CourtSide - The FindLaw Breaking Legal News Blog

Bernard Kerik, Ex-NYPD Commissioner, Pleads Guilty

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Former NYPD Police Commissioner Bernard Kerik pleaded guilty today in a federal court in a case accusing him of criminal conspiracy, tax fraud, making a host of false statements to both federal agents and New York City investigators, and lying on a loan application for his New York City apartment.  According to his plea agreement, Kerik could get from 27 to 33 months in federal prison under sentencing guidelines.

The disgraced former N.Y.C. top cop was accused of making multiple false statements to White House and other federal officials when he applied for an advisor position to former President Bush's Homeland Security Advisory Council and in connection with his nomination to be Secretary of the United States Department of Homeland Security.

He was also charged with illegally receiving $255,000 in renovation work to his apartment from a contractor who wanted to do business with the City government, falsely telling regulators that the company did not have ties to organized crime, and failing to disclose these six-figure benefits in his financial disclosure forms.

Read Kerik's plea agreement here:

Accusing Silicon Valley's Intel (NYSE: INTC) of "bribery and coercion to maintain a stranglehold on the market," New York Attorney General Andrew Cuomo filed an antitrust lawsuit against the chip-making giant.

How serious were the threats? Cuomo's lawsuit says that a February 2004 Dell internal e-mail charged that Intel executives, then CEO and Chairman Craig Barrett, and current CEO Paul Ottelini (inset, left to right) "are prepared for jihad if Dell joins the AMD exodus."

Today at the Supreme Court

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The Supreme Court is hearing arguments on two cases related to criminal prosecutions today.  The first, Pottawattamie County v. McGhee, examines whether prosecutors are subject to a civil trial and potential damages for wrongful conviction and incarceration when the criminal defendant alleges that the prosecutor encouraged a witness to lie during the criminal investigation and then presented that testimony during the criminal trial.

The Court's other argument today, Wood v. Allen, deals with several questions that have arisen during a capital punishment case.  Most of the questions concern the ways that the courts and attorneys handled the defendant's mental impairments, but there's also a Batson jury/evidence question thrown in for good measure.

Give a Judge the Finger, Go Directly to Jail!

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A 24-year-old Illinois man already facing a host of criminal charges flipped off a judge during his court arraignment, earning himself six months in county jail for contempt of court.

McHenry County Circuit Court Judge G. Martin Zopp reportedly gave Kane Kellet (see below) a cussing freebee at his initial court hearing Saturday morning. According to State's Attorney Louis Bianchi, Judge Zopp asked Kellet. "'Sir, do you have an attorney?" to which the suspect replied "F--- no.'"

So what prompted him to give the judge the finger?

RICO Pays a Visit to the Supreme Court

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The Supreme Court has another day of oral arguments today, and the star case is Hemi Group v. City of New York, a case examining whether state and local governments have standing under RICO to pursue noncommercial losses, such as unpaid taxes.  Governments around the country will be watching this one with keen interest.

Also on the Court's agenda are a case involving challenges to electricity rates, and a bankruptcy case.  Not the most, um, electrifying topics, but, as with all things Supreme, still important.

Today the U.S. Supreme Court declined to hear the appeal of James Ford Seale, the ex-Ku Klu Klan member, former Mississippi policeman and sheriff's deputy who was indicted and convicted for his role in the kidnappings and brutal murders of Henry Hezekiah Dee and Charles Eddie Moore in the summer of 1964.

According to a report in the Jackson Free Press, "the FBI investigation of the Dee-Moore case yielded more than 1,000 pages of files, including informant accounts." In November 1964, then FBI Director J. Edgar Hoover, wrote to President Lyndon B. Johnson's Special Assistant Bill Moyers, that Seale and fellow Klansman Charles Marcus Edwards ""willfully, unlawfully, feloniously and with malice aforethought [for] killing" Dee and Moore.

Seale was never charged until more than forty years later. 

Back to Work at the Supreme Court

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After a break in oral arguments that allowed several of the justices to get out on the town, the Court is back in session today, and there are some important issues before the justices, even though the subject matter of the cases the Court will be hearing today won't exactly have the general public lining up to get into the arguments.

On the calendar for today are a mutual fund case, a case about state regulation of the federal courts and a petition for habeas corpus.

A federal appeals court ruled that private Mississippi Gulf Coast residents and private landowners can sue an oil company and other defendants for global warming-related damages to their property.

Alleging a chain of causation between the defendants' substantial emissions and injury to their property, they maintain that the companies used their property so as to produce massive amounts of greenhouse gasses, which then injured both plaintiffs and the general public by contributing to global warming, caused the sea level rise and added to the ferocity of Hurricane Katrina.

Luqman Ameen Abdullah, the reputed head of the Masjid al-Haqq mosque in Detroit, Michigan, was killed in a firefight with FBI agents yesterday after federal law enforcement officials converged upon a warehouse to arrest Abdullah and his followers on criminal conspiracy charges following a two-year long investigation

According to the criminal complaint in the case (see below), Abdullah and his "group of mostly African-American converts to Islam [sought] to establish a separate Sharia-law governed state within the United States."

The criminal charges against Abdullah, a previously convicted felon, charged that he discussed an attack on SuperBowl XL, blowing himself up if confronted by law enforcement, and dealt in stolen merchandise. "Abdullah and his followers have trained regularly in the use of firearms and continue to train in martial arts and sword fighting," an FBI agent alleged after receiving information from at least three (3) FBI informants during the investigation.

Wine, Women and Song at the Supreme Court

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It's not all hard work at the Supreme Court these days, apparently. 

While the Court is currently wrapping up the first month of the 2009 October Term, some of the justices have snuck out of the dreary confines of One First Street and gone out on the town(s) for a taste of the nightlife.