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Today's Date: U.S. Attorney News Feed
NY broker in Cunningham scandal pleads guilty
Court Feed News | 2008/02/05 17:13
A New York mortgage broker who was involved in the Randy “Duke” Cunningham bribery scandal pleaded guilty to two charges Monday in federal court. John Michael pleaded guilty to conspiracy to commit an unlawful monetary transaction and to making a false statement to a federal grand jury. He is free on bond while awaiting sentencing May 5 before Judge Larry Burns. He faces a maximum of 10 years on each of the charges.

Michael pleaded guilty to using his Long Island, N.Y., mortgage company, Coastal Capital, to hide a half million dollars in bribes to Cunningham paid by Brent Wilkes, a Poway businessman. He also admitted to lying to the grand jury about how the financial transaction was structured.

Michael, 36, is the last person in the case to have his case resolved.

Wilkes was convicted Nov. 5 on 13 counts of bribery, conspiracy and wire fraud. Prosecutors said he paid Cunningham at least $625,000 in bribes, including meals, trips and gifts.

Cunningham, who in return steered millions in federal contracts to Wilkes' company, ADCS Inc. of Poway, is serving an eight-year prison term after pleading guilty to conspiracy and tax evasion.

Michael's uncle, New York financier Thomas Kontogiannis, pleaded guilty a year ago, and is awaiting sentencing.



Jailhouse Lawyer Gets a Hearing
Court Feed News | 2008/02/05 10:09
While other prisoners are lifting weights or playing basketball, Michael Ray is working 40 hours a week, his head buried in legal texts and journals. Over the years, the jailhouse lawyer has helped dozens of fellow inmates file appeals, sometimes with success.

But recently Ray secured an achievement rarely seen by even the most experienced of attorneys on the outside: The U.S. Supreme Court agreed to hear arguments in one of his cases.

Legal experts estimate the high court accepts less than 1 percent of the thousands of cases it receives each year. The court's action was even more extraordinary in this instance, because the appeal was drawn up by a prisoner who earns 29 cents an hour and does not even have a college degree, much less a law school education.

"This is basically a once-in-a-lifetime for a good criminal defense attorney, so you can imagine I'm on cloud nine, with my background," the 42-year-old Ray said with a laugh during a recent phone interview from a federal prison in Estill, about 100 miles south of Columbia.

He will not argue the case himself when it comes up in March. Only those admitted to the bar of the U.S. Supreme Court can do that. He will not even be allowed out of prison to attend the hearing.

Ray has been behind bars for much of his adult life for various fraud schemes. A former paralegal on the outside, he is nearing the end of a six-year sentence handed down after he pleaded guilty to various offenses, including passing a bad check for about $285,000 as part of a real estate scheme in Myrtle Beach.

"I just have a real problem with financial institutions, and I'm a self-proclaimed addicted gambler," he said.

As a prison law clerk, Ray files petitions and draws up motions for inmates who ask for his help. He keeps current on legal issues by reading professional journals and has joined several legal associations, including the American Bar Association.

"They're probably not super proud to have me as a member, but I do pay my dues every year," said Ray, who is also trying to complete his undergraduate degree through a correspondence course.



Court: Elderly sisters must split lottery winnings
Court Feed News | 2008/02/03 15:16

The Connecticut Appeals Court has ruled a 1995 pact struck by two widowed sisters to split each other’s future gambling winnings is still binding despite the fact they no longer speak to one another.

The decision paves the way for a public family feud pitting Theresa Sokaitis, 81, against Rose Bakaysa, 85, over a $500,000 Powerball jackpot Bakaysa hit on June 18, 2005, but doesn’t want to share with her estranged sibling.

Sokaitis is suing Bakaysa for breach of contract. Bakaysa’s attorney, William Sweeney Jr., told the Herald in November Sokaitis is a “gold digger.”

“We’re going to go to trial court and battle it out,” Sokaitis’ Boston attorney, Sean Higgins, said. She was, he said, “extremely excited by the court’s decision. She’s obviously elated for the chance to prove that she is entitled to her share of the money.”

Unlike Massachusetts, a bygone Connecticut law still frowns upon private wagering contracts. However, two appellate judges, in overruling Connecticut Superior Court Judge Patty Pittman’s 2006 summary judgment awarding the money to Bakaysa, found the notarized agreement between the sisters was not induced by the guarantee of hard cash, “but rather their mutual promises to one another to share in any winnings they received.”

Though Connecticut now widely embraces many forms of gambling, Appeals Court Judge William Lavery cast the lone dissenting vote against Sokaitis, stating in written remarks that “money” was the motivation behind the deal. “We must assume that it was the intent of the Legislature to continue to prohibit wagering contracts like the one at issue in this case,” he said.



Abortion provider must turn over files
Court Feed News | 2008/02/01 12:08
One of the nation's few late-term abortion doctors was ordered Wednesday to turn over about 2,000 patient medical records to a Kansas grand jury investigating his practice.

Abortion opponents hope that the records will lead to further criminal charges against Dr. George Tiller, who already is facing 19 misdemeanor counts stemming from late-second and third-trimester abortions at his clinic in Wichita.

Tiller's lawyers say he scrupulously follows the law. They plan to ask the Kansas Supreme Court to overturn a state district court judge's ruling that Tiller begin handing over files as early as today.

"It's an unprecedented encroachment upon a woman's right to privacy," attorney Dan Monnat said.

Monnat was joined in court by a lawyer from the New York-based Center for Reproductive Rights, who filed affidavits from three patients demanding that their medical records remain private.

Even though the judge ordered names and addresses removed from the files, the patients said they feared their identities could be deduced from details about their families and medical histories. The antiabortion group Operation Rescue has given the grand jury several photos that it says show pregnant women entering Tiller's clinic; the same pictures are posted online, with the women's faces blurred.

"Even thinking about the possibility of anti-choice extremists identifying me has caused my partner and I great distress," one woman wrote.

The unfolding legal dispute treads familiar ground.

Tiller spent three years battling a subpoena for a much smaller group of medical records sought by former Atty. Gen. Phill Kline, an opponent of legal abortion. The Kansas Supreme Court eventually forced Tiller to turn over 60 records on the condition that an independent lawyer first review them to redact names, addresses and other information not relevant to the criminal inquiry.

After Kline was voted out of office, his successor -- a supporter of abortion rights -- charged Tiller with the misdemeanors.


CA court to consider age discrimination claim against Google
Court Feed News | 2008/01/31 16:49
The California Supreme Court will hear Google Co.'s appeal of a discrimination lawsuit filed by a 54-year-old manager who claims he was fired after a supervisor told him his opinions were "too old to matter."

A court of appeal in October ruled that a jury should determine if Brian Reid has evidence that Google routinely paid smaller bonuses and gave poorer performance reviews to older managers.

On Wednesday, the state high court said it would review that decision.

The Mountain View-based company has denied Reid's allegations but also refuses to say why he was fired. In court documents, the company said Reid was fired when the program he managed was canceled.

Reid sued Google in July 2004, five months after he lost his job as its director of operations.



Doc's Liposuction Death Guilty Plea Nixed
Court Feed News | 2008/01/31 12:55

A Brazilian doctor charged with manslaughter in an immigrant's liposuction death tried to plead guilty Wednesday, but the judge instead set the case for trial after the doctor contradicted prosecutors.

Luiz Carlos Ribeiro appeared in Superior Court to plead guilty to involuntary manslaughter in a case that exposed an underground cosmetic surgery network used by Brazilian immigrants.

Prosecutors were giving a standard recitation of the facts they could have proved at trial when Ribeiro, 51, told the judge he didn't agree with many of them, insisting he had a sterile surgical area and the proper resuscitation equipment when he performed the fat-removal surgery on Fabiola DePaula in the basement of a suburban condominium in July 2006.

DePaula, a 24-year-old Brazilian immigrant, died of complications from the surgery, including pulmonary fat emboli, or fat particles in the lungs.

Ribeiro insisted there was nothing that could have saved the woman.

"If I had 100 years, I would swear that I didn't kill anybody because I would never kill," Ribeiro told the judge. "Fabiola's death was sudden. I had no chance to do anything."

Prosecutors say Ribeiro performed liposuction, nose jobs and Botox injections for several years in the Framingham area, mostly for the town's large Brazilian immigrant population.

The procedures were performed on a massage table, under unsanitary conditions and without any emergency oxygen in place, authorities allege.

Judge Wendie Gershengorn scheduled the trial for April 3.

In September, Ribeiro's ex-wife, Ana Maria Miranda Ribeiro, was sentenced to one year in prison when she pleaded guilty to manslaughter and admitted acting as a nurse for her husband.

Luiz Ribeiro was a licensed doctor in his native Brazil, but neither he nor his ex-wife was licensed to practice medicine in the United States, authorities said.

His lawyer, Jeanne Earley, said after the hearing she was stunned the plea was not accepted. She was going to ask for a 2- to 2 1/2-year prison term. Prosecutors had planned to seek 6 to 8 years. He's already served about 18 months since his arrest.

"He's horrified as any doctor would be about the death of somebody. But he is a good doctor, has practiced medicine for many years in Brazil," she said.

Prosecutors said if the procedure had been monitored in a hospital, DePaula's death could have been prevented.

"We are confident that we have a strong case against the defendant and intend to prove that case in court," District Attorney Gerry Leone said in a statement Wednesday.



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