Judge agrees to delay in sentencing for Gaetz friend
Legal Business | 2021/10/18 21:55
A federal judge on Monday agreed to push back until next year the sentencing for U.S. Rep. Matt Gaetz’s friend who pleaded guilty earlier this year to sex trafficking and other charges.

U.S. District Judge Gregory Presnell said sentencing for Joel Greenberg could be postponed from next month to next March during a hearing in federal court in Orlando. Greenberg’s attorney had asked for the delay so the former local tax collector can continue cooperating with federal authorities. Prosecutors agreed to the postponement.

Greenberg wasn’t present during the 20-minute hearing. The judge said he would set a new sentencing date in the future.

Greenberg is facing up to 12 years in prison after pleading guilty last May to six federal crimes, including sex trafficking of a child, identity theft, stalking, wire fraud, and conspiracy to bribe a public official.

Greenberg’s plea agreement with prosecutors requires continued cooperation with an ongoing probe into sex trafficking.

Gaetz, a Republican who represents much of the Florida Panhandle, was not mentioned in Greenberg’s plea agreement. But Greenberg’s cooperation could play a role in an ongoing investigation into Gaetz, who was accused of paying a 17-year-old girl for sex. Gaetz has denied the allegations and previously said they were part of an extortion plot.


Consumer Protection Law Attorney Website
Legal Business | 2021/09/07 21:35
Law Promo is pleased to announce the launch of the Consumer Protection Law Attorney Website.

About: Consumers have a right under U.S. and California law to a safe food supply and to household products that don’t endanger their families.

When companies violate this trust, the Elliot Firm brings suit to punish the lawbreakers, provide restitution to those who have been harmed, and help ensure that the conduct doesn’t occur again.

Read more


West African court to rule on Venezuelan’s extradition to US
Legal Business | 2021/08/06 22:29
A protracted legal battle over the extradition from Cape Verde to the United States of a businessman close to Venezuelan President Nicolás 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.

José 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.



Men ordered to pay back $2.4M in health care fraud case
Legal Business | 2021/08/02 05:24
A federal judge has ordered two men to pay back a total of more than $2.4 million for their role in defrauding a health care insurance provider for low-income people in Maine.

One man also was sentenced to two years in prison on Friday and the other was sentenced to three years of probation. Both had pleaded guilty in 2019.

According to court records, the two were Somali interpreters who conspired with several mental health counseling services in the Lewiston and Auburn areas to submit claims to MaineCare for services that weren’t rendered as billed from 2015 to 2018.

In some cases, one of the men conspired with a counseling center director to change the diagnosis of many clients so they could remain eligible to receive MaineCare reimbursement.

A lawyer for the man sentenced to three years probation said she thought the judge took a thoughtful approach to his sentencing. Unlike other defendants in the case, her client is not an American citizen and may face the possibility of being deported. She said the sentence will allow her client, who didn’t have a criminal record, to spend time with his family and work to support them.


How to Make Calls to Action Works
Legal Business | 2021/07/31 11:45
When creating your law firm website you will need a strong Call to Action, or what we’ll abbreviate to CTA.

While most CTAs are just 2-7 words, they’re one of the most important parts of a legal business website. You will need a small but mighty CTA. Why? Because the CTA tells your visitors exactly how you can be of assistance to them drawing them into your business’s services.


Read more.


High court sides with ex-athletes in NCAA compensation case
Legal Business | 2021/06/21 17:19
The Supreme Court decided unanimously Monday that the NCAA can’t enforce rules limiting education-related benefits — like computers and paid internships — that colleges offer to student athletes.

The case doesn’t decide whether students can be paid salaries. Instead, the ruling will help determine whether schools decide to offer athletes tens of thousands of dollars in those benefits for things including tutoring, study abroad programs and graduate scholarships.

The high court agreed with a group of former college athletes that NCAA limits on the education-related benefits that colleges can offer athletes who play Division I basketball and football are unenforceable.

Justice Neil Gorsuch wrote for the court that the NCAA sought “immunity from the normal operation of the antitrust laws,” which the court declined to grant.

Under current NCAA rules, students cannot be paid, and the scholarship money colleges can offer is capped at the cost of attending the school. The NCAA had defended its rules as necessary to preserve the amateur nature of college sports.

But the former athletes who brought the case, including former West Virginia football player Shawne Alston, argued that the NCAA’s rules on education-related compensation were unfair and violate federal antitrust law designed to promote competition. The Supreme Court upheld a lower court ruling barring the NCAA from enforcing those rules.

As a result of the ruling, the NCAA itself can’t bar schools from sweetening their offers to Division I basketball and football players with additional education-related benefits. But individual athletic conferences can still set limits if they choose.


Court to hear appeal of Dallas officer who killed neighbor
Legal Business | 2021/04/27 20:17
A Texas court is scheduled to hear arguments Tuesday on overturning the conviction of a former Dallas police officer who was sentenced to prison for fatally shooting her neighbor in his home.

An attorney for Amber Guyger and prosecutors are set to clash before an appeals court over whether the evidence was sufficient to prove that her 2018 shooting of Botham Jean was murder.

The hearing before a panel of judges will examine a Dallas County jury’s  2019 decision to sentence Guyger to 10 years in prison for murder. It follows the recent conviction of a former Minneapolis police officer who was found guilty of murdering George Floyd, again focusing national attention on police killings and racial injustice.

Guyger is not expected to appear in court Tuesday and the appeals panel will hand down a decision at an unspecified later date.

More than two years before Floyd’s death set off protests across the country, Guyger’s killing of Jean drew national attention because of the strange circumstances and because it was one in a string of shootings of Black men by white police officers.

The basic facts of the case were not in dispute. Guyger, returning home from a long shift, mistook Jean’s apartment for her own, which was on the floor directly below his. Finding the door ajar, she entered and shot him, later testifying that she through he was a burglar.

Jean, a 26-year-old accountant, had been eating a bowl of ice cream before Guyger shot him. She was later fired from the Dallas Police Department.

The appeal from Guyger, now 32, hangs on the contention that her mistaking Jean’s apartment for her own was reasonable and, therefore, so too was the shooting. Her lawyers have asked the appeals court  to acquit her of murder or to substitute in a conviction for criminally negligent homicide, which carries a lesser sentence.

In court filings, Dallas County prosecutors countered  that Guyger’s error doesn’t negate “her culpable mental state.” They wrote, “murder is a result-oriented offense.”

Jean’s mother, Allison Jean, told the Dallas Morning News that the appeal has delayed her family’s healing.

”I know everyone has a right of appeal, and I believe she’s utilizing that right,” Jean said. “But on the other hand, there is one person who cannot utilize any more rights because she took him away.

“So having gotten 10 years, only 10, for killing someone who was in the prime of his life and doing no wrong in the comfort of his home, I believe that she ought to accept, take accountability for it and move on,” she said.

Guyger could have been sentenced to up to life in prison or as little as two years. Prosecutors had requested a 28-year sentence ? Botham Jean would have been 28 if he were still alive during the trial.

Under her current sentence, Guyger will become eligible for parole in 2024, according to state prison records.

Following the trial, two members of the jury said the diverse panel tried to consider what the victim would have wanted when they settled on a 10-year prison sentence.

Jean ? who went by “Bo” ? sang in a church choir in Dallas and grew up in a devout family on the island nation of St. Lucia. After sentencing, Brandt Jean embraced Guyger in court and told her his older brother would have wanted her to turn her life over to Christ. He said if she asked God for forgiveness, she would get it.


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