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Legal news from Monday, September 13, 2010




Former IBM executive sentenced to 6 months in Galleon insider trading case
Matt Glenn on September 13, 2010 3:25 PM ET

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[JURIST] A judge for the US District Court for the Southern District of New York [corporate website] sentenced former IBM [corproate website] senior vice president Robert Moffat to six months in prison Monday and ordered him to pay a $50,000 fine for his role in the largest insider trading trading case in US history. In March, Moffat pleaded guilty [JURIST report] to insider trading charges stemming from an investigation centered on Galleon Group [partnership website] hedge fund founder Raj Rajaratnam [JURIST news archive]. Moffat admitted giving confidential information about Advanced Micro Devices (AMD) and Lenovo, Ltd. [corporate websites] to New Castle Funds, LLC adviser Danielle Chiesi. Moffat will begin serving his sentence in June 2011 so that he can see his daughter graduate from college in May. Twenty-one people were charged [JURIST report] in the Galleon case, and 12 have pleaded guilty.

In February, a federal judge decided Rajaratnam's criminal trial will begin October 25 [JURIST report]. 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.




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Senate begins impeachment trial of federal judge
Matt Glenn on September 13, 2010 2:35 PM ET

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[JURIST] The US Senate Impeachment Trial Committee [official website] began hearing arguments Monday in the case against federal judge Thomas Porteous who is charged with perjury and accepting bribes from lawyers while a judge in the US District Court for the Eastern District of Louisiana [official website]. Porteous's lawyer Jonathan Turley [personal blog] claimed in his opening statement [text, PDF] that "Judge Porteous's actions, while in some instances showing poor judgment, were in fact entirely legal." Each side will have 20 hours to present its case. The committee will submit its findings to the Senate and decide whether to recommend a conviction. If two-thirds of the Senate votes to convict Porteous, he will be removed from office. Last week, the Judicial Council of the US Court of Appeals for the Fifth Circuit [official website] voted to continue Porteous' suspension [Times-Picayune report] from the bench through the remainder of the year. This marks the Senate's first impeachment trial since the proceedings against then-president Bill Clinton [JURIST materials] in the 1990s.

The US House of Representatives [official website] voted unanimously [JURIST report] in March to impeach Porteous. After an investigation [report text, PDF] by a special committee, the Judicial Conference found "substantial evidence" that Porteous had signed false financial disclosure forms, falsified statements in a personal bankruptcy proceeding, made false representations to secure a bank loan and violated criminal laws [text] and ethical rules by soliciting and receiving "cash and other things of value" from lawyers in a bench trial over which he was presiding. Porteous' decision in that case, In re Liljeberg enters v. Lifemark Hospitals, was later partially reversed [opinion text] by the Fifth Circuit, which earlier this year reprimanded Porteous [text, PDF]. A House committee began investigating Porteous [JURIST report] in 2008.The US Constitution gives the House the power to impeach [academic backgrounder] "all civil Officers of the United States" on suspicion of "high Crimes and Misdemeanors." Thirteen federal judges have been impeached, of which seven have been convicted.




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ICJ begins hearing on jurisdiction over Georgia-Russia conflict
Brian Jackson on September 13, 2010 1:42 PM ET

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[JURIST] Representatives from Russia and Georgia appeared before the International Court of Justice (ICJ) [official website] on Monday for the beginning of a hearing to determine whether the court has jurisdiction to hear allegations that Russia committed human rights abuses following the secession of two sections of Georgia [JURIST news archive] in the 1990s. The hearing was necessitated after Russia challenged the court's jurisdiction to hear the controversy in late 2009, arguing that the International Convention on the Elimination of All Forms of Racial Discrimination [materials] is inapplicable as Georgia and Russia were not engaged in a dispute over ethnic discrimination prior to the filing of the allegations. Russia has taken the stance that, while it supports the convention, the ICJ should not be used as a political tool [ITAR-TASS report] by Georgia as it attempts to have the Russian military removed [RIA Novosti report] from the two regions, South Ossetia and Abkhazia. Georgian representatives are expected to argue that a long-standing dispute has existed [AP report] between their country and Russia, granting the ICJ jurisdiction over the matter.

The dispute between Russian and Georgia is not limited to the proceedings before the ICJ. In March, representatives from Russia met with prosecutors [JURIST report] from the International Criminal Court to discuss claims of war crimes allegedly committed by Georgian soldiers during the conflict in South Ossetia in August 2008. That conflict occurred when Russia sent its military into Georgia in response to a Georgian bid to strike South Ossetia, an area heavily populated by Russians. The US has taken the position that both nations committed violations of human rights [JURIST report] during that conflict. Georgia initially instituted the case [JURIST report] currently before the ICJ in August 2008, shortly after Russia sent troops into Georgia .




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FBI report shows decrease in US violent crime for third straight year
Ann Riley on September 13, 2010 1:30 PM ET

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[JURIST] Violent crime in the US dropped for the third year in a row, according to the annual crime statistics for 2009 [press release], released Monday by the FBI. The FBI's Crime in the United States, 2009 [text] report showed a total 5.3 percent decrease in violent crimes between 2008 and 2009 to 1,318,398. Specifically, the number of murders dropped by 7.3 percent to 15,241, robberies dropped by 8.0 percent to 408,217, aggravated assaults dropped by 4.2 percent to 806,843, and forcible rapes dropped 2.6 percent to 88,097 compared to 2008 statistics. Additionally, property crime has continued to decrease for the seventh year in a row, specifically with 17.1 percent less motor vehicle thefts, 4.0 percent less larceny thefts, and 1.3 percent less burglaries. The FBI compiled the data from crime statistics from more than 17,985 city, county, university and college, state, tribal, and federal agencies nationwide.

In May, the FBI released its Preliminary Annual Uniform Crime Report [text; JURIST report] disclosing that violent crime in the nation decreased 5.5 percent and property crime declined 4.9 percent, when compared with data from 2008. The drop in 2009 follows a 1.9 percent decrease for 2008 and a 0.7 percent decrease [JURIST reports] for 2007. That came after two years of increasing rates of similar crimes, including a 2006 increase of 1.3 percent and a 2005 increase of 2.3 percent [JURIST reports].




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Iran judge releases journalist charged with 'warring against God'
Ann Riley on September 13, 2010 12:30 PM ET

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[JURIST] A judge from Branch 26 of the Revolutionary Court of Iran [GlobaLex backgrounder] on Sunday released [CHRR report] from prison Shiva Nazar Ahari, a journalist arrested following the 2009 presidential election [JURIST news archive], after she posted bail of USD $500,000, according to a local press reports. While Judge Pierre Abbasi has not yet issued a final ruling [Kaleme report, in Persian] or announced Ahari's official sentence, defense lawyers for Ahari are pushing for all charges to be cleared. Earlier this month, the court concluded the one-day trial [JURIST report] of Ahari. During the Tehran trial, conducted by head judge Pyrbasy, Ahari faced charges of warring against God [CHRR report], known in Islamic law as Moharebeh, conspiring to commit a crime, propaganda against the revolution and disturbing the public order, violating several articles of the Islamic Penal Code of Iran [MEHR backgrounder, PDF]. Conviction on a charge of Moharebeh could result in the death penalty. Ahari was also charged [Al Jazeera report] with ties to the People's Mujahedeen of Iran [CFR backgrounder], an exiled organization that advocates for the overthrow of the Iranian government. The charges have been criticized by opposition organizations in Iran and rights groups worldwide.

Ahari was first arrested following the June 2009 presidential elections, which resulted in widespread charges of fraud and nationwide protests. According to the Committee to Protect Journalists [advocacy website], this is the first time that a journalist has been charged with a capital crime in Iran. In May, Reporters Without Borders (RSF) [advocacy website] included Ayatollah Ali Khamenei and President Mahmoud Ahmadinejad [BBC profiles] of Iran in a report listing 40 "Predators of Press Freedom" [JURIST report] throughout the world. Pyrabasy previously presided over the trial of Mohammad Nourizad, a prominent Iranian journalist and filmmaker, who was sentenced in April to three-and-a-half years [JURIST report] in prison and 50 lashes for his activities after the 2009 elections. Nourizad was sentenced for "distributing propaganda against the establishment of the Islamic Republic of Iran, and desecrating the image of thirty years of the Islamic establishment," and insulting the supreme leader, the president, the head of the judiciary and Ayatollah Elmolhoda of the Assembly of Experts. In December, Iranian economist and journalist Saeed Laylaz was sentenced to a nine-year jail term [JURIST report] for possessing classified information and participating in protests following the 2009 elections. Thousands were arrested during the protests following the contested election.




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Iraq unlawfully holding, torturing thousands of detainees: report
Carrie Schimizzi on September 13, 2010 9:27 AM ET

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[JURIST] The Iraqi government is unlawfully detaining and torturing [press release] thousands of detainees, according to a Monday report from Amnesty International (AI) [advocacy website]. The report, "New Order, Same Abuses: Unlawful Detention in Iraq" [text, PDF] estimates that more than 30,000 detainees are currently being held in Iraqi prisons where they are tortured and mistreated, have no access to legal representation and are held indefinitely without visits from family members. Detainees are reportedly tortured during interrogations in order to obtain confessions, which are then used as evidence against them. In addition, many more uncharged detainees are being held despite judicial orders for their release. According to a 2008 Iraqi amnesty law [JURIST report], uncharged detainees are to be released after a period of six to 12 months in detention. The report recommends Iraqi prison authorities follow proposed guidelines to help protect detainees, including immediately halting the ill treatment of prisoners and ensuring the detainees are given full due process rights and access to legal representation. AI also urged the US and Iraqi authorities to respect international human rights law for the protection of prison detainees by immediately releasing any uncharged detainees:
Amnesty International has frequently called on both the US and Iraqi authorities to release detainees held for long periods unless they are formally charged with a recognizably criminal offence and tried according to international standards of fair trial. The practice of arbitrary detention flouts both Iraqi legislation and international human rights law.
Iraqi Deputy Justice Minister Busho Ibrahim and a US military spokesman both refuted [Reuters report] the AI investigation, saying that all detainees are being held on judicial warrant and that the report is "baseless" and the claims of detainee mistreatment are "not true."

The repeated reports of detainee torture in Iraq have caused concern among several human rights groups. In June, UN Special Representative to Iraq Ad Melkert urged the Iraqi government [JURIST report] to ratify the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment [text]. Melkert stated that Iraq had made several advances in recognizing human rights violations, but the government's policy implementation still faces several obstacles. The convention was adopted by the UN in 1984 and has been ratified by 147 countries. Iraq remains one of 45 member-countries that have yet to ratify the treaty. In April, Human Rights Watch (HRW) [advocacy website] reported on the repeated torture [JURIST report] of Iraqi detainees in a secret prison in Baghdad. HRW reported that detainees held at the secret Muthanna facility, run by Iraqi authorities, were hung upside-down, deprived of air, kicked, whipped, beaten, given electric shocks and sodomized during torture sessions that detainees faced every three to four days.




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Turkish voters approve constitutional reforms
Carrie Schimizzi on September 13, 2010 8:50 AM ET

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[JURIST] Constitutional amendments [text, in Turkish] previously annulled [JURIST report] by the Constitutional Court [official website, in Turkish] of Turkey were approved by a 58 percent popular vote [press review] Sunday, marking a major victory for the ruling Justice and Development Party (AKP) [party website, in Turkish]. The vote, which took place on the thirtieth anniversary of the 1980 coup that ushered in the current constitution, permits the implementation of sweeping reforms aimed at limiting the power of the judiciary and bringing the traditionally-secular military and judiciary under government control. The reforms will allow military officers to be tried in civilian court over alleged coup plots and crimes against the constitution and will also limit the power of the judiciary. In his victory speech [text, in Turkish], Prime Minister Recep Tayyip Erdogan [official profile, in Turkish] called the referendum a "historic milestone" that will be a "turning point" for the country.

In July, the Constitutional Court annulled those portions of government-approved amendments, but declined to annul all the amendments as requested [JURIST reports] by Turkey's opposition Republican People's Party (CHP) [party website, in Turkish]. Proponents of the reforms have insisted they are necessary in order for Turkey to meet the democratic and human rights standards required for admission to the EU. Opponents, however, have argued the reforms are meant to consolidate power and to bring the traditionally secular judiciary and military under control of the government. Turkey has faced several obstacles as it works toward membership in the EU, including opposition to the constitutional reforms, its human rights record, its stance toward political parties and tension [JURIST news archive] between the AKP and the military.




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