COA: Defrauded Logansport Business Can’t Sue Michigan law Firms Here
COA: Defrauded Logansport Business Can’t Sue Michigan law Firms HereDave Stafford for www.theindianalawyer.com
A Logansport businessman who was defrauded of more than $20,000 cannot use Indiana courts to sue the Michigan law firm whose client was later convicted of wire fraud, the Indiana Court of Appeals ruled Friday.
Jerry Arnold, who owns Arnold’s Jewelry and Gifts, signed papers in Indiana and was assured he would receive a line of credit of $850,000 through Michigan Commercial Resource Locator Inc. agent Sebastian Restum. But to do so, Arnold was required to pay an upfront loan-processing fee of $20,700, which went into a Michigan law firm’s Interest on Lawyer Trust Account. According to the agreement, Arnold would be refunded the money if the line of credit wasn’t secured.
Eight months later, Arnold still had not received the line of credit, and the FBI charged Rostum with wire fraud. He was convicted and sentenced to 51 months in prison and ordered to pay restitution of almost $5 million for a mortgage fraud scheme.
After the firms refused to refund Arnold’s money, he sued in Cass Circuit Court. The trial court dismissed the suit for lack of personal jurisdiction, finding the contacts in Indiana between Arnold and the law firms were not continuous and systematic to establish general jurisdiction under the tests established in Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985). The court also found the contract Arnold signed specified Michigan as the forum state and that he was capable of maintaining a suit there.
“Despite the fact that the alleged tortious acts occurred in Indiana, the trial court found that the Appellees and witnesses were in Michigan and that discovery and services of process would be done in Michigan. In addition, there is a pending criminal complaint filed in a Michigan federal court relating to the alleged fraud as cited in Arnold’s Complaint,†Judge Patricia Riley wrote for the panel.
St. Mary’s Hospital for Women & Children Birth Records
St. Mary’s Hospital for Women & Children Birth Records
Sydney and Kristopher Raber, Allendale, Ill., son, Carter Wayne, Sep. 4
Mariesha Hendrix, Evansville, daughter, Leila Noelle, Sep. 5
Kellie McPhee and Dustin Roxbury, Evansville, daughter, Aurora Eve, Sep. 5
Breanna and Joshua Spurlock, Evansville, daughter, Ellanoir AnnMarie, Sep. 6
Kayla and Joseph Hurley, Evansville, son, Crew Hamilton, Sep. 6
Brittany Miles and Alex Hyndman, Evansville, son, Philip Reed, Sep. 6
Brittany Bennett and Michael Casteel, Eldorado, Ill., daughter, Alivia Angelia, Sep. 6
Lauren and Levi Hoehn, Evansville, daughter, Zoey Danielle, Sep. 7
Jenna and Andrew Spahn, Wadesville, Ind., son, Mason Andrew, Sep. 7
Brittany and Taylor Patterson, Evansville, daughter, Charlotte Grace, Sep. 7
Morgan and Brian Joyce, Newburgh, Ind., son, Carson Anderson, Sep. 7
Amy and Justin Scherrer, Evansville, daughter, Daisy Mae, Sep. 7
Kadriene McKenzie and Kyle Wilkinson, Princeton, Ind., daughter, Renezmai Rose, Sep. 7
Talis James and Christopher Koch, Boonville, Ind., daughter, Lylah Rose, Sep. 7
Jessica and Eric Whipple, Evansville, son, Hunter James, Sep. 8
Keri and Jason Hillyard, Corydon, Ky., son, Kaleb Davis, Sep. 8
Jennifer and Eric Wagler, Odon, Ind., son, Colton Eric, Sep. 8
Melissa and Nathan Toothman, Mount Pleasant, Ind., son, Gatlin Raymond James, Sep. 8
Jessica and Mitch Johnson, New Harmony, Ind., daughter, Delilah Jane, Sep. 8
Krystal and Thomas Wood, Henderson, Ky., son, Samuel Thomas, Sep. 8
Heather Buckman and Eric Cooper, Evansville, son, Isaiah Zane, Sep. 8
Rachel Hibbs, Evansville, daughter, Terri’Lynn Rose Da’Lawn, Sep. 9
Nicole and Matt Stricklen, Newburgh, Ind., son, Blake Nicholas, Sep. 9
Emily Stephens and Tre’ Hawkins, Francisco, Ind., daughter, Marlee Justyne, Sep. 9
Broughton paces five top-50 finishers at Spartan Invite
EAST LANSING, Mich.—Five University of Southern Indiana runners finished in the top-50 at the Spartan Invite hosted by Michigan State University.
Senior Chase Broughton (Marengo, Indiana) finished in 25 minutes, 36 seconds to earn a 27th-place finish. Not far behind, junior Bastian Grau‘s (Höchstadt, Germany) time of 25:39 was good enough for 31st.
Junior Jesse Stanley (Chandler, Indiana) and sophomore Darin Lawrence (Indianapolis, Indiana) finished in 43rd and 44th, respectively, with times of 25:58. Junior Cain Parker (Petersburg, Indiana) rounded out the top-50 finishers with a time if 26:05.
The Eagles return to action October 1 at the Greater Louisville Classic with a 8k-race beginning at 8 a.m. (CDT).
Balanced attack lifts Eagles to 3-set win over Jewell Â
Three University of Southern Indiana Volleyball players recorded double-digit kills Friday night as the Screaming Eagles cruised to a 25-19, 25-21, 25-14 victory over visiting William Jewell College in their Great Lakes Valley Conference opener at the Physical Activities Center.
After playing to a 10-10 tie in the opening frame, the Eagles used a 6-1 outburst to build a five-point edge. USI had 17 kills in the first set as it earned the six-point win.
USI (6-4, 1-0 GLVC) and Jewell battled to an 11-11 tie in the second stanza, but a 9-1 USI surge left the Eagles with a commanding 20-12 edge.
The Cardinals (4-5, 0-1 GLVC) trimmed USI’s lead in half later in the set, but it was too little too late as the Eagles held on for the four-point win and a two-set lead in the match.
USI dominated the third frame as it used a .429 attacking percentage and a 12-3 run to cruise to the 11-point, match-clinching win. Senior middle hitter Amy Zwissler (Bloomington, Indiana) had four of her match-high 12 kills in the third set, while junior middle hitter Te’Ayla Whitfield (Fort Wayne, Indiana) chipped in four of her 11 kills and two of her three blocks in the clincher.
Whitfield and Zwissler finished with attacking percentages of .450 and .391, respectively, while freshman right side hitter Amanda Jung(Belleville, Illinois) added 11 kills and a match-high .588 attacking percentage.
Sophomore setter Erika Peoples (Bloomington, Illinois) set the table for the Eagles as she finished with 40 assists, including 15 in the first frame.
Junior libero Shannon Farrell (Munster, Indiana) and junior outside hitter Shelbi Morris (Brazil, Indiana) had 19 and 12 digs, respectively, as the Eagles held the Cardinals to .066 attacking percentage for the match and a negative .071 clip in the third set.
Farrell continues to inch closer to her 1,000th career dig as she need just 35 more to become the 11th player in program history to reach the milestone.
USI returns to action Saturday at 3 p.m. when it takes on defending NCAA II Midwest Region champion Rockhurst University at the PAC. The Hawks (7-3, 1-0 GLVC) defeated Bellarmine University in four sets Friday night.
Short Box Score (Match)
Univ. of Southern Indiana Volleyball
William Jewell vs Southern Indiana (Sep 16, 2016 at Evansville, IN)
Southern Indiana def. William Jewell 25-19,25-21,25-14
William Jewell (4-5, 0-1 GLVC)
(Kills-aces-blocks) – Cunningham, Paige 11-0-4; Johnson, Madeline 4-0-3; Richterkessing, Stef 3-0-2; Miller, Grace 2-0-4; Booton, Mary 2-0-0; Booth, Leslie 2-0-1; Rau, Jenna 1-0-2; Tolberd, Olivia 0-3-0; Lindhorst, Amy 0-1-0; Totals 25-4-8.0. (Assists) – Weigel, Alix 14; Lindhorst, Amy 11. (Dig leaders) – Tolberd, Olivia 18; Richterkessing, Stef 7
Southern Indiana (6-4, 1-0 GLVC)
(Kills-aces-blocks) – Zwissler, Amy 12-1-2; Whitfield, Te’Ayla 11-0-3; Jung, Amanda 10-0-0; Humphrey, Mikaila 7-0-2; Morris, Shelbi 4-0-0; Peoples, Erika 3-2-0; Farrell, Shannon 1-0-0; Limper, Haley 0-1-0; Totals 48-4-5.0. (Assists) – Peoples, Erika 40. (Dig leaders) – Farrell, Shannon 19; Morris, Shelbi 12; Limper, Haley 9
Site: Evansville, IN (PAC)
Date: Sep 16, 2016Â Â Attend: 420Â Â Time: 1:20
Referees: John Hunley, Josh Bagley
GAME #3 RE-SCHEDULED DUE TO WEATHER
Evansville, Ind. – Game #3 of the Frontier League Championship Series has been re-scheduled due to weather. The contest that was to be held tonight at CarShield Field in O’Fallon, Missouri will be played on Saturday, September 17, with Game #4 being played on Sunday, September 18. Game #5 (if necessary) is scheduled for Monday, September 19 at Bosse Field.
For more information please contact Andrea Wallace at awallace@evansvilleotters.com.
VIKINGS & EAGLES UNITE By Jim Redwine
Gavel Gamut
By Jim Redwine
(Week 19 September 2016)
VIKINGS & EAGLES UNITE
Michelle Fortune and Jason Simmons are Posey County Probation Officers who work out of the same office on the first floor of the courthouse. They and their spouses have been friends for many years. Michelle and Jason both graduated from North Posey High School (the Vikings), Michelle in 1995 and Jason in 1994. Michelle and Jason both graduated from U.S.I. (the Screaming Eagles) in 1999.
Michelle is married to Detective Jeremy Fortune of the Posey County Sheriff’s Department. They have two children, Emily and Reagan. Jason and his wife Christine have two children, Alexa and Logan. Christine is a credit analyst for Old National Bank.
Michelle and Jason give generously of their time, talent and money to several public organizations. Jason and his family attend Frances Xavier Catholic Church and Jason has been a volunteer youth baseball, softball and basketball coach for several years. Jason plays golf and mows a lot of grass at his rural home near New Harmony, Indiana.
Michelle fought and defeated cancer and continues to maintain a regimen of physical fitness. She has competed in Spartan Races and serves as president of the Mt. Vernon F.O.P. Lodge #133 Auxiliary. Michelle is also a volunteer member of the important Posey County Critical Incident Response Team.
Michelle has been with the Posey Circuit Court Probation Department since July 1999. Jason joined the Probation Department in 2003. Together they perform myriad duties while working mainly with adult probationers. At my request, they have listed some of their duties as set forth below:
Conduct pre-hearing and pre-sentence investigations and prepare reports as required by law;
Assist the courts in making pretrial release decisions;
Assist the courts, prosecuting attorneys, and other law enforcement officials in making decisions regarding the diversion of charged individuals to appropriate non-criminal alternatives;
Furnish each person placed on probation a written statement of the conditions of probation and give instructions regarding how those conditions are to be met;
Supervise and assist persons on probation consistent with conditions of probation imposed by the court;
Bring to the court’s attention any modification in the conditions of probation considered advisable;
Notify the court when a violation of a condition of probation occurs;
Cooperate with public and private agencies and other persons concerned with the treatment or welfare of persons on probation, and assist them in obtaining services from those agencies and persons;
Keep accurate records of cases investigated by the probation officer and of all cases assigned by the court and make these records available to the court upon request;
Collect and disburse money from persons under supervision according to the order of the court, and keep accurate and complete accounts of those collections and disbursements;
Assist the court in transferring supervision of a person on probation to a court in another jurisdiction; and
Perform other duties required by law or as directed by the court.
During the course of performing these duties, a Probation Officer often takes on other roles such as social worker, therapist, and broker of services. Although probation officers are not allowed to give legal advice they must be knowledgeable in many areas of the law as often times they become witnesses and must testify in Court.
Posey County’s six probation officers work as a team. The fact that long-time friends can collaborate on these important matters provides even better public service.
Ivy Tech appoints new members to Regional Board of Trustees
Evansville, Ind. – Scott Lobel, Senior Vice President and Financial Consultant for Hilliard Lyons, and Philip Rawley, CEO of Tri-State Orthopaedic Surgeons have been appointed to the Regional Board of Trustees at Ivy Tech Community College Southwest.
Lobel has been with Hilliard Lyons since 1996 and merged with the Newman, Wathen team in 2007. He earned his bachelor’s degree in Real Estate and Finance from Eastern Michigan University. Rawley has been with Tri-State Orthopaedic Surgeons since 2010 and has served as CEO since May of 2011. He earned both his bachelor’s degree in Accounting and master’s degree in Business Administration from the University of Southern Indiana.
Other members of the Ivy Tech Community College Southwest Regional Board of Trustees include:Â Dr. Tara Bishop, Assistant Superintendent, Perry Central Community School Corporation; Dr. Stacey Humbaugh, Superintendent, South Gibson School Corporation; Shawn McCoy, CAO, Deaconess Hospital; Eva Schmitz, Communication Director, Berry Plastics; Derrick Stewart, CEO, YMCA of Southwestern Indiana; Scott Watkins, Project Manager, PCI Skanska;Â Elizabeth Witte, Vice President for Planning and Corporate Development, Vectren Corporation.
Come visit the Indiana State Police Museum – Open this Saturday, Sept. 17th from 12pm to 4pm. Located at 8660 E 21st St., Indianapolis
Looking for something different to do this weekend? Stop by the Indiana State Police Museum this Saturday, Sept. 17th. The museum will be open to the public from 12pm to 4pm and has free admission.
Come and see police cars dating back to the 1930s, an original 1937 Indian Motorcycle used by Indiana State Police troopers, and learn about the history of the Indiana State Police dating back to the Dillinger days.
The Indiana State Police Museum is located at 8660 East 21st Street, Indianapolis, IN 46219 – near the Post Road and 21st Street intersection.
PONDERING THE REGRETTABLE HISTORY OF TAXATION
PONDERING THE REGRETTABLE HISTORY OF TAXATIONBy
Tom Purcell
Ah, the campaign season.
That’s when the Republican presidential candidate promises to lower taxes and the Democrat candidate promises to increase them —- which makes me ponder the history of taxation in America.
The income tax began in Britain way back in 1842. By 1861, it came to America. Americans paid it to help finance the Civil War, but come 1871 —- six years after the war —- the tax was finally repealed.
Some politicians, however, took a liking to it. They tried for the next 20 years to have it reinstated. But the Supreme Court shot down the income tax as unconstitutional.
In 1913, income tax supporters had their way. The 16th amendment was passed and the income tax was signed into law.
Here’s how it worked: Only those who earned more than $3,000 —- a lot of money in those days —- had to pay. And they only had to pay about 1 percent. (The highest bracket was only 7 percent at that time for those who earned $500,000.) As you well know, these low tax rates didn’t last.
By 1918, the top rate —- the highest rate imposed on the highest earners —- rose to a whopping 77 percent. Why? So America could finance World War I. And did the rates drop back to pre-war levels when the war ended?
Nope. The top rate fell from 77 percent to 25 percent —- 17 points higher than it was before the war.
Then Franklin Delano Big Government came to town. The top rate shot back up to 78 percent by 1936.
By the 1940s, another war came along and the top rate shot up to 94 percent. And did taxes go down following the war?
Nope. This time the top rate stayed above 90 percent —- well into the early 1960s.
Then John F. Kennedy got elected and reduced the top rate from 90 percent to 70 percent under the Tax Act of 1964. His reductions spurred economic growth.
And when politicians realized that lower taxes resulted in more growth and productivity, they eagerly reduced income taxes, right?
Wrong. The income tax wasn’t reduced again until 1980 when Ronald Reagan took over. In 1981 the top rate was reduced to 50 percent. In 1986, in return for elimination of loopholes, the top rate was reduced to 28 percent.
Over the past 20-plus years, there were some slight adjustments to tax rates under President George H.W. Bush, who raised them, President Bill Clinton, who raised them again, President George W. Bush, who lowered them, and President Barack Obama, who increased them again.
In any event, our top income tax rate stands at 39 percent and our corporate income tax rate stands at 35 percent, among the highest corporate rates in the world.
Donald Trump promises to lower the top income-tax rate to 33 percent and the corporate rate to 15 percent, whereas Hillary Clinton wants to increase the top income tax rate to 45 percent and hasn’t issued a plan on the corporate tax rate —- except to say the rich need to pay more.
Regardless of what either will do, hardworking Americans will continue paying massive taxes.
In addition to income taxes, we pay taxes on gas, utilities and phone usage. We pay property, sales and transfer taxes.
Our states, counties and municipalities tax us.
Tally it all up and you’ll discover that 50 cents of every dollar we earn goes toward taxes —- a percentage that isn’t likely to change much regardless who the next president is.
Which is why I ponder our regrettable history of taxation during presidential campaigns every four years.