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Spanish court convicts 53 in corruption trial
Top Court Watch | 2013/10/04 13:52
A Spanish court convicted 53 people Friday in the country's biggest-ever corruption trial, which lasted two years and centered on widespread real estate fraud and bribery in the southern jet-set resort town of Marbella.

The defendants in the trial, which ended last year, included former town hall officials, lawyers and business representatives. The judge took several months to decide on the sentences — 40 other people were acquitted and two accused died while the case was being prepared.

Under a highly complex scheme in the mid-1990s, city funds were widely misappropriated, and public officials and business representatives divvied up under-the table kickbacks for planning permissions and construction of hotels, residential complexes and urban infrastructure. Much of the money was then laundered with the help of lawyers.

Marbella, located on Spain's southern coast, was a magnet for jet set and society figures from across the world during the 1970s and 1980s.

The man who prosecutors said was the mastermind of the fraud, former Marbella urban planning adviser Juan Antonio Roca, got the biggest sentence — 11 years — for money laundering, bribery and fraud. He also was fined 240 million euros ($326 million).

Roca has been in jail since 2006 when he was first arrested as the case broke. Back then, he was considered one of the richest people in Spain with his assets including ranches, fighting bulls, thoroughbred horses, art, expensive cars and boats.

The scheme began when late Atletico Madrid soccer club owner Jesus Gil y Gil was mayor of Marbella between 1991 and 2002. Roca began working for Marbella town hall under Gil and claimed during the trial that he was just following the mayor's orders.


Appeals court: Obama violating law on nuke site
Top Court Watch | 2013/08/19 15:42
A federal appeals court says the Nuclear Regulatory Commission has been violating federal law by delaying a decision on a proposed nuclear waste dump in Nevada.

By a 2-1 vote, the U.S. Court of Appeals for the District of Columbia ordered the commission to complete the licensing process and approve or reject the Energy Department's application for a waste site at Nevada's Yucca Mountain.

In a sharply worded opinion, the court said the nuclear agency was "simply flouting the law" when it allowed the Obama administration to continue plans to close the proposed waste site near Las Vegas. The action goes against a federal law designating Yucca Mountain as the nation's nuclear waste repository.

The court said the president can't ignore a congressional mandate simply because of policy objections.


Court says Disneyland can keep Segway ban
Top Court Watch | 2013/07/26 10:58
A California appeals court says Disneyland Resort can keep a ban on Segways at its parks.

The Orange County Register says the court ruled last week against a woman with muscular dystrophy who sued for discrimination four years ago because she couldn't use a Segway at Disneyland.

The 4th District Court of Appeal says Disney showed that the stand-up, two-wheeled scooter was unsafe to use inside the crowded Anaheim park.

Disney has since developed its own four-wheel standing scooter for use in the park.


Colo. senators go to court to halt recall efforts
Top Court Watch | 2013/07/16 20:22
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.




Court in NYC upholds insider trading conviction
Top Court Watch | 2013/07/02 10:36
A stock trader nicknamed "the Octopussy" because he had access to so many sources of inside information was properly convicted and sentenced to 10 years in prison, a federal appeals court concluded Monday.

The 2nd U.S. Circuit Court of Appeals upheld the conviction of Zvi Goffer and two others in a case the government had once touted as the biggest insider trading prosecution in history.

In all, more than two dozen defendants were convicted, including a one-time billionaire whose hedge funds had commanded as much as $7 billion.

The Israeli-born Goffer was convicted with two others in 2011 in a conspiracy to pay bribes to two lawyers at a Manhattan law firm. The government said Goffer and others earned more than $10 million illegally.

Goffer, whose nickname is a reference to a James Bond film, was sentenced to 10 years in prison after prosecutors said he arranged to pay two attorneys nearly $100,000 in 2007 and 2008 for inside tips on mergers and acquisitions. Prosecutors said Goffer's network used prepaid cellphones to avoid detection and destroyed them after each successful tip.

His lawyers challenged his conviction and sentence on several grounds, including that wiretap evidence should have been suppressed, that jury instructions were erroneous and that Goffer was punished for refusing to plead guilty.

A three-judge panel of the Manhattan appeals court noted the novelty of using wiretaps in a securities fraud case as it rejected defense arguments that the law permitting wiretaps does not list securities fraud as an offense for which it can be used.


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