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New restrictions on Madoff, but no jail for now
Securities |
2009/01/13 08:54
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A judge on Monday allowed Bernard Madoff to remain confined to his Manhattan penthouse, rejecting a bid to jail the disgraced financier but imposing new restrictions to keep him from mailing any more valuables to family and friends.
In a ruling that provided limited satisfaction to investors wiped out in what may be the largest Ponzi scheme ever, Magistrate Judge Ronald L. Ellis ordered Madoff to take an inventory of the items in his $7 million apartment and submit his outgoing mail to security checks.
Prosecutors said they would ask another judge to jail Madoff while he awaits trial. "There is a thirst for blood that transcends just those who have been victimized," said attorney Stephen A. Weiss, who added that some of his several dozen Madoff investors "just want to have this guy's head." Sweeping aside the emotions of the case, the judge cited laws requiring that defendants be allowed to stay out on bail before trial unless they are a danger to the community or a threat to flee. Those standards make it difficult for prosecutors to have white-collar defendants jailed before trial. The judge noted suspects in nearly 75 percent of federal fraud cases are granted bail. Prosecutors said they planned to appeal the ruling and ask another judge to revoke Madoff's bail. The judge stayed his ruling for 48 hours, meaning the new restrictions will not take effect right away. The judge also said restrictions in a separate civil case that apply to property under Madoff's control would apply to the criminal case — meaning moving money around by computer would violate his bail conditions. But in keeping Madoff out of jail for now, Ellis said it did not matter that Madoff was charged in what appears to be the largest Ponzi scheme in history, that Madoff is publicly vilified or that a conviction might bring a long prison term. |
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Report: US Marshals misused as sports escorts
Breaking Legal News |
2009/01/13 08:53
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Investigators say a lawyer for the U.S. Marshals Service used government cars and armed deputies to drive himself and broadcasters to major sporting events like the Super Bowl and the World Series.
A report issued Monday by the Justice Department's inspector general was highly critical of the lawyer, Joseph Band, who worked in the agency's Washington office.
Band also worked as a part-time statistician for Fox Sports, and he came under scrutiny after he received rides to two World Series games in 2007 in Boston, as well as the 2008 Super Bowl in Phoenix. The report issued Monday by Inspector General Glenn Fine found Band sometimes got escorts not just for himself, but for broadcasters as well. Fox Sports spokesman Dan Bell said company officials were unaware "that those arrangements were in any way inappropriate, and regret to learn now that they apparently were." Fine said use of armed government agents as a VIP car service violates ethical standards, and U.S. Marshals in the cities Band visited should not have agreed to his requests. Band "regularly and inappropriately solicited and received assistance of (marshal service) resources for his personal activities, in violation of government ethical rules," the report concluded. |
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Court limits use of law aimed at career criminals
Law Center |
2009/01/13 08:53
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The Supreme Court has ruled that a failure to report for prison does not count as a violent crime under a federal law intended to keep repeat criminals in prison longer.
A unanimous court on Tuesday threw out a mandatory 15-year prison term given to Deondery Chambers, who pleaded guilty to being a felon in possession of a gun. Chambers had three prior convictions, which prosecutors argued and lower courts agreed brought him under the federal Armed Career Criminal Act.
But one of Chambers' convictions was for his "failure to report" for weekend jail stays. The government contended that not showing up for the weekend confinement was akin to an escape and should be treated as a violent crime. Justice Stephen Breyer rejected that argument in his opinion for the court. Breyer said a report that examined failures to report to prison found no evidence that defendants were more likely to resist arrest and potentially injure law enforcement officers or others. In a separate opinion, Justice Samuel Alito said the court is called on too often to interpret the career criminal law and suggested that Congress come up with a list of specific crimes that should trigger application of the law. In a second criminal case, the court unanimously ruled for a Texas prison inmate seeking federal review of his 43-year prison term. The federal appeals court in New Orleans was wrong to find that Carlos Jiminez had missed a deadline for filing his paperwork in federal court, Justice Clarence Thomas said for the court. The cases are Chambers v. U.S., 06-11206, and Jiminez v. Quarterman, 07-6984. |
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Wash. court rules that truants entitled to lawyer
Court Watch |
2009/01/13 08:53
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A panel of judges has apparently made Washington the first state to rule that juvenile students accused of chronically cutting classes in public schools are entitled to a lawyer in their first court hearing.
The Washington state Court of Appeals ruled Monday that denying a juvenile the right to a lawyer from the outset violated constitutional requirements.
Dan Donohoe, a spokesman for the King County prosecutor's office, said the ruling was under review and no decision had been made on whether to appeal to the state Supreme Court. If it stands, the decision could make Washington the first state in which a juvenile is entitled to counsel at the outset of court truancy proceedings that could lead to penalties, said Paul M. Holland, director of the Ronald A. Peterson Law Clinic at Seattle University, which represented the student in the case. "I am not aware of any states that provide lawyers at the initial stage of truancy proceedings," Holland said. "That is the most noteworthy part of this ruling." He said it also is part of a growing body of law that recognizes the right to an attorney in certain civil matters as well as the well-established requirement for representation in criminal cases. Under the law, a juvenile with at least seven unexcused absences in a month or 10 in a school year could be ordered to appear in Juvenile Court on a petition by school officials or the youngster's parents without being represented by an attorney. The appeals court's decision was hailed by the American Civil Liberties Union, which filed a brief supporting the juvenile, a Bellevue girl identified only as E.S. and described as an emotionally troubled member of a refugee family from Bosnia. |
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Illinois county starts new court for veterans
Breaking Legal News |
2009/01/13 08:52
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| With combat duty in Vietnam under his belt, Madison County Circuit Judge Charles Romani Jr. knows veterans often have special issues when it comes to drugs and mental illness. Soon, many of them may be getting his special judicial help. Taking a page from a similar program launched a year ago in New York, court administrators in this suburban St. Louis county plan to launch within weeks a new court designed to deal only with military veterans charged with nonviolent crimes. The mission: Divert many of the veterans from the criminal courts to a program that, much like popular drug courts, will offer them treatment for underlying issues, perhaps sparing them a criminal conviction if they successfully complete the treatment. "There are a lot of services out there; one thing the court will be able to do is get them connected" with veterans, ideally keeping them from becoming repeat offenders, Ann Callis, the county's chief judge, said Monday. Veterans' participation in the new court will be voluntary and Callis said it will be staffed by veterans from virtually every branch of the military. The prosecutor will be former Marine Corps Cpl. Michael Stewart, the public defender former Navy Lt. Tyler Bateman — officials Callis hopes will have a better understanding of veterans' issues. Callis said she hoped the veterans' court would be under way by the end of next month or early March, with no immediate expectations about how many veterans might take part. No additional funding would be required for the court, and Madison County Bar Association lawyers will donate their services, Callis said. "Since we're not asking for any money and it's based on the spirit of volunteerism, we figured why don't we just give it a shot?" she said. |
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Appeals court says NJ gov's e-mails private
Breaking Legal News |
2009/01/12 09:18
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Gov. Jon Corzine won a round Monday in his fight to keep private his e-mail exchanges with a state worker union leader he once dated.
A New Jersey appeals court reversed a lower court ruling requiring the e-mails be made public and authorizing a judge to inspect the communications.
The Democratic governor has been fighting to keep the correspondence between himself, his staff and Carla Katz private since the e-mails were requested by a Republican leader and several news organizations, including The Associated Press. A three-judge appeals panel said the e-mails are covered by executive privilege, which allows officials to withhold certain information in the interest of governing. An appeal to the state Supreme Court is anticipated. Attorney General Anne Milgram argued that Corzine would not be able to govern effectively if his private communications were open to the public. A lawyer for the GOP, Mark Sheridan, argued that the public has a right to view e-mails the governor's office and Katz exchanged during state worker contract talks. Tom Wilson, the Republican state committee chairman, sought disclosure of all e-mails that were not strictly personal or concerning general state business. He questioned whether the state worker contract negotiations were tainted by the relationship between Corzine and Katz. The two dated before Corzine became governor. She is president of the largest state worker local, Communications Workers of America Local 1034. |
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High court to hear dispute over Alaska gold mine
Court Watch |
2009/01/12 06:18
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| A case before the Supreme Court on Monday could set a precedent for how mining waste is disposed of in streams, rivers, lakes and even wetlands. The justices are hearing arguments on whether an Alaska gold mine can dump metal waste into a nearby lake. A ruling in favor of the mining company could allow the Clean Water Act to be interpreted to allow mining waste to be dumped into waterways throughout the United States, said Tom Waldo, a lawyer with the environmental group Earthjustice. "The whole reason Congress passed the Clean Water Act was to stop turning our lakes and rivers into industrial waste dumps," Waldo said. "The Bush administration selected the Kensington mine to test the limits of the Clean Water Act." The U.S. Army Corps of Engineers issued a permit for waste disposal at the proposed Kensington mine north of Juneau in 2005. Under the plan, tailings — waste left after metals are extracted from ore — would be dumped into Lower Slate Lake. Environmentalists sued to halt the practice, saying it would kill fish. A federal appeals court blocked the permit, saying the dumping is barred by stringent Environmental Protection Agency requirements under the Clean Water Act of 1972. The EPA had agreed to a regulatory change in the case defining "fill" as "tailings or similar mining-related materials." The mine's owner, Coeur Alaska Inc., said tailings are inert sandy material, and that almost half of the tailings created by the mine would be recycled back into mine operations. The remaining tailings would be placed in a small unproductive lake, which the company called the best option for disposal. |
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