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Supreme Court upholds broad reach of bank fraud law
Court Watch | 2016/12/17 14:05
The Supreme Court is upholding the broad reach of a federal law prohibiting bank fraud.

The unanimous ruling on Monday came in the case of a California man who illegally siphoned about $307,000 out of a Taiwanese businessman's Bank of America bank account.

Justice Stephen Breyer rejected Lawrence Shaw's claim that the law applies only when a defendant intends to cheat the bank itself ? not a bank customer. Breyer said the bank has property interests in the customer's account and that Shaw misled the bank to steal the customer's money.

The justices sent the case back to a lower court to decide whether the jury instructions in Shaw's case were correct.


Muslim cleric is in US court fighting against deportation
Court Watch | 2016/12/06 10:56
The leader of one of New Jersey's largest mosques has taken the stand to defend himself against charges that he lied on his green card application.

Imam Mohammad Qatanani is the leader of the Islamic Center of Passaic County.

A judge ruled against immigration authorities' attempt to have him deported eight years ago. Federal officials say he didn't disclose that he'd been convicted in Israel for being a member of Hamas.

Qatanani began testifying Tuesday before an immigration court judge in Newark as part of the appeals process.

Qatanani denies he was ever part of the group classified as a terrorist organization by the U.S. government. He says he was only detained and never convicted.

Qatanani came to the U.S. from Jordan. He was born in the West Bank.



Court: Star Chinese investor pleads guilty in stock case
Court Watch | 2016/12/06 10:56
to insider trading and manipulating share prices.

The court in the eastern city of Qingdao said in a statement Tuesday that Xu Xiang and two co-defendants pleaded guilty at the start of a trial but no verdict had been issued.

Xu was arrested in November after a rapid rise in Chinese share prices collapsed. Top executives of China's biggest state-owned securities firm also were arrested in a separate case.

The court statement said Xu and his co-defendants were accused of conspiring with executives of 13 companies from 2010 to 2015 to inflate their share price and then sell.



UK Supreme Court hears landmark challenge to Brexit plans
Court Watch | 2016/12/02 10:57
Britain's Supreme Court began hearing a landmark case Monday that will decide who has the power to trigger the U.K.'s exit from the European Union — the government or Parliament.

The legal battle has major constitutional implications for the balance of power between the legislature and the executive, and has inflamed Britain's already raw wound over how and whether to leave the EU.

The court's most senior justice, David Neuberger, opened the four-day hearing by condemning the "threats of serious violence and unpleasant abuse" directed at Gina Miller, one of the claimants trying to ensure Parliament gets a say.

"Threatening and abusing people because they are exercising their fundamental right to go to court undermines the rule of law," Neuberger said, banning publication of the addresses of Miller and other parties in the case.

Neuberger and 10 other justices at the country's top court must decide whether Prime Minister Theresa May's government can invoke Article 50 of the EU's key treaty, the trigger for two years of divorce talks, without the approval of lawmakers.

May plans to trigger Article 50 by the end of March, using centuries-old government powers known as royal prerogative. The powers — traditionally held by the monarch but now used by politicians — enable decisions about joining or leaving international treaties to be made without a parliamentary vote.

Financial entrepreneur Miller and another claimant, hairdresser Deir Dos Santos, went to court to argue that leaving the EU would remove some of their rights, including free movement within the bloc, and that shouldn't be done without Parliament's approval.




ICC prosecutor: African states leaving court is 'regression'
Court Watch | 2016/12/01 10:58
The International Criminal Court's prosecutor said Tuesday that it is a "regression" for African nations — including her home country of Gambia — to quit the court and said the continent should work with her office to end impunity for atrocities.

Speaking to The Associated Press at the court's headquarters overlooking the North Sea on the edge of The Hague, Prosecutor Fatou Bensouda said regional and local courts in Africa can also play a key role in bringing perpetrators of atrocities to justice.

Bensouda's comments came as the court's governing body, the Assembly of States Parties, met nearby with the issue of departing African states figuring prominently in its discussions.

South Africa, Burundi and Gambia have announced plans to leave the court, which has 124 member states, sparking fears of a domino effect among other African nations.

"I think it's a setback for the continent, it's a regression for the continent that there are some African states that are deciding to withdraw from the ICC," Bensouda said.

However, she said that the announced withdrawals have galvanized support for the court among other African countries attending the annual gathering of member states.

"I wanted to emphasize that today during this Assembly of States Parties you have the vast majority of African states recommitting to the ICC and renewing ... support for the ICC," Bensouda said.

One way of the international court engaging with Africa is by supporting local and regional courts, Bensouda said. Her office is working with authorities in Central African Republic to help establish a court to prosecute atrocities in that conflict-torn country.



Election judge pleads not guilty in absentee ballot case
Court Watch | 2016/11/21 10:35
An 88-year-old election judge from southern Illinois has pleaded not guilty after allegedly sending in an absentee ballot in her late husband's name.

The (Belleville) News-Democrat reports that Audrey Cook appeared Thursday in Madison County Circuit Court.

Cook, of Alton, told The Associated Press this month that she filled out the ballot for her husband after he died in September because she knew he would want Donald Trump to be president.

She was charged a few days before the Nov. 8 election with two felony counts of election fraud.

Madison County State's Attorney Tom Gibbons has said the ballot was never even opened because a clerk found it had been submitted in the name of a deceased person.

Gibbons also said Cook would be removed as an election judge.



Philippine court urged to order Marcos' remains exhumed
Court Watch | 2016/11/19 10:35
Human rights victims who suffered during the rule of Philippine dictator Ferdinand Marcos filed petitions Monday asking the Supreme Court to order the exhumation of his remains that were buried last week at the country's Heroes' Cemetery.

They also want the court to hold officials and his heirs in contempt for carrying out the burial before the court heard final appeals against it.

Former President Fidel Ramos, who played a key role in the peaceful army-backed revolt that ousted Marcos in 1986, called the former leader's burial at the military-run cemetery "an insult" to the sacrifices of soldiers and veterans.

Left-wing former lawmaker Saturnino Ocampo and other activists urged the court to hold Marcos' widow Imelda, their three children, Defense Secretary Delfin Lorenzana and two military officials in contempt for "the hasty, shady and tricky" burial on Friday of the long-dead president at the Heroes' Cemetery.

The petition said they should be fined and detained for mocking the legal process that gave petitioners 15 days to appeal the court's Nov. 8 ruling allowing the burial.

Opposition Rep. Edcel Lagman, who represents another group of petitioners, sought a court order to have the remains exhumed "because the hasty and surreptitious interment was premature, void and irregular."

He asked that the remains be examined to determine if they are not a wax replica. The secrecy-shrouded burial at the cemetery reserved for presidents, soldiers and national artists shocked democracy advocates and human rights victims, prompting street protests in Manila and other cities.

Marcos's rule was marked by massive rights violations and plunder. After being ousted in 1986, he flew to Hawaii, where he lived with his wife and children until he died in 1989.



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