Showing posts with label Texas Attorney General. Show all posts
Showing posts with label Texas Attorney General. Show all posts

Sunday, February 22, 2009

Mt. Pleasant Bank Calls, Emails May Be Fraudulent

Consumer Alert: Beware Of Unsolicited Calls, E-Mails Claiming To Be From American National Bank In Mount Pleasant

AUSTIN, TX, Feb. 20, 2009 -- Texans should be aware that telephone calls purporting to originate from the American National Bank of Mount Pleasant may actually be from identity thieves attempting to steal from bank customers.

Bank customers have reported receiving text messages, spam e-mails and phone calls. The messages request bank customers’ account information and debit card information. The Mount Pleasant-based bank’s customers are asked to provide their account information. American National Bank customers should not call the number or communicate with any third party about their account information. The individuals responsible for the calls and e-mails are attempting to obtain customers’ personal identifying information.

To be clear, Texans must not respond to an unsolicited e-mail or telephone calls seeking sensitive personal or financial information. Legitimate banks do not call or e-mail customers seeking this information. Texans should delete the e-mail or hang up the phone.

American National Bank customers who receive these unsolicited calls should report them to Phonebusters at (888) 495-8501, or the U.S. Secret Service Houston Field Office at (713) 868-2299.

Source: AG Release

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Thursday, February 19, 2009

Texas Politicians Introduce Legislation Targeting Online Predators

Attorney General Abbott, Senator Cornyn, Congressman Smith join forces to protect Texas children from predators

AUSTIN, TX, Feb. 19, 2009 -- Texas Attorney General Greg Abbott, U.S. Sen. John Cornyn and U.S. Congressman Lamar Smith today joined forces to advance state and federal legislative efforts that will help protect young Texans from child predators.

“With sexual predators increasingly using new technology to prey upon children, it is critical that law enforcement stay ahead of the criminals,” said Attorney General Abbott. “Innovative legislative responses to high tech crimes are vital to the ongoing success of our crackdown on cyber predators and online child pornographers. Thanks to creative legislative initiatives at both the state and federal levels, law enforcement will have the legal tools we need to help protect Texas children.”

Citing recent developments in the Texas Legislature, Attorney General Abbott expressed his support for legislation by state Sen. Florence Shapiro and Rep. Aaron Peña that would update state sex offender registration laws. If enacted, Senate Bill 689 and House Bill 1239, would upgrade state sex offender registration laws to reflect modern technological innovations and communications platforms.

Specifically, the bills would require that convicted sex offenders provide their e-mail addresses, mobile telephone numbers, social networking aliases and other electronic identification information to the Department of Public Safety’s sex offender registry. In October 2008, Attorney General Abbott recommended that the Legislature act to increase law enforcement’s access to sex offender’s electronic identities. The Shapiro-Peña legislation reflects both legislators’ efforts to protect children by enacting the Attorney General’s recommendations.

At the federal level, Sen. Cornyn, a former Texas Attorney General, sponsored the Internet Stopping Adults Facilitating the Exploitation of Today’s Youth (SAFETY) Act of 2009 in the U.S. Senate. Congressman Smith, a former Texas legislator, sponsored companion legislation in the U.S. House of Representatives.


“I’m proud to join my colleague Lamar Smith from the House of Representatives in announcing our legislation, the Internet Safety Act, to combat Internet predators and create a safer environment for Texas children. It is our hope that we can garner the support of all our colleagues and pass this bill to strengthen penalties for child sex offenders and Internet predators,” Sen. Cornyn said. “Our legislation complements the hard work of Attorney General Abbott, who has been relentless in his efforts to crack down on violence against children. He is realistic about the dangers that exist on the Internet and makes every attempt to keep Texas families informed and equipped with the resources to protect their children.”

Rep. Smith added: “Of the nearly 600,000 images of graphic child pornography found online and reported to law enforcement officials, only 2,100 of these children have been identified and rescued. Federal, state and local law enforcement officials have reached a digital dead end in their battle against the online sexual exploitation of children. Investigators need the assistance of Internet Service Providers to identify users and distributors of online child pornography. The Internet Safety Act requires ISPs to retain subscriber records, similar to records retained by telephone companies, to aid law enforcement officials in their fight against child pornography.”

If enacted, the Internet SAFETY Act would:
• Create a new federal offense for the financial facilitation of child pornography;

• Create a new federal offense for facilitation of child pornography or child exploitation by an Internet content hosting provider or e-mail service provider;

• Require the U.S. Attorney General to promulgate regulations regarding the record retention of subscribers’ Internet Protocol addresses or user information by Internet Service Providers;

• Increase penalties for sexual exploitation of children;

• Increase penalties for activities relating to material involving the sexual exploitation of children, and those constituting child pornography; and,

• Provide $30 million a year over five years for the Innocent Images National Initiative.

Since its establishment in 2003, the Office of the Attorney General’s (OAG) Cyber Crimes Unit has arrested more than 100 sexual predators for using the Internet to prey upon children. Together, the Cyber Crimes and Fugitive Units have arrested 28 convicted sex offenders who accessed MySpace in violation of their parole conditions.

Four additional subjects were arrested for using MySpace to meet and sexually proposition users whose online profiles indicated they were between the ages of 12 to 14 years old. In all four of those cases, the profile actually belonged to an undercover Cyber Crimes Unit investigator.

Since taking office, Attorney General Abbott has earned a national reputation for aggressively arresting and prosecuting online child predators. The Fugitive Unit and the Cyber Crimes Unit, which protects children from online sexual exploitation, have combined to arrest more than 900 sex offenders since 2003. Cyber Crimes Unit investigators also have traveled to schools and communities statewide to offer educational cyber safety programs

Source: OAG Press Release

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Thursday, February 12, 2009

Attorney General Abbott Launches Restitution Program For Countrywide Customers

Lender settles investigations in Texas, 10 other states to resolve deceptive lending allegations

AUSTIN, TX, Feb. 11, 2009 -- Texas Attorney General Greg Abbott today launched a restitution program that will make $7.46 million available to eligible Countrywide Financial Corp residential mortgage customers. Though the State’s 2008 agreement with Countrywide will provide $345 million in total benefits to Texas homeowners, the restitution announced today is specifically set aside for Countrywide customers who lost their homes to foreclosure. Last year, the attorney general initiated an investigation into allegations that Countrywide encouraged homeowners to accept loans they could not afford, failed to fully disclose risky loan terms to borrowers, and wrote loans for unqualified borrowers in an effort to increase market share.

“The restitution program announced today provides financial assistance to Countrywide customers who lost their homes,” Attorney General Greg Abbott said. “Last year we investigated Countrywide and reached a sweeping agreement that included loan modification opportunities for nearly 30,000 Texas homeowners. With today’s announcement, we are implementing the final portion of our agreement and making restitution funds available to Texans whose homes were lost to foreclosure.”


The state’s settlement with Countrywide included the following:
• $7.46 million in restitution for Countrywide’s Texas customers who lost their homes to foreclosure--or whose payments were 120 days behind as of October 6, 2008;
• $335 million in loan modifications for about 30,000 Texans; and
• About 1,400 Texans who are in default – or are likely to be in default – on their subprime mortgages and who “voluntarily and appropriately” turn over their residence in the “Relocation Assistance Program,” are eligible to receive up to $2,000. The Relocation Assistance Program is expected to provide $2.8 million in benefits to Texas homeowners.

Under the agreement’s home loan modification program, eligible home owners can modify the terms of their residential loans so that monthly mortgage payments are more affordable. Modified loan terms will vary according to each home owner’s circumstances. The potential modifications include interest rate freezes, interest rate reductions, loan term extensions, conversions from variable to fixed rate loans, and principal reductions. Eligible borrowers who participate in the program will not be charged late fees, loan modification fees, foreclosure fees, or pre-payment penalties.

Bank of America, which acquired Countrywide last year, will distribute to eligible homeowners program application forms. Texans who believe they may be eligible for the loan modification program should visit Countrywide.com or call (800) 669-6607.

Today’s announcement reflects the Attorney General’s continuing focus on the mortgage-related issues. In September 2007, Attorney General Abbott convened the Texas Residential Mortgage Fraud Task Force, a legislatively-created initiative to improve cooperation and communication among law enforcement and regulatory agencies.

The OAG has also taken legal action against a variety of mortgage-related practices, including title-related scams, fraudulent refinancing ploys, and other mortgage-related fraud. In 2007, Attorney General Abbott secured $21 million in restitution for Texas homeowners who were harmed by lending giant Ameriquest Mortgage Co. The case resolved allegations that the company and its affiliates did not clearly disclose certain terms to homeowners, including unpredictable adjustable rates.

In 2006, Attorney General Abbott negotiated a landmark agreement with Green Tree Servicing L.L.C., a Minnesota-based firm that services manufactured housing debts in Texas. Under the settlement, Green Tree agreed to assist more than 1,200 Texas homeowners who may have been issued invalid titles to homes they purchased from unlicensed retailers in 2003. In a related move, the Attorney General secured an injunction and asset freeze against the unlicensed sellers. The OAG has also halted scams purporting to save homeowners properties from condemnation and cracked down on various title-related and refinancing scams.

Source: OAG Press Release

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Wednesday, February 4, 2009

'Moment Of Silence' Law Upheld

Texas Solicitor General defends Moment Of Silence law

NEW ORLEANS, LA, Feb. 3, 2009 -- Texas Solicitor General James Ho appeared today before the U.S. Court of Appeals for the Fifth Circuit, where he defended young Texans’ right to begin each school day with the Pledge of Allegiance and a moment of silence. Under a 2003 law, Texas schools begin each morning with a minute of silence for students to “reflect, pray, meditate, or engage in any other silent activity.” A North Texas couple filed a lawsuit challenging the law, but that challenge was rejected by a federal district court. The couple appealed their loss to Fifth Circuit.

“The United States Constitution plainly protects young Texans’ right to observe a moment of silence before school each morning,” Attorney General Abbott said. “In an age where children are bombarded with distractions, beginning each school day with a moment of silence offers a welcome moment of quiet contemplation. The Solicitor General’s argument before the Fifth Circuit clearly articulated that the district court correctly rejected the plaintiffs’ argument and upheld Texas’ moment of silence law.”


In 2003, the Texas Legislature revised the moment of silence law to provide for the recitation of the state and federal pledges of allegiance before the minute of silence. The law permits students to, among other protected activities, “pray” during this quiet time, or engage in “any other silent activity that is not likely to interfere with or distract another student.”

Defending the moment of silence law, the state’s brief argues that, “by providing a patriotic and contemplative context for the minute of silence, Senate Bill 83 plainly serves secular rather than religious purposes.” The brief also said: “the purpose of these exercises is plain – to foster patriotism and provide an opportunity for students to engage in thoughtful contemplation.”

Solicitor General Ho said: "Texas law simply provides students with a quiet minute of contemplation at the start of each school day. Allowing students to make a personal, private decision about their use of that time is entirely constitutional. In fact, the concept of a moment of silence originates with Justice William Brennan, who suggested that schools adopt 'a moment of reverent silence at the opening of class' in his concurring opinion in Abington School District v. Schempp (1963)."

In January 2008, a federal district judge rejected a North Texas couple’s claim that the law was unconstitutional. Today’s Fifth Circuit argument stems from the plaintiffs’ appeal of the district court’s adverse ruling. Last month, a federal district court in Illinois struck down that State’s moment of silence law.

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Friday, January 16, 2009

Abbott Wins Fight To Keep God In Inauguration

Attorney General Abbott Supports Court Ruling Allowing Prayer In Upcoming Presidential Inauguration

AUSTIN, TX Jan. 16, 2009 -– Texas Attorney General Greg Abbott today supported a Thursday ruling by U.S. District Court Judge Reggie B. Walton clearing the way for prayer at President-elect Barack Obama’s Presidential Inauguration next week and the presidential oath of office to include the phrase, “So help me God.”

“Yesterday's federal court decision marks an important victory for all Americans’ right to freely express their religious faith,” said Attorney General Abbott. “Since President George Washington first said ‘So help me God’ in 1789, American presidents have a longstanding, historic--and constitutionally established--tradition of invoking the Almighty at their inaugural ceremonies. Recognizing that right, the federal district court rejected the plaintiffs' request and cleared the way for President-elect Obama to invoke God during his historical inauguration.”

Attorney General Abbott and attorneys general representing all 50 states and the U.S. Virgin Islands filed their amicus brief in an effort to defeat a legal challenge that activist Michael Newdow and several atheist organizations filed on Dec. 30, 2008. Late Thursday, Judge Walton refused to grant the plaintiffs’ request for a preliminary injunction – an action which could have prevented President-elect Barack Obama’s oath from including the phrase, “So help me God,” and prayer during the inauguration.

The states’ action in Michael Newdow, et al. v. Hon. John Roberts, Jr. reflects Attorney General Abbott’s latest effort to lead a multi-state defense of public acknowledgments of God. In a 2003 amicus brief that was filed with the U.S. Supreme Court on behalf of all 50 states, Attorney General Abbott successfully helped thwart Newdow’s attempt to remove the words “under God” from the U.S. Pledge of Allegiance. In 2007, he defeated a separate lawsuit attempting to remove the words “under God” from the Texas Pledge of Allegiance.

Attorney General Abbott also personally appeared before the U.S. Supreme Court, where he successfully defended a Ten Commandments monument on the Texas Capitol grounds. In that case, Van Orden v. Perry, the plaintiff sought to remove a Ten Commandments from the Texas Capitol, but the U.S. Supreme Court ruled that the monument was constitutional.

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Thursday, January 8, 2009

Attorney General Abbott Defends Constitutionality Of Prayer During Presidential Inauguration

Abbott leads 50-state coalition in defense of prayer, presidential oath of office.

AUSTIN, TX Jan 8, 2009 -- Texas Attorney General Greg Abbott and a bipartisan coalition of Attorneys General representing all fifty states and the U.S. Virgin Islands today took legal action to defend the constitutionality of prayer during President-elect Barack Obama’s Presidential Inauguration.

In an amicus brief that was authored by Attorney General Abbott and filed with the U.S. District Court for the District of Columbia, the state Attorneys General also defended the President-elect’s right to say the words “so help me God” while reciting the presidential oath of office.

"Since President George Washington uttered the words ‘so help me God’ at his first inauguration in 1789, American presidents have a longstanding, historic tradition of invoking the Almighty at their inaugural ceremonies,” said Attorney General Greg Abbott. “Despite more than two hundred years of established tradition – and no legal precedent for their challenge – a group of activists have asked the courts to interfere with President-elect Obama’s right to pray and invoke God during his inauguration as forty-fourth President of the United States.

Today’s legal action reflects a concerted bipartisan, fifty-state effort to defend a constitutional acknowledgement of faith during an inaugural celebration.”

The states filed their amicus brief in an effort to defeat a legal challenge that activist Michael Newdow and several atheist organizations filed on Dec. 30, 2008. Their lawsuit claims that the longstanding inaugural traditions—prayer and an oath of office that includes the words ‘so help me God’—violate the First Amendment’s Establishment Clause.

Public acknowledgements of God at official functions have been customary since the nation’s founding. President George Washington began an unbroken, 200-year tradition when he inserted the phrase “so help me God” at the end of his oath of office in 1789. Today it is common for prayers and oaths invoking God to be incorporated into swearing-in ceremonies across the country. For example, Article XVI, Section 1 of the Texas Constitution provides that all appointed and elected officers shall take an oath of office – and that constitutional oath includes the phrase “so help me God.”

At the federal level, members of the United States Congress are also sworn-in using an oath that invokes the Almighty. When the 111th Congress convened Tuesday, the House and Senate Chaplains delivered a prayer just before Senators and Representatives recited an oath of office that incorporated the phrase “so help me God.”

The constitutionality of public acknowledgements of God by governmental institutions has been repeatedly affirmed by the United States Supreme Court. In Marsh v. Chambers, the high court upheld the constitutionality of opening every legislative session with a clergy-led prayer. As Justice Sandra Day O’Connor has noted, such religious observances are used for “solemnizing public occasions, expressing confidence in the future, and encouraging the recognition of what is worthy of appreciation in society.”

Explaining the states’ legal position, Texas Solicitor General James Ho said: “Plaintiffs are not just challenging Presidential traditions; they are effectively attacking the laws and customs of virtually every state in the Union, including oaths of office in at least 20 state constitutions. But they are unable to cite a single state authority to cite their challenge. From daily prayers during legislative sessions to monuments on public property displaying the Ten Commandments, the United States Supreme Court has repeatedly upheld the constitutionality of official acknowledgments of faith."

The states’ brief in Michael Newdow, et al. v. Hon. John Roberts, Jr. reflects Attorney General Abbott’s latest effort to lead a multi-state defense of public acknowledgments of God. In a 2003 amicus brief that was filed with the U.S. Supreme Court on behalf of all 50 states, Attorney General Abbott successfully helped thwart Newdow’s attempt to remove the words “under God” from the U.S. Pledge of Allegiance. In 2007, he defeated a separate lawsuit attempting to remove the words “under God” from the Texas Pledge of Allegiance.

Attorney General Abbott also personally appeared before the U.S. Supreme Court, where he successfully defended a Ten Commandments monument on the Texas Capitol grounds. In that case, Van Orden v. Perry, the plaintiff sought to remove a Ten Commandments from the Texas Capitol, but the U.S. Supreme Court ruled that the monument was constitutional.

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