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NY court upholds conviction of California financer
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2013/10/23 11:14
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A New York appeals court has upheld the conviction of a California finance researcher who used code words like "recipes," "cooks" and "sugar" to disguise an insider trading scheme.
The 2nd U.S. Circuit Court of Appeals in Manhattan on Wednesday rejected various arguments made by Winifred Jiau.
She was convicted in June 2011 of wire fraud and conspiracy to commit securities fraud.
The Fremont, Calif., resident is serving a four-year prison sentence. She is scheduled to be released in June.
The appeals court rejected her request for a new trial. She had argued that the government was wrong to use as evidence recordings that were made because a worker could not hear well. |
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Chile top court confirms block on Barrick mine
Headline Topics |
2013/09/30 13:37
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Chile's Supreme Court confirmed on Wednesday the suspension of Barrick Gold Corp.'s Pascua-Lama gold mine straddling the border with Argentina, but the court stopped short of ordering a re-evaluation of the environmental permit for the $8.5 billion project high in the Andes.
An indigenous community living below the mine had asked the Supreme Court to revoke Barrick's license and require the world's largest gold-mining company to prepare a new environmental impact study.
The Diaguita Indians, who accuse Barrick of contaminating their water downstream, earlier won an appellate ruling that ordered a freeze on construction of the project until the Toronto-based company builds infrastructure to prevent water pollution.
But they wanted to go further and had appealed that ruling from the court in the northern city of Copiapo in hopes of forcing Barrick to apply for a new permit that takes into account their anthropological and cultural claims to the watershed below the mine.
On Wednesday, the Supreme Court ruled the measures issued by the Copiapo Court "are sufficient to protect the constitutional guarantees that have been denounced as violated." The court also ordered "a suspension of the Pascua-Lama mining project" until environmental commitments and all works to protect the water systems are adopted. |
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Custody dispute goes to Okla. Supreme Court
Headline Topics |
2013/09/03 19:46
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An Oklahoma man who is seeking custody of his Cherokee daughter has appealed a lower court decision to the Oklahoma Supreme Court.
Dusten Brown filed a writ of prohibition Friday in Oklahoma Supreme Court. The filing is appealing a decision from Nowata County District Court.
Brown for years has been fighting Matt and Melanie Capobianco of South Carolina over the custody of 3-year-old Veronica.
Veronica's birth mother put her up for adoption. Brown is Veronica's birth father and a member of the Cherokee Nation. He fought the Capobiancos' adoption of Veronica under the Indian Child Welfare Act.
Brown and the Capobiancos were in a Nowata County court Friday, but a gag order meant neither side would comment. |
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Ore. appeals court reverses sex abuse conviction
Headline Topics |
2013/08/15 09:55
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The Oregon Court of Appeals has overturned the conviction of a man found guilty of sodomy and sex abuse after it ruled a lower court erroneously allowed a previous victim of his to testify.
Prosecutors said the previous conviction was necessary to show Javier Roquez knew what he was doing was a crime. Roquez's defense team said the conviction, from 2006, should have been inadmissible because it wasn't related to the new rape case.
Roquez was accused of raping a woman with whom he was having an affair in May 2010 in the Oregon city of Irrigon. According to the original police report, Roquez and the woman were each married to other people, and their families were friends.
The woman, who lived in Kennewick, Wash., decided to call off the affair, but said Roquez threatened to tell their spouses unless she would have sex with him a last time. During intercourse, the woman said she tried to leave but Roquez refused to let her go, despite her pleas, and said the sex turned violent.
A doctor later examined her and found evidence of sexual assault. Roquez was charged with one count of first-degree rape, one count of first-degree sodomy and two counts of second-degree sexual abuse.
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Colo. senators go to court to halt recall efforts
Headline Topics |
2013/07/17 22:45
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Two Colorado Democratic state senators facing recalls over their support for new gun restrictions argued Wednesday to stop the proceedings, telling a judge the petitions against them are invalid and that no election should be set until judicial review is complete.
State Senate President John Morse of Colorado Springs and Pueblo Sen. Angela Giron argue the recall petitions against them were improperly worded and didn't ask for an election to appoint a successor.
Denver District Court Judge Robert Hyatt heard arguments Wednesday and will rule Thursday afternoon whether to grant a preliminary injunction.
Supporters of the recall maintain their petitions are valid. The Secretary of State's office has agreed and is seeking a court order to force Democratic Gov. John Hickenlooper to set an election date. |
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Court: $1M coverage for Conn. fire victim families
Headline Topics |
2013/06/14 18:37
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Families suing the operator of a Hartford nursing home where 16 patients died in a 2003 fire suffered a setback Monday, when the Connecticut Supreme Court ruled that the home's insurance coverage was $1 million instead of the $10 million claimed by the victims' relatives.
The justices' 3-2 decision reversed a lower court judge's interpretation of Greenwood Health Center's insurance policy in favor of the families. The high court instead found in favor of Boston-based Lexington Insurance Co., a subsidiary of American International Group Inc.
"It just seems completely inadequate," Van Starkweather, an attorney for one victim's family, said about the lower coverage figure. "I'm disappointed. It was a close decision. Three justices went with AIG. Two justices went with the victims."
A lawyer for Lexington Insurance declined to comment Monday.
The fire at Greenwood Health Center on Feb. 26, 2003, broke out after psychiatric patient Leslie Andino set her bed on fire while flicking a cigarette lighter. Officials at the time said it was the 10th deadliest nursing home fire in U.S. history. Andino was charged with 16 counts of arson murder, but was found incompetent to stand trial and committed to a psychiatric hospital.
Relatives of 13 of the 16 victims sued the nursing home's operator for cash damages, saying it failed to adequately supervise Andino. Hartford Superior Court Judge Marshall K. Berger Jr. ruled in 2009 that Greenwood's insurance policy with Lexington provided $250,000 in coverage for each plaintiff and the policy's maximum coverage was $10 million
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Wal-Mart pleads guilty in hazardous waste
Headline Topics |
2013/06/01 11:07
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Wal-Mart Stores Inc. will pay $81.6 million after pleading guilty on Tuesday to criminal charges of improperly disposing of fertilizer, pesticides and other hazardous products that were pulled from stores in California and Missouri because of damaged packaging and other problems.
The retail giant entered the plea in federal court in San Francisco to misdemeanor counts of violating the Clean Water Act and another environmental law regulating pesticides. The fine also settled Environmental Protection Agency allegations.
In Kansas City, Mo., the company pleaded guilty to improperly handling pesticides.
The plea agreements ended a nearly decade-old investigation involving more than 20 prosecutors and 32 environmental groups that has cost Wal-Mart a total of $110 million.
Court documents show illegal dumping occurred in 16 California counties from Del Norte to Orange between 2003 and 2005. Federal prosecutors said the company didn't train its employees on how to handle and dispose hazardous materials at its stores.
The result, prosecutors say, was that waste was tossed into trash bins or poured into sewer systems. The waste also was improperly taken to one of several product return centers throughout the U.S. without proper safety documentation, authorities said. |
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