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Indictments to stand against DeLay associates
Lawyer Blog News |
2008/08/25 15:23
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An appeals court has declined to throw out money-laundering indictments against two of former House Majority Leader Tom DeLay's political operatives, who had claimed that state elections law used to charge them was too confusing to proceed. Attorneys for Jim Ellis and John Colyandro, who operated Texans for a Republican Majority during the 2002 campaign, argued that the 3rd Court of Appeals should toss out their indictments because the laws used against them were vague and too broad. In arguments made to the appeals court two years ago, Travis County prosecutors disagreed, urging the court to let the prosecution continue. In a lengthy opinion issued Friday, the court affirmed the finding of a lower court and declined to dismiss the indictments. "The challenged statutes give constitutionally adequate notice of the conduct prohibited and sufficiently determinate guidelines for law enforcement," 3rd Court of Appeals Justice Alan Waldrop writes in the opinion. In 2002, Texans for a Republican Majority sent $190,000 in corporate checks to the Republican National Committee. The RNC, in turn, sent $190,000 of money collected from individuals to seven Texas candidates. A Travis County grand jury indicted Ellis, Colyandro and DeLay on money-laundering charges in 2005. Prosecutors argue that the transaction was an attempt to turn corporate money that is illegal in Texas elections into legal donations to GOP candidates. The defense argues that it was separate, legal transactions. DeLay, who resigned from Congress in 2006, was not a party to the appeal. |
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Lone accountant takes on IRS and wins
Lawyer News |
2008/08/25 15:22
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It took seven years, but Charles Ulrich did something many people dream about, but few succeed at: He beat the IRS in a tax dispute. Not only that, but tax experts say potentially millions of other taxpayers could benefit from his victory. The accountant from Baxter, Minn., challenged the method the IRS has used for more than 20 years to tax shares and cash distributed by mutual life insurance firms to their policyholders when they reorganize as public companies. A federal court recently agreed with his interpretation. "There's a tremendous amount of money at stake," said Robert Willens, a New York City-based tax analyst at Robert Willens LLC. "Tens of thousands of people could be in line for a refund." Don Alexander, an IRS commissioner in the 1970s and now a tax attorney in Washington, said while it's not unusual for individuals to take on the agency, "most of them lose." Alexander called it "quite a significant case." The dispute arose when more than 30 mutual life insurance companies became publicly traded corporations in the late 1990s and earlier this decade, in a process known as "demutualization." Mutual companies are owned by their policyholders, so the companies provided stock and cash to compensate them for the loss of their ownership interests when they went public. |
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Gay marriage foes mobilize for ban in California
Lawyer Blog News |
2008/08/25 15:22
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Michael Bumgarner says he's never campaigned for a political cause before, but his strong opposition to same-sex marriage has prompted him to join thousands of volunteers going door-to-door in support of a ballot initiative that would ban gay nuptuals here. "I've never stumped before, but I want to be a part of this," Bumgarner said. The retired insurance executive and devout Mormon said his late mother would "turn over in her grave" if she knew that gays and lesbians could marry. With less than 11 weeks until Election Day, supporters of Proposition 8 are ramping up their field organization and refining their message as they seek to persuade California voters to shut the door on same-sex marriage. It's the first time voters will be asked to weigh in on the issue in either California or Massachusetts — the states where gays have won the right to wed. An estimated 15,000 backers of the measure, most of them members of Mormon, Catholic and evangelical Christian churches, knocked on doors and distributed campaign literature to registered voters throughout the state this weekend and last, according to Jennifer Kerns, spokeswoman for the Yes on 8 campaign. The initiative is a constitutional amendment, similar to ones already enacted in 26 other states, that would overturn the California Supreme Court decision that legalized same-sex marriage. It needs a simple majority of votes to pass. |
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Detroit mayor returns to court in assault case
Legal Career News |
2008/08/22 16:05
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A court hearing could determine if Detroit Mayor Kwame Kilpatrick will be allowed to attend the Democratic National Convention. Kilpatrick was scheduled to be arraigned Friday on charges of assaulting two Wayne County investigators. It's one of two criminal cases against the mayor, who denies shoving the pair while they tried to deliver a subpoena to a friend. Kilpatrick is barred from traveling outside the metro Detroit area. Those bond restrictions likely will be discussed at the arraignment. The mayor also is required to wear an electronic tether to monitor his whereabouts. In Kilpatrick's other criminal case, involving allegations of perjury and obstruction of justice, a judge has said he can go to Denver for the convention. |
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Prosecutors trying to get obese defendant to court
Court Feed News |
2008/08/22 12:01
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Prosecutors are trying to decide how to jail and bring to court a nearly half-ton, bedridden woman accused of killing her 2-year-old nephew. A grand jury on Thursday indicted Mayra Lizbeth Rosales, 27, on one count of first-degree murder and on one count of injury to a child in the death of Eliseo Gonzalez Jr. She previously had been charged with capital murder. Rosales weighs nearly 1,000 pounds and cannot fit through a door to leave her home, leaving prosecutors wondering how to bring her to court. As of Thursday evening, she was not in custody. Hidalgo County Sheriff Lupe Trevino said holding her at the county jail for her trial would be impossible because she needs extensive medical care. "She would die," said Trevino in Thursday's online edition of The Monitor in McAllen. The grand jury indicted Rosales after an autopsy confirmed investigators' suspicions that the child died March 18 because he had been struck. Investigators believe the toddler was struck at least twice, crushing his head. Authorities recommended Rosales' bond be set at $150,000. The boy's mother Jaime Rosales, was charged earlier with injury to a child because she allegedly left her son alone with his aunt. Her bond has been set at $100.000. |
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Detroit mayor offered plea deal in assault case
Lawyer Blog News |
2008/08/22 10:02
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A prosecutor made a surprising offer Friday to Mayor Kwame Kilpatrick: resign by Sept. 3 in exchange for the dismissal of one of two assault charges. Doug Baker of the Michigan attorney general's office made the disclosure during a routine arraignment for Kilpatrick on the charges in one of two criminal cases against him. Kilpatrick attorney Juan Mateo told Circuit Court Judge David Groner he had just learned of the deal offer and wasn't prepared to respond. Another defense attorney, James Thomas, said after the hearing: "We're preparing for trial." A not guilty plea on the assault charges was entered on the mayor's behalf. Kilpatrick didn't speak in court. The mayor is accused of shoving a sheriff's detective into another investigator while they tried to serve a subpoena on one of his friends July 24. Kilpatrick is a superdelegate to the Democratic National Convention next week in Denver. Thomas said last week the mayor is interested in attending but conditions of his bond in the assault case prevent him from traveling outside the metro Detroit area. A hearing was scheduled for Monday on Kilpatrick's bond conditions. Separately, Kilpatrick and his former top aide, Christine Beatty, were charged in March with conspiracy, perjury, obstruction of justice and misconduct in office, mostly tied to their testimony in a civil trial. Sexually explicit text messages between the pair, published by the Detroit Free Press in January, contradict their sworn denials of an affair, a key point in the trial last year involving a former deputy police chief. Meanwhile, Gov. Jennifer Granholm is scheduled on Sept. 3 to consider a request from the Detroit City Council to have Kilpatrick removed from office. Under Michigan law, a governor can remove an elected official for misconduct. That hearing could last several days. Granholm declined Friday to discuss anything involving Kilpatrick. |
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