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Lawyer pleads guilty to $47 million Ponzi scheme
Legal Watch | 2011/08/06 16:16
An Arkansas lawyer and businessman admitted today to staging a Ponzi scheme that netted more than $47 million, a scam that a prosecutor called the largest case of fraud in state history.

Kevin Lewis, 43, pleaded guilty today to one count of bank fraud in federal district court in Little Rock. He could face up to 30 years in prison, though U.S. Attorney Christopher Thyer said Lewis would likely receive between 10 to 13 years.

He will also have to pay restitution of almost $40 million, though that number could go down further as banks work to recover their losses.

Lewis acknowledged that he issued paperwork for fake rural improvement bonds often used by developers to defraud several Arkansas banks starting with a small bond in 1997.

That money went to maintain his business interests across the state, which range from a law firm to a clothing company. He used the money to make the payments on past fake bonds and support a personal lifestyle that included a house valued at more than $1 million, fancy cars and vacations, Thyer said.

Meanwhile, the bank that bought almost $23 million of the fake bonds, First Southern Bank in Batesville, was placed into receivership by authorities, Thyer said. Lewis had purchased majority ownership of First Southern, using a loan from another Arkansas bank that was backed by the fake bonds.


Calif. court hears appeal on gay juror dismissals
Legal Watch | 2011/08/05 16:16
A federal appeals case pending in California could determine if trial lawyers should be barred from dismissing potential jurors because they are gay.

The U.S. 9th Circuit Court of Appeals heard arguments Thursday in Pasadena that challenge a Los Angeles prosecutor's decision to strike a lesbian from the jury in an assault case against a gay federal inmate.

The Los Angeles Times reports a favorable ruling could extend constitutional discrimination protections to homosexuality, along with race, creed and gender.

Inmate Daniel Osazuwa says he hugged a guard who was homophobic and he overreacted. The guard fell and Osazuwa landed on him.

A public defender argues the trial judge erred in dismissing a lesbian from the jury, but a prosecutor says she was let go for another legitimate reason.


NYC lawyer pleads guilty to tax charge
Legal Watch | 2011/08/04 16:15
A lawyer has pleaded guilty to not paying taxes on nearly $11 million in income while working at a major Wall Street law firm.

John O'Brien entered the plea Thursday in federal court in Manhattan.

The government had accused the 48-year-old O'Brien of failing to pay $2.5 million taxes on $10.8 million in income from 2001 to 2008. They say during that time, he splurged on a weekend home, international travel and a rare book business.

Prosecutors say O'Brien has agreed to pay $2.8 million in back taxes and interest. At his Nov. 16 sentencing, he faces a maximum of four years in prison, though the term will probably be shorter under sentencing guidelines.


Ex-Schuyler teacher seeks OK to plead guilty
Legal Watch | 2011/08/01 16:06
A former Schuyler teacher accused of sending nude photos and sexually explicit text messages to a student is asking to plead guilty.

The Columbus Telegram reports that 26-year-old Jesse Harmon faces federal charges of enticing a minor in sexually explicit conduct, visual depiction of sexually explicit conduct and possession of child pornography.

According to a document filed last month, Harmon requested permission to plead guilty.

A police affidavit filed in Colfax County District Court says Harmon's texts included nude photos of himself, talk about sexual contact and requests for suggestive photos of the 16-year-old student.

A federal hearing for Harmon is scheduled for Aug. 19. He had pleaded not guilty in the state case before it was dropped.


NJ high court to rule in case of retired judge
Legal Watch | 2011/08/01 16:06
New Jersey's Supreme Court has upheld the censure of a retired Superior Court judge.

Steven Perskie was disciplined in March for not recusing himself in a timely fashion from a case involving his former campaign treasurer. A state Supreme Court committee also found Perskie was not forthcoming in his remarks to a Senate committee about the incident when he was facing re-appointment.

Today's ruling found Perskie shouldn't have rejected a request during a 2006 case that he recuse himself. He later recused himself for different reasons.

The court also found that Perskie didn't intentionally mislead the Senate committee when he answered questions about the incident.

Perskie served on the Superior Court in Atlantic County and retired in January 2010. He also served as a state legislator.


Fresno DA charges woman after deadly bus crash
Legal Watch | 2011/07/20 16:21
A woman accused of providing alcohol to a teenage driver who caused a deadly Greyhound bus crash has been charged with a misdemeanor, officials said Tuesday.

Michelle Kay Cole, 22, was charged with purchasing an alcoholic beverage for a person under 21 resulting in death, Fresno County District Attorney Elizabeth Egan said at a news conference.

Cole was cited Monday but not arrested, Egan said. She could face up to six months in jail and a $1,000 fine if convicted.

A California Highway Patrol report placed sole blame for the crash on 18-year-old Sylvia Garay. Investigators said she was drunk when her SUV hit a concrete barrier and overturned on Highway 99 on July 22, 2010.

The oncoming bus, carrying 31 passengers on a route from Los Angeles to Sacramento, struck the SUV, skidded into a concrete center divider, then tumbled down a 15-foot embankment and plowed into a eucalyptus tree shortly after 2 a.m. a few miles from downtown Fresno.

Garay, her two passengers and three people on the bus were killed. Authorities say Garay had a blood alcohol level of .11 when she died. The legal limit is .08.

The CHP report said the bus driver had no way to avoid the SUV, which was left without lights when it overturned.


Biesecker named to NC investigations, court beats
Legal Watch | 2011/07/12 16:24
Michael Biesecker, an award-winning reporter and investigative journalist for The News & Observer of Raleigh, has been hired by The Associated Press to cover federal courts, investigations and politics in North Carolina.

Biesecker is a North Carolina native and has spent his 15-year-career in his home state. He worked at the Winston-Salem Journal in a variety of positions including as a columnist and reporter before going to work for The News & Observer in 2003. He has covered the state capital for the newspaper since 2009.

His work probing the failings of North Carolina's mental health care system in 2008 uncovered more than 80 questionable deaths in state mental hospitals. The newspaper's series "Mental Disorder: The Failure of Reform" led to new policies on how state facilities report deaths and monitor care. He has won numerous awards from the North Carolina Press Association, including for general news and for investigative reporting. In 2008, he was part of a team that won an Associated Press Managing Editors Association First Amendment Award for reporting on access to email written by public officials.

The appointment was announced Monday by South Editor Lisa Marie Pane, Chief of Bureau Michelle Williams and Carolinas News Editor Evan Berland.

"Biesecker has some serious reporting chops and we're looking forward to his using those to cover the vitally important federal courts beat and being involved in some important investigative projects," Pane said.


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