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States urge Supreme Court to hear Kennedy cousin case
Court News | 2018/09/15 12:51
Eleven states are asking the U.S. Supreme Court to hear Connecticut's appeal in the murder case of Kennedy cousin Michael Skakel and reinstate his conviction.

The states filed a friend-of-the-court brief on Monday, saying a ruling in Connecticut's favor is needed to thwart excessive appeals that focused on mistakes made by defense lawyers. The court has not yet decided whether to hear Connecticut's appeal.

Skakel, a nephew of Robert F. Kennedy's widow, Ethel Kennedy, cited his trial lawyer's failure to contact an alibi witness in his successful appeal to the Connecticut Supreme Court.

The state court in 2016 upheld Skakel's 2002 murder conviction in the bludgeoning death of Martha Moxley in their wealthy Greenwich neighborhood in 1975, when they were teenagers. But the court reversed that ruling in May and vacated the conviction, after a justice in the 4-3 majority retired and a new justice sided with Skakel - a move that has also drawn scrutiny.

Connecticut prosecutors argue the state high court did not properly weigh the overall performance of Skakel's defense, which they described as vigorous. They say the U.S. Supreme Court needs to correct a misperception by other state and federal courts that any mistake by defense counsel demonstrates incompetence and warrants a new trial.

The friend-of-the-court brief, filed by Utah Attorney General Sean Reyes' office, said allowing the nitpicking of defense lawyer performance produces a variety of problems, including flooding the courts with appeals as a result of lower legal standards and making it harder for defendants to find lawyers willing to undergo such scrutiny.



Egypt court returns ex-president Mubarak's 2 sons to prison
Legal Focuses | 2018/09/14 12:51
Acting on a judge's order, Egyptian police detained the sons of former president Hosni Mubarak on Saturday along with three others in connection with insider trading charges for which the five are on trial, security officials said.

They said the arrests were ordered by judge Ahmed Aboul-Fetouh before he adjourned the case's hearings until Oct. 20. The Mubarak sons - wealthy businessman Alaa and Mubarak's one-time heir apparent Gamal - were taken to a prison south of Cairo after the hearing, according to the officials, speaking on condition of anonymity because they were not authorized to brief media.

The detention of the two brothers came as something of a surprise given that the trial has been proceeding without incident. It was not immediately clear if their detention has anything to do with a recent warning to Gamal Mubarak by a newspaper editor close to the government to abandon any political ambitions.

The two sons and their father were sentenced to three years in prison following their conviction of embezzling funds set aside for the restoration and maintenance of presidential palaces, using the money to upgrade their private residences. The sons were released in 2015 for time served, while Mubarak walked free last year. The trio paid back to the state the money they embezzled.

The three were first detained in April 2011, two months after a popular uprising forced Mubarak to step down after nearly 30 years in power. After a long trial, Mubarak was acquitted of killing protesters during the 18-day uprising against his autocratic rule.

The ongoing insider trading trial centers on the buying by the two brothers of a large number of shares in a local Egyptian bank that they allegedly knew was to become the target of a takeover by an Arab Gulf investor, a move that was virtually certain to dramatically drive up share prices.


EU backs ICC after US questions court's legitimacy
Attorney News | 2018/09/13 12:52
The European Union's top diplomat says the bloc remains a staunch supporter of the International Criminal Court despite U.S. condemnation of the tribunal.

EU foreign policy chief Federica Mogherini said Thursday that "we will continue to fully and strongly support the ICC and its work."

The Hague-based court was created in 2002 to prosecute war crimes, crimes against humanity and genocide in areas where perpetrators might not otherwise face justice.

Mogherini said the ICC "has strengthened universal justice beyond power politics and beyond geopolitical interests," and added that "accountability is essential to build the foundations for peace."

U.S. National security adviser John Bolton denounced the ICC earlier this week just as a judge weighs whether to investigate allegations of war crimes against U.S. and Afghan personnel in Afghanistan since 2003.



Court: British surveillance violates European law
Legal Focuses | 2018/09/12 12:52
Europe's human rights court handed a partial victory Thursday to civil rights groups that challenged the legality of mass surveillance and intelligence-sharing practices exposed by American whistleblower Edward Snowden.

The European Court of Human Rights ruled that some aspects of British surveillance regimes violated provisions in the European Convention on Human Rights that are meant to safeguard Europeans' rights to privacy.

Specifically, the court said there wasn't enough independent scrutiny of processes used by British intelligence services to sift through data and communications intercepted in bulk.

The ruling cited a "lack of oversight of the entire selection process" and "the absence of any real safeguards."

The court's seven judges also voted 6-1 that Britain's regime for getting data from communications service providers also violated the human rights convention, including its provisions on privacy and on freedom of expression.

But the ruling wasn't all bad for British spies. The court said it is "satisfied" that British intelligence services take their human rights convention obligations seriously "and are not abusing their powers."

The court also gave a green light to procedures British security services use to get intelligence from foreign spy agencies, saying the intelligence-sharing regime doesn't violate the convention's privacy provisions.



The Latest: Authorities: Officer arrested for manslaughter
Securities Class Action | 2018/09/10 14:28
The Texas Department of Public Safety says a white Dallas police officer has been arrested on a manslaughter warrant in the shooting of a black man at his apartment.

The department said in a news release Sunday night that Officer Amber Guyger was booked into the Kaufman County Jail and that the investigation is ongoing. It said no additional information is available at this time. The 30-year-old Guyger killed 26-year-old Botham Jean on Thursday.

Police say Guyger shot and killed Jean after returning in uniform to the South Side Flats, where they both had apartments, following her shift. She reported the shooting to dispatchers and she told officers who responded that she had mistaken Jean's apartment for her own.

The lawyer for the family of a 26-year-old man who was shot and killed by a Dallas police officer who said she mistook his apartment for hers is calling for her to be charged.

S. Lee Merritt, who is representing the family of 26-year-old Botham Jean, said Saturday that the family isn't calling on the authorities to jump to conclusions or to deny Officer Amber Guyger her right to due process.

But he says they want Guyger "to be treated like every other citizen, and where there is evidence that they've committed a crime, that there's a warrant to be issued and an arrest to be made."

Online records show that Guyger hadn't been charged as of Sunday morning.


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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
 
 
 

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