Greek court backs extraditing Russian bitcoin suspect to US

Legal Insight 2017/12/12 10:17   Bookmark and Share
Greece's Supreme Court has ruled in favor of extraditing a Russian cybercrime suspect to the United States to stand trial for allegedly laundering billions of dollars using the virtual currency bitcoin.

Alexander Vinnik made his final appearance at an Athens court Wednesday amid an ongoing legal battle between the U.S. and Russia, who are both seeking his extradition.

Greece's justice minister will ultimately decide on whether Vinnik will be sent to Russia or the U.S.

The case was heard amid growing global interest in virtual currencies and their underlying blockchain technology, fuelled by the ongoing boom in the price of bitcoin.

The 38-year-old former bitcoin platform operator denies any wrongdoing but is not contesting the Russian request on less serious charges.

U.S. authorities accuse Vinnik of laundering $4 billion worth of bitcoins through BTC-e, one of the world's largest digital currency exchanges, which he allegedly operated.

Garrick Hileman, a research fellow at the University of Cambridge, said bitcoin's growing acceptance by mainstream markets makes criminal cases surrounding the currency more significant.

"For bitcoin to continue to attract regulated and institutional investors it will need to operate within the law," he told the AP.

"The United States, with the support of evidence from various cyber sleuths, is arguing that Vinnik and BTC-e were two of the biggest bad actors in the crypto-currency industry. Bringing bad actors to justice will help bitcoin move beyond its tainted history."

Vinnik was arrested at a northern Greek holiday resort in July and a lower court has already approved his extradition to the U.S.

Ilias Spyrliadis, a lawyer for Vinnik's defense, said they would formally respond after Wednesday's decision is published, in about one week.

"The Supreme Court has in essence accepted that our client should be sent to the United States," the lawyer said. "Our client has not made any response. He listened to the ruling as it was read out ... It is now up to the justice minister to decide when and where our client will be sent."
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Court reverses itself and restores woman's murder conviction

Legal Insight 2017/12/09 10:18   Bookmark and Share
Georgia's highest court has reversed it own recent decision and restored the murder conviction of a woman whose husband shot and killed a police officer.

The Georgia Supreme Court issued a new opinion Monday that upholds Lisa Ann Lebis' felony murder conviction in the 2012 slaying of Clayton County police officer Sean Callahan.

Barely a month ago the same court had axed Lebis' conviction, saying prosecutors failed to prove she "jointly possessed" the gun that her husband, Tremaine Lebis, used to kill the officer as the couple tried to flee a Stockbridge motel.

The new decision concludes that Lisa Ann Lebis could still be held accountable for the slaying as a co-conspirator.

The opinion Monday does not say why the high court chose to revisit the case.
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Court asked to stop suit against prosecutor in man's death

Legal Insight 2017/11/21 10:19   Bookmark and Share
A lawyer for Baltimore's top prosecutor asked a federal appeals court Wednesday to dismiss a lawsuit by five police officers who claim she maliciously prosecuted them in the death of a black man gravely injured in custody.

Assistant Attorney General Karl Pothier told the three-judge panel that as a prosecutor, Marilyn Mosby has immunity from the lawsuit filed by officers who were charged but later cleared in the arrest and death of Freddie Gray. Pothier urged the 4th U.S. Circuit Court of Appeals to overturn a judge's decision to allow parts of the lawsuit to go to trial.

"A prosecutor's protective cloak of absolute immunity is not so easily removed," Pothier said.

Lawyers for the officers, however, said Mosby acted as an investigator — not simply as a prosecutor — and is therefore not immune from the lawsuit.

Gray, 25, died on April 19, 2015, from a fatal spinal injury suffered in a police van, prompting days of widespread protests and rioting. While tensions were still smoldering in Baltimore, Mosby charged six officers in Gray's arrest and death, an announcement that brought celebrations in the streets.

Three were ultimately acquitted and Mosby dropped the remaining cases.

On Wednesday, Judge J. Harvie Wilkinson III grilled the officers' lawyers about why they should be allowed to sue Mosby for bringing criminal charges against them and holding a news conference to announce the charges.

"What we're talking about here is muzzling prosecutors who have publicly expressed grounds for prosecuting police officers," said Wilkinson, who repeatedly raised his voice while questioning the officers' lawyers.
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The Latest: Senate panel approves tax overhaul bill

Legal Insight 2017/11/17 16:10   Bookmark and Share
Vice President Mike Pence says "now the ball is in the Senate's court," after the House voted Thursday to approve a $1.5 trillion overhaul of the nation's tax code.

At the Tax Foundation's 80th annual dinner in Washington, Pence said, "The next few weeks are going to be vitally important and they're going to be a challenge." But he said, "we're going to get it done" before the end of the year. Pence was being awarded the foundation's distinguished service award.

Pence is endorsing the Senate effort to repeal the Affordable Care Act individual mandate as part of its own tax reform plan.

He said: "While we're at it, we're going to cut taxes on working Americans when we repeal the Obamacare individual mandate tax in this tax reform bill."

Vice President Mike Pence says "now the ball is in the Senate's court," after the House voted Thursday to approve a $1.5 trillion overhaul of the nation's tax code.

At the Tax Foundation's 80th annual dinner in Washington, Pence said, "The next few weeks are going to be vitally important and they're going to be a challenge." But he said, "we're going to get it done" before the end of the year. Pence was being awarded the foundation's distinguished service award.

Pence is endorsing the Senate effort to repeal the Affordable Care Act individual mandate as part of its own tax reform plan.

He said: "While we're at it, we're going to cut taxes on working Americans when we repeal the Obamacare individual mandate tax in this tax reform bill."

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Belgian court pushes back extradition hearing for 5 Catalans

Legal Insight 2017/11/17 16:10   Bookmark and Share
A court in Belgium on Friday pushed back the extradition arguments of ex-Catalan leader Carles Puigdemont and four allies until at least Dec. 4, likely keeping the secessionist rebels in Belgium right through Catalonia's regional election campaign.

The court hearing in Brussels for the five Catalans is the latest step in their flight from Spain to Brussels and their refusal to return to face rebellion and sedition charges that could land them in jail for 25 years.

Before the court session, the prime ministers of Spain and Belgium discussed their bilateral relations, which have been strained over the case of the Catalan officials who are wanted on a Spanish arrest warrant.

Puigdemont lawyer Paul Bekaert said after the first court session Friday that "we will argue the case on Dec. 4." Whatever decision is made at that stage, two appeals will be possible and a final ruling could well only come only after the Dec. 21 election day in Catalonia.

Bekaert said even though the prosecutor asked for the execution of the extradition request from Spain for the five, the defense lawyers could still give written arguments until early next month.
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Feds head to court to seek dismissal of Twin Metals lawsuit

Legal Insight 2017/11/10 16:11   Bookmark and Share
Government lawyers go to federal court Tuesday to seek dismissal of a lawsuit by developers of the proposed Twin Metals copper-nickel mine who are seeking to regain their mineral rights leases.

The Obama administration last year declined to renew the longstanding leases that Twin Metals needs for the underground mine near Ely in northeastern Minnesota. The government cited the potential harm to the nearby Boundary Waters Canoe Area Wilderness.

Twin Metals sued last fall to get those leases back, saying it has already invested $400 million, while its congressional supporters are trying to persuade the Trump administration to reverse that decision.

The government argues that the U.S. District Court for Minnesota should dismiss the lawsuit because it's a contract dispute that must be brought in the Court of Federal Claims.

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