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Prosecutors ask court to imprison Samsung heir for 12 years
Legal Business | 2017/08/11 10:13
South Korean prosecutors have recommended a 12-year jail term for Lee Jae-yong, 49-year-old billionaire heir of the Samsung business empire, urging a court to convict him of bribery and other crimes.

Lee, vice chairman of Samsung Electronics, became emotional Monday as he denied ever trying to seek political favors in his final remarks in the four-month-long trial. Lee was arrested in February amid a tumultuous corruption scandal that triggered months of massive public protests and culminated with the ouster of South Korea's president.

A panel of three judges at the Seoul Central District Court said they will hand down their verdict on Aug. 25.

Lee, princeling of South Korea's richest family and its biggest company, choked up during his final remarks, saying his ordeal was unjust but he had reflected during his six months in jail and realized that the bigger Samsung became, "the stricter and higher the expectations from the public and the society," a pool report from Monday's hearing said.

"Whether it was for my personal profit or for myself, I have never asked the president for any favors," he told the court.

In his remarks wrapping up the trial, Special Prosecutor Park Young Soo said Samsung's alleged bribery was typical of the corrupt and cozy ties between the South Korea's government and big businesses. Such dealings once helped fuel the country's rapid industrialization but now increasingly are viewed as illegal and unfair.

Park also accused Samsung officials of lying in their testimonies to protect Lee.

In past cases, South Korean courts have often given suspended prison terms to members of the founding families of the chaebol, the big, family-controlled businesses that dominate South Korea's economy. In some cases, presidents have pardoned them, citing their contributions to the national economy. But recent rulings on white collar crimes have shown less leniency. If convicted, Lee may be the first in his family to serve a prison term.

Lee was indicted in February on charges that included offering $38 million in bribes to four entities controlled by a friend of then-President Park Geun-hye, including a company in Germany set up to support equestrian training for the daughter of one of Park's friends, Choi Soon-sil.

Prosecutors alleged the bribes were offered in exchange for government help with a merger that strengthened Lee's control over Samsung at a crucial time for organizing a smooth leadership transition after his father fell ill.

Park was removed from office in March and is being tried separately. Her friend Choi also is on trial.

Lee has denied all charges. He has said he did not know of Choi or her daughter before the scandal grabbed national headlines and said Samsung's succession situation was not discussed during three meetings he held with the former president.

Samsung's lawyers do not contest having donated a large sum of money to the entities controlled by Choi. They disagreed with the prosecutors about the nature of the funds and insisted that at the time the donations were made Samsung was unaware that Choi controlled them.


Supreme Court to allow electronic filing in November
Headline Court News | 2017/08/10 10:12
The Supreme Court will begin using an electronic filing system for documents starting in November, a move other federal courts began decades ago.

The court said in a statement Thursday that the new system will begin operation Nov. 13. The court says that initially attorneys will be asked to submit both electronic and paper documents. The court says that once the system is in place virtually all new filings will be publicly available for free.

The system has been in the works for some time. Chief Justice John Roberts said in a 2014 report that the court was developing the system, saying it "may be operational as soon as 2016."

Electronic filing is coming on the heels of the debut of a new Supreme Court website in late July.


UK court increases sentence for surgeon who maimed patients
Court Watch News | 2017/08/07 10:12
Britain's appeals court has increased to 20 years the prison sentence of a surgeon convicted of performing unnecessary operations, leaving scores of patients maimed and some in constant pain.

Ian Paterson falsely told patients they had cancer and performed operations including mastectomies. He was convicted of crimes against 10 patients in May and sentenced to 15 years. Prosecutors believe there were many more victims.

The government challenged the sentence, and three appeals judges agreed Thursday that it was "unduly lenient."

One of the judges, Heather Hallet, said "greed, self-aggrandizement, power" and other possible motives "do not come close to explaining how a doctor can falsely tell a patient he or she has cancer when they have not."

She said the victims "must feel no sentence could properly reflect their suffering."



Court complicates Trump's threat to cut 'Obamacare' funds
Network News | 2017/08/06 10:12
President Donald Trump's bold threat to push "Obamacare" into collapse may get harder to carry out after a new court ruling.

The procedural decision late Tuesday by a federal appeals panel in Washington has implications for millions of consumers. The judges said that a group of states can defend the legality of government "cost-sharing" subsidies for copays and deductibles under the Affordable Care Act if the Trump administration decides to stop paying the money.

Trump has been threatening to do just that for months, and he amped up his warnings after the GOP's drive to repeal and replace "Obamacare" fell apart in the Senate last week. The subsidies help keep premiums in check, but they are under a legal cloud because of a dispute over the wording of the ACA. Trump has speculated that he could force Democrats to make a deal on health care by stopping the payments.

The court's decision is "a check on the ability of the president to sabotage the Affordable Care Act in one very important way," said Tim Jost, professor emeritus at Washington and Lee University School of Law in Virginia, a supporter of the ACA who has followed the issue closely.

Because of the ruling, legal experts said, states can now sue if the administration cuts off the subsidies. Also, they said, the president won't be able to claim he's merely following the will of a lower court that found Congress had not properly approved the money.

The Justice Department had no comment on the decision. The White House re-issued an earlier statement saying, "the president is working with his staff and his Cabinet to consider the issues raised by the...payments."

Trump has made his feelings clear on Twitter. "If ObamaCare is hurting people, & it is, why shouldn't it hurt the insurance companies," he tweeted early Monday.

He elaborated in an earlier tweet, "If a new HealthCare Bill is not approved quickly, BAILOUTS for Insurance Companies...will end very soon!"

In a twist, the appeals court panel seemed to take such statements into account in granting 17 states and the District of Columbia the ability to intervene on behalf of consumers.



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