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Report: Syracuse sex-abuse probe prompt but flawed
Court Feed News | 2012/07/05 22:02
Syracuse University's prompt response to allegations of sexual abuse against an assistant basketball coach was done in good faith but was flawed because, among other things, there was no direct contact with law enforcement, a special committee of the university's board of trustees said in a report released Thursday.

Although the 52-page document states there was no attempt to "cover up" any conduct, it reiterates a criticism voiced by Onondaga County District Attorney William Fitzpatrick that police and the district attorney should have been notified immediately so they could conduct the investigation with all the experience and tools available to law enforcement.

The committee assessed the university's response to allegations that Bernie Fine had sexually abused former ball boy Bobby Davis. It said Davis' allegations "should have been viewed from the outset as involving serious alleged crimes."

Davis, now 41, claims Fine molested him for years beginning when he was around 12 years old. He took the claims to university officials in September 2005.

Fine, in his 36th year on the basketball staff, was fired in November 2011 after the allegations were made public.


Assembly OKs adding bank settlement into Calif law
Business Law Info | 2012/07/03 22:03
California would become the first state to write into law much of the national mortgage settlement negotiated this year with the nation's top five banks, and expand it to all lenders, under wide-ranging legislation state lawmakers approved Monday.

Majority Democrats sent the homeowner protection package to Gov. Jerry Brown despite opposition from business and lending organizations and most Republican legislators.

The Assembly approved the legislation on a 53-25 vote, and the Senate followed by voting 25-13.

The legislation would require large lenders to provide a single point of contact for homeowners who want to discuss loan modifications. It would prohibit lenders from foreclosing while the lenders consider homeowners' request for alternatives to foreclosure. And it would let California homeowners sue lenders to stop foreclosures or seek monetary damages if the lender violates state law.


Solar firm that got DOE loan to declare bankruptcy
Business Law Info | 2012/07/01 22:02
A Colorado-based solar panel maker that received a $400 million loan guarantee from the Obama administration said Thursday it will file for bankruptcy, the latest setback for an industry battered by the recession and stiff competition from companies in China.

Abound Solar of Loveland, Colo., said it will suspend operations next week, after talks with potential buyers broke down. The company received about $70 million from the Energy Department before officials froze its credit line last year.

Abound is the third clean-energy company to seek bankruptcy protection after receiving a loan from the Energy Department under the economic stimulus law. California solar panel maker Solyndra and Beacon Power, a Massachusetts energy-storage firm, declared bankruptcy last year. Solyndra received a $528 million federal loan, while Beacon Power got a $43 million loan guarantee.


Wis. Supreme Court upholds damages in drug lawsuit
Law Firm News | 2012/06/22 18:09
The Wisconsin Supreme Court on Friday upheld damages that were awarded in a lawsuit the state brought against a prescription drug company accused of inflating prices.

The lawsuit dates back to 2004 when then-Attorney General Peg Lautenschlager sued 36 drug companies alleging they inflated wholesale prices to get larger payments from Medicaid, private insurers and consumers.

The case against Pharmacia Inc. was the first to go to trial, and in 2009 a jury found that the drug maker violated the state's Medicaid fraud law 1.44 million times over a decade. After reviewing the evidence, the judge found the actual tally was 4,578 and ordered the company to pay $4.5 million in forfeitures and other costs. The jury also awarded $9 million in damages.

Pharmacia appealed, arguing that the jury incorrectly calculated the damages, that the number of violations should be reduced to zero, and that a jury trial was improper.


Etan Patz suspect's court date postponed to Oct. 1
Headline News | 2012/06/21 19:22
Prosecutors made it clear Wednesday they are still investigating and assessing a case against a man charged in a notorious 1979 child disappearance, agreeing with his lawyer to postpone a court date for three months for both sides to keep gathering information.

Pedro Hernandez had been due in court Monday as doctors evaluate his mental fitness for trial in the murder case surrounding Etan Patz, one of the first missing children whose picture ever appeared on a milk carton. But the Manhattan district attorney's office said Wednesday that both sides had agreed to put off Hernandez's appearance to Oct. 1 "to allow all parties to proceed with their investigations in a measured and fair manner."

Hernandez's lawyer, Harvey Fishbein, declined to comment.

Postponing court dates is far from unusual. But the three-month timeframe appears to allow plenty of time for both sides to see what information might be available to strengthen — or weaken — a court case that arose from a confession from a man who has struggled with mental illness and hallucinations, according to his lawyer and family.


Guilty plea in NY 'mini-al Qaida' cell case
U.S. Legal News | 2012/06/19 17:10
A New Yorker accused of trying to start what prosecutors called "a mini al-Qaida cell" pleaded guilty Monday to federal charges of conspiracy and providing material support to a terrorist organization.

An indictment had alleged that Wesam El-Hanafi pledged loyalty to al-Qaida and sought to teach the terror group how to evade detection on the Internet after he went to Yemen in 2008.

The Brooklyn-born El-Hanafi admitted in federal court in Manhattan to having conversations in 2009 with a co-defendant about "seeking out additional contacts within al-Qaida." The co-defendant, Sabirhan Hasanoff, pleaded guilty to similar charges earlier this month.

Prosecutors had portrayed the two U.S. citizens as a new, more sophisticated breed of homegrown terrorist: Both had earned college degrees and landed well-paying jobs before trying to share their expertise with al-Qaida.


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