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Court raises sentence for banker who smuggled a Picasso
Stock Market News |
2020/02/02 18:59
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A Spanish court has raised the sentence against a former bank president found guilty of trying to smuggle a painting by Pablo Picasso out of the country.
The Madrid court announced the decision Tuesday to raise the sentence against fined ex-Bankinter head Jaime Botin to three years instead of 18 months. The move came after the prosecution detected an error in the original sentence handed down last month.
The court also raised the amount Botin was fined from 52.4 million euros ($57. 9 million) to 91.7 million euros.
The trial last year heard how a team of Spanish police experts flew to the French island of Corsica in 2015 to retrieve the painting, Picasso’s masterpiece “Head of a Young Woman.” The Spanish government had ruled in 2012 that the painting, which is valued at some 24 million euros ($26.5 million), could not be taken out of the country.
The work was owned by Botin, an uncle of Ana Botin, president of the powerful Santander banking group.
Corsican authorities said they had been tipped off about an attempted smuggling of the prized painting from Spain by boat. They said the oil painting, which comes from the Cubist master’s “pink period” and features a woman with long black hair, was seized when the boat’s captain was unable to produce a proper certificate.
On the boat, authorities found a document in Spanish confirming that the work was of “cultural interest” and was banned from leaving Spain, Picasso’s homeland, without permission.
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Court: Motorcyclist wrong to turn license plate upside down
Stock Market News |
2020/01/30 11:11
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A motorcyclist cited for turning his license plate upside down because he thought “it was cool” has lost another bid to rescind a traffic ticket he received.
In a ruling issued Tuesday, a state appellate court determined that the ticket and the $139 penalty Scott DiRoma received in municipal court were both justified. The ruling upheld a decision issued by a Somerset County judge.
DiRoma was driving his motorcycle in Warren Township in June 2018 when he was stopped by a police officer who noticed his license plate was mounted upside down. DiRoma told the officer he liked the way the plate looked and “wanted to be different,” authorities have said.
A municipal court judge eventually imposed a $106 fine and $33 in court costs after DiRoma was found guilty of violating a state law mandating that license plates be kept clear and distinct.
DiRoma appealed that decision, arguing that the law doesn't prohibit an upside-down license plate on a motorcycle because lawmakers drew a distinction between motorcycle and automobile plates. He also claimed the law is unconstitutionally vague.
The county judge, though, found that lawmakers did not intend for drivers to mount their license plates upside down because it would impact law enforcement's ability to protect the public on roadways.
In rejecting DiRoma's claims, the appellate court ruled an upside-down plate on any type of vehicle causes the reader to view characters in reverse order, which would lead to confusion, doubt, and mistake. That would clearly impede law enforcement’s ability to perform its duties, the judges wrote. |
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Dutch court throws out case against Israeli military chiefs
Stock Market News |
2020/01/27 11:08
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A Dutch court threw out a civil case Wednesday brought by a Dutch-Palestinian man seeking damages from two former Israeli military commanders for their roles in a 2014 airstrike on a Gaza house that killed six members of his family.
The Hague District Court ruled that the case filed by Ismail Zeyada can't proceed because the commanders, including high profile former military chief Benny Gantz, have immunity.
Zeyada was attempting to sue Gantz, who is now a prominent Israeli politician, and former Israeli air force commander Amir Eshel. Neither Gantz nor Eshel was in court for the decision.
Zeyada, who lives in the Netherlands, brought the case in The Hague because he argued he can't successfully hold Israeli military leaders accountable in Israeli courts.
But presiding judge Larisa Alwin said the court can't hear the case because the commanders “enjoy functional immunity from jurisdiction” as their actions were part of a state-sanctioned military operation.
Zeyada said he and his lawyers would study the ruling with a view to appealing. “I owe it to all the Palestinians who have suffered and continue to suffer the same fate, to continue this struggle to achieve what is denied to them: Access to independent justice and accountability for the unspeakable crimes committed against them,” he told reporters outside the courtroom.
The court agreed with the arguments of Dutch lawyers representing the men who said last year they should reject the case for lack of jurisdiction because the commanders have immunity because their actions in the 2014 Gaza conflict were part of an Israeli military operation and that Zeyada was free to sue them in Israel.
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Supreme Court allows enforcement of new green card rule
Headline Legal News |
2020/01/26 11:06
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A divided Supreme Court on Monday allowed the Trump administration to put in place new rules that could jeopardize permanent resident status for immigrants who use food stamps, Medicaid and housing vouchers.
Under the new policy, immigration officials can deny green cards to legal immigrants over their use of public benefits. The justices' order came by a 5-4 vote and reversed a ruling from the 2nd U.S. Circuit Court of Appeals in New York that had kept in place a nationwide hold on the policy following lawsuits against it.
The court's four liberal justices, Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor, voted to prevent the policy from taking effect.
Federal appeals courts in San Francisco and Richmond, Virginia, had previously overturned trial court rulings against the rules. An injunction in Illinois remains in effect but applies only to that state.
The lawsuits will continue, but immigrants applying for permanent residency must now show they wouldn't be public charges, or burdens to the country.
The new policy significantly expands what factors would be considered to make that determination, and if it is decided that immigrants could potentially become public charges later, that legal residency could be denied. Under the old rules, people who used non-cash benefits, including food stamps and Medicaid, were not considered public charges. |
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Court takes another look at Native American adoption law
Court News |
2020/01/22 09:48
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A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.
A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.
Opponents of the law — including non-Indian families who have sought to adopt American Indian children — sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments.
A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.
A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.
Opponents of the law — including non-Indian families who have sought to adopt American Indian children — sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments. |
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Investment Fraud Litigation |
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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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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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