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Two former TYC employees indicted in sex abuse case
Court Watch |
2007/04/10 23:14
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Two former administrators at a Texas juvenile prison were arrested Tuesday on 13 charges of improper sexual conduct with six students. Former West Texas State School principal John Paul Hernandez and former assistant superintendent Ray E. Brookins each resigned in 2005 as an investigation by Texas Rangers; the case has only recently moved forward as Texas Attorney General Greg Abbott has taken over the case from a local prosecutor who declined to pursue most cases relating to the school from 2005-2006. The investigating Rangers alleged that they presented their findings to the state and US Attorney offices as well as the Department of Justice, but that no office showed interest in prosecution. Hernandez was charged with nine counts of improper sexual activity with a person in custody and nine counts of improper relationship with a student. Brookins faces up to 20 years in prison for charges of an improper relationship with a student and two years in prison for improper sexual activity with a person in custody. A 2006 US Department of Justice report said that sexual violence in US prisons, perpetrated by both inmates and prison staff, often goes unreported because abused inmates fear a reprisal. Last month, Texas Gov. Rick Perry appointed a commission to review the records of approximately 90 percent of the state's juvenile inmates following allegations by families and community activists that prison officials extended sentences in retaliation for inmates filing grievances. Staff-initiated sexual misconduct constituted 38 percent of allegations. The authors of the report also warned against placing juvenile inmates with the adult prison population, finding that the incidents of rape and abuse are five times higher against juveniles. The report, which was the second in an annual series required by the Prison Rape Elimination Act of 2003, showed a marked improvement over staff sexual misconduct and harassment since the initial 2004 study.
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Bush to allow cell research on unviable embryos
Law Center |
2007/04/10 23:13
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President George W. Bush will sign off on a bill providing funding for studies on embryos incapable of further development, but will refuse to endorse legislation that would subsidize stem cell research the White House announced Tuesday. The administration said in a formal policy statement sent to Congress that Bush would veto the Stem Cell Research Enhancement Act of 2007 because the law would "pay for research that relies on the intentional destruction of human embryos." The White House also said, however, that Bush would support the HOPE Act because it would provide funding for research into pluripotent stem cells that does not entail the destruction of embryos. In July, Bush vetoed the Stem Cell Research Enhancement Act of 2005 saying he refused to provide federal funding for stem cell research because many people consider the destruction of embryos murder. Simultaneously, Bush signed the Fetus Farming Prohibition Act, intended to prohibit "fetal farming," the method of creating fetuses for the sole purpose of research, after both the House and Senate passed the bill unanimously. |
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Court Bars Florida CPA from Preparing Tax Returns
Court Watch |
2007/04/10 23:12
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A federal judge has permanently barred Max Holcher of Naples, Fla., from promoting a scheme he calls "Tax Engineering" and from preparing federal income tax returns for others, the Justice Department announced today. According to the government complaint in the civil injunction suit, Holcher operates businesses known as Holcher & Company and Holcher CPA Group. According to the government complaint, Holcher, a certified public accountant (CPA), helped customers claim improper tax deductions for such non-deductible personal expenses as home maintenance expenses, vacations, and personal vehicle expenses. Holcher allegedly also prepared tax returns for customers falsely reporting employment income as royalties in order to evade Social Security taxes. The permanent injunction order was signed by Judge John Steele of the U.S. District Court for the Middle District of Florida. The court order requires Holcher to mail a copy of the injunction to all persons for whom he has prepared a federal tax return or form since 2002 and to provide the government with a list of his customers' names, addresses, e-mail addresses, phone numbers, and Social Security numbers. Since 2001, the Justice Department's Tax Division has obtained more than 230 injunctions to stop the promotion of tax fraud schemes and the preparation of fraudulent returns. Information about these cases is available on the Justice Department Web site at http://www.usdoj.gov/tax/taxpress2006.htm. |
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New head of FOIA office appointed
Legal Business |
2007/04/10 20:12
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Attorney General Alberto R. Gonzales today appointed Melanie Ann Pustay as Director of the Office of Information and Privacy. Pustay is a 24-year career civil servant at OIP, starting in the Department in 1983 as an attorney advisor. She has served as Acting Director since January 2007 and replaces Daniel J. Metcalfe as Director. Pustay manages the Department's responsibilities related to the Freedom of Information Act (FOIA), which include developing policy guidance and ensuring compliance with the FOIA, responding to initial information requests made to the senior leadership offices, adjudicating all appeals from denials by any Department component under the FOIA, and handling FOIA litigation matters. "Melanie brings more than two decades of highly relevant experience and a record of both accomplishment and leadership to this position," said Attorney General Gonzales. "OIP and the Department of Justice will continue to benefit from her insight, expertise and dedication to public service. I'm pleased she has agreed to serve in this critical role." During her tenure as Acting Director, OIP updated and completed the Department's March 2007 FOIA Guide, compiled the Department's report on compliance with Executive Order 13,392, and issued guidance for other agencies on proper reporting. Before becoming Acting Director, Pustay served for eight years as Deputy Director of OIP. In that capacity, she oversaw the handling of responses to initial requests made under the FOIA for records of the senior leadership offices of the Department. Additionally, beginning in 2003 and continuing today, she has worked with government officials in China, Argentina, Chile and other countries to assist in implementing guidance for openness-in-government initiatives. Pustay has extensive FOIA litigation experience and has argued cases before the District Court for the District of Columbia and the Court of Appeals for the D.C. Circuit, including handling a case in 1998 involving access to former FBI Director J. Edgar Hoover's official and confidential files. In 1992, she was responsible for the Department's senior leadership compliance with the President John F. Kennedy Assassination Records Collection Act, which required the federal government to make records of President Kennedy's assassination publicly available. In 1987, Pustay was given primary responsibility for drafting Executive Order 12,600, which established procedures to provide notice to businesses when their information is sought under the FOIA. Pustay has received the Attorney General's Distinguished Service Award for her role in providing legal advice, guidance and assistance on records disclosure issues. Pustay worked briefly at a Washington-area law firm before coming to the Department in 1983. She graduated from American University's Washington College of Law in 1982, where she served on Law Review. Pustay received her B.A. from George Mason University in 1979, graduating summa cum laude. http://permanent.access.gpo.gov/lps9890/lps9890/www.usdoj.gov/ag/foia.htm |
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Arab rights group assails Jordan human rights record
International |
2007/04/10 13:13
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Jordan demonstrated a poor human rights record in 2006, according to a report released Tuesday by the Arab Organization for Human Rights. The report singled out for particular criticism the country's controversial Terrorism Prevention Law, passed last year in response to the Amman hotel bombing that killed 57 people in 2005. The AOHR joined opposition parties and UN officials in characterizing its provisions as tantamount to martial law, saying it imposes harsh penalties beyond the scope of the criminal code. The report also denounced the decision to extradite suspected terrorist Mohammad Zaki Amawi, a dual citizen, to the United States without providing him a prior trial in Jordan. It additionally condemned Jordan's agreement with the US not to deliver any US citizen to the International Criminal Court at The Hague without prior written approval from Washington. According to both the AOCHR report and the 2006 US Department of State Country Report for Jordan, Jordanian officials obtained confessions from detainees by using physical abuse or threats of torture.
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N Korea to shut reactor within month
International |
2007/04/10 13:11
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North Korea has told a visiting US delegation that it will miss Saturday's deadline to begin shutting down its main nuclear reactor but could start within 30 days, NBC News reported today. The US delegation believes it convinced the Pyongyang regime it would soon receive funds in a frozen Macau bank account, which had been an obstacle to North Korea's agreement to begin dismantling its nuclear weapons program, the US television network said. The promise led North Korean nuclear negotiator Kim Kye-gwan to tell the US delegation that it could start closing the Yongbyon nuclear reactor and allow UN atomic inspectors back in within 30 days. Former UN ambassador Bill Richardson, who led the US delegation in Pyongyang, will announce the agreement today in Seoul when he meets there with the US pointman on North Korea negotiations, Christopher Hill, NBC said. US State Department spokesman Sean McCormack said earlier that Macau's monetary authority had agreed to open the accounts to their owners. In the first phase of a six-country agreement reached in February, Pyongyang had agreed to shut down the Yongbyon nuclear reactor by this Saturday in exchange for badly needed fuel oil.
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Cablevision appeals network DVR ruling
Breaking Legal News |
2007/04/10 10:01
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Cablevision Systems Corp. appealed on Tuesday a federal court ruling that blocked the New York-area cable TV provider's rollout of a next-generation digital video recorder service. Cablevision sought an expedited review of the case before the 2nd U.S. Circuit Court of Appeals, claiming that the U.S. District Court ruling in New York last month misapplied copyright law to its remote-storage digital video recorder, or DVR. Cablevision's case has been closely watched in the cable TV industry. If allowed to proceed, the remote-storage DVR could allow companies like Cablevision to dramatically increase the rate at which they introduce digital video recording services to their customers. DVRs allow cable TV subscribers to record TV programs without the hassles of videotape, letting users pause live TV, do instant replays and begin watching programs even before the recording has finished. Viewers can also skip through commercials, something that worries the TV industry. Cablevision's system would have allowed any cable subscriber with a digital cable box to have DVR-like service by storing and playing back shows on computer servers maintained by Cablevision. That could allow Cablevision to offer the service to many more customers without having to install the expensive hard drive-equipped DVR boxes in each home, as is currently the case. A group of Hollywood studios successfully sued Cablevision, claiming that the remote-storage system would have amounted to an additional broadcast of their programs, something for which they haven't given permission. Cablevision argued its service was permissible because the control of the recording and playback was in the hands of the consumer. A landmark 1984 Supreme Court case found that Sony Corp. wasn't breaking copyright laws if home viewers used Sony's Betamax videotape recorders to record and play back shows for personal use. "We continue to believe strongly that remote-storage DVR is permissible under current copyright law and offers significant benefits to consumers, including lower costs and faster deployment of this popular technology to our digital cable customers," Tom Rutledge, Cablevision's chief operating officer, said in a statement. |
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