Tag Archive for: Court Case

Boles Holmes White Attorney Wally Walker Assists in Securing Affirmance of $40 Million Settlement for Plaintiff Class

Boles Holmes White Attorney Wally Walker Assists in Securing Affirmance of $40 Million Settlement for Plaintiff Class. March 15, 2022, the United States Court of Appeals for the Fourth Circuit affirmed the approval of an approximate $40 million class action settlement. Wally Walker, co-lead counsel, orally argued the case before the Fourth Circuit. The Fourth Circuit found that the lower court in Maryland did not abuse its discretion in approving the agreement reached between the policyholders and Banner Life Insurance and William Penn Insurance Companies. In affirming the district court’s approval of the settlement as fair to the class, it said: “[the] settlement was reached after an extensive motions practice, extensive discovery and investigation of Banner and William Penn policies by Plaintiffs’ counsel and multiple settlement discussions and negotiations.”

The Fourth Circuit stated that this case should be considered a poster child for deferential treatment. Therefore, afforded the District Court as it was “chock-full of the most esoteric principles of life insurance accounting imaginable.”  The Court’s twenty-five page opinion clarified the standard in the Fourth Circuit for objections to class settlements as follows. For instance, objectors of the settlement must state and support their objection, and proponents must demonstrate that it is fair, reasonable, and adequate despite the objection. 

Boles Holmes White’s Succeed

The named plaintiffs, represented by Walker and co-lead counsel Dee Miles, alleged the companies unfairly increased the cost of insurance charges on certain universal life insurance policies in 2015. In May 2019, Maryland Federal District Court Judge Richard D. Bennett approved the $38.2 million class-wide settlement between plaintiffs and Defendants Banner Life Insurance Co. and William Penn Life Insurance Co. Therefore, consisted of more than 10,750 universal life policyholders.

Boles Holmes White Attorney Wally Walker Assists in Securing Affirmance of $40 Million Settlement for Plaintiff Class Conclusion:

However, before the Maryland court could give final approval, one policyholder objected to the settlement – the 1988 Trust for Allen Children (Allen Trust). The Allen Trust argued that the settlement provides no compensation for damages it called “Deficit Account Harm.” The district court permitted the Allen Trust discovery to assist in determining whether the objection was meritorious. Furthermore, which the Fourth Circuit acknowledged was “an extremely unusual occurrence” but was within the district court’s discretion.

Walker and Miles, as Court-appointed co-lead counsel, represented the named plaintiffs and succeeded in arguing before the district court. Proving that the settlement was fair, reasonable, and adequate to all class members notwithstanding the lone objector’s arguments. 

The case is 1988 Trust for Allen Children v. Banner Life Insurance Company, case number 20-1630, in the U.S. Court of Appeals for the Fourth Circuit.

Section 1 – Trusts, restraint of trade

The first section of the Sherman Antitrust Act targets specific business conduct that is anticompetitive by nature. The text of the first provision reads:

Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.

Trusts – from this statutory language the courts have derived three essential elements to a violation of the first provision of the Sherman Act. The first and arguably most important element of such a violation is the existence of an agreement. This is to say a business cannot violate the first provision of the Act on its own. They must have a partner agree to participate in the anticompetitive activity. In the case of a conspiracy, the existence of an agreement can be hard to prove. Conspiracies are by definition secretive, and are often hard to detect.

Usually the existence of such an agreement must be inferred from the surrounding evidence. Although there must be alleged facts sufficient to make the existence of a conspiracy not only conceivable but plausible. The agreement element represents the actual collusion among businesses. This is prohibited because of its unwanted anticompetitive effect on major markets. The agreement requirement also puts some forms of anticompetitive conduct (such as price discrimination) beyond reach of the statute, since it takes at least two to form an agreement.

The second element of the first section of the Sherman Antitrust Act is that the agreement unreasonably restrains competition. The term “unreasonably” is crucial to interpretation of the statute, since it gives courts wide discretion in its interpretation and purports to draw the line between legal business conduct and illegal collusion. Since all monopolies are not inherently illegal, courts must consider whether a given monopoly came about as a result of a legitimately successful business plan or as a result of collusive or anticompetitive behavior.Sherman Antitrust Act

Courts begin to examine whether a restraint on competition is unreasonably caused by a collusive agreement. They are engaging in applying what is known as the “rule of reason.” The “rule of reason” is an interpretive policy that recognizes that mere possession of a monopoly is not illegal, unless the monopoly is the result of an unreasonable acquisition or maintenance of the monopoly. The “rule of reason stands in contrast to the per se rule, which automatically deems some activity to come within the purview of the statute. For example, price fixing, bid rigging, and market allocation schemes are both per se violations of section one. However, a judge will entertain arguments and personally interpret the statute if a monopoly has been acquired in a way that could be construed as an unreasonable restraint on competition.

The third element of a violation of the first section of the Sherman Act is that the activity affects interstate commerce. That is to say that purely local activity should be left to regulation by state and local authorities. However, elements like these have rarely been a problem for prosecutors. That can usually demonstrate a sufficient out-of-state ripple effect of almost any anticompetitive activity a business engages in. This was originally passed by Congress under their Constitutional enumerated power to regulate interstate commerce. The justification for the federal legislation is that anticompetitive conduct is harmful to interstate commerce. The third element of a violation of section one reaffirms the source of their authority.

In sum, under the Sherman Antitrust Act, in order to show a violation, the prosecution must prove three elements beyond a reasonable doubt. The government must show the existence of an agreement, which unreasonably restrains competition, and affects interstate commerce. Price fixing schemes, bid rigging schemes, and market allocation schemes are all per se violations of the Act. For instance, can be prosecuted under the first section.

What is the Sherman Act?

What is the Sherman Act? The Sherman Antitrust Act of 1890 (15 U.S.C. § 1-7) has been one of the most enduring pieces of legislation in the nation’s history. Passed in an effort to protect consumers from collusive anti-competitive behavior. For instance, by market participants, the statutes are still applied over a century later to prohibit agreements that unreasonably restrain market competition. The Sherman Act mainly focused on collusion among two or more businesses. Furthermore, to effect a favorable market position by eliminating some or all competition. The statutes outlaw such activity as price fixing, bid rigging, and market allocation schemes. In addition, criminalize most forms of monopolization as well. Navigating the Sherman Act is key to understanding sorts of business conduct are prohibited. Moreover, as well as how a charge of antitrust violation can be defended against.

The first two sections of the Act contain the substantive provisions of the legislation. The first section prohibits specific means of anti competitive conduct. However, the second section outlaws end results that are by nature anti competitive.  The third section of the Act extends the first two provisions to reach US territories and the District of Columbia along with the 50 states. The fourth section conveys federal jurisdiction and investigative authority to the federal district courts and the Attorney General’s office, respectively. In the fifth section, Congress expressly provides that additional parties can be brought into antitrust prosecutions if sufficiently involved in the collusive activity. The sixth section of the Act provides for criminal forfeiture of property owned under collusive or conspiratorial contracts or agreements. Finally, the last section defines “person” to include corporations and associations. Therefore, means that corporations can be charged and prosecuted criminally under the Sherman Act.

Represent yourself? Don’t be a fool.

Represent yourself? Abraham Lincoln once said, “He who represents himself has a fool for a client.” President Lincoln was an attorney first, and felt no one (including an attorney) should represent themselves in a court case. History tells us that Honest Abe didn’t originate this idea, which appeared in writings as early as 1814 by the lesser known Henry Kett.

The truth is, there are some limited circumstances in which representing yourself might not be catastrophic.

1. Minor traffic offenses;

2. First offense Class B or C misdemeanors that you know you are guilty of, and you just want to plead guilty or apply for a diversion program; and

3. Small claims or District Court civil cases where the amount in controversy is less than $10,000.

In all of the above circumstances, the cases are heard in District Court where the rules of evidence are relaxed and the judges are accustomed to working with those representing themselves “pro se”. In these types of cases, the stakes are usually very low and if you are not successful, you can probably live with the results, and you have saved money without hiring an attorney.

Moreover, even in cases where the outcome doesn’t really matter to you. You may be better off with an attorney because having an attorney could save you an enormous amount of time. Many court dockets have hundreds of cases set on the same day. Judges routinely handle cases that have an attorney first. We have seen instances where minor cases with an attorney are in and out of court in under 15 minutes, where someone with a similar case without an attorney may sit for up to 12 hours waiting their turn.

In all other cases, it is wise to hire professional representation. If you are convicted of a Class A misdemeanor or any Felony, jail is a real possibility. On top of jail, there are other consequences that a legal professional may be able to help you avoid, like loss of your driver’s license, and loss of your voting and firearms privileges.

There is a reason that law school lasts 3 years. Although, there is a lot to learn. Therefore, if you haven’t been through it, you don’t know what you don’t know. Having witnessed many people represent themselves in Circuit Court over the years, it never goes well. They do not know the appropriate motions to file (despite what they read on Google), and never know how to properly object to inadmissible evidence. In truth, pro se litigants in serious cases are usually thought of as crazy or arrogant by court personnel.

Public Defenders

If you simply can’t afford an attorney, you are still better off with the public defender. Public defenders get a bad rap and are in most cases decent attorneys. Often the complaints against public defenders are on issues that aren’t really their fault. Some complain that public defenders are inexperienced. That may be true, but they still have more experience than someone that has never practiced law. Public defenders are often overworked and are certainly underpaid, and they don’t have the time to dedicate to each case that they would like, yet they are still trained on how to try a case, and you likely are not.

Experienced Attorneys

Do yourself a favor, if you have a serious legal case, where the results matter and can afford an attorney, call a law firm with experience and a long history of success. Call our firm at 205-502-2000 today.

3 Questions To Ask: How To Hire The Right Attorney For YOUR Case

3 questions to ask: How to hire the right attorney for your case. If you are the suspect in a criminal investigation, you probably want to find the best attorney you can afford. But how do you do that?

First, you have to narrow down the attorneys that you want to interview. There are thousands of criminal defense attorneys, and you simply don’t have time to meet with all of them. Narrow your list down to just a few law firms. You do this by asking your family or friends who they recommend, asking an attorney you may know for a recommendation, or by researching criminal attorneys online. Once you have narrowed your list to around 3 firms that interest you, begin scheduling face to face meetings. Take the time to meet with the attorney. Show them that the case is important enough to you for you to take time to meet. Most attorneys will meet with you at little or no charge, but ask if there is any fee when you schedule the appointment, just to be sure.

Once you have a chance to meet with the attorney, we believe there are three primary questions you should ask any law firm prior to making a hiring decision.

1. Has your firm ever handled this type of case?

People are often most familiar with the personal injury attorneys that advertise on TV and have large billboards. While they may be good at what they do, most of them don’t practice criminal defense law, and probably wouldn’t represent you even if you wanted them to. Just because the attorney has a law degree, doesn’t mean they have experience in your specific type of case. You may like being a guinea pig, but we doubt it. All things being equal, who in their right mind wants to be an attorney’s first case if their freedom is on the line? No one.

2. Has your firm ever been successful with this type of case?

Just because a law firm has handled the same type of case, doesn’t mean they know what they are doing. The next question you want to ask is whether that law firm ever SUCCESSFULLY handled this type of case. If they say they have, ask for examples. They usually are allowed to provide the names of cases, as long as those are public record. However, due to rules regarding the attorney-client privilege they may not be able to give you specific names of former clients they have assisted with similar cases that weren’t public, but they should be able to give you examples of cases, without disclosing names. If they have handled 10,000 of this type of case and lost every one, you may want to look for a different law firm.

While you want someone that has experience and has been successful, be careful of any attorney that makes you a GUARANTEE that they will win your case. It is unethical to make such guarantee, and no attorney can accurately predict what a jury will do 18 months down the road. Any attorney that makes such a guarantee is just trying to close the sale and get you to pay them.

3. How much will your services cost?

Only after you have determined that the law firm you are talking with has experience in successfully handling your type of case should you consider paying them any money. Also, you may discover that you simply cannot afford their services.

Ask for a retainer agreement. Most reputable law firms will present you with a client contract or retainer agreement which details the terms of representation. If they don’t do this, you should ask them to put in writing how much they are charging you and what this payment covers.
For instance, Alabama law allows attorneys to represent clients for a limited purpose, such as a bond hearing or preliminary hearing. You want to make sure that if you are hiring the attorney to take the case all the way to trial, that they can’t later say they need more money.

You should only hire that attorney if you truly believe you will be able to afford them. It is not a good idea to have an attorney representing you on such a serious matter, while you are failing to pay them for their services. Eventually, that attorney will try to withdraw from your case. Too often we see clients pay money for an attorney, that they later cannot afford, and they have to start over after paying thousands of dollars to another attorney. In some cases, they are left with the public defender.

In closing, make sure you hire the most experienced and successful law firm you can afford for your specific case. The right attorney can make all the difference in the results.

Infographic: The Advantages of Hiring an Experienced Criminal Defense Attorney

Infographic: The advantages of hiring an experienced criminal defense attorney. Hindsight is 20/20. Few adages are more true, and prisons are filled with men who learned this lesson the hard way. If you are charged with a crime, any attorney won’t do. You need the best possible attorney, one with extensive experience and a high success rate with cases like yours. Most people will never be charged with a crime or have reason to hire a defense attorney. However, America does have the highest incarceration rate in the world. The NAACP reports that of American males aged 18 and up: 1 of every Caucasians, 1 of every 36 Hispanics, and 1 of every 15 African Americans is incarcerated. Many of those people never saw it coming.

Why Should You Hire a Criminal Attorney?

The primary reason you should hire a criminal attorney is because your freedom and your future are at stake. Consider it this way: If you had a brain tumor, you’d go straight to a neurologist specializing in oncology, would you not? You certainly wouldn’t go to a dermatologist or an OB/GYN. They wouldn’t know what to do with you! Just as is the case with medicine, attorneys tend to specialize in different areas of the law.

While it’s true they study a bit of everything in law school, by the time they’ve spent a decade or two working in a particular niche, it’s that niche they know best. Therefore, if you wish to write a will, go to an attorney who specializes in estate planning. If you need a divorce, go to a divorce attorney. If you’re charged with a crime, you should only consider hiring the best criminal defense attorney available.

What are the Advantages of Hiring an Experienced Criminal Defense Attorney?

There are a number of excellent reasons to hire an experienced criminal defense attorney when accused of a crime. Many cases are won or lost on technicalities. You’ll want to make certain your attorney knows the law inside out.

An experienced criminal defense attorney is connected to others within the legal system. Your case won’t be his first trip to court. He knows the procedure, the courtroom personnel, the judges, the jury selection process and the loopholes.

  • Experienced attorneys know know how to strategize, and how to optimize your chances for winning your case.
  • Experience helps attorneys spot inconsistencies that can work in your favor.
  • If the accusation against you involves drugs, you will want to look for an attorney with a successful track record with drug cases. If you’re charged with a white collar crime, there are attorneys who specialize in that, too. The same is true when the death of another human being is involved. It cannot be over-emphasized: Hire an attorney who has proven he can win the kind of case being levied against you.

What’s the Best Way to Find the Best Criminal Defense Attorney?

Having little experience in finding an experienced criminal defense attorney, many people initially are daunted by the prospect. However, it need not be intimidating. Criminal defense attorneys are well-aware that many of their clients are bewildered by the whole legal process, and you should find they’ve taken steps to be visible in your time of need. The following steps will serve as a guide in showing you how to hire a good criminal attorney.

  • Also, search using the name of individual firms and the word “reviews.” Check with Yelp, Angie’s List, the Better Business Bureau and your state’s bar association.
    Ask friends and family for recommendations.
  • Go to the courthouse and watch some cases being tried. Often, seeing an attorney in action is helpful in making a choice.

Once you’ve narrowed the field, schedule initial appointments to meet the attorneys who made the cut. Be prepared. Take all relevant information concerning your case with you, such as papers you were provided by the court, bail documents, police reports, etc. Bring a list of other people who are pertinent to your case, such as the names and addresses of victims, witnesses, and any other defendants. Go prepared to take notes. Remember, it is important to feel the attorney is sincere, capable, and someone with whom you can establish rapport. You should not hesitate to ask for any of the following information.

  • Ask to be provided with the attorney’s retainer agreement. Take it home with you to read and make note of any questions you might have. You should feel free to ask questions about anything you don’t understand.
  • Ask what they think might be the likely outcome of your case. While you don’t want to hire someone who will lie to you and get your hopes up, you also don’t to hire an attorney who doesn’t have confidence in their ability to succeed.

Make sure the attorney you retain is one who explains things in such a way that you’re able to understand them. This is particularly true if you lack a basic understanding of how the legal system works. Hire a local attorney if at all possible. Although some may find the attorney choosing process stressful, it is important to take your time and do the job well. When your freedom is on the line, settle for nothing less than the most competent attorney available.

NAP policy claims lead to federal scrutiny of Wiregrass farmers

NAP policy claims lead to federal scrutiny of Wiregrass farmers. A federal spotlight has been placed on the Wiregrass area due to farmer’s filing an unusually high number of claims for a little known federal assistance program.  The program in question is called the “Noninsured Crop Disaster Assistance Program”, or the “NAP program” for short.

This is a federal program administered by the Farm Service Agency (FSA). Therefore, provides protection from natural disasters for farmer’s growing crops for which crop insurance is unavailable.

A local Wiregrass employee of the FSA has been indicted in federal court for filing fraudulent NAP claims. Although, speculation is that other farmers in the area may also be under investigation.

In the Houston County area, private crop insurance is generally available for commodities such as peanuts and cotton, while farmers cannot obtain insurance on produce crops such as watermelons and squash.  As a result, many farmers cannot obtain the financing they need to purchase supplies necessary to plant the high risk crops.  This is where NAP protection becomes available for commercial farmer’s.

“Eligible Producers” can apply for this NAP insurance from the federal government, which provides protection up to approximately $125,000 in the event of total crop loss due to a natural disaster, such as flooding or drought.

The question many have been asking is exactly what is an “eligible producer”?  The program specifies that to be considered an “eligible producer” for NAP protection you must be an owner, landlord, tenant, or sharecropper who shares in the risk of producing the crop. Moreover, is eligible to share in the crop available for marketing from the farm or would have shared had the crop been produced.  Exactly who this definition covers is arguably open to interpretation. Although, will likely be the focus of some high stakes litigation in Alabama’s federal courts.

Because of the unusual weather conditions that took place during 2016 and 2017. Which included extended periods of draught and extreme rain, many produce crops failed and were eligible for NAP coverage. This led to an increase in NAP claims in and around the Dothan area. Leading to FSA having the prospect of huge federal payouts.  While some farmers may have committed fraud by filing NAP claims under ineligible circumstances. The fear is that innocent farmers and lenders may be swept up into the investigation due to the government’s desire to avoid paying the large number of NAP claims.

If you are involved in a NAP claim in any way, whether you are a farmer, land owner, sharecropper, or lender, and have any questions, feel free to call our offices to discuss your situation.  If you are approached by an investigator, we recommend you seek our assistance. Furthermore, assistance of another qualified federal criminal attorney with a working knowledge of the NAP program.

Pharmacy Negligence

Pharmacy Negligence? Someone who does not feel well books an appointment with a doctor. During the exam, a doctor diagnoses the patient and prescribes him some medication. The patient takes a doctor’s prescription to the pharmacy, where the pharmacist verifies the patient’s condition and medical history and fills the correct prescription. The patient returns home and takes the medicine for the prescribed time period, and the medication helps the patient recover.

That is how it is supposed to go, but what if, instead, the pharmacy commits a serious mistake and injures the patient? When this happens, multiple parties may be liable for the injury.

Duties of the Pharmacy

Doctors are tasked with understanding medications and prescribing the proper type and dose. A pharmacy is tasked with dispensing medicine according to the prescription. Medicine in correct quantities can be healing, but that same medicine in larger quantities can be harmful. If the pharmacy provides the patient with an incorrect dosage that harms a patient, the pharmacy can be liable for negligence. Alabama tort law imposes a duty of care on the pharmacy that it must act under a reasonable standard of care.

Dispensing incorrect dosages to patients is a breach of that duty of care. Similarly, the pharmacy had a duty of care to only purchase and obtain drugs that are safe. If the pharmacy’s supplier is not following regulatory standards and the pharmacy knowingly or negligently disregards this issue, then the pharmacy breached its duty of care. In such a situation, the pharmacy can be liable for negligently dispensing deficient drugs.

Doctor’s Orders

Liability may be relevant even if the pharmacy follows doctor’s orders. A pharmacist’s duty is to analyze a patient’s reactions to medication even though the doctor prescribed the medication. The pharmacy has a duty not to dispense medication if it believes the patient will have a bad reaction. Regardless of the doctor’s prescription. A pharmacist is responsible for evaluating the prescription as well as all other medications the patient is prescribed and determining whether it is safe. If the medications interact negatively, the pharmacist is obligated not to dispense the prescribed medicine. Thus, if the pharmacist negligently disregards patient risk by dispensing medicine. As a result, the patient suffers injury, the patient is a victim of pharmacy malpractice.

The Law of Agency

If you suffered a pharmacy-related injury, the law of agency may allow you to collect from different parties. The pharmacy can be liable for the pharmacist’s negligence because the pharmacist acts as an agent for the pharmacy. The same is applicable for the pharmacy technician or anyone else involved in dispensing the medicine. The law of agency imputes liability from an individual to an entity, which can be from the pharmacist to the pharmacy. By the same token, if the pharmacy’s delivery man is negligent by leaving the medicine in the hot sun, for example, and that results in tainted medicine, then the pharmacy would be responsible for negligence, as well.

If you are the victim of pharmacy malpractice, contact the law firm of Boles Holmes White, Alabama plaintiff attorneys.

Southaven, MS Man Killed After Encounter With Police on LSD

Southaven, MS Man Killed After Encounter With Police on LSD. Troy Goode, a healthy, 30-year old engineer with a wife and infant son, was, among many other things, a lifelong Widespread Panic fan. Like many who grew up listening to the band’s shows. Even those who grew up around a friend who constantly played the ‘Spread (perhaps to their annoyance), attending a Panic concert was a special event for Troy. And as he got older, as many of us find, the shows we are able to catch get fewer and farther between. As life begins to turn that young man’s freedom to travel into a fond, distant memory.

Unfortunately, Troy and his wife had to leave the show early due to Troy’s apparent intoxication. Troy began acting erratically, exiting the vehicle at one point, and soon drew the attention of the Southaven, MS police. Chief Tom Long of Southaven PD says the authorities were told that Troy was experiencing an “alleged LSD overdose.” Certainly we await results of an autopsy and toxicology report. The most cursory internet search reveals the concept of an “overdose on LSD” to be pure misconception at best, and sinister propaganda at worst. A preliminary autopsy report indicates that Troy died from a heart-related issue.

According to the family’s lawyer, Tim Edwards, Troy was acting “erratically,” but was not violent when the police forcibly subdued him. Of course, police must take every precaution. When approaching a potential suspect who appear to be on psychoactive drugs, are non-compliant and acting erratically. However, the manner in which Southaven PD subdued Troy is the real cause for concern. According to official police statements, eyewitness testimony, and cell phone video camera footage capturing the entire ordeal, what happened next was as follows:

1. This man was taken to the ground by an officer who then subdued him by sitting on his back;
2. During his arrest, officers restrained Troy’s arms and legs by “hog-tying” them behind his back;
3. Troy was then placed face-down on a stretcher;
4. He reportedly communicated to officers multiple times that he was struggling to breathe (note – Troy had asthma);
5. Troy was kept in this position (and thus not taken to the hospital) for over an hour, according to eyewitness reports.

The District Attorney John Champion refuses to say “hog-tied.” According to Champion, “… I refuse to use that term, because that’s not what this is.” Troy was placed in leg irons, which were then attached to the handcuffs he had on behind his back. Champion further stated that in his opinion, the way the officer used the leg irons on Troy was “within the law.” While I certainly hope Mr. Champion is incorrect about the legality of the use of leg irons and handcuffs in tandem behind a person’s back, even if he is correct, this practice should be reviewed given the risk of positional asphyxiation presented by “hog-tying” (I have no problem with using the term – I’ve seen a hog tied, and I am sorry to report that on video, it appears Troy was restrained in a very similar manner). Even on LSD he should have been handled differently.

Troy was eventually taken to Baptist Hospital. After a couple of hours, Troy’s family got a call from the police, saying that Troy’s condition was “stable,” but that if any family showed up at the hospital to check on their family member, they would be arrested for “obstruction of justice.” Soon after this exchange, an employee of the hospital called the family to inform them that Troy had passed away.

This story has had a surprisingly mixed response in Alabama. While many express sympathy and extend condolences to the family of the deceased, some seem to take this opportunity to advance their “anti-drug” agenda, and others outright blame Troy for his own death. It’s this last group I’d like to address here:

You are essentially arguing that “if he hadn’t taken LSD, he wouldn’t be dead.” And in all likelihood, that is a true statement. But it is also a useless statement. It’s like saying “if I hadn’t bought her that car, she never would have died in that car crash.” The argument does away with the relevant proximate cause of the death, and substitutes what is known as actual, “but-for” cause. This second conception of causation is infinitely broader than proximate cause (ie the real reason Troy is dead v. the million different decisions he hypothetically could have made that day and ended up alive).

In short, to blame Troy for his death because he took LSD is to ignore the most salient facts we have that offer a more plausible explanation for his death than “LSD overdose.” Between the anxiety of forcible restraint, the pre-existing asthma condition and ignored complaints from Troy that he couldn’t breathe, it appears his LSD intake (estimated as being 4-5 “hits”) is the least likely cause of his death.

The police have a difficult and dangerous job. They regularly encounter dangerous individuals on mind-altering substances. They are charged with the duty of enforcing the laws of their jurisdiction, but are not trained as lawyers. The police make mistakes. However, it appears this death was totally avoidable, and practices such as “hog-tying,” treatment complaints of asphyxiation, and police response to reports of people suspected of being on psychedelic drugs, are all issues that need to be examined. Our thoughts and prayers go out to the family of Troy Goode. You can donate to Troy’s family at the link below:

www.youcaring.com/kelli-goode-395627

Operation T-Bone: Alabama’s Crackdown on Food Stamps Fraud

Operation T-Bone: Alabama’s Crackdown on Food Stamps Fraud. Teams of Alabama law enforcement officials this morning executed 242 search warrants and made 17 arrests as part of “Operation T-Bone,” an extensive, multi-agency crackdown on food stamps fraud. Investigators filed for forfeiture and condemnation of 11 stores. Alleged to be involved in the fraud, totaling over $1 million in assets. The Jefferson County District Attorney’s Office launched the investigation back in February. Now claim to have proof that the individuals arrested bilked the taxpayer-funded food stamps system for hundreds of thousands of dollars. They also uncovered evidence that some of the ill-gotten gains were wired to Yemen.

Over 900,000 Alabama citizens get government assistance through EBT cards each year. These cards can be used to purchase food and non-alcoholic drinks through the Supplemental Nutrition Assistance Program (SNAP). Investigators allege that the business owners arrested would purchase these EBT cards from welfare enrollees for $0.50 on the dollar. Use the cards to make wholesale purchases of food and drinks to sell in their stores. The person selling their EBT card would then be able to spend the cash. Furthermore, on alcohol, tobacco, illicit substances, or whatever they want.

“Part of the problem, in my opinion, is now they don’t have their food stamps card so they don’t have the money to take care of their families or themselves,” says Deputy District Attorney Cynthia Raulston. “I think it’s a huge cycle of remaining impoverished.”

The investigation had humble beginnings – Gardendale police arrested a man for shoplifting steaks and other items from the local Wal-Mart, and when he was questioned, he claimed he was giving the stolen merchandise to two local convenience stores to resell. When investigators called Wal-Mart’s Global Investigations Unit to see if they wanted to probe further, they were told that Wal-Mart was already investigating those stores for EBT fraud. Investigators learned not only of the scheme to buy EBT cards and purchase stock with them, but also that stores would overcharge for an item and give the cardholder cash back on their purchase.

Raulston called the problem “pervasive” and rampant, saying all it took to fraudulently obtain an EBT card is to walk into the community and mention a beneficiary card. Another concern, beyond the theft of taxpayer funds, is the inflated prices caused by EBT card fraud. According to Raulston:

“One of the biggest issues is they’re marking up these items in the stores and charging more than what retailers would charge and they’re in the middle of food deserts with no transportation so they don’t have a lot of options” … “It’s not only the EBT card beneficiaries, but you’ve got the working poor paying marked up prices. They’re getting ripped off.”

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Boles Holmes White LLC is a full-service law firm providing transactional, litigation, government relations and white collar/criminal defense. We represent both businesses and individuals throughout the Southeast Region. As a full-service law firm with roots in the small town of Dothan and with large Birmingham firm experience, all of our attorneys strive to provide clients “big firm” representation with “small town” accessibility and personal attention. That is what sets us apart.

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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