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Kickback Case: Retired Lawyer Sentenced
Court Watch |
2008/01/29 11:01
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A retired attorney who pleaded guilty in a lucrative kickback scheme involving class-action lawsuits against some of America's largest corporations was sentenced Monday to six months home detention and two years probation. Federal prosecutors have said 80-year-old Seymour Lazar was paid about $2.6 million to be a professional plaintiff and help the prestigious law firm now known as Milberg Weiss in its pursuit of the lawsuits. Authorities said the firm made an estimated $250 million over two decades by filing such legal actions. Seven people, including three former partners at the firm, have pleaded guilty in the case. Lazar was the first to be sentenced. He also was fined $600,000. U.S. District Judge John F. Walter said he was outraged that a former attorney could "flatly lie" as part of legal proceedings. The lack of respect for the legal system amounted to the "absolute height of arrogance," the judge said, adding that he would not have hesitated to send Lazar to prison if not for his age and deteriorating health. Lazar could have faced up to 18 years in federal prison. Wearing a dark blue suit with a knitted sweater draped across his shoulders, presumably for extra warmth, the frail-sounding Lazar said he understood Walter's concerns but felt he had already been punished for his wrongdoing. "I have been under investigation for seven or eight years and it has been seven or eight years of hard time," Lazar said. "That's all I can say." With the judge's consent, Lazar remained seated throughout the hearing. Lazar pleaded guilty in October to obstruction of justice, subscribing to a false tax return and making a false declaration to the court. Walter said he spent the weekend thinking about a suitable sentence for Lazar, worrying that a noncustodial term would send a message that wealthy defendants can buy their way out of confinement. But ultimately, Walter said Lazar's infirmity made him unsuitable for prison. Lazar thanked the judge after the sentencing. "Good luck to you," the judge replied. Lazar then left the courtroom and was greeted by members of his family. Lazar has already repaid $1.5 million of the money prosecutors said he was paid as part of the scheme. The law firm, previously known as Milberg Weiss Bershad & Schulman, paid $11.3 million in kickbacks to people who became plaintiffs in class-action lawsuits against companies such as AT&T Inc., Lucent, WorldCom, Microsoft Corp. and Prudential Insurance, prosecutors said. The tactic allowed the firm's attorneys to be among the first to file litigation and secure the lucrative position as lead plaintiffs' counsel, according to court documents. The firm dominated the industry in securities class-action lawsuits, which involve shareholders who claim they suffered losses because executives misled them about a company's financial condition. The three former partners who have pleaded guilty are William Lerach, Steven Schulman and David Bershad. Lerach's high-profile legal victories included a $7 billion judgment against now-defunct energy giant Enron Corp. He pleaded guilty as part of a deal to conspiracy to obstruct justice and make false statements. Schulman pleaded guilty to a racketeering conspiracy charge. He agreed to forfeit $1.85 million to the government and to pay a $250,000 fine. Bershad pleaded guilty to conspiracy and agreed to cooperate with the government. Firm co-founder Melvyn Weiss has pleaded not guilty to one count each of conspiracy, mail fraud, money laundering and obstruction of justice in a revised indictment. The Milberg Weiss firm itself has pleaded not guilty to two counts of conspiracy and one count each of obstruction of justice and making false statements. |
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U.S. Supreme Court to hear city man's case
Court Watch |
2008/01/28 03:41
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The U.S. Supreme Court has set a date to hear arguments in the Indianapolis case of a man who wants to be his own lawyer.
The justices will hear Ahmad Edwards' case March 26. In 2005, Edwards was convicted in Marion Superior Court of attempted murder and other charges in a 1999 lunch-hour shooting outside Circle Centre mall.
A judge ruled him competent to stand trial but said mental illness prevented him from being able to represent himself. Indiana courts overturned the conviction, and the Indiana attorney general's office asked the high court to take up the case.
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Advertiser sues Don Imus for unscripted comments
Court Watch |
2008/01/26 12:30
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Don Imus is being sued for more than $4 million by an advertiser on his former show who says the radio shock jock badmouthed the company and called its commercials for a book by the late President Gerald Ford "cheesy." Flatsigned Press Inc., a book publisher based in Nashville, Tenn., says Imus insulted the company last year in ads it paid for to promote a book by Ford on the Warren Commission's investigation into the 1963 assassination of President John F. Kennedy. On his "Imus in the Morning" show, the talker told WFAN listeners the publishers "have been waiting for (Ford) to croak so they can unload these (books)," the lawsuit claims. Besides calling the ad spots "cheesy," Imus said of Ford's death, "Now that he's flatLINED, you go to flatSIGNED.com," the lawsuit filed in Manhattan's state Supreme Court says. Marc Held, Flatsigned's lawyer, said Thursday that Ford approved the book and signed the copies Flatsigned was selling. Imus was told to read the script "word for word" and not insult the sponsor, "but he kept doing it," Held said. Flatsigned's sales dropped $40,000 a day for several months after Imus' "libelous and disparaging statements," court papers say. The papers also say stores refused to stock the book because of his comments. Flatsigned said it paid for two 30-second ad scripts a day for three days — Jan. 29, 30 and 31, 2007. Imus, 67, read the first script as written, court papers say, but in later readings of the script, he made "unequivocally unacceptable" remarks about the publisher, even after officials at CBS, WFAN's parent, asked him to stop. Karen Mateo, spokeswoman for CBS, said she had no comment on the lawsuit. Imus, fired from WFAN last year after making a racially charged remark about the Rutgers University women's basketball team, now has a syndicated show on New York's WABC, which is owned by Citadel Broadcasting Corp. A spokeswoman for Imus did not immediately return a call for comment, and his lawyer, Martin Garbus, was said to be traveling. At a point where Imus was supposed to say Ford hand-signed the books before he died, Imus asked, "How else would he sign them, with his foot?" the lawsuit says. During another ad spot, court papers say, Imus said, "Now that ol' President Ford has flatLINED, buy your piece of American history at FlatSIGNED.com." Court papers say Imus acknowledged, "They asked me not to say that, but ..." He then agreed with someone in the studio that the play on words was too tempting to pass up, the lawsuit says. Court papers say Flatsigned rejected an offer by CBS and WFAN in February 2007 to provide 15 "make good" commercial spots on other programs. The lawsuit asks for $4 million in compensatory damages for breach of contract, libel and malice, and for another $59,000 spent for a newspaper ad that ran after the commercials on Imus's show. |
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Child sex abuse lawsuit against priest can go forward
Court Watch |
2008/01/26 08:30
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A federal judge in Wilmington has rejected a motion to dismiss a lawsuit in a clergy sexual abuse case. Attorneys representing the Rev. Francis DeLuca argued unsuccessfully that the U.S. District Court did not have jurisdiction in the case. The attorneys cited language in the state law eliminating the civil statute of limitations in child sexual abuse cases, saying it designated Superior Court for the cases. However, Judge Sue Robinson ruled that the law did not prohibit the federal court from hearing the case. Robert Quill alleges DeLuca sexually abused him more than 300 times from 1968 to 1975. According to court documents, DeLuca has denied the allegations. Earlier this year in Syracuse, N.Y., DeLuca pleaded guilty to charges he molested a teenage family member over several years. He was sentenced to 60 days in jail. |
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Former CIM correctional officer pleads guilty to perjury
Court Watch |
2008/01/24 01:43
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An ex-Chino prison officer has pleaded guilty to lying to a federal grand jury investigating misconduct by another officer. Linda Diane Sherrow faces up to five years in prison when she returns for sentencing April 21 in U.S. District Court in Los Angeles. The former California Institution for Men correctional officer entered the guilty plea to perjury Wednesday. The 49-year-old Sherrow lied to the grand jury in 2004. The panel was investigating fellow officer Shayne Ziska, who had helped inmates associated with the Nazi Low Riders prison gang. Ziska was eventually sentenced to more than 17 years in prison for racketeering and civil rights allegations. |
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Court case data discs go missing
Court Watch |
2008/01/23 06:27
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The Government has been accused of a "cavalier" attitude to personal information after it emerged that four CDs containing details from court cases have gone missing in the post. In the latest embarrassing loss of potentially sensitive data, the computer discs vanished after being sent by recorded delivery. Greater Manchester Police (GMP) hand-delivered the four CD-Roms to Her Majesty's Inspectorate of Court Administration (HMICA) on December 6. The discs contained details of at least 55 magistrates' court defendants and other "restricted" data not released in open court, the Daily Mail reported. They went missing after being posted on December 15, according to the paper. A GMP spokesman said the CDs contain only "routine material" and were handed to HMICA by police in a "completely secure way" before going missing later. The police spokesman could not confirm whether the discs contain details of witnesses, although he said they may have held defendants' names. HMICA has launched an internal investigation into what has happened to the discs. Shadow justice secretary Nick Herbert said: "Yet another data blunder suggests a cavalier attitude to the handling of personal information by Government agencies. "We need to know whether this is a problem limited to these courts, or whether it is more widespread across the criminal justice system." |
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Court Rejects Wireless Carriers' Appeal
Court Watch |
2008/01/22 05:43
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In a loss for wireless communications providers, the Supreme Court on Tuesday let stand a lower court ruling preventing the industry from listing taxes and other government fees as separate line items on consumers' bills. Sprint Nextel Corp. and T-Mobile USA Inc., which is owned by Deutsche Telecom, asked the justices to overturn the ruling. They said in court papers that state and local governments try to "hide" taxes and fees by barring carriers from listing them as separate items, requiring the companies instead to fold them in with the rest of their charges. Consumer advocates, who support the lower court's ruling, responded that wireless companies frequently add a confusing array of charges that are not always the result of government taxes. Such complaints led the Federal Communications Commission to extend "truth in billing" rules to cell phones in 2005. The legal question in dispute is whether the FCC was correct when it ruled in 2005 that federal law prohibits the states from barring separate line items. Federal communications law bars state regulation of rates but allows states to regulate "other terms and conditions" of service. The 11th U.S. Circuit Court of Appeals overturned the FCC in 2006, ruling that line items on bills were "other terms and conditions" that states could prohibit. The justices' decision Tuesday allows that ruling to stand. The issue is not completely settled, however. The Justice Department's Solicitor General, the Bush administration's lawyer, urged the court to turn down the case, even though the Solicitor General disagreed with the appeals court's ruling. That's because the appeals court sent the case back to the FCC, and the agency is considering additional grounds for preempting state regulation of the wireless industry, the Solicitor General said. As a result, the issue is not yet ripe for Supreme Court review, the Solictor General said. |
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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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