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Judge to release Libby sentencing letters
Lawyer Blog News | 2007/06/01 14:43

US District Judge Reggie B. Walton said Thursday that he will release more than 150 letters he has received in relation to next week's sentencing of former vice-presidential aide I. Lewis "Scooter" Libby. While Libby opposed the release of the letters, saying that the writers did not intend for them to become public, various news sources argued that the letters were now matters of public record. Walton agreed that transparency is needed and will release the letters, minus addresses and other personal information, after Tuesday's sentencing.

Walton said that the letters run the full spectrum, with some urging leniency while others call for a substantial sentence. Special Prosecutor Patrick Fitzgerald recommended a sentence of two-and-a-half to three years, following Libby's March conviction of perjury and obstruction of justice related to the investigation of the Valerie Plame CIA leak case.



US violent crimes, FISA warrants up in 2006
Lawyer Blog News | 2007/06/01 13:40

FBI Assistant Director of Public Affairs John Miller said Wednesday during an interview with C-SPAN that an FBI report expected to be released next week will detail a nationwide increase in murders, robberies and other violent crimes for a second straight year. Miller said the report will likely show "a continued uptick in violent crime, particularly among midsized American cities." Miller also told AP and the New York Daily News that 2,176 Foreign Intelligence Surveillance Act (FISA) search warrants were approved by the Foreign Intelligence Surveillance Court (FISC) in 2006, an increase from 1,754 in 2005.

Miller said most of warrants were issued against search targets inside the United States, and attributed the increase to a "high tempo of terrorist activity." In April of last year, the US Department of Justice (DOJ) reported a record number of approved FISA warrants during 2005. The Bush administration has sought amendments to FISA, which it says is inflexible and unable to meet the threat of terrorism.

In December, the FBI's Preliminary Semiannual Uniform Crime Report found an increase of 3.7 percent in violent crimes, but a 2.6 percent decrease in property crimes such as burglary, larceny-theft, and motor vehicle theft. In 2005, the FBI's Annual Report on Violent Crime found that violent crimes had increased for the first time since 2001 by 2.3%.



DOJ probe to look into attorney hiring practices
Lawyer Blog News | 2007/05/31 16:44

The Justice Department has launched an internal investigation into whether Bush administration officials violated civil service rules by favoring conservative Republicans when hiring lawyers in the Civil Rights Division, the department disclosed yesterday in a letter to Congress. The probe will also examine whether the administration illegally used a political litmus test when vetting candidates for non-partisan positions elsewhere in the Justice Department, according to the heads of the department's offices of inspector general and professional responsibility.

The disclosure that the two watchdogs are focusing on the Civil Rights Division marks an expansion to a new arena of the Justice Department of an ongoing investigation into whether politics played a role in the firing of nine US attorneys in 2006. The probe has widened to encompass allegations that the administration has used its control of the Justice Department to gain a partisan edge.

"This is to notify you that we have expanded the scope of our investigation to include allegations regarding improper political and other considerations in hiring decisions within the Department of Justice," wrote Inspector General Glenn Fine and Office of Professional Responsibility chief Marshall Jarrett , who are conducting a joint inquiry.

Under federal law, officials may not take political affiliation into account when hiring career professionals, permanent, non-partisan employees who stay on when an administration changes. But last week, a former aide to Attorney General Alberto Gonzales , Monica Goodling , told Congress that she had "crossed the line" by attempting to block liberal applicants from being hired as career assistant prosecutors and immigration judges.

Goodling, a key figure in the US attorney firings who resigned in April, was granted immunity from prosecution in exchange for her testimony. While it was known that Goodling's hiring practices were under investigation, the letter made clear for the first time that the internal probe has now been extended to hiring by other administration appointees as well.

"Among the issues that we intend to investigate are allegations regarding Monica Goodling's and others' actions in DOJ hiring and personnel decisions; allegations concerning hiring for the DOJ Honors Program and Summer Law Intern Program; and allegations concerning hiring practices in the DOJ Civil Rights Division," they wrote.

The offices did not disclose whom else they are investigating. Dean Boyd , a Justice spokesman, declined to comment on the probe's expansion.



Accounting firm executives charged with tax fraud
Lawyer Blog News | 2007/05/31 15:35

US federal prosecutors unsealed an indictment Wednesday charging four current and former partners of "Big-Four" accounting firm Ernst & Young with tax fraud. The indictment alleges that the defendants created tax shelters through development of "false and fraudulent factual scenarios", and marketed them to individuals with taxable income generally exceeding $10-20 million. The four are charged with a number of violations, including conspiring to defraud the IRS, tax evasion, making false statements, and impeding and impairing the lawful functioning of the IRS. Prosecutors decided against bringing criminal charges against Ernst & Young itself.

Lawyers for the two present Ernst & Young partners, Richard Shapiro and Martin Nissenbaum, said in statements that their clients had not engaged in any wrongdoing, and were cooperating with authorities. Lawyers for former partners Robert Coplan and Brian Vaughn have not yet commented on the case.



Russian tax body could join suit vs. Bank of New York
Lawyer Blog News | 2007/05/30 15:41

Russia's federal tax body could join a $22.5 billion lawsuit filed by Russian customs against the Bank of New York if a criminal case is launched against bank's representatives, a Tax Service spokesman said Tuesday.

The Federal Customs Service on May 17 accused the bank of laundering untaxed profits of Russian exporters in 1996-99 and said it had filed a damages lawsuit with the Moscow Arbitration Court.

"The Russian Federal Tax Service will get involved only if a criminal case is launched," the spokesman said.

Andrei Belyaninov, the head of the Federal Customs Service, said earlier he was optimistic about the prospects of his service's lawsuit against the bank, and saw no reason to give it up.

Experts doubt that customs authorities will recover the entire sum claimed, but lawyers acting for the service say their claim is legitimate, as the bank has admitted that $7.5 billion was laundered, and under U.S. law the plaintiff can demand compensation three times greater than the original loss.

The bank, which pleaded guilty to violating U.S. laws on control over financial flows in 2005 and was fined $38 million, dismissed the new claim.



Cheney lawyer wants visitor logs destroyed
Lawyer Blog News | 2007/05/30 12:34

A lawyer for Vice President Dick Cheney told the Secret Service in September to eliminate data on who visited Cheney at his official residence, a newly disclosed letter states.

The Sept. 13, 2006, letter from Cheney's lawyer says logs for Cheney's residence on the grounds of the Naval Observatory are subject to the Presidential Records Act.

Such a designation prevents the public from learning who visited the vice president.

The Justice Department filed the letter Friday in a lawsuit by a private group, Citizens for Responsibility and Ethics in Washington, seeking the identities of conservative religious leaders who visited Cheney at his official residence.

The newly disclosed letter about visitors to Cheney's residence is accompanied by an 18-page Secret Service document revealing the agency's long-standing practice has been to destroy printed daily access lists of visitors to the residence.

Separately, the agency says it has given Cheney's office handwritten logs of who visits him at his personal residence.

Because of pending lawsuits, the Secret Service says it is now keeping copies of all material on visitors to Cheney's residence. According to the Secret Service document, Cheney's office has approved the agency's retention of the records, while maintaining they are presidential records subject to Cheney's control.

''The latest filings make clear that the administration has been destroying documents and entering into secret agreements in violation of the law,'' said Anne Weismann, CREW's chief counsel.



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