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Court-appointed receiver recovers $312 million
Court News | 2013/03/04 12:59
Hundreds of millions of dollars have been recovered so far in a massive North Carolina-based Ponzi scheme that authorities say attracted more than 1 million investors.

The case involves Rex Venture Group, which operated several online projects. The Securities and Exchange Commission froze the company's assets in August.

Court-appointed receiver Kenneth Bell has filed a document in federal court in Charlotte detailing his expenses. As of Dec. 31, Bell says he has recovered $312 million and has incurred $1.6 million in fees and services for the investigation.

The SEC says the company, operated by Paul Burks of Lexington, ran a $600 million Ponzi scam, where money from new investors is used to pay out old ones.

Burks is paying a $4 million penalty and cooperating with the SEC.


Appellate court to consider Calif. paparazzi law
Court News | 2013/02/08 13:11
A judge has declined to reconsider his ruling dismissing charges filed under California's ant-paparazzi law which will trigger a full appeal before a panel of judges who have indicated they believe the law is constitutional.

Superior Court Judge Thomas Rubinson issued a notice on Monday declining to reconsider his decision to dismiss two charges against photographer Paul Raef, court records show. The judge ruled last year that the 2010 law was overly broad and violated the First Amendment, but Los Angeles prosecutors appealed the decision.

A three-judge appeals panel asked Rubinson to reconsider his ruling and indicated in a filing Jan. 28 that it believes the law is constitutional. The filing was issued based on a brief filed by prosecutors.

Raef was charged after authorities accused him of being involved in a high speed chase of Justin Bieber last year. He is the first person charged under the 2010 law that increased penalties for reckless driving by people trying to get photos for commercial gain.


UK murder suspect's extradition case set for 2013
Court News | 2012/12/10 23:10
A U.K. court will wait until next year to hold the extradition hearing of a Briton accused of hiring a hit man to kill his wife during their honeymoon in South Africa — after his mental state is reviewed.

The lawyer for Shrien Dewani says he has flashbacks and is a "husk" of his former self. Attorney Clare Montgomery said Monday it is unthinkable he would be able to plan any escape.

Dewani's mental condition will be reviewed in April, with a full extradition hearing set for July.

The 32-year-old is accused of arranging the murder of his wife, Anni, 28. She was found shot dead in an abandoned taxi in Cape Town's Gugulethu township in November 2010.

In March, a British court halted Dewani's extradition, citing his mental state.


Former Navy lawyer goes before Kan. Supreme Court
Court News | 2012/10/24 16:50
A former Navy lawyer who was convicted during a court martial in 2007 for mailing secret information about Guantanamo Bay detainees is seeking to get his law license reinstated in Kansas.

Attorneys for Matthew Diaz will argue on Thursday before the Kansas Supreme Court to accept a recommendation from the Office of Judicial Administration to suspend his law license for three years effective 2008. Because of the timeline, Diaz would be reinstated with the Kansas bar.

The disciplinary hearing panel said Diaz warranted "significant discipline" for his actions, which included the act of printing and sending classified information and sending it to an unauthorized person.


MacDonald goes to court in 'Fatal Vision' case
Court News | 2012/09/22 15:52
Jeffrey MacDonald, a clean-cut Green Beret and doctor convicted of killing of his pregnant wife and their two daughters, is getting another chance to try proving his innocence — more than four decades after the nation was gripped by his tales of Charles Manson-like hippies doped up on acid slaughtering his family.

The case now hinges on something that wasn't available when he was first put on trial: DNA evidence. A federal judge planned to hold a hearing Monday to consider new DNA evidence and witness testimony that MacDonald and his supporters say will finally clear him of a crime that became the basis of Joe McGinniss' best-selling book "Fatal Vision" and a made-for-TV drama.

It's the latest twist in a case that has been the subject of military and civilian courts, intense legal wrangling and shifting alliances.



Appeals court affirms oil company polar bear rules
Court News | 2012/08/24 14:12
Oil companies operating in the Chukchi Sea off Alaska's northwest coast will have a negligible effect on polar bears and walrus, according to a federal Appeals Court ruling Tuesday that backed U.S. Fish and Wildlife Service rules on harassment of the animals.

A three-judge panel of the 9th Circuit Court of Appeals said the agency correctly issued rules that provide legal protection to oil companies if small numbers of polar bears or Pacific walruses are incidentally harmed.

"We're glad that the court has reaffirmed the appropriateness of our conservation measures," agency spokesman Bruce Woods said.

The Center for Biological Diversity sued over the rules, claiming both individual animals and entire populations must be analyzed for protection. Center attorney Rebecca Noblin said the Appeals Court agreed but concluded the Fish and Wildlife Service had done sufficient separate analyses. Noblin called the decision disappointing.

The Marine Mammal Protection Act generally prohibits the "take" of marine mammals. Take is defined to include harassment or annoyance that has the potential to injure or that could disrupt behavior patterns such as migration, nursing, breeding and feeding.


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