On Thursday, the former CEO of Computer Associates International Inc., Sanjay Kumar, was sentenced to 12 years in prison and was fined $8 million for his participation in a massive accounting fraud scandal.

Kumar, 44, after pleading guilty in April to obstruction of justice and securities fraud charges, had faced up to 20 years behind bars. The company has been renamed CA Inc.

Kumar could have faced life in prison under federal sentencing guidelines, but the judge called that punishment unreasonable. Noting that Kumar was not a violent individual, U.S. District Judge Leo Glasser said Kumar "did violence to the legitimate expectations of shareholders."

Prosecutor Eric Komitee said Kumar was "the most brazen in the modern era of corporate crime" and he deserved severe punishment as the architect of an elaborate coverup.

Kumar, who is also a co-owner of the New York Islanders hockey team, told the judge at his sentencing," I know that I was wrong and there was no excuse for my conduct." The defense had urged the judge to give Kumar a short prison term followed by lengthy community service.

Said attorney John Cooney, "I hope the court will not lose sight of the good he did for that company," Decribed as one of the "great minds" of the software industry by his attorneys, Kumar is credited for turning Computer Associates into a thriving enterprise.

According to a 2004 indictment, Kumar flew on a corporate jet to Paris in July 1999 to finalize a $19 million deal and signed a backdated contract. The indictment also charged that Kumar along with other executives, instructed salespeople to complete deals after the quarter closing, an industry practice known as the "35-day month" - and "cleaned up" contracts by removing time stamps from faxes.

In 2002, after the FBI began investigating the company, Kumar orchestrated a cover-up that involved lying under oath and trying to buy the silence of a potential witness, authorities said.

CA Inc. is now the world's fifth-largest software provider with 15,000 employees worldwide.

Kumar was ordered to surrender on Feb. 27.

Five record companies, represented by the Recording Industry Association of America, filed a lawsuit in federal court in White Plains on Wednesday against Patricia Santangelo's son and daughter, accusing them of pirating songs over the Internet.

The lawsuit accuses Michelle Santangelo, 20, and brother Robert, 16 of downloading and distributing over 1,000 songs, including "Pretty Fly (for a White Guy)" by the Offspring, "MMMBop" by Hanson and "Beat It" by Michael Jackson, and that Michelle acknowledged downloading songs on the family computer.

The complaint read, "In short, each of the defendants participated in the substantial violations of plaintiffs' copyrights at issue and then concealed their involvement, standing idly by as Patricia Santangelo repeatedly protested their innocence and chastised plaintiffs for filing allegedly frivolous litigation."

Jordan Glass, attorney for the Santangelos, disputed the recording industry's allegations and said he was at Michelle Santangelo's deposition and does not recall her "admitting or acknowledging downloading."

Called "an Internet illiterate parent," by a federal judge last year, Paricia Santangelo came to the forefront of attention by her denial of downloading songs and her adamant refusal to settle with the recording industry, for $7,500 to keep her name out of the lawsuit.

Defenders of Internet freedom helped pay for Santangelo's attorney. Patricia Santangelo stated her personal innocence but of her children she said she had no knowledge of them downloading and, if they did, to blame the computer programs.

The industry is requesting unspecified damages for each download, an injunction, and court costs.

The record companies have forced most file-sharing computer networks , and has sued thousands of individuals, including minors, for allegedly music pirating.

A lawsuit was filed in federal court by the Southern Poverty law Center on Wednesday against the US Immigration and Customs Enforcement Agency (ICE). The lawsuit alleges that over the Labor Day weekend, ICE harassed five US citizens of Mexican descent during an illegal immigration shakedown in Georgia. The civil rights group, the Southern Poverty Law Center claims ICE, illegally detained, harassed and searched the Mexican-Americans' persons based only on their appearance in a raid on a chicken processing plant, violating the US citizens' Fourth and Fifth Amendment rights. An ICE spokesman declined to comment on specific claims in the suit, but said of the accusations, they were "patently false."

The goal of the Southern Poverty Law Center is to certify the lawsuit as a class action. The lawsuit, filed in the US District Court for the Northern District of Georgia, names ICE, its officials and the 30 agents who conducted the raid as defendants. The illegal immigrant population in Georgia has more doubled since 2000.

Sheryl Jones
Breakng Legal News.com
Staff Writer

The Food and Drug Administration (FDA) will hold a workshop on January 9, 2007, to provide information, clarification and guidance to sponsors seeking approval to legally market prescription and over-the-counter drugs through the New Drug Application (NDA), abbreviated New Drug Application (ANDA) and monograph processes.

The Federal Food, Drug, and Cosmetic Act generally requires that drugs marketed in the United States be shown to be safe and effective prior to marketing and widespread use in the general population. However, for a variety of historical reasons, some drugs, mostly older products, continue to be marketed illegally -- without required FDA approval. While some unapproved drugs may have benefits, there may also be risks. Drugs marketed without FDA approval may not meet modern standards for safety, effectiveness, quality, and labeling.

In June 2006, FDA issued a revised Compliance Policy Guide (CPG), which makes clear that firms unlawfully marketing drugs need to submit applications showing that their products are safe and effective before continuing to market those products. Following the publication of the CPG (Section 440.100, "Marketed Unapproved Drugs"), many drug companies contacted FDA seeking clarification. The companies wanted information regarding how to obtain approval to legally market their currently unapproved drug products, and whether applications for marketing are subject to user fees, among other things.

The agency is committed to working with companies to facilitate the process of ensuring that products are safe and effective and meet appropriate standards for manufacturing and labeling.

The workshop will be held on January 9, 2007, from 9:00 AM until 4:00 PM in the Advisors and Consultants Staff conference room located at 5630 Fishers Lane, Rockville, Maryland. A notice announcing the meeting and giving registration details is expected to be published in the Federal Register on November 1, 2006. The agenda, when finalized, will be posted on FDA's web site at http://www.fda.gov/cder/drug/unapproved_drugs.

U.S. Customs and Border Protection Border Patrol agents working in New Mexico made significant narcotics seizures this week by seizing more than 400 pounds of marijuana and 43 pounds of cocaine through a combination of traffic checkpoint operations and routine patrol efforts. The total value of the contraband was valued at over $1.7 million.

The largest seizure of marijuana was made Wednesday by Border Patrol agents at the I-25 traffic checkpoint. After the occupants of a late model GMC truck granted agents consent to search the truck they discovered a total of 291 pounds of marijuana in numerous hidden compartments. Members of the "Raven Unit" of the NMNG were called up to dismantle the after-market compartments located in the gas tank, rear cab wall, and metal tire rims. The total value of the marijuana is $233,000.

In a separate incident, another seizure was made by Border Patrol agents who were on patrol near Hatch, N.M. Agents spotted a minivan attempting to circumvent the Border Patrol traffic checkpoint on I-25. When agents caught up to and performed a vehicle stop, they were granted permission to search the vehicle. Utilizing the assistance of a CBP canine, they discovered 19 bundles of cocaine wrapped in cellophane and brown packaging tape that was hidden in another after-market compartment behind the dashboard of the van. The cocaine weighed 43.16 pounds, and is valued at more than $1.3 million.

The narcotics, vehicles and four occupants were turned over to the Drug Enforcement Administration in Las Cruces. The New Mexico National Guards' Raven Unit has provided support for the U.S. Border Patrol since 1995. This unit has specialized tools, training, and equipment to safely and efficiently dismantle compartments where narcotics are hidden.

A lawsuit may be filed on behalf of Angelina Jolie, the Hollywood actress, against the head of a Cambodian aid group she alleges misappropriated her donations.

Trevor Neilson, who is the philanthropic and political advisor for Jolie and partner Brad Pitt, told The Associated Press in New York Monday, "We are considering filing a lawsuit to recover the hundreds of thousands of dollars that is missing and which he was responsible for,"

Neilson was referring to Mounh Sarath, director of Cambodian Vision in Development, to whom Jolie once gave funds for conservation and community development work in Cambodia.

Neilson denied the actress had broken any agreement with Mounh Sarath, in response to Mounh Sarath's allegations that Joile had reneged on an agreement by stopping funds for his group, "We have specific evidence (of) him having taken the money, and we are considering whether to file a lawsuit or press charges against him in Cambodia," Neilson said.

Jolie has set up an independent Cambodian organization to administer a conservation project for remote northwestern areas of Cambodia, the director of the new group said Monday.

Jolie terminated the contract with Cambodian Vision in Development and the U.S. conservation group WildAid, which had co-managed the project, in December, said Stephan Bognar, executive director of the Maddox Jolie Project. The new group is named for Jolie's 5-year-old son Maddox, who was adopted from Cambodia in 2002.

The 31-year-old actress has promised up to US$1.3 million over five years for the forest conservation program, which was approved by the Cambodia government in 2003. On Tuesday, Mounh Sarath denied the allegations and said "I will fight any lawsuit to find out the truth and to see if they have any documented proof of the money stolen."

Jolie filmed scenes from the 2001 movie, "Lara Croft: Tomb Raider," at Cambodia's famed Angkor Wat temple.

Breaking Legal News.com
Sheryl M. Jones
Staff Writer