“Buckets of Money” creator faces charges

Ray Lucia Sr., the creator of the retirement strategy called “Buckets of Money,” was charged by a judge with knowingly and fraudulently misleading potential investors.

Lucia has promoted his investment plan for years, both in books and on his San Diego-based financial show. However, he claimed that he performed backtests, which are methodical calculations. But when he was asked about the calculations, he said he did some in 1990 and no longer had copies.

The Securities and Exchange Commission, if they agree with the judge’s decision, will fine Lucia $300,000, bar him from associating with investing firms, and strip him of his investment adviser registration.

When it comes to investments, people should think twice about who they trust. Consult with multiple experts to find the best path.

 

College student gets jail time for rigging election

Matthew Weaver, a former Cal State San Marcos student, was sentenced on Monday to one year in prison.

Weaver stole 750 student passwords to rig a student council election in his favor. He used a key-logger to gather information, and he was caught on the fourth day of the election, when computer technicians noticed unusual activity on one of the campus computers.

Weaver did not think before he acted. He called his behavior “childish, foolish and arrogant.” Some might argue that it was the crime of an entitled kid, and it seems as though he has learned his lesson. Whether a mistake or not, the ultimate price will be the unintended consequences that were not previously considered. It appears, however, the defendant has remorse.

 

When media interferes with politics

“This case is an example of how politics and the media wrongly interfered with our American justice system.
First, law enforcement did its job and after its investigation concluded they did not have probable cause to arrest Zimmerman. However, there were inappropriate remarks by some politicians and others, including statements made by the President, that in turn were publicized by countless reporters in the media, that made the case more about race than thousands of other tragic deaths in society all over the United States. This pressure changed the direction of the case from a tragic accident or one of self defense to a charge of murder and manslaughter.
Everyone knows there are more killings in Chicago and Detroit than other large cities, but this scourge in comparison has received very little media attention, and certainly less remedial action by politicians and the President.
Second, when the goal of honest journalism is to analyze all of the facts to produce a fair and balanced report,we have in this case instead witnessed the opposite. Furthermore, this case is an example of how reporters fueled the fires, forcing the system to improperly react, resulting in Zimmerman being arrested and having to be jailed for a year while he waited for a trial. Then, the pundits argued the wisdom or lack thereof of the “stand your ground law” and ignored the most elementary rule of law, self-defense.
Lastly, even the judge apparently feared she would be unfairly criticized so defense objections in the Zimmerman trial were overruled and evidence the defense sought to introduce was barred. It appears the judge was overly concerned the media would blame her if there was an acquittal.
In the end, we all lose when our justice  system is manipulated and/or influenced by politics and not objectivity and restraint. Here, the rule of law was sacrificed in order to satisfy political correctness (politics and the media), but it is hoped this case will now have a positive influence so what took place is never repeated.”
Commentary by 
Sam Spital, San Diego Criminal Defense Lawyer and Former Deputy Attorney General, State of California Department of Justice. 

Filner’s sexual harassment debacle

While the rates of sexual harassment have fallen in recent years, it is still a pervasive problem, especially in the workplace.

Scandals such as the recent call for the resignation of San Diego Mayor Bob Filner remind us that the problem is not going away by itself, and that the harassment can hurt more than just the person who is being harassed. In the case of businesses, sexual harassment cases can divide teams, destroy trust, damage reputations, and potentially make the business lose money.

An accusation of sexual harassment, whether it is true or not, can be destructive. Either the allegations are true, and women are being treated in an abusive manner, or the allegations are false, and a dark shadow is cast over someone’s reputation.

 

Human trafficking charges brought against Saudi princess

A Saudi princess was charged on Wednesday with human trafficking after a Kenyan woman escaped from a condominium where she said she was being held against her will.

The 30-year-old Kenyan woman said that she had been hired in Kenya in 2012, taken to Saudi Arabia, and promptly had her passport taken away from her. She then was forced to work long hours for less than she was promised she’d be paid, and she was not allowed to leave.

Meshael Alayban, one of the wives of Saudi Prince Abdulrahman bin Nasser bin Abdulaziz al Saud, did not appear in court on Wednesday.

Treating other humans as pieces of property is a grave offense. Alayban said that she will address the charges, so it will be interesting to hear her explanation of the events.

 

Retail sale of dogs and cats banned in San Diego

It is a sad reality that once again free enterprise is being controlled, as proponents have prevailed in the argument that far too many businesses that breed animals have in the process exploited small pets. Perhaps if there had been adequate self-regulation, fewer critics would have gained notoriety and prevailed in their narrative.

It seems emotion has ruled over reason and we are seeing one more example of government getting bigger and, therefore, sacrificing our cherished rights and personal liberties.

With far better education as well as more and appropriate media coverage, this and so many issues could be addressed without government intervention.

Court finds that tax evasion convictions show moral turpitude

After veterinarian John Cottingham pled guilty to two felony charges relating to failure to pay payroll taxes, he faced professional disciplinary charges from the South Carolina Board of Veterinary Examiners.

The board’s charges included a reprimand and fine, among other penalties. Cottingham appealed the discipline, saying that the board had exceeded its authority.

Cottingham had cited a state statute that turned out only to apply to people who were applying for initial licenses, not current license-holders.

When appealing charges, on should make sure the grounds of the appeal are valid. There can be unintended consequences such as being responsible for the other side’s attorney fees and costs. More importantly, if the underlying case does not have a proper record (evidence, objections, etc.), the grounds for appeal my be strictly limited.

Female inmates sterilized without approval

The Center for Investigative Reporting has found that almost 150 women were sterilized by the California Department of Corrections and Rehabilitation between 2006 and 2010 without state approval. Former inmates and prison staff both say that patients were coerced into being sterilized, and those who were targeted were often pregnant, and were those deemed likely to return to prison.

The tubal ligation procedure for prisoners has required approval from top medical officers on a case-by-case basis since 1994. No requests have come before the health committee, yet at least 60 were performed at Valley State Prison for Women, and many were performed at California Institution for Women.

It is disgusting to treat human beings in this way. These women’s bodies are their own, and have the right to decide whether or not they should be able to bear children. A licensed professional should not be able to manipulate and coerce people in this way. It is against the code of ethics and against human decency.

Some proponents will argue that society has a vested interest in the welfare of the children of those who lack good judgment. All taxpayers not only pay a huge sum of money to incarcerate criminal offenders, but for their medical conditions and/or diseases. Some pundits ask why we spend more money for each staff to operate our prisons than we pay teachers.
As long as we debate the pros and cons of this and all other important  topics of particular interest, we will eventually reach a consensus if not a reasonable and proper solution.

Killing of pit bull sparks controversy

Pit bulls are known as dangerous, unpredictable dogs, so when a San Diego man admitted to shooting one, it sparked a debate.

Lee Pattison, a 24-year-old Navy diver, was on the sidewalk when he said that a pit bull across the street broke loose from his tether and attacked his Husky dog, Bolt. Pattison said that he punched the pit bull several times, during which time it bit him on the thigh. Pattison went inside to get his shotgun and eventually, after hitting the pit bull with the butt of the gun several times, shot and killed the dog.

Pit bulls have a rabid following of people who maintain that they are misunderstood animals. The real issue here, though, is animal control. No matter what type of dog a pet owner may have, they should keep it on a leash or fenced in when outside. It is negligent to let a pet run around, especially when it has the potential to injure another pet or person. The debate about pit bull dogs and their somewhat uncertain and possible propensity to bite, though some seem loving and gentle during other times, will undoubtedly continue as long as these pets are not properly safeguarded to prevent any attack or harm to others, including another animal.

2.5 million put at risk from security breaches in 2012

There were about 130 breaches of consumer data in California in 2012, according to a recent report. This put about 2.5 million people at risk.

The area that had the most breaches was the retail sector, with financial institutions and insurance providers following on the list.

Personal data being compromised is not only newsworthy but evinces a horrible scourge in society today. If we cannot rely upon our private information being protected by and with whom we conduct business, we will have to go back to the days of cash only and 100% anonymous transactions. It seems elementary that when we pay a fee to use credit cards and part of the cost of the items we buy of necessity includes an implied if not express promise our privacy should and will be protected. It is despicable that we cannot fully rely upon being safeguarded by these organizations, whether small or large, governmental or in the public sector.

 

Ratings and Reviews

BBB 10.0Samuel Eugene Spital
Samuel E. SpitalClients’ ChoiceAward 2021 Samuel Eugene SpitalClients’ ChoiceAward 2020
avvo rated 10/10 in Criminal Defense avvo rated 10/10 in Juvenile Law avvo rated 10/10 in Licensing
avvo rated 10/10 in Personal Injury Top ContributorAward 2012Samuel Eugene Spital Samuel Eugene SpitalReviewsout of 207 reviews