|
|
|
IRS May Lose Billions Through Bad IDs
Lawyer News |
2007/09/11 20:11
|
The Internal Revenue Service may be losing hundreds of millions of dollars because it won't spend the time and money to match millions of income statements with incorrect or missing identification numbers to existing tax accounts, an IRS watchdog said Tuesday. The Treasury Inspector General for Tax Administration said that in 2004 the IRS received about 3.8 million miscellaneous income statements reporting some $150 billion in earnings that could not be computer-matched to a filed tax return because of missing or erroneous ID numbers. The inspector general's office, which does oversight of the tax agency, looked at a sampling of these mismatched IDs and calculated that some 6,000 of these individuals had not filed 2004 tax returns despite having income statements indicating they earned more than $100,000. That translates into some $630 million in income, it said. Much of the income involved compensation for nonemployees such as independent contractors reported on unusable miscellaneous income statements. The office said that it looked at 620 income and wage statements with mismatched names and ID numbers reporting more than $60,000 in earnings. Using IRS automated data systems, it was able to manually match half of those to taxpayer accounts in IRS records. It urged that Congress pass legislation, backed by the administration, that would require employers to verify the accuracy of ID numbers for the employees they hire. The office also recommended that the IRS do more to investigate high-dollar miscellaneous income and wage statements with mismatched names and IDs. The IRS, in response, said it supported the legislation but concluded that the cost of manually tracking down mismatched names and IDs might exceed that of the benefits. "The IRS's opposition to this recommendation is confounding," said Inspector General J. Russell George, adding that their audit showed that increased examination of statements would more than pay for itself in increased revenue. |
|
|
|
|
|
Hearing on Craig’s Guilty Plea Is Set for Sept. 26
Legal Career News |
2007/09/11 18:04
|
Senator Larry E. Craig’s request to withdraw his guilty plea in an airport sex sting will be heard on Sept. 26, four days before he has said he will leave the Senate. A spokesman for Mr. Craig, Republican of Idaho, said he was unlikely to try to finish his third term unless Hennepin County District Court moved quickly to overturn the conviction. Mr. Craig has been under pressure from fellow Republicans to resign. The hearing will be before Judge Charles A. Porter, rather than Judge Gary Larson, who had accepted the plea. That could help Mr. Craig’s lawyers, who are arguing, in effect, that Judge Larson erred in accepting the plea. It is not known whether Mr. Craig will appear, said Judy Smith, a spokeswoman for Billy Martin, a lawyer for Mr. Craig. Mr. Craig was arrested on June 11 by an airport police officer and pleaded guilty to misdemeanor disorderly conduct. In exchange, prosecutors dropped a gross misdemeanor charge of interference with privacy. Mr. Craig has since said his plea was a mistake. He filed a request on Monday to withdraw it. |
|
|
|
|
|
Knicks' Thomas in Court As Jury Selection Begins
Court Feed News |
2007/09/11 17:00
|
New York Knicks Coach Isiah Thomas and a former team executive who claims he subjected her to unwanted sexual advances appeared in federal court yesterday as jury selection began in her $10 million sexual harassment lawsuit. Thomas and his accuser, Anucha Browne Sanders, sat stoically within a few feet of each other, both flanked by teams of lawyers. Thomas, also the Knicks' president and considered one of the best players in NBA history, stood and smiled as the judge introduced him to the scores of potential jurors sitting in the gallery. The jury pool was asked to fill out a lengthy questionnaire. One of the questions: "Do you regularly follow professional basketball or consider yourself a fan?" U.S. District Judge Gerard Lynch also read aloud a list of names of possible witnesses, including Knicks players Stephon Marbury and Malik Rose. During individual questioning, the judge dismissed one prospective juror, a coffee trader, after the man revealed his anguish over being fired from a job based on a co-worker's claim of inappropriate touching. A maintenance man and Knicks fan was kept in the pool despite suggesting that game tickets were overpriced and that Thomas's track record as coach was poor. "I can speak freely? The team's not doing too well," he said as Thomas listened nearby. Eight jurors were to be picked for a trial expected to last three weeks, meaning a verdict could come just before the Knicks open training camp. Browne Sanders, a former Northwestern basketball star and married mother of three, wants reinstatement to her job as senior vice president of marketing and business operations. She's also seeking hefty damages after spending five years with the storied franchise. The plaintiff contends she was fired in January 2006 "for telling the truth" while going through internal channels to stop the harassment by Thomas. Madison Square Garden, which owns the team, insisted her dismissal was because she "failed to fulfill professional responsibilities." |
|
|
|
|
|
Court: Release or Retry Death Row Inmate
Criminal Law Updates |
2007/09/11 15:03
|
A death row inmate convicted of setting a fire that killed five children must be released or retried because his constitutional rights were violated when his confession was used at trial, a federal appeals court panel ruled Tuesday. The 6th U.S. Circuit Court of Appeals judges ruled 2-1 that William Garner didn't understand his right to silence when he told police he would waive his Miranda rights against self-incrimination. He gave a taped statement to police, saying he set fire to a Cincinnati apartment with six children inside to destroy evidence of his burglary, according to court records. Garner told police he thought the children would be awakened by the smoke and escape, according to court records. Only one child survived, and Garner, now 34, was convicted of five counts of aggravated murder in the 1992 fire, along with arson and other charges. Judge Karen Nelson Moore, joined by Judge Boyce L. Martin, wrote that evidence showed that Garner, 19 at the time of the statement, was poorly educated and had low intelligence and other limitations directly related to understanding and comprehending his rights. Expert testimony also showed that Garner didn't understand the word "right" or his right to remain silent, their opinion stated. "Thus, admission of his statement at trial was unconstitutional," the opinion stated. Judge John M. Rogers dissented, saying police repeatedly asked and obtained assurance that Garner understood their meaning. The judges granted Garner's request for habeas corpus, which protects inmates from unlawful imprisonment, and ordered his release in 180 days unless the state sets a new trial. The state could ask for the case to be heard by all 14 appeals court judges or appeal to the U.S. Supreme Court. Messages seeking comment were left with Attorney General Marc Dann's office. Kyle Timkin, an assistant state public defender who argued Garner's case, said he was trying to reach his client, who is being held at the Mansfield Correctional Institution. "Obviously, we're thrilled," he said. "It just basically affirms long-standing principles." |
|
|
|
|
|
Judge OKs final settlement in Sprint class action
Class Action News |
2007/09/10 20:02
|
A federal judge in Kansas approved a final settlement in a class-action lawsuit between Sprint Corp. and nearly 1,700 former employees who claimed they were laid off because of their age. The two sides reached a $57 million settlement in May, which got its final approval by District Judge John Lungstrum. Roughly $20 million will go to the nearly 20 attorneys who handled the case for the plaintiffs, as well as other court costs, according to John Phillips, a Blackwell Sanders LLP lawyer who served as special master for the case. Shirley Williams originally filed the discrimination case after she and several other employees were laid off in October 2001. Layoffs occurred again in March 2003. The plaintiffs accused the company of using a computerized performance management system to determine which employees to let go. The plaintiffs contended that the system unfairly singled out employees older than 40. A Sprint Nextel Corp. spokesman said at the time of the settlement agreement in May that the company settled the case to move on with business. A Sprint Nextel representative was not immediately available for comment on Monday. |
|
|
|
|
|
NY’s High Court Hears Death Penalty Arguments
Court Feed News |
2007/09/10 19:54
|
Prosecutors argued on Monday before New York State's highest court that the lone man remaining on the state's death row should face execution despite a landmark 2004 court ruling that effectively invalidated the state's death penalty law. The man, John B. Taylor, 43, was sentenced to death for his role in the murders of five workers at a Wendy's restaurant in Queens seven years ago. The court's decision in the case could determine not only Mr. Taylor's fate, but also the future of the death penalty in New York. No man or woman has been executed in New York since 1963; the court ruled in 2004 that elements of a 1995 law restoring the state's death penalty made it unconstitutional. That decision left it to the State Legislature to modify the law, and opposition to the death penalty among Assembly Democrats has nullified any such effort. But the 2004 decision was closely split, 4 votes to 3, and two of the judges in the majority have since retired. They were replaced by one appointee each of former Gov. George E. Pataki, a strong advocate for the death penalty, and Gov. Eliot Spitzer, who supports capital punishment only under narrow circumstances, as in the case of terrorists and the killers of police officers. As in any death penalty case, the debate before the Court of Appeals on Monday was lengthy and highly technical, touching on dozens of questions of law and as many different elements of Mr. Taylor's crimes and trial. But questioning from the judges focused most intently on the prosecution's argument that the court should revisit its own 2004 decision. In that case, the defendant, Stephen LaValle, was sentenced to death for raping and murdering a Long Island schoolteacher. As required by law, a judge told the jurors that if they could not choose unanimously between a sentence of death and one of life without parole, he would impose a sentence that would make Mr. LaValle eligible for parole after 20 to 25 years. The Court of Appeals ruled in June 2004 that such instructions could coerce deadlocked jurors to vote for the death penalty out of fear that a violent defendant might be released from prison. Mindful of the court's ruling, the trial judge presiding over Mr. Taylor's case, Steven W. Fisher, told a jury that he would "almost certainly" impose consecutive terms totaling more than a century if the decision were left to him, and that Mr. Taylor would be ineligible for parole until every year was served. Mr. Taylor and an accomplice, Craig Godineaux, had forced seven people into a walk-in freezer; bound and gagged the workers, and forced them to kneel before shooting each in the head. Two survived to testify at trial. (Mr. Godineaux, who is mildly retarded, pleaded guilty to murder and is serving a life sentence without parole.) Because of Justice Fisher's careful instructions, Queens prosecutors argued on Monday, the jurors could be confident that Mr. Taylor would not walk free whatever their decision, and had voted to impose the death penalty without fear. Under questioning, prosecutors told the judges that upholding that sentence would not amount to reversing the court's previous decision but would merely clarify part of it. The existing death penalty law could be constitutional in Mr. Taylor's case, said Donna Aldea, an assistant district attorney, even if unconstitutional in others. "There would be no appearance of impropriety if the court unanimously agrees that the final sentence in LaValle, in fact, went too far," said Ms. Aldea. But defense lawyers argued that because the original law that reinstated the death penalty in the state in 1995 had been rendered unconstitutional, absent legislative amendments, any death sentence stemming from it was also unconstitutional. Mr. Taylor's sentence, they said, should be changed to life without parole. The prosecution's reasoning drew sharp questioning from some judges, including Chief Judge Judith S. Kaye. Reversing even one portion of the court's decision, she said, was the equivalent of telling the Legislature, "We didn't mean it." She also described as "fighting words" language in the prosecution's brief suggesting that the court's decision in the LaValle case was "unnecessary, inappropriate, and incorrect." Even Judge Robert S. Smith, who sided against the 2004 decision, noted that overturning the court's own precedent — and one set so recently — would be a "radical" step. |
|
|
|
|
Recent Lawyer News Updates |
|
|