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Today's Date: U.S. Attorney News Feed
Man Pleads Guilty to Killing Reservist
Court Feed News | 2007/08/28 10:13

An man who was having an affair with the wife of a Navy reservist pleaded guilty Monday to murdering the man. Andrew Deshawn Canty, 20, will automatically receive a life sentence for first-degree murder in the 2005 killing of Paul Berkley, 46.

Berkley's widow, Monique Berkley, 27, and Canty's friend, Latwon Johnson, 20, also are charged with first-degree murder in Paul Berkley's death.

Investigators accused Monique Berkley of luring her husband to a park on Dec. 18, 2005, so Canty and Johnson could shoot him and the three could share money from Paul Berkley's insurance policy.

Paul Berkley had just returned from a tour of duty in the Middle East. Investigators said he had learned his wife was having an affair and told his daughter he planned to seek a divorce.



US Attorney General Gonzales resigns
Lawyer Blog News | 2007/08/27 17:35

Alberto Gonzales, the nation's first Hispanic attorney general, announced his resignation Monday, driven from office after a wrenching standoff with congressional critics over his honesty and competence. Republicans and Democrats alike had demanded his departure over the botched handling of FBI terror investigations and the firings of U.S. attorneys, but President Bush had defiantly stood by his Texas friend for months until accepting his resignation last Friday.

"After months of unfair treatment that has created a harmful distraction at the Justice Department, Judge Gonzales decided to resign his position and I accept his decision," Bush said from Texas, where he is vacationing.

Solicitor General Paul Clement will be acting attorney general until a replacement is found and confirmed by the Senate, Bush said.

Homeland Security chief Michael Chertoff was among those mentioned as possible successors, though a senior administration official said the matter had not been raised with Chertoff. Bush leaves Washington next Monday for Australia, and Gonzales' replacement might not be named by then, the official said.

"It has been one of my greatest privileges to lead the Department of Justice," Gonzales said, announcing his resignation effective Sept. 17 in a terse statement. He took no questions and gave no reason for stepping down.

Bush said the attorney general's "good name was dragged through the mud for political reasons." Though some Republicans echoed the president's veiled slap at Democrats, Gonzales had few defenders left in Washington.

Many Republicans actually welcomed his departure, some quietly and others publicly so.

Congressional aides and lawmakers agreed that any nomination of a new attorney general was almost certain to be acrimonious. The easiest prospects, some said, might be a current or former colleague of senators charged with the confirmation. Sen. Arlen Specter, the ranking Republican on the Judiciary Committee, told reporters Monday that he would not accept the job, if offered.

But, he said, another current or former senator "might be just the ticket."

"If you have a former senator or a present senator or somebody who is well known to the Senate or the committee...that's always a big help if you know the person," Specter told reporters in a telephone call as he traveled from Warsaw to Paris.

Asked, too, about whether Chertoff might be a good candidate, Specter replied:

"I think he's a first-rate prospect."

Democratic presidential candidate John Edwards applauded Gonzales' resignation, saying it was "better late than never."

The announcement came as a surprise to many in the administration. Gonzales was tight-lipped about his thinking before going on vacation more than a week ago and aides were planning events for the next several months.

After spending time with his family in Texas, however, and facing the prospect of returning to Washington for months of continued fights with Congress, he called the president on Friday.

The White House has asked anyone staying past Labor Day to stay the remainder of the president's term.

Gonzales, formerly Bush's White House counsel, served more than two years at the Justice Department. In announcing his decision, Gonzales reflected on his up-from-the-bootstraps life story; he's the son of migrant farm workers from Mexico who didn't finish elementary school.

"Even my worst days as attorney general have been better than my father's best days," Gonzales said.

Bush steadfastly — and at times angrily — refused to give in to critics, even from his own GOP, who argued that Gonzales should go.

Earlier this month at a news conference, the president grew irritated when asked about accountability in his administration and turned the tables on the Democratic Congress.

"Implicit in your questions is that Al Gonzales did something wrong. I haven't seen Congress say he's done anything wrong," Bush said testily at the time. Actually, many in Congress had accused Gonzales of wrongdoing.

After the 52-year-old Gonzales called Bush Friday, the president had him come to lunch at his ranch on Sunday as a parting gesture, a senior administration official said.

Gonzales, whom Bush once considered for appointment to the Supreme Court, is the fourth top-ranking administration official to leave since November 2006, following Defense Secretary Donald H. Rumsfeld, Paul Wolfowitz, who had a high-ranking Pentagon job before going to the World Bank as its president, and top political and policy adviser Karl Rove.

Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., reacted to the announcement by saying the Justice Department under Gonzales had "suffered a severe crisis of leadership that allowed our justice system to be corrupted by political influence."

As attorney general and earlier as White House counsel, Gonzales pushed for expanded presidential powers, including the eavesdropping authority. He drafted controversial rules for military war tribunals and sought to limit the legal rights of detainees at Guantanamo Bay — prompting lawsuits by civil libertarians who said the government was violating the Constitution in its pursuit of terrorists.

"Alberto Gonzales was never the right man for this job. He lacked independence, he lacked judgment, and he lacked the spine to say no to Karl Rove," said Senate Majority Leader Harry Reid, D-Nev.

In a warning to the White House, Reid suggested that investigations into the Justice Department will not end until Congress gets "to the bottom of this mess."

One matter still under investigation is the 2006 dismissal of several federal prosecutors, who serve at the president's pleasure. Lawmakers said the action appeared to be politically motivated, and some of the fired U.S. attorneys said they felt pressured to investigate Democrats before elections.

Gonzales maintained that the dismissals were based the prosecutors' lackluster performance records.

In April, Gonzales answered "I don't know" and "I can't recall" scores of times while questioned by Congress about the firings. Even some Republicans said his testimony was evasive.

Not Bush. The president praised Gonzales' performance and said the attorney general was "honest" and "honorable."

In 2004, Gonzales pressed to reauthorize a secret domestic spying program over the Justice Department's protests. Gonzales was White House counsel at the time and during a dramatic hospital confrontation he and then-White House chief of staff Andrew Card sought approval from then-Attorney General John Ashcroft, who was in intensive care recovering from surgery. Ashcroft refused.

Similarly, Gonzales found himself on the defensive as recently as March because of the FBI's improper and, in some cases, illegal prying into Americans' personal information during terror and spy probes.



Court affirms Prairie State EPA approval
Lawyer Blog News | 2007/08/27 14:40

Peabody Energy said Monday that the air permit for the Prairie State Energy Campus was unanimously affirmed by a three-judge panel from the Seventh Circuit of the U.S. Court of Appeals. The Prairie State Energy Campus is a $2 billion, 1,600-megawatt power plant and coal mine project in Lively Grove, Ill., being developed by a consortium of Midwest utilities, including St. Louis-based Peabody Energy.

The court's decision means that Prairie State's advanced technologies will meet or exceed compliance with state and federal regulations to protect the environment. The decision ends a six-year regulatory review process that included approval by the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency.

Prairie State will provide electricity to hundreds of communities from Missouri to Virginia. Equity partners include: American Municipal Power- Ohio; the Illinois Municipal Electric Agency; Indiana Municipal Power Agency; Kentucky Municipal Power Agency; Missouri Joint Municipal Electric Utility Commission; Northern Illinois Municipal Power Agency; and Prairie Power Inc.

St. Louis-based Peabody Energy (NYSE: BTU) is one of the world's largest coal producers.



European giants in class action over BA cargo price-fixing
Legal World News | 2007/08/27 13:42

BRITISH Airways could be forced to pay out hundreds of millions of pounds to settle a class action lawsuit relating to cargo price-fixing, it emerged yesterday.

Several European blue-chip companies, including Ikea, Volvo and TNT, are said to have joined the lawsuit and noted that BA has set aside £350 million to pay fines.

The airline has already paid out $300m (£174m) levied by the US department of justice (DoJ). Two thirds was related to cargo price-fixing and $100m concerned price-fixing related to passengers.

According to documents filed to a US district court, the class action suit concerns shipments valued at $29 billion. Ten present and former BA executives, including the current director of operations, have not received protection from prosecution under a plea agreement between the airline and US prosecutors investigating the price-fixing conspiracy.

BA said four of the ten still worked for the airline.

Three weeks ago, Willie Walsh, BA's chief executive, assured customers and the media that only a "very limited number of individuals" were involved in the two illegal cartels through which BA had fixed the fuel surcharges.

Yet papers released by the DoJ have confirmed that the corruption inquiry into BA went beyond Martin George, its former commercial director, and Iain Burns, its former head of communications, the only two named in the press before this weekend.

The DoJ said it was "carving out" ten current and former senior BA executives from an immunity deal that will settle BA's criminal liability in the US. The individuals, who have yet to be charged, could face criminal prosecution and, ultimately, jail.



Vick may face long road back to the gridiron
Headline News | 2007/08/27 11:40
By agreeing to plead guilty for his role in an illegal dogfighting outfit, Atlanta Falcons quarterback Michael Vick took the first step toward putting 1915 Moonlight Road - the home of Bad Newz Kennels - behind him.

But getting back to the gridiron will be an uphill battle, even for a superstar who is one of the National Football League's top draws, analysts say. Although other NFL players have returned to the game after brushes with the law, Mr. Vick's involvement in dogfighting and allegations that he drowned underperforming dogs have repelled many Americans.

"The situation with Vick is about gambling, it's about cruelty, and it's coming at a time when there's a lot of focus on athletes' behavior," says David Carter, director of the Sports Business Institute at the University of Southern California. "I don't see how he's able to [come back] with all those things in mind."

A recent NBC poll found that 34 percent of respondents had a very negative perception of Vick, while only 1 percent had a very positive perception.

Vick's football career bloomed but never quite blossomed after he was picked first by Atlanta in the 2001 draft. His scrambling ability gave opposing defenses fits. Last year, he became the first NFL quarterback to rush for 1,000 yards in a season. Although the Falcons have had up-and-down seasons under his leadership, Vick became a serious NFL fan favorite. Only wide receiver Randy Moss sold more jerseys.

But the same year he joined the NFL, Vick opened Bad Newz, indictments say. Allegations say that, on at least three occasions, Vick traveled between Atlanta, South Carolina, and Virginia to fight the dogs for money, with some stakes rising to over $10,000 per fight.

A new federal law that makes it a felony to take fighting dogs across state lines carries a maximum sentence of five years in prison and a fine of up to $250,000. Vick's guilty plea most likely would reduce his jail time. Two of his codefendants in their plea agreements received sentences of 12 to 18 months. Theoretically, that length of sentence would allow Vick to return to the NFL for the 2009 season.

But Vick's admission of guilt also adds pressure to already stressed relationships with Falcons owner Arthur Blank, NFL commissioner and ?ber-disciplinarian Roger Goodell, and football fans - all of whom have previously heard Vick plead his innocence.

"Michael Vick is going to have to make a significant act of contrition and embrace a new way of life, and show that he's worthy of redemption to both the NFL and the fans," says Rich Hanley, a pop-culture expert at Quinnipiac University in Hamden, Conn.
To be sure, several other NFL players have come back from felony cases, to various levels of success. In return for testimony against the prime suspects, authorities allowed Baltimore Ravens linebacker Ray Lewis to plead guilty to a misdemeanor charge for obstruction of justice in a trial resulting from a double-slaying at an Atlanta Super Bowl party in January 2000. Mr. Lewis missed the Pro Bowl that year, but returned to not just rebuild his name, but bolster his profile and play in subsequent seasons.
Players like Bam Morris, Art Schlicter, Leonard Little, and Tamarick Vanover have all returned to play after facing serious criminal charges. Mr. Vanover got a second chance with the Chargers in 2002 even after admitting to undercover FBI agents that he set up a $40,000 drug deal.

"My cynical self says that you can do just about anything in the NFL as long as you perform on the field," says Stephen Mosher, a sports management expert at Ithaca College in New York.

In allowing such second chances, sports experts say, both the league and the fans implicitly acknowledge that players are sometimes recruited from the fringes of society and often from poor, rural areas in the South where activities such as dogfighting, while not legal, may be somewhat acceptable.

"You're not [always] going to get choirboys playing this game, it's that simple," says Mr. Mosher. "At the same time, Mike Vick touched the third rail: You don't mess with people's pets."

The NFL is conducting its own investigation. "We totally condemn the conduct outlined in the charges, which is inconsistent with what Michael Vick previously told both our office and the Falcons,"the league said in a statement. The Vick case is the biggest test yet of Commissioner Goodell's push to clean up the league.

The pigskin wunderkind from Newport News, Va., may have to go beyond contrition to win back his lost public - not to mention as much as $100 million in lost compensation and endorsements.

"I don't know of anything quite like this in sports history, so it's hard to say how the public will eventually react," says Mr. Hanley. "Coming back [for Vick] will be a process, not an event."

It's dubious that Vick will return to the Atlanta Falcons. Any general manager who considers Vick in the future will have to weigh his explosive abilities against a potential PR nightmare. And what city is looking for a quarterback? Jacksonville and Tampa might need someone in 2009, but could they find a role for a left-handed tosser with limited playoff experience, even if he came as a bargain?

"Mike Vick doesn't quite fit into that thuggish perception that we have of NFL players," says Alan Caruba, a public relations consultant in South Orange, N.J. "But will this episode sober him sufficiently to understand who he is and his place in this world? That's anybody's guess."


Illinois court won't reopen Philip Morris case
Legal Career News | 2007/08/24 15:51

The Illinois Supreme Court denied requests that would have reopened a case filed by the state's smokers of "light" cigarettes against Philip Morris USA, according to a court document. The 4-2 ruling, posted on the court's Web site on Wednesday, stamps out efforts by plaintiffs to resurrect the failed case against the largest U.S. cigarette maker, a unit of Altria Group Inc.

Plaintiffs in the case had sued the company on behalf of Illinois residents who bought light cigarettes since the introduction of Marlboro Lights in 1971.

The lower court had found in favor of the plaintiffs and awarded them $10.1 billion in damages, but the decision was overturned by the state Supreme Court, which also directed the lower court to dismiss the action last year.

In May this year, however, after the U.S. Supreme Court took up another case against Philip Morris, the circuit court of Madison County asked whether it had jurisdiction to consider the plaintiff's request to set aside the Illinois Supreme Court's judgment in light of new developments.

But on Wednesday, the state Supreme Court denied the request and directed the lower court to enter an order dismissing the plaintiffs' motion.

Two Illinois Supreme Court justices, however, dissented.

"The court's action today is entirely predictable because it quickly and quietly closes the book on a case that a majority of this court, I am sure, would rather forget," Justice Charles Freeman wrote in his dissent.



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