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Virgin Islands Man Indicted on Child Porn Charges
Breaking Legal News | 2007/02/16 14:03

WASHINGTON – A federal grand jury in the District of the Virgin Islands returned an indictment charging a St. Thomas man with five counts of child pornography, Assistant Attorney General Alice S. Fisher of the Criminal Division and U.S. Attorney Anthony J. Jenkins for the District of the Virgin Islands announced today.

Bradley Douglas Highbarger is charged with two counts of receiving child pornography, two counts of possessing child pornography, and one count of attempting to distribute child pornography. If convicted on all of the charges, the defendant faces a mandatory minimum sentence of five years and a maximum sentence of 20 years with a $250,000 fine and the possibility of lifetime supervised release.

On July 20, 2006, investigators initially executed two search warrants on Highbarger’s residence and computer to investigate suspected crimes involving passport fraud and controlled substances. During the review of the computer evidence, investigators also uncovered still pictures and video depicting child pornography. In or about July 2006, the defendant used peer-to-peer file sharing software to download and then possess child pornography. The defendant also configured the software to allow further distribution of the child pornography to any and all users of the peer-to-peer software program around the world.

The defendant was arrested and detained on the drug and passport fraud offenses on July 20, 2006, and has since been detained in federal custody.

The case is being prosecuted by Trial Attorney Kayla Bakshi of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney St. Clair Theodore of the U.S. Attorney’s office for the District of the Virgin Islands. This case is being investigated by multiple law enforcement agencies including the Immigration and Customs Enforcement Agency, Diplomatic Security Service of the U.S. Department of State, and the Postal Inspection Service.

The charges contained in this indictment are allegations only and the defendant is presumed innocent until convicted at trial.

This case is being brought as part of Project Safe Childhood. In February 2006, Attorney General Alberto R. Gonzales created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.



Former Google Exec Founds Xooxle for Law Firms
Breaking Legal News | 2007/02/09 09:43
Washington, DC -- XooxleAnswers (pronounced 'zooks-il-answers') is a new research service with a strong capability for providing backup legal research for lawyers and firms whose own staffs are stretched thin, and for clients looking to cut back on the cost of legal work.

XooxleAnswers was started by former Google Answers researcher David Sarokin, an expert at internet-based research with a strong technical and legal background. "Before Google Answers was recently retired, we fielded hundreds of questions on all major aspects of legal work," said Sarokin. "With the start-up of XooxleAnswers, we look forward to continuing that tradition of providing expert quality research, at very affordable prices."

XooxleAnswers covers a broad range of legal topics, including:

  • patents and prior art
  • business background, competitive intelligence, and due diligence
  • missing persons, criminal records, personal background checks
  • trademark, copyright (traditional and digital), and other intellectual property research
  • slander, libel, defamation cases
  • constitutional law
  • landlord-tenant disputes
  • criminal law
  • environmental regulation
  • malpractice case law
  • international law
With access to specialty legal databases such as Lexis-Nexis, PACER, Martindale, LII, and state and county electronic case filings (ECF) -- as well as hundreds of other data sources such as Factiva, Dialog, EBSCO, Dun and Bradstreet -- XooxleAnswers can quickly and expertly conduct research relevant to your specific needs.

"We also have an amazing capacity to track down obscure pieces of information," said Sarokin, "things like a hard-to-find newspaper article, confirming an old address, finding documented examples of 'prior art' technologies. When others can't find it, XooxleAnswers often can."

"The best way to see what we can do for your firm is to give us a try," said Sarokin. "There's no risk. Our work at XooxleAnswers is fully guaranteed. If our research does not meet your needs for any reason, we will continue working on it until it does, or refund your payment...whichever you prefer."

Visit the XooxleAnswers website to inquire about our services, and to see examples of some of our legal research work.

XooxleAnswers


Bizarre Legal Twist in Anna Nicole Custody Case
Breaking Legal News | 2007/02/09 09:00
A bizarre twist in the bizarre life of Anna Nicole Smith was revealed today with a lawyer for the former Playmate's boyfriend seeking to have her body DNA tested before the family can claim it. Smith died suddenly on Thursday, aged 39.

Debra Opri represents photographer Larry Birkenhead, who claims paternity of Anna Nicole's four-month old baby Dannielynn.

Opri told Fox News: "Now it's time to put up or shut up," Opri said. "This is despicable what's been happening, and it's got to end. Anna Nicole Smith is dead at the age of 39 because of a lifestyle. I do not want that child anywhere near [Smith's partner] Howard K. Stern, and that's all I'm going to say about it."

It is anticipated that a paternity hearing set down for Friday would proceed. The battle, one of several for Anna Nicole Smith, who has been named in a class action weight loss lawsuit also, started after the baby was born in September.


Anna Nicole Legal Battle: What will happen?
Breaking Legal News | 2007/02/09 08:54

Continually in the tabloids, actress and model Anna Nicole Smith continues to make headlines after her death, as her legal disputes remain undecided and U.S. authorities probe the cause of her sudden death.

Authorities said she was rushed to hospital on Thursday afternoon after a private nurse found her unconscious and unresponsive at the Seminole Hard Rock Cafe Hotel and Casino in Hollywood, Fla. Smith, the 39-year-old former Playboy model, died Thursday.

Deputy Police Chief Michael Browne said Friday that officials have interviewed everyone connected to the death and no one was under suspicion."Nothing about this death seems suspicious. We're not treating it that way," Browne said. "We're being very thorough. We're going to look at everything."

The medical examiner's office also said it began conducting an autopsy on Friday morning. Dr. Joshua Perper, who was scheduled to perform the autopsy, had said Thursday that if Smith died of natural causes, the findings would likely be released quickly. However, definitive results could take weeks, he added.

Legal Issues

Smith had been embroiled in several legal disputes prior to her death, including a paternity suit over her five-month-old daughter.

Attorney Howard K. Stern, Smith's most recent partner, is listed as the baby's father on the birth certificate. However, her former boyfriend Larry Birkhead has claimed to be the infant's biological father.

An emergency court hearing into the paternity suit was scheduled for Friday in Los Angeles.

Just last week, Smith had been included in a class-action lawsuit against TrimSpa, which produces a weight-loss pill for which she served as spokesperson. The suit alleges the marketing of the weight-loss supplement was false and misleading.

Most prominently, however, Smith — a former Playboy covergirl, playmate of the year and Guess model — was involved in a decade-long battle over the fortune of her former husband, J. Howard Marshall.

The Houston-born Smith, a former topless dancer, was notorious for her relationship with the 89-year-old oil tycoon after meeting him at a Texas strip club. They had been married for 14 months when he died in 1995.

A federal court in California initially awarded Smith $474 million US, but the decision was later overturned. However, in May 2006, the U.S. Supreme Court ruled that she could continue her fight for the Marshall fortune.



CNN Drops Story on Billion Dollar Contracting Scandal
Breaking Legal News | 2007/02/07 10:53


PETALUMA, Calif., Feb. 7, 2007 -- Primetime news program Lou Dobbs Tonight dropped an investigative story exposing the diversion of billions of dollars in federal small-business set-aside contracts to some of the nation's largest corporations and defense contractors just hours before the segment was to air on CNN.

As part of Dobb's series, "The Attack on the Middle Class,"
the show's producers spent several weeks researching and filming the segment featuring Lloyd Chapman, contracting expert and president of the American Small Business League. During his interview with CNN, Chapman discussed a series of 13 federal investigations by the Government Accountability Office, Small Business Administration Office of Advocacy and the SBA Office of Inspector General that found billions of dollars in federal small business contracts were diverted to Fortune 500 corporations. The Bush Administration reported these contracts - awarded to firms like L3-Communications, General Dynamics, Halliburton and major CNN advertisers Boeing and Lockheed - as "small business" awards.

CNN producers told Chapman that the segment had been pulled
in the wake of more pressing news stories but assured him
that it would air shortly. After three months of waiting, Chapman has concluded that the station abruptly pulled the story to avoid embarrassing its major advertisers and has no intention of ever airing the segment.

"CNN is never going to run that story," said Chapman. "I think they pulled it because it was unflattering to its major advertisers, Lockheed Martin and Boeing. CNN's
reputation as the most trusted name in news obviously doesn't apply when you're talking about its advertisers."

Chapman points to a story featured on the highly rated blog
The Daily Kos, "Advertising as Payola: Who really owns CNN," that also suggests firms like Lockheed and Boeing, who have no products to sell to the general public, advertise on major networks to gain influence over the media outlet.

The latest government figures report Boeing with 37 federal small business awards, totaling $495,319,668. Lockheed Martin received $223,210,917 in federal small business awards and Fortune 500 defense contractor L-3 Communications was the top recipient of small business contracts with $650,143,831. The ASBL projects that up to $65 billion a year in federal small business contracts are diverted to the top two percent of firms in the US.

For more information about the American Small Business
League, see http://www.asbl.com.



3 Vetco Subsidiaries Plead Guilty to Bribery
Breaking Legal News | 2007/02/06 13:01

WASHINGTON – Vetco Gray Controls Inc., Vetco Gray Controls Ltd., and Vetco Gray UK Ltd., wholly owned subsidiaries of Vetco International Ltd., have pleaded guilty to violating the anti-bribery provisions of the Foreign Corrupt Practices Act, or FCPA, Deputy Attorney General Paul J. McNulty announced today.

At a hearing today before U.S. District Judge Lynn N. Hughes in the Southern District of Texas, the companies pleaded guilty to violations of the anti-bribery provisions of the FCPA, as well as conspiracy to violate the FCPA. Additionally, Aibel Group Ltd., another wholly owned subsidiary of Vetco International, simultaneously entered into a deferred prosecution agreement with the Justice Department regarding the same underlying conduct. As part of the plea and deferred prosecution agreements, it was agreed that Vetco Gray Controls Inc., Vetco Gray Controls Ltd., and Vetco Gray UK Ltd. would pay criminal fines of $6 million, $8 million, and $12 million, respectively, for a total of $26 million. This total fine amount represents the largest criminal fine to date in a FCPA prosecution by the Justice Department.

In the charging and plea documents, Vetco Gray Controls Inc., Vetco Gray Controls Ltd., and Vetco Gray UK Ltd. admitted that they violated and conspired to violate the FCPA in connection with the payment of approximately $2.1 million in corrupt payments over approximately a two-year period to Nigerian government officials. These corrupt payments were paid through a major international freight forwarding and customs clearance company to employees of the Nigerian Customs Service, and coordinated largely through Vetco Gray Controls Inc.'s offices in Houston. Additionally, Aibel Group Ltd. agreed in its deferred prosecution agreement to accept responsibility for similar conduct by its employees.

As the charging and plea documents reflect, beginning in February 2001, Vetco Gray UK began providing engineering and procurement services and subsea construction equipment for Nigeria's first deepwater oil drilling project, the Bonga Project. Several Vetco Gray UK affiliates, including Aibel Group Ltd., Vetco Gray Controls Inc., and Vetco Gray Controls Ltd., supplied Vetco Gray UK with employees and manufacturing equipment for the project. From at least September 2002 to at least April 2005, each of the defendants engaged the services of a major international freight forwarding and customs clearing company and, collectively, authorized that agent to make at least 378 corrupt payments totaling approximately $2.1 million to Nigerian Customs Service officials to induce those officials to provide the defendants with preferential treatment during the customs process.

“This case represents the largest criminal penalty the Department of Justice has ever sought in a Foreign Corrupt Practices case and confirms our commitment to root out corruption,” said Deputy Attorney General McNulty. “The Department of Justice will continue its efforts to assure a level playing field for businesses operating abroad.”

This is the second time since July 2004 Vetco Gray UK has pled guilty to violating the FCPA. On July 6, 2004, Vetco Gray UK, previously named ABB Vetco Gray UK Ltd., and an affiliated company pleaded guilty to violating the antibribery provision of the FCPA in connection with the payment of more than $1 million in bribes to officials of NAPIMS, a Nigerian government agency that evaluates and approves potential bidders for contract work on oil exploration projects. ABB Vetco Gray UK Ltd. was renamed Vetco Gray UK Ltd. following an acquisition by a group of private equity entities of the upstream oil and gas businesses and assets of its parent corporation, ABB Handels-und Verwaltungs AG (“ABB”). The July 12, 2004 acquisition included the sale of Vetco Gray UK and the predecessors to the two other Vetco International subsidiaries that pleaded guilty today. In anticipation of the July 12, 2004 acquisition, the private equity acquirers requested and the Justice Department issued an FCPA Opinion Release (No. 2004-02) ( http://www.usdoj.gov/criminal/fraud/fcpa/o0402.htm). The Opinion Release required the acquirers to effectively institute and implement a compliance system, internal controls, training, and other procedures sufficient to have deterred and detected violations of the FCPA, among other obligations. The corrupt payments underlying today’s guilty pleas continued unabated from the period prior to the acquisition until at least mid-2005, notwithstanding the acquirer’s commitments to the Justice Department under the Opinion Release. The sale to new owners, the prior directives issued by the Department of Justice, and Vetco Gray UK’s prior FCPA conviction were all taken into account under the U.S. Sentencing Guidelines in calculating the $12 million criminal fine against Vetco Gray UK Ltd.

The resolution of the criminal investigation of Vetco International and its subsidiaries resulted, in large part, from the actions of Vetco International in voluntarily disclosing the matter to the Justice Department and Vetco International’s subsidiaries’ agreement to take significant remedial steps. In addition to the criminal fines, the plea agreements also require the defendants to: (1) hire an independent monitor to oversee the creation and maintenance of a robust compliance program; (2) undertake and complete an investigation of the companies’ conduct in various other countries as originally required under FCPA Opinion Release No. 2004-02; and (3) ensure that in the event that any of the companies are sold, the sale shall bind any future purchaser to the monitoring and investigating obligations.



US re-charging Guantanamo detainees
Breaking Legal News | 2007/02/03 06:16

The US military announced Friday it has drafted new charges against three high-profile Guantanamo Bay detainees. Col. Morris Davis (USAF), chief prosecutor for the Department of Defense Office of Military Commissions, said that the new charges against Australian David Hicks, Canadian Omar Khadr, and Yemeni Salim Ahmed Hamdan included murder, attempted murder, conspiracy and providing material support for terrorists under the Military Commissions Act of 2006 (MCA). The original charges against the three had to be dropped after the US Supreme Court ruled the original military commissions system established by President Bush unconstitutional without Congressional authorization.

The new charges will not be considered formal until they are approved, which Davis said is expected to take an additional two weeks. With regard to Hicks, who faces charges for attempted murder, Davis told the Melbourne Age that he did not intend to "argue for the maximum penalty of a life sentence". AP has more. The Age has local coverage from Australia on the Hicks charges. The Toronto Globe & Mail has local coverage on the charges against Omar Khadr.



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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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