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Dr. MICHAEL A. S. GUTH
Attorney at Law
Ph.D. (Economics), J.D. Univ. of Tenn.
Licensed in Tennessee since 1998
send e-mail
(E-mail is quickest method of contact).
Hours: Monday - Friday: 9:30 AM
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Saturday & Sunday 1 PM - 6 PM.
116 Oklahoma Ave.
Oak Ridge, TN
37830-8604
Phone: (865) 483-8309
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=227012345
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Category: Civil Rights Law
Location: VA
Subject: Freedom of Information Act
I am a minister who served a conflicted church. I resigned the position. The Executive who heads my
denomination's geographic area is trying to push me out of the ministry inspite of my good record (even in
the conflicted church). He required me to be tested by a career and counseling center. I did this. The
results were positive, and I when I left I had all of the raw data except the Minnesota Multiphasic
Personality Inventory. The director of the center would not give those results to me; however, she sent
a written evaluation to the Executive based on it rather than the raw data which we went over and which was
given to me. This document is going to determine whether I can go back into ministry. Under the Freedom of
Information of Act, do I have a right to demand the results of this test? By the way, this Executive does a lot
business with this center and is good friends with the director. I am beginning to feel as though I have been
''set up.'' Please advise.
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=505991543
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Category: Civil Rights Law
Location: VA
Subject: Re: Freedom of Information Act
The U. S. Freedom of Information Act (FOIA) applies to both federal and state government agencies. You did not
mention whether the Minnesota testing center was a part of the state government.
To learn more about how FOIA works in a court of law, I recommend you read my award-winning brief on FOIA. It can
be found on the Internet at http://michaelguth.com/foiabrief.htm
Dr. Michael Guth
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=371968470
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Category: Tax and Taxation Law
Location: WA
Subject: International non-profit tax-exemption in the US
Dear,
I have a Belgian non-profit promoting international mobility of performing arts. Right now we applied for an authorization certificate for our US agency in Seattle. We will also apply for an EIN to apply for 'income tax'-exemption for foreign performers. Since we (the US agency) will try to apply for grants in the US, we might get quite some income on our EIN too. Do you think we should apply for a non-profit tax-exempt status with the IRS, or is this not necessary since our organization is already tax-exempt according to Belgian law (and is authorized to work as a non-profit according to the Secr. of St. in Washington)? A quite complicated question, I know. Hope you can help us out.
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=415526598
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Category: Tax and Taxation Law
Location: WA
Subject: Re: International non-profit tax-exemption in the US
This is actually an easy question to answer and not complicated at all. YES, you should apply to the IRS for registration as a 501(C) corporation -- which is a non-profit corporation able to collect tax-deductible donations from the public.
You must be registered with the IRS to seek tax deductible donations from the public. However, you are free to seek grants whether you are non-profit or for profit. Your Belgian status makes no difference in the U.S., because it would be legal for a non-profit agency in Belgium to operate on a for-profit basis in the U.S., e.g., designing and selling costumes.
If you need help finding the IRS forms, you will find the IRS has a very helpful website at www.irs.gov
There are buttons to lead to you to the pages to download forms.
Michael A. S. Guth
http://michaelguth.com
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=519392347
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Category: Constitutional Law
Location: TN
Subject: Federal Law
Can a lawsuit be filed against a bank for checking my credit report with out my permission. also to include that i am a minority.
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=544977040
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Category: Constitutional Law
Location: TN
Subject: Re: Federal Law
The constitutional right of privacy does not extend to credit reports. You do have a right to request a copy of the credit report. If you find erroneous or misleading statements in the credit report, you have a right to have your explanations inserted into the report by the company that wrote the credit report.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=199177248
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Category: Health Care Law
Location: CO
Subject: Hospital has refused to release a copy of my medical records/ Possible Medical B
I was a patient at a hospital in Colorado Springs, CO and have made several attempts to obtain a copy of my complete medical/hospital records. The hospital has refused to give me a copy. How can I obtain them?
During my hospitalization, I was not able to make decisions concerning my care. My wife held a durable medical power of attorney, yet I underwent procedures that my wife directed to NOT be performed. These were not life-saving procedures. Is this a case of medical battery on the part of the physicaians and or hospital?
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=301963916
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Category: Health Care Law
Location: CO
Subject: Re: Hospital has refused to release a copy of my medical records/ Possible Medical B
Under the federal HIPAA statute, you have an absolute right to see your medical records. You should call the hospital's general number and ask to speak to the "Medical Records" office. That office should prepare a complete copy of your medical records once you arrive in person and present your identification. If the office refuses to comply with the federal law, then it will likely be subject to monetary and other sanctions. You can tell the Medical Records office that you have been advised by an attorney that the federal law requires them to release a complete copy of your medical records upon request.
As far as your question about physician battery, that must be answered by a CO attorney. In most states, physician battery can be a crime depending on the severity of the battery.
Michael A. S. Guth
http://michaelguth.com
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=34718783
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Category: Computer & Technology Law
Location: WV
Subject: E-mail and Paswords
My employeer has created an e-mail address for me and all my fellow workers and students without my/their permission and is using my/their Social Security Number for the password. We are unable to change the password unless we go though their ''Web Master'' who they will not tell us who it is. We have asked for them to remove our names but have been refused. Is this OK for them to do? We have expressed concern about Idenity Theft and have been told '' not to worry about it'' by my Managment. I am an IT professional and find this very disturbing. Thank You for any replys.
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=117855920
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Category: Computer & Technology Law
Location: WV
Subject: Re: E-mail and Paswords
The U.S. Supreme Court dealt with a case last term that involved a federal government agency for safety of coal miners posting the social security numbers of miners to disclose who would receive federal health benefits. The Supreme Court held that the miners did not suffer damage simply from having their SSNs disclosed (without identifying what name went with a particular number).
I am not aware of any federal law that would prevent an employer from establishing e-mail accounts for its employees. If you feel strongly about this issue, are you in a position to vote with your feet, and go work for someone else?
Mike Guth
http://michaelguth.com
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=222731175
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Category: Legal Ethics & Professional Responsibility
Location: NE
Subject: Can The FBI and/or Local Law Enforcement Be Sued?
Can local law enforcement and/or the FBI can be sued by someone for their actions regarding how they handled an investigation into illegal wiretapping and cell phone eavesdropping I reported to them over three years ago?
I became aware when I was arrested in 1999 it was due to illegal eavesdropping on my private cordless telephone calls in my home. The arrest for a felony DUS, and the subsequent legal defense traced the information to a certain police Captain.
But my attorney refused to defend me at the last minut and convinced me to plead guilty the charge despite my wanting to identify the informant and determine not only who, but what else was being used against me by them and their associates. They were hardly law abiding citizens.
After getting nowhere with IAD at my local police department, and completing the probation for the crime, I contacted a United States Senator who, in turn contacted the FBI in Washington, DC, on my behalf. The eavesdropping crimes against me continued throughout my trial, into my probation, and beyond, and included additional stalking, intimidation, etc.
The eavesdropping is illegal under the ECPA and states the crime falls under the FBI's jurisdiction. FBI contacted me and did nothing.
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=321889408
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Category: Legal Ethics & Professional Responsibility
Location: NE
Subject: Re: Can The FBI and/or Local Law Enforcement Be Sued?
Yes, agents of the FBI can be sued for monetary damages for violating a person's constitutional rights. Now how are you going to prove the wiretaps were illegal and not legal? Can you prove that no magistrate ever signed a search warrant? How would you know if there was a search warrant or not?
To learn more about suing the FBI for monetary damages under a BIVENS ACTION, you should read the following link.
http://www.justice-denied.net/Bivens_Justice.htm
You can write me at http://michaelguth.com if you have more questions on constitutional law.
To succeed on your case, you will need a crusading attorney who is motivated by championing constitutional rights and not the potential illegal activity you were conducting when your phones were wiretapped.
Dr. Michael A. S. Guth
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=417231651
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Category: Civil Rights Law
Location: TN
Subject: Withholding medical files
I was preparing to go to Iraq with a company out of DC. They sent me to complete a physical before deploying to Iraq. A third party company set up the physical locally where I live in Tennessee and I took the physical. Things did not work out with me going to Iraq with them but it did not have anything to do with the physical. I called them requesting a copy of the phyiscal I took for my own records and they told me that it was for them only. I have no rights to it because they paid for it is what they claim. Is this true? Shouldn't I be able to get copies of a physical I took no matter who paid for it. If so, is there something I can show them to prove this to them. Thanks for your help.
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=429537580
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Category: Civil Rights Law
Location: TN
Subject: Re: Withholding medical files
Of course you have rights to your own medical records, even if they had been conducted at a top secret facility for the CIA. Tell them that Congress passed HIPAA, the Health Insurance Portability and Accountability Act. The Accountability part imposed punitive fines on medical records holder who do not release them to the patient upon request by the patient. You may have to go to the medical clinic directly, rather than this bogus contracting company.
Look up "Health Insurance Portability and Accountability Act" on the Internet and learn the law so you can quote from it.
Mike Guth