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Mississippi BP Oil Spill Attorneys Share Information About Oil Spill Claim Fraud

A man entered a plea of not guilty in response to charges that he fraudulently received $172,800 by claiming that he lost his job as a deckhand and fisherman following the BP oil spill. The man got charged with fraud after he got arrested for traffic violations and the federal arrest warrant for fraud came through on his background check. The charges allege that the man and a co-conspirator submitted false documentation to the Gulf Coast Claims Facility, including an employment letter, tax documents, and receipts. The Gulf Coast Claims Facility paid the claim.

Unfortunately, the aforementioned incidence of alleged oil spill fraud is not an isolated case. Various types of individuals and groups of people have tried to claim a piece of the oil spill settlement money in ways that are not legitimate. Another example of oil spill fraud is the case of Thi Houng Le a/k/a Kristy Le, and Gregory P. Warren, who got sentenced for conspiracy to commit identity theft, along with aggravated identity theft, mail fraud, and wire fraud. The charges were brought in connection with a fraudulent lawsuit that they brought against BP. This type of fraud was a  scheme that would have defrauded a number of individual victims in addition to the Gulf Coast Claims Facility. The defendants stole the names, addresses, social security numbers, birth dates, and other pieces of personal information of multiple people to create over forty thousand “plaintiffs” for anticipated litigation. The individuals named as “plaintiffs” had never consented to representation by the law firm.

There are plenty of other fraud cases as well. For example, a woman collected approximately $150,000 in oil spill recovery money after she claimed that she lost her job as a hotel manager as the result of the oil spill. She submitted an online claim form to the Gulf Coast Claims Center, and, with the aid of a co-conspirator, she supplied documentation in support of the claim. She was charged with wire fraud and entered a guilty plea. The woman could get sentenced to prison for up to twenty years.

Barrett Law PLLC:  Addressing the Fallout From the BP Oil Spill

The BP oil spill created thousands of personal and business losses. A claims center was established to process those claims, and some people who had never been damaged by the oil spill submitted false claims. Some of the fraudulent claims got paid, depriving the claims center of money that it could have used to pay legitimate claims for damages, which were plentiful. As time goes on, it is likely that more and more false claims associated with the oil spill will be revealed and more people will get arrested for their attempts to take money that they are not entitled to. If you have questions about the BP oil spill claims process, the Mississippi BP Oil Spill Attorneys at Barrett Law PLLC might be able to help you. Call us today at 1 (800) 707-9577, to set up a free, initial consultation.

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Mississippi BP Oil Spill Attorneys Say Lawmakers Are Having Trouble Deciding How to Spend Oil Spill Funds

A decision about how to spend seven hundred and fifty million dollars in BP oil spill damage payments may not be reached this year. Mississippi lawmakers let Senate Bill 2634, a proposed plan for spending the oil spill settlement money, die at a recent deadline for action after the House Appropriations Committee did not bring it up.

Some House members from the Gulf Coast region said that the proposed bill was not specific enough about how the money would get distributed, so they did not feel comfortable endorsing it. A group of sixteen representatives from the Gulf Coast declared that it was better not to take any action than to pass a bill that would not amount to any real action being taken. Some lawmakers fear that the lack of a decision could lead to a decrease in the amount of money that will be spent on the Gulf Coast, as opposed to elsewhere in the state, but there has been no movement in that direction. Opponents of the now dead bill say that there was not enough protection in the bill to prevent money from being diverted to other parts of the state besides the Gulf Coast. Without a plan for spending, though, the money remains exposed to potential spending outside of the Gulf Coast area.

The BP oil spill settlement money that the state of Mississippi has received to date is currently sitting in a general budget account. Payments from BP into the account will continue for seventeen years into the future until the full amount is paid. Last year, lawmakers made plans for how to spend approximately forty million dollars of the settlement money. House members want to be sure that spending is more focused on projects that will create tax revenue and less focused on infrastructure projects.

It is possible that no additional action will be taken this year as far as additional decisions about the settlement money are concerned, but it is also possible that a special session could be called to address the issue. It is also possible that agreement could be reached regarding how to spend a portion of the funds, just like they did last year.

Barrett Law PLLC:  Helping Mississippi Residents Recover from the BP Oil Spill

The BP oil spill caused massive amounts of damage and destruction to Mississippi’s Gulf Coast and throughout the entire state. Fortunately, the Gulf Coast region is beginning to recover its health and well-being, but the road to recovery for businesses and individuals who were affected by the spill is not easy. The health and economic impacts of the oil spill are enormous, and bringing the Gulf Coast back to life will take time and effort. If you have questions about the BP oil spill, the Mississippi BP Oil Spill Attorneys at Barrett Law PLLC might be able to help you. Call us today at 1 (800) 707-9577, to set up a free, initial consultation.

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Mississippi BP Oil Spill Attorneys Talk about Psoriasis and Psoriatic Arthritis

Some of the damage that resulted from the BP oil spill was caused by the dispersant that was applied to the oil spill, and not by the oil itself. One dispersant, in particular, Corexit, has been banned from use in Europe since 1998 because it is highly toxic. Over two million gallons of various types of Corexit were put onto the surface of the Gulf of Mexico and pumped deep under the water after the spill, exposing many people and a large area of the natural environment to the substance.

One of the forms of Corexit used at the BP spill, Corexit 9527A, contains the toxin 2-Butoxyethanol. This substance has been linked to injury to red blood cells, kidneys and the liver in individuals who have had repeated or excessive exposure to it. The forms of Corexit that were used on the BP oil spill are more toxic and less effective than other dispersants that are available for use.

In addition to the aforementioned types of injuries, the health effects of Corexit on human health are serious. Exposure to oil and dispersants has been shown to increase the incidence of psoriasis, and psoriatic arthritis, a form of rheumatoid arthritis are just a couple of the conditions that have been found in people who were exposed to the oil and dispersants. Unfortunately, some of the health concerns that exposed individuals are experiencing place them at risk for even greater harm.

For example, researchers have recently discovered a connection between psoriasis and psoriatic arthritis and osteoporotic fractures. Adults who have severe psoriasis or psoriatic arthritis appear to be more than twice as likely as people without those conditions to fracture one or more vertebrae, which leads researchers to believe that those people are at greater risk for all kinds of osteoporotic fractures.

Osteoporotic fractures are bone fractures associated with low bone mineral density. Spine, forearm, hip, and shoulders are the most vulnerable areas for these fractures, which occur when forces that wouldn’t normally cause a fracture do in fact fracture the bone because of low bone mineral density.

Many people were exposed to varying amounts of Corexit after the BP oil spill, either from encountering it on the shoreline while walking on the beach, participating in cleanup efforts or by some other method of exposure. The amount of exposure varied from person to person, and it depended on both the type of exposure and length of exposure, as well as how much protective equipment if any, each person was wearing when they were interacting with the oil and dispersants. For example, almost all cleanup workers wore gloves, but only some of the cleanup workers wore masks.

Barrett Law PLLC:  Helping Mississippi Residents Recover from the BP Oil Spill

The BP oil spill caused a variety of health problems for residents of Mississippi’s Gulf Coast. While some of the health effects were temporary, many people suffer from long-term health effects from the BP oil spill. If you experience health problems in connection with exposure to oil and dispersants from the BP oil spill, the Mississippi BP Oil Spill Attorneys at Barrett Law PLLC may be able to help you. Call us today at 1 (800) 707-9577, to set up a free, initial consultation.

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Mississippi BP Oil Spill Attorneys Discusses Health Effects of the BP Oil Spill

The environment and the economy of the Gulf Coast suffered greatly after the Deepwater Horizon oil spill in 2010. The health of Gulf Coast residents suffered greatly as well. The economic and environmental recovery of the Gulf Coast gets discussed much more frequently than the health of area residents. Fortunately, funds were made available to some of the people whose health had suffered as the result of the oil spill.

Since the Deepwater Horizon Oil Spill was the result of gross negligence and deliberate misconduct on the part of oil giant BP, billions of dollars in fines and penalties were levied against the company. Some of the settlement money that was collected from BP was designated for the payment of medical benefits to people who lived for sixty or more days near oil-impacted shore areas and who were able to provide proof that they suffered from one or more medical conditions that were caused by the spilled oil or the dispersants that were used to clean it up. It is estimated that at least two hundred thousand people have filed claims for medical benefits, which means that the actual number of people whose health has been affected by the oil spill is greater than that.

The health effects of the oil spill are widespread and varied. Some area residents who wanted to help clean up after the disaster used their boats to participate in the cleanup efforts. Unfortunately, many of them have developed respiratory problems as the result of spending so much time in proximity to the spilled oil. Some people who were involved in cleanup efforts, as well as some who walked the beaches in the days and weeks after the oil spill, have developed skin conditions from coming into contact with the spilled oil. Many cleanup workers were given protective clothing and gear and were instructed on how to clean up the oil in a way that would minimize their exposure to it. Some of them used the equipment and some did not, which means that some people were exposed to enough oil and dispersant to negatively affect their health. Even individuals who used the gear and implemented the training that they received were exposed to some oil and dispersant, and for certain people that was enough to cause problems.

Barrett Law PLLC:  BP Oil Spill Attorneys in Mississippi

The BP oil spill caused many health issues for residents of Mississippi’s Gulf Coast. Although the environment is beginning to be restored and economic activities in the area are starting to recover, many people are still suffering from the health effects that they have experienced as the result of the spill. If you experienced health problems as the result of the BP oil spill, the Mississippi BP Oil Spill Attorneys at Barrett Law PLLC could assist you.  Our experienced Mississippi BP Oil Spill Attorneys have helped many oil spill victims, and we might be able to help you.  Call us today at 1 (800) 707-9577, to set up a free, initial consultation.

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Mississippi BP Oil Spill Attorneys Discuss Oil Spill Recovery Efforts

The Governor has recently announced plans to begin some of the projects that will restore environmental health to the Gulf coast. Some of those projects include replacing sewers and storm drains that currently contribute to beach closures and buying property around some of the bayous so that it can be used for conservation and public use.

The list of projects that will eventually be completed using oil spill recovery money is much longer than that, and the projects on the list are intended to restore both the environmental and the economic health of the area. State officials developed ideas for some of the projects from public input about what types of projects residents thought would be effective. Water quality improvements, economic improvements, coastal habitat protection and restoration, and protection of marine resources are the broad categories of projects that people believe will benefit the area the most.

Specific details and projected costs of some projects have already been released. For example, the state plans to buy a private oyster hatchery near Perkinston so that the University of Southern Mississippi can upgrade the facilities and take over the operation of the hatchery. The Coast Coliseum and Convention Center will receive funds for expansion, although it is not yet clear what form that expansion will take.

A few of the projects that are going to be funded with oil spill recovery money are designed to provide much-needed oversight and will ensure that other restoration projects to determine their effectiveness. For example, the National Oceans and Applications Research Center, which is a private nonprofit that the state has chartered for scientific research and collaboration in the Gulf of Mexico, will monitor Gulf ecosystems to see what impacts various restoration projects will have on the health of marine systems.

Marine life and shore birds are vital to the health of the Gulf, and tourists and area residents alike enjoy seeing dolphins, sea turtles, and other easily recognizable and charismatic signs of a healthy ecosystem. A marine life conservation program will receive funding to do work that involves the conservation, rehabilitation, recovery, and monitoring of sea turtle and dolphin populations. Funds have been allocated to programs that will monitor the health of coastal birds, protect their habitat, and increase their populations.

Barrett Law PLLC:  BP Oil Spill Attorneys in Mississippi

The BP oil spill caused a lot of environmental and economic damage to Mississippi’s Gulf Coast. Although the environment is beginning to be restored and economic activities are starting to recover, many businesses are still suffering from the damage that they have experienced. If you experienced economic damage as the result of the BP oil spill, the Mississippi BP Oil Spill Attorneys at Barrett Law PLLC are here to assist you.  Our experienced Mississippi BP Oil Spill attorneys have helped many oil spill victims, and we might be able to help you.  Call Barrett Law PLLC today at 1 (800) 707-9577, to set up a free, initial consultation.

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Mississippi BP Oil Spill Attorneys Talk About Oil Spill Money Spending Concerns in Louisiana

A former Louisiana Cabinet official is being criticized for the way that he managed a program that was supposed to ensure that seafood from the Gulf of Mexico was safe to eat again. The program was intended to restore consumer confidence in Gulf seafood following the 2010 BP Deepwater Horizon oil spill by showing that the seafood coming out of Gulf waters now is safe to eat. The program was supposed to involve testing of fish in Gulf waters to such a degree that it could conclusively be established whether the fish were safe to eat.

The former Louisiana Cabinet Official who is under scrutiny is Robert Barham. He does not agree with the auditors’ suggestions that the work that his office did on the fish testing project was shoddy. Barham says that the testing was conducted thoroughly and that his office did everything that they needed to do to examine whether the fish was safe to eat before the office declared that it is. The Louisiana Legislative Auditor’s Office is conducting an investigation into the matter. The Auditor’s Office claims that there was an insufficient sampling of fish to determine whether it is safe to eat. The Auditor’s office also asserts that Barham’s office engaged in excessive spending, and the acquisition of property that was purchased during the project but has since gone missing. The auditors claim that the fish testing program, which had been given ten and a half million dollars, had been so mismanaged that it is not even possible to determine with any degree of certainty whether the seafood in the Gulf is, in fact, safe to eat right now. The auditors also claim that Barham’s office spent money freely and with little oversight, and made questionable purchases.

BP had also questioned how the money was spent as well as the level of testing that was done. The company thought that more testing would be done, based on information that Barham’s office had provided in support of the purchase of a boat. Barham denied that the energy company had objected to the equipment that his office purchased. He also emphasizes that the money came from BP, and not from taxpayers.

Barrett Law PLLC:  BP Oil Spill Attorneys Representing Oil Spill Victims Across Mississippi

The BP oil spill caused a lot of economic damage to the Gulf Coast and throughout the state. Although the economic activities associated with the Coast are beginning to return, the damage was so great that the effects of it are still being felt today. If you suffered economic damage as the result of the oil spill, the Mississippi BP Oil Spill Attorneys at Barrett Law PLLC might be able to help you.  Our experienced and dedicated BP Oil Spill attorneys have assisted many oil spill victims, and we are here to help you.  Call Barrett Law PLLC today at 1 (800) 707-9577, to schedule an initial consultation at no cost to you.

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Mississippi BP Oil Spill Attorneys Discuss Plans for Settlement Funds

Now that a $750 million settlement has been made available for areas of Mississippi that were affected by the 2010 Deepwater Horizon explosion and oil spill, Mississippi legislators are having difficulty agreeing on what to do with the money. The issue of how the money should be divided up is sure to be a major topic during the 2017 legislative session. Some legislators believe that all of the funds should be spent on coastal areas, as those were the places that were hardest hit by the disaster. Others would like to see some of the money go to the central and northern parts of the state, in addition to the coast.

The state of Mississippi received the first $150 million of the settlement in late June. When the money came in, the Legislature committed about $46 million of it for projects on the Gulf Coast, much of which will take place at the University of Southern Mississippi and Gulf Coast Community College. Proponents of an approach that would share some of the funds with other parts of the state say that those areas also lost sales tax revenue and experienced other economic consequences as the result of the oil spill, albeit not to the same extent as the coastal communities.

There are all kinds of other views on how the money should be spent, including that it’s not possible to make any kind of decision about that yet. The $750 million economic damages settlement is one part of the $2.2 billion dollar total settlement that was negotiated with BP. Much of the money from the general settlement is being used for rehabilitation projects along the Gulf Coast.

If Mississippi needs other ideas to consider regarding how to allocate the settlement funds, it can look to its neighbor to the east. Alabama lawmakers have approved a compromise plan to spend much of that state’s $1 billion BP oil spill settlement on highway infrastructure, Medicaid, and retiring state debt in two its Gulf Coast counties. The plan that Alabama has made for its settlement money could serve as a template for how Mississippi lawmakers could choose to spend that state’s BP settlement funds. It will be interesting to see how the state decides to distribute its BP oil spill settlement money if the powers that be can ever agree on how to spend it.

Barrett Law PLLC:  BP Oil Spill Attorneys Helping Mississippi Oil Spill Victims

The BP oil spill caused a lot of economic damage to the Gulf Coast and throughout the state. If you have suffered economic damage as the result of the oil spill, the Mississippi BP Oil Spill Attorneys at Barrett Law PLLC may be able to help you.  Our experienced attorneys have assisted many oil spill victims, and we are here to help you.  Call the compassionate and dedicated oil spill attorneys at Barrett Law PLLC today at 1 (800) 707-9577, to schedule your free, initial consultation.

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Mississippi BP Oil Spill Attorneys Discuss Possible Effects of Oil Spill on Fertility

The BP oil spill in April of 2010 was an unusual event that piqued the curiosity of the residents of coastal communities. The spill was all over the news, but the beaches remained open, so curious people could get as close as they wanted to to the oily water. Some of the people that went to look at the beach even went in the water. Most people who went to look at the oil spill walked along the beach, surveying the damage from what they thought was a safe distance. They were not thinking about whether the oil spill posed a threat to their health. Oil does have a profound effect on human and environmental health, so it is a good thing that the beaches eventually closed, and people were prohibited from going near them.

The environmental and economic effects of the BP oil spill were disastrous and far-reaching. Some of the people who suffered effects from the spill are the people who walked on the beaches or swam in the water after the spill. Some of those people have experienced illnesses or injuries because of their exposure to oil and oil spill cleanup agents. The health effects include respiratory ailments, rashes, fertility problems, and other ailments. Some of the children born to women who were able to conceive after being exposed to the oil were born with respiratory issues, skin sensitivities, and other health concerns. Research on the health effects of petroleum hydrocarbons does indicate that exposure to those substances increases the risk of spontaneous abortion in women and poor semen quality in exposed men. Unfortunately, the health effects that the people who live in the area of the oil spill are suffering are sometimes difficult to link directly to oil exposure. This means that many of the claims for damages that were filed by people who got sick, who had children that were born sick, or who had fertility issues after the oil spill were denied.

Barrett Law PLLC:  BP Oil Spill Attorneys Helping Mississippi Oil Spill Victims

The BP oil spill caused a lot of damage to the Gulf Coast, and people have suffered various injuries and losses. If you got hurt or sick, or a family member died because of the BP oil spill and you have not yet received compensation, the Mississippi BP Oil Spill Attorneys at Barrett Law PLLC may be able to help you.  Our experienced attorneys have assisted many oil spill victims, and we are here to help you.  Call the compassionate and dedicated Mississippi Oil Spill Attorneys at Barrett Law PLLC today at 1 (800) 707-9577, to schedule your free, initial consultation.

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Federal Court Forces Business to Pay Restitution of Claim Recovery to BP

While this blog discusses a multitude of issues regarding the right of businesses to damages resulting from economic loss associated with the BP Gulf Oil Spill in 2010, businesses also need to be aware that illegitimate claims can have serious adverse consequences.  When a fraudulent claim is asserted, the potential exists for both criminal and civil penalties.  The most common form of fraudulent claim in this context involves misrepresentation of the revenue generated by a business prior to and after the Deepwater Horizon explosion.

A federal judge has required Vision Design Management, which is a small family business, to pay restitution in the amount of $2.1 million in claim money.  The business filed a claim with the BP settlement fund based on a purported gross income of $821,462 approximately one year prior to the ecological and economic disaster.  However, evidence presented in support of a motion for return of the money which was filed by an oil spill claims administrator for BP revealed that the claim was “nearly entirely based on fraud” according to the judge.

The Deepwater Horizon Economic Claims Center contended that the money represented as income by the consulting business that made the claim was not income at all.  The judge found the evidence established that $773,000 of the purported income for the business was provided as part of a construction loan borrowed by another business owned by the claimants.  According to the court, the funds were not income but rather a “pass through” of payments for the affiliated company’s construction project.

Based on this analysis of the claimed revenue lost by Vision Design Management, the court found that the entire amount of the company’s claim had to be returned.  The court pointed out that 92 percent of the alleged revenue was a fiction, so full restitution of the amount received in settlement needed to be disgorged from the consulting business.

Despite these findings, the small business owners maintained that their losses were genuine.  The husband member of the husband-wife ownership team indicated that “Vision Design Management was formed in 2007 and was profitable, and [we] worked very hard to make a good business.  The oil spill stopped it!”

The massive BP oil spill resulting from the Deepwater Horizon explosion in 2010 caused 11 deaths and catastrophic economic and environmental damage.  The spill sent millions of gallons of oil spewing into the Gulf for months.  The economic toll exacted by this tragedy adversely impacted the business earnings of many companies throughout the gulf-states region.  While businesses that had their revenue adversely affected by the BP ecological disaster can submit claims for compensation, this case demonstrates the importance of legal representation to ensure your financial information is persuasive.  Although the settlement fund is designed to reimburse those harmed by the spill, claims often are met with denials.

Our Mississippi BP Oil Spill Attorneys recognize the enormous financial impact of this tragedy, and we are committed to pursuing the fullest compensation for our clients.  At Barrett Law, PLLC, we are here to help.  Contact our firm today at 800.707.9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

 

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Businesses Need Not Prove “Actual Damages” for Recovery Related to BP Oil Spill

Regardless of the sector of the economy in which your Gulf Coast business operates, you probably have heard plenty about the impact of the BP oil spill and oil rig explosion.  The environmental disaster resulting from the explosion of the PB Deepwater Horizon offshore oil rig, which resulted in eleven fatalities, caused the most massive oil spill in the history of petroleum extraction.  The consequences to the Gulf Coast after the oil rig sank involved devastating effects on the environment, wildlife, and the economic health of the region.  The impact was exacerbated by the staggering 87 days required to stem the glut of oil flowing into the Gulf of Mexico.

Investigations conducted by multiple organizations following the oil spill concluded that BP engaged in a pattern of ill-advised cost-cutting practices that promoted an unsafe environment leading to the tragic spill.  BP recognized that its survival was dependent on taking remedial action to mitigate the impact of its irresponsible conduct and public relations nightmare, so it established the Gulf Coast Claims Facility (GCCF).  The $20 billion fund was established to cover claims filed related to the Deepwater Horizon spill.  Approximately $6.2 billion was distributed from the fund to settle claims accepted from August 2010 until July 2012 after which the fund was replaced by a court-supervised settlement program.

Some Gulf Coast businesses owners are unaware that the formula used by the BP settlement agreement permits payment to claimants without proof of “actual damages.”  BP filed a motion requesting a court to permit the company to cease making payments on thousands of claims, but the request was denied in July 2013.  Although the requirement to pay the claims was self-imposed under a settlement agreement drafted by BP, the company appealed the denial of its motion to discontinue payments to the Fifth Circuit Court of Appeals.  However, BP’s request was denied because the 5th Circuit upheld the lower court finding that the settlement agreement did not impose a duty to prove direct harm from the spill to recover under the terms of the BP settlement agreement.

There are two important takeaways from this litigation for potential BP claimants.  Ambiguous terms or provisions in the BP settlement agreement generally will be construed against the company because it drafted the agreement.  Further, businesses in Mississippi and throughout the Gulf Coast region might have a claim for compensation from the BP fund.  While not all businesses will have a viable claim, our Mississippi BP oil spill claim lawyers are currently evaluating the rights of those adversely affected to determine their legal right to financial compensation.

Our Mississippi BP oil spill law firm recognizes the enormous financial impact of this tragedy, and we are committed to pursuing the fullest compensation for our clients.  At Barrett Law, our Mississippi BP Oil Spill Attorneys are here to help.  Contact our firm today at 800.707.9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

 

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