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White House criticizes court's health care ruling
Legal Business |
2011/08/15 09:29
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The White House is expressing confidence that it's constitutional to require people to have health insurance and believes that President Barack Obama's health care law will be survive all legal challenges in the end.
Obama adviser Stephanie Cutter says the White House strongly disagrees with an appeals court ruling Friday that struck down the insurance requirement at the center of a law.
She says the White House is confident that ruling will not stand.
Cutter notes on the White House blog that four other courts, including a different appeals court, has upheld the law.
Many legal observers expect the U.S. Supreme Court to have the final say on the issue. |
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Nigerian who allegedly scammed 80 law firms, lawyers out of $31M extradited to US
Legal Business |
2011/08/14 09:29
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A Nigerian man who fled to his homeland after being accused of defrauding dozens of lawyers and law firms of more than $31 million dollars has been extradited to the U.S., Nigeria’s anti-graft agency said Friday.
Emmanuel Ekhator was arrested in Nigeria’s Benin City by the country’s Economic and Financial Crimes Commission in August. He was handed over to U.S. marshals in New York on Thursday, said Femi Babafemi, the anti-graft body’s spokesman.
“With the latest extradition, ... the message should be clear to anyone who travels abroad to commit crime and run back home to hide that Nigeria is no longer safe for them,” Farida Waziri, the anti-graft body’s chief, said in a statement. “We will get them and hand them over to face the law.”
Court records show Ekhator has yet to be assigned a lawyer. He remained in custody on Friday.
Charging documents from the U.S. District Court in the Middle District of Pennsylvania show that Ekhator and others are accused of mail and wire fraud after using bank accounts in South Korea, Singapore, China and Japan to collect the stolen money.
Federal prosecutors say the complicated scam involved multiple players, with a fraudster calling a U.S. or Canadian law firm posing as someone usually in Asia who needed to collect a debt from a person or organization based in North America. Another scammer poses as the debtor and agrees to pay off the debt — using a fake check, authorities say.
The law firms or lawyers collect the fake check, which gets validated by a third scammer posing as a bank employee over the telephone. Before the victims realize the check is fake, they’ve already used their own money to pay the fake settlement amount to their supposedly Asia-based client. |
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Serbia seeks to block execution of citizen in Nev.
Network News |
2011/08/14 09:29
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The Serbian government is asking a Nevada court to block the execution of one of its citizens, saying its consulate was not informed of his 1994 arrest as required by international law.
Serbia, in a friend-of-the-court brief filed last week in Washoe County District Court in Reno, maintains the notification would have provided Avram Nika with assistance that could have spared him the death penalty.
Nika, 41, is on death row at Ely State Prison for the 1994 killing of a good Samaritan who stopped to help him along Interstate 80 near Reno. He has yet to exhaust his state and federal appeals.
(Nika was) particularly vulnerable to the denial of consular assistance due to his inability to speak English and his lack of familiarity with the U.S. legal system and culture, Serbia's brief says.
The failure to notify the consulate caused no mitigating evidence to be presented at his sentencing hearing — such as that he was a hard-working family man who came from poverty and was discriminated against because he was a member of a nomadic ethnic group known as Roma, also called Gypsies, according to the document.
District Attorney Dick Gammick says there was no consulate to contact because the former Yugoslavia where Nika was from was undergoing drastic change at the time. Serbia did not exist as a country then, he said, and other countries in the region came and went. |
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Calif Supreme Court says threats must be serious
Industry News |
2011/08/13 09:28
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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. |
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Appeals court strikes health insurance requirement
Industry News |
2011/08/13 09:28
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A federal appeals court panel on Friday struck down the requirement in President Barack Obama's health care overhaul package that virtually all Americans must carry health insurance or face penalties.
The divided three-judge panel of the 11th Circuit Court of Appeals struck down the so-called individual mandate, siding with 26 states that had sued to block the law. But the panel didn't go as far as a lower court that had invalidated the entire overhaul as unconstitutional.
The states and other critics argued the law violates people's rights, while the Justice Department countered that the legislative branch was exercising a quintessential power.
The decision, penned by Chief Judge Joel Dubina and Circuit Judge Frank Hull, found that the individual mandate contained in the Act exceeds Congress's enumerated commerce power.
What Congress cannot do under the Commerce Clause is mandate that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die, the opinion said. |
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Ex-Harvard student due in court in 2009 shooting
Headline Topics |
2011/08/12 09:28
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A former Harvard student accused of hiding the gun used in a fatal shooting inside a university dormitory is due in court.
Brittany Smith is one of four people who were charged in connection with the shooting of 21-year-old Justin Cosby of Cambridge.
Smith's former boyfriend, Jabrai (juh-BRY') Jordan Copney, of New York City, was convicted of murder in Cosby's death and is serving a life sentence.
During Copney's trial, prosecutors said Cosby, a local drug dealer, was shot during an attempted robbery by Copney and two other New York City men in May 2009.
Smith is accused of giving the men her Harvard electronic keycard to enter the building, hiding the gun used in the shooting and helping the men flee. |
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Tech blogger won't be charged in Apple iPhone case
Topics |
2011/08/11 09:29
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Prosecutors said Wednesday that they will not bring charges against a tech blogger who bought an Apple iPhone prototype after it was found at a bar in March 2010 in a case that ignited an unusual First Amendment debate.
San Mateo County Assistant District Attorney Morley Pitt said charges were not filed against Gizmodo.com's Jason Chen or other employees, citing California's shield law that protects the confidentiality of journalists' sources.
The difficulty we faced is that Mr. Chen and Gizmodo were primarily, in their view, engaged in a journalistic endeavor to conduct an investigation into the phone and type of phone it was and they were protected by the shield law, said Pitt.
We concluded it is a very gray area, they do have a potential claim and this was not the case with which we were going to push the envelope.
Chen's house was raided and his computer seized after Gizmodo posted images of the prototype. The website and other media organizations objected, saying the raid was illegal because state law prohibits the seizure of unpublished notes from journalists.
We feel there was not a crime to begin with and still believe that, and are pleased the DA's office has an appropriate respect for the First Amendment, said Thomas J. Nolan Jr., a lawyer for Chen. |
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