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Today's Date: U.S. Attorney News Feed
Man Pleads Not Guilty In Director Crash
Court Feed News | 2007/04/07 06:46

A driver arrested after the crash that killed "A Christmas Story" director Bob Clark and his son pleaded not guilty Friday to two counts of gross vehicular manslaughter while intoxicated.

Prosecutors say Hector Velazquez-Nava, 24, steered his sport-utility vehicle into the wrong lane of Pacific Coast Highway early Wednesday. Clark, 67 and his son, Ariel Hanrath-Clark, 22, died at the scene.

Velazquez-Nava had a blood-alcohol level of 0.24 percent, three times the legal limit, authorities said.

Velazquez-Nava was being held on $200,000 bail, although a federal immigration hold prevents him from posting bail. Immigration officials have said he is in the country illegally.

If convicted, he could face at least 10 years in state prison, prosecutors said.

 



Suspect in Home Depot slaying pleads not guilty
Lawyer Blog News | 2007/04/06 22:25

Jason Russell Richardson pleaded not guilty Friday to shooting and killing Tom Egan, a night manager at the Tustin Marketplace Home Depot, while robbing the store Feb. 9.

In a court appearance that lasted just seconds, Richardson, a convicted rapist who had been out on parole for spousal abuse, stood shackled and chained as he entered his plea through his attorney, Hector M. Chaparro of the county's Associate Defender's Office.

"That's good," Richardson, 36, said when Orange County Superior Court Judge Kazuharu Makino asked Richardson if June 11 would work for a preliminary hearing – when a judge decides if prosecutors have enough evidence to take their case to trial. Richardson could get the death penalty if convicted.

Egan, a 40-year-old father of twin girls, was shot once in the abdomen when he tried to stop a man dressed in painter coveralls, dust mask and yellow construction helmet from robbing his store. Egan, who stayed on hours after his shift had ended, begged the man to leave the store and not to hurt anyone, police said.

Egan pleaded with the man to leave as he grabbed wads of cash from the register. The heavily disguised man turned and shot him once. Surveillance tape shows the shooter stepping over Egan's body as he walked out of the store. He got away with about $500.

Egan died a short time later at a hospital.

A massive manhunt was on for the shooter. Less than two weeks later, Tustin police arrested Richardson, 36, in Oceanside when he went to check in with his parole officer. Digitally enhanced surveillance video led investigators to a dirty sock dropped inside the Home Depot. Forensic scientists matched DNA from the sock to a DNA sample Richardson was forced to give after his 1992 rape conviction.

At a Feb. 23 news conference announcing Richardson's arrest, Tustin police said Richardson had been convicted of sexual assault on a child. In fact, Richardson pleaded guilty to burglary, rape and forced oral copulation and was sentenced to six years in prison. In 2002, he was sentenced to four years for spousal abuse.



Judge blocks Vonage from adding new customers
Lawyer Blog News | 2007/04/06 19:15

Vonage Holdings Corp. cannot add new customers while it appeals a finding that it infringed Verizon Communications Inc. patents for making phone calls over the Internet, a federal judge ruled on Friday. Vonage plans to appeal U.S. District Judge Claude Hilton's order that allows Vonage to only provide service to existing customers. Vonage is also required to post a $66 million bond.

Hilton said Vonage could be irreparably injured if he completely barred its use of Verizon technology. "Some question whether they could stay in business," he said.

However, the judge said Verizon would be injured if Vonage was completely free to continue infringing the patents.

A lawyer for Vonage, Roger Warin, told the court the ruling was a "slow strangling" of the company. The difference between a partial stay or a total prohibition on using the technology amounted to "cutting off oxygen or a bullet to the head," he said.

Hilton is expected to sign his order next Thursday. Vonage is then free to take the case to the U.S. Court of Appeals for the Federal Circuit, which specializes in patent cases.

U.S. equities markets were closed for the Good Friday holiday. Vonage shares closed down almost 7 percent on Thursday to $3.37 on the New York Stock Exchange ahead of the court hearing. Verizon shares rose 1 percent to $38 on the NYSE.

Rebecca Arbogast, an analyst with Stifel Nicolaus, said Hilton's order was a blow to Vonage. "If they can't get new customers (while they appeal the case), I think it's going to be tough to attract capital."

Hilton announced on March 23 that he intended to issue an injunction blocking all use of Verizon's technology, sending Vonage shares down nearly 26 percent that day.

The judge gave Vonage two weeks to try to convince him to stay the injunction. Verizon then suggested the judge allow Vonage to keep servicing its existing customers if a stay was necessary.

Earlier in March, a jury found Vonage had infringed three patents owned by Verizon. The jury said Vonage must pay $58 million, plus 5.5 percent royalties on future sales.

Vonage stock has steadily lost value since its initial public offering at $17 a share in May last year. The shares posted an all-time closing low of $3 after Hilton's March 23 hearing.



Credit Card Counterfeiter Gets Five Years In Prison
Criminal Law Updates | 2007/04/06 18:29

United States Attorney Scott N. Schools announced that defendants Ming Li and Zhou Ru Tan have been sentenced to prison and ordered to pay fines in connection with their roles in a counterfeit credit card scam. Mr. Li was sentenced to five years in prison and ordered to pay a $50,000 fine as well as more than $10,000 in restitution for possessing counterfeit access devices. Ms. Tan, who had a minor role in the scheme, was sentenced to four months in prison and ordered to pay a $1,000 fine. These sentences were the result of a four-year investigation by the United States Secret Service in coordination with local law enforcement in the counties of San Francisco, San Mateo, and Santa Clara.

Mr. Li, 35, of El Monte, California, was originally indicted by a federal grand jury on June 15, 2004. He was charged with possession and use of counterfeit access devices as well as possession of access-making equipment. Mr. Li pleaded guilty to possessing over fifteen counterfeit credit cards. Mr. Li also admitted to using counterfeit credit cards to fraudulently purchase merchandise in retail stores in the Bay Area that resulted in a total loss of between $1,000,000 and $2,500,000.

Ms. Tan, 36, of Richmond, California, was indicted by the same grand jury with the same violations of federal law and pled guilty to the same violation as Mr. Li. Ms. Tan admitted that her actions in using counterfeit credit cards resulted in loss of more than $5,000.

"These sentences embody the United States Attorney’s Office ongoing commitment to work closely with the United States Secret Service to investigate and prosecute credit card fraud," U.S. Attorney Scott N. Schools stated. "The possession and use of counterfeit credit cards is a scourge on our modern society. Counterfeit credit cards threaten the integrity of our banking system and result in higher costs to businesses and consumers. Those who choose to engage in such fraud will be prosecuted, and if convicted, face lengthy jail time. The Department of Justice commends the dedication of the Secret Service in bringing Mr. Li and Ms. Tan to account for their crimes."



Reserve duty at issue in U.S. Attorney firing
Legal Career News | 2007/04/06 14:14

The federal Office of Special Counsel is investigating whether the Bush administration's firing of David Iglesias, U.S. Attorney for the District of New Mexico and a captain in the Navy Reserve, is a violation of the Uniformed Services Employment and Reemployment Rights Act. Iglesias is one of the eight U.S. attorneys fired by the Bush administration in what has become a widening scandal for the Justice Department and Attorney General Alberto Gonzalez.

In an interview, Iglesias said he was given no reason for his firing when he was notified Dec. 7. But he later found out from a Senate staff member that Deputy Attorney General Paul McNulty had said Iglesias and six of the other seven were fired for performance reasons.

And in Iglesias' case, a document released by the Justice Department referred to him as an "absentee landlord."

But Iglesias said his absences from his civilian job were taken to fulfill his military obligations as a reservist. As a drilling reservist, he said, he is required to do 36 days of duty each year, and probably did a little extra, 40 to 45 days total for each year that he served as the U.S. Attorney for the District of New Mexico.

Each time before he left for military duty, he notified the Washington, D.C., Justice Department office, which is the clearinghouse for such matters, he said. And his Navy Reserve information was on his résumé when he was hired for the U.S. Attorney's job in October 2001.

Iglesias confirmed that he has authorized an investigation into whether his firing might constitute a violation of USERRA. A spokesman for the Office of Special Counsel confirmed that the office is investigating the case but declined to provide further details. The office, which often investigates employment and re-employment rights cases on behalf of military reservists, is an independent agency and is not connected to the Justice Department.

If his firing is even partly related to his reserve duty, it could be a violation of the law.

Iglesias said he has had a number of Guard or Reserve members working for him and had six who were mobilized since Sept. 11, 2001. As part of his reserve duties, he also has conducted training for virtually every drilling Navy reserve attorney.

The subject of USERRA is "something near and dear to my heart," he said. He is scheduled to conduct training soon with Navy Reserve attorneys about how the Justice Department enforces USERRA with private employers.

If his status as a reservist did, in fact, have anything to do with his firing as U.S. Attorney, he said, "it would be a violation of federal law — and I'd be horribly disappointed with the Justice Department tasked with enforcing it, that they would not honor the letter of the law with one of their own people.

"There are so many ironies in this scandal," Iglesias said. "I've authorized the OSC to look into whether there is an issue. There may be. The stories keep changing from the Department of Justice."

Performance evaluations and statements by officials indicated Iglesias' job performance was excellent, according to congressional testimony.

In a joint statement when four of the fired attorneys were subpoenaed to testify before the House and Senate judiciary committees March 6, the attorneys, who are political appointees, said they were aware that they served at the pleasure of the president and could be removed for any or no reason.

Iglesias' situation is more complicated than the USERRA issue. He testified about phone calls he received before the November 2006 midterm elections from Sen. Pete Domenici, R-N.M., and Rep. Heather Wilson, R-N.M., and as a result felt pressured related to a corruption investigation involving Democrats in New Mexico.

Later, he testified, "I just started to put the dots together" in connection with his firing.

As such, the OSC investigation into Iglesias' firing is moving on three parallel tracks: the Justice Department's violation of Iglesias' rights under the Whistleblower Protection Act and USERRA, and the government's violation of the Hatch Act, which restricts partisan political activity by government employees.



Overlooked tax benefits can become advantage
Lawyer News | 2007/04/06 10:56

With a little over a week left before the federal income tax-filing deadline, local tax preparers and the Internal Revenue Service are urging taxpayers to take a moment before they file their returns to be sure they do not overlook several important benefits.

"Time is running out for tax filers to take advantage of the special telephone excise tax refund and other benefits such as the Earned Income Tax Credit," IRS spokesman Dan Boone said in prepared comments.

"If you don't claim it, you don't get it. That's money down the drain for thousands of Tennesseans."

In addition, many taxpayers also overlook free services available to them, such as free tax help and the Free File program.

Still others lose out by not filing a return at all. Even if a taxpayer does not owe tax and is not required by law to file a return, he may miss out on a refund or tax credit.

Here are some refunds, credits or services Boone says are frequently overlooked:

Telephone Excise Tax Refund - This is a one-time refund of long-distance excise taxes available on 2006 income tax returns. The refund applies to charges billed from March 2003 through July 2006.

The IRS offers a standard refund amount of $30 to $60, or taxpayers can calculate the actual tax paid. Even if the taxpayer does not normally have to file a return, Form 1040EZ-T can be used to request this refund.

Businesses and exempt organizations can also request it. Taxpayers can visit IRS.gov for more information on this special payment.

"Tennesseans have already left more than $12 million on the table by failing to request this special refund," Boone said.

IRS Free File - Nearly 20 companies are offering free electronic filing to taxpayers whose 2006 adjusted gross income was $52,000 or less. That means 1.9 million Tennesseans can take advantage of the IRS-sponsored Free File program.

"Free File users get all the benefits of IRS E-file: a faster refund, a virtually error-free return, and confirmation that the IRS received your tax return," Boone said. A link to Free File offerings is located on the IRS.gov homepage.

Earned Income Tax Credit - Earned income of less than $39,000 in 2006 may qualify a taxpayer to claim the earned income tax credit.

This credit could be worth up to $4,536.

When the EITC exceeds the amount of taxes owed, it results in a tax refund to those who claim and qualify for the credit.

To qualify, taxpayers must meet certain requirements and file a tax return, even if they did not earn enough money to be obligated to file a return. An electronic special "EITC Assistant" is available on IRS.gov to help taxpayers determine whether they are eligible.

Taxpayers can access more information on this credit by visiting IRS.gov and clicking on "1040 Central."

"More than half-a-million Tennesseans claimed EITC last year, but the IRS estimates that another 20 to 25 percent could be claiming it," Boone said.

Unclaimed Refunds - Refunds totaling approximately $30.8 million are waiting for about 27,600 Tennesseans who failed to file a federal income tax return for 2003.

In order to collect the money, a return for 2003 must be filed no later than April 17.

The IRS estimates that half of those who could claim refunds would receive more than $600. In some cases, individuals had taxes withheld from their wages, or made payments against their taxes out of self-employed earnings, but had too little income to require filing a tax return.



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