Archive for the ‘Criminal Law’ Category
WASHINGTON (May 17) – The Supreme Court ruled Monday that federal officials can indefinitely hold inmates considered “sexually dangerous” after their prison terms are complete. In case U.S. v. Comstock, 08-1224, the issue is may congress authorize the civil commitment of a “sexually dangerous” person even after that person has completed his or her prison sentence?
The high court in a 7-2 judgment reversed a lower court decision that said Congress overstepped its authority in allowing indefinite detentions of considered “sexually dangerous.” ... Read Full Story
According to a legal action filed yesterday in New York, Bernie Madoff’s prison associates are quite cast of characters. Right now Madoff shares a jail cell with a 21-year-old drug dealer and hangs out with a former crime boss and an Israeli spy.
Attorneys who interviewed Madoff in jail in July used information obtained from him to file a series of claims against major banks and accountancy firms, in an action that also throws light on Madoff’s life behind bars… ... Read Full Story
Pfizer pleaded guilty to a felony crime for “…for misbranding Bextra with the intent to defraud or mislead.” Read more from the actual DOJ documents.
The feds relied heavily on evidence from a half-dozen whistleblowers who give testimony that eventually proved Pfizer fraudulently marketed Bextra. This settlement is the largest health fraud settlement in U.S. history.
What Pfizer did was ask the FDA for the approval of Bextra to be used for several diseases and conditions, but the FDA refused those approvals. Pfizer then went ahead anyway and off-label marketed the drugs for those diseases and conditions.
The key whistleblower was West Point grad John Kopchinski, who was hired by Pfizer as a sales rep when he left the Army in 1992. Kopchinski, 45, was fired by the company in 2003.
Kopchinsk was talking with lawyers by then about evidence he had accumulated on how Pfizer was marketing Bextra, a painkiller withdrawn from the market in 2005 amid safety concerns… ... Read Full Story
The Huffington Post writes:
Rapper Corey “C-Murder” Miller has been sentenced to life in prison for his second-degree murder conviction.
District Judge Hans Liljeberg gave Miller the mandatory life sentence on Friday, days after the rapper was found guilty of the 2002 killing by a Louisiana jury.
The 38-year-old Miller was convicted of shooting 16-year-old fan Steve Thomas at a now-closed nightclub in Harvey.
It was the second time that a jury convicted Miller in the case, but a 2003 conviction was overturned.
Miller has been in jail after pleading no contest to two counts of attempted murder in a separate altercation at a nightclub in Baton Rouge in 2001.
Find a lawyer at locatealawyer.com
Reported by The AP Associated Press
UNDERHILL, Vt. – The unassuming ship captain who escaped the clutches of Somali pirates said upon his triumphant arrival home Friday that he was just an ordinary seaman doing his job, not a hero, and he praised the Navy for its daring rescue mission.
“They’re the superheroes,” Richard Phillips said. “They’re the titans. They’re impossible men doing an impossible job, and they did the impossible with me. … They’re at the point of the sword every day, doing an impossible job every day.”… ... Read Full Story
Reorted by AP Associated Press
TEHRAN, Iran – Secretary of State Hillary Rodham Clinton said Saturday she is “deeply disappointed” by Iran’s sentencing of an American journalist in closed-door trial.
A lawyer for journalist Roxana Saberi said the 31-year-old dual American-Iranian citizen was convicted of spying and sentenced to eight years in prison.
Clinton said in a statement the U.S. is working with Swiss diplomats in Iran to get details about the court’s decision and to ensure Saberi’s well-being. Clinton said the U.S. will “vigorously raise our concerns” with Tehran. She said Saberi was in Iran to learn more about her cultural heritage.
Saberi, a dual American-Iranian citizen, was arrested in late January and initially accused of working without press credentials. But earlier this month, an Iranian judge leveled a far more serious allegation, charging her with spying for the United States… ... Read Full Story
Responding to a deadline in a court case brought by the American Civil Liberties Union, the Obama administration released four Justice Department memos providing a legal rationale for techniques the ACLU and other critics likened to torture — and that Obama has since ended by executive order.
Obama and Attorney General Eric Holder said CIA interrogators would not be held accountable because their actions had been sanctioned by the Justice Department. Holder also said the government would defend them against any lawsuits and seek to indemnify them against monetary judgments.
This is a time for reflection, not retribution,” Obama said in a statement. “We have been through a dark and painful chapter in our history. But at a time of great challenges and disturbing disunity, nothing will be gained by spending our time and energy laying blame for the past.”
ACLU Executive Director Anthony Romero criticized the decision not to prosecute those who authorized and conducted the interrogations. “There can be no more excuses for putting off criminal investigations of officials who … broke the law,” he said.
A USA TODAY/Gallup Poll in late January found that nearly two-thirds of Americans favored investigations into the torture allegations. Four in 10 wanted criminal probes.