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Appeals court skeptical of fairness of trader's conviction
Attorneys News |
2015/05/14 23:47
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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
Legal Watch |
2015/05/14 23:47
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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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Man kills his lawyer, judge, co-defendant in Milan court
Court Center |
2015/04/15 22:21
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A real estate developer on trial for fraudulent bankruptcy fired 13 shots inside the Milan Tribunal on Thursday, killing his lawyer, a co-defendant and a judge, eluding court security before being captured 25 kilometers away.
The shooting raised concerns about security at Italy's courthouses, where much of the surveillance has been outsourced to private contractors, and about Italy's ability to protect visitors during the Milan Expo 2015 world's fair, which opens May 1 and is expected to attract 20 million visitors over six months.
Premier Matteo Renzi pledged a robust investigation into how the gunman, identified as Claudio Giardiello, managed to bring a pistol into the monumental Fascist-era tribunal, where defendants and other visitors are required to pass through metal detectors, but accredited court officials, including lawyers, are not.
"Our commitment is that this never happens again, and that those responsible pay," Renzi said.
The chief federal prosecutor in Milan, Edmondo Bruti Liberati, told reporters it appeared Giardiello may have used a fake document to enter through the only pedestrian entrance not equipped with a metal detector and intended only for use by accredited court officials. He said the metal detectors at the other entrances were in good working order.
Bruti Liberati praised law enforcement, who apprehended Giardiello at a shopping center more than an hour after the shooting. They had identified the license plate on his motor bike with video surveillance cameras and tracked his arrival in Vimercate, some 25 kilometers (15 miles) from the scene in the heart of Milan.
Prosecutors said Giardiello, 57, was still armed with a loaded pistol and intended to kill another business partner whom he blamed for a failed real estate venture. |
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NC appeals court takes up DNA clearing convicted killer
Law Firm Business |
2015/04/15 22:21
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The court wrangling resumes over whether to free a North Carolina man a judge described as probably innocent despite 20 years in prison on a marred double-murder conviction.
The state Court of Appeals hears arguments Wednesday on whether to free Darryl Howard on bond.
Howard was convicted in 1995 of sexually assaulting and strangling a woman and her 13-year-old daughter.
A Durham judge ruled authorities withheld evidence during Howard's 1995 trial that could have cleared him and that he must be retried.
The judge said new evidence showed possible misconduct in the case by a Durham detective and former Durham prosecutor Mike Nifong, who was disbarred after the Duke University lacrosse case. State investigators determined in 2007 that Nifong lied and withheld evidence proving the innocence of the athletes.
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Ex-Premier Zia avoids arrest as Bangladesh court grants bail
Court Center |
2015/04/07 20:34
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Former Bangladesh Prime Minister Khaleda Zia avoided arrest on corruption charges Sunday after a court granted her bail.
Judge Abu Ahmed Jamadder approved Zia's request for bail when she surrendered to court in the capital, Dhaka.
Zia left her office for the first since Jan. 5, when authorities had initially barred her from leaving to attend an anti-government rally calling for the resignation of Prime Minister Sheikh Hasina, her archrival. Authorities later said she was free to move to her nearby residence, but Zia refused, vowing to continue with anti-government protests that have turned violent, leaving nearly 115 people dead since the beginning of the year.
Zia's lawyers have rejected allegations that she illegally collected more than $1 million in donations for a charity during her last premiership in 2001-2006, and say the charges are politically motivated, which authorities deny. The trial began early last year.
The court had issued an arrest warrant for Zia in February after she failed to appear to answer the charges against her. Prosecutors on Sunday did not oppose Zia's bail request.
Zia currently leads a 20-party opposition alliance that has been enforcing a nonstop transportation blockade across the South Asian country since early January to demand that Hasina resign and a new election be called.
The blockade began after a year of relative calm following a January 2014 election that was boycotted by Zia's party. The boycott allowed Hasina to come to power with an overwhelming majority, and she says there is no need for another election before 2019, when her five-year term ends.
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Protesters inside Supreme Court face harsher charges
Headline News |
2015/04/07 20:32
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Protesters who demonstrated inside the U.S. Supreme Court are facing the threat of a year in jail and stiff fines, a sign that prosecutors and the justices themselves are losing patience over the courtroom interruptions after the third protest in just over a year.
Five people arrested last week after voicing displeasure with court decisions that removed limits on political campaign contributions now face charges including one that carries a maximum jail term of a year and up to a $100,000 fine — a sharp escalation from the possible penalties sought after two earlier protests.
A leader of the group behind the protests would not rule out future demonstrations, despite what he called an effort to crack down on the courtroom disturbances. "We are not going to be silenced," said Kai Newkirk, whose group 99Rise opposes the influence of big money in elections.
While protests on the sidewalk outside the U.S. Supreme Court are common, until last year demonstrators had rarely broken the decorum of oral arguments inside the courtroom. In February 2014, however, Newkirk was removed from the courtroom after he stood and called on the court to overturn its 2010 Citizens United decision, which freed corporations and labor unions from some limits on campaign spending. It was the first protest to disrupt an argument session in more than seven years. |
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Afghan Court Sentences AP Journalist’s Killer to 20 Years
Headline News |
2015/03/31 21:15
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Afghanistan’s highest court has ruled that the police officer convicted of murdering Associated Press photographer Anja Niedringhaus and wounding AP correspondent Kathy Gannon almost one year ago should serve 20 years in prison, according to documents sent to the country’s attorney general on Saturday.
The final sentence for former Afghan police unit commander Naqibullah was reduced from the death penalty recommended by a primary court last year. Twenty years in prison is the maximum jail sentence in Afghanistan, said Zahid Safi, a lawyer for the Associated Press who had been briefed on the decision by the Supreme Court. The Supreme Court ruling upholds an intermediate court’s decision, which was opposed by the Military Attorney General’s office.
Naqibullah, who uses only one name, opened fire on Ms. Niedringhaus and Ms. Gannon without warning on April 4 as the two were covering the first round of the country’s presidential election outside the city of Khost in southeastern Afghanistan.
An award-winning German photographer, Ms. Niedringhaus was renowned for her humane depictions of ordinary life as well as for her coverage of conflict zones from the Balkans to Iraq, Libya and Afghanistan. She died instantly of her wounds at the age of 48. Ms. Gannon, a senior correspondent for Afghanistan and Pakistan with decades of experience in the region, was hit with six bullets that ripped through her left arm, right hand and left shoulder, shattering her shoulder blade. She is recovering from her injuries while undergoing physical therapy in her native Canada.
According to witnesses and court testimony, Ms. Gannon and Ms. Niedringhaus were seated in the back seat of a car parked in a crowd of police and election officials at a police station when Naqibullah walked up to the vehicle, shouted “Allahu Akbar,” and fired on them with a Kalashnikov assault rifle. He surrendered immediately. Witness and official accounts suggested the shooting was not planned. |
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