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Legal news from Tuesday, August 28, 2007 |
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Pentagon auditors investigating alleged Iraq contract fraud
Mike Rosen-Molina on August 28, 2007 7:13 PM ET

[JURIST] The US Department of Defense [official website] will send an investigative team headed by Pentagon Inspector General Claude M. Kicklighter [official website] to Iraq to probe allegations of fraud and corruption related to military contracts, a DOD spokesman said Tuesday. The team will concentrate on incongruities concerning weapons and supplies bought by the US and intended for the use of Iraqi forces. As of last week, 73 criminal investigations were underway into contracts valued at more than $5 billion, Army spokesman Col. Dan Baggio said Monday; 20 military and civilian figures, including an officer who worked closely with Gen. David Petraeus [official profile], have already been indicted. The New York Times reported Tuesday that multiple federal agencies, including the Department of Justice and the Federal Bureau of Investigation, are conducting their own investigations into the matter. AP has more.
These are not the first allegations of contract fraud connected with the Iraq reconstruction. In July, federal authorities arrested and charged [press release; JURIST report] a former school teacher for accepting kickbacks from contractors attempting to obtain military contracts in Iraq. Carolyn Blake was alleged to have been involved in a scheme with her brother, Major John L. Cockerham, and his wife, Melissa Cockerham, in which she received $3.1 million from contractors in 2004 and 2005. According to US Special Inspector General for Iraq Reconstruction [official website] Stuart W. Bowen Jr., the Cockerham scheme was the largest case of bribery connected with the Iraq reconstruction effort at the time. The Cockerhams were arrested and charged with money laundering, bribery and conspiracy [DOJ press release] for receiving up to $9.6 million in kickbacks. In June, former US Army Reserve Lt. Col. Bruce D. Hopfengardner was sentenced to 21 months [JURIST report] in prison for taking bribes and defrauding the Coalition Provisional Authority [official website] in Iraq.


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Russia says UK not providing enough evidence to prosecute Lugovoy
Mike Rosen-Molina on August 28, 2007 6:54 PM ET

[JURIST] Russia has not yet received any evidence from Britain with which to prosecute Andrei Lugovoy [BBC profile; JURIST news archive], the primary suspect in the November 2006 murder of British citizen and former Russian intelligence officer Alexander Litvinenko [BBC profile; JURIST news archive], the chief of the investigating committee at the General Prosecutor's Office said Tuesday. In an interview scheduled to be published Wednesday, Alexander Bastrykin told government daily Rossiskaya Gazeta [media website, in Russian] that his office had only received documents riddled with contradictions and omissions. The UK Crown Prosecution Service declined to comment on Bastrykin's remarks. Russia has said it will not send Lugovoy back for trial to the UK, where he has been charged with Litvinenko's murder [JURIST report]. Russian officials say the Russian constitution prohibits the extradition of citizens for criminal trials in other countries, although they have offered to prosecute Lugovoi in Russia if presented with sufficient evidence.
Litvinenko and Lugovoy, both former employees of the Federal Security Service of the Russian Federation (FSB) [official website], met in London on November 1, 2006, hours before Litvinenko fell ill to radioactive poisoning from polonium-210 [CDC backgrounder]. RIA Novosti has more.


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Gul elected Turkish president as military warns against undermining constitution
Jeannie Shawl on August 28, 2007 3:55 PM ET

[JURIST] Abdullah Gul [BBC profile] was sworn in as Turkey's new president Tuesday after winning a majority of votes in the Turkish parliament's third round of voting on his candidacy. Gul, supported by the Islamist-leaning Justice and Development Party (AKP) [party website, in Turkish] who had been serving as Turkey's foreign minster, pledged to uphold Turkey's secularist traditions. The Turkish army [official website], which has ousted four presidents in four decades and regards itself as the guardian of the secular Turkish constitution [text], warned Monday that "centers of evil" were trying to undermine the constitution. Earlier votes in parliament, which elects the president, failed to elect Gul by the required two-thirds majority. Gul only needed a simple majority in the third round of voting, and received backing from 339 of 550 parliamentarians. BBC News has more.
Gul's original candidacy in April caused controversy when he ran as the sole contender for the Turkish presidency [BBC Q&A]. The Turkish Constitutional Court voided [JURIST report] the April parliamentary vote in support of Gul because a quorum of legislators did not participate, prompting calls for constitutional reform [JURIST report]. Turkish Prime Minister Recep Tayyip Erdogan [official website] accused the court of hurting democracy in its decision and said he would support dissolving parliament and holding an early parliamentary election to ensure that Turkey's leaders were chosen by the people rather than the courts. About one million protesters marched [JURIST report] in the streets of Istanbul to protest Gul and critics accused him of harboring secret plans for Islamist reforms to Turkey's strongly secular state. The army also warned against instituting any Islamist reforms.
After the Constitutional Court voided the April presidential vote, members of parliament pushed through a constitutional amendment [JURIST report] to allow voters to directly elect the president. The bill was vetoed [JURIST report] by current Turkish President Ahmet Necdet Sezer [BBC profile], and then passed by parliament a second time [JURIST report], but that vote was marred by complaints of balloting violations. The AKP then sought to hold a national referendum on the issue; Sezer later blocked the referendum [JURIST reports] from taking place at the same time as parliamentary elections [BBC Q&A] in July. The Constitutional Court has ruled that the referendum may proceed [JURIST report], but since winning re-election, the AKP has not yet scheduled a vote.


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Abu Ghraib officer acquitted of not controlling soldiers, convicted on other charges
Jeannie Shawl on August 28, 2007 3:01 PM ET

[JURIST] US Army Lt. Col. Steven Jordan [CBS profile; JURIST news archive] was acquitted by a military jury Tuesday of failing to control soldiers under his command who abused detainees at Iraq's Abu Ghraib prison [JURIST news archive]. He was convicted, however, of disobeying an order not to discuss the investigation into abuse allegations. Jordan was the second highest intelligence officer at the prison when the abuses took place and is the only commissioned officer to be tried in connection with the prisoner abuse scandal. He faces up to five years in prison.
Prosecutors initially charged [JURIST report] Jordan with seven violations of the Uniform Code of Military Justice [text] including disobeying a superior commissioned officer, dereliction of duty, failure to obey a regulation, false swearing, cruelty and maltreatment, and interfering with an investigation. Two charges were dropped [JURIST report] before his court-martial began last week after after new evidence came to light that Jordan provided statements to an official investigating the Iraqi prison abuse allegations without being properly read his rights, making his statements inadmissible. In his 2004 report [PDF text; JURIST report], Maj. Gen. George R. Fay recommended that Jordan and Col. Thomas Pappas [official profile], Jordan's superior, be punished for their roles in the abuse scandal. Pappas was granted immunity in exchange for his testimony against Jordan. Pappas testified during Jordan's Article 32 hearing [JURIST report] that Jordan was concerned that he did not have the proper training or experience to assume his role running the Joint Interrogation and Debriefing Center [backgrounder] at Abu Ghraib. AP has more.


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Federal appeals court orders re-sentencing of former Wal-Mart exec
Alexis Unkovic on August 28, 2007 2:10 PM ET

[JURIST] The US Court of Appeals for the Eighth Circuit Tuesday ordered [order, PDF] former Wal-Mart [corporate website; JURIST news archive] vice chairman Tom Coughlin to face a new sentencing hearing, holding that his sentence was too lenient and improperly departed from the punishment prescribed by the Federal Sentencing Guidelines [USSC materials]. Coughlin was sentenced to five years probation [JURIST report], including 27 months of house arrest, in August 2006 after pleading guilty to six felony fraud and tax charges [JURIST report] in January 2006 for stealing money, merchandise and gift cards from the store and filing a false tax report. Coughlin was also ordered to pay a $50,000 fine and more than $400,000 in restitution.
Wal-Mart lawyers referred Coughlin to federal prosecutors [JURIST report] after they uncovered $500,000 in losses due to store vouchers that Coughlin used to purchase items and funds he embezzled to pay for the care of his hunting dogs, an upgrade to his truck, and the lease for a private hunting area. AP has more.


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EU fundamental rights agency reports rising discrimination in some EU states
Jaime Jansen on August 28, 2007 11:02 AM ET

[JURIST] The European Union Agency for Fundamental Rights (FRA) [official website; JURIST report] released its first major report [PDF text; press release] on racism and inequality in the European Union [official website] Tuesday, finding ethnic discrimination in employment, housing and education, as well as an increase in racist violence in many member states. Of the 11 reporting member states, racist crimes increased in Denmark, Germany, France, Ireland, Poland, Slovakia, Finland and the United Kingdom in 2005 and 2006. Figures decreased in Austria, the Czech Republic and Sweden. The FRA suggested that member states must do more to fight racism, noting that EU anti-discrimination legislation [EC backgrounder] has helped promote racial equality. The report also indicated that many of the victims of discrimination are unaware of their rights under the law.
While politicians are increasingly aware of inequality, the FRA found that several member states had failed to fully implement EU anti-discrimination legislation by the end of 2006, and that half of EU member states had failed to apply sanctions to violators. The FRA presented its report to the European Parliament Committee on Civil Liberties, Justice and Home Affairs [official website] on Monday. EUobserver.com has more.


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Conrad Black asks federal judge to set aside guilty verdict
Jaime Jansen on August 28, 2007 9:47 AM ET

[JURIST] Canadian-born financier and former media mogul Conrad Black [JURIST news archive] filed a motion Monday requesting either a new trial or acquittal after his conviction [JURIST report] on mail fraud and obstruction of justice charges in July. In the motion, Black's lawyers questioned the credibility of some trial witnesses, including Black's long-time business partner F. David Radler [JURIST report]. Radler pleaded guilty in 2005 to mail fraud and agreed to testify against Black. Black's attorneys also argued that a decision by US District Judge Amy St. Eve [official profile] of the US District Court for the Northern District of Illinois [official website] to deny a defense request to recall Radler on cross-examination was unfair, and that St. Eve's instructions to the jury that Black could be convicted for purposely avoiding knowledge of illegal activity were improper.
Black was accused [indictment, PDF] by the US government of diverting more than $80 million from Hollinger International and its shareholders [JURIST report] during the company's $2.1 billion sale of several hundred Canadian newspapers. He was found not guilty on separate charges of racketeering, wire fraud, and tax evasion. His conviction on the three mail fraud and obstruction of justice counts could lead to a maximum sentence of 35 years in prison and fines of up to $1 million. Former Hollinger executives John Boultbee, Peter Atkinson and Mark Kipnis, also convicted of fraud, filed concurrent motions for new trials or acquittals. AP has more.


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