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Chinese court sentences US geologist to 8 years
Legal World News | 2010/07/05 16:23

An American geologist detained and tortured by China's state security agents over an oil industry database was jailed for eight years Monday in a troubling example of China's rough justice system and the way the U.S. government handles cases against its citizens.

Beijing's No. 1 Intermediate People's Court convicted Xue Feng of collecting intelligence and illegally providing state secrets and immediately sentenced him.

Xue's lawyer Tong Wei described the sentence as "very heavy", just short of the maximum 10 years, and said he would confer with Xue over whether to appeal. Xue was also fined 200,000 yuan ($30,000).

The U.S. Ambassador to China, Jon Huntsman, witnessed the sentencing in a show of high-level U.S. government concern about the case. Afterward, the U.S. Embassy released a statement saying it was dismayed and urged China to grant Xue "humanitarian release and immediately deport him."

For Xue, the verdict comes more than six months since the last court hearing and two and a half years after he was detained — a protracted prosecution and pretrial detention that Chinese officials never explained.

Born in China and trained at the University of Chicago, Xue ran afoul of the authorities for arranging the sale of a detailed commercial database on China's oil industry to IHS Energy, the energy consulting firm he worked for that is now known as IHS Inc. and based in Colorado.



Longtime civil rights lawyer William Taylor dies
Attorneys News | 2010/07/05 16:22

William L. Taylor, a Washington lawyer and civil rights activist who fought in courts and in government to desegregate schools, has died. He was 78.

His oldest daughter, Lauren Taylor, says he died Monday of complications from a fall.

Taylor began advocating for civil rights while working for the NAACP Legal Defense and Educational Fund alongside Thurgood Marshall.

Taylor served as general counsel and staff director to the U.S. Commission on Civil Rights during the Kennedy and Johnson administrations. He led research that contributed to the 1964 Civil Rights Act, the 1965 Voting Rights Act and the 1968 Fair Housing Act.

In the 1980s, he led negotiations that established a voluntary school desegregation plan in St. Louis.



Teen convicted of murder seeks help from hit man
Criminal Law Updates | 2010/07/05 12:41

Davontae Sanford was just 14 when he told police he killed four people in a drug den, drawing their bodies like stick figures to show where the victims died — on the floor, a couch, a chair.

Sanford was sentenced to at least 38 years in prison for the 2007 slayings, which police say were planned as a robbery.

But now he insists his confession was a lie. A veteran homicide investigator agrees that the young man's statements were unreliable. And his attorney is seeking help from an unlikely ally: A hit man convicted in no fewer than eight other murders.

"It's our hope that he will testify for us," defense attorney Kim McGinnis said of Vincent Smothers, who has told police he took part in the slayings.

For more than a year, a judge has been hearing testimony on the teen's request to take back his 2008 guilty plea and seek a new trial. Prosecutors stand behind their case against the teenager, but at least two officers who interrogated Smothers say he took responsibility for the same murders.



Canada Law Firm Launches Privacy Class Action against Facebook
Class Action News | 2010/07/02 20:15

The Canadian law firm ‘Merchant Law Group’ has launched a high profile class action suit against Facebook over the social network allegedly breaching the privacy of its users.

Tony Merchant Q.C stated Friday that “this claim asserts that Facebook shamelessly breached the privacy of people who trusted it.”

Facebook has had a number of legal problems over its privacy policies in recent times – On February 4, 2009, without proper communication to or agreement by its Users, Facebook revised its Terms of Service, asserting broad, permanent, and retroactive intentions to reveal Users’ information, even as to Users who deleted their Facebook.com accounts. The Company stated it could make public a User’s “name, likeness and image for any purpose, including commercial or advertising.” Having met with numerous objections from Users and after being threatened with action by U.S. federal government regulators, Facebook withdrew the proposed changes.

This latest claim alleges that the tools provided by Facebook to Users of the social network are materially misleading and calculated to result in unauthorized breaches of Users privacy and conversion of their personal information, including but not limited to the breach of Personal Information Protection and Electronic Documents Act., 2000, c. 5. and other breaches of statute and common law.



New trial ordered in NYC for ex-food service boss
Lawyer Blog News | 2010/07/02 20:14

A federal appeals court ordered a new trial Thursday for the former chief marketing officer of one of the nation's biggest food products distributors, saying errors by a judge make it necessary to dissolve the conviction and the seven-year prison term that followed.

The 2nd U.S. Circuit Court of Appeals ordered the new trial for Mark Kaiser after concluding that the trial judge erred in his instructions to the jury in November 2006, resulting in a flawed trial.

Kaiser, 55, of Ellicott City, Md., has been free on bail since he was sentenced three years ago to seven years in prison.

A lawyer for Kaiser did not immediately return a telephone message for comment. Prosecutors also did not immediately comment.

Kaiser was convicted of securities fraud, conspiracy and false filing after prosecutors said he and others enhanced their own bonuses by boosting the company's earnings $800 million from 2000 to 2003 by reporting fake rebates from suppliers.

Kaiser worked for U.S. Foodservice Inc., a former subsidiary of supermarket giant Royal Ahold NV. Ahold sold U.S. Foodservice Inc. in 2007 to a group of buyout firms led by KKR & Co. LLP. Defense lawyers argued at trial that Kaiser was kept in the dark about any financial misdeeds that occurred at the company.

Netherlands-based Ahold's U.S. properties include the Stop & Shop and Giant supermarket chains. U.S. Foodservice is one of the largest distributors of food products in the country, providing to restaurants and cafeterias.



Former mortgage exec pleads not guilty in Va.
Court Feed News | 2010/07/02 17:15

The former head of a mortgage lending company accused of scheming to steal more than $500 million from the government's financial bailout fund has pleaded not guilty in the case.

Lee Bentley Farkas entered the not guilty plea Friday in Alexandria, Va., to charges including conspiracy, bank fraud and wire fraud in connection with the alleged plot at Taylor, Bean & Whitaker Corp.

U.S. District Judge Leonie Brinkema set a Nov. 1 trial date despite protests from Farkas' lawyer that it will be impossible for the defense to go through the millions of pages of documents in the case by that time.

Farkas still doesn't have a permanent lawyer because his assets have been frozen. However, the government is expected to unfreeze some of them so he can pay for his defense.



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