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Appeals court skeptical of fairness of trader's conviction
Lawyer News |
2015/05/15 11:59
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An appeals court panel on Wednesday expressed doubts about the fairness of a prosecution that led to a prison sentence for a man convicted of defrauding a government bailout program.
A three-judge panel of the 2nd U.S. Circuit Court of Appeals had plenty of questions for a prosecutor as it conducted oral arguments in an appeal by Jesse Litvak, a bond trader on the Stamford, Connecticut, trading floor at Jefferies & Co. Inc.
Litvak, who's from New York, was sentenced last year to two years in prison after a jury convicted him of securities fraud, defrauding the Troubled Asset Relief Program and making false statements to the federal government. He has not had to serve his sentence pending appeal.
The conviction made Litvak, 40, the first person convicted of a crime related to the program, which used bailout funds in the financial meltdown to boost the economy.
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Duke Energy will be in federal court for coal ash crimes
Lawyer News |
2015/05/14 11:59
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As the nation's largest electricity company prepares to plead guilty to violating the federal Clean Water Act, Duke Energy has started delivering bottled water to people with tainted wells close to its North Carolina coal ash pits.
Duke has long denied its 32 dumps in the state have contaminated the drinking water of its neighbors, suggesting any worrying chemicals found in the wells is likely naturally occurring.
But recent state-mandated tests found that more than 150 residential wells tested near Duke's dumps have failed to meet state groundwater standards, and residents have been advised not to use their water for drinking or cooking.
Many of the results showed troublesome levels of toxic heavy metals like vanadium and hexavalent chromium — both of which can be contained in coal ash. And some of the residents have retained lawyers.
Duke spokeswoman Erin Culbert told The Associated Press that any homeowner who gets a state letter warning of a tainted well will get safe bottled water from Duke, if they request it.
While denying responsibly for the problem, Culbert said Duke simply wants to provide the homeowners "peace of mind."
Duke is scheduled to plead guilty Thursday to nine environmental crimes as part of a negotiated settlement with federal prosecutors requiring it to pay $102 million in fines and restitution. The proposed settlement over years of illegal pollution leaking from ash dumps at five of Duke's plants has been sealed, so it wasn't clear before the hearing whether people with contaminated well water will benefit. |
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Court hears appeal in terror-related custody dispute
Lawyer News |
2015/03/27 16:42
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A lawyer for a radical Muslim convert imprisoned for supporting terrorism urged a federal appeals court Thursday to revive the man's parental rights lawsuit, which a judge had dismissed as frivolous. Jason LaFond told a three-judge panel of the 4th U.S. Circuit Court of Appeals that Zachary Chesser's complaint against his mother and FBI agents, while lengthy and complicated, was not fanciful and was supported by numerous documents. The judge who dismissed the lawsuit "didn't say whether it was factually or legally frivolous, but it was neither," LaFond said. Court papers show that Chesser attempted to join the al-Shabab terrorist group in Somalia, taking his baby with him to the airport in an attempt to look less suspicious. It didn't work. Chesser, who had attracted law enforcement attention after posting threats against the creators of "South Park" for cartoons he felt insulted the prophet Muhammad, was arrested and pleaded guilty in 2010 to attempting to support terrorist groups and threatening violence online. He was sentenced to 25 years in prison. |
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Few top GOP officials back same-sex marriage at high court
Lawyer News |
2015/03/20 13:25
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The partisan divide over same-sex marriage among top elected officials remains stark, with Democrats overwhelmingly on record in favor and Republicans mostly silent so far.
The list of Republicans who are supporting same-sex marriage, in a case set for arguments April 28 at the Supreme Court, is much longer than it was two years ago, but it remains conspicuously short of sitting members of Congress and governors.
President Barack Obama is the top Democrat calling on the Supreme Court to extend same-sex marriage nationwide. He is joined by 211 Democrats and independents in Congress and 19 Democratic state attorneys general.
On the Republican side are just seven sitting members of Congress and one governor, Charlie Baker of Massachusetts.
Massachusetts was the first state in which same-sex couples could marry, starting in 2004, as a result of a state Supreme Court ruling.
Baker put his support in personal terms. "My view on this is pretty simple. I have a brother who's gay. He lives in Massachusetts. He's married," Baker said when the Republicans' brief was filed in early March. "There simply wasn't a moral justification" for denying same-sex couples the right to marry, Baker said. |
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Supreme Court sides with Kansas in water dispute
Lawyer News |
2015/02/25 10:33
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The Supreme Court on Tuesday ordered Nebraska to pay Kansas $5.5 million in a long-running legal dispute over use of water from the Republican River.
The justices also gave Nebraska some of what it asked for and ordered changes to the formula for measuring water consumption. Nebraska argued that the formula was unfair.
Justice Elena Kagan, writing the majority opinion, said the court was adopting the recommendations of the independent expert the justices appointed to help resolve the states' differences.
The dispute centers on a 1943 compact allocating 49 percent of the river's water to Nebraska, 40 percent to Kansas and 11 percent to Colorado. Since 1999, Kansas has complained that Nebraska uses more than its fair share of water from the river, which originates in Colorado and runs mostly through Nebraska before ending in Kansas.
"Both remedies safeguard the compact; both insist that states live within its law," Kagan wrote.
Nebraska Attorney General Doug Peterson's office said it was pleased with the decision. The $5.5 million award is significantly less than the $80 million that Kansas had sought.
"We hope the decision will move the basin states forward and provide continued incentives toward shared solutions to our common problems," the office said in a statement. "We are confident that payment of the court's recommended award will finally allow us to leave the past where it belongs — in the past."
While calling the decision "reasonable," Nebraska Gov. Pete Ricketts said he looked forward to working with his Kansas and Colorado counterparts to move forward. |
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Alabama begins issuing marriage licenses to gay couples
Lawyer News |
2015/02/09 15:30
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Alabama began issuing marriage licenses to same-sex couples Monday despite an 11th-hour attempt from the state's chief justice - an outspoken opponent - to block the weddings.
The U.S. Supreme Court said Monday morning that it wouldn't stop the marriages, and shortly after, probate judges began granting the licenses to couples, some of whom had been lined up for hours and exited courthouses to applause from supporters.
"It's about time," said Shante Wolfe, 21. She and Tori Sisson of Tuskegee had camped out in a blue and white tent and became the first in the county given a license.
Most probate judges issued the licenses despite Chief Justice Roy Moore's Sunday night order that they refuse. It was a dramatic return to defiance Moore, who was removed from the post in 2003 for refusing to obey a federal court order to remove a washing machine-sized Ten Commandments from the state judicial building. Critics lashed out that Moore had no authority to tell county probate judges to enforce a law that a federal judge already ruled unconstitutional.
Susan Watson, executive director of the American Civil Liberties Union of Alabama, said she has heard of four counties where judges have refused to issue marriage licenses to same-sex couples. |
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