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VA agrees to settle for $20M for data theft
Lawyer Blog News | 2009/01/28 17:43
The Veterans Affairs Department agreed Tuesday to pay $20 million to veterans for exposing them to possible identity theft in 2006 by losing their sensitive personal information.


In court filings Tuesday, lawyers for the VA and the veterans said they had reached agreement to settle a class-action lawsuit originally filed by five veterans groups alleging invasion of privacy. The money, which will come from the U.S. Treasury, will be used to pay veterans who can show they suffered actual harm, such as physical symptoms of emotional distress or expenses incurred for credit monitoring.

U.S. District Judge James Robertson in Washington must approve the terms of the settlement before it becomes final.

"This settlement means the VA is finally accepting full responsibility for a huge problem that continues to worry millions of veterans, retirees, service members and families," said Joe Davis, spokesman for Veterans of Foreign Wars, which was not involved in the lawsuit.

VA spokesman Phil Budahn said: "We want to assure veterans there is no evidence that the information involved in this incident was used to harm a single veteran."

The lawsuit came after a VA data analyst in 2006 admitted that he had lost a laptop and external drive containing the names, birth dates and Social Security numbers of up to 26.5 million veterans and active-duty troops.

The laptop was later recovered intact, but a blistering report by the VA inspector general faulted both the data analyst and his supervisors for putting veterans at unreasonable risk. The data analyst had lost the information when his suburban Maryland home was burglarized on May 3, 2006, after taking the data home without permission.

The VA employee promptly notified his superiors, but due to a series of delays, veterans were not told of the theft until nearly three weeks later, on May 22. Then-VA Secretary James Nicholson later said he was "mad as hell" that he wasn't immediately told about the burglary.



South Korean blogger seeks bail after arrest
Legal World News | 2009/01/28 17:41
A South Korean blogger charged with spreading false information has requested bail and said his arrest was unconstitutional, a lawyer said Wednesday.


The 30-year-old man — identified in court documents as Park Dae-sung — was charged last week with posting a blog in December that said the government had banned major financial institutions and trade businesses from buying U.S. dollars.

The case has ignited debate about freedom of speech on the Internet in South Korea, one of the world's most wired and tech-savvy nations.

The blogger has been in custody since his arrest earlier this month. If convicted, he faces up to five years in prison or a fine of up to 50 million won ($36,360).

Prosecutors said last week the posting was not only inaccurate but it had "a clear and grave influence" on the foreign exchange market and undermined the nation's credibility.

The blogger had gained popularity after some of his predictions, including the collapse of investment bank Lehman Brothers, proved correct.

Defense lawyer Park Chan-jong told The Associated Press on Wednesday the blogger has also asked that the Constitutional Court be allowed to rule whether the law under which he was charged is unconstitutional. The Seoul Central District Court can either reject his petition or ask the top court to decide.

Park said the arrest violated his client's freedom of speech rights.



Court: Christian school can expel lesbian students
Court Feed News | 2009/01/28 17:41
A California appeals court has ruled that a Christian high school can expel students because of an alleged lesbian relationship.


The 4th District Court of Appeal in Riverside on Monday upheld California Lutheran High School's right as a private, religious organization to exclude students based on sexual orientation.

Two girls sued claiming they were discriminated against after they were expelled from the Wildomar school in 2005. A lower court said the school isn't bound by the same anti-discrimination laws as a business establishment.

John McKay, attorney for California Lutheran, says the school's goal is to educate based on Christian principles.

The attorney for the girls could not be immediately reached Tuesday.



Voters ask court to add absentees to Minn. recount
Lawyer Blog News | 2009/01/28 17:40
Minnesota voters testified Tuesday their ballots had been unfairly rejected as Republican Norm Coleman argued thousands of disqualified absentee ballots should be counted in the U.S. Senate race.


"Perhaps my signature is not as good as it once was," Gerald Anderson, of St. Paul, told the three-judge panel hearing Coleman's lawsuit. "It gets cloudy and crooked. I am 75 years old."

But that shouldn't have disqualified his vote, he said: "I want it back. I'm entitled to my vote."

A statewide recount gave Democrat Al Franken a 225-vote edge. The personal stories that Anderson and five other voters told are just one front on Coleman's effort to have more votes counted.

Coleman's legal team had intended to submit copies of thousands of ballots as exhibits, but the judges disqualified them as evidence Monday because campaign workers had marked on some envelopes. On Tuesday, much of the panel's time was spent with state officials, lawyers and court staff working out a plan to get about 11,000 rejected absentees to St. Paul from counties throughout the state.



Mich. lawyer fined for aiding marriage fraud
Legal Career News | 2009/01/28 13:42
An attorney in Michigan has been sentenced to three years' probation and fined $10,000 for helping a woman fraudently marry a U.S. citizen so she could stay in the country.


Namir Daman of Southfield was sentenced Tuesday in U.S. District Court in Detroit. He pleaded guilty last year to marriage fraud.

He faced up to five years in prison but the government requested leniency because of his cooperation with investigators.

Daman's attorney says he helped prosecutors investigating Roy M. Bailey, a former federal immigration official in Detroit. Bailey pleaded guilty to corruption charges last September and will be sentenced March 9.

Daman, who emigrated from Iraq in 1980, says he naively trusted the wrong people.



FBI: Long Island investment firm boss surrenders
Lawyer Blog News | 2009/01/27 19:12
The owner of a Long Island investment firm accused of cheating people out of more than $100 million is expected to appear in court Tuesday.


FBI spokesman Jim Margolin says Nicholas Cosmo surrendered at a U.S. Postal Inspection Service office in Hicksville on Monday night.

Cosmo runs Agape World Inc. in Hauppauge (HAW'-pawg). He's accused of taking in $300 million from investors and cheating them out of about $140 million.

A letter hanging in Cosmo's office window denies there was any Ponzi scheme, the type of fraud Bernard Madoff (MAY'-dawf) is accused of committing. A Ponzi, or pyramid, scheme promises unusually high returns and pays early investors with money from later investors.

Defense attorneys at the Herrick Feinstein law firm haven't returned telephone calls seeking comment.



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