Watchdog Bytes

Are you one of 100,000 Texans who were the victim of fraud last year?

From Star-Telegram Watchdog columnist Dave Lieber:

This should come as no surprise: Texas is the #3 in identity theft complaints in the nation behind Florida and Arizona. California was fourth. Almost 100,000 Texans said they were the victim of identity theft or some other fraudulent crime in 2009, according to a new Federal Trade Commission Report.

To keep it balanced, the government measures the crimes per capita, or out of every 100,000 people.

Here are the top "winners" for 2009 identity theft victims:

1. Florida 122.3 out of every 100,000. 22,664 victims
2 Arizona 119.4 out of every 100,000. 7,875 victims
3 Texas 116.4 out of every 100,000. 28,844 victims
4 California 114.2 out of every 100,000. 42,209 victims.

You can read the entire report here.

If you click to page 63, you'll see the Texas stats.

Here are the top consumer complaints across the nation for 2009 by number of complainants and percentof total crimes reported:

1 Identity Theft 278,078 21%
2 Third Party and Creditor Debt Collection 119,549 9%
3 Internet Services 83,067 6%
4 Shop-at-Home and Catalog Sales 74,581 6%
5 Foreign Money Offers and Counterfeit Check Scams 61,736 5%
6 Internet Auction 57,821 4%
7 Credit Cards 45,203 3%
8 Prizes, Sweepstakes and Lotteries 41,763 3%
9 Advance-Fee Loans and Credit Protection/Repair 41,448 3%
10 Banks and Lenders 32,443 2%
11 Credit Bureaus, Information Furnishers and Report Users 31,629 2%
12 Television and Electronic Media 26,568 2%
13 Health Care 25,414 2%
14 Business Opportunities, Employment Agencies and Work-at-Home Plans 22,896 2%
15 Computer Equipment and Software 22,621 2%
16 Telecom Equipment 22,377 2%
17 Auto Related Complaints 22,372 2%
18 Travel, Vacations and Timeshare Plans 15,386 1%
19 Debt Management and Credit Counseling 13,401 1%
20 Telephone and Mobile Services 10,939 1%
21 Magazines and Buyers Clubs 10,427 1%
22 Home Repair, Improvement and Products 8,959 1%
23 Office Supplies and Services 8,929 1%
24 Investment Related Complaints 5,565 <1%
25 Real Estate 4,474 <1%
26 Grants 4,220 <1%
27 Charitable Solicitations 3,474 <1%
28 Multi-Level Marketing, Pyramids and Chain Letters 2,474 <1%
29 Clothing, Textiles and Jewelry 1,594 <1%
30 Video Games 1,185 <1%

How to find somebody

[Update: After this original post appeared, we heard from various folks giving us further information. The company folks originally named at the bottom of this post are not associated with this Fort Worth store. A former owner and a former manager both contacted us and gave us further information about how the consumer could find the current owners. This illustrates the power of the Internet, for sure. Once again. In addition, the problems involving this one store should not reflect upon the EzBayer company as a whole since this problem seemed to link to this particular store and its owners.]

From Star-Telegram Watchdog columnist Dave Lieber:

People often ask me to help them find people with a search and help them track down someone who has their money or property. I'm no private investigator, but there are some simple methods we use at Watchdog Nation to find people. They work most of the time.
  
Are you looking for someone? Not for a date -- but because they ripped you off? Then read on. This letter arrived last week from a reader:


Dear Dave,
   I consigned some items with EzBayer on South Hulen Street. Imagine my surprise when I went by there yesterday and found an emptied-out office with a disconnected phone!
   Can you track down these people? I will take them to small claims court if I can identify them?
Thanks,
PF


Dear P,
   You are right. For you to sue in small claims court, you need to know to whom the papers should be properly served. That means you have to know the name and address of the "registered agent" of the listed corporate entity, according to state law.
   This would be a good opportunity to go over the rudimentary way to conduct a quick and (almost) free Watchdog Nation-styled background check.
   I hear that these eBay drop-off stores often struggle and close. Because you say there was no forwarding information -- no sign on the door with contact information -- and you may have lost property, let's do this out in the open in case anyone else is in a similar situation.

# # #

The first thing we have to do is take advantage of the greatest human invention since we learned how to tame fire -- the magic Internet search engine box.
   Putting "EZBayer Fort Worth" into my Uncle Google brings up its corporate Web site:




   And what kind of company? Well, reading on:

   "EzBayer Inc. is a professional Internet Sales Company located in Houston, TX. We have been assisting others buy and sell on the Internet since 1997.  We are one of the oldest and most successful eBay assistants in the United States. EzBayer sets the standard for professional, affordable and effortless sales assistance. We have sold millions of dollars of merchandise on the internet and take pride in the numerous achievement awards we have received. EzBayer has thousands of positive references and repeat customers. Our offerings are visited by thousands of on-line visitors each week."

Then clicking on the "Contact Us" box led me to a physical address and a phone number in Houston.

I dialed that number and it rang with a fast busy signal, which means a disconnection.

Then I went to Google News and searched for any recent accounts of financial difficulties:

Found nothing. Means nobody has covered any problems, or at least Uncle Google couldn't quickly find them.

Then I googled for "Texas Secretary of State" because that's where the company might have registered to do business. At this site, they offer SOSDirect, which is an online business search. I have an account there, but you can buy by the search, too. (About $1 a search.)




I did a "global search" for Ezbayer.

The first document showed an ad for the store. Then I searched for the "registered agent." I found him, but as the update above notes, he is no longer associated with the store. Most likely, the new owners did not update the information.

[Update: Further information provided to us after this post led us closer to the current owners needed for any small claims lawsuit.]

State board disciplines 5 local doctors for drugs, sloppy paperwork and bad care

A Fort Worth doctor who in years past unintentionally exposed himself to a patient and was caught smoking marijuana says he may lose his practice for inadequately documenting controlled substances that he prescribed.

After an investigation by the Texas Medical Board, Dr. Lloyd Kent Weldon,62, last month agreed to have his practice monitored, pay a $3,000 fine and complete 20 hours of continuing medical education.

But Weldon was flabbergasted by the board's finding that he failed to follow guidelines for pain management by, among other things, failing to develop specific treatment plans and goals for his pain patients.

He said quality of care problems weren't discussed when he met with board officials.

"I've tried very hard to be a good doctor," he said. "I've been in practice 35 years. I've never had any kind of patient problems, complaints, anything. And yet the medical board has just dogged me to the point now where I don't even know if I'm going to be continue [to] practice."

The board announced this week that it disciplined 70 doctors, including at least five in Tarrant and Denton counties. 

Weldon believes that complaints about him originated from a patient whom he reported to police for selling prescriptions. Weldon said he takes responsibility for his medical notes, which were hard to read.

Weldon said he was previously disciplined, in 2007, over a split in his pants when he was not wearing underwear and examined a female patient. Weldon said he passed a polygraph test about the matter.

"Yet the medical board writes me up, fines me, because ... I had a frikken tear in my trousers," he said.

As for drug use, Weldon said he has been "clean for 10 years" and spent more than $100,000 to be tested.

However, Weldon was notified by letter of a new law that says employees and owners of a pain-management clinic "may not ... have been subject to disciplinary action ... [for] inappropriately prescribing" a controlled substance.

In other action, the board on Jan. 14 suspended the license of Dr. Thomas J. Havard III, 64, of North Richland Hills. His license had been suspended for about seven months in 1987 for self-reported abuse of controlled substances, according to a board order. The new action resulted from a relapse in 2006 -- he took the bulk of 13,900 tablets of a painkiller -- and for dispensing drugs to employees, according to a board order.

Havard, a physician for 35 years who has treated addiction, said that he has given medications to friends, relatives and colleagues without proper charting and documentation, and that the Drug Enforcement Administration confronted him about the practice in 2008. He said he cooperated with the board's investigation but added, "I hope to be able to contribute positively to the field in the future."

Cleburne cardiologist Sergio Sanchez-Zambrano agreed to complete 20 hours of continuing medical education in recordkeeping and other areas related to his treatment of a patient. Sanchez-Zambrano, 70, said he routinely takes 60 hours of continuing education and, as with all his patients, took "every conceivable effort to find out how I can best serve this patient."

Dr. Vaqar A. Dar of Flower Mound was fined $1,000 for prescribing drugs for a family friend without documentation, according to the board. Denton doctor Jeffrey Earl Lewis permanently surrendered his medical license for writing controlled-substance prescriptions with expired registrations.

-- Darren Barbee

Don't fall for the fake car sale scam

[From Star-Telegram Watchdog columnist Dave Lieber]

   One of the best parts of Watchdog Bytes blog is the ability to share the latest and not-so-greatest scams with you.

   Kudos to Kristina Logan, not only for not falling for some nitwit's scam attempt, but also sharing what she learned with the rest of us. On behalf of Watchdog Nation, thank you to Kristina, a 7th grade language arts teacher at T.A.Howard Middle School in Arlington, TX, Mansfield Independent School District.

 

   Kristina heard me talk about Watchdog Nation at a teachers' conference; she heard me encourage everyone to check things out carefully. Teach, I'm glad you were listening.

   She tells me:

   "I wanted to thank you for encouraging us all to put up our guard when something seems too good to be true," she says. "My husband and I are shopping for a car. On AutoTrader we found a great deal! $8,000 for a 2006 Acura MDX. Can you believe that?

   "Well, I took your advice and checked into it. Turns out this guy, AKA Christopher Miller, was trying to pull a fast one. When I 'googled' his name and where he said that he was from, I see that this joker got the name  and city (Glasgow, Scotland) from a headline. Even more shocking ... Christopher Miller is doing jail time of 18 years because he stabbed a soon-to-be-father.

   "Long story short, I bet this clown didn't think that I could actually do anything about it. (Perhaps sending back a couple of jolly emails as a retort will be enough, just to show I'm not falling for his scam.)

   "Do you have any other suggestions that I could do to warn others?"

   And my answer, of course, is here (with permission to identify her.)

   # # #

 From: Christopher Miller [mailto:cmiller7.6@hotmail.com]

 Sent: Mon 2/15/2010 6:20 PM

 To: Logan

 Subject: 2006 Acura MDX‏

 

 

   Hello,

 

Thank you for your interest about my car. Sorry for the delayed response, but I'm in Glasgow (Scotland) right now and I have been very busy. The total price of the 2006 Acura MDX‏ is $8,000.00USD . THIS IS MY LAST PRICE. I'll not negotiate the price. The car is registered and located in United States. I want to keep the car for me, but I cannot register it here, as it is made for the USA market, according to US standards. So, I decided to sell it.

A few words about the car:

- 2006 Acura MDX‏

- Warranty: Existing

- Vehicle title: Clear

- Mileage: 102,800

- Body type: SUV

- Transmission: Automatic

- Engine: 3.5L V6 PFI SOHC

- Fuel type: Gasoline

- Exterior color: Silver

- Interior color: Black

- Drive train: All Wheel Drive

- VIN#: 2HNYD18636H546991

- You can see more photos right here: <a href="http://pict.com/expo/3987579/446af7c46e">http://pict.com/expo/3987579/446af7c46e</a>

The car is like new, in perfect conditions, accident free, no scratches, no special marks, no need for additional repairs what so ever. A genuine road runner ready to be yours, but only if you shall understand and you won't make me loose time as it has already happened to me.

If you have any question please don't hesitate to reply.

 

Thank you again for your interest.

 

Christopher Miller

Phone: 817-914 ---- (redacted by DL in case it's someone's real number)

 

Sender IP: 76.185.147.220

 

   # # #

 

Subject: RE: 2006 Acura MDX?

Date: Mon, 15 Feb 2010 19:29:03 -0600

From: Logan

To: cmiller7.6@hotmail.com

 

 

Thanks for the reply. I am very interested in seeing the car. I am in South Arlington. What would be the best time to meet someone? Evenings are best for me. Is the car in Grapevine?

 

   # # #

 

Hello,

 

As I told you in my first e-mail, I am in Scotland, UK with my work. Before leaving US I had prearranged the deal with eBay VPP ( Vehicle Purchase Protection ) so my presence in US isn't necessary. The car is in their warehouse ready for delivery.You have 10 days to test and inspect the car. So if you want to make this deal I need the following details from you:

 

*Full name and address

*Shipping address

*Phone #

 

After I will have all this details I will forward them to eBay VPP and I will proceed the order. eBay VPP will contact you with all the details that you need to complete this deal and also to see that i am covered by them and that I am legit seller.

Waiting your email with the requested details.

 

Regards!

Christopher Miller

 

   # # #

 

Watchdog says: Check it out on the Internet before buying. She learned that a man named Christopher Miller was involved in something awful (see it here) and that gave her pause about the whole overseas operation.

 

Remember that U.S. laws and regulations don't apply overseas. When you're dealing with scammers in Canada or across the ocean, remember they are among the best in the world. It's almost impossible to get your money back.

 

Gag on this: Urine-soaked gown pushed into woman's mouth

Kudos to Certified Nurse Aide Rose M. Keel for making us sick to our stomachs in new and interesting ways.

Keel worked at Lindale Healthcare Center on April 11, 2009, when she stuffed a resident’s urine-soaked gown into the woman’s mouth, according to State Office of Administrative Hearings documents.

She also threw a doll at the resident, struck the resident on her bottom, grabbed her by the arm and handled her roughly before transferring her “in a deliberately rough manner” into her wheelchair.

Keel apparently didn’t stop there: She then yelled at other residents to turn off their call lights, failed to answer call lights, failed to provide proper assistance for a resident who needed to go to the bathroom, made threatening statements to a resident and called a resident a “derogatory name.”

Finally, she slapped a resident on the resident’s hands.

In December, an administrative hearing was held at which Keel didn’t show. By law, if the defendant doesn’t show, the allegations against him or her are deemed “admitted as true.” An administrative law judge upheld her lifetime ban from nursing homes last month and the state revoked her CNA certification.

An inspection of Lindale Healthcare in September found it did not get food from approved places and store, cook, and give out food in a safe and clean way. Lindale corrected that problem and several others the next month, records show.

— Darren Barbee

Government workers got a nice raise in 2009

Texas government workers saw a pretty nice pay increase compared with local workers in 2009.

Government workers total compensation — wages and benefits — grew 2.5 percent from fiscal year 2008, according to a new State Auditor's Office report.

In private industry, total compensation for workers increased 0.6 percent in the Dallas-Fort Worth metropolitan area for the year ending December 2009, according to U.S. Bureau of Labor Statistics.

(The Dallas-Fort Worth-Arlington Metropolitan statistical area  includes Tarrant, Collin, Dallas, Delta,Denton, Ellis, Hunt, Johnson, Kaufman, Parker, Rockwall and Wise counties.)

Total 2009 compensation for state agency employees was $27.35 an hour, or $56,884 annually.  

That included an average $38,461 in salary and $18,423 in benefits in 2009. 

In 2008, the most recent data available, the average Texas worker earned $39,320, according to BLS.

In fiscal year 2009, the state spent $8.7 billion on salaries, wages, and insurance benefits to state agency employees, not including higher education employees. 

(Just out of curiosity, Watchdog also looked up how much money went to pay unemployment benefits last year. Drum roll please: $4.9 billion.)

—Darren Barbee

Sears settlement largest in ADA history (updated)

Sears, Roebuck and Co. will pay a record $6.2 million to 235 disabled people to settle a discrimination case with the U.S. Equal Employment Opportunity Commission, according to the commission.

Earlier this month, a court approved the distribution of the money - an average award of about $26,300.

The case was spurred by John Bava, a former Sears service technician from the Chicago area, who took workers' compensation leave after he was injured on the job.

Though he remained disabled by the injuries, he repeatedly attempted to return to work.

EEOC officials said that Sears didn't provide Bava with a "reasonable accommodation" to put him back to work and, instead, fired him when his disability leave expired.

Ethan M.M. Cohen, an attorney with the EEOC, said that several claimants were from Texas, including from Dallas-Fort Worth and San Antonio.

Sears did not have any additional comment on the disbursement. The company said that it settled the case because it would have taken up to five years to run its course at "considerable expense."

"Sears continues to believe that it reasonably accommodates its associates on leave due to work-related illnesses or injuries under the Americans with Disabilities Act," according to a statement from Sears Holdings Corp. spokeswoman Kimberly Freely. "We have always proceeded and will continue to proceed in good faith when considering and making reasonable accommodations for our associates."

In its lawsuit, the EEOC alleged that Sears maintained an inflexible workers' compensation leave exhaustion policy and did not provide employees with reasonable accommodations for their disabilities - a violation of the Americans with Disabilities Act.

The case resulted in the largest ADA settlement of a single lawsuit in EEOC history. 

"As a result of the decree, we believe Sears has an improved workers' compensation leave process, and it has posted notices regarding the decree," said EEOC attorney Aaron DeCamp in a statement.

The suit was originally settled in September.

 

--Darren Barbee

Caregiver who struck man's genitals shouldn't be punished, judge says

Apparently exchanging cuss words with a nurse aide can get you smacked in the privates with no repercussions for the caregiver.

Certified Nurse Aide Brandi Anderson, who slapped a patient’s genitals in May 2009 and told the man he had a “fat (behind)” made the nursing home resident angry but “there was no evidence that he experienced an emotional response to (Anderson’s) actions," according to administrative hearing court documents.

Nevertheless, the male staff at Watchdog still winces every time we read the case file.

The nurse aide, who worked in Atlanta, Texas, east of Dallas, was in a cussing match with the resident, who was trying to hit her, a witness said.

The man responded by saying he “hated that (expletive) whore” after which the witness saw Anderson slap the resident again.

Administrative Law Judge Sarah G. Ramos found that while Anderson “acted inappropriately, she did not abuse the resident because there was no evidence that he suffered physical harm, pain, or mental anguish,” according to court documents.

Ramon said a finding of mental anguish must be based on direct evidence of the nature, duration, and severity of mental anguish, thus establishing a substantial disruption in the person's daily routine, or other evidence of a high degree of mental pain and distress that is more than mere worry, anxiety, vexation, embarrassment, or anger.

The Texas Department of Aging and Disability Services had wanted Anderson banned from ever working in a Texas nursing home again.

— Darren Barbee

 

National debt: We're all in one freakishly gigantic hole

Total public debt as of Feb. 4, 2010: $12,346,427,470,024.01

Debt at the end of last year: $12,311,349,677,512.03

Debt added since Dec. 31: $35,077,792,512

Debt when President Barack H. Obama took office: $10,699,804,864,612.13

Debt when President George W. Bush took office: $5,662,216,013,697.37

 

Current	Debt Held by the Public	Intragovernmental Holdings
02/04/2010	7,840,400,752,727.59	4,506,026,717,296.42

What is the Debt Held by the Public?

The Debt Held by the Public is all federal debt held by individuals, corporations, state or local governments, foreign governments, and other entities outside the United States Government less Federal Financing Bank securities. Types of securities held by the public include, but are not limited to, Treasury Bills, Notes, Bonds, TIPS, United States Savings Bonds, and State and Local Government Series securities.

What are Intragovernmental Holdings?

Intragovernmental Holdings are Government Account Series securities held by Government trust funds, revolving funds, and special funds; and Federal Financing Bank securities. A small amount of marketable securities are held by government accounts.

Source: Treasury Direct

-- Darren Barbee

VA Hotline so bogged down they've closed it two days a week

Why is it that almost every time the government has to pay a benefit, there are massive delays, computer problems, staffing problems, etc.? The latest: thousands of veterans have waited months for their delayed payments under the new Post-9/11 GI Bill. Navy vet Shaylynn Lynch says she called the Veterans Administration more than 30 times, but nobody could help her. The VA is so overwhelmed by benefits claims that it has closed its call centers on Thursdays and Fridays to process the backlog.

In this video, Lynch shows what she has been doing for months: Calling the VA Hotline and getting the runaround.

-- Watchdog columnist Dave Lieber