. Regardless, some drivers try to flout the law by texting or talking while driving anyway.
2. Stress
Some individuals stress over something while driving, either an event from their past or something in the future. They can be so overwhelmed that their mind might wander off, meaning they miss what's happening around them.
3. GPS use
Using GPS on errands, commute routes and road trips is so commonplace that hardly anyone consults paper maps anymore. But, as convenient as they are, they can pose a danger while driving. For instance, a driver turning their head from the road to glance at their GPS might not see someone braking in front of them.
4. Last-minute grooming
Some drivers attempt to apply makeup or trim facial hair while driving to work. They'll look at themselves in the mirror when they should look out for others.
The roads would be so much safer if all drivers followed road rules and took precautions. Unfortunately, that doesn't always happen. If you or a loved one got injured due to someone's distracted driving, consider legal guidance to aid you in your case.]]>On Behalf of Fishwick & Associates PLChttps://www.fishwickandassociates.com/?p=482072023-05-03T10:00:06Z2023-03-21T09:40:04Z1. Walking home after drinking
Drunk driving is never the right choice, but walking home drunk isn't particularly safe either. According to an analysis of deadly pedestrian collisions by the Centers for Disease Control and Prevention, alcohol is a leading contributing factor in many fatal pedestrian crashes.
Sometimes, it is the driver of the vehicle who is under the influence. However, more often, it is the pedestrian who has had too much to drink. Walking home all drunk might mean making bad choices or stumbling at a moment when it is particularly dangerous to do so.
2. Walking or jogging on busier or rural roads
Some people, like those who walk to work every day, don't have much control over the path that they take. However, those who walk or jog for exercise often pick areas where there is attractive scenery. Going to urban centers or rural areas to walk might mean that the environment is particularly exciting or attractive, but it often means someone's risk is higher.
Anywhere there are more vehicles, there will be a greater risk of a crash occurring. Additionally, on rural roads where speed limits are higher and there are fewer offices engaging in enforcement efforts, the risk of a pedestrian crash leading to severe injuries or death is much higher because of the faster speed of the vehicle.
Choosing to get a ride home from a bar or a party and planning a route via an area with less traffic and lower speed limits could help someone avoid a serious pedestrian crash.]]>On Behalf of Fishwick & Associates PLChttps://www.fishwickandassociates.com/?p=482082023-05-03T10:00:10Z2023-03-20T20:35:58ZWhether you are a new or seasoned motorist, you need a great deal of awareness to drive safely. Unfortunately, studies have shown that cell phone use while driving is one of the leading causes of distractions and, thus, car accidents in the U.S.If you are a victim of a car crash that is attributable to distracted driving, you may hold the liable party to account for the resulting economic and non-economic damages per Virginia negligence laws. But how exactly do cell phones lead to car crashes?
The link between cell phones and car accidents
Distractions behind the wheel come in a variety of forms. However, one of the most prevalent ones is operating a cell phone. Here are three ways the use of a cell phone can impede your ability to focus on the activity at hand – driving:
Visual distractions: A clear and unobstructed peripheral vision is key to driving safely. When a motorist’s eyes are taken off the road and on the cell phone, even for a moment, their ability to react in time to changing conditions like an animal jumping onto the road may be impeded.
Manual distraction: A motorist will likely have a difficult time steering, signaling or shifting while holding a cell phone with one hand and steering with the other. While it may seem seamless to make a call with one hand while the other is on the wheel, a driver’s manual dexterity will certainly be inhibited to some extent.
Mental distraction: Driving is a mental activity as much as it is a physical activity. When a motorist is on the phone, their mind and focus become engaged in an activity other than driving. Consequently, this impairs their judgment and ability to make split-second decisions.
Cell phone-related accidents are avoidable. If you are hurt due to another driver’s negligence, you deserve justice. Learning how Virginia car accident claims work can help you protect your rights and interests while pursuing damages following a car accident that is attributable to another driver’s use of a cell phone behind the wheel.]]>On Behalf of Fishwick & Associates PLChttps://www.fishwickandassociates.com/?p=481362023-07-18T14:21:01Z2023-03-07T18:16:07ZDrowsy driving is a significant public safety concern that can have deadly consequences. Every year, countless severe injuries and fatalities are related to fatigue-impaired drivers.
Here are some facts about drowsy driving and minimizing your risk of becoming too tired to drive safely.
Drowsy driving can be more dangerous than drunk driving
It is estimated that over90,000 car accidents occur each year because people are driving while sleep deprived. In fact, it poses a greater danger than other forms of distracted driving, such as text messaging, alcohol impairment, or vehicle malfunction. Studies have shown that being awake for 24 hours straight can impair a person's driving ability as much as having a blood alcohol concentration (BAC) of 0.10%.Sleep deprivation affects driving ability in several ways. The driver's reaction time slows down, making it harder for them to respond quickly to changing situations on the road. They may also have trouble focusing on the task and staying alert. This can lead to lapses in attention and even microsleeps, which are brief periods of sleep that can last from a fraction of a second up to 30 seconds.It can also impair a person's decision-making abilities, making it more challenging to make sound judgments while driving. They may take unnecessary risks or fail to recognize dangerous situations on the road.If you find yourself tired behind the wheel or your reactions are slower than usual, take a break or have someone else drive if possible.Sadly, most people don't realize fatigue's impact on their ability to drive. Even though the National Highway Traffic Safety Administration (NHTSA) tries to educate the public, many don't consider it a serious problem. If you've been in an accident because someone wasdriving while sleep deprived, it's essential that you are compensated for injuries.
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