FREDDIE MAC REQUIRES REPORTING OF FRAUD SOONER
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1 MORTGAGE e-alert (14-5-4a) Please add to your address book. This will ensure delivery into your inbox and not your junk, spam or bulk e mail box FREDDIE MAC REQUIRES REPORTING OF FRAUD SOONER Freddie Mac reporting requirements for fraud and other misconduct has now been changed; 1. Freddie Mac has added a new triggering event guilty plea requires reporting even before sentencing. The Guide now adds guilty plea to the list of events triggering a duty to report. Sellers and servicers may no longer wait until they receive notice of criminal conviction to report; they must report once notified of a guilty plea. 2. A seller or servicer notified by law enforcement or other government authority of a fraud investigation or prosecution is now required to do mandatory reporting when a seller or servicer learns that law enforcement or other government authority is investigating or prosecuting fraud relating to a board member, officer, employee, or contractor of the seller or servicer. (Bulletin ) Thank you Weiner, Brodsky for the updates. For others please remember, when someone comes under investigations for fraud the lender/broker should be aware there is a strong probability the person will be reported. REVERSE MORTGAGES GET 60-DAY EXTENSION WHEN THE BORROWER DIES BEFORE FORECLOSURE CAN START OR SO IT WOULD SEEM On April 21, 2014, the U.S. Department of Housing and Urban Development ( HUD ) released notice, FHA INFO #1419, informing Home Equity Conversion Mortgage ( HECM ) approved lenders and servicers that they may request a sixty (60) day extension for a non-borrowing spouse who is facing foreclosure due to his/her spouse, a HECM borrower, passing away. Specifically, providing that as of April 16, 2014, HUD will grant requests for extensions from HECM mortgagees of up to sixty (60) days to meet HUD s required foreclosure timeframes for HECM transactions if the following conditions are met: 1. The property securing the HECM is the primary residence of a surviving spouse who was married to the borrower at the time the mortgage was endorsed for insurance and was not listed as a borrower on the mortgage; Page 1 of 13
2 2. The HECM has become due and payable solely because of the death of the HECM borrower; and 3. The property securing the HECM has not been sold to a third party. Additionally per FHA INFO #14-19, a delay of no more than sixty (60) days beyond the timeframes specified in FHA ML is acceptable for cases meeting the above referenced criteria and where the HECM mortgagee has already initiated foreclosure. In order to request such sixty (60) - day extensions, the HECM mortgagee must upload a detailed extension request, prepared on the mortgagee s letterhead and signed by an authorized loan servicing manager, into the Home Equity Reverse Mortgage Information Technology (HERMIT) System. Meaning if the spouse dies that is the person that took out the reverse mortgage the children have days (if the servicer or mortgagee is feeling generous) to refinance the property to pay off the mortgage. In other words can a broker fund from date of demise in 30 days given the bereavement and the surviving children are not even aware of the process? I would suggest HUD allow them longer if they apply for a takeout loan in 30 days and allow time for approval and or funding. CONCORD, CALIFORNIA MAN ARRESTED FOR $150 MILLION MORTGAGE FRAUD On May 19, 2014 an indictment by a federal grand jury in Oakland, California, charges AYMAN SHAHID with conspiracy to commit bank fraud and 17 individual counts of bank fraud. According to the indictment, Shahid, 38, of Danville, California, is alleged to have masterminded a scheme to cause banks to approve mortgage loans for unqualified buyers at the height of the financial crisis. Shahid managed DISCOVERY SALES INC., which was the sales arm of affiliated residential construction companies, including DISCOVERY HOME BUILDERS AND ALBERT D. SEENO CONSTRUCTION CO. Shahid devised and managed a scheme to provide undisclosed incentives to unqualified home buyers, which allowed Discovery to continue selling houses during the financial crisis. Shahid intentionally hid the scheme from appraisers and bank underwriters so that loans to unqualified buyers would be approved. The aggregate sales price of the homes affected by the scheme was almost $230 million and loans having a value of $150 million went into foreclosure or short sale proceedings. Nine individuals who played different roles in the overall scheme have already been charged. Seven have pleaded guilty, including two direct subordinates of Shahid, CAREY HENDRICKSON, AND JASON STERLINO. JENNIFER XIAO IS A FUGITIVE. Page 2 of 13
3 The use of undisclosed incentives paid to home buyers at the Discovery Builders development at Leona Quarry in Oakland was reported to the FBI in The FBI conducted a search of the offices of Discovery Sales and its affiliates in Shahid was arrested in Concord, California, on May 19, REMEMBER an indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant could face a maximum sentence of 30 years in prison and a fine of $1 million, plus restitution if appropriate, for each of the 18 violations alleged in the indictment. (fbindca51914) Page 3 of 13 Remember how I have been stating that it takes two years to get from the initial paperwork investigation to the criminal indictment? In this case it took five years. The FBI gets the report in 2009 and then searches offices in 2010 and the indictment is The prosecutor HAS TEN YEARS AFTER THE LAST ACT TO FILE CRIMINAL CHARGES. They are still very active as you read each e alert. Without fail, there is always at least one more mortgage fraud case. In this case there are three just from California with thirteen people indicted and/or pleading guilty as to some. HUNTINGTON BEACH, INACTIVE CALIFORNIA LAWYER AND SIX OTHERS ARRESTED IN ORANGE COUNTY, CALIFORNIA FOR LARGEST LOAN MODIFICATION SCAM IN THE NATION On May 22, 2014 a state criminal indictment was unsealed in Orange County California against seven defendants, including an attorney, for defrauding over $13.5 million from over 3,500 victims in the largest loan modification scheme ever prosecuted in the nation. DEFENDANTS MAZIAR BORDBAR, 31, IRVINE, is charged with one felony count of conspiracy to commit a crime, one felony count of conspiracy to defraud another of property, three felony counts of grand theft, one felony count of theft from an elder, 27 felony counts of money laundering, 21 felony counts of unlawful monetary transaction structuring, six felony counts of filing false tax returns, four felony counts of willful failure to file or make a fraudulent tax return, with sentencing enhancements for committing an aggravated white collar crime over $100,000, aggravated white collar crime over $500,000, property damage or loss over $65,000, property loss over $200,000, property damage over $1.3 million, money laundering exceeding $50,000, money laundering exceeding $150,000, money laundering exceeding $1 million, money laundering exceeding $2.5 million, and committing a theft exceeding $100,000. If convicted, he faces a maximum sentence of 52 years in state prison. He is being held on $9.8 million bail. NATHANIEL FERRER, 26, ORANGE, is charged with one felony count of conspiracy to commit a crime, one felony count of conspiracy to defraud another of property, three felony counts of grand theft,
4 one felony count of theft from an elder, 17 felony counts of money laundering, with sentencing enhancements for aggravated white collar crime over $100,000, aggravated white collar crime over $500,000, property damage or loss over $65,000, property loss over $200,000, property damage over $1.3 million, money laundering exceeding $50,000, money laundering exceeding $150,000, and committing a theft exceeding $100,000. If convicted, he faces a maximum sentence of 27 years and four months in state prison. He is being held on $9.8 million bail. PAMELA GRESSIER, 54, HUNTINGTON BEACH, currently an inactive member of the state bar of California is charged with one felony count of conspiracy to commit a crime, one felony count of conspiracy to defraud another of property, three felony counts of grand theft, 44 felony counts of money laundering, one felony count of filing a false tax return, one felony count of willful failure to file or make a fraudulent tax return, with sentencing enhancements for aggravated white collar crime over $100,000, aggravated white collar crime over $500,000, property damage or loss over $65,000, property damage or loss over $200,000, property damage or loss over $1.3 million, money laundering exceeding $50,000, money laundering exceeding $150,000, money laundering exceeding $1 million, money laundering exceeding $2.5 million, and committing a theft exceeding $100,000. If convicted, she faces a maximum sentence of 48 years and eight months in state prison. Gressier is a fugitive with a warrant for her arrest. SAEID YARANDI, 31, IRVINE, is charged with one felony count of conspiracy to commit a crime, one felony count of conspiracy to defraud another of property, three felony counts of grand theft, 27 felony counts of money laundering, two felony counts of filing a false tax return, one felony count of willful failure to file or make a fraudulent tax return, with sentencing enhancements for aggravated white collar crime over $100,000, aggravated white collar crime over $500,000, property damage or loss over $65,000, property damage or loss over $200,000, property damage or loss over $1.3 million, money laundering exceeding $50,000, money laundering exceeding $150,000, money laundering exceeding $1 million, money laundering exceeding $2.5 million, and committing a theft exceeding $100,000. If convicted, Yarandi faces a maximum sentence 37 years and four months in state prison. Yarandi is a fugitive with a warrant for his arrest. ROBERTO DURAN, 41, MONTEBELLO, MASOOD TAGHIZADEH, 64, LAGUNA NIGUEL, AND JOEL VALDELLON, 31, DANA POINT, are each charged with one felony count of conspiracy to commit a crime, one felony count of conspiracy to defraud another of property, three felony counts of grand theft, one felony count of theft from an elder, with sentencing enhancements for aggravated white collar crime over $500,000, property damage or loss over $65,000, property loss over $200,000, property damage over $1.3 million, and committing a theft exceeding $100,000. If convicted, they face a maximum sentence of 14 years in state prison. Duran and Valdellon are being held on $5 million bail and Taghizadeh is being held on $3.5 million bail. The defendants must prove bail money is from a legal and legitimate source before posting bond. Bordbar, Ferrer, Duran, Taghizadeh, and Valdellon are scheduled for a continued arraignment June 3, 2014 at 1:30 p.m. in Department C-5, Central Justice Center, Santa Ana. Gressier and Yarandi are fugitives with $13.5 million warrants for their arrests. Background of the Case Page 4 of 13
5 Between Nov. 16, 2010, and June 6, 2011, Bordbar and Yarandi are accused of incorporating Consult Marketing Group, Inc. and Secured Processing, Inc. AT THE TIME OF THE CRIME, GRESSIER WAS A LICENSED ATTORNEY AND PRACTICING LAW IN CALIFORNIA. Between June 24, 2011, and Aug. 31, 2012, Gressier is accused of filing a fictitious business name statement doing business as PRUDENTIAL LAW GROUP, REMEDY LAW, AND REMEDY CENTER LAW with the Orange County Clerk- Recorder s Office. Bordbar, Yarandi, Ferrer, and Gressier are accused of operating Prudential Law Group which later became known as PRUDENT LAW GROUP (Prudent Law). Bordbar, Yarandi, Ferrer, and Gressier are accused of changing the company name from Prudent Law to Remedy Center Law and various other similar names, and establishing a website for Prudent Law and Remedy Law to advertise loan modification services. Circumstances of the Case Between June 24, 2011, and Oct. 29, 2013, Bordbar, Yarandi, Ferrer, and Gressier are accused of coordinating mailings to thousands of homeowners advertising loan modification services. They are accused of hiring telemarketers to work as salespersons for homeowners calling in response to the advertisements. Bordbar and Yarandi are accused of hiring Duran, Taghizadeh, and Valdellon to manage the sales teams of Prudential Law and Remedy Center Law. Duran, Taghizadeh, and Valdellon are accused of training sales staff members on what to say to potential customers. Bordbar and Yarandi are accused of OWNING CONSULT MARKETING GROUP, INC. and providing the sales personnel for Prudential Law and Remedy Center Law. Ferrer is accused of running SECURED PROCESSED, INC. Bordbar, Duran, Ferrer, Gressier, Yarandi, Taghizadeh, and Valdellon are accused of falsely misrepresenting to approximately 3,500 customers that they qualify for a loan modification, when the defendants had no ability or authority to represent the victims on behalf of the lender. The defendants are also accused of misrepresenting to customers of Prudent Law and Remedy Law, through their salespeople and website, that they were a law firm and customers would be represented by attorneys. Gressier is accused of being the sole attorney working at Prudent Law and Remedy Law. The defendants are accused of illegally charging upfront fees for loan modification services. They are accused of obtaining more than $13.5 million from the victims. Between Aug. 24, 2011, and Aug. 27, 2012, Gressier and Ferrer are accused of laundering the money they received from the victims by, on 17 occasions, transferring more than $25,000 of the funds between bank accounts within a 30-day period. Between Feb. 7, 2012, and March 1, 2012, Gressier, Bordbar, and Yarandi are accused of laundering the money they received from the victims by, on 27 occasions, transferring more than $5,000 of the funds between bank accounts within a 7-day period. Page 5 of 13
6 In March 2012, Bordbar is accused of making a series of transactions under $10,000 through a bank to avoid having the bank file reports of the transaction. A financial institution is required to file a report with the Department of Justice on cash transactions that exceed $10,000. Between Oct. 15, 2012, and May 24, 2013, Bordbar is accused of willfully filing a false or fraudulent tax return for 2011 and Between March 19, 2012, and July 17, 2013, Yarandi is accused of willfully filing a false or fraudulent tax return for 2011 and On Aug. 2, 2013, Gressier is accused of willfully filing a false or fraudulent tax return for On April 15, 2013, Gressier is accused of willfully failing to file a 2012 tax return. Victims of the loan modification scam reported the case to the Newport Beach Police Department (NBPD) and the Federal Bureau of Investigation (FBI). In August 2012, NBPD began investigating this case. On May 14, 2014, NBPD with assistance from the U.S. Secret Service (USSS) arrested Bordbar, Duran, Ferrer, Taghizadeh, and Valdellon. (ocda52214) Page 6 of 13 Based upon the numerous charges against all and the bail amount I would suggest each one needs at least two attorneys to help analyze the data and the trial to take six months or longer. Since it is Orange County, California would anyone care to comment? PASADENA COMMISSIONER AND ASSOCIATE ARRESTED FOR MORTGAGE FRAUD On May 20, 2014 ALLEN SHAY, 55,, OF PASADENA, CALIFORNIA AND EDDIE TURNER, 44 OF ALTADENA CALIFORNIA WERE ARRESTED for an alleged $2.3 million mortgage fraud scheme. The arrest was on suspicion of grand theft, recording false documents and perjury. Officials said in January 2005 Turner bought residential property on Altadena Drive in Altadena for $1.12 million. He allegedly borrowed $896,000 from Countrywide Home Loans to make the purchase. In August 2005, detectives claim Turner borrowed an additional $250,000 from Countrywide Home Loans and used the Altadena Drive property as collateral. Turner is allegedly accused of falsifying employment, income and financial information, including providing a counterfeit bank statement to obtain the loans. Allegedly in March 2007 Shay assisted Turner with financing the Altadena property and secured two new loans from Countrywide for $1 million and $218,000. The two loans were used to pay off Turner s 2005 mortgage. Turner and Shay allegedly falsified the employment, income and financial information, including providing a counterfeit bank statement when they obtained the 2007 loans, Derry said. Charges were filed on May and Detectives arrested Turner on May 20, 2014
7 Both men have since pled not guilty to the charges. (citnwsservpasastr519,521,2014) And so the arrests go on. Remember they are both innocent until proven guilty in a court of law. Allegations are not proof but you can keep track if you are interested. RANCHO MIRAGE, CALIFORNIA MAN GETS 51 MONTHS IN FEDERAL PRISON FOR MORTGAGE FRAUD On May 21, 2014 STEVEN PITCHERSKY, 65, of Rancho Mirage was sentenced in Philadelphia to 51 months in prison and pay more than $3.2 million in restitution for a fraud scheme that caused an out-of-state bank to lose $5.3 million. Pitchersky, who OPERATED MORTGAGE LENDING NATIONWIDE MORTGAGE CONCEPTS IN CALIFORNIA had pleaded guilty to a federal wire fraud charge for his involvement in a scheme to defraud Detroit-based Ally Bank, according to federal prosecutors. Christy Romero, special inspector for the Treasury Department alleged: "Greed got the best of Pitchersky... (he) drew down millions of dollars on a warehouse line of credit with Ally through lies and false pretenses, faking that he used Ally's funds to pay off refinanced mortgages while, instead, he used the money in part to fund his luxurious lifestyle and extravagant art collection," Nationwide Mortgage Concepts was licensed in more than 40 states to originate and refinance mortgages, and was authorized to originate Federal Housing Administration and veterans' mortgages. In August 2009, Ally's suburban Philadelphia office oversaw the bank's agreement to give Nationwide a line of credit, which the company used through January 2011 to refinance mortgages, including mortgages held by institutions such as Bank of America and Wells Fargo, according to the government. In November 2008, Pitchersky had formed a title company called Hanover Settlement Inc. in Hanover, Pa., but he told Ally he did not have any affiliated title companies or closing agents. Steven Pitchersky covertly instructed Hanover to forward to (Nationwide Mortgage Concepts) all money it received from Ally to pay off First Mortgage Banks during the refinancing process," according to court papers. This allowed Pitchersky complete control over money NMC acquired from Ally's warehouse line of credit. Pitchersky then used Ally's money for other purposes contrary to the warehouse agreement. From December 2010 to January 2011, Ally advanced Nationwide about $5.3 million to pay off 23 first mortgages for clients, but Nationwide "ailed to use these funds to pay off these mortgages and instead used the money to pay off first mortgages for other customers. (ctynwsser52114) Page 7 of 13
8 Page 8 of 13 He got to spend the money and now he gets to spend 51 months in a federal prison. SAN FRANCISCO, CALIFORNIA MAN GUILTY OF MORTGAGE FRAUD On May 19, 2014 JOSHUA CLYMER, 28, CURRENTLY OF SAN FRANCISCO, pleaded guilty today to conspiracy to commit mail and wire fraud in connection with a mortgage fraud scheme. From approximately October 2006 through August 2008, Clymer participated in a mortgage fraud scheme involving multiple properties in the Sacramento area. As a part of the scheme, Clymer and a business partner used several fraudulent tactics to help buyers secure home loans from lenders, including inflating the buyer s income, providing false employment histories, falsifying gifts made to the buyers, and giving undisclosed cash back to some buyers outside of escrow. Buyers of the properties later defaulted on their loans, leading to foreclosure sales, and in one instance a loan modification. The estimated loss associated with Clymer as a result of these activities is approximately $352,000. Clymer is scheduled to be sentenced by Judge William B. Shubb on September 22, Clymer faces a maximum statutory penalty of 30 years in prison and a $1 million fine. (usattyedca5914) The federal prosecutors have ten years from the time the loan closed to file a criminal action. At the moment they are working on 2008 which is six years. Reason: It takes about two years to put a case together. The best a person can do when interviewed in a potential or actual criminal investigation is to request their attorney be present. The FBI agents as a whole I have found to be very pleasant in doing their job and they generally will stop questioning when you inform them you want your attorney present, hand you a business card and request you to have your attorney call them. In the meantime I trust Mr. Clymer knows how to put his position paper together to help mitigate the time he may have to spend in a federal prison. FLAGSTAR BANK SUES MARYLAND MORTGAGE BROKER IN MICHIGAN FEDERAL COURT FLAGSTAR Bank has sued John Estrella doing business as Able Mortgage Co., a mortgage broker for allegedly selling the lender a loan package that did not meet Fannie Mae s requirements. According to the lender, the broker signed an agreement that made it liable for errors on the loan documents, while the broker argued that the error was made by the lender on the HUD-1 Settlement Statement. The court denied the lender s motion for summary judgment, finding that there were factual issues regarding the errors to the closing documents. The lawsuit is in U.S. District Court, Eastern District of Michigan
9 (Detroit) filed September 2013 and summary judgment by Flagstar has been denied. (case #: 2:13-cv gad-mkm) There is or appears to be one very strong defense to a lawsuit be Flagstar against brokers. It does not appear to have been raised here. I have spoken with defense counsel in Michigan and the defenses seem to be based on what Flagstar did after it acquired the loan documents from the broker. The defense appears good and we will follow the case to see the outcome. COLORADO AMENDS LAW ON BORROWER FORECLOSURE CHARGES Colorado has amended its provisions regarding the disposition of moneys charged to borrowers for costs to be paid in connection with a foreclosure. It now provides that all costs and fees charged must be accurately accounted for and that any overpayments based on prepayments or estimates must be promptly refunded. Additionally, in residential mortgage foreclosures the lender must have a single point of contact for a borrower to communicate with the lender concerning foreclosure matters after the borrower becomes delinquent in payments. Dual tracking is prohibited (i.e., lender doing loan modification and going forward with foreclosure at same time). Both laws are effective now. Account for the foreclosure money. Especially if you have it in a trust account such as an impound account and DO NOT DUAL TRACK. Page 9 of 13
10 SPEAKERS AND SPEAKING ENGAGEMENTS DATE: JULY 15, 2014 TIME: LOCATION: 10:30 a.m. 1:00 p.m. LAS VEGAS, NEVADA TOPIC: HOW TO DEVELOP BUSINESS FROM REAL ESTATE BROKERS WITHOUT VIOLATING RESPA SPONSORED BY: NEVADA ASSOCIATION OF MORTGAGE PROFESSIONALS SPEAKERS: HERMAN THORDSEN COST: TO BE DETERMINED BY THE NEVADA ASSOCIATION OF MORTGAGE PROFESSIONALS For over 40 years and its attorneys have represented clients in many areas of law including personal injury, administrative hearings where a license can be revoked, trusts and wills, criminal white collar defense, copyright and trademark protection, bankruptcy, civil lawsuits, as well as well as general real estate matters. Among others we are counsel to lenders, realtors, mortgage brokers in California and nationally. We are counsel to state trade associations in California, Nevada and Arizona. If we may serve you please contact one of our attorneys at: 151 Kalmus Drive, Suite B-250 Costa Mesa, CA (888) Herman Thordsen, Esq. Jozef G. Magyar, Esq. Sean Thordsen, Esq. REASONS YOU MAY WANT TO CONSULT WITH US ABOUT A CAR ACCIDENT If it is a minor fender bender, hiring a lawyer may be unnecessary. However, if the case is more serious and a lawsuit is probable you may need a car accident attorney. The cost to consult with us is free. As Attorneys we can help you recover money for your damaged property, medical bills, and personal injuries suffered by you and gather the evidence that presents your case favorably. Page 10 of 13
11 Here are the five signs you may need a car accident lawyer. If there is serious injury or death: Car accidents in which serious injuries or deaths occur are not only traumatic but they usually result in complex litigation due to the seriousness of the harm. Not only are there multiple legal issues as to liability involved but the damages suffered can be very high. You will need an attorney to help you calculate the damages; guide you through the various legal claims and the liens that may be placed by medical care providers. Where there are multiple parties involved in the accident as for example, unsecured cargo may fly off of one car and cause another car to swerve and hit a third vehicle or pedestrian. These create issues as to who is at fault but to what degree. One or more parties are uninsured. If so we review your policy for uninsured motorist coverage and if not enough the uninsured or underinsured driver can be checked for assets to determine if a civil suit should be filed against the driver and/or owner if the driver does not own the vehicle. Collecting evidence: A court order to obtain some car crash evidence may be necessary and a lawyer can help you obtain it if the case is going to mediation, arbitration and/or trail. For example, most new vehicles come equipped with a "black box" that records a few seconds of information during a crash. The information may be able to tell you how fast the car was going at the time of the collision or if the driver was wearing a seatbelt. The consultation is free and the lawyers is only paid if the trial is one or a settlement is entered into with your consent and then only paid if collected. Settlement agreements can be entered into before trial and save you time, anxiety and let you move on by the savings in litigation costs. Settlement talks are all about negotiation, which is something an experienced car accident lawyer can probably do better than you. Bottom line: If at any time after a car accident you're unclear about the law or how to proceed with a personal injury case, it never hurts to contact us at no cost to find out about your rights. IN A CAR ACCIDENT? Our trial lawyer is Alan Brown a member of the National Trial Lawyers Association and past president of the Orange County Trial Lawyers Association. The National Trial Lawyers of America is by invitation only to the 100 top trial lawyers in each state. We are quite proud of Alan s accomplishment and the fact that we may serve those of you that have been injured so that you receive just compensation for your injuries. Recently he has settled two or our cases for the policy limits. Perhaps we can assist you. CALIFORNIA LOW COST INSURANCE COVERAGE BASIC INSURANCE California s Low Cost Auto Insurance (CLCA) program helps good drivers that are income eligible afford auto insurance that meets the state s financial responsibility laws. Each policy provides liability coverage for the vehicle s primary driver and eligible secondary drivers. Each individual car owner may buy separate policies to insure up to two vehicles, per person under this program. All vehicles in your household must be covered under the CLCA program. Qualifying drivers must: Have a good driving record Be at least 19 years old Be continuously licensed to drive for the previous three years Own a vehicle valued at $20,000 or less Meet income eligibility requirements Page 11 of 13
12 Out of work? Expenses too high? This type of insurance is inexpensive. For example in Los Angeles County it is less than $400 per year. We do not sell it and it must be requested through the state but we can tell you where to go to apply on the internet if you call me. NOT BEING PAID BY YOUR EMPLOYER PROPERTY? We can discuss the issues with you at no cost for consumer and wage and hour violations. Some examples include 1) Failure to pay overtime, 2) failure to pay for all hours worked (i.e., training time, time working while at home or away from the work site, travel time to different work sites during the day, time spent donning and doffing uniforms, working off the clock); 3) mis-classification of employees as Independent Contractors; 4) failure to pay for maintaining uniforms (i.e., time spent driving to the dry cleaners and/or ironing); 5) failure to reimburse for expenses incurred by employees such as mileage, paying for uniforms, expenses for tools, interest on uniform deposits, or dry-cleaning of uniforms; 6) failure to provide a duty free meal period and/or rest break; 7) not properly compensating employees when paid for piece rate work; and 8) failure to calculate overtime at the correct rate by not including non-discretionary bonus pay when calculating the overtime rate. These are just a few examples. If you have any questions, call Herman Thordsen at no charge (888) for a free consultation. Page 12 of 13
13 IF YOU WOULD LIKE TO SUBSCRIBE TO THE MORTGAGE E ALERT AT NO COST PLEASE SUBMIT THE FOLLOWING INFORMATION by to Thordsen@ThordsenLawOffices.com By FAX: OR CONTACT US AT NAME: COMPANY: ADDRESS: CITY, STATE, ZIP CODE: TELEPHONE: If you do not desire to receive any further e mails from our firm please reply with the word UNSUBSCRIBE and you will be deleted from our e mail for all purposes. To ensure compliance with requirements imposed by the IRS, informs you that, if any advice concerning one or more U.S. Federal tax issues is contained in this communication (including any attachments), such advice is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein Page 13 of 13
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