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CPA firm seeking payment from law firm for tax prep
Headline News | 2010/05/12 17:07

A Charleston accounting firm is suing a Charleston law firm for helping them avoid a visit from the tax man.

Grigoraci, Paterno and Associates filed suit on April 30 against the Law Offices of John R. Mitchell Jr. In their complaint filed in Kanawha Circuit Court, GPA alleges Mitchell owes them nearly $20,000 for helping prepare the firm's federal, state and local taxes from 2005 to 2007.

In its suit, GPA says it prepared Mitchell's 2005 and 2006 federal and state corporate income tax returns. The work they performed included filing extensions.

For the 2005 calendar year, GPA says it prepared for Mitchell "Forms W-2, W-3, 1099s and other business and payroll tax returns."

Also, during the 18-month period from Jan. 16, 2006, to July 31, 2007, GPA says it performed a variety of accounting services for Mitchell, a former state Senator. Those included quarter tax returns and reports, bookkeeping and unspecified consulting services.

Furthermore, GPA prepared both Mitchell's corporate business license return and Kanawha County property tax return for the 2006-2007 fiscal year. In April 2007, GPA says it also aided Mitchell in complying with an audit performed by BrickStreet Mutual Insurance Company.

Since then, GPA alleges Mitchell made payments for the services provided. However, they allege Mitchell still owes $18,900 for which it has "failed and wrongfully refused to pay."

GPA seeks judgment against Mitchell for the outstanding balance of $18,900 plus a one percent late payment charge, attorneys fees, court costs and interest. They are represented by Donald L. Stennett with the Charleston law firm of Robinson and McElwee.



Blagojevich denied trial delay by appeals court
Lawyer Blog News | 2010/05/12 17:05

A federal appeals court has turned down former Illinois Gov. Rod Blagojevich's latest request to delay his corruption trial.

The 7th U.S. Circuit Court of Appeals said Tuesday it has no jurisdiction to delay the trial set to get under way June 3.

Defense attorneys want the trial put on hold until the U.S. Supreme Court resolves challenges to a federal statute that forms the basis for a number of charges Blagojevich faces.

U.S. District Judge James B. Zagel had already twice refused to grant a delay.

Defense attorney Sam Adam has said he's prepared to go to the U.S. Supreme Court.

Blagojevich has pleaded not guilty to charges he schemed to use his power as governor to make appointments by selling or trading President Barack Obama's former U.S. Senate seat.



Fla. man who caused flight diversion due in court
Criminal Law Updates | 2010/05/12 15:06

A Florida man accused of causing a trans-Atlantic flight to be diverted to Maine is due in federal court for a detention hearing.

Prosecutors say Derek Stansberry got the attention of the flight crew and passed them a note that said he had a fake passport. Later, he told air marshals that he had dynamite. The April 27 flight from Paris to Atlanta ended up landing at Bangor International Airport.

Defense lawyer Virginia Villa initially sought a competency hearing but she now says that Stansberry is competent. He'll appear before a magistrate judge Wednesday.

The former Air Force intelligence specialist was working for a defense contractor in Africa. Villa says his actions are out of character.



Ohio faced execution drug shortage
Legal Career News | 2010/05/12 12:05

A worldwide shortage of an anesthetic used in lethal injections almost kept Ohio from proceeding with an execution scheduled this week.

An attorney for the state warned a federal judge last week and again Monday the prisons department might not be able to find enough thiopental sodium for Thursday's execution.

Principal Assistant Attorney General Charles Wille (WIL'-ee) told U.S. District Court Judge Gregory Frost later Monday the prisons department eventually was able to get the proper supply of the anesthetic. That supply includes doses beyond what would be needed to put condemned inmate Michael Beuke (BYOO'-kee) to death for a fatal shooting.

Prisons spokeswoman Julie Walburn tells The Associated Press she doesn't think the shortage will affect other executions.

Beuke says he was brain-damaged at the time of the killing. He's asked for clemency.



N.J. court reverses open public records ruling
Court Feed News | 2010/05/11 15:45

A New Jersey court has found that records of settlements reached by insurance companies on behalf of government entities should be open to the public.

In 2008, lawyer Mark Cimino asked used the state's Open Public Records Act to request copies of legal settlements involving Gloucester County government.

The county argued that the settlements were made by insurance companies and that records of them were stored with the firms.

A lower court judge agreed that those factors meant the documents in question were not covered by the open records law.

But today, a three-judge appeals panel reversed the ruling, sending it back to a lower court.



Ex-manager of band The Fray wins round in court
Court Feed News | 2010/05/11 15:42

A federal judge agreed Monday that a lawyer for Denver-based band The Fray might face liability in the band's ongoing court battle with a former manager.

The band alleges its former manager, Gregg Latterman, failed to disclose that his company obtained ownership to a portion of the band's music when a publishing agreement was signed in 2005.

In a hearing Monday, U.S. District Court Judge Boyd Boland agreed to consider Latterman's claim that the band's lawyer, J. Reid Hunter of New York, was aware of the publishing agreement and failed to inform the band. Hunter didn't immediately return a call seeking comment.

The band's hits include 2006's "How to Save a Life" and 2009's "You Found Me."

Latterman filed counterclaims alleging breach of contract. He says The Fray owes his company more than $750,000 in commission and expenses.

Latterman claims The Fray tried to end his management contract early and pressured him to accept concessions, including smaller commissions, as the band's popularity grew.



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