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Today's Date: U.S. Attorney News Feed
Investigator in HP spy probe pleads guilty
Court Feed News | 2007/01/13 00:28

Bryan Wagner, the private investigator involved in the Hewlett-Packard corporate spying scandal pleaded guilty Friday to federal charges of conspiracy and aggravated identity theft. Wagner was accused of using used the social security number of a targeted reporter to obtain the reporter's telephone records, which Wagner provided to other co-conspirators. The charges carry a possible five-year sentence for conspiracy and a mandatory minimum of two years imprisonment for the aggravated identity theft charge. Under Wagner's plea agreement, he will cooperate with prosecutors in future investigations in exchange for a lighter sentence.

In November, Wagner pleaded not guilty to state charges of using false or fraudulent pretenses to obtain confidential information from a public utility, unauthorized access to computer data, identity theft, and conspiracy to commit those crimes stemming from his role in the corporate spying scandal. The scandal prompted Congress to pass anti-pretexting legislation in 2006, criminalizing obtaining phone records through fraud or lying.



German court refuses Moroccan's appeal
Court Feed News | 2007/01/12 23:25

Germany’s highest court, the Federal Constitutional Court in Karlsruhe, announced Friday that it will not hear the appeal of the 15-year sentence of convicted September 11 conspirator Mounir al-Motassadeq. Moroccan-born Motassadeq has another appeal to German appellate courts filed, but it is unknown when it will be considered. Lawyers for Motassadeq have also said they may take the case to the European Court of Justice.

Motassadeq admitted to attending an al-Qaeda training camp in Afghanistan and being friends with some of the Sept. 11 hijackers, but denies knowledge of the attack. The court found Motassadeq guilty because he knew his accomplices planned to hijack planes, even if he remained ignorant as to the details of the attacks. The court also found that Motassadeq aided the hijackers by funneling money and helping them maintain appearances of being university students. Motassadeq's defense team hoped to force a new trial with witnesses previously prevented from testifying by the United States government. Motassadeq's first conviction was overturned in 2004, in part due to concerns over access to witnesses, but on retrial American officials refused to allow terror suspects in US custody to testify in court, instead agreeing only to provide summaries of its interrogations of prisoners.



First Guilty Plea In HP Boardroom Leak Case
Court Feed News | 2007/01/12 19:34

A former Hewlett-Packard Co. private investigator pleaded guilty to posing as a reporter and company directors to get telephone records for an internal probe of boardroom leaks.

Bryan Wagner, 29, of Littleton, Colorado, admitted identification theft and conspiracy today before U.S. District Judge Jeremy Fogel in San Jose, California. Wagner's lawyer said his client didn't know he was working for the company and was assured his actions were legal. Wagner agreed to assist the U.S. in its investigation of the leak probe at Hewlett-Packard, the world's largest personal-computer maker.

``Its kind of a one-way street,'' Fogel said of Wagner's cooperation agreement. ``You are making a promise to the government. The government is not promising they will make a recommendation of leniency.''

Disclosure of Palo Alto, California-based Hewlett-Packard's probe led to the resignations of former Chairman Patricia Dunn, General Counsel Ann Baskins and three other executives. Wagner's defense lawyer, Stephen Naratil, said his client has been cooperating with prosecutors. Wagner faces as much as seven years in prison at his sentencing on June 20.

Wagner and two other private detectives, Ronald DeLia and Matthew Depante, were accused of faking identifications, a technique known as pretexting, to get phone records of board members and journalists.



Law challenged by teacher accused of filming students
Court Feed News | 2007/01/12 08:01

DALLAS A Texas high school teacher is accused of videotaping a girls wrestling match for his sexual enjoyment. Attorneys for 28-year-old David Ware, a first-year speech and drama teacher in suburban Dallas, says he'll himself in to Grand Prairie police. Ware is facing charges of improper visual recording.

Police say Ware captured about two hours of video at an all-day wrestling tournament Saturday, often zooming in on the crotches of female wrestlers. Ware is also a softball coach at Garland Lakeview Centennial High School, which did not have a team competing at the tournament. He's now on paid leave. Defense attorney Scott Palmer says Ware was simply interested in wrestling. Under Texas law, videotaping a person without their consent for sexual arousal is a state jail felony. Conviction carries a penalty of up to two years in prison and a ten-thousand-dollar fine.


Supreme Court rules in railroad negligence case
Court Feed News | 2007/01/11 02:33
The US Supreme Court ruled Wednesday that the causation standard for railroad negligence under the Federal Employers Liability Act is the same as that for employee contributory negligence under the Act. In Norfolk Southern v. Sorrell, an employee of the railroad sued for injuries suffered and was awarded $1.5 million in damages. The railroad disputed jury instructions used at trial, arguing that the standard used to determine the railroad's negligence was "much more exacting" than the standard used for employee contributory negligence. The Supreme Court vacated the state appeals court decision and remanded the case for further proceedings.


Supreme Court rules in immigration, patent cases
Court Feed News | 2007/01/10 04:46

The US Supreme Court handed down decisions in three cases Tuesday, including US v. Resendiz-Ponce, where the Court upheld the conviction of Juan Resendiz-Ponce on charges of attempting to re-enter the United States illegally from Mexico after being deported. The indictment in the case did not allege an overt act showing that he tried to enter the US, but the Supreme Court ruled that the indictment was not defective as it "need not specifically allege a particular overt act or any other 'component part' of the offense." Read the Court's opinion per Justice Stevens, along with a dissent from Justice Scalia.

In MedImmune v. Genentech, the Court ruled that MedImmune did not need to breach its patent license agreement with Genentech before challenging the patent's validity, overturning a Federal Circuit decision.

In a statement Tuesday the industry group Coalition for Patent Fairness said that the unanimous ruling demonstrated yet again that "the patent system needs to be modernized. Fair patent protections deliver innovative products for consumers and strengthen America's international competitiveness. This ruling is a positive step, but it is clear that a legislative remedy is needed to strengthen our overall patent system."

Finally, the Court remanded Burton v. Stewart back to the lower courts, saying that Lonnie Lee Burton's appeal should be dismissed for lack of jurisdiction. The Court had agreed to hear the case to determine whether Blakely v. Washington, the 2004 decision which limited judges' discretion in criminal sentencing, "announced a new rule and, if so, whether it applies retroactively on collateral review." Despite hearing oral arguments on those issues, the Court ruled that Burton never complied with the jurisdictional requirements of 28 US 2244(b).



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