Legal Book » the-government

Judge Upholds Denial of Permit for ‘Occupy’ Protest at U.S. Court

Master — Fri, 20 Jan 2012 06:02:19 +0000

The “Occupy the Courts” group has been denied permission to demonstrate outside a Manhattan courthouse as part of a national day of protests near federal courthouses over Citizens United, which prohibits the government from limiting independent spending for political purposes by corporations and unions.

Prosecutors Suffer Another FCPA Trial Loss as Judge Acquits ABB Manager of Bribing Mexican Utility Officials

admin — Wed, 18 Jan 2012 22:04:10 +0000

A federal district court judge in Houston has acquitted John O’Shea, the former general manager of the U.S. subsidiary of global manufacturing giant ABB, of charges that he bribed officials at a Mexican state-owned utility.

Judge awards $1.2B in damages against Iran for 1983 Beirut bombing

admin — Fri, 23 Dec 2011 02:48:44 +0000

A D.C. federal judge has issued a final judgment of nearly $1.2 billion in compensatory and punitive damages against the government of Iran for its role in the 1983 bombing of the U.S. Marine barracks in Beirut, writing that the defendants “must be punished to the fullest extent legally possible.”

Judge Chides Prosecutors in FCPA Case Over Secret Notes

Master — Fri, 16 Dec 2011 08:31:42 +0000

Saying the government “effectively snookered” the defense, a D.C. federal judge on Thursday criticized prosecutors for litigation tactics in a foreign bribery case that kept defense lawyers in the dark about key notes that belong to a government witness.

Another Partial Settlement in Epic Nuclear Contamination Case

Master — Thu, 08 Dec 2011 07:38:16 +0000

According to court records, 383 plaintiffs have agreed to settle their claims against the government that radiation from the now-shuttered Hanford Nuclear Reservation in Washington state made them sick. Fewer than 1,000 plaintiffs now remain in a case that’s been pending in federal court for 21 years.

Defense Argues Congress Excluded Poker From Definition of Gambling

admin — Sat, 03 Dec 2011 06:03:29 +0000

Lawyers for two men charged with facilitating the massive trade in online poker took aim at the government last week, insisting that Congress exempted financial institutions from liability for processing gambling monies and did not include poker in its definition of gambling.

Court Tosses Longer Child Porn Sentence

Master — Tue, 29 Nov 2011 08:48:57 +0000

The 11th Circuit has vacated a child pornography defendant’s 17 1/2-year sentence, ruling that the government had to prove the defendant sent pornography to a child — not an unidentified adult posing as one — in order to hit the defendant with an increase found in federal sentencing guidelines.

Judge: Ted Stevens Investigation Reveals Prosecutorial Misconduct

admin — Tue, 22 Nov 2011 07:07:32 +0000

A special prosecutor’s report investigating allegations of misconduct in the investigation and prosecution of the late Alaska Sen. Ted Stevens reveals “systemic concealment” of evidence but does not recommend that any of the government’s lawyers face criminal charges, a federal judge said Monday.

Firm Settles FTC Suit Charging It Aided Client in Dubious Mortgage Services

Master — Thu, 03 Nov 2011 00:19:57 +0000

A New Jersey law firm has agreed to settle FTC charges that it helped its client, a mortgage modification company, engage in unfair, abusive and deceptive marketing practices.

U.S. Sentencing Commission issues first study in 20 years on mandatory minimums

admin — Tue, 01 Nov 2011 20:15:24 +0000

Black convicted offenders are the racial group least likely to earn relief from mandatory minimum sentences for assisting the government, according to a major study of mandatory minimum penalties by the U.S.

Raj Rajaratnam Sentenced to 11 Years for Insider Trading

Master — Thu, 13 Oct 2011 22:44:22 +0000

The pivotal figure in the most wide-ranging insider-trading prosecution in history was given a break by Judge Richard Holwell, who pronounced sentence after ruling for the government on virtually everything it wanted in calculating the sentencing range, which he agreed was between 19 1/2 and 24 1/2 years in prison.

Full 11th Circuit will take up question of crack sentencings

admin — Tue, 11 Oct 2011 05:43:41 +0000

The full 11th Circuit has decided to take up a question about the scope of a 2010 federal statute designed to reduce the disparity between crack and powder cocaine sentences. The en banc review is remarkable because the government has signed on to the defense position in the cases to be reheard.

Ex-Seyfarth Shaw Partner Barred From Promoting Tax Shelters

Master — Tue, 04 Oct 2011 23:58:17 +0000

John Rogers, a former Seyfarth Shaw tax partner who now has his own practice in Chicago, has been prohibited by a federal judge from offering clients tax shelters that the government claims improperly reduce the income of U.S. taxpayers.

Ninth Circuit Faults Way ‘Terrorist’ Label Was Affixed to Al-Haramain

Master — Sat, 24 Sep 2011 07:17:26 +0000

The 9th Circuit has ruled that the government violated the constitutional rights of an Islamic charity in how it blocked its funds and designated it as a terrorist group. But the panel rejected the argument that the government wasn’t entitled to use classified information in designating groups as terrorist organizations.

Feds Raise Stakes in Case Against Full Tilt Poker, Accuse Site of Running ‘Global Ponzi Scheme’

Master — Wed, 21 Sep 2011 07:45:26 +0000

In its crackdown on online gambling, the Justice Department has raised the stakes for Full Tilt Poker.

Government insists ‘honest mistakes’ don’t warrant tossing FCPA convictions

Master — Thu, 08 Sep 2011 05:42:10 +0000

Federal prosecutors have acknowledged that the mishandling of an FBI agent’s testimony in a high-profile Foreign Corrupt Practices Act case was “regrettable” and possibly “negligent” but insist it did not justify throwing out one of the few convictions the government has won under the FCPA.

EEOC showing late summer spike in discrimination suits

admin — Thu, 01 Sep 2011 22:48:49 +0000

There are no dog days of summer at the U.S. Equal Employment Opportunity Commission. In the last 10 days of August, the agency burst into action, filing 15 discrimination suits targeting such major companies as Ford Motor and Kohl’s Department Stores, as well as the government of American Samoa.

Stock scam ensnares attorneys

admin — Tue, 30 Aug 2011 03:58:29 +0000

The case against businessman Shelly Singhal, charged last year with illegally promoting stocks, has presented thorny legal issues over the propriety of the government’s use of documents that captured communication between Singhal and lawyers who participated in various corporate transactions.

In FCPA Sting Case, Prosecutors Revise Discovery Process

Master — Fri, 26 Aug 2011 07:45:59 +0000

Prosecutors are revising the government’s discovery procedure in a closely watched Foreign Corrupt Practices Act case, choosing a third-party vendor to store material for which defense lawyers must pay to access.

DOJ To Oppose $90.8M Fee Request In Black Farmers Class Action

admin — Thu, 25 Aug 2011 05:07:59 +0000

The Justice Department is planning to oppose the $90.8 million fee request in the black farmers’ loan discrimination case, saying in a filing that the government will litigate the plaintiffs attorneys’ assertion that they should receive 7.4 percent of the $1.25 billion settlement.

Latham Prevails in Appeal of FTC Case Against Drug Maker that Hiked Price of Preemie Drug 1,300 Percent

admin — Tue, 23 Aug 2011 05:12:55 +0000

After Lundbeck bought the rights to two drugs that treat a life-threatening heart condition in low birth weight babies and raised the price 13-fold, the FTC sued.

Class Counsel Demands $90.8M In Fees In Black Farmers Case

Master — Tue, 09 Aug 2011 19:35:06 +0000

The lawyers who represented a class of African-American farmers in a suit against the government that claimed loan discrimination are demanding $90.8 million in legal fees, the maximum allowed under the terms of a $1.25 billion settlement.

Kirkland and Honeywell Play the Ted Stevens Card in Sanctions Motion Against DOJ

Master — Fri, 22 Jul 2011 03:10:58 +0000

Kirkland & Ellis lawyers defending Honeywell in a case over allegedly defective body armor invoked the botched Ted Stevens prosecution several times in a motion claiming the government had “permanently tainted” the case by withholding exculpatory information.

Prosecutors Support Scott Bloch In Fight To Withdraw Guilty Plea

Master — Wed, 13 Jul 2011 07:53:16 +0000

Federal prosecutors this week told a federal trial judge that the government is siding with former Bush administration lawyer Scott Bloch in his bid to back out of his plea deal in a contempt case and start from scratch.

Ninth Circuit Denies Lawyers’ Bid for Fees Under Hyde Amendment

Master — Wed, 29 Jun 2011 08:08:30 +0000

Three lawyers whose securities fraud charges were dropped during a 2006 trial have failed for a second time to get attorney fees and costs under the Hyde Amendment, with the 9th Circuit rejecting their claims that the government had committed fraud on the court.