NY state Sen. Sampson found guilty of obstruction

Legal Business 2015/07/24 16:25   Bookmark and Share
A once-powerful New York politician was convicted Friday on charges he lied to the FBI in an attempt to obstruct a corruption investigation targeting him for embezzlement.

A federal jury in Brooklyn reached the verdict after deliberating for about a week at the trial of state Sen. John Sampson.

The Brooklyn Democrat was found guilty of one count of obstruction of justice and two counts of making false statements. He was acquitted on six other counts, including witness tampering.

Sampson, 50, who was re-elected last year, was at the center of the latest federal trial resulting from federal prosecutors' campaign against dirty dealing in Albany.

The verdict showed that the jury agreed that the defendant has an "utter disregard for the rule of law and criminal justice system," acting U.S. Attorney Kelly Currie said outside court.

Defense Attorney Nathaniel Akerman called the mixed verdict a partial victory, and told reporters he would pursue all his appeal options to appeal the convictions "until Mr. Sampson is vindicated."

Also speaking outside court, jury forewoman Kim O'Meally said that jurors decided to clear Sampson on the counts tied to a government cooperator, real estate developer Edul Ahmad. Asked what she thought of the witness, she replied: "He's dirty."

Prosecutors originally charged him with embezzling funds while acting as a court-appointed referee for home foreclosure proceedings in the mid-2000s. They also alleged he persuaded Ahmad to loan him nearly $200,000 to cover up the theft in exchange for political favors.

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Religious beliefs, gay rights clash in court case over cake

Legal Business 2015/07/08 15:58   Bookmark and Share
A suburban Denver baker who refused to make a wedding cake for a gay couple will argue in court Tuesday that his religious beliefs should protect him from sanctions against his business.

The case underscores how the already simmering tension between religious-freedom advocates and gay-rights supporters is likely to become more heated in the aftermath of the U.S. Supreme Court's landmark ruling last month legalizing same-sex marriage nationwide.

"What the relationship is between that reality and sort of what that will mean for things like service provisions is where I think the battles will really be fought now," said Melissa Hart, a law professor at the University of Colorado.

The 2012 case before the Colorado Court of Appeals has ignited a passionate debate over whether individuals can cite their beliefs as a basis for declining to participate in a same-sex wedding ceremony or if such refusals on religious grounds can lead to discrimination allegations.

Gay couples have won battles in other states.

Last week, the owners of a Portland, Oregon-area bakery that declined to make a wedding cake for a gay couple two years ago were ordered to pay $135,000 in damages. Two years ago, the New Mexico Supreme Court ruled that a photographer who wouldn't take pictures of a gay couple's 2006 commitment ceremony violated the state's discrimination law.
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Bryant tells court it should affirm same-sex marriage ruling

Legal Business 2015/07/05 14:31   Bookmark and Share
Gov. Phil Bryant remains opposed to the U.S. Supreme Court ruling legalizing same-sex marriage nationwide, but he’s stopping his court fight against it.

In a letter Wednesday, Bryant’s lawyer asks the 5th U.S. Circuit Court of Appeals to return a Mississippi gay marriage lawsuit to U.S. District Judge Carlton Reeves in Jackson. That would allow Reeves to enter a final ruling aligned with the Supreme Court decision.

Reeves overturned Mississippi’s gay marriage ban last year, but put his ruling on hold. The appeals court also put a hold on Reeves’ ruling.

Those procedural blocks need to be lifted, but most Mississippi counties are already issuing marriage licenses to same-sex couples.

Lawyers for plaintiffs want judges to act before July 4, to “celebrate the promise of liberty and freedom for all.”

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Appeals court skeptical of fairness of trader's conviction

Legal Business 2015/05/14 12:08   Bookmark and Share
An appeals court panel on Wednesday expressed doubts about the fairness of a prosecution that led to a prison sentence for a man convicted of defrauding a government bailout program.

A three-judge panel of the 2nd U.S. Circuit Court of Appeals had plenty of questions for a prosecutor as it conducted oral arguments in an appeal by Jesse Litvak, a bond trader on the Stamford, Connecticut, trading floor at Jefferies & Co. Inc.

Litvak, who's from New York, was sentenced last year to two years in prison after a jury convicted him of securities fraud, defrauding the Troubled Asset Relief Program and making false statements to the federal government. He has not had to serve his sentence pending appeal.

The conviction made Litvak, 40, the first person convicted of a crime related to the program, which used bailout funds in the financial meltdown to boost the economy.
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Court grants Texas prisoner execution reprieve

Legal Business 2014/12/05 15:07   Bookmark and Share
A federal appeals court halted Wednesday's scheduled execution of a Texas killer whose attempt to subpoena Jesus Christ as a trial witness and other behavior led his attorneys to argue he is too mentally ill for capital punishment.

Scott Panetti, who was diagnosed with schizophrenia some 14 years before fatally shooting his estranged wife's parents in 1992, was granted the reprieve less than eight hours before he was set to receive a lethal injection. In stopping the execution, the 5th U.S. Circuit Court of Appeals acknowledged the legal complexity of putting a mentally ill inmate to death.

In a two-sentence ruling, the court said it needs time to "fully consider the late arriving and complex legal questions at issue in this matter" and that it will schedule briefings and hearings to consider arguments.

The Texas attorney general's office said it has no immediate plans to appeal and that state attorneys will present arguments to the 5th Circuit once the court sets a date for them.

Panetti's lawyers described him as delusional and argued that he was too mentally ill to qualify for capital punishment and they sought the delay so Panetti could undergo new competency examinations.

Panetti, who acted as his own trial lawyer, testified as an alternate personality he called "Sarge" to describe the slayings of Joe and Amanda Alvarado. He wore a purple cowboy outfit, including a big cowboy hat, during trial and largely ignored a standby attorney the judge appointed to assist him.

Appeals also were before the U.S. Supreme Court, which has said mentally ill people cannot be executed if they don't have a factual and rational understanding of why they're being punished. The high court took no action once the lower court stopped the punishment.
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CA man sentenced on drug charge in fed court in SD

Legal Business 2014/02/28 14:56   Bookmark and Share
A California man has been sentenced in federal court in South Dakota for his role in a conspiracy to distribute marijuana.

U.S. Attorney Brendan Johnson says 29-year-old Brett McFarland, of Korbel, Calif., was sentenced to five years in prison to be followed by four years of supervised release.

McFarland pleaded guilty last November to a drug distribution conspiracy charge. A money laundering conspiracy charge was dropped.

Johnson says McFarland has agreed to forfeit to the government his interest in proceeds from the sale of property in Petrolia, Calif., that was bought with drug proceeds.
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