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N.Y. City Man Pleads Guilty to Human Trafficking Charge
Tax | 2007/01/12 16:27

A man from Queens, N.Y., pleaded guilty today to attempting to recruit a Korean woman whom he believed to be a minor to work as a prostitute, the Justice Department announced today.

Do Hyup Bae pleaded guilty to charges relating to the operation of a network of over 25 Korean-owned brothels that were located throughout the northeastern part of the United States, including New York, Massachusetts, Rhode Island, Connecticut, Pennsylvania, Maryland, Virginia and the District of Columbia. Several of these brothels were located in Queens, N.Y.

"This case illustrates the complexity and scope of human trafficking operations," said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. "The Justice Department is committed to investigating and prosecuting those who would profit from the systematic abuse of others."

According to the superseding indictment, the brothels, which were operated under the cover of legitimate businesses, typically employed between two and eight prostitutes, the majority of whom were Korean nationals who had entered the country on tourist visas. The defendant faces a maximum sentence of up to 40 years in prison, a $250,000 fine and restitution payments for human trafficking charges.

The prosecution of individuals involved in human trafficking is a top priority of the Justice Department. In the last six fiscal years, the Civil Rights Division, in conjunction with U.S. Attorneys' Offices, has increased by six-fold the number of human trafficking cases filed in court, compared to the previous six years.

The case was investigated by special agents of the Federal Bureau of Investigation and U.S. Bureau of Immigration and Customs Enforcement. This case is being prosecuted by Trial Attorney Solette Magnelli of the Civil Rights Division and Assistant U.S. Attorney Pamela Chen of the Eastern District of New York.



N.Y. City Man Pleads Guilty for Human Trafficking
Criminal Law | 2007/01/12 15:27

A man from Queens, N.Y., pleaded guilty today to attempting to recruit a Korean woman whom he believed to be a minor to work as a prostitute, the Justice Department announced today.

Do Hyup Bae pleaded guilty to charges relating to the operation of a network of over 25 Korean-owned brothels that were located throughout the northeastern part of the United States, including New York, Massachusetts, Rhode Island, Connecticut, Pennsylvania, Maryland, Virginia and the District of Columbia. Several of these brothels were located in Queens, N.Y.

This case illustrates the complexity and scope of human trafficking operations, said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. The Justice Department is committed to investigating and prosecuting those who would profit from the systematic abuse of others.

According to the superseding indictment, the brothels, which were operated under the cover of legitimate businesses, typically employed between two and eight prostitutes, the majority of whom were Korean nationals who had entered the country on tourist visas. The defendant faces a maximum sentence of up to 40 years in prison, a $250,000 fine and restitution payments for human trafficking charges.

The prosecution of individuals involved in human trafficking is a top priority of the Justice Department. In the last six fiscal years, the Civil Rights Division, in conjunction with U.S. Attorneys' Offices, has increased by six-fold the number of human trafficking cases filed in court, compared to the previous six years.

The case was investigated by special agents of the Federal Bureau of Investigation and U.S. Bureau of Immigration and Customs Enforcement. This case is being prosecuted by Trial Attorney Solette Magnelli of the Civil Rights Division and Assistant U.S. Attorney Pamela Chen of the Eastern District of New York.



German court refuses Moroccan's appeal
Court Watch | 2007/01/12 15:25

Germany’s highest court, the Federal Constitutional Court in Karlsruhe, announced Friday that it will not hear the appeal of the 15-year sentence of convicted September 11 conspirator Mounir al-Motassadeq. Moroccan-born Motassadeq has another appeal to German appellate courts filed, but it is unknown when it will be considered. Lawyers for Motassadeq have also said they may take the case to the European Court of Justice.

Motassadeq admitted to attending an al-Qaeda training camp in Afghanistan and being friends with some of the Sept. 11 hijackers, but denies knowledge of the attack. The court found Motassadeq guilty because he knew his accomplices planned to hijack planes, even if he remained ignorant as to the details of the attacks. The court also found that Motassadeq aided the hijackers by funneling money and helping them maintain appearances of being university students. Motassadeq's defense team hoped to force a new trial with witnesses previously prevented from testifying by the United States government. Motassadeq's first conviction was overturned in 2004, in part due to concerns over access to witnesses, but on retrial American officials refused to allow terror suspects in US custody to testify in court, instead agreeing only to provide summaries of its interrogations of prisoners.



Posada Faces Seven Charges, None for Terrorism
Law Center | 2007/01/12 14:28

A federal grand jury in the Western District of Texas has returned a seven-count indictment charging Luis Posada Carriles with one count of naturalization fraud and six counts of making false statements in a naturalization proceeding, the Department of Justice announced today.

The indictment alleges that Posada, 78, a native of Cuba, knowingly attempted to obtain naturalization as a U.S. citizen unlawfully by making false statements on his application for naturalization on or about Sept. 10, 2005. The indictment also alleges that he knowingly made false statements under oath during his naturalization interview with Department of Homeland Security (DHS) officials on April 25 and 26, 2006.

In his naturalization interview, Posada allegedly made several false statements regarding his March 2005 entry into the United States, including statements about the transportation routes and methods used, as well as individuals who accompanied him. For example, he stated that he traveled from Honduras through Belize and entered the United States over land near Matamoros, Mexico, and Brownsville, Texas, with the assistance of an unidentified alien smuggler. In fact, Posada entered the United States by sea aboard the motor vessel “Santrina” accompanied by four individuals, the indictment alleges.

Posada further stated in his naturalization interview that he had never had any type of documentation, passport or identification from the Republic of Guatemala, when, in fact, he had a fraudulent passport issued by that nation bearing his photograph in the name of “Manuel Enrique Castillo Lopez,” the indictment alleges.

Posada is currently detained by DHS’s U.S. Immigration and Customs Enforcement on administrative immigration violations. His initial court appearance in connection with the criminal charges is expected to take place early next week before a U.S. magistrate judge in the Western District of Texas.

If convicted, the defendant faces a maximum sentence of ten years imprisonment for the naturalization fraud count and five years imprisonment for each of the false statement counts.

This case was investigated by ICE. The prosecution is being handled by David B. Deitch and Paul Ahern, Trial Attorneys with the Justice Department’s National Security Division.

The federal investigation of Posada continues.

An indictment is merely a formal allegation that a defendant has committed a violation of federal criminal laws. Every defendant is presumed innocent unless and until proven guilty.



China court upholds sentence of rights activist
International | 2007/01/12 14:25

A Chinese court rejected the final appeal Friday of Chen Guangcheng, a blind Chinese human rights legal activist, who was sentenced to four years and three months in prison for damaging property and "organizing a mob to disturb traffic." The Intermediate Court in Linyi city upheld the verdict and sentence after a Chinese intermediate appellate court ordered a retrial of Chen's case in November.

Chen claims the charges are retribution for his documentation of forced sterilizations and abortions performed by Chinese officials to enforce China's one-child policy. Chen was tried without the assistance of his team of prominent Chinese lawyers, who were arrested during the trial on charges of stealing a wallet. Human rights activists in China  characterize Chen's prosecution as indicative of China's uncompromising stance against public dissent.



House OKs bill expanding study of stem cells
Breaking Legal News | 2007/01/12 14:05



The US House of Representatives passed HR 3 Thursday, which would amend the Public Health Service Act to allow for additional embryonic stem cell research. In a press release issued after passage, the White House characterized embryonic stem cells as human life, and promised to veto the bill. President Bush’s first veto in office came this past summer, when he vetoed another embryonic stem cell research bill. Bill supporters had hoped that midterm elections would make the bill veto-proof, but Thursday’s 253-174 vote is still short of the required two-thirds majority.

"While it's not enough to override a veto, it's enough to show we have tremendous momentum," said Rep. Diana DeGette, D-Colo., who spearheaded the House effort with Rep. Michael Castle, R-Del. With the Senate near having the two-thirds majority needed to override a veto, DeGette suggested that it is time for the president to begin negotiating with Congress over compromise language.

In 2001, Bush limited federal funding for research on embryonic stem cells to the then existing lines, of which only 21 remain viable. Researchers say that many of these lines are contaminated, and are not very useful, while research from 300 newer lines that were obtained from unused embryos destined to be thrown away from fertility clinics show far more promise.

The House-based bill would expand that pool of available cells to include those from any of the thousands of embryos that are discarded by fertility clinics each year, as long as those cells were freely donated for research by the parents. It would also impose some of the country's first ethics rules on embryo research.The vote came after about three hours of impassioned speeches by members on both sides of the issue.

Rep. Roscoe Bartlett, R-Md., spoke up for alternative methods of obtaining stem cells. "The assumption by many people that you have to kill human embryos to get embryonic stem cells just isn't true," Bart-lett said.



Michael Aiello to join Weil, Gotshal as Partner
Law Firm News | 2007/01/12 14:04



Weil, Gotshal & Manges LLP, the international law firm, today announced that Michael J. Aiello has joined as a partner in the Mergers and Acquisitions group of the firm's Corporate Department, effective January 2, 2007. Mr. Aiello, 37, has moved to Weil Gotshal's New York office from Dewey Ballantine, where he was a partner. He started his legal career as an associate at Weil Gotshal.

Mr. Aiello regularly represents acquirors, targets, buy-out groups, boards of directors, special committees, investment banks, investors and shareholder groups in complex domestic and international transactions, both negotiated and unsolicited. Among clients he has represented are The Walt Disney Company, Sony Corporation of America, Actavis Group h.f., DTE Energy, Associated British Foods plc, Sumitomo Corporation of America, Omnicare, Inc., Sempra Energy, Credit Suisse, Lazard Freres and Merrill Lynch.

Of Mr. Aiello's decision to join the firm, Stephen J. Dannhauser, Chairman of Weil Gotshal, said, "We are delighted to welcome an attorney of Mike Aiello's caliber, particularly since he is, in a sense, 'coming home' to the firm where he started. He is an accomplished practitioner and extraordinary individual. We have worked hard to develop a client focused, team-oriented approach, and are confident that Michael will be a vital part of our first-tier mergers and acquisitions practice headed by Howard Chatzinoff and Fred Green."

Added Thomas A. Roberts, co-chair of the firm's Corporate Department, "This makes sense for us and it makes sense for Mike, not only because we know him so well, but because Weil Gotshal will provide him with the ideal domestic and international platform from which to serve clients, expand his practice, and help grow our overall Corporate practice."

Confirming the reasons for his decision, Mr. Aiello added, "There's no doubt in my mind that Weil Gotshal is a great choice, both for the clients I represent, and for me. This is a firm at the top of its game, a market leader and one of the fastest growing in the industry, with unparalleled M&A and private equity practices which complement my own perfectly."

Commenting on Mr. Aiello's addition, Barry M. Wolf, co-chair of the firm's Corporate Department added, "Weil Gotshal is not a firm that takes lightly the decision to add a lateral partner, but in Michael's case, we saw two things which made this work. First, his practice is at a level comparable to our own and, in some cases, with clients we also represent. Second, we know him and he knows us, so there was no uncertainty about ensuring a smooth transition."

Michael J. Aiello holds a JD degree from Widener University School of Law (1994), and earned a B.A. in Political Science from New York University in 1991. Prior to joining Weil Gotshal as an associate, he served as law clerk to Judge Collins J. Seitz of the United States Court of Appeals for the Third Circuit. He was recognized in 2005 and 2006 in Chambers USA - America's Leading Lawyers for Business as a leader in the field of mergers and acquisitions, and was named one of The National Law Journal's "40 Under 40" for his work in M&A. He has authored several articles discussing the fiduciary duties of corporate directors and officers, recent developments in mergers and acquisitions and corporate compliance matters, including Sarbanes-Oxley and related rules. He is a recipient of the prestigious Burton Award for Legal Achievement for his article, "Taking a Hard Look at Poison Pills," which originally appeared in The New York Law Journal in 2005.

The Corporate Department of Weil, Gotshal & Manges LLP numbers over 500 attorneys globally, and regularly represents clients in the world's largest and most complex transactions, including sophisticated mergers and acquisitions, joint ventures, private equity transactions, securities offerings, financings, debt restructurings, real estate transactions and other commercial transactions. The Department also handles an array of general corporate matters, including SEC and regulatory compliance, corporate governance practices, executive benefits and compensation plans, proxy solicitations, new business ventures and technology and trademark licensing.

Weil, Gotshal & Manges LLP is an international law firm of over 1,100 lawyers, including approximately 310 partners. Weil Gotshal is headquartered in New York, with offices in Austin, Boston, Brussels, Budapest, Dallas, Frankfurt, Houston, London, Miami, Munich, Paris, Prague, Providence, Shanghai, Silicon Valley, Singapore, Warsaw, Washington DC and Wilmington.

www.weil.com



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