Last Friday, news came from across the Atlantic that Britain’s Serious Fraud Office (“SFO”) had successfully obtained its first series of convictions under the UK’s Bribery Act of 2010 (the “Bribery Act”), which became effective in July 2011. The SFO reported that a jury had found three men – Gary Lloyd West, former chief commercial officer at Sustainable AgroEnergy PLC, James Brunel Whale, former CEO of Sustainable Growth Group, and Stuart John Stone, a financial products sales director with SJ Stone Ltd. – guilty of numerous charges, including giving and receiving bribes in violation of the Bribery Act, stemming from their fraudulent promotion and sale of bio-fuel investment products to UK investors between April 2011 and February 2012. The scheme involved more than 250 investors, many of whom were duped into investing life savings and pension funds, and resulted in losses of over £23 million (approximately $36…
Britain’s Serious Fraud Office Secures First Convictions Under Bribery Act
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Interstate Blocked West at Meridian Rd
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 12/11/2014 8:22 a.m. Please direct questions to the District Office At this time, Idaho State Police is investigating a Semi-Truck that has rolled on Interstate 84, westbound at the Meridian Road exit. Currently all westbound lanes are blocked by the crash. Further updates will be released as they become available. Drivers are encouraged to avoid the area if possible and expect delays. DSP Initials SA / DO -------------
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How Not to Write a Petition for Certiorari
From Josh Blackman's Blog, I learned about the remarkably terrible petition for certiorari in Sigram Schindler Beteiligungsgesellschaft MPH v. Lee. Blackman notes that the Supreme Court has ordered the attorney for the petitioner to show cause why he should not be sanctioned. Will Baude points out that the petition's indecipherable nature may be due to inadequate supervision by the attorney on the case.Both Blackman and Baude highlight the petition's mysterious question presented:“Does the US Constitution, in legal decisions based on 35 USC §§ 101/102/103/112, • require instantly avoiding the inevitable legal errors in construing incomplete and vague classical claim constructions – especially for “emerging technology claim(ed invention)s, ET CIs” – by construing for them the complete/concise refined claim constructions of the Supreme Court’s KSR/Bilski/Mayo/Myriad/Biosig/Alice line of…
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Single Vehicle Crash on Interstate 15 near McCammon
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 12/11/2014 @ 8:35 a.m. Please direct questions to the District Office On December 11, 2014, at approximately 6:00 a.m., Idaho State Police investigated a crash on Interstate 15 near milepost 43, in the McCammon area. Carolyn A. Greenlee, 25, of Seattle, WA., was driving a 1992 Subaru Loyale station wagon in the northbound lane of Interstate 15, just south of milepost 43. She drove off the left shoulder of the road, overcorrected, then drove off the right shoulder where the vehicle rolled into the barrow pit. Greenlee was wearing a seatbelt. She was transported by ground ambulance to Portneuf Medical Center in Pocatello, ID. DSP Initials do / ks -------------
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Everything is Calm. Everything is Civilized.
The two young men have been in the same place at the same time before. I have seen it on the video recording. The first meeting – captured by a surveillance camera at the back of a D.C. metro bus — – involved a violent altercation in which they exchanged blows. The kid getting the worst of it – my client –eventually pulled out a weapon. * * * * * As a criminal defense lawyer, I have mixed feelings about video recordings. On the one hand, there is a reason that the police cars with video equipment in D.C. go unused. Why complicate things with an objective record of events when police can testify from memory, selectively emphasizing the “facts” that best make out the government’s case and conveniently omitting those that don’t? On the other hand, depending on the facts of a case, there can be nothing more shocking – nothing more damning to a criminal defendant – than such a video recording. It is…
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Can Police Search Your Phone without a Warrant?
Cell phones help to make modern life possible, but they can also make our private details public. In addition to the slew of security breaches and malicious hacks that seem to plague smart phone users, there’s another way phones can expose your personal information, too: police searches. Everyone knows that police need a warrant to search through your…
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Two Views on Second Circuit's Insider Trading Decision
Here are two (ahem) differing views on yesterday's Second Circuit insider trading decision in United States v. Newman. The Wall Street Journal editorial writers are understandably happy at the ruling and contemptuous of Preet Bharara, dubbing him an Outside the...
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School shootings in the news
There was a time when we heard about a threat of violence involving a school – usually a phony bomb threat – once in very long while. For some reason, these threats have become a regular part of life for students and their parents. Recent examples in Arizona are not hard to come by: Last […] The post School shootings in the news appeared first on David Black.
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Race and crime in San Diego
It should come as no surprise to our readers that, like most other areas in the country, black San Diegans shoulder a disproportionate share of both crime suspects and crime victims. We’re not offering a sociological analysis of the issue, but we can report to you on the most recent statistics in this area. The […] The post Race and crime in San Diego appeared first on .
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Diversionary Programs Beneficial to Minnesota Juveniles
Minnesota officials are crediting diversion programs and community-based alternatives as the main reasons why the state spends so much less than the national average when it comes to housing, feeding and guarding juvenile inmates each year. Findings from the Justice Policy Institute revealed that Minnesota spent $104,839 per juvenile inmate in 2013, and while that may seem high, it’s over $40,000 less than the national average, which comes in at $148, 767. New York spends the most on juvenile incarceration, as their bill comes in at $353,000 per juvenile, per year. While many states are looking for ways to reduce juvenile incarceration costs, some are looking to Minnesota as an example. Although the state spends more than double than Louisiana, the state that spends the least on per-juvenile incarceration, Minnesota has been praised for its diversionary programs. One small but effective program is the Juvenile Detention Alternatives Initiative, which helps juveniles…
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Motion to continue trial due to an absent or unavailable witness – appealing the denial of a continuance in Alabama criminal court cases (video)
One of the complications of jury trials is simply managing to get all the witnesses to court. In some situations, a defendant in a criminal trial may need to file a motion to continue his or her trial because an important defense witness is absent or unavailable for the trial. Obtaining a continuance on these grounds can be surprisingly difficult at times, especially if the judge or prosecutor is pushing for a trial to go forward on a certain date. When requesting a continuance, criminal defense lawyers need to make their reasons for needing a continuance clear, and they need to put the request on the record. Merely making the request in an off-the-record scheduling conference is not going to be enough to preserve the issue for appeal. Trial counsel needs to file a written motion with the trial court as far ahead of trial as possible, and the motion needs to clearly state why the case must be continued. A trial court generally has discretion over whether or not to grant a…
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I am a Senior Citizen – Can I File Bankruptcy?
While the financial crisis has hit the entire country very hard, Georgian Senior Citizens may be particularly affected due to the state’s increasing healthcare costs combined with its decreasing pensions – problems that typically affect the elderly population. The good news is that Senior Citizens are eligible to take advantage of certain benefits that are not available to the middle-aged or young Georgians when filing for bankruptcy. However, filing bankruptcy is not the right choice for everyone. Read on to learn more about filing for bankruptcy as a Senior Citizen and contact our office to speak to an experienced attorney who can answer all of your questions about this process. Bankruptcy May Help Reduce Your Healthcare Bills Healthcare costs and medical bills are easily one of – if not the most – cited reason why Senior Citizens opt for filing bankruptcy. The good news is that it is typically relatively easy to completely or mostly…
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Criticism of California opinion admitting statement notwithstanding officer's promise that it would not be used
Shaun Martin at California Appellate Report says: The Court of Appeal affirms the conviction notwithstanding the promises on the basis of wiggle room in the officer's representations to the kid. So, yeah, the officer repeatedly promised that whatever was said...
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News Roundup
The nation and the state continue to discuss events in Ferguson, Missouri and in Staten Island, New York. One direct impact of the controversy in North Carolina is that the Legislative Black Caucus plans to introduce legislation in the 2015 session that would require law enforcement officers to wear body cameras, according to this WRAL […]
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Gewerbsmäßige Leichenfledderei mit der Kamera
Die Entscheidung könnte Präzedenz-Charakter haben: Ein „Blaulicht“-Reporter muss dem von ihm nicht ausreichend anonymisierten Unfallopfer 10.000 Euro Schmerzensgeld wegen der Veröffentlichung dieser Aufnahmen vom Unfall im Internet zahlen. Kurz nach Eintreffen der Rettungskräfte war auch der Blaulicht-Reporter da Das Unfallopfer war am 20. Mai 2014 mit seinem schweren Geländewagen in Dorsten von der Straße abgekommen und mit hoher Geschwindigkeit frontal gegen einen Baum geprallt. Die Feuerwehr musste den Mann aus dem Auto schneiden. Bereits sehr kurz nach dem Unfall war ein Blaulicht-Reporter vor Ort und hielt mit der Kamera drauf, während der Fahrer mit lebensgefährlichen Verletzungen ins Krankenhaus gebracht wurde. Nach Angaben der Polizei gebe es keine Hinweise auf Alkohol– oder Drogenmissbrauch vor der Kollision, auch das Fahrzeug weise keinen technischen Defekt auf. Warum es zu dem Frontalunfall kam, ist noch…
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The First World War: International Law Mattered More Than You Think
Isabel V. Hull, A Scrap of Paper: Breaking and Making International Law during the Great War (2014). Christopher Capozzola All schoolchildren—even American ones—know that the First World War began with the assassination of Archduke Franz Ferdinand in Sarajevo in June 2014. Not so, according to Isabel V. Hull, a distinguished historian of modern Germany. “The First World War,” she explains, really “began with an international crime: Germany’s violation of Belgian neutrality.” (P. 16.) In her masterful new book, A Scrap of Paper: Breaking and Making International Law during the Great War, Hull retells the history of the First World War as a series of breakings and makings—or remakings—of international law. This is a breathtaking study that may well be the best book ever written about international law in times of war. The “scrap of paper” in Hull’s title refers to Britain’s 1839 treaty promise to…
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The Post ATL Was Too Afraid To Run
It sucks getting sued for defamation. It sucks even worse when the judge denies your motion to dismiss. So it’s hard to blame Above The Law for being a bit skittish about the fact that it was not only sued by lawyer Meanith Huon for making him the target of its lawyerly snark, but will now have to go through litigation like ordinary humans before winning. Hey, guys, those who live by the snark, die by the snark. So my fellow curmudgeon and long-time ATL columnist, Mark Herrmann, did what any self-respecting guy who wallows in the gutter by writing for ATL would do: He wrote a post about it, which ATL refused to publish. So I will. ATL Announces: We’ve Been Sued! I’ve done a lot of stupid things during the four years that I’ve been writing this column at Above the Law. But today, I’m taking my stupidity to a new level. Above the Law, David Lat, Elie Mystal, and others have been sued in a defamation case. (I’m…
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Ivy League Law Schools too Traumatized over "Ferguson" can delay taking Final Exams
Law students at Harvard, Columbia and Georgetown Universities can elect to be excused from taking final exams if they feel disturbed by the grand jury decisions relating to the Ferguson and New York City decisions. As I understand it, this means that they would still have to take exams but could do so after receiving counseling and at a later date. I anticipate other law schools to follow suit if the administrations of these top tier law schools are allowing students to opt out and postpone taking finals. I think this acquiescing to law students’ demands is totally out of place. However, I disagree that law students and lawyers should be emotionless in how they approach their cases and careers as lawyers. Many law professors in the academia elite feel this "opting out" to be totally inappropriate. “The decision to allow students selectively to postpone exams as a result of emotional upset over the Ferguson and Garner grand jury decisions shows, once…
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The Marshall Project Takes A Swan Dive Into The Bidet (Update)
It’s not easy being the Messiah du jour, especially when there are so many emotions at play, but one would have thought that Oberlin educated Neil Barsky could control his urges long enough to gain some cred, if not protect his non-profit status, before losing control. Nope. It was less than a month ago when it debuted by attacking criminal defense lawyers as the bane of the system, but it has now gone for naked advocacy with Dana Goldstein’s post on dueling data on campus rape. On Monday Emily Yoffe published a long piece in Slate arguing that the Obama administration and college officials have become overwrought in their concern about campus sexual assaults. Yoffe heaped particular scorn on one of the common talking points in the campus rape debate: the claim that one-fifth of all female students have been victimized. Of the many things Emily Yoffe did, heaping scorn was not among them. If anything, Yoffe’s post was as neutral and unladen by…
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Day 5: TASA Accreditation
Distinguish yourself in the field of anti-bribery compliance by obtaining a professional credential that demonstrates your expertise and credibility. TASA: TRACE Anti-Bribery Specialist Accreditation® is a comprehensive and rigorous year-long training program that provides the most comprehensive, high-quality and easily accessible anti-bribery education available. TASA Candidates choose an area of study from a library of over 100 recorded courses, taught by a world-renowned faculty. The accreditation is awarded by TRACE, the internationally recognized anti-bribery standard-setting organization Grand Prize: One randomly selected winner will receive one year of free tuition to the TASA: TRACE Anti-Bribery Specialist Accreditation program (valued at More…
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