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Boys’ Kidnapper Gets 170 Years More
Criminal Law |
2007/12/22 17:04
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| Michael Devlin received one final sentence Friday — 170 years — for making pornography of a boy he kidnapped and sexually assaulted over four years. Devlin is already serving multiple life terms for kidnapping and assaulting Shawn Hornbeck and another Missouri boy, Ben Ownby. This time around, a federal judge went well beyond the sentencing guideline of 30 years. The sentence came on a guilty plea in October from Devlin to four counts of making pornographic photos and videotapes of Shawn, who was abducted at age 11 in 2002, and two counts for taking Shawn across state lines on trips to Illinois and Arizona with the intent of sexually assaulting him. The Associated Press generally does not identify victims of sexual assaults, but the identities of Devlin's victims became widely known in the coverage of his arrest and prosecution. Devlin, 42, was sentenced to multiple life sentences in October after admitting to crimes in Franklin, Washington and St. Louis counties connected to the abductions of Shawn and 13-year-old Ben Ownby in January. Both boys were found four days after Ben was abducted at Devlin's apartment in the St. Louis County town of Kirkwood. At the federal sentencing hearing Friday, Devlin appeared thinner, with a heavier beard. He showed no emotion, except for an occasional twitch of his shackled hands. Shawn's parents, Craig and Pam Akers, were at the hearing. Craig Akers appeared noticeably pained when Devlin's attorney, Michael Kielty, told the judge that by pleading guilty, Devlin spared the boys and their families "the torture of going to trial." The Akers told the judge Devlin had shown their son, and those who love him, no mercy and spoke of how they were without him for 1,558 days. "I don't think any parent can bear the thought of their child being tortured for one day, yet alone four years," Pam Akers said. Authorities still haven't determined where Devlin will serve his time. Missouri prison officials are so concerned about his safety because of the nature of his crimes that they have said he may be moved to an out-of-state prison or placed in protective custody. Despite news reports that Devlin might be provided a different identity, Department of Corrections spokesman Brian Hauswirth said that had never been planned and questioned whether it would be legally permitted. |
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High Court Asked to Review Congress Raid
Court Watch |
2007/12/22 17:02
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| The Justice Department has asked the Supreme Court to toss out a lower court ruling that says the FBI was wrong to raid Democratic Rep. William Jefferson's office, a decision the Bush administration argues will hinder corruption investigations of Congress. In an appeal filed this week, government lawyers said that only the nation's highest court can decide whether the 18-hour raid was an unconstitutional breach of congressional authority or a proper tactic in a lengthy corruption inquiry. "Only this court can resolve this important question," the Justice Department wrote in its 28-page appeal, filed Wednesday. "Until it does so, investigations of corruption in the nation's capital and elsewhere will be seriously and perhaps even fatally stymied." Jefferson's attorney, Robert P. Trout, declined comment Friday. The Constitution prohibits the executive branch from using its law enforcement powers to interfere with the lawmaking process, and the FBI should have given Jefferson a chance to argue that some of the documents involved legislative business, according to the August ruling by the U.S. Court of Appeals for the District of Columbia Circuit. The May 2006 raid was part of a 16-month international bribery investigation of Jefferson, a nine-term Democrat from New Orleans. He is accused of accepting $100,000 from a telecommunications businessman, $90,000 of which was later recovered in a freezer in the congressman's Washington home. Jefferson pleaded not guilty in June to charges of soliciting more than $500,000 in bribes while using his office to broker business deals in Africa. In its August ruling, the federal appeals court held that the raid itself was constitutional. But it ordered the Justice Department to return any legislative documents it seized from Jefferson's office on Capitol Hill. Still undecided is whether prosecutors can use other records it confiscated as part of their bribery case against Jefferson. Justice Department attorneys said the ruling "fundamentally misinterprets" constitutional guarantees that allow the executive branch to investigate and prosecute corruption in Congress. "Although this case involves a search of a Capitol Hill office (a concededly extraordinary event), the court's decision threatens to impede searches of Members' homes, vehicles, or briefcases," government attorneys wrote in their appeal to the Supreme Court. In addition to Jefferson, the Justice Department is investigating disgraced lobbyist Jack Abramoff's dealings with Reps. John Doolittle and Jerry Lewis, both California Republicans; former Rep. Tom DeLay, R-Texas; and former Sen. Conrad Burns, R-Mont. A dozen people — including former Rep. Bob Ney, R-Ohio, former Deputy Interior Secretary Steven Griles and former White House official David Safavian — have been convicted in the Abramoff probe. In a Thursday hearing on the Jefferson case, an FBI agent testified that investigators had information about potentially shady business deals involving Jefferson going back the late 1990s. During a pretrial hearing in federal court in suburban Virginia, FBI agent Timothy Thibault said he found a bureau document from the late 1990s questioning Jefferson's business deals with a sugar company. |
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IRS says Fedex owes $319 mln in back taxes
Tax |
2007/12/22 07:06
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| Fedex Corp said on Friday that the U.S. Internal Revenue Service found that its FedEx Ground independent contractors should be reclassified as employees for tax purposes and that the company faced related taxes and penalties of more than $319 million for 2002. The IRS is auditing similar issues for 2004 through 2006, the package delivery company said in the filing with the U.S. Securities and Exchange Commission. "Given the preliminary status of this matter, we cannot yet determine the amount or a reasonable range of potential loss. However, we do not believe that any loss is probable," Fedex said in the filing. The International Brotherhood of Teamsters, which has asserted FedEx Ground workers are in fact employees and which is campaigning to unionize FedEx Ground drivers, welcomed the IRS decision. "It's game over for FedEx's independent contractor scam," union President Jim Hoffa said in a statement. The union said penalties against FedEx could eventually top $1 billion, since the current penalty only covers the year 2002. FedEx said that it has "strong defenses to the IRS's tentative assessment and will vigorously defend" its position that FedEx Ground's owner-operators are independent contractors. The filing came a day after Memphis, Tenn.-based FedEx warned that it faces "increase regulatory and legal uncertainty" over the independent contractor model it uses at FedEx Ground, which could result in higher costs.. FedEx Ground uses 15,000 drivers who are paid as independent contractors. Under this system, FedEx Ground drivers can own multiple routes, employing other drivers to deliver packages. Investors like the model because it helps FedEx save money and compete against main rival United Parcel Service Inc and its unionized work force. |
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IRS says Fedex owes $319 mln in back taxes
Tax |
2007/12/22 07:06
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| Fedex Corp said on Friday that the U.S. Internal Revenue Service found that its FedEx Ground independent contractors should be reclassified as employees for tax purposes and that the company faced related taxes and penalties of more than $319 million for 2002. The IRS is auditing similar issues for 2004 through 2006, the package delivery company said in the filing with the U.S. Securities and Exchange Commission. "Given the preliminary status of this matter, we cannot yet determine the amount or a reasonable range of potential loss. However, we do not believe that any loss is probable," Fedex said in the filing. The International Brotherhood of Teamsters, which has asserted FedEx Ground workers are in fact employees and which is campaigning to unionize FedEx Ground drivers, welcomed the IRS decision. "It's game over for FedEx's independent contractor scam," union President Jim Hoffa said in a statement. The union said penalties against FedEx could eventually top $1 billion, since the current penalty only covers the year 2002. FedEx said that it has "strong defenses to the IRS's tentative assessment and will vigorously defend" its position that FedEx Ground's owner-operators are independent contractors. The filing came a day after Memphis, Tenn.-based FedEx warned that it faces "increase regulatory and legal uncertainty" over the independent contractor model it uses at FedEx Ground, which could result in higher costs.. FedEx Ground uses 15,000 drivers who are paid as independent contractors. Under this system, FedEx Ground drivers can own multiple routes, employing other drivers to deliver packages. Investors like the model because it helps FedEx save money and compete against main rival United Parcel Service Inc and its unionized work force. |
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Bisnar Chase Makes Christmas Merry for Less Fortunate
Law Firm News |
2007/12/21 11:05
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In spite of the busy holidays, the staff of personal injury law firm Bisnar Chase finds time to support two charity organizations in Orange County, Share Ourselves (SOS) and The U.S. Marine Corps Reserve Toys for Tots Program. SOS helps families who are homeless, the working poor or living at or near the poverty level. Toys for Tots provides new, unwrapped toys for children who come from disadvantaged families.
For SOS, staff members have adopted three nine-member families and have purchased holiday gifts for all. Then a few days before SOS needs the donations, the staff had a gift-wrapping party during their work day.
Bisnar Chase staff also manage the collection boxes for the Toys for Tots drive in their building, with the Orange County Bar Association serving as local coordinator for the Marines. The staff place three 55-gallon boxes throughout their office building and invite the other tenants of their building to donate new, unwrapped toys.
"My colleagues and I really enjoy making the holidays brighter for those less fortunate," says Danielle Olson, executive assistant at Bisnar Chase. "Supporting charity organizations like Share Ourselves and Toys for Tots by buying holiday gifts makes the holidays meaningful. And working at a place where we, ourselves, feel appreciated and respected, it's easy to give back."
Supporting a charity during the holidays is entirely a staff-driven effort, reflecting well on the firm's motto, "People over profits." They have been doing this for five years.
About SOS
For more than 35 years SOS has provided a safety net to those needing emergency assistance, for the homeless, working poor and those living at or near the poverty level.
About Toys for Tots
The U.S. Marine Corps Reserve Toys for Tots Program collects new, unwrapped toys during October, November and December each year, and distributes those toys as Christmas gifts to needy children in the community in which the campaign is conducted.
About Bisnar Chase
Bisnar Chase, LLP, is a California personal injury law firm that represents people who suffered catastrophic injuries that are mostly traffic-related. They specialize in auto defect cases against automobile makers such as Ford and General Motors. Bisnar Chase obtains millions of dollars annually in settlements and judgments for its clients. For more information, visit: www.auto-defect-attorneys.com, www.bisnar-chse.com and www.californiainjuryblog.com |
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Thompson Hine Grows Business Litigation Practice
Law Firm News |
2007/12/21 09:59
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Russell Rogers has joined the Atlanta office of the law firm Thompson Hine LLP as a partner in the firm’s Business Litigation practice group. Prior to joining Thompson Hine, Mr. Rogers was a partner with McKenna Long & Aldridge LLP.
Mr. Rogers’ practice will focus on product liability defense, commercial litigation—specifically insurance coverage litigation and litigation for financial institutions—and environmental law.
“We are pleased to have Russ as part of our growing Business Litigation practice,” says Jim Robenalt, Thompson Hine’s Business Litigation practice group leader. “His extensive experience will be a significant asset to the firm and its clients.”
“Russ’ addition to Thompson Hine’s Atlanta office allows us to continue to expand the breadth and depth of our services in the Atlanta market,” adds Walt Linscott, partner-in-charge of the Atlanta office.
Mr. Rogers received his J.D. from Emory University School of Law and his B.A. from the University of Louisville. He is a member of the State Bar of Georgia.
About Thompson Hine LLP: Established in 1911, Thompson Hine is a business law firm dedicated to providing superior client service. For the last several years, the firm has been named one of the Best Corporate Law Firms in America (in an annual survey of corporate directors conducted by Corporate Board Member magazine). With more than 400 lawyers, Thompson Hine serves premier businesses worldwide. The firm has offices in Atlanta, Brussels, Cincinnati, Cleveland, Columbus, Dayton, New York and Washington, D.C. For more information, go to www.ThompsonHine.com. |
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Pro-Life Law Firm Sues Oakland
Law Firm News |
2007/12/21 09:55
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A pro-life law firm has filed suit against the city of Oakland for approving an expanded bubble zone that would keep abortion protesters and sidewalk counselors further away from abortion businesses. The Life Legal Defense Foundation filed suit on behalf of pro-life advocate Walter B. Hoye II to keep the city from enforcing the law.
The city council approved the 8-foot zone around the entrances to abortion facilities on Tuesday.
The new ordinance makes it unlawful, and punishable by up to one year in jail, to go within that distance of an abortion business unless heading there for an abortion. It applies to protesters as well as sidewalk counselors who help women with alternatives.
LLDF's suit maintains that the ordinance is a content and viewpoint-based restriction of speech and is unconstitutional.
Hoye regularly engages in pro-life counseling and leafleting at the Family Planning Specialists abortion center in Oakland. Two elderly women from his church often join him.
Hoye told the Oakland City Council that "We are not a threat to public safety and these women aren't even capable of harassing clinic clients."
Their activities include handing out leaflets, education about abortion and holding signs with a pro-life message. All of these activities occur on the public sidewalk.
Local attorney Mike Millen, who filed the lawsuit in conjunction with LLDF, talked about it in a statement sent to LifeNews.com.
"Rather than helping women, this ordinance prevents them from receiving valuable information about their developing baby and options which would let that baby live," he said.
Millen added, "It is sad that city leaders are spending time and money on laws that maximize revenue for the abortion industry at the expense of the health of women and babies."
The lawsuit seeks a temporary restraining order blocking the ordinance.
City Attorney John Russo told the San Francisco Chronicle he thinks the lawsuit will fail and claimed it is about stopping harassment, not First Amendment rights.
"They can distribute literature in City Hall Plaza and on just about any street corner," Russo said. "What they cannot do is harass or intimidate women who are exercising their right to choose and right to privacy." |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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