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Japan whistleblower sidelined despite court ruling
Court Line | 2012/07/11 22:26

An employee at Japanese medical equipment maker Olympus said Wednesdaythat his humiliating treatment has not changed despite a Supreme Courtruling that his demotion for whistleblowing was illegal.Masaharu Hamada said he is still isolated in the office and after lastmonth's court judgment is not given any work. His was the firstwhistleblower case to reach Japan's highest court.His lawyer Koichi Kozen said Hamada may have to file another lawsuit,complaining of human rights violations. Japan remains behind Westerncountries in penalizing companies that fail to abide by court rulings,and some fines are so small companies would rather pay up than abide,Kozen said."We would hope the company would respond quickly, but there has beenno response," Kozen said. "We want Mr. Hamada to get a new assignment,where he can be happy."Hamada, 51, an Olympus salesman with experience in the United States,first sued in 2008, alleging punishment for relaying a supplier'scomplaint.He is considered a whistleblower in Japan because he raised questionsabout colleagues' professional behavior and was subjected to bizarreand humiliating punishment, such as taking rudimentary tests.


FBI investigates missing $17M in trust funds
Legal News | 2012/07/09 22:13

The FBI is investigating the apparent theft of $17 million from Northern California trust fund accounts.

The San Jose Mercury News says the money has vanished from the trust funds of dozens of Santa Clara County residents who relied on a money manager to oversee their life savings.

Probate court records show the investigation centers on accounts administered by Christine Backhouse. She handles more than $104 million in assets.

Court records show she doesn't have enough insurance to cover the missing funds.

Backhouse says a boyfriend secretly wired millions of dollars out of the trusts.

The Campbell money manager mostly handled private trusts with no judicial oversight of her fees for service.


Cal Supreme Court rules in child death case
Legal News | 2012/07/06 22:24

Welfare officials can take children from parents who negligently cause the death of a son or daughter, such as failing to place them in a car seat, even if there was no criminal harm, the California Supreme Court ruled.

The court ruled Thursday that a "breach of ordinary care" with fatal results is enough reason for child welfare agencies to act because it poses an inherent concern for the safety of siblings, the Los Angeles Times reported.

"When a parent's or guardian's negligence has led to the tragedy of a child's death, the dependency court should have the power to intervene," Justice Marvin R. Baxter wrote for the court.

"It's a big case for us, and it is a big case for the child welfare community," said Assistant County Counsel James M. Owens, who represented the Los Angeles County Department of Children and Family Services.

The case involved the 2009 death of an 18-month-old girl in South Los Angeles. Her father was driving her to a hospital after she fell off a bed and hurt her arm, according to court documents.

The baby was sitting on her aunt's lap when another car ran a stop sign and hit their vehicle.


Report: Syracuse sex-abuse probe prompt but flawed
Court Watch | 2012/07/05 22:05

Syracuse University's prompt response to allegations of sexual abuse against an assistant basketball coach was done in good faith but was flawed because, among other things, there was no direct contact with law enforcement, a special committee of the university's board of trustees said in a report released Thursday.

Although the 52-page document states there was no attempt to "cover up" any conduct, it reiterates a criticism voiced by Onondaga County District Attorney William Fitzpatrick that police and the district attorney should have been notified immediately so they could conduct the investigation with all the experience and tools available to law enforcement.

The committee assessed the university's response to allegations that Bernie Fine had sexually abused former ball boy Bobby Davis. It said Davis' allegations "should have been viewed from the outset as involving serious alleged crimes."

Davis, now 41, claims Fine molested him for years beginning when he was around 12 years old. He took the claims to university officials in September 2005.

Fine, in his 36th year on the basketball staff, was fired in November 2011 after the allegations were made public.


Court to hear appeal of Marine in Iraqi killing
Court Line | 2012/07/03 16:09

The military's highest court agreed Monday to hear the appeal of a U.S. Marine convicted of murder in one of the most significant criminal cases against U.S. troops from the Iraq war.

The Court of Appeals for the Armed Forces ordered a review requested by Sgt. Lawrence Hutchins III, who claimed in a petition that his constitutional rights were violated when he was held in solitary confinement without access to a lawyer for seven days during his interrogation, and that Navy Secretary Ray Mabus unlawfully influenced his case after his conviction.

Hutchins, 26, of Plymouth, Mass., led an eight-man squad accused of kidnapping retired Iraqi policeman Hashim Ibrahim Awad from his home in April 2006, marching him to a ditch and shooting him to death. The killing took place in Hamdania, a small village in Al Anbar province.

The six other Marines and a Navy corpsman in his squad served less than 18 months.

Hutchins has sought clemency and early release, saying he was deeply sorry for what happened and has suffered nightmares and anxiety because of the killing.

Those requests have been denied, Hutchins claimed in the appeal, because Mabus illegally interfered in the case and influenced officers under him to rule against release.


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