Saturday, August 28, 2021
West African court to rule on Venezuelan’s extradition to US
A protracted legal battle over the extradition from Cape Verde to the United States of a businessman close to Venezuelan President Nicolas Maduro comes to a head next week when the West African country’s Constitutional Court is due to rule on the case.
Alex Saab was arrested when his jet made a refueling stop on the small island chain, formerly a Portuguese colony, on a June 2020 flight to Iran.
U.S. officials believe Saab holds numerous secrets about how Maduro, the president’s family and his top aides allegedly siphoned off millions of dollars in government contracts amid widespread hunger in oil-rich Venezuela.
Saab is fighting extradition. His lawyers argue that he has diplomatic immunity because he was acting as a special envoy for Venezuela when he was detained in Cape Verde.
Jose Pinto Monteiro, Saab’s lead counsel in Cape Verde, said Friday there are two possible outcomes when the Constitutional Court sits on Aug. 13.
Either the judges throw out Saab’s appeal and the extradition goes ahead, or they accept that there are unconstitutional elements in the case and send it back to a lower court to correct them, Pinto Monteiro told a press conference via video link.
Cape Verde’s Supreme Court ruled last March that the extradition could proceed, and the Constitutional Court appeal is Saab’s last hope.
Saab’s international legal team argues that the extradition has a political motive.
Federal prosecutors in Miami indicted Saab in 2019 on money-laundering charges connected to an alleged bribery scheme that pocketed more than $350 million from a low-income housing project for the Venezuelan government that was never built.
Friday, August 13, 2021
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Sunday, August 1, 2021
Parking tickets hit the docket of federal appeals court
A federal appeals court has heard arguments in a challenge to a Michigan city’s practice of marking tires to catch people who ignore time limits on parking.
Alison Taylor is appealing a decision that went in favor of Saginaw. Her attorney argues that chalking tires violates the Fourth Amendment’s protection against unreasonable searches.
The case made headlines in 2019 when the same appeals court said marking tires could be illegal without a warrant in some circumstances. The court sent the lawsuit back to a federal judge in Bay City for more work, but he eventually ruled against Taylor again.
A different three-judge panel at the appeals court heard arguments Thursday.
In court papers, Saginaw said it’s a “novel issue” but not a violation of the constitution.
“The city used the chalk to inform vehicle owners that that their vehicle is subject to the time limitations as set forth by the local ordinances,” attorneys for Saginaw said.
The city said Taylor had 14 parking tickets, some issued after a tire was marked.
Taylor’s attorney, Philip Ellison, said a chalk line on a tire might be “low tech” but it’s still an illegal trespass against her car. He wants to make the case a class-action.
Monday, July 19, 2021
Bankruptcy proceedings can have long-term benefits
Chicago Bankruptcy Law Firm Covers Bankruptcy in the Wake of COVID-19
The COVID-19 pandemic has damaged the economy, leaving many families and business owners worried about how they will pay for even the most basic expenses. In the midst of this crisis, you might be considering filing for bankruptcy or wondering how COVID-19 will affect an existing bankruptcy filing.
No matter your situation, Chicago Bankruptcy Law Firm of Daniel J. Winter is here to help give you the answers and assistance that you need. We are more than happy to explain to anyone in financial distress exactly what their options are.
What Is Bankruptcy?
Bankruptcy is a Federal system of laws, rules, and procedures designed to help legal residents of the U.S. deal with their debts, which, for whatever reason, individuals or businesses cannot pay as they are due. The most common types of Bankruptcy are for people (called Consumer Bankruptcies).
Two major types of Consumer Bankruptcy are: Chapter 7 (liquidation or debt-elimination), Chapter 13 (wage-earner reorganization for individuals or people running unincorporated businesses).
Chapter 11 is a type of Corporate Bankruptcy (reorganization for businesses and certain individuals with extremely large amounts of debt). The Chapter number refers to the section of the Bankruptcy law, called the Bankruptcy Code (which is in Title 11 of the U.S. Code).
Bankruptcy cases almost exclusively fall under federal law, though states may pass laws governing issues that federal law doesn’t address. Special bankruptcy courts nationwide handle only debtor-creditor cases. Generally, any bankruptcy-related claim must be filed with the U.S. Bankruptcy Court.
Sunday, July 11, 2021
Tests: Broken pipe didn’t pollute Georgia government center
Two courtrooms in Columbus’ main government building are reopening after tests found a ruptured pipe did not introduce mold or harmful fungi into the air.
A ruptured drainpipe from the roof had dumped leaves, bird feces and other debris into the 11th-floor office of Muscogee County Superior Court Judge Gil McBride in June.
Documents obtained by the Ledger-Enquirer show tests of pipe debris showed no fungi associated with bird and bat droppings that can cause infections in people with weakened immune systems. Samples also showed no significant amounts of mold. Mold levels in the outside air were higher, suggesting the building’s air filtration system is working.
“The courts have been assured by the city that the courtrooms are safe for public use,” McBride wrote in a text message. “This is good news, especially for judges who were without courtrooms for next week.”
The 51-year-old building flooded because of water leaks twice in 2018.
Columbus leaders say they plan to ask voters to approve a special sales tax in November to repair or replace the building.
A nearly 80-pound panel fell in a seventh-floor courtroom and hit a court official a few weeks ago, prompting safety inspections of all courtrooms. Columbus Mayor Skip Henderson could not be reached Friday for an update on inspections.
McBride said Muscogee County jurors will continue to be selected at the municipal ice rink for now. Once jurors are selected, trials will take place in the regular courtrooms.
Wednesday, June 30, 2021
Supreme Court won’t revive school’s transgender bathroom ban
The Supreme Court on Monday rejected a Virginia school board’s appeal to reinstate its transgender bathroom ban.
Over two dissenting votes, the justices left in place lower court rulings that found the policy unconstitutional. The case involved former high school student Gavin Grimm, who filed a federal lawsuit after he was told he could not use the boys bathroom at his public high school. Justices Samuel Alito and Clarence Thomas voted to hear the board’s appeal.
The Gloucester County, Virginia, school board’s policy required Grimm to use restrooms that corresponded with his biological sex ? female ? or private bathrooms.
Seven years ago, Grimm was barred from using the boys restroom when he was a 15-year-old student at Gloucester High School. He sued a year later, and his case has worked its way through the courts ever since.
After learning that the Supreme Court refused to hear the case, Grimm, now 22, said that his long court battle is over. “We won,” he tweeted. “Honored to have been part of this victory,” he added.
David Corrigan, an attorney for the school board, did not immediately respond to email and voice mail messages seeking comment.
In its petition asking the Supreme Court to hear the case, the school board argued that its bathroom policy poses a “pressing federal question of national importance.”
The board argued previously that federal laws protect against discrimination based on sex, not gender identity. Because Grimm had not undergone sex-reassignment surgery and still had female genitalia, the board’s position has been that he remained anatomically a female.
The American Civil Liberties Union, which represented Grimm in his yearslong lawsuit against Gloucester, argued that federal law makes it clear transgender students are protected from discrimination.
Monday, June 14, 2021
Judge upholds dismissal of case against resort developer
A U.S. bankruptcy judge has upheld court decisions that the state of Montana lacked legal standing to file an involuntary bankruptcy petition nearly a decade ago against Yellowstone Club co-founder Tim Blixseth.
Judge Mike N. Nakagawa of Nevada on June 3 confirmed the ruling by previous judges to dismiss the involuntary petition, noting the case has lingered for nearly 10 years.
The 9th Circuit Court of Appeals ruled in 2019 the Montana Department of Revenue (MDOR) lacked legal standing to file an involuntary bankruptcy petition against Blixseth and referred the case to bankruptcy court to see if it should be dismissed.
The Yellowstone Club, a private ski and golf resort in Big Sky founded by Blixseth and his now ex-wife in 1997, filed for bankruptcy in 2008. Blixseth was accused of pocketing much of a $375 million Credit Suisse loan to the resort and later gave up control of the enterprise to his ex-wife during their 2008 divorce. The club, which has touted billionaire Microsoft co-founder Bill Gates and former Vice President Dan Quayle as members, has emerged from bankruptcy under new ownership.
The Montana Department of Revenue had done an audit of Blixseth and in 2009 said he owed $56.8 million in taxes, penalties and interest arising from eight audit issues, court documents stated. The Montana action against Blixseth is separate from Blixseth’s claims against Montana in Nevada for damages due to the involuntary petition , the Independent Record reported.
In 2011, Montana joined with the Idaho State Tax Commission and the California Franchise Tax Board against Blixseth, however, those two states had settled agreements and withdrew from the petition, according to court documents.
Nakagawa noted that as of the hearing date, close to a decade has passed since the Involuntary Petition was filed. He said that since April 20, 2011, only Montana has continuously pursued this issue against Blixseth.
He said Yellowstone Club Liquidating Trustee apparently was interested in pursuing the involuntary proceeding against Blixseth, but gave up nearly two years before the 9th Circuit mandate was received by this bankruptcy court.
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