Archives for June 2020

Some Anti-Coronavirus Safety Products May Be Defective

June 27, 2020 by Gregg Wisotsky, Esq. Leave a Comment

Items That Supposedly Protect From Coronavirus May Not Work

Unfortunately, the COVID-19 pandemic has inspired many businesses to market defective products with false claims. A brand protection software provider found a 272% growth in listings of fake hygiene-related products on e-commerce marketplaces such as Amazon, eBay and Wish in the first quarter of 2020. Although websites such as Amazon have cracked down on fraud, there are still defective safety products aimed at fighting COVID-19 being sold online.

Reasons Why Products May Be Ineffective or Harmful

There are several reasons why fake or defective products may be available to buy. Amazon has put policies in place, and such items as fake testing kits have been eliminated, but vendors are still selling shoddy products with questionable claims. Some reasons include the following:

Third-party sellers have less oversight.
Restrictions have been lifted.
There is no way to know if the product is effective.
Fake reviews give the impression of legitimacy.

Although they are supposed to meet CDC guidelines, many products found online do not. It is in your favor to be skeptical when buying online.

Some Examples of Coronavirus-Related Defective Products

When shopping through online platforms, be on the lookout for defective products that fall in any of the following categories:

Medical supplies: When it comes to medical supplies, be sure you’re buying new products. Some refurbished or previously opened supplies are marketed as new.
Masks and face shields: Many masks and shields claim to be more effective than they really are. They often fool buyers with fake reviews.
Counterfeit or ineffective sanitizers: Bogus sanitizers may be ineffective at best. Not meeting CDC guidelines is one problem; the fact that consumers think that they are sanitizing may put them at risk without their knowledge.
UV sanitizer lights: Cheap and underpowered UV lights are common. Beware of any product with a price that seems too good to be true.
Vitamins and supplements: Avoid any vitamins that claim to prevent or cure coronavirus.
Informational books and pamphlets: Informational books may just be copied from places online and not provide any new or useful information, so be careful when ordering these items.

When a person purchases a product that they think will protect them and the product then does not, they are putting themselves and others at risk. Your first line of defense against bogus products is your own common sense.

Spot Suspicious Listings

Buying online calls for a bit of detective work. There are questions to ask yourself when reading listings. You should avoid any listings that claim to cure coronavirus. Here are some more tips:

Examine the photos.
Watch where products are shipped from.
Check seller ratings.
Double check the URL of the listing.
Be careful of new sellers.

Some listings, to avoid backlash regarding products from Asia, may say “shipped from the USA” or “based in the USA.” However, this misleads many into thinking the product was made in the U.S. Check the seller rating as well as the product reviews. A poor seller rating is a red flag.

New sellers, especially those who usually sell in other categories, should be avoided when buying anti-coronavirus safety products. It is somewhat suspicious when a vendor that usually sells women’s clothing suddenly sells UV lights or vitamins to protect against COVID-19.

Unfortunately, many businesses do a good job of masking their fraudulent items. The office of Gregg Wisotsky has seen too many unsafe products during the COVID-19 crisis. Your Morristown personal injury lawyer wants you to be aware that some people are selling products to take advantage of the pandemic and make a fast buck. Even reasonable use of a harmful or shoddy product can cause safety issues.

Contact Us to Learn More About Defective Product Lawsuits

If you think you may be the victim of a COVID-19 scam that has affected your health, consider taking legal action. You may be able to recover damages by filing a personal injury lawsuit. Give us a call at (973) 898-0161. We invite you to more about your Morristown personal injury lawyer, Gregg Wisotsky, and our New Jersey offices. Let’s answer your questions and discuss your case.

COVID-19 Fraud Charges

June 10, 2020 by Gregg Wisotsky, Esq. Leave a Comment

Common Types of COVID-19 Fraud

The Department of Justice warns that people around the world are trying to utilize COVID-19 to their advantage to earn money through phone, mail, and email. In many cases, these individuals can find themselves faced with fraud charges, even if they are unaware that they are committing fraud. Following are some examples of common types of fraud seen during the COVID-19 pandemic.

Charity Scams

Charity scams are one of the more common types of fraud happening right now. People have an instinct to want to help in times like this. Some individuals take it upon themselves to set up charities or create crowdfunding pages with the intent of donating collected money to those affected by the pandemic. However, if that money doesn’t go where you promised it would, you could be committing fraud. If the organization you chose to donate to initially closes down, for example, and you pocket the money or take portions of the funds to purchase things for yourself, you could find yourself facing fraud charges.

Unemployment Fraud

During the COVID-19 lockdown, many people have found themselves unemployed while their places of work are shut down. Thus, individuals have turned to seeking unemployment benefits in the meantime in order to pay their bills. Occasionally, however, mistakes can happen during the process that result in overpayment. Your employer could have been keeping poor records, or there could be an error in the paperwork. If you do not return these extra funds, you could be committing fraud, even if the mistake is not your fault. Additionally, unemployment benefits often come with requirements, such as requiring that you actively seek employment or do not turn down work. If you fail to comply with these requirements but still accept unemployment benefits, you could be committing fraud.

Fraudulent Products

Right now, there is no vaccine or recognized treatment for COVID-19. However, you may have been convinced that a certain product works in helping to prevent catching COVID-19. These items might include essential oils, CBD products, herbal pills, or even tests. If you attempt to sell such products with the claim that they cure or prevent COVID-19 and they are not approved by the appropriate government agencies, you could be accused of committing fraud.

Credit Card Fraud

There are several types of credit card fraud that you could be committing without realizing it, especially while money is tight during lockdown. If you apply for a new credit card to help while income is limited, for example, but lie on the application, there’s the potential for a fraud charge. You could also face charges for using someone else’s credit card without permission or using someone’s credit card after they have passed away.

A type of credit card fraud that people may not even consider is using a false credit card number in order to get free trials of products or services. Many people are turning to delivery services, grocery services, and even new streaming services while social distancing at home. Some of these apps and services will ask for a valid credit card number in order to use a free trial. You may have been tempted to use a website that provides fake credit card numbers, but some of these sites may be providing you with stolen credit card numbers.

Additionally, many people are purchasing items online while retail stores are closed, and it can be difficult to remember every single online transaction you might make. Some may notice a charge for a purchase that they don’t remember making and may report it as fraud in order to get the money refunded. This, however, is fraud in itself, typically referred to as chargeback fraud.

Penalties for Fraud

The penalties that a person can face for fraud in New Jersey depend on a number of different factors that are specific to the nature of the fraud committed. Unemployment fraud penalties, for example, depend on the amount of money that was taken – the higher the amount, the stronger the penalties would be.

When it comes to credit card fraud, having someone’s credit card without their consent or using a card that was given to you by mistake could result in jail time of up to 18 months and a fine of up to $10,000. When it comes to charity fraud, the first offense in New Jersey can result in a fine of up to $10,000. However, any subsequent offenses can result in fines of up to $20,000 per offense. Similar penalties can be faced for deceptive advertising of products, such as “miracle cures” for COVID-19.

In addition to the penalties, a criminal conviction can result in other negative effects to a person’s life. It could have negative effects on their employment or future employment, finances, the ability to take out loans, or even the ability to travel outside the country in the future. Thus, it’s important to contact a lawyer if you’ve been charged with fraud to mitigate the penalties you may face.

Defenses Against Fraud Charges

If you find yourself facing fraud charges, a Morristown fraud defense lawyer could help you form a defense against them. There are a few different defenses that a lawyer may pursue, depending on the specifics of your particular case. Some examples of the types of defenses used in fraud cases include:

Lack of intent: In order to be convicted of fraud, it must be proven that a person had the willful intent to deceive another, causing that person to suffer a loss. However, it is possible to commit some types of fraud without the intent to do so. If you accidentally used a stolen credit card number for a free trial or accidentally made a mistake in a credit card application, a lawyer may pursue this defense.
Non-fraudulent statements: Not every statement that is deemed false necessarily qualifies as fraud. Matters of opinion also would not be considered fraudulent.
Lack of evidence: The burden lies on the party that brings the claim against you to prove that you committed fraud. If they lack the evidence to prove that you intentionally defrauded someone, you may not face a conviction.
Consent: In some cases, you may actually have had consent from an individual that you allegedly defrauded. This may happen, for example, if you had permission to use a family member’s credit card when you did so. If you can provide evidence that you indeed had their permission to use their card, then fraud charges against you could be dropped.
Mistaken identity: With the rise in internet crimes, it is a possibility that you yourself could have been the victim of fraud and that another person may have committed fraudulent acts in your name. If you have fallen prey to a phishing scheme or a case of stolen identity, someone else could use this information to defraud others. In such cases, a lawyer could help prove that you had nothing to do with the crime to try and get any charges against you dropped.
Entrapment: In some cases, a government official or the police may compel a person to commit a crime that they normally would not. However, simply being provided the opportunity to commit said crime is often not enough for a defense on its own.

If you have been contacted by law enforcement asking about your activities during COVID-19, you should consult with a Morristown fraud defense lawyer at the Law Office of Gregg A. Wisotsky, Esq. Call us today at (973) 898-0161 to set up your initial consultation. We have offices in New Jersey, New York, and Georgia.

COVID-19 and Workers’ Compensation Benefits

June 6, 2020 by Gregg Wisotsky, Esq. Leave a Comment

Can You Get Workers’ Compensation for Contracting COVID-19?

As of this writing, there have been more than 150,000 cases of COVID-19 in New Jersey. Many of these people were exposed to the virus while at work. The question exists as to whether they can qualify for workers’ compensation benefits to pay them for their lost wages, medical bills, and other damages.

COVID-19 Would Be Compensable

The general answer is that you can file a workers’ compensation claim if you got COVID-19 at work. However, it is not always as simple as it seems. While these benefits exist in theory, it is not always easy to prove that you qualify for them.

First of all, COVID-19 would be considered a work-related injury for purposes of workers’ compensation. It is an illness that is caused by something that you are exposed to while at work. If you miss time for work or incur medical costs, the workers’ compensation fund should presumably cover the costs. If you believe that you have contracted COVID-19 while at work, you should immediately report it as a work-related injury.

Proving Causation May Be a Challenge

However, while your eligibility for workers’ compensation when you contracted coronavirus at work is not in doubt, what is more difficult is proving that you contracted COVID-19 while on the job. One of the requirements to be eligible for benefits is that it must be a work-related injury. This means that it must occur when you are on the job.

What is difficult is when you are dealing with a pandemic that has struck practically every part of our society. When this is the case, you may have some difficulty proving that you contracted COVID-19 at work. Your employer does not want you to get workers’ compensation, so they may challenge you when you file a COVID-19 claim. Without an army of contact tracers to figure out the origin of every single case, one would be hard-pressed to show exactly where they were exposed to the virus. Since the burden of proof is on the person filing for benefits, it is a heavy lift to meet this requirement. However, it is not impossible to show that it is more likely than not that you contracted COVID-19 while at work.

In the past, New Jersey has required a level of proof that means the claimant must show it is “more probable than not” that they contracted a virus or disease at work. This is a lower standard than the “beyond a reasonable doubt” that is necessary in a criminal case. However, this is still not an easy burden to meet as a Morristown workers’ compensation lawyer would advise you. One example of this is an old case in which the claimant was a groundskeeper at a country club. On appeal, the court looked at where he went during his job and compared the time he spent in the grass at work to the time he spent gardening at home in finding that he qualified for workers’ compensation benefits.

A Pending Bill May Help

The good news is that help may be on the way for some New Jersey employees who have gotten COVID-19 at work. There is a bill pending in the New Jersey State Senate that would give a presumption that certain employees who got coronavirus contracted it while on the job. The key is that the employee is considered an “essential worker” based on the definition in the legislation. For instance, public safety workers already have a presumption that they contracted COVID-19 while at work.

Here, essential workers include many different types of employees. The legislation would cover health care workers as well as employees in the private sector who perform functions that are “essential to the public’s health, safety, and welfare.” In addition, anyone who Governor Murphy has declared essential for purposes of not having to follow the stay-at-home order would receive benefits. This includes grocery store clerks and retail workers.

If you have contracted COVID-19 and believe that it happened at work, contact a Morristown workers’ compensation lawyer like Gregg A. Wisotsky, Esq. Call our office today at (973) 898-0161 to schedule your initial consultation.

COVID-19 and Jury Trials

June 2, 2020 by Gregg Wisotsky, Esq. Leave a Comment

How COVID-19 Affects Jury Trials in New Jersey

New Jersey courts have undertaken more than 23,000 virtual actions since courthouses were physically closed for COVID-19. However, none of these actions included jury trials since they are not allowed to be held virtually. Here is some more information about how COVID-19 has affected jury trials in New Jersey.

Indefinite Continuations of Trials

The immediate effect of COVID-19 on jury trials is that they have been continued indefinitely. “Continued” means the same thing as suspended. Originally, jury trials that had already begun were allowed to continue. However, the stay-at-home order was issued not too long after the court system was closed. Other trials that were scheduled have also been postponed.

As of this writing, trials in New Jerseys have been postponed through at least May 31. However, courts have been extending these postponements each month when they issue new guidance for the circuit or district. The federal courts in New Jersey are closed through at least June 1.

It is unconstitutional for criminal jury trials to be held remotely or through videoconferencing. The Sixth Amendment of the United States Constitution contains something that is called the Confrontation Clause. As applicable here, the accused needs to be able to confront the witnesses that are testifying against them. This does not mean that the defendant has a right to a physical or verbal altercation. What is does mean is that they are guaranteed the right to be able to see the witnesses in person at a trial. This is not possible over Zoom or a teleconference. Thus, criminal jury trials are suspended at this point.

The same holds true for civil jury trials. Courthouses are physically closed right now. It is simply not possible to gather a large number of people in a courthouse that a jury trial requires. In fact, many states are restricting any type of gatherings right now to 10 people or less. For a criminal trial, 12 jurors are necessary, so that alone makes criminal jury trials off-limits right now.

Social Distancing Is Challenging for Juries

Even when court trials resume, the physical dynamics of the jury will present some challenges for juries. We have all seen court trials on television to observe how close to each other jurors sit during a case. Even when court hearings begin again, that type of physical proximity will still be difficult. Jurors will need to socially distance for quite some time, perhaps until there is a COVID-19 vaccine.

This will make courthouse logistics that much more challenging for the court system. In many courts, the dock where the jury sits is barely large enough to hold the empaneled jurors. It will be difficult to figure out the spacing so that jurors can socially distance. Having to address a spread-out jury will be a challenge for all attorneys in the case. Moreover, the need to socially distance will make it tougher for jurors to deliberate. Courts will need to find a larger space so jurors are not confined together in one room for an extended period of time.

The physical challenges of seating a jury may present even more delays once the court system reopens. It may be some time before it is entirely safe for juries to sit together. What makes it even tougher is that seating the jury is just the last step in the process. Before you even reach that point, scores of potential jurors must file into the courthouse to be questioned for jury duty. Courts may hesitate to let that many people into one building from the outside for an extended period of time even after the pandemic wanes.

Another factor that will continue to impact jury trials is the fact that jurors, witnesses and other trial participants may need to travel a long way for their time in court. Many people do not feel comfortable traveling long distances right now. Most will not automatically feel safer once courthouses reopen. Instead, people will continue to be afraid.

Some jurors end up sequestered during their trials and have to stay in a hotel. However, the fear of improper sanitation may keep people from wanting to stay overnight anywhere away from their homes. In addition, they may not desire to get on an airplane or even travel to another state until some time has passed from the peak outbreak.

Other Logistical Hurdles

There are other logistical hurdles that can cause delays in cases. Even after courts begin to have trials, not every school in the state will have reopened. Summer camps are closed. Parents will be stuck without child care. That will make service on a jury impossible because parents could have nobody to watch their children.

Moreover, the jury pool may be further limited by the fact that many people will have valid excuses from jury duty. Those with preexisting conditions or who are otherwise vulnerable to contracting COVID-19 will not be required to show up at the courthouse. There may be challenges seating a jury because the pool is so limited.

If your trial has already begun and was underway when jury trials were suspended, there are alternate jurors who can step in if one or more jurors had to leave the case. If jurors are sickened and cannot return to the case, there will not be a mistrial unless the entire alternate juror pool is exhausted.

Where Do Cases Stand Now?

The question many are asking is where the court closures and jury trial suspension leave cases that are in the criminal justice system. While many are saying that courthouses are closed, that only extends to physical proceedings in the courthouse. Courts are still figuratively open during this time, and judges are still working. If you have a case that requires a jury, you may even be able to have some type of remote proceeding, albeit one that does not require a jury to be seated. This could include evidentiary motions in front of the judge or any other part of a case that a judge needs to decide.

In addition, judges can still assign deadlines in a case. They are working remotely, reviewing motions and managing their cases. They can require attorneys to brief matters, and they may still issue rulings in a case, even if there is no prospect of a jury trial anytime soon. Just because the jury cannot hear the case does not mean that the case does not proceed. In fact, the jury trial is the very end of the case. Pre-trial motions and issues can take many months to work through before the trial is even held.

In terms of rescheduled trial dates, when your case will actually be heard is anyone’s guess at this point. Judges have very crowded dockets under the best of circumstances, and nearly every judge will be well behind on their trial schedules. How they prioritize cases when courts reopen is up to the individual judge. However, you can expect that your case will likely not be heard right after the courts reopen for trials.

In addition, given the backlog, judges may allot less time for each trial since they must catch up on their dockets. You can expect that it will take some time for the judicial system to return to normal after being closed for three months or more. Your Morristown criminal defense attorney may even need to file a motion regarding how delays are impacting the defendant’s right to a speedy trial.

To learn more about COVID-19’s impact on the justice system in New Jersey, call Gregg A. Wisotsky, Esq., a Morristown criminal defense attorney, at (973) 898-0161. We are working and helping clients during COVID-19.

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