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Archive for June, 2010

Supreme Court upholds political party money limits

Wednesday, June 30th, 2010

By Breaking Legal News, Breaking Legal News.

The Supreme Court on Tuesday reaffirmed the limits on contributions that political parties can raise, and rejected a challenge by the Republican Party that the restrictions violated free-speech rights.

The justices sided with the Obama administration and affirmed a ruling that upheld the limits, a cornerstone of the 2002 federal campaign finance law designed to regulate the influence of money in politics.

Republican Party attorneys had sought to end the limits and cited the Supreme Court's ruling in January that corporations can spend freely to support or oppose candidates for president and Congress.

That decision has been denounced by President Barack Obama for turning loose a flood of special-interest money into the U.S. political system before the November congressional elections, when Democratic control of Congress is in jeopardy.

It also has provoked efforts by Democrats in Congress to adopt legislation to blunt the impact of the ruling and has become a major issue at the Senate confirmation hearings for Elena Kagan, who Obama has nominated to the Supreme Court.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

SEC paying $755K to settle with fired lawyer

Wednesday, June 30th, 2010

By Breaking Legal News, Breaking Legal News.

The Securities and Exchange Commission is paying $755,000 to settle a lawsuit with a former staff lawyer who accused the agency of blocking his investigation of a prominent hedge fund.

The SEC settlement of Gary Aguirre's wrongful termination claim resolved a long-running controversy that prompted scrutiny in Congress and by the SEC inspector general. The settlement was announced Tuesday by the Government Accountability Project.

Aguirre was fired by the SEC in September 2005. He went public in 2006 with allegations of interference by SEC officials in the probe of Pequot Capital Management and improper deference to a Wall Street executive whom Aguirre wanted to interview. That prompted an investigation by Republican staff of the Senate Judiciary and Finance Committees.

The SEC initially took no enforcement action in the case, which was started in 2004 and closed in 2006. The agency reopened it in January 2009 after documents emerged in a divorce proceeding showing that Pequot began paying $2.1 million to a key witness in the case in mid-2007.

Last month, Pequot and its founder and chairman, Arthur Samberg, agreed to pay a total of $28 million to settle the SEC's charges of insider trading of Microsoft Corp. shares. The SEC alleged that the hedge fund traded Microsoft shares on confidential information provided by a former employee of the technology giant whom it later hired.

Pequot, whose core hedge fund was liquidated last year, and Samberg, a well-known money manager and philanthropist, neither admitted nor denied wrongdoing.

The $755,000 being paid to Aguirre represents his salary for four years and 10 months plus his attorneys' fees, according to the Government Accountability Project, a group that works with whistleblowers. The group said it may be the largest settlement of its kind.

Under terms of the settlement, which was approved by a judge at the federal Merit Systems Protection Board, Aguirre agreed to drop two related cases against the SEC.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Courts need $40M for border plan

Wednesday, June 30th, 2010

By Breaking Legal News, Breaking Legal News.

President Barack Obama's $600 million border security plan seems to have it all: More than 1,000 agents, seven gunrunner teams, five FBI task forces and more prosecutors and immigration judges.

But it doesn't include $40 million to help the already overwhelmed federal courts along the U.S.-Mexico border that will likely be inundated with additional drug and other criminal cases, a judiciary official tells The Associated Press.

Increased patrols will mean more arrests and more cases sent to the five district courts on the border, from California to Texas. The courts handle cases including drug trafficking, smuggling and illegal immigrants charged with other serious crimes.

"The current workload in our Southwest border courts is staggering," said James Duff, director of the Administrative Office of the United States Courts.

Duff said the judiciary asked Congress for the $40 million on June 22 after realizing it wasn't sent with Obama's plan. He said judiciary requests are usually included with the president's budget proposals, but wasn't in this case.

White House spokesman Luis Miranda said the request wasn't submitted with the president's because it's a separate branch of government.

Obama's plan does include more money for immigration judges, which operate in the executive branch. But those judges deal almost exclusively with civil deportation matters, not criminal cases, like the district courts.

The chief judge for the District of Arizona in Tucson, located in what's become the busiest corridor for illegal immigration and drug smuggling, said he fears that increased patrols will bring even more cases to his already swamped court.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Trucker gets life term for attacks on 2 Pa. women

Wednesday, June 30th, 2010

By Breaking Legal News, Breaking Legal News.

A former trucker serving at least 75 years in prison for knife attacks on women in New Jersey and Massachusetts will spend the rest of his life in prison after pleading guilty to similar charges in Pennsylvania.

Forty-five-year-old Adam Leroy Lane pleaded guilty Monday to charges stemming from the July 2007 murder of a Pennsylvania woman and an attack on another. The plea deal allows him to escape the death penalty.

Dauphin County Judge Todd Hoover sentenced Lane to life imprisonment for the murder of Darlene Ewalt outside her Harrisburg-area home. Lane was also sentenced to a consecutive 10- to 20-year term for attacking a woman in her rural home north of York.

Prosecutors say the North Carolina man randomly attacked his victims at their homes near the highways he traveled.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

BP has options before bankruptcy, lawyers say

Wednesday, June 30th, 2010

By Breaking Legal News, Breaking Legal News.

BP PLC has several options to explore in dealing with the worst environment disaster in U.S. history, but the oil giant may file for bankruptcy if it faces a never-ending flow of claims, lawyers and bankers said Tuesday.

"BP has many options besides bankruptcy and is a long way from exhausting those," said Loretta Cross, a national managing partner at Grant Thornton's corporate-advisory and restructuring-services group, during a conference call organized by the American Bankruptcy Institute.

The Deepwater Horizon platform exploded on April 20, killing 11 people. It sank two days later, triggering a massive oil leak that's still spewing oil and gas. BP shares have plummeted on concern that the company could be overwhelmed by tens of billions of dollars in claims and other liabilities.

Cross, who specializes in energy-company reorganizations, estimated Tuesday that BP needs roughly $30 billion in cash outside of what the company can generate from its balance sheet.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Dozens of reputed mobsters plead not guilty in NJ

Tuesday, June 29th, 2010

By Breaking Legal News, Breaking Legal News.

Nearly three dozen alleged members and associates of the New York-based Lucchese crime family have pleaded not guilty to state racketeering, conspiracy and money laundering charges in New Jersey.

Among the defendants who appeared in court in Morristown on Monday was Nicodemo Scarfo Jr., son of former Philadelphia crime boss Nicodemo "Little Nicky" Scarfo.

Also charged are Joseph DiNapoli of Scarsdale, N.Y., and Matthew Madonna of Seldon, N.Y., alleged members of the Lucchese family's three-man ruling panel.

An indictment alleges a litany of offenses under the racketeering charge, including gambling, theft, aggravated assault and bribery.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Kagan on guns: Court precedents are ’settled law’

Tuesday, June 29th, 2010

By Breaking Legal News, Breaking Legal News.

Supreme Court nominee Elena Kagan says she considers recent high court decisions expanding gun rights to be "settled law."

Kagan was asked at her confirmation hearing about two recent decisions, including a 5-4 ruling Monday, which essentially guaranteed citizens' Second Amendment rights to have guns, no matter where they live.

Democratic Sen. Dianne Feinstein of California decried growing gang violence in her state, saying officials need leeway to deal with it.

Kagan responded that "once a court decides a case as it did, it's binding precedent." And she said judges must respect a precedent unless it proves unworkable or new facts emerge that would change the circumstances of a case.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

BP Sued Over Employee Stock Plan Losses After Spill

Tuesday, June 29th, 2010

By Breaking Legal News, Breaking Legal News.

BP Plc was sued by members of its employee savings plan over losses tied to the company’s plunging stock price amid the oil leak disaster in the Gulf of Mexico.

BP has lost more than half of its market value since the April 20 explosion that caused the largest oil spill in U.S. history. The fire and blast aboard the Deepwater Horizon drilling rig that was working on a well for London-based BP killed 11 members of its crew.

The lawsuit, for which the workers are seeking class- action, or group, status was filed yesterday in federal court in Chicago.

“Defendants knew or should have known that investment in BP Plc equity was -- and continues to be -- an imprudent investment of the ESP’s assets due to serious mismanagement and improper business practices that resulted in catastrophic incidents of international significance, including, among others, the BP spill in the Gulf of Mexico,” the plaintiffs claimed.

Full-time, part-time, occasional and temporary employees are eligible to invest in the employee savings plan, or ESP, according to the lawsuit. Regulatory filings show that the plan held $2.45 billion worth of BP American depositary shares, or 29 percent its $8.27 billion of assets, at the end of 2009, according to the complaint.


Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Guilty verdict in NYC beating death of immigrant

Tuesday, June 29th, 2010

By Breaking Legal News, Breaking Legal News.

A man was convicted Monday of murder as a hate crime during his retrial on charges that he beat an Ecuadorean immigrant with an aluminum baseball bat after mistaking him and his brother for a gay couple.

Jurors deliberated for about seven hours before convicting Keith Phoenix in the death of Jose Sucuzhanay. He also was convicted of attempted assault as a hate crime in the attack on Romel Sucuzhanay.

The trial started about six weeks after the mistrial was declared on May 11 when a juror refused to deliberate.

The brothers were walking home from a bar after a party at a Brooklyn church on Dec. 7, 2008. Romel Sucuzhanay had put his coat around his brother to keep him warm and was helping him walk because he was drunk.

Meanwhile, Hakim Scott, 26 and Phoenix, 30, also leaving a party, pulled up in a sport utility vehicle. They began yelling anti-gay and anti-Hispanic slurs, according to Assistant District Attorney Josh Hanshaft.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Rapper ‘Lil Boosie’ pleads not guilty to murder

Tuesday, June 29th, 2010

By Breaking Legal News, Breaking Legal News.

Baton Rouge rapper Torrence "Lil Boosie" Hatch has pleaded not guilty to several charges including first-degree murder.

Hatch appeared Monday before state District Judge Mike Erwin.

Hatch's attorney, Marcus Allen, spoke after the hearing and said Hatch is "absolutely not guilty."

The Advocate reports that Hatch is accused of paying a man to kill 35-year-old Terry Boyd, who was shot to death through a window while inside his home on Oct. 21. Two other Baton Rouge men also face first-degree murder charges in Boyd's death.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.