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Jailed sex offender hit with five more counts
Criminal Law Updates | 2007/04/12 07:02

An incarcerated registered sex offender in Lyon County was charged Wednesday with five counts of third-degree sexual abuse.

Kyle King, 21, allgedly committed five sex acts with a 15-year-old female in fall 2006, the Lyon County Sheriff's Department reported Wednesday.

King was already in Lyon County Jail for failing to comply with the sex offender registry at the time of his arrest. In 2004, he was convicted of assault with intent to commit sexual abuse.

Wednesday's charges carry a maximum sentence not to exceed 10 years. More charges are possible in the near future as the investigation by the sheriff's department continues.



Clergy sex abuse claims down in 2006
Headline News | 2007/04/12 07:01

Claims of clergy sex abuse levied against the US Roman Catholic Church decreased for the second year in a row and recent cases involving claimants under age 18 have dropped significantly, according to an annual report released Wednesday by the US Conference of Catholic Bishops. The survey, compiled by the Center for Applied Research in the Apostolate at Georgetown University, cites figures from nearly all 195 dioceses in the US and reports that claims dropped from 1,092 in 2004 to 783 in 2005 to 714 in 2006, only 17 of which were from people under 18. Money spent by the dioceses and religious orders on support, settlements and litigation fees also dropped from $467 million to $399 million last year.

The report measures the US dioceses' compliance with the Charter for the Protection of Children and Young People, drafted in 2002 in response to widespread reports of sexual abuse committed by clergymen. The report, however, has been criticized since an accompanying independent audit included only 11 full, on-site visits to US dioceses and no reviews of personnel files



New York seeks probe of Wal-Mart for surveillance
Business Law Info | 2007/04/11 16:01

New York City is seeking a probe of Wal-Mart Stores Inc. (WMT.N: Quote, Profile, Research) over the retailer's reported surveillance of shareholders who submitted proxy petitions that could potentially disrupt the company's annual meeting. New York City Comptroller William C. Thompson Jr. sent letters to the U.S. Attorney General's office and the Securities and Exchange Commission, asking for an investigation into the world's largest retailer for what he called "ill-considered and possibly illegal surveillance operations."

"As New York City's Chief Financial Officer and the Chief Investment Advisor to the City's Pension Funds, I am particularly troubled by reports that Wal-Mart engaged in chilling and truly outrageous surveillance activities," Thompson wrote. Copies of the letters were posted on the comptroller's Web site.

Wal-Mart could not immediately comment on the story. The SEC declined to comment.

Last week, a report in The Wall Street Journal said an internal Wal-Mart security group was asked to investigate the potential threat of those submitting proposals to its June shareholder meeting.

Following the article's publication, Tom Hyde, Wal-Mart's top legal officer, sent a letter to shareholder proponents saying that while the article implied that the company had initiated an intrusive "threat assessment" of shareholders who submitted proposals for inclusion in Wal-Mart's annual proxy statement, that was not true.

"In spite of a January 2007 memo referenced in the article, there were no inquiries made with respect to the proponents of shareholder proposals," he wrote in the letter, a copy of which Wal-Mart provided. "Given the nature of the matters proposed and our familiarity with the individual proponents, the request contained in the memo was not acted upon."

The New York City Pension Funds represent nearly 600,000 active members, beneficiaries and retirees and are valued at nearly $100 billion, according the Web site.

Wal-Mart shares fell 24 cents to $47.70 in morning New York Stock Exchange trade.



Man pleads guilty in massive mortgage fraud scheme
Court Feed News | 2007/04/11 15:56

A man accused of stealing the identities of children, the homeless and people in drug rehab as part of a massive mortgage fraud scheme pleaded guilty to federal charges in three states Tuesday. Matthew Cox, 37, faces up to 54 years in prison and $2 million in fines at his Aug. 22 sentencing, but will likely not receive that stiff a punishment.

As part of a deal Cox struck with the government, prosecutors have agreed to recommend that U.S. District Judge Timothy Batten sentence Cox at the low end of federal guidelines. The exact range has not been determined.

Cox pleaded guilty to six charges that were leveled in Georgia, Florida and Tennessee: bank fraud, identity theft, passport fraud, two counts of mortgage fraud conspiracy, and violating his probation for a previous mortgage fraud conviction.

Forty-one other counts against him in Georgia will be dropped as part of his plea agreement.

Prosecutors say Cox and Rebecca Marie Hauck rented properties, fraudulently erased mortgage liens on the properties and then stole the owners’ identities and fraudulently took out multiple new mortgage loans.

They also used stolen identities to obtain driver’s licenses, purchase vehicles, lease mail drops, rent apartments and open bank accounts to receive proceeds from their schemes in Georgia, Florida, Alabama, South Carolina and North Carolina, authorities said.



California diocese threatened with contempt
Lawyer Blog News | 2007/04/11 15:54

A federal bankruptcy judge is threatening the Roman Catholic Diocese of San Diego with contempt for allegedly attempting to hide assets to avoid payment to clergy sexual abuse victims. Judge Louise DeCarl Adler ordered the diocese's lead attorney into court Wednesday to explain why she and her colleagues should not be sanctioned. Adler cited a March 29 letter sent by a diocese parish organization to pastors urging them to get new taxpayer identification numbers and transfer funds to new accounts. The threat Monday came six weeks after the diocese sought bankruptcy protection amid lawsuits by more than 140 people who accuse priests of sexual abuse.

The judge said any post-bankruptcy transfers between the diocese and parishes outside of normal cash operations violate her ruling against shifting the diocese's assets while the bankruptcy case is pending. She said any transfers require court approval.

In a sternly worded order, Adler said attorneys Susan Boswell, Jeffry Davis and Victor Vilaplana appear to have "conspired with parishes" to create new bank accounts separate from the diocese.

Boswell wrote in court documents Tuesday that no intentional misrepresentations or misstatements had been made. She said the diocese has "no access or control" over money in more than 770 bank accounts opened by parishes and parochial schools under the diocese's taxpayer identification number.

Davis wrote in court papers that he thought comments Adler made in an earlier hearing suggested that parishes should obtain their own taxpayer identification numbers for clarity in the bankruptcy case.

Attorneys for the alleged victims have repeatedly accused the church of trying to hide assets to reduce the overall sum available for potential settlements. They estimate that a fair settlement would total about $200 million.

In March, the diocese proposed a $95 million settlement schedule for victims that would offer plaintiffs anywhere from $10,000 to $800,000.

San Diego was the fifth U.S. diocese to file for bankruptcy. The other dioceses that have filed for bankruptcy protection are Davenport, Iowa; Portland, Ore.; Spokane, Wash.; and Tucson, Ariz. Tucson has emerged from bankruptcy protection, while proposed settlements are awaiting final approval in Portland and Spokane.



Sunderland man found guilty of killing eagle
Court Feed News | 2007/04/11 11:56

The owner of a Sunderland trout hatchery, who pleaded guilty last month to killing herons and ospreys that were feeding at his fish pools, also was convicted on Tuesday of killing a bald eagle. U.S. District Judge Michael Ponsor in a nonjury trial found Michael Zak, 59, guilty of one count of shooting and killing an eagle, and one count of violating the Migratory Bird Treaty Act, which provides protection for migratory birds through international cooperation and treaties.

Zak, owner of the Mohawk Trout Hatchery, had pleaded guilty on March 26 to two counts of violating the Migratory Bird Treaty Act and one count of conspiracy.

His attorney, Vincent Bongiorni, said then his client was not willing to accept a guilty plea for the eagle charge.

"There was a factual basis to support those two counts and our claim is that it doesn't support the bald eagle count," he said.

Zak's employee, Timothy Lloyd, 30, of Easthampton, pleaded guilty March 23 to two counts of violating the migratory bird act and one count of conspiracy.

Federal investigators said they found more than 250 great blue heron carcasses, as well as carcasses of ospreys and a bald eagle on hatchery property. Tests showed the birds were killed by gunshots.

U.S. Fish and Wildlife Service agents say they staked out the hatchery periodically and saw Zak shoot at a heron with a scoped rifle and Lloyd shoot and kill an osprey.

The men are to be sentenced on June 27. Zak faces up to three years in prison and Lloyd faces up to 18 months.



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