Fraud Investigation Robert George Feiss

Tallahassee, Fla. – The Leon County Sheriff’s office is releasing more information involving Robert George Feiss, a man arrested after a fraud investigation involving the Chaires Capitola Little League.

http://liarcatchers.com/fraud_investigation.html

Detectives say that an investigation shows Feiss sold several fictitious certificates.

In December of 2011, Feiss allegedly sold fake bank CD’s to a 94-year-old man for $224,000. An elderly couple also purchased their bank CD’s from him for $500,000. Those funds were deposited in the Chaires Capitiola Little League account and Feiss would sign the checks over to himself or transfer them somewhere else

Sheriff Larry Campbell, of the Leon County Sheriff’s office says, “I’m glad the detectives continued to work diligently as this investigation progressed, but we are all deeply saddened to learn that one man could have taken so much from our senior citizens.”

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pedophile tracking HIV-positive pedophile wants to live with kids

Lawyers for John Thomas McPake have told the District Court the adults in that NSW house – the children’s parents and grandmother – “have no concerns” about him staying there.

http://liarcatchers.com/pedophile_tracking.html

McPake, 55, of Woodville Park, has yet to plead to two counts of endangering life, two counts of unlawful sexual intercourse, and one count each of committing and procuring an act of gross indecency.

He is jointly charged with Daniel Mark Jorgensen, 42, of Ottoway, who is yet to plead to nine counts of unlawful sexual intercourse, one count of indecent assault and one count of committing an act of gross indecency.

Other charges include two counts of aiding, abetting or counselling an act of unlawful sexual intercourse.

Court documents allege the offences occurred between April 30 and May 23, 2011. Prosecutors will further allege McPake was HIV positive at the time.

Today David Stokes, for McPake, said his client wanted to move to NSW and live with his twin sister.

“The proposed residence has children in it, small children,” he said.

“The sister has her son and daughter-in-law living with her, and they have one young child and another on the way.

“She is also looking after two of her grandchildren while their parents are travelling… all the children are under five.”

He said prosecutors had already flagged their objection to the request.

“It’s understandable they have some concerns,” he said.

“The fact there would be young children living in the house with McPake, however, is not a concern to the adults living there.”

Mr Stokes asked the court arrange a video link with Sydney so McPake’s sister could give evidence about the proposed arrangement.

Judge Mark Griffin agreed, remanding McPake on his existing bail conditions until next week.

“It might be advisable if some inquiries are made as to alternative living arrangements, with persons who don’t have children, in the meantime,” he said.

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electronic surveillance New rules pertaining to GPS devices

(Updates with comments from justices starting in third paragraph.)

Jan. 23 (Bloomberg) — The U.S. Supreme Court put new limits on the power of police to track criminal suspects’ cars using GPS signals, ruling for the first time on the constitutional implications of the increasingly common devices.

http://liarcatchers.com/electronic_surveillance.html

Today’s decision addresses the unprecedented power technology is giving police to peer into Americans’ day-to-day activities.

The justices unanimously overturned the drug conviction of Antoine Jones, while splintering in their reasoning. Writing for the five-justice majority, Justice Antonin Scalia said police officers “encroached on a protected area” when they attached a global-positioning system device to Jones’ car without a valid warrant.

Other justices used more sweeping reasoning, saying police might violate the constitutional ban on unreasonable searches even when they obtain GPS signals without having to attach a device to a car. With vehicles increasingly coming pre-equipped with GPS technology, officers might not need to attach an additional device in many future cases.

“Awareness that the government may be watching chills associational and expressive freedoms,” Justice Sonia Sotomayor wrote in a concurring opinion. “And the government’s unrestrained power to assemble data that reveal private aspects of identity is susceptible to abuse.”

Length of Time

In another concurring opinion, Justice Samuel Alito and three other justices said the key might be the length of time officers use GPS information to monitor a suspect without a warrant.

Jones, now 51, owned a nightclub in Washington, where prosecutors say he ran a narcotics trafficking organization. The GPS device, placed in the car while it was in a Maryland parking lot, was one facet of an investigation by local and federal authorities that also included visual surveillance and a wiretap on Jones’s mobile phone.

Investigators eventually were able to tie Jones to a suspected drug stash house. Jones was arrested and convicted in federal court of conspiracy to distribute cocaine. He was serving a life sentence.

The Supreme Court in 1983 upheld the use of a beeper placed on a car to track a suspect during a single trip. The question in the latest case was whether the Constitution’s Fourth Amendment lets police use GPS devices continuously over longer periods without first going to a judge. Lower courts were divided on the issue.

The Obama administration urged the high court not to require a warrant for GPS use, calling it a minimally intrusive step that yields important results in drug and terrorism cases. To obtain a warrant, officers must show a judge that they have “probable cause” to believe the search will lead to evidence of a crime.

The case is United States v. Jones, 10-1259.

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Identity theft avoidance from IRS

Identity theft often starts outside of the tax administration system when someone’s personal information is stolen or lost. Identity thieves may then use a taxpayer’s identity to fraudulently file a tax return and claim a refund. In other cases, the identity thief uses the taxpayer’s personal information in order to get a job. The legitimate taxpayer may be unaware that anything has happened until they file their return later in the filing season and discover two returns have been filed using the same Social Security number.

These are the IRS’ top tips to help you avoid becoming the victim of an identity thief.

1) The IRS does not initiate contact with taxpayers by email to request personal or financial information. The IRS does not send emails stating you are being electronically audited or that you are getting a refund.

2) If you receive a scam email claiming to be from the IRS, forward it to the IRS at phishing@irs.gov.

3) Identity thieves access your personal information by many different means, including:

– Stealing your wallet or purse
– Posing as someone who needs information about you through a phone call or email
– Looking through your trash for personal information
– Accessing information you provide to an unsecured Internet site.

4) If you discover a website that claims to be the IRS but does not begin with ‘www.irs.gov’, forward that link to the IRS at phishing@irs.gov.

5) To learn how to identify a secure website, visit the Federal Trade Commission’s website.

http://liarcatchers.com/identity_theft_investigation.html

6) If your SSN is stolen, another individual may use it to get a job. That person’s employer may report income earned by them to the IRS using your SSN, thus making it appear you did not report all of your income on your tax return.

When this occurs, you should contact the IRS to show the income is not yours. After the IRS authenticates who you are, your tax record will be updated to reflect only your information. The IRS will use this information to minimize future occurrences.

7) Your identity may have been stolen if a letter from the IRS indicates more than one tax return was filed for you or the letter states you received wages from an employer you don’t know. If you receive such a letter from the IRS, leading you to believe your identity has been stolen, respond immediately to the name, address or phone number on the IRS notice. If you believe the notice is not from the IRS, contact the IRS to determine if the letter is a legitimate IRS notice.

8) If your tax records are not currently affected by identity theft, but you believe you may be at risk due to a lost wallet, questionable credit card activity, or credit report, you need to provide the IRS with proof of your identity. You should submit a copy of your valid government-issued identification, such as a Social Security card, driver’s license or passport, along with a copy of a police report and/or a completed IRS Form 14039, Identity Theft Affidavit, which should be faxed to the IRS at 978-684-4542. Please be sure to write clearly.

As an option, you can also contact the IRS Identity Protection Specialized Unit, toll-free at 800-908-4490. IPSU hours of Operation: Monday – Friday, 7:00 a.m. – 7:00 p.m. your local time (Alaska & Hawaii follow Pacific Time).

You should also follow FTC’s guidance for reporting identity theft

9) Show your Social Security card to your employer when you start a job or to your financial institution for tax reporting purposes. Do not routinely carry your card or other documents that display your SSN.

10) For more information about identity theft, including information about how to report identity theft, phishing and related fraudulent activity, visit the IRS Identity Theft Protection page, which you can find by searching identity theft on the IRS.gov home page.

11) IRS impersonation schemes flourish during tax season and can take the form of email, websites, even tweets. Scammers may also use a phone or fax to reach their victims. If you receive a paper letter or notice via mail claiming to be the IRS but you suspect it is a scam, check the IRS phishing page at IRS.gov/phishing to determine if it is a legitimate IRS notice or letter. If it is a legitimate IRS notice or letter, reply if needed. If the caller or party that sent the paper letter is not legitimate, contact the Treasury Inspector General for Tax Administration at 800-366-4484. You may also fax the notice/letter you received plus any related or supporting information to TIGTA. Note: This is not a toll-free FAX number 202-927-7018.

12) While preparing your tax return for electronic filing, make sure to use a strong password to protect the data file. Once your return has been e-filed, save the file to a CD or flash drive and then delete the personal return information from your hard drive. Store the CD or flash drive in a safe place, such as a lock box or safe. If working with an accountant, you should query them on what measures they take to protect your information.

13) If you have information about the identity thief that impacted your personal information negatively, file an online complaint with the Internet Crime Complaint Center. The IC3 gives victims of cyber crime a convenient and easy-to-use reporting mechanism that alerts authorities of suspected criminal or civil violations. IC3 sends every complaint to one or more law enforcement or regulatory agencies that have jurisdiction over the matter.

Remember that all of the web page addresses for the official IRS website, IRS.gov, begin with http://www.irs.gov. Don’t be confused or misled by Internet sites that end in .com, .net, .org or other designations instead of .gov. The address of the official IRS governmental Web site is http://www.irs.gov/.

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fraud investigation tenancy fraud in social housing

A fifth of council tenancies across the UK have been found to hold “indications of fraud” following a number of privately led investigations to tackle the growing problem.

It has been suggested that around 160,000 social housing tenants in London alone have been cheating the system, subletting their properties and making millions of pounds at the taxpayer’s expense. The scams include individuals taking out mortgages or credit at other addresses whilst claiming against the benefits system.

http://liarcatchers.com/fraud_investigation.html

Housing minister Grant Shapps warned the scale of tenancy fraud may be even larger than expected.

“It is completely unacceptable for housing cheats to get a home they don’t need at massively subsidised rates, only to rent it out at market rates and pocket the difference,” he said.

“Social housing fraud has become big business, ignored for far too long.”

The government’s recent estimate on fraudulent council tenancies has been placed at 1 per cent; suggesting over 50,000 tenants in the UK are committing fraud.

In a bid to tackle the issue, the government committed to spending £19m through local council initiatives to improve the housing system. However, recent evidence under a HJK investigation indicated some councils had not spent a penny on tackling the problem.

Howard Kleinberg, director of HJK Investigations, the housing fraud specialist which carried out the research, said: “If this problem was taken more seriously, it could make a significant dent in the council house waiting list.

“But it will never happen, because of the bureaucracy and the way money gets lost in the chain of officialdom.”

HJK, which works for councils and housing associations, performed the “data-matching” exercise with the 27,000 tenants using legal, publicly-held databases such as credit reference agencies and the Land Registry.

In 2,120 cases, 8 per cent of the total, HJK found “red” indicators of fraud, where the registered tenant had a mortgage, bank account, active credit or utility bills at another residential address, the Telegraph reported.

In 3,180 cases, 12 per cent of the total, they found “amber” indicators of fraud – active credit, bank accounts, Sky TV or utility bill records held by a person with a different surname at the tenancy address, but no such activity there by the registered tenant.

It is estimated that there are 1.8 million households on the waiting list for housing.

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fraud investigation 953 Dead People voted in South Carolina?

Already, there has been some question into folks who cast their ballots on Saturday.
South Carolina’s Attorney General, Alan Wilson has notified the U.S. Justice Department of potential voter fraud.

http://liarcatchers.com/fraud_investigation.html
Wilson says an analysis found 953 ballots cast by voters were people who are listed as dead.
He has asked the State Law Enforcement Division to investigate.

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Identity theft Zachary Edwards arrested

Des Moines, IOWA — Today, Friday, January 20, 2012, Zachary Edwards, age 29, from Des Moines, Iowa, was arrested and criminally charged with Identity Theft, an Aggravated Misdemeanor (Iowa Code 715A.8(2)). Edwards turned himself in to Iowa Division of Criminal Investigation (DCI) agents this afternoon at the Polk County Jail. He was then booked into the jail with a set bail of $2,000, cash or surety.

http://liarcatchers.com/identity_theft_investigation.html

According to the Criminal Complaint, on June 24, 2011, Edwards fraudulently used, or attempted to use, the identity of Iowa Secretary of State Matt Schultz and/or Secretary Schultz’s brother, Thomas Schultz, with the intent to obtain a benefit, in an alleged scheme to falsely implicate Secretary Schultz in perceived illegal or unethical behavior while in office.

Criminal Complaint

If convicted, Edwards faces a maximum penalty of two years in prison, and a maximum fine of $6,250. A criminal allegation is merely an accusation and any suspect is presumed innocent until and unless proven guilty.

The Iowa Secretary of State’s Office discovered the alleged scheme on June 24, 2011 and subsequently reported the information to authorities. DCI continues to investigate the incident, and the case is being prosecuted by the Polk County Attorney’s Office. Any questions should be directed to the Polk County Attorney’s Office at 515-286-3737.

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Child custody Investigations Kilgore vs Kilgore example

THOMAS, Judge.
Robert Kilgore, Jr. (“the father”), appeals from a judgment of the Limestone Circuit Court granting the counterpetition for a modification of custody filed by Kimberly P. Kilgore (“the mother”) and awarding the mother sole physical custody of the parties’ daughter (“the child”).
The parties were divorced in November 2009. Pursuant to a settlement agreement entered into by the parties, the divorce judgment awarded the parties joint physical and legal custody of the child, with the parties alternating physical custody weekly on a Wednesday to Wednesday schedule. On June 27, 2010, the father filed a motion for contempt and a petition for a modification of custody seeking sole physical custody of the child and alleging that the mother had been entertaining overnight visitors of the opposite sex that she had met on the Internet. The father filed a motion for pendente lite custody of the child on September 27, 2010, which the trial court granted on October 29, 2010.1

http://liarcatchers.com/custody_investigations.html

On November 2, 2010, the mother answered the father’s petition for a modification of custody and the motion for contempt and counterpetitioned for a modification of custody, seeking sole physical custody of the child and child support. In her counterpetition, the mother alleged that she had become primarily responsible for the child’s care because, she said, the father’s work schedule required him to deliver the child to her house several mornings per week during his custodial periods, which, she asserted, was interfering with the child’s “emotional well being and her ability to benefit from school.” Additionally, that same day, the mother filed a motion to set aside the pendente lite custody award of the child to the father, because, she said, she had not been served with notice of the pendente lite hearing. The trial court initially denied the mother’s motion to set aside the pendente lite custody award on November 8, 2010; however, on December 1, 2010, after conducting a hearing on the mother’s motion to set aside the pendente lite custody order, the trial court set aside that order.
The trial court conducted an ore tenus hearing regarding the parties’ petitions for modification of custody and the father’s motion for contempt. The mother testified that the father lived in Ardmore, Tennessee, in a home about two-and-a-half to three miles from her residence and that, during his custodial periods, he had been delivering the child to her home around 4 a.m. two to three days per week since the divorce in November 2009. The mother further testified that the father had stopped delivering the child to her home in the early morning hours since he had had his brother and subsequently his mother (“the paternal grandmother”) move into his residence to assist with the child during his weekly custodial periods. The mother testified that she did not care for the paternal grandmother because, she said, she had witnessed the paternal grandmother “scream” at her other grandchild and that the father had stated to her during the parties’ marriage that the paternal grandmother took pills. She further testified that she did not want the child around the paternal grandmother, but she did not state any specific reason why the paternal grandmother would not be an adequate caretaker for the child.
The mother testified that she had not had overnight visitors during the time the child was in her custody. She further testified that Stacy Cooper, her current boyfriend, had a good relationship with the child. Cooper testified that the he had never stayed overnight at the mother’s house when the child was present and that the child and the mother had never stayed overnight at his residence. Tony Culberson, a private investigator, testified that the father had hired him and that, during his six-month investigation, he had not witnessed any overnight visitors at the mother’s residence.
The father testified that he had been employed at a plant in Decatur for 10 or 11 years and that he worked 40 hours per week and roughly 60 or 70 hours per week during “shutdowns,” which, he said, occur about 4 weeks per year. He testified that, during his custodial periods, he had delivered the child to the mother’s house two to three days per week in the early morning hours before having his brother and then the paternal grandmother move into his residence to assist him in caring for the child. The father testified that the one-week joint-physical-custody arrangement generally works but that “[b]ecause of holidays and other issues, [the parties] have to work around things to make it work for both [parties].”
The paternal grandmother testified that she had a good relationship with the child, although, she said, she had just become “close” with the child in the time since she had moved into the father’s home. She testified that the child is “a little quiet” after returning to the father’s home after an exchange of custody.
The only additional witness to testify was Jaquata Thompson, the child’s preschool teacher. She testified that she knew the mother and the father and that she had had equal contact with the parties.
On May 25, 2011, the trial court entered a judgment finding that a change in circumstances had occurred, awarding the mother sole physical custody of the child, awarding the father visitation, and denying the father’s motion for contempt. In its judgment, the trial court awarded the mother monthly child support in the amount of $597.
The mother filed a postjudgment motion styled as a “Motion to Reconsider Child Support” on June 22, 2011. On June 27, 2011, the father filed a motion asking the trial court to alter, amend, or vacate its judgment. In response to the father’s postjudgment motion, the mother filed a motion to dismiss the motion as untimely. The father’s postjudgment motion was untimely because his motion was filed more than 30 days from the entry of the final judgment. See Rule 59(e), Ala. R. Civ. P. Subsequently, the father filed a timely notice of appeal to this court on July 6, 2011. The mother’s postjudgment motion was denied by operation of law on September 20, 2011, see Rule 59.1, Ala. R. Civ. P., and the father’s notice of appeal, which had been held in abeyance pending a ruling on the mother’s postjudgment motion, became effective on that date. See Rule 4(a)(5), Ala. R. App. P.2
We review the father’s claim that the trial court erred in finding a change in circumstances and modifying custody of the child after hearing ore tenus testimony under the following standard of review. “`[W]hen a trial court hears ore tenus testimony, its findings on disputed facts are presumed correct and its judgment based on those findings will not be reversed unless the judgment is palpably erroneous or manifestly unjust.'” Fadalla v. Fadalla, 929 So.2d 429, 433 (Ala. 2005) (quoting Philpot v. State, 843 So.2d 122, 125 (Ala. 2002)). “This presumption is based on the trial court’s unique position to directly observe the witnesses and to assess their demeanor and credibility.” Ex parte Fann, 810 So.2d 631, 633 (Ala. 2001).
“`”[T]he trial court is in the better position to consider all of the evidence, as well as the many inferences that may be drawn from that evidence, and to decide the issue of custody.”‘ Ex parte Patronas, 693 So.2d 473, 475 (Ala. 1997) (quoting Ex parte Bryowsky, 676 So. 2d [1322] at 1326 [(Ala. 1996)]). `Thus, appellate review of a judgment modifying custody when the evidence was presented ore tenus is limited to determining whether there was sufficient evidence to support the trial court’s judgment.’ Cheek v. Dyess, 1 So.3d 1025, 1029 (Ala. Civ. App. 2007) (citing Ex parte Patronas) (emphasis added). Under the ore tenus rule, where the conclusion of the trial court is so opposed to the weight of the evidence that the variable factors of a witness’s demeanor and credibility and the inferences that can be drawn from the evidence, even after considering those factors, `”`could not reasonably substantiate it, then the conclusion is clearly erroneous and must be reversed.'”‘ Cheek, 1 So. 3d at 1029 (quoting B.J.N. v. P.D., 742 So.2d 1270, 1274 (Ala. Civ. App. 1999), quoting in turn Jacoby v. Bell, 370 So.2d 278, 280 (Ala. 1979) (emphasis added)).”
Ex parte Blackstock, 47 So.3d 801, 805-06 (Ala. 2009).
On appeal, the father argues that the trial court erred in determining that there had been a material change in circumstances affecting the best interests of the child since the time of the divorce such that it was in the child’s best interest to award the mother sole physical custody because, he says, the mother failed to present evidence indicating a material change in circumstances. In essence, the father challenges the sufficiency of the evidence.
It is well settled that
“[w]here, as in the present case, there is a prior judgment awarding joint physical custody, `”the best interests of the child”` standard applies in any subsequent custody-modification proceeding. Ex parte Johnson, 673 So.2d 410, 413 (Ala. 1994) (quoting Ex parte Couch, 521 So.2d 987, 989 (Ala. 1988)). To justify a modification of a preexisting judgment awarding custody, the petitioner must demonstrate that there has been a material change of circumstances since that judgment was entered and that `”it [is] in the [child’s] best interests that the [judgment] be modified”` in the manner requested. Nave v. Nave, 942 So.2d 372, 376 (Ala. Civ. App. 2005) (quoting Means v. Means, 512 So.2d 1386, 1388 (Ala. Civ. App. 1987)).”
Ex parte Blackstock, 47 So. 3d at 804-05.
In the present case, the trial court determined that there had been a material change in circumstances. Specifically, the judgment states, in pertinent part:
“The child is now six years of age and is experiencing some difficulties with regard to the shared custody whereby the parties exchange the child week to week to accomplish the Orders herein.

“It is ORDERED by the Court that the best interests of the parties’ minor child is hereby determined to be joint legal custody awarded to the parties hereto, and sole physical custody of said minor child is awarded to the [mother].”
Our review of the record convinces us that the father’s contention that the mother failed to establish that there had been a material change in circumstances affecting the best interests of the child is correct. The only evidence presented at trial that supports the trial court’s finding that there had been a material change in circumstances because the child is “experiencing difficulties” with the joint-physical-custody arrangement was the mother’s and the paternal grandmother’s testimony that the child was “quiet” after the weekly custody exchanges. Neither the mother nor the paternal grandmother testified that the child had any other issues regarding the parties’ exercising joint physical custody, and neither expounded on why the child’s “quiet” demeanor was unusual. More specifically, in response to questioning whether the weekly custody exchanges were “hard” on the child, the mother testified:
“I think it’s hard on her. I think she enjoys being with [the father] and being with me, but I do think that — I mean, it would be hard on me. And she’s six. And I mean, just the workings of her little brain, I guess she just doesn’t understand the — you know, the why behind everything because she’s six.
“And so, she just does. She just, you know, knows that me and daddy have to share her and this is the way things are. But I do think, you know, it just takes — I’m sure she has to get readjusted to [the father’s] house the same way she gets readjusted to my house. Whenever she comes from his house, you know, she’s quiet, like she had testified earlier to. That, you know, if you ask, you know, what did you do at [the father’s] house she’s just kind of quiet and, you know, like she doesn’t want to talk about it. So I don’t press her.”
The mother’s testimony is speculative at best. Further, the mere mention of behavior such as being “quiet” after a custody exchange and having to readjust to each parent’s house, which are natural occurrences following a divorce, without more specific explanation does not indicate that the arrangement is disruptive or that the child is “having difficulties.”
In Watters v. Watters, 918 So.2d 913 (Ala. Civ. App. 2005), this court reversed a judgment of the trial court by determining that the evidence failed to indicate that there had been a material change in circumstances warranting a change in the parties’ mutually agreed upon joint custodial arrangement. In Watters, the mother testified that she thought the week-to-week custody arrangement was disruptive to the child and that she had noticed behavioral problems in the child since the divorce, but the mother failed to specifically state what behavioral issues the child had been exhibiting. Id. at 915.
Like the mother in Watters, the mother in this case failed to specifically state any reason why the agreed-upon joint-custody agreement was disruptive and testified only generally that the joint-physical-custody arrangement was “hard on the child” and that the child was “quiet” and had to “readjust” after the exchanges. Moreover, in her counterpetition for a modification of custody, the mother alleged that there had been a change in circumstances because the father had been delivering the child to the mother’s house in the early morning hours, which, she contended, was interfering with the child’s “emotional well being and her ability to benefit from school.” However, the mother and the father testified that the father had ceased delivering the child to the mother’s house months before the hearing. Additionally, the record is devoid of any evidence indicating that the custody exchanges were affecting the child’s well-being. Thus, we conclude that the mother failed to meet her burden of proving that a change in circumstances affecting the child’s best interests had occurred since the time of the divorce sufficient to warrant a modification of custody in this case. Means v. Means, 512 So.2d 1386, 1388 (Ala. Civ. App. 1987).
In her appellate brief, the mother contends that this court cannot reverse the judgment of the trial court because, she says, the father invited any error by the trial court in modifying custody by initiating the proceedings by filing a petition for a modification of custody “conceding that the joint custody arrangement was not working.” This argument is without merit. The father’s petition for a modification of custody alleged that, during her custodial periods, the mother had been entertaining overnight visitors of the opposite sex whom she had met on the Internet. The evidence presented at the hearing did not support the father’s contention, and, thus, the fact that the father had filed a petition for a modification of custody on a completely separate ground than the grounds asserted in the mother’s counterpetition cannot be considered a basis for holding that the father’s actions invited any error.
Additionally, in her appellate brief the mother argues that there has been a material change in circumstances as a matter of law because, she says, the father relocated to the state of Tennessee after the entry of the divorce judgment. We note that the mother is correct in stating that, pursuant to § 30-3-169.4, Ala. Code 1975, “a change in the principal residence of the child is `presumed not to be in the best interest of [the] child [and] is necessarily a material change’ when that relocation is to a location that is more than 60 miles away or across state lines.” McElheny v. Peplinski, 66 So.3d 274, 281 (Ala. Civ. App. 2010) (quoting Marsh v. Smith, 37 So.3d 174, 178 (Ala. Civ. App. 2009)). However, the mother failed to argue, or to present evidence to the trial court indicating, that the father’s relocation to Tennessee was a ground for finding a material change in circumstances affecting the best interests of the child. The evidence indicated only that the father resided in Tennessee at the time of the hearing; the record contains no testimony establishing that the father had moved to Tennessee after the entry of the divorce judgment, and the only testimony presented regarding any move by either party established that the mother had moved two times since the entry of the divorce judgment. Because the mother failed to argue that the father had relocated to a different state and failed to present evidence indicating that he had relocated since the entry of the divorce judgment, we cannot consider the father’s alleged relocation to Tennessee as a ground supporting the trial court’s finding that a material change in circumstances had occurred since the time of the parties’ divorce.
Accordingly, because we conclude that the mother failed to present evidence indicating that “a change in circumstances ha[d] occurred such that it was in the child’s best interests that the [judgment] be modified to transfer [sole] physical custody,” Means, 512 So. 2d at 1388, we reverse the judgment of the trial court granting the mother’s counterpetition for a modification of custody and awarding the mother sole physical custody of the child, and we remand this cause to the trial court for entry of a judgment consistent with this opinion.
We deny both the mother’s and the father’s request for an award of attorney fees on appeal.
REVERSED AND REMANDED.
Thompson, P.J., and Pittman and Bryan, JJ., concur.
Moore, J., concurs in the result, without writing.

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executive protection Body guard who shot american

The bodyguard of a high-ranking military official was sent to Phnom Penh Municipal Court yesterday after he allegedly shot an American man on Saturday while escorting his superior.

http://liarcatchers.com/executive_protection.html

Capital police chief Chuon Narin identified the bodyguard as 30-year-old Kheng Sarath, who surrendered himself to authorities on Saturday. However, the name of the high-ranking military official, who works at the Ministry of National Defence, remains unknown.

“Kheng Sarath turned himself in to the police after he shot a foreigner,” the police chief said.

He said the suspect was with his superior, driving down Norodom Boulevard at about 1:30am on Saturday morning, when the 24-year-old victim was crossing the street. The victim, who the police chief claimed was drunk, allegedly struck their vehicle with a stick.

He added that Kheng Sarath then exited the vehicle and fired his gun at the ground with the intention of frightening the victim, but the bullet ricocheted and struck the young man in the buttocks.

Sean MacIntosh, spokesman for the US embassy in Phnom Penh, said yesterday that consular officials are investigating the case.

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Identity theft medicare recipients are target watch out

The Better Business Bureau is warning about an identity theft scam targeting Medicare recipients.

The agency said the latest fraud attempt involves calling Medicare consumers. The caller states that they want to send the consumer a “new Medicare card”. They then go over the consumer’s personal information and eventually ask for a checking account number.

http://liarcatchers.com/identity_theft_investigation.html

The Better Business Bureau said this is not a legitimate phone call.

“We don’t contact the consumer regarding new cards; the consumer would need to contact us,” Medicare officials said.

Consumers are advised to follow these tips:

Verify a source before sharing information.
Safeguard your medical and health insurance information.
Treat your trash carefully.

Victims are asked to report the crime to Office Inspector General (OIG) with Medicare. Their hotline is 1-800-447-8477. Or contact the BBB office at 1-800-856-2417.

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