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Intl. Court unseals warrant for Congo militia leader
Legal World News | 2008/04/29 15:52
The International Criminal Court has published an arrest warrant for a Congo militia leader wanted for allegedly using child soldiers.

The court says Bosco Ntaganda conscripted child soldiers to fight in the Ituri region of eastern Congo from July 2002 until December 2003.

The court's prosecutor says Ntaganda is still at large in the Congo.

Prosecutors say he is chief of staff of a "political-military group" commanded by rebel Laurent Nkunda in North Kivu province.

Tuesday's statement alleges that Ntaganda is a former ally of Thomas Lubanga. Lubanga was the first suspect taken into custody by the Hague-based court and is due to go on trial in late June for allegedly using child soldiers.



Smithtown developer pleads guilty in bribery case
Criminal Law Updates | 2008/04/29 11:54
A Smithtown developer pleaded guilty to a felony bribery charge yesterday - the second person to admit guilt and agree to cooperate in a widening building department corruption probe that has rocked town government.

Robert Fitzpatrick, 55, of Bayport, pleaded guilty to third-degree bribery before Suffolk County Court Judge Martin Efman. He was released on his own recognizance until his sentencing on July 14.

As part of a plea deal, Fitzpatrick faces a reduced maximum sentence of 1 to 3 years in prison, or as little as no jail time at all.

Prosecutor Kevin Ward said Fitzpatrick admitted to offering a $5,000 bribe to then-chief building inspector Robert Bonerba in March 2003 in connection with a house being built by Smithtown developer Frank Esposito.

Ward said Fitzpatrick lied on building permits for the developer's house to save money on permit fees and avoid a higher tax liability.

Rocking back and forth in brown loafers and with his hands folded neatly in front of his blue sport coat, Fitzpatrick said only "Yes" and "No" before the judge during the plea.


US government begins tax rebates to stimulate economy
Lawyer News | 2008/04/28 18:11
The US government began giving out tax rebates Monday in hopes the instant cash will spark consumer spending to revive an economy many analysts believe is in recession. The Internal Revenue Service (IRS) said it had begun to transfer economic stimulus payments to "millions of Americans," some of whom would see payments in their bank accounts the same day. The first beneficiaries will be people who have filed 2007 tax returns, which were due on April 15, and requested any refund to be deposited directly into their bank accounts, the IRS said in a statement.

Rebate paper checks will be mailed to those who did not opt for an electronic transfer, beginning on May 9. The IRS will issue payments of up to 600 dollars (1,200 dollars for married couples), plus 300 for eligible children younger than 17.

The rebates are available to individuals who have income of less than 75,000 dollars a year, or 150,000 dollars for a couple. People who have no requirement to file a tax form must have at least 3,000 in qualifying income, such as earned income and pension benefits, and file the form to receive a rebate.

Rebate checks will continue to be mailed through mid-July. For those who did not file by the April 15 deadline, there may be a delay in receiving the rebates, the IRS said.

The stimulus plan is expected to cost 152 billion dollars this year.



Supreme Court upholds photo ID law for voters
Lawyer Blog News | 2008/04/28 18:06
The Supreme Court ruled Monday that states can require voters to produce photo identification without violating their constitutional rights, validating Republican-inspired voter ID laws.

In a splintered 6-3 ruling, the court upheld Indiana's strict photo ID requirement, which Democrats and civil rights groups said would deter poor, older and minority voters from casting ballots. Its backers said it was needed to prevent fraud.

It was the most important voting rights case since the Bush v. Gore dispute that sealed the 2000 election for George W. Bush. But the voter ID ruling lacked the conservative-liberal split that marked the 2000 case.

The law "is amply justified by the valid interest in protecting 'the integrity and reliability of the electoral process,'" Justice John Paul Stevens said in an opinion that was joined by Chief Justice John Roberts and Anthony Kennedy. Stevens was a dissenter in Bush v. Gore in 2000. Justices Samuel Alito, Antonin Scalia and Clarence Thomas also agreed with the outcome, but wrote separately.

Justices Stephen Breyer, Ruth Bader Ginsburg and David Souter dissented, just as they did in 2000.More than 20 states require some form of identification at the polls. Courts have upheld voter ID laws in Arizona, Georgia and Michigan, but struck down Missouri's. Monday's decision comes a week before Indiana's presidential primary.



Smithtown contractor admits to bribe
Criminal Law Updates | 2008/04/28 17:08

A Smithtown contractor pleaded guilty to a felony bribery charge on Monday -- the second person to admit guilt and agree to cooperate in a widening buildings department corruption probe that has rocked town government.

Robert Fitzpatrick, 55, of Bayport, pleaded guilty to third-degree bribery before Suffolk County Court Judge Martin Efman. He was released on his own recognizance pending sentencing on July 14.

As part of a plea deal, Fitzpatrick faces a maximum of 1 to 3 years in prison, or as little as no jail time at all.

Prosecutor Kevin Ward said Fitzpatrick admitted to offering a $5,000 bribe to then-chief buildings inspector Robert Bonerba in March 2003 in connection with a house Ward was building for Smithtown developer Frank Esposito.

Ward said Fitzpatrick lied on building permits for the developer's house to save money on permit fees and avoid a higher tax liability.

Rocking back and forth in brown loafers and with his hands folded neatly in front of his blue sport coat, Fitzpatrick said only "yes" and "no" before the judge.

Earlier this month, Esposito, of Nissequogue, pleaded guilty to giving Bonerba a $10,000 bribe. Ward said in court Monday that Fitzpatrick and Esposito evenly contributed $5,000 toward the bribe. Bonerba has not been charged in the case.

Also as part of his plea deal, Fitzpatrick agreed to pay the town $50,000 -- money prosecutors say he gained illegally in the project.

Fitzpatrick now joins Esposito in helping prosecutors understand the depth of town corruption.

"The defendant has entered into a cooperation agreement with the district attorney's office," Ward said in court.

Outside the courtroom, Ward said only, "We are going to follow the evidence wherever it leads us. This investigation is active and ongoing. It encompasses both the town building's department and the rest of town government."

Suffolk County District Attorney Thomas Spota has been investigating the buildings department for two years.

Asked by reporters about his cooperation, Fitzpatrick, said only "Not at this time." His attorney, Fred Schwartz, of Smithtown, also declined to comment.

Bonerba was suspended by the town in December 2006 for failing to properly fill out his financial disclosure statements. Before a hearing could be held to weigh his termination, he retired on a state pension of $31,871.

Bonerba could not immediately be reached for comment.



Jonathan Stoler Joins Sheppard Mullin NY
Law Firm News | 2008/04/28 16:15

Jonathan Stoler has joined the New York office of Sheppard MullinRichter & Hampton LLP as a partner in the firm's Labor and Employmentpractice group, which was recognized by the Legal 500 in 2007 as among the bestin the United States.  Stoler will serveas head of the firm’s labor and employment practice in New York.  He most recently practiced as a partner inthe New York office of Heller Ehrman, where he co-chaired the office’s hiringcommittee.

Stoler is an accomplishedlitigator and counselor whose practice encompasses a wide range of labor andemployment matters, including the defense of single plaintiff and class actiondiscrimination, wrongful discharge and wage/hour claims, in addition toemployment contract, non-competition, whistleblower, sexual harassment andrelated claims.  He regularly representsclients in labor and employment litigations in federal and state courts, inarbitrations before the American Arbitration Association and the FinancialIndustry Regulation Authority, and in proceedings before various administrativeagencies, including the Equal Employment Opportunity Commission, the U.S.Department of Labor and state agencies throughout the United States.  Stoler also represents clients in collectivebargaining negotiations, labor arbitrations and all stages of the laborelection process, including election campaigns and hearings before the NationalLabor Relations Board.

Stoler regularly counselsboth domestic and international clients regarding the preparation andadministration of personnel policies and provides advice to clients regardingreductions-in-force, discipline and discharge, employee disability and leavesof absence issues.  Stoler also advisesmanagement on union avoidance strategies, the labor aspects of mergers andacquisitions and the extraterritorial application of U.S. laws.

In 2007, Stoler wasindividually recognized by the Legal 500 as among the best labor lawyers in theU.S.

"With Jonathan joiningus and leading the New York employment practice, we continue to grow signaturegroups like Labor and Employment and expand national capabilities to betterserve client needs on both coasts.  OurNew York office continues to grow in breadth and depth, and Jonathan's strongemployment litigation background is an excellent addition," said GuyHalgren, chairman of the firm. 

Commented Stoler, "I am excited to grow the firm's New Yorkemployment practice and add to the firm’s already formidable capabilities onthe East Coast.  With a nationalreputation as a preeminent Labor and Employment group, Sheppard Mullin offers astrong platform for my practice." 

Stoler received a J.D. fromBrooklyn Law School in 1995 and a B.A. from SUNY Buffalo in 1991. 

Sheppard Mullin has more than40 attorneys based in its New York office. The firm's Labor and Employment practice group includes close to 70attorneys firmwide.

About Sheppard Mullin Richter &Hampton LLP

Sheppard Mullin is a full service AmLaw 100 firm with more than 520attorneys in 11 offices located throughout California and in New York,Washington, D.C. and Shanghai.  Thefirm's California offices are located in Los Angeles, Century City, SanFrancisco, Silicon Valley, Orange County, Santa Barbara, San Diego and Del MarHeights.  Foundedin 1927 on the principle that the firm would succeed only if its attorneysdelivered prompt, high quality and cost-effective legal services, SheppardMullin provides legal counsel to U.S. and international clients.  Companies turn toSheppard Mullin to handle a full range of corporate and technology matters,high stakes litigation and complex financial transactions.  In the U.S., the firm's clients include morethan half of the Fortune 100 companies.  Formore information, please visit www.sheppardmullin.com.



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