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UK watchdog troubled by LSE foreign listings
World Business News | 2007/04/03 00:06

UK financial regulators on Wednesday gave the first official recognition of intensifying City concern about the impact some overseas listings are having on the standards and reputation of London.

The Financial Services Authority said it will canvass opinions in the City about how to clarify the regulations to make clear whether companies have chosen light-touch listing methods, which can offer investors less protection. It said it was calling for formal debate about the balance between attracting new flotations and maintaining quality.

The decision comes a day after John Thain, chief executive head of the newly merged NYSE Euronext exchange group, took a thinly veiled swipe at the London Stock Exchange, criticising corporate governance and inadequate protection for minority investors offered by some Russian companies. There has been a steady flow of Russian and Kazakh companies seeking to raise capital in London.



California High Court Considers Marriage Challenge
Court Watch | 2007/04/03 00:04

The Supreme Court of California began receiving briefs Monday in a case that challenges a state law that defines marriage as the union of one man and one woman. Gay activists charge it "segregates them and their families from the rest of society," the Contra Costa Times reported. "This separation sends a powerful message," read a brief filed by the city of San Francisco, "one that reinforces in the public mind the already entrenched inferior status of lesbians and gay men. The message is easily understood: the state will recognize, but it will not honor, lesbian and gay family relationships."

Former Assemblyman Larry Bowler, a family advocate, said the court should defer to voters.

"At least four justices on that San Francisco bench are against the broad majority of California voters, who want marriage preserved and protected," he said. "The high court could deal a low blow to the voters by creating so-called 'same-sex marriages' in late 2007 or early 2008."
Liberty Counsel filed a brief representing Campaign for California Families. It challenged the assertion that protecting marriage is discriminatory.

"They aren't arguing for a minor change in marriage, but for a deconstruction of the entire institution of marriage," read a news release from the non-profit legal group. "The essence of marriage has always been the union of one man and one woman. We have never allowed any other human relationships to be united under the banner of marriage."



Judge OKs withdrawal of Enron-related guilty plea
Corporate Governance | 2007/04/02 22:49

A federal judge on Monday granted former Enron vice president Christopher Calger's request to withdraw his July 2005 guilty plea to a charge of conspiracy to commit wire fraud. The case against Calger was based on the same legal theory that was rejected in August 2006 by the US Court of Appeals for the Fifth Circuit. In that case, the convictions of four former Merrill Lynch executives were overturned when the court found that the executives had acted for the benefit of Enron and not to benefit themselves personally. Calger withdrew his plea under the parallel assertion that the government's theory of fraud relating to the deprivation of honest services is flawed, as he did not personally profit.

Calger faced up to five years in prison under his guilty plea; the government still has the right to re-prosecute the issue. Calger is the second individual to withdraw a guilty plea in the Enron scandal; former Arthur Andersen accountant David Duncan withdrew a plea in December 2005 after the US Supreme Court overturned Anderson's obstruction of justice conviction.



Canada watchdog says SWIFT upheld privacy law
International | 2007/04/02 21:51

Canadian Privacy Commissioner Jennifer Stoddart concluded an investigation Monday into the Society for Worldwide Interbank Financial Telecommunication (SWIFT), finding that the European financial cooperative did not violate Canadian privacy laws by post-September 11 information-sharing with the US Department of the Treasury. SWIFT was alleged to have illegally disclosed personal information of some customers of Canadian financial institutions in violation of Canada's Personal Information Protection and Electronic Documents Act (PIPEDA). Stoddart found that while SWIFT was subject to the terms of PIPEDA, it did not contravene the Act when it complied with lawful subpoenas served outside the country and disclosed personal information about Canadians to foreign authorities.

Stoddart said she would petition Canadian authorities to encourage the US to rely on existing, more transparent measures such as anti-money laundering and anti-terrorism financing mechanisms rather than subpoenas.

In November the European Commission's Article 29 Data Protection Working Party found that SWIFT violated European privacy laws when it released similar information about cross-border wire transfers by European citizens to the US government. The New York Times and other papers revealed the once-secret program in June 2006, prompting sharp criticism from the Bush administration, which defended the initiative. According to US government officials, the program targeted those with suspected ties to Al Qaeda.

http://www.privcom.gc.ca/aboutUs/message_e.asp



US and South Korea in landmark trade deal
Practice Focuses | 2007/04/02 19:42

Washington and Seoul agreed a landmark deal on Monday that will dramatically liberalise trade between the countries, giving the US an economic foothold in north-east Asia and helping South Korea upgrade its economy. The agreement was the biggest for the US since the North American Free Trade Agreement with Canada and Mexico and would lead to about 95 per cent of tariffs being eliminated within the next three years, negotiators said.

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The deal could trigger a wave of agreements across Asia and is seen as vital to keeping US trade policy alive in the face of growing political discontent over the benefits of free trade.

The accord still has to be ratified by the US Congress and the South Korean national assembly, where it is likely to face difficulties because of the unpopularity of both presidents and their weak representation in their respective houses.

The pact was struck just minutes before the final deadline for George W. Bush, the US president, to notify Congress of his intent to ­ratify the agreement before his authority to "fast track" deals with a simple yes or no vote expires.

Mr Bush sent a letter to the Democratic leadership in Congress within moments of the deal being signed saying the agreement would "further enhance the strong US-Korea partnership, which has served as a force for stability and prosperity in Asia".

There was immediate condemnation from Democrats, led by members of Congress from states that depend on farming and car manufacturing – two sectors that lost out in the negotiations.

Michigan Senator Debbie Stabenow said: "I will do everything in my power to defeat this agreement."

Bill Rhodes, vice-chairman at Citigroup and head of the US Korea Business Council, said that company worries about a watered down agreement had been largely addressed. But Ford, the carmaker, called on Congress to reject the deal as it did not go far enough in tearing down South Korean barriers to vehicle imports.

Under the agreement, tariffs on all vehicles under 3,000cc will be eliminated immediately and phased out over three years for bigger passenger cars and 10 years for pick-up trucks.

Rice was entirely excluded from the deal, in line with Seoul's wishes, while Washington received an undertaking that South Korea would allow the resumption of beef imports, suspended after health scares.

Seoul also agreed to eliminate import tariffs on US beef gradually over the next 15 years, while the US declared it would immediately abolish 61 per cent of tariffs on textiles and garments in terms of its import value.

Significantly, Washington accommodated Seoul's requests to consider development of Kaesong, the South Korean-run industrial zone in North Korea.

About 94 per cent of tariffs on commodities will be scrapped within three years, gradually increasing to 100 per cent.



New Century Financial Files For Bankruptcy
Bankruptcy | 2007/04/02 19:32

Subprime mortgage lender New Century Financial has filed for bankruptcy protection.

Once one of the largest providers of subprime mortgages in the United States and now a casualty of the slumping housing market and aggressive lending practices, the company said it is immediately firing 3,200 workers -- more than half its workforce. Company officials hope the business can be sold.

New Century officials also said they will sell the company's loan servicing business to Carrington Capital Management and its affiliate for approximately $139 million, subject to the approval of bankruptcy court.

New Century, based in Irvine, Calif., filed the bankruptcy action in Delaware.

More than two dozen subprime lenders have shut down in recent months, and others are scrambling to stay in business.



2 Judges, Attorney Convicted Of Bribery
Breaking Legal News | 2007/04/02 19:12

A federal jury in Jackson, Miss., has convicted Biloxi attorney Paul S. Minor, former Mississippi state chancery court judge Walter W. Teel, and former Mississippi state court circuit judge John H. Whitfield of charges related to their role in a bribery scheme in which Minor provided Teel and Whitfield with money and other things of value in exchange for favorable rulings in cases brought before the judges by Minor's law firm, Assistant Attorney General Alice S. Fisher of the Criminal Division announced today.

The jury found the defendants guilty on March 30 of all 14 charges in a December 2005 indictment, following a 20-day trial and a day of deliberations. The Honorable Henry T. Wingate, Chief Judge, U.S. District Court for the Southern District of Mississippi, presided over the trial.

The jury convicted Minor, 61, of conspiring with Teel and Whitfield; six counts of honest services mail fraud; one count of honest services wire fraud; two counts of bribing and employee of state agency that received federal funds; and one count of the Racketeer Influenced Corrupt Organizations (RICO) statute, for the use of the employees and resources of his law firm, Minor & Associates, to accomplish and further a pattern of racketeering activity that included bribery of Whitfield and wire fraud in connection with the payoff of a loan to Whitfield. Teel, 56, was convicted of conspiring with Minor in a bribery scheme; two counts of using the mails to deprive the citizens of Mississippi of the intangible right to his honest services; and one count of federal program bribery. Whitfield, 44, was found guilty of conspiring with Minor in a bribery scheme; four counts of honest services mail fraud; one count of using the wires in a scheme to deprive the citizens of Mississippi to the intangible right to his honest services; and one count of federal program bribery.

"The jury's conviction of attorney Paul Minor and former Judges Walter Teel and John Whitfield sends an important message – we will not tolerate the bribery of judges to influence matters before the court," said Assistant Attorney General Fisher. "The American people expect and demand a system of justice that is free of corruption. We will prosecute those who attempt to buy or sell positions of high public trust for their own financial benefit."

The jury heard evidence that, in November 1998, Minor guaranteed a $25,000 line of credit for Teel at a Biloxi bank while Teel was a candidate for a judgeship in chancery court of Harrison County. The line of credit purported to be for campaign expenses. After Teel was elected, Minor, in an effort to conceal the fact that he was paying off the loan himself, used cash and an intermediary to disguise the true source of the loan payments. Thereafter, then-Judge Teel was assigned to a civil case in chancery court in which Minor's firm represented a local bank in a bad faith declination of coverage suit against the bank's insurance provider. The case was to be tried without a jury. In 2001, as the case proceeded, Teel made favorable rulings for Minor's client on issues of discovery and summary judgment.

Around that time, then-Judge Teel and two other chancery court judges became the subject of a state criminal investigation for misappropriation of funds. Among the efforts Minor made to assist the judges under investigation was a meeting Minor arranged between the judges and the then-Attorney General of Mississippi. Minor provided transportation to the meeting via his private jet and also hired a public relations firm to assist the judges. After Teel was indicted on state charges, Minor paid a portion of the legal expenses for Teel's defense. Teel was ultimately acquitted. Within weeks of the meeting with the Attorney General, Teel presided over a settlement conference in the lawsuit between Minor and the attorneys for the bank's insurance provider. During the negotiation, Teel made statements to the parties indicating his belief in the strength of the plaintiff's case and insinuated that, were the defendants to push the case to trial, Teel would be inclined to award punitive damages to the plaintiff. The insurance provider promptly agreed to settle the case for $1.5 million dollars. None of the attorneys representing the insurance provider were made aware of the financial relationship between Teel and Minor.

The jury also heard evidence that, in November 1998, Minor guaranteed a $40,000 loan for Whitfield at a Biloxi bank while Whitfield was a candidate for re-election to the Circuit Court of Harrison County. The loan purported to be for campaign expenses. After Whitfield was elected, Minor guaranteed an additional loan for then-Judge Whitfield for $100,000, purportedly for the down payment on a house. Minor, in an effort to conceal the fact that he was actually paying off the loans himself, used cash and an intermediary to disguise the true source of the loan payments.

Whitfield was later assigned to a personal injury case in circuit court in which Minor's firm represented an oil rig worker injured as a result of his employer's alleged negligence. Whitfield presided over the trial and found in favor of Minor's firm's client. He awarded damages in the amount of $3.75 million dollars, an award he later reduced by approximately $100,000. Minor continued to disguise the fact that he was making payments on the Whitfield loans and ultimately paid them off through the use of an intermediary.

Minor, Teel and Whitfield each face a maximum sentence of five years in prison and a $250,000 fine on the conspiracy charges; 10 years in prison and a $250,000 fine on the federal program bribery charges; and 20 years in prison and a $250,000 fine on the honest services mail/wire fraud charges. Minor also faces a maximum sentence of 20 years in prison and a $250,000 fine on the RICO charge. Sentencing is scheduled for June 14, 2007.

The verdict is the result of the second trial in this matter. The previous trial, conducted in the summer of 2005, involved similar allegations against Minor, Teel, Whitfield, and Mississippi Supreme Court Justice Oliver Diaz. The jury acquitted Diaz of all charges, acquitted Minor on the charges related to Diaz, but was unable to reach a verdict on the remaining charges.

The case was prosecuted jointly by the U.S. Department of Justice, Public Integrity Section, and the U.S. Attorney's Office for the Southern District of Mississippi. The case was tried by Assistant U.S. Attorneys Ruth R. Morgan and David H. Fulcher; and Trial Attorney Natashia Tidwell of the Public Integrity Section, headed by Chief William M. Welch, II. Senior Deputy Chief Peter J. Ainsworth of the Public Integrity Section participated in the investigation and indictment of this matter. The case was investigated by the Federal Bureau of Investigation.



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