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Jury finds ex-San Francisco bank executive guilty of fraud
Attorney News | 2015/03/31 20:09

A former executive of a San Francisco-based bank that received federal bailout money has been convicted of fraud.

U.S. Attorney Melinda Haag said Thursday a federal jury in Oakland found 66-year-old Ebrahim Shabudin guilty of conspiring with others within the bank to falsify key bank records as part of a scheme to conceal millions of dollars in losses and falsely inflate the bank's financial statements.

Shabudin was Chief Operating Officer for United Commercial Bank between 2008 and 2009.

United Commercial Bank received $298 million from the Troubled Asset Relief Program, or TARP, in 2008 during the height of the nation's financial crisis. That money was lost when the bank was seized by regulators, shuttered and filed for bankruptcy the following year. Shabudin faces up to 25 years in prison.


Tenn. Attorney General Wants Court to Set Aside Municipal Broadband Ruling
Attorney News | 2015/03/27 23:34

Tennessee's attorney general wants a federal appeals court to set aside a recent decision by the Federal Communications Commission to allow cities like Chattanooga to offer municipal broadband beyond their normal service area.

State Attorney General Herbert Slatery said in the filing with the 6th U.S. Circuit Court of Appeals that the FCC had "unlawfully inserted itself between the state of Tennessee and the state's own subdivisions."

Slatery had been among several prominent Tennessee Republicans who had urged the FCC not to override a state law that blocks Chattanooga's electric utility from expanding its super-fast Internet network to surrounding areas. Other letter writers included Tennessee Gov. Bill Haslam and the state House and Senate speakers.

The FCC nevertheless voted 3-2 last month in favor of the utilities in Chattanooga and Wilson, North Carolina. President Barack Obama had pushed for the FCC's decision, saying the state laws stifled competition and economic development.

FCC Chairman Tom Wheeler, who voted with the majority, said at the time that some states have created "thickets of red tape designed to limit competition." The ruling was opposed by the commission's two Republican members, who argued it was outside the panel's authority, violated states' rights and undermined private enterprise.


Supreme Court rejects challenge to voter ID law in Wisconsin
Attorney News | 2015/03/27 23:34

The U.S. Supreme Court on Monday turned away a challenge to Wisconsin's voter identification law, allowing the law to stand and handing a victory to Gov. Scott Walker following a long fight by opponents who say it's a thinly veiled attempt to make it more difficult for Democratic backers to vote.

The law won't be enforced for an April 7 election because it's only two weeks away, but it will be in subsequent elections, the state attorney general said. Walker, a likely 2016 Republican presidential candidate, is a longtime proponent of voter ID requirements and signed Wisconsin's into law in 2011. But it was only in effect for one low-turnout primary in 2012 before legal challenges kept it on hold.

The Supreme Court's decision not to take up the case ends the legal fight, for now. "This is great news for Wisconsin voters," Walker said in a statement. "As we've said, this is a common sense reform that protects the integrity of our voting process, making it easy to vote and hard to cheat."

Democratic critics, as well as a federal judge in Milwaukee who last year declared the law to be unconstitutional, say in-person voting fraud is extremely rare. In his ruling striking down the law, U.S. District Judge Lynn Adelman said there appears to have been one documented case of voter fraud in Wisconsin between 2004 and 2012, and that was committed by a man who obtained a ballot in the name of his deceased wife.

Opponents of the law say its true intent is to make it more difficult for older, poor and minority voters who tend to support Democrats and are more likely not to have the proper ID. The American Civil Liberties Union and allied groups persuaded Adelman to declare the law unconstitutional last year. But the 7th U.S. Circuit Court of Appeals in Chicago later ruled that the law did not violate the Constitution.


John Q. Kelly
Attorney News | 2015/03/11 22:10

JOHN Q. KELLY, referred to “…as the most sought after wrongful death lawyer in the land”, has an unsurpassed track record in high stakes, high profile wrongful death and personal injury litigation.

Subsequent to his landmark verdict as lead attorney for the Estate of Nicole Brown Simpson in its wrongful death action against O.J. Simpson, Mr. Kelly continues to successfully handle matters that receive national and international coverage, and has a reputation as a meticulous, no-nonsense litigator, schooled in the nuances of physical, forensic and circumstantial evidence, battle-tested in the courtroom on countless occasions, and seasoned by 30 years of deftly interacting with the media.

Mr. Kelly has appeared as both a featured guest and/or legal commentator frequently on all major network and cable news shows (NBC, ABC, CBS, CNN, Fox News) and been profiled/referenced in a multitude of publications, including Time Magazine, Newsweek Magazine, People Magazine, Worth Magazine, Greenwich Magazine, New York Magazine, New York Times, New York Post and New York Daily News.

Mr. Kelly is admitted to the New York State Bar and the Southern and Eastern Districts of the United States District Court and has argued appeals in the Second and Third Circuits of the U.S. Court of Appeals and New York State Appellate Division, 1st and 2nd Departments. He has handled matters in Connecticut, New York, Illinois, Arizona, California, Texas, Colorado, Pennsylvania, Florida, Puerto Rico, Aruba and Australia. Mr. Kelly divides his time between his office in New York City and in Greenwich, CT.


Court: Not disclosing HIV before sex is a misdemeanor
Attorney News | 2015/02/25 18:06


An HIV-positive man who told a partner that they could safely have unprotected sex should face a misdemeanor reckless endangerment charge, not a felony, New York's highest court ruled Thursday.

The Court of Appeals said Terrance Williams didn't expose his partner "out of any malevolent desire" to give him the virus that causes AIDS, though he lied about having the infection and his partner did get sick. The court said the Syracuse man didn't show "depraved indifference," which is necessary to support the felony charge.

The judges declined to decide whether HIV infection no longer "creates a grave and unjustifiable risk of death" because of advances in medical treatment. Two lower courts had reached that conclusion while knocking down the felony indictment to the lesser charge.

The felony could have sent Williams to prison for seven years. He still faces the misdemeanor and a possible year in jail if convicted.


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