Malaysian ex-PM Najib arrives in court for graft verdict

Headline Legal News 2020/07/28 08:50   Bookmark and Share
Ex-Malaysian Prime Minister Najib Razak arrived at court Tuesday for a verdict in the first of several corruption trials linked to the multibillion-dollar looting of the 1MDB state investment fund.

The outcome is widely seen as a test of the rule of law five months after a new government took power. Najib’s Malay party returned to office as a key player in the new ruling alliance, less than two years after its shocking ouster in 2018 elections driven by public anger over the 1MDB scandal.

Security was tight at the courthouse, with the public barred from entering and staff spraying hand sanitizer for media outside. A crowd of supporters was gathering as Najib, wearing a mask and beige suit, entered the building.

Najib, 67, said in a Facebook post late Monday that he was prepared to fight to the end. He said he would appeal if he was found guilty, and expects prosecutors to appeal if he was acquitted.

“From day one, I have said this is the chance for me to clear my name," he wrote. “Whatever the decision in the High Court tomorrow, it does not end here ... after this, we will go to the Court of Appeal. I am ready."

Najib faces a total of 42 charges in five separate graft trials linked to the 1MDB saga and may be sentenced to years in prison if convicted in the first trial alone.

Analysts said the ruling could affect Najib’s other trials and send a signal to the business community about the strength of Malaysia’s legal system in tackling international financial crime.

The verdict will also test current Prime Minister Muhyiddin Yassin, who was fired as Najib’s deputy in 2016 for speaking out on the 1MDB scandal but now relies on Najib’s party for support. Najib’s party is the biggest bloc in the current Malay nationalist alliance, which was formed in March after a political coup by Muhyiddin’s party toppled the former reformist government.
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Chinese scientist charged with visa fraud appears in court

Court Watch 2020/07/24 08:50   Bookmark and Share
A Chinese scientist charged with visa fraud after authorities said she concealed her military ties to China in order to work in the U.S. made her first appearance Monday in federal court by video.

Juan Tang, 37, was appointed a federal public defender and U.S. Magistrate Judge Deborah Barnes ordered Tang to remain in custody, saying she is a flight risk, while her attorney prepares an argument to allow her release on bail.

The Justice Department last week announced charges against Tang and three other scientists living in the U.S., saying they lied about their status as members of China’s People’s Liberation Army. All were charged with visa fraud.

Prosecutors said Tang lied about her military ties in a visa application last October as she prepared to work at the University of California, Davis and again during an FBI interview in June. Agents found photos of Tang dressed in military uniform and reviewed articles in China identifying her military affiliation, prosecutors said.

Prosecutors said Tang sought refuge at the Chinese consulate in San Francisco after speaking with agents in June. U.S. marshals arrested her Friday and booked her into Sacramento County Jail, where she remains.

Heather Williams, a federal defender, said its common practice for people to seek help from their consulate when dealing with law enforcement abroad, and doing so did not make Tang guilty of anything, she said. Williams added that U.S. agents took Tang's passport, forcing her young daughter to travel to China alone.
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Oklahoma high court: Governor overstepped with tribal deal

Attorney News 2020/07/22 09:00   Bookmark and Share
Oklahoma Gov. Kevin Stitt overstepped his authority when he reached a casino gambling agreement with two Native American tribes, the state Supreme Court ruled Tuesday.

In a 7-1 decision, the high court determined the compacts Stitt signed with the Comanche Nation and Otoe-Missouria Tribes are “invalid under Oklahoma law.”

The deals would have allowed the two tribes to offer wagering on sporting events and house-banked card and table games. The compacts also would have allowed the tribes to construct new casinos closer to larger population centers, and would have given the state a larger share of casino revenues from those new casinos. The U.S. Department of the Interior gave tacit approval to the compacts in June following the expiration of a 45-day review period.

But because wagering on sporting events and house-banked card and table games haven’t been authorized by the Legislature, any revenue from such games is prohibited, the court ruled.

“The court must, therefore, conclude Governor Stitt exceeded his authority in entering into the tribal gaming compacts with the Comanche Nation and Otoe-Missouria Tribes that included Class III gaming prohibited by the State-Tribal Gaming Act," the court wrote.

Otoe-Missouria Tribe Chairman John R. Shotton said in a statement that the Oklahoma Supreme Court doesn't have the jurisdiction to invalidate the tribe's compact.

“We have said all along we do not plan to offer house-banked card and table games and event wagering until they are authorized by state law," Shotton added. “Indeed, this condition was part of the compact, and it was unfortunately overlooked by the court."

Stitt said the court's decision, along with a recent U.S. Supreme Court ruling that determined much of eastern Oklahoma remains an American Indian reservation, leaves much work to be done with the tribes.
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Justice Ginsburg says cancer has returned, but won’t retire

Court News 2020/07/19 08:18   Bookmark and Share
Justice Ruth Bader Ginsburg said Friday she is receiving chemotherapy for a recurrence of cancer, but has no plans to retire from the Supreme Court.

The 87-year-old Ginsburg, who has had four earlier bouts with cancer including pancreatic cancer last year, said her treatment so far has succeeded in reducing lesions on her liver and she will continue chemotherapy sessions every two weeks “to keep my cancer at bay.”

“I have often said I would remain a member of the Court as long as I can do the job full steam. I remain fully able to do that,” Ginsburg said in a statement issued by the court.

Ginsburg, who was appointed by President Bill Clinton in 1993, is the senior liberal justice on a court that leans conservative by a 5-4 margin. Her departure before the election could give President Donald Trump the chance to shift the court further to the right.

Ginsburg’s history with cancer goes back more than 20 years. In addition to being treated without surgery for a tumor on her pancreas last year, she also underwent surgery for colorectal cancer in 1999, pancreatic cancer in 2009 and lung cancer in December 2018.

Dr. Alan Venook, a pancreatic cancer specialist at the University of California, San Francisco, who is not involved in Ginsburg’s care, said that “clearly, she’s got incurable disease now” because of the spread to her liver.

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New Orleans councilman, attorney plead not guilty to fraud

Court News 2020/07/15 08:37   Bookmark and Share
New Orleans City Council President Jason Williams and an attorney in his law firm pleaded not guilty to federal tax fraud charges on Friday.

Williams, 47, and Nicole Burdett, 39, appeared remotely before a federal magistrate judge and entered their pleas to charges of conspiracy, preparing false or fraudulent tax returns and failing to file tax forms related to cash received, news outlets reported.

The two were charged in an 11-count indictment  last month following a yearslong investigation led by the Internal Revenue Service and the FBI.

Williams, a criminal defense lawyer, was accused of inflating his business expenses from 2013 to 2017 in order to reduce his tax liability by more than $200,000, according to the U.S. Attorney’s Office for the Western District of Louisiana. The indictment also alleged Williams and Burdett, an attorney in Williams’ law office who also handled administrative duties, failed to file the proper reports on cash payments from clients totaling $66,516.

Williams’ attorney, Billy Gibbens, has contended his client was just following the advice of his tax preparer, saying the accountant made the errors on his own, according to The Times-Picayune/The New Orleans Advocate. Michael Magner, an attorney for Burdett, also said his client was innocent and did not have any role in the tax decisions.

Williams and Gibbens raised questions about the timing of the indictment as Williams prepares to challenge Orleans Parish District Attorney Leon Cannizzaro for the top prosecuting role. The campaign qualifying period for the Nov. 3 election is set to end July 24. Williams has said he still plans to run for the seat, according to The Times-Picayune/The New Orleans Advocate.  A preliminary trial date for the case was set for Sept. 14.
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Lawyer: Over 150 Minneapolis officers seeking disability

Court Watch 2020/07/12 11:54   Bookmark and Share
More than 150 Minneapolis police officers are filing work-related disability claims after the death of George Floyd and ensuing unrest, with about three-quarters citing post-traumatic stress disorder as the reason for their planned departures, according to an attorney representing the officers.

Their duty disability claims, which will take months to process, come as the city is seeing an increase in violent crime and while city leaders push a proposal to replace the Minneapolis Police Department with a new agency that they say would have a more holistic approach.

While Floyd’s death in May and the unrest that followed are not the direct cause of many of the disability requests, attorney Ron Meuser said, those events and what Meuser called a lack of support from city leadership were a breaking point for many who had been struggling with PTSD from years on the job. Duty disability means the officer was disabled while engaged in inherently dangerous acts specific to the job.

“Following the George Floyd incident, unfortunately it became too much and as a result they were unable to, and are unable to, continue on and move forward,” Meuser said. “They feel totally and utterly abandoned.”

He said many officers he represents were at a precinct that police abandoned  as people were breaking in during the unrest. Some officers feared they wouldn’t make it home, he said, and wrote final notes to loved ones. People in the crowd ultimately set fire to the building.

Mayor Jacob Frey issued a statement saying that COVID-19 and unrest following Floyd’s death tested the community and officers in profound ways. He said cities need resources to reflect the realities on the ground.

“In the meantime, I am committed to supporting those officers committed to carrying out their oath to serve and protect the people of Minneapolis during a challenging time for our city,” he said.

Meuser said in recent weeks, 150 officers have retained his office for help in filing for duty disability benefits through the state’s Public Employment Retirement Association, or PERA. So far, 75 of them have already left the job, he said.

Police spokesman John Elder questioned Meuser’s figure of 150, though he does expect an increase in departures. The department currently has about 850 officers and will adjust staffing to ensure it can do its job, he said.

The city said it has received 17 PTSD workers compensation claims in the last month, but when it comes to PERA duty disability, officers are not obligated to notify the Police Department that an application was submitted. Meuser said the city isn’t being transparent about departures, and the numbers it sees will lag as PERA benefits take months to process.

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