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NY court: Case against ex-AIG execs can continue
Law & Court News |
2016/06/01 13:48
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New York's attorney general can continue his legal effort to bar two former American International Group Inc. executives from the securities industry and forfeit any improperly gained profits, the state's highest court ruled Thursday.
The Court of Appeals for the second time refused to dismiss the lawsuit originally filed in 2005 by then-Attorney General Eliot Spitzer, ruling it should go to trial.
The suit claims ex-AIG chief executive Maurice "Hank" Greenberg and ex-chief financial officer Howard Smith had engaged in fraudulent reinsurance transactions to conceal from investors a deteriorating financial condition.
AIG itself resolved state charges as part of a $1.64 billion agreement with regulators in 2006. The insurance giant was bailed out by the federal government in the 2008 financial crisis.
Greenberg and Smith settled related federal Securities and Exchange Commission complaints without admitting wrongdoing in 2009.
Their attorneys challenged the state lawsuit, arguing that New York's Martin Act against securities fraud authorizes neither a permanent industry ban nor disgorgement of profits, and that releases from other settlements barred further financial forfeit.
"As we have previously stated, in an appropriate case, disgorgement may be an available 'equitable remedy distinct from restitution' under the state's anti-fraud legislation," Judge Leslie Stein wrote. "Moreover, as with the attorney general's claim for an injunction, issues of fact exist which prevent us from concluding, as a matter of law that disgorgement is unwarranted."
The court rejected another dismissal motion two years ago, concluding there was sufficient fraud evidence for trial.
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US appeals court revisits Texas voter ID law
Law & Court News |
2016/05/24 22:53
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A federal appeals court is set to take a second look at a strict Texas voter ID law that was found to be unconstitutional last year.
Texas' law requires residents to show one of seven forms of approved identification. The state and other supporters say it prevents fraud. Opponents, including the U.S. Justice Department, say it discriminates by requiring forms of ID that are more difficult to obtain for low-income, African-American and Latino voters.
Arguments before the 5th U.S. Circuit Court of Appeals are set for Tuesday morning. The full court agreed to rehear the issue after a three-judge panel ruled last year that the law violates the Voting Rights Act.
Lawyers for Texas argue that the state makes free IDs easy to obtain, that any inconveniences or costs involved in getting one do not substantially burden the right to vote, and that the Justice Department and other plaintiffs have failed to prove that the law has resulted in denying anyone the right to vote.
Opponents counter in briefs that trial testimony indicated various bureaucratic and economic burdens associated with the law — for instance, the difficulty in finding and purchasing a proper birth certificate to obtain an ID. A brief filed by the American Civil Liberties Union cites testimony in other voter ID states indicating numerous difficulties faced by people, including burdensome travel and expenses to get required documentation to obtain IDs.
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Planned Parenthood shooting defendant returning to court
Law & Court News |
2016/05/11 10:05
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A man who admitted killing three people at a Colorado Planned Parenthood clinic is returning to court for the continuation of a hearing on whether he's mentally competent to stand trial.
A psychologist who examined 57-year-old Robert Dear is scheduled to testify Tuesday.
Dear is charged with 179 counts including murder, attempted murder and assault in the Nov. 27 shootings at the Colorado Springs clinic. Nine people were injured in the attack.
In court, he has declared himself a "warrior for the babies" and said he was guilty.
The hearing started last month, when two psychologists testified that Dear isn't competent to stand trial.
If the judge agrees, Dear's case would be put on hold while he undergoes treatment at a state psychiatric hospital intended to restore him to competency.
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Stoddard firefighter charged with arson due in court
Law & Court News |
2016/05/02 14:46
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A volunteer firefighter charged with arson in connection with a brush fire that burned 190 acres in New Hampshire and prompted the evacuation of 17 homes is due to make his first court appearance.
David Plante is scheduled to be arraigned Monday in Keene.
The 31-year-old Stoddard man was charged Friday with one count of arson, but more charges are expected. He remains in custody after refusing to meet with a bail commissioner.
The fire started Thursday in Stoddard, about 40 miles west of the state capital of Concord. No injuries were reported.
Police have not said what evidence led them to Plante. It's unclear if he has an attorney.
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Court convicts Israeli in Palestinian teenager's 2014 murder
Law & Court News |
2016/04/19 10:59
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A Jerusalem district court has convicted the main suspect in the July 2014 murder of a Palestinian teenager.
The court convicted 30-year-old Yosef Haim Ben David on Tuesday of murder, rejecting a plea that he was not responsible for his actions. Ben David is to be sentenced next month and could face life in prison.
Two other Israelis have already been sentenced for their roles in the murder of 16-year-old Mohammed Abu Khdeir in revenge for the death of three abducted Israeli teens earlier that summer. The Israelis snatched Khdeir from an east Jerusalem neighborhood, drove him to a Jerusalem forest and burned him to death.
The gruesome killing sparked deep outrage in Israel and was part of a series of events that helped spark the Gaza war later that summer.
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