Donald Trump Jr. takes the witness stand in fraud trial
Legal Topics | 2023/11/05 03:33
Donald Trump Jr. testified Wednesday that he never worked on his father’s financial statements, the documents now at the heart of the civil fraud trial that threatens former President Donald Trump’s real estate empire.

The ex-president’s eldest son is an executive vice president of the family’s Trump Organization and has been a trustee of a trust set up to hold its assets when his father was in the White House.

At least one of the annual financial statements bore language saying the trustees “are responsible” for the document. But Donald Trump Jr. said he didn’t recall ever working on any of the financial statements and had “no specific knowledge” of them.

The lawsuit centers on whether the former president and his business misled banks and insurers by inflating his net worth on the financial statements. He and other defendants, including sons Donald Jr. and Eric, deny wrongdoing.

Trump Jr. said he signed off on statements as a trustee, but had left the work to outside accountants and the company’s then-finance chief, Allen Weisselberg.

“As a trustee, I have an obligation to listen those who are expert — who have an expertise of these things,” he said.

“I wasn’t working on the document, but if they tell me that it’s accurate, based on their accounting assessment of all of the materials,” he said, “these people had an incredible intimate knowledge, and I relied on them.”

The first family member to testify, he is due to return to the stand Thursday. Next up will be his brother and fellow Trump Organization Executive Vice President Eric Trump and, on Monday, their father — the family patriarch, company founder, former president and 2024 Republican front-runner.

Daughter Ivanka, a former Trump Organization executive and White House adviser, is scheduled to take the stand Nov. 8. But her lawyers on Wednesday appealed Judge Arthur Engoron ‘s decision to require her testimony.


Sen. Menendez enters not guilty plea to a new conspiracy charge
Court News | 2023/10/30 22:02
U.S. Sen. Bob Menendez returned to Manhattan federal court Monday to challenge a new criminal charge alleging that he conspired to act as an agent of the Egyptian government when he chaired the Senate Foreign Relations Committee.

“Not guilty,” Menendez, 69, said when Judge Sidney H. Stein asked him for a plea to the charge. It was his first appearance before Stein, who is expected to preside over a trial tentatively scheduled for May.

Stein said the plea was the sole purpose for the hearing and adjourned the proceeding after less than five minutes. The New Jersey Democrat left the courthouse minutes later without speaking to reporters waiting outside. At an arraignment before a magistrate judge last month, Menendez was released on a $100,000 bond.

In a statement issued after the hearing, Menendez repeated his claim that the new charge “flies in the face of my long record of standing up for human rights and democracy in Egypt and in challenging leaders of that country.”

He again called it “as outrageous as it is absurd” and said he has been loyal only to the United States his entire life.

“The facts haven’t changed. The government is engaged in primitive hunting, by which the predator chases its prey until it’s exhausted and then kills it. This tactic won’t work,” he said. “I will not litigate this case through the press, but have made it abundantly clear that I have done nothing wrong and once all the facts are presented will be found innocent.”

Menendez was forced to step down from his powerful post leading the Senate committee after he was charged last month. Prosecutors said the senator and his wife, Nadine Menendez, accepted bribes of cash, gold bars and a luxury car over the past five years from three New Jersey businessmen in exchange for a variety of corrupt acts.

The other defendants entered not guilty charges to a superseding indictment last week. The senator was permitted to delay his arraignment so he could tend to Senate duties. He has said that throughout his life he has been loyal to the United States and that he will prove he is innocent.



China Evergrande winding-up hearing adjourned to Dec. 4 by Hong Kong court
Court News | 2023/10/28 05:03
A Hong Kong court on Monday adjourned a winding up hearing for property developer China Evergrande Group’s until Dec. 4.

Evergrande has been in crisis since it defaulted on its debt obligations two years ago. The firm is the world’s most heavily indebted real estate developer, with more than $300 billion in liabilities, and is at the center of a property market crisis that is dragging on China’s economic growth.

For over a year, Evergrande has been working on a debt restructuring proposal for its offshore debts. However, Evergrande chairman Hui Ka Yan was detained and investigated for illegal crimes last month, a development that called into doubt the firm’s ability to complete its debt restructuring proposal.

Top Shine, an investor in Evergrande unit Fangchebao, brought the winding-up petition against Evergrande in June 2022. It has accused Evergrande of not repurchasing Fangchebao shares from the firm as previously agreed.

Evergrande did not immediately comment.

In September, police in the southern Chinese city of Shenzhen said they had detained some staff at China Evergrande Group’s wealth management unit.

A series of debt defaults in China’s sprawling property sector since 2021 has left behind half-finished apartment buildings and disgruntled homebuyers. Observers fear the real estate crisis may further slow the world’s second-largest economy and spill over globally.


Sydney court postpones extradition hearing of former US military pilot
Legal Business | 2023/10/24 18:59
A Sydney court on Monday postponed an extradition hearing for a former U.S. military pilot accused of illegally training Chinese aviators until May as his lawyers attempt to further build their case.

Boston-born Dan Duggan, 55, was scheduled to fight his extradition to the United States at a Nov. 23 hearing in the downtown Downing Center Local Court.

But a magistrate decided to use that date to rule on what additional information that the Australian defense department and security agencies should provide defense lawyers.

U.S. lawyer Trent Glover told the court the United States was ready to proceed with the extradition, but had agreed with defense lawyers the hearing should take place after November.

Duggan’s lawyer, Dennis Miralis, told reporters outside court that the stakes were high for his client, who faces up to 65 years in prison if convicted.

“This is existential, which means that every right that Dan has under the Australian legal system on the basis that he’s presumed innocent ... needs to properly and carefully be considered,” Miralis said.

Duggan’s wife, Saffrine, has said she asked Australian Prime Minister Anthony Albanese to advocate against the extradition when he meets President Joe Biden in Washington this week.

But in a news conference on Sunday before departing for the United States, Albanese said Duggan, who became an Australian citizen in 2012, was not on the agenda of his meetings with U.S. officials.

“I don’t discuss things that are legal matters on the run, nor should I,” Albanese told reporters.

Duggan has been in custody since Oct. 21 last year when he was arrested near his home in Orange, New South Wales.



Federal Judge rules California assault weapons ban unconstitutional
Court News | 2023/10/20 16:18
A federal judge who previously overturned California’s three-decade-old ban on assault weapons did it again on Thursday, ruling that the state’s attempts to prohibit sales of semiautomatic guns violates the constitutional right to bear arms.

U.S. District Judge Roger Benitez of San Diego conceded that powerful weapons like AR-15 rifles are commonly used by criminals, but said the guns are importantly also owned by people who obey the law and feel they need firearms to protect themselves.

“The State of California posits that its ‘assault weapon’ ban, the law challenged here, promotes an important public interest of disarming some mass shooters even though it makes criminals of law-abiding residents who insist on acquiring these firearms for self-defense,” Benitez wrote. “Nevertheless, more than that is required to uphold a ban.”

The judge’s ruling is nearly identical to a 2021 decision in which he called California’s ban on assault weapons a “failed experiment.” Benitez has has repeatedly struck down multiple California firearms laws. Just last month, he ruled the state cannot ban gun owners from having detachable magazines that hold more than 10 rounds.

Benitez’s latest decision would overturn multiple state statutes related to assault weapons. The judge gave the state 10 days to seek a stay on the ruling as part of an appeal to the U.S. 9th Circuit Court of Appeals.

California Attorney General Rob Bonta said his office had already filed a notice of appeal.

“Weapons of war have no place on California’s streets,” Bonta said in a statement Thursday. “This has been state law in California for decades, and we will continue to fight for our authority to keep our citizens safe from firearms that cause mass casualties. In the meantime, assault weapons remain unlawful for purchase, transfer, or possession in California.”

John Dillon, an attorney for the plaintiffs who sued to overturn the law, cheered the judge’s ruling.


Ban on electronic skill games in Virginia reinstated by state Supreme Court
Legal Topics | 2023/10/17 05:51
A ban on electronic skill games in Virgnia went back into effect Friday after the state Supreme Court vacated an injunction that allowed thousands of the betting machines to remain in gas stations, bars and conveniece stores.

The injunction was issued by a lower court in an ongoing lawsuit that argues the ban is a violation of free speech. But a panel of three Supreme Court justices found that the suit is unlikely to succeed.

“Although at times it is difficult to determine where a particular activity falls on the speech/conduct continuum, no such difficulty is present when the activity being regulated is gambling. We long have viewed gambling as conduct that may be heavily regulated and even banned by the Commonwealth as an exercise of its police powers,” the panel wrote in its order.

The games look and play like slot machines, though manufacturers say there is an element of skill involved.

The General Assembly passed legislation outlawing skill games in 2020, but former Gov. Ralph Northam delayed it for a year to help the state raise money for COVID-19 relief efforts.

The ban then took effect in 2021, but the lawsuit resulted in an injunction that allowed games already registered with the state’s Alcoholic Beverage Control Authoirty to continue until the issue is resolved.

The lawsuit is now set to go to trial in December.



Court rejects an appeal from former coal company CEO Don Blankenship
Headline Legal News | 2023/10/14 18:09
The Supreme Court rejected an appeal Tuesday from former coal executive Don Blankenship, who argued that major news outlets defamed him by calling him a “felon.”

The justices left in place an appellate ruling against Blankenship, the former CEO of Massey Energy. He served a year in prison on a misdemeanor charge after he was found guilty of conspiring to violate safety standards at a West Virginia mine before an explosion in 2010 that killed 29 men.

Justice Clarence Thomas, while agreeing with the court’s action Tuesday, repeated his call for the court to overturn its landmark 1964 libel ruling in New York Times v. Sullivan.

The 4th U.S. Circuit Court of Appeals affirmed a district court’s determination that CNN, Fox News and 14 other outlets sued by Blankenship did not act with “actual malice” amid coverage of his unsuccessful 2018 U.S. Senate campaign, even if they failed to meet journalistic standards.

The high court had previously turned away Blankenship’s appeal of his conviction.



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