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Federal judge rejects secrecy for AIPAC trial
Court Watch |
2007/04/18 08:14
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A federal judge Monday refused a request to close portions of the upcoming espionage trial of two former American Israel Public Affairs Committee lobbyists because doing so would violate the defendants' right to an open trial. The lobbyists, Steven Rosen and Keith Weissman, were indicted last year under the 1917 Espionage Act for allegedly conspiring to receive and disclose classified US defense information over a five-year period dating back to 1999. The prosecution's plan would have allowed only the judge, lawyers and jury to have access to classified evidence, but this was rejected by US District Judge T.S. Ellis. In August 2006, Rosen and Weissman asked Ellis to dismiss the charges, arguing that the law is unconstitutionally vague and violates their right to free speech. Ellis, however, upheld the constitutionality of the Espionage Act. |
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22-Year-Old Guilty In UIC Beating Death
Court Watch |
2007/04/17 07:47
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A Cook County jury convicted Mantas Matulis of second-degree murder Monday night in the death of Tombol Malik, a 23-year-old University of Illinois at Chicago student beaten to death with a bike lock in 2005. Prosecutors had brought first-degree murder charges against Matulis, 22, alleging he kicked Malik in the head after an accomplice beat him with the lock. But the defense argued Matulis acted in self-defense, and the jury convicted him of the lesser charge after seven hours of deliberation. The second-degree murder conviction carries a sentence of four to 20 years in prison.
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Padilla terrorism trial starts in Miami
Court Watch |
2007/04/17 04:51
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The trial of Jose Padilla and two co-defendants on terrorism charges began Monday with jury selection. Defense attorneys have expressed concern that potential jurors may have been tainted by early accusations that Padilla had planned to set off a radioactive "dirty bomb", an allegation not among the charges against Padilla, and that jurors might associate the defendants with the Sept. 11 attacks. US District Judge Marcia Cooke has instructed prosecutors to only refer to Sept. 11 in a limited manner, but barred them from implying that Padilla or his co-defendants were involved. Last week, Cooke refused to dismiss the terror charges based on Padilla's allegations that he was tortured. Padilla, a US citizen, was arrested in 2002 at Chicago's O'Hare International Airport and subsequently detained as an "enemy combatant" at a Navy military brig in Charleston, South Carolina. Initially accused of planning to set off a "dirty bomb" in the United States, Padilla went from enemy combatant to criminal defendant when he was finally charged in November 2005 on unrelated counts of conspiracy to murder US nationals and supporting terrorist activity. He was transferred to civilian custody in January 2006 and has pleaded not guilty to the charges. In February, Padilla was ruled competent to stand trial. |
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Maine Lawyer Arrested For Registration Fraud
Court Watch |
2007/04/16 07:39
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PORTSMOUTH - A local attorney was arrested Friday on four charges alleging he used the address of his downtown law office to register three cars, in spite of living in Kittery, Maine. According to Katie Daley, spokeswoman for the New Hampshire Highway Patrol, Richard Foley, 53, was charged at the Newington Police Department on three felony counts of title fraud. If convicted, according to Daley, Foley could be sentenced to a maximum of seven years in prison. The convictions could also be punishable by a maximum $4,000 fine for each of the four felony counts. Foley was also arrested on a misdemeanor count of tampering with public records, punishable by up to one year in prison and a $1,200 fine. The Division of Motor Vehicles Highway Patrol reports that Foley's arrest followed a two-month investigation. That investigation, according to the state, was based on information that Foley was using his 414 State St. law office to claim New Hampshire residency for the purpose of registering and titling three of his own vehicles. Daley said the state is not releasing the attorney's Kittery street address. Automobiles registered in New Hampshire are not subject to an excise tax, as is the case in Maine, where auto insurance is also mandated. The amount of the Maine tax is determined by the age of the vehicle and the suggested retail price. Following his arrest, Foley was released on $4,000 personal recognizance bail and is scheduled to be arraigned May 23 in Portsmouth District Court. |
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Las Vegas jury finds ex-cop guilty
Court Watch |
2007/04/15 10:44
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A former Manhattan Beach police sergeant has been found guilty of kidnapping and sexually assaulting a 14-year-old boy in Las Vegas. Shawn Michael Shelton, 40, once the fastest-rising officer in his department, could face the prospect of spending the rest of his life in prison following the Clark County District Court jury’s decision, reached Friday night after two hours of deliberations.
Following two days of testimony, jurors concluded that Shelton was guilty of first-degree kidnapping, sexual assault with a minor under 16 years old, battery with intent to commit sexual assault with a minor under 16 years old, and use of a minor in pornography, court information officer Michael Sommermeyer said. Jurors acquitted Shelton of one count of robbery. A charge of transmission of the AIDS virus previously was dropped. Shelton is HIV positive. The guilty verdicts came after jurors listened to the boy, now 15, describe how he was sitting at a bus bench outside a mall May 21, 2006 , when Shelton pulled up, displayed a badge and told him he was a police officer. He persuaded the boy to get into his Hummer. The boy told jurors that Shelton said he was investigating a homicide, handcuffed him, drove him into the desert and forced him to perform oral sex in the back seat, the Las Vegas Review-Journal reported. During his testimony, the boy described the .50-caliber bullet hanging on Shelton’s key chain and the brand of cigarettes Shelton smoked. Police found the cigarettes in Shelton’s Hummer when they arrested him May 26 in Corona, the newspaper reported. Besides the identification, prosecutors had key forensic evidence to pin the crime on Shelton, who had been an experienced detective. Following the oral sex, the boy wiped his mouth with his T-shirt. The act absorbed Shelton’s DNA into the cloth, the newspaper said. |
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Ohio man pleads not guilty to terror charges
Court Watch |
2007/04/13 12:12
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US citizen Christopher Paul pleaded not guilty Friday to charges that he conspired to assist terrorists and to bomb European tourist sites and US military and government facilities overseas. Paul, from Columbus, OH, did not request to be released on bond during his arraignment in the US Southern District of Ohio.
Paul pleaded not guilty to all three counts of conspiring to provide material support and resources to terrorists, conspiring to use weapons of mass destruction, and providing material support and resources to terrorists. Paul is allegedly connected to two other men from Columbus who have also been indicted on terrorism charges. Iyman Faris, who was sentenced to 20 years in prison for conspiring to destroy the Brooklyn Bridge, attended the same mosque and became friends with Paul. Nuradin Abdi, a Somali awaiting trial on 2004 charges that he plotted with other al Qaeda operatives to blow up a Columbus-area shopping mall, used Paul as a reference on a government employment application. Officials also found evidence in Paul's apartment that will be used against Abdi at trial. According to investigators, Paul traveled to Pakistan and Afghanistan in the early 1990s to receive military training at an al Qaeda training camp and, upon his return to the US, continued to funnel money and other resources to al Qaeda. The indictment also alleges that Paul provided explosives training to co-conspirators in Germany to carry out future attacks on European and United States targets. If convicted of all charges, Paul could receive a maximum penalty of life in prison. |
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CA. CPA Temporarily Barred from Giving Legal Advice
Court Watch |
2007/04/13 09:06
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WASHINGTON – The U.S. District Court for the Eastern District of California has issued a preliminary injunction against Lowell Baisden, a Bakersfield, Calif., Certified Public Accountant, the Justice Department announced today. The injunction prevents him from promoting his tax scheme and was issued after a two-day evidentiary hearing in Fresno, Calif. The court issued the injunction after it found that Baisden had promoted a plan which encourages and assists customers to create corporations into which they allegedly had their incomes deposited for the primary purpose of decreasing their tax liability. Several of Baisden's customers are physicians and nurse anesthetists from North Platte, Neb., many of whom have not filed past-due tax returns. According to Baisden's plan, the customers created real estate and forestry corporations, but almost all of the income reported by the corporations was derived from the customers' income from their jobs in the medical profession. Baisden reported deductions for the corporations for customers' lawn care expenses, expenses related to their personal residences, car expenses, and for one customer, the purchase cost and storage fees for an airplane. Baisden also prepared tax returns in California which characterized wages as rent, which is not subject to self-employment or employment taxes. The court found that Baisden prepared tax returns that identified customers as investors when they were actually physicians or nurses and claimed business deductions for non-deductible personal expenses of customers or for which he and his customers did not provide supporting documentation. The tax returns he prepared also failed to report a reasonable compensation to owners of such corporations and otherwise mischaracterized their income. Finally, the court found that Baisden engaged in misconduct related to his representation of customers by falsely advising them not to comply with IRS document and meeting requests, filing meritless requests to delay civil audits, advising clients to make insufficient estimated tax payments, and advising customers not to file lawfully due returns. More information about this case is available at http://www.usdoj.gov/tax/txdv06670.htm.
USDOJ |
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