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NY court rejects $18M class action writers deal
Headline News |
2011/08/18 09:18
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A federal appeals court in New York has rejected an $18 million class action settlement reached after freelance writers sued publishers.
The writers had said their copyrights were infringed upon when their works were reprinted online without permission.
The 2nd U.S. Circuit Court of Appeals in Manhattan said Wednesday the 2005 deal had to be scrapped because the plaintiffs didn't adequately represent all members of the class. It says more than 99 percent of claims wouldn't be covered by the settlement because they involved writers who hadn't registered copyrights.
The settlement was reached after the Supreme Court in 2001 ruled freelance writers have online rights to their work. The case largely applied to articles, photographs and illustrations produced 15 or more years ago. |
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Former CEO guilty in 'Ponzi' scheme
Headline News |
2011/08/18 09:17
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The former CEO of an Austin-based investment firm was found guilty on Wednesday on federal charges that he schemed and defrauded investors out of millions of dollars.
Triton Financial CEO Kurt Branham Barton was named in a 39-count indictment alleging he used former NFL stars and church contacts to raise $50 million fraudulently from investors.
The counts against Kurt Branham Barton included money laundering, wire fraud and securities fraud. He is accused of using the money raised from investors to support an expanding Ponzi scheme and to enrich himself and the chief financial officer of his Triton Financial firm.
“It is regrettable that selfish, greedy individuals devise schemes to make themselves rich by victimizing honest and innocent people, often depriving the victims of their life savings, U.S. Attorney John E. Murphy said. These con artists are usually very accomplished salesmen taking advantage of trusting investors, who unfortunately will never be made whole again.
Evidence presented during the eight-day trial showed that from December 2005 and December 2009, Barton devised a scheme to obtain money from investors under false pretenses. |
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EPA settles with owners of Mass. chemical plant
Headline News |
2011/08/17 10:32
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The owners of a suburban Massachusetts chemical plant that exploded in 2006, destroying dozens of homes, have agreed to pay the federal government an estimated $1.3 million to help cover the cost of cleaning up the hazardous waste that was left behind.
The Environmental Protection Agency said a consent decree unveiled Monday requires the companies to pay for some of the $2.7 million spent by the agency to clean up the site after the explosion in Danvers, a town about 25 miles north-northeast of Boston.
The EPA said the action resolves claims against former operator CAI Inc. and property owners Sartorelli Realty LLC and Roy Nelson, of the Nelson Danvers Realty Trust.
The EPA also announced that CAI will pay $100,000 to settle allegations that conditions at the facility violated the federal Clean Air Act. The $1.3 million includes cash and the net proceeds from the sale of the property, assuming the property sells for its appraised value, the agency said.
A series of explosions at the ink and paint factory shared by CAI and Arnel Co. Inc. on Nov. 22, 2006, damaged 270 local homes and businesses. No one was killed or seriously injured. |
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2 enter guilty pleas in GOP corruption case
Law Center |
2011/08/16 10:33
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Two people who worked for former House Speaker John Perzel have pleaded guilty to charges stemming from a public corruption investigation of the House Republican Caucus.
Samuel Stokes, a former House employee and brother-in-law to Perzel, pleaded guilty to one count of conflict of interest and one count of criminal conspiracy.
Don McClintock, a former campaign aide to Perzel, entered a guilty plea for one count of criminal conspiracy.
Each count carries a maximum penalty of five years imprisonment and a $10,000 fine.
Stokes and McClintock were facing at least a dozen counts charging them with conflict of interest, theft and conspiracy, but agreed to cooperate in the prosecution of other defendants as part of an agreement with the state attorney general's office.
Paul Towhey, Perzel's former chief of staff, was expected to enter a guilty plea on Friday.
Perzel, Rep. Brett Feese, and five other current and former aides were charged in November 2009 after a grand jury found they used taxpayers' funds, employees and resources for political campaign purposes. |
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Tech blogger won't be charged in Apple iPhone case
Topics |
2011/08/15 09:20
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Prosecutors said Wednesday that they will not bring charges against a tech blogger who bought an Apple iPhone prototype after it was found at a bar in March 2010 in a case that ignited an unusual First Amendment debate.
San Mateo County Assistant District Attorney Morley Pitt said charges were not filed against Gizmodo.com's Jason Chen or other employees, citing California's shield law that protects the confidentiality of journalists' sources.
The difficulty we faced is that Mr. Chen and Gizmodo were primarily, in their view, engaged in a journalistic endeavor to conduct an investigation into the phone and type of phone it was and they were protected by the shield law, said Pitt.
We concluded it is a very gray area, they do have a potential claim and this was not the case with which we were going to push the envelope.
Chen's house was raided and his computer seized after Gizmodo posted images of the prototype. The website and other media organizations objected, saying the raid was illegal because state law prohibits the seizure of unpublished notes from journalists.
We feel there was not a crime to begin with and still believe that, and are pleased the DA's office has an appropriate respect for the First Amendment, said Thomas J. Nolan Jr., a lawyer for Chen. |
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Nigerian who allegedly scammed 80 law firms, lawyers out of $31M extradited to US
Law Firm News |
2011/08/15 09:19
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A Nigerian man who fled to his homeland after being accused of defrauding dozens of lawyers and law firms of more than $31 million dollars has been extradited to the U.S., Nigeria’s anti-graft agency said Friday.
Emmanuel Ekhator was arrested in Nigeria’s Benin City by the country’s Economic and Financial Crimes Commission in August. He was handed over to U.S. marshals in New York on Thursday, said Femi Babafemi, the anti-graft body’s spokesman.
“With the latest extradition, ... the message should be clear to anyone who travels abroad to commit crime and run back home to hide that Nigeria is no longer safe for them,” Farida Waziri, the anti-graft body’s chief, said in a statement. “We will get them and hand them over to face the law.”
Court records show Ekhator has yet to be assigned a lawyer. He remained in custody on Friday.
Charging documents from the U.S. District Court in the Middle District of Pennsylvania show that Ekhator and others are accused of mail and wire fraud after using bank accounts in South Korea, Singapore, China and Japan to collect the stolen money.
Federal prosecutors say the complicated scam involved multiple players, with a fraudster calling a U.S. or Canadian law firm posing as someone usually in Asia who needed to collect a debt from a person or organization based in North America. Another scammer poses as the debtor and agrees to pay off the debt — using a fake check, authorities say.
The law firms or lawyers collect the fake check, which gets validated by a third scammer posing as a bank employee over the telephone. Before the victims realize the check is fake, they’ve already used their own money to pay the fake settlement amount to their supposedly Asia-based client. |
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