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Iran national sentenced for Visa Fraud
Court Watch | 2007/01/16 14:59

An Iranian national has pleaded guilty to one count of conspiracy to commit visa fraud before the Honorable Ricardo M. Urbina in U.S. District Court for the District of Columbia, Assistant Attorney General Alice S. Fisher of the Criminal Division announced today.

Shahram Shajirat, a citizen of Iran, was indicted in January 2004 along with his wife and co-conspirator, Soraya Marghi, in connection with a visas-for-sale ring operated out of the U.S. Consulate in Dubai, United Arab Emirates in the summer of 1999. Through this scheme, at least 25 Iranian men, women and children purchased U.S. non-immigrant visas from Shajirat and Marghi for travel to the United States without undergoing the required security protocols. As part of his plea of guilty, Shajirat will cooperate fully with U.S. authorities to identify each of the visa recipients who illegally received non-immigrant visas.

The conspiracy charge carries a maximum penalty of five years in prison and a fine of $250,000. Judge Urbina set a sentencing date for April 12, 2007.

Marghi, who has dual Canadian and Iranian citizenship, pleaded guilty to conspiracy to commit visa fraud in connection with the same illegal scheme before Judge Urbina on October 20, 2005. Marghi has cooperated with U.S. authorities.

The case is being prosecuted by Matthew C. Solomon and William J. Corcoran of the Public Integrity Section of the Criminal Division, headed by Acting Chief Edward C. Nucci. The case is being investigated by the Visa Fraud Branch of the Diplomatic Security Service of the U.S. Department of State.



Bush Shifts Nominee for Appeals Court
Politics | 2007/01/16 12:58

President Bush on Tuesday shifted a controversial federal appeals court nominee from one opening to another to satisfy Senate Democrats.

In a nod to the Senate's new Democratic leadership, Bush withdrew the nomination of Norman Randy Smith of Idaho for one seat on the San Francisco-based 9th U.S. Circuit Court of Appeals and nominated him for a different seat.

Federal appeals court seats traditionally stay in the hands of judges from the same states. Bush nominated Smith to a 9th Circuit seat held by a judge who lived in Idaho but previously had lived in California.

Sen. Dianne Feinstein, D-Calif., a Judiciary Committee member, threatened to block the Smith nomination, contending the seat was a California seat. She argued that if Smith were confirmed, California would be underrepresented on the nation's largest federal appeals court.

Only last week Bush resubmitted Smith's name to the Senate for the California seat, which had been held by Judge Stephen Trott, On Tuesday he withdrew that nomination and nominated Smith to replace Thomas G. Nelson of Idaho.

Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., welcomed the move, saying that Bush had "avoided a needless fight over a judicial nominee."



UN marks soaring Iraq death toll
International | 2007/01/16 09:38

U.N. officials in Baghdad say more than 34,000 Iraqis perished in violent incidents last year, far more than the government had reported.  U.N. experts say it is urgent to strengthen the police, courts, and other institutions to stem the bloodshed.  VOA's Jim Randle reports from Baghdad.

The chief of the U.N. Human Rights Office in Iraq, Gianni Magazzeni, says U.N. staffers gathered the information from hospitals and the Ministry of Health. The statistics are grim.

"During 2006, a total of 34,452 civilians have been violently killed and 36,685 wounded," he said.

The report says an average of almost 100 people a day die in Iraq's violence.

These figures are much higher than those from Iraq's government, and government officials have called previous U.N. reports "exaggerated."

This report says the security services have been infiltrated by sectarian militia members and are ineffective.

Magazzeni says the appalling toll will not stop until Iraqis have reason to have faith in their police, courts and other institutions of justice.



Historians in court for "Da Vinci Code" appeal
Court Watch | 2007/01/16 09:30

Two historians who lost a plagiarism case against "The Da Vinci Code" author Dan Brown launched an appeal on Tuesday to have the verdict overturned.

Michael Baigent and Richard Leigh, who wrote "The Holy Blood and the Holy Grail" which they say Brown copied, were at London's High Court to hear the opening of the appeal.

Their lawyer, Jonathan Rayner James, will argue that the original judge was wrong to dismiss the idea of a "central theme" in the historians' research which he says was used extensively in six chapters of "The Da Vinci Code."

"The ... judge 'rejected' the central theme because, inter alia, it was not the substantial part of HBHG (The Holy Blood and the Holy Grail)," he said in a printed summary of his argument to be presented in court.

"This approach is incorrect; it does not have to be the substantial part of HBHG ...

"Was there enough of an expenditure of skill and labor to warrant copyright protection? The appellants submit that there was."

Brown, who was called as a witness during the original case last year, is not expected to be present for the appeal.

Judge Peter Smith ruled in April that the central themes were too general or abstract to be protected by copyright.

Brown said at the time that novelists must be allowed to draw from historical works without fear of being sued.

"The Da Vinci Code" is one of the most successful novels of all time, selling more than 40 million copies worldwide and being turned into a major Hollywood movie. It is published in Britain by Random House, as is "The Holy Blood."

The appeal is likely to focus on legal argument, and lack the original case's colorful and often heated debate about the Merovingian monarchy, the knights Templar and Jesus' bloodline.

Both "The Da Vinci Code" and "The Holy Blood and the Holy Grail" raise the possibility that Jesus had a child by Mary Magdalene, that she fled to France after the Crucifixion and that Christ's bloodline survives to this day.

They also associate Magdalene with the Holy Grail.

As in the case last year, the appeal will also focus on Brown's wife Blythe, who emerged as a key contributor to "The Da Vinci Code" through research and ideas.

"In this case, Mrs. Brown knew that she was exclusively using HBHG for that subject matter comprising the Langdon/Teabing lectures," Rayner James said, referring to the six chapters around which the case centers.

"She took a 'short cut' through the research and investigation and simply lifted the material from HBHG."

The appeal is expected to wind up on Friday. The judgment is likely to be delivered in written form at a later date.



Court blocks widow from collecting $5M
Court Watch | 2007/01/16 09:29

The Supreme Court on Tuesday blocked the widow of a man who died in a Texas jail from pursuing a $5 million jury verdict.

The court without comment declined to consider the appeal of Jessie Dorado, whose husband died in an El Paso jail after being denied medication to control seizures. Eduardo Miranda, a Mexican national, was a physician who was arrested in 1997 on a two-year-old drunk driving charge. He died 74 hours later.

Miranda lived legally in El Paso, but practiced medicine in Juarez, Mexico.

His family invoked a federal civil rights law authorizing suits against state and local government officials who violate a person's constitutional rights. A jury awarded Dorado $5 million after deciding that the jail's doctor knew of Miranda's medical needs and failed to minister to him.

A Texas appeals court threw out the verdict. The court said the jail doctor had not acted with deliberate indifference. The appeals court also said Miranda's lawyers presented little evidence that the jail doctor set policy at the facility, a threshold plaintiffs often must cross in civil rights lawsuits against government officials.



Jury selection begins in Libby CIA leak trial
Breaking Legal News | 2007/01/16 02:00
Jury selection begins Tuesday in the CIA leak trial of former vice presidential aide I. Lewis "Scooter" Libby and attorneys for both sides plan to ask potential jurors questions about their political affiliations. US District Judge Reggie Walton approved a final list of questions proposed by attorneys that will be asked of the group of 60 potential jurors over the next few days. Special Prosecutor Patrick Fitzgerald also hopes to ask jurors what news sources they read, while defense attorneys plan to ask how the jurors feel about the war in Iraq and whether they believe the Bush administration lied to the American public about the reasons for going to war.


Akin Gump First US Firm to Open Office In Dubai
Law Firm News | 2007/01/15 11:55


The Dubai International Financial Centre (DIFC) announced the issuance of the first license to a U.S. law firm, Akin Gump Strauss Hauer & Feld LLP, to open an office at the DIFC.

Operating from the DIFC, Akin Gump will have access to a broad range of emerging markets stretching across Africa, the Middle East and South Asia.

Akin Gump, a firm with 15 offices around the world and a well-established Middle East presence, is now registered by the Dubai Financial Services Authority and authorised to provide legal services to financial institutions operating in the DIFC.

Akin Gump's Chairman, R. Bruce McLean, commented: 'We entered the Dubai market to advise our clients on increasing investment to and from the Middle East. The area's dramatic growth and continued development has further solidified our commitment to the region. We are very pleased to be the first U.S. law firm to be licensed in the DIFC, and we hope that others will follow our lead.'

Nasser Alshaali, Chief Executive Officer of the DIFC Authority, said:

'The ability to provide specialist legal advice is an important part of the infrastructure we are creating within the DIFC. As we continue to grow both horizontally and vertically, the DIFC is strengthening its many core competencies, including legal advice.'



He added: 'Our vision in this regard is clear, as is our mandate: the continued rapid growth of the DIFC proves that this centre has become a truly international gateway for capital, which benefits Dubai, the UAE and the wider Middle East. In this regard, we are especially pleased to welcome Akin Gump, the first U.S. law firm to join us, as a new member of the DIFC family.'

Akin Gump lawyers have been advising clients in the region for several decades, and the firm has had a presence in the Middle East for over seven years. The Dubai office, managed by energy and projects partner Gavin Watson, was opened in 2005 and advises clients on a range of matters, including alternative investment products, corporate/commercial activities, private equity transactions, and energy project development and finance.

Mr. Watson noted: 'The importance of being licensed to operate in one of the world's largest untapped financial markets cannot be overstated. The DIFC is doing a tremendous job of bringing together an array of resources to support the region's economic growth. With significant expertise in private equity and investment funds, and a strong reputation in energy project development and finance, Akin Gump is ideally positioned to help our clients participate in this dynamic market. As the first U.S. law firm in the DIFC, we will work closely with the relevant authorities to raise awareness in the United States of the Dubai International Financial Centre and the significant opportunities it presents for U.S. corporates and investment institutions.'

The Dubai International Financial Centre was created by Dubai in 2004 to serve as an onshore hub for global finance, bridging the time gap between the financial centers of Hong Kong and London. With approximately USD $1 trillion in infrastructure projects underway or planned throughout the region, Dubai and the DIFC have emerged as key operational centers for firms seeking to provide specialized financial and legal services to the United Arab Emirates and beyond.

www.akingump.com


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