Kavanaugh predicts ‘concrete steps soon’ to address ethics concerns

Legal Insight 2023/09/08 11:36   Bookmark and Share
Supreme Court Justice Brett Kavanaugh told a judicial conference on Thursday he hopes there will be “concrete steps soon” to address recent ethics concerns surrounding the court, but he stopped short of addressing calls for justices to institute an official code of conduct.

“We can increase confidence. We’re working on that,” Kavanaugh told the conference attended by judges, attorneys and other court personnel in Ohio. He said all nine justices recognize that public confidence in the court is important, particularly now.

Public trust in the court is at a 50-year low following a series of divisive rulings, including the overturning of Roe v. Wade federal abortion protections last year, and published reports about the justices’ undisclosed paid trips and other ethical concerns.

“There’s a storm around us in the political world and the world at large in America,” Kavanaugh said. “We, as judges and the legal system, need to try to be a little more, I think, of the calm in the storm.”

Justice Clarence Thomas acknowledged recently that he took three trips last year aboard a private plane owned by Republican megadonor Harlan Crow even as he rejected criticism over his failure to report trips in previous years.

Reporting by the investigative news site ProPublica also revealed that Justice Samuel Alito failed to disclose a private trip to Alaska he took in 2008 that was paid for by two wealthy Republican donors, one of whom repeatedly had interests before the court.
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Owner of Maryland Construction Company Pleads Guilty to Tax Evasion

Legal Insight 2023/08/10 12:46   Bookmark and Share
According to court documents, Jerry Lee Redman of Severn, Maryland, owned Redman Services Inc. (RSI), a paving and construction company.

For at least 2015 through 2018, Redman filed corporate income tax returns for RSI that underreported the business’s gross receipts. Redman caused customers to write checks to him personally, instead of to RSI, and then deposited those checks into his personal bank account.

Those payments were not reported as gross receipts on RSI’s corporate returns. During the same years, Redman also did not report other income that he received from RSI. Redman withdrew and caused others to withdraw funds from RSI’s business bank account to pay for his personal expenses, but Redman did not report those funds as income on his own tax returns. Some of the withdrawals for personal expenses were also falsely deducted as business expenses on RSI’s corporate returns. Redman’s conduct caused a loss to the IRS of approximately $666,113.

If convicted, Redman faces a maximum sentence of five years in prison. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement. IRS-Criminal Investigation is investigating the case.
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Russian court imposes 3- to 6-year sentences for distributing tainted drinks

Legal Insight 2023/08/07 14:23   Bookmark and Share
A Russian court on Monday sentenced seven defendants to as little as three years in prison for distributing methanol-tainted drinks that killed 44 people.

The court in Yekaterinburg, Russia’s fourth-largest city, convicted the seven of charges including sale of goods that do not meet safety requirements and result in the deaths of two or more people; sentences ran from three to six years.

Prosecutors said the seven had illegally sold alcohol since 2020 and that in 2021 they sold drinks containing excessive amounts of methanol, which is commonly used as a solvent. A total of 51 people were sickened by the drinks, of whom 44 died.
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Trump’s Lawyers Meet With Prosecutors as Election Interference Charges Loom

Legal Insight 2023/07/28 12:28   Bookmark and Share
Lawyers for Donald Trump were meeting Thursday with members of special counsel Jack Smith’s team as a potential indictment loomed over the former president’s efforts to overturn the results of the 2020 election, according to a person familiar with the matter.

The meeting included Trump lawyer John Lauro, said the person, who spoke on the condition of anonymity to The Associated Press to describe a private gathering. Trump earlier this month was informed by Smith’s office that he was a target of the Justice Department’s investigation, suggesting that an indictment could be soon.

The investigation has focused on the turbulent two month-period after the November 2020 election in which Trump refused to accept his loss to Joe Biden and spread lies that victory was stolen from him. The turmoil resulted in the Jan. 6, 2021, riot at the U.S. Capitol, when Trump loyalists violently broke into the building, attacked police officers and disrupted the congressional counting of electoral votes. More than 1,000 people have been charged with federal crimes related to the Capitol riot.

In between the election and the riot, Trump urged local election officials to undo voting results in their states, pressured Vice President Mike Pence to halt the certification of electoral votes and falsely claimed that the election had been stolen — despite the fact that numerous federal and local officials, a long list of courts, top former campaign staffers and even his own attorney general have all said there is no evidence of the fraud he alleges.

A spokesman for Smith declined to comment on Thursday’s meeting.

Trump was charged by Smith’s team last month with illegally hoarding classified documents at his Palm Beach, Florida, estate, Mar-a-Lago, and concealing them from investigators. He was also indicted in New York in March on charges of falsifying business records in connection with an alleged hush money payment to a porn actor. And prosecutors in Fulton County, Georgia, are preparing to announce charging decisions in the coming weeks related to efforts to subvert the election in that state.
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Judge upholds the $5 million jury verdict against Trump

Legal Insight 2023/07/21 07:52   Bookmark and Share
A federal judge on Wednesday upheld a $5 million jury verdict against Donald Trump, rejecting the former president’s claims that the award was excessive and that the jury vindicated him by failing to conclude he raped a columnist in a luxury department store dressing room in the 1990s.

Judge Lewis A. Kaplan said the jury’s May award of compensatory and punitive damages to writer E. Jean Carroll for sexual abuse and defamation in the civil case was reasonable.

Trump’s lawyers had asked Kaplan to reduce the jury award to less than $1 million or order a new trial on damages. In their arguments, the lawyers said the jury’s $2 million in compensatory damages granted for Carroll’s sexual assault claim was excessive because the jury concluded that Trump had not raped Carroll at Bergdorf Goodman’s Manhattan store in the spring of 1996.

Kaplan wrote that the jury’s unanimous verdict was almost entirely in favor of Carroll, except that the jury concluded she had failed to prove that Trump raped her “within the narrow, technical meaning of a particular section of the New York Penal Law.”

The judge said the section requires vaginal penetration by a penis while forcible penetration without consent of the vagina or other bodily orifices by fingers or anything else is labeled “sexual abuse” rather than “rape.”

He said the definition of rape was “far narrower” than how rape is defined in common modern parlance, in some dictionaries, in some federal and state criminal statutes and elsewhere.

The judge said the verdict did not mean that Carroll “failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape.’ Indeed ... the jury found that Mr. Trump in fact did exactly that.”

Trump’s lawyers were correct in arguing that the $2 million award for sexual abuse would have been excessive if the jury based the compensatory award on a conclusion that Trump had groped Carroll’s breasts through her clothing or similar conduct, the judge said. But, he said, that’s not what the jury found.
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First over-the-counter birth control pill gets FDA approval

Legal Insight 2023/07/13 10:23   Bookmark and Share
U.S. officials have approved the first over-the-counter birth control pill, which will let American women and girls buy contraceptive medication from the same aisle as aspirin and eyedrops.

The Food and Drug Administration said Thursday it cleared Perrigo’s once-a-day Opill to be sold without a prescription, making it the first such medication to be moved out from behind the pharmacy counter. The company won’t start shipping the pill until early next year, and there will be no age restrictions on sales.

Hormone-based pills have long been the most common form of birth control in the U.S., used by tens of millions of women since the 1960s. Until now, all of them required a prescription.

Medical societies and women’s health groups have pushed for wider access, noting that an estimated 45% of the 6 million annual pregnancies in the U.S. are unintended. Teens and girls, women of color and those with low incomes report greater hurdles in getting prescriptions and picking them up.

Some of the challenges can include paying for a doctor’s visit, getting time off from work and finding child care.

“This is really a transformation in access to contraceptive care,” said Kelly Blanchard, president of Ibis Reproductive Health, a non-profit group that supported the approval. “Hopefully this will help people overcome those barriers that exist now.”

Ireland-based Perrigo did not announce a price. Over-the-counter medicines are generally much cheaper than prescriptions, but they typically aren’t covered by insurance.

Forcing insurers to cover over-the-counter birth control would require a regulatory change by the federal government, which women’s advocates are urging the Biden administration to implement.

Many common medications have made the switch to non-prescription status in recent decades, including drugs for pain, heartburn and allergies. Birth control pills are available without a prescription across much of South America, Asia and Africa.
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