Loren Molever, Attorney At Law, PLLC

As the end of the first year of my solo practice concludes, I have been fortunate to be busier than ever, helping clients navagate the legal system.

01/26/2024

Total bankruptcy filings rose 16.8 percent, with significant increases in both business and non-business bankruptcies, in the twelve-month period ending Dec. 31, 2023. This accelerates a continuing rebound in filings after more than a decade of sharply dropping totals.

Supreme Court of Arizona reprimands Phoenix attorney for billing irregularities - ALABnews 01/20/2024

It’s frustrating when a disgruntled attorney I formerly employed, but who I stopped letting work with my clients’ matters because he handled them in a manner I deemed unacceptable, and years later had a former client of his terminate their relationship and retain me, and then compelled me to seek formal intervention to have him turn over the file to the client and me, publishes an unwarranted nastygram about me. Especially when he was just put on two year’s probation by the Bar.

Seriously, Sam?

Is this because my former law partner and I stopped letting you work on our clients’ files when you worked for us a few years ago because we could no longer countenance how you handled those matters?

Is it because more recently, but likely more than a year ago, a client of yours discontinued your representation and retained me? Or that I had to seek intervention to force you to provide the entire client file to her/me?

I can’t imagine why now, out of the blue, when we have had no reason to have contact with one another for a long time, you would publish an unwarranted and unsupportable derogatory comment about me anywhere, and on my page, no less.
I’m especially puzzled, wondering whether this defamation, per se, is also a violation of your two-year probation by the presiding disciplinary judge, as recently reported .

Supreme Court of Arizona reprimands Phoenix attorney for billing irregularities - ALABnews On Friday, August 18, 2023, the Presiding Disciplinary Judge of the Supreme Court of Arizona reprimanded attorney Samuel J. Doncaster for overbilling clients.

08/31/2023

Don't delay travel

08/30/2023

I’m happy to see courts around the country, and in Arizona, starting to put “teeth “into the statutory provisions for unjustified litigation by sanctioning such litigants with awards of attorneys’s fees.

On that note, I am pleased to announce— in an unabashed manner— that I just received a ruling from the Arizona Court of Appeals upholding an award of attorneys’ fees in six figures in favor of a client who, along with his wife, have become friends, whose business was wrongfully sued for millions when the court found the claimant to have pursued its claim in an unjustifiable manner.

06/01/2023

RE: Corporate Transparancy Act

To: Clients, friends and those who need to know:

You did not ask me, but you may need to know this. From time to time, I endeavor to share some information of which I believe my clients or potential clients should be aware. This is one of those times.

Effective January 1, 2024, corporations and limited liability companies in the United States will be required to file reports with the federal government, not previously required.

If you manage any corporation or limited liability company, you should know this: you will need to report your “beneficial owners.” A beneficial owner is any individual who, directly or indirectly, either exercises “substantial control” over the company or owns or controls at least 25% of the company’s ownership interests. This requirement is a part of the federal Corporate Transparency Act. This will impact millions of business entities.

An individual exercises “substantial control” over a company if the individual (a) serves as a senior officer of the company; (b) has authority over the appointment or removal of any senior officer or a majority of the board; or (c) directs, determines, or has substantial influence over important decisions made by the reporting company. Thus, senior officers and other individuals with control over the company are “beneficial owners” under the CTA, even if they have no equity interest in the company.

Individuals may exercise control directly or indirectly, through board representation, ownership, rights associated with financing arrangements, or control over intermediary entities that separately or collectively exercise substantial control. Indirect ownership or control of a company or its ownership interests may include the following: joint ownership with one or more other persons; through another individual acting as a nominee, intermediary, custodian, or agent; as trustee, grantor/settlor, or beneficiary of a trust; through ownership or control of one or more intermediary entities that separately or collectively own or control ownership interests of the reporting company

The Corporate Transparency Act, or CTA, was enacted on January 1, 2021. It is an expansion of anti-money laundering laws and is intended to help prevent money laundering, terrorist financing, corruption, tax fraud, and other illicit activity. The CTA requires most existing and new corporate entities in the United States to file reports with the Department of the Treasury’s Financial Crimes Enforcement Network, or FinCEN. Prior to the CTA, there were no uniform beneficial ownership information reporting requirements in the United States, which hindered law enforcement’s ability to investigate entities being used for illegal purposes.

Any domestic or foreign “reporting company” must file. A “reporting company is very broadly defined as any entity that is a corporation, a limited liability company, or otherwise created by the filing of a document with a secretary of state or similar office. All corporations and LLC’s are created this way, so if you are a corporation or an LLC, this applies to you, unless exempted.

Exempted companies include:

(1) SEC-reporting companies, regulated financial services companies, including banks, credit unions, depository institution holding companies, registered securities broker-dealers, registered investment companies and investment advisers, venture capital fund advisers, and pooled investment vehicles that are operated or advised by the foregoing.

(2) Insurance companies

(3) PCAOB-registered accounting firms

(4) Tax-exempt entities

(5) Inactive entities that existed before January 1, 2020, are not engaged in active business, are not owned by a foreign person, have not had a change in ownership in the last 12 months, have not sent or received funds greater than $1,000 in the last 12 months, and do not hold any assets;

(6) Subsidiaries of certain exempt entities;

(7) Entities that employ more than 20 full-time employees in the U.S., have an operating presence at a physical office in the U.S., and demonstrate more than $5 million in gross receipts or sales on their federal income tax return (excluding receipt/sales from sources outside the U.S.) If a company falls below these thresholds in the future, a report must be filed within 30 days. An updated report is required if a reporting company later becomes eligible for the exemption.

The due date for the initial report depends on when the entity was created:

• If the company is created on or after January 1, 2024, then the initial report is due within 30 calendar days of the date the entity is created.
• If the company was formed before January 1, 2024, then the initial report is due no later than January 1, 2025.
• In other words, effective January 1, 2024, new entities will have to file a report within 30 days of their creation. Entities already in existence on January 1, 2024 have until January 1, 2025 to file a report.

Reports include information about (1) the reporting company, (2) the reporting company’s beneficial owners, and (3) “company applicants” who made the filings to create the entity. Information about the reporting company includes: the full legal name; any trade name or “doing business as” (d/b/a) name; current address; and the state where formed; federal taxpayer ID number.

Information about individual beneficial owners and company applicants includes full legal name; date of birth; current address; unique identifying number and issuing jurisdiction (e.g., U.S. passport or driver license and an image of the document with identifying number. Alternatively, individuals and entities may apply for and obtain a FinCEN identifier, which can be included on subsequent filings in lieu of this information. This could make the filing process more efficient for frequent filers.

Once an initial report is filed, it must be updated within 30 days if there is any change with respect to information previously reported. Examples of changes that would require an updated report include changes in who is a beneficial owner due to transfers of ownership or sales of additional ownership interests, a reporting company becoming exempt from the reporting requirements, transfers of ownership interests due to an owner’s death, transfers of ownership when a minor child reaches the age of majority, any changes to an identifying document previously submitted, for changes in name, address, or identifying number.

If the reporting company becomes aware of inaccuracies in a report that has already been filed, it must file a corrected report within 30 calendar days after the date on which the reporting company becomes aware or has reason to know of the inaccuracy.

Interestingly, reports filed with FinCEN will not be accessible to the public and are not subject to requests under the Freedom of Information Act. The following will have access to the information: federal agencies engaged in national security, intelligence, and civil and criminal law enforcement; The Department of the Treasury in connection with its official duties, including tax administration; state and local law enforcement agencies in connection with criminal or civil investigations. If the reporting company consents, FinCEN may also disclose information to financial institutions to assist in their anti-money laundering compliance activities.

FinCEN is currently designing and building a new IT system called the Beneficial Ownership Secure System to collect and store CTA reports. This system is not yet available, and reports will not be accepted prior to January 1, 2024.

If you have any questions now, or closer to January 2024, please call me to discuss this further. If you are a client, I do urge you to seek my assistance at least for this first filing. If you are not a client and/or choose not to seek my assistance, please be sure to consider this information and take whatever action you deem necessary.

Clarence Thomas’s free vacations could be costly 04/07/2023

One of the problems with prosecuting Trump is that his criminal activity is so frequent, it is somewhat normalized. So, too, when this type of story breaks, it might feel like fatigue to suggest he be first impeached, then prosecuted if this is also criminal behavior, but this should not be swept under the rug by such fatigue. Our current and future respect and compliance with the law is at stake. The only reason our Supreme Court is able to interpret the law of the land is our social contract respecting the Court. This type of conduct erodes that contract.

Clarence Thomas’s free vacations could be costly The Thomases spent nine days on a megayacht in Indonesia, a trip that would have cost them $500,000+ had they paid for it themselves, ProPublica wrote.

Kari Lake Responds to Supreme Court Update: 'Burn it to the Ground' - NewsBreak 03/23/2023

This speaks volumes…

“In fact, despite having six out of seven of her claims dismissed, she tweeted: ‘HUGE: AZ Supreme Court Rules In Favor of Kari Lake, Forces Lower Court to Look at Signature Verification Issues.’”— Newsweek

Kari Lake Responds to Supreme Court Update: 'Burn it to the Ground' - NewsBreak The Arizona Supreme Court rejected most of Kari Lake's gubernatorial election...

03/21/2023

Looking for a reliable and trustworthy law firm for your business and / or real estate issues? Look no further than my law practice. Legal issues permeate the business and real estate landscapes. What my clients don't know can hurt them; so I can let you know! When I take on a matter, I work tirelessly to ensure that your matters are handled with the utmost care and precision. We know that the world of legal issues can be complex and overwhelming, but I have the expertise to help you navigate these challenges with ease. I am committed to securing the best possible outcomes for my clients. Contact me today to learn more about how we can help you achieve your business goals. PH: 480-214-9888; [email protected]

12/23/2022

It warmed up enough to snow. Gotta love living in a snow globe.

12/20/2022

As former Senator Al Frankenstein so aptly put it, “Lies and the lying liars who tell them.”

07/23/2022

Down in Kissimmee, Florida, a dog was spotted lying on the side of the road. It had been hit by a car. Osceola County deputy Josh Fiorelli was passing by when he saw the injured animal. The female dog was alive but was hurt enough that it couldn't move. Josh was heartbroken that such a thing happened So he called for help then sat down beside dog and started petting it.
Some dogs might get defensive when they're hurt, but not this one. It seem to welcome the officer being there for her. Josh put his jacket over the dog to keep her warm, as the day was chilly and the dog was wet.

Josh said: “She didn't have anyone there, so I decided to be that person.” The dog was soon treated for a dislocated leg. Carlos Irizzary was walking his own dog when he came across Josh helping the injured dog, so he snapped a photo of it, and posted it online. It went viral, and it was shared by several news outlets throughout the country. The Osceola County Sheriff's Office also posted the photo on its website, saying: “...Thank you Deputy Fiorelli for serving with care and compassion.”

Credit : Deputy Fiorelli
Publisher : Love Language

07/19/2022

First tee. 59°. Will be 79°. Summer golf Calgary.

12/01/2021

Irrespective of one’s views on the topic, the US Supreme Court is about to hear arguments in a case out of Mississippi that could fortify or decimate Roe v. Wade.

05/28/2021

Grateful for, and humbled by, this Memorial Day weekend, those who gave everything for us.

05/04/2021

As the USA is beginning to get back to business, I am here to address any legal issues that emerge or that you have been putting off. Practical advice to better your bottom line.

Day 3 of the Derek Chauvin trial: Jurors see body-cam videos; early witness to George Floyd's arrest sobs on stand 04/01/2021

Latest in Chauvin trial....

https://www.usatoday.com/story/news/nation/2021/03/31/derek-chauvin-trial-live-day-3-witness-genevieve-hansen/7019123002/

Day 3 of the Derek Chauvin trial: Jurors see body-cam videos; early witness to George Floyd's arrest sobs on stand A witness who glimpsed the early moments of George Floyd’s arrest testified Wednesday in the murder trial of Derek Chauvin.

03/13/2021

Announcing that, in addition to my business, real estate and civil litigation law practice, I am available to act as a neutral third-party mediator, having been trained and certified by the Arizona Dispute Resolution Association. I have the perspective of a litigator who has represented both claimants and respondents in a wide variety of civil matters for 38 years and I was a Judge pro tem in the Superior Court for five years. Ph: 480-214-9888.

02/23/2021

It’s been a great first two months since dissolving my law firm and practicing solo. Never been busier or happier in my practice.

I am always able to make time for referrals from those who know me. My practice is 100% referral-based.

01/05/2021

“Being humble does not mean you are weak. It means you are so confident that you don’t mind hearing the truth about yourself, so that you can change.”—Unknown

01/05/2021

Just decided to dissolve my law firm and work solo, focusing on my client matters without the burden of managing a partnership. I continue to appreciate the support of my clients.

01/04/2021

Welcome to the first step in addressing business law issues in a practical, reasonably priced way.

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It warmed up enough to snow. Gotta love living in a snow globe.

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Scottsdale, AZ

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