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Supreme Court: Ex-Gov. Ryan can't keep pension
Lawyer Blog News | 2010/02/19 18:20

The Illinois Supreme Court today rejected a bid by imprisoned former Gov. George Ryan to keep a portion of his lucrative government pension that was built up before his corrupt reign as governor and secretary of state.

The high court’s 6-1 decision cost the disgraced former Republican governor $70,824 a year, sending an unmistakable message from the court to Illinois’ governing elite that cronyism and corruption do not pay.

“As the victims of Ryan’s crimes, the taxpayers of the state of Illinois are under no obligation to now fund his retirement,” Justice Robert R. Thomas wrote in the court’s majority opinion.

The state General Assembly Retirement System had moved to strip Ryan, who turns 76 next Wednesday, of the entire $197,037 pension he was drawing annually up until his 2006 conviction on racketeering, conspiracy, mail fraud and other corruption charges linked to his tenure as governor and secretary of state.

But last year, a state appeals court reversed that decision, saying he should get to keep pension earnings from his 24 years as a Kankakee County official, state legislator and lieutenant governor – posts in which he was not accused of criminal wrongdoing.

“Although Ryan held multiple public offices over the course of his time in the system, all of those offices were in service to a single public employer — the state of Illinois. And it was the state of Illinois whose trust Ryan betrayed when he committed 16 job-related felonies,” Thomas wrote.

The lone dissenting justice was Anne Burke, who contended a 2005 ruling by the court in another case should dictate that Ryan keep his pension earnings from before his time as secretary of state and governor.

“I do not intend to diminish in any way the seriousness of the criminal acts committed by the former governor. Also I understand the very human impulse to want to punish Ryan for his wrongdoings by depriving him of all of his pension benefits,” Burke wrote. “However, while I sympathize with such impulses, our constitutional obligation is to follow the law, not our personal preferences.”



Philip Morris Takes Case to Supreme Court
Lawyer Blog News | 2010/02/19 17:59

Cigarette maker Philip Morris, a unit of Altria Group Inc., asked the U.S. Supreme Court to overturn a landmark ruling that found the tobacco industry violated federal racketeering laws for deceiving the public about the dangers of smoking.

The U.S. Court of Appeals for the District of Columbia Circuit last year affirmed most remedies that a trial judge imposed against tobacco companies in 2006, which included restrictions on tobacco marketing and a requirement that the industry make corrective public statements about the health effects and addictiveness of smoking.

The appeals court ruled unanimously that there was ample evidence to conclude that the tobacco industry intended to deceive the public about the dangers of smoking. The court also said the government had adequately proved that the tobacco industry was likely to commit future violations of the Racketeer Influenced and Corrupt Organizations Act, or RICO, unless restrictions were imposed.

Philip Morris, whose top brand is Marlboro, said the government is perverting the understanding of the racketeering law.

"Absent further review, the government will henceforth be free to pervert RICO into a device for evading the legislative process, penalizing and chilling public debate on scientific matters, and constraining constitutionally protected speech through vague and sweeping injunctions," Philip Morris said in its appeal.

Other companies targeted by the government include Camel-cigarette maker R.J. Reynolds, a unit of Reynolds American Inc., and Lorillard Inc. They are expected to file appeals to the Supreme Court.



Class-Action Suit Filed Against Google, and Buzz
Class Action News | 2010/02/19 11:15

Law firms in San Francisco and Washington, D.C., Wednesday filed a class-action complaint in San Jose, Calif., federal court against Google, and its Buzz technology, on behalf of Eva Hibnick, a 24-year-old Harvard Law School student.

The suit, reported by ABC News, is the first reported suit filed against Google about Buzz, which unexpectedly exposed relationships users had with others when Google turned on the technology. Google has since offered two methods to turn off Buzz.



Hawaii county sues Merrill Lynch in federal court
Lawyer Blog News | 2010/02/18 22:50

Maui County is suing Merrill Lynch, Pierce, Fenner & Smith Inc. in federal court over access to $32 million invested in student-loan auction-rate securities, county officials announced Wednesday.

The county purchased securities from Merrill Lynch with the understanding they were safe, short-term, liquid investments, the officials said.

"The County of Maui was told that the investments could be easily accessed, just like cash," said Maui Mayor Charmaine Tavares. "Assurances by Merrill Lynch at the time of the investment turned out to be false, and we are seeking justice for the taxpayers of Maui County."

Merrill Lynch spokesman Bill Halldin defended the company.

"We acted appropriately, made relevant disclosures to the county concerning auction rate securities, and intend to vigorously defend ourselves," he said.

County officials said about $44 million in student-loan auction-rate securities (SLARS) were purchased through Merrill Lynch between Aug. 16, 2007, and Jan. 16, 2008, and today, the county owns $32 million of the securities that are not liquid.

"Maui County seeks to recover its money," said Joachim Cox of Goodsill Anderson Quinn & Stifel LLP, special counsel for the county.



Judge Praises Chris Brown's Probation Progress
Court Feed News | 2010/02/18 22:49

A judge is praising Chris Brown's progress on his probation for the beating of ex-girlfriend Rihanna.

Los Angeles Superior Court Judge Patricia Schnegg says Brown hasn't missed a session of domestic-violence counseling and has done 32 days of hard labor in his home state of Virginia.

She also cleared the 20-year-old R&B star to travel out of the United States in May and June for concerts. The exact locations weren't disclosed.

The judge's comments came during a Thursday hearing during which she reviewed Brown's progress with the terms of his probation. Brown was sentenced last year to five years of probation and six months of community labor for the February 2008 attack on Rihanna.



Valrico man arrested for damaging law firm's computers
Criminal Law Updates | 2010/02/18 12:51

The FBI today arrested a Valrico man accused of damaging computers at a Tampa law office.

Edwin Vega Jr., 41, initially ignored agents who went to his house around 9 a.m., according to FBI spokesman David Couvertier. Agents believed Vega was inside his house, along with his wife and possibly one of his three children.

Agents tried telephoning Vega without success, and then brought a hostage negotiator to the home at 1833 Winn Arthur Drive, Couvertier said. The hostage negotiator also could not make contact with Vega, and so a SWAT team was called to the scene.

As the SWAT team was setting up a perimeter, the negotiator tried one more time to contact Vega, who responded and came out of the house, Couvertier said. He was placed under arrest.

Vega was charged in an indictment last week with transmitting a program, information, code and command to computers belonging to the law office of Daniel C. Consuegra, causing at least $5,000 in damages. The offense happened between Aug. 20 and Aug. 30, according to the indictment.



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