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Ruling gives Sandusky back $4,900-a-month Penn State pension
Court Watch |
2015/11/15 16:10
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The state must restore the $4,900-a-month pension of former Penn State assistant football coach Jerry Sandusky that was taken away three years ago when he was sentenced to decades in prison on child molestation convictions, a court ordered Friday.
A Commonwealth Court panel ruled unanimously that the State Employees' Retirement Board wrongly concluded Sandusky was a Penn State employee when he committed the crimes that were the basis for the pension forfeiture.
"The board conflated the requirements that Mr. Sandusky engage in 'work relating to' PSU and that he engage in that work 'for' PSU," wrote Judge Dan Pellegrini. "Mr. Sandusky's performance of services that benefited PSU does not render him a PSU
employee."
Sandusky, 71, collected a $148,000 lump sum payment upon retirement in 1999 and began receiving monthly payments of $4,900.
The board stopped those payments in October 2012 on the day he was sentenced to 30 to 60 years in prison for sexually abusing 10 children. A jury found him guilty of 45 counts for offenses that ranged from grooming and fondling to violent sexual attacks. Some of the encounters happened inside university facilities. |
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Kansas Supreme Court to take up school funding case
Court Watch |
2015/11/05 14:36
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A case that has the potential to increase funding for Kansas schools goes before the state Supreme Court today, the same day that economists, legislative researchers and officials in Gov. Sam Brownback’s administration are expected to announce new, more pessimistic revenue projections.
Four districts that are suing the state have asked justices to lift a stay on a lower court ruling and release state funds to public school districts. A three-judge Shawnee County District Court panel found in June that the state’s newly enacted strategy for financing 286 school districts and cuts to state aid for low-income school districts were unconstitutional.
The Supreme Court approved Kansas Attorney General Derek Schmidt’s request for a stay on the order while he pursued an appeal. The state argues in court filings that “doomsday predictions” about students and the state suffering because of how schools are being funded “have proven to be pure hyperbole.”
Education, from K-12 through the collegiate level, is the state’s largest expenditure, accounting for 62 percent of its budget. Any increase in education spending has the potential to create budget havoc when the Legislature reconvenes in January.
Since the current fiscal year began in July, tax collections have fallen about 4.1 percent short of expectations, at $1.8 billion. The state has struggled to balance its budget since Republican legislators slashed personal income taxes in 2012 and 2013 at Brownback’s urging, in an effort to stimulate the economy.
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Supreme Court troubled by DA's rejection of black jurors
Court Watch |
2015/11/03 08:16
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The Supreme Court signaled support Monday for a black death row inmate in Georgia who claims prosecutors improperly kept African-Americans off the jury that convicted him of killing a white woman.
Justice Stephen Breyer likened the chief prosecutor to his excuse-filled grandson. Justice Elena Kagan said the case seemed as clear a violation "as a court is ever going to see" of rules the Supreme Court laid out in 1986 to prevent racial discrimination in the selection of juries.
At least six of the nine justices indicated during arguments that black people were improperly singled out and kept off the jury that eventually sentenced defendant Timothy Tyrone Foster to death in 1987.
Foster could win a new trial if the Supreme Court rules his way. The discussion Monday also suggested that a technical issue might prevent the justices from deciding the substance of Foster's case.
Georgia Deputy Attorney General Beth Burton had little support on the court for the proposition that prosecutor Stephen Lanier advanced plausible "race-neutral" reasons that resulted in an all-white jury for Foster's trial. Foster was convicted of killing 79-year-old Queen Madge White in her home in Rome, Georgia.
Several justices noted that Lanier's reasons for excusing people from the jury changed over time, including the arrest of the cousin of one black juror. The record in the case indicates that Lanier learned of the arrest only after the jury had been seated. "That seems an out and out false statement," Justice Ruth Bader Ginsburg said.
Breyer drew an analogy with a grandson who was looking for any reason not to do his homework, none of them especially convincing.
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Chinese woman pleads guilty in college test-taking scheme
Court Watch |
2015/11/01 08:17
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A Chinese woman pleaded guilty Thursday to conspiring to have two other women take college admissions examinations in her place to help her get accepted to Virginia Tech.
Yue Zou acknowledged having her boyfriend contact a China-based test-taking service.
After that happened, Zou, of Blacksburg, Virginia, supplied her passport information through an online network known as QQ Chat, which enabled people in China to create in her name phony passports that were shipped to her in the United States.
On the passports were the photos of two other Chinese women, who took tests in the Pittsburgh area while pretending to be her.
Assistant U.S. Attorney Jimmy Kitchen told the judge that Zou forwarded results from the Test of English as a Foreign Language, or TOEFL, to Virginia Tech in November 2013 and results of a Scholastic Aptitude Test, or SAT, taken by another Chinese impostor in March 2014.
Zou, from Hegang, a city in the Chinese province of Heilongjiang, paid an unspecified sum for the TOEFL and $2,000 for the SAT, Kitchen told a judge in U.S. District Court in Pittsburgh.
Zou, 21, faces up to five years in prison when she's sentenced in February. She could also be deported, though that will be handled by federal immigration officials in a separate proceeding.
Federal authorities haven't explained how they learned of the scheme.
Zou's attorney, Lyle Dresbold, told the judge that Zou will remain confined to her Blacksburg apartment with an electronic monitoring bracelet until she's sentenced. He told the judge she's still enrolled at Virginia Tech.
University spokesman Mark Owczarski said he could not comment on her status. But he said students found to have submitted work that is not their own to gain admission would face a range of possible sanctions, including expulsion, under the university's honor code.
Zou's TOEFL test was taken by Yunlin Sun, 24, of Berlin, Somerset County. She pleaded guilty in August and faces sentencing in December. Prosecutors say Ning Wei, from Taiyuan, in the Chinese province of Shanxi, took Zou's SAT. She hasn't been arrested, and prosecutors say they believe she returned to China.
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Federal court programs aim to keep defendants out of prison
Court Watch |
2015/10/20 15:11
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Angelique Chacon had emotionally girded herself to spend six years behind bars for selling methamphetamine when her attorney gave her a way out — a new rehabilitation program in U.S. District Court in Los Angeles that might allow her to avoid prison.
Chacon, 31, a former methamphetamine user herself, accepted the pre-trial offer, got a part-time job, took classes at a technical school and graduated from the rehab program last year with a sentence of probation instead of prison.
"I'm a totally different person," she said. "I'm sober. I'm more involved with my family. I'm really there mentally."
Chacon is among hundreds of federal defendants accused of low-level crimes such as smuggling or selling small amounts of drugs who have avoided prison time in recent years with the help of court programs that focus on rehabilitation. Many of the programs offer counseling and treatment for addictions.
About a dozen federal district courts across the country have so-called pre-trial diversion programs — most launched within the past five years. The federal court system in California also has such a program in San Diego and is getting ready to launch another in San Francisco.
"The trend has really taken off," said Mark Sherman, an assistant director with the Federal Judicial Center, the research and education agency of the federal judiciary. "There's a hunger in our system to engage in meaningful criminal justice work, and this is one way of doing it."
Many of the programs function like state drug courts, where defendants with substance abuse problems receive treatment and counseling. Still others focus on young defendants with no requirement that they have drug addictions. Regardless, judges, prosecutors and pre-trial service officers say the goals are the same: To help people overcome obstacles that contributed to their crimes and save money by keeping them out of prison.
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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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