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Texas wants 8 kids from sect back in state care
Lawyer Blog News | 2008/08/06 13:13
Texas child welfare authorities asked a judge on Tuesday to place eight children from a Texas polygamist sect's ranch back into foster care, saying their mothers refuse to limit their contact with men accused of being involved in underage marriages.

Child Protective Services filed petitions asking Texas District Judge Barbara Walther to place the six girls and two boys belonging to four different mothers back in foster care.

The children, ranging in age from 5 to 17, will be allowed to remain with their mothers until a hearing scheduled for Sept. 25, said CPS spokeswoman Marleigh Meisner. None currently lives at the Yearning For Zion Ranch in Eldorado.

CPS filed petitions detailing alleged involvement in underage marriages by the children's fathers or stepfathers, submitting sect marriage documents, notes from suspected underage brides, photos and journal entries from Warren Jeffs, the jailed leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints.

Two of the girls are daughters of Lloyd Hammon Barlow, a doctor indicted last month on three misdemeanor counts of failing to report child abuse, according to court filings.

Five other sect members, including Jeffs, were charged with sexual assault last month, but their children are not among those in the CPS petitions. The other six children are related, by blood or marriage, to men who are not under indictment but are accused by child welfare authorities of participating in or blessing underage marriages.

An FLDS spokesman did not immediately respond to a call seeking comment Tuesday.

CPS has continued its investigation of the 440 children taken from the Eldorado ranch since the Texas Supreme Court ruled in late May that the children should not have been swept into foster care under a blanket petition and hearing. The court said evidence showed no more than a handful of girls were abused or were at risk of abuse.



Spanish court opens second Tibet probe
Legal World News | 2008/08/06 13:11
Spain's National Court on Tuesday said it will review allegations that two Chinese government ministers and five other officials were responsible for repressing protests against Chinese rule in Tibet earlier this year.

Two Spanish pro-Tibet groups filed a lawsuit, claiming the seven officials were responsible for at least 203 deaths, more than 1,000 injured and nearly 6,000 illegal arrests and disappearances during the March protests.

Investigative magistrate Santiago Pedraz said the court is entitled to investigate under Spain's principle of universal jurisdiction for cases dealing with charges, such as genocide and crimes against humanity, regardless of where they were allegedly committed.

The statement names Defense Minister Lian Guanglie and State Security Minister Geng Huichang among the seven. Two army officials and two senior Communist Party officials are also being probed.

After studying the evidence, the judge will decided if there is sufficient evidence to file charges.

The Chinese foreign ministry in Beijing said it had seen the news reports on the matter but had no immediate comment.

The groups filing the suit were named as the Tibet Support Committee and the House of Tibet Private Foundation.

In recent years, Spanish magistrates have used the principle of universal jurisdiction several times to pursue cases in different countries, most notably against members of former military regimes in Latin America, but extraditions and convictions have been rare.

In a separate case, the Madrid court has also been reviewing since 2006 another lawsuit filed by the Tibet Support Committee against several former Chinese officials for alleged genocide in the years after Chinese Communist troops entered Tibet in 1951.



IRS Warns About Donor-Advised Funds
Lawyer News | 2008/08/06 11:17

The Internal Revenue Service has issued a guide sheet for organizations that maintain donor-advised funds to help safeguard against abuses.

Donor-advised funds allow organizations to make contributions that are generally treated similarly to contributions to charities, providing them with greater tax benefits than donations to private foundations. The guide sheet includes a series of questions to establish whether the organization qualifies as a sponsoring organization.

In an explanation accompanying the guide sheet, the IRS describes several court precedents, including a 2006 case, New Dynamics Foundation v. United States, in which the court determined that the foundation did not qualify for a tax exemption because it permitted donors to use funds to serve their private interests.

"Donor-advised funds are intended to accomplish charitable purposes rather than to generate fees from securities trading for investment advisors," said the IRS explanation. "If the arrangement produces too much private benefit to the financial company, the organization does not qualify for exemption."




Wilson Sonsini Paid Client $9.5M to Defray Backdating Costs
Headline News | 2008/08/05 15:30

Brocade Communications Systems, seeking to recoup losses from the company's stock-option scandal, has decided to pursue racketeering claims against 10 former executives and directors of the company, including former Chief Executive Gregory Reyes, now in prison for his role in the backdating. However, in court filings released Monday, the company announced it did not plan to pursue claims against Silicon Valley über-lawyer Larry Sonsini and his firm, Wilson Sonsini Goodrich & Rosati.

Brocade's special litigation committee emphasized that Sonsini, who had played controversial dual roles at Brocade as both its corporate counsel and as a board member, and his firm had maintained that they had been misled by Reyes.

The filings revealed that another reason was a $9.5 million "contribution" from Wilson Sonsini to defray legal expenses related to the scandal.

"These guys did a very thorough investigation and found it would be inappropriate to pursue a claim against the firm or any one of its lawyers," said Wilson Sonsini spokeswoman Courtney Dorman.

In its 307-page filing, the litigation committee said it would assert claims against the defendants under the Racketeer Influenced and Corrupt Organizations Act, known as RICO, for violations of federal law.

The new Brocade suit also targets Stephanie Jensen, Brocade's former vice president of human resources, who was also convicted of federal crimes. It also names five other former

executives and three directors on Brocade's audit committee: Neal Dempsey, Mark Leslie and Seth D. Neiman.
Reyes' attorney Richard Marmaro said it is "sad" that the Brocade committee "has chosen to denigrate the accomplishments of so many past and present employees by recklessly suggesting that at the height of its success, Brocade was used as a racketeering enterprise."

Brocade was among the first companies to come under suspicion for secretly manipulating stock options to benefit insiders, foreshadowing a national scandal that raised suspicions at more than 200 firms. The scandal prompted criminal charges, the ousters of scores of executives and billions of dollars worth of financial restatements.



Lawyers for Mexican say execution violates treaty
U.S. Legal News | 2008/08/05 13:26
Condemned prisoner Jose Medellin looked to the federal courts to keep him from the death chamber Tuesday for his part in the gang rape, beating and strangling of two teenage girls 15 years ago.

The Mexican-born Medellin, 33, faced lethal injection in a case that has drawn international attention after he raised arguments he wasn't allowed to consult the Mexican consulate for legal help after he was arrested in the girls' murders.

Late Monday, Medellin was moved from death row at a prison outside Livingston to Huntsville, where he would be the fifth Texas inmate executed this year. His transfer came after the Texas Board of Pardons and Paroles rejected requests for clemency and a reprieve.

"The board's action is against the interests of the nation and risks the safety of thousands of American traveling and living abroad," said Donald Donovan, one of Medellin's lawyers, referring to the warning by the U.S. Embassy in Mexico of possible protests there Tuesday. "We must now rely on the U.S. Supreme Court to prevent Texas from breaking a commitment made by the president and Senate on behalf of the country as a whole."

The International Court of Justice, also known as the World Court, has said Medellin and some 50 other Mexicans on death row around the nation should have new hearings in U.S. courts to determine whether a 1963 treaty was violated during their arrests. Medellin is the first among them who is set to die.

His attorneys contend he was denied the protections of the Vienna Convention, which calls for people arrested to have access to their home country's consular officials.

President Bush has asked states to review the cases, but the U.S. Supreme Court ruled earlier this year that neither the president nor the international court can force Texas' hand. Medellin's supporters say Congress or the Texas Legislature should be given a chance to pass a law setting up procedures for new hearings before he is executed.



Co-defendant in OJ Simpson case pleads guilty
Court Feed News | 2008/08/05 12:27
A fourth co-defendant pleaded guilty Monday in the O.J. Simpson armed robbery and kidnapping case, agreeing to testify against the Hall of Fame football player and one remaining co-defendant.

Charles Ehrlich entered his plea to reduced charges of attempted accessory to robbery and attempted burglary.

Ehrlich is one of five men who accompanied Simpson during a confrontation in September with two sports memorabilia dealers at a casino hotel room.

He's now the fourth to take a plea deal, leaving one co-defendant, Clarence "C.J." Stewart, facing trial with Simpson beginning Sept. 8.

Simpson and Stewart have pleaded not guilty to charges of kidnapping, armed robbery and assault with a deadly weapon that could put them in prison for life if convicted.

Simpson has maintained that he was trying to retrieve personal belongings and family heirlooms, and that no guns were involved.

Simpson's lawyer, Yale Galanter, said he couldn't immediately assess the effect of Monday's plea.



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