Wednesday, April 11, 2012

Russia drops charge against doctor at prison where lawyer who reported corruption died

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MOSCOW - Russia's top investigative body said Monday it has dropped charges against a doctor suspected of negligence in the case of a prominent lawyer who reported official corruption in Russia, then died in custody while suffering from untreated pancreatitis.
The lawyer, Sergei Magnitsky, had accused Interior Ministry officials of using false tax documents to steal $230 million from the state. He was imprisoned for tax evasion in 2008 and died in custody in November 2009.
A private investigation concluded Magnitsky was severely beaten and denied medical treatment in prison, and it accused the government of failing to prosecute those responsible.
Magnitsky worked for Hermitage Capital, an investment fund owned and run by U.S.-born William Browder, who has since been barred from Russia as a security risk.
On Monday, Russia's Investigative Committee dropped the negligence charge against Dr. Larisa Litvinova, citing a two-year statute of limitations in such probes.
Hermitage Capital sharply criticized the decision, calling it "the latest example of the reluctance within the Russian government to hold anyone accountable" for Magnitsky's death.
"In dropping charges against Ms. Litvinova, the Russian investigators have refused to acknowledge that Sergei Magnitsky had been tortured in custody, a crime that has a 10-year statute of limitations," the investment fund said in a statement.
The lawyer's death was seen as a litmus case for Russian President Dmitry Medvedev's pledge to cement rule of law in Russia. Investors working in Russia have said Magnitsky's death and allegations of torture highlight corruption and the arbitrary nature of Russia's justice system.
Shortly after Magnitsky's death, Medvedev pledged to personally oversee the investigation which has been on for more than two years and is due to be wrapped up later this month.
But the Investigative Committee said Monday it has closed the investigation of Litvinova, the chief physician at the Butyrskaya prison where Magnitsky died, because of the statue of limitations. She was charged with negligence that led to Magnitsky's death, while the prison's deputy chief, Dmitry Kratov, was charged with negligence. The charge was not dropped against Kratov on Monday.
Magnitsky's family and colleagues have accused authorities of delaying the probe and charging only perpetrators, rather than those who might have ordered the lawyer's persecution.
In an apparent response to these claims, the Investigative Committee said Monday that the probe has taken so long because of lengthy medical procedures and the fact that Litvinova and Kratov were both hospitalized for two months last year for unexplained reasons.
The statue of limitations for the charge that Litvinova faced was shortened by Medvedev's amendments to the Criminal Code aimed at reducing the number of crimes that entail criminal liability. Medvedev proposed these amendments in response to criticism of the treatment of jailed businessmen, which was largely inspired by Magnitsky's case.
Investigators have recently re-opened a tax evasion probe against Magnitsky, even though he is dead, saying that it would give his relatives a chance to clear his name. But his family has objected to that, saying it never requested such an opportunity.

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In accordance with the provisions of the national trial lawyers Top 40 40 Rachel Roman is associated with St. Louis ...-PR Web (press release)

St. Louis, MO (PRWEB) 07. April 2012

St. Louis trial lawyer Rachel Roman is an associate, Zevan and Davidson law firm. Rachel has successfully litigated cases, product liability, medical malpractice, personal injury, death, undue liability and toxic to be.

Rachel earned her diploma in nursing, the emphasis is on the perustutkintotason of Loyola University Chicago in 2001. Prior to the school law, he worked as an emergency room registered nurse level 1 trauma centers in Chicago.

In 2006, he graduated from the Saint Louis University School of Law. Law School Rachel earned the certificate of health law, was the lead editor, Saint Louis University Journal of health law and worked as a judicial extern to U.s. Attorney Office of the health care fraud and abuse. Rachel is licensed under the, the policy of the Missouri and Illinois and Missouri in the United States District Court in the Eastern District, Western District of Missouri and the Southern District of Illinois.

Rachel was named a Super lawyer Rising Star, Missouri, in 2009 and 2010. In 2012, he was called to the national trial lawyers association in the Top 40 for 40-year-old Missouri as a lawyer.

Zevan and Davidson on behalf of clients, in addition to the Rachel is her work with the Member States of the Missouri Association of trial lawyer, the women's Lawyers Association of St. Louis, the American Association, the American Bar Association and the Bar Association of Metropolitan Saint Louis. Rachel has taught the responsibility of the regions of the brain damage, and Anatomy and Physiology Bützow.

St. Louis personal injury lawyers and medical malpractice Bützow

Davidson law firm specialised in the provision of medical and Zevan malpractice and personal injury cases throughout Missouri won several more million dollar legal injury on behalf of customers. They can understand, care and sensitivity to the importance of the medical malpractice and personal injury cases. For this reason, and to aggressively pursue legal Zevan Davidson and due compensation for the damage, and, at the same time to protect the mental and physical health more.



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Lawyer: psychics protected by Constitution - UPI.com

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FORT LAUDERDALE, Fla., April 9 (UPI) -- Lawyers representing a Florida family of psychics charged with fraud and conspiracy says the family is protected by freedom of religion and free speech.

Nine members of a fortune-telling Fort Lauderdale family of Roma decent led by Rose Marks were arrested in August on federal fraud conspiracy charges and accused of defrauding their clients of $40 million, the South Florida Sun Sentinel reported Sunday.

The nine family members are free on bail, but are barred from fortune telling or working as spiritual healers while they await trial.

Now, in an effort to get the charges dismissed before the proposed November trial date, defense lawyers argued the family members had a constitutional right to practice fortune telling and spiritual healing because it is a part of their religious beliefs and that fortune telling is protected by freedom of speech.

"Nancy Marks' conduct is rooted in her religion and spirituality," attorney Michael Gottlieb wrote in a 24-page legal document about religious rights. "Based upon this prosecution, the defendant has lost her livelihood and has been unable to make a living using her historical religious and spiritual gifts."

In his request to have the family's charges dismissed, Gottlieb compared their actions to "religious teachers, preachers, and healers and demon chasers," evangelists and the Psychic Friends Network, who have televised shows that often ask for donations.

"Yet none of these individuals... endure the constant derogatory label of being called a Gypsy for simply exercising their faith or practicing their chosen profession. Nor are they vilified and persecuted and prosecuted for espousing their beliefs and profiting ... even when their predictions fall short, miss the mark or are at odds with other genuinely accepted beliefs," Gottlieb wrote.

Prosecutors have not yet responded to the request and the judge is expected to rule on the matter in the next several weeks after hearing from both sides.


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UAE detains 6 Islamists stripped of citizenship: lawyer

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DUBAI (Reuters) - The United Arab Emirates on Monday detained six Islamist activists whose citizenship was revoked last year after they demanded political reform in the Gulf Arab state, their lawyer said.

The UAE, a top oil exporter, has weathered popular uprisings that have toppled four Arab heads of state since last year, thanks in part to its cradle-to-grave welfare system, but it has shown little tolerance towards dissent at home.

Jail terms have been imposed on activists who sought greater power for an elected body. In December, the UAE revoked the citizenship of six nationals it had described as posing a threat to national security.

A daughter of one of the six said her father, Muhammed Abdel Razzaq al-Siddiq, was detained by police on Monday after refusing to sign a declaration to seek a new nationality within two weeks or face imprisonment.

"My father called us... He refused to sign the declaration as now he is stateless, so he was detained along with the other five men," Alaa al-Siddiq told Reuters.

Mohammed al-Roken, a lawyer defending the six, confirmed the six had been detained for refusing to seek an alternative citizenship and said they have been transferred to prison. He also described stripping the six off their nationality as "unconstitutional."

A seventh Emirati, Ahmed al-Suwaidi, whose citizenship was also revoked last year, has been held for weeks, he said.

A UAE official said he was checking the report.

The case has set a precedent in the UAE, raising questions about rights and political reform in the oil producing Gulf Arab state.

Siddiq told Reuters last week he believed his citizenship was revoked because he had signed a petition sent to UAE leaders demanding the country's Federal National Council, an advisory body, be given more powers.

He also said he believed the men have been targeted for their Islamist political orientation. He and the other five men whose citizenship was revoked in December were members of Islamist organization al-Islah (Reform).

The UAE is concerned the rise of the Muslim Brotherhood to power in Egypt after the ouster of President Hosni Mubara, once a close ally of the Gulf Arab state, could embolden its own Islamist community.

Egypt's Brotherhood group has been embroiled in a spat with the UAE over the expulsion of a group of Syrians who refused to disperse after a protest outside their consulate in Dubai. The Dubai police chief accused the Brotherhood of fomenting unrest.

(Reporting by Rania El Gamal; Editing by Karolina Tagaris)


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Rothstein Lawyer Charged With Illegal McCain Campaign Gifts - Bloomberg

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A former associate of convicted Ponzi schemer Scott Rothstein was charged with illegally helping their law firm become the largest contributor to the presidential campaign of Republican John McCain in 2008.

Attorney Steven Lippman, 49, was charged with conspiring to help Rothstein’s defunct law firm, Rothstein, Rosenfeldt & Adler, illegally “bundle” contributions to McCain’s losing campaign against President Barack Obama. He’s also accused of conspiring to draw checks on accounts with insufficient funds and to evade taxes.

Lippman is the eighth person accused of helping Rothstein, a disbarred attorney serving 50 years in prison for the $1.2 billion Ponzi scheme he ran out of his law firm in Fort Lauderdale, Florida. Rothstein pleaded guilty to racketeering, money laundering and wire fraud in federal court in Fort Lauderdale, where Lippman and the others were also charged.

“The breadth, scope, and sheer complexity of Rothstein’s $1.2 billion Ponzi scheme is mind-boggling,” U.S. Attorney Wifredo Ferrer said today in a statement. “Its success depended, in no small part, on the complicity of his colleagues and associates, like Steven Lippman.”

Prosecutors charged Lippman, a shareholder at RRA with no equity stake, with helping to “dramatically increase the political influence and power” of the firm by serving as a straw donor who was illegally reimbursed for his contribution.

“The charges speak for themselves,” Lippman’s attorney, Bruce Zimet, said in a phone interview. “All of these acts do not relate to the Ponzi scheme. Though they may have had some effect on it, he was not a participant in the Ponzi scheme.”

McCain, a Republican senator from Arizona, donated all Rothstein contributions under his control to charity when the fraud allegations first came to light in November 2009, spokesman Brian Rogers said in an e-mailed statement.

The law firm reimbursed Lippman with money and by paying for home renovations, patio furniture, a golf membership and a $134,000 Maserati, according to a charge filed today. He faces as many as five years in prison.

Rothstein admitted in 2010 that he persuaded wealthy investors to buy stakes in what he said were payouts from settlements of sexual-harassment and workplace discrimination cases. The cases were fabricated, using forged documents and ruses such as having an accomplice pose as a bank officer.

The scheme fell apart over Halloween weekend in 2009 when Rothstein couldn’t lure enough new investors to pay earlier ones. After fleeing to Morocco, Rothstein returned to the U.S. He pleaded guilty to racketeering, money laundering and wire fraud.

Rothstein was known for what he called his “rock star” lifestyle. He was married in the Versace mansion in Miami Beach -- Florida’s then-governor Charlie Crist was a guest -- and his car collection included a Rolls-Royce, a Bugatti, two Lamborghinis and a Maserati.

In February, Toronto Dominion Bank (TD) agreed to settle a lawsuit with investors who claimed it aided in the Ponzi scheme. Barron’s and the Miami Herald reported that TD Bank would pay $170 million.

The case is U.S. v. Lippman, 12-cr-60078, U.S. District Court, Southern District of Florida (Fort Lauderdale).

To contact the reporters on this story: Susannah Nesmith in Miami at susannahnesmith@yahoo.com; David Voreacos in Newark, New Jersey, at dvoreacos@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net.


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Martin Marietta Hostile Bid Not Valid, Vulcan Lawyer Says - Bloomberg

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Martin Marietta Materials Inc. (MLM)’s bid for gravel-industry rival Vulcan Materials Co. (VMC) should be barred because it violates a confidentiality contract between the companies, a Vulcan lawyer told a judge.

In post-trial arguments today, lawyer William Savitt, representing Vulcan, told Delaware Chancery Court Judge Leo Strine Jr. that Martin Marietta officials wrongly used Vulcan’s non-public information in its hostile $5.5 billion bid.

Martin Marietta “walked right past the contract and launched its own hostile offer,” said Savitt. “Martin has to be held to account.”

Strine told lawyers after the seven-hour hearing that he’d write a decision, then added “I’m not saying when.” He described the case as “a hall of mirrors” that will require extensive analysis.

Martin Marietta argued that the offer isn’t prohibited by the confidentiality agreement between the rock-crushing companies. Robert Zimet, representing Raleigh, North Carolina- based Martin Marietta, told Strine that the language of the contract must be specific.

“We don’t have that here,” he said.

Martin Marietta offered on Dec. 12 to exchange half a share for each share of Vulcan and pay a quarterly dividend equal to 20 cents a Vulcan share.

Strine must decide whether agreements between the companies prohibit Martin Marietta from offering to buy Vulcan’s public shares and soliciting votes for five nominees for its board, according to court papers.

After a weeklong nonjury trial, Strine suggested on March 2 that one remedy might be to block the solicitation for a period of time.

He also said he didn’t think there was “ideal scrutiny on either side” of the potential combination, based on friendly negotiations that took place two years ago. The talks foundered when executives couldn’t decide who would lead the merged company, Strine said.

Combining the companies is “compelling” and would create “enormous shareholder value,” Martin Marietta’s chairman, Stephen P. Zelnak, told the judge during the trial.

Merging Birmingham, Alabama-based Vulcan, headed by Chief Executive Officer Don James, and Martin Marietta, led by CEO Ward Nye “seems to be a natural fit,” Zelnak said.

The mix could result in $350 million in combined cost- savings, according to testimony.

Martin Marietta fell $1.26 or 1.5 percent to $83.83 in New York Stock Exchange composite trading. Vulcan declined 48 cents or 1.1 percent to $42.02.

The case is Martin Marietta Materials v. Vulcan Materials, CA7102, Delaware Chancery Court (Wilmington).

To contact the reporter on this story: Phil Milford in Wilmington, Delaware, at pmilford@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net


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UAE detains 6 Islamists stripped of citizenship: lawyer - Chicago Tribune

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DUBAI (Reuters) - The United Arab Emirates on Monday detained six Islamist activists whose citizenship was revoked last year after they demanded political reform in the Gulf Arab state, their lawyer said.

The UAE, a top oil exporter, has weathered popular uprisings that have toppled four Arab heads of state since last year, thanks in part to its cradle-to-grave welfare system, but it has shown little tolerance towards dissent at home.

Jail terms have been imposed on activists who sought greater power for an elected body. In December, the UAE revoked the citizenship of six nationals it had described as posing a threat to national security.

A daughter of one of the six said her father, Muhammed Abdel Razzaq al-Siddiq, was detained by police on Monday after refusing to sign a declaration to seek a new nationality within two weeks or face imprisonment.

"My father called us... He refused to sign the declaration as now he is stateless, so he was detained along with the other five men," Alaa al-Siddiq told Reuters.

Mohammed al-Roken, a lawyer defending the six, confirmed the six had been detained for refusing to seek an alternative citizenship and said they have been transferred to prison. He also described stripping the six off their nationality as "unconstitutional."

A seventh Emirati, Ahmed al-Suwaidi, whose citizenship was also revoked last year, has been held for weeks, he said.

A UAE official said he was checking the report.

The case has set a precedent in the UAE, raising questions about rights and political reform in the oil producing Gulf Arab state.

Siddiq told Reuters last week he believed his citizenship was revoked because he had signed a petition sent to UAE leaders demanding the country's Federal National Council, an advisory body, be given more powers.

He also said he believed the men have been targeted for their Islamist political orientation. He and the other five men whose citizenship was revoked in December were members of Islamist organization al-Islah (Reform).

The UAE is concerned the rise of the Muslim Brotherhood to power in Egypt after the ouster of President Hosni Mubara, once a close ally of the Gulf Arab state, could embolden its own Islamist community.

Egypt's Brotherhood group has been embroiled in a spat with the UAE over the expulsion of a group of Syrians who refused to disperse after a protest outside their consulate in Dubai. The Dubai police chief accused the Brotherhood of fomenting unrest.

(Reporting by Rania El Gamal; Editing by Karolina Tagaris)


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