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Legal news from Saturday, August 9, 2008




US citizen sentenced to nearly 16 years for spying for China
Steve Czajkowski on August 9, 2008 6:03 PM ET

[JURIST] A judge in the US District Court for the Eastern District of Virginia [official website] on Friday sentenced [DOJ press release] Tai Shen Kuo, a naturalized US citizen and Louisiana businessman, to 188 months in prison for his part in a conspiracy to deliver national defense information to China [JURIST news archive]. Judge Leonie Brinkema [official profile] also required Kuo to forfeit $40,000 after he pleaded guilty to the espionage charges on May 13. According to the Department of Justice (DOJ) [official website], between March 2007 and February 2008 Gregg William Bergersen, an analyst at the Defense Security Cooperation Agency [official website], a group within the Department of Defense (DOD) [official website], gave Kuo classified information on US military sales to Taiwan [JURIST news archive] and US military communications security. The DOJ also stated that Kuo gave gifts to Bergersen and promised to give him a position in his company. BBC News has more.

Bergersen was charged [affidavit, PDF] and arrested [JURIST report] in February and later pleaded guilty [DOJ press release; JURIST report] to conspiracy for disclosing national defense information. Last month he was sentenced [JURIST report] to five years in prison. In another Chinese espionage case, Dongfan "Greg" Chung, a former Chinese-American engineer at Boeing [corporate website], was arrested in February and charged with stealing corporate trade secrets [PDF indictment] related to aerospace programs and turning them over to China. Chung's and Bergersen's activities were allegedly linked by Chi Mak [CI Centre backgrounder; JURIST report], a Chinese-American engineer sentenced [JURIST report] in March for conspiring to smuggle sensitive naval intelligence data to China.






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SEC investigating bank over auction-rate securities sales
Deirdre Jurand on August 9, 2008 12:43 PM ET

[JURIST] The Bank of New York Mellon Corp. [corporate website] disclosed Friday in its quarterly report [text; materials] that the Securities and Exchange Commission (SEC) [official website] is investigating possible breaches of procedure by one of the bank's subsidiaries in auction-rate securities sales and purchases. Auction-rate securities [New York Times report] are long-term bonds with varying interest rates that change based on weekly or monthly auctions. In the report, bank officials wrote:

The Company self-disclosed to the SEC that Mellon Financial Markets LLC ("MFM") placed orders on behalf of issuers to purchase their own Auction Rate Securities. The SEC is conducting an investigation of those transactions. MFM is cooperating fully with the SEC in its investigation.
AP has more. Reuters has additional coverage.

On Thursday, the SEC agreed to a preliminary settlement with financial firm Citigroup Global Markets, Inc. [corporate website; SEC press release] over the firm's auction-rate securities practices, and Friday the agency entered into a similar settlement with the firm UBS [corporate website; SEC press release]. UBS is also facing a lawsuit [complaint, PDF; JURIST report] filed late last month by New York Attorney General Andrew Cuomo [official profile] for allegedly misrepresenting auction-rate securities as low-risk despite the actual volatility of such investments. AP has more.





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UN celebrates adoption of indigenous rights declaration
Deirdre Jurand on August 9, 2008 11:51 AM ET

[JURIST] The UN observed its fourteenth International Day of the World’s Indigenous People [official website] Saturday, marking the first observance since the September 2007 adoption of the United Nations Declaration on the Rights of Indigenous Peoples [text, PDF; FAQ, PDF]. In 1994, the General Assembly declared [A/RES/49/214 text, PDF] that the day would be observed every August 9 in an effort to "promote the enjoyment of the rights of indigenous people and the full development of their distinct cultures and communities." The Assembly reaffirmed that declaration [A/RES/59/174 text, PDF; official website] in 2004. UN Secretary General Ban Ki-moon said [statement] of the UN's continued observance of the day in 2008:

The fundamental motivation was the Assembly’s recognition of the need to place the United Nations clearly and strongly behind the promotion and protection of the rights of indigenous peoples, in order to put an end to their marginalization, their extreme poverty, the expropriation of their traditional lands and the other grave human rights abuses they have faced and continue to encounter. Indeed, the suffering of indigenous peoples includes some of the darkest episodes in human history.
The UN's official celebration [program and materials] of the day included statements by UN officials, a cultural performance and a panel discussion on Conciliation and Reconciliation between Indigenous Peoples and States. The UN News Centre has more.

The Declaration adopted [press release; JURIST report] by the General Assembly in 2007 is a non-binding treaty outlining the global human rights [JURIST news archive] of about 370 million indigenous people and banning discrimination against them. 143 member states voted to adopt the treaty and 11 abstained. Four member states - Australia, Canada, New Zealand, and the United States - voted against adopting the treaty, citing concerns that its text conflicted with their countries' own laws, among other contentions.





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Rights groups warn of possible war crimes in Georgia republic breakaway region
Steve Czajkowski on August 9, 2008 11:05 AM ET

[JURIST] International human rights groups on Saturday condemned any violence Russian or Georgian forces might commit against civilians in the separatist region of South Ossetia [BBC backgrounder], warning that those actions may amount to war crimes. After a period of smaller conflicts, on Friday the Republic of Georgia [official backgrounder; JURIST news archive] announced that to restore constitutional order, it was launching a large scale military offensive [NY Times report] in the region, which broke away from Georgia following a 1991-1992 war. On Saturday, Russia sent troops [BBC report] into South Ossetia in what it called a mission to protect civilians. Human Rights Watch (HRW) [official website] Europe and Central Asia Director Holly Cartner stated [press release]:

All sides must remember that attacks on civilians, or acts intended to terrorize civilians, clearly violate international humanitarian law, and may constitute war crimes. This would be true even if they are carried out in reprisal for indiscriminate attacks by the adversary.
The International Crisis Group [official website] issued a similar statement [text], calling on both sides to end the conflict and uphold humanitarian law. Reuters has more.

After South Ossetia declared its independence from Georgia in 1991, violence in the region continued until the following year, when an agreement was reached to deploy peacekeepers from Georgia, Russia, and South Ossetia itself. There was a lull in the conflict until Mikhail Saakashvili [official website] became president of Georgia in 2004, and announced his intentions to bring breakaway regions back under Georgian control. Analysts say the current fighting marks the continuing deterioration [JURIST report] in Georgian-Russian relations. Recent conflicts have included accusations by Georgian authorities [JURIST report] that Russia instigated protests calling for an overthrow of the government last November, and allegations of Russia's role in a coup plot [JURIST report] in August 2007.





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