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WikiLeaks Poses Legal Challenges for US Prosecutors
Legal Career News | 2010/12/20 15:42

The U.S. Justice Department is reportedly considering whether to file espionage charges against the WikiLeaks Web site and its founder Julian Assange. The case has raised broad legal questions about how the government will protect the freedom of information and an open Internet, while also protecting privacy and national security.

It has been a big year for Internet freedom in the United States. In January, Secretary of State Hillary Clinton made freedom of expression on the Web a top foreign policy concern.

"This freedom is no longer defined solely by whether citizens can go into the town square and criticize their government without fear of retribution," Clinton said. "Blogs, emails, social networks, and text messages have opened up new forums for exchanging ideas, and created new targets for censorship."



Biden defends White House compromise on tax cuts
Law & Politics | 2010/12/20 03:18

Vice President Joe Biden defended the Obama administration for its willingness to extend tax cuts for top earners, despite earlier promises that he and the president would fight against the Bush-era policy.

"We got to the end, we couldn't get it done, and we had to make a decision," Biden said about President Barack Obama's compromise with Republicans to allow tax cuts across the income scale to continue.

The vice president told NBC's "Meet The Press" in an interview broadcast Sunday that he and Obama still believe tax cuts for the wealthiest are "morally troubling" and that they would fight to avoid renewing the cuts when they expire in 2012.

"The one target for us in two years is no longer extending the upper income tax credit for millionaires and billionaires," Biden said.

Since his campaign for president in 2008, Obama has said income tax rates should rise for single taxpayers with gross incomes over $200,000 and married couples with incomes over $250,000. His first budget, submitted a year ago, included plans for those tax increases.

With the economy still struggling, Biden said the tax-cut extensions will provide certainty to the public and to businesses, and the administration hopes they will spur hiring and growth. A more robust economy, Biden said, would allow the president to make a stronger case for eliminating the cuts for the wealthy.




Arizona, Nevada sue BofA over loan modifications
Court Feed News | 2010/12/20 03:15

Attorneys general in Arizona and Nevada filed civil lawsuits Friday against Bank of America Corp., alleging that the lender is misleading and deceiving homeowners who have tried to modify mortgages in two of the nation's most foreclosure-damaged states.

Bank of America violated Arizona's consumer fraud law by misleading consumers who tried to reduce their monthly payments to keep their homes, state Attorney General Terry Goddard said. The bank also violated the terms of a 2009 consent agreement requiring its Countrywide mortgage subsidiary to implement a loan modification program, the Arizona lawsuit alleges.

Hundreds of homeowners kept making their mortgage payments because Bank of America repeatedly assured them that their loans were being modified, Goddard said. Instead, many lost their homes anyway.

"Those people could have used that money for something else," Goddard told The Associated Press. "They were deceived into continuing to make mortgage payments when they had no hope of saving their homes."

Nevada Attorney General Catherine Cortez Masto told the AP that the Silver State's lawsuit was a last resort to try to get the bank to change its ways. It was filed after several discussions with bank managers led to assurances but little more.

"Clearly there is a disconnect between what Bank of America tells me at the management level and what's happening on the front line," Masto said.



New population count may complicate Obama 2012 bid
U.S. Legal News | 2010/12/19 21:18
The 2010 census report coming out Tuesday will include a boatload of good political news for Republicans and grim data for Democrats hoping to re-elect President Barack Obama and rebound from last month's devastating elections.

The population continues to shift from Democratic-leaning Rust Belt states to Republican-leaning Sun Belt states, a trend the Census Bureau will detail in its once-a-decade report to the president. Political clout shifts, too, because the nation must reapportion the 435 House districts to make them roughly equal in population, based on the latest census figures.

The biggest gainer will be Texas, a GOP-dominated state expected to gain up to four new House seats, for a total of 36. The chief losers — New York and Ohio, each projected by nongovernment analysts to lose two seats — were carried by Obama in 2008 and are typical of states in the Northeast and Midwest that are declining in political influence.

Democrats' problems don't end there.

November's elections put Republicans in control of dozens of state legislatures and governorships, just as states prepare to redraw their congressional and legislative district maps. It's often a brutally partisan process, and Republicans' control in those states will enable them to create new districts to their liking.



Austrian bank strikes back at Madoff NY trustee .
Lawyer Blog News | 2010/12/19 17:20
An Austrian bank accuses the trustee recovering money for victims of Bernard Madoff's fraud of going after the bank and its principal shareholder as part of an "international witch-hunt."

In a statement out of Vienna, 2020 Medici — formerly known as Bank Medici — blames court-appointed trustee Irving Picard for unfairly casting blame for Madoff's fraud on the bank and Sonja Kohn.

The bank said the claims "are completely unfounded and untrue."

Last Friday, Picard filed papers in federal bankruptcy court in Manhattan saying that Kohn was in essence Madoff's "criminal soul mate."



Bank of America stops handling WikiLeaks payments
Business Law Info | 2010/12/18 19:16

Bank of America Corp. has joined several other financial institutions in refusing to handle payments for WikiLeaks, the latest blow to the secret-releasing organization's efforts to continue operating under pressure from governments and the corporate world.

The Charlotte, N.C.-based bank's move adds to similar actions by Mastercard Inc. and PayPal Inc. Though previous moves have prompted reprisals by hackers, Bank of America's site is as well-protected as they come, security experts say.

Its site was problem-free through midafternoon Saturday.

"This decision is based upon our reasonable belief that WikiLeaks may be engaged in activities that are, among other things, inconsistent with our internal policies for processing payments," the bank said in a statement Saturday. The move was first reported by The Charlotte Observer.

Earlier this month, Internet "hacktivists" operating under the label "Operation Payback" claimed responsibility in a Twitter message for causing technical problems at the MasterCard website after it ended its relationship with WikiLeaks. PayPal saw its website subject to an attack that slowed it down but did not significantly affect payments.

Bank of America's website offers access to customer accounts through its home page, but it could be a tough nut for hackers to crack, security experts say.



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