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Robert Ney Sentenced to 30 Months in Prison
Breaking Legal News |
2007/01/19 11:08
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WASHINGTON – Former Congressman Robert W. Ney has been sentenced to 30 months in prison to be followed by two years of supervised release and fined $6,000, Assistant Attorney General Alice S. Fisher of the Criminal Division announced today. Ney, 52, was sentenced today in U.S. District Court for the District of Columbia, before Judge Ellen Segal Huvelle, who also ordered the defendant to serve 100 hours of community service for each year of supervised release. Ney pleaded guilty on October 13, 2006, to a two-count information charging him with conspiracy to commit multiple offenses – including honest services fraud, making false statements, and violations of his former chief of staff’s one-year lobbying ban – and with making false statements to the U.S. House of Representatives. The named co-conspirators in the charges to which Ney pleaded guilty include Jack Abramoff, Michael Scanlon, Tony Rudy, and Ney’s former chief of staff Neil Volz. All have previously pleaded guilty in this investigation and are cooperating with law enforcement officials. “Today’s sentence makes it clear that our government is not for sale. Former Congressman Ney now faces 30 months in prison for abusing his position of trust as a representative of the American people,†said Assistant Attorney General Fisher. “The Justice Department will continue to pursue and prosecute public officials who compromise the integrity of elected office for private benefit.†“The foundation of good government rests on the leap of faith Americans take that our public officials act in our interests. When an elected official violates that faith through the illegal exploitation of public office for personal gain, confidence in government suffers,†said Assistant Director Chip Burrus of the Criminal Investigative Division, FBI. “Most public servants are law abiding and honest and I want to emphasize that point, but when an official chooses to sell his integrity as we see here today, the FBI stands ready to work with our partners and restore the confidence in government to which Americans are entitled.†Ney was a Congressman representing the 18th District of Ohio from 1995 through the present. In 2001, Ney became chairman of the House Committee on Administration, a position he held until January 2006. Ney admitted that he engaged in a conspiracy beginning in approximately 2000 and continuing through April 2004, wherein he corruptly solicited and accepted a stream of things of value from Abramoff, Abramoff’s lobbyists, and a foreign businessman, in exchange for agreeing to take and taking official action to benefit Abramoff, his clients, and the foreign businessman. Specifically, Ney admitted that he corruptly solicited and accepted things of value from Abramoff and his lobbyists – including international and domestic trips, meals and drinks, concert and sporting tickets and tens of thousands of dollars of campaign contributions and in-kind contributions such as free fundraisers – with the intent to be influenced and induced to take official actions. Ney admitted that the actions he agreed to take, and took, to benefit Abramoff, his lobbyists and their clients, included opposing legislation at Abramoff’s request, the insertion of statements into the Congressional Record at Scanlon’s request, and supporting an application of a license for a contract to install wireless telephone infrastructure in the House of Representatives. Ney also admitted that he accepted tens of thousands of dollars worth of gambling chips from a foreign businessman who was hoping to sell U.S.-made airplanes and airplane parts in a foreign country. Ney agreed to help the businessman with obtaining an exemption to the U.S. laws prohibiting the sale of these goods to the foreign country and with obtaining a visa to travel to the United States. Ney also admitted conspiring to aid and abet violations of the federal one-year lobbying ban by his former chief of staff Neil Volz. This case was prosecuted by Trial Attorneys Mary K. Butler, M. Kendall Day and James A. Crowell IV of the Public Integrity Section. The case was investigated by a task force of federal agents including special agents of the Federal Bureau of Investigation, the Department of the Interior Office of the Inspector General, the General Services Administration Office of the Inspector General, and the Criminal Investigation branch of the Internal Revenue Service. The investigation has received assistance from the U.S. Attorney’s Office for the Southern District of Florida. The broader investigation into the lobbying activities of Jack Abramoff is being conducted by federal agents from the above-named agencies as well as prosecutors in the Public Integrity and Fraud Sections of the Criminal Division and prosecutors in the Criminal Tax Section of the Tax Division. |
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Bush´s domestic spy program under court review
Court Watch |
2007/01/19 08:30
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Attorney General Alberto Gonzales rapped federal judges Wednesday for ruling on cases that affect national security policy. Judges, he contended, are unqualified to decide terrorism issues that he said are best settled by Congress or the president. In a sharply worded speech directed at the third, and equal, branch of the government, Gonzales outlined some of the qualities the Bush administration looks for when selecting candidates for the federal bench. He condemned what he termed activist judges with lifetime appointments who "undermine the right of the people to govern themselves." In nominating a judge, "we want to determine whether he understands the inherent limits that make an unelected judiciary inferior to Congress or the president in making policy judgments," Gonzales said in the 20-minute speech to American Enterprise Institute, a Washington think tank. "That, for example, a judge will never be in the best position to know what is in the national security interests of our country." Gonzales did not cite any specific activist jurists or give examples of national security cases. Pressed later for examples, he noted that Congress approved the Military Commissions Act, which authorizes military trials for terrorism suspects, four months after the Supreme Court ruled the trials would violate U.S. and international law. "I don't think the judiciary is equipped at all to make decisions about what's in the national security interests of our country," Gonzales said. "How would they go about doing that? They don't have embassies around the world to give them that information. They don't have intelligence agencies gathering up intelligence information. ... It was never intended that they would have that role." Carl Tobias, a constitutional law professor at the University of Richmond in Virginia, said it is inevitable that courts would decide some of the most contentious questions involving national security. "Some of the most difficult issues are about national security, how to balance national security and civil liberties - especially in the context of domestic surveillance and enemy combatants," Tobias said. "Those are critically important issues that the courts are being asked to resolve." Gonzales, a former Texas Supreme Court justice, also characterized efforts to retaliate against unpopular rulings as misguided. He mentioned a failed South Dakota proposal to sue or jail judges for making unpopular court decisions. He also urged Congress to consider increasing the number of federal judges to handle heavy workloads and to offer them higher salaries to lure and keep the best ones on the bench. |
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Ethics reform bill approved by Senate
Law Center |
2007/01/19 08:28
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The US Senate passed the Legislative Transparency and Accountability Act of 2007 by a 96-2 vote Thursday, but declined to create a Senate Office of Public Integrity to investigate ethics breaches. The bill was the first major initiative taken by the Senate in the new Democrat-dominated session of Congress. The measure regulates lobbying activities by preventing lawmakers from accepting gifts and travel from lobbyists, requiring stricter reporting of lobbying activity, preventing spouses of lawmakers from lobbying the Senate and extending the period a former senator must wait before undertaking lobbying activities to two years. The final text passed by the Senate, however, did not include a provision which would have required disclosure of grass-roots lobbying. Senators voted 55-43 not to include that provision in the bill. The bill also requires clearer reporting of home state projects, denies pension benefits to those convicted of serious crimes and requires lawmakers to pay the full price fare when traveling on chartered planes. Opponents of the bill complained the measure discouraged free speech by deterring petition drives, but majority leader Sen. Harry Reid (D-NV) called the measure "the most significant legislation in ethics and lobbying reform we've had in the history of this country." |
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Family sues radio station over Wii death
Breaking Legal News |
2007/01/19 05:24
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The family of a California woman who died after participating in a radio station's water-drinking contest to win a Nintendo Wii will sue the station, their lawyer said on Thursday. Jennifer Strange, 28, a mother of three, died from suspected water intoxication after taking part in last Friday's competition, 'Hold Your Wee for a Wii'. About 20 people tried to out-drink each other without going to the toilet. Sacramento station KDND-FM responded by sacking ten members of staff, including several DJs, and cancelling the 'Morning Rave' programme. The DJs had joked about people dying from water intoxication and teased Strange about her distended stomach. "The station knew this was a dangerous and potentially deadly stunt, but flippantly dismissed the dangers," lawyer Roger Dreyer said in a statement. "Hearing the tape [of the radio show], it's very clear they knew of the dangers and could foresee that this could lead to Jennifer's death." The station could not be reached for comment because its phone number was continuously engaged on Thursday evening. Police are also investigating the death for possible criminal charges. An excess of water in the body can lead to the dilution of vital fluids. That in turn can lead to swelling of the brain, seizures, comas, an irregular heartbeat and in some cases death. |
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Supreme Court allows deportation for aiding car theft
Breaking Legal News |
2007/01/18 11:52
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The US Supreme Court ruled Wednesday that an alien convicted for aiding and abetting a theft offense can be deported under the Immigration and Nationality Act (INA). In Gonzales v. Duenas-Alvarez, Luis Alexander Duenas-Alvarez, a legal permanent resident, pleaded guilty to the unlawful driving or taking of a vehicle in violation of California law - Cal. Veh. Code Ann. §10851(a) - and the Department of Homeland Security took steps to remove him from the country under the INA, specifically under 8 USC §1101(a)(43)(G). The immigration judge hearing the case and the Board of Immigration Appeals dismissed Duenas-Alvarez's appeal, but the US Court of Appeals for the Ninth Circuit disagreed in light of its recent decision in Penuliar v. Ashcroft, where the Ninth Circuit held that violating §10851(a) of the California Vehicle Code is not a theft offense under the INA. |
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Court upholds killing of 'Wal-Mart bill'
Court Watch |
2007/01/18 08:52
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A federal appeals court on Wednesday said the State of Maryland may not require large retailers (Wal-Mart was the target) to spend 8 percent of their payrolls on health care for employees. In a 2-1 ruling, the U.S. Court of Appeals for the Fourth Circuit upheld a lower court ruling that said Maryland's law violated the Employee Retirement Income Security Act. (That federal labor law says companies may offer uniform health benefits across the country rather than deal with a variety of state requirements.) "Hopefully this will send a message to other states," said the American Legislative Exchange Council (ALEC), a group that represents the interests of state lawmakers and advocates free-market policies. According to ALEC, five other states - Indiana, Minnesota, Missouri, Mississippi and New York -- have all filed "Fair Share" bills like the one that became law in Maryland. A Wal-Mart defense group -- Working Families for Wal-Mart -- applauded the appeals court ruling. |
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UN SG Ban concerned over stalled Hariri tribunal
International |
2007/01/18 06:54
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UN Secretary-General Ban Ki-moon said Wednesday that he is concerned about the status of ongoing discussions between the UN and Lebanon on the proposed UN-supported international tribunal to try suspects accused of assassinating former Lebanese Prime Minister Rafik Hariri in February 2005. Ban said: It is important that the Security Council has decided to establish a special tribunal. The United Nations has concluded agreement with the Lebanese Government. It is a source of concern for me, as Secretary-General, that we are not being able to establish a special tribunal, as was mandated by the Security Council. At the same time, I was encouraged by the willingness of the Lebanese Government to work together for the establishment of a special tribunal, including President Lahoud and Speaker of the Parliament Berri. I will discuss again this matter with the Lebanese leaders when I meet them in Paris.
The Lebanese cabinet approved a draft plan for the tribunal in November despite the resignation of all six pro-Syrian members. In December, Lebanese President Emile Lahoud formally refused to endorse the document, calling on the cabinet to take up the proposal again "when there is a legitimate and constitutional government." The measure has been approved by the UN but requires backing by both Lahoud and the Lebanese parliament before the tribunal can said to have been formally accepted. |
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