The world today has become surrounded by drug abuse as well as drug addiction. This escalating disorder has become so common, that its truth is based on misconceptions that people have concerning drug abuse as well as addiction. This paper briefly provides an overview of drug abuse as well as addiction, and at the same time looks at the aspects of epidemiology, social problems, pathophysiology, as well as ethical issues that might arise with medical emergency respondents.

Drug abuse and drug addiction; exactly what does that mean and who is affected by it? There is a confusion between drug addiction and abuse. Drug abuse happens when there is usage of a substance, generally illicit drugs or alcohol, while drug addiction takes place in a broad variety of substances and activities. Addiction can be termed as the compulsive need for usage of substance forming habits, such as alcohol, nicotine and heroin, of which is eventually characterized by obviously physiological signs upon withdrawal as well as tolerance; widely: insistent compulsive use of known substances that are harmful to the user. Drug addiction is usually not a substance forming habit, it also includes things such as gambling, sex, video gaming, and even internet. All the same, the primary focus of society is still to do with drugs, tobacco and alcohol. Several characteristics of pathophysiology and epidemiology will be discussed together with the social implications that addiction causes as well as any ethical problems that lie with addiction and medical emergency service providers.

The addictive behavioral study is relatively new. Science just started to study behavioral addictive in the 1930. Prior to this, studies were being carried out by scientist on drug abuse that were plagued by misconception shadows as well as nature addiction. But with present day discoveries as well as information on how brain chemicals work and the methods of alteration, there is now a deeper understanding of alcohol and drug addiction. Drug addiction, according to Dr. Dryden-Edwards also referred to as chemical dependency or substance dependence, is an illness that is described by a destructive drug abuse pattern that leads to major problems which involve tolerance towards or substance withdrawal and other problems arising from substance use that could have implications to the sufferer, either by school performance, socially or in terms of work. More than 2.5% of humanity suffer from drug addiction at some point in their lives. Some of the commonly abused addictive substances are alcohol, anabolic steroids, amphetamines, cannabis, caffeine, ecstasy, cocaine, inhalants, hallucinogens, nicotine, phencyclidine, opiates, sedatives, anti-anxiety drugs, and or hypnotic. Despite the fact that alcohol and drug addiction is viewed as a mental health issue, there is no one particular determinant cause. However, several people believe that drug addiction and abuse is a genetic disease of which is a false fact. A person’s environment is cause for the development of a predisposition dependency drug.

Epidemiology

The socially associated risk factors of drug addiction and drug abuse encompass the male gender, between the age ranges of 18 and 44 years, heritage of Native American persons, low socioeconomic status as well as the marital status of the unmarried. State statistics reveal that residents from the western U.S are more at risk to substance dependency as well as abuse. While males are very prone to alcoholism development, females seem more vulnerable to alcoholism at fairly lower amounts of alcohol consumption, this is because females have a much lower body mass as compared to males. The combined medical, criminal, economical, as well as the social implications costs American taxpayer more than half a trillion dollars annually. Each year drug and alcohol abuses contributes to 100,000 American deaths, with tobacco contributes approximately 440,000 deaths annually. Individuals of all ages suffer the damaging consequences of drug as well as alcohol addiction and abuse. Babies can get affected while within the mother’s womb if the mother is to engage in drug or alcohol use, which as a result causes defects in birth as well as slows down the intellectual development in the later years of the child. As for Adolescents, they usually perform poorly in school and usually drop out while they are abusing drugs. Adolescent girls stand the risk of having unwanted pregnancies, sexually transmitted diseases, and violence. In addition, parents and adults are also affected, usually by having their cognitive abilities clouded. With all the vast exposure, the stage has easily been set for the next generation to simply step into the addictive lifestyle.

Pathophysiology

Drug addiction primarily affects the brain, but also affects the flow of a person’s organ systems. Drugs as well as mind changing substances which can be abused usually target the body’s natural system of reward either willingly or unwillingly causing entire euphoric effects for the drug user. These effects arise from the dopamine, which is a regulated neurotransmitter movement, emotion, cognition, motivation and pleasure feelings. The release of Dopamine is naturally rewarded to the body for natural behaviors as well as initiations for the cycle to repeat the behavior all over. The dopamine neurotransmitter fills the reward system that is often concealed in restricted amounts from routine activities such as sex or eating. The brain perceives this as a life-sustaining action as a result of the activated reward system. On introducing the chemical substance within a person’s system and the euphoric effects are realized, a person’s brain takes note of several significant happening events and teaches itself to do this action repeatedly until it is a habit. The consumption of illicit drugs can cause an individual to impulsively act when the brain’s reasoning system would normally delay or prevent a form of given action.

This reasoning system is circumvented, hence leading to the undesired action that can possibly have negative consequences on the drug user’s life. However, several drug effects as well as chemical substances are at times euphoric, and other times the substance causes depression, suicidal thoughts, and paranoia. Continuation of the drug causes the brain to become acclimatized to the surplus of dopamine within the reward system. This then leads to the decrease of dopamine release as well as the dopamine receptors numbers within the system itself. In turn, this affects the user’s ability to attain the desired effects of the drug usage. This response from the person’s brain causes the person to try and reactivate the receptors by adding the dosage or amount of the drug in order to attain the same dopamine high. This effect process is referred to as a tolerance. Long term drug abuse causes changes to occur to other systems parts within the brain. The neurotransmitter glutamate of which is a part of the reward systems can be changed and hence cause learning inability. When the brain reaches the maximum level of glutamate, it causes an off balance and the brain tries to compensate, of which as a result affects the drug user’s cognitive ability. Once the brain accustoms to the drug effects, dependence is made and drug abuse cessation causes a result known as withdrawal. While most withdrawal signs are very uncomfortable for the drug addict, there are several serious signs such as seizures, strokes, myocardial infraction, delirium tremens, and hallucinations.

Social, Ethical issues as well as the impact on emergency medical services (EMS)

The consequences of drug abuse and addiction are very evident in an individual social life. The addictions destructive behavior affects every area of their personal life, right from the genesis of the drug abuse. The addictions symptoms from a physical perspective include alteration of sleeping patterns as well as eating habits, which in turn contribute to both weight gain as well as loss. Frequent drug abuse tends to lead to failure in meeting important responsibilities at work, school or even home. Other drug addiction effects include domestic violence, family disintegration, child abuse, employment loss, and failure in school. People with addiction engage in risk taking, and with alterations in the reward system within the brain, the drug users expect positive reactions prior to them taking the substance that would satisfy their needs for the risks they take. Impulse control is difficult when drug choice is available to people with addiction. As a result this fuels the addiction even more.

The effect of the emergency medical service is immense. The calls from addiction range from medical overdosage to trauma. The emergency medical provider’s obligation in response to overdosed patients requires paramedics to find out how much as well as what the patients took, and what is the correct medication to give in order to reverse the condition that is being experienced by the patient or drug user. With the various emergency responses comes danger, with the possibility of violent outbreaks by the addicts or users. Therefore, paramedics must be aware of their surroundings while handling the patients. In addition, patients who experience withdrawals tend to hallucinate a complete event as well as incorporate the paramedics, thus causing the patient to react violently towards the care provider. Drug addiction is a very serious condition that can be considered as a psychiatric problem, of which needs to be treated with a sure diligence as well as suspicion.

Within the realm of the emergency medical service, the response rate of addiction is not considered an emergency condition. The incident will arise if an addict is experiencing withdrawal violent signs or has substance overdose, and the patient would appear in a state of agitation or even unconsciousness. There is no prearranged method in handling a patient that is experiencing problems related to addiction. The key element is in treating the symptoms of the patient. All patients require supplementary oxygen through non rebreathe if tolerance is acceptable. To assist in flushing out a normal saline of infusion, obtaining of intravenous access is a must. Should a patient or addict be in a state of agitation or seizure, administration of a sedative is required, such as versed or valium. Caution must be taken when administrating benzodiazepines because of the risks regarding failure or respiratory depression is present. Should a patient experiencing an opiate overdose as well as low breathing, Narcan 0.4 – 2 milligrams must be administered, but caution must be observed when administering the drug of which is done slowly in order for the patient to breathe sufficiently so as to sustain life. Should breathing and airway problems continue then intubation must be considered in order to secure the airway of the patient. Quick transport with due concern is suggested in order for the patient to be evaluated so as to have the hospital staff commence detoxification.

Conclusion

The drug abuse and addiction world is unforgiving and harsh, especially if an addict or user is unwilling to leave it behind. A number of people claim that the addiction is all within the head, and research has verified this notion. The brain effects from a formed learned pattern is similarly rewarded to such activities like drinking or eating.

A lot of people do not comprehend as to how and why other people become drug addicts. It is wrongfully presumed that drug users have no willpower or moral principles and cannot stop using drugs simply by choosing to alter their behavior. The reality is, drug addiction and abuse is a complex illness, and quitting it requires lots of good intentions. In actual fact, because drugs alter the brain in ways that raise drug abuse compulsiveness, quitting becomes hard, even for the willing addicts.

A lot of drug users also believe that they can control their drug abuse and addiction. Having a drug habit is a costly affair that leads to loss of belongings, money and even self-esteem. Curiosity is what drives some people abuse drugs, while others it is peer pressure, and another group of people become addicts of prescription drugs. While drug abuse normally leads to drug addiction, overcoming drug addiction is no easy task. So the question begs, is this drug abuse or is this drug addiction? These are two completely separate paths that lead to the same depressing outcome. In addition, the consequences of drug abuse as well as drug addiction become noticeable after a given period of time whereby compulsiveness and violence take over, furthermore, the physical toll which includes illness and depression at times could be debilitating. Therefore, the only method to reducing drug abuse as well as addiction is through educating or sensitizing the public. Avoidance is viewed as the best prevention.

The Centers for Medicare & Medicaid Services (CMS) is part of the federal government’s Department of Health and Human Services. Because many Medicare and Medicaid recipients are elderly, much of the funding goes to nursing homes or eldercare services. Health agencies that receive certifications from Medicare undergo an assessment every three years. CMS assesses these home health agencies via quality measures and publishes each agency’s results.

CMS & Home Health

CMS provides scoring for all Medicare-certified home health agencies via Health Compare. The quality measures take into account: (1) the patient’s improvement in performing a variety of activities of daily living (ADLs), and (2) whether the patient’s health improves or stabilizes over time.

It is important to note that the quality measures should only be used as a general guide. Many home health care recipients are elderly, and each patient’s needs are different. Some patients are recovering from surgery or a medical emergency. Others have chronic and worsening medical conditions. Therefore, the lack of improvement in some home health care recipients is not due to poor standards or substandard care, but rather due to declining health. In addition, Medicare’s quality measures for home health are fairly recent and are still being refined. Currently, the quality measures provide a baseline to help consumers see how a local agency compares to both state and national averages.

CMS Quality Measures

CMS quality measures are used in Medicare-certified home health care agencies in order to come up with the final scoring. Medicare details the following quality measures:

* Three measures related to improvement in getting around:
– Percentage of patients who get better at walking or moving around
– Percentage of patients who get better at getting in and out of bed
– Percentage of patients who have less pain when moving around

* Four measures related to meeting the patient’s activities of daily living:
– Percentage of patients whose bladder control improves
– Percentage of patients who get better at bathing
– Percentage of patients who get better at taking their medicines correctly (by mouth)
– Percentage of patients who are short of breath less often

* Two measures about how health care ends:
– Percentage of patients who stay at home after an episode of home health care ends
– Percentage of patients whose wounds improved or healed after an operation

* Three measures related to patient medical emergencies:
– Percentage of patients who had to be admitted to the hospital
– Percentage of patients who need urgent, unplanned medical care
– Percentage of patients who need unplanned medical care related to a wound that is new, is worse, or has become infected

How can you find capable and honest people whose quirks won’t drive your parents nuts? How much will they be paid? For how many hours at a stretch? How many stretches per week or month? Will these people be employees of yours/your parents? Of an agency? Or independent contractors? Do you know how the IRS determines these things and what paperwork and record keeping are required? Have you thought about worker’s comp and withholding? Suppose the applicants don’t speak much English?

Finding Candidates
There are two common ways to find help. Your parents can hire workers through an agency or can hire privately using referrals from friends, neighbors, physicians, local groups, or advertisements. Do you and your parents know the pros and cons of each option?

Agency hires
What are the pros and cons?

If your parents hire through an agency, the helper is the employee of that agency. It will find candidates, select a helper, pay that person, withhold taxes, provide W-2 forms to the helper, and bill you/your parents at its hourly rate. Although your parents will not have to recruit, screen, or haggle over wages, they will have limited choice in whom the agency sends – but somebody will show up, including substitutes when your parents’ worker is ill or on vacation. Clients may ask about the agency’s hiring and screening policies but are expected to rely on the agency’s selection.

If your parents have a problem with the worker, they can call the agency and a supervisor will talk to the worker for them. This is a strong argument in favor of agency hires, as long as your parents are willing to ask for help. How likely are your parents to report dissatisfaction while problems are small and easily fixed? Will they have the moxie to call the supervisor? Will they let you know?

Your parents will probably be charged between $20.00 and $40.00 per hour and will have to agree to a minimum number of hours per visit, usually four. The worker receives about half of the agreed-on fee. If the worker is dissatisfied with the fee schedule or benefits, that dissatisfaction is with the agency, not with your parents. Most agencies have policies prohibiting clients from supplementing salaries or giving gifts to their helpers. This is to protect clients from pressure by rather poorly paid helpers. If a helper suggests ways to skirt this policy and bestow tokens or riches, the agency should be told immediately. This could lead to financial abuse. Will your parents tell you or the agency promptly if this happens?

Types of agencies:
If your parents need simple housekeeping, they should work with a housekeeping agency. If they need in-home help including personal assistance, they should use agencies that specialize in in-home helpers and non-medical personal care providers. If they need assistance with health problems, they’ll need to look into more skilled home health aides.

The first option, housekeeping agencies, provides people who clean homes. But even this apparently simple option should be influenced by the results of the check sheets.

• Some house cleaners sent by housekeeping agencies bring their own cleaning supplies. That’s a help if it saves you or your parents a shopping trip, especially one that involves hauling heavy containers. But it’s a problem if your parents want specific cleaning products used and not others.
• House cleaners from agencies probably are on a fairly tight schedule, will come in, clean, and move on to the next house and may work in pairs or teams. This is great if your parents want the house cleaned quickly because it reduces the time somebody is in their home. But it can be a problem for a parent who doesn’t like people in the house because it increases the number of people there at one time. And with a team cleaning, several rooms may be in upheaval at the same time.
• Agency house cleaners may also chat with each other, and not necessarily in English. This can be a problem if your parents don’t want the noise involved with several people cleaning and talking. If they want to work along with or supervise the helpers, they may hit trouble both because of the helpers’ time constraints and also because they may not speak much English. And, if your parents want sociability as well, they may want to avoid this option. These workers get paid for cleaning, not talking, and need to move quickly and get on to their next job.

The second option, agencies that provide personal assistance and light housekeeping, offers more services and more sociability. Even if your parents don’t need much assistance beyond light housekeeping at this point, choosing an agency that provides in-home health aides may make sense. As your parents’ needs increase, they won’t have to start fresh with a new agency. These agencies provide employees who can offer broader services including transportation, sociability, assistance with activities of daily living (ADLs), and other support. In essence, your parents make a list of things they’d like help with, how many hours a day/week they’d like assistance, and the agency does its best to match the request with their available staff. The agency bills an agreed hourly rate based on the level of difficulty of the services provided. It has policies about weekend, holiday, and overtime charges.

To get the best match through an agency that provides help beyond housekeeping, you and your parents should give the intake worker at the agency a detailed list of what your parents want help with and how they want to be helped. These checklists should be reviewed right away with any helper who shows up at the house to prevent the well meaning 19-year-old aide from driving your parents crazy by gabbing all day long about a fruitless search for a soul mate. Review the checklists and work regularly with the aide, and pass the feedback along to the aide’s supervisor at the agency. Attention to little details at the outset will make eldercare services more tolerable to your parents now and in the future.

For eldercare services to be tolerable to the elders, you need to explain to the in-home helpers exactly what your parents want help with. It’s not enough to say “hire someone to clean the house.” Does this mean the person cooks meals? Does laundry? Makes beds? Waters the lawn?

It seems simple enough. Your father said he can’t drive anymore so he needs someone to help him with shopping. Unfortunately, it’s easy to misinterpret what’s really needed. Does your father need someone to take a grocery list, go shopping and drop groceries off in the kitchen? Or does he need someone to stop by, pick him up, wait outside while he shops, bring him back, and drop him off? Does he need someone to go in the store and shop with him? For him? Help unpack and put the groceries away?

People make assumptions about what to do and how to help-and don’t get enough detailed information for the assistance to be acceptable to person needing assistance. To avoid these mistakes, and the complaints and cycle of hiring and firing in-home aides, get a complete picture of what your parents want help with. Begin the conversation by focusing first on a single, simple issue like shopping.

Because an apparently simple task like shopping is actually a series of smaller tasks, we have broken each topic into its components. Explore these details with your parents to learn what they really mean when they say “I think I want help shopping for groceries.” The detail may seem excessive to you, but it will make your parents feel understood and allow you to train the helper in acceptable assistance so his/her tenure will exceed a nanosecond.

• Shopping for groceries
Some people enjoy grocery shopping and would miss the activity. They may like the social connection of seeing and talking to other people in the store; they may enjoy slowly wandering down the aisles looking at and feeling the fresh fruits and vegetables, or they may want to keep control over decisions about what is purchased and how much money is spent. For these reasons, grocery shopping can plug into issues of authority and companionship.

Be sure you don’t hire a mismatch, e.g., someone who comes in and does a fabulous job selecting, buying, and organizing the groceries thereby annoying your parents who love to shop and see this as one of the last vestiges of control over daily life. Talk to your parents about the tasks involved in grocery shopping.

Do you want help:
• Deciding how much to spend?
• Making grocery lists?
• Getting to and from the store?
• Selecting the groceries?
• Navigating the aisles?
• Reaching items on very high and/or low shelves?
• Putting the groceries into the cart, onto the checkout counter?
• Paying?
• Carrying the groceries to the car and into the house?
• Unpacking the groceries?
• Doing the whole thing?

Grocery related issues – Do you want:
• Someone to follow along patiently while you shop?
• Someone to chat with while you are shopping?
• Someone to talk to the store clerks for you if you need help finding an item?
• Someone to handle the payment at check out?
• To do shopping on a regular schedule…when?
• To buy only specific brands or specific product sizes?

You may not have realized how much was involved in shopping for somebody else. Busy people just zip in, buy what they need and zip out. But, for people whose world has gotten smaller, these little things matter a great deal. No matter how experienced the provider of eldercare services is, he/she cannot anticipate each client’s preferences and may not ask in sufficient detail to get adequate information. Use these questions to help your parents get clear on exactly what they want help with and how they want to be helped, and to train the helper so he/she can provide elder care services they will accept.

Choosing a career in child care requires a natural love for children, the ability to be creative and inspiring, and consistent child care training. There are many ways to receive child care training which depends on if you are working for yourself or for a company.

It takes many character qualities to work with children successfully and among these characteristics is patience. You also need to use your imagination as well as your talents. If this is your first position in a child care career you may find it difficult to switch from a corporate setting or office setting to a relaxed atmosphere full of vivid colors, shapes, and toys.

Training for a company

If you are working for a children care company they may pay and provide child care training for all their employees. During child care training you will learn different topics to help you prepare for your career as a children’s care provider. The company that you are working for may require that you have so many hours of training and they may decide what topic they want you to receive child care training in and they will probably also pay for it as well. This care training can last anywhere from eight hours to twenty-four months, depending on what type of certification you are required to obtain.

Training for your business

If you have decided to open your home to other families and become a children care provider, you will need to first determine what type of training for child you need. The requirements for a care provider is different in every state so you will need to check with your local health and human resources department to determine what type of children’s care training is required before you can begin to provide care for them in your home. You will also need to determine what type of training you will need to continue to care for children in your home every year.

Training College Courses

If you love taking care of children and want to make a career of it, you may want to consider obtaining a child development degree or child care associate degree so you can open up your very own child care center outside of your home. You may also want to work for a child day care center in your local community instead of opening your own center. It’s not easy to obtain this training and it requires many hours of hard work, class time, and studying however it will be worth it when you have a degree and the job of your dreams.

Children’s care training can be provided locally in your community, at a college, or online. You can also receive training materials in the mail that allow you to read the instruction manual and then take a written test in order to achieve your certification in that particular area of children’s care.

Here the 4 Secrets of Fast Foods: Eating “On-The-Go” & Not Gaining Weight. The success of a weight loss plan is to accept that, by circumstance of time, location, or even money, one might end up in a fast food restaurant or having to eat while driving in their car. Just because one has to eat “on-the- go” does not mean your weight loss has to be disrupted. The secret is like eating anywhere is to have a plan. In this case it’s easier to remember what you should not have rather than the best choices. Here is the short list of what you should try to avoid: It’s as simple as can be, and if you examine it closely it really works. I use a simple acronym: F.A.S.T. to point to the really bad drinks and foods.

The Perfect World:

Ideally, everybody has the “right breakfast” at home, does away with eating at fast food restaurants, picks lower calorie alternatives at the office or at the school cafeteria for lunch, has a high-protein, low-carb snack in the late afternoon and then comes home at the end of the day for a nutritious, healthy dinner including fish, vegetables and salad. That is the perfect world.

50% of All Food is Fast Food Types:

Unfortunately, let’s face it, the perfect world never happens in the lives of the majority of Americans. The NPD Group®, an organization that estimates food trends in the United States, reported in 2002 that more than 50% of all food consumed (not just restaurant foods) consisted of burgers, fries, Mexican food and pizza.

Why Fast Foods?

Consumers go to the drive through at McDonald’s®, Burger King® or Taco Bell® and pick up burgers, chicken nuggets and fries without even thinking about the consequences. These foods taste good, are cheap, satisfying and, most importantly, are convenient-they fit into our busy life styles. Unfortunately, gaining weight is easy even when you only eat small amounts of these high-calorie, fattening foods, especially foods with portions that are difficult to control.

Fast Foods Give Pleasure:

The reality is that, more often than not, these foods represent a main source of a lot of pleasure for many people. Depriving yourself of what you like only leads to wanting it more. Sooner or later, the “I can’t have it” becomes “I must have it” and creates anxiety. The SECRET is to learn how to choose smartly from the vast selection available.

4 Secrets to FAST Food Eating: F.A.S.T.

When you find yourself forced to eat on the go, the secret is to choose foods that will not add thousands of calories to your diet. From all of the choices that surround you, here is a short list of what you should try to avoid.

Just remember the word, “FAST.”

  • F=no fried foods
  • A= No add on’s-sauces, high cal dressings, dips, mayo, all “special sauces”
  • S= skip breakfast, skip sugary drinks
  • T= “thick”--no burgers, sandwiches that have double & triple layers, remember most of these have been eliminated because they are fried.

The easiest way to navigate the 200 or more items is not what’s good, but what’s bad. Here is how F.A.S. T. eliminates all of the high calorie, high carb foods:

F: No Fried Foods for Lunch and Dinner at Fast Food Restaurants:

You really only need to avoid a small number of items among the two hundred or more food choices we are exposed to everyday. Going to fast food restaurants and finding reasonable, low-calorie, portion-controlled foods is absolutely possible.

fried foods: this eliminates all burgers, fried chicken, fried fish, French Fries, onion nuggets

A: Add-On’s:

This means all of the sauces, including Mayo, many of the proprietary sauces, bad salad dressings, croutons,- this can save you hundreds of calories.

Low cal salad dressings, mustard and ketchup are great

S: Skip: Skip Breakfast:

Breakfast is the easiest meal to adjust because what we choose to eat in the morning is not as much about satisfying cravings or wanting comfort food. Many people will pick up the first thing they see, such as a Pop Tart®, a bagel, pastry, a donuts or a muffin. In fact, we would be just as satisfied with foods that have much lower calories. Fast food breakfasts can easily account for a third to half of the total daily calories for a person on a diet. Often, people in a rush get their breakfast at a drive Thur gobble down their food in their cars and often do not even realize what they are eating! –SKIP BREAKFAST IN THESE RESTAURANTS

S: Skip: Skip sugary drinks:

Forget the juices, fruit punches, whole milk, high calorie lattes, and mostly the regular soft drinks There are numerous zero calorie drinks, try water, diet soft drinks, no fat milk

T: Thick(double stacked, multiple ingredients)

If the fried food exclusion did not get you, this will. This eliminates all foods with multiple more than one meat or chicken patty, combinations of meat-bacon and other almost crazy ideas. Vegetables like lettuce and tomatoes on great, we are talking about adding extra proteins and carbs to the sandwiches.

What Can You Eat: Here are the foods that past the F.A. S. T. “test”:

McDonald’s: hamburgers(single), cheese burgers, grilled chicken, wrap snacks, apple dippers, all salads, side salads, watch-no creamy dressings,

Burger King: hamburger, cheese burger, chicken sandwich-grilled, BK Burger Shots(kids and adults), salads, again watch dressing and add-on’s

Wendy’s: Junior hamburger or cheese burger, grilled chicken, Classic single, chili(large or small), baked potato.(sour cream and chives as 80 calories), all salads-watch the add-on’s and dressings,

Subway: most subs, nothing fried, no mayo, watch sauces, avoid meatball, Philly cheese-steak, chicken and bacon ranch, BMT, Italian spicy, Feast, Chicken Teryaki

It’s that simple, you can go to these places when you need to you just need to be a little careful with what you chose.

Just remember: FAST-fried-skip-skip-ad-ons-thick & stacked

Choosing an eldercare home for an elderly can be a challenging task. You want them to get the best care they can and should receive, but there are just so many homes around, you may just feel lost at to what to consider. But do not worry too much, as here we have a guide to choosing a suitable eldercare home for the elderly.

First of all, you should talk to the elderly person, even if they are very sick. They are still very much human like we are, and would appreciate being consulted before having any decisions made. There may be some things that they would want in the centre in order for them to live comfortably. Whether it is the personality of the people caring for them or the facilities available, if the request is not too much to ask, and if some of the homes have what they need, you can narrow down your options to the few homes. At least you are taking care of their spiritual needs this way. You should also evaluate the other needs of the person, for example, if they are gravely ill needing 24-hour care, or healthy and require minimal supervision.

The cost of the eldercare should also be taken into consideration as what you can give may determine the type of care received. Some of these expenses can be covered by insurance, depending on the type of care the elderly receives. Nevertheless, make sure you calculate the costs that you will need to chip in, such as the care, medicine, toiletries, and other necessities.

Ensure that the company that provides the eldercare service is licensed, and meets the state and federal guidelines to provide care for elderly people. With the license, it is recognized that the minimum standards to care for the elderly are met by the centre. Those standards can range from the architectural dimensions of the centre; the staff having undergone intensive training and received certification; as well as the facilities and services available. Such standards are made in order to create a safer environment for the elderly. You should also do additional research on the service provided and ask for references. Just because a centre may be licensed does not make it satisfactory.

Last but not least, pay the centre a visit. Both you are the elderly person should take a look at the place to see if the environment is pleasant and clean, staff are hospitable, and the residents are safe. You will want the elderly person to be able to live there peacefully without complaints. Then, both of you can make the final say.

A study conducted by an organization known as Monitoring the Future, found that 47% of teenagers had involved used illegal drugs before they completed high school. This is not only a problem attributed to the youth, since it is found in adults too. Illegal drugs have a detrimental effect on the livelihoods of the people who use them, making it a national concern. People have lost their lives, and caused untold pain to those who are around them. These drugs have also led to a high level of crime, an issue, which has led to the formation of enforcement agencies, to fight the vice. There is a significant relationship between Drug Abuse and Health Care Cost.

How the abuse of drugs affects healthcare costs.

People who use illegal drugs spend a lot of time in medical facilities, due to a myriad of problems brought about by consumption of the drugs. These drugs affect your health directly by compromising your immune system. If you abuse drugs, you will always be suffering from one illness to another, thereby resulting in more visits to the hospital, than you would, if you were not abusing the drugs. This considerably increases the cost of health care per capita. Insurance companies that provide healthcare schemes are therefore forced to increase the amount of money that you pay, in the form of premiums. Government healthcare schemes are also stretched thus, providing lower cover for people. Drug abuse also has an indirect effect on the cost of healthcare. Scores of people around you will be affected when you abuse drugs. Accidents, on people who do not use drugs, caused by people who are under the influence of drugs are on the increase. These people need medical care, and therefore have to spend large sums of money, treating a condition that was not of their own doing. This is how drugs, directly and indirectly, affect the cost of healthcare provision.

Apart from increasing the cost of providing emergency medical response to people who abuse drugs, a large volume of financial resources goes into curative drug abuse programs. These are programs designed to help you stop abusing drugs. The reason why they are expensive is because they take a long time to have any measurable effect, and they are conducted by highly paid professionals. Drug rehabilitation programs have a draining effect on the exchequer. A lot of taxes are used in creating programs that help people to stop using drugs. Private medical care schemes also spend a lot of money in paying for private rehabilitation of drug addicts in clinics or at home. The costs are further increased by the fact that you still have to be monitored after you leave a rehabilitation facility. This is done so you do not suffer a relapse, and end up where you began.

How you can help lower the healthcare costs brought about by drug abuse.

The first step towards lowering this cost is to stay away from drugs in the first place. Get involved with your peers, and other members of your community, to educate people on the dangers of abusing these drugs. Your efforts will reduce the cost of providing healthcare to drug addicts. If you, or anyone you know, are abusing drugs, you should seek immediate help from a professional. The cost of rehabilitation can be reduced considerably, if you make a personal commitment to staying away from illicit drugs. If you go through a rehabilitation program, only to relapse later, you will have increased the national cost of healthcare provision.

The untold story of abusing prescription drugs

Although the abuse of illegal drugs is a primary concern, when it comes to the cost of providing healthcare, the abuse of prescription drugs, to a lesser extent, also contributes to this issue. When you are addicted to prescription drugs, you will have to spend a lot of money buying the drugs, when you do not need them. To stop this, you should use all prescription drugs according to the directions given by your physician. Do not use the drugs, for a longer period than that prescribed. If you do not get better, you should visit your physician who will give you an alternative treatment.

“If mom is not working, no child care,” insisted Deputy District Attorney Roye Randall of Los Angeles County at the pre-hearing interview of a mother of three, seeking modification of child(ren) support from the father through the County of Los Angeles Child Support Services Department.

Mandatory Child Care
Related To Employment:

The mother, as the other parent represented by this Author, in the proceedings for modification of child(ren) support before Department 2G, Com. Anthony B. Drewry presiding, (Com. H.M. Webster retired in April 2009) against the father as respondent, was willing to split monthly children care costs of $1,056.00 (at $88 per week per child).

But the father objected to child care costs and yet asserted that mom should be working. But mom has three children, 10, 9, and 7 years of age, and a fourth child, 1 year old, with another partner, who is living with mom and the four children.

With four young children, mom is a full time homemaker without time to look for work, nor study, nor train for work, nor actually work. Should the rule on child care costs be changed to provide child care costs to allow mom to look for work and hopefully find work?

Indeed, Section 4062(a)(1) of the Family Code provides for child care costs as mandatory add-on, if “related to employment or reasonably necessary education or training for employment skills” of a parent.

Pros and Cons On Changing
Child Care Rule:

The proposed change in child care costs rule is for the non-custodial parent to provide child care costs to allow the not-working custodial parent to look for work for a reasonable length of time.

Otherwise, the rule perpetuates the status quo, with mom unable to pursue her work or career development, and dad liable for more non-custodial parent’s basic child support according to the Family Code guidelines.

If mom is able to work and earn income, she would be able to contribute to child care costs. And dad’s basic child support payment would be lessened due to mom’s income according to the guidelines.

On the contrary, if the rule of no child care costs for a non-working mom is retained, mom would be a better child caregiver than any other care-provider unrelated to the child. And the dad would not be burdened with paying child care costs in addition to the basic child support payment.

Child Support
Deviation Guidelines:

The guideline formula for computing basic child support is stated as an algebraic formula in Family Code Section 4055(a), as: CS=K[HN-(H%)(TN)]. CS= child support amount; K= amount of income to be allocated for child support as stated in Family Code Section 4055(b)(3); H%= percentage of time the high earner parent has or will have physical custody of the child, compared to that of the other parent; and TN= total net monthly disposable income of both parties.

As a matter of practice, California family law courts arrive at the basic and additional child support payments by using the DISSOMASTER software, where relevant entries from the Income and Expense Declaration of each parent are entered, pursuant to standards contained in California Rule of Court 1258 (renumbered Rule 5:275).

After the formula child support is computed, the court may deviate from the formula amount of support by considering one or more of the five codified factors of: (1) parties’ stipulation to a different amount of child support; (2) deferred sale of family residence whose rental value exceeds mortgage payments, homeowner’s insurance, and property taxes; (3) parent’s extraordinary high income and formula amount of support exceeds needs of the child; (4) non-contribution to needs of the child commensurate with the parent’s custodial time; and (5) special circumstances causing application of the formula to be unjust or inappropriate, stated in Family Code Section 4057(b).

Mandatory and Discretionary
Add-ons To Child Support For
Child Care:

Family Code Section 4062(a) states the two (2) mandatory add-ons to child support, as “(1) child care costs related to employment or to reasonably necessary education or training for employment skills” of a parent; and “(2) reasonable uninsured health care costs for the children.”

And the two discretionary add-ons under Family Code Section 4062(b) are: “(1) costs related to the educational or other special needs of the children;” and “(2) travel expenses for visitation.”

The aforesaid add-ons are considered additional support for the children; and such child care costs may be apportioned one-half to each parent, or a different apportionment, if requested by either parent, in proportion to their net disposable incomes, pursuant to Family Code Section 4061.

Conclusion:

Whether mom or a custodial parent can get child care costs pursuant to Family Code Section 4062(a) and (b) depends on whether the child care costs are mandatory or discretionary add-ons to basic child support.

As mandatory, the Family Law Judge or Commissioner has no discretion not to grant child care costs related to employment or necessary education or training for employment skills for a parent and uninsured health care costs for the child

As discretionary, child care costs related to educational or other special needs of the children and travel expenses for visitation, the Judge or Commissioner may decide one way or the other, as long as no abuse of discretion is committed.

Finding the right way to care for aging members of the family can be tough job. There are a variety of online resources for researching your options so you can make a choice that will benefit everyone.

The aging of America has led to a booming industry providing for the care of our seniors. It has also led to difficulties with Medicare and dire threats of the collapse of Social Security. What is important however is that the medical establishment has responded in a variety of ways to support the special needs of people in their final years.

The omnibus site provided by the Department of Health and Human Services is. This site provides a thorough selection of choices for locating eldercare services in your community. The site is multilingual and provides both online support and phone numbers that can be utilized.

A sponsored site with good information can be found at. It is sponsored by QuietCare, a security warning device for seniors living at home. Nevertheless, the site has a good collection of “how to” articles for both seniors and those family members who feel charged with guiding them through the lifestyle changes leading to eldercare.

An extremely well organized site that provides the same guidance and a library of other online resources is at. This site takes the caregiver from first steps right through facility selection and legal issues. Perhaps the most valuable portion of the site is a list of related online sites, broken out by category. Divisions include Assisted Living; Food and Nutrition; Legal Issues; Equipment and Personal Health Supplies; Financial Issues; and several others. For each of these categories the site provides a dozen or more major web sites as references. A few are commercial; more of them, however, appear to be sites put up by professional associations in the industry or non-profits that give unbiased recommendations on resources.

There is a National Long Term Care Ombudsman Resource Center (ORC) established and supported by the Federal Government. This organization is an excellent starting point for localized resources. You can click on a map on their web site and select a state where you’ll find listings for such offices as the State and Regional Ombudsmen, Office of License (where you can check on Long Term Care facilities); Medicaid Fraud Control; and so forth. The site is located at.

Ancillary issues facing our senior population today is what sort of long term care insurance is best for them, and the question of whether or not they should pursue home equity conversion, a “reverse mortgage,” to finance their final years. There are increasing numbers of online resources relating to both these areas.

One site that covers both issues and several other related matters – such as wills, trusts and powers of attorney; assist technology and remote monitoring – is the National Care Planning Council’s Guide to Long Term Care Planning at. The site includes 35 in-depth chapters totaling over 670 printable pages covering virtually all areas of long-term care planning. It also provides numerous lists of care providers, advisers and specialized services in four categories of care needs. For the role of Medicare in Long Term Care, go to the government site at.

Finally, the AARP provides some basic information on reverse mortgages at. HUD has a reverse mortgage program that is insured by the FHA and is outlined at. Reverse mortgages are expensive, and not without complications. The FHA insists that reverse mortgages on loans they’ve insured not be provided without a counseling session between an FHA or HUD professional and the homeowners.

Ava has flute lessons at 4:00. Dad has a doctor’s appointment at 5:00. And you have no clue what you’re going to whip up for dinner. As a member of the sandwich generation-those who care for both their children as well as their aging parents-you’re in a unique situation. You’ll feel stress in your mind, your body, and even your pocketbook. This guide will help you assemble an eldercare solutions team that can make you feel a little less sandwiched.

Non-medical in-home care
In-home care providers are a favorite solution for many children caring for aging parents. These companies offer a wide variety of services designed to enhance to help your parent in the tasks of everyday living. Professional in-home care can provide assistance with bathing or toileting. They can also perform light housekeeping, such as changing linens or unloading groceries. What’s more, these companies offer companion eldercare solutions services. That means Dad has someone to play checkers with while you’re at a day-long conference.

Adult day care and other senior activities
From day trips to the local tourist trap to water aerobics, you can find a number of local services to keep Mom or Dad active. Church groups and social service agencies are two good sources for activity-related eldercare solutions. Your local agency on aging can also provide a list of resources for you to contact.

Family and Friends
Many of us have a circle of family and friends-and when it comes to caring for aging parents, it’s important to tap into that resource. Have a family meeting to decide how each person can help. Maybe your retired Aunt can become Mom’s taxi service. Perhaps your spouse can take over cooking one night a week. Teens can take on responsibility, too, by picking up prescriptions or taking over one of your typical household chores.

Even if your family consists simply of you and your aging parent, you can still find solutions to make your life less stressful. For instance, ask a neighbor to watch a movie with Dad while you slip away for dinner. If help with household stuff will help make caring for aging parents easier, ask a church youth group if they’d be willing to trim the fire bushes. Have a neighbor with a ladder? Exchange a home-cooked meal for clean gutters.

Professional Services
Caring for aging parents comes with a price tag, especially if you’re part of the sandwich generation. Experts estimate it costs more than $16,000 a year to pay for child care and elder care. That’s why it’s important to enlist the help of professionals who can help guide you through the numbers. Consult a financial advisor who has experience in eldercare solutions.

Remember to ask your parents about getting legal advice regarding living wills and medical powers of attorney. Putting these documents into place now, when your parent is still relatively health, can save the family future heartache and conflict when a serious illness strikes.

Don’t let the stress of raising children and caring for aging parents take its toll on your life. By planning and finding the right kind of help, you can find an eldercare solution you and your aging parent can live with.

Your parents need more help than they’re willing to admit. They bristle at the thought of elder care services and independent living programs, and they have fired all the in-home helpers and housekeepers you’ve hired for them. How might you prevail upon them to accept some assistance? Ask them about their pets.

They surely want the best for their animals and might be willing to let somebody take their dog for an occasional romp or change the litter box a couple of times a week.

Pet owners often make decisions about their own health and circumstances based on the impact the decisions would have on their pets. “I can’t go into the hospital over night for the test the doctor ordered-who would feed and walk Fluffy?” Your parents might welcome assistance that would make it easier to keep the animal at home and in good health and spirits. And, accepting help for the pet is easier than admitting you need help yourself. Still, help is help, and accepting help for the pet is a face-saving way to ease in to help for oneself.

There are various dog walking and pet sitting services, and some are fully bonded and insured. Local animal shelters and veterinary practices have referral lists. Neighbors with pets probably have recommendations too. A responsible teenage neighbor looking for pocket money might also be a good resource.

When was the last time your parents’ pet went to the vet for an exam and shots? Getting an animal into a carrier is hard enough for many pet owners in the prime of their-and their pet’s-life. It may well be impossible for your parents to catch the cat, put it in the carrier and carry the carrier to the car they shouldn’t be driving anyway.

The way to make assistance tolerable is to get clear and detailed information about what your parents want help with and how they want to be helped. Starting with a topic they’re willing to consider, help with a trip to the vet, you can follow this good experience with others like help with shopping and eventually with in-home help.

Do your parents want help with:

• Walking the pet
• Feeding and watering the pet
• Cleaning up after the pet, inside or out
• Getting the pet ready to go to the vet
• Taking the pet to the vet
• Staying with the pet if your parent is out of town or in the hospital?

No matter how experienced the provider of eldercare services is, he/she cannot anticipate each client’s preferences and may not ask in sufficient detail to get adequate information. Use these questions to help your parents get clear on exactly what they want help with and how they want to be helped, and to train the helper so he/she can provide elder care services they will accept.

Natural health treatments are best treated when the whole of you is taken into consideration. Typical health treatments isolate parts of you, dealing only with your eye, your big toe, you digestion, etc. But how can this make sense, bearing in mind the whole of you is all connected?

Let’s look at a more efficient way of considering the whole of you in your treatment.

Consider shock. Initially this can cause an increase in your heart rate, make you sweat more, make you extremely anxious, agitated and restless. Your body is preparing you for flight – to flee from a potentially dangerous situation. However, often shock comes after the danger has passed, such as in a bad accident. Fleeing is no longer necessary, although it would have resolved the shock.

This unresolved shock remains in your system forever, unless it is energetically treated. This can lead to ailments such as high blood pressure, panic attacks, heart conditions and other serious health issues.

But by resolving the shock with an energetic health care modality such as homeopathy, the related health issues are also resolved.

Homeopathy works at an energetic level, which is highly appropriate given that you are an energy being. Many people find this concept hard to understand, in this current climate where the focus of ill health is on the physical, or outside forces. However, natural treatments as a whole, and homeopathy in particular, understand that this is a very limited way of looking at health. And normally, an ineffective one.

It does mean a change of mindset. But given the fact that worldwide health is at an all time low even, or perhaps especially, in those countries where medicine has never been more available, it may be a long overdue change.

Riding a school bus to school in the mornings and the afternoons has been a tradition for many years now. It has always been a concern for parents on the first day their put their child on the bus because they worry about whether or not they will be afraid or if their safety should be a concern. Usually after the first couple of weeks it becomes routine and most parents never give it much thought after that.

However, in recent years there are a number of reasons that parents are having to be cautious when they have children that ride a school bus to and from their schools. This is because in recent years especially, there has been an alarming increase in the number of children that fight on the bus even as the bus drivers watch in their rear view mirror. There have been many serious incidents where children have been ganged up on by several other kids at one time.

Another concern that has just recently came to light is the risk of a child being molested on the bus by other children on the bus. Older students have been found guilty of molesting smaller kids as they ride to or from school. This is such a serious concern and fifty years ago such a thing occurring on a school bus would have been unthinkable.

There have also been incidents where small children have been accidentally left on the school bus in the morning after the run has been made. It is the responsibility of a bus driver to walk the entire length of the bus after each route has been finished to make sure there is no one left on the bus. Evidently this is not a practice all bus drivers care to make sure they do because when the bus is taken to a temporary parking place until the afternoon route, they were surprised to find a small child had fallen asleep in the morning and had been left on the bus all alone for the entire day. This can be a very dangerous and scary situation when a five or six year old wakes up all alone and is made to sit for hours in hunger and sometimes cold or very hot temperatures in a closed up and empty bus.

Even though the aid of cameras have been installed in many school buses around the country, these types of incidents are still continuing to rise overall. Parents need to take the time to get to know their child’s school bus driver and find out how responsible they might be. Be sure to ask your child about what is going on their school bus and if there are any suspicious things happening that they tell you about, take it to the school principal or even the school board to make sure your child’s bus ride is as safe as possible.

Traveling with “little ones” can be one of the most joyous events of all-it can also be one of the most stressful. Parent stress is usually high when traveling with small children or toddlers as children in this age bracket have multiple needs, short attention spans and are easily bored or agitated when cooped up for a long time. Traveling with children can be stressful, but with enough preparation and forethought you can ensure a relatively tears-free trip, for both you and your child.

Here are the 3 P’s to prepare you before traveling and alleviate parent stress:

Plan:
Planning… Planning… Planning, there is no escape from this. If adventurous, unplanned holidays gave you a high in the past remember one thing – they have to be forgotten when you have kids – else you will only create more parent stress. There are ways to reduce anxiety when traveling with little children, though it takes meticulous planning in advance and flexibility during the trip. Planning involves:
o deciding where to go to,
o how to go,
o what to do and know about the place you are visiting and
o how to be prepared for the travel.

For deciding where to go, ask your travel agent for family-friendly suggestions. See your doctor about vaccinations beforehand. The most important step is to decide how to travel. Take all the pros and cons of different modes of travel before deciding the mode of travel. Depending on the mode of travel, plan for stuff like breaks, overnight stays, availability of airport transit facilities etc so that you and your child are comfortable.

An important tip to relieve parent stress while traveling is to ensure that you have enough rest breaks. Do not jam-pack the trip with lots of activities; have days of relaxing so that your children do not feel very tired. Keeping your trip as simple as you can and it will reduce the number of problems.

Prepare:
Once you are through with planning a trip the next step is to prepare for the trip. This step involves actually mentally, physically and emotionally preparing you for the trip. Once you have decided on the place to travel and the mode of transport you will need to prepare for the following:

o How do you prepare for the place you are visiting?
o What sort of accommodation you want?
o What to bear in mind and prepare depending on the mode of travel?
o What do you need to carry with you?

Preparing for the place you are traveling requires you to know about the facilities that the place provides like supermarkets, availability of key food and hygiene brands required for your child, availability of medical care, what to avoid eating and drinking, where to avoid visiting etc. This research will help you to be better prepared for the trip and you would know what to expect.

The most important preparation is for the mode of transport. If you are traveling by air or train remember to:
o Purchase an extra ticket if you can afford, else request an aisle seat, which can give you more mobility and quicker access to your seat when boarding and de-boarding. Also, in case of air travel ask for bulkhead seats or seats near an exit to give your child a safe spot to play on the floor.
o Schedule the flight during night so that your baby sleeps most of the time.
o Allow more time for security checks, getting to the gates or your platform at the station, and unexpected events.
o Bring nutritious snacks for your kids and for yourself; you don’t want to be caught hungry with no food options in sight.

When traveling by car:
o Use appropriate restraints, such as seat-belts or car seats.
o Don’t stack items in a way that they fall all over if you have to brake suddenly.
o Use shade cloth to keep the sun from shining in your child’s face or wear sunscreen.
o Be prepared for plenty of toilet and rest stops are taken to reduce motion sickness. This needs to be planned in the travel. Also check with your doctor on the drugs you can give to your child to reduce motion sickness.

The last step in preparation is to decide what you should carry with you when you travel. Here the key tips are:
o First aid box containing items such as baby paracetamol, thermometer, anti-itching lotion, oral re-hydration preparation and band-aids. Also pack sunscreen, hats and insect repellent.
o Take sterilizing equipment if your child is bottle-fed.
o Pack, lots of toys that keep your child busy and not bored. Also avoid too much of sharing between kids, which can lead to quarrels.
o Prepare to carry loads of nutritious snacks and food when going out for sight seeing.
o Take your own stroller or pram, even though it is bulky.
o Take some familiar items from home – blanket, stuffed toy – this will keep your child occupied and give them some comfort.

Pursue:
The final step to relieving Parent Stress, while traveling is to pursue your plan and execute on it when you are on vacation. Before you even embark on your travel, if the baby is sick, postpone the travel – if they get sick during the travel try and cut the travel short. Actually visit the doctor and get all vaccinations and clear all doubts regarding the place you are visiting.

Before traveling, to help pack for the trip and to keep your child’s various supplies organized, it might be a good idea to make a personalized travel box for each child. If traveling by air, feed your baby or child when starting and towards end of the trip, as the frequent swallowing can help prevent the build-up of pressure inside the ears. Encourage your child to drink plenty of fluids to reduce the risk of dehydration. During the flight, stick to smaller and more frequent feedings. Also supervise flight attendants when they heat your meals for the child.

If traveling by car, make sure your child eats something before traveling, but avoid heavy or greasy foods. Entice your child to look out the window by pointing to several things along the way. Also try and have a few surprises up your sleeve, like a travel toy or game that can be opened only after you begin your travel. This will avoid boredom in travel for kids especially when doing long haul flights or long road/train journeys.

Once on holidays, take all precautions when visiting new places – like not leaving the child unattended, being vigilant about the potential dangers of unfamiliar places, such as not fenced swimming pools or balconies. Try to keep a little bit of familiar mealtime routine so that the kids do not get cranky. Ring ahead and check out for availability of children’s menu to avoid surprises and for younger kids prepare them to eat “jarred” or “tinned” baby food as fresh food might not always be available. Wherever possible, use disposable items and use any babysitting facilities at your hotel so you can have a break.

The most important thing, however, is to be flexible! Your baby won’t be able to have the same sleeps, so if you think the baby is tired, take a day off. Use the extra days you have planned to relax and don’t pack them with more travel.

For kids above five years, you can allow them to choose some items to pack or provide them with a choice of seat or allow them to move around the platform or terminal while waiting for next train or flight. This will help them gain a sense of control in the experience and they will be lot better behaved and less bored. Finally maintain a cool head during the trip. Remember to focus your attention on the trip itself and all the fun that comes with it, rather than on the hassles of travel as these hassles are short lived. This way you can have a wonderful time with your family.

Emo fashion has changed over the years. While there are some basic generalizations across the board, the emo fashion style has changed from a pretty tight dress code to a much more relaxed style that encompasses a variety of different elements.

It’s still a popular trend among emos to flat iron their hair as straight as humanly possible. The dramatic side swooping band covering one eye is no longer a huge trend in the emo culture, though many still have long bands going across one side of the face. A few additional hairstyles have been added to the repertoire of guy emo hairstyles, like spiking the back of the hair. The female emo hairstyle hasn’t changed much and still retains its Elvira like appearance.

While many emos still dye their hair black, it’s no longer a hardcore requirement for the style. There are quite a few emos out there that dye their hair platinum blonde instead. It seems to have become more about how you wear your hair than what color your hair is. The newest hot female emo hair accessory is multi-colored hair extensions. In fact, coloring part of your hair a radical color was quite the trend for a while.

Fewer emo guys wear guy liner now than when the emo trend originally became popular. Like many of the original emo fashion trends it has faded into the background.

Tight clothing is still very much in style with the emo culture, though much of it has taken a more modern look. Stripes are popular in emo fashion as well as stars, hearts, skulls, nautical stars, and sparrows. Emo females typically wear more trendy fashion as opposed to the original vintage style.

Piercings have also seen an expanded horizon. Many emos have gone from a single lip piercing to snake bites. Hip piercing has also recently become popular.

There’s really no telling how much more the emo fashion style will evolve. Unlike many other fashion styles the stability of emo culture changes as time passes. Some imagine that it will fade out completely with time. Until it does though, it will certainly be interesting to keep an eye on the rising and falling trends

Planning a big night on the town can turn into a big pain in the neck when more than a few people are involved. Between selecting where to go and what to do, few adults have the time to think about who will serve as the designated driver or drivers. When party bus rentals are considered, this concern is eliminated and quite a few other perks are delivered, as well.

Looking into party bus rentals makes sense for everything from prom night to bachelor parties and beyond. Whether the party is in Los Angeles, Las Vegas or elsewhere, these buses can really help ensure the fun continues without any hassle.

Some of the top reasons to look into party bus rentals for small-to-medium-sized parties include:

· Convenience. It is often much easier to look into party bus rentals than to try and figure out who will do the driving. When these services are used, it is even possible to make arrangements for everyone in the party to be picked up and then dropped back off at their own homes at the end of the evening. It doesn’t get easier than that.

· Onboard entertainment. The rules of the road for drinking in regard to party bus rentals might vary from state to state, but the fact of the matter is the fun can continue en route. With many party bus rentals offering onboard restrooms, TV/DVD combos and rather nice sound systems, getting there can be half the fun.

· Professional drivers. Party bus rentals always come with professional drivers at the wheel. This takes worry out of the proposition and puts the burden of dealing with traffic on a pro who knows how to handle the job. In big cities like Los Angeles and Las Vegas, this can be a real big hassle that’s instantly removed. In some cases, party bus rentals come with drivers who also know how to jazz up the ride by providing tour information, onboard entertainment and more.

· Logistical simplicity. It is infinitely easier to put an entire party onto a bus and have everyone stay together at multiple stops along the way. When party bus rentals are used, everyone arrives at the same time.

· Economical. In most cases, it is very economical to look at party bus rentals versus driving a number of private vehicles. When the hassles that are removed from a party are considered, the cost savings really can amount to a lot.

· Safer. When adults are looking at party bus rentals for big occasions, it is generally just plain smart and a whole lot safer to let someone else drive. This ensures that everyone can have a good time and leave the concerns about drinking behind. When door-to-door service is added into the mix, the benefits really add up.

Party bus rentals in California, Georgia and elsewhere make a great deal of sense for small parties and large. When getting there is half the fun, these rentals can very much shine.

A prenuptial agreement, also called a “pre-nup”, or “premarital agreement”, is an agreement made by couples planning to get married. The pre-nup governs how issues such as dividing marital assets, and alimony will be dealt with if the marriage should end in a divorce.

Without a prenuptial or post-nuptial agreement, a divorced couple’s property will be divided and any maintenance awarded in accordance with Nevada statutes and case law. Any couple looking to save themselves from the circus called, divorce court, should seriously consider a pre-nup. Such an agreement is especially important if one or both parties are on their second or subsequent marriage, if they have children from a previous marriage, or have significant personal assets which they do not want to be subject to the whims of a family court judge.

Are Prenuptial Agreements Enforceable in Divorce Court?

Yes, unless there are defects in their negotiation or content. Originally, most states would not enforce prenuptial agreements because they felt such agreements were “in derogation of marriage”, meaning the agreements work against the principle of married for life. However, in the early seventies, following other states, Nevada held prenuptial agreements to be generally enforceable in, Buettner v. Buettner, 1973. So your agreement will be enforceable if it is properly done.

Why Draft a Prenup?

The most important reason to draft a pre-nup is to save you time and money, if your marriage ends in divorce. By agreeing to terms now, when you love each other, the divorce tends to run simpler, when the bliss has worn off. With a prenuptial agreement you know how things are going to be divided. Giving you peace of mind and costing you drastically less money in divorce attorney fees.

Pre-nups are not romantic. Approaching the conversation is a buzz kill. Most couples find it difficult to discuss the ending of a marriage. You’re in love, and going to be married forever. Why would you need a divorce agreement? Because like life, divorce happens. You have less of a chance of finding your home on fire, and yet you buy home insurance. Signing a pre-nup is not dooming your marriage. Many couples feel siging a pre-nup solidifies each other’s marriage commitments.

What’s in a Prenuptial Agreement?

In 1989, Nevada adopted the Uniform Premarital Agreements Act (UPAA), which can be found in the Nevada Revised Statutes at Title 123A. Under the UPAA, parties to a prenuptial agreement are allowed to agree with regard to:

1. Rights of property which the parties already have or might acquire during the marriage;
2. Any rights to buy, sell, lease or mortgage such property;
3. The disposition of property upon separation, divorce, or death of one of the parties;
4. Alimony; and
5. Any other rights and obligations of the parties which are allowed to be governed by private contract, i.e. are not governed by statute.

Separate property is the main focus of most prenuptial agreements. If you are coming into a marriage with real estate, retirement accounts, or cash, you might want to keep these assets separate from your community property. Community property is divided equally if a divorce happens. Separate property is not divided. A pre-nup often includes a waiver by both parties of any rights in property the other spouse acquired before the marriage. This is important if you who wish to preserve the assets they bring into a marriage.

Couples can also agree that property acquired by one partner after the marriage, which would ordinarily become community property, will remain the separate property of that spouse. For example, you might be halfway to earning a huge bonus, stock options, or maybe a future book deal. By agreeing these assets are to remain separate property you limit this argument in court.

A pre-nup may include language about limiting alimony (aka spousal support) in the case of a divorce. We are even seeing an increase in “fidelity clauses” being linked to spousal support. If a spouse has an affair the spousal support can be limited or increased, depending on your wishes. However, if the elimination or modification of alimony for a spouse results in that spouse needing public assistance, a court may disregard this portion of the agreement.

Two subjects of major concern to many couples contemplating marriage cannot be governed by prenuptial agreements: child custody and child support. By Nevada law, a court must decide these matters based on the standard of the best interests of the child and specific factors at the time of the decision. A premarital agreement signed before children are born would be unable to discuss the future factors. So, any private agreement between the parties on these subjects will not be binding.

When are Pre-Nups Not Enforced?

Prenuptial agreements are contracts between spouses. Like all contracts, in order to be binding, an agreement must be entered into by both parties knowingly and without any coercion, duress or fraud. Because of the closeness of the relationship between engaged persons, courts scrutinize prenuptial agreements especially closely.

First, the agreement must be entered into voluntarily. This means the agreement is not valid if one of the parties executed it under “duress,” a legal term meaning “pressure.” Agreements are often executed under some type of pressure; therefore, not every type of pressure will constitute duress.

While threats of physical violence or blackmail would clearly constitute duress, time between signing the agreement and the wedding date is the biggest culprit. Courts will void a pre-nup because the bride felt pressure to sign a pre-nup three days before the wedding. The typical cause being the emotional stress of having to cancel the wedding, and explain to hundreds of guests why the wedding was canceled. It’s not a gun to the head, but just as scary for some.

The threat of calling off the wedding is not always enough to be duress. Most courts reason that a party has a legal right to call off a wedding at any time. The courts look for other factors such as the unavailability of legal counsel for one spouse, or a one-sided agreement. For more examples of what constitutes duress, see “Voluntary Consent in Prenuptial Agreements”.

It is advisable for couples to allow plenty of time to negotiate and draft an agreement. To avoid the issue of duress being raised in the event of a divorce, couples should again allow several weeks, and even a month or so before the wedding date, for the process of negotiating and executing the agreement. Each side should also consult their own attorney.

Second, the agreement must be entered into “knowingly.” The UPAA requires that both parties be provided a “fair and reasonable disclosure” of the property and financial obligations of the other party. This means that income, real property, bank accounts, investments and all debts must be disclosed. This requirement underscores the advisability of allowing adequate time for consideration of the agreement.

The Nevada Supreme Court has held that where the husband failed to make the disclosures necessary to permit the wife to make an informed decision with respect to the premarital agreement, the agreement is invalid, Fick v. Fick, 1993. The court held that an incomplete list of the husband’s assets, given to the wife shortly before the wedding, and on the basis of which the wife signed the prenuptial agreement, did not constitute full disclosure.

Third, the agreement must be entered into without the presence of fraud. Fraud occurs when a party deliberately or negligently misleads the other party. Obviously, deliberately misstating or concealing one’s financial information would constitute fraud. However, as stated above prenuptial agreements are held to a higher degree of scrutiny than regular commercial contracts; courts require a high degree of honesty on the part of each party, called a fiduciary duty to the other party. Therefore, if the resulting agreement is excessively one-sided, courts will presume the existence of fraud, and, unless this presumption is rebutted in court, will invalidate the agreement.

In Sogg v. Nevada State Bank, the Nevada Supreme Court concluded that a premarital agreement would be presumed fraudulent where it left a wife with no resources or means of support in the event of a divorce, and where the wife probably would have received more under the community property laws of Nevada were it not for the premarital agreement.

The presumption may be overcome by a showing that the party claiming disadvantage was not in fact disadvantaged. Factors to consider include whether the disadvantaged party (1) had ample opportunity to obtain the advice of an independent attorney, (2) was not coerced into making a rash decision by circumstances, (3) had substantial business experience and acumen, and (4) was aware of the financial resources of the other party and understood the rights that were being forfeited.

The court in Sogg, held that where the premarital agreement was drafted by the husband’s attorney, the wife was never given an opportunity to obtain the assistance of her own counsel, was not given a copy of the agreement until the morning of the wedding, and the wife’s business experience was scanty. The court held that the presumption of fraud was not overcome, and the agreement was invalid.
Fair Pre-Nups

A contract is “unconscionable” if it is so one-sided as to be fundamentally unfair. In some states, a prenuptial agreement will be upheld even if it is one-sided and is a bad bargain for one of the parties, as long as it is made voluntarily and with full disclosure by each party. However, the Nevada Supreme Court doesn’t lean this way. In the Fick case, the court took into account the results of the agreement. It invalidated the agreement partly because the agreement eliminated alimony for the wife, which she would have been entitled to, and gave the wife much less community property than she would have received under community property laws. This indicates that Nevada courts will look at the substantive outcome of an agreement in determining fairness and validity.

It is apparent the reasons prenuptial agreements will be rendered unenforceable tend to overlap. In practice, facts which indicate there was not adequate disclosure by a party or which indicate the presence of duress may also be used to find fraud, unconscionably, etc. The overall lesson for couples is therefore: allow sufficient time for negotiation; have separate divorce lawyers available for both parties, disclose all assets, financial information and anything else the other party might reasonably want to know, and to attempt to treat the other spouse as fairly possible.

Banking Fraud is posing threat to Indian Economy. Its vibrant effect can be understood be the fact that in the year 2004 number of Cyber Crime were 347 in India which rose to 481 in 2005 showing an increase of 38.5% while I.P.C. category crime stood at 302 in 2005 including 186 cases of cyber fraud and 68 cases cyber forgery. Thus it becomes very important that occurrence of such frauds should be minimized. More upsetting is the fact that such frauds are entering in Banking Sector as well.

In the present day, Global Scenario Banking System has acquired new dimensions. Banking did spread in India. Today, the banking system has entered into competitive markets in areas covering resource mobilization, human resource development, customer services and credit management as well.

Indian’s banking system has several outstanding achievements to its credit, the most striking of which is its reach. In fact, Indian banks are now spread out into the remotest areas of our country. Indian banking, which was operating in a highly comfortable and protected environment till the beginning of 1990s, has been pushed into the choppy waters of intense competition.

A sound banking system should possess three basic characteristics to protect depositor’s interest and public faith. Theses are (i) a fraud free culture, (ii) a time tested Best Practice Code, and (iii) an in house immediate grievance remedial system. All these conditions are their missing or extremely weak in India. Section 5(b) of the Banking Regulation Act, 1949 defines banking… “Banking is the accepting for the purpose of lending or investment, deposits of money from the purpose of lending or investment, deposits of money from the public, repayable on demand or otherwise and withdraw able by cheque, draft, order or otherwise.” But if his money has fraudulently been drawn from the bank the latter is under strict obligation to pay the depositor. The bank therefore has to ensure at all times that the money of the depositors is not drawn fraudulently. Time has come when the security aspects of the banks have to be dealt with on priority basis.

The banking system in our country has been taking care of all segments of our socioeconomic set up. The Article contains a discussion on the rise of banking frauds and various methods that can be used to avoid such frauds. A bank fraud is a deliberate act of omission or commission by any person carried out in the course of banking transactions or in the books of accounts, resulting in wrongful gain to any person for a temporary period or otherwise, with or without any monetary loss to the bank. The relevant provisions of Indian Penal Code, Criminal Procedure Code, Indian Contract Act, and Negotiable Instruments Act relating to banking frauds has been cited in the present Article.

EVOLUTION OF BANKING SYSTEM IN INDIA

Banking system occupies an important place in a nation’s economy. A banking institution is indispensable in a modern society. It plays a pivotal role in economic development of a country and forms the core of the money market in an advanced country.

Banking industry in India has traversed a long way to assume its present stature. It has undergone a major structural transformation after the nationalization of 14 major commercial banks in 1969 and 6 more on 15 April 1980. The Indian banking system is unique and perhaps has no parallels in the banking history of any country in the world.

RESERVE BANK OF INDIA-ECONOMIC AND SOCIAL OBJECTIVE

The Reserve Bank of India has an important role to play in the maintenance of the exchange value of the rupee in view of the close interdependence of international trade and national economic growth and well being. This aspect is of the wider responsibly of the central bank for the maintenance of economic and financial stability. For this the bank is entrusted with the custody and the management of country’s international reserves; it acts also as the agent of the government in respect of India’s membership of the international monetary fund. With economic development the bank also performs a variety of developmental and promotional functions which in the past were registered being outside the normal purview of central banking. It also acts an important regulator.

BANK FRAUDS: CONCEPT AND DIMENSIONS

Banks are the engines that drive the operations in the financial sector, which is vital for the economy. With the nationalization of banks in 1969, they also have emerged as engines for social change. After Independence, the banks have passed through three stages. They have moved from the character based lending to ideology based lending to today competitiveness based lending in the context of India’s economic liberalization policies and the process of linking with the global economy.

While the operations of the bank have become increasingly significant banking frauds in banks are also increasing and fraudsters are becoming more and more sophisticated and ingenious. In a bid to keep pace with the changing times, the banking sector has diversified it business manifold. And the old philosophy of class banking has been replaced by mass banking. The challenge in management of social responsibility with economic viability has increased.

DEFINITION OF FRAUD

Fraud is defined as “any behavior by which one person intends to gain a dishonest advantage over another”. In other words , fraud is an act or omission which is intended to cause wrongful gain to one person and wrongful loss to the other, either by way of concealment of facts or otherwise.

Fraud is defined u/s 421 of the Indian Penal Code and u/s 17 of the Indian Contract Act. Thus essential elements of frauds are:

1. There must be a representation and assertion;

2. It must relate to a fact;

3. It must be with the knowledge that it is false or without belief in its truth; and

4. It must induce another to act upon the assertion in question or to do or not to do certain act.

BANK FRAUDS

Losses sustained by banks as a result of frauds exceed the losses due to robbery, dacoity, burglary and theft-all put together. Unauthorized credit facilities are extended for illegal gratification such as case credit allowed against pledge of goods, hypothecation of goods against bills or against book debts. Common modus operandi are, pledging of spurious goods, inletting the value of goods, hypothecating goods to more than one bank, fraudulent removal of goods with the knowledge and connivance of in negligence of bank staff, pledging of goods belonging to a third party. Goods hypothecated to a bank are found to contain obsolete stocks packed in between goods stocks and case of shortage in weight is not uncommon.

An analysis made of cases brings out broadly the under mentioned four major elements responsible for the commission of frauds in banks.

1. Active involvement of the staff-both supervisor and clerical either independent of external elements or in connivance with outsiders.

2. Failure on the part of the bank staff to follow meticulously laid down instructions and guidelines.

3. External elements perpetuating frauds on banks by forgeries or manipulations of cheques, drafts and other instruments.

4. There has been a growing collusion between business, top banks executives, civil servants and politicians in power to defraud the banks, by getting the rules bent, regulations flouted and banking norms thrown to the winds.

FRAUDS-PREVENTION AND DETECTION

A close study of any fraud in bank reveals many common basic features. There may have been negligence or dishonesty at some stage, on part of one or more of the bank employees. One of them may have colluded with the borrower. The bank official may have been putting up with the borrower’s sharp practices for a personal gain. The proper care which was expected of the staff, as custodians of banks interest may not have been taken. The bank’s rules and procedures laid down in the Manual instructions and the circulars may not have been observed or may have been deliberately ignored.

Bank frauds are the failure of the banker. It does not mean that the external frauds do not defraud banks. But if the banker is upright and knows his job, the task of defrauder will become extremely difficult, if not possible.

Detection of Frauds

Despite all care and vigilance there may still be some frauds, though their number, periodicity and intensity may be considerably reduced. The following procedure would be very helpful if taken into consideration:

1. All relevant data-papers, documents etc. Should be promptly collected. Original vouchers or other papers forming the basis of the investigation should be kept under lock and key.

2. All persons in the bank who may be knowing something about the time, place a modus operandi of the fraud should be examined and their statements should be recorded.

3. The probable order of events should thereafter be reconstructed by the officer, in his own mind.

4. It is advisable to keep the central office informed about the fraud and further developments in regard thereto.

Classification of Frauds and Action Required by Banks

The Reserve Bank of India had set-up a high level committee in 1992 which was headed by Mr. A… Ghosh, the then Dy. Governor Reserve Bank of India to inquire into various aspects relating to frauds malpractice in banks. The committee had noticed/observed three major causes for perpetration of fraud as given hereunder:

1. Laxity in observance of the laid down system and procedures by operational and supervising staff.

2. Over confidence reposed in the clients who indulged in breach of trust.

3. Unscrupulous clients by taking advantages of the laxity in observance of established, time tested safeguards also committed frauds.

In order to have uniformity in reporting cases of frauds, RBI considered the question of classification of bank frauds on the basis of the provisions of the IPC.
Given below are the Provisions and their Remedial measures that can be taken.

1. Cheating (Section 415, IPC)

Remedial Measures.

The preventive measures in respect of the cheating can be concentrated on cross-checking regarding identity, genuineness, verification of particulars, etc. in respect of various instruments as well as persons involved in encashment or dealing with the property of the bank.

2. Criminal misappropriation of property (Section 403 IPC).

Remedial Measure

Criminal misappropriation of property, presuppose the custody or control of funds or property, so subjected, with that of the person committing such frauds. Preventive measures, for this class of fraud should be taken at the level the custody or control of the funds or property of the bank generally vests. Such a measure should be sufficient, it is extended to these persons who are actually handling or having actual custody or control of the fund or movable properties of the bank.

3. Criminal breach of trust (Section 405, IPC)

Remedial Measure

Care should be taken from the initial step when a person comes to the bank. Care needs to be taken at the time of recruitment in bank as well.

4. Forgery (Section 463, IPC)

Remedial Measure

Both the prevention and detection of frauds through forgery are important for a bank. Forgery of signatures is the most frequent fraud in banking business. The bank should take special care when the instrument has been presented either bearer or order; in case a bank pays forged instrument he would be liable for the loss to the genuine costumer.

5. Falsification of accounts (Section 477A)

Remedial Measure

Proper diligence is required while filling of forms and accounts. The accounts should be rechecked on daily basis.

6. Theft (Section 378, IPC)

Remedial Measures

Encashment of stolen’ cheque can be prevented if the bank clearly specify the age, sex and two visible identify action marks on the body of the person traveler’s cheques on the back of the cheque leaf. This will help the paying bank to easily identify the cheque holder. Theft from lockers and safe deposit vaults are not easy to commit because the master-key remains with the banker and the individual key of the locker is handed over to the costumer with due acknowledgement.

7. Criminal conspiracy (Section 120 A, IPC)

In the case of State of Andhra Pradesh v. IBS Prasad Rao and Other, the accused, who were clerks in a cooperative Central Bank were all convicted of the offences of cheating under Section 420 read along with Section 120 A. all the four accused had conspired together to defraud the bank by making false demand drafts and receipt vouchers.

8. Offences relating to currency notes and banks notes (Section 489 A-489E, IPC)
These sections provide for the protection of currency-notes and bank notes from forgery. The offences under section are:

(a) Counterfeiting currency notes or banks.

(b) Selling, buying or using as genuine, forged or counterfeit currency notes or bank notes. Knowing the same to be forged or counterfeit.

(c) Possession of forged or counterfeit currency notes or bank-notes, knowing or counterfeit and intending to use the same as genuine.

(d) Making or passing instruments or materials for forging or counterfeiting currency notes or banks.

(e) Making or using documents resembling currency-notes or bank notes.

Most of the above provisions are Cognizable Offenses under Section 2(c) of the Code of Criminal Procedure, 1973.

FRAUD PRONE AREAS IN DIFFERENT ACCOUNTS

The following are the potential fraud prone areas in Banking Sector. In addition to those areas I have also given kinds of fraud that are common in these areas.

Savings Bank Accounts

The following are some of the examples being played in respect of savings bank accounts:

(a) Cheques bearing the forged signatures of depositors may be presented and paid.

(b) Specimen signatures of the depositors may be changed, particularly after the death of depositors,

(c) Dormant accounts may be operated by dishonest persons with or without collusion of bank employees, and

(d) Unauthorized withdrawals from customer’s accounts by employee of the bank maintaining the savings ledger and later destruction of the recent vouchers by them.

Current Account Fraud

The following types are likely to be committed in case of current accounts.

(a) Opening of frauds in the names of limited companies or firms by unauthorized persons;

(b) Presentation and payment of cheques bearing forged signatures;

(c) Breach of trust by the employees of the companies or firms possessing cheque leaves duly signed by the authorized signatures;

(d) Fraudulent alteration of the amount of the cheques and getting it paid either at the counter or though another bank.

Frauds In Case Of Advances

Following types may be committed in respect of advances:

(a) Spurious gold ornaments may be pledged.

(b) Sub-standard goods may be pledged with the bank or their value may be shown at inflated figures.
(c) Same goods may be hypothecated in favour of different banks.

LEGAL REGIME TO CONTROL BANK FRAUDS

Frauds constitute white-collar crime, committed by unscrupulous persons deftly advantage of loopholes existing in systems/procedures. The ideal situation is one there is no fraud, but taking ground realities of the nation’s environment and human nature’s fragility, an institution should always like to keep the overreach of frauds at the minimum occurrence level.

Following are the relevant sections relating to Bank Frauds

Indian Penal Code (45 of 1860)

(a) Section 23 “Wrongful gain”.-

“Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled.

(b) “Wrongful loss”

“Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled.
(c) Gaining wrongfully.

Losing wrongfully-A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.

(d) Section 24. “Dishonestly”

Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”.

(e) Section 28. “Counterfeit”

A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced.

BREACH OF TRUST

1. Section 408- Criminal breach of trust by clerk or servant.

2. Section 409- Criminal breach of trust by public servant, or by banker, merchant or agent.

3. Section 416- Cheating by personating

4. Section 419- Punishment for cheating by personation.

OFFENSES RELATING TO DOCUMENTS

1) Section 463-Forgery

2) Section 464 -Making a false document

3) Section 465- Punishment for forgery.

4) Section 467- Forgery of valuable security, will, etc

5) Section 468- Forgery for purpose of cheating

6) Section 469- Forgery for purpose of harming reputation

7) Section 470- Forged document.

8) Section 471- Using as genuine a forged document

9) Section 477- Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.

10) Section 477A- Falsification of accounts.

THE RESERVE BANK OF INDIA ACT, 1934

Issue of demand bills and notes Section 31.

Provides that only Bank and except provided by Central Government shall be authorized to draw, accept, make or issue any bill of exchange, hundi, promissory note or engagement for the payment of money payable to bearer on demand, or borrow, owe or take up any sum or sums of money on the bills, hundis or notes payable to bearer on demand of any such person

THE NEGOTIABLE INSTRUMENTS ACT, 1881

Holder’s right to duplicate of lost bill Section 45A.

1. The finder of lost bill or note acquires no title to it. The title remains with the true owner. He is entitled to recover from the true owner.

2. If the finder obtains payment on a lost bill or note in due course, the payee may be able to get a valid discharge for it. But the true owner can recover the money due on the instrument as damages from the finder.

Section 58

When an Instrument is obtained by unlawful means or for unlawful consideration no possessor or endorse who claims through the person who found or so obtained the instrument is entitled to receive the amount due thereon from such maker, accept or holder, or from any party prior to such holder, unless such possessor or endorse is, or some person through whom he claims was, a holder thereof in due course.

Section 85:

Cheque payable to order.

1. By this section, bankers are placed in privileged position. It provides that if an order cheque is endorsed by or on behalf of the payee, and the banker on whom it is drawn pays it in due course, the banker is discharged. He can debit his customer with the amount so paid, though the endorsement of the payee might turn out to be a forgery.

2. The claim protection under this section the banker has to prove that the payment was a payment in due course, in good faith and without negligence.

Section 87. Effect of material alteration

Under this section any alteration made without the consent of party would be void. Alteration would be valid only if is made with common intention of the party.

Section 138. Dishonour of cheque for insufficiency, etc., of funds in the account.

Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid. either because of the amount of money standing to the credit of that account is insufficient to honor the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offense and shall, without prejudice.

Section 141(1) Offenses by companies.

If the person committing an offense under Section 138 is a company, every person who, at the time the offense was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offense and shall be liable to be proceeded against and punished accordingly.

SECURITY REGIME IN BANKING SYSTEM

Security implies sense of safety and of freedom from danger or anxiety. When a banker takes a collateral security, say in the form of gold or a title deed, against the money lent by him, he has a sense of safety and of freedom from anxiety about the possible non-payment of the loan by the borrower. These should be communicated to all strata of the organization through appropriate means. Before staff managers should analyze current practices. Security procedure should be stated explicitly and agreed upon by each user in the specific environment. Such practices ensure information security and enhance availability. Bank security is essentially a defense against unforced attacks by thieves, dacoits and burglars.

PHYSICAL SECURITY MEASURES-CONCEPT

A large part of banks security depends on social security measures. Physical security measures can be defined as those specific and special protective or defensive measures adopted to deter, detect, delay, defend and defeat or to perform any one or more of these functions against culpable acts, both covert and covert and acclamation natural events. The protective or defensive, measures adopted involve construction, installation and deployment of structures, equipment and persons respectively.

The following are few guidelines to check malpractices:

1. To rotate the cash work within the staff.

2. One person should not continue on the same seat for more than two months.

3. Daybook should not be written by the Cashier where an other person is available to the job

4. No cash withdrawal should be allowed within passbook in case of withdrawal by pay order.

5. The branch manager should ensure that all staff members have recorder their presence in the attendance registrar, before starting work.

Execution of Documents

1. A bank officer must adopt a strict professional approach in the execution of documents. The ink and the pen used for the execution must be maintained uniformly.

2. Bank documents should not be typed on a typewriter for execution. These should be invariably handwritten for execution.

3. The execution should always be done in the presence of the officer responsible for obtain them,
4. The borrowers should be asked to sign in full signatures in same style throughout the documents.

5. Unless there is a specific requirement in the document, it should not be got attested or witnessed as such attestation may change the character of the instruments and the documents may subject to ad volrem stamp duty.

6. The paper on which the bank documents are made should be pilfer proof. It should be unique and available to the banks only.

7. The printing of the bank documents should have highly artistic intricate and complex graphics.

8. The documents executed between Banker and Borrowers must be kept in safe custody,

CHANGES IN LEGISLATION AFTER ELECTRONIC TRANSACTIONS

1. Section 91 of IPC shall be amended to include electronic documents also.

2. Section 92 of Indian Evidence Act, 1872 shall be amended to include commuter based communications

3. Section 93 of Bankers Book Evidence Act, 1891 has been amended to give legal sanctity for books of account maintained in the electronic form by the banks.

4. Section 94 of the Reserve Bank of India Act, 1939 shall be amended to facilitate electronic fund transfers between the financial institutions and the banks. A new clause (pp) has been inserted in Section 58(2).

RECENT TRENDS OF BANKING SYSTEM IN INDIA

In the banking and financial sectors, the introduction of electronic technology for transactions, settlement of accounts, book-keeping and all other related functions is now an imperative. Increasingly, whether we like it or not, all banking transactions are going to be electronic. The thrust is on commercially important centers, which account for 65 percent of banking business in terms of value. There are now a large number of fully computerized branches across the country.

A switchover from cash-based transactions to paper-based transactions is being accelerated. Magnetic Ink character recognition clearing of cheques is now operational in many cities, beside the four metro cities. In India, the design, management and regulation of electronically-based payments system are becoming the focus of policy deliberations. The imperatives of developing an effective, efficient and speedy payment and settlement systems are getting sharper with introduction of new instruments such as credit cards, telebanking, ATMs, retail Electronic Funds Transfer (EFT) and Electronic Clearing Services (ECS). We are moving towards smart cards, credit and financial Electronic Data Interchange (EDI) for straight through processing.

Financial Fraud (Investigation, Prosecution, Recovery and Restoration of property) Bill, 2001

Further the Financial Fraud (Investigation, Prosecution, Recovery and Restoration of property) Bill, 2001 was introduced in Parliament to curb the menace of Bank Fraud. The Act was to prohibit, control, investigate financial frauds; recover and restore properties subject to such fraud; prosecute for causing financial fraud and matters connected therewith or incidental thereto.

Under the said act the term Financial Fraud has been defined as under:

Section 512 – Financial Fraud

Financial frauds means and includes any of the following acts committed by a person or with his connivance, or by his agent, in his dealings with any bank or financial institution or any other entity holding public funds;

1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

2. The active concealment of a fact by one having knowledge or belief of the fact;

3. A promise made with out any intention of performing it;

4. Any other act fitted to deceive;

5. Any such act or omission as the law specially declares to be fraudulent.
Provided that whoever acquires, possesses or transfers any proceeds of financial fraud or enters into any transaction which is related to proceeds of fraud either directly or indirectly or conceals or aids in the concealment of the proceeds of financial fraud, commits financial fraud.

513(a) – Punishment for Financial Fraud

Whoever commits financial fraud shall be: (a) Punished with rigorous imprisonment for a term, which may extend to seven years and shall also be liable to fine.

(b)Whoever commits serious financial fraud shall be punished with rigorous imprisonment for a term which may extend to ten years but shall not be less than five years and shall also be liable for fine up to double the amount involved in such fraud.

Provided that in both (a) and (b) all funds, bank accounts and properties acquired using such funds subjected to the financial fraud as may reasonably be attributed by the investigating agency shall be recovered and restored to the rightful owner according to the procedure established by law.

CONCLUSION

The Indian Banking Industry has undergone tremendous growth since nationalization of 14 banks in the year 1969. There has an almost eight times increase in the bank branches from about 8000 during 1969 to mote than 60,000 belonging to 289 commercial banks, of which 66 banks are in private sector.

It was the result of two successive Committees on Computerization (Rangarajan Committee) that set the tone for computerization in India. While the first committee drew the blue print in 1983-84 for the mechanization and computerization in banking industry, the second committee set up in 1989 paved the way for integrated use of telecommunications and computers for applying technogical breakthroughs in banking sector.

However, with the spread of banking and banks, frauds have been on a constant increase. It could be a natural corollary to increase in the number of customers who are using banks these days. In the year 2000 alone we have lost Rs 673 crores in as many as 3,072 number of fraud cases. These are only reported figures. Though, this is 0.075% of Rs 8,96,696 crores of total deposits and 0.15% of Rs 4,44,125 crores of loans & advances, there are any numbers of cases that are not reported. There were nearly 65,800 bank branches of a total of 295 commercial banks in India as on June 30, 2001 reporting a total of nearly 3,072 bank fraud cases. This makes nearly 10.4 frauds per bank and roughly 0.47 frauds per branch.

An Expert Committee on Bank Frauds (Chairman: Dr.N.L.Mitra) submitted its Report to RBI in September 2001. The Committee examined and suggested both the preventive and curative aspects of bank frauds.

The important recommendations of the Committee include:

o A need for including financial fraud as a criminal offense;

o Amendments to the IPC by including a new chapter on financial fraud;

o Amendments to the Evidence Act to shift the burden of proof on the accused person;

o Special provision in the Cr. PC for properties involved in the Financial Fraud.

o Confiscating unlawful gains; and preventive measures including the development of Best Code Procedures by banks and financial institutions.

Thus it can be concluded that following measures should necessarily be adopted by the Ministry of Finance in order to reduce cases of Fraud.

o There must be a Special Court to try financial fraud cases of serious nature.

o The law should provide separate structural and recovery procedure. Every bank must have a domestic inquiry officer to enquirer about the civil dimension of fraud.

o A fraud involving an amount of ten crore of rupees and above may be considered serious and be tried in the Special Court.

The Twenty-ninth Report of the Law Commission had dealt some categories of crimes one of which is “offenses calculated to prevent and obstruct the economic development of the country and endanger its economic health.” Offenses relating to Banking Fraud will fall under this category. The most important feature of such offenses is that ordinarily they do not involve an individual direct victim. They are punishable because they harm the whole society. It is clear that money involved in Bank belongs to public. They deposit there whole life’ security in Banks and in case of Dacoity or Robbery in banks the public will be al lost. Thus it is important that sufficient efforts should be taken in this regard.

There exists a new kind of threat in cyber world. Writers are referring it as “Salami Attack” under this a special software is used for transferring the amount from the account of the individual. Hence the culprits of such crimes should be found quickly and should be given strict punishment. Moreover there is requirement of more number of IT professionals who will help in finding a solution against all these security threats.

Quality and affordability does not usually come hand in hand in almost all things. For one to get good quality things, most likely he or she needs to spend a lot. But that is not always the case when it comes to furniture. People who do not have that big of a budget now have the chance to still get the design that they want for their homes without going over their budget. A lot of great quality furniture are sold by different furniture shops these days at very reasonable prices. Now that is very good news especially that almost all people are now doing everything they can just to stretch their budgets. Home enhancements are often associated with high expenses. But that could be a thing of the past now that one could buy a stylish and modern bedroom furniture at a very low cost.

Modern home furniture sets come in different designs and even in different colors as well. People can further increase their savings when decorating their homes since making use of these great-looking furniture would no longer require them to buy other expensive decorating materials to enhance the appearance of their homes. Just the furniture themselves would already be enough as a complement to the structure and design of the house. That gives an added benefit for all since functionality could now be combined with style through the use of modern furniture. A simple and modern glass coffee table could be used just like an accessory only that it has more purpose.

Modern furniture is also not that hard to find nowadays since a lot of shops are now selling them. Buyers would have a wide variety of designs to choose from. They get to compare different rates, quality of materials used, and the overall functionality. They also come in a wide variety so there would always be one that would be ideal for all members of the family may it be adults or children, male or female. Different price ranges are also made available so you really do not have to spend much in order to get the right one for your needs. Visit different websites or call different stores to check out what they have and for you to choose and plan which one to get.

Almost any type of sets are available out there in the market so people no need to worry about getting the right one for different parts of the house. There are modern sofas for the living room, different types of cabinets for the kitchen, beds with new designs, and many more. All that you need to do is to invest a little of your time in checking out different furniture available and determine which one would fit your home design. With these benefits offered by modern home furniture, making use of them to complement the design of your home is definitely a great idea. People could now be more practical without sacrificing the design and the quality of their home furniture.

Airport taxi service has come a long way since they were incorporated as a part of the system and there is hardly an international traveler that can get by without the airport taxi no matter how sporadic their travel.

Airport transfers are meant to bring the journey to a befitting conclusion while heightening the expectation of the impending trip and with our airport taxi transfers the journey has never so comfortable.

In the 20th century taxis to airports were the most beautiful contraptions you ever saw and although these taxi transfers were effective for the period the client may not have experienced anything out of the ordinary except that they got to the destination in one piece.

History aside our modern fleet offers the client convenient airport transfers and the wide array of taxi van services to choose only serves as a reminder that this taxi transfer is the top-notch.

These airport taxi services are also on hand to transport individuals from Gatwick to their final location in a luxurious manner. This gives the punter options that may not have previously been open and with the alternative of a taxi van service at your disposal the client is surely spoiled for choice.

When looking for a taxi transfer the patron is sure to be inundated with copious alternatives but for paramount service our taxis services are the cream of the crop and will move you effortlessly form one locale to the other.

On the other hand there is the Gatwick taxi that is sure to suit your fancy no matter how specific your requirements. All these taxi services are within reach for the discerning client that would like to have a taxi service fit for royals.

This UK airport taxi is the favored option for the first time or repeat visitor to this city and whenever there is the need for a quick trip to or from the aerodrome these taxi transfer services are well worth it both in terms of panache and comfort.

For taxi services that are sure to leave a positive and lasting memory these mini cabs are surely the only way to travel.

Learning a new language can be difficult and overwhelming, even when the language is a popular one. Many people hope to learn English through different ways of learning as a way to increase opportunities and job related skills, while others simply want to improve upon their personal knowledge. Different people learn best in different methods. Some people learn quickly by reading books themselves because they have better ability to process the information and remember it. Others might do it better when they go in a group. They can share and discuss more knowledge and gain new ideas with the teacher and friends. Some people even do better when they are alone because they don’t need somebody every time to practice. You can speak English on your own. Out of all the above options, learning English from home is the best option because it gives flexibility to learn at any convenient time.

So if you do not have adequate time to go out somewhere, but still you want to learn it anyhow, then learning English at home is the best option. Whether you are a complete beginner of the language or you already have a little knowledge of the English language, its possible to learn English at home no matter where you live. This type of English language learning will maximize your progress in English, in the shortest period of time, & that too in a relaxed and hospitable environment.

There are many advantages for choosing to learn English at home:

  • It will give you the options of different learning methods like online English learning websites, English learning kits, Podcasts etc.
  • You get flexible and hassle free learning sessions with it. Here you don’t need to plan your schedule or spend your time in going to a coaching class. You have complete convenience of choosing your own time and place for learning.
  • You are not dependent on anyone for your learning. You learn independently, which not only makes you independent but also increases your self confidence.
  • It allows the whole family as well as friends to learn using the same material. This is cost effective & furthermore it also provides flexible learning to everyone.
  • You can use these learning from home material anytime throughout your life. You can revise your learning even after a couple of months or years of your learning.

There are different ways of learning English at home. But the most important aspect is to stay motivated and practice regularly, so that you can improve your language skills. Different ways to learn English at home are:-

Books/Websites/English learning kits

To speak fluent English, you need to understand the rules of grammar. You can learn these through a book or a website or an English learning kit that specializes in teaching English. If possible, choose a resource that includes explanations in your native language. English learning kits are a huge success these days. With these, learning English has become absolute fun! These interactive English learning kits allow you to practice vocabulary as per your own time & convenience.

Flash Cards

Create flash cards that are relevant to the type of English that you wish to learn. For example, if you’re studying English for business, you’ll need to know English words that relate to business. Review the cards on a daily basis. This is a good way to build your vocabulary words.

Watching English movies

If you are a fan of English movies, then learning English can be more than fun. Learning English by watching movies is learning by input, which is both enjoyable & motivational. You learn a lot of things from watching English movies such as – pronunciation, vocabulary, style, intonation even western culture, habit etc.

Podcasts

Listening to others speak English is an essential skill. You can improve listening skills through Podcasts, which you can listen to on your Mp3 player. Start with Podcasts created for non- English speakers, which will include slow, clear language. As your skills improve, you can start listening to Podcasts on topics that interest you

Out of the several options available, it’s up to to the learner which learning method he/she wants to adopt to learn the language but one thing you should always keep in mind that whatever learning method you choose, you should be self motivated.

So learn English by staying at home & boost your confidence in your work & social life.

The luster and warm tone of gold never appears to go off out of fashion and style. Rather with the years, it has become more appealing choice for the jewelry buyers and designers. Gold is the softest metal and if kept with proper care, it lasts forever. This is the reason that there has been much demand for the gold watches too.

To enhance the strength and durability of the gold watches, several other metals are included, such as silver and copper. The buoyancy of gold watches is calculated from its karat measure, which usually ranges from ten karats to twenty-four karats or sometimes pure gold. The pure gold watches are much more valuable and are superior in comparison to any other metal.

It is essential to take special precautions in order to prevent gold watches from getting dented or even scratched. Always remember not to put on the gold watches against other gems or metals since the friction between them may result in impressions and nicks. Gold watches are specifically susceptible to dents and scratches because of the reality that the gold watches are put over the wrist. Gold watches get easily damaged by certain hard gems like the diamonds, thereby it is an ideal option to store the gold watches separately from various other jewelry pieces. Another good option is to keep these gold watches in soft pouches.

Chemicals are harmful for gold watches, particularly chlorine that can deteriorate its structure. Therefore, while going in the swimming pools or the hot tubs, always take out your gold watch. In addition, one should also remove it prior to going for shower or bath in order to prevent the soap residue, which further could dull the gold watch. One must place Gold watches at a safer place while cleaning or applying hairspray, makeup or even perfume. Eventually, even perspiration can cause gold watches to lack luster.

Large numbers of jewelers recommend cleaning the gold watches once in a month in order to maintain their new and novel look. In order to clean gold watches, apply a solution made with well diluted detergent (liquid) and luke warm water.  Softly clean the watch from a soft clean cloth or use the infant toothbrush. Rinse it thoroughly and carefully, and dry it with a polishing cloth or chamois. While cleaning, make sure to avoid contact of water with the inner components and the face of the gold watch.

The commercial gold watch cleaners are easily accessible in the marketplace but ensure that they are specifically intended for the gold watches. To plan a professional gold watch cleaning, it is feasible to go to a local or nearby jewelry store.

When it comes to your precious possessions like gold watches, it must be taken off at the time of performing any task or movement, as any jerk can produce a great amount of friction. Gold watches are valuable and must be kept far away from small gaps and drains at home or a secure place. One must be very cautious of the safety of watches, especially at the time of attending spa or a gym.

Gold is priceless metal, which exudes lavishness and depreciates rarely. By taking care of essential precautions to maintain its luster, gold watches can become a part of your valuable jewelry collection, which will last for many years to come.