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Legal news from Friday, April 1, 2005




Nuclear terrorism treaty presented at UN
Elana Kornblit on April 1, 2005 9:37 PM ET

A United Nations committee Friday adopted a draft of a new treaty to fight nuclear terrorism [UN press release] after years of negotiations. The draft defines acts of nuclear terrorism and strengthens the framework to combat it. The text now goes to the General Assembly for formal adoption, with the treaty opened for signature on 14 September. "The draft aims to deal with assisting states in solving situations created by terrorist groups possessing nuclear material, and post-crisis situations by rendering the nuclear material safe in accordance with safeguards provided by the International Atomic Energy Agency," Committee chairman Rohan Perera of Sri Lanka told a news conference [press briefing transcript]. The UN News Centre has more.




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Berger pleads guilty to taking classified documents, loses security clearance
Elana Kornblit on April 1, 2005 8:49 PM ET

As anticipated [JURIST report], former US National Security Advisor Sandy Berger [Wikipedia profile] pleaded guilty Friday to illegally taking and destroying classified documents from the National Archives [official website]. The former Clinton Administration official acknowledged that he intentionally took and deliberately destroyed three copies of the same document dealing with terror threats during the 2000 millennium celebration and then lied about it to Archives staff when they told him documents were missing. As part of his sentencing agreement, Berger surrendered his security clearance and agreed to cooperate with the government concerning his activities at the National Archives. Read the US Department of Justice press release on the Berger plea. AP has more.




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CT ex-governor Rowland begins prison sentence
Phillip Hong-Barco on April 1, 2005 4:05 PM ET

[JURIST] Former Connecticut Governor John G. Rowland [archived official website] arrived Friday at Loretto [official website], a minimum-security federal prison in Pennsylvania, to begin his year-long sentence for corruption of office. Rowland was sentenced two weeks ago [JURIST report] to one year in prison, four months of house arrest, three years probation, and an $82,000 fine after pleading guilty last December [JURIST report]. The federal Bureau of Prisons decided to place Rowland about 70 miles east of Pittsburgh, despite a recommendation by the sentencing judge for a prison outside of Boston, near his family. The former governor, who fell from power after a top aide disclosed to the FBI numerous payoffs received by the office, will be eligible for release in 10 months. AP has more.






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Corporations and securities brief ~ FBI investigates auto supplier Delphi
Amit Patel on April 1, 2005 4:02 PM ET

[JURIST] Leading Friday's corporations and securities law news, the FBI [official website] has announced it has started an investigation into auto supplier, Delphi Corp. [corporate website], over improper accounting at the firm. Delphi, which had launched an internal investigation into its accounting practices after receiving subpoenas from the SEC [official website] and Department of Justice (DOJ) [official website], announced last month that it had improperly accounted for cash payments to former parent General Motors Corp [corporate website]. Delphi said it improperly accounted for $237 million in payments made to GM in 2000 and was reviewing the timing of the release of $45 million of reserves in the first quater of 2002 and recognition of an $18 million payment received from a customer in the fourth quarter of 2000. The FBI is coordinating its investigation with the SEC, DOJ, and the United States Postal inspectors. The Detroit News has more.

In other news...

  • MBIA Inc. [corporate website], the world's biggest bond insurer, announced New York Attorney General Eliot Spitzer [official website] and the SEC have asked for new information about the company's accounting practices. MBIA said the requests were supplements to subpoenas sent last year related to accounting for advisory fees and reserves for claims. Investigators also asked for documents about MBIA reinsurer, Channel Reinsurance Ltd. Read the MBIA press release. Bloomberg has more.

  • The SEC has accused ex-Councilman Anthony Sudol III, 44, of Gilroy, California, with insider trading relating to allegations he tipped off his two brothers, Michael Sudol and Richard Sudol to pending acquisitions when he worked as a high-level manager at Cisco Systems Inc. Read the SEC litigation release and complaint [PDF]. The San Francisco Chronicle has more.

  • MCI Inc. [corporate website] announced it will reopen merger talks with invited Qwest Communications Inc. [corporate website] after Qwest had raised its bid to nearly $9 billion. MCI had agreed to Verizon Communication's [corporate website] bid of $7.5 billion earlier this week. Qwest has not commented on the move and it is unclear whether the company will stick to the April 5 deadline it had set for MCI to accept its offer. Read the MCI press release. AP has more.

  • Japan and Mexico will follow the European Union [official website] and Canada in imposing higher taxes on certain US goods after Congress failed to repeal the Byrd Amendment [text]. Under a WTO [official website] ruling, which found the amendment to be illegal [JURIST story], Japan has the right to impose extra taxes totalling $116 million. The two countries have not decided against which goods they will retaliate. Bloomberg has more.

  • A source close to the American Insurance Group (AIG) [corporate website] investigation said regulators are looking at up to 20 different transactions, and that more deals could be added to the list. Regulators are said to be looking at other parties to deals AIG has made. AP has more.

  • Peter Berman, the former comptroller of sports retailer Just for Feet Incorporated, agreed to pay $51,000 to settle charges with the SEC that he participated in a scheme that inflated income at the company. Berman agreed to accept a ban to serve as an offer or director of a public company. AP has more.
Click for previous corporations and securities law news.





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Judge denies media access to Schiavo abuse investigation records
Phillip Hong-Barco on April 1, 2005 3:52 PM ET

[JURIST] Florida circuit judge Judge George Greer Friday denied a request from the St. Petersburg Times [media website] for the release of investigative summaries regarding alleged mistreatement of Terri Schiavo [JURIST new archive]. The dozens of files in question are held by Florida's Department of Children & Families [official website], which initiated investigations [JURIST report] of possible abuse after medical scans on Terri Schiavo revealed multiple bone fractures. While friends and family allege that she was unhappy with her marriage, Michael Schiavo has denied harming his wife and maintains that the bone damage resulted from osteoporosis caused by Terri's long term immobility. Thus far, none of the allegations have been substantiated. AP has more.






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American citizen captured in Iraq designated "enemy combatant"
Jeannie Shawl on April 1, 2005 2:26 PM ET

[JURIST] US Department of Defense [official website] spokesmen have said that US forces in Iraq are holding a man with joint US and Jordanian citizenship who is said to be a senior operative for terrorist leader Abu Musab Zarqawi. The unidentified suspect, who is the first American known to be captured fighting for the Iraq insurgency, is said to have been Zarqawi's emissary to insurgent groups in several cities in Iraq and also worked to coordinate the movement of insurgents and money into Iraq. He was apparently captured late last year. He ha since been deemed an enemy combatant [JURIST news archive] and thus not entitled to prisoner-of-war status under the Geneva Conventions [ICRC backgrounder]. Despite a 2004 US Supreme Court ruling recognizing that US citizen held as "enemy combatants" have the right to challenge their detention through counsel, he has had no access to a lawyer and has not been charged. It is unclear whether the suspect will be prosecuted under Iraq's new legal system or whether he will be turned over to the US Justice Department. American citizens previously designated "enemy combatants" have included Yaser Hamdi [JURIST news archive], since deported to Saudi Arabia, and Jose Padilla [JURIST news archive]. Friday's Los Angeles Times has more.






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Rhode Island may amend smoking ban after unconstitutionality ruling
Jeannie Shawl on April 1, 2005 1:53 PM ET

[JURIST] Lawmakers in Rhode Island [JURIST news archive] have said that they will consider amending the statewide smoking ban that took effect last month [JURIST report] in light of a Newport Superior Court judge's Thursday ruling that certain exemptions in the law were irrational, and therefore unconstitutional. The Public Health and Workplace Safety Act [text] includes temporary exemptions for certain establishments, including private clubs and small bars that don't prepare their own food, with only ten or fewer employees. Judge Stephen Fortunato found those provisions unconstitutional but let stand exemptions for Rhode Island's gambling facilities. Reacting to the decision, state lawmakers said that they might be willing to reconsider the exemptions, which were initially included to help ensure the bill's passage. AP has more.






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DeLay slammed for threatening judiciary after Schiavo death
Alexandria Samuel on April 1, 2005 12:17 PM ET

[JURIST] New Jersey Democratic Senator Frank R. Lautenberg took House Republican leader Tom DeLay to task Friday for making anti-judicial remarks in the aftermath of Terri Schiavo's death that appeared to threaten some kind of recrimination. Clearly angered by the event and by the inaction of what he called in a news conference "an arrogant, out of control, unaccountable judiciary", Delay had released a statement [official text] that read, in part:

Mrs. Schiavo’s death is a moral poverty and a legal tragedy. This loss happened because our legal system did not protect the people who need protection most, and that will change. The time will come for the men responsible for this to answer for their behavior, but not today.
The US Supreme Court, a federal appeals court and a federal district court had all refused to intervene in the Schiavo case even after Congress had passed special legislation giving federal courts jurisdiction to review the case de novo. In his letter to DeLay, Lautenberg took exception to the comments and suggested that the Majority Leader might have broken the law by threatening federal judges, raising a sensitive issue only a few weeks after a federal judge's relatives were murdered in Chicago and a Georgia state judge was shot in an Atlanta courthouse.





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International brief ~ Zimbabwe elections said to fall short of standards
D. Wes Rist on April 1, 2005 12:15 PM ET

[JURIST] In Friday's international brief, reports filtering out of Zimbabwe [government website] following Thursday's national elections indicate that the vote is being heavily criticized. Foreign media have been continually denied access to the country, and domestic media are required to operate under tight governmental control. Opposition leader Morgan Tsvangirai [party profile], president of the Movement for Democratic Change [official website], has alleged that massive fraud had been committed by the government to ensure ruling party Zanu PF [official website] candidates were elected. President Robert Mugabe, head of hte Zanu PF party, has dismissed the allegations as 'ridiculous'. The US, UK, and Germany have all called the election process 'flawed', and have been joined by many international observer and human rights groups in calling on Zimbabwe to open its election process to more complete international scrutiny. South African election observers in Zimbabwe said that the entire process, while relatively peaceful, was carefully manipulated to such an extent that it could not be considered a 'free and fair election.' MDC has an election results section on their website. The Zimbabwe Election Support Networka collection of domestic NGOs and human rights groups, has an election resource page. JURIST's Paper Chase has continuing coverage of Zimbabwe. Zim Online has an updating elections results page. South Africa's News 24 has local coverge.

In other international legal news ...

  • South Korea [government website] announced Thursday that it would block any attempt by Japan to become a permanent member of the UN Security Council as has been suggested in the recent reform proposals [JURIST report] for the United Nations. South Korea's Ambassador to the United Nations Kim Sam-hoon said that Japan had not done as much as Germany to atone for its World War II crimes, and was not worthy of a permanent seat on the Council. South Korea announced its intent to hold an unofficial meeting in May with other UN member-states to find ways to block Japan's resolution to become a permanent member, currently scheduled for submission in June. Read the official South Korea press release. Chosun Ilbo has local coverage.

  • The Royal Commission for Corruption Control in Nepal [government website] arrested three government officials Thursday on charges of receiving bribes and obtaining property in an illegal manner while in public office. The Commission, created by the Royal government [JURIST report, second story] following the February 1 state of emergency declaration, has the power to investigate, charge, and try any government officials it finds engaging in corruption in office. The Commission also questioned several dozen other members of of various government agencies in its ongoing investigations. JURIST's Paper Chase has continuing coverage of Nepal. Kantipur Online has local coverage.

  • Czech Prime Minister Stanislav Gross [official profile] survived a vote of no-confidence Friday in the Chamber of Deputies [government website] that would have required new national elections for Prime Minister. The vote was initiated by the Christian-Democrats party [official website] of the Czech Republic, which was upset about details released concerning Gross' financial affairs. Reports indicated that Gross accepted financial incentives from his family to pass favorable business laws, and that Gross was financially involved in a brothel run by his wife's business partner. Gross avoided being removed mainly because the Unreformed Communist Party [official website in Czech] refused to vote against him. The Prague Post has local coverage of the allegations leading to the no-confidence vote. BBC News has more.





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Nepalese king eases house arrests, releases more political prisoners
Alexandria Samuel on April 1, 2005 11:41 AM ET

[JURIST] Nepalese King Gyanendra [official profile] Friday lifted the house arrest of Nepali Congress [political party website] Girija Prasad Koirala and freed nearly 257 other people detained after he declared a state of emergency in February [JURIST report]. Three weeks ago King Gyanendra lifted similar house arrest restrictions placed on former prime minister Sher Bahadur Deuba [biography]. Since disbanding the country's government, King Gyanendra has ordered top political leaders to be kept under house arrest, and supporters and activists jailed. Some suspect that Gyanendra's recent decisions to release some prisoners and ease restrictions have been prompted by Britain and India's decisions to cut aid, and similar threats by the United States and other countries. AP has more.






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Spanish authorities arrest 12 more Madrid train bombing suspects
Alexandria Samuel on April 1, 2005 11:14 AM ET

[JURIST] TSpain's Interior Ministry [official website in Spanish] announced Friday that 12 more people have been arrested for their alleged involvement in the preparations of the March 11, 2004 Madrid train bombings [JURIST news archive] that killed 191 people and wounded over 1500 others. Four of the suspects are Moroccan nationals, and brothers of the al-Qaida figure who claimed responsibility for the attacks, Youssef Belhadj. Belhadj was extradited from Belgium to Spain on Friday. From Madrid, El Mundo has local coverage in Spanish. AP has more.






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Sudan unhappy with UN ICC resolution
D. Wes Rist on April 1, 2005 11:02 AM ET

[JURIST] Sudan [government website] Friday announced its displeasure with UN Security Council Resolution 1593 [official text] adopted late Thursday evening [JURIST report] that authorized the International Criminal Court [official website] to investigate and prosecute war crimes violations in Sudan. Sudan Foreign Affairs Minister Najeeb al-Kheir Abdul Wahab called the resolution "unfair, ill-advised and narrow-minded" and said it would frustrate Sudan's attempt to provide reconciliatory rather than retributive justice. Wahab refused to comment on whether Sudan would comply with the resolution, stating that Sudan would study the resolution and take "appropriate action." Both of the major rebel groups in the Darfur region have already announced their willingness to accept the jurisdiction of the court and submit any of their members that are charged with war crimes. JURIST's Paper Chase has continuing coverage of Sudan. Read the official ICC press release on the Sudan referral. The Sudan Tribune has local coverage.

1:45 PM ET - ICC prosecutors began gathering evidence Friday on war crimes in Darfur and over 20 investigators will soon fly to Sudan to prepare charges against alleged perpetrators of human rights violations. ICC Chief Prosecutor Luis Moreno-Ocampo has asked UN High Commissioner for Human Rights Louise Arbour to turn over the potential evidence collected by the International Commission of Inquiry on Darfur [Commission report, PDF] while assessing the situation in Darfur. Moreno-Ocampo must decide whether the Darfur case meets the court's jurisdictional requirements before launching a formal investigation. AP has more.






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Army captain discharged after Iraqi 'mercy killing' conviction
Bernard Hibbitts on April 1, 2005 10:08 AM ET

[JURIST] A US military court in Germany Friday sentenced US Army Captain Rogelio "Roger" Maynulet [advocacy petition website] to be discharged from the Army after he was found guilty Thursday [JURIST report] of assault with intent to commit voluntary manslaughter. He will not serve any jail time. Maynulet had been charged in connection with the shooting of a Iraqi truck driver wounded by US fire; Maynulet claimed at trial that the action was a "mercy killing" as the Iraqi had been severely wounded. Prosecutors had pressed the court for a three-year prison term to set an example, with one telling the court "What kind of institution does the U.S. Army become if assault with the intent to commit voluntary manslaughter is an honorable act?" AP has more.






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Massachusetts House passes veto-proof stem cell research bill
Bernard Hibbitts on April 1, 2005 9:19 AM ET

[JURIST] The Massachusetts House of Representatives Thursday passed a stem cell research bill 117-37, such a wide margin that it cannot be vetoed by Republican Governor Mitt Romney. The controversial legislation authorizes reproduction of embryonic stem cells, which Romney had publicly condemned as "radical cloning" [Boston Globe report]. The bill had previously passed the state Senate by a wide margin [JURIST report]. Debate over the proposed law had pitted Romney against stem cell research advocacy arounds, including Harvard University [Harvard Stem Cell Institute video] and other leading medical research centers in the state, most of which see stem cell research as offering opportunities for major advances in the treatment of Parkinson's Disease, Altzeimer's Disease, and other intractable illnesses. AP has more. The full text of the legislation as approved by the House is not yet available online.






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Legal agenda and live webcasts ~ Friday, April 1
Chris Buell on April 1, 2005 12:01 AM ET

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Friday, April 1.

The US Senate and US House [official websites] are in recess until April 4.

The American Society of International Law is presenting a speech by US Supreme Court Justice Ruth Bader Ginsburg [Oyez profile] on the use of a comparative approach in constitutional adjudication. Watch a live webcast of the address at 4:30 PM ET via C-SPAN.

The Heritage Foundation is holding a forum titled "End of the Euro-China Honeymoon? Why Europe Is Rethinking the Arms Embargo," at 10 AM ET. Watch a live webcast of the event.

At the UN, an ad hoc committee established by the General Assembly is scheduled to adopt a draft international convention to suppress acts of nuclear terrorism, and Secretary-General Kofi Annan is expected to give an address. Watch a live webcast at 11 AM ET. Also today, Human Rights Committee Chair Christine Chanet will give a brief on the Committee's 83rd session. Watch a live webcast at 11:15 AM ET.

At the International Criminal Tribunal for the Former Yugoslavia, the trial of Fatmir Limaj and others [ICTY case backgrounder] continues today at 9:30 PM local time [3:30 AM ET]. Also today, Ljube Boskoski [initial indictment] will make an initial appearance before the tribunal at 2:45 PM local time [8:45 AM ET]. Watch a webcast of proceedings.






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