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N. Dakota legislature approves conditional abortion ban
Breaking Legal News | 2007/04/26 00:20

The North Dakota Legislative Assembly passed a bill Monday prohibiting abortion in the state if the US Supreme Court ever declares that such a move would be constitutional. The measure, which Governor John Hoeven is expected to sign, passed the state House 68-24 and the Senate 29-16. In the event that the US Supreme Court overturns the 1973 Roe v. Wade decision, the bill would subject anyone performing an abortion to a prison sentence of up to 5 years, a $5,000 fine, or possibly both. An exception would be made in cases of rape, incest, or where the life of the mother was in danger.

North Dakota has become the second state to pass this type of abortion law; Mississippi approved a similar measure last month. Senate Majority Leader Bob Stenehjem denied that the North Dakota bill was influenced by last week's Supreme Court decision upholding a federal 'partial birth' abortion ban.



Pentagon To End Talon Data-Gathering Program
Law Center | 2007/04/26 00:19

US Under Secretary of Defense for Intelligence James R. Clapper Jr. said Tuesday that the Defense Department's controversial Threat and Local Observation Notice system, or TALON database would be discontinued. Documents released by the Defense Department showed that the Pentagon labeled anti-war activities as "potential terrorist activity" and monitored students, Quakers and other anti-war groups while collecting information for the domestic terror threats database. According to a DOD statement, Clapper "does not believe merit continuing the program as currently constituted, particularly in light of its image in Congress and the media."

An NBC News report in December 2005 revealed that the military maintained the database of "suspicious incidents," including peaceful anti-war protests and groups. Vietnam war era regulations limit what information the military can collect about people and activities taking place inside the US, and the Pentagon launched an investigation into possible misuse of the program. According to DOD officials, the investigation revealed that 261 entries were improper and subject to removal. Military officials have also acknowledged that some records were kept longer than the DOD's internal 90-day policy even though the groups had been deemed not to be a threat. US Sen. Patrick Leahy (D-VT) welcomed the decision Wednesday, saying that " Talon was another costly, controversial and poorly focused venture that did not make us any safer, while taking a hefty toll in Americans' privacy and Americans' tax dollars. Without clear rules and close oversight, databases like this can easily be abused to violate the public’s constitutional and privacy rights."



Supreme Court hears campaign finance law arguments
Breaking Legal News | 2007/04/26 00:18
The US Supreme Court heard oral arguments Wednesday in the consolidated case of Federal Election Commission v. Wisconsin Right to Life, 06-969, and McCain v. Wisconsin Right to Life, 06-970, in which the Court must decide whether the restrictions on pre-election issue ads imposed by the McCain-Feingold campaign finance law unfairly restrict freedom of speech. Under the law, interest groups cannot run corporate-sponsored radio or TV advertisements that mention a candidate's name within 30 days of a primary or 60 days of a general election. In 2004, anti-abortion group Wisconsin Right to Life was prevented from running ads urging people to ask state Senator Russ Feingold not to filibuster President Bush's judicial nominees, because Feingold was up for re-election that year. Wisconsin Right to Life argues it was not trying to influence an election, but was merely trying to rally support on an unrelated issue. The Federal Election Commission and a group of lawmakers led by Senator John McCain argued in favor of the law, saying that such issue ads can still influence voters. Justices John Roberts and Samuel Alito appeared skeptical of the law, noting that many interest groups have said that the restrictions are impractical. The court is expected to rule this summer.


Two Florida former police officers plead guilty
Criminal Law | 2007/04/26 00:12

Two former police officers arrested in an FBI corruption sting pleaded guilty Wednesday to drug conspiracy charges. Kevin Companion, 41, Stephen Harrison, 46, and two other officers in the Fort Lauderdale suburb of Hollywood were charged with conspiracy to possess and distribute heroin. The other two have pleaded not guilty. Court papers say Companion was the leader and recruited the other three to do illegal work for men they thought were part of a New York mob family. In reality, the "mobsters" were undercover FBI agents.

Among their alleged "protection" activities was escorting a load of heroin from Miami Beach and delivering $1 million in supposedly stolen diamonds to Atlantic City, N.J., documents say.

Hollywood Police Chief James Scarberry said last week that he expected all four to plead guilty.

Telephone messages left for Edward Stamm, the assistant U.S. attorney handling the case; attorneys for the men; and Hollywood police were not returned Wednesday evening.

Companion and Harrison face 10 years to life in prison. They remain free on bond until their sentencing July 20.



Retrial Scheduled to Begin in Decade-Old Murder Case
Court Watch | 2007/04/26 00:03

Opening statements are scheduled today in the retrial of an Iowa man who became the youngest person on death row in Illinois when he was found guilty of a double-murder in 1996.
Daniel Ramsey of Keokuk, Iowa, was 19 when he was convicted of fatally shooting two Hancock County girls as well as wounding his ex-girlfriend and two toddlers.

His former girlfriend -- 17-year-old Rachel Sloop -- testified in the trial about watching her sister die of gunshot wounds and laying wounded as Ramsey dripped blood on her.

Ramsey's videotaped confession to police was included in his first trial, but his conviction was overturned in 2000.

The Illinois Supreme Court ordered a retrial after finding that Ramsey was tried under an insanity defense law that was later ruled improper.

© 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



U.S. says Pfizer unit pleads guilty to kickback
Business | 2007/04/26 00:01

Pharmacia and Upjohn Company Inc., a unit of Pfizer Inc. (PFE.N), pleaded guilty to one count of offering a kickback to a pharmacy benefit manager and was sentenced to pay a criminal fine of $19.68 million, federal prosecutors said on Wednesday.

As a result of its conviction, Pharmacia will be excluded permanently from participation in all federal health care programs, prosecutors said.

Pharmacy benefit managers often recommend drugs to health plans. Their list of recommended drugs is called a formulary.

Prosecutors alleged Pharmacia offered the pharmacy benefit manager inflated payments in the amount of $12.3 million.

They also charged that Pharmacia's financial analyses showed the company expected to earn that much or more from the improved formulary positioning and benefits their drugs were expected to receive in return.

Earlier this month, prosecutors said Pharmacia would plead guilty to the charge, pay the fine and be permanently banned from federal health care programs.



Fla. business co-owners plead guilty in steroid probe
Breaking Legal News | 2007/04/25 20:35

Two owners of a Florida business that prospected for steroid customers on the Internet, producing about $5 million in annual revenue, pleaded guilty Wednesday to drug charges in a New York court.

Greg Trotta, 38, and Brian Schafler, 34, both of Delray Beach, Fla., agreed to testify against others in the multistate investigation by Albany County prosecutors in return for sentences of five years' probation. Each pleaded guilty to felony third-degree diversion of prescription medications and prescriptions, admitting they helped get drugs in 2006 for customers in upstate New York who had no medical need for them.

"I would actually put the order in," Schafler said in court.

He said he talked with customers, then had them talk by phone with Dr. Gary Brandwein, another owner of MedXLife.com, who signed and sent prescriptions, which were filled by Signature Pharmacy of Orlando.

"They paid for hits on Yahoo and other search engines," Assistant District Attorney Christopher Baynes said. Internet users who searched the word "steroids" would pull up MedXLife's Web site ahead of others, he said.

In business for about three years, the company was selling steroids, human growth hormone and testosterone, and it was the second biggest producer for Signature, Baynes said.

"They did $5 million dollars a year in business," he said.

The Web site says MedXLife is currently unable to complete patient orders, not taking new patients or refilling prescriptions.

In New York, it is illegal for a doctor to prescribe drugs without examining the patient in person, and illegal for a pharmacy to dispense prescription drugs without a valid prescription. Both Trotta and Schafler said Brandwein didn't see the patients.

Brandwein of Boca Raton, Fla., a 44-year-old osteopath, has pleaded not guilty to six counts in Albany County Court related to the criminal sale of a controlled substance. Four owners and employees of Signature, which is at the center of the investigation, also have pleaded not guilty to multiple charges.

Charges are pending against seven others. Five other people from Texas, Florida and New York, including two former physicians, have pleaded guilty.

Trotta and Schafler agreed to forfeit $10,000 each. District Attorney P. David Soares said that restitution will exceed the investigation's expenses so far.

Prosecutors say they targeted distributors, not customers, who reportedly included several professional athletes.



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