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Martin Shkreli cries in court, is sentenced to 7 years for securities fraud
Press Release | 2018/03/05 21:36
The smirk wiped from his face, a crying Martin Shkreli was sentenced to seven years in prison for securities fraud Friday in a hard fall for the pharmaceutical-industry bad boy vilified for jacking up the price of a lifesaving drug.

Shkreli, the boyish-looking, 34-year-old entrepreneur dubbed the "Pharma Bro" for his loutish behavior, was handed his punishment after a hearing in which he and his attorney struggled with limited success to make him a sympathetic figure

The defendant hung his head and choked up as he admitted to many mistakes and apologized to the investors he was convicted of defrauding. At one point, a clerk handed him a box of tissues.

"I want the people who came here today to support me to understand one thing: The only person to blame for me being here today is me," he said. "There is no conspiracy to take down Martin Shkreli. I took down Martin Shkreli."

In the end, U.S. District Judge Kiyo Matsumoto gave him a sentence that fell well short of the 15 years prosecutors wanted but was a lot longer than the 18 months his lawyer asked for. He was also fined $75,000.

He was found guilty in August of lying to investors in two failed hedged funds and cheating them out of millions. The case was unrelated to the 2015 furor in which he was accused of price-gouging, but his arrest was seen as rough justice by the many enemies he made with his smug and abrasive behavior online and off.

The judge insisted that the punishment was not about Shkreli's online antics or his raising the cost of the drug. "This case is not about Mr. Shkreli's self-cultivated public persona ... nor his controversial statements about politics or culture," Matsumoto said.

But she did say his conduct after the verdict made her doubt the sincerity of his remorse. She cited his bragging after the verdict that he would be sentenced to time served. And she quoted one piece of correspondence in which he wrote: "F--- the feds."

The judge ruled earlier that Shkreli would have to forfeit more than $7.3 million in a brokerage account and personal assets, including a one-of-a-kind Wu-Tang Clan album that he boasted of buying for $2 million.

Defense attorney Benjamin Brafman described Shkreli as a misunderstood eccentric who used unconventional means to make his defrauded investors even wealthier. He told the court that he sometimes wants to hug Shkreli and sometimes wants to punch him , but that his outspokenness shouldn't be held against him.


Court: Idaho nuclear waste documents won't be made public
Press Release | 2018/02/08 19:07
U.S. officials don't have to provide details about proposed shipments of extremely radioactive spent commercial nuclear fuel to the country's top government nuclear research laboratory in Idaho, a federal court has ruled.

The ruling was a major setback to a lawsuit filed by former Idaho Gov. Cecil Andrus, who had a long history of legal battles with the Energy Department over nuclear waste entering the state and a firm belief that residents had a right to know the agency's plans.

U.S. District Court Judge B. Lynn Winmill on Tuesday ruled the federal agency acted properly in withholding information sought by Andrus in a Freedom of Information Act request he filed in January 2015.

That decision means the documents will not be released to the public anytime soon, but they ultimately could be as another part of Andrus' argument has yet to play out and the case remains open.

Andrus, a Democrat who died in August at age 85, filed the lawsuit in September 2015 after receiving heavily blacked-out documents from the federal agency about the spent commercial nuclear fuel shipments. His daughter, Tracy Andrus, has been substituted with the court's approval as the plaintiff in the case.

The former governor's longtime aide, Marc Johnson, said he was disappointed with Tuesday's ruling in favor of the Department of Energy, "particularly after waiting so long to see what DOE really has in mind for further waste in Idaho."

The lawsuit seeks information about several hundred pounds of proposed research shipments of spent commercial nuclear fuel the federal agency wants to send to the Idaho National Laboratory, the nation's top federal nuclear research lab.

The shipments required a waiver to a nuclear waste agreement the Energy Department and Idaho signed in 1995 limiting nuclear waste shipments to Idaho. The agreement followed federal court victories by then Gov. Andrus at a time when he feared the state was becoming a repository for the nation's nuclear waste.

Andrus, before his death from complications from cancer, contended that signing such a waiver would open the state up to receiving tons of nuclear waste from around the nation, and is why he sought information about the Energy Department's plans.


Free Speech Is Starting to Dominate the US Supreme Court's Agenda
Press Release | 2017/11/15 13:06
To get the Supreme Court's attention these days, try saying your speech rights are being violated.

Whether the underlying topic is abortion, elections, labor unions or wedding cakes, the First Amendment is starting to dominate the Supreme Court's agenda.

The court on Monday granted three new speech cases, including a challenge to a California law that requires licensed pregnancy-counseling clinics to tell patients they might be eligible for free or discounted abortions. The nine-month term now features six cases, out of 44 total, that turn on the reach of the Constitution's free speech guarantee.

Several will be among the term's most closely watched. They include a high-profile fight over a Colorado baker who refuses to make cakes for same-sex weddings and a challenge to the requirement in some states that public-sector workers pay for the cost of union representation. Both of those cases offer the prospect of ideological divides that could put the court's five Republican appointees in the majority, backing free speech rights.

Free speech also plays a central role in what could be a watershed case involving partisan voting districts. The court's liberals could join with Justice Anthony Kennedy to allow legal challenges to partisan gerrymanders for the first time. During arguments in October, Kennedy suggested those challenges would be based on the First Amendment's protections for speech and free association.

The free speech clause has had a special resonance with the court's conservative wing under Chief Justice John Roberts. The court invoked the First Amendment in the landmark 2010 Citizens United decision, which said corporations could spend unlimited sums on political causes. Writing for the five-justice majority, Kennedy equated federal spending restrictions with using "censorship to control thought."

The court has also backed speech rights with more lopsided majorities in cases involving violent video games, depictions of animal cruelty, abortion-clinic buffer zones and anti-homosexual protesters.



Obama's power over immigration drives Supreme Court dispute
Press Release | 2016/04/14 22:52
The raging political fight over immigration comes to the Supreme Court on Monday in a dispute that could affect millions of people who are in the United States illegally.
 
The court is weighing the fate of Obama administration programs that could shield roughly 4 million people from deportation and grant them the legal right to hold a job.

Among them is Teresa Garcia of suburban Seattle, who has spent 14 years in the United States illegally after staying beyond the expiration of her tourist visa in 2002.

She's already gotten much of what she wanted when she chose not to return to her native Mexico. Her two sons are benefiting from an earlier effort that applies to people who were brought here illegally as children. Garcia's 11-year-old daughter is an American citizen.

Now, she would like the same for herself and her husband, a trained accountant who works construction jobs. Neither can work legally.

"To have a Social Security number, that means for me to have a better future. When I say better future, we are struggling with the little amount of money my husband is getting for the whole family. It makes for stress every day. We struggle to pay for everything," Garcia said.

The programs announced by President Barack Obama in November 2014 would apply to parents whose children are citizens or are living in the country legally. Eligibility also would be expanded for the president's 2012 effort that helped Garcia's sons. More than 700,000 people have taken advantage of that earlier program, Deferred Action for Childhood Arrivals. The new program for parents and the expanded program for children could reach as many as 4 million people, according to the nonpartisan Migration Policy Institute.


German court: former SS Auschwitz guard fit for trial
Press Release | 2015/11/02 09:37
A German court says a 93-year-old former SS sergeant charged with 170,000 counts of accessory to murder on allegations he served as an Auschwitz death camp guard has been declared fit for trial.
 
The Detmold state court said Monday a doctor determined that Reinhold H., whose last name wasn't given for privacy reasons, is fit to stand trial so long as sessions are limited to two hours per day.

Defense attorneys and prosecutors now have two weeks to submit responses to the expert opinion. The court will then decide whether to open a trial.

H. is accused of being an accessory to murders at Auschwitz from January 1943 to June 1944. The suspect says he was assigned to a part of the camp not involved in the mass murders.




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