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First Guilty Plea In HP Boardroom Leak Case
Court Watch | 2007/01/12 11:34

A former Hewlett-Packard Co. private investigator pleaded guilty to posing as a reporter and company directors to get telephone records for an internal probe of boardroom leaks.

Bryan Wagner, 29, of Littleton, Colorado, admitted identification theft and conspiracy today before U.S. District Judge Jeremy Fogel in San Jose, California. Wagner's lawyer said his client didn't know he was working for the company and was assured his actions were legal. Wagner agreed to assist the U.S. in its investigation of the leak probe at Hewlett-Packard, the world's largest personal-computer maker.

``Its kind of a one-way street,'' Fogel said of Wagner's cooperation agreement. ``You are making a promise to the government. The government is not promising they will make a recommendation of leniency.''

Disclosure of Palo Alto, California-based Hewlett-Packard's probe led to the resignations of former Chairman Patricia Dunn, General Counsel Ann Baskins and three other executives. Wagner's defense lawyer, Stephen Naratil, said his client has been cooperating with prosecutors. Wagner faces as much as seven years in prison at his sentencing on June 20.

Wagner and two other private detectives, Ronald DeLia and Matthew Depante, were accused of faking identifications, a technique known as pretexting, to get phone records of board members and journalists.



Law challenged by teacher accused of filming students
Court Watch | 2007/01/12 00:01

DALLAS A Texas high school teacher is accused of videotaping a girls wrestling match for his sexual enjoyment. Attorneys for 28-year-old David Ware, a first-year speech and drama teacher in suburban Dallas, says he'll himself in to Grand Prairie police. Ware is facing charges of improper visual recording.

Police say Ware captured about two hours of video at an all-day wrestling tournament Saturday, often zooming in on the crotches of female wrestlers. Ware is also a softball coach at Garland Lakeview Centennial High School, which did not have a team competing at the tournament. He's now on paid leave. Defense attorney Scott Palmer says Ware was simply interested in wrestling. Under Texas law, videotaping a person without their consent for sexual arousal is a state jail felony. Conviction carries a penalty of up to two years in prison and a ten-thousand-dollar fine.


UN chief urges closure of Guantanamo prison
Human Rights | 2007/01/11 23:58

United Nations Secretary-General Ban Ki-moon said Thursday that the United States should close the prison at Guantanamo Bay, where suspected terrorists were held and abuses reported. Ban made the remarks at his first formal press conference since taking office as the UN chief on Jan. 1. "I understand that today is the fifth anniversary of Guantanamo's prison," Ban said. "Like my predecessor, I believe that prison at Guantanamo should be closed." The previous secretary-general, Kofi Annan, urged Washington last February to shut down the facility in Guantanamo as soon as possible.

The United States opened the detention facility at its naval base in Guantanamo in January 2002 to hold terror suspects and Taliban members mainly captured during the U.S.-led war in Afghanistan. About 395 prisoners are still held there.



Guantanamo prison draws protests worldwide
International | 2007/01/11 16:55
Protests against the US military prison for terror suspects at Guantanamo Bay Cuba continued Thursday as the facility marked its fifth anniversary. In Cuba itself, peace activists, including former detainee Asif Iqbal, and Gold Star Families for Peace founder Cindy Sheehan marched from Guantanamo city to the location of the US camp to demonstrate against its existence. AP has more. Meanwhile new United Nations Secretary General Ban Ki-moon also called for the closure of the facility. Ban follows in the footsteps of his predecessor Kofi Annan, who had also called for the camp's shutdown. Ban will reiterate his call when meeting with President Bush next week.


Cisco Sues Apple Over Use of iPhone Name
Patent Law | 2007/01/11 14:32



Cisco filed a lawsuit against Apple, Inc. on Wednesday in federal court, requesting injunctive relief from Apple's use of the name "iPhone," to which Cisco has held the trademark since 2000. Apple CEO Steve Jobs unveiled Apple's iPhone at a San Francisco tradeshow on Tuesday, despite not having agreed to the terms proposed by Cisco for use of the name "iPhone." The two companies had been negotiating terms of the deal for several years, and were close to agreeing on terms as late as Tuesday, hours before Jobs made the announcement. A spokesperson for Apple noted that Cisco's iPhone does not use a cellular network, as planned for Apple's iPhone, but rather uses the Skype internet phone service, thus making the Apple iPhone materially different and not subject to Cisco's trademark. Jobs also announced Tuesday that Apple Computer has changed their name to Apple, Inc.

Last May, then-named Apple Computer succeeded in a UK lawsuit brought by Apple Corps, the record label owned by the Beatles and their families, which ruled that Apple Computer did not breach a 1991 trademark agreement with Apple Corps when the computer company began promoting music products.



Luis Posada Carriles Indicted on Criminal Charges
Breaking Legal News | 2007/01/11 14:30

WASHINGTON— A federal grand jury in the Western District of Texas has returned a seven-count indictment charging Luis Posada Carriles with one count of naturalization fraud and six counts of making false statements in a naturalization proceeding, the Department of Justice announced today.

The indictment alleges that Posada, 78, a native of Cuba, knowingly attempted to obtain naturalization as a U.S. citizen unlawfully by making false statements on his application for naturalization on or about Sept. 10, 2005. The indictment also alleges that he knowingly made false statements under oath during his naturalization interview with Department of Homeland Security (DHS) officials on April 25 and 26, 2006.

In his naturalization interview, Posada allegedly made several false statements regarding his March 2005 entry into the United States, including statements about the transportation routes and methods used, as well as individuals who accompanied him. For example, he stated that he traveled from Honduras through Belize and entered the United States over land near Matamoros, Mexico, and Brownsville, Texas, with the assistance of an unidentified alien smuggler. In fact, Posada entered the United States by sea aboard the motor vessel “Santrina” accompanied by four individuals, the indictment alleges.

Posada further stated in his naturalization interview that he had never had any type of documentation, passport or identification from the Republic of Guatemala, when, in fact, he had a fraudulent passport issued by that nation bearing his photograph in the name of “Manuel Enrique Castillo Lopez,” the indictment alleges.

Posada is currently detained by DHS’s U.S. Immigration and Customs Enforcement on administrative immigration violations. His initial court appearance in connection with the criminal charges is expected to take place early next week before a U.S. magistrate judge in the Western District of Texas.

If convicted, the defendant faces a maximum sentence of ten years imprisonment for the naturalization fraud count and five years imprisonment for each of the false statement counts.

This case was investigated by ICE. The prosecution is being handled by David B. Deitch and Paul Ahern, Trial Attorneys with the Justice Department’s National Security Division.

The federal investigation of Posada continues.



Thirteen MS-13 Members Indicted for Conspiracy
Breaking Legal News | 2007/01/11 14:29

WASHINGTON – Thirteen alleged members of the street gang called La Mara Salvatrucha, or MS-13, have been indicted by a federal grand jury in the Middle District of Tennessee on charges that they conspired to participate in a violent RICO enterprise responsible for killings and other violent crimes in Nashville, Assistant Attorney General Alice S. Fisher of the Criminal Division and U.S. Attorney Craig S. Morford for the Middle District of Tennessee announced today. The one-count racketeering indictment names the following 13 individuals, all of whom are currently in federal or state custody:

OSCAR SERRANO, a/k/a “Diablin”

ESCOLASTICO SERRANO, a/k/a “Chito”

OMAR HIRBIN GOMEZ, a/k/a “Lil Homie”

DAVID ALEXANDER GONZALEZ, a/k/a “Psycho”

ERNESTO ISAI MENDEZ-TOVAR, a/k/a “Joker,” a/k/a “Choey”

FRANCISCO DAGO MENDEZ, a/k/a “Silent” WALTER HERNANDEZ, a/k/a “Spanky”

HENRY GARBALLO-VASQUEZ, a/k/a “Cuervo”

ELISEO IGLESIAS, a/k/a “Smokey”

RONALD FUENTES, a/k/a “Spia”

ERICKA CORTEZ, a/k/a “Shorty”

GEOVANNI PENA, a/k/a “Rata,” and

JOSE ALFARO, a/k/a “Liche.”

“This indictment strikes at the heart of the MS-13 organization in Nashville, and continues our efforts to put members of gangs all across the nation on notice that they will be held responsible for the violence and mayhem they cause,” said Assistant Attorney General Fisher. “We will utilize the same tools we used to put Mafia leaders behind prison bars to confront the threat posed by violent criminal enterprises like the MS-13.”

“The facts alleged in this indictment reveal that MS-13 is a well-organized and extremely violent criminal enterprise that required an aggressive, cooperative response from local and federal authorities,” said U.S. Attorney Morford. “The indictment reflects the commitment of the Department of Justice and my office to continue to work with all law enforcement partners to ensure that those who engage in violent street gang activities in Middle Tennessee go to jail and do so on the most serious charges possible.”

U.S. Attorney Morford praised the cooperative partnership and outstanding efforts of the Nashville Metropolitan Police Department’s Gang Suppression Unit, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Immigration and Customs Enforcement (ICE) at the Department of Homeland Security, the Davidson County District Attorney General’s Office, the U.S. Attorney’s Office in the Middle District of Tennessee, and the Department of Justice’s newly formed National Gang Squad.

The indictment alleges that the defendants were members or associates of the MS-13 street gang, a violent international criminal organization composed primarily of immigrants or descendants of immigrants from El Salvador. The purpose of this enterprise was to preserve and protect the power, territory and profits of the MS-13 enterprise through violent assault, murder, threats of violence, and intimidation.

The indictment further alleges that MS-13 originated in Los Angeles and quickly spread across the country, including to Middle Tennessee. It currently includes approximately 10,000 members in at least 10 states, Mexico, Honduras and El Salvador, making it one of the largest street gangs in the United States.

MS-13 gang members regularly engage in violent criminal activity, including murders, assaults, and witness intimidation in order to maintain membership and discipline within MS-13 and rivalries against other gangs, according to the indictment. The violent nature of the enterprise and its members is reflected by one of their mottos: “Mata, Viola, Controla” (“Kill, Rape, Control”).

The indictment further alleges that MS-13 was organized in “cliques,” including the Thompson Place Locos Salvatruchos clique (TPLS), which operated in Nashville. The TPLS and other cliques allegedly worked together cooperatively to commit acts of violence and their members operated under the umbrella rules of MS-13.

According to the indictment, MS-13 members met on a regular basis to report on acts of violence committed by their members with the goal of inciting and encouraging even more violence. Leaders of MS-13 cliques from across the United States allegedly met to discuss gang rules, gang business, problem resolution, and issues involving members of different cliques, and to promote overall unity between MS-13 gang members. Members had to pay dues which were used to support MS-13 gang members imprisoned in various places within the United States, including Middle Tennessee, as well as those in El Salvador.

The indictment further alleges that Nashville-based MS-13 members and associates killed three people, attempted to kill at least seven others, and plotted to shoot or kill several more during 2006 in Nashville.

If convicted, the defendants face a maximum penalty of life in prison on the RICO conspiracy charge.

An indictment is merely an accusation and the defendants are presumed innocent until proven guilty at trial beyond a reasonable doubt.



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