Victims of Crimes

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Tuesday, March 5, 2013

A Consumer Service Fraud Practice for Billing in Lombard - GHWittler - Open Salon

A Consumer Service Fraud Practice for Billing in Lombard - GHWittler - Open Salon

The Village of Lombard Water Service Department managed by Sharon Meyers has a water bill for $118.00US which was being used by Keith Steiskal at the Building Permits Departments to deny a building permit purchase requested by the Zees Group Disaster Restoration Services, in care of Mr. Zee Kawa, contractor, www.zeesgroup.com . Even when there was No Water, No Sewage, and No Water Service since 2004, 2005, when the Lombard plumbing pipes burst under ungauged and excessive water pressure released by the Village of Lombard Public Works, there was No Water or Sewage Service at 502 S. Westmore Avenue —the Village of Lombard had already installed new PSI valves to monitor water pressure for Lombard water mains which overflow to cause plumbing failure, water flooding and damages, www.villageoflombard.org.
The Village of Lombard adds surcharges, overcharges, and triple the water service charges and sewage utilities billing for resident homeowners in DuPage County, Illinois, USA. Lombard even overbills resident homeowners for water utility services as part of the consumer service fraud practice at the Village of Lombard Town Hall in DuPage County, Illinois USA. Waterbill padding for surcharges, overbilling, and surplus service charges are a common business deceptive practice used by the Village of Lombard to collect additional funding from resident homeowners in DuPage County, Illinois USA. A Lombard water bill can duplicate or triplicate consumer usage per household based on surcharges and overbilling service charges attached for deceptive business practices in the Town Hall, subject to consumer service fraud, www.ftc.gov, in DuPage County, Illinois USA.

Monday, March 4, 2013

C.A. No.7:03-2141-HFF (D.S.C.), Spartanburg Antitrust Class Action Litigation vs. Hillenbrand Industries, Inc. et al.

Subject: C.A. No.7:03-2141-HFF (D.S.C.), Spartanburg Antitrust Class Action Litigation vs. Hillenbrand Industries, Inc. et al. Response to FEDEX Overnight Mail Delivery on Thursday morning, October 5, 2006 Attn. Honorable Judge Henry F. Floyd Cc: Richard L. Wyatt, Jr. Donald S. Russell Federal Building AKIN, GUMP STRAUSS HAUER & FELD LLP 201 Magnolia Street 1333 New Hampshire Avenue, N.W. Spartanburg, South Carolina 29306 Washington, D.C. 20026-1564 Attn. U.S. District Court for the District of South Carolina Cc: Lawrence Macon Office of the Clerk of the Court AKIN, GUMP STRAUSS HAUER & FELD LLP Greenville, South Carolina 29601 300 Covenant Street, Suite 1500 San Antonio, TX 78205-3732 Attn. Richard Senzer Cc: Gordon Ball The Garden City Group, Inc. BALL & SCOTT 105 Maxess Road 550 West Main Street, Suite 601 Melville, New York 11747 Knoxville, TN 37902 Attn. Spartanburg Settlement Administrator (Garden City Group) Spartanburg Antitrust Class Action Litigation c/o The Garden City Group, Inc. P.O. Box 9000 #6394 Merrick, NY 11566-9000 USA Cc: To Whom It May Concern Your Ref: U.S. Priority Mail USPS#161562-9552, 2.30 oz., Mailed on October 6, 2006, 10H29AM, Chicago IL 60604 Enclosed the Spartanburg Antitrust Class Action Litigation Claim Form, Claim No.1003077, Control No. 1494125669, along with (3) Hill-Rom Clinitron Orders, Vouchers, Proof of Customer Service for the late Mr. Roberto Hung, signed by his Daughter, Gardenia C. Hung, Trustee/Executor of the Estate of Mr. Roberto Hung at 502 S. Westmore-Meyers Road, Lombard, Illinois 60148-3028 USA RE: Mr. Roberto Hung’s Legal Claim Request for Payment from the Settlement Action Proceeds pursuant to C.A. No.7:03-2141-HFF (D.S.C.), Spartanburg Antitrust Class Action Litigation vs. Hillenbrand Industries, Inc. et al., in care of his Daughter, G.C. Hung, M.A., on behalf of Claim No.01003077, Control No.1494125669, since June 29, 2006 and August 23, 2006, Telephone Calls, Emails, and inclusive correspondence. Dear Sirs, Madam, To Whom It May Concern: Following receipt of your FEDEX Overnight Mail Delivery on Thursday morning, October 5, 2006, and on behalf of the late Mr. Roberto Hung, I am legally requesting my father’s valid and certified claim for cash payment from the Settlement Action Proceeds Proceeds pursuant to C.A. No.7:03-2141-HFF (D.S.C.), Spartanburg Antitrust Class Action Litigation vs. Hillenbrand Industries, Inc. et al., to be addressed and mailed in care of his daughter, G.C. Hung, M.A., on behalf of Claim No.01003077, Control No.1494125669, since June 29, 2006 and August 23, 2006, Telephone Calls, Emails, and inclusive correspondence. My name is Gardenia C. Hung, M.A. For your reference, I have forwarded U.S. Priority Mail USPS#161562-9552, 2.30 oz., Mailed on October 6, 2006, 10H29AM, Chicago IL 60604 with the enclosed Spartanburg Antitrust Class Action Litigation Claim Form, Claim No.1003077, Control No. 1494125669, along with (3) Hill-Rom Clinitron Orders, Vouchers, Proof of Customer Service for the late Mr. Roberto Hung, signed by his Daughter, Gardenia C. Hung, Trustee/Executor of the Estate of Mr. Roberto Hung at 502 S. Westmore-Meyers Road, Lombard, Illinois 60148-3028 USA. Please acknowledge receipt and respond by mail accordingly with the corresponding pro rata share of the Settlement Fund. Thank You for your prompt attention to this matter.

720 ILCS 5/12-7.1 Hate Crimes in Illinois

720 ILCS 5/12-7.1
(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1) Sec. 12-7.1. Hate crime. (a) A person commits hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, he commits assault, battery, aggravated assault, misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action, disorderly conduct, harassment by telephone, or harassment through electronic communications as these crimes are defined in Sections 12-1, 12-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-2, and paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code, respectively. (b) Except as provided in subsection (b-5), hate crime is a Class 4 felony for a first offense and a Class 2 felony for a second or subsequent offense. (b-5) Hate crime is a Class 3 felony for a first offense and a Class 2 felony for a second or subsequent offense if committed: (1) in a church, synagogue, mosque, or other
building, structure, or place used for religious worship or other religious purpose;
(2) in a cemetery, mortuary, or other facility used
for the purpose of burial or memorializing the dead;
(3) in a school or other educational facility,
including an administrative facility or public or private dormitory facility of or associated with the school or other educational facility;
(4) in a public park or an ethnic or religious
community center;
(5) on the real property comprising any location
specified in clauses (1) through (4) of this subsection (b-5); or
(6) on a public way within 1,000 feet of the real
property comprising any location specified in clauses (1) through (4) of this subsection (b-5).
(b-10) Upon imposition of any sentence, the trial court shall also either order restitution paid to the victim or impose a fine up to $1,000. In addition, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency shall include a condition that the offender perform public or community service of no less than 200 hours if that service is established in the county where the offender was convicted of hate crime. In addition, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency shall include a condition that the offender enroll in an educational program discouraging hate crimes if the offender caused criminal damage to property consisting of religious fixtures, objects, or decorations. The educational program may be administered, as determined by the court, by a university, college, community college, non-profit organization, or the Holocaust and Genocide Commission. Nothing in this subsection (b-10) prohibits courses discouraging hate crimes from being made available online. The court may also impose any other condition of probation or conditional discharge under this Section.
(c) Independent of any criminal prosecution or the result thereof, any person suffering injury to his person or damage to his property as a result of hate crime may bring a civil action for damages, injunction or other appropriate relief. The court may award actual damages, including damages for emotional distress, or punitive damages. A judgment may include attorney's fees and costs. The parents or legal guardians, other than guardians appointed pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987, of an unemancipated minor shall be liable for the amount of any judgment for actual damages rendered against such minor under this subsection (c) in any amount not exceeding the amount provided under Section 5 of the Parental Responsibility Law.
(d) "Sexual orientation" means heterosexuality, homosexuality, or bisexuality.
(Source: P.A. 96-1551, eff. 7-1-11; 97-161, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13.)

Friday, March 1, 2013

Reauthorization of the Violence Against Women Act

Department of Justice Office of Public Affairs FOR IMMEDIATE RELEASEThursday, February 28, 2013Statement by Attorney General Eric Holder on the House Passage of the Reauthorization of the Violence Against Women Act Attorney General Eric Holder issued the following statement today on the House passage of the reauthorization of the Violence Against Women Act: “I am pleased that Congress has voted to reauthorize the Violence Against Women Act (VAWA), a landmark law that has transformed the way we respond to domestic and sexual violence. This reauthorization includes crucial new provisions to improve our ability to bring hope and healing to the victims of these crimes, expand access to justice, and strengthen the prosecutorial and enforcement tools available to hold perpetrators accountable. “Congress has also taken an historic step to finally close the loophole that left many Native American women without adequate protection. With this bill, tribes and the federal government can better work together to address domestic violence against Native American women, who experience the highest rates of assault in the United States. The bill also provides funding to improve the criminal justice response to sexual assault, ensuring that victims can access the services they need to heal. And it will help to build on evidence-based practices for reducing domestic violence homicides and prevent violence against our nation’s children, teens, and young adults. “I applaud Congress for passing a bipartisan reauthorization that protects everyone – women and men, gay and straight, children and adults of all races, ethnicities, countries of origin, and tribal affiliations. The Department of Justice looks forward to implementing this historic legislation after it is signed into law.”

Friday, February 8, 2013

NVCAP: Enforceable National Amendment for Crime Victims' Rights

NVCAP
Now is the time for all victim advocates to encourage their Members of Congress to show their support for crime victims' rights by co-sponsoring House Joint Resolution 106, the Federal Victims' Rights Amendment. The more co-sponsors for H.J.Res. 106, the more likely the House Judiciary Committee will report the measure out for action by the full House of Representatives. Click here for information on contacting your Member of Congress.

Saturday, February 2, 2013

USDOJ: Office of the Victims' Rights Ombudsman

USDOJ: Office of the Victims' Rights Ombudsman

Crime Victims' Rights Act

18 U.S.C. § 3771. Crime victims' rights
(a) RIGHTS OF CRIME VICTIMS.--A crime victim has the following rights:
(1) The right to be reasonably protected from the accused.
(2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused.
(3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
(4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.
(5) The reasonable right to confer with the attorney for the Government in the case.
(6) The right to full and timely restitution as provided in law.
(7) The right to proceedings free from unreasonable delay.
(8) The right to be treated with fairness and with respect for the victim's dignity and privacy.
(b) RIGHTS AFFORDED.--In any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a). Before making a determination described in subsection (a)(3), the court shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision denying relief under this chapter shall be clearly stated on the record.
(c) BEST EFFORTS TO ACCORD RIGHTS.--
(1) GOVERNMENT.--Officers and employees of the Department of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a).
(2) ADVICE OF ATTORNEY.--The prosecutor shall advise the crime victim that the crime victim can seek the advice of an attorney with respect to the rights described in subsection (a).
(3) NOTICE.--Notice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person.
(d) ENFORCEMENT AND LIMITATIONS.--
(1) RIGHTS.--The crime victim or the crime victim's lawful representative, and the attorney for the Government may assert the rights described in subsection (a). A person accused of the crime may not obtain any form of relief under this chapter.
(2) MULTIPLE CRIME VICTIMS.--In a case where the court finds that the number of crime victims makes it impracticable to accord all of the crime victims the rights described in subsection (a), the court shall fashion a reasonable procedure to give effect to this chapter that does not unduly complicate or prolong the proceedings.
(3) MOTION FOR RELIEF AND WRIT OF MANDAMUS.--The rights described in subsection (a) shall be asserted in the district court in which a defendant is being prosecuted for the crime or, if no prosecution is underway, in the district court in the district in which the crime occurred. The district court shall take up and decide any motion asserting a victim's right forthwith. If the district court denies the relief sought, the movant may petition the court of appeals for a writ of mandamus. The court of appeals may issue the writ on the order of a single judge pursuant to circuit rule or the Federal Rules of Appellate Procedure. The court of appeals shall take up and decide such application forthwith within 72 hours after the petition has been filed. In no event shall proceedings be stayed or subject to a continuance of more than five days for purposes of enforcing this chapter. If the court of appeals denies the relief sought, the reasons for the denial shall be clearly stated on the record in a written opinion.
(4) ERROR.--In any appeal in a criminal case, the Government may assert as error the district court's denial of any crime victim's right in the proceeding to which the appeal relates.
(5) LIMITATION ON RELIEF.--In no case shall a failure to afford a right under this chapter provide grounds for a 2263 new trial. A victim may make a motion to re-open a plea or sentence only if--
(A) the victim has asserted the right to be heard before or during the proceeding at issue and such right was denied;
(B) the victim petitions the court of appeals for a writ of mandamus within 10 days; and
(C) in the case of a plea, the accused has not pled to the highest offense charged. This paragraph does not affect the victim's right to restitution as provided in title 18, United States Code.
(6) NO CAUSE OF ACTION.--Nothing in this chapter shall be construed to authorize a cause of action for damages or to create, to enlarge, or to imply any duty or obligation to any victim or other person for the breach of which the United States or any of its officers or employees could be held liable in damages. Nothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction.
(e) DEFINITIONS.--For the purposes of this chapter, the term 'crime victim' means a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim's estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim's rights under this chapter, but in no event shall the defendant be named as such guardian or representative.
(f) PROCEDURES TO PROMOTE COMPLIANCE.--
(1) REGULATIONS.--Not later than 1 year after the date of enactment of this chapter, the Attorney General of the United States shall promulgate regulations to enforce the rights of crime victims and to ensure compliance by responsible officials with the obligations described in law respecting crime victims.
(2) CONTENTS.--The regulations promulgated under paragraph (1) shall--
(A) designate an administrative authority within the Department of Justice to receive and investigate complaints relating to the provision or violation of the rights of a crime victim;
(B) require a course of training for employees and offices of the Department of Justice that fail to comply with provisions of Federal law pertaining to the treatment of crime victims, and otherwise assist such employees and offices in responding more effectively to the needs of crime victims;
(C) contain disciplinary sanctions, including suspension or termination from employment, for employees of the Department of Justice who willfully or wantonly fail to comply with provisions of Federal law pertaining to the treatment of crime victims; and
(D) provide that the Attorney General, or the designee of the Attorney General, shall be the final arbiter of the complaint, and that there shall be no judicial review of the final decision of the Attorney General by a complainant."