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Hicks could face Australian control order after release
U.S. Legal News |
2007/04/02 04:27
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The Australian Federal Police will determine whether Guantanamo Bay military prison detainee David Hicks will be subject to a control order when released from prison later this year, members of the Australian government said Sunday. On Friday a US military commission recommended sentencing Hicks to seven years in prison; all but nine months of that were effectively suspended by a military judge under the terms of a plea agreement kept secret from the panel of military officers during its deliberations. Hicks is expected to be returned to Australia to serve his prison term within two months, after having already spent more than five years in US custody since being captured in Afghanistan. The controversial "control orders" authorized under Australia's 2005 anti-terror legislation allow "the overt close monitoring of terrorist suspects who pose a risk to the community." The first such order was issued in August 2006 and is still undergoing an appellate court challenge. Similar orders have been called unconstitutional in the European Union. Hicks' lawyer said Sunday that he plans to return to school and will not be a threat, but Australian officials have called him "dangerous" and seek closer surveillance. |
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Another Enron in Europe?
Attorney Blogs |
2007/04/02 02:02
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Many European businesses are failing to effectively implement corporate governance codes which is heightening the risk of a serious corporate scandal on the scale of that involving Enron, new research claims. A poll of Europe's 500 largest publicity listed firms found just 56 percent had the necessary policies in place to protect against ethic and compliance failures, with only 9 percent expecting budgets aimed at addressing the issue to increase. The worrying figures were despite three-quarters of respondents predicting greater pressure from stakeholders for improved ethics and compliance programs. The report by Integrity Interactive and the Association of Corporate Counsel (ACC) also found that although 99 percent of companies had a code of conduct or value and principles statement prescribing what staff can or cannot do, only half ensured that all employees were made to read it. In addition, a quarter of companies confessed to sending their code to selected employees even though 72 percent believed that the entire workforce should be privy to it. Frederick J. Krebs, ACC president, said: "Companies in the U.S. have spent the last several years ratcheting up their efforts on ethics and compliance but many of their European counterparts still have more work to do. "For any ethics and compliance program to be effective and successful, it is vital that adequate steps are taken to ensure that all employees understand the policies in place. It is not good enough to have codes of practice buried on an Intranet site where employees have to proactively seek them out. "Therefore training on codes and policies and the evaluation of levels of understanding of these, play a significant role in protecting a business against scandal and without it many could be heading for trouble." |
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Hick's father says plea deal proves case corruption
Lawyer Blog News |
2007/04/01 17:23
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Guantanamo inmate David Hicks, gagged from speaking to the media, will soon return to Australia from Cuba under a plea deal that reflects the weakness of the prosecution case and political needs of a close US ally, his father said today. "The military commission system is transparent all right – transparently corrupt," Terry Hicks said, exuberant about the leniency of his son's sentence but still furious about the treatment the 31-year-old Muslim convert has endured for five years. David Hicks will serve a nine-month sentence in a prison in his hometown of Adelaide after admitting last week that he aided al-Qaida in a plea deal at the US naval base at Guantanamo Bay. The deal prevents him from talking to the media for 12 months or pursuing his allegations of abuse while in US custody. Legal observers and opposition lawmakers have joined Terry Hicks in saying the deal is tailored to remove potential political embarrassment for Australian Prime Minister John Howard, who will seek his fifth three-year term as national leader at elections due later this year. |
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Judge tosses out rules for managing forests
Legal Career News |
2007/04/01 17:19
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A federal district judge in San Francisco has ruled that the US Forest Service violated environmental laws when it promulgated a 2005 regulation governing the management of national forests. On motions for summary judgment in combined lawsuits brought by environmental groups, US District Judge Phyllis Hamilton of the Northern District of California Friday enjoined the Forest Service from enforcing the rule "until it has fully complied" with the Endangered Species Act and the National Environmental Policy Act. Hamilton found that the 2005 regulation, which gave national forest managers more discretion in allowing logging, mining and other activities, had been adopted without adequate procedural safeguards, environmental reviews and public comment. Hamilton wrote: The agency was required to undertake some type of consultation, informal or otherwise, prior to making a conclusive determination that there would be no effect. Given the 2005 Rule's potential indirect effects on listed species, combined with the USDA's lack of documentation in support of their "no effect" determination, the failure to consult and/or prepare any type of biological analysis in conjunction with the 2005 Rule was arbitrary and capricious. At the same time, Hamilton declined to reinstate a 1982 regulation, as the environmental groups had sought. Rodger Schlickeisen, president of Defenders of Wildlife, one of the plaintiff groups, praised Hamilton's ruling, saying:
The Bush administration reversed decades of progress in managing national forests, without considering the impacts on wildlife and the environment. The administration also cut the public out of the loop when considering these large-scale changes to how our nation's forests are managed.
US Justice Department officials are considering an appeal. |
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Milan woman indicted on bank fraud charges
Criminal Law Updates |
2007/04/01 17:15
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A Milan woman has been indicted by a federal grand jury in Jackson on bank fraud and income tax evasion charges, according to a Friday release from David Kustoff, United States Attorney for the Western District of Tennessee. Donna L. Hardy, 48, of Milan, was charged with 12 counts of bank fraud and five counts of income tax evasion in a sealed indictment returned on Tuesday.
She made her initial court appearance on Wednesday, the release said. According to the indictment, Hardy was employed by The Dedmon Company as a bookkeeper until it merged with Milan Box Corp. in March of 2002.
Hardy then was employed by Milan Box as a plant accountant. The indictment charges that from March 25, 2002 until around December 17, 2004, Hardy devised a scheme to defraud the former Union Planter's National Bank, now called Regions Bank. Prosecutors said Hardy did not close bank accounts that belonged to Dedmon upon the merger of the two companies as she was instructed to do. Instead, Hardy transferred funds from Milan Box accounts into the bank accounts belonging to Dedmon that were supposed to have been closed, the indictment said. Hardy then transferred funds from this account to her personal bank accounts. The indictment lists more than $232,000 in fraudulent transfers from Milan Box accounts to Dedmon accounts. In addition, the indictment charges Hardy with five counts of income tax evasion for the years 2000 through 2004. According to the indictment, Hardy did not report over $250,000 in income on her federal income tax returns filed for these years. This resulted in a tax loss to the government of over $58,000. This investigation was conducted by the U.S. Secret Service and IRS Criminal Investigation. |
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Court Revokes Citizenship of Former Nazi Policeman
Court Feed News |
2007/03/31 17:45
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A federal judge in Detroit has revoked the U.S. citizenship of John (Ivan) Kalymon of Troy, Mich., because he shot Jews in 1942 while serving in a Nazi-sponsored police unit that helped liquidate a Nazi-created Jewish ghetto in German-occupied Poland, Assistant Attorney General Alice S. Fisher for the Criminal Division announced today. U.S. District Judge Marianne O. Battani found that Kalymon served in the 5th Commissariat (later designated the 7th) of the Nazi-operated Ukrainian Auxiliary Police (UAP) during World War II, in the city of L’viv. (That city, now in western Ukraine, was part of Poland until 1939.) The judge concluded that the 5th/7th Commissariat, along with other armed L’viv UAP units and other forces, rounded up Jews, shot Jews, prevented Jews from escaping, and transferred Jews to forced labor camps or killing sites for mass execution. Judge Battani further found, largely on the basis of captured wartime reports, that Kalymon shot Jews during these roundups. More than 100,000 Jews in L’viv were killed or displaced between 1942 and 1943 in part as a result of actions by the UAP in which Kalymon participated, according to Judge Battani. Assistant Attorney General Fisher said, “The court’s ruling confirms that individuals who participated in genocide will not be permitted to retain the privilege of American citizenship.” Kalymon entered the United States from Germany in 1949 and became a U.S. citizen in 1955. Judge Battani found that he was not eligible for citizenship because his service to Nazi Germany made him ineligible to immigrate to the U.S. She specifically found that he was ineligible to immigrate because Kalymon “assisted in the persecution of civil populations,” “advocated or acquiesced in activities or conduct contrary to civilization and human decency,” and lied about his UAP service when he applied for a visa to the U.S. “Irrefutable evidence, including a handwritten report prepared by Kalymon in which he accounted to his superiors for ammunition he expended in shooting Jews, proved his participation in Nazi genocide. It has taken 62 long years, but history has at last caught up with John Kalymon,” said Office of Special Investigations (OSI) Director Eli M. Rosenbaum. OSI investigated the case and prosecuted it, in partnership with the U.S. Attorney’s Office for the Eastern District of Michigan. The case was tried in Detroit last fall by OSI senior trial attorneys Jeffrey L. Menkin, William H. Kenety V, and Todd Schneider. The proceedings to denaturalize Kalymon were instituted in 2004 by OSI and the U.S. Attorney’s Office in the Eastern District of Michigan. |
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