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Legal news from Thursday, May 10, 2007 |
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Lawyers plead guilty to conspiracy, fraud in New York insider trading case
Mike Rosen-Molina on May 10, 2007 7:18 PM ET

[JURIST] Two lawyers pleaded guilty Thursday to participating in a massive insider trading scheme that US federal prosecutors have called the most extensive such fraud uncovered since the 1980s. Former Morgan Stanley [corporate website] lawyer Randi Collotta and her husband Christopher admitted to conspiracy and securities fraud [DOJ press release] in Manhattan federal court. The couple is among 13 defendants charged [press release, PDF; JURIST report] "with participating in two massive insider trading schemes and in two separate bribery schemes" that netted more than $8 million dollars in illegal profits for themselves and the hedge funds with which the defendants were affiliated. Also indicted is Mitchel Guttenberg, executive director and institutional client manager at UBS AG [corporate website], who sold two co-defendants material, nonpublic information regarding upcoming upgrades and downgrades in UBS analysts' securities recommendations. Besides the Collottas, four defendants have pleaded guilty to conspiracy, securities fraud, and commercial bribery charges.
Morgan Stanley agreed to pay a $10 million settlement [JURIST report] to the Securities and Exchange Commission [official website] last June without admitting or denying allegations made by the SEC that the corporation had failed to protect against potential misuse of insider trading information as required by law. Also Thursday, another former Morgan Stanley lawyer, Jennifer Wang, and her husband Ruben Chen were arrested for alleged insider trading [DOJ press release]. Reuters has more.


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US House panel questions Gonzales on US Attorney firings
Mike Rosen-Molina on May 10, 2007 4:12 PM ET

[JURIST] Members of the US House Judiciary Committee [official website] questioned [hearing materials] Attorney General Alberto Gonzales Thursday about the US Attorney firing scandal [JURIST news archive], demanding to know whether White House officials ordered the firings of prosecutors for political reasons. Gonzales said his former chief of staff Kyle Sampson [DOJ press release] was mainly responsible for compiling the list of prosecutors to be dismissed, but acknowledged that presidential adviser Karl Rove [official profile] had earlier discussed voter fraud prosecutions [JURIST report] in three jurisdictions with Gonzales. The US Attorney in one of those jurisdictions was later fired, and allegations have surfaced that US Attorneys were evaluated on whether they pursued voter fraud cases that benefited Republican candidates.
A series of emails released by the Department of Justice in March revealed that Rove originally suggested firing all 93 US Attorneys [JURIST report] in January 2005, contradicting earlier assertions by the White House that the idea first came from former White House counsel Harriet Miers. The same month, the Senate Judiciary Committee subpoenaed [JURIST report] Rove, Miers, and Sampson, rejecting Bush's interview offer. The House Judiciary Committee later subpoenaed Rove, Miers, and several aides [JURIST report] to testify in a concurrent investigation. The Department of Justice is currently investigating [JURIST report] whether Gonzales' former White House liaison Monica Goodling considered political affiliation in hiring replacement US attorneys in violation of federal law. AP has more.


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Churches pushing sanctuary movement to help illegal immigrants
Brett Murphy on May 10, 2007 1:15 PM ET

[JURIST] Churches across the US have agreed to become part of the New Sanctuary Movement [advocacy website], a program to protect illegal immigrants from arrest and deportation and place pressure on the government to make becoming a citizen an easier process. Thus far, churches in five large US cities have plans to protect illegal immigrants, with the possibility of housing them on church grounds, and on Wednesday San Pablo's Lutheran Church in North Hollywood and Our Lady Queen of Angels [church website] Catholic Church in Los Angeles offered their buildings as shelter to one person each. The New Sanctuary Movement states in its pledge that: We stand together in our faith that everyone, regardless of national origin, has basic common rights, including but not limited to: 1) livelihood; 2) family unity; and 3) physical and emotional safety. We witness the violation of these rights under current immigration policy, particularly in the separation of children from their parents due to unjust deportations, and in the exploitation of immigrant workers. Adalberto United Methodist Church in Chicago has housed [statement] deportation resister Elvira Arellano [Wikipedia profile] since August with no attempts by US Immigration and Customs Enforcement [official website] to arrest her. ICE spokeswoman Virginia Kice, however, declined to tell AP whether the lack of action is a representation of ICE policy, but stated that ICE agents have the authority to arrest and detain any person violating immigration regulations. AP has more.


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Chemical weapons treaty 10th anniversary marked
Brett Murphy on May 10, 2007 12:13 PM ET

[JURIST] Member nations to the Chemical Weapons Convention (CWC) [text] marked the 10th anniversary of the accord [OPCW materials] at an unveiling of a memorial dedicated to chemical warfare victims at the headquarters of the Organization for the Prohibition of Chemical Weapons (OPCW) [official website] in the Netherlands on Wednesday. Member states pledged to refocus attempts to persuade North Korea and Middle Eastern nations to join the treaty, as UN Secretary-General Ban Ki-moon said in a video message [transcript] With it, we remember the unspeakable horror endured by victims of chemical weapons. And we vow that their pain will never be forgotten by present and future generations...As we do, we pledge to redouble our efforts to achieve universal membership of the Chemical Weapons Convention, and to free the world from chemical weapons. I call on those States that have not yet ratified or acceded to the Convention to do so without delay. In October, OPCW Director-General Rogelio Pfirter [official profile] urged [JURIST report] North Korea and several Middle Eastern to join the CWC and destroy their weapon stockpiles.
So far 182 nations [OPCW list] have signed on to the convention since it entered into force in 1997. Under the convention, banned weapons, including nerve and mustard gases, must be destroyed by June 2007, though countries may apply for a five-year extension. Another six countries [OPCW list], Israel among them, have signed the convention but have not yet ratified, leaving seven countries [OPCW list] that have not signed, including North Korea, Iraq, and Syria. AP has more. The UN News Service has additional coverage.


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Syria president limits cooperation with UN Hariri tribunal
Brett Murphy on May 10, 2007 9:27 AM ET

[JURIST] Syria [JURIST news archive] will take no part in the establishment of a UN tribunal to try suspects in the 2005 assassination of former Lebanese Prime Minister Rafik Hariri [JURIST news archive] if the tribunal acts to undermine the country's sovereignty, Syrian President Bashar al-Assad told members of the New People's Assembly [SANA report] Thursday. Assad has continually denied any allegations that Syria participated in the assassination [JURIST report]. He told parliament that "We have nothing directly to do with the court. Any cooperation requested from Syria that compromises national sovereignty is totally rejected." Reuters has more.
On Monday, US Secretary of State Condoleezza Rice told Al Arabiya television that the US may attempt to force the establishment of a UN tribunal [JURIST report] under Chapter VII of the UN Charter [text] to try suspects in the assassination. Last week, UN Undersecretary-General for Legal Affairs Nicolas Michel [official profile] reported that he has been unable to break a deadlock [JURIST report] within the Lebanese government preventing approval of the international tribunal. Michel traveled to Lebanon [JURIST report] last month in an effort to revitalize the ratification process of an agreement [JURIST report] to establish the tribunal.
The agreement has been approved by the Lebanese cabinet, but Lebanon's pro-Syrian parliamentary speaker Nabih Berri has refused to convene parliament, preventing the ratification of the agreement. Michel said that he saw "no progress," despite the fact that both the government and opposition have expressed support, in principle, for the tribunal. Thus far, Michel has not confirmed any plans for the UN to establish a tribunal under Chapter VII.


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