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Legal news from Thursday, July 7, 2005 |
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Corporations and securities brief ~ Spitzer to retry fraud charges against Sihpol
James Murdock on July 7, 2005 5:19 PM ET

[JURIST] Leading Thursday's corporations and securities law news, New York Attorney General Eliot Spitzer [Wikipedia profile] will retry ex-Bank of America broker Theodore Sihpol. Sihpol was acquitted on 29 counts of fraud-related charges last month [JURIST report], but the jury deadlocked on 4 counts and the judge declared a partial mistrial, leaving Spitzer the choice to retry those 4 counts. Bloomberg has more.
In other corporations and securities law news... - Deloitte [corporate website], once Parmalat's primary accounting firm, has said that it may settle with the bankrupt Italian dairy. Parmalat filed a $10 billion lawsuit against Deloitte [JURIST report], among others, to recoup money it says it lost through fraudulent accounting. Deloitte's CEO, William Parrett [corporate profile], said in an interview that his company did not commit fraud against Parmalat but would settle if it would save Deloitte money in the long run. Reuters has more.
- Boeing [corporate website] confirmed that is under investigation by the US State Department [official website] for selling planes equipped with motion-sensor devices to China. The devices are on a list of technology with possible military applications that US manufacturers are not allowed to export to China. The Seattle Times has reported that Boeing faces up to $47 million in fines for the transactions. Reuters has more.


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States brief ~ WI Supreme Court rules juvenile interrogations must be recorded
Rachel Felton on July 7, 2005 4:55 PM ET

[JURIST] Leading Thursday's states brief, the Wisconsin Supreme Court ruled [text] today that interrogations of juvenile prisoners must be electronically recorded. In reversing a 2003 Court of Appeals decision [PDF text] the court stated that recording the interrogations by videotape or audio record will prevent disputes about police misconduct and provide an accurate record of the interrogation. The court rejected the argument of the boy's attorneys that all confessions from children under the age of 16 should be thrown out if the child did not get a chance to speak with his parents. Alaska and Minnesota already mandate electronic recording. AP has more.
In other state legal news ... - The Florida Supreme Court has found that the Florida Public Service Commission [official website] acted properly and followed the state legislature's will to provide a means to open the local phone service market to competition when the Commission approved a 2003 plan allowing for the largest phone rate increase in state history. State Attorney General Charlie Crist [press release], the AARP, and the legislature's phone consumer advocate argued that the plan would not guarantee consumer benefits, which were also contemplated by the legislature. In its opinion [PDF text] the court disagreed writing, "The commission cites extensive evidence supporting its findings that beneficial competition will result from the commission's grant of the petitions." The rate increase has been on holding pending this decision. AP has more.
- The Wisconsin Supreme Court has ruled [text] that under state law, sexually violent offenders who have been released from prison can be committed to mental hospitals even if their recent act was not a dangerous sexual offense. According to the opinion, instead of the state having to prove the offender committed a dangerous sexual offense for commitment to a mental hospital, mental health experts, juries and judges must weigh the offender's entire history to decide whether he is dangerous under state law. The state law [text] provides that offenders who are determined to be sexually violent can be committed to a mental hospital after their prison term ends. AP has more.
- A lawsuit has been filed in a Sacramento Superior Court [official website] seeking an injunction against California's Mega Millions multi-state lottery game [gaming website]. The petition is challenging the unilateral actions of the California Lottery Commission in joining the multi-state lottery game without obtaining the legislative approval required under Proposition 37. Proposition 37 [Hasting's Law Library text] was passed by voters in 1984 and deals with the state's lottery. California's Mega Millions lottery game is two weeks old. The Sacramento Business Journal has local coverage.


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International brief ~ Peru judge orders 118 military officers arrested for 1988 massacre
D. Wes Rist on July 7, 2005 1:30 PM ET

[JURIST] Leading Thursday's international brief, a Peruvian judge has ordered the arrest of 118 current and retired military officers for their alleged involvement in a 1988 attack against the Andean village of Cayara [Amnesty International report], in which soldiers allegedly tortured and killed civilians in an attempt to gain information concerning a prior Shining Path [MIPT profile] attack. The order, the second order from a civilian judge for the arrest of military officials in the past year in Peru [government website in Spanish], puts Peru's civilian courts at odds with its military judicial system, which traditionally has jurisdiction over human rights abuses by military personnel. Human rights organizations have routinely criticized Peruvian military tribunals for handing out little more than reprimands in response to convictions for human rights abuses. AP has more.
In other international legal news ... - Twelve Indonesian soldiers convicted of killing civilians in Jakarta's Tanjung Priok port area [official website in Bahasa Indonesian] in 1984 had their convictions overturned Thursday in appellate court. The High Court decision overturned a human rights court conviction last year, finding that there was insufficient evidence to prove that the shootings, which resulted in 23 civilian deaths, were intentional as opposed to accidental. The decision is likely to raise concerns about traditional courts having appellate review of the newly established human rights courts, an issue already fiercely debated during their initial implementation. JURIST's Paper Chase has continuing coverage of Indonesia [JURIST news archive]. BBC News has more.
- Bahama Tom Nyandunga, the recently appointed special envoy from the African Union [official website] assigned to assess the current situation in Zimbabwe following nearly two months of "Operation Restore Order", has been roundly dismissed by government officials in Harare, and has said that his entire mission is in danger of failing before it even begins. Nyandunga, a member of the AU Commission on Human and People's Rights [official website], was sent to Harare last Thursday, but has been denied diplomatic credentials by the Zimbabwe government [official website] and has reportedly informed superiors that they must decide whether to pressure Zimbabwe or simply withdraw the mission. The tension places Zimbabwe in an awkward situation, as Zimbabwean President Robert Mugabe [Wikipedia profile] has routinely depended upon the AU to blunt criticism from western nations regarding internal affairs in Zimbabwe. Experts have suggested that pressure by G8 nations and the potential prize of massive debt relief may cause the AU to alter its traditional defense of Mugabe's actions as internal politics. JURIST's Paper Chase has continuing coverage of Zimbabwe [JURIST news archive]. Zimbabwe's Financial Gazette has local coverage.
- Women marched in protest Wednesday against politicians in the Kenyan Parliament [government website] whom they accused of tampering with the affirmative action clauses in the draft constitution regulating the number of women delegates in Parliament. The current draft, agreed to at the Bomas constitutional meetings, set the number of required women members of Parliament at 1/3 of all available seats. Members of the Parliamentary Select Committee and the Parliamentary Consensus Group moved to have the clause introduced as controversial, which would put it on a list of items requiring separate approval before being included in the draft constitution. Women members of Parliament and several women's organizations vowed to exert political influence to see the draft constitution defeated if the clause was not left untouched. JURIST's Paper Chase has continuing coverage of Kenya [JURIST news archive]. Kenya's Daily Nation has local coverage.


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Iraqi Al-Qaeda group claims to have executed Egyptian ambassador
David Shucosky on July 7, 2005 11:50 AM ET

[JURIST] An Al-Qaeda group in Iraq has claimed to have executed Eyhab al-Sharif, Egypt's top ambassador to Iraq. He was kidnapped on Saturday shortly after arriving in Baghdad as the first envoy from a major Arab state to the new Iraqi government, and would be the first high-level foreign diplomat to be killed by insurgents. A statement from the group [CNN report] posted online reads in translation "...We, the al Qaeda in the land of the two rivers, announce that the verdict of God against the ambassador of the infidels, the ambassador of Egypt, has been executed, praise be to God." The statement has not been confirmed, but previous claims at the site have been accurate. A video posted by the group showed al-Sharif identifying himself [AP report] but not his death. ArabicNews.com has more.
1:13 PM ET - BBC News is reporting that the Egyptian government has confirmed that its ambassador in Iraq has been killed.
4:03 PM ET - After news of the Egyptian envoy's murder spread, Iraqi president Talabani was quoted as saying that his country was "plagued" by foreign militants involved in the insurgency. Before official confirmation, Iraqi foreign minister Hamed al-Bayati said: "If it is true, then it is a huge crime because he is a diplomat who enjoys immunity under international law." AFP has more. Egypt's ambassador to the UN spoke earlier this afternoon on the killing of his colleague; watch recorded video.


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NYT reporter Miller held in "New Generation" jail in Northern Virginia
Christopher Tate on July 7, 2005 11:48 AM ET

[JURIST] New York Times reporter Judith Miller [Wikipedia profile], who was ordered jailed [JURIST report] for contempt after refusing to reveal a source in conjunction with a federal criminal investigation into an intelligence leak, is at the Alexandria Detention Facility [official website] in Alexandria, Virginia, after being brought to the facility late Wednesday. The jail, touted as a "New Generation" facility, houses all prisoners under the local sheriff's custody, whether they are local, state, or federal prisoners. Among those hold there is convicted terrorist Zacarias Moussaoui [JURIST news archive]. Editor & Publisher has more.


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Damages claimed against companies implicated in mass credit card fraud
Christopher Tate on July 7, 2005 9:35 AM ET

[JURIST] Class representatives amended a complaint against CardSystems Solutions, MasterCard, Visa, and Merrick Bank [corporate websites] Thursday, demanding monetary compensation for negligence. The lawsuit stems from a security breach at CardSystems that resulted in the exposure of some 40 million credit cards to potential fraud [JURIST report]. Three representatives filed the suit on behalf of hundreds of cardholders in California Superior Court in San Francisco. The complaint [PDF], originally filed June 27, had at that time demanded only declaratory relief that would require the credit card companies to notify customers who were exposed to the security breach, and provide those customers with credit monitoring and fraud protection free of charge. The amendment comes after new evidence suggests that Visa, MasterCard, and Merrick Bank knew that CardSystems had failed multiple industry-standard security audits, and nonetheless continued to allow CardSystems to process transactions. CNET has more.


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BREAKING NEWS ~ Blair says it "reasonably clear" London blasts were terror attacks
Bernard Hibbitts on July 7, 2005 7:05 AM ET

[JURIST] In a short televised statement, British Prime Minister Tony Blair has said it is "reasonably clear" that the multiple London transport system blasts [JURIST report; BBC continuing live audio; BBC in-depth report] earlier Thursday were "terrorist attacks" designed to coincide with the G8 meeting at Gleneagles. The meeting will continue, although Blair will go to London to assess the situation and meet officials before returning later in the day.
7:25 AM ET - A full transcript of the Prime Minister's statement is now available online from the Home Office. BBC News has recorded video.
8:35 AM ET - UK Home Secretary Charles Clarke has made a statement on the London bombings in the House of Commons and has indicated there were at least four attacks: First, on a tube train between Aldgate East and Liverpool Street; second, on a bus in Woburn Place; third, on a tube train between Russell Sq and Kings Cross and fourth on a tube train at Edgware Road station. As yet we do not know who or which organisations are responsible for these criminal and appalling acts. Read the full text of Clarke's statement, or view recorded video.
8:40 AM ET - Mayor of London Ken Livingstone, still in Singapore after yesterday's meeting of the International Olympic Committee that awarded the 2012 Games to London, has issued a statement condemning what he called a "cowardly terrorist attack."
9:15 AM ET - BBC Monitoring has picked up an unconfirmed website claim by a previously unknown group calling itself the "Secret Organisation Group of al-Qaeda" claiming responsibility for the London bombings. Read a translation of the Arabic web statement by the BBC.
9:23 AM ET - Further statements on the London attacks are now online from Queen Elizabeth II, US President Bush (currently at the G8), the G8 leaders (as read by Tony Blair before his departure for London), the President of the European Commission, and London-based Amnesty International (condemning the attacks as a "crime against humanity").
9:44 AM ET - AP is reporting that a US law enforcement official, citing British government sources, has said at least 40 people have been killed in the explosions in London. This number has not been publicly confirmed by UK authorities.
10:27 AM ET - UK law enforcement authorities speaking at a press conference have now confirmed 33 fatalities on the London transport system, not including a group of undetermined fatalities on a double-decker bus.
11:19 AM ET - US Homeland Security Secretary Michael Chertoff has issued a statement on US precautions folowing the London bombings: "We have been in direct communication with officials at the state and local level and with public and private sector transportation officials. We have asked them for increased vigilance and additional security measures for major transit systems." Read the full statement.
Previously in JURIST's Paper Chase:


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BREAKING NEWS ~ Many injured in London blasts; bombs suspected; PM to speak
Bernard Hibbitts on July 7, 2005 6:21 AM ET

[JURIST] Speaking [transcript] outside 10 Downing Street Thursday morning, UK Home Secretary Charles Clarke has reported "terrible injuries" after several explosions on the London transport system just before 9 AM London time Thursday morning suspected to have been caused by terrorist bombs. The system was shut down after explosions at several stations; at least one double-decker bus is reported to have been destroyed with many casualties. Although some London-based websites are down, summary reports are provided by the BBC and the Guardian, with latest updates on the BBC and the Guardian news blog.
From the Guardian blog at 11:20 AM London local time (6:20 AM ET): Tony Blair will be making a live, televised statement on the crisis at midday. Sir Ian Blair, Metropolitan Police Commissioner, has told the BBC that there have been six explosions so far today, one on a bus. In what is clearly intended to be a calming message, he asks that Londoners stay where they are, do not call the emergency services unless there is a life-threatening situation, and promises there will be more information. For more official information as the situation develops:6:54 AM ET - The BBC is now reporting the first confirmed deaths in the explosions - two persons at the Aldgate East subway station.


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