Hackers working under the name of the Anonymous hacktivist collective hit a U.S. government website on Saturday, replacing its home page with a 1,340 word text detailing its frustrations with the way the American legal system works and a threat to release “secrets” gathered from U.S. government websites, reports PC World. The website of the [...]
“Anonymous” Hacks Sentencing Commission Site Over Swartz
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Man With 4th Amendment Written on Chest Wins Trial Over Airport Arrest
A Virginia man who wrote an abbreviated version of the Fourth Amendment on his body and stripped to his shorts at an airport security screening area won a trial Friday in his lawsuit seeking $250,000 in damages for being detained on a disorderly conduct charge. Read more…
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9 Charged with Short Sale Fraud
Nine people involved in a long-running, large-scale mortgage fraud scheme that caused losses of approximately $10 million were charged in two complaints with conspiracy to commit bank fraud.
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Trial for Davie cop accused of raping family member moved to April
The trial of a Davie officer accused of drugging and raping a family member has been moved from Feb. 4 to April 15 — more than four years after he was arrested and charged with the crime. Read more…
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Yahoo, Like Google, Demands Warrants for User E-Mail
Yahoo demands probable-cause, court-issued warrants to divulge the content of messages inside its popular consumer e-mail brands — Yahoo and Ymail, the web giant said Friday. The Sunnyvale, California-based internet concern’s exclusive comments came two days after Google revealed to … Read more…
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Another Massachusetts Drug Laboratory Chemist Faces Criminal Drug Charges
As Massachusetts continues to grapple with the Annie Dookhan scandal, a second crime lab chemist has been arrested and will face charges relating to evidence tampering and drug possession. Sonja Farak, a 35-year-old Northampton woman who worked at the Amherst lab, allegedly substituted real drugs with counterfeit drugs to support a suspected drug habit. The lab will close temporarily.
According to Attorney General Martha Coakley, the “drugs were tested, they were tested fairly. The certificates were not impeached in any way, but we allege… that the drugs were then taken and in her possession.” Coakley claims that this case is not connected with the Dookhan scandal because the “motives are completely opposite” and because Dookhan and Farak exhibited different behaviors. Prosecutors believe that the drugs were for personal use and that there was no distribution or intent to distribute. Supervisors at the lab discovered a discrepancy in inventory and contacted state police. Farak previously worked at the Jamaica Plain lab. She will be arraigned in Eastern Hampshire district court. District Attorney David Sullivan issued a statement on Sunday indicating that his office is assessing the number of cases that may have been compromised by the chemist’s wrongdoing.
Police interviewed Farak in connection with the Dookhan scandal on September 12, 2012. Police reports indicate that Farak worked with Dookhan in Jamaica Plain before Farak started working at the Amherst lab. Farak told police that they worked on some cases together and found Dookhan to be friendly. She told police that she never noticed Dookhan doing anything improper and that she had no knowledge of anyone in the lab performing analytical procedures improperly. Farak never reported any wrongdoing in the lab during her career.
Even if, as Coakley has claimed, the Farak case is different from the Dookhan case in terms of motive, it seems to reveal that the Dookhan investigation is not being conducted as thoroughly as it should be. While police interviewed Farak about Dookhan, they apparently failed to look into Farak’s own history. It is also troubling that lab supervisors failed to notice that an employee was suffering from a heroin and cocaine addiction. One would think that supervisors in most lines of work would notice if an employee was showing up to the job while on, or while withdrawing from, heroin and cocaine. The fact that Farak’s apparent drug problem went undetected for some time is a further indication of a lack of oversight in our state’s drug labs. Now, perhaps more than ever, it is critical to speak with a Massachusetts defense attorney if you have a pending or closed drug case.
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Arrested for DUI - why no DUI ticket or citation from officer?
This is normal procedure. If you call the prosecutor or Court they will say no charges have been filed yet. In Washington State Patrol cases you will not typically be given a ticket or citation for DUI at the time...
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Judge Rejects Ponzi Schemers' Settlement With SEC Over "Neither Admits Nor Deny" Language
I refuse to approve penalties against a defendant who remains defiantly mute as to the veracity of the allegations against him. A defendant’s options in this regard are binary: he may admit the allegation or he may go to trial.
- U.S. District Judge John L. Kane
In what is believed to be the first of its kind in Ponzi scheme jurisprudence, a federal judge refused to ratify a proposed settlement reached between the Securities and Exchange Commission ("SEC") and two men accused of masterminding a $15 million Ponzi scheme because the agreement lacked any admissions of guilt. United States District Judge John L. Kane issued a terse order denying an unopposed motion to enter final judgments against William P. Sullivan and Jane K. Turnock, who were accused of using their company, Bridge Premium Finance, to operate an insurance premium-financing Ponzi scheme. The rejection is the latest instance of a growing judicial opposition to the use of the "neither admit nor deny" language, which was most famously on display when U.S. District Judge Jed S. Rakoff rejected the SEC's proposed settlement with Citigroup in December 2011 and eloquently noted that the court would not be “a mere handmaiden to a settlement privately negotiated on the basis of unknown facts, while the public is deprived of ever knowing the truth…”
From 1996 to 2012, Turnock and Sullivan solicited potential investors to invest in BPF, telling them that their investment would be used to provide capital for BPF's insurance premium financing business. Investors were given promissory notes that promised annual interest payments of 12%, and were told that the investments were safe, conservative, and "100% collateralized." In total, BPF raised nearly $16 million from more than 100 investors in multiple states. However, the insurance loan portfolio generated insignificant returns, and the SEC alleged that BPF was nothing more than a classic Ponzi scheme, using incoming investor funds to make interest and principal payments to existing investors. Indeed, in a telephone call with an investor as the scheme was on the brink of collapse, Sullivan admitted "your money is all gone. This is a Ponzi scheme."
The SEC filed an emergency enforcement action in August 2012, charging the men and BPF with multiple violations of federal securities law and seeking various relief including disgorgement and civil monetary penalties. In a motion filed with the court on January 15, 2013, the SEC sought to have the court enter final judgment against the two men and indicated that they had agreed to an order to pay over $12 million. The proposed agreement contained the common "neither admit nor deny" language that has been traditionally employed by the SEC in civil actions. The language is favored by defense attorneys and the SEC alike because such admissions would have adverse consequences for the accused in ancillary civil litigation (and likely doom the chances of such settlement).
However, in a sharply-worded order that echoes the rising sentiment among the federal judiciary against such agreements, Judge Kane refused to accept an agreement against "a defendant who remains defiantly mute as to the veracity of the allegations against him." Ironically, as noted by Alison Frankel of Reuters, Judge Kane's position is apparently newly-formed, as he previous approved a similar settlement in 2011 that did include the questionable language. In explaining his stance, he cited similar concerns expressed by Judge Rakoff, noting that he was particularly troubled by the waiver for any entry of findings of fact and conclusions of law that have traditionally served to inform the public.
While Judge Kane indicated that "future motions omitting the unacceptable language...will be entertained," it is more likely that the SEC will pursue appellate review, as it did after Judge Rakoff rejected the Citigroup settlement. There, the Second Circuit has already indicated its inclination to overturn Judge Rakoff, stating that
We doubt whether it lies within a court’s proper discretion to reject a settlement on the basis that liability has not been conclusively determined.
Oral argument is currently scheduled in that case for February 9, 2013.
Similar results have been on the rise since Judge Rakoff's ruling, with at least three federal judges rejecting SEC settlements on similar grounds.
A copy of Judge Kane's Order is here.
A copy of the SEC complaint is here.
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Not A Dime's Worth Of Difference
Regular readers will remember my description of the policy differences between then political rivals President Barack Obama and Secretary of State Hillary Clinton as not being "a dime's worth of...
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York Co. Man Breaks Into House with Grocery Store Card
A York County man returned home on Thursday night to an odd set of events. According to a report from the York County Sheriff’s office, the man stated seven of his coats and three of his frozen dinners from his freezer had been stolen.
However, the homeowner and the authorities were not without any evidence. Apparently, the homeowner found a grocery card with his friend’s name on it stuck in the door frame, according to authroities. Police then contacted the manager of the grocery store who identified the card owner.
Any criminal charge is a serious matter for anyone. If you or someone you know has criminal charges being brought against them, contact the law offices of Reeves, Aiken, and Hightower to consult with one of our criminal attorneys. Our criminal attorneys handle many types of criminal cases in North and South Carolina and want to help you or someone you know with his/her criminal charges. We are licensed in both North Carolina and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.
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Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 929 Ideology, Motivated Reasoning, and Cognitive Reflection: An Experimental Study Dan M. Kahan, Yale University - Law School, Date posted to database: November 30, 2012...
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Rock Hill Parents Arrested on Drug Charges at Home with Son
A Rock Hill man and woman are facing multiple drug charges and endangerment of a child charge after both were found in a residence Wednesday with a large amount of heroin and pills around a 1-year old, according to a report. Another man was arrested at the same residence the next day on possession of heroin and possession of pills.
Authorities were responding to a call from the residence on an overdose charge. According to a report with the York County Sheriff’s office, the man arrested at the residence on the first day had been selling prescription pills and heroin to the woman and the man arrested the second day. The man arrested the second day had overdosed at the time of his arrest and was taken to the hospital.
When the authorities discovered the needles and pills, they also discovered the man and woman’s 1-year old son, whom they deemed to be neglected at the time. Both were charged with child endangerment along with possession charges.
If you or a loved one is facing drug charges, contact the law offices of Reeves, Aiken, and Hightower to consult with one of our criminal attorneys. Our criminal attorneys also handle many other types of criminal cases in North and South Carolina. We are licensed in both North Carolina and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.
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Sunday Morning Accident on I-485 in Charlotte
An early morning Sunday drive turned sour for two drivers in the Charlotte area. The North Carolina Highway Patrol responded to an accident call on the eastbound side of I-485 after a Chrysler Seabring and A Volkswagen SUV collided. The entire eastbound side of I-485 was closed for over an hour.
The trooper stated that the SUV rolled 5 times after striking the Chrysler while trying to switch lanes. The SUV went off the side of the road and remained turned over on its side. Two passengers from the SUV were taken to the hospital while one passenger from the Chrysler was taken to the hospital for non-life threatening injuries according to a report.
Even the most cautious of drivers can be injured by the mere carelessness of another behind the wheel.
Contact the law offices of Reeves, Aiken, and Hightower to consult with one of our personal injury attorneys. Our personal injury attorneys also handle many types of personal injury cases in North and South Carolina. Our personal injury attorneys want to help you relieve the hardships that come with being injured in an accident. We are licensed in both North and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.
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NV - Mary Kay Beckman Sues Match.Com After Date Attacks Her
Mary Kay BeckmanOriginal ArticleThis is not about a sexual crime, but it is similar to the Carol Markin incident? Meeting people, online or in a bar, is dangerous, period, and the court should through this out. She needs to take responsibility for her own actions. Was she almost killed due to her own stupidity, telling the man where she lived? It's horrendous what she has been through, and the man should be convicted of attempted murder, spending the rest of his life in prison, but sueing Match.com for your own stupidity? If she wins, which is doubtful, then are all web sites going to be required to do background checks on everyone? And there are discrepancies in the two videos below. The dates don't jive. So who is right?01/25/2013By RUSSELL GOLDMAN
A Las Vegas woman is suing Match.com for $10 million, after the online dating service allegedly paired her with a man who stabbed her 10 times in the face and chest in an attempt to kill her.Mary Kay Beckman, 50, claims in a lawsuit filed earlier this month that she joined the website looking for a "healthy loving relationship," but instead was nearly killed.
Beckman says she went on a few dates in October 2011 with [name withheld], but after ending the relationship came home one day to find him in her garage with a knife.- How did the man know where you lived? Did you tell him?[name withheld] "brutally stabbed [Beckman] 10 times with a knife about her head, face and upper body, until the overwhelming force he applied to the stabbing caused the knife to break," according to court documents.
According to her lawsuit, [name withheld] then "stomped and kicked" her in the head until she "stopped making the gurgling noise" and left her for dead.
A neighbor found Beckman and she was rushed to the hospital where she endured multiple surgeries over several weeks.
While Beckman was in the hospital, [name withheld] was arrested for the murder of an Arizona woman, also an ex-girlfriend. Many of the details of Beckman's attack came from [name withheld] himself when police later questioned him.
He told police he waited for Beckman in her garage and had killed the other woman because he felt they had both jilted him, according to an arrest report.[name withheld], who had no prior record of dangerous crimes, was convicted of the other murder and died in jail last year while serving a 70-year sentence.Match.com argues the lawsuit is frivolous and says it offers tips for safe dating on the site. Online dating is no less safe than meeting someone "at a bar or at church," said Match spokeswoman Eva Ross.
"What happened to Mary Kay Beckman is horrible, but this lawsuit is absurd," Ross said in a statement. "The many millions of people who have found love on Match.com and other online dating sites know how fulfilling it is. And while that doesn't make what happened in this case any less awful, this is about a sick, twisted individual with no prior criminal record, not an entire community of men and women looking to meet each other."
In her suit Beckman says the tips posted on the Match.com site do not go far enough and the company needs to overtly warn users of potential dangers.- This is why products contain warning labels, for people like this woman!© 2006-2013 | Sex Offender Issues
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Cultivating Requisite Variety?
Jury selection, properly conducted, is an unscripted improvisational exercise. In Free Play: Improvisation in Life and Art, violinist Stephen Nachmanovitch writes of the need for “technique to burn” to an improviser: Galurnphing ensures that we rernain on the upside of the law of requisite variety. This fundanmental law of nature states that a system intended to [...]
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Crash On I15 Near Idaho Falls Broadway Exit Sends One To Hospital
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
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Idaho State Police
District 6 1540 Foote Dr.
Idaho Falls, Idaho 83402-1828
(208) 525-7377 FAX: (208) 525-7294
For Immediate Release: 1/27/2012 at 8:30 p.m.
Please direct questions to the District Office
On January 27, 2013, at approximately 5:15 p.m., Idaho State Police investigated a one vehicle crash on Interstate 15, near milepost 118, south of the Broadway exit, near the Pancheri overpass.
Ali Subah A. Alharbi, 20, of Pocatello, ID., was driving north on Interstate 15 near milepost 118, in a black 2006 Ford Mustang. Alharbi lost control of the vehicle on icy roads, and slid off the roadway. Rashed Mohammed Dekheel Alenezi, 21, of Kuwait, was a passenger in the vehicle.
Alharbi and Alenezi were both wearing seatbelts. Alenezi was transported by ground ambulance to Eastern Idaho Regional Medical Center in Idaho Falls, ID.
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Obama and Senators to Launch Immigration Push Next Week
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Freispruch für JVA-Insassen
Vor dem Amtsgericht Eisenhüttenstadt wurde einem 43-Jährigen die Verbrechensabrede vorgeworfen. Der Angeklagte sitzt in der Justizvollzugsanstalt Lückau-Duben eine zwölfjährige Freiheitsstrafe unter anderem wegen Drogenhandels ab. Laut Anklage sollte er nun im Gefängnis für einen Rockerclub Gelder eingetrieben haben. Ursprünglich war der Angeklagte Chef einer bekannten Drogenbande von Neuruppin. Die Bande flog 2004 auf und . . . → Read More: Freispruch für JVA-InsassenÄhnliche Beiträge:Strafrecht: 14 Jahre Freiheitsstrafe für SerientäterUntreue: Vorwürfe der Zuhälterei gegen…Postbote vom Vorwurf Wurfsendung entsorgt zu haben…Betrug: 64-Jähriger erschlich sich 300.000 EuroEinbruch im Malergroßhandel: Angeklagter nach sechs…
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CONGRATULATIONS
WAY-TO-GO! In the aftermath of the verdict in the case involving the disappearance of Rilya Wilson, the FACDL listserv was flooded over the weekend with emails congratulating the attorneys who defended Geralyn Graham. Graham was accused of abusing and then murdering Rilya- a young child in foster care. Certainly the defense attorneys had a very difficult job in defending someone accused of killing a child. Could any charge evoke more emotion? And in the best tradition of our noble profession, both attorneys who were appointed to represent Graham stepped up and tread where few are brave enough and skilled enough to go. In the face of overwhelming emotion and sadness, the defense held the prosecution to their burden of proof. As to the murder count- at least one juror agreed. The mistrial on the murder count had the practical effect of saving the life of the defendant, who was otherwise facing the death penalty. So to the defense- job well done. But what disturbed us over the weekend was that lost in the chorus of congratulatory emails was the absence of any mourning for young Rilya Wilson, who is still missing, and most likely dead. She was a young child, born into difficult circumstances, and placed into a foster care system that horribly failed her. Children depend upon us to protect them and provide for them until they become adults. Children like Rilya Wilson are the most vulnerable, without permanent parents to provide a safe and nurturing home. Rilya Wilson needed the State of Florida's foster care system to protect her, and instead it killed her.A child is dead because of the incompetence and negligence of Florida's foster care system. And that tragedy should always remain foremost in our thoughts - beyond the natural urge to indulge in congratulating two colleagues who did an outstanding job in a very difficult case. So our last words on this subject are on the memory of this young child- Rilya Wilson. Multitudes of State officials testified that in the wake of Rilya Wilson having gone missing, changes were made in the way the State monitors children in foster care homes. ![]()
Rilya Wilson- hopefully your death will not be in vain. Sorry to start the week off on such a difficult note, but this was on our mind all weekend. BENCH AND BAR MIXER: This Thursday at Tobacco Road. 5:30-7:00 pm. More on this later in the week. Have a good week.Site Feed
Rilya Wilson- hopefully your death will not be in vain. Sorry to start the week off on such a difficult note, but this was on our mind all weekend. BENCH AND BAR MIXER: This Thursday at Tobacco Road. 5:30-7:00 pm. More on this later in the week. Have a good week.Site Feed
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What to do if you Receive an Ignition Interlock Violation in Michigan
Recent changes in Michigan's DUI Laws have impacted the way the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) handles alleged violations while a person in driving on an ignition interlock. This article will skip the long, detailed...
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