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Supreme Court to review Exxon Valdez award
Breaking Legal News | 2007/10/29 09:44
The Supreme Court will decide whether a $2.5 billion punitive damages award against Exxon Corp. -- now Exxon Mobil -- for its role in the 1989 Exxon Valdez oil spill in Alaska was excessive. The justices agreed to hear the case Monday, and oral arguments will be held sometime next year. The suit was brought by fishermen, landowners, local governments and native Americans who claimed private economic harm from the spill. The company claimed it had already paid many millions in government fines, as well as $3.4 billion in cleanup costs.

A jury originally awarded $5 billion in 1994. A federal court later cut that amount in half, but it still was believed to be the largest punitive damages judgment of its kind in U.S. courts.

Much of the initial blame in the accident was placed on Capt. Joseph Hazelwood, whose alcohol abuse was found to have contributed to mistakes that let the ship to run aground. The company and the plaintiffs used different arguments when citing Hazelwood's actions, in efforts to boost their respective cases.

The issue was whether, based on past high court precedent limiting punitive awards, the judgment was too high. The company argues it should not have to pay any damages, and that the case has dragged on too long. Special maritime laws govern these kinds of disputes, and previous such cases will be important benchmarks when the justices grapple for a ruling.

Lawyers for the plaintiffs said the company has deep financial pockets, and even a multibillion-dollar judgment amounts only to "barely more than three weeks of Exxon's net profits."



Brazil judge keeps Cisco suspects in custody
International | 2007/10/29 08:54

A Brazilian judge has extended a term of temporary custody for six people connected with Cisco, the US technology giant accused of tax fraud, and imprisoned a further three people accused of involvement in the alleged scheme.

Some 40 people were arrested on October 16 after a two-year investigation involving police, public prosecutors and tax authorities. A former president and three serving senior executives of Cisco in Brazil, including its president, were held for five days. The former president was among six people retained in custody after the initial period and is among those held again on Friday.

Authorities say Cisco and its agents constructed a complex system of real and phantom companies to avoid import duties and other taxes amounting to R$1.5bn over the past five years. Cisco said it did not believe its employees had acted inappropriately and was co-operating with investigations.

In addition to Cisco executives, those arrested included employees of Cisco's main distributor in Brazil and of companies based at a technology park in Brazil's north-east. Also arrested were customs agents and tax inspectors.

Brazil, which is considered a key emerging market for Cisco along with Russia, India and China, accounts for about 1 per cent of Cisco's overall business, according to the company.

Officials said that over the past five years about 50 tonnes of goods had been imported each month under the alleged scheme at a declared total value of $500m. They said initial estimates put the amount of tax evaded at about R$1.5bn.



NHPD narcotics cop pleads guilty
Breaking Legal News | 2007/10/29 06:58
Former New Haven Police Department Lt. William “Billy” White, who headed the department’s narcotics unit for more than a decade, pleaded guilty Friday to conspiracy to commit bribery and theft of government property. White’s change of plea status — he pleaded not guilty shortly after his arrest last March — may result in a lesser sentence than if had he not changed his plea and had then been found guilty. White’s decision follows close on the heels of guilty pleas by former NHPD Detectives Jose Silva and Justen Kasperzyk, two other subjects of the federal investigation.

Following White and Kasperzyk’s arrest, the NHPD disbanded the narcotics unit and the city hired the Police Executive Research Forum to evaluate the NHPD. At forums since the original arrests, some city residents expressed frustration with a department they said has lost sight of community policing.

City Hall spokeswoman Jessica Mayorga said the three former police officers do not represent the general conduct of the rest of New Haven’s police force.

“It’s important for the community to understand that this is three officers who did despicable things,” Mayorga said. “These … officers do not represent the hard work of those 400 other officers.”

White has been charged with one count of bribery conspiracy — for which he faces up to five years imprisonment and a $250,000 fine — and two counts of government property theft, which could lead to 10 years and $250,000 in penalties. White must also pay restitution for the stolen federal and local funds and forfeit the money he gained from the bribery conspiracy, which will total over $25,000.

But the guilty plea affords White the benefit of a potential reduction of his Adjusted Offense Level, making 37 to 46 months imprisonment and a fine between $7,500 and $75,000 the most probable punishment. White is also subject to three years of supervised release after his prison term ends.

The Federal Bureau of Investigation began its undercover operation in July 2006, when a clandestine Connecticut State Police Sergeant began working with White, the supervisor of NHPD’s Narcotics Enforcement Unit at the time. Several incidents — including an FBI sting operation on Jan. 31, 2007 — confirmed White’s participation in unlawful acts and culminated in his indictment.

The FBI planted about $27,500 in a car with hidden cameras and microphones during its sting operation, luring White to the scene with a tip from the undercover agent’s informant. During this first encounter, White searched the trunk and removed $5,000 of the cash, professing he would not steal all of the funds in order to protect the informant’s safety. But later in the day, White, thinking the money belonged to a drug dealer, returned to the car and stole all of the money, splitting the stolen funds with the unnamed undercover officer.



Mokbel's brother guilty of drug trafficking
Court Watch | 2007/10/28 11:56

A brother of fugitive drug lord Tony Mokbel has pleaded guilty to drug trafficking at Melbourne County Court.

Kabalan Mokbel, 45, was arrested in Melbourne on April 11, 2003, after detectives from the Victoria police Purana task force found a stash of methamphetamine in his car.

Mokbel, a truck driver from suburban Brunswick, appeared before Melbourne's County Court on Monday, pleading guilty to one charge of trafficking a drug of dependence.

Judge Philip Coish adjourned the matter to November 12 for a pre sentence hearing and remanded Mokbel in custody.

His brother Tony is in jail in Greece awaiting extradition to Australia after skipping the country last year near the end of his trial for trafficking cocaine.



Former Court Clerk in Fix Over Tickets
Court Watch | 2007/10/28 11:47
A former court clerk is in a fix. She's charged with fixing 73 of her own parking tickets to avoid paying $5,112 in fines and late fees.

Dawn Nyberg, 32, of Blaine, was charged with theft by swindle of public funds, forgery, and misconduct by a public officer. The first two charges are felonies; the last is a misdemeanor.

Hennepin County District Court Administrator Mark Thompson said he had not seen anything similar in his 13 years with the court.

Nyberg's tickets were issued near the Hennepin County Government Center, averaging one every 10 days over two years. "The presumption is she was parking the car around here and coming into work," Assistant Hennepin County Attorney Tom Fabel said.

The complaint alleges Nyberg used her access to a county computer system to expunge her citations or enter incorrect information about her vehicle. Most times, Nyberg used her personal login, but sometimes she used other employees' names, the complaint said.

Nyberg paid no fines on any citations except the final two tickets, which she paid when she resigned June 25, 10 days after the trouble came to light.



Former Haitai Group CEO Found Guilty
International | 2007/10/27 11:57
A former business leader was found guilty Monday of embezzling corporate funds.

The Seoul Central District Court sentenced Park Kun-bae, a former chief administrator of Haitai Group, to an eighteen month prison term..

Park was indicted last November for embezzling 3.5 billion won from six Haitai subsidiaries.

"It is clear he directly or tacitly pressed the then heads of the six subsidiaries to support his embezzlement by using his corporate management power," the court said.


Judge Orders T.I. Released on Bond
Breaking Legal News | 2007/10/27 11:52
A federal judge ordered rapper T.I. released on $3 million bond Friday, but he must remain in home confinement while he awaits trial on weapons charges. U.S. Magistrate Judge Alan Baverman said the singer must remain under house arrest at a home in Henry County. He wasn't more specific about the location. T.I. (real name: Clifford Harris) will be monitored 24 hours a day by a private monitoring service that he must pay for.

He's restricted to the home except under certain circumstances, including medical appointments and court appearances. He cannot own any firearms and cannot have contact with any witnesses or informants in the case.

Noting that T.I has a team of highly qualified attorneys, the judge said: "You shouldn't do anything that will undermine their ability to represent you."

Defense lawyer Ed Garland argued that based on the amount of money being put up, there's no reason not to release his client.



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