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DOJ seeks dismissal of Guantanamo habeas cases
Breaking Legal News | 2007/04/20 05:32

The US Department of Justice (DOJ) on Thursday sought the dismissal of all pending Guantanamo Bay detainee habeas corpus cases in the US District Court for the District of Columbia. The motion to dismiss was filed in response to the US Supreme Court denying petitions for certiorari earlier this month on two cases challenging the Military Commissions Act (MCA). The US Court of Appeals for the DC Circuit had upheld the habeas-stripping provisions of the act in February. In Thursday's motion, the DOJ argued that February's motion, and this month's denial of cert, means that all litigation should be in the DC Circuit. The DOJ stressed that lawyers will continue to be allowed to meet with their clients during a "reasonable transition period," but in the future, client-visit priority will be given to lawyers who are pursuing litigation in the DC Circuit court.

The MCA, signed into law last October, denies federal courts the right to hear habeas corpus petitions. Shortly after the bill was enacted, the DOJ notified the DC Circuit that it no longer had authority to hear such cases. The court had stayed the almost 200 cases affected by the act, pending the legal challenges to the MCA.



Two Defendants Plead Guilty to Internet Music Piracy
Venture Business News | 2007/04/20 02:09

Two defendants pleaded guilty to conspiracy to unlawfully reproduce and distribute copyrighted music over the Internet, Assistant Attorney General Alice S. Fisher of the Criminal Division and U.S. Attorney Chuck Rosenberg of the Eastern District of Virginia announced today.

Arthur Gomez, 25, of La Habra, Calif., pleaded guilty before U.S. District Judge Leonie M. Brinkema. His sentencing has been scheduled for July 13, 2007, at 9:00 a.m. Sergey Ribiakost, 21, of Bardonia, N.Y., pleaded guilty on April 17, 2007, before U.S. District Judge James C. Cacheris. His sentencing is scheduled for July 10, 2007, at 1:00 p.m. Both defendants pleaded guilty to one count of conspiracy to commit copyright infringement and face up to five years in prison, a fine of $250,000, and three years of supervised release.

Gomez and Ribiakost were leading members in the illegal software, game, movie and music trade online, commonly referred to as the warez scene. The defendants were active members of the pre-release music group Apocalypse Crew (APC), one of a handful of organized online criminal groups that acted as “first-providers” of much of the pirated music available on the Internet.

As a pre-release music group, APC sought to acquire digital copies of songs and albums before their commercial release in the United States. The supply of such pre-release music was often provided by music industry insiders, such as radio DJs, employees of music magazine publishers, or workers at compact disc manufacturing plants, who frequently receive advance copies of songs prior to their commercial release. Once a group prepared a stolen work for distribution, the material is distributed in minutes to secure computer servers throughout the world. From there, within a matter of hours, the pirated works are distributed globally, filtering down to peer-to-peer and other public file-sharing networks accessible to anyone with Internet access.

Ribiakost and Gomez represent the 46th and 47th convictions resulting from Operation FastLink, an ongoing federal crackdown against the organized piracy groups responsible for most of the first stage of illegal distribution of copyrighted movies, software, games and music on the Internet. Operation FastLink has resulted, to date, in more than 120 search warrants executed in 12 countries; the confiscation of hundreds of computers and illegal online distribution hubs; and the removal of more than 50 million dollars worth of illegally copied software, games, movies and music from illicit distribution channels. Operation FastLink is the culmination of multiple FBI undercover investigations, including an investigation into online pre-release music groups led by FBI agents from the Washington field office.

In the past five years, beginning with Operation Buccaneer in 2001, Operation FastLink in 2004, and Operation Site Down in 2005, the Department’s prosecutions of top piracy organizations have resulted in more than 100 felony convictions in the U.S. for copyright infringement and conspiracy to commit copyright infringement.

This case was prosecuted by Jay V. Prabhu, trial attorney for the Criminal Division’s Computer Crime and Intellectual Property Section. The Recording Industry Association of America (RIAA) and its member companies assisted and cooperated with the FBI’s investigation in this case.



GM reports record sales in the first quarter
World Business News | 2007/04/20 02:08

General Motors sold record 2.26 million cars and trucks around the world in the first quarter of 2007, according to preliminary sales figures released Thursday. GM global first quarter sales were up by 67,000 vehicles, or 3 percent, compared with sales of 2.19 million in the first quarter 2006. Global market share is estimated at 13.0 percent, compared with 13.1 percent a year ago.

"GM posted record sales in the first quarter driven by exceptionally strong demand in emerging markets," said John Middlebrook, GM vice president, Global Sales, Service and Marketing Operations.

"We saw more than 20 percent growth in the Asia/Pacific region and had 17 percent growth in the Latin America, Africa and Middle East region," he said.

In the Asia/Pacific region, GM sold a record of 388,000 vehicles. GM remained the top-selling automaker in China and sold 100,000 vehicles in a month for only the second time.

In the Latin America, Africa and Middle East region, GM sales reached an industry-best 269,000 vehicles, a record for the fist quarter and up 17 percent in volume compared with 2006. Sales in Brazil were up 12 percent for the quarter.



Woman pleads not guilty in fatal fire
Breaking Legal News | 2007/04/20 01:11

A woman who told police a deadly apartment building fire began when she tried to light a dollar bill to warm her feet pleaded not guilty to murder and arson charges on Thursday. A grand jury indicted Mary Smith two weeks ago in the March 10 fire that killed four people.

Defense attorney Jacqueline Ross said at Smith's arraignment that his client is taking psychiatric medication and being treated for mental health problems. She is being held without bail.

Prosecutors say Smith gave a videotaped statement in which she admitted to starting the blaze by trying to warm her feet by lighting a dollar bill that an apartment visitor had given her.

Smith was wearing plastic bags on her feet when she was arrested at a nearby coffee house. Prosecutors have not decided whether to pursue the death penalty.



Extradited Software Piracy Ringleader Pleads Guilty
Court Watch | 2007/04/20 01:08

The leader of one of the oldest and most renowned Internet software piracy groups has pleaded guilty to criminal copyright infringement charges, in one of the first ever extraditions for an intellectual property offense, Assistant Attorney General Alice S. Fisher of the Criminal Division and U.S. Attorney Chuck Rosenberg for the Eastern District of Virginia announced today.

Hew Raymond Griffiths, 44, a British national living in Bateau Bay, Australia, was extradited from Australia in February 2007 to face criminal charges in U.S. District Court in Alexandria, Va. He pleaded guilty today before U.S. District Judge Claude M. Hilton to one count of conspiracy to commit criminal copyright infringement and one count of criminal copyright infringement. If convicted on both counts, Griffiths could receive a maximum sentence of 10 years in prison and a $500,000 fine. Prior to his arrival in the United States, he had spent nearly three years incarcerated at a detention center in Australia while fighting his extradition in Australian court. Judge Hilton set a sentencing date for June 22, 2007, at 9:00 a.m.

Griffiths was the leader of an organized criminal group known as DrinkOrDie, which had a reputation as one of the oldest security-conscious piracy groups on the Internet. DrinkOrDie was founded in Russia in 1993 and expanded internationally throughout the 1990s. The group was dismantled by the Justice Department and U.S. Immigration and Customs Enforcement as part of Operation Buccaneer in December 2001, with more than 70 raids conducted in the U.S. and five foreign countries, including the United Kingdom, Finland, Norway, Sweden and Australia. To date, Operation Buccaneer has resulted in more than 30 felony convictions in the United States and 11 convictions of foreign nationals overseas. Prior to its dismantling, DrinkOrDie was estimated to have caused the illegal reproduction and distribution of more than $50 million worth of pirated software, movies, games and music.

Griffiths, known by the screen nickname “Bandido,” was a longtime leader of DrinkOrDie and an elder in the highest echelons of the underground Internet piracy community, also known as the warez scene. He held leadership roles in several other well-known warez groups, including Razor1911 and RiSC. In an interview published in December 1999 by an online news source, he boasted that he ran all of DrinkOrDie’s day-to-day operations and controlled access to more than 20 of the top warez servers worldwide. In fact, Griffiths claimed to reporters that he would never be caught.

Griffiths admitted that he oversaw all the illegal operations of DrinkOrDie, which specialized in cracking software and distributing the cracked versions over the Internet. Once cracked, these software versions could be copied and used without limitation. Members stockpiled the illegal software on huge Internet computer storage sites that were filled with tens of thousands of individual software, game, movie and music titles worth millions of dollars. The group used encryption and an array of other sophisticated technological security measures to hide their activities from law enforcement.

This case was investigated by the Washington field office of U.S. Immigration and Customs Enforcement (ICE) in conjunction with the Customs Cybercenter in Fairfax, Va.

This case is being prosecuted by Deputy Chief Michael DuBose and trial attorney Jay Prabhu of the Criminal Division’s Computer Crime and Intellectual Property Section, and Assistant U.S. Attorney Robert Wiechering of the Eastern District of Virginia.



Jones Day Obtains Victory in Robare Case
Law Firm News | 2007/04/19 15:26




In Robare, the New York Appellate Division, Third Department, affirmed the trial court's order granting defendants' motions for summary judgment dismissing the complaint on the ground that all causes of action against the defendant cigarette manufacturers, including Firm client R.J. Reynolds Tobacco Company, were barred by the applicable statute of limitations. The issue on appeal was whether equitable estoppel prevented defendants from asserting the statute of limitations defense. Absent such estoppel, the plaintiff's claims were clearly time barred.

Plaintiff initiated his action against defendants in August of 1997, well beyond the three-year statute of limitations. He argued that defendants should be equitably estopped from asserting the statute of limitations defense based on various news items he either read or saw regarding the defendants' statements about smoking. The court held that the doctrine of equitable estoppel was inapplicable because plaintiff had timely awareness of all appropriate facts to permit him to make further inquiry before the limitations period expired, and because he either could not have reasonably relied on the news items he claimed to have seen in light of his admitted knowledge of the health risks of smoking, or that news constituted nothing more than mere denials of wrongdoing insufficient to create an estoppel. The court also found that there was no special relationship between plaintiff and defendants that would create a fiduciary relationship obligating defendants to inform plaintiff of the facts underlying his claim. Accordingly, the dismissal of plaintiff's action was unanimously affirmed.

Reynolds was represented by Harold Gordon and Daniel Russo in the New York office.


Ex-Navy chief pleads guilty to attempted rape
Criminal Law | 2007/04/19 12:10

Naval Base Kitsap's former top enlisted man pleaded guilty Thursday to attempted rape.

Kitsap County prosecutors will recommend a 90-month sentence for Edward E. Scott, 43, and his defense attorney may ask for a sentencing alternative, including treatment. He entered his plea in Kitsap County Superior Court.

Scott was arrested March 16 upon entering a Bremerton motel where an Internet chat had led him to expect he would have sex with 12-year-old twins and their mother, police reports said. The "mother" was an undercover officer.

Scott, who was a Navy command master chief at the time of his arrest, told detectives that he had an addiction to online chat rooms and was getting back at his wife over marital issues.



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