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Today's Date: U.S. Attorney News Feed
Former CEO guilty in 'Ponzi' scheme
Court Feed News | 2011/08/18 12:11
The former CEO of an Austin-based investment firm was found guilty on Wednesday on federal charges that he schemed and defrauded investors out of millions of dollars.

Triton Financial CEO Kurt Branham Barton was named in a 39-count indictment alleging he used former NFL stars and church contacts to raise $50 million fraudulently from investors.

The counts against Kurt Branham Barton included money laundering, wire fraud and securities fraud. He is accused of using the money raised from investors "to support an expanding Ponzi scheme" and to enrich himself and the chief financial officer of his Triton Financial firm.

“It is regrettable that selfish, greedy individuals devise schemes to make themselves rich by victimizing honest and innocent people, often depriving the victims of their life savings," U.S. Attorney John E. Murphy said. "These con artists are usually very accomplished salesmen taking advantage of trusting investors, who unfortunately will never be made whole again."

Evidence presented during the eight-day trial showed that from December 2005 and December 2009, Barton devised a scheme to obtain money from investors under false pretenses.


HTC sues Apple in latest round of patent dispute
Court Feed News | 2011/08/17 17:26
HTC filed the latest lawsuit Monday in U.S. District Court in Wilmington, Del., where Apple Inc. had sued HTC a year ago. Both companies also have brought complaints before the U.S. International Trade Commission, which has the power to block imports of devices and parts found to infringe on a company's intellectual property.

In the latest case, HTC sought unspecified damages and a ban that would prevent Apple from using the technologies in question. HTC said affected products include the iPhone, the iPad tablet computer, Mac notebook and desktop computers and iPod music players. HTC's patents cover such things as integrating a device's computing and communications functions — something basic to all smartphones.


NY court reinstates lawsuit by black Conn. fireman
Court Feed News | 2011/08/16 09:28

A federal appeals court on Monday revived a lawsuit brought by a black Connecticut firefighter over a 2003 exam that led to the promotions of more than a dozen white firefighters ahead of him.

The decision of the 2nd U.S. Circuit Court of Appeals in Manhattan raised new questions about the impact of a Supreme Court ruling in favor of a discrimination lawsuit brought by 18 mainly white firefighters seeking promotions in New Haven, Conn., where white candidates outperformed minority candidates on the exam.

The 2nd U.S. Circuit said the lawsuit by firefighter Michael Briscoe was too hastily tossed out by a lower court judge who referred to the Supreme Court decision in Ricci v. DeStefano, a case brought in 2004.

The Supreme Court ordered New Haven to enforce the results of a 2003 exam that led to the promotions of 17 white firefighters and one Hispanic firefighter and the rejection of Briscoe's promotion quest. The Supreme Court said local governments can nullify the outcomes of such tests only if they can prove there is a "strong basis in evidence" that the tests were discriminatory.

The 2nd Circuit called the Supreme Court decision a "limited holding" and said its restoration of Briscoe's case was consistent with the Supreme Court's intent not to substantially change discrimination law with the Ricci case.

On the 2003 exam, no blacks scored high enough to be promoted to lieutenant or captain. New Haven had refused to certify the results because it said the exam was unfair to minority firefighters and it feared the outcome would lead to liability if the fairness of the results was challenged in court. The three-judge panel of the 2nd Circuit said it was unusual that the Supreme Court did not return the New Haven case to the lower court so the city could see if it had the evidence to prove there was a "strong basis" to show the test was discriminatory.

Briscoe's lawsuit maintained he would have been promoted to lieutenant if the exam followed the industry norm and calculated the results with 30 percent based on answers to written questions and 70 percent based on oral answers, rather than the 60 percent written and 40 percent oral test that New Haven used. His lawyer, David Rosen, said the 39-year-old Briscoe scored the highest among 70 firefighters on the oral portion of the test but did not do well on the written exam.



Calif Supreme Court says threats must be serious
Court Feed News | 2011/08/14 16:07
The California Supreme Court says state laws against threatening a crime victim or witness are valid only if a reasonable listener believes the threats are serious.

The San Francisco Chronicle says last week's unanimous decision means a Riverside County judge must re-examine the conviction of a man who told his jailed wife he would blow away the head of a man who accused them of stealing $250,000.

Eddie Lowery was convicted of threatening a crime victim and he was sentenced to a year in jail.

In its ruling Thursday, the court ruled a threat is not protected by freedom of speech if a reasonable listener concludes the speaker was serious and wasn't merely joking.


Miss. judge suspended for misconduct
Court Feed News | 2011/08/12 17:15
The Mississippi Supreme Court has suspended Alcorn County Justice Court Judge Jimmy McGee for misconduct.

The Mississippi Commission on Judicial Performance had accused McGee of interfering with a criminal case and making "statements in open court encouraging others to engage in vigilante justice."

The complaint involved a case in another court in which McGee's relative was a crime victim. He allegedly said in open court in 2008 that his relative's case should have been handled "down on the farm" instead of in the justice system.

The Supreme Court ordered a suspension without pay for 270 days, a public reprimand and assessed $100 in court costs.


Dougherty siblings to appear in Colorado court
Court Feed News | 2011/08/12 15:14
A woman caught with her two brothers after a nationwide manhunt told Colorado authorities she "deserved to get shot" after pointing a gun at a police chief at the end of the siblings' run from the law, according to a court document.

Lee Grace Dougherty, 29, Dylan Dougherty Stanley, 26, and Ryan Edward Dougherty, 21, are being held in Pueblo County, Colo., on bonds of $1.25 million each. The three made their first court appearance Thursday by video from jail, and none made any statement during the brief hearing.

They face charges of attempted murder of a peace officer and assault on a peace officer. The charges stem from allegations that they shot rounds from an AK-47 at four patrol cars during a chase Wednesday on Interstate 25 in Colorado. The chase ended when troopers deployed spike strips to puncture the tires of the trio's Subaru, and the vehicle rolled and crashed into a guardrail.


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