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Chinese court sentences US geologist to 8 years
Headline Legal News | 2010/07/05 06:53

An American geologist detained and tortured by China's state security agents over an oil industry database was jailed for eight years Monday in a troubling example of China's rough justice system and the way the U.S. government handles cases against its citizens.

Beijing's No. 1 Intermediate People's Court convicted Xue Feng of collecting intelligence and illegally providing state secrets and immediately sentenced him.

Xue's lawyer Tong Wei described the sentence as "very heavy", just short of the maximum 10 years, and said he would confer with Xue over whether to appeal. Xue was also fined 200,000 yuan ($30,000).

The U.S. Ambassador to China, Jon Huntsman, witnessed the sentencing in a show of high-level U.S. government concern about the case. Afterward, the U.S. Embassy released a statement saying it was dismayed and urged China to grant Xue "humanitarian release and immediately deport him."

For Xue, the verdict comes more than six months since the last court hearing and two and a half years after he was detained — a protracted prosecution and pretrial detention that Chinese officials never explained.

Born in China and trained at the University of Chicago, Xue ran afoul of the authorities for arranging the sale of a detailed commercial database on China's oil industry to IHS Energy, the energy consulting firm he worked for that is now known as IHS Inc. and based in Colorado.



Calif man accused of extortion through hacking
Headline Legal News | 2010/06/24 09:00
Federal agents have arrested a man accused of hacking into computers to obtain personal data to extort sexually explicit videos from women and teenage girls in exchange for keeping their information private.

The Los Angeles U.S. attorney's office says 31-year-old Luis Mijangos was arrested Tuesday in Santa Ana.

FBI experts say he infected more than 100 computers used by about 230 people, including at least 44 juveniles.

The alleged scheme involved using peer-to-peer networks to infect computers, induce victims to download malware disguised as songs, and control those computers to spread malware through contact lists.

Mijangos allegedly searched computers for sexual or intimate images to blackmail victims into making videos for him. Prosecutors say he also was able to control some webcams to capture intimate scenes.



High court upholds anti-terror law
Headline Legal News | 2010/06/21 09:01

The Supreme Court has upheld a federal law that bars "material support" to foreign terrorist organizations, rejecting a free speech challenge from humanitarian aid groups.

The court ruled 6-3 Monday that the government may prohibit all forms of aid to designated terrorist groups, even if the support consists of training and advice about entirely peaceful and legal activities.

Material support intended even for benign purposes can help a terrorist group in other ways, Chief Justice John Roberts said in his majority opinion.

"Such support frees up other resources within the organization that may be put to violent ends," Roberts said.

Justice Stephen Breyer took the unusual step of reading his dissent aloud in the courtroom. Breyer said he rejects the majority's conclusion "that the Constitution permits the government to prosecute the plaintiffs criminally" for providing instruction and advice about the terror groups' lawful political objectives. Justices Ruth Bader Ginsburg and Sonia Sotomayor joined the dissent.



High court to review mental health advocacy suit
Headline Legal News | 2010/06/21 09:01

The Supreme Court says it will decide whether Virginia's advocate for the mentally ill can force state officials to provide records relating to deaths and injuries at state mental health facilities.

The justices agreed Monday to review a federal appeals court ruling dismissing the state advocate's lawsuit against Virginia's mental health commissioner and two other officials.

Backing the appeal, the Obama administration said the ruling by the 4th U.S. Circuit Court of Appeals in Richmond "threatens to undermine the enforcement of federal laws that Congress designed to protect especially vulnerable individuals from the abusive and neglectful practices that can result in injury and death."

The Virginia advocate's office, like those in the other 49 states, was created under two federal laws that give states federal money for monitoring the treatment of the mentally ill in state facilities. The first law grew out of public reports in the 1970s of crowded, filthy conditions and abusive treatment of mentally retarded children at the Willowbrook State School in New York.

The issue for the court is whether the Eleventh Amendment prohibits a state agency from going to federal court to sue officials of the same state. The state itself could not be sued in the same circumstances.



Texas asks court to intervene in fight with EPA
Headline Legal News | 2010/06/16 03:01
Texas asked a federal court on Monday to intervene in its fight with the Environmental Protection Agency over how the state regulates emissions from oil refineries and other petrochemicals plants. Texas Attorney General Greg Abbott asked the 5th U.S. Circuit Court of Appeals in New Orleans to review the EPA's rejection in March of a 1995 state law that allows refineries to be modified without being subject to additional regulation, provided the changes don't increase a facility's overall emissions.

The issue is part of an ongoing disagreement Texas and the EPA have over how pollution is regulated in the state, said Terry Clawson, a spokesman for the Texas Commission on Environmental Quality. In recent weeks, debate has focused on the state's use of so-called flexible permits, which sets a general limit on how much pollutants an entire facility can release.

In a news release, Abbott's office criticized the EPA for taking more than a decade before deciding to reject the law and said it filed the legal challenge "in an effort to defend the state's legal rights and challenge improper overreach by the federal government."



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