Regulatory Compliance Consulting

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Collectors have to study and pass tests with their companies in many cases before they become collectors. They know the laws that they legally must adhere to as collectors and they can actually be fined for breaking the law. But they don’t always follow it. Some companies and individual collectors obey the law and some don’t.

By law they are required to supply you with all information in regards to your original debt. They have to supply you with the information within 30 days of your request for it. The best way to the make your request is to send a certified return receipt letter stating that you want this information. If they can’t supply it then they have to stop reporting to the credit bureaus concerning your debt and lack of payment. They also have to leave you alone for a while.

If they can’t supply documentation of your debt that show how much you owe them, then you are usually released from this debt, but there are too many loop holes to use this part of the law it as a means of debt relief. The credit bureaus have to go by this same law and if they can’t supply you with proof then it comes off of your report.

In the state of Texas they are not allowed to call between 8pm and 8am, and if they do you can get them for harassment charges, but relief from their calls won’t last for long. They can start to calling again after a period of time. The calls have to be made according to your time zone, not their time zone.

If the collector calls repeatedly and hangs up or just calls repeatedly leaving messages you can file a police report about it, if you know the number the collector is calling from. This report can be against the company and the individual collector.

Your case is assigned to a certain collector, but if he isn’t getting the desired result, his manager may call you to try and collect the debt. They may even play a game of good cop and bad cop with you in their effort to get you to pay.

Some of the other threats a collector may use, which are illegal are: telling you that you have committed a crime to disgrace you or using deceptive means to collect the debt.

You know what a threat is and you have the right to protect yourself under the law from threats and other types of harassment calls. When someone says they will freeze your accounts until you pay the debt, that’s a threat. They can’t freeze your account freeze your bank account. This scare tactic is illegal.

If a collector sys he will freeze your bank account or other asset, they are lying because they don’t have the authority to do it. You can have a lawyer handle this threat for you and the court will fine the collection agency or collector. The collection agency will have to pay the lawyer’s fees too.

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The increasing focus on continuous process improvement, risk management and compliance within financial control functions as a result of the introduction of Sarbanes Oxley and other legislation has identified a potentially critical weakness for many corporates.

The reliance on Spreadsheets for critical financial reporting processes, consolidation, reconciliations, commission calculations, revenue recognition and other finance processes leading up to the release of financial statements is a major risk for many major corporates.

The lack of risk management processes around these Spreadsheets is another major audit and compliance risk.

Recently, a clutch of software companies have launched technological solutions to help organizations tackle the risk involved in the utilization of Spreasheets in critical financial reporting processes. Some have extended the reach of control to include Access Databases too.

What we have seen is a range of solutions, some basic - some very elaborate, that feature a range of activities including federated search, inventory, risk assessment, remediation, secure storage, access control, version control, change management, link migration management, cell by cell auditing and dashboard reporting features.

The leading provider right now is Prodiance Inc. www.prodiance.com a partner of Trintech Inc. www.trintech.com a leading provider of reconciliation, compliance and risk management technologies. Competition comes from Cluster Seven, Finsbury and a clutch of others that have tried and failed to match Prodiance’s lead in the market place.

For more information on Spreadsheet Controls and Risk Management, don’t hesitate to contact me at ted.sparrey@supaworld.com.

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Do you have your own daycare center? Do you know your duties as an owner and manager of your business? There are business owners who are unaware of the legal implications of being the owner and manager of their facility. You have lots of duties and you need to know what are required in order not to put yourself into conflicts when fulfilling your duties.

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Signed into law on December 17, 2002 by President George W. Bush, the Pipeline Safety Improvement Act of 2002 sets new standards for safety and inspection procedures required for pipelines which transport hazardous liquids and natural gas. The act outlines newer safety requirements with which companies operating pipelines must comply, and increases the severity of penalties for non-compliance. While aimed at improving the safety of pipeline transportation as a whole, the act inherently requires pipeline companies such as Western Pipeline Corporation to invest additional capital into their operations to ensure compliance with the new requirements. Below we examine some provisions brought about by the Pipeline Safety Improvement Act of 2002:

-Integrity Management Programs: The Pipeline Safety Improvement Act of 2002 requires pipeline operators which are subject to Title 49, section 60109 to create and implement an “integrity management program.” The integrity management program requirements include a base assessment of the pipeline facility, with subsequent assessments at least every seven years. Gas pipeline operators must perform a risk analysis for each “high consequence area” and implement a program to reduce risks. High consequence areas (HCA) are those areas through which pipelines pass that would be most affected by an unintentional release. For instance, a high consequence area for a natural gas pipeline would be a section of pipeline passing through a heavily populated area.

-One-call Notification System: The act calls for the establishment of a national three digit one-call notification system which provides information about the locations of underground pipelines to any person or government entity planning to dig, excavate, or otherwise participate in activities that could potentially harm underground systems.

-Implementation of Public Education Programs: The act mandates pipeline facilities to establish programs aimed at educating organizations and the public about potential hazards associated with unintentional pipeline releases as well as promoting use of the one-call notification system.

-Enforcement of Preventative Measures: The Secretary of Transportation is given the authority to require a pipeline operator to take action if a potential safety threat is determined to be present. This provision aims to correct potentially unsafe conditions before they reach a “hazardous” classification.

-Increased Accountability: Section 8 of the act substantially increases penalties and further authorizes the Secretary of Transportation to require preventative actions for potential hazards. Penalty amounts are quadrupled to $100,000 per day, per incident, and maximum civil penalties are doubled from $500,000 to $1,000,000.

-National Mapping System for Pipelines: Pipeline operators must provide the Secretary of Transportation with data for incorporation into a national pipeline mapping system.

Far from an exhaustive evaluation, this information is provided for general informational purposes and is not intended for use as a legal advisory.

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Maintaining your investment property in good condition is not just a matter of aesthetics. Property kept in good condition is easier to let – and tenants are likely to be retained for longer.

There can also be a direct impact on rental values; you may not be able to charge “Westminster” rents in Worthing, but a well-maintained property can be priced at the highest level local conditions allow.

But there are other reasons to ensure that your property is kept in good order. For example, when applying for a “Houses in Multiple Occupancy” (HMO) license the authorities are more likely to look kindly on your application. It will also be easier to demonstrate that your property is compliant with building and fire regulations now that Fire Certificates are no longer issued by the Fire Brigade.

The Regulatory Reform (Fire Safety) Order 2005 imposes strict duties on the “responsible” person (often the property owner) to ensure a risk assessment has been undertaken by a “competent” person and an emergency action plan instituted. It applies to virtually all premises including:

• offices and shops;

• common areas of houses in multiple occupation;

• pubs, clubs and restaurants; and

• factories and warehouses.

Purely domestic premises occupied by a single family group are excluded.

Because fire inspection and certification no longer take place on commercial premises, additional steps should be taken by property owners (and, in many cases, by occupiers) to ensure premises have the fire risk they present properly managed. If a property burns down causing injury or loss of life, the owner will not be able to escape responsibility. They could be held to be negligent by failing in their statutory duties.

Landlords’ Legal Responsibilities

Unless another party has accepted responsibility in writing, property owners are legally responsible for the safety of people occupying or using their premises. Where there is a full repairing lease then it is possible that the lessee will be held liable for any injury caused to people (or damage to their property) as the result of negligence in property maintenance.

However, it is seldom possible completely to avoid responsibility as a property owner. Even where a repairing lease is granted, the owner may be liable under certain circumstances. It could be decided that the property owner has failed to ensure that the premises were properly maintained in line with the obligations imposed by the lease. An example of this might be where the property let was next door to premises occupied by the landlord, who could easily see that it was in disrepair but did nothing about it.

And, of course, if a property is empty for any period, the landlord could well find that he or she is responsible by default. If premises are not properly secured then minors, to whom a duty of care is absolute, might gain access. If they come to harm, the property owner may be strictly liable for injuries sustained.

How can landlords reduce the financial risk?

Besides taking steps to ensure that property is properly maintained, the landlord or property owner should ensure that public liability insurance is in place. That way, in the event of alleged negligence, the insurance company will step in and handle any claims.

Of course, the policyholder is not absolved from the need to take due and proper care, but if this has been done to the best of the landlord’s ability, then at least no financial penalty should be suffered. Specialist landlords insurance generally provides property owner’s liability cover of at least £2 Million indemnity for any one incident. However, with ever-increasing legal costs many suggest that £5 Million is the minimum limit that should be selected. It is wise to seek specialist advice from an insurance broker who can recommend appropriate cover and provide guidance on risk management.

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HUMOUR IN UNIFORM

My first encounter with armed forces

After graduation in Dentistry, I was very keen to donn the olive green (OG). ‘Catch them young’ is the phrase used in armed forces all over but at the time of my entry into armed forces I was 27. I received a Demi Official (DO) letter from the adjutant of my first unit, briefing me about the unit location and how to reach the location. I intimated the arrival time of my train at Jammu and also wrote that I shall wear a name plate. As my train screeched down to halt I was very keen to get down and meet my reception party. In all this hurry and excitement I forget to put on my name plate I started pacing the plat form in anxiety and soon everybody had left. A uniformed official was also pacing the platform with a photograph in hand and looking at people in a searching mode. I still was not sure whether he was looking for me or somebody else but when he went to see my vacated seat in the berth, could I realise that this Junior Commissioner Officer (JCO) was indeed looking for me only. Finally I wished this gentleman and in turn the entire reception team saluted very smartly. I could find the satisfying glee on their faces. Soon my luggage was bound for the luggage truck, a ten tyred giant vehicle. To my surprise my small suit case and bedding lay majestically on the wooden platform of this giant vehicle. A separate vehicle took me to transient camp. When I alighted from the army vehicle and reported to the camp reception I overheard a stiff conversation between an officer’s family and the transient camp mess manager. Officer’s wife was complaining that since the last 4 days, menu is the same. Mess Manager was firm on one point, “Madam, it is not the menu but the guests who change daily”. Gentlemen officers don’t miss the bar in the evenings. I was also a thorough bred hosteller and early bird for bar. As I drowned 2-3 drinks I entered into conversation with another young lieut. I did not know the difference between corp and a regiment. Army dental corps is called AD Corps but somehow by slip of tongue or out of ignorance I introduced my self as ‘Lieut’ P.K. Sharma from AD regiment and as I came to know later on, AD regiments are air defence regiments.

Soon the gentleman started talking about L70 and 90 bofors anti air craft guns. I was lost how a dentist will be at all involved with guns of this caliber. Soon I realised that some senior officers were also sitting along side and I changed the topic to save face. There were too moods in the bar. Those bound downwards from Jammu on leave were cheerful and chirpy and officers who returned from leave were quiet. After the dinner everybody was collecting a slip called LRC (Last Ration Certificate). When I asked for the same, I was politely told, “you are still a civilian”. Full days’ journey, stay at transient camp, Srinagar and finally another day’s journey to my unit location at Pattan left me drained of all energy. Officers accommodation was fully occupied and I was accommodated in officers ward of this field hospital. I had been instructed not to show up in the mess till I was pipped and formally inducted. Officer ward room bed was too high for any sense of comfort and I decided to have an evening walk. It was to my sheer misfortune that the quarter guard was just in front of the officer’s ward and I was ignorant about the saluting protocols. In my blissful ignorance I was strolling in front of the Quarter Guard and with every round I heard those shrieking salutation. I enjoyed the visual treat in those Salami Shastars. I was in my standard PT dress and the soldiers on Quarter Guard duty did not know my rank. So every time I was given that ‘Salami Shastar Salutation’. A thoroughbred civilian, I could never imagine that these soldiers are saluting me. I was under the impression that these soldiers were doing some kind of drill. It was only after some time when the soldiers on duty were about to collapse that a Junior Commissioned Officer (JCO) who had witnessed the entire drama reported the matter to the adjutant of the unit. A senior Dental Corp Lt. Col. came to my room and reprimanded me about my ‘abnormal’ behaviour. I was given two hours lecture on services’ ethos and officer like qualities (OLQ). An NCO (Non Commissioned Officer) came after him to brief me on weapon handling and security drills. I was strictly prohibited from undertaking post dinner strolls. Realization dawned on me that I am in for some serious business. NCO made me wear my dress and checked it to the minutest details. All went well except for heavy military shoes. Quartermaster sent brand new shoes but these shoes won’t fit in at all. NCO called in another soldier to fit shoes on my feet. In my lifetime I had never worn such heavy shoes. When I looked in the mirror, I realized that I was becoming a soldier. Next day morning at sharp 8 A.M. I was marched to commanding officer’s office in uniform without pips. A soldier carried those lieut pips in silver tray. Commanding Officer then Col. AG Gokaran declared in front of all officers that Army is inducting a ‘civilian in uniform’. As much as I learnt from this fiasco, army learnt equally well and stopped taking in officers without formal military training.

Dr. Capt. Pardeep Sharma

MEDICO LEGAL MAFIA

A rot from within

Sequence and chronology of events

07 August 2007 - A senior doctor writes to SMO I/C Civil Hospital, Ludhiana to make separate sitting arrangement for paramedical staff.

08 Aug., 2007 - After the written request from the doctor two paramedical female employees allege sexual harassment at work place against the doctor who had requested for alternate sitting arrangement for the paramedical staff.

10 August 2007 - A preliminary fact finding enquiry committee consisting of SMO, Medical Officers and also another senior lady medical officer report the complaint to be false and motivated.

August 12 - The same two paramedical employees allege that the same doctor has now used casteist remarks against them. Civil Surgeon Ludhiana visits Civil Hospital and tries to settle the issue.

August 13 - All employees except doctors go on strike in Civil Hospital, demand doctor’s suspension. Print and electronic media report stories without the said doctor’s version.

August 14 - Doctor comes out openly in front of media, refutes all allegations and points out the real intentions of the union leaders. Doctor openly declares that these union leaders are the front people for medico legal mafia and they want to disrupt the functioning of the hospital on one or the other pretext.

August 16 - Harassed doctor buys peace with unions and reaches a compromise under extreme pressure. One of the most qualified and experienced doctor is shifted to office of civil surgeon Ludhiana under unrelenting pressure from the unions.

August 18 - Civil Hospital senior radiographer is caught red handed while accepting bribe. Vigilance Bureau registers the case.

August 19 - Nabbed radiographer sings out in police custody, large chunk of money was paid to senior officers also. Radiographer is sent to jail, feigns illness and referred back to civil Hospital. Radiographer is admitted to Civil Hospital without Civil Surgeon’s knowledge and SMO incharge of civil hospital shows total ignorance on the subject.

August 20 - A lady patient alleges misconduct of sexual nature against another Senior Surgeon of Civil Hospital. A section of hospital paramedical and nursing staff side with the patient and demand written apology from the doctor. Issue is thrashed is media.

August 22 - Real story becomes open once again. Lady patient was implanted. Police catches two black-mailers red-handed. Blackmailers name the union leaders as co-conspirators.

If we look at the chronology and sequence of events in the background of uneasy calm that was prevailing, modus operandi of medicolegal mafia becomes clear.

When patients report to the emergency deptt. of the hospital for issuance of medicolegal reports, they invariably encounter any one or more of the touts, always ready to solicit a deal. Tout can be anybody from a hospital sweeper to canteen boys, car parking workers, petty politicians, prostitutes, pharmacists, nurses on duty, local small time journalists with one page newspapers etc etc. When these deals are made blackmailers of all hues and shades also lurk around. The stage has come where all of these players coexist peacefully with a tacit mutual understanding and approval. Now there is enough room for all of them. They have found a permanent place for themselves within the system. They have over the periods developed strong ties with insiders of the system. You quote a favour, they will quote the price and they can get anything done. Under trials, prisoners, policemen on duty, they all are seen in the emergency deptt of the hospitals. Even the policemen on duty become immune to the soliciting scenes in such places. They simply remain mute spectators to the happenings. Warring rival factions openly clash in hospital premises and everybody knows about it except for few policemen posted in the police post.

People from criminal gangs, land mafia and many more of such types openly roam around with mobile phones to their ears and calling insider staff members to welcome them in Hospital canteen. They have regular business dealings with certain “Key players” inside the hospital. Certain politically connected criminal gangs have patron client relationships with these key players. These key players have survived under all governments. Now they call shots and have access to highest possible authorities. With political and administrative patronage their working is absolutely smooth. This game of influence, clout, share and patronage has catapulted this murky business into an industry. With so many players ready to play the role of mediators, deals are hardly a problem. Language of medicolegal report changes with the kind of inputs. When favourably predisposed supporting and mediating staff go out of their way to record the injuries for the emergency medical officer. Sometimes regular ‘clients’ ask for extra favours like exaggerating the injury or recording injuries which actually are not suffered at all. These ’special clients’ are escorted to injury fabrication units run by insiders outsider collaboration. You spend some money and get any kind of injury inflicted, faked or registered. Whether you want to break you leg or foot, you simply consent at these units and it is done in most scientific method. The emergency medical officer then notes down these injuries in the medicological reports and the patient is sent for eye, dental, surgical or orthopaedic opinion. Invariably such patients are escorted to the concerned specialist by hospital staff or the specialist is contacted on cell phone. The favours are returned to perfection and with a smile. No money changes hands on the spot. Accounts are settled weekly or sometimes after 15 days. Emergency medical officers, and specialist stay clean. There is no set procedure for writing of Medico legal reports and normally as per law unless untill it is an emergency medico legal reports are written only after registration of FIR’s. Some unscrupulous experts misuse discretion vested in them. Jail in mates are admitted to hospital for months together without any sufficient reason. This nexus is not only restricted to Civil Hospital premises but goes well beyond into jails also. Beneficiaries of the system are corrupt officials, criminals and certain other vested interest, but the civil society has everything to lose. Medicolegal reports are sent to police stations concerned and on basis of such “clean” reports, criminal cases are registered against alleged ‘assailants’. The entire process of criminal justice is derailed, innocents are framed in false cases, victims of trauma and violence are shown fit even when they are not. The record of these cases is maintained in Civil Hospitals and the record clerk and medico-legal duty pharmacists become important conduits for subversion of this criminal justice system. This deadly game has attracted some key players and has finally taken the shape of tightly knit mafia run undercover industry. Certain unscrupulous doctors, pharmacists, radiographers and record clerks have by now complete hold of this subverted system. Money generated by these operations goes up very high in the chain of command. There is a mafia within mafia also. Those senior officers who control the postings of these key players charge protection money from them. Like any other under cover organisation, this mafia also has its share of rivalry among factions and the unsuspecting public eye catches glimpse of their doings only when these rivals clash and spill the beans in open. Recent strikes by paramedical employees in Civil Hospital Ludhiana were also the result of factional splits and when one group tried to show its hold on ground. This mafia has at its disposal vast resources and howsoever up right individual officers can not fight this menace on their own. No wonders these players are active in this business since decades and they have amassed wealth worth crores. Their nexus with politicians, criminals, senior departmental officers, bureaucrats, small time journalists and blackmailers of all hues and shades have emboldened them to take on anybody who comes in their way. This is exactly what happened at Civil Hospital Ludhiana and this is what is exactly happens all over the state. When one upright doctor tried to stand up to them and oppose, the entire might of mafia was brought down to bear. Even senior officers like Civil Surgeon and Deputy Medical Commissioner who stood with the officer, failed to secure him justice. False charges were levelled against one upright officer, propaganda conducted through a section of electronic and print media and the administration humbled. Finally the odd officer who had shown the courage to stand up, was shown the door. Today only one doctor is working in place of three in that deptt and there is no need felt to send in some doctor to that deptt because that will upset the apple cart. Why one BDS doctor is given the sole charge of dental deptt. where maximum number of medicolegal opinions are given, while 4, MDS doctors are working in the interiors. The doctor who was forced out of Civil Hospital has the best credentials among dental surgeons all over Punjab. Then where are the interests of state, its people, their health and finally any justice ? why was the administration in a hurry to remove one doctor and please the unions, because the show must go on ! and the spoil-sport be thrown out. In all this noise and din Vigilance Bureau Ludhiana caught unionist leader and senior radiographer red handed while accepting a bribe of Rs. 5000/- but the nabbed radiographer was referred back to Civil Hospital from Central Jail, Ludhiana. The accused and tainted radiographer was admitted to Civil Hospital on instructions from immediate Senior Officer. Even if this was not enough, unionists remained active in gaming and this time another senior surgeon of Civil Hospital, Ludhiana was framed in a case of alleged sexual misconduct with a female patient. Not only the charges against this doctor proved to be false but his blackmailers were also caught red handed while extorting money from him. Again the conspirators in the entire episode were union leaders. Why the SMO is always in a hurry to recommend the transfer of upright people when no such recommendation have been sent for blackmailers and criminal conspirators. Why undue sympathy is shown to people nabbed by Vigilances Bureau. Either these senior officers are blackmailed or have been co-opted. The stakes are high for key players. Big money is involved and the game is becoming criminalized day by day. System has been totally compromised and the corrective action by few upright officers has by and large failed. Whistle blower has been scarified, few upright senior officers who supported this officer have also burnt their fingers. Two visits by the Health Minister thereafter have yielded no results and the mafia sits pretty. Have we lost the will to fight and finally given in ? Ball is finally in the court of civil society.

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