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A Chelsea Woman pleaded guilty for child prostitution
Breaking Legal News |
2007/01/22 22:40
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A Chelsea, Mass., woman pleaded guilty today in federal court to conspiring to engage in a child prostitution scheme, Assistant Attorney General Alice S. Fisher for the Criminal Division; United States Attorney Michael J. Sullivan for the District of Massachusetts; Sharon E. Ormsby, Acting Special Agent in Charge of the FBI in New England; Edward Davis, Commissioner of the Boston Police Department; and Colonel Mark Delaney, Superintendent of the Massachusetts State Police, announced today. Evelyn Diaz, 22, pleaded guilty before U.S. District Judge Patti B. Saris to an indictment charging her with one count of conspiracy to engage in a child prostitution scheme, two counts of transportation of a minor to engage in prostitution, and three counts of sex trafficking of children. Diaz was arrested on Friday, July 7, 2006. As part of the plea agreement, Diaz admitted that between approximately July 2003 and May 2005, she operated an escort service that advertised in multiple publications and websites, and sent individuals—including minors—on prostitution calls in and around Boston. Diaz primarily operated the business out of her home in Chelsea. In addition, Diaz at times traveled to other states for the purpose of having individuals—including minors—engage in commercial sex. Diaz kept all or part of the money obtained for the sex acts performed. Diaz also admitted that in July of 2003, she transported Minor A and Minor B, ages 15 and 13 respectively, to New York City to engage in prostitution. Diaz arranged this meeting through her business, paid for the hotel, supplied condoms and received the money paid by the callers. Judge Saris scheduled sentencing for April 27, 2007. Diaz faces a maximum sentence of five years in prison on the conspiracy charge; a mandatory minimum sentence of five years and a maximum of 30 years in prison on the transportation of a minor charges; a 40 year maximum sentence on two of the sex trafficking of children charges; and a maximum life sentence on the third sex trafficking charge. A charge of conspiracy to engage in a child prostitution scheme is still pending against Diaz’s co-defendant, Victor Diaz, 23, of East Boston, Mass. The case was investigated by the FBI, the Boston Police Department and the Massachusetts State Police. It is being prosecuted by Assistant U.S. Attorney Dana Gershengorn in Sullivan’s Major Crimes Unit, and Wendy Waldron, Trial Attorney for the Child Exploitation and Obscenity Section. This case is part of the Innocence Lost Initiative, a cooperative effort to prevent and prosecute child prostitution between the FBI, the Criminal Division’s Child Exploitation and Obscenity Section and the National Center for Missing and Exploited Children. |
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Libby trial jury selected for CIA leak case
Law Center |
2007/01/22 20:43
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A twelve-person jury was selected Monday to sit in the CIA leak trial of former vice presidential aide I. Lewis "Scooter" Libby. Even though jury selection began last Tuesday and was supposed to conclude Thursday the process was extended as too many of the original 60 jurors were dismissed on the grounds that they could not set aside their views on the Bush administration and the war in Iraq. Ultimately, nine women and three men were selected, along with four alternates; four of the active jurors oppose the Iraq war. Opening statements, originally slated for Monday, are now set to begin Tuesday, with Special Prosecutor Patrick Fitzgerald expected to speak for one hour and defense attorney Theodore Wells expected to speak for two hours. |
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Hillary Clinton to run for president
Politics |
2007/01/22 12:54
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New York senator and former first lady Hillary Clinton has thrown her hat into the presidential ring. In her first public appearance since joining the 2008 White House race Clinton said Sunday she wants to become president because she is "worried about the future of our country." Hillary Clinton thinks that in the increasingly crowded field of potential presidential candidates, she's the one who can best confront the nation's challenges. "I am worried about the future of our country and I want to help put it back on the right course, and I believe that I am best positioned to be able to do that," Clinton said.
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Former San Antonio Police Officer runs into jail time
Court Watch |
2007/01/22 12:40
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Former San Antonio Police Officer Dean Gutierrez was sentenced today in federal court to 24 years and four months in prison for violating the civil rights of a citizen whom Gutierrez detained while on duty, the Justice Department announced today. Gutierrez was previously found guilty of sexually and physically assaulting a transgendered individual, who was 21 years-old at the time of the assault. On the night of June 10, 2005, Gutierrez detained and then drove the victim to a secluded location. Gutierrez then proceeded to beat and rape the victim. “Officers of the law bear the special responsibility of upholding justice and protecting the rights of all citizens,†said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “The defendant in this case brutally violated that responsibility. The Justice Department will continue to vigorously prosecute these cases.†The Civil Rights Division is committed to the vigorous enforcement of every federal criminal civil rights statute, such as those laws that prohibit the willful use of excessive force or other acts of misconduct by law enforcement officials. In fact, the Division has compiled a significant record on criminal civil rights prosecutions in the last six years. In fiscal year 2006, nearly 50 percent of the cases brought by the Criminal Section of the Civil Rights Division involved such prosecutions. Since fiscal year 2001, the Division has convicted 50 percent more defendants for excessive force and official misconduct than in the preceding six years. Assistant U.S. Attorney Bill Baumann and Civil Rights Division attorney Jim Felte prosecuted this case for the government. |
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Supreme Court Rejects Calif. Sentencing Law
Court Watch |
2007/01/22 12:17
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The US Supreme Court handed down decisions in three cases Monday, including Cunningham v. California where the Court struck down as unconstitutional California sentencing rules that allow judges to exercise discretion to tack on additional years to prison sentences beyond that determined by a jury. The Court overturned a California Court of Appeal decision, holding that California's Determinate Sentencing Law allows judges to impose enhanced sentences based on a judge's, not the jury's, finding of facts and therefore violates the Sixth and Fourteenth Amendments of the US Constitution. Read the Court's opinion per Justice Ginsburg, along with a dissent from Justice Kennedy and a second dissent from Justice Alito. In the consolidated cases of Jones v. Bock and Williams v. Overton, the Court rejected rules established by the US Court of Appeals for the Sixth Circuit as to when a prisoner can file a lawsuit contesting prison conditions under the Prison Litigation Reform Act of 1995 (PLRA). According to the Court, the PLRA "requires prisoners to exhaust prison grievance procedures before filing suit," but Sixth Circuit rules concerning when a prisoner has exhausted other administrative procedures go too far: The Sixth Circuit, along with some other lower courts, adopted several procedural rules designed to implement this exhaustion requirement and facilitate early judicial screening. These rules require a prisoner to allege and demonstrate exhaustion in his complaint, permit suit only against defendants who were identified by the prisoner in his grievance, and require courts to dismiss the entire action if the prisoner fails to satisfy the exhaustion requirement as to any single claim in his complaint. Other lower courts declined to adopt such rules. We granted certiorari to resolve the conflict and now conclude that these rules are not required by the PLRA, and that crafting and imposing them exceeds the proper limits on the judicial role. |
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Wii Death Lawyer Probes Nintendo Role
Breaking Legal News |
2007/01/22 05:24
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Last week, Sacramento mother of three Jennifer Strange entered a radio contest on KDND to try to win a Wii console. The contest involved drinking large amounts of water. Strange later died of water intoxication. Sacramento attorney Roger Dreyer told Sacramento Bee, “There isn’t going to be a settlement. There’s going to be a venting in a public forum. That’s what we want, and that’s what the family wants.†He said the radio station had been “pushing an irresponsible, ill-advised contest†and would be named in the suit alongside employees directly responsible for the promo. He added that Nintendo “might†be named but only if they played a part in the promo. Although Nintendo has not issued a statement about the tragedy, it seems highly unlikely that the company would knowingly involve itself in such a bad stunt. |
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Infospace Hit with Ringtone Lawsuit
Venture Business News |
2007/01/22 05:05
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Troubled ringtone vendor, Infospace which recently lost on of its largest clients has been hit by a US$100 million lawsuit from the music publisher, EMI. The complaint alleges that InfoSpace and its subsidiaries Moviso and Premium Wireless Services have been underpaying royalties and selling ringtones for songs to which they hold no licensing rights.
The lawsuit also claims that InfoSpace has "engaged in a deliberate effort to frustrate and obstruct the audit rights held by plaintiffs pursuant to license agreements." EMI says that it had requested an audit of InfoSpace's accounts to ensure accurate royalty payments but was met with "diversion, obstruction, misdirection and misinformation." Specifically, EMI alleges that InfoSpace claimed it did not have access to many of its records, and then refused to turn them over. EMI claims it turned over information it acquired to its auditors at Gelfand Rennert & Feldman, who concluded that InfoSpace was miscalculating royalties due to downloads through third-party Web sites operated by cell phone carriers Verizon and US Cellular; failing to report royalties for eight approved sub-licensees; and failing to pay royalties for compositions that appeared on its catalogue of offerings. InfoSpace also says that it will announce fourth quarter 2006 financial results on Thursday, February 1, 2007, after market close. |
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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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