[JURIST] Former International Business Machines Corp. (IBM) [corporate website] senior vice president Robert Moffat pleaded guilty [press release, PDF] Monday to conspiracy and securities fraud charges stemming from his involvement in the largest hedge fund insider trading case in US history. US Attorney Preet Bharara [TIME profile] said, "[Moffat] willfully ignored his professional and legal responsibilities," and provided inside information in breach of fiduciary duties, facilitating illicit securities transactions. Moffat's plea is in connection with the probe surrounding Galleon Group [partnership website] hedge fund founder Raj Rajaratnam [FT profile; JURIST news archive] and former hedge fund consultant Danielle Chiesi. Moffat's conviction is the eleventh among 21 people currently under investigation [JURIST report] by the Department of Justice [official website].

Last month, a federal judge decided Rajaratnam's criminal trial [JURIST report] will begin October 25. Former Intel Capital [corporate website] executive Rajiv Goel pleaded guilty [JURIST report] to insider trading charges in connection with the Galleon probe earlier in February. Rajaratnam, Chiesi, Goel, and Moffat were arrested in October and charged [complaint, PDF] along with two other individuals and two business entities with insider trading. The complaint alleged that the individuals provided Galleon Group and another hedge fund with material nonpublic information about several corporations upon which the funds traded, generating $25 million in illicit gain. Rajaratnam and Chiesi pleaded not guilty [JURIST report] in December after being indicted for insider trading.

[JURIST] The US Supreme Court [official website; JURIST news archive] heard oral arguments [day call, PDF; merit briefs] Monday in two cases. In Renico v. Lett [oral arguments transcript, PDF; JURIST report], the court heard arguments on whether double jeopardy is violated by a new trial after a state trial court declared a mistrial due to the jury's inability to reach a verdict. The US Court of Appeals for the Sixth Circuit affirmed [opinion, PDF] the decision of the district court that the second trial violated the rights of the defendant, Reginald Lett. The decision overturned a decision by the Michigan Supreme Court, which found that the second trial did not violate the double jeopardy bar. Counsel for the petitioner argued that the Sixth Circuit failed to properly defer to the Michigan court under the Antiterrorism and Effective Death Penalty Act (AEDPA) [text, PDF]. Counsel for the respondent, Lett, argued that, "habeas relief was properly granted."

In Morrison v. National Australia Bank [oral arguments transcript, PDF], the court heard arguments on whether foreign investors are entitled to bring fraud-on-the-market claims under Section 10(b) of the Securities and Exchange Act of 1934 [text, PDF] when the stock purchased was that of a foreign company on a foreign securities exchange. The US Court of Appeals for the Second Circuit affirmed [opinion, PDF] the decision of the district court to dismiss the claims for lack of subject matter jurisdiction. It found that actions outside of the US were more responsible for the fraud than anything that occurred within the US. Counsel for the petitioners argued that the federal court had jurisdiction over the claim. Counsel for the respondents argued, "unlike the rights of action that this Court has addressed in other extraterritoriality cases, the section 10(b) right is purely implied. Congress didn't intend for this right of action to exist even domestically, let alone extraterritorially." Counsel for the US government argued as amicus curiae on behalf of respondents.

[JURIST] Russian President Dmitry Medvedev [official profile] signed a bill Monday re-implementing a ban on human cloning [JURIST news archive] in Russia, according to the Kremlin Press Service. The bill, which replaces a previous ban on human cloning that expired in 2007, prohibits attempts to clone human beings [RIA Novosti report] until the state determines how to regulate the practice. The bill does not prevent embryonic stem cell [NIH report; JURIST news archive] research. The lower [RIA Novosti report] and upper houses [RIA Novosti report] of Russia's parliament approved the legislation earlier this month.

Last year, the US National Institute of Health (NIH) [official website] issued proposed guidelines [JURIST report] for funding human embryonic research, which would allow funding only if the embryos would have otherwise been destroyed and the donor consented to their use for research. The guidelines also state that stem cells cannot be obtained from somatic cell nuclear transfer, or cloning, and from embryos specifically created for research. In 2007, the UN Institute of Advanced Studies [official website] called for a global ban [JURIST report] on cloning. In 2005, the UN General Assembly passed [JURIST report] a non-binding resolution [materials] calling for a total ban on human cloning, after negotiations for a binding treaty collapsed. More than 50 countries have enacted domestic bans on human cloning.

[JURIST] Some forms of online piracy in France are on the rise in spite of the recently passed anti-piracy law [legislative materials, in French; JURIST news archive], according to a March study [text, PDF; in French] conducted by the Marsouin Unit [official website, in French] at the University of Rennes [official website]. While 15 percent of individuals using Peer-to-Peer networking have stopped using such sites, Internet piracy has increased by 3 percent [Ars Technica report] since the law was passed, the study says. Much of the increase may attributable to the use of streaming technology and downloading sites not covered by the law. The new law has yet to take effect.

Online piracy has assumed increasing importance in the eyes of legislators across Europe, as many countries, including the UK, consider legislation [BBC report] that reflects the law enacted in France. The French bill was approved by the Constitutional Court in October after being given final approval by the French Parliament [JURIST reports] the previous month. Under the so-called "three strikes" law, the French government could send notices to Internet service providers to terminate an individual's Internet access for up to one year after a third violation of intellectual property laws for downloading or sharing movies and music. One of the key reasons this version of the law was upheld by the court, after it struck down an earlier version [JURIST report], is the requirement of judicial review prior to denial of Internet service.

[JURIST] A federal grand jury in the US District Court for the Eastern District of Michigan [official website] on Monday returned a five-count indictment [text, PDF] against nine suspected members of the Hutaree "militia" group accused of plotting to kill police officers. The group members allegedly planned to kill [AP report] Michigan law enforcement officers by, among other methods, making phony 911 calls and ambushing those who responded. The members then planned to attack the funeral processions of the fallen officers. The charges against the nine individuals include seditious conspiracy, attempted use of weapons of mass destruction, teaching the use of explosive materials and possessing a firearm during a crime of violence. The FBI announced that eight of the nine members of the group are in custody [press release] and had been indicted, and the ninth member is a currently at-large. Andrew Arena, the Special Agent in Charge, commented on the national interest in these arrests, saying, "[t]he FBI takes such extremist groups seriously, especially those who would target innocent citizens and the law enforcement officers who protect the citizens of the United States." One of the counts of the indictment, attempted use of a weapon of mass destruction, carries a possible sentence of life in prison.

Right-wing nativist and so-called "patriot" anti-government militias such as the Hutaree are on the rise in the US, and a recent report by the Simon Wiesenthal Center [advocacy website] suggests that a lack of regulation on the Internet [JURIST report] is fueling this increased prevalence. A report by the Southern Poverty Law Center (SPLC) [advocacy website], released last year, noted that these groups are making a comeback [JURIST report] after declining in number for a number of years. The SPLC said that such groups are generally anti-tax, anti-immigration, and increasingly racially motivated since the election of the country's first African-American president, Barack Obama. The SPLC also warned that these groups could soon pose a security risk to the country, quoting one official as saying “[a]ll it's lacking is a spark. I think it's only a matter of time before you see threats and violence."

[JURIST] Nigerien police arrested a dozen former ministers and officials loyal to ousted president Mamadou Tandja [BBC profile] late Sunday. The close aides to Tandja, including former finance minister Lamine Zeine, former justice minister Garba Lompo, and former minister of public works Lamido Oumarou, were detained and questioned on charges of plotting and carrying out subversive activities [BBC report] against the military junta. Interior Minister Cisse Ousmane asserted over state television that there would be strict enforcement [Reuters report] against activities that disturb the peace and public order. After last month’s coup [JURIST report], acting head of state Major Salou Djibo [Xinhua profile] pledged to clean up the corruption, and the military junta, which is calling itself the Supreme Council for Restoration of Democracy (CSRD), has promised to turn Niger into a democracy. While the CSRD announced the creation of a task force to draft a new constitution and electoral laws, a constitutional committee, and a court to replace those that were dissolved [JURIST report] following the coup, it has given no time frame for the transition to civilian rule. International observers have urged the junta to hold elections and Niger has since been expelled [press release, PDF] from the African Union [official website].

The February coup, which left at least three Nigerien soldiers dead, was in response to a referendum abolishing presidential term limits [JURIST report], allowing Tandja to remain in office for three more years and to run in any subsequent elections. Niger's opposition parties denounced the referendum, claiming that Tandja inflated poll numbers to support the new constitution's adoption. After the coup, Nigerien rights group United Front for the Safeguard of Democratic Assets (Fusad), called for the prosecution of Tandja [JURIST report] on treason charges. Allied with the opposition party, Fusad claims that Tandja is guilty of corruption violating the constitution [AFP report], and alleges that he gave out contracts to foreign oil and uranium firms. Niger [CIA World Factbook profile], which is known for its exportation of uranium, has gone through five constitutions and military regimes since it's founding in 1960.

[JURIST] The Grand Chamber of the European Court of Human Rights (ECHR) [official website] ruled [judgment; press release] Monday that France had not violated the rights of detainees to be brought promptly before a judicial officer. In a case brought by crewmembers of a Cambodian ship intercepted by French authorities under suspicion of carrying significant quantities of narcotics, the ECHR found that while the French government had violated the crewmembers' right to liberty under Article 5.1 of the European Convention on Human Rights [text, PDF] by confining them to their quarters under guard for 13 days while still at sea, there was no violation of their Article 5.3 right to "be brought promptly before a judge." The crewmembers were brought before investigating judges the same day they were brought on shore. The decision was much anticipated [AP report, in French] in French political and judiciary circles, since it is seen as having implications for the French government's current project to reform French criminal procedure [JURIST op-ed]. Opponents of the reform plan to substitute public prosecutors for traditional investigating judges had relied on ECHR case law to argue that such a move would compromise the right of the suspect to a fair and impartial investigation. French Justice Minister Michele Alliot-Marie [official profile, in French] has interpreted the decision as favorable [press release, in French] to the proposed reform.

The campaign for criminal procedure reform [advocacy website, in French] has gained momentum over the past few months as a result of other recent decisions by the ECHR in Salduz v. Turkey, Mooren v. Germany, Koslenik v. Ukraine [judgments], which called a lack of safeguards during police custody a violation of article 6 of the Convention. French lawyers and human rights groups have demanded that all suspects in police custody be given the right to see a lawyer immediately and access to a lawyer during interrogation, as well as be informed of their right to remain silent.

[JURIST] Myanmar's largest opposition party, the National League for Democracy (NLD) [party website], announced Monday that it will not participate in the nation's first elections in 20 years because of "unjust" election laws [JURIST report]. A spokesperson for the NLD explained that the party had unanimously decided not to register [AP report] for the elections because they viewed the nation's electoral laws as "undemocratic." Most notably, the Political Parties Registration Law bars [JURIST report] the NLD's leader Aung San Suu Kyi [BBC profile; JURIST news archive] from participating in the election and prevents the NLD from participating if Suu Kyi remains the leader of the party. The NLD's refusal to take part in the elections could decrease the legitimacy of the elections in light of pressure on the current government to ensure that all groups are involved in the electoral process.

Last week, the UN Human Rights Council [official website] adopted a resolution [A/HRC/13/L.15 materials] condemning Myanmar for rights violations and urging [JURIST report] the ruling junta to conduct fair and free elections. Also last week, the Myanmar Supreme Court rejected [JURIST report] a lawsuit brought by the NLD to repeal the election laws preventing Suu Kyi from participating. Earlier this month, UN Secretary-General Ban Ki-moon [official website] said that the election laws do not meet international standards [JURIST report] for an inclusive political process, and the laws have also drawn criticism from Human Rights Watch [advocacy website], which said [press release] "[the new law] continues the sham political process that is aimed at creating the appearance of civilian rule with a military spine."

[JURIST] A Quezon City court on Monday dismissed rebellion charges against 24 people, including Andal Ampatuan Sr., the leader of a Muslim clan in the Philippines' semi-autonomous southern province of Maguindanao, and four of his family members. The Philippines Department of Justice [official website] had implicated Ampatuan and several of his followers in the November slayings [press release] of 57 campaign workers, journalists, and supporters of family political rival Esmael Mangudadatu. Prosecutors claimed that in response to a police crackdown on the family following the massacre, Ampatuan, his three sons, his brother, and other members of his clan plotted to stage an armed rebellion against the Philippine government. Regional Trial Court judge Vivencio Baclig cleared the rebellion charges [Reuters report] against the Ampatuans and 19 others due to a lack of evidence. Acting Philippine Justice Secretary Alberto Agra said that the ruling would not effect the rebellion prosecution [JURIST report] of more than 600 members of the Ampatuan clan. The Ampatuans remain in custody awaiting trial on 57 counts of murder [Philippine Star report].

The Ampatuans and several of their followers are alleged to have intercepted Mangudadatu's convoy en route to declare his candidacy for governor at a regional election office, ultimately forcing his convoy to a remote hilltop where the Ampatuans' group killed and buried them. Following the killings, Philippine President Gloria Macapagal-Arroyo [official website] imposed martial law [JURIST report] and suspended habeas corpus in Maguindanao. She later lifted the conditions, following international pressure and domestic legal challenges [JURIST reports].

[JURIST] US President Barack Obama on Sunday urged the Afghan government to reduce corruption and institute an effective judicial system. During a surprise visit to the country, Obama called on Afghan President Hamid Karzai [official website; JURIST news archive] to take steps to promote good governance [CBS/AP report], end cronyism, and curtail the opium trade [GlobalSecurity backgrounder]. US Chairman of the Joint Chiefs of Staff Adm. Mike Mullen [official profile] echoed these sentiments [Reuters report] on Monday, linking the success of the coming offensive against the Taliban in Kandahar [CEIP backgrounder] and the wider US military campaign in Afghanistan [GlobalSecurity backgrounder] with the ability to reduce corruption and establish a legitimate government. National Security Advisor James Jones [official profile] also emphasized the importance of reducing corruption [NYT report] to US officials.

In January, Afghanistan's lower house of parliament, narrowly approved [JURIST report] Habibullah Galib as the country's new Minister of Justice after rejecting the renomination of then incumbent Sarwar Danish [official profile]. Galib's appointment was described by the director of the Afghan Independent Human Rights Commission [advocacy website] as a step backwards. In November, Afghan authorities announced that they had questioned two cabinet ministers [JURIST report] on corruption charges. Karzai had previously vowed to fight corruption [JURIST report] in his second term inaugural address amid pressure from the international community. Late last year, Afghanistan was ranked [JURIST report] the second most corrupt country in the world by Transparency International [advocacy website], behind only Somalia.

[JURIST] A Chinese court on Monday convicted four employees of Australian mining company Rio Tinto [corporate website] of receiving bribes and stealing commercial secretes. Rio Tinto's Shanghai manager, Australian national Stern Hu, and three Chinese colleagues were sentenced to between seven and 14 years in prison for accepting around USD $13.5 million in bribes and using "improper means" to gain secret commercial information that gave the company an advantage when bargaining with China over the importation of steel. The court concluded that Chinese companies paid an additional 1.02 billion yuan (USD $150 million) [Xinhua report] for steel last year because of the actions the four men. Rio Tinto said they were unable to comment [press release] on the conviction for stealing commercial secrets because that portion of the trial was held in a closed court. The statement also condemned the actions of the men and indicated they would be fired, stating:

Receiving bribes is a clear violation of Chinese law and Rio Tinto's code of conduct, The Way We Work. We have been informed of the clear evidence presented in court that showed beyond doubt that the four convicted employees had accepted bribes. By doing this they engaged in deplorable behaviour that is totally at odds with our strong ethical culture. In accordance with our policies we will terminate their employment.