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The PBSJ Corporation Pays $6.4M to Settle Fraud
Breaking Legal News |
2007/01/24 16:41
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The PBSJ Corp. (PBSJ), a design and engineering firm based in Florida, has paid more than $6.4 million to resolve claims that it violated the False Claims Act by submitting false and fraudulent claims to the government, the Justice Department announced. The settlement arises from a $36 million embezzlement scheme that took place between 1992 and 2005 and was perpetrated by PBSJ’s former Chief Financial Officer and two other employees. The scheme involved shifting funds and fabricating entries in the company’s books and records to cover up the fraud, and resulted in PBSJ’s audited overhead rates being overstated. The settlement also resolves unrelated issues concerning how PBSJ treated certain indirect costs that also contributed to PBSJ’s audited overhead rates being overstated. The inaccurate overhead rates were submitted to the United States in connection with hundreds of contracts with federal agencies for the purposes of contract qualification, contract negotiation, contract billing, and applicable contract and audit reporting requirements. As a result, PBSJ submitted claims to the United States under federal contracts that were false or fraudulent because the claims relied on and incorporated the overstated overhead rates. More than a dozen federal agencies were affected by the fraud, including the Departments of the Army, Transportation, Interior and Homeland Security. "Companies that enter into contracts with the government must maintain accounting controls and procedures that ensure that the costs and rates that they submit to the government are accurate," said Assistant Attorney General Peter D. Keisler of the Civil Division. Previously, three individuals responsible for the embezzlement, CFO William Scott Deloach, Maria Garcia, and Rosario Licata, pleaded guilty on Sept. 28, 2006 in the Southern District of Florida and currently await sentencing. The criminal investigation of the individuals was conducted by the U.S. Attorney’s Office for the Southern District of Florida and the FBI, Miami Field Division. The civil investigation of PBSJ was conducted by the Civil Division of the Department of Justice, the Office of Inspector General for the Department of Transportation, and the Defense Contract Audit Agency. |
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Ship Operator Sentenced for Environmental Crimes
Environmental |
2007/01/24 16:32
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WASHINGTON – American-based ship operator, Pacific-Gulf Marine, Inc. (PGM), was sentenced today for deliberate acts of pollution involving a fleet of four ships, in violation of the Act to Prevent Pollution from Ships. U.S. District Judge William M. Nickerson sentenced PGM to pay a $1 million criminal fine, $500,000 for community service and serve three years of probation under the terms of a rigorous Environmental Compliance Program (ECP), which is subject to court approval. According to documents filed in court, including a Joint Factual Statement signed by the company’s chief executive officer, PGM admitted that the ships illegally discharged hundreds of thousands of gallons of oil-contaminated bilge waste without the use of an oily water separator, a required pollution prevention device. Instead, the ships used secret bypass pipes, sometimes referred to as a “magic pipe,” to circumvent the oily water separator. After learning of the federal investigation, PGM voluntarily disclosed to investigators the results of an internal investigation comprised of approximately 50 reports of interviews with various current and former employees who had worked aboard the four giant “Car Carrier” vessels used to transport vehicles. Many of the interviews contained confessions, admissions or otherwise revealed incriminating information and evidence of illegal conduct, according to documents filed in court. Both the Department of Justice and the EPA have voluntary disclosure programs under which a company can seek non-prosecution if it discovers violations and reports them in a timely manner prior to a government investigation. Prosecutors advised the court today that while PGM’s cooperation occurred after the initiation of the criminal investigation, it was nevertheless substantial and warranted significant credit. At the sentencing hearing today, Judge Nickerson recognized that PGM had provided significant cooperation in the government’s investigation. “We will continue to prosecute companies who use our oceans as dumping grounds until those shipping companies clean up their acts,” said David M. Uhlmann, Chief of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division. “But this case also demonstrates that companies like PGM can help right their wrongs by cooperating with criminal investigators, and we are hopeful that others will follow PGM's example by identifying misconduct within their organizations and voluntarily disclosing that information to law enforcement officials.” “We will continue to work to protect the Chesapeake Bay and Maryland’s other waterways by prosecuting people and companies that pollute them in violation of federal law,” said Rod J. Rosenstein, U.S. Attorney for the District of Maryland. “We are fortunate that PGM responded in this case by accepting responsibility for its actions and assisting in our investigation.” Under the terms of the plea agreement, half of the $500,000 community service payment will fund environmental projects to improve, restore or study water quality in the Chesapeake Bay in Maryland, while the other half will fund environmental education for mariners at U.S. maritime schools. PGM admitted that its shore-side management “failed to provide sufficient management resources and support to the ships, and also failed to exercise sufficient supervision and management controls to prevent or detect criminal violations by its employees.” The motive for the criminal conduct was to save money, according to papers filed in court. The investigation was conducted by the Chesapeake Regional Office of the Coast Guard Investigative Service and the EPA Criminal Investigation Division. Additional assistance was provided by U.S. Coast Guard Sector Baltimore, U.S. Coast Guard Activities Europe, U.S. Coast Guard Fifth District Legal Office, Coast Guard Office of International and Maritime Law, and Coast Guard Headquarters Office of Investigations and Analysis. The case was prosecuted by the U.S. Department of Justice Environmental Crimes Section and the U.S. Attorney’s Office for the District of Maryland. |
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West Virginia Man Convicted of Child Pornography
Breaking Legal News |
2007/01/24 16:27
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WASHINGTON – A Cross Lanes, W. Va. man has been convicted of producing, receiving, and possessing child pornography, Assistant Attorney General Alice S. Fisher of the Criminal Division and U.S. Attorney Charles T. Miller of the Southern District of West Virginia announced today. Following a five-day jury trial that began last Wednesday, David A. Hicks was found guilty on two counts of producing child pornography, two additional counts of possessing child pornography, and one count of receiving child pornography over the Internet. The trial was held in U.S. District Court in Charleston, W. Va. and U.S. District Court Judge Joseph R. Goodwin presided. The evidence presented at trial demonstrated that Hicks, a father of two girls under the age of ten, frequently had his older daughter’s friends spend the night as guests. Five of these juveniles, girls between the ages of nine and 12, testified that Hicks frequently took photos of them while they were at the home, commented on his ability to see through their clothing, walked in on them while they were changing or bathing, watched and photographed them through the blinds of the home while they were swimming in his pool, and physically touched more than one of them inappropriately. Hicks stored photos of the girls on his computer in a special archive folder, including photos of his daughter’s friends either nude or partially nude. The two charges of production of child pornography were based on two photos taken in Hicks’s bathtub that depicted one of the girls in a sexually suggestive position. Evidence at trial also revealed that Hicks was a trained computer expert who maintained a computer in his bedroom that had four separate hard drives. These hard drives contained thousands of images and movies of children engaged in sexually explicit conduct. The images on these hard drives were the basis of one of the possession charges. Investigators also testified that they seized several CDs from Hicks’ bedroom that contained similar images of prepubescent children engaged in sexually explicit conduct. Finally, forensic analysis of the computers and CDs revealed that Hicks searched for sexually explicit movie clips of children using a peer-to-peer file-sharing program, and then downloaded the movie clips to his computer. Hicks’s use of the Internet to download movie clips containing graphic images of prepubescent children engaged in sexually explicit conduct was the basis of the receipt charge. Sentencing is currently set for April 19, 2007. Hicks faces a minimum sentence of 15 years and up to 30 years in prison for each of the two production charges, a minimum sentence of 5 years and up to 15 years in prison for the receipt charge, and up to 10 years in prison for each of the two possession charges. The judge also approved the forfeiture of the child pornography and related computer equipment seized during the investigation. This case was investigated by Special Agents Mike Ritzman and Jack Remaly of the FBI. The forensic analysis was conducted by Melinda Cash of the FBI’s Computer Analysis Response Team. The case was prosecuted by Assistant U.S. Attorney Anna Forbes of the U.S. Attorney’s Office for the Southern District of West Virginia and Trial Attorney Steve Grocki of the Child Exploitation and Obscenity Section of the Criminal Division. |
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Foley & Lardner Announce Award Recipients
Law Firm News |
2007/01/24 13:27
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CHICAGO - Foley & Lardner LLP continues to demonstrate its commitment to diversity in the legal community through this year’s Minority Scholarship Program. The program, now in its eighth year, has awarded nearly $400,000 in scholarships to first-year minority law students in an effort to create a more diverse legal community.
This year, nine ethnically diverse first-year law students received a $5,000 scholarship toward their legal education. Law schools participating in the program include Duke University, the University of Florida, Georgetown University, the University of Michigan, Northwestern University, the University of Wisconsin, UCLA and the University of California, Berkeley. Recipients for the 2006-2007 academic year include:
• Stephanie Maria Adams, Northwestern University School of Law
• Jessica L. Brown, Boalt Hall, University of California, Berkeley
• Jamie-Clare Flaherty, University of Michigan Law School
• Andrea I. Gonzalez, Duke University School of Law
• KaSandra N. Rogiers, University of Wisconsin Law School
• Keane Shum, Georgetown University Law Center
• Randy Lee Sims, UCLA School of Law
• Lydia Nicole Thompson, University of Wisconsin Law School
• Nickisha Webb, Levin College of Law, University of Florida “A strong and effective diversity program is one of the highest priorities of our firm, and the Minority Scholarship Program exemplifies our tangible commitment to the advancement of minority law students and to achieving a more diverse legal community,” said Maureen A. McGinnity, the firm’s Chief Diversity Partner. Each scholarship recipient is selected by Foley's Minority Scholarship Program Committee. The Committee considers significant involvement in community activities; significant involvement in minority student organizations; outstanding work or personal achievements; and academic achievement. Foley is committed to recruiting a diverse pool of law students for its summer associate program and as new associates, and the Minority Scholarship Program is a valuable tool in this effort. Through this Program, Foley is introduced to exceptionally talented diverse law students who share the firm’s core values and culture. Scholarship applicants are referred to Foley’s Recruiting Committee for consideration, and the firm has been successful in hiring many applicants both as summer associates and as new associates. Additionally, the Program gives Foley the opportunity to acquaint influential diverse law students with the firm and its diversity commitment, expanding the firm’s visibility and good will within important law school constituencies. Foley & Lardner LLP provides the full range of corporate legal counsel. Our attorneys understand today’s most complex business issues, including corporate governance, securities enforcement, litigation, mergers and acquisitions, intellectual property counseling and litigation, outsourcing and information technology, labor and employment, and tax. The firm offers total solutions in the automotive, emerging technologies, energy, entertainment and media, financial services, food, golf and resort services, insurance, health care, life sciences, nanotechnology, and sports industries.
The firm’s Web site can be found at www.foley.com |
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Law Firm to pay $18.5 M to Enron's Estate
Breaking Legal News |
2007/01/24 12:46
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Texas law firm avoids court action by paying millions to settle potential malpractice claims over Enron advice A law firm in Texas is to pay Enron's estate $18.5 in settlement over potential malpractice claims pertaining to legal advice the firm allegedly offered the company over asset transactions. The settlement follows a report by a court-appointed bankruptcy examiner, which stated that the firm may have committed malpractice in approving 28 transactions that involved asset transactions, alleged to have been disguised as sales. The classification of the transactions in such a manner could have allowed Enron to falsely boost its cash flow. The firm, Andrews Kurth, denied any culpability regarding the advice they gave Enron. 'We have continuously denied wrongdoing and culpability with respect to our work for Enron,' managing partner Howard Ayres said in a statement. 'We felt, though, after the passage of five years, that it was expedient to enter into the settlement to put this matter behind us,' he added. The Enron estate has not officially sued the law firm for allegedly signing off improper deals. However, Houston-based firm, Vinson & Elkins, settled bankruptcy-related litigation for $30m last year, after a bankruptcy examiner alleged the law firm may have committed malpractice for failing to respond to red flags about Enron's accounting practices. A federal bankruptcy judge is still to approve Andrews Kurth's deal. |
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MySpace Sues One Of World's Top Spammers
Venture Business News |
2007/01/24 11:39
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The popular online social networking Web site MySpace.com has sued a Colorado man once accused of being one of the world's top three spammers, saying the man gained access to MySpace profiles using stolen passwords and used the information to send spam bulletins. MySpace, which is owned by News Corp., claims Scott Richter and his various companies, including OptInRealBig.com and Mediabreakway.com, sent millions of spam messages to members using technology that made the messages look like they had come from individual members' accounts. The lawsuit was filed Friday in U.S. District Court in Los Angeles and asks for damages, an injunction preventing Richter and his companies from accessing MySpace, and repayment of all profits gained as a result of the activity. Several calls to Richter were not returned Monday. Managing its rapid growth has been a challenge for MySpace, which has fallen prey to people who launch spam attacks. Unlike random unsolicited e-mails, which are readily identified as junk, the spam bulletins on MySpace appear to be sent by trusted friends, giving them an air of legitimacy.
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Fulbright to Receive Longevity of Service Award
Law Firm News |
2007/01/24 11:25
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Fulbright & Jaworski L.L.P.'s exemplary service to the community resulted in the Houston Bar Foundation's awarding its Longevity of Exemplary Service Award today to the international law firm.
The award that typically goes to an individual went this year to Fulbright for the firm's continued commitment to the Houston Volunteer Lawyers Program. Fulbright is the first law firm to receive the award. The Houston Volunteer Lawyers Program sets out to help those with low incomes who may not qualify for other legal aid or assistance. "This marks the sixth year in a row Fulbright has received an award from the Houston Bar Foundation for contributions to the Houston Volunteer Lawyers Program," said Tracie Renfroe, chair of the Houston Bar Foundation. "While we typically give this award to an individual, Fulbright has devoted itself to this cause through endless hours of pro bono work and a dedication to doing all it can to help the community." Fulbright attorneys completed an average of more than 60 hours each of pro bono work in 2005 and 2006. When attorneys at the firm give back to the communities in which they work, Fulbright becomes an even better law firm, said Steven B. Pfeiffer, chair of Fulbright's Executive Committee. "Since its founding in 1919, Fulbright has been committed to improving the communities in which we practice law, as well as the lives of our fellow citizens who are not as fortunate as we, Pfeiffer said. "We have always been leaders in the area of pro bono work - leaders in the level of contributions we make, and leaders in creating programs to provide legal services for those who cannot afford such representation. Fulbright is committed to continuing this leadership." Among the notable pro bono cases Fulbright has handled through its relationship with the Houston Volunteer Lawyers Program is the recent successful defense of a Nigerian woman's possession of her U.S.-born daughter. The girl's father filed a Hague Convention petition requesting the girl be returned to him in Belgium. Such Hague Convention petitions set out to secure international cooperation when it comes to returning a child wrongfully taken by a parent from one country to another. The mother, who claimed her ex-husband was abusive, had immigrated legally to the U.S. with her daughter in 2002. With Fulbright's help, the mother successfully fought the claims in the Hague Convention petition. A federal judge cleared the way for the 6-year-old to remain enrolled in school and with her mother in the United States. "The ability to help clients who may not otherwise be able to afford legal advice that so greatly impacts their lives underscores the importance of our pro bono work," said Stewart Gagnon, who oversees Fulbright's pro bono efforts. "Our attorneys pour themselves into each and every pro bono case our firm handles and we are always touched and come away as better attorneys as a result of those we assist." In addition to its assistance with individual cases, Fulbright contributes to the community through attorney loan programs the firm has established in a majority of its domestic offices. Through the loan programs, in cities, such as New York, Washington D.C., Los Angeles, Dallas, San Antonio, Minneapolis, Houston and Austin, Fulbright's young lawyers attain courtroom experience prosecuting and defending cases. The cities and other governmental entities involved in the program acquire free assistance as they work to quell their swelling caseloads. Fulbright also has a pro bono initiative to assist immigrant and refugee children who enter the U.S. alone and then attempt to negotiate the immigration courts without representation. No immigrant or refugee has a right to counsel, not even a child. The firm is making significant in-roads in its endeavor to provide representation and other legal assistance to unaccompanied immigrant and refugee children. "A commitment to pro bono work is one of our core values, "said Stephen C. Dillard, chair of Fulbright's worldwide litigation department. "Our pro bono commitment reveals a great deal about our firm's culture and our commitment to improving the lives of our fellow citizens in the communities where we practice law." Fulbright & Jaworski L.L.P. Founded in 1919, Fulbright & Jaworski L.L.P. is a leading full-service international law firm, with more than 1,000 lawyers in 16 locations in Houston, New York, Washington, D.C., Austin, Dallas, Denver, Los Angeles, Minneapolis, San Antonio, St. Louis, Dubai, Beijing, Hong Kong, London, Munich and Riyadh. Fulbright provides a full range of legal services to both domestic and foreign clients worldwide. The 2007 BTI survey of FORTUNE 1000 general counsel chose Fulbright as "The BTI Client Service 30" A-Team and Corporate Board Member magazine named Fulbright among the top 20 corporate law firms in the U.S. in their survey of board members of public companies.
For more information, please visit: www.fulbright.com. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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