THE "INCREDIBLE UGLY BABY AND WIFE" REASON: DIVORCE --- CHINA-STYLE, or "It's in the GENES, Mr. FENG!"

It's official! Worldwide, plastic surgery has begun to raise new legal issues and new legal problems.

Take, for example, the recent case in northern China of a man, Jian Feng, who divorced his wife for reasons of "marriage under conditions of fraud and false pretenses" when he discovered that prior to their marriage she was "absolutely startlingly ugly" and had spent over $100,000 on intensive plastic surgeries to drastically and radically improve her physical appearance prior to meeting him.

Apparently, Mrs. Feng had never told Mr. Feng about those pre-Feng-dating surgeries she had undergone.

The tip-off for Mr. Feng came when the couple's daughter, "baby" Feng, was born this year. Mr. Feng declared that he was "appalled" by the baby girl's physical appearance, calling the child "incredibly ugly" and saying she resembled neither one of her parents: neither the self-professed "good looking" Mr. Feng nor the post-$100,000 plastic surgery queen, Mrs. Feng.

It's in the genes, Mr. Feng!

After engaging in some investigation of his wife's background, discovering her extensive plastic surgery, and reviewing Mrs. Feng's before and after facial picture shots, Mr. Feng declared "No more" (no mes) and filed a civil lawsuit against Mrs. Feng on the grounds that she convinced him to marry her under false pretenses.

A Chinese judge agreed and awarded Feng a $120,000.00 judgment against his now ex-wife.

[PlanetIvy.com/ Man Divorces Sues Wife For Being Ugly Wins; for before & after comparison photos of Mrs. Feng see, www.irishexaminer.com/ireland/ chinese man sues wife after ugly baby born; gossiponthis.com/2012/10/29/ Chinese Man Sues Wife Giving Birth To Ugly Baby, Wins $120,000]

FEDERAL WHISTLEBLOWERS IN MARYLAND AND WASHINGTON, D.C.: A Primer by Whistleblower Attorney Charles Jerome Ware (PART I)

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, specializes in the protection of whistleblowers and their careers. We are: "Still working. Still committed. Still here to make a difference."

We believe that no employee should be punished for doing the right thing, and in particular those employees who have the courage and integrity to blow the whistle on corporate fraud, waste, and other unlawful actions. The U.S. Congress has enacted several laws that provide whistleblowers with protection from employer retaliation as well as monetary rewards for their service.

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is well-experienced in protecting whistleblowers.

You may have a claim as a Whistleblower if:

• You have uncovered illegal or unethical activity by your employer that you wish to report.
• Your employer is retaliating against you, or has retaliated against you, for reporting fraud or wrongdoing.
• You have reported, or you wish to report, the bribery of foreign government officials by U.S. companies or individuals.
• Your employer has engaged in, or is engaging in, fraudulent practices undermining the U.S. government such as double-billing, overcharging, or improper billing or coding.
• You need to protect your career because you have reported your employer's illegal or unethical conduct.
• Your reputation and/or financial stability is on the line because you did the right thing and spoke out about illegal or unethical activity.

Our attorneys have represented several individuals successfully in whistleblower claims, including:

• In-house counsel, chief financial officers and other executives,
• Doctors, nurses, Medicare billing specialists, accountants, and other employees of healthcare providers,
• Employees of government contractors who blow the whistle on employers who defraud the government
• Federal employees opposing fraud, waste, and abuse

Be aware that in the Maryland and Washington, D.C. area, as well as throughout the United States, there are a number of whistleblower laws enacted to protect you: whether you have experienced employer retaliation because you have done the right thing and spoken out when your employer violated the law or acted unethically; or, even, whether you simply have information but are afraid to speak out.

Some Whistleblower (or Retaliation) Statutes:

The decision for an employee to step up and blow the whistle on his employer, etc., can many times be a difficult one to make. We are here to help you make that decision. Some of the many laws available to protect the right of bona fide whistleblowers include:

• Maryland Whistleblower Act, SPP 5-201, et seq.:. This law prohibits retaliation leveled against an employee who reports abuses of employer power, safety violations, or gross mismanagement of money.
• Maryland False Health Care Claims Act (MD FCA). The MD FCA is similar to the Federal False Claims Act and authorizes the state government to reward whistleblowers who report attempts to defraud a Maryland state health plan or program. The law also prohibits employers from retaliating against employees who report the fraud or participate in a government investigation.
• Federal False Claims Act (FCA). The FCA authorizes the federal government to reward whistleblowers who report information regarding fraud committed by contractors against the federal government. Additionally, the law prohibits employers from retaliating against employees who report the fraud or participate in the government’s investigation.
• Sarbanes-Oxley Act (SOX) 18 U.S.C. § 1514A. SOX prohibits corporations from retaliating against employees who report fraud committed against the shareholders. Examples of protected conduct include reporting an employer’s improper entries on financial statements, raising a concern about a supervisor’s practice of backdating letters of credit, or reporting any other practices that the whistleblower reasonably believes would mislead shareholders.
• Dodd-Frank Act (DFA). The DFA establishes three new whistleblower anti-retaliation provisions.
• SEC Whistleblower. The SEC must reward whistleblowers who report corporate fraud exceeding $1 million. The law prohibits employers from retaliating against whistleblowers.
• Commodity Futures, Options, and Derivatives CFTC Whistleblower. The CFTC must reward whistleblowers who report the illegal manipulation of derivatives and options. The law prohibits employers from retaliating against whistleblowers.
• Financial Services Whistleblower. The law prohibits employers from retaliating against employees who report fraud related to a financial product or service, i.e., mortgages, credit cards, financial advice, etc....

Age Discrimination in Employment Act (ADEA)

29 U.S.C. § 623(d)

Americans with Disabilities Act (ADA)

42 U.S.C. § 12203(a) 29 C.F.R. Part 1640

Civil Rights Act of 1964 (“Title VII”)

42 U.S.C. § 2000e-3(a)

Clayton Act (antitrust)

15 U.S.C. § 15(a)

Clean Air Act

42 U.S.C. § 7622 29 C.F.R. Part 24

Comprehensive Environmental Response, Compensation and Liability Act (“Super Fund”)

42 U.S.C. § 9610 29 C.F.R. Part 24

Employee Retirement Income Security Act (ERISA)

29 U.S.C. § 1132(a), 1140

Energy Reorganization Act

42 U.S.C. § 5851 29 C.F.R. Part 24

Equal Pay Act

29 U.S.C. § 206(d)

Fair Labor Standards Act (wage & hour, child labor, minimum wage, overtime)

29 U.S.C. § 215(a)(3) 29 C.F.R. Part 783

False Claims Act

31 U.S.C. § 3730(h)

Family and Medical Leave Act [“FMLA"]

29 U.S.C. § 2615

National Labor Relations Act

29 U.S.C. § 158(a)(4)

Occupational Safety and Health Act

29 U.S.C. § 660(c) 29 C.F.R. Part 1977 (“Part 11(c)”)

Safe Drinking Water Act

42 U.S.C. § 300j-9

Sarbanes Oxley Act

18 U.S.C. § 1514A

Solid Waste Disposal Act

42 U.S.C. § 6971 29 C.F.R. Part 24

Toxic Substances Control Act

15 U.S.C. § 2622 29 C.F.R. Part 24

[www.whistleblowerlaws.com/ Whistlerblower Protections Act; www.ehow.com/ Whistlerblower Protection Act of 2009; www.bizjournals.com/Baltimore/ Fale Medicaid Claims; www.falseclaimsact.com; www.justice.gov/ False Claims Cases; "Blowing in the Wind: Answers for Federal Whistleblowers", 3 William & Mary Policy Review 184 (2012); Joel Hesh, Whistleblowing: A Guide To Government Reward Programs, Goshen Press (2009)]

WRONGFUL DEATH IN MARYLAND: A Primer by Maryland Attorney Charles Jerome Ware

The attorneys at the national law firm of Charles Jerome Ware, P.A., regret hearing about the wrongful death of anyone, but we are here for you and your loved ones when you have a wrongful death claim.

We recognize and understand the tremendous agony and emotional strain you are experiencing in this process, and we want to help you in any way possible to survive it.

Survival Actions and Wrongful Death Actions In Maryland

When a victim dies in an accident or from medical malpractice in Maryland, the deceased person's family may typically file two separate claims: a "survival action" and a "wrongful death" action.

The "survival action" is an action brought on behalf of the personal representative for the estate of the deceased, claiming recovery for the injuries suffered by the victim. Maryland law allows compensation to the deceased victim's estate for the pain and suffering and other damages, and actual expenses incurred by the victim that were suffered up to the moment of death.

The "wrongful death action" is brought by the relatives of the victim and it seeks compensation for the victim's accidental death.

In a survival action in Maryland, damages are measured in terms of harm to the actual. victim. The personal representative serves as the posthumous agent of the victim. In a wrongful death action in Maryland, damages are measured in terms of harm to loved ones as a result of the loss of the victim. In this case, the surviving relatives do not serve the agent for the decedent and act on their own behalf for their own loss.

One chief difference between a survival statute and a wrongful death statute is that if death is instantaneous, there can be no cause of action except for medical bills and funeral expenses under the Maryland survival statute. Of course, this is a fallacy of law; no one can argue that a parent who does not get to see their children grow up has not suffered a loss. But the law gives that claim to the children under the survival statute.

Statutes of Limitations

Any medical malpractice action must be filed either within five years from the date when the injury was committed or three years from the date when the injury was discovered, whichever is earlier [Md. Code Ann., Cts. & Jud. Proc. § 5-109 (1995)]. Against a minor, the statute does not begin to run until a claimant has reached the age of eleven, and if the action involves a foreign object or injury to the reproductive system, the statute does not begin to run until the claimant is sixteen. Id. Maryland’s highest court has held that the five-year part of the statute is not measured from the date treatment ends and does not violate the state constitution [Hill v. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985)].

A wrongful death action brought by the decedent’s dependents must be filed within three years after death [Md. Code Ann., Cts. & Jud. Proc. § 3-904 (1995)]. This statute applies to a wrongful death action brought on a medical malpractice theory, while § 5-109 applies to a survival action brought by the decedent’s estate.[Geisz v. Greater Baltimore Medical Center, 313 Md. 301, 545 A.2d 658 (1988)].

Some Wrongful Death Awards

- $3,000,000 Jury Award for Maryland pedestrian death.
- $1,300,000 Award. Wrongful death caused by hypertensive stroke during pregnancy (preeclampsia and eclampsia) arising from physician and nursing negligence in the hospital.
- $2,000,000 Award for Road Rage Wrongful Death [Attorney for Plaintiffs: Charles Jerome Ware]
- $1,125,000 Award for wrongful death resulting from failure to treat deep vein thrombosis (DVT), pulmonary embolus (PE) and negligent discharge from the hospital.
- $1,100,000.00 Award for wrongful death caused by negligent insertion of a chest tube in the emergency room.

[www.millerandzois.com/Wrongful Death, Survival Actions; www.mcandl.com/ Maryland Medical Malpractice; Understanding the Law: A Primer, by Attorney Charles Jerome Ware, iUniverse Publishers; voices.washingtonpost.com/crim-scene/ $3 Million Jury Award/ 03-11-2011]

LAW UPDATE: BAD DRUGS, "OLD MAN?" AND "BOW WOW" (the Rapper, not the Dog)

BAD DRUGS

Consistent with the mushrooming increase of pharmaceutical (drug) advertising in the media, it is not surprising that so-called "adverse drug events" are on the rise.

The Institute for Safe Medication Practices, an independent watch dog group is reporting a 23.8% increase in the number of reports of serious adverse (negative) events associated with the use of various medications during the first quarter of 2012 as compared to the same time period in 2011. The 57,393 adverse drug events represented a 30% increase over the number reported in the first quarter of 2011 (40,176).

The Institutes's Report, known as "Quarter Watch", relies primarily on data received from the Food and Drug Administration (FDA).

The Report covering the first quarter of 2012 said that the numbers are part of a "sustained and substantial growth" in adverse event reports associated with new and existing drugs.

The Report focused on four drugs - Takeda's Actos for diabetes, Eli Lilly's Cymbalta for depression, Novartis' Tekturna for high blood pressure, and Janssen's Xarelto, an anti-coagulant.

"No Room For Old Men?"

A 70-year-old Maryland man will receive $235,000 for his wrongful termination from his jobs as town administrator and finance director for Elkton, Maryland. The man filed his complaint with the Baltimore office of the U.S. Employment Opportunity Commission (EEOC), alleging age discrimination. The case was settled through the EEOC.

"Bow Wow (the rapper, not the dog) is not dead": Client Update

Star rapper Bow Wow was rumored in a fake and false "CNN website" to be dead.

In fact, the young, successful rapper and actor named Shad Gregory Moss, born in Columbus, Ohio, is doing very well with his hip hop career.

Being in the music and acting business can be enormously stressful, and especially for an artist in the hip hop genre who has been involved since he was just a 13-year-old child and is now only 25 years of age.

[Lawyers USA, dailyalert_USA@lawyersweekly.com/ "Watchdog Group: Adverse Drug Events Increase"; www.charged.fm/blog/ "Bow Wow's Fake Death"; thedailyrecord.com/Maryland; "Bow Wow", YouTube, 04-13-2009 (Retrieved 03-28-2012)]

SOUTH CAROLINA: "A 'GASP' BY FAKE DOCTOR AT 'AGAPE'"

Most criminals who steal identities do so for the immediate purpose of fraudulently acquiring products and/or cash using the victim's identity.

However, many criminals go a step further.

Take Ernest Addo, age 48, of Austell, Georgia for example. Addo was arrested and charged recently for stealing the identity of his "best friend", a doctor, and posing as a doctor at the AGAPE Senior Primary Care Center in Orangeburg, South Carolina.

Further, Addo got away with his scheme for over 6 months and treated up to 500 patients at the Center.

Needless to say, we are a 'gasp' at the actions and audacity of Ernest Addo at 'Agape'.

[thegrio.com/ 08-27-2012/ "Fake Doctor Who Treated 500 Patients Arrested In Georgia"; touchfm.org/ 08-27-2012/ Fake-Doctor]

FAKE BANKRUPTCY LAWYER IN BALTIMORE

Michael Mancini is a high school graduate who apparently did not believe he needed to attend college, finish law school and pass the bar exam in order to practice law in Baltimore City, Maryland.

He was wrong.

A bankruptcy court judge in Baltimore this week ordered the closure of Mancini's "law firm", Scalia & Seidel, issued a cease and desist order blocking him from conducting legal business, and ordered him to pay $261,000 in fines for "representing clients in bankruptcy cases".

[thedailyrecord.com/ 2012-10-24/ "Judge Shuts Down Fake Baltimore Law Firm"; www.law.com/jsp/law/ 10-25-2012/ "Judge Shuts Phony Law Firm Run By Attorney-Poser"]

BREAKINGS NEWS!!!: ANOTHER WHISTLEBLOWER STEPS UP --- BANK OF AMERICA (BOA) SUED FOR $1 BILLION MORTGAGE "HUSTLE"

A report from the national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors: "Still working. Still committed. Still here to make a difference."

The U.S. Justice Department has just filed a $1 billion civil lawsuit against Bank of America (BOA), alleging that one of its subsidiaries (so to speak), COUNTRYWIDE Mortgage, ran a "brazen" loan-origination mortgage fraud program called "The Hustle". The program allegedly tried to speed up the process of approving loans and selling them off to Fannie Mae (Federal National Mortgage Association) and Freddie Mac (Federal Home Loan Mortgage Association).

BOA's (Countrywide's) "Hustle" program, short for "High Speed Swim Lane", eliminated many underwriting reviews even on high-risk loans, cut compliance checks and balances, and brazenly compensated employees solely on volume of mortgage loans and not quality of the loans. Further, the Justice Department's civil complaint alleges, when early signs began showing that many of the loans were rapidly going into default status, BOA (Countrywide) callously ignored the warning signs and did not let Fannie Mae and Freddie Mac know what the bank saw coming with the mushrooming red flags of financial disaster.

It should be noted that this first civil fraud lawsuit brought by the U.S. Department of Justice over mortgage loans sold to Fannie and Freddie and other big mortgage financiers bailed out in 2008 was originally filed by a WHISTLEBLOWER.

We expect other civil fraud suits to be filed against the mortgage industry for selling millions of toxic loans to Fannie and Freddie.

[www.businessweek.com/article/ 2012/10/25/ "The Surprises in the $1 Billion Bank Suit"; uk.reuters.com/article/ 2012-10-25/ "U.S. Sues Bank of America over "Hustle" Mortgage Fraud"; money.cnn.com/ 2012-10-24/ "Bank of America Sue For Alleged Mortgage Fraud"]