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SEC paying $755K to settle with fired lawyer
Lawyer Blog News | 2010/06/30 16:41

The Securities and Exchange Commission is paying $755,000 to settle a lawsuit with a former staff lawyer who accused the agency of blocking his investigation of a prominent hedge fund.

The SEC settlement of Gary Aguirre's wrongful termination claim resolved a long-running controversy that prompted scrutiny in Congress and by the SEC inspector general. The settlement was announced Tuesday by the Government Accountability Project.

Aguirre was fired by the SEC in September 2005. He went public in 2006 with allegations of interference by SEC officials in the probe of Pequot Capital Management and improper deference to a Wall Street executive whom Aguirre wanted to interview. That prompted an investigation by Republican staff of the Senate Judiciary and Finance Committees.

The SEC initially took no enforcement action in the case, which was started in 2004 and closed in 2006. The agency reopened it in January 2009 after documents emerged in a divorce proceeding showing that Pequot began paying $2.1 million to a key witness in the case in mid-2007.

Last month, Pequot and its founder and chairman, Arthur Samberg, agreed to pay a total of $28 million to settle the SEC's charges of insider trading of Microsoft Corp. shares. The SEC alleged that the hedge fund traded Microsoft shares on confidential information provided by a former employee of the technology giant whom it later hired.

Pequot, whose core hedge fund was liquidated last year, and Samberg, a well-known money manager and philanthropist, neither admitted nor denied wrongdoing.

The $755,000 being paid to Aguirre represents his salary for four years and 10 months plus his attorneys' fees, according to the Government Accountability Project, a group that works with whistleblowers. The group said it may be the largest settlement of its kind.

Under terms of the settlement, which was approved by a judge at the federal Merit Systems Protection Board, Aguirre agreed to drop two related cases against the SEC.



Trucker gets life term for attacks on 2 Pa. women
Court Feed News | 2010/06/30 16:39

A former trucker serving at least 75 years in prison for knife attacks on women in New Jersey and Massachusetts will spend the rest of his life in prison after pleading guilty to similar charges in Pennsylvania.

Forty-five-year-old Adam Leroy Lane pleaded guilty Monday to charges stemming from the July 2007 murder of a Pennsylvania woman and an attack on another. The plea deal allows him to escape the death penalty.

Dauphin County Judge Todd Hoover sentenced Lane to life imprisonment for the murder of Darlene Ewalt outside her Harrisburg-area home. Lane was also sentenced to a consecutive 10- to 20-year term for attacking a woman in her rural home north of York.

Prosecutors say the North Carolina man randomly attacked his victims at their homes near the highways he traveled.



Fake IBM playboy pleads guilty
Court Feed News | 2010/06/30 10:39

A 36-year old Dutch man conned thousands of pounds out of show jumpers and horse riding fans by claiming to be the son of a big boss at IBM.

George Carlo Schouten of Finchampstead, Berkshire said his old man was helping out by sponsoring his show jumping team, a Reading court heard yesterday.

He convinced one of Britain's best female riders to join the fictional team and persuaded others to spend thousands of pounds on providing IBM-branded clothes and other kit for the team.



Dozens of reputed mobsters plead not guilty in NJ
Legal Career News | 2010/06/29 16:03

Nearly three dozen alleged members and associates of the New York-based Lucchese crime family have pleaded not guilty to state racketeering, conspiracy and money laundering charges in New Jersey.

Among the defendants who appeared in court in Morristown on Monday was Nicodemo Scarfo Jr., son of former Philadelphia crime boss Nicodemo "Little Nicky" Scarfo.

Also charged are Joseph DiNapoli of Scarsdale, N.Y., and Matthew Madonna of Seldon, N.Y., alleged members of the Lucchese family's three-man ruling panel.

An indictment alleges a litany of offenses under the racketeering charge, including gambling, theft, aggravated assault and bribery.



Kagan on guns: Court precedents are 'settled law'
Lawyer Blog News | 2010/06/29 15:54

Supreme Court nominee Elena Kagan says she considers recent high court decisions expanding gun rights to be "settled law."

Kagan was asked at her confirmation hearing about two recent decisions, including a 5-4 ruling Monday, which essentially guaranteed citizens' Second Amendment rights to have guns, no matter where they live.

Democratic Sen. Dianne Feinstein of California decried growing gang violence in her state, saying officials need leeway to deal with it.

Kagan responded that "once a court decides a case as it did, it's binding precedent." And she said judges must respect a precedent unless it proves unworkable or new facts emerge that would change the circumstances of a case.



BP Sued Over Employee Stock Plan Losses After Spill
Business Law Info | 2010/06/29 13:05

BP Plc was sued by members of its employee savings plan over losses tied to the company’s plunging stock price amid the oil leak disaster in the Gulf of Mexico.

BP has lost more than half of its market value since the April 20 explosion that caused the largest oil spill in U.S. history. The fire and blast aboard the Deepwater Horizon drilling rig that was working on a well for London-based BP killed 11 members of its crew.

The lawsuit, for which the workers are seeking class- action, or group, status was filed yesterday in federal court in Chicago.

“Defendants knew or should have known that investment in BP Plc equity was -- and continues to be -- an imprudent investment of the ESP’s assets due to serious mismanagement and improper business practices that resulted in catastrophic incidents of international significance, including, among others, the BP spill in the Gulf of Mexico,” the plaintiffs claimed.

Full-time, part-time, occasional and temporary employees are eligible to invest in the employee savings plan, or ESP, according to the lawsuit. Regulatory filings show that the plan held $2.45 billion worth of BP American depositary shares, or 29 percent its $8.27 billion of assets, at the end of 2009, according to the complaint.



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