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Legal news from Wednesday, June 27, 2012 |
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Chicago votes to decriminalize marijuana
Rebecca DiLeonardo on June 27, 2012 3:38 PM ET

[JURIST] The Chicago City Council [official website] on Wednesday voted to decriminalize [press release; materials] the possession of small amounts of marijuana. Under the new ordinance, police officers may issue tickets to individuals found to be in possession of 10 grams of marijuana or less. Chicago Mayor Rahm Emanuel [official website] earlier this month expressed his support [press release] for the ordinance, which he said would allow "ultimately [free] up police officers for the street." Emanuel said he spoke with police authorities before endorsing the ordinance. The new law will take effect 30 days from its passage, and supporters say it will raise revenue for the city [Reuters report] as well as allow police more freedom to pursue violent criminals.
Marijuana use has created legal controversy in the US in recent years. In May, the Connecticut Senate passed a bill [JURIST report] allowing citizens to obtain marijuana for medical use under certain conditions, making Connecticut the seventeenth state to allow sale of marijuana for medical use. Other states that have passed similar laws have run into trouble with conflicting federal laws regulating the production and sale of marijuana. In March, a federal court dismissed a suit [JURIST report] challenging US attorneys' authority to prosecute medical marijuana providers in California, saying the federal attorneys do have this authority. In January, the US District Court for the District of Montana ruled [JURIST report] that the state's laws allowing the sale of medical marijuana did not protect dispensers from federal prosecution. Connecticut has nevertheless been taking steps toward legalization of marijuana. Last year, the state passed a law [JURIST report] decriminalizing possession of small amounts of marijuana.


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Pakistan high court orders new PM to reopen investigation of president
Sung Un Kim on June 27, 2012 2:40 PM ET

[JURIST] The Supreme Court of Pakistan [official website] on Wednesday ordered the country's new prime minister to reopen the investigation against President Asif Ali Zardari [official website]. With the order, the court gave [WP report] Raja Pervez Ashraf, the new prime minister and former federal energy chief, until July 12 to respond to the order. Ashraf and his predecessor, Yousuf Raza Gilani [BBC profile; JURIST news archive] have argued that the president is immune from prosecution under the country's constitution. The court, however, claimed that no one is above the law and thus, the investigation against the president should proceed. The court on Wednesday also ordered the president to disassociate himself from any political activities and warned him that he could face contempt of court charges if he fails to follow the court's directives.
The country's judiciary has been in conflict with the executive branch since political leaders have rejected the court's order to investigate into the president's alleged corruption practices. Last week, a Pakistani court ordered [JURIST report] the arrest of Makhdoom Shahabuddin [BBC profile], a former health minister from Punjab Province and the nominee for the country's then-vacant prime minister position for allegations that he was involved in irregularities in the amount of the controlled drug Ephedrine circulating within the country during his tenure as health minister. The arrest order was issued the same day the president nominated Shahabuddin to fill the position of former prime minister Gilani who was disqualified two days earlier from being a member of Parliament since his April contempt conviction [JURIST reports]. He was convicted of contempt because he refused to open an investigation against the president.


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Federal judge refuses to block Florida voter purging
Rebecca DiLeonardo on June 27, 2012 2:36 PM ET

[JURIST] A judge for the US District Court for the Northern District of Florida [official website] on Wednesday denied a request by the US Department of Justice (DOJ) [official website] to issue a temporary injunction barring Florida from continuing the practice of purging its voter rolls. The DOJ alleges that Florida's policy violates the Voting Rights Act (VRA) [text] as well as the National Voter Registration Act [text], which requires all voter roll maintenance to cease 90 days before the primary election, meaning all purging in Florida should have stopped by May 16. In his decision, Judge Robert Hinkle said that the law was put in place to prevent the removal of lawful voters, and that it does not bar the state of Florida from removing individuals who do not have a right to vote in the US. The American Civil Liberties Union of Florida (ACLU-FL) [advocacy website] has previously alleged that the purging of voter rolls discriminates against racial minorities, and that in practice, citizens are frequently forced to re-verify their citizenship or lose their right to vote. Florida Governor Rick Scott [official website] praised the decision [press release], saying that halting the purging process would result in "irreparable harm."
Florida also faces challenges to its purging policy from the ACLU-FL and a coalition of rights groups [JURIST reports] on behalf of several Florida citizens. The purging of voter rolls in Florida has created a national controversy in recent weeks. Earlier this month, amidst calls to end its purging practices, Florida filed suit [JURIST report] seeking access to a federal database that will help it verify the citizenship of registered voters. Earlier in June, a spokesperson for Scott said that the state would continue to search for ineligible voters [Huffington Post report], even after receiving a letter from the DOJ ordering them to stop the practice [JURIST report]. Also this month, federal judge blocked [JURIST report] part of Florida's new election law that required any group that conducts a voter registration drive to turn in registration forms within 48 hours of collecting them or else face a $1,000 per day fine. Last October, the state submitted a request [JURIST report] to a federal court challenging the VRA.


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Accused 9/11 conspirator asks UN to investigate torture allegations
Rebecca DiLeonardo on June 27, 2012 2:02 PM ET

[JURIST] Lawyers for alleged 9/11 conspirator and Guantanamo Bay [JURIST backgrounder] detainee Khalid Sheikh Mohammed [BBC profile; JURIST news archive] on Tuesday revealed [press release] that they have asked a UN official to investigate allegations of torture. Mohammed reportedly confessed to planning the 2001 attacks after over seven days of sleep deprivation [AFP report]. The letter asks UN Special Rapporteur on Torture Juan Mendez [official website] to conduct an investigation into the conduct of officials from the US and any other complicit government:The U.S. has demonstrated to the World that it can act with impunity outside her borders, and has sanctioned torture practices for States that will define this century. For the current generation of "those outside her borders," America's beacon is now Guantanamo—not the shining torch on the hill, but a siren of detention and despair. The U.S. Government seeks to close this painful and dark chapter in our Nation's history by killing Mr. Mohammad after a show trial. There is a better way. This can end in hope—hope for torture victims around the world that even powerful States like the U.S. can be held accountable for torture. We hope that this Letter of Allegation against the U.S. and any other alleged, undisclosed potentially-complicit State Party will initiate a full, fair, and impartial inquiry. The letter was sent to Mendez on May 5, a day before Mohammed was arraigned [JURIST report] before a military tribunal. The defense team apparently chose to release the letter in honor of the International Day in Support of Victims of Torture, which commemorates the anniversary of the UN Convention Against Torture [text].
Mohammed faces charges of of conspiracy, murder in violation of the law of war, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, hijacking aircraft and terrorism. He could face the death penalty if convicted. The US Department of Defense (DOD) referred charges [JURIST report] to a military commission in April against Mohammed and four other alleged conspirators, drawing criticism from groups like the American Civil Liberties Union, which said the trials should take place in federal court. The DOD announced in May that it had sworn charges against the five men [JURIST report] for the 9/11 attacks. Last April, US Attorney General Eric Holder announced the five defendants would be tried by a military commission [JURIST report] after the Obama administration abandoned attempts to have the 9/11 suspects tried in civilian courts. Holder had wanted the accused be tried before a federal civilian court but referred the cases to the DOD after Congress imposed a series of restrictions [JURIST report] barring the transfer of Guantanamo detainees to the US.


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Ethiopia court convicts 24 individuals under anti-terrorism law
Sung Un Kim on June 27, 2012 12:44 PM ET

[JURIST] The Ethiopian Federal High Court [official website, in Amharic] convicted 24 journalists, political opposition leaders and others under the country's Anti-Terrorism Proclamation of 2009 [text], Human Rights Watch [advocacy website] reported [press release] on Wednesday. The human rights group urged the country to drop all politically motivated charges against the convicted. Eskinder Nega, April's winner [press release] of the press freedom award from PEN America [advocacy website], was found guilty for his alleged link with US-based opposition group Ginbot Seven [advocacy website, in Amharic] which is considered a terrorist group in Ethiopia. He could face a sentence of 15 years in prison or death. The sentences will be announced on July 13. Claire Beston, Ethiopia researcher for Amnesty International [advocacy website], addressed Wednesday's conviction by stating that "[t]his is a dark day for justice in Ethiopia, where freedom of expression is being systematically destroyed by a government targeting any dissenting voice." The other five journalists were convicted in absentia. Politicians are among the convicted, including Andualem Arage Wale and Nathnael Mekonnen Gebre Kidan, members of Unity for Democracy and Justice (UDJ) [party website, in Amharic] as well as Kinfemichael Debebe Bereded, a member of the All Ethiopian Democratic Party (AEDP) [Facebook page] who were found guilty of conspiracy to commit terrorist acts, participation in a terrorist organization and treason.
Ethiopia has faced consistent criticism since it passed [JURIST report] the anti-terrorism law in 2009. In January, the Ethiopian court convicted [JURIST report] three journalists, a political opposition leader and a politician's assistant for conspiring to commit acts of terrorism in violation of the controversial law. Human rights groups such as HRW have criticized the conviction and called the government to drop all charges. In December HRW stated [JURIST report] that the controversial law is "fundamentally flawed and being used to repress legitimate reporting." The statement came after two Swedish journalists were convicted [Bloomberg report] of supporting terrorism.


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ACLU launches 'torture database' to search detention, interrogation documents
Rebecca DiLeonardo on June 27, 2012 12:28 PM ET

[JURIST] The American Civil Liberties Union (ACLU) [advocacy website] on Tuesday announced the launching of its Torture Database [materials; press release], a collection of more than 100,000 Bush-era documents recording "rendition, detention, and interrogation policies and practices." The database was launched in recognition of the 25th anniversary of the UN Convention Against Torture [text], which the UN has designated as the International Day in Support of Victims of Torture. In a statement [text], the ACLU noted the importance of the Convention and the database in US policy:Ten years ago, our government violated both the Convention and our domestic laws when it made torture and abuse of U.S. prisoners abroad a prevalent American practice. ... Today is International Day in Support of Victims of Torture, which commemorates the anniversary of the day, twenty-five years ago, that the Convention Against Torture became a binding legal obligation for the countries that had ratified it. On this day, we call upon the government to end this disgraceful state of affairs. To enhance public access and ensure public memory, the ACLU is also launching the ACLU Torture Database, a searchable compilation of government records documenting America's experiment with torture. The database is composed of documents that the ACLU has obtained largely through the Freedom of Information Act (FOIA) [text]. The ACLU called on the federal government to end practices considered torture under the convention and to issue an official apology to victims.
The US has been criticized recently for its treatment of detainees. In March, the ACLU filed a petition against the US with the Inter-American Commission on Human Rights (IACHR) [official website] on behalf of three Afghans and three Iraqis who were allegedly tortured while being detained by the American military [JURIST report] in Afghanistan and Iraq. The Open Society Institute of New York in March reported that the US has sent at least 11 detainees [JURIST report] to a facility in Afghanistan that has been shown to torture prisoners. Earlier that month, the UN Special Rapporteur on torture Juan Mendez formally accused the US government [JURIST report] of cruel, inhuman and degrading treatment toward Pfc. Bradly Manning [JURIST news archive], the US soldier held in solitary confinement for nearly a year based on his alleged involvement in WikiLeaks. A federal court in December dismissed a lawsuit [JURIST report] by a former Guantanamo Bay [JURIST news archive] detainee alleging that he was subjected to torture, concluding that it did not have the power to review the interrogation practices.


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Rwanda assisting armed forces in DRC: report
Sung Un Kim on June 27, 2012 12:02 PM ET

[JURIST] The Rwandan government has helped to create armed groups including M23, which has been conducting a mutiny in North Kivu Province under the leadership of a particularly notorious group of human rights violators, and supplied them with weapons, armor and recruits including children, the Foreign Policy [Foreign Policy report] magazine reported on Tuesday. According to a leaked UN report that is yet to be released, Rwanda has provided material and financial support to armed groups operating in the Democratic Republic of the Congo (DRC) [BBC backgrounder; JURIST news archive]. The report was based on investigations since late 2011 that revealed substantial evidence of the alleged assistance by the Rwandan government including the systematic military and political support to M23. Rwanda's Minister of Foreign Affairs and Cooperation Louise Mushikiwabo on Monday rejected the allegations and stated that the Rwandan government has urged the armed groups to cease their violence against civilians rather than supported them. On Wednesday, Mushikiwabo also expressed her disappointment [allAfrica report] over the letter that the DRC sent to the UN Security Council [official website] last week accusing [The Africa Report] the Rwandan government of involvement in the mutiny in the eastern part of the country.
Earlier this month, Rwanda was urged to stop [JURIST report] assisting accused DRC war criminal, General Bosco Ntaganda [case materials], who is wanted by the International Criminal Court (ICC) [official website]. In 2010, a UN report claimed [JURIST report] that troops from Rwanda had committed crimes in the DRC that could amount to genocide. The unrest in the eastern part of the DRC has been the focus of the international community. Last week, UN High Commissioner for Human Rights Navi Pillay [official profile] expressed concern [press release; JURIST report] about the safety of the civilians in the region. Last month, former ICC prosecutor Luis Moreno-Ocampo [official website] sought [JURIST report] the immediate arrest of Ntaganda along with Sylvestre Mudacumura [ICC fact sheet, PDF], a foreign militia leader in the DRC.


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HRW calls on Bulgaria to denounce anti-gay violence
Rebecca DiLeonardo on June 27, 2012 11:41 AM ET

[JURIST] Human Rights Watch (HRW) [advocacy website] on Tuesday sent a letter [text; press release] to Bulgarian Justice Minister Diana Kovacheva urging her to denounce calls to violence by anti-gay groups in anticipation of a lesbian, gay, bisexual and transgender (LGBT) pride parade in Sofia, Bulgaria, on June 30. HRW noted that religious leaders have called for violence and even stoning of individuals who participate in the parade. In the letter, HRW urged Kovacheva to protect LGBT individuals in Bulgaria from violence and incitements to violence that put pride parade participants in serious danger:I urge you to publicly denounce the statements inciting hatred and violence against LGBT people. ... The call to stone gay people is incitement to hatred and violence, and it should be condemned by you in the clearest terms and in the most public way possible. ... Bulgaria, as a member state of the Council of Europe, is subject to [the] recommendation of the Committee of Ministers of the Council of Europe to member states to combat discrimination on grounds of sexual orientation or gender identity. ... There is no doubt that [the] call for stoning LGBT people falls under the category of hate speech that Council of Europe member states want to prohibit. HRW further urged the government to investigate public calls to violence by individuals, suggesting this may be a violation of Bulgarian law.
Sexual orientation and LGBT rights are contentious issues in societies worldwide. Ugandan Minister of State for Ethics and Integrity Simon Lokodo said last week that the government was not discriminating based on sexual orientation [JURIST report]. The statement came days after the government had announced that it would ban at least 38 non-governmental organizations that are accused of recruiting children to homosexuality [JURIST report]. Earlier this month, a prominent Russian gay rights activist filed a complaint [JURIST report] with the European Court of Human Rights (ECHR) challenging a St. Petersburg city ordinance that prohibits the spreading "homosexual propaganda" to minors. Also this month, the ECHR ruled that a Moldova law banning gay groups from protesting in front of the country's parliament violated citizens' rights [JURIST report] to peacefully assemble and to be free from discrimination. Last month, the National Coalition of Anti-Violence Programs (NCAVP) released a report [JURIST report] concluding that in the US, incidents of hate-based murders against LGBT individuals increased in 2011.


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UN commission: Syria forces may have been responsible for Houla deaths
Rebecca DiLeonardo on June 27, 2012 10:34 AM ET

[JURIST] A UN independent commission on Wednesday told the UN Human Rights Council [official website] that government forces in Syria "may have been responsible" for the deaths of more than 100 civilians, including women and children, in Al-Houla, Syria last month. In a report [text, PDF] presented to the 20th Session [materials] of the council in Geneva, the panel of experts said that many victims were shot at close range in their homes. The commission noted, however, that it was not allowed to enter the country to conduct its investigation, and witness interviews were conducted over the phone or Internet. It concluded that the government maintained superior position during the majority of the conflict and possessed superior weapons. The commission also expressed doubt as to the findings of the independent investigation ordered by the Syrian government, noting inconsistencies with its own findings. Ultimately, the commission said it was "unable to determine the identity of the perpetrators at this time," saying it required access to the country in order to conduct a thorough investigation.
Syrian President Bashar al-Assad claimed last month that his government had nothing to do with the Houla massacre [JURIST report] and that "not even monsters" would carry out the attacks. Last month, UN human rights experts reported that both the Syrian government and anti-government groups were responsible for killings and other human rights abuses [JURIST report] in the conflict, even against children as young as 10 years old. Human rights advocates have continued to call on Syria to end violence against civilians. The UN Security Council in April approved implementation of a peace plan [JURIST report], which, in the wake of the Houla massacre, seems unlikely to succeed. In April, Human Rights Watch released a report [JURIST report] alleging that the Syrian government was responsible for killing more than 100 civilians. Also in April, the UN Secretary-General Ban Ki-moon condemned Syria [JURIST report] for attacks on civilians. The UN Commissioner for Human Rights Navi Pillay in February also demanded a cease-fire [JURIST report] during an emergency Human Rights Council session. Syria's UN ambassador walked out of the session following Pillay's speech, calling the session illegitimate.


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Apple wins preliminary injunction against Samsung tablet
Sung Un Kim on June 27, 2012 10:10 AM ET

[JURIST] A federal judge on Tuesday granted a request by Apple to issue an injunction against Samsung Electronics [corporate websites] blocking the sale of the Galaxy 10.1 tablet computer while the patent infringement case is reviewed. Judge Lucy Koh for the US District Court for the Northern District of California [official website] stated that Apple has a strong case on merits against Samsung and is most likely to prevail. Apple had alleged that Samsung illegally copied the design of its iPad and had requested a preliminary injunction. Koh agreed with Apple by stating that although competition by itself is not prohibited, unfair competition is not allowed. With the preliminary injunction, the judge ordered Apple to post a $2.6 million bond for the possibility that it does not prevail and the injunction is deemed to be wrongly issued. Tuesday's decision came after the US Court of Appeals for the Federal Circuit (CAFC) [official website] last Tuesday rejected [Bloomberg report; CAFC notice] Samsung's appeal of the decision [opinion, PDF] that remanded the case to the district court giving Apple another opportunity to ban Samsung's Galaxy products in the states.
Earlier this month, Koh had rejected [JURIST report] a request by Apple for a preliminary injunction against four Samsung products including the Galaxy Tab 10.1. She had reasoned that the district court does not have jurisdiction over the case until the CAFC decides on Samsung's appeal. In May, the CAFC partially reversed [JURIST report] the district court's refusal to grant a temporary injunction for Apple against Samsung. Apple's request for a temporary injunction was denied [JURIST report] by the district court in December. Apple filed a suit [JURIST report] against Samsung in April of last year alleging that Samsung committed ten patent infringements, two trademark violations and two trade dress violations by copying iPhone and iPad technology in making its "Galaxy" products. Apple and Samsung are in constant dispute over patent infringement not only in the states. Last week, the District Court of The Hague ruled [judgment, in Dutch; JURIST report] in favor of Samsung against Apple by holding the company liable for infringing upon one of the Korean company's four patents, a 3G patent [EP1188269, text].


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Europe rights court strikes down Germany hunting law
Rebecca DiLeonardo on June 27, 2012 9:38 AM ET

[JURIST] The European Court of Human Rights [official website] ruled [judgment; press release, PDF] Tuesday that a German law requiring landowners to allow hunting on their property is a violation of the European Convention on Human Rights [text]. The case was brought by Guenter Herrmann, who is morally opposed to hunting. He argued that the law intruded on his quiet enjoyment of his property. In its decision, the court found that Germany's program allowing landowners to collect royalties from hunters on request was inadequate to address the concerns of individuals who object to the sport. The court noted that it has invalidated similar laws in France and Luxembourg. Germany was ordered to pay Herrmann 5,000 euros in damages and 3,862 euros in costs. The decision of the court is final.
Hunting is a contentious issue in Europe. In 2009, the Swedish Sami Association (SSR) brought a lawsuit against the Swedish government [JURIST report] claiming that the state is violating the hunting rights of the indigenous Sami people by allowing all European Union (EU) citizens to hunt in a disputed mountainous region in northern Sweden. In 2005, British fox-hunters clashed with authorities [JURIST report] and advocates against animal cruelty on the first day of a ban on hunting with dogs. In 2004, a British hunting organization said it would file suit [JURIST report] to stop the ban from taking effect, and if they failed, they would seek an injunction to delay its enactment in February. The British government said it would not oppose the injunction.


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New York court rules New York City can end housing subsidies
Saheli Chakrabarty on June 27, 2012 8:58 AM ET

[JURIST] The New York State Court of Appeals [official website] ruled [opinion, PDF] on Tuesday that New York City is not contractually obligated to carry on with the current rent subsidy program available for the formerly homeless. The Legal Aid Society [advocacy website] sued the city [Reuters report] on behalf of tenants, after the city terminated the Advantage program, which provided rent subsidies of up to $1,000 per month. In a divided 4-3 decision, the court stated:The courts are not empowered to second-guess the City by conjuring up a "contract" from bits and pieces of documents meant to explain and condition participation in what was a voluntary government program. Indeed, doing so can only discourage governmental bodies from enacting voluntary programs to help the needy; they will fear being compelled by judges to continue such programs even if sources of funding are reduced or withdrawn. However much our sympathies may lie with plaintiffs, the fact remains that the courts below found, with record support, that the City made no contractual commitment to continue the Advantage program through expiration of plaintiffs' leases. Roughly 15,000 people were affected by the Advantage program's termination.
Providing the homeless with suitable housing options has been a long-standing issue in New York City. In September 2008, New York City Mayor Michael Bloomberg [official profile] reached [JURIST report] a settlement [press release] in a lawsuit over homeless families' rights to use shelters throughout the city. The lawsuit, McCain v. Koch [NYT report], was initially filed in 1983 by the Legal Aid Society. As that lawsuit progressed through the court system other complaints were filed, prompting the city to declare a right to shelter [Coalition for the Homeless report, PDF] which was enforced through the court system. The new agreement announced was supported by many rights groups, including the Coalition for the Homeless [official website], and allowed for the City to resume complete control in setting its policy for dealing with an estimated 9,000 homeless families, which included 14,000 children.


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Research firm executive pleads guilty to insider trading in Galleon probe
Saheli Chakrabarty on June 27, 2012 8:04 AM ET

[JURIST] Investment research firm executive Tai Nguyen pleaded guilty [press release] to insider trading charges in connection with the investigation into Raj Rajaratnam's [JURIST news archive] Galleon fund. Nguyen, an executive of the research firm Insight Research LLC, surrendered to the FBI [Reuters report] Tuesday morning in compliance with the authorities' investigation of Galleon. Rajaratnam was convicted of 14 counts of insider trading [JURIST report] in May 2011 in the largest hedge fund insider trading case in US history.
Earlier this month, former Goldman Sachs [corporate website] director Rajat Gupta was convicted [JURIST report] of three counts of securities fraud and one count of conspiracy to commit securities fraud, also in connection with Rajaratnam. Several other defendants have pleaded guilty in connection with the case. Former hedge fund consultant Danielle Chiesi pleaded guilty [JURIST report] in January. Former IBM senior vice president Robert Moffat was sentenced to six months in prison in September and ordered him to pay a $50,000 fine for his role in the scheme after pleading guilty [JURIST reports] in March 2010. Former Intel Capital executive Rajiv Goel pleaded guilty [JURIST report] to insider trading charges in February 2010. Rajaratnam, Chiesi, Goel and Moffat were arrested in October 2009 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 originally pleaded not guilty [JURIST report] in December 2009 after being indicted for insider trading.


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