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N.Y. City Man Pleads Guilty to Human Trafficking Charge
Lawyer News | 2007/01/13 00:27

A man from Queens, N.Y., pleaded guilty today to attempting to recruit a Korean woman whom he believed to be a minor to work as a prostitute, the Justice Department announced today.

Do Hyup Bae pleaded guilty to charges relating to the operation of a network of over 25 Korean-owned brothels that were located throughout the northeastern part of the United States, including New York, Massachusetts, Rhode Island, Connecticut, Pennsylvania, Maryland, Virginia and the District of Columbia. Several of these brothels were located in Queens, N.Y.

"This case illustrates the complexity and scope of human trafficking operations," said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. "The Justice Department is committed to investigating and prosecuting those who would profit from the systematic abuse of others."

According to the superseding indictment, the brothels, which were operated under the cover of legitimate businesses, typically employed between two and eight prostitutes, the majority of whom were Korean nationals who had entered the country on tourist visas. The defendant faces a maximum sentence of up to 40 years in prison, a $250,000 fine and restitution payments for human trafficking charges.

The prosecution of individuals involved in human trafficking is a top priority of the Justice Department. In the last six fiscal years, the Civil Rights Division, in conjunction with U.S. Attorneys' Offices, has increased by six-fold the number of human trafficking cases filed in court, compared to the previous six years.

The case was investigated by special agents of the Federal Bureau of Investigation and U.S. Bureau of Immigration and Customs Enforcement. This case is being prosecuted by Trial Attorney Solette Magnelli of the Civil Rights Division and Assistant U.S. Attorney Pamela Chen of the Eastern District of New York.



N.Y. City Man Pleads Guilty for Human Trafficking
Criminal Law Updates | 2007/01/12 23:27

A man from Queens, N.Y., pleaded guilty today to attempting to recruit a Korean woman whom he believed to be a minor to work as a prostitute, the Justice Department announced today.

Do Hyup Bae pleaded guilty to charges relating to the operation of a network of over 25 Korean-owned brothels that were located throughout the northeastern part of the United States, including New York, Massachusetts, Rhode Island, Connecticut, Pennsylvania, Maryland, Virginia and the District of Columbia. Several of these brothels were located in Queens, N.Y.

This case illustrates the complexity and scope of human trafficking operations, said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. The Justice Department is committed to investigating and prosecuting those who would profit from the systematic abuse of others.

According to the superseding indictment, the brothels, which were operated under the cover of legitimate businesses, typically employed between two and eight prostitutes, the majority of whom were Korean nationals who had entered the country on tourist visas. The defendant faces a maximum sentence of up to 40 years in prison, a $250,000 fine and restitution payments for human trafficking charges.

The prosecution of individuals involved in human trafficking is a top priority of the Justice Department. In the last six fiscal years, the Civil Rights Division, in conjunction with U.S. Attorneys' Offices, has increased by six-fold the number of human trafficking cases filed in court, compared to the previous six years.

The case was investigated by special agents of the Federal Bureau of Investigation and U.S. Bureau of Immigration and Customs Enforcement. This case is being prosecuted by Trial Attorney Solette Magnelli of the Civil Rights Division and Assistant U.S. Attorney Pamela Chen of the Eastern District of New York.



German court refuses Moroccan's appeal
Court Feed News | 2007/01/12 23:25

Germany’s highest court, the Federal Constitutional Court in Karlsruhe, announced Friday that it will not hear the appeal of the 15-year sentence of convicted September 11 conspirator Mounir al-Motassadeq. Moroccan-born Motassadeq has another appeal to German appellate courts filed, but it is unknown when it will be considered. Lawyers for Motassadeq have also said they may take the case to the European Court of Justice.

Motassadeq admitted to attending an al-Qaeda training camp in Afghanistan and being friends with some of the Sept. 11 hijackers, but denies knowledge of the attack. The court found Motassadeq guilty because he knew his accomplices planned to hijack planes, even if he remained ignorant as to the details of the attacks. The court also found that Motassadeq aided the hijackers by funneling money and helping them maintain appearances of being university students. Motassadeq's defense team hoped to force a new trial with witnesses previously prevented from testifying by the United States government. Motassadeq's first conviction was overturned in 2004, in part due to concerns over access to witnesses, but on retrial American officials refused to allow terror suspects in US custody to testify in court, instead agreeing only to provide summaries of its interrogations of prisoners.



Posada Faces Seven Charges, None for Terrorism
Legal Career News | 2007/01/12 22:28

A federal grand jury in the Western District of Texas has returned a seven-count indictment charging Luis Posada Carriles with one count of naturalization fraud and six counts of making false statements in a naturalization proceeding, the Department of Justice announced today.

The indictment alleges that Posada, 78, a native of Cuba, knowingly attempted to obtain naturalization as a U.S. citizen unlawfully by making false statements on his application for naturalization on or about Sept. 10, 2005. The indictment also alleges that he knowingly made false statements under oath during his naturalization interview with Department of Homeland Security (DHS) officials on April 25 and 26, 2006.

In his naturalization interview, Posada allegedly made several false statements regarding his March 2005 entry into the United States, including statements about the transportation routes and methods used, as well as individuals who accompanied him. For example, he stated that he traveled from Honduras through Belize and entered the United States over land near Matamoros, Mexico, and Brownsville, Texas, with the assistance of an unidentified alien smuggler. In fact, Posada entered the United States by sea aboard the motor vessel “Santrina” accompanied by four individuals, the indictment alleges.

Posada further stated in his naturalization interview that he had never had any type of documentation, passport or identification from the Republic of Guatemala, when, in fact, he had a fraudulent passport issued by that nation bearing his photograph in the name of “Manuel Enrique Castillo Lopez,” the indictment alleges.

Posada is currently detained by DHS’s U.S. Immigration and Customs Enforcement on administrative immigration violations. His initial court appearance in connection with the criminal charges is expected to take place early next week before a U.S. magistrate judge in the Western District of Texas.

If convicted, the defendant faces a maximum sentence of ten years imprisonment for the naturalization fraud count and five years imprisonment for each of the false statement counts.

This case was investigated by ICE. The prosecution is being handled by David B. Deitch and Paul Ahern, Trial Attorneys with the Justice Department’s National Security Division.

The federal investigation of Posada continues.

An indictment is merely a formal allegation that a defendant has committed a violation of federal criminal laws. Every defendant is presumed innocent unless and until proven guilty.



China court upholds sentence of rights activist
Legal World News | 2007/01/12 22:25

A Chinese court rejected the final appeal Friday of Chen Guangcheng, a blind Chinese human rights legal activist, who was sentenced to four years and three months in prison for damaging property and "organizing a mob to disturb traffic." The Intermediate Court in Linyi city upheld the verdict and sentence after a Chinese intermediate appellate court ordered a retrial of Chen's case in November.

Chen claims the charges are retribution for his documentation of forced sterilizations and abortions performed by Chinese officials to enforce China's one-child policy. Chen was tried without the assistance of his team of prominent Chinese lawyers, who were arrested during the trial on charges of stealing a wallet. Human rights activists in China  characterize Chen's prosecution as indicative of China's uncompromising stance against public dissent.



Moss Adams New Audit Firm for Cherokee, Inc.
Headline News | 2007/01/12 20:51

SALT LAKE CITY-ZEVEX International, Inc. (NASDAQ: ZVXI) has executed a definitive Merger Agreement with Moog Inc. (NYSE: MOG.A and MOG.B). Upon the closing of the merger, ZEVEX will become a wholly-owned subsidiary of Moog. The merger is expected to close in March, 2007.

Upon the closing of the merger, each share of ZEVEX common stock that is issued and outstanding immediately prior to the closing, and each outstanding restricted stock unit that is convertible into shares of ZEVEX common stock, will be converted into the right to receive from Moog $13.00 in cash. Each outstanding option for shares of common stock will automatically be converted into the right to receive $13.00 per share for each share of common stock that is purchasable pursuant such option, less the per share exercise price of each such share. The maximum aggregate purchase price in the merger is $83.8 million. Moog intends to pay this purchase price from an existing line of credit.

The per share price of $13.00 represents a premium of approximately 36 percent above the average trading price of ZEVEX common stock during the past 30-day period. A.G. Edwards & Sons, Inc. was engaged to act as financial advisor to ZEVEX's Board of Directors and delivered an opinion to the Board that, as of the date of the opinion, the consideration to be received by the shareholders pursuant to the terms of the merger agreement is fair, from a financial point of view, to the shareholders of ZEVEX. The law firm of Jones, Waldo, Holbrook and McDonough acted as legal advisors to ZEVEX.

The merger is subject to certain conditions, including regulatory approval and approval by ZEVEX stockholders. ZEVEX will solicit approval of the merger from its stockholders by means of a proxy statement, which will be mailed to ZEVEX stockholders upon completion of the required filing and review process by the Securities and Exchange Commission. That proxy statement and other relevant documents filed with the Securities and Exchange Commission will contain information about ZEVEX, Moog, and the proposed merger. STOCKHOLDERS ARE URGED TO READ THE PROXY STATEMENT AND OTHER RELEVANT DOCUMENTS CAREFULLY WHEN THEY ARE AVAILABLE BECAUSE THEY WILL CONTAIN IMPORTANT INFORMATION THAT STOCKHOLDERS SHOULD CONSIDER BEFORE MAKING A DECISION ABOUT THE MERGER. In addition to receiving the proxy statement by mail, stockholders will also be able to obtain the proxy statement, as well as other filings (including annual, quarterly and current reports) containing information about ZEVEX, without charge, at the Securities and Exchange Commission’s website (http://www.sec.gov). Stockholders may also obtain copies of these documents without charge by requesting them from ZEVEX in writing at 4314 ZEVEX Park Lane, Salt Lake City, Utah, 84123, or by phone at (801) 264-1001, extension 203.

Following the merger, ZEVEX will become a part of Moog’s Medical Devices Segment. ZEVEX will continue normal operations through its two primary divisions, Applied Technology and Therapeutics, located in Salt Lake City. ZEVEX President and Chief Executive Officer, David J. McNally, said, “We are delighted to announce our acquisition by Moog. We are pleased that our operations will remain in Salt Lake City, where 178 employees continue to serve the customer base that we have developed over the past 20 years. For our customers, we will expand our offering of fluid delivery technologies, based upon Moog’s electronic and disposable infusion products, as well as on Moog’s proven fluid management expertise in demanding industrial, commercial aircraft, and aerospace applications.”

Martin Berardi, Vice President and head of the Medical Devices Segment of Moog, said, “This acquisition is a perfect fit, based upon the excellent product offering and quality reputation of ZEVEX. We believe that ZEVEX’s personnel, technology portfolio, and existing customer base provide a platform on which we can generate new growth in fluid delivery applications, including enteral feeding, and from which we can expand our product lines of medical sensors and surgical tools.”



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