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SEC sees "rampant" insider trading on Wall Street
Breaking Legal News | 2007/10/26 09:10

A senior Securities and Exchange Commission official said on Thursday insider trading appeared to be "rampant" among Wall Street professionals and the agency has formed a working group to focus on it. "I believe we're going to see more insider trading cases," Linda Chatman Thomsen, the SEC's enforcement director, told reporters on the sidelines of a securities fraud conference. "I am disappointed in the number of cases we are seeing by people who make an abundant livelihood in the market that they are sort of abusing by insider trading," Thomsen said, referring to cases already brought against professionals this year.

Insider trading "appears to be rampant" among Wall Street securities professionals, she added.

Alice Fisher, assistant attorney general with the Justice Department's criminal division, echoed Thomsen's sentiment and said: "The number of insider trading cases don't seem to be going away."

In the past year, SEC enforcement lawyers have brought increasing numbers of insider trading lawsuits and settlements. Recent high-profile cases include charges against a husband and wife in Hong Kong for trades in Dow Jones & Co Inc shares ahead of News Corp's $5 billion takeover bid, and guilty pleas from three former Countrywide Financial Corp executives for trading company shares ahead of a disappointing profit report.

Also, in March U.S. prosecutors charged 13 people, including employees at top Wall Street banks UBS, Morgan Stanley  and Bear Stearns Cos Inc in what they called one of the most pervasive trading rings since the 1980s. The SEC also brought civil charges against 11 people, as well as against three hedge funds.

Insider trading involving hedge funds is the focus of one of the four internal working groups the SEC has set up to tap expertise and coordinate efforts throughout the agency. The $1.8 trillion hedge fund industry guards its secrecy and complex trading strategies.



Ex-City Worker Plea in 9/11 Funds Theft
Breaking Legal News | 2007/10/26 09:05
A former employee at the city medical examiner's office pleaded guilty to helping embezzle millions of dollars, some of which was intended to help identify victims of the Sept. 11 terrorist attack, authorities said Wednesday. Rosa Abreu pleaded guilty Tuesday in federal court in Manhattan to charges of embezzlement, money laundering and conspiracy. She faces a maximum 75 years in prison when she is sentenced on Jan. 23, federal prosecutors said.

Abreu was the director of records at the medical examiner's office. Her co-defendant and former boss, Natarajan Venkataran, was scheduled to go to trial on Nov. 26. Abreu was Venkataran's assistant.

Abreu was responsible for supporting computer systems used to track and identify forensic evidence, including DNA, from crime scenes, prosecutors said. After the Sept. 11 attack, the office needed more computer services to identify victims through evidence collected at ground zero.

The two, charged in 2005, steered more than $13 million in computer service contracts and purchase orders between 1999 and 2004 in exchange for cash payments to companies that did little or no work, according to U.S. Attorney Michael Garcia.

The two also directed millions of dollars to three shell companies they created, withdrew cash and made payments to personal accounts and transferred money overseas, prosecutors said.

Many of the office's Sept. 11-related expenses were reimbursed by the Federal Emergency Management Agency, which forwarded more than $46 million to the office in 2002 and 2003, federal authorities said.



Court: Free Teen Jailed for Consensual Sex
Court Watch | 2007/10/26 08:47

Georgia's Supreme Court on Friday ordered the release of a young man who has been imprisoned for more than two years for having consensual oral sex with another teenager. The court ruled 4-3 that Genarlow Wilson's 10-year sentence was cruel and unusual punishment. Wilson, 21, was convicted of aggravated child molestation following a 2003 New Year's Eve party at a Douglas County hotel room where he was videotaped having oral sex with a 15-year-old girl. He was 17 at the time.

Wilson was acquitted of raping another 17-year-old girl at the party.

The 1995 law Wilson violated was changed in 2006 to make oral sex between teens close in age a misdemeanor, similar to the law regarding teen sexual intercourse. But the state Supreme Court later upheld a lower court's ruling which said that the 2006 law could not be applied retroactively.

Chief Justice Leah Ward Sears wrote in the majority opinion that the changes in the law "represent a seismic shift in the legislature's view of the gravity of oral sex between two willing teenage participants."

Sears wrote that the severe punishment makes "no measurable contribution to acceptable goals of punishment" and that Wilson's crime did not rise to the "level of adults who prey on children."

The state Supreme Court had turned down Wilson's appeal of his conviction and sentence, but the justices agreed to hear the state's appeal of a Monroe County judge's decision to reduce Wilson's sentence to 12 months and free him. That judge had called the 10-year sentence a "grave miscarriage of justice."

Dissenting justices wrote that the state Legislature expressly stated that the 2006 change in the law was not intended to affect any crime prior to that date.

They said Wilson's sentence could not be cruel and unusual because the state Legislature decided that Wilson could not benefit from subsequent laws reducing the severity of the crime from a felony to a misdemeanor.

They called the decision an "unprecedented disregard for the General Assembly's constitutional authority."

A spokeswoman for Wilson's lawyer said his legal team received no advance notice of the decision.



IRS to Improve International Tax Administration
Tax | 2007/10/26 07:08

The Internal Revenue Service intends to improve international tax administration in an effort to reduce the tax gap.

As part of that effort, the IRS said it would increase its outreach to international taxpayers, as well as taxpayers in U.S. territories such as Guam, Puerto Rico and the U.S. Virgin Islands, while it beefs up enforcement. "We are challenged by a lack of information reporting on many cross-border transactions," said the IRS in a page recently posted on its Web site.

The IRS intends to strengthen its information reporting and withholding systems, enhance its access to international data, and "ensure adherence to professional standards by tax professionals."

The IRS also wants to improve its cooperation with treaty partners to identify inappropriate tax arbitrage and abusive schemes, and provide greater transparency on cross-border transactions. One goal is to detect financial criminal activity involving offshore entities.

Modernization of technology, staff and business processes will play a role in the effort. The IRS hopes to improve its systems for capturing and using information reported by treaty partners to improve U.S. taxpayer compliance.

The agency intends to identify the workforce skills it needs to address emerging international issues and develop training for its employees so they can get these skills. The IRS will also improve its forms and processing systems, and assess its referral systems and resources to make sure that high-risk issues are dealt with in a timely way.



Small Firms Flock to IRS E-Filing
Tax | 2007/10/26 06:06

The more than 42,000 large corporations that have already "e-filed" this year exceeds the approximately 22,000 that were required to file by the Sept. 17 deadline. Small businesses have no electronic filing requirement. "This is a record-breaking year for electronically filed returns by corporations and businesses," said Acting IRS Commissioner Linda Stiff. "We will continue to work with the business community, tax practitioners and the software industry to improve this important program."

Beginning in 2006, certain corporations that had assets greater than $50 million were required to file their basic tax forms electronically. Approximately 15,500 of them filed their returns electronically last year. Starting in 2007, certain businesses with assets of more than $10 million had to file electronically.

"Corporations of all sizes are seeing the long range advantages of integrating their tax filing in an electronic environment along with their tax and financial accounting," said IRS Treaty Administration Director Elvin Hedgpeth. "While large and mid-size corporations are required to e-file, many small corporations are seeing the advantages of e-filing voluntarily."



BEA Calls Oracle's Buyout Offer 'Unacceptable'
Venture Business News | 2007/10/26 05:47
Oracle Corp.'s proposed acquisition of BEA Systems Inc. took a turn toward possibly falling apart Friday as the business- software companies continued to spar over a fair price for the deal.

And in the process, investors seemed to believe the odds of the deal have diminished so much that in early trading they sent BEA's stock down $ 1.18 a share, or almost 7%, to $16.50 -- the first time the stock has been below Oracle's $17-a-share offer since the unsolicited bid was made in early October.

The latest twist came in the form of a letter that BEA sent to Oracle's co-president, Charles Phillips. The letter dated Friday, called Oracle's $17-a-share offer "unacceptable," and the BEA board "cannot endorse a proposal that it has concluded significantly undervalues BEA. The letter, signed by William Klein, BEA's vice president of business development, said BEA expects Oracle's offer will expire on October 28.

BEA's letter to Oracle came one day after BEA said it would be willing to sell itself to Oracle, or any other buyer, for $21 a share. That share price would put an $8.2 billion price tag on BEA.

Oracle responded to BEA late Thursday in a letter that Phillips sent to the BEA board, calling the $21-a-share price "impossibly high" and that its $17-a- share bid would be Oracle's only offer.

In his letter, Phillips implied that BEA's board was asking too much for a company that is producing too little in the software industry.



Stull, Stull & Brody Announces Class Action
Class Action | 2007/10/26 01:05

Attorney Advertising. Notice is hereby given that a class action has been commenced in the United States District Court for the Eastern District of Pennsylvania on behalf of purchasers of the securities of Aetna Inc. ("Aetna" or the "Company") (NYSE: AET) between October 27, 2005 and April 27, 2006, inclusive (the "Class Period").

Stull, Stull & Brody has substantial experience representing employees who suffered losses from purchases of their employer's stock in their 401(k) plans. If you bought Aetna securities through your Aetna retirement account and have information or would like to learn more about these claims, please contact us.

The Complaint charges Aetna and certain of its officers and directors with violations of sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder. Specifically, the Complaint alleges that during the second half of 2005 Aetna touted its expanding membership rolls as a primary reason for an increase in operating income.

During the Class Period, defendants misrepresented or failed to disclose the rise in Aetna's medical cost ratio ("MCR"), which is the percentage of dollars a company spends on healthcare, including physician reimbursement, and is the key number for health plans in terms of their level of profitability. Unbeknownst to investors, however, from at least as early as September 2005 defendants had in their possession information that contradicted, or rendered false, statements made by the defendants throughout the Class Period.

On April 27, 2006, the Company shocked the market when it disclosed a rise in its MCR relative to the prior year. This higher MCR coupled with large membership growth meant that the Company was under-pricing its health plans in order to speed up enrollment. This fact, which the defendants knew by September 2005, was conspicuously absent from defendants' public disclosures between October 27, 2005 and April 27, 2006. From April 26, 2006 to April 27, 2006, Aetna's shares fell from $46.43 per share to $37.00 per share, a decline of $9.43 per share, or more than 20 percent, representing a loss in market capitalization of $5.4 billion.

Plaintiff seeks to recover damages on behalf of all those who purchased or otherwise acquired Aetna securities during the Class Period, which is between October 27, 2005 and April 26, 2007, inclusive. If you purchased or otherwise acquired Aetna securities during the Class Period, and either lost money on the transactions or continue to hold the securities, you may wish to serve as a lead plaintiff. If you purchased Aetna securities during the Class Period, you may request that the Court appoint you as lead plaintiff by no later than December 24, 2007.

A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the proposed lead plaintiff's claims are typical of the claims of the other class members, and that the proposed lead plaintiff will adequately represent the class. Under certain circumstances, one or more class members may together serve as "lead plaintiff." Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. You may retain Stull, Stull & Brody, or other counsel of your choice, to serve as your counsel in this action. Stull, Stull & Brody has litigated many class actions for violations of securities laws in federal courts over the past 30 years and has obtained court approval of substantial settlements on numerous occasions. Stull, Stull & Brody maintains offices in New York and Los Angeles.



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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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