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Appeals court removes key civil service protection
Court and Trial |
2012/08/22 14:42
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A federal appeals court ruling that has taken key civil service protection away from government employees involved in national security work will have far-reaching implications, advocates for federal workers say.
Tom Devine, legal director of the Government Accountability Project, a whistle-blower advocacy group, said Tuesday that the appeals court has given agencies a blank check to cancel all government accountability in civil service law.
In a 2-1 decision Friday involving two Defense Department employees, the U.S. Court of Appeals for the Federal Circuit said the Merit Systems Protection Board is prohibited from reviewing dismissals and demotions of government employees who hold noncritical sensitive positions, regardless of whether those jobs require access to classified information.
The dissenting judge in the case said the decision effectively nullifies the 1978 civil service law. Advocates for federal workers point out that federal employees in noncritical sensitive jobs work at many federal agencies, making the impact of the ruling government-wide. |
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Court orders Chevron to stop drilling for oil
Court and Trial |
2012/08/03 16:56
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A federal court has given Chevron Corp. and driller Transocean Ltd. 30 days to suspend all petroleum drilling and transportation operations in Brazil until the conclusion of investigations into two oil spills off the coast of Rio de Janeiro.
The court says in a statement posted Wednesday on its web site each company will be fined 500 million reals ($244 million) for each day they fail to comply with the suspension.
About 155, 000 gallons of oil crude began seeping from cracks in the ocean floor at the site of a Chevron appraisal well in November. Two weeks later, the National Petroleum Agency said the seepage was under control. But in March, oil again started leaking and Chevron voluntarily suspended production in the field. |
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Goldman agrees to settle mortgage debt class action
Court and Trial |
2012/07/18 16:13
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Goldman Sachs Group Inc has agreed to settle a class-action lawsuit with investors who claimed losses on $698 million of securities backed by risky mortgage loans issued by defunct subprime lender New Century Financial Corp.
Lawyers for the investors said in a letter filed in U.S. District Court in Manhattan on Tuesday that a proposed settlement had been reached. Terms were not immediately disclosed, though they are expected to be included in court papers filed by July 31.
Goldman is one of many banks accused by U.S. legislators and regulators of fueling the nation's housing and financial crisis by misleading investors about the quality of mortgage debt they sold.
A federal judge in February ordered Goldman to face the class-action lawsuit that accuses it of defrauding investors in GSAMP Trust 2006-S2, a $698 million offering of certificates backed by second-lien home loans.
The loans were made by New Century, a subprime mortgage specialist that went bankrupt in 2007.
The investors, led by the Public Employees' Retirement System of Mississippi, contend the offering documents contained materially untrue statements about the underwriting and appraisal standards used by California-based New Century, the mortgage originator. Goldman securitized and issued the certificates. |
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High court sides with state in DNA case
Court and Trial |
2012/06/18 13:02
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The Supreme Court on Monday upheld a rape conviction over objections that the defendant did not have the chance to question the reliability of the DNA evidence that helped convict him.
The court's 5-4 ruling went against a run of high court decisions that bolstered the right of criminal defendants to confront witnesses against them.
Justice Clarence Thomas provided the margin of difference in the case to uphold the conviction of Sandy Williams, even though Thomas has more often sided with defendants on the issue of cross-examination of witnesses.
The case grew out of a DNA expert's testimony that helped convict Williams of rape. The expert testified that Williams' DNA matched a sample taken from the victim, but the expert played no role in the tests that extracted genetic evidence from the victim's sample.
And no one from the company that performed the analysis showed up at the trial to defend it.
The court has previously ruled that defendants have the right to cross-examine the forensic analysts who prepare laboratory reports used at trial. |
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2 plead not guilty in Mass. extortion attempt case
Court and Trial |
2012/06/11 10:59
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Howie Winter, the 83-year-old former head of a Boston-area gang that was later run by James Whitey Bulger, pleaded not guilty Friday to attempted extortion and conspiracy charges.
Winter and co-defendant James Melvin, 70, were arrested Thursday after authorities said they tried over several months to extort $35,000 from each of two men who had arranged a $100,000 loan for a third man.
Winter, who headed the Winter Hill Gang in the 1960s and '70s, wore large black sunglasses during his arraignment in Somerville District Court. He and Melvin stood silently as a prosecutor described a series of meetings and phone calls in which the two men allegedly threatened the men and repeatedly referred to the North End neighborhood of Boston in an apparent attempt to intimidate the men through a thinly veiled reference to organized crime.
Assistant District Attorney Stephen Gilpatric said some of the meetings were secretly recorded. In the recordings, Winter and Melvin can be heard threatening the men if they don't pay the money, Gilpatric said. |
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