Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Sunday, 14 October 2012

You should’ve served US better and died!’ Debt collector berates disabled veteran



A debt collector, angered that a disabled US Army veteran was living off of disability payments, told him he “should have died” in war instead of "taking advantage of" other Americans.

Minnesota-based debt collection agency Gurstel Chargo is now facing a lawsuit for verbally abusing the Army vet over a $6,000 defaulted student loan, Courthouse News reports.

“If you would have served our country better you would not be a disabled veteran living off Social Security while the rest of us honest Americans work our asses off,” one of the agency’s debt collectors allegedly told the vet. “Too bad, you should have died.”

Michael Collier was declared 100 per cent disabled after suffering permanent spine and head injuries while in the Army. As a result, both Collier and his wife receive disability payments from the federal Social Security Administration, which are exempt from seizure by debt collectors.

But in an attempt to collect on the defaulted student loan, the collector seized the money from Collier's wife’s savings account. The credit union then proceeded to freeze her account.

The Colliers filed an objection and requested a court hearing, at which the couple was told their frozen funds were exempt from such garnishment.

But the debt collection agency’s lawyer continued to harass the couple. Telling Collier “he would need to get a lawyer in order to get his money back,” an unidentified paralegal cursed at and threatened him over the phone.

“F--k you!” the paralegal allegedly said, “Pay us your money! You can’t afford an attorney. You owe us. I hope your wife divorces you.”

The couple is now seeking compensation for actual damages, statutory damages, and punitive damages for violations of the Fair Debt Collection Practices Act (FDCPA), privacy invasion, malicious infliction of emotional distress and conversion.

The FDCPA considers it abusive for a debt collector to make empty threats, misrepresent the legal status of a debt, or use obscene of profane language.

According to the Daily Beast, debt collectors sometimes use abusive techniques to pry money from the indebted because of the commission rates they receive. On average, debt collectors make 20 cents for every dollar recouped. At this rate, the Colliers’ debt would be worth $1,200 to Chargo.

Verbal harassment is a commonly-used technique to instigate debtors into making payments. In 2010, the Federal Trade Commission received 50,000 complaints about severe harassment from debt collectors, 18,000 of which included the use of obscene language.

And some say that number is low.

“That’s just the tip of the iceberg, as far as I’m concerned,” attorney Sergei Lemberg told the Daily Beast.

While Chargo's berating took it too far for the Colliers, there are of thousands of cases of abuse that never make it to court.

Thursday, 11 October 2012

Syria accuses Turkey of 'air piracy', demands return of seized cargo



Damascus said that the Syria-bound commercial jet diverted to Ankara Wednesday night was not carrying prohibited cargo, and demanded Turkey return the goods it seized. The airline accused Ankara of brutality and illegal provocations.

In its comments on the interception, the Turkish Foreign Ministry alleged that the plane’s cargo contained elements “not legitimate in civilian flights.” Turkish media speculated that security forces had seized communication equipment, radio terminals and missile components.

But the Syrian Transport Ministry insists the cargo on the Syrian Air plane, which was flying from Moscow to Damascus, was within the regulations. The ministry accuses Turkey of piracy.

“The actions of the Turkish authorities are air piracy which violates civil aviation agreements,” said Transport Minister Mahmoud Ibrahim Said. “They have the cargo – but we still have the documents. If there’s anything wrong, as their officials insist, let them prove it.”

On Thursday, the Syrian Foreign Ministry demanded the cargo be returned “whole and safe,” and said there were “no weapons or prohibited cargo” on board.

Russian airport representatives also said that customs and security services did not find anything suspicious in the cargo before the 35-passenger plane was cleared for takeoff. All the relevant inspection documents were passed over to officials for investigation, the Vnukovo Airport press service said.

The civilian plane was diverted mid-flight by F-16 fighter jets, and was not allowed to leave the international airport in Ankara for around nine hours until Turkish officials finished inspecting the plane’s cargo.
‘Turkish officials took out guns and cuffed us’

Turkey said it was permitted under international law to intercept any planes which may threaten its security. The Foreign Ministry also remarked that the pilot of the Syrian Air Airbus had been warned of Turkey's intention to ground it and was given the chance to turn back, but that he decided to continue his course.

Ghaida Abd Al-Latif, director of plane owners Syrian Air, argued that Turkey did not ask the aircraft pilots to land, and instead immediately dispatched fighter jets, putting passengers’ lives in danger.

“The Chicago Convention allows inspecting passenger planes,” Ghaida Abd Al-Latif said. “If the captain refuses to land, the country may send fighter jets. But in this case, the captain suddenly saw unidentified objects on radar. They proved to be Turkish fighter jets flying so close it could lead to disaster.”

The plane landed in territory belonging to the Turkish military, which seized “boxes and electronic equipment,” but refused to explain their actions, Al-Latif said. The crew demanded that the authorities issue a receipt for the cargo, citing international law.

“The Turks refused to issue the document, but the crew insisted. After that they turned aggressive hurting one of the crew and several passengers. And this all came on top of the stress everyone on board had been going through,” Al-Latif said.

Jasem Kaser, the engineer on that flight, said that the Turkish authorities found nothing suspicious after opening the plane’s cargo.

“[Turkish officials] still ordered us to go out and ordered to take the boxes out. I requested a receipt. They demanded we unload and they’ll give a receipt later,” Kaser said. “Then they aimed their guns at us, cuffed us, put in two cars and took to the ramp.”

Turkish officials also reportedly pressured the crew to sign a statement that called the detour an ‘emergency landing,’ which the crew refused to sign.

“We are filing protests to all international bodies including the International Civil Aviation Association and Arab Air Carriers Organization – as well as human rights bodies,” Syria’s Transport Ministry said in a statement. The ministry argued that the plane was detained in Ankara for far longer than was necessary to conduct an inspection.

Moscow roundly criticized Turkey over the incident, and for endangering the 17 Russians on board the flight. The Russian envoy to Turkey visited the country’s Foreign Ministry after Moscow demanded that Ankara explain why it failed to inform them of the presence of Russian nationals on the flight.

The Russian Foreign Ministry also demanded an explanation for why the passengers – including children and the elderly – were prohibited from leaving the plan for several hours, and were not provided food.

Tensions between Syria and Turkey have escalated after mortar shells were fired across the country’s shared border from Syrian territory last week, killed five civilians in a Turkish town. Turkey responded by deploying troops, armored vehicles and F-16 fighter jets along the volatile border

NATO sources said the Turkish forces were placed on high alert after Wednesday’s incident. This followed Ankara’s orders for the national airlines to avoid entering Syrian airspace.

Turkish media reported that Syria responded by barring Turkish aircraft from its airspace, a charge later denied by the Syrian Foreign Ministry.

Ankara, once an ally of Syria, has become an outspoken supporter of the 19-month-long uprising in Syria that seeks to topple the regime of President Bashar Al-Assad’s regime. Turkey hosts over 90,000 refugees from the Arab country, where according to the UN estimates more than 18,000 people have died in the unrest.

Thursday, 4 October 2012

Building tension? Japan construction plans for disputed islands sure to upset China



Tokyo’s governor, who sparked Chinese fury by his proposal to buy disputed islands, has announced plans to build on the archipelago. The nationalist seeks to cement Japan’s claim, but will likely exacerbate strained relations with its neighbor.

Officials close to Governor Shintaro Ishihara told Reuters that he would attempt to win support for the construction project from the conservative Liberal Democratic Party, which is pitted to win the coming elections.

"With an Ishiba or Abe government we could use the funds we have raised to build some kind of shelter for ships or a transmitter or lighthouse," Deputy Naoki Inose told Reuters. Ishihara reportedly hopes to raise about US$19,000 in order to install infrastructure on the islands.

Ishihara’s deputies said that basic infrastructure on the Senkaku Islands, known to the Chinese as the Diaoyu, would ensure the safety of Japanese fishermen in the area.

Japan has administered the islands for last few decades and maintains that its neighbors’ interest in them is comparatively recent.

Japan provoked Chinese ire when it sought to purchase the disputed islands at the beginning of September. Ishihara originally put forward the idea to buy the archipelago in April as a solution to the territorial conflict.

China’s government was incensed by the move, branding it as an affront to Chinese sovereignty and an act of provocation on the part of the Japanese.

Although the islands are uninhabited, they are believed to house significant gas resources and the sea around them is a rich fishing ground. The further complicate the territorial dispute, Taiwan also lays claim to the archipelago.

The escalation of tensions between the two Asian nations triggered mass anti-Japan protests across China, in which activists attacked Japanese cars and vandalized shops, forcing businesses to cease operations. A wave of demonstrations also swept through Japan, decrying the Chinese claim over the islands.

An appeal for “cool heads” by the US saw tensions between the two countries abate. However, Ishihara’s construction plans may see the conflict reignited.

Associate Professor at the National Graduate Institute for Policy Studies in Tokyo said to Reuters that the new plans have the potential to "re-create the situation we have just gone through – strong reaction from China followed by demonstrations and attacks on Japanese companies."

The Chinese government maintains the assertion that the islands have belonged to them since ancient times and were stolen by the Japanese in 1895 following a war with China.

Japan, on the other hand, dismisses these claims and states that the Chinese only began to contest the sovereignty of the archipelago a few decades ago and had previously not challenged Japanese control.

Turkish parliament authorizes cross-border military operations in Syria



Turkey’s parliament has authorized cross-border military operations into Syria ‘when necessary.’ The move follows a cross-border mortar-shelling into Turkey which Damascus has apologized for.

The Turkish parliament voted 320-129 in favor of the bill, though the government was quick to eliminate the perception they country preparing for a unilateral military assault.

Turkish Prime Minister Recep Tayyip Erdogan said Turkey "does not want to "start a war"  with Syria while speaking at a press conference on Thursday evening .

"All we want in this region is peace and security. We have no intention of starting war. We are aware of the outcome, consequences, of war in Iraq and Afghanistan…we see the same in Syria," Al Jazeera cites him as saying. But Errdogan warned the country was capable of defending itself against threats after he claimed that new shells coming from Syria had landed on Turkish soil on Thursday.

"An accident can be called 'an accident' once, twice, three times, but four, five six times," Errdogan continued.

His statements regarding the bills follow those made by Deputy Prime Minister Besir Atalay following the vote on Thursday.

“The bill is not for war… It has deterrent qualities,” he said.

Atlay stressed that Turkey’s priority was to act in conjunction with “international institutions” on Syria. He further said the Syrian government "has admitted what it did and apologized. The deputy premier added that Syria had given its assurances "such an incident would not be repeated."

Syria's UN envoy  said on Thursday that “Syrian authorities confirmed that they are seriously investigating the source of the [attack] that lead to the death of Turkish citizens.”

Ambassador Bashar Ja'afari read out a letter which had been delivered to the UN Security Council expressing Syria's "deepest condolences" to the families of the victims of Wednesday's mortar attack which killed five civilians in southeast Turkey.

He called for both sides to act "wisely" and "rationally", saying that "undisciplined, armed terrorists" operating on the countries' shared border posed a threat not only to Syria, but the greater region. He further claimed the long Turkish-Syrian border had been used as a conduit for terrorists to smuggle arms into Syria.

Ja'afari insinuated the Turkish response to the incident had been disproportionate, however, saying that Turkey had shelled southern Syria for nearly 12 hours straight following Wednesday's attack.

He also charged that retaliatory shelling from Turkey on Thursday morning injured two Syrian army officials.

Ja'afari criticized "one member" of the UN Security Council for finding "itself incapable of issuing an official position to condemn these terrorist attacks" that killed dozens in Aleppo on Wednesday.

A document posted online by an al-Qaeda affiliated group called the al-Nusra Front claimed responsibilty for the multiple bombings, but the UN security coucil has thus far remained silent.

US secretary of state Hillary Clinton in contrast was quick to condemn Syria for Wedensday's mortar attack in Turkey. "We are outraged that the Syrians have been shooting across the border. We are very regretful about the loss of life that has occurred on the Turkish side. We are working with our Turkish friends."

'You can wage a world war'

The government-initiated debates in the Turkish parliament to decide on how hammer out a response to Wednesday's cross-border incident took place behind closed doors. The cabinet of Turkish Prime Minister Tayyip Erdogan claimed the Syrian military had launched an act of aggression against Turkey.

MP Muharrem Ince from the opposition Republican People’s party said the motion was dangerous as it had no clearly defined limits.

"You can wage a world war with [this motion],"Hürriyet Daily News cites him as saying.

Ince also lambasted the fact that the session took place outside of the public view.

"Why would you hide this from the people? Will it be your children that go to war? People are not going to know why they have sent their children to war," he said.

On Wednesday at least three mortar bombs fired from Syria killed five civilians and wounded at least eight in the Turkish town of Akcakale. It was the second such mortar attack on the Turkish town since last Friday. Foreign Minister Davutoglu warned he would take action if there were a repeat in the wake of the shelling.

After a heated debate an urgent parliamentary session has opted to apply the new law.

Originally the bill targeted militants of the Kurdistan Workers Party (PKK) fighting for independent Kurd state for the last three decades. The Kurds have bases in northern Iraq, de-facto not controlled by the government in Baghdad. The Turkish military has conducted a number of air and ground assaults on Kurdish positions in Iraq, most of them considered successful.

The debates around the move have sparked sharp negative reaction among the Turkish population. While a small group of anti-war protesters rallied outside the Turkish parliament in Ankara, a real anti-war storm has been initiated by Turkish and foreign activists on social networks both inside and outside of Turkey. The hashtag #savasahayir (no to war) quickly spread beyond Turkish borders into global social networking.

'Turkey should proceed with caution'

Former Pentagon official Michael Maloof told RT Turkey would likely exercise caution, as they did when Syria shot down a Turkish fighter in June.

“If you look at the example of the shoot down of the aircraft, they did go to NATO, they did everything under Article 4 [which allows for consultations if a NATO state feels threatened]. They did it again as a result of this incident. I think it is in Turkey’s interest to proceed very, very cautiously. They don’t want to get into a full conflagration with the Syrians, and also you have a lot of background pressure, particularly from the Russians, for calm,” he said.

Maloof also stressed that the actual source of the mortar attack had not been confirmed, as the opposition could use such an assault to provoke a Turkish military response.

“I think there still needs to be an investigation of that [attack], but I think Turkey’s going to remain very cautious. I don’t think they are going to try to get NATO to launch [an attack] under Article 5 [NATO’s key collective defense principle]. Frankly I don’t think NATO would be in the position or have a desire to do that,” he said.

“Consequently, rather than push that issue and cause a potential rift between Turkey and NATO, I think Turkey could, conceivably under the authorization of its parliament, at least set up a buffer zone just inside Syria to prevent this from happening again,” Maloof continued.

Eric Draitser, a geopolitical analyst from stop imperialism.com told RT that he believes Syrian rebels based on the border may be emboldened by Turkey’s announcement and feel they are protected from Syrian troops.

“The Adena base, which is, as was reported by Reuters, right around Incirlik NATO base inside of Turkey, this is one of the centers of Jihadists, which are infiltrating into Syria, now we have this revelation that Turkey is at least formally preparing for war, its entirely likely that they will use that as the pretext for unleashing at least a new wave of infiltrations into Syria,” he said.