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Prosecutors seek 145 years in prison for lawyer
Attorneys in the News | 2009/07/09 08:17

A prominent lawyer trained at Harvard and Yale universities who admitted defrauding hedge funds of more than $400 million should be sentenced to 145 years in prison, prosecutors told a judge Wednesday.

Prosecutors cited the privileged education and his comfortable upbringing as they urged the maximum sentence for 59-year-old Marc Dreier. His lawyer, Gerald Shargel, said a sentence of between 10 and 12 1/2 years in prison was appropriate.

"Dreier could have pursued a rewarding and productive life as a lawyer, serving clients and the law, with compensation in the top few percent of the general population," prosecutors said in papers filed in U.S. District Court in Manhattan.

"Instead, Dreier decided to seek vast personal riches and prestige through a life of fraud and through dishonor to his profession," they wrote.

In a letter to the judge dated Tuesday and filed with the court Wednesday, Dreier said he suffers "every day from the shame and self-loathing and regret with which I will always have to live."

He said his crimes were inexcusable.

"I expect and deserve a significant prison sentence," he wrote. He said he asked his lawyers to file his letter in the public record "in the hope that it may do some good as a warning to others not to follow in my path."

He said he has lost all his friends, his law firm, his law license and all he ever owned, along with causing unimaginable suffering to his family, including his 19-year-old son and 17-year-old daughter.

"I will always be remembered as a thief," Dreier wrote. "I have lost my past and my future. I have lost everything a man can lose. And now I will lose my freedom as well, and rightly so."



Gay legal groups want in on Calif court case
Political and Legal | 2009/07/09 08:16

Three gay-friendly legal groups have asked to be part of a federal lawsuit challenging California's same-sex marriage ban — a request that drew an icy reception from the activists behind the case.

After publicly questioning the wisdom of the suit and then submitting papers in support of it, the American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights said they want to represent gay community groups in the proceedings.

The three legal organizations are the same ones that have long led the effort to legalize same-sex marriage in the state. Jennifer Pizer, Lambda Legal's national marriage director, said their full participation is vital now that U.S. District Court Judge Vaughn Walker has put the Proposition 8 challenge on a fast-track to trial.

"We think it will be very helpful to Judge Walker and the ultimate resolution of the questions in the case for the litigation to have the benefit of the presence of the community in all its diversity," Pizer said.

But the newly formed political group funding the case, the American Foundation for Equal Rights, is opposing the request. The foundation scored a public relations coup when it persuaded the high-profile lawyers who squared off over the disputed 2000 presidential election to take on the lawsuit.

In a letter to the legal groups sent Wednesday, board president Chad Griffin, a Los Angeles-based political consultant, said the show of solidarity was coming too late since the same groups originally criticized a federal civil rights claim as premature.



It's not slang! Nev. court permits 'HOE' license
Law Center | 2009/07/09 08:15

A Las Vegas man won a courtroom battle Wednesday with the Nevada Department of Motor Vehicles over his "HOE" license plate, which the agency tried to cancel on grounds that he was using a slang reference to prostitutes.

The high court said the DMV based its opposition to William Junge's plate on definitions found in the Web-based Urban Dictionary, which includes user contributions. Justices ruled that the contributed definitions "do not always reflect generally accepted definitions for words."

Junge, whose case was pursued by the American Civil Liberties Union of Nevada, said he got the "HOE" plate in 1999 for his Chevy Tahoe, after being told "TAHOE" wasn't available.

"It's nonsense," Junge said of the state agency's efforts to pull his plates. The 62-year-old said he was referring to his vehicle's model and not to prostitutes with his plates, adding: "That was their interpretation. Shame on them."

The high court said Urban Dictionary "allows, if not encourages, users to invent new words or attribute new, not generally accepted meanings to existing words."

But "a reasonable mind would not accept the Urban Dictionary entries alone as adequate to support a conclusion that the word 'HOE' is offensive or inappropriate," the justices wrote.

Rebecca Gasca of the ACLU of Nevada said the attempt by a DMV supervisor to cancel Junge's license plate violated constitutional First Amendment protections. Junge dropped out of the litigation after the DMV appealed to the Supreme Court, but the ACLU continued the fight.

"While the Urban Dictionary might be an entertaining Web site about the English language, the court acknowledged it's not a reliable source for DMV decision-making about whether a license plate is vulgar," Gasca said.

In written briefs submitted to the state Supreme Court, an attorney for the DMV argued there was no First Amendment violation and the state has a reasonable basis for regulating vanity plates on vehicles. It also said the term "hoe" was derogatory toward women.



Astor's son back in NYC court, day after falling
Breaking Legal News | 2009/07/09 08:14

Brooke Astor's son is back at his Manhattan trial, a day after he fell and hit his head in a courthouse restroom.

Anthony Marshall, who's 85, had heart surgery last fall. He takes blood thinners and walks unsteadily with a cane. He also has reportedly suffered a mild stroke.

Marshall denies charges that he exploited his mother's dementia to loot her $198 million fortune.

On Thursday, a prosecution witness waited to resume her testimony as lawyers held a conference with the judge.

Pearline Noble of the Bronx was Astor's nursing assistant. She started working for the philanthropist in mid-2003, helping her with grooming and other personal tasks.



Analysis: Sotomayor record thin on executive power
Legal Business | 2009/07/09 08:14

Supreme Court nominee Sonia Sotomayor's thin record on the limits of presidential power suggests she will be neither reflexively hostile to broad expansion of a president's authority nor a reliable rubber stamp in support of it.

Three cases in particular offer clues:

_ As a judge on the 2nd Circuit U.S. Court of Appeals, Sotomayor dismissed complaints of commuters about random searches aimed at stopping terrorists on a ferry 300 miles north of New York City.

_ Citing an earlier ruling by the Supreme Court on the same topic, she upheld President George W. Bush's decision to prohibit U.S. aid to international family planning groups that support abortion.

_ On the other hand, Sotomayor joined colleagues in striking down parts of the anti-terror USA Patriot Act that Bush sought automatically prohibiting Internet service providers from telling customers when the government asks for private information about them.

Sotomayor has ruled in only a handful of foreign policy and national security cases that turned in part on constitutional limits to the powers enjoyed by the president, including the government's ability to respond to the threats, fears and vulnerabilities laid bare by the Sept. 11, 2001, terrorism attacks.

In those rulings, as well as a speech she gave in 2003 at the Indiana University law school, she appeared to be more willing to consider robust use of presidential authority than was Justice David Souter, the man she would replace.

Souter, who retired last week, was among the justices most skeptical of the powers asserted by the Bush administration following Sept. 11.

While Sotomayor has leaned heavily on earlier court decisions to support her rulings — as appeals court judges must — she soon could face potentially groundbreaking cases on national security if President Barack Obama asserts executive authority to continue detaining suspected terrorists.

Obama's far-reaching steps to deal with the economy also could provoke legal challenges that could make their way to the high court. The justices recently rejected a bid to stop Chrysler LLC's sale of most of its assets to Italian automaker Fiat.



Dole sues "Bananas" documentary maker
Breaking Legal News | 2009/07/09 07:15

Dole Food Company Inc filed a defamation lawsuit on Wednesday against Swedish film makers it accuses of knowingly including "patent falsehoods" in a documentary about Nicaraguan banana workers who sued Dole for allegedly exposing them to pesticides on its plantations.

Dole said it repeatedly "implored" director Fredrik Gertten and producer Margarete Jangard to revise the film "Bananas!*" to show that the bananeros' lawsuits against Dole were thrown out in April by a Los Angeles judge who found a "pervasive conspiracy" to defraud U.S. courts by plaintiffs attorneys and Nicaraguan judges.

Gertten "refused to make any meaningful changes to the film, and persisted in publicly screening it and touting its accuracy in the face of court rulings that the story was false ...," said the suit, filed in Los Angeles Superior Court.



NASCAR asks appeals court to reverse ruling
Court Watch | 2009/07/09 05:13

NASCAR has asked an appeals court to overturn the injunction that lifted Jeremy Mayfield's indefinite suspension for a failing a random drug test.

NASCAR made its request Wednesday to the 4th U.S. Circuit Court of Appeals. In the filing, NASCAR argues allowing Mayfield on the track presents potentially fatal consequences to other drivers, teams and fans.

The filing claims U.S. District Court Judge Graham Mullen relied on incorrect information when he lifted the suspension last week.

NASCAR has said Mayfield tested positive for methamphetamine, but the driver has denied using the illegal drug. His lawyers contend NASCAR's drug policy is flawed because it does not meet federal guidelines.



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