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Military high court to hear Kan. HIV exposure case
Top Legal News |
2013/09/30 22:21
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The highest court for the U.S. armed forces has agreed to hear the appeal of a Kansas airman convicted of assault for exposing multiple sex partners to HIV at swinger parties in Wichita, his attorney said Friday.
David Gutierrez was a sergeant serving at McConnell Air Force base in Kansas when he was sentenced in 2011 to eight years in prison and stripped of his rank in an aggravated assault case. Prosecutors told the trial judge that a stiff sentence would send a message that the military values the integrity of its service members, saying Gutierrez played Russian roulette with his sexual partners' lives.
The defense on appeal has won a rare opportunity to present before the U.S. Court of Appeals for the Armed Forces an argument that his attorney says could set a far-reaching precedent across the military.
"It will set the table for the entire military services as to what kind of evidence is necessary to find that someone can cause grievous bodily injury after testing positive for HIV," said Kevin McDermott, one of his defense attorneys.
In addition to the HIV issue, the military appeals court agreed Tuesday to decide whether the evidence was sufficient to find Gutierrez committed adultery. The defense contends Gutierrez can't be guilty of adultery because his wife participated with her husband in the "swinger's lifestyle."
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Once notable NJ lawyer given life sentence
Legal News |
2013/09/25 18:53
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A defense attorney who once had a roster of celebrity clients and boasted of having tried hundreds of cases in federal court was sentenced there on Monday to life in prison without parole after his conviction on nearly two dozen counts including murder conspiracy and racketeering.
Paul Bergrin, in custody since his 2009 arrest, wore khaki prison scrubs and showed little reaction as a judge read what amounted to several life sentences Monday afternoon in a federal courtroom in Newark.
The 57-year-old former federal prosecutor once represented an Army reservist charged in the Abu Ghraib prison scandal in Iraq and celebrities such as Queen Latifah, the rapper Lil' Kim and the group Naughty By Nature. He also represented reputed gang members and alleged drug kingpins from his offices in Newark.
Bergrin, formerly of Nutley, and several associates were arrested and charged in May 2009 with running his law business as a criminal enterprise. The U.S. attorney's office charged Bergrin with more than 30 counts including racketeering, setting up the murder of a witness, money laundering and drug offenses. His first trial, in which Bergrin represented himself, ended in a hung jury two years ago.
A second trial resulted in his conviction in March on 23 counts related to operating what prosecutors said was a racketeering enterprise that engaged in drug trafficking, prostitution, bribery, plotting to murder witnesses and money laundering. |
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Chicago Out-of-State Counsel Attorneys
Firm News/Illinois |
2013/09/25 18:53
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Local Counsel for Out-of-State Clients
Companies need attorneys who understand the business-to-business and government procurement environments. Having an attorney focused specifically in the business counsel marketplace can help focus on practical solutions.
Chicago based firm serves Circuit Court of Cook County, Illinois or Wake County, North Carolina. We deal with clients who have been served with complaints and disputes. If you find yourself having disputes with another company, don't hesitate to contact us for local representation. Are you out-of-state? That will not be a problem because we also offer local counsel for out-of-state clients and treat you just the same regardless of your location.
Commercial litigation can take a toll on businesses, especially when the unexpected happens. We know that it can also place an emotional and financial burdern on a business. With our experienced lawyers' in-depth knowledge of local laws and procedures, we can handle every aspect of your case so that you can concentrate on expanding your business for success.
The firm also advises businesses and entrepreneurs with legal issues regarding regulatory matters, so that they stay in compliance with Illinois administrative and statutory provisions governing their businesses. This will help guide employers in the review, drafting, and implementation of employment policies for a successful future. We have seen some businesses fail because of poor planning in their business needs. So, there is good reason to contact a business attorney for guidance.
The attorneys of The Roth Law Group treat every client as if they are the firm's most important client, no matter where you are located. For the highest quality legal advice in Chicago call us at 312-419-9599 or 919-654-6751 for our Norh Carolina office to talk with a local, Cook County or Wake County lawyer about the legal needs of your business. |
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Craig Hubble - Hawthorne Employment Discrimination Attorney
Firm News/California |
2013/09/23 18:40
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Hawthorne Employment Discrimination Attorney can help you with discrimination dealt with in the work environment. It is both a federal and California law that protects individuals from being discriminated in the workplace that is based upon an employee’s “protected characteristics,” such as race, color, age (over 40), gender, pregnancy, religion, national origin, marital status, physical or mental disability, medical condition, sexual orientation or political activities or affiliations.
In Los Angeles, discrimination can take the form of “disparate treatment,” such as termination, being denied raises or promotions, and other matters like negative performance reviews. Victims of discrimination in the workplace typically seek compensation for lost wages, emotional distress, punitive damages, attorney’s fees and court costs.
Mr. Craig Hubble is the aggressive and skilled attorney you need for your employment discrimination case. Contact us today for a free consultation as to your rights and potential remedies. Because these matters are pursued on a contingency basis, there is no fee unless and until you are compensated. |
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Ex-bank executive pleads guilty in Olympus fraud
Legal News |
2013/09/23 18:40
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A former bank vice president pleaded guilty Wednesday to a fraud charge, admitting he helped former Olympus Corp. executives carry out a fraud involving several hundred million dollars that deceived investors into thinking the company was firmer financially than it was.
Chan Ming Fon, 50, pleaded guilty in Manhattan to federal conspiracy to commit wire fraud. He said he assisted the executives as they misrepresented the financial condition of the maker of medical devices and cameras from at least 2004 through 2010 while he worked at two international financial institutions.
"I acknowledge that my conduct was wrong," Chan told U.S. District Judge Laura Taylor Swain.
Chan, a Taiwanese citizen and Singapore resident, was arrested in December in Los Angeles. He was expected to remain in the Los Angeles area after posting $1.5 million cash as part of his $3 million bail.
Prosecutors said Chan managed a fund that held a bond investment portfolio belonging to Olympus. The government said Olympus executives directed Chan to transfer the portfolio to an Olympus-controlled entity, making the company appear stronger financially than it was.
In a plea deal with the government that requires his cooperation, Chan admitted that he provided false and misleading information about the investment portfolio to Olympus's auditor, misleading investors into thinking the portfolio remained in safe and secure bonds. |
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Fed court nixes NJ appeal in sports betting case
Politics & Law |
2013/09/18 22:34
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A federal appeals court dealt another blow to New Jersey's efforts to legalize sports gambling Tuesday, upholding a ruling that the state's betting law conflicts with federal law and shouldn't be implemented.
The case was heard by a three-judge panel at the 3rd U.S. Circuit Court of Appeals in Philadelphia, and the state could seek to have the case re-heard by the full appeals court. But Tuesday's ruling more likely means New Jersey's last chance to legalize sports gambling is to ask the U.S. Supreme Court to hear the case.
A spokesman for Gov. Chris Christie didn't immediately return a message seeking comment Tuesday, but in the past Christie has said he would go to the nation's highest court if necessary.
Voters passed a sports betting referendum in 2011, and last year New Jersey enacted a law that limited bets to the Atlantic City casinos and the state's horse racing tracks. Bets wouldn't be taken on games involving New Jersey colleges or college games played in the state. Christie said at the time that he hoped to grant sports betting licenses by early this year, but those plans were put on hold.
The NFL, NBA, NHL, Major League Baseball and the NCAA sued the state last year, and the NCAA moved several of its championship events out of New Jersey, though it later relented.
The leagues said the betting law could harm the sanctity of the games. In a court deposition, MLB commissioner Bud Selig said he was "appalled" by Christie's actions.
Attorneys for the state had attacked the 1992 federal Professional and Amateur Sports Protection Act on several constitutional levels. They argued the law unfairly "grandfathered" Nevada, Oregon, Montana and Delaware, which each had some form of sports gambling at the time, and said the law violated state sovereignty and equal protection provisions and trampled the authority of state legislatures under the 10th Amendment. |
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Court asked to uphold BP settlement approval
Top Legal News |
2013/09/09 19:18
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Plaintiffs' attorneys who brokered a multibillion-dollar settlement with BP following the company's 2010 Gulf oil spill have asked a federal appeals court to uphold a judge's approval of the deal.
Only a "paltry few objectors" have raised the "narrowest of concerns" about the settlement that U.S. District Judge Carl Barbier approved in December 2012, private lawyers said in a filing Tuesday with the 5th U.S. Circuit Court of Appeals.
"None of them complain of their compensation calculations, identify what compensation they are entitled to under the Settlement, or define what other or greater compensation they believe they should receive," the attorneys wrote.
On Friday, BP attorneys argued that a three-judge panel of the 5th Circuit should overturn Barbier's approval order if the company's separate appeal of more recent rulings on settlement terms is unsuccessful. BP argues that Barbier misinterpreted the settlement and has allowed businesses to receive hundreds of millions of dollars for inflated or fictitious claims.
A different 5th Circuit panel heard the company's appeal in July but hasn't ruled yet. BP said it would still support Barbier's approval of the settlement if its appeal is successful.
Although Tuesday's brief doesn't explicitly address that dispute, plaintiffs' lawyers said BP initially was "thrilled" with how claims were being processed. They previously have argued that BP undervalued the settlement and underestimated how many claimants would qualify for payments.
Court-supervised claims administrator Patrick Juneau's office has made more than $4.5 billion in settlement offers to more than 55,000 Gulf Coast businesses and residents who claim the spill cost them money. |
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