Wagner and Winick On the Law

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Pay Your Taxes or Pay the Penalties! Apr 06, 2017

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Everyone at some point in their tax-paying lives has been tempted to skip the whole ordeal. What would happen if you didn’t file your taxes this year? Is the IRS really going to come after you? Going to prison for tax fraud, which is how the IRS classifies not-filing, is rare. However, if you owe the government money, you'll eventually have to pay, plus significant interest and fines. If you owe money and don't file, the IRS charges a penalty of up to 25 percent of what you owe, and it can charge an additional 25 percent for failing to pay your bill on time. A 75 percent penalty is reserved for egregiously fraudulent returns! There’s also interest to be paid, currently compounding at 3 percent per year. Listen to this week's program to learn more about the process of filing and paying your taxes and a discussion of (in)famous tax cheats.

The Rights -or Wrong- of Sanctuary Cities Mar 30, 2017

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Can the federal government withhold funding to Sanctuary jurisdictions, including cities, counties, and states? The 10th Amendment to the US Constitution reserves powers not delegated to the federal government to the states. The Supreme Court has interpreted the 10th Amendment to contain an anti-commandeering requirement where states and local governments cannot be required “to enact or administer a federal regulatory program.” The Supreme Court also has held that under the Spending Clause, conditions Congress places on grants must be “germane” or “related to” the federal interest in the grant program. However, President Trump's Executive Order states that sanctuary cities are “not eligible to receive federal grants. How will the domestic battleground over immigration policies play out? Tune in to hear the hosts discuss both sides of the controversial issue of Sanctuary juristictions.

US Trade Policy Mar 23, 2017

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Join co-hosts Mitchel Winick, Stephen Wagner, and regular guest co-host Michael Cohen for an edition of International Crossroads. The group will discuss the recent release of the Trump administration's 2017 US Trade Policy Agenda. The policy opens by saying, The American people grew frustrated with our prior trade policy not because they have ceased to believe in free trade and open markets, but because they did not all see clear benefits from international trade agreements. Every action we take with respect to trade will be designed to increase our economic growth, promote job creation in the US, promote reciprocity with our trading partners, strengthen our manufacturing base and our ability to defend ourselves, and expand our agricultural and services industry exports. Michael Cohen, an experienced international attorney with clients located across the globe, will discuss the international business community's reaction to these and other Trump administration trade policies.

Is Gambling and Betting Legal in every State? Don't Bet on It! Mar 16, 2017

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Are informal office pools and score picking squares legal? Are these activities covered under state and federal gambling laws? How about Internet gambling - is it legal in every state? What if I am gambling and betting on-line through a website that is located in a foreign country . . . is that legal? Don't bet on it! Join this week's program to hear these and other questions answered.

What is the Secret Federal -FISA- Court and How Does it Protect Us? Mar 09, 2017

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The Foreign Intelligence Surveillance Court was established by Congress in 1978. The Court rules on the applications made by the United States Government for approval of electronic surveillance, physical search, and certain other forms of investigative actions for foreign intelligence purposes. The Court sits in Washington D.C., and is composed of eleven federal district court judges who are designated by the Chief Justice of the United States. Each judge serves for a maximum of seven years and their terms are staggered to ensure continuity on the Court. By statute, the judges must be drawn from at least seven of the United States judicial circuits, and three of the judges must reside within 20 miles of the District of Columbia. Judges typically sit for one week at a time, on a rotating basis.

Hate Crimes in America: What is the Law and How Does it Apply? Mar 02, 2017

Show notes

The FBI investigated what are now called hate crimes as far back as World War I. However, the FBI's role increased following the passage of the Civil Rights Act of 1964. Before then, the federal government took the position that protection of civil rights was a local function, not a federal one. A hate crime is a traditional offense like murder, arson, or vandalism with an added element of bias. A hate crime is defined as a “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.” However, it is important to remember that hate itself is not a crime and many words and actions are constitutionally protected as free speech. Listen to today's program to learn more about the definition, tracking, and prosecution of hate crimes in the US. Are incidents increasing? Or is reporting increasing? Is this primarily a criminal, or political issue?

Stopped at the Border: Search and Seizure of Cell Phones and Electronics Feb 23, 2017

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It is no surprise that all persons, baggage, and merchandise arriving in, or departing from, the United States are subject to inspection, search and detention. However, did you know that your electronic device(s) can be detained for further examination, which may include copying. Did you know that customs agents can demand that you provide them with your passwords for your phone, computer, social media, Facebook pages, etc.? This is just as true for US citizens as it is for any other traveler. Tune in this week to learn more about your rights (or lack thereof) when you try to re-enter the U.S. after foreign travel. You WILL be surprised.

Presidential Authority, Take II Feb 16, 2017

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Co-hosts Mitchel Winick and Stephen Wagner continue their discussion of Presidential authority in the wake of the recent 9th Circuit decision extending the temporary injunction of President Trump's Executive Order restricting immigration from seven countries and banning Syrian refugees.

The Legal Authority of Presidential Executive Orders Feb 09, 2017

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Co-hosts Mitchel Winick and Stephen Wagner are joined by regular guest co-host Constitutional Law Professor Michael Cohen to discuss the constitutional and legal authority of Presidential Executive Orders. The most recent orders issued by President Trump have raised constitutional questions regarding the separation of powers between federal and state governments. For example, can the federal government penalize or threaten states, counties, and cities that are designated as sanctuary juristictions when it comes to the enforcement of immigration laws and policies? Can the President restrict federal funding to universities by Presidential Order because he does not agree with their policies or curriculum? If a Presidential Executive Order appears to directly conflict with existing federal or international law, what steps need to be taken to resolve the conflict? Who gets to makes the challenge and where is it made? Listen in to learn more about these challenging issues.

Immigration in America: When Law and Policy Conflict Feb 02, 2017

Show notes

Co-hosts Mitchel Winick and Stephen Wagner discuss the legal issues raised by President Trump's Executive Orders calling for extreme vetting of travelers from seven Muslim countries and the suspension Syrian refugee's entrance into the US. Can legal residents and holders of Green Cards and other legal visa's issued by the US government be detained, interrogated, and denied entrance into the US? Can national origin and religion be the basis of denying entry into the US? These and other legal issues have been the basis of a showdown in the federal courts. Join the hosts to learn more about the underlying legal questions involved in these disputes.

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