Tuesday, March 11, 2014

Man pleads guilty to sea cucumber smuggling charge

Federal prosecutors in San Diego say a man has pleaded guilty to charges he smuggled 100 pounds of dried sea cucumber into the United States from Mexico. Sea cucumbers are leathery-skinned marine animals used in some folk medicine practices. United States Attorney Laura E. Duffy says Cheng Zhuo Liu (chuhng joo-oh lee-oo), a resident of Chula Vista, admitted to tucking the sea cucumbers into the spare tire area of his car before crossing the border last October. According to the US attorney's office, their market value was between $5,000 and $10,000. The particular species Liu had is protected under international trade rules, and requires a permit for import.

Driver pleads guilty in deadly bus stop crash

A driver who plowed into a Riverside bus stop, killing a woman and a 7-year-old girl, has pleaded guilty to involuntary manslaughter. The Press-Enterprise reports 46-year-old Joe Williams was ordered Thursday to serve six months in custody of the Sheriff's Department, but his sentence could include a work-release program in lieu of jail time. Williams was indicted after prosecutors told a grand jury that he had a history of blackouts seizures and should not have been driving. Authorities say Williams, a parking enforcement agent, blacked out at a red light on Dec. 28. When motorists behind him honked their horns, Williams accelerated, veered up onto the shoulder of the road and crashed into a bus bench. Twenty-eight-year-old Melissa Bernal and 7-year-old Aniya Mitchell were killed.

Coast Guardsman guilty in sexual misconduct case

Coast Guard officials in New Orleans say a petty officer has been convicted and sentenced on charges involving sexual assault and possession of child pornography. Petty Officer 2nd Class Christopher C. Bush's court martial was held in Norfolk, Va. A Coast Guard news release said the 28-year-old Bush was convicted Friday on four violations of a Uniform Code of Military Justice article dealing with rape and sexual assault and one involving child pornography. The crimes involved a junior Coast Guard woman and a civilian woman. They happened between January 2010 and May 2013 while Bush was stationed at a unit in New Orleans. The Coast Guard said it was not releasing the name of the unit to protect the privacy of the victims.

3 California men plead guilty in alleged pot grow

Three Northern California men are each facing up to ten years in prison after pleading guilty to charges that they damaged federal conservation land while allegedly growing marijuana. Prosecutors say Chou Vang, Vang Pao Yang and Pao Vang, all of Eureka, each entered their pleas in federal court in San Francisco on Tuesday to one count of willful injury to federal property. The men were accused of clearing away trees and vegetation, using fertilizers, and failing to properly dispose of trash while growing pot in the summer of 2012 in the King Range National Conservation Area along California's Lost Coast. The area provides habitat for four federally-listed threatened species, including Chinook and Coho salmon. As part of a plea deal, prosecutors say they dropped marijuana cultivation charges. The men are scheduled to be sentenced in July.

Thursday, March 6, 2014

Court weighs securities fraud class-action cases

The Supreme Court is considering whether to abandon a quarter-century of precedent and make it tougher for investors to band together to sue corporations for securities fraud. The justices hear arguments Wednesday in an appeal by Halliburton Co. that seeks to block a class-action lawsuit claiming the energy services company inflated its stock price. A group of investors says it lost money when Halliburton's stock price dropped after revelations the company misrepresented revenues, understated its liability in asbestos litigation and overstated the benefits of a merger. Justices threw out the company's first attempt to block the lawsuit in 2011. But Halliburton is now urging the court to overturn a 25-year-old decision that sparked a tidal wave of securities-related, class-action lawsuits against publicly traded companies and has led to billions in settlements. The court's 1988 decision in Basic v. Levinson says shareholders who claim they were defrauded by false statements in securities filings don't have to prove they actually relied on the statements. Rather, the court reasoned that any misrepresentation would be reflected in the current stock price. Even if investors are not aware of the misstatements, they are presumed to be aware of them because they affect the stock price. This presumption, known as the "fraud-on-the-market theory," has become the driving force for modern class-action securities cases. But some economists have questioned whether this theory makes sense anymore, saying it doesn't account for the sometimes random and arbitrary nature of stock trading.

Monday, February 3, 2014

Pakistan court dismisses Musharraf medical request

A Pakistani court hearing the case against former military ruler Pervez Musharraf on charges of high treason rejected Friday a request that he be allowed to go abroad for treatment, his lawyer and a court official said. Instead, they said, it issued an arrest warrant for the retired general. But the warrant is "bailable" — meaning he can avoid jail by applying for bail and depositing a bond of 2.5 million rupees (about $20,000). The court said it didn't have the authority to remove his name from the exit control list which restricts him from going abroad. While Musharraf can't leave the country, it's unlikely he would actually end up in handcuffs immediately and still unclear whether he will ever appear in court — a scene that could be humiliating not just to Musharraf, but to the country's politically powerful military. The judges' decision is the latest in the legal battles that Musharraf has faced ever since returning to his homeland in March 2013 to take part in the country's elections. Instead of returning to a hero's welcome, he was almost immediately hit with a barrage of cases, threats from the Pakistani Taliban and was disbarred from running in the election. A lawyer for Musharraf, Mohammed Ali Saif, said the judges ruled that Musharraf must appear in court on Feb. 7. "We are of the view that no reasonable excuse has been offered to justify the failure of the accused to appear before the court, there is no alternate except to issue a bailable warrant of arrest for the accused," said the court registrar Abdul Ghani Soomro, reading from the court's decision. Musharraf seized power in a 1999 coup, but became deeply unpopular and was forced to step down in 2008. He later left the country. The high treason case stems from his 2007 decision to impose a state of emergency and detain judges.

Monday, January 6, 2014

Ohio courts must report mental health info

Courts in Ohio must now report certain mental health information about people convicted of violent crimes for inclusion in a law enforcement database. A rule approved by the Ohio Supreme Court requiring that notification took effect Jan. 1. The court devised the form to be submitted to law enforcement after legislation was approved last year. The law requires judges to report ordering mental-health evaluations or treatment for people convicted of a violent crime or approving conditional release for people found incompetent to stand trial or not guilty by reason of insanity. The legislation was introduced after a Clark County sheriff's deputy was fatally shot in 2011 by a man with a criminal history who was conditionally released from a mental health institution.