
PAPER CHASE |  
|
Serious law. Primary sources. Global perspective. |
|
|

 |
 |

|
 |
|
|

Tuesday, February 09, 2010 |

Former Intel executive pleads guilty to insider trading in Galleon probe
Sarah Miley at 3:30 PM ET

[JURIST] Former Intel Capital [corporate website] executive Rajiv Goel pleaded guilty [press release, PDF] to insider trading charges on Monday in connection with the probe surrounding Galleon Group [partnership website] hedge fund founder Raj Rajaratnam [Financial Times profile; JURIST news archive] and former hedge fund consultant Danielle Chiesi. The US Attorney's Office for the Southern District of New York alleged that:
From 2007 through 2009, Goel and Rajaratnam (who met in the 1980s while attending the same business school) engaged in an insider trading scheme in which Goel obtained material, nonpublic information ("Inside Information") relating to Intel and provided that information to Rajaratnam. Goel provided the Inside Information with the understanding that Rajaratnam would trade on it, in breach of his fiduciary and other duties of trust and confidence owed to Intel. Goel provided Inside Information to Rajaratnam because of his friendship with Rajaratnam, from which Goel benefited in various ways, including financially.
Goel pleaded guilty to one count of conspiracy to commit securities fraud and one count of securities fraud. The charges carry a potential 25 year sentence and over 5 million dollars in fines. Goel is the ninth defendant to plead guilty out of 21 charged in the probe.
Rajaratnam and Chiesi were arrested in October and charged [complaint, PDF] along with four other individuals and two business entities with insider trading. The complaint alleged that the individuals, including a managing director at Intel Corp., a director at McKinsey & Co., and a senior executive at IBM [corporate websites], provided Galleon Group and another hedge fund with material nonpublic information about several corporations upon which the funds traded, generating $25 million in illicit gain. Rajaratnam and Chiesi pleaded not guilty in December after being indicted for insider trading [JURIST reports].


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page


ICC considering investigation into recent Nigeria violence
Sarah Paulsworth at 2:04 PM ET

[JURIST] The International Criminal Court (ICC) [official website] will consider a petition from the Socio-Economic Rights and Accountability Project (SERAP) [advocacy website] calling for an investigation into recent violence in Jos, Nigeria, according to a response letter [text, PDF] sent to SERAP Monday. SERAP lawyer Femi Falana welcomed [press release, DOC] the ICC's response, saying:
This is an important decision; we look forward to the ICC getting fully involved and addressing the subject matter of the petition. Given the persistent lack of political will by the Nigerian government to address the problem, we believe the intervention by the ICC in this case is especially important as the ICC can once and for all address the responsible of those who instigated the violence in Jos. The ICC decision is also an important development for the tens of thousands of victims of the latest violence and previous outbreaks of deadly violence in Jos. Ending impunity for the cycle of violence in many parts of Nigeria is absolutely important for sustainable peace, stability and security, and for the country’s social, economic and political development.
SERAP sent a letter [text, DOC] to International Criminal Court (ICC) [official website] chief prosecutor Luis Moreno-Ocampo [official profile] last week requesting an inquiry [JURIST report] into the spate of religious violence [BBC report] that erupted in Jos in January.
Violence between Muslims and Christians in Jos claimed at least 326 lives in January. Jos is located between Nigeria's predominantly Muslim north and Christian south. Riots also took place in Jos in 2001 and 2008. While most Jos Christians back the ruling People's Democratic Party (PDP), the majority of Muslims back the opposition All Nigeria People's Party (ANPP). SERAP allegations that the Nigerian government is unable to meet its obligations to protect human rights have compounded the country's existing political turmoil [JURIST report], as ailing President Umaru Yar'Adua [BBC profile] is out of the country receiving medical treatment in Saudi Arabia.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page


Philippines prosecutors charge 197 for November massacre
Ann Riley at 1:39 PM ET

[JURIST] The Philippine Department of Justice (PDOJ) [official website] on Tuesday charged 197 people with murder [press release] in connection with the November massacre in the semi-autonomous Maguindanao province that left 57 dead. Among those charged is Andal Ampatuan Sr., a former political ally to President Gloria Macapagal-Arroyo [official website; BBC profile], head of a Muslim clan, and former governor of Maguindanao province. Prosecutors allege that the powerful Ampatuan clan took supporters of Esmael Mangudadatu [Manila Times profile], Ampatuan's son's opposition candidate in the May Maguindanao governor elections, Mangudadatu's wife and pregnant sister, and journalists to a remote hilltop where the victims were murdered and buried. A PDOJ panel, headed by Senior State Prosecutor Leo Dacera, created a 78-page resolution concluding that the massacre was the result of a conspiracy. The PDOJ also submitted evidence to conclude that members of the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP) [official websites] participated in the preparation and massacre. The resolution states:
Considering such positive identification of these respondents as direct participants in the commission of the crime of murder, they should be indicted. ... There is direct evidence that these respondents agreed to commit the crime. Their acts and the attendant circumstances surrounding the commission of the crime unveil a common aim that would make all of them co-principals in the crime committed.
In December, the PDOJ began the trial [JURIST report] of more than 600 people charged with rebellion for allegedly interfering with government operations following the killings. Several of Amapuan Sr.'s sons, including Andal Ampatuan Jr., the mayor of the southern Philippine town of Datu Unsay, have also been charged. Amapuan Jr. has pleaded not guilty [JURIST report] to 41 counts of murder. Arroyo imposed martial law [JURIST report] and suspended habeas corpus in the province in the wake of the killings. She later lifted the conditions, following international pressure and domestic legal challenges [JURIST reports].


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page


Sri Lanka president dissolves parliament, calls for early elections
Sarah Paulsworth at 12:10 PM ET

[JURIST] Sri Lankan President Mahinda Rajapaksa [official website, in Sinhala] dissolved Parliament [official website] on Tuesday and called for early parliamentary elections. The country's parliamentary elections could now be conducted [BBC report] as early as April 8, with the new parliament convening as early as April 22. It is believed that Rajapaksa is trying to harness momentum from the presidential election in January, in which he was re-elected, to gain more seats in parliament for his political party, Freedom Alliance. This move comes just one day after Sri Lankan military police arrested [JURIST report] defeated opposition presidential candidate and former general Sarath Fonseka [BBC profile]. The Sri Lankan Media Centre for National Security (MCNS) announced [press release] that Fonseka was arrested "in connection with certain fraudulent acts and other military offences." Officials said Tuesday that Fonseka will face a court-martial.
Last week, 37 people, most of them military officers, were arrested in connection to an alleged assassination attempt against current Rajapaksa. The Sri Lankan Supreme Court ruled last week that Rajapaksa's second term [JURIST report] will begin in November. The apparent victor in January's elections, Rajapaksa defeated Fonseka by an official margin of 18 points, winning re-election to a second term in office. Fonseka has disputed [Al Jazeera report] the results, however, saying violence and vote-counting irregularities invalidated the outcome.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page


Bahrain using torture to extract confessions: HRW
Sarah Miley at 11:47 AM ET

[JURIST] The government of Bahrain has reverted to using torture [press release] to gain confessions from detainees after a decade of reform banning such practices, according to a report [text] released Monday by Human Rights Watch (HRW) [advocacy website]. HRW conducted interviews with 20 former detainees who claimed that they had suffered torture and ill-treatment as early as 2007. The reversion appears to coincide with the rising political tension between Shia Muslims and the Sunni-run government. As confrontations became more violent, several Shia protesters were arrested by security forces and reportedly tortured during interrogations:
Security officials appear to have utilized a specific repertoire of techniques against many of those arrested designed to inflict pain and elicit confessions. These techniques included the use of electro-shock devices, suspension in painful positions, beating the soles of the feet (falaka), and beatings of the head, torso, and limbs. Some detainees also reported that security officials had threatened to kill them or to rape them or members of their families. Many detainees were subjected to more than one of these practices. The use of these techniques, separately and in combination, violates Bahrain’s obligations as a state party to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture) and other international treaties, as well as the prohibition of torture in Bahraini law.
The report also claims that prosecutors "failed to respond appropriately to [detainees'] complaints of ill-treatment" by not launching formal investigations and administering medical examinations. Officials with the Ministry of Interior and the Public Prosecution Office [official websites, in Arabic] claim that the "allegations had been fabricated" through a conspiracy created while the detainees were confined together. HRW stated that these claims were negated by medical reports, court papers, and evidence that many of the detainees interviewed were kept in solitary confinement. The detainees' allegations were strengthened when a Bahraini court acquitted all defendants on all charges on the basis of medical reports that evidenced that "defendants had been physically coerced into confessing."
Arrests of Shia protesters increased when Bahrain's King Hamad bin Issa al-Khalifa [BBC profile] ratified [JURIST report] a controversial protest law in 2006 that some rights groups suggest could be inconsistent with common international rights standards. The Amendments to Law 18/1973 criminalizes unauthorized protests, prohibits foreign nationals from demonstrating, and bans demonstrators from certain public places such as hospitals, airports, and near diplomatic offices and other international organizations. HRW suggested that the Amendment may run afoul of Article 21 of the International Covenant on Civil and Political Rights (ICCPR) [text], which Bahrain has not yet ratified.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page


Germany court rules welfare law unconstitutional
Ann Riley at 10:45 AM ET

[JURIST] Germany’s Federal Constitutional Court [official website, in German] ruled [judgment, in German] Tuesday that the country's five-year-old social welfare benefit law is unconstitutional. The benefit, known as Hartz IV, merges unemployment and social assistance programs and is only granted where individuals do not have sufficient means, income, or property of their own. Under the current structure, the standard benefit for single adults is €345; €311 for spouses, civil partners, and live-in partners; €207 for children under 14 years; and €276 for children 15 years old or older. The court determined [press release, in German] that the provisions of the standard benefit calculations for adults and children do not abide by the constitutional requirements of Articles 1.1 and 20.1 of Germany's Basic Law [text, PDF; in German], which guarantee a minimum benefit that provides the means to live with basic human dignity. The court gave the legislature until the end of 2010 to create new guidelines, including a provision to guarantee a dignified minimum income.
The Hartz IV is the fourth act in a series of reforms developed by the Commission on the Modern Services in the Labor Market (Hartz Commission) [materials, in German], established in 2002 to reform the labor market and develop a more efficient public service employment system. In October, the Constitutional Court conducted oral hearings for three cases [press releases, in German] questioning whether the standard benefits were compatible with the Basic Law. Previously, Germany's Federal Social Court [official website, in German] held in 2009 the Hartz IV provision for children under 14 years is unconstitutional [press release, in German]. Additionally, the Federal Constitutional Court held in 2007 that the formation of job centers established by Hertz IV, in part violated [press release, in German] the constitution.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page


African Union calls for hybrid court to try Darfur genocide cases
Andrea Bottorff at 9:06 AM ET

[JURIST] The African Union (AU) [official website] on Monday called for a hybrid court of Sudanese and foreign judges to hear trials of individuals accused of war crimes in Darfur [JURIST news archive]. The AU Implementation Panel, led by former South African president Thabo Mbeki [ANC profile], renewed its request for the combined court a week after the International Criminal Court (ICC) [official website] issued a ruling to reconsider genocide charges against Sudanese President Omar al-Bashir [JURIST news archive]. The AU had issued a statement condemning the ICC decision and stressing the need for African participation [press release] in seeking justice in Sudan:
The African Union is confident that, with genuine support from the international community, the Sudanese people have the capacity to triumph over their long-standing divisions and accelerate the process of the pursuit of democracy and development. On its part the AU, which was the first to take the initiative and assume responsibility for peace and protection in Darfur, will remain actively engaged, as the crisis in Sudan is also Africa’s crisis; indeed, it profoundly affects the continent’s largest country at a critical moment in its national history, as well as its many neighbours and the continent as a whole. The African Union is convinced that the achievement of lasting peace, justice and reconciliation in Sudan requires Sudanese ownership and Africa’s leadership, with the full support of the international community.
Mbeki suggested that the hybrid court would help maintain Sudanese confidence [News24 report] in achieving justice for the people of Darfur.
Last week, the Appeals Chamber of the ICC reversed [JURIST report] a Pre-Trial Chamber decision that denied the application for an arrest warrant on genocide charges against al-Bashir. The court emphasized that the reversal was procedural in nature and declined to enter a finding of genocidal intent or to order the Pre-Trial Chamber to issue a genocide warrant for al-Bashir, as requested [text] by ICC Prosecutor Luis Moreno-Ocampo [official profile]. The case has now been remanded back to the Pre-Trial Chamber to reconsider whether al-Bashir acted with genocidal intent. In a letter to the AU last month, Human Rights Watch [advocacy website] urged Sudan to accept ICC war crimes decisions [letter text] in addition to any combined Sudanese and foreign court. The AU High-Level Panel on Darfur first suggested a hybrid court in an October report [text, PDF] to the AU Peace and Security Council.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page


Chinese-American sentenced to 15 years following espionage conviction
Hillary Stemple at 8:41 AM ET

[JURIST] Former Boeing [corporate website] engineer Dongfan "Greg" Chung was sentenced Monday to 15 years in prison, following his July 2009 conviction [JURIST report] under the 1996 Economic Espionage Act [DOJ backgrounder]. Chung, a native of China, was convicted by the US District Court for the Central District of California [official website] in a non-jury trial of stealing corporate trade secrets related to the US Space Shuttle program and turning them over to China. Chung was convicted on charges [indictment, PDF] related to more than 300,000 sensitive documents that were found in his home, including conspiracy to commit economic espionage, six counts of economic espionage to benefit a foreign country, one count of acting as an agent of the People’s Republic of China, and one count of making false statements to the FBI. Prosecutors recommended a 20-year sentence [AP report] as a way to deter future cases of espionage against the US. The 15-year sentence is viewed as a life sentence for Chung who is 74 years old.
Chung was arrested [JURIST report] in February 2008. He worked for Rockwell International from 1973 until its defense and space unit was acquired by Boeing in 1996, and he continued to work for Boeing as an employee and then as a contractor through 2006. Chung's arrest resulted from an investigation into the case of Chi Mak [JURIST report], a Chinese-American engineer convicted [BBC report] in 2007 of conspiring to smuggle sensitive naval intelligence data to China and sentenced [JURIST report] to more than 24 years in prison.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page


China earthquake activist sentenced to 5 years in prison for subversion
Megan McKee at 8:05 AM ET

[JURIST] A Chinese court on Tuesday sentenced human rights activist Tan Zuoren to five years in prison on subversion charges. Amnesty International (AI) [advocacy website] says that Zuoren sought to release an independent report [AI report] documenting the lethal consequences of substandard construction in the Sichuan province's 2008 earthquake [BBC backgrounder], which left some 90,000 dead. Although Zuoren was charged with and convicted of inciting subversion to state power, allegations stemming from e-mails critical of the government's 1989 policy toward the Tiananmen Square [NYT backgrounder] pro-democracy demonstrators, AI and Zuoren's supporters maintain the earthquake report is the reason [NYT report] for his arrest and conviction. AI has urged the government to release Zuoren, and Zuoren's lawyer has reported his intentions to appeal the ruling.
A Chinese court sentenced another earthquake activist [JURIST report] Huang Qi to three years in prison in November on the charge of illegally holding state secrets. Huang was a critic of the Chinese government's handling of the 2008 disaster. After the quake, he posted articles online criticizing the government's response and talked to foreign media outlets about how some children's deaths were the result of poorly-built schools. AI issued a statement [text] in July urging China to drop the charges against Huang and release him from custody.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page


EU, US condemn Iran human rights violations
Ximena Marinero at 7:28 AM ET

[JURIST] The European Union (EU) and the US government on Monday issued a joint statement [text, PDF] condemning Iranian human rights violations since the disputed June presidential election [JURIST news archive]. According to the statement, the Iranian government must respect international human rights principles, especially during the coming anniversary of the founding of the 1979 Islamic Republic [BBC backgrounder] this week. The joint statement declares that the EU and the US:
are particularly concerned by the potential for further violence and repression during the coming days, especially around the anniversary of the Islamic Republic's founding on 11 February. We call on the Government of Iran to live up to its international human rights obligations, to end its abuses against its own people, to hold accountable those who have committed the abuses and to release those who are exercising their rights.
Also on Monday, US Defense Secretary Robert Gates [official profile] and French President Nicolas Sarkozy [official website, in French] declared that Iran should receive stronger sanctions [VOA report] in response to news that the Iranian government had informed the International Atomic Energy Agency (IAEA) of plans to begin enriching uranium for medical purposes on Tuesday.
The Iranian government continues to prosecute its citizens for their alleged roles in protesting the 2009 presidential elections. Earlier this week, former Iranian deputy foreign minister Mohsen Aminzadeh was sentenced [JURIST report] to six years in prison, making him the highest ranking official convicted thus far. Two individuals were hanged [JURIST report] in January, and the Fars News Agency [official website] has reported [JURIST report] that nine more will soon be executed for their roles in the post-election protests. Last month, Amnesty International [advocacy website] labeled [JURIST report] human rights violations committed by the Iranian government following the election among the worst of the past 20 years. In September, human rights groups called for [JURIST report] the UN General Assembly [official website] to appoint a special envoy to investigate allegations of rights violations. Alleged human rights abuses of detainees include sexual assault, beatings, and forced confessions [JURIST reports].


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page


Former UK foreign minister denies ignoring legal advice against Iraq invasion
Ximena Marinero at 6:31 AM ET

[JURIST] Former UK Foreign Ministry secretary Jack Straw [parliamentary profile] testified [transcript, PDF; video] to the Iraq Inquiry [official website] on Monday that he did not ignore legal advice that the 2003 Iraq invasion lacked basis in international law. During Straw's second appearance before the public inquiry, he explained that he noted but did not accept the advice of former chief legal adviser to the UK's Foreign and Commonwealth Office (FCO) [official website] Sir Michael Wood [UN profile, PDF] because he believed that Wood's January 2003 advice contradicted his prior counsel. Straw also characterized the decision by former UK attorney general Peter Goldsmith [professional profile] that a second UN resolution was unnecessary as:
not a decision on the merits of taking military action? it was a question as to whether we could consider those merits. The two are different. Advice that we had a legal option to 6 take military action then allowed us to consider the moral and political case for that military action.
Wood told the Iraq Inquiry last month that he had advised the Foreign Ministry that the 2003 Iraq invasion was illegal [JURIST report]. Wood testified that the invasion was "contrary to international law" because it was never authorized by the UN Security Council [official website], and that Straw had rejected his advice at the time. Earlier this month, the Iraq Inquiry released [JURIST report] a 2002 letter [text, PDF] from Goldsmith to former secretary of defense Geoffrey Hoon [personal profile] in which he warned the Cabinet that the Iraq invasion was not supported by international law. Former UK prime minister Tony Blair [official profile; JURIST news archive] is also facing criticism over the legality of the Iraq War. In testimony to the Iraq Inquiry, former UK international development secretary Clare Short said that Blair was "misleading" and "deceitful" [JURIST report] with the Cabinet and parliament regarding the Iraq invasion.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

Monday, February 08, 2010 |

Sri Lanka military police arrest defeated opposition candidate
Steve Dotterer at 1:08 PM ET

[JURIST] Sri Lankan military police on Monday arrested defeated opposition presidential candidate and former general Sarath Fonseka [BBC profile]. The Sri Lankan Media Centre for National Security (MCNS) announced [press release] that Fonseka was arrested "in connection with certain fraudulent acts and other military offences." Fonseka, who orchestrated the successful military campaign against the Liberation Tigers of Tamil Eelam (LTTE) [JURIST news archive] in May, unsuccessfully attempted to turn the military campaign to political advantage in January's presidential elections [NYT report].
Last week 37 people, most of them military officers, were arrested in connection to an alleged assassination attempt against current President Mahinda Rajapaksa [official website]. The Sri Lankan Supreme Court ruled last Tuesday that Rajapaksa's second term [JURIST report] will begin in November. The apparent victor in January's elections, Rajapaksa defeated Fonseka by an official margin of 18 points, winning re-election to a second term in office. Fonseka has disputed [Al Jazeera report] the results, however, saying violence and vote-counting irregularities invalidated the outcome.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

| For more legal news check the Paper Chase Archive...
|
|
|

|
 | 
| Dekalb, Illinois | 9:41 AM ET |

| Plano, Texas | 9:41 AM ET |

| Omaha, Nebraska | 9:40 AM ET |

| Denver, Colorado | 9:36 AM ET |

| Buenos Aires, Argentina | 9:35 AM ET |

| Assonet, Massachusetts | 9:31 AM ET |

| Livingston, New Jersey | 9:30 AM ET |

 Powered by MapStats | refresh
|
|
SYNDICATION | |
|
 | 
Add Paper Chase legal news to your RSS reader or personalized portal:
|
E-MAIL | |
|
ABOUT | |
|
 | 
Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.
|
|
|