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New U.N. secretary-general in early flap
Legal Career News | 2007/01/03 02:15

New UN Secretary-General Ban Ki-moon said Tuesday that resolving the crisis in Darfur was "very high" on his agenda and would be one of his top priorities. Ban, whose tenure as secretary-general officially began Monday, said that he has already spoken to Jan Eliasson, former UN General Assembly President and current Special Representative for Sudan, and that he has a meeting with Eliasson scheduled for Wednesday to discuss the Darfur situation. Ban's predecessor Kofi Annan had in the final weeks of his own term pressed UN bodies - especially the new UN Human Rights Council - to focus more on Darfur.

Ban, however, took a different approach, never mentioning the U.N. ban on the death penalty in all its international tribunals, and the right to life enshrined in the U.N. Charter.

"Saddam Hussein was responsible for committing heinous crimes and unspeakable atrocities against Iraqi people and we should never forget victims of his crime," Ban said in response to a reporter's question about Saddam's execution Saturday for crimes against humanity. "The issue of capital punishment is for each and every member state to decide."

His ambiguous answer put a question mark over the U.N.'s stance on the death penalty. It also gave the new chief an early taste of how tricky global issues are, and how every word can make a difference.



Race riot put down at California state prison
Legal Career News | 2007/01/02 16:54
The California state correctional facility in Chino was under lockdown Sunday after prison authorities put down a major race riot that broke out Saturday morning reportedly setting blacks and Hispanic inmates against each other in one of the worst instances of prison rioting in the state in years. A California Corrections Department spokesperson said that guards had to use everything from tear gas to foam projectiles to quell the disturbance, a process which took hours. Over 50 people were treated for injuries. The spokesman said some 36 inmates with what he described as "unacceptable housing situations" were being considered for transfer.


Apple chief could still face SEC investigation
Legal Career News | 2006/12/30 06:29

Steve Jobs, the chairman of Apple Computer, still faces the prospect of an investigation by the Securities and Exchange Commission and the Department of Justice, The Times has learnt, even though he did not benefit personally from the repeated backdating of stock options. Apple published its long-awaited annual report yesterday. It contained details of the company’s internal investigation into options backdating.  

The findings appeared to exonerate Mr Jobs, concluding that, although he was aware of options backdating and even chose some of the dates, he was not aware of the accounting implications of the practice.

The report added that Mr Jobs did not benefit financially from the backdating programme because he returned all the stock options granted to him during the period under investigation.

However, the Securities and Exchange Commission, the US market regulator, which is already investigating the stock options scandal at more than 100 companies, including Apple, told The Times that an executive could be found guilty of backdating without benefiting from the award.

A spokesman for the SEC, who was unable to comment directly on the Apple investigation, said: “An executive does not have to benefit personally from stock options backdating to be found to have violated the rules . . . Past cases show that personal gain is not a precondition to any action by this office.”

The SEC would not confirm whether the company or Mr Jobs was under investigation, but it is understood that investigators from the regulator’s enforcement division next month will begin to look into more than one million pages of evidence gathered by Apple during its internal review of the stock options affair.

The Justice Department is also said to be looking into the backdating of options at Apple. It declined to comment.



DOJ Sues Fraudulent Tax Preparation Firms
Legal Career News | 2006/12/29 19:58

The Justice Department has brought suit in U.S. District Court in Chicago against a Seneca, Ill., couple, Royanne and Neal Reddy, and their businesses, Royanne’s Tax Services and Royanne & Company, seeking to bar them permanently from preparing federal tax returns for others. According to the government complaint, the Reddys, operating their businesses in Marseilles and Princeton, Ill., have prepared more than 9,000 returns since 2002.

The complaint states that the IRS examined 70 income tax returns prepared by the Reddys or employees under their direct supervision. It’s further alleged that all of these returns required adjustments, and 64 returns contained improper deductions of as much as $30,000. The complaint alleges that average under-reported tax on these 70 returns was $2,775, and states that the IRS estimates the total cost to the Treasury of the Reddys’ and their employees’ improper income tax return preparation to be more than $13 million.

The government’s suit alleges that the Reddys fraudulently fabricate or inflate business expenses for customers to reduce their reported income. The Reddys also allegedly fabricate income for some customers to get them Earned Income Tax Credits to which they are not entitled. It is further alleged that the Reddys have provided fabricated documents to IRS agents auditing their customers’ returns.

The suit asks the court to order the Reddys to give the government a list with their customers’ names, addresses, e-mail addresses, phone numbers and Social Security numbers.



California restores prisoner voting rights
Legal Career News | 2006/12/29 18:54

The State of California has decided not to appeal a December 21st decision of the California 1st District Court of Appeal restoring voting rights to approximately 100,000 inmates serving a year or less for felony convictions in local jails. The case, filed by the League of Women Voters of California and other voter and prisoner right interest groups, challenged a December 2005 interpretation of Art. 2 Sec. 4 of the California Constitution by Secretary of State Bruce McPhearson maintaining that those serving short term sentences for felonies in county jails were not eligible to vote.

The court’s decision relied on Section 17 of the California Penal Code, which defines felonies and misdemeanors. When a person is sent to a local jail, typically for confinement as a condition of probation, they are not actually convicted of a felony, which would allow their voting rights to be stripped.



DOJ Asks Federal Court to Bar Tax Preparer
Legal Career News | 2006/12/28 22:27

WASHINGTON - The Justice Department announced today that it has sued a federal income tax preparer in U.S. District Court in Miami seeking to bar her from preparing tax returns for others. According to the government’s civil injunction complaint, Tashanna McFarland of Miramar, Fla., prepared federal tax returns claiming fraudulent fuel tax credits, a scam that the complaint explains is a serious enforcement problem for the Internal Revenue Service (IRS). The suit alleges that McFarland operates her tax preparation business out of a booth at a flea market in Miami.

Federal law imposes a fuel tax on gasoline and diesel fuel sold in the United States. The tax is included in the purchase price at the pump. Businesses can claim a fuel tax credit in certain rare circumstances, but most businesses and consumers who use cars or trucks on roads and highways are not eligible for the credit. According to the government’s complaint, McFarland claimed the fuel credit on her customers’ returns so they could claim tax refunds to which they were not entitled.

The complaint says that on a return for one customer—a babysitter—McFarland claimed that the customer purchased 16,451 gallons of gasoline for business-related purposes. The suit notes that for such a claim to be accurate, the babysitter (whose total income for the year was $9,316) would have had to spend approximately $36,192 for gasoline that year—nearly four times her total income—and would had to have driven approximately 246,765 miles during the year, an average of 676 miles each day, seven days a week.

The government complaint alleges that McFarland has prepared at least 970 returns since 2003 and the IRS has identified over $1.5 million dollars in fraudulent fuel tax credits on McFarland-prepared returns. “People who have their returns prepared by others should review them carefully to make sure they are truthful,” said Eileen J. O’Connor, Assistant Attorney General for the Justice Department’s Tax Division. “The preparer who seems to be saving you taxes now is setting you up for trouble later, when the IRS realizes that you filed a false return and obtained a larger refund, or paid less in taxes, than you should have.”

“This problem is primarily being caused by unscrupulous tax return preparers located across the country," said Kathy Petronchak, Commissioner of the IRS Small Business / Self Employed Division. "The IRS is working closely with the Department of Justice to stop this behavior."

Since 2001, the Justice Department’s Tax Division has obtained more than 215 injunctions to stop the promotion of tax fraud schemes and the preparation of fraudulent returns.



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