Category Archives: Crime

The Fallout Continues…and there is more to come. Ashley Madison won’t Stop.

One more post on Ashley Madison and then I am taking a break from the subject.

You can read about the Ashley Madison hack here and what it means and doesn’t mean here.

What is still developing are the ramifications from the hack and the disclosure of private information.

It’s been reported that there have been suicides due to person’s private information being leaked. There have been public admissions of using the site and being the “biggest hypocrite ever.” There have been public denials that the person listed did not create the account or use the account, well maybe they did create it, but it was for curiosity’s sake only. There have also been outright denials of accessing the site and that an impostor created the account.  This did happen, by the way.

There is actually a law in Mississippi which makes it illegal to impersonate another real person online with the intent to threaten, harm, intimidate or defraud another.  The fake accounts may well be actionable if it impersonated a real person.

The other concerning part is that the Impact Team, the hackers responsible for the leak, have indicated they have the content of private messages and pictures shared through the site. There may be more fallout to come.

Matthew Thompson is a Divorce Lawyer in Mississippi and warns you that this story has “legs” and other body parts too!

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

 

AshleyMadison; The Naked Truth.

The List has been leaked. The names have been scoured. More than a few were familiar to you…

AshleyMadison is all the talk, but your name being on the list is not a conviction, at least not yet. It does not even mean you used it.

The site is supposedly anonymous. Meaning anyone could enter a User Name (not their real name), use a Prepaid Gift Card and a dummy (or generic) email address. Reports indicate some did just that. However, some most certainly did not.

Also, just because you were on the list did not mean you had an affair. It means that perhaps you wanted to, intended to, or wanted to have some chat time with a fictional woman.  The man to woman ratio makes it highly unlikely that those users of the site were “successful.”

It also means that some of those listed in all likelihood had affairs and spent money doing so.  In some instances, it’s being reported, thousands of dollars were spent. This is trouble for several reasons. 1) It is circumstantial evidence of an affair, certainly inclination (or infatuation), and 2) spending money on a girlfriend, or boyfriend, is Marital Waste.

It is at best just embarrassing and at worst indicative of family problems in the past and probably some more to come.

Matthew Thompson is a Family Law Attorney in Mississippi and recommends that if you are on the list it’s time to make that call.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Hillary Clinton is Right About One Thing.

You’ve got Mail. No you don’t…

Hillary Clinton is always in the news. Lately, it is not for anything positive. Clinton is battling accusations of improperly using a private email server and email for she and her staff AND using same for sending and receiving classified information.

Clinton knew it was improper and took extraordinary steps to wipe as much of the proof of this as she could. Clinton”wiped her server clean” and permanently deleted all e-mails from the personal server. 

Doing this is bad advice if you are Secretary of State, subject to pending litigation, or are aware of a Subpoena Duces Tecum requesting said information.

However, it is great advice if you are a lying cheater. Deleting emails, wiping a server is just smart if there is incriminating evidence in said emails and on said server. In fact, it’s dumb to not delete and wipe. It sets yourself up to be held accountable for your actions. It could prove that you have lied under oath. It could lead to all types of legal ramifications, monetary penalties and potentially cost you your freedom.

This week alone we have learned that one should destroy their cell phone, a la Tom Brady, NOT have an account with AshleyMadison (or, if you do, have a fake account) and one should have a private email server, and when convenient delete those emails and wipe the server!

Matthew Thompson is a Family Law Attorney in Mississippi and is advising his clients if you are contemplating any of the above that your first visit should be to a good Criminal Defense Attorney and the next visit should be to your Priest.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Tom Brady, “Tom”foolery & his Cell Phone;Divorce Attorneys Should Take a Play from Brady’s Playbook

Tom Brady is a Patriot and a pioneer in legal advice and he doesn’t even know it!

By now you are well aware of the fracas that is now known as DeflateGate.  Tom Brady did or did not have something to do with under inflated footballs in an NFL playoff game. There is now, literally, a Federal law suit about it.  He has been punished by the league, but avows his innocence.

But, what is the best piece of legal advice ever learned from Tom Brady?

Destroy your cell phone.

Tom Brady destroyed his cell phone. You see, he upgraded to a new phone and stated that his practice is to destroy his old one. To protect against identity theft, I’m sure.  He did this in the midst of the NFL’s investigation, but prior to formal legal proceedings being filed.(Disregard that he did not do so with prior phone upgrades.)

Had there been pending formal legal proceedings there could have been some issues with “destruction of evidence,” but without legal proceedings pending, upgrading his hardware and destroying the old, worn out device was just smart.

Sure, it may create the appearance of “Tom”foolery, but it does NOT allow said malfeasance to be confirmed.

So, you ask why else would he destroy his cell phone if there were NOT incriminating texts on it?

5.  He had embarrassing text messages, such as Gisele calling him her “Brady-Boo.”

4.  He expressed remorse about being an NFL Quarterback over his true dream of being a dancer.

3.  He was critical of Belichick’s hoodie.

2.  There were naked pictures of he and Gisele in nothing but Patriot’s Helmets and there was no way that wasn’t getting “leaked” if turned over.

1.   There were incriminating text messages on it.

Matthew Thompson is a Family Law Attorney in Mississippi and is advising his clients to take a play from Tom Brady’s playbook, if legal to do so.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000

Indicators of Abuse.

Regrettably, in family law instances of child abuse are ever-present. The Mississippi Department of Human services, along with law enforcement and the Courts are tasked with dealing with these critical circumstances.

The following are instances and indicators of abuse.

Emotional/Verbal Abuse is anything said or done that is hurtful or threatening to a child and is the most difficult form of maltreatment to identify:

  • Name calling; “You’re stupid.”
  • Belittling; “I wish you were never born.”
  • Destroying child’s possessions or harming pets.
  • Threatens to harm child or people they care about; “I’m going to choke you,” or “I’ll hurt your sister.”
  • Locking a child in a closet or box.
  • Rejecting a child.
  • Isolating a child.

Sexual Abuse is any inappropriate touching by a friend, family member, anyone having on-going contact and/or a stranger, such as:

  • Touching a child’s genital area.
  • Any type of penetration of a child.
  • Allowing a child to view or participate in pornography.
  • Prostitution, selling your child for money, drugs, etc.
  • Forcing a child to perform oral sex acts.
  • Masturbating in front of a child.
  • Having sex in front of a child.
  • Touching a Child’s genital area.

Physical Abuse is any type of contact that results in bodily harm such as bruising, abrasions, broken bones, internal injuries, burning, missing teeth and skeletal injuries:

  • Hitting or slapping a child with an extension cord, hands, belts, fists, broom handles, brushes, etc.
  • Putting child into hot water.
  • Cutting the child with a knife or any other sharp object.
  • Shaking or twisting arms or legs, yanking a child by the arm.
  • Putting tape over a child’s mouth.
  • Tying a child up with rope or cord.
  • Throwing a child across a room or down the stairs.

Neglect means not meeting the basic needs of the child and is the most common form of maltreatment.

  • Medical – not giving a child life-sustaining medicines, over medicating, not obtaining special treatment devices deemed necessary by a physician.
  • Supervision – leaving child/children unattended and leaving child/children in the care of other children too young to protect them (depending upon the maturity of the child).
  • Clothing and good hygiene – dressing children inadequately for weather, persistent skin disorders resulting from improper hygiene.
  • Nutrition – lack of sufficient quantity or quality of food, letting a child consistently complain of hunger and allowing the child to rummage for food.
  • Shelter – having structurally unsafe housing, inadequate heating, and unsanitary housing conditions.

Call 800-222-8000 or 601-432-4570 to report abuse, neglect or exploitation of a child in Mississippi.

Reports can also be made online at https://www.msabusehotline.mdhs.ms.gov

Division of Family & Children’s Services
800-345-6347 | 601-359-4999

Matthew Thompson is a Child Custody Attorney in Mississippi.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Hot Water; Local Judge Accused of Perjury

Mississippi was recently determined to be the “most corrupt” state. It appears we may be deserving of that title…

atibodyphoto /freedigitalphotos.net

A post earlier this year told of the woe of Judge Joe Dale Walker and self-dealing from the bench which lead to his removal, conviction and incarceration.

In summary, Walker instructed a federal grand jury witness to destroy documents and then Walker lied to the FBI  about it.

Walker appointed a Conservator to solicit bids for the construction of a home for a ward, a litigant in his Court. Of the bids obtained, one was from the Judge’s nephew.  The Judge reviewed the bids in his office and instructed his nephew to increase his bid. Walker then transferred the case to the other Judge in the district for the limited purpose of accepting and approving the bid because of his nephew’s involvement. After the contract was awarded to Walker’s nephew, the case was transferred back to Walker by the second Judge.

This conduct lead to his demise. But, the story is not over…

The second Judge, David Shoemake, is now in the hot seat over the same allegations.

Magee News

Shoemake originally denied signing the Order approving the bid. The Mississippi Commission on Judicial Performance conducted an investigation into these allegations.

Concerning the order dated August 2, 2011, Shoemake testified at a Judicial Performance Show Cause Hearing, “I’ll say no, it’s not my signature. It looks like my signature. But I don’t think it’s my signature. I think it’s been transposed or cut and pasted or something.” (Ex. 4 at 30).    As the questioning continued concerning that order, Shoemake grew more insistent:

Q: So you maintain that this is not your signature on the order filed on August 9th and dated August 2nd?

A: Yes ma’am, that’s what I maintain. And, if you will notice, the order that has the date August 2nd, 2011, has been cut and pasted. It’s got three computer fonts on the front page. And it tries to cut in this language from the copy of the order that she sent me at 3:59 an [sic] August 2, 2011. So the order has obviously been messed with. Somebody has cut and pasted. (Ex. 4 at 37).

Shoemake then stated, “I have never in my life signed a second page with a signature blank on it and that’s all; as a lawyer doing deeds or accepting deeds or any kind of document. I would not have signed my name on a page with my signature blank alone, because it just throws into credibility the first page. You can change the two pages, make them interchangeable.

His testimony “changed” following a handwriting analysis. The Commission had a handwriting analysis conducted which determined that it was in fact Judge Shoemake’s signature on all Orders in controversy.

At a Formal Hearing before the Judicial Performance Commission, Shoemake admitted signing all of the orders in controversy.  He argued he was justified in signing the orders after transferring the matter back to Walker because that was customary, he “didn’t see anything wrong with it at that time . . . I have jurisdiction. And judges can accommodate one another in the same district.” (T. at 202). In fact, he never gave that a second thought: “don’t remember that even being an issue.” (T. at 341). He stated he only did it because he was told that was what Walker wanted.

 When  was asked at the Formal Hearing why, at the prior hearing, he did not simply explain that he signed the orders because he was told that was what Walker wanted, he stated, “I can’t answer that. I don’t know.” (T. at 346).

Based on the above, the Commission has recommended that Shoemake be removed from office, that he be fined the sum of $2,500 and ordered to pay the costs of these proceedings in the sum of $5,882.67.  This matter is now before the Mississippi Supreme Court.

The current allegations are limited to conduct on the bench and whether they are violations of the Cannons of Judicial Ethics.

Follow the blog: BowTieLawyer Visit the websiteThompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Charlie Sheen- Law, Love and Winning

After a week of Flag and Marriage controversy, how about a topic even more controversial? Charlie Sheen.

http://www.foxnews.com/entertainment/2013/12/22/charlie-sheen-/

There could be a law school class; Charlie Sheen and the Law.

Charlie on Restraining Orders:

Great. I was already planning on staying 100 parsecs away from her.” (A parsec is a unit of length equaling 3.26 light-years.)

Charlie on being “Bi-Polar:”

I’m bi-winning. I win here and I win there. Now what? If I’m bipolar, aren’t there moments where a guy like crashes in the corner like, ‘Oh my God, it’s all my mom’s fault!’ Shut up! Shut up! Stop! Move forward.

Charlie on suing CBS:

They’re trying to destroy my family, so I take great umbrage with that. And defeat is not an option. They picked a fight with a warlock.”

Charlie on why he is a “Winner:”

I’m sorry, man, but I’ve got magic. I’ve got poetry in my fingertips. Most of the time — and this includes naps — I’m an F-18, bro. And I will destroy you in the air. I will deploy my ordinance to the ground.

Charlie on Drugs:

I am on a drug. It’s called Charlie Sheen. It’s not available because if you try it once you will die. Your face will melt off and your children will weep over your exploded body. It’s too much.”

 

Quotes courtesy of Mr. Sheen and US Magazine.

Matthew Thompson is a Family Law Attorney in Mississippi and has not met Charlie Sheen.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

 

Don’t Talk too Much.

There is a saying that Confession is good for the Soul.  But, confession may not be good for your future.

imagerymajestic/ freedigitalphotos.net

The desire to confess, to tell someone your secrets can be overwhelming, that is why lawyers, counselors and pastors/priests exist. These professionals are bound to keep your business your business. This is because these communications are protected by privilege; attorney-client, doctor-patient, and/or priest penitent.

That person you just met is not bound by anything. They can tell anyone they please and more importantly could be compelled to testify if legal proceedings were ever to be had. Even if you said something that was not true this person could say you said it.

Also, telling people your business is bad business.  You never know when that certain something comes back to bite you.

Matthew Thompson is a Family Law Attorney in Mississippi and warns clients to not “tell-all” to non-privileged individuals. 

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or  Matthew@bowtielawyer.ms.