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Grand Jury Indicts Alaska Republican For Extortion
Court Watch | 2006/12/09 09:16

WASHINGTON – A federal grand jury in Anchorage, Alaska, has indicted Thomas T. Anderson, a current elected member of the Alaska State House of Representatives, on charges of extortion, conspiracy, bribery, and money laundering, Assistant Attorney General Alice S. Fisher of the Criminal Division announced today.

The seven-count indictment returned on Dec. 6, 2006, charges Anderson with two counts of extortion, one count of bribery, one count of conspiracy, and three counts of money laundering in connection with the use of a sham corporation to hide the identity of the bribery payments. The indictment further alleges that Anderson solicited and received money from an FBI confidential source in exchange for Anderson’s agreement to perform official acts to further a business interest represented by the confidential source.

The indictment also alleges that from July 2004 to March 2005, Representative Anderson, along with an individual identified as “Lobbyist A,” solicited and received $26,000 in payments from an FBI confidential source, in exchange for Anderson’s agreement to take official acts as a member of the Alaska State Legislature. According to the indictment, Anderson and Lobbyist A participated in the creation of a sham corporation to conceal the existence and true origin of the payments, and used the sham corporation to funnel a portion of the $26,000 to Anderson.

According to the indictment, the FBI confidential source was a consultant for a private corrections company located outside the state of Alaska, and Anderson and Lobbyist A initiated contact with the FBI confidential source in order to solicit bribery payments. The FBI confidential source, however, never communicated those solicitations or any other information to the corrections company due to the undercover nature of the operation. The corrections company was not implicated in the corrupt activities that are alleged in the indictment.

If convicted, Anderson faces a maximum penalty of 20 years and a $250,000 fine on the extortion counts; a maximum penalty of 20 years and a $500,000 fine on each of the money laundering counts; a maximum penalty of 10 years and a $250,000 fine on the bribery count; and a maximum penalty of five years and a $250,000 fine on the conspiracy count.

An indictment is merely an accusation and defendants are presumed innocent until proven guilty at trial beyond a reasonable doubt.

This case is being prosecuted by Trial Attorneys Nicholas A. Marsh and Edward P. Sullivan of the Public Integrity Section, which is headed by Acting Chief Edward C. Nucci, as well as Assistant U.S. Attorneys Joseph W. Bottini and James A. Goeke from the District of Alaska. The case is being investigated by Special Agents of the FBI.



Rumsfeld asks court to dismiss torture suit
Breaking Legal News | 2006/12/09 09:01

US government lawyers asked a federal judge Friday to dismiss a lawsuit against outgoing US Secretary of Defense Donald Rumsfeld in connection with alleged torture and abused by US personnel in Iraq and Afghanistan, arguing Rumsfeld is entitled to immunity. The ACLU and Human Rights First sued Rumsfeld and other military officials in 2005 on behalf of eight former detainees. The suit asserts that Rumsfeld bears direct responsibility for abuses and that his actions violated the US Constitution, federal statutes and international law. DOJ lawyers argued Friday that detainees held overseas do not have constitutional rights and therefore an exception to the general rule of immunity which allows suit when an official violates a plaintiff's constitutional rights does not apply.

US District Judge Thomas F. Hogan seemed skeptical of giving Rumsfeld immunity from the allegations, but also acknowledged that allowing the civil lawsuit to proceed would be unprecedented. He promised to rule quickly in the case. Rumsfeld resigned  from his position last month pending the confirmation of his successor. His resignation was quickly followed by the filing of a war crimes complaint against him under Germany's universal jurisdiction laws.



HP agrees to settle California pretexting suit
Law Center | 2006/12/09 06:06

Hewlett-Packard reached a $14.5 million settlement agreement with California Attorney General Bill Lockyer on Thursday in an unfair business practices suit stemming from HP's allegedly fraudulent attempts to obtain certain phone records, a practice known as "pretexting." Lockyer "commended the firm for cooperating instead of stonewalling" and announced that $13.5 million of the settlement would be used for privacy rights investigations in state and local cases. The remainder will pay for civil penalties, investigations, and other costs.

Since September, HP has been embroiled in an elaborate corporate spying scandal. In order to discover the source of boardroom leaks, the company allegedly hired outside detectives to call phone companies, posing as executives and reporters in attempt to obtain phone records. In November, former chairwoman Patricia Dunn, former ethics officer Kevin Hunsaker, and outside private investigators Ronald DeLia, Matthew DePante and Bryan Wagner pleaded not guilty in Santa Clara County Superior Court to felony charges stemming from their roles in the corporate spying scandal. Dunn resigned in September before testifying at a hearing before the US House Energy and Commerce Committee, during which she admitted that she was aware of the plan, but was also told the actions were legal by corporate attorneys.



Number of journalists jailed for online writings
International | 2006/12/09 04:03

According to the CPJ, Committee to Protect Journalists, the number of journalists imprisoned for their writings increased for the second year in a row in 2006 and one-third of those jailed are Internet journalists or bloggers, according to a new worldwide report from the Committee to Protect Journalists. The CPJ report notes that of the 134 journalists imprisoned around the world in 2006, 49 chose to publish on the Internet. Most Internet journalists are jailed by their authoritarian governments for treasonous or "anti-state" allegations and, according to CPJ Executive Director Joel Simon, the numbers show that "authoritarian states are becoming more determined to control the Internet."

China leads the world with 31 imprisoned journalists, 19 of which are held in relation to information they published on the Internet. Behind China, Cuba and Eritrea round out the top three states with most imprisoned journalists. The US currently has three journalists imprisoned including AP photographer Bilal Hussein and Aljazerra cameraman Sami al-Haj. According to CPJ statistics, the first journalist imprisoned for publishing on the Internet was jailed in 1997.



Judge rules in favor of single-member districts for Osceola
Court Watch | 2006/12/09 02:24
The following is a statement by Wan J. Kim, Assistant Attorney General for the Civil Rights Division, on order of a remedial voting plan in U.S. v. Osceola County:

“We are extremely pleased with today’s court ruling, which orders a five single-member district remedial plan to replace Osceola County’s unlawful at large election system,” said Wan J. Kim, Assistant Attorney General for the Justice Department’s Civil Rights Division. “Moving forward with elections next spring under a lawful plan is an important victory for all the residents of Osceola County, Fla. and particularly for its Hispanic citizens who have been denied the right guaranteed by the Voting Rights Act to full and equal participation in the democratic process in county government.”


Italy to draft civil unions bill
International | 2006/12/09 01:02

Italian lawmakers are planning to draft legislation that would give some legal recognition to same-sex unions, officials from the Italian Senate said Thursday.

Senate leaders have requested that a bill be drafted by January 31 that would give legal status to unions of all unmarried couples, both heterosexual and homosexual, for tax purposes and otherwise.

The new center-left government of Italian Prime Minister Romano Prodi promised before taking office last May to consider recognizing civil unions. The government's position has already prompted condemnation from the Vatican, with Pope Benedict denouncing any legal recognition of same-sex couples.



Multination Effort Curbs "Blood Diamonds" Trade
International | 2006/12/08 12:10

Washington -- The chance that the gem on your finger is an illicit or "blood diamond" has been greatly diminished, thanks to an innovative international partnership called the "Kimberley Process" that controls and monitors the world's $30 billion annual trade in rough stones.

The multination process, with roots in a meeting held in Kimberley, South Africa, in 2000, was launched formally in November 2002.  It has "fundamentally reformed the rules of the game of the trade in rough diamonds … and is a success story for multilateral diplomacy," says Paul Simons, a deputy assistant secretary in the State Department’s Bureau of Economic and Business Affairs.

Simons updated journalists December 5 on progress made by the 71 Kimberley Process signatories in curtailing the illicit cross-border trade in diamonds that has helped fuel conflict, especially in West Africa in the 1990s. The United Nations defines blood diamonds, also called conflict diamonds, as diamonds that originate from areas controlled by forces or factions opposed to legitimate and internationally recognized governments and used to fund military action in opposition to those governments, or in contravention of the decisions of the Security Council.

Simons, who attended a Kimberley Process plenary meeting in Gaborone, Botswana, November 6-9, said the Kimberley Process "creates an exclusive trading zone of committed countries.  All the world's major diamond producers, polishers and consumers are part of the process” and have agreed to trade only with other members.

He said a major reason for the success of the "certification scheme" is the partnership between government, the diamond industry and prominent civil society groups.

U.S. government support for the Kimberley Process broadened when Congress passed the Clean Diamond Trade Act in April 2003.  The United States provides technical help to upgrade internal controls on the diamond sectors in countries such as Sierra Leone and Liberia and has spent $7.6 million since 1999 on diamond trade control assistance, Simons added.

Money from the sale of blood diamonds helped fuel Sierra Leone’s civil war, which killed or maimed thousands. That conflict is the subject of a new film, Blood Diamond, that debuts on international screens in early 2007.

After seeing an advance screening of the film, Simons said, "It is very good, but it depicts a picture that occurred in the late 1990s."

During that "peak period," blood diamonds were estimated to account for 4-15 percent of the world's total trade in the gemstone, he added.  But now the rate has dropped to less than 1 percent, thanks to the certification and sanctions regime the Kimberley Process implemented early in 2003.

In many ways Kimberley is unique because "it contains a disciplinary component to take action if there are any irregularities," Simons pointed out.  This is done through "warnings or expulsion processes."

For example, he said, the Republic of Congo-Brazzaville was expelled from the process in 2004 because it was exporting more diamonds than it produced.  In contrast, policing of the industry has been good for formerly war-torn Sierra Leone, whose official diamond exports went from virtually zero to $140 million in 2005.

Kimberley also has "a clearly robust tool kit that includes mechanisms to monitor country performance ... [and] provisions to report diamond trade and production statistics -- we have a statistics working group that compiles and monitors these," Simons added.

According to a communiqué from the November Gaborone meeting, the statistics working group in 2006 monitored $37.6 billion in rough diamond exports, and participating nations issued 59,000 certificates verifying their authenticity.

In late November, the U.N. General Assembly passed a resolution reaffirming its continuing support for the Kimberley Process.

Barbara Barrett, a member of the U.S. delegation to the U.N. and senior adviser on diamonds and conflict issues, said in a statement: "We join those in the international community who commend the Kimberley Process for dramatically reducing the flow of conflict diamonds and thus contributing to regional security, peace and stability."

Despite Kimberley’s successes, challenges remain, Simon told journalists.  Liberia is still unable to export diamonds because of U.N. sanctions -- a legacy of the Charles Taylor dictatorship.

And diamonds from rebel-held regions in Cote d'Ivoire allegedly enter international markets through Mali and Ghana.  The Gaborone meeting communiqué said Ghanaian officials are “committed to take appropriate measures to maintain the integrity” of the process."

But the main point, Simons said, is that the Kimberley Process overall is "a success story.  We're keeping a vigilant eye around the world" and continue to upgrade capabilities of countries that could be vulnerable to the illicit trade in diamonds.

More information is available on the Kimberley Process Web site.



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