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New Orleans councilman, attorney plead not guilty to fraud
Legal Interview | 2020/07/15 08:37
New Orleans City Council President Jason Williams and an attorney in his law firm pleaded not guilty to federal tax fraud charges on Friday.

Williams, 47, and Nicole Burdett, 39, appeared remotely before a federal magistrate judge and entered their pleas to charges of conspiracy, preparing false or fraudulent tax returns and failing to file tax forms related to cash received, news outlets reported.

The two were charged in an 11-count indictment  last month following a yearslong investigation led by the Internal Revenue Service and the FBI.

Williams, a criminal defense lawyer, was accused of inflating his business expenses from 2013 to 2017 in order to reduce his tax liability by more than $200,000, according to the U.S. Attorney’s Office for the Western District of Louisiana. The indictment also alleged Williams and Burdett, an attorney in Williams’ law office who also handled administrative duties, failed to file the proper reports on cash payments from clients totaling $66,516.

Williams’ attorney, Billy Gibbens, has contended his client was just following the advice of his tax preparer, saying the accountant made the errors on his own, according to The Times-Picayune/The New Orleans Advocate. Michael Magner, an attorney for Burdett, also said his client was innocent and did not have any role in the tax decisions.

Williams and Gibbens raised questions about the timing of the indictment as Williams prepares to challenge Orleans Parish District Attorney Leon Cannizzaro for the top prosecuting role. The campaign qualifying period for the Nov. 3 election is set to end July 24. Williams has said he still plans to run for the seat, according to The Times-Picayune/The New Orleans Advocate.  A preliminary trial date for the case was set for Sept. 14.


Lawyer: Over 150 Minneapolis officers seeking disability
Legal Interview | 2020/07/12 11:54
More than 150 Minneapolis police officers are filing work-related disability claims after the death of George Floyd and ensuing unrest, with about three-quarters citing post-traumatic stress disorder as the reason for their planned departures, according to an attorney representing the officers.

Their duty disability claims, which will take months to process, come as the city is seeing an increase in violent crime and while city leaders push a proposal to replace the Minneapolis Police Department with a new agency that they say would have a more holistic approach.

While Floyd’s death in May and the unrest that followed are not the direct cause of many of the disability requests, attorney Ron Meuser said, those events and what Meuser called a lack of support from city leadership were a breaking point for many who had been struggling with PTSD from years on the job. Duty disability means the officer was disabled while engaged in inherently dangerous acts specific to the job.

“Following the George Floyd incident, unfortunately it became too much and as a result they were unable to, and are unable to, continue on and move forward,” Meuser said. “They feel totally and utterly abandoned.”

He said many officers he represents were at a precinct that police abandoned  as people were breaking in during the unrest. Some officers feared they wouldn’t make it home, he said, and wrote final notes to loved ones. People in the crowd ultimately set fire to the building.

Mayor Jacob Frey issued a statement saying that COVID-19 and unrest following Floyd’s death tested the community and officers in profound ways. He said cities need resources to reflect the realities on the ground.

“In the meantime, I am committed to supporting those officers committed to carrying out their oath to serve and protect the people of Minneapolis during a challenging time for our city,” he said.

Meuser said in recent weeks, 150 officers have retained his office for help in filing for duty disability benefits through the state’s Public Employment Retirement Association, or PERA. So far, 75 of them have already left the job, he said.

Police spokesman John Elder questioned Meuser’s figure of 150, though he does expect an increase in departures. The department currently has about 850 officers and will adjust staffing to ensure it can do its job, he said.

The city said it has received 17 PTSD workers compensation claims in the last month, but when it comes to PERA duty disability, officers are not obligated to notify the Police Department that an application was submitted. Meuser said the city isn’t being transparent about departures, and the numbers it sees will lag as PERA benefits take months to process.



Meghan's privacy case against tabloid heard at UK Court
Legal Interview | 2020/04/25 13:26
A preliminary hearing opened Friday at Britain’s High Court in the Duchess of Sussex’s legal action against a British newspaper that published what she describes as a “private and confidential” letter she wrote to her father.

Meghan is suing the Mail on Sunday and its parent company, Associated Newspapers, for publishing parts of an August 2018 letter she wrote to Thomas Markle. The civil lawsuit accuses the newspaper of copyright infringement, misuse of private information and violating the U.K.’s data protection law.

Associated Newspapers published sections of the letter in February last year. It denies the allegations — particularly the claim that the letter was presented in a way that changed its meaning. Lawyers for Associated Newspapers want the court to strike out parts of Meghan’s case ahead of a full trial, arguing that allegations of “dishonesty and malicious intent” should not form part of her case.

As the hearing opened via video conferencing, Anthony White, a lawyer representing the publisher, told the judge that lawyers for Meghan had made “further assertions of improper, deliberate conduct,” and that she accused the publisher of “harassing, humiliating, manipulating and exploiting” Thomas Markle.

White rejected the duchess’s allegations that the publisher had deliberately sought to “manufacture or stoke a family dispute for the sake of having a good story or stories to publish.” He said this was “irrelevant to the claim for misuse of private information”, and asked the judge to strike out that allegation.


Washington Supreme Court to hear COVID-19 inmate case online
Legal Interview | 2020/04/23 13:23
In an historic setting, the Washington Supreme Court will hear oral arguments Thursday while sitting alone in their separate chambers using Zoom technology in a case that addresses the safety of inmates in the state’s prisons during the coronavirus outbreak.

At the same time, conservative lawmakers, law enforcement officials and some victims plan to hold news conferences on both sides of the state to protest the release of some offenders.

At least 24 corrections employees and 13 inmates have tested positive for COVID-19, almost 100 offenders were placed in isolation and more than 1,000 are being quarantined. The majority of the positive cases occurred at the Monroe Correctional Complex where seven staff and 12 inmates have the disease.

After the virus hit the facility, the second largest in Washington, inmates filed a petition with the Supreme Court asking the justices to order Gov. Jay Inslee and Corrections Secretary Stephen Sinclair to release inmates who are older than 60, have underlying conditions and are within 60 days of their release date.

In an unanimous ruling on April 10, the justices ordered the state to devise a plan to protect inmates from the disease. Several days later, Inslee announced plans to release almost 1,000 non-violent offenders who are close to their release date.

As of Wednesday, about 41 inmates received work release furloughs, 293 had their sentences commuted and another 600 were on a list to be considered for a release into the community using electronic monitoring.

The corrections department has also told the court that it has imposed a list of measures designed to keep incarcerated people healthy, including mandatory face masks and hand-sanitizer dispensers.

Lawyers for the inmates say their efforts fall short. They say the prisons are too crowded to allow for social distancing.



WADA asks sports court to open Russia case to public hearing
Legal Interview | 2020/02/05 19:23
The World Anti-Doping Agency wants a rare public hearing for sport’s highest court to judge a four-year slate of punishments faced by Russia for persistent cheating.

The Court of Arbitration for Sport is preparing a hearing expected within weeks for the blockbuster case in Switzerland.

“It is WADA’s view and that of many of our stakeholders that this dispute at CAS should be held in a public forum to ensure that everybody understands the process and hears the arguments,” the Montreal-based agency’s director general, Olivier Niggli, said in a statement.

Urged on by President Vladimir Putin, Russia’s anti-doping agency, known as RUSADA, is formally challenging a WADA ruling in December to declare it non-compliant after key data from the Moscow testing laboratory was corrupted.

The CAS panel of three judges will have power to enforce WADA-recommended sanctions including a ban on Russia’s team name, flag and anthem at Olympic Games and world championships.

WADA also wants Russian athletes to compete as neutrals at the Olympics and major events only if they pass a vetting process which examines their history of drug testing and possible involvement in lab cover-ups of positive tests.

CAS hearings can be opened to media and public observers in some cases when both parties consent.

The court held its first public hearing for 20 years in November when WADA appealed a ruling by swimming’s world body not to ban China’s three-time Olympic gold medalist Sun Yang for alleged doping rule violations.




Judge criticized by abortion foes named to top Kansas court
Legal Interview | 2019/12/16 09:18
Kansas' Democratic governor on Monday named a veteran trial-court judge who is opposed by the state's most influential anti-abortion group to the state Supreme Court ? an appointment that's likely to further stoke conservatives' efforts to change how such positions are filled.

Gov. Laura Kelly's selection of Shawnee County District Judge Evelyn Wilson comes with many Republican lawmakers already seeking to give the GOP-controlled Legislature power it doesn't have now to block appointments to the state's high court. Abortion opponents also are pushing for a change in the state constitution that would overturn the court's April ruling that protected abortion rights.

Kelly passed over two veteran lawyers working for Republican state Attorney General Derek Schmidt. Kansans for Life, an anti-abortion group long influential in GOP politics, opposed Wilson's appointment because of her husband's past political contributions to Kelly and other abortion-rights candidates.

“It’s my sense that Judge Wilson is more than qualified to fill this role,” Kelly told reporters during a Statehouse news conference. “Ideology was not really part of the conversation with any of the nominees. "

Kansans for Life said Wilson's selection shows the need to overturn the high court's abortion-rights ruling to protect "women and their babies." Lobbyist Jeanne Gawdun said the group is not surprised that Kelly would make an appointment to further her "vision for unlimited abortion.”

Wilson has not ruled on major abortion cases and declined to comment on the court's abortion-rights ruling declaring that access to abortion is a “fundamental” right under the Kansas Constitution. She will replace former Justice Lee Johnson, who retired in September and was a member of the 6-1 majority in that case.


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