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Gonzales doesn't satisfy critics - GOP or Dems
Headline News | 2007/04/20 18:10

The Bush White House called embattled Attorney General Alberto Gonzales "our No. 1 crime fighter" Friday, a day after Gonzales' often halting explanations for the firings of eight federal prosecutors brought additional demands for his resignation. "He has done a fantastic job in the Department of Justice," deputy press secretary Dana Perino told reporters traveling aboard Air Force One as President Bush headed for a speech in Michigan.

Gonzales had gone to Capitol Hill Thursday with just one mission: to placate Republican and Democratic senators dissatisfied with his account of how eight federal prosecutors were fired.

Apparently, he failed. For the first time, Republicans on the Judiciary Committee broke ranks and said it might be best if Gonzales stepped down.

"It is generous to say the attorney general's communications about this matter have been inconsistent," Sen. Tom Coburn, R-Okla., told Gonzales in a packed hearing room Thursday. "The consequence should be the resignation of the attorney general."

Sen. Jeff Sessions, R-Ala., said in an interview after the hearing, "There are some problems that he just hasn't handled well, and it might just be best if he came to a conclusion that the department is better served if he's not there."

Some of the committee's biggest questions went unanswered: How exactly did the Justice Department settle on the eight prosecutors who were fired? Does Gonzales have command of his agency?

"You have been a forceful witness, and you have had a lot of staying power," Sen. Arlen Specter, the ranking Republican on the committee, said near the end of Gonzales' seven hours of testimony.

"But we haven't gotten, really, answers," added Specter, R-Pa. "I urged you to put on the record the details as to all the U.S. attorneys you asked to resign so that we could evaluate. And you have not done that."

Specter threw Gonzales a thin lifeline, declining to call for his resignation but making it clear that he thinks there's little argument for Gonzales keeping his post.

"His ability to manage the department has been severely undercut by the way he has handled these resignations and by the way he has handled his news conferences, his press statements and his testimony before the committee," Specter said.



Baker & McKenzie Advises MacarthurCook
Law Firm News | 2007/04/20 15:41
Baker & McKenzie's Asia Pacific REIT team has assisted MacarthurCook, one of Australia’s emerging international real estate investment managers, on the successful acquisition of 12 Singapore industrial properties for S$316.2 million (US$208 million). The properties formed the initial portfolio of the MacarthurCook Industrial REIT (“MI-REIT”), which commenced trading on the Main Board of Singapore Exchange Securities Trading Limited (the “SGX-ST”) yesterday. It is intended that more industrial properties will be acquired in Asia for the MI-REIT.

Baker & McKenzie's Asia Pacific REIT team for this transaction was co-led by the partners Ai Ai Wong in Singapore and Lewis Apostolou in Melbourne who worked collaboratively with support from lawyers in Singapore and Australia.

Commenting on the deal in Singapore, Ai Ai Wong said: “This is a very exciting time for MacarthurCook particularly as the new MI-REIT will enable our client to achieve their principal investment objective of owning and investing in a diversified portfolio of income-producing real estate located throughout Asia.” Lewis Apostolou, in Melbourne, Australia, added: “We are delighted to have had the opportunity to continue our collaboration with MacarthurCook, and to assist them as they successfully expand their investment management business internationally.”

This is the second time Baker & McKenzie has acted for MacarthurCook in connection with a Singapore offering, having concluded the secondary listing of the MacarthurCook Property Securities Fund on the Singapore Stock Exchange in December 2006. On that occasion, Baker & McKenzie acted as Australian legal counsel, and Colin Ng & Partners as local counsel in Singapore.

The new MI-REIT contributes to the growing track record that Baker & McKenzie’s Asia-Pacific REIT team has built over the last 18 months, with the team acting on a number of strategic REIT deals including:

• Advising ARA Asset Management (Prosperity) Limited, the Manager of Prosperity REIT, on its IPO, listing and post IPO property acquisitions in Hong Kong.

• Advising Guangzhou Investment Company Limited (GZI) on the establishment and listing of GZI REIT - the first listed REIT with PRC mainland properties on the Hong Kong Stock Exchange.

• Advising GuocoLand (Malaysia) Berhad on the establishment and IPO of the Tower REIT on the Malaysian Stock Exchange.  

• Acting for the issuer Fubon Financial on the IPOs and listings of both the Fubon No.1 and No. 2 REITs on the Taiwan Stock Exchange.

• Advising the underwriter of the Tokyo Growth J-REIT which consists of 46 offices and residential properties and is listed on the Tokyo Stock Exchange.

Baker & McKenzie’s Global REIT team is also active in other REIT markets around the world including in Europe, where new REIT legislation continues to be introduced by European governments.



House passes DC congressional voting rights bill
Legal Career News | 2007/04/20 14:30

The US House of Representatives passed the District of Columbia House Voting Rights Act (HR 1905) Thursday, which could increase official House membership for the first time since 1960. The bill, which passed 241-177, would make the District of Columbia a congressional district with full voting rights in the House, and as a compromise with Republicans, add a temporary at-large seat for Utah. Utah came close but fell short of obtaining a new district after the 2000 census. The future of the bill in the less Democratically-dominated Senate is far from certain, however, and President George W. Bush has threatened a veto, calling the bill unconstitutional.

The District of Columbia currently has a delegate in the House, Eleanor Holmes Norton, who is able to vote in committee and on some amendments, but is not allowed to vote on the final passage of a bill. A February report by the Congressional Research Service flagged the potential unconstitutionality of any bill granting a House vote for the District, focusing on the language in Article I, Section 2, Clause 1 of the Constitution that the House is to be comprised by the "people of the several States."



DOJ seeks dismissal of Guantanamo habeas cases
Lawyer Blog News | 2007/04/20 12:32

The US Department of Justice (DOJ) on Thursday sought the dismissal of all pending Guantanamo Bay detainee habeas corpus cases in the US District Court for the District of Columbia. The motion to dismiss was filed in response to the US Supreme Court denying petitions for certiorari earlier this month on two cases challenging the Military Commissions Act (MCA). The US Court of Appeals for the DC Circuit had upheld the habeas-stripping provisions of the act in February. In Thursday's motion, the DOJ argued that February's motion, and this month's denial of cert, means that all litigation should be in the DC Circuit. The DOJ stressed that lawyers will continue to be allowed to meet with their clients during a "reasonable transition period," but in the future, client-visit priority will be given to lawyers who are pursuing litigation in the DC Circuit court.

The MCA, signed into law last October, denies federal courts the right to hear habeas corpus petitions. Shortly after the bill was enacted, the DOJ notified the DC Circuit that it no longer had authority to hear such cases. The court had stayed the almost 200 cases affected by the act, pending the legal challenges to the MCA.



Woman pleads not guilty in fatal fire
Lawyer Blog News | 2007/04/20 08:11

A woman who told police a deadly apartment building fire began when she tried to light a dollar bill to warm her feet pleaded not guilty to murder and arson charges on Thursday. A grand jury indicted Mary Smith two weeks ago in the March 10 fire that killed four people.

Defense attorney Jacqueline Ross said at Smith's arraignment that his client is taking psychiatric medication and being treated for mental health problems. She is being held without bail.

Prosecutors say Smith gave a videotaped statement in which she admitted to starting the blaze by trying to warm her feet by lighting a dollar bill that an apartment visitor had given her.

Smith was wearing plastic bags on her feet when she was arrested at a nearby coffee house. Prosecutors have not decided whether to pursue the death penalty.



Extradited Software Piracy Ringleader Pleads Guilty
Court Feed News | 2007/04/20 08:08

The leader of one of the oldest and most renowned Internet software piracy groups has pleaded guilty to criminal copyright infringement charges, in one of the first ever extraditions for an intellectual property offense, Assistant Attorney General Alice S. Fisher of the Criminal Division and U.S. Attorney Chuck Rosenberg for the Eastern District of Virginia announced today.

Hew Raymond Griffiths, 44, a British national living in Bateau Bay, Australia, was extradited from Australia in February 2007 to face criminal charges in U.S. District Court in Alexandria, Va. He pleaded guilty today before U.S. District Judge Claude M. Hilton to one count of conspiracy to commit criminal copyright infringement and one count of criminal copyright infringement. If convicted on both counts, Griffiths could receive a maximum sentence of 10 years in prison and a $500,000 fine. Prior to his arrival in the United States, he had spent nearly three years incarcerated at a detention center in Australia while fighting his extradition in Australian court. Judge Hilton set a sentencing date for June 22, 2007, at 9:00 a.m.

Griffiths was the leader of an organized criminal group known as DrinkOrDie, which had a reputation as one of the oldest security-conscious piracy groups on the Internet. DrinkOrDie was founded in Russia in 1993 and expanded internationally throughout the 1990s. The group was dismantled by the Justice Department and U.S. Immigration and Customs Enforcement as part of Operation Buccaneer in December 2001, with more than 70 raids conducted in the U.S. and five foreign countries, including the United Kingdom, Finland, Norway, Sweden and Australia. To date, Operation Buccaneer has resulted in more than 30 felony convictions in the United States and 11 convictions of foreign nationals overseas. Prior to its dismantling, DrinkOrDie was estimated to have caused the illegal reproduction and distribution of more than $50 million worth of pirated software, movies, games and music.

Griffiths, known by the screen nickname “Bandido,” was a longtime leader of DrinkOrDie and an elder in the highest echelons of the underground Internet piracy community, also known as the warez scene. He held leadership roles in several other well-known warez groups, including Razor1911 and RiSC. In an interview published in December 1999 by an online news source, he boasted that he ran all of DrinkOrDie’s day-to-day operations and controlled access to more than 20 of the top warez servers worldwide. In fact, Griffiths claimed to reporters that he would never be caught.

Griffiths admitted that he oversaw all the illegal operations of DrinkOrDie, which specialized in cracking software and distributing the cracked versions over the Internet. Once cracked, these software versions could be copied and used without limitation. Members stockpiled the illegal software on huge Internet computer storage sites that were filled with tens of thousands of individual software, game, movie and music titles worth millions of dollars. The group used encryption and an array of other sophisticated technological security measures to hide their activities from law enforcement.

This case was investigated by the Washington field office of U.S. Immigration and Customs Enforcement (ICE) in conjunction with the Customs Cybercenter in Fairfax, Va.

This case is being prosecuted by Deputy Chief Michael DuBose and trial attorney Jay Prabhu of the Criminal Division’s Computer Crime and Intellectual Property Section, and Assistant U.S. Attorney Robert Wiechering of the Eastern District of Virginia.



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