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USS Cole suspect claims torture led to confession
Breaking Legal News | 2007/04/01 10:17

Abd al-Rahim al-Nashiri, the suspected mastermind of the 2000 USS Cole bombing and a Guantanamo Bay detainee, said his confession to the attacks was coerced through five years of torture, according to transcripts released Friday. The transcripts from his Combatant Status Review Tribunal hearing do not provide any details of the alleged torture, and sections of transcript were redacted, but al-Nashiri did say that his alleged torturers were American and not Yemeni. When asked if he was under any pressure or duress at his hearing, he said "No. Not today." Pentagon spokesman Bryan Whitman told the Associated Press that al-Nashiri's allegations of torture would be investigated.

Al-Nashiri has already been convicted and sentenced to death after a trial in absentia in Yemen, the site of the USS Cole attack. He is one of the 14 "high value" detainees moved from secret overseas CIA prisons.



HRW claims US involved in secret detention of Somalis
Human Rights | 2007/04/01 10:17

Human Rights Watch claimed Saturday that the US, Kenya, and Ethiopia are cooperating with the transitional government of Somalia to secretly detain people who have fled the recent conflict there. HRW deputy Africa director Georgette Gagnon said: "Each of these governments has played a shameful role in mistreating people fleeing a war zone. Kenya has secretly expelled people, the Ethiopians have caused dozens to ‘disappear,' and US security agents have routinely interrogated people held incommunicado."

Predominantly-Islamic Somalia has endured a lengthy civil war and several rounds of failed peace talks since the collapse of its last civil government in 1991.



Feds indict Huntsville defense company
Breaking Legal News | 2007/04/01 10:16

An Alabama company and its owner have been indicted on charges of illegally exporting sensitive military technology overseas, fraud involving aircraft parts, and submitting false documents to the government, Kenneth L. Wainstein, Assistant Attorney General for National Security, and Alice H. Martin, U.S. Attorney for the Northern District of Alabama.

The five-count indictment, issued in the Northern District of Alabama, charges Axion Corporation, a defense contracting firm based in Huntsville, Ala., and its owner, Alexander Nooredin Latifi, 59, a resident of Huntsville.

"Keeping sensitive U.S. military technology from falling into the wrong hands is a top priority for the Justice Department," said Assistant Attorney General Wainstein. "This indictment and other recent illegal export prosecutions should serve as a warning to companies seeking to enhance their profits at the expense of America's national security." "No defense contractor can export an item on the United States Munitions List, to another country, without first obtaining a license from the Department of State. Critical technology, such as the bifilar weight assembly, will be protected through criminal law enforcement where violations are found," said Alice H. Martin, United States Attorney Northern District of Alabama.

According to the indictment, in September 2003 and continuing thereafter, Axion Corporation and Latifi knowingly and willfully exported defense articles, specifically technical drawings of the bifilar weight assembly for the UH-60 Black Hawk helicopter, to overseas manufacturers without first obtaining a required license and authorization from the State Department. By law, U.S. companies must obtain a State Department license or authorization before exporting defense articles.

The indictment also alleges that, on or about February 19, 2004, Axion Corporation and Latifi made a fraudulent representation to the U.S. Army concerning an aircraft part in connection with a military contract. Specifically, the defendants represented to the U.S. Army that certain parts were provided by Tungsten Products of Madison, Alabama, when that company was not the supplier.

Further, on or about January 2004, Axion Corporation and Latifi knowingly submitted a false document to the government in connection with a military contract involving a tank part. Specifically, the defendants submitted "First Article Test Reports" which falsely stated that Industrial Fabrications Co., Inc., had conducted testing, when the defendants knew that the test reports were false and the testing had not taken place before a specific date.

Counts four and five of the indictment seek forfeiture of any assets and property derived from the offenses alleged in the indictment, including real property at 317 Nick Fitchard Road, NW Huntsville, Alabama, where Axion Corporation is located, as well as $659,280 and all interest and proceeds derived therefrom.

The maximum penalty for exporting defense articles without a license is ten years imprisonment, a fine of $1,000,000 or both, and a term of supervised release of three years. The maximum penalty for fraud is fifteen years imprisonment, a fine of not more than $500,000, or both, and a term of supervised release of three years. The maximum penalty for filing false documents is five years imprisonment, a fine of $250,000, or both, and a term of three years supervised release. This investigation was conducted by National Aeronautics and Space Administration (NASA) Office of Inspector General; the Defense Criminal Investigative Service (DCIS); Army Criminal Investigation Division; the U.S. Immigration and Customs Enforcement (ICE); the Federal Bureau of Investigation (FBI), and the Internal Revenue Service (IRS).

The prosecution is being handled by Assistant U.S. Attorneys David H. Estes, Angela Redmond Debro, and James D. Ingram from the U.S. Attorney's Office for the Northern District of Alabama, as well as Trial Attorney Mariclaire Rourke from the Counterespionage Section of the Justice Department's National Security Division.

Members of the public are reminded that an indictment contains only charges. A defendant is presumed innocent of the charges and it will be the government's burden to prove a defendant's guilt beyond a reasonable doubt at trial.



Milan woman indicted on bank fraud charges
Criminal Law | 2007/04/01 10:15

A Milan woman has been indicted by a federal grand jury in Jackson on bank fraud and income tax evasion charges, according to a Friday release from David Kustoff, United States Attorney for the Western District of Tennessee.

Donna L. Hardy, 48, of Milan, was charged with 12 counts of bank fraud and five counts of income tax evasion in a sealed indictment returned on Tuesday.
 
She made her initial court appearance on Wednesday, the release said.

According to the indictment, Hardy was employed by The Dedmon Company as a bookkeeper until it merged with Milan Box Corp. in March of 2002.
Hardy then was employed by Milan Box as a plant accountant. The indictment charges that from March 25, 2002 until around December 17, 2004, Hardy devised a scheme to defraud the former Union Planter's National Bank, now called Regions Bank.

Prosecutors said Hardy did not close bank accounts that belonged to Dedmon upon the merger of the two companies as she was instructed to do.

Instead, Hardy transferred funds from Milan Box accounts into the bank accounts belonging to Dedmon that were supposed to have been closed, the indictment said.

Hardy then transferred funds from this account to her personal bank accounts. The indictment lists more than $232,000 in fraudulent transfers from Milan Box accounts to Dedmon accounts.

In addition, the indictment charges Hardy with five counts of income tax evasion for the years 2000 through 2004.

According to the indictment, Hardy did not report over $250,000 in income on her federal income tax returns filed for these years. This resulted in a tax loss to the government of over $58,000.

This investigation was conducted by the U.S. Secret Service and IRS Criminal Investigation.



LA wtnesses driest year due to global warming
Environmental | 2007/04/01 08:44

Los Angeles got just a half-inch of rain this month, indicating that the city was experiencing the driest rain year on record, the National Weather Service reported Sunday.

The .05 inches that fell in March is more than 3 inches below the average March rainfall of 3.14 inches.

This rain season, which begins in July, is currently the driest downtown since records began to be kept in 1877, according to the Weather Service.

This was largely due to global warming which pushes up temperatures and leads to rising sea levels, said scientists.

Since July 1, downtown has received just 2.47 inches of rain --nearly a foot, or 11.47 inches below the normal precipitation to date, which is 13.94 inches.

To date, only 18 percent of normal rainfall has fallen. If downtown receives less than 1.95 inches of rain through June 30, it will become the driest rain season ever for the area, beating the 4.42 inches of rain that fell in 2001-02.

Average rainfall begins to drop off sharply in Los Angeles in April, when the average is .83 inches. In May, average rainfall drops to .31 inches, and .06 inches in June.

Los Angeles averages 15.14 inches of rain a year.  



Infiniti EX Concept interior photos released
World Business News | 2007/04/01 03:51

Infiniti's bringing a new design concept to the New York show that, we'd be willing to bet our lunch money, hearkens a new crossover SUV that's nearastthis to production. Actually, soothsayers say the EX shown above will arrive in dealerships by year's end as a 2008 model. No word on engine, but we know it'll have a lane-departure warning system for those who start nodding off and something called the Around View Monitor, which is not the latest in porno cinematography but does use multiple cameras to eliminate blind spots during parking. Nissan will showcase the Infiniti EX Concept at the New York Auto Show April 6th - 15th. The Japanese automaker describes the EX as "part futuristic concept car, part near-production vehicle."

The EX features a coupe-inspired design, luxurious interior and unique liquid crystal glass roof that can change from transparency to translucent.

A production vehicle derived from the concept will be in showrooms by the end of the year, Nissan says. "In reality, the EX Concept is a very real preview of an all-new luxury crossover that's inspired by coupe design, which is set to arrive at Infiniti retailers nationwide by the end of calendar year 2007".

Anticipated to be available on the production version as "world's first technologies," the EX Concept showcases two innovative features: Around View Monitor (AVM) and Lane Departure Prevention (LDP).

The Around View Monitor system utilizes front, side and rear-mounted cameras to help reduce the blind spots when parking, while the Lane Departure Prevention system takes Infiniti's currently available Lane Departure Warning System into a new dimension of safety by actively using the VDC system to help assist the driver in maintaining lane position if they inadvertently start to drift out of the lane.



Hicks to Serve 9 Months in Terrorism Case
Breaking Legal News | 2007/03/31 10:47

A US military commission at Guantanamo Bay recommended sentencing Australian detainee David Hicks to seven years in prison late Friday but all but nine months of that have been effectively suspended by a military judge under the terms of a plea agreement that was kept secret from the panel of military officers during its deliberations. Hicks is expected to be returned to Australia to serve his prison term within two months. He has already spent more than five years in US custody since being captured in Afghanistan.

Under the plea agreement, Hicks was required to state that he "has never been illegally treated" while being held as an enemy combatant by the United States and that his detention was lawful pursuant to the laws of armed conflict. Hicks is also prohibited from having contact with the media for a period of one year, is to not take any legal action against the United States for his treatment during his 5 year detention, and is required to turn over any profits from an eventual sale of his story to the Australian government.

Vincent Warren, Executive Director of the Center for Constitutional Rights, criticized the plea as an "to silence criticism and keep the facts of their torture and abuse of detainees from the public." Hicks is the first Guantanamo detainee to be tried under the new Military Commissions Act. Hicks' conviction is also the first by the tribunal.



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