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Court dismisses suit to bar use of military fort
Court Watch | 2007/04/05 17:37

The U.S. Court of Appeals for the 7th Circuit dismissed a lawsuit by the American Civil Liberties Union to stop the Defense Department from allowing the Boy Scouts of America to hold its National Jamboree every four years at Fort A.P. Hill in Fredericksburg, Va. The ACLU, suing on behalf of individual named taxpayers, had argued allowing the Boy Scouts to hold the event on public property is an unconstitutional establishment of religion, because the organization's membership is limited to those who believe in God.

The ACLU points out the Boy Scouts require members to swear an oath to "do my duty to God and my country."

The court ruled Wednesday, however, the ACLU did not show standing to bring the lawsuit.

Peter Ferrara, general counsel of the American Civil Rights Union explained the ACLU could complain about the policy to Congress or the president, but it "had no business bringing a lawsuit over it and asking the courts to step in."

The ACRU is a non-partisan legal policy organization launched in 1998 that says it is "dedicated to defending all the rights enumerated in the Bill of Rights and the 14th Amendment."

The Defense Department, which sees holding the event at the fort as a boon to military recruitment, is expressly authorized to host the event by a federal statute enacted by Congress, Ferrara points out.

Seven Presidents have attended and spoken at the jamboree, beginning with Franklin Roosevelt in 1937. President Bush spoke at the 2005 event, attended by more than 40,000 scouts. The next jamboree is scheduled for 2010 to coincide with the 100th anniversary of the Boy Scouts of America.

As WND reported in 2005, 90 members of Congress filed a federal appeals court brief declaring support for the Defense Department's sponsorship of the jamboree.


The brief asserted the Defense Department's support comes in the form of "non-religious supplies and services."

"The military's rental of forklifts and trucks, transportation and military equipment, restoration of Fort A.P. Hill after the Jamboree, and provision of other secular services is clearly 'neutral and nonideological,'" the brief said. "The only possible message that the military's aid can be viewed as conveying is that patriotism, self-reliance, physical fitness and support of the military are positive things."

Also in 2005, then-Senate Majority Leader Bill Frist, R-Tenn., introduced legislation to make sure the Boy Scouts can use government facilities for gatherings, meetings and events.

In 2004, the Pentagon settled a lawsuit by telling military bases around the world not to become direct sponsors of Boy Scout troops or Cub Scout dens. Military personnel can now sponsor Boy Scout groups only in their civilian capacity.

As WND reported, the threat of lawsuits by the ACLU has forced the BSA to pull the charters of thousands of scouting units from public schools.



US intelligence chief criticizes surveillance laws
Law Center | 2007/04/05 17:25

John M. "Mike" McConnell, who succeeded John Negroponte as US Director of National Intelligence in February, delivered a policy address to the 2007 Excellence in Government Conference Wednesday criticizing federal surveillance laws as outdated and unresponsive to terrorist threats. McConnell, who previously served as the director of the National Security Agency (NSA) from 1992 to 1996 before working for private consulting firm Booz Allen until February, said:

The laws that we had coming out of Vietnam, Watergate, Church-Pike hearings of the '70s served us well. But it also set up barriers and cultures and processes that did not make us well suited to combat a new "ism," in this case terrorism.

What do I mean by that? When someone enters this country, they are considered a US person. They have all the rights and privileges – let me restate that – most of the rights and privileges of a US citizen. So if the intelligence community is tracking someone of suspected terrorism and they arrive in this country in a legal status, they're now off limits to the intelligence community. Switch to law enforcement. The rules and regulations on law enforcement are much more stringent with regard to conducting surveillance of either US citizens or US persons. So the terrorists that came here and operated here prior to 9/11, so long as they were here legally and so long as they did not break the law, they were mostly invisible to us.



Alleged faux beau pleads not guilty in check fraud
Breaking Legal News | 2007/04/05 11:32

A disbarred lawyer who police say scammed women in Illinois and eight other states out of more than $1 million pleaded not guilty today for allegedly cashing bogus checks here.

Hillard Jay Quint, 42, entered his plea when he appeared before Cook County Judge Diane Cannon in the Criminal Courts building. He is charged with identity theft and four counts of deceptive practice for allegedly cashing $16,000 in checks written on a closed bank account under the alias Matt Goldstein.

At the brief hearing, Quint, dressed in a tan jail outfit, told the judge he cannot afford an attorney. He is being held without bond pending trial.

Quint was arrested Feb. 23 at his Gold Coast apartment. While in Chicago, police say he represented himself as a wealthy CEO from California while dating women he met through online services.

Authorities allege Quint dated at least eight women in Chicago and scammed $24,000 from three of them.

Belmont Area detective Cindy Serafini said Wednesday the investigation into the alleged fraud was ongoing, and more charges were possible.

Quint is scheduled to appear in court for a status hearing on May 14.



Peter Elias Joins Morrison & Foerster’s San Diego Office
Law Firm News | 2007/04/05 11:29






Morrison & Foerster LLP is pleased to announce that Peter Elias has joined the firm as a partner in its San Diego office.  Mr. Elias joins the firm’s Tax Department, where his practice will focus on joint ventures, LLC, mergers and acquisitions, and cross-border tax issues.  He recently has focused his practice extensively in the fund formation and private equity area, forming and advising promoters and investors in all types of pooled investment vehicles, including real estate and opportunity funds, hedge funds, and venture capital funds.

Mr. Elias’s tax expertise advising clients in joint ventures, mergers and acquisitions, project finance transactions, strategic investments and workouts, and real estate transactions will make him a valuable asset to both the corporate and real estate practices at the firm.

“We are delighted to have Pete with us. He will be a great addition to the team and will expand our tax capabilities on the West Coast, allowing us to better serve our corporate and real estate clients,” said Thomas Humphreys, chair of the Tax Department.  “Pete’s outstanding tax skills, particularly in the corporate area, will allow our office to be truly full-service for our corporate clients,” added Mark Zebrowski, managing partner of the firm’s San Diego office.

Mr. Elias said, “Morrison & Foerster provides me with a great platform to expand my practice.  The firm's deep commitment to client service will give me the opportunity to build on existing relationships and contribute to the continued growth of the firm’s tax practice.”

Mr. Elias joins the firm from Foley & Lardner.  Mr. Elias received his J.D. from the University of California, Hastings School of Law in 1992, and his LL.M. in taxation from the New York University School of Law in 1993. He graduated, magna cum laude, from the University of Pittsburgh.  He was admitted to the California State Bar in 1993.

www.mofo.com



Jackson-Hewitt accused of tax fraud schemes
Breaking Legal News | 2007/04/05 08:54

The Internal Revenue Service (IRS) and the Department of Justice have filed suit against five Jackson Hewitt franchises, seeking an injunction to bar the companies from preparing tax returns and alleging that all five corporations were involved in fraudulent tax return preparation including the filing of exaggerated claims and the use fake W-2 forms. The government, which filed lawsuits Tuesday in Chicago, Atlanta, Detroit and Raleigh, further alleged  that as a result of the fraudulent activity the US Treasury took a loss of over $70 million. The suits also claim that the corporations, owners, and employees received kickbacks for helping costumers file the fraudulent returns.

Speaking about the lawsuits, IRS Commissioner Mark Everson stated that:

I am deeply disturbed by the allegation that a major franchisee of the nation's second-largest tax preparation firm is intentionally preparing improper tax returns with inflated refunds. I'm particularly concerned that many taxpayers of modest means could actually end up owing the government thousands of dollars if they claimed an improper refund.

The five corporations named as defendants are Chicago Suit: Smart Tax, Inc. of Chicago; Ask Tax, Inc.; Atlanta Suit: Smart Tax of Georgia, Inc.; Detroit Suit: So Far, Inc.; and Raleigh Suit: Smart Tax of North Carolina, Inc.; all Jackson Hewitt Tax Service franchises. The suits also name Farrukh Sohail, who wholly or partially owns each of the five corporations, as co-defendant.



U.S. Sending Senior Diplomat To Libya
International | 2007/04/05 07:02

Deputy Secretary of State John Negroponte, the second highest ranking U.S. diplomat, will travel to Libya.

According to the White House, Negroponte will focus on the humanitarian crisis in Darfur, Sudan as well as build stronger ties with the former "Axis of Evil" leader Moammar Gadhafi.

The trip, which includes stops in Chad, Mauritania and Sudan, will be the first time such a senior member of the State Department visited Libya in over 50 years.

While Secretary of State Condoleezza Rice has been invited to meet with Libyan leaders, ongoing commitments in the Middle East and Washington have so-far kept such a summit from being scheduled.



Online advertising to surpass radio next year
World Business News | 2007/04/05 05:11

The Internet will overtake radio in 2008 and become the world's fourth-largest advertising medium, a year earlier than forecast. Global spending on internet advertising increased from 18.7 billion U.S. dollars in 2005 to 24.9 billion dollars last year, according to ZenithOptimedia, the media-buying agency.

The Middle East and Asia are driving a boom in global advertising spending. Zenith predicted a spike of 7.7% in spending in Asia in the run-up to the 2008 Olympic Games in Beijing.

In the Middle East and Eastern Europe, advertising spending is growing faster than in North America and Western Europe, which are "maturing rapidly" as advertising markets, Zenith said.

Advertising spending in the Middle East increased by 22.4% between 2005 and 2006, compared with growth of 5.2% in America and 4 per cent in Western Europe. Zenith attributed the huge percentage share in the Middle East to the growth in local economies and high oil prices.

In addition to the Olympics, the U.S. presidential election and the European football championship in Austria and Switzerland next year will be the biggest contributors to overall growth during the next two years. However, Zenith noted, the market should brace itself for a fall in revenues after those big events end.



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