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Public defender to take ex-prof's appeal in scam
Criminal Law Updates |
2008/08/28 13:11
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The federal public defender for South Carolina will handle the court appeal of Al Parish, the former college professor convicted of bilking hundreds of investors out of $66 million. Parish, an economist who once taught at Charleston Southern, filed a financial affidavit last week seeking help in appealing his federal 24-year prison sentence. An order filed Tuesday with the 4th U.S. Circuit Court of Appeals in Richmond, Va., assigns the Parish criminal appeal to the public defender. Parish pleaded guilty last year to two criminal counts of fraud and one count of lying to investigators. Sentenced June 26 and now serving time in a federal prison in North Carolina, Parish has filed a notice of appeal with the 4th Circuit. While he was also ordered to repay $66 million that investors lost, a judgment in a companion civil suit brought by the Securities and Exchange Commission and filed in federal court last week indicates only a portion of the money went for his personal use. Parish personally benefited from only $7.7 million, said Alex Rue, the senior trial counsel for the Securities and Exchange Commission office in Atlanta. The court order requires him to repay that money, along with prejudgment interest, for a total of $8.3 million. The judgment is in addition to the $66 million Parish was ordered to repay in the criminal case, said David Dantzler, the attorney helping tally Parish's assets. He said that, when everything is counted, investors will likely only recover a dime on the dollar. Attorney Andy Savage, who represented Parish during the district court proceedings, said the $7.7 million is important. |
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Bush steps up fight over congressional authority
Lawyer Blog News |
2008/08/27 18:24
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The Bush administration is raising the stakes in a court fight that could change the balance of power between the White House and Congress. Justice Department lawyers said Wednesday that they will soon ask a federal appeals court not to force the president's top advisers to comply with congressional subpoenas next month. President Bush argues Congress doesn't have the authority to demand information from his aides. U.S. District Judge John Bates strongly rejected that stance last month, ordering former White House counsel Harriet Miers to testify and White House chief of staff Joshua Bolten to turn over documents related to the firing of federal prosecutors. It was a historic loss for the Bush administration, a stinging ruling in the first such case ever to make it to the courts. The House Judiciary Committee responded swiftly, demanding Miers appear Sept. 11 as it investigates whether federal prosecutors were inappropriately fired as part of a White House effort to politicize the Justice Department. The Bush administration had already indicated it would appeal but Justice Department lawyers said Wednesday that they will ask the court to step in quickly and temporarily put Miers' appearance on hold while the appeal plays out. It's a risky move for an administration that has spent years trying to strengthen the power of the presidency. If the appeals court refuses to temporarily block the testimony, it would essentially be endorsing Bates' ruling against the Bush administration. Miers likely would have to comply with the subpoena, setting a precedent that would give Congress new teeth in its investigations and weaken future presidents. On the other hand, if the appeals court temporarily blocks Miers' testimony, it could allow the Bush administration to run out the clock before a new Congress comes to Washington and the case becomes moot. In that situation, Bates' order will have been weakened and future presidents will have more wiggle room. The Bush administration could have taken other steps to avoid a showdown at the appeals court. Even if it appealed Bates' ruling, it could have negotiated a deal with Congress in which Miers and Bolten provided some information voluntarily and lawmakers agreed to withdraw the lawsuit. |
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Thai protesters break into premier's compound
Legal World News |
2008/08/27 08:24
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A mob of anti-government protesters pushed their way into the compound housing the offices of Thailand's prime minister on Tuesday, one of a series of actions against state agencies in the capital. The demonstrators, from the right-wing People's Alliance for Democracy, stopped once they entered the compound at Government House at about 2:30 p.m. and did not attempt to enter the official offices there, footage on Thai TV channel 9 showed. Earlier, mobs of alliance protesters took over a state-controlled television station and besieged several ministries in a self-described "final showdown" to try to bring down the elected government of Prime Minister Samak Sundaravej. It was the first time in recent years that a large crowd managed to get onto the Government House grounds. The crowd of several thousand appeared peaceful. Samak was expected to speak about the situation late Tuesday afternoon. The protests were the latest effort by the alliance to force Samak's government from office. The group contends Samak is a proxy for former Prime Minister Thaksin Shinawatra, who was ousted in a 2006 coup and now has gone into self-imposed exile in England. |
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Ohio man sentenced for writing racial hate letters
Lawyer Blog News |
2008/08/26 18:05
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A man who wrote hundreds of hateful letters to black and mixed race men — including Supreme Court Justice Clarence Thomas and New York Yankees shortstop Derek Jeter — was sentenced Tuesday to three years and 10 months in prison. David Tuason apologized for his behavior in federal court, saying he never meant to hurt anybody. He said he sent the threatening letters because a black man "stole" the girlfriend he planned to marry. Tuason had faced up to 10 years in prison. He pleaded guilty in May to six counts of mailing threatening communications and two counts of threatening interstate communications. Prosecutors said Tuason, who is of Filipino descent, sent more than 200 hateful letters or e-mails, many to black or mixed-race men seen with white women. Tuason, who lived in the Cleveland suburbs with his parents, sent threatening communications to high school, college and professional athletes, coaches, celebrities, musicians, news anchors, hospitals, police departments and lawyers, according to his plea deal. FBI agents arrested Tuason in March after tracking e-mails sent from a public library. |
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Reputed drug lord pleads not guilty in US court
Lawyer Blog News |
2008/08/26 16:04
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A reputed drug lord who was extradited to the United States last week from Brazil has pleaded not guilty in a large cocaine smuggling scheme. Juan Carlos Ramirez Abadia entered the plea Monday in federal court in Brooklyn and was ordered held without bail. U.S. prosecutors allege that Ramirez Abadia was a leader of a Colombian cartel that shipped cocaine worth $10 billion into the United States between 1990 and 2003. They also say Ramirez Abadia, whose nickname is "Lollipop," played key roles in the killings of rivals. He was captured last year in Brazil, where he was living in a luxurious home. |
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Battle over faked Holocaust book in Mass. court
Court Feed News |
2008/08/26 08:03
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It was a shock to Misha Defonseca's readers this year when she admitted that the best-selling story of her tortured childhood during the Holocaust was false, but her U.S. publisher saw it as an opportunity to undo a stinging, 7-year-old court judgment. Jane Daniel says she never would have been ordered to pay Defonseca and her ghost writer $32.4 million over her handling of profits from "Misha: A Memoire of the Holocaust Years" had the jury known the book was filled with lies. Defonseca never lived with wolves to escape the Nazis, never killed a German soldier in self-defense, never walked 3,000 miles across Europe in search of her parents. Contrary to the book's claims, Defonseca admitted in February that she isn't even Jewish. Daniel is asking a judge to throw out the verdict; a hearing is set for Thursday in Middlesex Superior Court. "This is a case where everyone was so enamored and felt so much sympathy for the Holocaust survivor, it just overwhelmed everyone in the case, including the jury," Daniel said in an interview with The Associated Press. "Now to find out that the book was not true, that is fraud on the court." Defonseca and her ghost writer, Vera Lee, said the truth of the 1997 book had no bearing on the jury's finding that Daniel cheated them out of profits. |
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