Karim Koubriti, a Moroccan national, was convicted in 2003 of document fraud and conspiracy to aid terrorists after he and three others were accused of establishing a terrorist "sleeper cell" in Detroit. The convictions were later overturned after the US Department of Justice agreed that federal prosecutors were not forthcoming with evidence which would have benefited Koubriti and his co-defendants. Today a federal judge has ruled that Koubriti can sue a county in Detroit for alleged abuse while he was in jail.

Koubriti has alleged that he was unnecessarily strip searched, denied exercise, and isolated for 23 hours a day during his three years in the Wayne County, Michigan jail. US District Judge Bernard Friedman rejected the county's bid to dismiss Koubriti's lawsuit last week but no trial date has yet been scheduled. Meanwhile, the US government is working to retry Koubriti on insurance fraud charges.

President Bush will deliver a much-anticipated address to the nation Wednesday night on his new strategy for the war in Iraq. Media reports say the president is expected to announce an increase of as many as 20,000 U.S. troops in Iraq. New Democratic leaders in Congress have already criticized the idea of a surge in forces, saying they do not believe that adding combat troops will contribute to success.

Also Monday, White House officials say President Bush will nominate U.S. Ambassador to Iraq Zalmay Khalilzad to be Washington's representative to the United Nations. White House spokesman Tony Snow says U.S. Ambassador to Pakistan Ryan Crocker will replace Khalilzad in Iraq. Snow says an official announcement is expected from the State Department later today.

If confirmed by the U.S. Senate, Khalilzad would replace John Bolton. Before taking the position in Iraq, Khalilzad served as Ambassador to Afghanistan from November 2003 to June 2005. During that time, he also served as the special presidential envoy to Afghanistan. A report today in The New York Times says Mr. Bush's new Iraq strategy will set a series of goals for the Iraqi government to meet.

The newspaper says the U.S. "benchmarks" will call for Iraqi leaders to draw more Sunni Muslims into the political process and ease restrictions on members of the formerly ruling Baath Party.

Texas-based SCCI Health Services Corporation (SCCI) and its subsidiary, SCCI Hospital Ventures Inc., have paid the United States $7.5 million to settle allegations that the companies violated the Stark self-referral statute and the False Claims Act, the Justice Department announced today. SCCI, which was purchased by Triumph Hospital in 2005, operates long term acute care facilities across the United States.

The government complaint alleged that from November 1996 through at least 1999, SCCI entered into prohibited financial relationships with three physicians and paid these physicians illegal payments in violation of the Stark statute. The government further alleged that from November 1996 through at least 1999, SCCI either submitted or caused false claims to be submitted to the Medicare program, as a result of these prohibited financial relationships, in violation of the False Claims Act.

The Justice Department is committed to investigating cases that threaten the integrity of the Medicare program, especially when providers fail to abide by federal laws prohibiting the referral of Medicare patients in exchange for a fee, said Assistant Attorney General Peter D. Keisler.

The settlement resolves a civil case filed on behalf of the government on April 1, 1999 by former employees and an independent contractor who worked for SCCI Houston. Daryl Kaczymarczyk, Patricia Rocha, Michelle Pate, Michael Brigle and Theresa Taylor filed the case under the qui tam or whistleblower provisions of the False Claims Act, which authorize private parties to file lawsuits on behalf of the United States. On Oct. 2, 2002, the government intervened in the Stark Act claims as to the three physicians. The United States filed its complaint in the case on March 10, 2003. Of the total settlement amount, $1 million resolves additional allegations as to which the government did not intervene. As a result of the settlement, the five whistleblowers shared $1.7 million.

The Justice Department and the United States Attorney's Office are committed to preventing and punishing improper financial relationships between physicians and hospitals. Such relationships have great potential to adversely impact the physician's judgment and result in Medicare funds being spent on unnecessary and expensive hospital stays, said Donald J. DeGabrielle Jr., United States Attorney for the Southern District of Texas.

The case was handled by the Justice Department's Civil Division and the U.S. Attorney's Office for the Southern District of Texas, with the assistance of the Federal Bureau of Investigation.

For more than three decades, Mr. Leonard has been a distinguished practitioner in the small circle of federal tax policy advocates. He served as chief counsel and staff director of the U.S. House of Representatives Committee on Ways and Means from 1987 to 1993, as chief majority tax counsel of the Committee from 1981 to 1986, and as majority tax counsel from 1974 to 1980. During his 20+-year tenure on Capitol Hill, he was involved in all major tax and trade legislation considered by Congress. Since leaving the government, Mr. Leonard has represented major manufacturers, financial services companies and many other clients on a wide variety of policy matters.

Mr. Leonard received his B.A. from the University of Pennsylvania and his J.D. from Vanderbilt Law School. He received his M.B.A. from the Wharton School of the University of Pennsylvania.

Joining Mr. Leonard as senior policy counsel is Jayne T. Fitzgerald. Ms. Fitzgerald served as tax counsel on the Committee on Ways and Means from 1980 to 1985 and from 1992 to 1995 before moving to the private sector. She has extensive experience representing clients on tax, trade, pension and health matters before Congress and federal agencies. She received her B.A. summa cum laude and her J.D. magna cum laude from Georgetown University, where she was a member of Phi Beta Kappa.

Joel Jankowsky, chair of Akin Gump’s policy and regulatory practice, commented, “Without a doubt, Rob is one of the best-known and most highly regarded tax policy advocates in Washington. His long-time relationships with the chairmen and members of the House and Senate Committees who craft tax law – relationships that have been built on their recognition of the quality of his work – are of critical competitive importance to our ability to serve our clients.”

Akin Gump’s tax policy practice is anchored by former Commissioner of the Internal Revenue Service Donald C. Alexander, and includes Jeff McMillen, the former staff director of the House Ways and Means Committee's Subcommittee on Select Revenue Measures, who served under Committee Chairman Bill Thomas (R-CA) and Subcommittee Chairman Jim McCrery (R-LA).

Mr. Leonard stated, “Akin Gump’s policy practice is one of the most prominent and diverse in the world. I have long respected the firm’s progressive approach to policy issues and client service. I am pleased to join a team of friends whom I respect and have worked with for many years.”

Mr. Jankowsky added, “We believe that Rob and Jayne will significantly enhance our bipartisan tax policy capability. We are very pleased to welcome them to Akin Gump.”

Akin Gump’s 50-member policy department – one of the largest and most diverse policy groups of any major law firm in the world – advises major corporations, coalitions of companies and trade associations, as well as nonprofit organizations, municipal governments, Native American tribes and foreign governments.

Founded in 1945, Akin Gump Strauss Hauer & Feld LLP, a leading international law firm, numbers more than 900 lawyers with offices in Austin, Beijing, Dallas, Dubai, Houston, London, Los Angeles, Moscow, New York, Philadelphia, San Antonio, San Francisco, Silicon Valley, Taipei and Washington. The firm has a diversified practice and represents regional, national and international clients in a wide range of areas, including antitrust; appellate; banking and finance; capital markets; communications and information technology; corporate and securities; corporate governance; employee benefits; energy; entertainment and media; environmental; estate planning, wealth transfer and probate; financial restructuring; global security; government contracts; health; insurance; intellectual property; international trade; investment funds; labor and employment; land use; litigation; mergers and acquisitions; private equity; privatization; project development and finance; public law and policy; real estate development and finance; Russia/CIS; tax; and technology.

www.akingump.com

Blair's condemnation - delivered by his official spokesman and not by the great leader himself - came after he was roundly criticised for staying silent on the way Saddam was taunted and degraded before being hanged.

Blair's official spokesman said on Sunday that the execution was "completely wrong". He added that the hanging, which mobile phone footage showed was preceded by Saddam being taunted, "shouldn't have happened in that way".

Blair's condemnation, even if at second hand, came just hours after his chief political rival and anticipated successor as prime minister, Gordon Brown, said the events around Saddam's hanging were "deplorable" and "unacceptable". Blair has promised he will speak next week - in person - about the grisly events in Baghdad on December 30.

Blair had not officially vouchsafed an opinion on Saddam's hanging till now even though President Bush, Egyptian president Hosni Mumbarak and almost the entire British cabinet, starting with deputy prime minister John Prescott and foreign secretary Margaret Beckett have condemned it. Mubarak called the events around the execution "barbaric".

The prime minister's critics have questioned the extraordinary silence of a leader who has so far been quick to speak out about the deaths of footballers, pop stars, film actors, royal princesses and indeed any subject under the sun.

Liberal Democrat leader Menzies Campbell criticised Blair for not commenting, so far: "The prime minister's continuing silence is deafening. His unwillingness to condemn the shameful scenes surrounding Saddam Hussein's execution does him no credit."

Observers said Blair's refusal to discuss Saddam's controversial execution indicated how profoundly uncomfortable he was with the subject. Blair and much of Britain are totally opposed to capital punishment. Despite that, the UK has continued to insist the Iraqi authorities were justified in dealing with Saddam in any way they want.

On Sunday, Downing Street returned to the theme of crime and punishment by insisting that Saddam's crimes and the deaths of Iraqis at his hands should not be forgotten. Declining to confirm precisely when Blair would make his comments on Saddam's hanging, a spokesperson said, "In terms of what he will say next week, we don't think there are going to be any surprises on where he stands. He supports the inquiry by the Iraqi authorities. He does believe that the manner of execution was completely wrong, but this shouldn't lead us to forget the crimes that Saddam committed, including the death of hundreds of thousands of Iraqis."

Blair, who was on holiday in Miami when the hanging was carried out, has only said so far that he is in favour of an Iraqi inquiry into leaked video footage of Saddam's death.

US and Iraqi officials disagreed strongly over legal procedures and interpretations in the run-up to the December 30 hanging of Saddam Hussein, the New York Times reported Sunday. Disagreements were reported very soon after the hanging, but the latest revelations provides new insight into their extent and severity. In the face of Iraqi insistence on their right to execute the former Iraqi president in the wake of the rejection of his final appeal several days previous, American officials repeatedly counseled caution and the importance of adhering to demonstrated process, citing a requirement under the Iraqi constitution for the three-person Iraqi presidency to sign off on the execution and problems potentially associated carrying out the execution on Eid, contrary to Iraqi law. A US official told the Times that local American military and civilian leaders were also concerned about the message a rushed execution would send to the international community, essentially telling the Iraqis, "You have to do it by international law, you have to do it in accordance with international standards of decorum, you have to establish yourselves as a nation under law."

Iraqi officials responded by saying that the US-drafted governing statute of the Iraqi High Tribunal did not require any sign-off, and that the Iraqi law banning Eid executions had been suspended by the US under the Coalition Provisional Authority in 2003 not restored when the Iraqi parliament revived the death penalty afterwards. Discussions became heated before US Ambassador to Iraq Zalmay Khalilzad asked Iraq Prime Minister Nouri al-Maliki one last time late Friday night to stop the execution. He refused, and Midhat al-Mahmoud, the chief judge of Iraq's Supreme Judicial Council, also declined to provide a written ruling authorizing the hanging as sought by the US. American suggestions that foreign journalists and UN observers witness the execution in the hopes of preventing its downward spiral into the revenge killing that was eventually captured in a grainy unofficial cell phone video were similarly rejected.

The Times quoted an unnamed American official as saying "It literally came down to the Iraqis interpreting their law, and our looking at their law and interpreting it differently...Finally, it was decided we are not the court of last appeal for Iraqi law here. The president of their country says it meets their procedures. We are not going to be their legal nannies.”

Smith, Shaw & Maddox, a more than century-old law firm practicing in Rome and Cedartown, announced last week a plan to restructure the company and change its name.

Effective immediately, the firm will practice under the name McRae, Stegall, Peek, Harman, Smith & Manning LLP — named after the current senior partners.

Founded in 1899, the firm had operated for many years under the names of former longtime firm principals Oscar Smith, Charles Shaw and J.D. Maddox.

In addition to the name change, the firm has added two new full-time attorneys and taken on one of its former attorneys as counsel to the firm.

After years of affiliation with Zartic, Jackson Baldwin Harris is back working as counsel with the law firm.

“Jack Harris is a talented attorney who has had a unique career experience for our region,” said Jo H. Stegall III, partner in the firm.

Harris practiced with Smith, Shaw & Maddox for 12 years and held a partnership in it for the last seven, until he resigned in September 1990 to become general counsel at Zartic.

He served the meat processing company for more than 16 years as general counsel, chief operating officer and management counsel. Harris is also owner and CEO of Westward Professional Management LLC, a specialty practice management consulting firm.

Harris is a Rome native and graduate of Darlington School, University of Georgia and the University of Georgia School of Law. He also has a long resume of community service in Rome. He and his wife, Shields, have three grown children and reside in Rome.

The firm also announced the addition of two associate attorneys who are Rome natives and recent law school graduates.

W. Jordan Knight earned his Juris Doctor in May 2006 from the Cumberland School of Law at Samford University. He is a member of the State Bar of Georgia and specializes in real estate, corporate law and civil litigation. He and his wife Ann live in Rome.

Emily Smith earned her Juris Doctor in May 2006 from Regent University in Virginia. She is a member of the State Bar of Georgia and Blackstone Legal Fellow. Her practice areas include civil litigation, constitutional law, municipal and government law, domestic law and employment law.

http://www.smithshaw.com