Tag Archives: Attorneys

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IRS leadership knew of Tea Party screening in 2012

Steven T. Miller, who at the time was the deputy commissioner of the IRS, wrote to a member of Congress to explain the application process for political organizations, according to the Associated Press. He avoided, either intentionally or because of an ongoing investigation into the agency’s activities, mentioning that Tea Party groups had been at least partially correct in asserting they were being stymied in seeking tax exempt status. The government’s tax collection arm apologized on Friday for its “inappropriate” targeting of Tea Party finances, including requesting a list of donors contributing to the group’s anti-government cause. Lori Lerner, the IRS division head of tax-exempt organizations, blamed the error on “low-level workers” in Cincinnati, Ohio, adding that no IRS leadership was privy to the wrongdoing. It is not known whether the IRS requested a list of donors from Tea Party groups because of the known presence of major financial backers. Among those funding the Tea Party was Americans for Prosperity, the right-wing advocacy group favored by the billionaire Koch brothers. Rep. Charles Boustany, a Louisiana Republican, wrote to Miller on June 15, 2012 specifically mentioning the Tea Party in a list of groups that have complained of IRS harassment. Miller responded by saying that because of the upcoming election the IRS was processing an influx of tax-exempt requests but was taking “steps to coordinate the handling of the case to ensure consistency.”Miller, as quoted by the AP, never mentions that he was aware of an investigation into the Tea Party screening. He added that IRS agents were working with tax attorneys “to develop approaches and materials that could be helpful to the agents working the cases.” Rep. David Camp (R-Michigan), the chairman of the House Ways and Means Committee, has scheduled a hearing for Friday, at which Miller is scheduled to testify. “They repeatedly failed to disclose and be truthful about what they were doing,” Camp said. “They really failed to disclose to us what they were up to, even though we obviously had a concern that they were targeting taxpayers for their political beliefs. Given all of that attention, that had an obligation and duty to come forward with this information.” Lois Lerner learned on June 29, 2011 that screenings were taking place, according to a draft of a Treasury Department report acquired by the IRS. She was told that groups that used “Tea Party,” “Patriot,” and “9/12 Project” in their applications were flagged. Lerner instructed agents to change the flagging criteria “immediately.” Read More

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83-year-old nun convicted of sabotage for breach of US atomic complex

In what The New York Times labeled the biggest security breach in the history of the atomic complex, the trio broke into the Y-12 National Security Complex on July 28, 2012 and defaced a uranium processing plant.The Y-12 facility has been in operation since 1943 as part of the Manhattan Project, and today is responsible for both the production and maintenance of all uranium parts for the entire US nuclear weapons arsenal. Over the years, the facility has also been the target of nonviolent anti-nuclear protests.Now, a jury in Tennessee has charged the three protesters with sabotaging the plant, with a second charge of damaging federal property.Defense attorneys for the three activists – Sister Megan Rice, 57-year-old Greg Boertje-Obed and Michael Walli, 64 – maintained that the prosecution had overreached.”The shortcomings in security at one of the most dangerous places on the planet have embarrassed a lot of people,” defense lawyer Francis Lloyd said.”You’re looking at three scapegoats behind me,” he addedDefense attorneys also noted that, once the three refused to plead guilty to trespassing, which carries a maximum sentence of 10 years’ imprisonment, the prosecution introduced the charge of sabotage, which carries a maximum prison term of twenty years. They believed the higher charge should have been dismissed.According to the Associated Press, which provided details of the court proceedings, the three activists have no remorse for their actions, and were pleased to have reached one of the most secure areas of the facility.Prosecutor Jeff Theodore noted that the trio’s fate could have been far worse, as that area of the facility allowed guards to use deadly force.”They’re lucky, and thank goodness they’re alive, because they went into the lethal zone,” said Theodore.The three defendants spent two hours inside Y-12, during which time they hung banners, cut through security fences, strung crime-scene tape and sprayed “baby bottles full of human blood” on the exterior portion of the facility.Boertje-Obed, who is a house painter from Duluth, Minnesota, explained why they sprayed the blood.”The reason for the baby bottles was to represent that the blood of children is spilled by these weapons,” he said.While inside the most secure portion of the facility, the three activists managed to hammer off what is described as a “small chunk” of the Highly Enriched Uranium Materials Facility.During cross examination, Sister Rice stated that she wished she had not waited so long to stage a protest within the plant.”My regret was I waited 70 years,” she said.”It is manufacturing which can only cause death.”Prosecutors argued that the breach of security was serious, and caused the plant to shut down for two weeks as security staff were re-trained and defense contractors replaced.Meanwhile, federal officials maintain that there was never any danger of the three activists reaching materials that could be detonated or used to construct an improvised bomb. Read More

Judge uses ‘Star Trek’ knowledge to smack down ‘porn-trolling’ attorneys

A Califorina District Judge flexed an apparently extensive knowledge of the Star Trek franchise in a decision against what he called a “porn trolling collective” of attorneys who exploited copyright laws to pursue lawsuits against people they accused of illegally downloading adult…

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Federal Judge Fires Phasers, Photons at Prenda for $80k Damages

The long-awaited order following last month’s Prenda Law sanctions hearing is now out, and it’s a doozy. After a hearing that lasted 12 minutes and consisted of lawyers pleading the fifth, there was little doubt that Federal Judge Otis Wright was not best pleased, and it was evident in the order he released late yesterday.
When a federal judge’s contempt for a case is illustrated via a sanctions order littered with sci-fi references it doesn’t bode well for any attorney on the receiving end. Any judge that finds the time to do this is not doing it because he’s bored, but because he’s highly motivated to do so. The shenanigans of Prenda and its associates certainly rankled Judge Wright, and prompted him to make Steele and friends the subject of derision.
In the order, Judge Wright demolishes the claims of Brett Gibbs, by doing simple things like “looking them up on Google.” To demonstrate his point, the Judge includes a handy screen capture from Google Maps, pointing out that one of Gibbs’ statements was “a blatant lie.”
Towards the end, he starts laying down the damages, starting with attorney’s fees. Judge Wright assigned fees and costs totaling $40,659.86 to be paid to defense attorneys Morgan Pietz and Nicholas Ranallo. While that’s more than many expected, he then doubled the amount as a punitive measure, meaning a grand total of $81,319.72 will have to be paid by some combination of the plaintiffs (Steele, Duffy, Hansmeier, Gibbs, the shell companies and lawfirms) on or before May 20th.
And that’s not all. Judge Wright will also be referring the matter to the US Attorney for Central California requesting a RICO (racketeering) investigation, notifying all judges where plaintiffs have cases, and, as we noted a month ago, the IRS. Finally, there will also be disciplinary requests made to state and federal bars.
While some would have liked the order to have gone even further, its restraint will make it less likely to be overturned on appeal.
The next question is whether the Prenda ‘mob’ will pay up, or have another excuse to join the legion put forward so far. For that we’ll have to wait two weeks, if not more.
Source: Federal Judge Fires Phasers, Photons at Prenda for $80k Damages

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Lil Wayne responds to family of Emmett Till over offensive lyric

Although Epic Records apologized for an offensive Lil Wayne rap lyric back in February, the rapper has not issued a formal statement until this week.In the Future remix called “Karate Chop,” Wayne compared the 14-year-old civil rights icon Emmett Till, murdered in 1955, to a sex act.Wayne sent a letter to Till’s family recently, saying he “acknowledged” the hurt caused by the lyrics:Dear Till Family: As a recording artist, I have always been interested in word play. My lyrics often reference people, places and events in my music, as well as the music that I create for or alongside other artists. It has come to my attention that lyrics from my contribution to a fellow artist’s song has deeply offended your family. As a father myself, I cannot imagine the pain that your family has had to endure. I would like to take a moment to acknowledge your hurt, as well as the letter you sent to me via your attorneys. Moving forward, I will not use or reference Emmett Till or the Till family in my music, especially in an inappropriate manner. I fully support Epic Record’s decision to take down the unauthorized version of the song and to not include the reference in the version that went to retail. I will not be performing the lyrics that contain that reference live and have removed them from my catalogue. I have tremendous respect for those who paved the way for the liberty and opportunities that African-Americans currently enjoy. As a business owner who employs several African-American employees and gives philanthropically to organizations that help youth to pursue their dreams my ultimate intention is to uplift rather than degrade our community. Best, Dwayne Michael Carter, Jr. Lil WayneContinue Reading… Read More

Former Reuters’ employee pleads not guilty to Anonymous charges

Matthew Keys — the social media editor fired from his position at Reuters Monday for reasons he believes could be political — pleaded not guilty Tuesday to federal charges that he conspired with members of Anonymous to attack Tribune Company websites, his former employer.According to the government’s indictment, Keys provided Anonymous hackers with information including usernames and passwords to access Tribune Company sites in late 2010, after he was fired from his job at a Tribune-owned station in Sacramento. Keys has rejected a plea bargain and, if found guilty, could face up to 25 years in prison and a fine of up to $750,000. His attorneys argue that although Keys had communicated with Anons via online chatrooms, it was someone posing as the journalist who provided the Tribune Co. access information.”There’s an incongruity to all of this that we’re hoping to get to the bottom of in the next couple months,” Key’s attorney Jay Leiderman told HuffPo.Continue Reading… Read More

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Ricin suspect released from jail

OXFORD, Miss. — The Mississippi man charged with sending poisoned letters to President Barack Obama, a U.S. senator and a state judge was released from jail on Tuesday, federal official said, though the reason for the release wasn’t immediately clear.Jeff Woodfin, chief deputy with the U.S. Marshals Service in Oxford, Miss., said Paul Kevin Curtis has been released from custody. Woodfin said he doesn’t know if there were any conditions on the release. The development comes hours after officials canceled a detention and preliminary hearing without explaining the reason for the change.His lawyer Christi McCoy, who has been pushing for the charges to be dropped, said in a text message Tuesday that she could only confirm that her client has been released. “I can tell you he is with his family,” McCoy said. McCoy has said that there is a news conference scheduled for 5 p.m. CDT with federal authorities and defense attorneys. Curtis was arrested last Wednesday at his house in Corinth, Miss., and charged with sending ricin-laced letters to Obama, Sen. Roger Wicker and a Lee County, Miss., judge. Tuesday’s hearing in federal court was canceled about 90 minutes after it was supposed to begin. Lawyers spent that time conferring with the judge. Later, Curtis and family members were escorted into a meeting room with his lawyers, followed by a probation officer. On Monday, FBI Agent Brandon Grant testified that Friday searches of Curtis’ vehicle and house in Corinth, Miss., found no ricin, ingredients for the poison, or devices used to make it. A search of Curtis’ computers found no evidence he researched making ricin. “There was no apparent ricin, castor beans or any material there that could be used for the manufacturing, like a blender or something,” Grant testified. He speculated that Curtis could have thrown away the processor. Through McCoy, Curtis has denied involvement in letters containing ricin sent to Obama, Mississippi Republican Sen. Roger Wicker, and a Lee County, Miss., judge. The first of the letters was found April 15. “The searches are concluded, not one single shred of evidence was found to indicate Kevin could have done this,” McCoy told reporters after the hearing Monday. McCoy also questioned why Curtis would have signed the letters “I am KC and I approve this message,” a phrase he had used on his Facebook page. McCoy said in court that someone may have framed Curtis, suggesting that a former business associate of Curtis’ brother, a man with whom Curtis had an extended exchange of angry emails, may have set him up. Still, Grant testified that authorities believe they have the right suspect. “Given the right mindset and the Internet and the acquisition of material, other people could be involved. However, given information right now, we believe we have the right individual,” he said. Grant said lab analysis shows the poison in the letters was in a crude form that could have been created by grinding castor beans in a food processor or coffee grinder. Grant testified Friday that authorities tried to track down the sender of the letters by using a list of Wicker’s constituents with the initials KC, the same initials in the letters. Grant said the list was whittled from thousands to about 100 when investigators isolated the ones who lived in an area that would have a Memphis, Tenn., postmark, which includes many places in north Mississippi. He said Wicker’s staff recognized Curtis as someone who had written the senator before. All the envelopes and stamps were self-adhesive, Grant said Monday, meaning they won’t yield DNA evidence. He said thus far the envelopes and letters haven’t yielded any fingerprints. Continue Reading… Read More