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Legal news from Friday, April 18, 2008 |
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Former Fannie Mae CEO settles civil accounting fraud charges for $24.7 million
Steve Czajkowski on April 18, 2008 4:35 PM ET

[JURIST] Former Fannie Mae [corporate website] CEO Franklin Raines has agreed to pay $24.7 million [press release] to settle a civil lawsuit [JURIST report] brought by the Office of Federal Housing Enterprise Oversight (OFHEO) [official website], OFHEO said Friday. In 2006, OFHEO filed the lawsuit [PDF text; press release, PDF] against Raines, former Vice Chairman and CFO J. Timothy Howard, and former Senior VP and Controller Leanne G. Spencer based on allegations that the three "improperly manipulated earnings to maximize their bonuses, while knowingly neglecting accounting systems and internal controls." Howard and Spencer also settled for $6.4 million and $275,000 respectively. AP has more.
In October 2004, the US Department of Justice (DOJ) began an investigation into whether Fannie Mae broke accounting rules to smooth earnings and boost executive bonuses; the DOJ dropped [JURIST reports] the investigation in August 2006. In May 2005, Fannie Mae settled for $400 million [JURIST report] with regulators at the Securities and Exchange Commission and OFHEO for fraudulently reporting future earnings so that top executives would receive maximum performance bonuses. A derivative lawsuit filed by shareholders, which sought to force former executives and board members involved in the scandal to repay their bonuses and severance packages to the corporation, was dismissed [JURIST report] in June 2007.


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Pope tells UN human rights key to solving world issues
Steve Czajkowski on April 18, 2008 2:56 PM ET

[JURIST] Protecting human rights is vital to bridging inequalities between countries, Pope Benedict XVI [official profile] said Friday in a speech [text] to the United Nations General Assembly in New York on the third day of his visit to the United States [official websites]. The Pope said: Experience shows that legality often prevails over justice when the insistence upon rights makes them appear as the exclusive result of legislative enactments or normative decisions taken by the various agencies of those in power. When presented purely in terms of legality, rights risk becoming weak propositions divorced from the ethical and rational dimension which is their foundation and their goal. The Universal Declaration, rather, has reinforced the conviction that respect for human rights is principally rooted in unchanging justice, on which the binding force of international proclamations is also based. This aspect is often overlooked when the attempt is made to deprive rights of their true function in the name of a narrowly utilitarian perspective. Since rights and the resulting duties follow naturally from human interaction, it is easy to forget that they are the fruit of a commonly held sense of justice built primarily upon solidarity among the members of society, and hence valid at all times and for all peoples. This intuition was expressed as early as the fifth century by Augustine of Hippo, one of the masters of our intellectual heritage. He taught that the saying: Do not do to others what you would not want done to you "cannot in any way vary according to the different understandings that have arisen in the world" (De Doctrina Christiana, III, 14). Human rights, then, must be respected as an expression of justice, and not merely because they are enforceable through the will of the legislators. UN Secretary General Ban Ki-moon introduced the Pope in a speech [text] about the shared interests of the Catholic Church and the UN regarding issues such as poverty, nuclear proliferation, and the environment.
On Thursday, the Pope met privately with victims of clergy sexual abuse [JURIST news archive] in the Boston area. He first addressed the issue of clergy sex abuse when he arrived in the US on Tuesday, and raised it again in his homily during a Thursday mass at Nationals Stadium. AP has more. The International Herald Tribune has additional coverage.


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Military commission trial of alleged 9/11 planner to be televised for victims' families
Patrick Porter on April 18, 2008 1:34 PM ET

[JURIST] US Army Col. Lawrence Morris, chief prosecutor for the Guantanamo Bay military commissions, has said that the trials of Khalid Sheikh Mohammed [BBC profile, JURIST news archive] and other Sept. 11 suspects will be broadcast live via closed-circuit television to several military bases so that victims' families can watch, according to Friday media reports. Some family members applauded the decision, while others said justice would be better served if the trials were held in regular courts and open to the public at large, thereby countering any accusations of unfairness. Reuters has more.
Last September, the US Department of Defense released censored audio recordings [MP3 file] of Mohammed's Combatant Status Review Tribunal [DOD backgrounder]. The recording eliminated 10 of about 40 minutes of Mohammed's testimony [transcript, PDF], in which he said he masterminded the 9/11 attacks [JURIST report] and claimed responsibility for 29 other planned terror attacks.


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Senate directs DOJ to investigate highway spending earmark
Jaime Jansen on April 18, 2008 10:31 AM ET

[JURIST] The US Senate voted 64-28 [roll call] Thursday to direct the US Department of Justice (DOJ) to open an investigation into discrepancies between the 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU) [text; press release] as approved in Congress and the version that was sent to the president for signature. The 2005 highway spending bill contained more than 6,000 earmarks, including $10 million earmarked for I-75 in southwestern Florida. The version that reached President George W. Bush's desk redirected the I-75 money to the "Coconut Road Interchange" in Florida. Former House Transportation Committee Chairman Don Young (R-AK) [official website] has acknowledged that he supported the Coconut Road project at the request of Florida community residents, but the specifics of how the money was redirected to Coconut Road remain unclear. Also Thursday, the Senate voted 88-2 [roll call] to pass a bill [HR 1195] amending SAFETEA-LU.
Senate Majority Leader Harry Reid (D-NV) supported [press release] the decision to urge the DOJ to investigate whether any violations of federal criminal law occurred, while Republicans raised separation of powers concerns about having Congress direct the DOJ, an executive branch agency, to open an investigation. A 2007 House bill [HR 3248 materials] returned the $10 million earmark to the original I-75 project. AP has more.


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Canada tried to prevent Khadr transfer to Guantanamo: letter
Jaime Jansen on April 18, 2008 8:57 AM ET

[JURIST] Canada requested in 2002 that the United States not send detainee Omar Khadr [DOD materials; JURIST news archive] to Guantanamo Bay [JURIST news archive] after his capture in Afghanistan, according to a letter submitted with court documents filed by Khadr's lawyers Thursday. Khadr's lawyers have argued that Guantanamo was an inappropriate place to detain Khadr because he was 15 years old at the time of his capture. The 2002 letter, from the Canadian Embassy in Washington, DC to the US State Department, notes that both Canada and the US have laws designed for minor suspects and that those laws should prevent Khadr's transfer to the military prison. Last month, Khadr's lawyers argued [JURIST report] before the Supreme Court of Canada that the Canadian government should be compelled to turn over confidential documents [JURIST report] that they say led to Khadr's charges and are therefore necessary for a fair trial. Khadr is seeking documents that Canada allegedly provided to US authorities, along with videotapes of Khadr's 2003 interrogations at Guantanamo and uncensored transcripts.
Earlier this week, Khadr's lawyers argued [JURIST report] before a three-judge panel of the US Court of Appeals for the DC Circuit that the court has jurisdiction to intervene in Khadr's case to determine whether only detainees found to be "unlawful enemy combatants" may be subject to a military commission [DOD materials], or if such hearings also apply to "enemy combatants." Khadr, now 21, faces life imprisonment after allegedly throwing a grenade that killed one US soldier and wounded another while fighting with the Taliban in Afghanistan in 2002. He was charged [charge sheet, PDF; JURIST report] in April 2007 with murder, attempted murder, conspiracy and providing material support for terrorism, as well as spying. Khadr's trial was originally scheduled to begin May 5, but last month US military judge Col. Peter Brownback postponed the trial [JURIST report] and instead scheduled a May 8 hearing in order to hear arguments on a number of evidence issues that must be reconciled before the trial can begin. AP has more.


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