Category: Lawyering

Dot Con: Wife Refuses to Turn Over Money to Victims to Reduce Husband’s Sentence

thumb_wedding_happy_bridethumb_wedding_ball_and_chainFormer Pennsylvania lawyer Ralph Mirarchi appears to have as bad marital as legal problems these days. Under a plea bargain, Marachi was supposed to have his sentence reduced once his wife sold their New Jersey home to help repay his victims. Instead, Mirachi, 69, was sentenced to up to 8 1/2 years after his wife of forty years Dorothy “Dot” Mirachi decided to keep the home and allegedly used money from another real estate sale to pay off her Lexus rather than her husband’s victims.
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The One That Got Away: Florida Fish Shop Wins Case Against Clearwater

largemouthbasstax1The City of Clearwater, Florida has decided to throw one back. We have been following the story of bait shop owners Herb and Lori Quintero in Clearwater, Florida who challenged a fine for having a fish mural painted on the outside of their business — later covered up by a copy of the first amendment. The controversy was a combination of remarkably bad lawyering and judgment by the city. It has now concluded after two adverse rulings against the city and a $55,000 settlement paid to the Quinteros.
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Yoo Must Be Kidding: Professor Argues That Bush Could Negate Both The Fourth Amendment and The Posse Comitatus Act By Simply Declaring Deployment To Be A National Security Matter

180px-john-yooThe debate continues to rage this week over the push by Vice President Dick Cheney and others to have former President George Bush deploy active military units in a suburb of Buffalo to arrest a small group of men who were suspected of supporting terrorism (here). Nor surprising, Bush officials went to Berkeley law professor John Yoo to tell them that (surprise!) the President was not bound by the Fourth Amendment or federal law if he unilaterally declared the operation to be a national security matter. Yoo and his former colleague conclude that “the president has the legal and constitutional authority to use military force within the United States to respond to and combat future acts of terrorism, and that the Posse Comitatus Act does not bar deployment.” I discussed the controversy on this segment of Countdown.
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California Supreme Court Orders Bar to Allow Quadriplegic To Take Exam

CalBarSealThe State Bar of California will allow a remarkable graduate of UC Davis School of Law to sit for the bar exam after the intervention of the California Supreme Court. Sara Granda is a quadriplegic who was barred from sitting on the exam due to a technical glitch on her online application.
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Report: Bush Considered Sending Troops Into Buffalo for Terror Sweep

225px-richard_cheney_2005_official_portrait180px-Cpt._J._Dow_Covey_and_Staff_Sgt._Justin_Evaristo_2nd_Infantry_Division,_IraqIn yet another indication of how extreme Bush officials were in their war on terrorism, the New York Times is reporting that Vice President Dick Cheney and others pushed former President George Bush to send troops into Buffalo New York to arrest a group of men accused of terrorism.
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If You Prick Us, Do We Not Bleed? New York Lawyer Prevails in Contesting Arrest for Foul Language

nicubunu_open_mouthIt took New York Attorney Joseph DePaula four years but he has finally prevailed in his false arrest claim after he was thrown into jail for calling an officer a “prick” in court in 2005.
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Report: Sgt. Crowley Considering Defamation Lawsuit in Gates Controversy

180px-Henry_Louis_Gates250px-al_sharpton_by_david_shankboneCambridge Police Sergeant James M. Crowley is considering a defamation lawsuit, according to his lawyer. The possibility of a lawsuit adds an intriguing element to this controversy over the arrest of Harvard Professor Henry Louis Gates Jr. The Massachusetts Police Commissioner Robert Hass has also come out to criticize the comments of President Barack Obama denouncing the actions of the police as “stupidity” and suggesting that it was a case of racial profiling.
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Rabbis and Mayors Arrested in New Jersey Public Corruption Probe

mayorpetercammarano1ElwellA group of rabbis were among the 30 or so people arrested in New Jersey with two mayors in a major corruption probe. Hoboken Mayor Peter Cammarano III (left) and Secaucus Mayor Dennis Elwell (right) were among those arrested in what is described as a “high-volume, international money-laundering conspiracy” where the rabbis used their their religious organizations to launder the money. There are also allegations of cash-filled envelopes going to politicians in garden-variety corruption claims.

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Rhode Island Judge Bans Sister From Commenting on Facebook About Her Brother’s Custody Case

125px-Flag_of_Rhode_Island.svgRhode Island Judge Michael Forte has a curious concept of free speech and a dangerous view of judicial authority. Forte recently issued an order banning the sister of a father in a custody battle from commenting on the case on Facebook. Michelle Bouthillier Langlois, 41, has been defending her brother Michael from domestic-abuse allegations.
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Democrats Denounce Obama for Bush-Like Signing Statement That He Is Not Bound By Federal Legislation

1-135Four House Democrats have finally stepped forward to denounce the Bush-like policies of President Obama, particularly his recent signing statement proclaiming that he is not bound by federal legislation. The letter was signed by Reps. David Obey of Wisconsin, chairman of the House Appropriations Committee; Barney Frank of Massachusetts, chairman of the House Financial Services Committee; and subcommittee chairs Reps. Nita Lowey and Gregory Meeks of New York. The letter breaks from the lockstep loyalty shown Obama despite his adoption of many of Bush’s most controversial positions.
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California Divorce Lawyer Arrested on Suspicion of Planning to Kill His Wife — And Then Released for Lack of Evidence

180px-Prison_cellLa Jolla divorce attorney Steven Liss, 53, was arrested this week on suspicion of four counts of solicitation to commit murder, false imprisonment and spousal battery. Police allege that Liss has been seeking help from various people to kill this wife Karen. One could certainly think that, if the allegations are true, there were better options like . . . a divorce. One day later, however, he was released with prosecutors saying that they need more evidence.
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Obama Administration Misses Deadline for Report on Detainees

180px-Camp_x-ray_detainees225px-official_portrait_of_barack_obamaIn yet another failure to honor its promises to civil libertarians, the Obama Administration has failed to honor its own deadline for the submission of a report on its policy for the detention of terror suspects. The report was expected to give details on Obama’s promise to shutdown the U.S. military prison at Guantanamo Bay.
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Federal Court Rules CIA Committed Fraud in Federal Case

180px-Lamberth200px-George_Tenet_portrait_headshotThe CIA has been accused of yet another fraud. U.S. District Judge Royce Lamberth had referred a CIA attorney for disciplinary action and is considering further sanctions against five current and former CIA employees, including former CIA Director George Tenet, for misleading the court in a federal case.
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China Raids and Confiscates Computers and Files of Leading Civil Rights Activists

China's flagA leading civil rights organization in China, the Open Constitution Initiative, was effectively shutdown last Friday by the Chinese government, which seized its computers and files — including sensitive files on the tainted milk powder scandal that killed at least six children and hurt hundreds of thousands.

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