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Virginia Tech Panel Taps Law Firm For Advice
Breaking Legal News | 2007/06/07 05:57

The panel created by Governor Tim Kaine to study the Virginia Tech shootings has hired an outside law firm for advice.

The international law firm Skadden, Arps, Slate, Meagher and Flom will work with the panel on a pro bono basis. The states' attorney general's office has been advising the panel, state police and Virginia Tech.

According to the panel's chairman Gerald Massengill, because of the independent nature of the panel, outside counsel was necessary to provide legal advice.

Governor Kaine created the panel in order to study the circumstances and responses surrounding the April 16 tragedy.



Former DOD Employee Pleads Guilty to Fraud
Breaking Legal News | 2007/06/06 10:08

A former civilian employee of the Department of Defense (DOD) and former member of the California Army National Guard, has pleaded guilty to defrauding the United States and conspiring with four other individuals to do the same, Assistant Attorney General Alice S. Fisher of the Criminal Division announced today.

Jesse D. Lane Jr. pleaded guilty in federal court in Los Angeles before U.S. District Judge Percy Anderson to one count of conspiracy and one count of honest services wire fraud. As part of his plea, Lane admitted that he and his co-conspirators were members of the 223rd Finance Detachment, a unit of the California National Guard that processes pay for Army National Guard members, and were deployed together to Iraq and Kuwait from March 2004 until February 2005, when they returned to their home drilling post in Compton, Calif. Beginning in March 2005, and continuing through August 2005, Lane accessed a DOD pay-processing computer system and inputted thousands of dollars in unauthorized DOD pay and entitlements for himself and his co-conspirators. In return, Lane’s co-conspirators kicked back at least half of the money they received to Lane.

Lane faces a maximum penalty of five years in prison for conspiracy, 20 years in prison for honest services wire fraud, and three years of supervised release. Sentencing was set for Sept. 24, 2007.

On Nov. 13, 2006, Lane’s co-conspirators Jennifer Anjakos of Chula Vista, Calif., Lomeli Chavez of Oceanside, Calif., and Derryl Hollier and Luis Lopez of Los Angeles each pleaded guilty to one count of conspiracy to commit wire fraud on related charges arising from this scheme. Their sentencings have been scheduled for Sept. 10, 2007.

These cases are being prosecuted by trial attorney John P. Pearson of the Public Integrity Section of the Criminal Division, which is headed by Section Chief William M. Welch II. These cases are being investigated by the U.S. Army Criminal Investigation Division, the Internal Revenue Service Criminal Investigation Division, the FBI, and the Defense Criminal Investigative Service, in support of the Justice Department’s National Procurement Fraud Task Force and the International Contract Corruption Initiative. The prosecution has received substantial assistance from the California National Guard and the U.S. Army Audit Agency.

The National Procurement Fraud Initiative was announced by Deputy Attorney General Paul J. McNulty in October 2006, and is designed to promote the early detection, identification, prevention and prosecution of procurement fraud associated with the increase in contracting activity for national security and other government programs. As part of this initiative, the Deputy Attorney General has created the National Procurement Fraud Task Force, which is chaired by Assistant Attorney General Fisher.



FCC too harsh on 'fleeting expletives,' court rules
Breaking Legal News | 2007/06/05 07:42

Kevin Martin, chairman of the FCC, said the agency was now considering whether to seek an appeal before all the judges of the appeals court or to take the matter directly to the Supreme Court. The decision, by a divided panel of the 2nd U.S. Circuit Court of Appeals in New York, was a sharp rebuke for the FCC and for the Bush administration. For the four television networks that filed the lawsuit, Fox, CBS, NBC and ABC, it was a major victory in a legal and cultural battle that they are waging with the commission and its supporters.

Under Bush, the FCC has expanded its indecency rules, taking a much harder line on obscenities uttered on broadcast television and radio.

While the court sent the case back to the commission to rewrite its indecency policy, it said that it was "doubtful" that the agency would be able to "adequately respond to the constitutional and statutory challenges raised by the networks."

The networks hailed the decision.

Martin, the chairman of the commission, attacked the court's reasoning.

He said that if the agency was unable to prohibit some vulgarities during prime time, "Hollywood will be able to say anything they want, whenever they want."

Beginning with the FCC's indecency finding in a case against NBC for an obscenity uttered by the U2 singer Bono during the Golden Globes awards ceremony in 2003, Bush's Republican and Democratic appointees to the commission have imposed a tougher policy by punishing any station that broadcasts a fleeting expletive.

That includes profanities blurted out on live shows like the Golden Globes or scripted shows like "NYPD Blue," which was cited in the case.

Reversing decades of more lenient policy, the commission had found that the mere utterance of certain profane words implied that sexual or excretory acts were carried out and therefore violated the indecency rules.

But the court said vulgar words were just as often used out of frustration or excitement, and not to convey any broader obscene meaning.

"In recent times even the top leaders of our government have used variants of these expletives in a manner that no reasonable person would believe referenced sexual or excretory organs or activities," the court said

Adopting an argument made by lawyers for NBC, the court then cited examples in which Bush and Cheney had used the same language that would be penalized under the policy. Bush was caught on videotape last July using a common vulgarity that the commission finds objectionable in a conversation with Prime Minister Tony Blair of Britain.

Three years ago, Cheney was widely reported to have muttered an angry profane version of "get lost" to Sen. Patrick Leahy on the floor of the U.S. Senate.



Supreme Court rules in favor of Safeco, Geico
Breaking Legal News | 2007/06/04 11:36

The U.S. Supreme Court limited the rights of consumers under a federal credit-reporting law in a victory for insurers Safeco Corp. and Geico Corp. and other financial-services companies. The justices today said the Fair Credit Reporting Act doesn't require insurers to notify every consumer who is offered something short of the best rate when seeking a quote or applying for a policy.

"Notices as common as these would take on the character of formalities, and formalities tend to be ignored,'' Justice David Souter wrote for seven of the court's nine justices.

The court also unanimously limited the applicability of a provision that permits damage awards even when consumers don't suffer any injury. Although the justices didn't go as far as the insurance industry had sought, they said Safeco wasn't subject to the provision because it didn't recklessly violate the law.

The insurance industry had said it faced the prospect of billions of dollars in damage claims had it lost the high court case. Some 2,600 lawsuits alleging violations of the fair-credit law are pending in federal courts.

The "most critical aspects'' of the ruling favored the industry, said David F. Snyder, a lawyer with the American Insurance Association. "The Supreme Court balanced both consumer needs and business needs in a common-sense decision.''



DOJ charges 4 in alleged JFK Airport terror plot
Breaking Legal News | 2007/06/03 11:41

Federal authorities arrested three men Saturday and are still searching for a fourth after foiling a terrorist plot to bomb John F. Kennedy International Airport. The complaint charging the four men claims the plot was intended to "cause greater destruction than in the Sept. 11 attacks," according to one of the suspects. The plot could have destroyed parts of New York's borough of Queens, where an underground fuel pipeline serving the airport runs.

Authorities have been tracking the plot for more than a year. The suspects include Russell Defreitas, a US citizen native to Guyana and former JFK air cargo employee, Abdul Kadir of Guyana, Kareem Ibrahim of Trinidad, and Abdel Nur of Guyana, who is still being sought in Trinidad. Defreitas said he formed the plot more than a decade ago when he worked as a cargo handler. He said he chose the airport because its destruction would put "the whole country in mourning."



Judge to release Libby sentencing letters
Breaking Legal News | 2007/06/01 07:43

US District Judge Reggie B. Walton said Thursday that he will release more than 150 letters he has received in relation to next week's sentencing of former vice-presidential aide I. Lewis "Scooter" Libby. While Libby opposed the release of the letters, saying that the writers did not intend for them to become public, various news sources argued that the letters were now matters of public record. Walton agreed that transparency is needed and will release the letters, minus addresses and other personal information, after Tuesday's sentencing.

Walton said that the letters run the full spectrum, with some urging leniency while others call for a substantial sentence. Special Prosecutor Patrick Fitzgerald recommended a sentence of two-and-a-half to three years, following Libby's March conviction of perjury and obstruction of justice related to the investigation of the Valerie Plame CIA leak case.



US violent crimes, FISA warrants up in 2006
Breaking Legal News | 2007/06/01 06:40

FBI Assistant Director of Public Affairs John Miller said Wednesday during an interview with C-SPAN that an FBI report expected to be released next week will detail a nationwide increase in murders, robberies and other violent crimes for a second straight year. Miller said the report will likely show "a continued uptick in violent crime, particularly among midsized American cities." Miller also told AP and the New York Daily News that 2,176 Foreign Intelligence Surveillance Act (FISA) search warrants were approved by the Foreign Intelligence Surveillance Court (FISC) in 2006, an increase from 1,754 in 2005.

Miller said most of warrants were issued against search targets inside the United States, and attributed the increase to a "high tempo of terrorist activity." In April of last year, the US Department of Justice (DOJ) reported a record number of approved FISA warrants during 2005. The Bush administration has sought amendments to FISA, which it says is inflexible and unable to meet the threat of terrorism.

In December, the FBI's Preliminary Semiannual Uniform Crime Report found an increase of 3.7 percent in violent crimes, but a 2.6 percent decrease in property crimes such as burglary, larceny-theft, and motor vehicle theft. In 2005, the FBI's Annual Report on Violent Crime found that violent crimes had increased for the first time since 2001 by 2.3%.



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