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NHPD narcotics cop pleads guilty
Breaking Legal News | 2007/10/29 06:58
Former New Haven Police Department Lt. William “Billy” White, who headed the department’s narcotics unit for more than a decade, pleaded guilty Friday to conspiracy to commit bribery and theft of government property. White’s change of plea status — he pleaded not guilty shortly after his arrest last March — may result in a lesser sentence than if had he not changed his plea and had then been found guilty. White’s decision follows close on the heels of guilty pleas by former NHPD Detectives Jose Silva and Justen Kasperzyk, two other subjects of the federal investigation.

Following White and Kasperzyk’s arrest, the NHPD disbanded the narcotics unit and the city hired the Police Executive Research Forum to evaluate the NHPD. At forums since the original arrests, some city residents expressed frustration with a department they said has lost sight of community policing.

City Hall spokeswoman Jessica Mayorga said the three former police officers do not represent the general conduct of the rest of New Haven’s police force.

“It’s important for the community to understand that this is three officers who did despicable things,” Mayorga said. “These … officers do not represent the hard work of those 400 other officers.”

White has been charged with one count of bribery conspiracy — for which he faces up to five years imprisonment and a $250,000 fine — and two counts of government property theft, which could lead to 10 years and $250,000 in penalties. White must also pay restitution for the stolen federal and local funds and forfeit the money he gained from the bribery conspiracy, which will total over $25,000.

But the guilty plea affords White the benefit of a potential reduction of his Adjusted Offense Level, making 37 to 46 months imprisonment and a fine between $7,500 and $75,000 the most probable punishment. White is also subject to three years of supervised release after his prison term ends.

The Federal Bureau of Investigation began its undercover operation in July 2006, when a clandestine Connecticut State Police Sergeant began working with White, the supervisor of NHPD’s Narcotics Enforcement Unit at the time. Several incidents — including an FBI sting operation on Jan. 31, 2007 — confirmed White’s participation in unlawful acts and culminated in his indictment.

The FBI planted about $27,500 in a car with hidden cameras and microphones during its sting operation, luring White to the scene with a tip from the undercover agent’s informant. During this first encounter, White searched the trunk and removed $5,000 of the cash, professing he would not steal all of the funds in order to protect the informant’s safety. But later in the day, White, thinking the money belonged to a drug dealer, returned to the car and stole all of the money, splitting the stolen funds with the unnamed undercover officer.



Mokbel's brother guilty of drug trafficking
Court Watch | 2007/10/28 11:56

A brother of fugitive drug lord Tony Mokbel has pleaded guilty to drug trafficking at Melbourne County Court.

Kabalan Mokbel, 45, was arrested in Melbourne on April 11, 2003, after detectives from the Victoria police Purana task force found a stash of methamphetamine in his car.

Mokbel, a truck driver from suburban Brunswick, appeared before Melbourne's County Court on Monday, pleading guilty to one charge of trafficking a drug of dependence.

Judge Philip Coish adjourned the matter to November 12 for a pre sentence hearing and remanded Mokbel in custody.

His brother Tony is in jail in Greece awaiting extradition to Australia after skipping the country last year near the end of his trial for trafficking cocaine.



Former Court Clerk in Fix Over Tickets
Court Watch | 2007/10/28 11:47
A former court clerk is in a fix. She's charged with fixing 73 of her own parking tickets to avoid paying $5,112 in fines and late fees.

Dawn Nyberg, 32, of Blaine, was charged with theft by swindle of public funds, forgery, and misconduct by a public officer. The first two charges are felonies; the last is a misdemeanor.

Hennepin County District Court Administrator Mark Thompson said he had not seen anything similar in his 13 years with the court.

Nyberg's tickets were issued near the Hennepin County Government Center, averaging one every 10 days over two years. "The presumption is she was parking the car around here and coming into work," Assistant Hennepin County Attorney Tom Fabel said.

The complaint alleges Nyberg used her access to a county computer system to expunge her citations or enter incorrect information about her vehicle. Most times, Nyberg used her personal login, but sometimes she used other employees' names, the complaint said.

Nyberg paid no fines on any citations except the final two tickets, which she paid when she resigned June 25, 10 days after the trouble came to light.



Former Haitai Group CEO Found Guilty
International | 2007/10/27 11:57
A former business leader was found guilty Monday of embezzling corporate funds.

The Seoul Central District Court sentenced Park Kun-bae, a former chief administrator of Haitai Group, to an eighteen month prison term..

Park was indicted last November for embezzling 3.5 billion won from six Haitai subsidiaries.

"It is clear he directly or tacitly pressed the then heads of the six subsidiaries to support his embezzlement by using his corporate management power," the court said.


Judge Orders T.I. Released on Bond
Breaking Legal News | 2007/10/27 11:52
A federal judge ordered rapper T.I. released on $3 million bond Friday, but he must remain in home confinement while he awaits trial on weapons charges. U.S. Magistrate Judge Alan Baverman said the singer must remain under house arrest at a home in Henry County. He wasn't more specific about the location. T.I. (real name: Clifford Harris) will be monitored 24 hours a day by a private monitoring service that he must pay for.

He's restricted to the home except under certain circumstances, including medical appointments and court appearances. He cannot own any firearms and cannot have contact with any witnesses or informants in the case.

Noting that T.I has a team of highly qualified attorneys, the judge said: "You shouldn't do anything that will undermine their ability to represent you."

Defense lawyer Ed Garland argued that based on the amount of money being put up, there's no reason not to release his client.



Spring Nextel Agrees to Unlock Phones
Court Watch | 2007/10/27 11:51
Wireless subscribers of Sprint Nextel Corp. may no longer have to buy a new phone if they jump to a new carrier.

As part of a proposed class-action settlement, the Reston, Va.-based provider, with operational headquarters in Overland Park, Kan., has agreed to provide departing Sprint PCS customers with the code necessary to unlock their phones' software.

That would allow the phones to operate on any network using code division multiple access technology, or CDMA. Competitors using that technology include Verizon Wireless and Alltel Corp., although the Sprint handset would still have to meet those networks' technical standards to work.

The codes won't work for Sprint's Nextel-branded phones, which use iDEN technology, and don't allow switching to AT&T or T-Mobile, which use global system for mobile communication, or GSM, technology.

Sprint made the offer as part of the proposed settlement of a California class-action lawsuit, filed last year, accusing the company of anticompetitive practices.

The plaintiffs claimed the software "lock" forced customers wanting to switch carriers to have to buy a new phone, throwing up a barrier to competition. A similar lawsuit was filed in Palm Beach County, Fla., and is covered by the proposed settlement.

On Oct. 2, an Alameda County Superior Court judge gave the settlement his preliminary approval. A final approval hearing hasn't yet been scheduled, said Sprint Nextel spokesman Matt Sullivan.

"We believe this settlement is fair and reasonable," Sullivan said, adding that the company denies wrongdoing and settled the suit "so we can continue to focus on our business."

Sprint doesn't expect to pay any financial damages as part of the settlement, other than possible legal fees, Sullivan said.

Sprint said it will share the unlocking code with all current and former subscribers once their phones are deactivated and their bills are paid. The company also will add information about the locking software and how to obtain the unlocking codes in the list of terms and conditions of service given to new customers, and instruct its customer service representatives on how to connect a non-Sprint phone to the Sprint network.

The settlement covers customers who bought a Sprint phone between Aug. 28, 1999, and July 16, 2007.



US court lets Liz Taylor keep van Gogh painting
Breaking Legal News | 2007/10/27 11:49
The U.S. Supreme Court allowed actress Elizabeth Taylor to keep a Vincent van Gogh painting on Monday, rejecting an appeal by descendants of a Jewish woman who said she was forced to sell it before fleeing Nazi Germany in 1939.

The justices refused to review a U.S. appeals court ruling that dismissed the lawsuit because the descendants waited too long to bring their claims demanding that Taylor return van Gogh's "View of the Asylum and Chapel at Saint-Remy."

Van Gogh painted the work in 1889. Less than a year later, he killed himself. Taylor's father purchased the painting on her behalf at a Sotheby's auction in 1963 in London for 92,000 British pounds -- about $257,000 at the time. The painting now is estimated to be worth tens of millions of dollars.

Four South African and Canadian descendants of Margarete Mauthner, a Jewish woman who fled Germany in 1939 for South Africa, sued Taylor in 2004 in federal court in California.

The lawsuit claimed the Nazis forced Mauthner to sell the painting under duress before fleeing Germany and that it should be returned to her descendants under the 1998 U.S. Holocaust Victims Redress Act.

Taylor said the record showed the painting was sold through two Jewish art dealers to a Jewish art collector, and that there was no evidence of any Nazi coercion or participation in the transactions.

A U.S. appeals court upheld the dismissal of the lawsuit.

It ruled the descendants had waited to long to bring the lawsuit and the claims under state law were barred by the statute of limitations.

It also ruled that the 1998 federal law refers to the United States and other governments working to return artworks confiscated during the Nazi rule to their rightful owners, but does not give individuals the right to sue private art owners.

Attorneys for the descendants appealed to the Supreme Court. "The issue is of pressing importance, given the advanced age of Holocaust survivors and their heirs," they said.

"There is a strong recent trend toward permitting claimants of Holocaust-era artwork to seek to recover them, regardless of the statute of limitations," the attorneys said in asking the Supreme Court to hear the case.

Taylor's attorneys opposed the appeal and said the appeals court's judgment was correct. They said the policy arguments by the descendants over the 1998 law should be directed to the U.S. Congress, not the Supreme Court.

In siding with Taylor, the high court turned down the appeal without any comment or recorded dissent.



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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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