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Legal news from Monday, February 11, 2008 |
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Amnesty slams Cambodia over forced evictions
Andrew Gilmore on February 11, 2008 6:56 PM ET

[JURIST] Amnesty International [advocacy website] on Monday sharply criticized the Cambodian government for forcibly evicting impoverished citizens from their homes to make way for tourism development and infrastructure projects. In a report [text; press release] entitled "Rights Razed - Forced Evictions in Cambodia," Amnesty said that since 2003 nearly 30,000 Cambodians in the capital city of Phnom Penh have been forcibly evicted, and that nearly 150,000 Cambodians across the country are at risk of being evicted. Amnesty called on Cambodia to stop the practice, which it said violates the International Covenant on Economic, Social and Cultural Rights (ICESCR) as well as the Universal Declaration of Human Rights [texts].
Amnesty urged Cambodia to ban forced evictions and to ensure that victims of forced evictions have access to shelter, clean water, sanitation, and health and education services. Amnesty also called on Cambodia to adopt the recommendations provided in a 2006 report [PDF text] prepared by UN Special Rapporteur on Adequate Housing Miloon Kothari [official website]. BBC News has more.


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US arrests 4 suspects in China espionage cases
Alexis Unkovic on February 11, 2008 3:20 PM ET

[JURIST] A former Chinese-American engineer at Boeing [corporate website] was arrested [DOJ press release] Monday for allegedly stealing corporate trade secrets related to the Space Shuttle and other aerospace programs and turning them over to China [JURIST news archive]. Dongfan "Greg" Chung was indicted [PDF text] last Wednesday on charges of economic espionage, conspiracy to commit economic espionage, obstruction of justice, making false statements to FBI investigators, and acting as an unregistered foreign agent. Chung's arrest is reportedly related to the case of Chi Mak [CI Centre backgrounder; JURIST report], a Chinese-American engineer convicted [BBC report] in 2007 of conspiring to smuggle sensitive naval intelligence data to China.
In related news Monday, federal agents also arrested [press release] three other suspects, including an official with the Defense Security Cooperation Agency (DSCA) [official website] of the US Department of Defense, on separate espionage charges [affidavit, PDF] related to divulging classified US government documents and information to the Chinese government. Reuters has more.


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Federal judge sentences former Milberg Weiss partner Lerach to 2 years in prison
Alexis Unkovic on February 11, 2008 3:20 PM ET

[JURIST] US District Judge John Walter of the Central District of California on Monday sentenced former Milberg Weiss [firm website] partner William Lerach to two years in prison for his part in the firm's illegal kickback scheme [WSJ backgrounder]. Lerach pleaded guilty last year to conspiracy to obstruct justice after reaching an agreement [JURIST reports] with prosecutors in September. In January, the US Attorney's Office for the Central District of California recommended [JURIST report] that Lerach receive two years in prison. Lerach's attorneys filed a sentencing memorandum [PDF text; WSJ report] with the court Friday requesting the imposition of a 12-month sentence to be divided between six months of incarceration followed by six months of home confinement. Lerach's attorneys also provided the court with more than 150 letters written by individuals urging leniency on Lerach's behalf. In addition to prison time, Lerach was sentenced to two years probation and 1,000 hours of community service. He must also pay a $250,000 fine. AP has more.
In October, Milberg Weiss co-founder Melvyn Weiss pleaded not guilty [JURIST report] to federal charges of conspiracy, racketeering, obstruction of justice and making false statements. In May 2006, a federal grand jury indicted [JURIST report] the firm and two name partners, David J. Bershad and Steven G. Schulman, on charges of conspiracy to make false statements and obstructing justice. Lerach was named as "Partner B" in the indictment [PDF text]. As part of the scheme, certain individuals who agreed to serve as lead plaintiffs in class action and shareholder derivative lawsuits were promised 10 percent of the attorney fees eventually gathered by Milberg Weiss. Prosecutors allege that the firm paid up to $11.3 million in illegal kickbacks since 1984. Three individuals pleaded guilty [JURIST report] in connection with the scheme in May 2006, and Bershad pleaded guilty [JURIST report] to conspiracy charges in July.


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US to seek death penalty in six 9/11 military commission cases: reports
Joshua Pantesco on February 11, 2008 8:00 AM ET

[JURIST] The Pentagon is expected to announce Monday that military prosecutors will seek the death penalty against six Guantanamo detainees accused of involvement in the Sept. 11 terror attacks, according to government sources speaking on condition of anonymity. Under the 2006 Military Commissions Act (MCA) [PDF text], the convening authority who oversees the military commissions process, former US Court of Appeals for the Armed Forces Judge Susan J. Crawford [DOD press release], will decide to reject or grant the prosecutor's request for a capital trial. Among the six detainees expected to be charged is Khalid Sheikh Mohammed [BBC profile], who has said under oath that he masterminded the 9/11 attacks [JURIST report] and is responsible for 29 other planned terror attacks.
The decision to seek the death penalty in the six 9/11 cases is expected to attract additional criticism from countries and human rights groups that already oppose the Bush administration's treatment of detainees at Guantanamo Bay [JURIST news archive]. The US has said that some 80 Guantanamo detainees will eventually face prosecution under the military commissions system [DOD materials]. So far, cases have been initiated against seven detainees, including two charged [JURIST report] last week. The New York Times has more. Reuters has additional coverage.
11:58 AM ET - In a press conference Monday morning, the Defense Department announced that charges [PDF text] have been sworn against six Guantanamo Bay detainees: - Khalid Sheikh Mohammed,
- Walid Muhammad Salih Mubarek Bin 'Attash,
- Ramzi Binalshibh,
- Ali Abdul Aziz Ali,
- Mustafa Ahmed Adam al Hawsawi, and
- Mohamed al Kahtani.
According to the Defense Department's press release [text]:Each of the defendants is charged with conspiracy and the separate, substantive offenses of: murder in violation of the law of war, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, terrorism and providing material support for terrorism. The first four defendants, Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarek Bin 'Attash, Ramzi Binalshibh, and Ali Abdul Aziz Ali are also charged with the substantive offense of hijacking or hazarding a vessel. All of the charges are alleged to have been in support of the attacks on the United States on Sept. 11, 2001. The Pentagon also confirmed that it will seek the death penalty for each defendant.


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