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SEC's enforcement accountant to leave next month
Securities | 2008/12/30 11:37
The top accountant in the Securities and Exchange Commission's enforcement branch is leaving for a private sector job next month, in what could herald a wave of departures from the embattled agency.

The SEC said Tuesday that Susan Markel, chief accountant in the agency's division of enforcement, is taking a job in the corporate investigations practice of AlixPartners LLP, a turnaround consulting firm.

Her departure comes as President-elect Barack Obama's SEC chairman-designate, Mary Schapiro, is likely to face tremendous pressure to bring sweeping changes to the agency, said James Cox, a Duke University law professor and securities law expert.

The SEC has come under fire for failing to detect signs that major Wall Street firms were in trouble. It also has been criticized for ignoring allegations brought to SEC staff about Wall Street money manager Bernard Madoff's businesses. Madoff has been accused of engaging in a massive fraud that may end up costing investors $50 billion.

With the SEC under intense scrutiny from the incoming administration and lawmakers a Capitol Hill, more high-level staff changes could be in the works, Cox said.

For current staffers, it is often better "to leave on your own accord than to face the awkwardness of being asked to leave," he said.

Markel has been at the SEC since 1994, working on the agency's inquiries into Xerox Corp., Cendant, WorldCom and Cardinal Health Inc.

Linda Chatman Thomsen, director of the SEC's Division of Enforcement, praised Markel saying in a statement that "her instincts are superb and her investigative abilities are unparalleled"

Obama has promised a tougher regulatory and enforcement approach after he takes office on Jan. 20.

"Instead of appointing people with disdain for regulation, I will ensure that our regulatory agencies are led by individuals who are ready and willing to enforce the law," Obama said earlier this month.



Shoe-throwing Iraqi journalist's trial postponed
International | 2008/12/30 11:36
The trial of a journalist who has been hailed as a hero in the Arab world after throwing his shoes at President George W. Bush was postponed on Tuesday pending a review of the case by a higher court, a spokesman for Iraq's Higher Judicial Council said.

The trial of Muntadhar al-Zeidi was to begin Wednesday on charges of assaulting a foreign leader, which his defense team said carried a maximum sentence of 15 years. But court spokesman Abdul-Sattar Bayrkdar said that the trial was been postponed pending an appellate court ruling on what charges the journalist should face.

Bayrkdar said the defense team was seeking a lesser charge. Two of his lawyers said they want a reduced charge of insulting a foreign leader — which carries a maximum sentence of three years.

"There is a difference between assault and insult, al-Zeidi wanted to express his objection to the occupation. So the case is within context of an insult and not an intention to kill," his lawyer Diaa al-Saadi told Associated Press Television News.

If the appellate court decides to reduce the charges, then al-Saadi said al-Zeidi could be released on bail. It was unclear when the appellate court would issue its ruling.

Al-Zeidi threw his shoes at Bush during a Dec. 14 joint news conference with Prime Minister Nouri al-Maliki. The gesture of contempt for the U.S. invasion and occupation of Iraq made al-Zeidi a folk hero in Iraq and thousands of people have demonstrated for his release.



Chesapeake Corp. files for bankruptcy protection
Bankruptcy | 2008/12/30 11:35
Specialty packaging company Chesapeake Corp. has filed for Chapter 11 bankruptcy protection and plans to sell itself to a group of investors for about $485 million.

The company's stock, which is traded over-the-counter, closed at 6 cents Monday, well off the $5.61 it traded at a year ago and a sharp drop from the more than $20 it traded for just a few years ago.

Chesapeake, which makes paper cartons and plastic containers for the health care, beverage and food markets, has been cutting jobs and realigning operations in an effort to foster growth and reduce costs. The company struggled earlier this year to complete a $250 million credit line with a group led by GE Commercial Finance Ltd. and General Electric Capital Corp. to refinance prior debt.

The company's shares were delisted from the New York Stock Exchange in October. Chesapeake last month reported a loss for the nine months ended Sept. 28 of $277.1 million as the company booked hefty environmental cleanup and other charges and as sales slipped to $752.5 million due to lost business with British American Tobacco and less demand for drug and health care packaging. In its 10-Q filing with the Securities and Exchange Commission, Chesapeake listed total assets of $936.6 million as of Sept. 28 and $937.1 million in total liabilities.

Chesapeake filed for bankruptcy Monday in the Eastern District of Virginia in Richmond under Chapter 11, which allows a company to reorganize. Non-U.S. units are not included in the filing.



ACLU of Arkansas sues over adoption restrictions
Court Watch | 2008/12/30 11:34
More than a dozen families filed a lawsuit Tuesday challenging a new Arkansas law banning unmarried couples living together from becoming foster or adoptive parents.

The Arkansas chapter of the American Civil Liberties Union filed the lawsuit on behalf of the families in Pulaski County Circuit Court seeking to overturn Act 1, which was approved by voters in last month's general election.

"Act 1 violates the state's legal duty to place the best interest of children above all else," said Marie-Bernarde Miller, a Little Rock attorney in the lawsuit.

The group filed the lawsuit on behalf of 29 adults and children from more than a dozen families, including a grandmother who lives with her same-sex partner of nine years and is the only relative able and willing to adopt her grandchild, who is now in Arkansas state care.

The plaintiffs also include Stephanie Huffman and Wendy Rickman, a lesbian couple raising two sons together who want to adopt a foster child from the state.



Fallout begins after dismal holiday season
Business | 2008/12/30 10:36
The fallout from the horrific holiday season for retailers has begun, with the operator of an online toy seller filing for bankruptcy protection and more stores are expected to do the same — meaning more empty storefronts and fewer brands on store shelves. A rash of store closings, which some experts predict will be the most in 35 years, is likely to come across areas from electronics to apparel, shrinking the industry and leading to fewer niche players and suppliers.

The most dramatic pullback in consumer spending in decades could transform the retail landscape, as thousands of stores and whole malls close down. And analysts expect prolonged woes in the industry as the dramatic changes in shopping behavior could linger for another two or three years amid worries about the deteriorating economy and rising layoffs.

"You are going to see a substantial retrenchment in the retail industry," said Rick Chesley, partner in the global bankruptcy and restructuring group at international law firm Paul Hastings. "The downturn has been catastrophic."

A number of stores couldn't even make it to Christmas. Circuit City Stores Inc. filed for bankruptcy protection last month. It plans to keep operating, but toy seller KB Toys, which filed for bankruptcy earlier this month, is liquidating its stores and will shut down.



Man spits on court floor after traffic conviction
Breaking Legal News | 2008/12/30 10:33
A northern Idaho man convicted of a traffic violation in Bonner County was ordered to spend two days in jail after he spit on the courthouse floor in anger. First District Court Judge Justin Julian found 59-year-old Daniel Malone in contempt on Wednesday.

Julian said the man glared before "maliciously expelling a large amount of saliva" onto a carpet in the courthouse hallway. Earlier in the day, the judge found Malone guilty of failing to obey a stop sign in September. He was ordered to pay a $75 fine.

Malone said he is innocent of the traffic violation and suggested the judge should show mercy because it was Christmas Eve. Julian told Malone there was no excuse for his behavior. Malone was released from jail on Friday.



Number of uncounted ballots in Minn. still unclear
Law Center | 2008/12/30 01:34
The campaigns of Republican Norm Coleman and Democrat Al Franken wrangled Monday over hundreds of unopened absentee ballots that could still tip Minnesota's Senate race.

Lawyers ended a testy public negotiation session convened by the secretary of state's office without agreement on which ballots to open or how many should be under consideration.

That leaves the heavy lifting to a series of regional meetings that begin Tuesday. The ballots that make the cut at those meetings will be opened in St. Paul by Monday.

Those ballots are important because Franken leads Coleman by just 47 votes after the manual review of more than 2.9 million ballots.

The absentee ballots in question were incorrectly rejected by poll judges on or before Election Day, mostly because of clerical errors outside the four legal reasons for rejection.

The state board overseeing the recount ordered that the ballots be counted, and the state Supreme Court agreed — although justices added a few wrinkles. A majority ruled that either campaign can keep any ballot out of the mix with a written objection, leaving spurned voters the option of going to court to reinstate their ballot.

Local officials identified some 1,350 rejected ballots they now say should count, but Coleman's campaign suggested there are an additional 650 that should be added.



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