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Court reverses conviction on online Obama threat
Court Watch | 2011/07/20 02:36
A federal appeals court on Tuesday overturned the conviction of a man who posted Internet messages threatening Barack Obama during his 2008 presidential campaign.

A divided three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that Walter Bagdasarian's violent and racist screeds against Obama were "repugnant" but not criminal. The court also said it was obvious the San Diego man wasn't planning to attack the candidate and that the postings were protected by Bagdasarian's free speech rights.

Bagdasarian was convicted in 2009 of two felony counts of threatening a major presidential candidate.

Bagdasarian posted several messages to a Yahoo Finance message board in October 2008, including one that called Obama a racial epithet and another that said "he will have a 50 cal in the head soon" — a reference to a .50 caliber gun.

A retired Air Force officer forwarded the postings to the Secret Service. Yahoo provided Bagdasarian's subscriber information to investigators, who raided his house and seized six guns and a hard drive containing an email with similar sentiments.

Bagdasarian admitted posting the messages, but said he was drunk and joking.

He waived his right to a jury trial. District Judge Marilyn L. Huff found him guilty and sentenced him to 60-days in a half-way home.

But the appeals panel said no "reasonable person" could have taken seriously Bagdasarian's posts.



Arizona court vacates $75 million cash-only bond
Court Watch | 2011/07/11 00:13
An Arizona appeals court has vacated what was perhaps one of the highest bail amounts on record in U.S. history that had been set for a father accused of sexually abusing his children.

The brief order issued last week sends the case back to Yavapai County Superior Court Judge Tina Ainley to reset the $75 million cash-only bond for the longtime Sedona resident. She has scheduled a Monday status conference.

The defendant's attorney, Bruce Griffen, sought relief from the appellate court after he tried unsuccessfully to have the case assigned to another trial court judge.

Griffen accused Ainley of abusing her discretion, and exhibiting bias and prejudice.

Prosecutors say those accusations were not proven. They contend the defendant has significant family ties in Brazil and is a flight risk.

The appellate court said Ainley cannot set a bail amount greater than what is necessary to ensure the defendant appears at trial, and can set other release conditions. The court is expected to elaborate on its decision but had not done so as of Friday.





14.5 Million Dollar Jury Verdict Awarded Against State Farm Insurance
Court Watch | 2011/07/04 00:08
A six-week trial in Hamilton County Court ended yesterday afternoon with the award of a $14.5 million jury verdict for Joseph Radcliff and his restoration company, CPM Construction of Indiana, against State Farm Insurance.

State Farm had filed suit for insurance fraud and RICO (Racketeer Influenced and Corrupt Organizations) claims against Radcliff and CPM.  The case arose out of work done by Radcliff and CPM following the April 2006 hailstorm.  Radcliff and CPM’s allegations were that after State Farm received negative publicity in the Indianapolis media for denying hail damage claims, State Farm made unfounded claims of fraud against Radcliff and instigated the filing of felony charges against him.  Those charges were dismissed by the Marion County Prosecutor, but the negative publicity resulted in Radcliff’s personal reputation and business being destroyed.

Not only did the jury find that State Farm’s claims against Radcliff were baseless, but they also found that the Radcliff’s allegations of being defamed by State Farm were true. The jury ordered State Farm to pay Radcliff $14.5 million.

Radcliff was represented by Will Riley, lead trial counsel of the law firm Price Waicukauski & Riley, LLC along with attorneys Joe Williams, James Piatt and Jamie Kendall of the same firm and Mark McKinzie, Partner in the law firm Riley Bennett & Egloff LLP.

Riley stated, “It was a tribute to the American jury system that one man can take on the largest insurance company in the nation and win.”  McKinzie agreed, stating “This sends a strong signal to Bloomington, Illinois that Hoosiers will not put up with this sort of conduct.” Radcliff commented “I am grateful to those who believed in me and helped me get the true facts before the jury and to the jury for giving me, and my failed company, justice.”

Price Waicukauski & Riley, LLC is a law firm known for its representation of clients in complex litigation. Riley Bennett & Egloff, LLP is a law firm known for advising and representing businesses and their owners in various litigation matters.







Casino owner cited in complaint against Ala. judge
Court Watch | 2011/06/22 22:26
A casino owner accused of buying votes in Alabama for pro-gambling legislation is cited in a judicial complaint against a former state judge, who's accused of letting a gambling lobbyist bankroll her re-election campaign while she was handling a custody dispute involving the casino owner's grandchildren.

An attorney for VictoryLand casino owner Milton McGregor said Tuesday that he did nothing wrong and the complaint filed against former District Judge Patricia Warner of Montgomery is based on errors.

"It's reckless and somebody is going to have to answer for that," defense attorney Joe Espy said Tuesday outside the federal courthouse.

The 72-year-old McGregor is in the third week of a trial where he and eight others are accused of buying and selling legislators' votes for pro-gambling legislation with campaign contributions. The legislation was designed to keep McGregor's now-closed VictoryLand casino in Shorter operating.

Late Monday afternoon, the state's Judicial Inquiry Commission filed a complaint against Warner, a Democrat who resigned unexpectedly last week less than six months into her second term. The 74-count complaint accuses Warner of judicial misconduct in several cases, including the one involving an effort by McGregor's former son-in-law to regain visitation rights with McGregor's grandchildren.

The complaint will be heard by the Alabama Court of Judiciary, which can sanction her if it finds her guilty of misconduct and impose financial penalties. A spokesman for the state pension system said Warner qualifies for state retirement benefits. The amount was not immediately available.




Va suit settled over coalbed methane rights
Court Watch | 2011/06/22 22:25
Southwest Virginia landowners have reached a $3.4 million tentative settlement in a class-action lawsuit over coalbed methane rights.

The Bristol Herald Courier reports Wednesday's settlement would be split among 1,850 landowners.

The federal lawsuit alleged that Chesapeake Energy Corp. subsidiary Chesapeake Appalachia underpaid royalties to landowners for decades.

The settlement will be made final at a hearing Oct. 4.

Other similar class-action lawsuits are pending in federal court in southwest Virginia involving CNX Gas Co. and EQT Production Co.




Navy subcontractor pleads guilty in bribe case
Court Watch | 2011/06/20 00:17

A Navy subcontractor pleaded guilty Friday in Rhode Island for his part in what federal prosecutors say was a kickback scheme that cost the Navy millions of dollars.

Russell Spencer's plea was part of an agreement with prosecutors in which he promised to cooperate with authorities as he has been since investigators approached him in June 2010.

Spencer, 56, pleaded guilty to conspiring to commit bribery in helping funnel money, through his businesses, from a Navy contractor to a civilian Navy employee who prosecutors say then bumped up funding to the contractor. Prosecutors say the scheme cost the Navy between $7 million and $20 million.

The case prompted an internal Navy investigation that resulted in military officials in Washington suspending the contracting authority of Newport's Naval Undersea Warfare Center. The Navy said a host of contracting problems at the facility enabled the scheme.

According to the government, Ralph M. Mariano of Arlington, Va., who worked at the warfare center, initiated the scheme by threatening to use his position to reduce funding for contracts held by Advanced Solutions for Tomorrow if company owner Anjan Dutta-Gupta didn't kick back money to Mariano.

Dutta-Gupta, of Roswell, Ga., has pleaded guilty to paying $8 million in bribes over more than a decade. Mariano has been charged, but not indicted. He has declined to comment on the allegations, and remains free on bond.




NY jury convicts 3 in NYC hedge fund trial
Court Watch | 2011/06/13 10:16
The second trial to result from a massive investigation into insider trading at hedge funds ended Monday with the conviction of a trio of Wall Street traders on charges they paid hefty bribes to coax confidential information out of shady lawyers.

A jury reached the verdict against stock trader Zvi Goffer and two others in federal court in Manhattan after deliberating five days since June 2. It came a month after the conviction of Raj Rajaratnam, the one-time billionaire who founded the Galleon Group of hedge funds and who was once Goffer's boss.

Goffer, his brother Emanuel and Michael Kimelman were convicted of conspiracy to break securities laws. The men were permitted to remain free on bail pending sentencing, set for the fall.

The defendants, who had insisted they based trades only on public information, remained calm during the verdict. Zvi Goffer's wife and mother left the courtroom in tears.





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