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Mexican cartel leader’s son convicted of violent role in drug trafficking plot
Court Watch | 2024/09/21 06:48
The son of a Mexican drug cartel leader was convicted Friday of charges that he used violence, including the deadly downing of a military helicopter, to help his father operate one of the country’s largest and most dangerous narcotics trafficking organizations.

Rubén Oseguera, known as “El Menchito,” is the son of fugitive Jalisco New Generation cartel boss Nemesio Oseguera and served as the “CJNG” cartel’s second-in-command before his extradition to the U.S. in February 2020.

A federal jury in Washington, D.C., deliberated for several hours over two days before finding the younger Oseguera guilty of both counts in his indictment: conspiring to distribute cocaine and methamphetamine for U.S. importation and using a firearm in a drug conspiracy.

“El Menchito now joins the growing list of high-ranking Cartel leaders that the Justice Department has convicted in an American courtroom,” Attorney General Merrick Garland said in an emailed statement. “We are grateful to our Mexican law enforcement partners for their extensive cooperation and sacrifice in holding accountable leaders of the Jalisco Cartel.”

The younger Oseguera, who was born in California and holds dual U.S.-Mexican citizenship, is scheduled to be sentenced Jan. 10 by U.S. District Judge Beryl Howell. He faces a maximum sentence of life in prison and a mandatory minimum of 40 years in prison.

Oseguera didn’t have an obvious reaction to the jury’s verdict. One of his lawyers patted him on his shoulder before he was led out of the courtroom.

The U.S. government has offered a reward of up $10 million for information leading to the arrest of the elder Oseguera, whose alias, “El Mencho,” is a play on his first name.

Prosecutors showed jurors a rifle bearing Oseguera’s nicknames, “Menchito” and “JR,” along with the cartel’s acronym. The gun was in his possession when he was arrested.

“JR” also was etched on a belt found at the site where a Mexican military helicopter crashed after cartel members shot the aircraft down with a rocket-propelled grenade in 2015. Prosecutors said the younger Oseguera, now 34, ordered subordinates to shoot down the helicopter in Jalisco, Mexico, so that he and his father could avoid capture. At least nine people on board the helicopter were killed in the attack, according to prosecutors.

Oseguera ordered the killings of at least 100 people and frequently bragged about murders and kidnappings, according to prosecutors. They said he personally shot and killed at least two people, including a rival drug trafficker and a disobedient subordinate.

During the trial’s closing arguments Thursday, Justice Department prosecutor Kaitlin Sahni described Oseguera as “a prince, an heir to an empire.”

“But this wasn’t a fairytale,” she said. “This was the story of the defendant’s drugs, guns and murder, told to you by the people who saw it firsthand.”

Jurors heard testimony from six cooperating witnesses who tied Oseguera to drug trafficking.

Defense attorney Anthony Colombo tried to attack the witnesses’ credibility and motives, calling them “sociopaths” who told self-serving lies about his client.


Sean ‘Diddy’ Combs jailed by judge after sex trafficking indictment
Court Watch | 2024/09/17 06:50
Sean “Diddy” Combs headed to jail Tuesday to await trial in a federal sex trafficking case that accuses him of presiding over a sordid empire of sexual crimes protected by blackmail and shocking acts of violence.

The music mogul is charged with racketeering conspiracy and sex trafficking. The indictment against him lists allegations that go back to 2008.

He’s accused of inducing female victims and male sex workers into drugged-up, sometimes dayslong sexual performances dubbed “Freak Offs.” The indictment also refers obliquely to an attack on his former girlfriend, the R&B singer Cassie, that was captured on video.

“Not guilty,” Combs told a court, standing to speak after expressionlessly listening to the allegations with his uncuffed hands folded in his lap.

After U.S. Magistrate Judge Robyn Tarnofsky declined to grant him bail, Combs took a long swig from a water bottle, then was led out of court, turning toward family members in the audience as he went.

“Mr. Combs is a fighter. He’s going to fight this to the end. He’s innocent,” his lawyer, Marc Agnifilo, said after court. He plans to appeal the bail decision.

The Bad Boy Records founder is accused of sexually abusing and using physical force toward women and getting his personal assistants, security and household staff to help him hide it all. Prosecutors say he also tried to bribe and intimidate witnesses and victims to keep them quiet.

“Simply put, he is a serial abuser and a serial obstructor,” Assistant U.S. Attorney Emily Johnson told a court.

Agnifilo acknowledged Combs was “not a perfect person,” saying he’d used drugs and had been in “toxic relationships” but was getting treatment and therapy.

“The evidence in this case is extremely problematic,” the attorney told the court.

He maintained that the case stemmed from one long-term, consensual relationship that faltered amid infidelity. He didn’t name the woman, but the details matched those of Combs’ decade-long involvement with Cassie, whose legal name is Casandra Ventura.

The “Freak Offs,” Agnifilo contended, were an expansion of that relationship, and not coercive.

“Is it sex trafficking? Not if everybody wants to be there,” Agnifilo said, arguing that authorities were intruding on his client’s private life.

Prosecutors said in court papers that they had interviewed more than 50 victims and witnesses and expect the number to grow. They said they would use financial, travel and billing records, electronic data and communications and videos of the “Freak Offs” to prove their case.

Combs was arrested Monday in Manhattan, roughly six months after federal authorities raided his luxurious homes in Los Angeles and Miami.

A conviction on every charge would require at least 15 years in prison, with the possibility of a life sentence.

The indictment describes Combs as the head of a criminal enterprise that engaged or attempted to engage in sex trafficking, forced labor, interstate transportation for purposes of prostitution, drug offenses, kidnapping, arson, bribery and obstruction of justice.

Combs and his associates wielded his “power and prestige” to intimidate and lure women into his orbit, “often under the pretense of a romantic relationship,” according to the indictment.

It says he then would use force, threats and coercion to get the women to engage with male sex workers in the “Freak Offs” — “elaborate and produced sex performances” that Combs arranged and recorded, creating dozens of videos.  He ensured their participation by procuring and providing drugs, controlling their careers, leveraging his financial support and using intimidation and violence, according to the indictment. It said his employees facilitated “Freak Offs” by taking care of tasks like travel and hotel arrangements and stocking them with such supplies as drugs and baby oil.

The events could last for days, and Combs and victims would often receive IV fluids to recover from the exertion and drug use, the indictment said.

During the searches of Combs’ homes earlier this year, law enforcement seized narcotics, videos of the performances and more than 1,000 bottles of baby oil and lubricant, according to prosecutors. They said agents also seized firearms and ammunition, including three AR-15s with defaced serial numbers in his bedroom closet in Miami.

Combs’ lawyer said his client didn’t own the guns, noting that he employs a security company.

The indictment says Combs choked, shoved, hit and kicked people, causing injuries that often took days or weeks to heal. His employees and associates sometimes kept victims from leaving or tracked down those who tried, the indictment said.

It alleges that Combs used explicit recordings as “collateral” to ensure the women’s continued obedience and silence. He also exerted control over victims by promising career opportunities, providing and threatening to withhold financial support, dictating how they looked, monitoring their health records and controlling where they lived, according to the indictment.



‘The Mentalist’ star Simon Baker admits drinking and driving in Australia
Court Watch | 2024/09/11 08:36
Australian actor and director Simon Baker, best known for his role as Patrick Jane in the CBS drama series “The Mentalist,” avoided a conviction Wednesday after pleading guilty to a charge of driving under the influence of alcohol near his rural home.

The 55-year-old appeared in the Mullumbimby Local Court in New South Wales state for sentencing after pleading guilty the week before to a charge of driving with a blood-alcohol concentration exceeding the legal limit of 0.05%.

Baker acted alongside Meryl Streep and Anne Hathaway in the Oscar-nominated 2006 film “The Devil Wears Prada” before starring as a former professional psychic who became a California Bureau of Investigation consultant in the hit series “The Mentalist” for eight seasons until 2015. He has worked on multiple shows and movies since, including a movie adaptation of Kazuo Ishiguro’s “ Klara and the Sun ” directed by Taika Waititi with an expected 2025 release.

Magistrate Kathy Crittenden accepted that Baker was remorseful and was unlikely to drive after drinking again. She released him on a nine-month good behavior bond with no conviction recorded. Australian judges have discretion to not record a conviction against first-time offenders under exceptional circumstances.

Police reported seeing Baker’s Tesla electric car driving erratically in the fashionable Byron Bay region where he lives at 2:11 a.m. July 20.

That was hours after a faulty software update issued by cybersecurity firm CrowdStrike created worldwide technological havoc, disrupting airlines, hospitals, government offices and financial systems. Crittenden said the outage knocked police systems offline and an electronic breath test could not be completed on Baker.

She said police resorted to an “old-fashioned sobriety test.”

Police reported Baker was unsteady on his feet and smelled of alcohol. He told police he had consumed four glasses of wine over dinner since 6 p.m., roughly eight hours prior. He was alone in the car.

Baker was “very polite and cooperative” and “extremely remorseful for his actions,” Crittenden said. Baker had since completed a traffic offenders’ rehabilitation program, the court was told.

Crittenden said four character references were tendered to the court about Baker’s community contributions, significant remorse and attesting to his conduct being out of character.

“The court has little difficulty in finding that Mr. Baker is remorseful for his offending and it is unlikely he will offend again,” she said.


Alaska high court lets man serving a 20-year sentence remain in US House race
Court Watch | 2024/09/08 11:20
The Alaska Supreme Court ruled Thursday that a man currently serving a 20-year prison sentence can remain on the November ballot in the state’s U.S. House race.

In a brief order, a split court affirmed a lower court ruling in a case brought by the Alaska Democratic Party; Justice Susan Carney dissented. A full opinion explaining the reasoning will be released later.

Democrats sued state election officials to seek the removal from the ballot of Eric Hafner, who pleaded guilty in 2022 to charges of making threats against police officers, judges and others in New Jersey.

Hafner, who has no apparent ties to Alaska, is running as a Democrat in a closely watched race featuring Democratic U.S. Rep. Mary Peltola and Republican Nick Begich. Hafner’s declaration of candidacy listed a federal prison in New York as his mailing address.

Under Alaska’s open primary system, voters are asked to pick one candidate per race, with the top four vote-getters advancing to the general election. Hafner finished sixth in the primary but was placed on the general election ballot after Republicans Lt. Gov. Nancy Dahlstrom and Matthew Salisbury, who placed third and a distant fourth, withdrew.

John Wayne Howe, with the Alaskan Independence Party, also qualified.

Attorneys for Alaska Democrats argued that there was no provision in the law for the sixth-place finisher to advance, while attorneys for the state said that interpretation was too narrow.


The Supreme Court strips the SEC of a critical enforcement tool in fraud cases
Court Watch | 2024/07/02 11:46
The Supreme Court on Thursday stripped the Securities and Exchange Commission of a major tool in fighting securities fraud in a decision that also could have far-reaching effects on other regulatory agencies.

The justices ruled in a 6-3 vote that people accused of fraud by the SEC, which regulates securities markets, have the right to a jury trial in federal court. The in-house proceedings the SEC has used in some civil fraud complaints, including against Houston hedge fund manager George Jarkesy, violate the Constitution, the court said.

“A defendant facing a fraud suit has the right to be tried by a jury of his peers before a neutral adjudicator,” Chief Justice John Roberts wrote for the court’s conservative majority.

Justice Sonia Sotomayor, who read from her dissent in the courtroom, said that “litigants who seek to dismantle the administrative state” would rejoice in the decision.

Federal agencies that oversee safety in mines and other workplaces are among many that can only impose civil penalties in in-house, administrative proceedings, Sotomayor wrote, joined by Justices Ketanji Brown Jackson and Elena Kagan.

“For those and countless other agencies, all the majority can say is tough luck; get a new statute from Congress,” she wrote.

The case is among several this term in which conservative and business interests are urging the nine-member court to constrict federal regulators. The court’s six conservatives already have done so, including in a decision last year that sharply limited environmental regulators’ ability to police water pollution in wetlands.

Still awaiting decision are cases calling on the court to overturn the 40-year-old ruling colloquially known as Chevron, which has made it easier to sustain regulation of the environment, public, health, worker safety and consumer protection. Some of the same parties that supported Jarkesy at the Supreme Court are calling for Chevron to be overturned.

The SEC was awarded more than $5 billion in civil penalties in the 2023 government spending year that ended Sept. 30, the agency said in a news release. It was unclear how much of that money came through in-house proceedings or lawsuits in federal court.

The agency had already reduced the number of cases it brings in administrative proceedings pending the Supreme Court’s resolution of the case.

The high court rejected arguments advanced by President Joe Biden’s Democratic administration that relied on a 50-year-old decision in which the court ruled that in-house proceedings did not violate the Constitution’s right to a jury trial in civil lawsuits.

The justices ruled in favor of Jarkesy after the SEC appealed a decision in which the New Orleans-based 5th U.S. Circuit Court of Appeals threw out stiff financial penalties against Jarkesy and his Patriot28 investment adviser.

The appeals court found that the SEC’s case against Jarkesy, resulting in a $300,000 civil fine and the repayment of $680,000 in allegedly ill-gotten gains, should have been heard in a federal court instead of before one of the SEC’s administrative law judges.


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