Court dismisses part of NM whistleblower case

Headline Legal News 2011/08/18 09:23   Bookmark and Share
Attorney General Gary King and a state agency can take charge of legal efforts to recover money for New Mexico for some investment deals allegedly influenced by political considerations, a state court ruled Wednesday.

District Judge Stephen Pfeffer also dismissed portions of a whistleblower's lawsuit involving allegations of a pay-to-play scheme in investment deals by the State Investment Council, which oversees permanent funds worth more than $15 billion. The judge's ruling allows the council and the attorney general to handle those legal claims.

The lawsuit by Frank Foy, a former chief investment officer of the state's educational pension fund, will continue on other allegations, including that the state lost money on bad investments by the Educational Retirement Board and some by the council and that politics influenced some of the pension's fund investments.

The Investment Council filed a lawsuit in May claiming that its former top manager and a financial advisory firm improperly steered New Mexico investments to political supporters of former Democratic Gov. Bill Richardson. More than a dozen other defendants were named, including third-party placement agents who earned millions of dollars in fees on investment deals.

Former State Investment Officer Gary Bland has said the allegations are "absurd" and he was not involved in any wrongdoing.

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Monster iPhone location lawsuit filed against Apple

Headline Legal News 2011/08/17 09:23   Bookmark and Share
More than 20,000 South Korean iPhone users have filed a class action lawsuit against US technology giant Apple for alleged privacy violations over the collection of location data, a law firm said.

The suit came after lawyer Kim Hyung-Suk was awarded one million won (US $950) in compensation in June, the first such payout by Apple's Korean unit, following an interim order by a court in the southeastern city of Changwon.

Kim has since led online preparations for a class action suit against Apple and its South Korean unit.

"The suit accuses Apple of breaching articles 10 and 17 of the constitution that ensure pursuit of happiness and protection of privacy, and the South Korean law on protection of location data," a spokesman for Kim's firm Miraelaw said. The suit involves 26,691 people demanding one million won each.


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Whitey Bulger's girlfriend pleads not guilty

Headline Legal News 2011/08/16 09:22   Bookmark and Share
The longtime girlfriend of reputed Boston crime boss James "Whitey" Bulger pleaded not guilty Thursday to helping him elude authorities during his 16 years as a fugitive.

Catherine Greig, 60, entered her plea in a brief appearance in federal court in Boston that lasted less than five minutes. She also waived a reading of the indictment.

Greig was indicted last week on a charge of conspiracy to harbor and conceal a fugitive, a crime that carries a maximum sentence of five years. Greig has been jailed since she and Bulger were captured in June in Santa Monica, Calif. Bulger has pleaded not guilty to participating in 19 murders.

Prosecutors say Greig actively helped Bulger escape capture, but her attorney says she's a subservient woman who wasn't aware of the extent of Bulger's alleged crimes when she fled with him.

On Thursday, Greig smiled at her twin sister when she entered the courtroom. She did not speak during the hearing, except to tell the judge she understood the charges against her and was ready to enter her plea.

After the hearing, Greig's attorney Kevin Reddington was asked if Greig was cooperating with authorities against Bulger.

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Nigerian who allegedly scammed 80 law firms, lawyers out of $31M extradited to US

Headline Legal News 2011/08/15 09:25   Bookmark and Share
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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Appeals court turns down Tymoshenko appeal

Headline Legal News 2011/08/12 10:32   Bookmark and Share
A court in Ukraine on Friday refused to consider an appeal to release former Prime Minister Yulia Tymoshenko from jail, where she has been kept for a week while her abuse-of-office trial proceeds.

Tymoshenko was jailed on Aug. 5 for violating court procedures at her trial, including refusing to rise when requested by the judge. She says her resistance is a protest of a trial she contends is politically motivated.

On Friday, the Kiev Appeal Court refused to hear an appeal, saying the country's criminal code does not allow appealing a preventive measure.

Tymoshenko attorney Yuriy Sukhov said that ruling will be appealed to the Supreme Court.

Tymoshenko is charged in connection with a natural gas deal with Russia in 2009 that prosecutors claim was disadvantageous to Ukraine.

The United States and the European Union have condemned court cases against Tymoshenko and several of her top allies as selective prosecution of political opponents. Tymoshenko was a key figure in the 2004 Orange Revolution protests that forced annulment of a presidential election purportedly won by Viktor Yanukovych.


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Ariz. governor on deadline for immigration appeal

Headline Legal News 2011/08/10 08:57   Bookmark and Share
Arizona Gov. Jan Brewer faces a Wednesday deadline for asking the U.S. Supreme Court to accept her appeal of a ruling that put on hold key parts of the state's immigration enforcement law.

The Republican governor lost her first attempt to throw out a district court's decision that blocks, among other portions of the law, a provision requiring police, while enforcing other laws, to question the immigration status of those they suspect are in the country illegally, when a three-judge panel of the 9th Circuit Court of Appeals rejected her motion in April.

Brewer vowed three months ago to take her argument before the nation's highest court, which has discretion on whether to hear her case.

The 9th Circuit said the federal government is likely to be able to prove the law is unconstitutional and likely to succeed in its argument that Congress has given the federal government sole authority to enforce immigration laws.

Brewer's lawyers have argued that the federal government hasn't effectively enforced immigration law and that the state's intent in passing its own regulations was to assist federal authorities, as Congress has encouraged.

They also have argued the district court judge erred by accepting speculation by the federal government that the law might burden legal immigrants and by concluding the federal government would likely prevail.
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