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SEC settles case vs. Charlotte investment adviser
Securities | 2008/02/22 08:16

The Securities and Exchange Commission has settled its civil case against Vincent Lenarcic Jr., a Charlottean accused of investment-adviser fraud. Lenarcic has been ordered to pay $808,274 in restitution, but that payment will be deemed satisfied if Lenarcic pays restitution in a parallel criminal case. Lenarcic consented to the order without admitting or denying any of the allegations of the SEC's complaint.

The SEC contended Lenarcic committed securities and investment-adviser fraud in connection with the sale of securities held by Fundamental Growth Investors. The complaint alleged that from June 2000 to December 2003, Lenarcic misappropriated at least $807,000 by selling securities in Fundamental Growth's account and misappropriating the proceeds.



Rezko lawyer says jail 'degrading,' pleads for release
Breaking Legal News | 2008/02/22 08:01
Jailed political fundraiser Antoin "Tony" Rezko's lawyer made an emotional plea for his release from a federal lockup Wednesday, saying he is being held in "degrading" conditions where inmates must share underwear.

"It's disgusting, judge," chief defense counsel Joseph Duffy told U.S. District Judge Amy J. St. Eve.

Rezko, 52, a millionaire developer and formerly a fundraiser for both Sen. Barack Obama and Gov. Rod Blagojevich, is being held without bail awaiting the scheduled March 3 start of his political corruption trial. He is accused of joining with millionaire lawyer Stuart Levine in a scheme to use political influence to shake down companies.

Duffy told St. Eve that Rezko's living conditions at the federal Metropolitan Correctional Center are so horrible that some means must be found to get him out.

"It's a very degrading way for people to even try to serve time," Duffy said.

He said that while general population inmates have their own supplies of underwear, Rezko and others held in solitary must share.

Rezko, who was born in Syria and has extensive connections in the Mideast, had been free on $2 million bail but St. Eve revoked his bail and ordered him jailed Jan. 28 after prosecutors disclosed he had received $3.5 million from an overseas businessman without informing the court.

Duffy said that if Rezko is released, the defense will pay a security firm to put guards in Rezko's Wilmette mansion 24 hours a day to make certain he doesn't try to flee.

"They will physically deliver him to the courtroom every single day," Duffy said.

The judge said she already had asked the correctional center about Rezko's living conditions and said she was told he was not being singled out. She noted he was being held on a floor where high-profile defendants are kept while authorities assess any risk to them from being in the lockup's general population.

Levine has pleaded guilty and is expected to be the government's star witness at Rezko's trial.



Supreme Court allows prosecution of NASSCOM chief
Court Watch | 2008/02/22 06:58

The Supreme Court on Thursday allowed the prosecution of Chief of the National Association of Software and Services Companies (NASSCOM), Som Mittal, for not providing adequate security to a female employee who was raped and murdered in 2005.

“If you are the head of a company, you are responsible for the safety of your employees,” the apex court said.

Pratibha Srikant Murthy, an employee of Hewlett-Packard (HP) GlobalSoft's BPO (Business Process Outsourcing) unit was raped and murdered in Bangalore by a cab driver who was dropping her home after work.

Mittal was the Managing Director of Hewlett-Packard GlobalSoft Pvt Ltd at that time.

However, Hewlett-Packard said in a statement: “In the matter concerning the order passed by the Hon'ble Supreme Court in response to a petition filed by Som Mittal, HP India would like to clarify that the Hon'ble Court has not pronounced either Mittal or HP guilty on any count. It has only directed Mittal to urge all the contentions as available under law, including maintainability of the complaint, before the trial court. However, since the matter is sub-judice, HP would not like to comment on any specifics related to the case at this point,” it added.

NASSCOM, which is a body representing Indian IT companies and BPO firms, refused to comment.



Medical Device Ruling Redraws Lines on Lawsuits
Breaking Legal News | 2008/02/22 04:56

The Supreme Court’s decision Wednesday protecting many types of medical device makers from personal injury lawsuits began rippling through the courts and law offices almost immediately.

Hours after the decision in the case, Riegel v. Medtronic, was announced, lawyers involved in a group of Florida state court cases related to Johnson & Johnson’s drug-coated Cypher heart stent received an e-mail message from Judge Mary Barzee Flores asking for briefs on whether the lawsuits should be allowed to continue.

And lawyers for patients with injuries they attribute to other devices like heart valves, artificial hips and defibrillators said they were girding for a flood of court filings from device makers like Medtronic asking judges to dismiss such lawsuits.

“Medtronic probably already has summary judgment motions ready to go, and I expect to see them filed in the next few days,” said Hunter J. Shkolnik, a New York lawyer.

“The next six months will be consumed fighting about such motions,” Mr. Shkolnik predicted.

He represents more than 600 plaintiffs with lawsuits in state court in Minneapolis stemming from potentially faulty electrical leads Medtronic made for heart defibrillators.

Lasr fall, Medtronic recalled the product, known as the Sprint Fidelis, after reports that the leads — wires that connected the device to the heart — were more prone to developing potentially deadly fractures than an older lead called the Quattro.

In addition to the Sprint Fidelis and the heart stent cases — some in Massachusetts have named Boston Scientific rather than Johnson & Johnson as the defendant — lawyers said Wednesday’s Supreme Court ruling could also affect the course of personal injury lawsuits filed against St. Jude Medical over a silver-coated heart valve recalled in 2000.

There were 19 state and federal cases pending involving the St. Jude valve as of last October, according to filings with the Securities and Exchange Commission by the company, which is based in St. Paul.

Other lawsuits that could be affected are ones against Johnson & Johnson and Synthes over spinal disks, and Stryker over artificial hip components. Soundtec, an Oklahoma City-based producer of an implantable hearing aid, had been told just two weeks ago by the Arkansas State Supreme Court that the federal approval of its device did not protect it from a claim in state court that its design was defective. Lawyers say the Arkansas decision is now likely to be reversed.

Recent settlements of large groups of lawsuits on terms relatively favorable to device makers are a sign that lawyers had been anticipating the Supreme Court outcome, according to Mark Herrmann, a Chicago lawyer who defends drug and device companies.

In December, for example, Medtronic announced an agreement to pay $114.1 million to settle 2,682 injury lawsuits related to its 2005 recall of defibrillators with a defective battery. In November, Boston Scientific agreed to pay up to $240 million to settle 8,550 claims stemming from recalls of defibrillators made by a subsidiary, Guidant.

Plaintiffs in those cases are free to stay out of the settlements and try to continue suing the companies. But the odds against their success are much steeper now, according to both plaintiffs and defense lawyers.



Vanguard Names Successor to CEO Brennan
World Business News | 2008/02/22 04:55
The Vanguard Group announced Friday that F. William McNabb III was named president and director and will take over within a year as CEO of the nation's second-largest mutual fund company.

McNabb, 50, has been with Vanguard since 1986. He currently serves as a managing director overseeing Vanguard's institutional and international businesses, with about $700 billion in assets under management.

He will begin his role as president and director on March 1 and will succeed chief executive officer John Brennan within a year.

Brennan, 53, has served at Vanguard as president since 1989 and CEO since 1996. He will remain board chairman.

Valley Forge-based Vanguard manages $1.25 trillion in mutual fund assets, including more than $350 billion in employer-sponsored retirement plans.



Court Finds Ex-VW Employees Rep Guilty
World Business News | 2008/02/22 04:04
The former head of Volkswagen AG's employee council was convicted for his role in a wider corruption scandal at the automaker.

A Braunschweig court sentenced Klaus Volkert, 48, to two years and nine months in prison for his role in arranging illegally, among other things, trips abroad and prostitutes for employee representatives.

The court also convicted ex-manager Klaus-Joachim Gebauer on 40 counts of breach of trust. Gebauer was handed a suspended one-year sentence.

Volkert's attorney had argued that he should be cleared of all 48 counts of breach of trust against him.

Volkert testified that he helped arrange a lucrative contract for his former girlfriend, but denied that he had done anything wrong.

Gebauer had testified that he always acted on behalf of superiors and management, but acknowledged that the indictment against him was "largely accurate."



Serbs Protesters Attack UN Police
International | 2008/02/22 02:53
Serbs protesting Kosovo's independence for a fifth straight day Friday attacked U.N. police guarding a key bridge in northern Kosovo with stones, glass bottles and firecrackers on Friday.

Serbia's prime minister appealed for calm as the European Union condemned rioting in the capital Belgrade overnight when demonstrators attacked the U.S. embassy and other Western mission. The United States and EU heavyweights Britain, France and Germany have formally recognized Kosovo.

Serbian President Boris Tadic called an emergency meeting of the national security council, saying the riots that engulfed the capital overnight must "never happen again."

In Serb-dominated northern Kosovo, demonstrators waved Serbian flags and chanted "Kosovo is ours!" Police tried to keep protesters off the Kosovska Mitrovica bridge over the Ibar River. The bridge, which divides Kosovo Serbs from ethnic Albanians, has long been a flashpoint of tensions in Kosovo's restive north

Kosovo's ethnic Albanian leaders declared independence from Serbia on Sunday. The province, which is 90 percent ethnic Albanian, has not been under Serbia's control since 1999, when NATO launched airstrikes to halt a Serbian crackdown on ethnic Albanian separatists. A U.N. mission has governed Kosovo since.

Prime Minister Hashim Thaci said Friday the violence was reminiscent of former Serbian leader Slobodan Milosevic's bloody crackdown on ethnic Albanian separatists in Kosovo.



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