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Legal news from Friday, November 9, 2012




Washington voters approve same-sex marriage
Dan Taglioli on November 9, 2012 2:09 PM ET

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[JURIST] Opponents of Washington's new law [SB 6239, PDF] legalizing same-sex marriage [JURIST backgrounder] conceded defeat Thursday in their efforts for a referendum veto. Referendum 74 [text] gave Washington voters the choice to accept or reject the state same-sex marriage legislation, which was signed [JURIST report] into law by Governor Christine Gregoire [official website] in February. While the referendum was too close to call [Seattle Times report] for most of the week, the measure to legalize same-sex marriage finally passed with approximately 52.55 percent [materials] of the statewide vote. With Maine and Maryland, approval of the legislation now makes Washington the third state this week [JURIST report] to legalize same-sex marriage, and the ninth state overall, including New York, Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and the District of Columbia [JURIST reports].

In June Preserve Marriage Washington [advocacy website] presented more than 200,000 referendum signatures to put Referendum 74 on the ballot, submitting the signatures and thus suspending the legislation one day before [JURIST reports] the law was scheduled to take effect. Gregoire signed the legislation less than a week after the state House of Representatives approved the bill, subsequent to the Senate having passed [JURIST reports] it two weeks before that. Gregoire has been a consistent advocate for gay rights during her tenure as governor. In April 2011 she signed a bill [JURIST report] that recognized as legal same-sex marriage licenses from other states. In March 2007 Gregoire signed legislation [JURIST report] that recognized domestic partnership status for same-sex couples.




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MoneyGram International reaches settlement for fraud
Zachariah Rivenbark on November 9, 2012 1:45 PM ET

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[JURIST] The US Department of Justice (DOJ) [official website] announced [press release] Friday that MoneyGram International, Inc. [corporate website; Bloomberg backgrounder] entered into a deferred prosecution agreement with the DOJ. According to the DOJ, MoneyGram admitted "to criminally aiding and abetting wire fraud and failing to maintain an effective anti-money laundering program." From 2004 to 2009, MoneyGram processed thousands of transactions obtained by MoneyGram agents through fraudulent means:
The scams—which generally targeted the elderly and other vulnerable groups—included posing as victim's relatives in urgent need of money and falsely promising victims large cash prizes, various high-ticket items for sale over the Internet at deeply discounted prices or employment opportunities as "secret shoppers." In each case, the perpetrators required the victims to send them funds through MoneyGram's money transfer system. Despite thousands of complaints by customers who were victims of fraud, MoneyGram failed to terminate agents that it knew were involved in scams.
As part of the agreement, MoneyGram forfeited $100 million dollars that will go towards the Victim Asset Recovery Program (VRAP) [official website]. MoneyGram also agreed to enforce US anti-fraud and anti-money laundering standards and maintain greater oversight of their agents' activity.

Friday's announcement was the latest development in the federal prosecution of fraudulent practices. Last week Wells Fargo [corporate website] claimed [JURIST report] that a lawsuit filed by the US government to recover money from defective mortgages was barred by a previous settlement. In September a federal judge approved [JURIST report] a settlement agreement between the DOJ and certain e-book publishers in a price-fixing suit. In late July a federal court granted [JURIST report] an emergency order freezing the assets of foreign brokers accused of insider trading. Earlier that month, the DOJ and pharmaceutical giant GlaxoSmithKline [corporate website] announced [JURIST report] a $3 billion dollar settlement in a series of criminal and civil healthcare fraud cases against the drug company.




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Supreme Court affirms stay of execution for Pennsylvania inmate
Sarah Steers on November 9, 2012 1:37 PM ET

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[JURIST] The US Supreme Court [official website] affirmed [order list, PDF] a stay of execution late Thursday night for Pennsylvania inmate Hubert Michael. The Supreme Court's decision affirms the 14-day stay of execution [Philadelphia Inquirer report] allowed by the US Court of Appeals for the Third Circuit [official website] earlier on Thursday. The Third Circuit also requested that US District Judge John Jones III, a judge for the US District Court for the Middle District of Pennsylvania [official website], explain his decision to allow Michael further appeals pursuing his stay of execution after initially denying the petition. In Michael's challenge [text] to Jones' initial refusal, Michael outlined information he needed to pursue overturning his death penalty sentence:
In addition to setting forth reasons supporting his request for access to interviews with the professionals identified in his previous motion, this petition also requested that Applicant be granted access to information concerning him provided to the Board of Pardons by the common pleas court, the Department of Corrections, and others; that Applicant's counsel be permitted to interview current and former corrections officers in preparation for the clemency hearing; that the hearing be stayed until these requests were accommodated; and that Applicant's execution be stayed to ensure a fair and meaningful hearing.
Michael was convicted for the 1993 kidnapping and murder of 16-year-old Trista Eng.

US opinions on the death penalty [JURIST news archive] remain mixed. Earlier this week California voters rejected [JURIST report] Proposition 34, which would have repealed the practice in the state. In the wake of Connecticut's repeal of the death penalty [JURIST report] last April, Hotline contributor Ben Jones argued [JURIST op-ed] that "frustration with the practice had been growing for years." Connecticut became the seventeenth state to abolish the death penalty and the fifth to do so in the past five years. New Jersey, New Mexico, New York and Illinois [JURIST reports] have all recently eliminated the death penalty, while 34 states retain its use.




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Madoff employee pleads guilty to falsifying records
Arjun Mishra on November 9, 2012 12:47 PM ET

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[JURIST] Irwin Lipkin, a former controller of Bernard L. Madoff Investment Securities LLC, (BLMIS) pleaded guilty [press release] in a Manhattan federal court Thursday to falsifying records. The full range of charges [text, PDF] to which Lipkin has pleaded guilty include conspiracy to commit securities fraud, to make false filings with the Security Exchanges Commission (SEC) [official website], and to falsify statements in relation to documents required by Employer Retirement Income Securities Act (ERISA) [DOL backgrounder], as well as a substantive count of falsifying statements in relation to documents required by ERISA. The former Madoff [JURIST news archive] employee has been accused by the FBI, Department of Labor, and the US Attorney for the Southern District of New York [official website] of working at Madoff's behest. US Attorney Preet Bharara commented:
As only the third employee of BLMIS, Irwin Lipkin had a long history with Bernie Madoff, and he proved himself to be a loyal foot soldier—consistently and repeatedly breaking the law at his boss' behest, and leaving as his legacy a successor he personally taught to continue cooking the books. And the benefits went both ways—Lipkin was able to enrich himself and his family through fake trades, and no-show jobs during his tenure and thereafter. Today's guilty plea marks another step forward in our efforts to prosecute and punish anyone and everyone who we can prove participated in this breathtaking fraud.
Lipkin faces a maximum sentence of 10 years in prison, as well as criminal fines up to twice the gross gain or loss derived from the offenses. The sentencing is set for March 22. As part of the plea bargain, he has agreed to forfeit $170 billion of real and personal property, which will go towards compensating the victims of Madoff's Ponzi scheme.

Lipkin is one of several former Madoff employees who have pleaded guilty to involvement in the Ponzi scheme. Madoff's brother, Peter, pleaded guilty [JURIST report] in June of this year. In March Madoff trustee Irving Picard and the owners of the New York Mets reached a $162 million settlement [JURIST report] for victims of the Ponzi scheme to avoid a trial. Former outside accountant for Madoff, David Friehling, pleaded guilty [JURIST report] to fraud charges in the US District Court for the Southern District of New York in November 2009. Madoff himself received a 150-year sentence [JURIST report]. Many of the sentences have included [JURIST report] appropriating money to victims of the scheme.




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HRW: Abused migrant women fear deportation from Belgium
Addison Morris on November 9, 2012 12:44 PM ET

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[JURIST] Fear of deportation prevents many migrant women in Belgium from seeking necessary protection from domestic violence, Human Rights Watch (HRW) [advocacy website] said in a report [text, PDF] released Friday. The 57-page report, entitled "'The Law was Against Me': Migrant Women's Access to Protection for Family Violence in Belgium," found that women who immigrate to Belgium to join their spouse or partner are at risk of deportation if they report domestic violence while their residence status is being confirmed. The HRW report stated that Belgium's laws do not "protect family migrant women who flee violence when their application for family reunification is still being processed, or women whose violent spouse left the country after they sought help. Undocumented migrant women are also unable to benefit from the law." Additionally, HRW claims that these victims of domestic violence, especially those who remain undocumented, have inadequate access to shelters, limiting their ability to escape their abusers. According to the report, "the fear that reporting violence and leaving a partner may jeopardize immigration status means that migrant women who experience violence at the hand of their partners may choose to endure the abuse until they have a more secure legal status." Belgium has signed, but has not yet ratified, the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence [text], which requires countries to ensure the protection of all women regardless of migrant status.

Discrimination and violence against women continues to be a global issue. In October the UN Working Group on discrimination against women [official website] urged governments around the world to repeal laws that criminalize adultery [JURIST report]. In September HRW urged Bangladesh to reform [JURIST report] their discriminatory personal laws governing marriage, separation and divorce. In June HRW called on the Sudanese government [JURIST report] to reform its discriminatory laws and abolish both the death penalty and all corporal punishment after a young Sudanese woman was sentenced to death by stoning for adultery. In March HRW urged the Afghan government [JURIST report] to release about 400 women and girls who were imprisoned for "moral crimes," including flight from unlawful forced marriage or domestic violence in addition to "zina," which is a sexual relationship outside of marriage due to rape or forced prostitution. In July 2011 UN Women [official website] released a report examining the persistent discrimination against women [JURIST report] around the world and concluded that the rule of law does not provide adequate protection for women in practice. A month earlier a UN Special Rapporteur stated that even the US is facing continued violence against women [JURIST report], especially poor, minority and immigrant women. In May 2011 the Council of Europe (COE) [official website] introduced [JURIST report] the first international convention to combat violence against women. In the same month, UN High Commissioner for Human Rights Navi Pillay [official profile] urged Tunisia and Egypt [JURIST report] to ensure that women's rights receive constitutional protection.




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ICTY denies former Serb parliament speaker's request for early release
Endia Vereen on November 9, 2012 11:43 AM ET

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[JURIST] The International Criminal Tribunal for former Yugoslavia (ICTY) [official website] on Thursday rejected [judgment, PDF] a third request for early release for former Bosnian Serb parliament speaker Momcilo Krajisnik [ICTY materials; JURIST news archive]. Krajisnik was convicted [JURIST report] in 2006 of persecution, extermination, murder, deportation and inhumane acts during the 1992-95 Bosnian Civil War [JURIST news archive]. He was sentenced to 27 years in a British prison and given credit for time served since April 2000. A report on Krajisnik's conduct in prison stated that his behavior had been exemplary and that he should be released after serving less than two-thirds of his sentence. ICTY President Theodor Meron [official profile] rejected Krajisnik's request citing the gravity of the crimes he committed:
Although there is evidence that Krajisnik has been rehabilitated and that the risk of his committing a new crime once released is low, Krajisnik was convicted of crimes of a very high gravity, involving widespread displacement of the non-Serb population in Bosnia and Herzegovina, which caused great suffering. Moreover, Krajisnik will not have served two-thirds of his sentence until August 2013, and the practice of the Tribunal is to consider the eligibility of a convicted person only after he has served two-thirds of his sentence.
The severity of Krajisnik's crimes was also the stated reason for the denial of his previous appeal [JURIST report].

Since his transfer to the UK, Krajisnik had previously been denied early release twice, in July 2011 and July 2010. At Krajisnik's 2006 trial, the ICTY found him not guilty on a charge of genocide for which prosecutors had requested a life sentence [JURIST report]. He was instead sentenced to 27 years imprisonment. Krajisnik was initially indicted together with Biljana Plavsic [JURIST news archive], the former Bosnian Serb president, who was sentenced to 11 years in prison in 2003 after testifying against Krajisnik. Former Bosnian Serb leader Radovan Karadzic [JURIST news archive], with whom Krajisnik worked closely, was arrested in 2008 and currently faces war crimes charges [JURIST reports] before the ICTY.




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BP and Gulf oil spill plaintiffs urge federal judge to approve settlement agreement
Sarah Posner on November 9, 2012 9:18 AM ET

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[JURIST] The US District Court for the Eastern District of Louisiana [official website] on Thursday heard arguments regarding approval of a class-action settlement agreement between British Petroleum (BP) [corporate website] and various individuals and businesses affected by the 2010 Deepwater Horizon oil spill [BBC backgrounder; JURIST news archive]. Attorneys on both sides urged [AP report] Judge Carl Barbier to approve the settlement agreement, under which BP is expected to pay approximately $7.8 billion to settle the claims against the company. BP also agreed to pay $600 million for the plaintiffs' attorney fees. The judge initially approved the settlement agreement in May, after which thousands of individuals opted out of individually pursuing their claims against BP. Barbier said that the hearing would help him to determine a fair settlement. He also indicated that some of the objections posed during the hearing were not made in good faith. Barbier is expected to rule on the settlement agreement in the next few days.

In May Barbier signed a case management order [JURIST report] outlining the structure for the upcoming trial of Gulf oil spill claims, scheduled for January 14, 2013. Barbier divided the trial into two phases. In phase one, or the "incident" phase, the court will address issues arising out of the various parties' conduct leading to the incident and appropriation of their negligence. Barbier gave preliminary approval [JURIST report] to the proposed settlement agreement earlier that month. In April BP and a group of plaintiffs' attorneys sought Barbier's preliminary approval on the settlement, which they had reached [JURIST reports] in March.




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Arizona federal judge hands down life sentence for Tucson shooter
Sarah Posner on November 9, 2012 8:40 AM ET

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[JURIST] A federal judge at the US District Court for the District of Arizona [official website] sentenced Jared Lee Loughner to life in prison [judgment, PDF] on Thursday for killing six people in the January 2011 Tucson shooting. The shooting also injured thirteen people, including former congresswoman Gabrielle Giffords (D-AZ) [campaign website]. Judge Larry A. Burns sentenced [AP report] Loughner to serve seven life sentences: six for the six people he killed and a seventh for his assassination attempt on Gifford. Loughner pleaded guilty to the charges, enabling him to avoid the death sentence. The shooting took place during a meet-and-greet outside a supermarket. Giffords was in the courtroom to hear Burns announce Loughner's sentence. It was the first time that Giffords had confronted Loughner.

In August Loughner pleaded guilty [JURIST post] to 19 of 49 charges, including killing a 9-year-old girl and Chief Judge John Roll [NYT backgrounder] of the US District Court for the District of Arizona [official website], as well as wounding Giffords. In ending an ongoing debate between prosecutors and defense counsel, the judge found that Loughner understood in court that he was responsible for opening fire during Giffords's local constituent meeting in an Arizona parking lot. Both sides then arranged Loughner's ensuing plea, which assuredly sidestepped the death penalty. Loughner was formally charged [JURIST report] with the Tucson shootings in January 2011.




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Update all JURIST bookmarks and feeds to jurist.org!
Matthew Shames on November 9, 2012 12:30 AM ET

[JURIST announcement] If you have not already done so, please update all of your bookmarks and RSS feeds to jurist.org. As part of our continuing transition from our old domain (jurist.law.pitt.edu) to our current domain (jurist.org), the University of Pittsburgh will soon be disabling public access to our old server. At that time, any RSS feeds and bookmarks that are still pointing to jurist.law.pitt.edu will cease to function. Don't miss out on the latest legal news from JURIST - update your bookmarks and feeds today!




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