Legal Radar

SC Justices Divided on Same Sex Marriage Arguments

The Supreme Court early this week appear divided on one of the biggest civil rights cases in the country’s history: whether the U.S. constitution gives gay couples the right to marriage.

Questions from the justices indicate that they were divided on the issue. Justice Anthony Kennedy has the controlling vote.

The justices seemed to have conflicting ideas over not only landing the right answer to the issue but also trying to know how to reach over it.

The justices would’ve been content being on the sidelines. But a decision made last year from a three-judge panel of the Cincinnati Court of Appeals for the 6^th Circuit, ended up forcing their hand.

Early this week, a schedule for two arguments was set. The first talked about whether the U.S. constitution requires states to deploy marriage licenses to two same-sex individuals. The second debated whether states should recognize gay marriage to be carried out elsewhere.

Judge: FBI Trickery in Sports Betting Case Deemed Unconstitutional

With the FBI suspecting an illegal World Cup betting ring from within several Caesars Palace Villas in Las Vegas, their agents last year arrived at a clever idea to get inside one of them.

With assistance from the hotel’s WiFi contractor, the FBI agents interrupted the internet service of guests, acting as internet repairmen, and fooled a butler into getting them into one luxury suite --- without any warrant. This allowed the FBI to collect enough evidence to arrest Malaysian gambler Wei Seng “Paul” Phua.

Last Friday, a U.S. federal judge made a ruling indicating that the FBI’s tactics is in violation of Phua’s 4^th Amendment rights. Prosecutors felt that the trick carried out in Phua’s case was an exception since online access wasn’t deemed a critical service.

Prosecutors revealed that $13M of bets were made before the FBI, who collaborated with Nevada’s gambling regulators, who raided other villas in Caesars Palace where Phua, his son, and others were staying. The FBI agents took their computer, money, and mobile phones.

Whatsapp Close-Suspension Triggers Legal Concerns

A decision by a country judge nearly suspended Facebook’s Whatsapp program in Brazil which prompted legal concerns on web companies in the rapidly-growing market.

Judge Luiz Correia ordered telecommunications operators to suspend Whatsapp access, alleging that the firm failed to cater to subpoenas on information related to a recent police probe.

The near-suspension of Whatsapp, one of the most downloaded mobile app in Brazil, highlights the legal problems and issues that American web companies facie in shielding the privacy of users all over the globe.

Court officials and law enforcement didn’t provide further details on the information they need from the app. The firm said previously that the app immediately removes messages from its servers after reaching its recipients.

In addressing some aspects of the conflict, the Brazilian government passed on an online law called Marco Civil in 2014.

Brazil is one of the biggest markets in the world outside the U.S. for Twitter, Facebook, and Google.

Judge Temporarily Halts AG’s Google Investigation

Early this week, a federal judge agreed to temporarily halt an investigation carried out by an attorney general on Google, giving the American search-engine firm a small victory in a heavy feud against law enforcement agencies regarding internet privacy.

Judge Henry T. Wingate granted a preliminary injunction request from Google, which prevented Attorney General Jim Hood from pursuing a subpoena meant to closely review as to whether or not Google is encouraging illegal activities on its own websites. The injunction also prevents Hood from filing criminal charges in the meantime.

Last year, Hood’s office sent a subpoena to Google asking for details on its advertising and search practices ranging from banned materials to human trafficking to copyright-protected content.

Google’s attorney argued that the subpoena is violation of the federal law that protects search engines from suits looking to hold them responsible for failing to screen content made by third parties. The search giant also said the investigation is targeting the protected speech of the constitution.

Obama to Appeal on Immigration Ruling

A decision by the federal judge to temporarily halt Obama’s immigration methods handed Republicans its first short-term victory, while leaving more than 4 million illegal immigrants out in the cold.

The Obama dministration indicated it would appeal on the recent ruling made by District Judge Andrew Hanen, a Republican from Brownsville, Texas. It halts immigration actions carried out by President Barack Obama, which has been challenged as unconstitutional in a suit filed by Texas and over a dozen other states.

Hanen said the Obama administration is in violation of the Administrative Procedure Act. Lawyers for immigration-rights groups indicated the issue is about whether the administration can fulfill a duty to post the policy for a certain period before issuing it.

The White House fiercely defected the president’s executive actions by saying that the congress and U.S. Supreme Court have federal officials who can create priorities regarding immigration laws.

Hanen made an order for parties to meet again in February 27 to talk about the current lawsuit.

Oklahoma Oil Tycoon Makes Billion-Dollar Divorce

Close to 50 years of being an Oklahoma oil businessman, Harold Hamm did everything on a grand scale. As a chief executive and a major shareholder of Continental Resources, he possesses the biggest and greatest oil discovery to date --- within the North Dakota plains. His current net worth has been estimated to be over $18 million. This makes him the 24^th richest person in the United States.

Another superlative has been added to Mr. Hamm’s career: paying one of the largest divorce settlements in the country’s history.

After a secret and lengthy trial, an Oklahoma City judge ruled that Mr. Hamm must pay close to $1 billion to Sue Ann Hamm, his ex-wife.

The judgment demands Mr. Hamm to make a $320 million payment to his ex-wife by the end of this year. The rest can be paid in installments of at least $7 million monthly. The figure is a tad bit higher than Mr. Hamm’s salary in the previous year.

Judge Posner Has No Votes for Voter ID Law Re-Hearing

Judge Richard Posner, who recently expressed one of his previous rulings that maintained the voter identification law in Indiana, attempted to curb a similar law from making its place in Wisconsin. But he didn’t seem to gain any votes.

The 7th U.S. Circuit Court of Appeals, Posner’s court based in Chicago, made a ruling on Monday that a law in Wisconsin that require voters to offer ID is deemed constitutional. The 3-judge panel made its play by pushing the law forward on its pending ruling.

A judge from a circuit court is allowed to inquire for a vote on whether to make another hearing on the case by a multi-judge panel. Posner made a request on the vote, which led to a 5-5 tie, from the 10 judges voting. This indicates that the 7th Circuit won’t visit the case under court rules.

Last week, the Supreme Court blocked Wisconsin from carrying out a vote ID measure on midterm elections. Previously, it maintained the voter ID law right after Posner.

Promoter for Bitcoin Pleads Guilty

Charles Shrem, a Bitcoin promoter, pleaded guilty in a Manhattan federal court just recently to a single criminal count from what prosecutors believed to be a drug scheme involving his present virtual currency exchange as well as an internet-based black market.

Shrem, 24, pleaded guilty to aiding and abetting an operation of a non-licensed money-transfer business. Robert Faiella, believed by the Manhattan attorney’s office to be Shrem’s partner, also pleaded guilty to running a non-licensed money-transfer business.

Regarding both plea deals, one of the sentencing guidelines include up to 60 months of prison time. There’s also a fine of $250,000 or twice as much money derived from the criminal activity or twice the loss to the victim. The last sentence will be decided by Jed Rakoff, a U.S. District Judge.

One important victory for Shrem was that the government made a decision to halt the laundering cout against him.

Faiella indicated in court that he didn’t know Bitcoins were utilized to purchase illegal drugs.

Major League Gets a Home Run with Court of Appeals

It seems that Major League Baseball has hit a home run early this week before the U.S. Court of Appeals considering a contest to the sport’s long-running antitrust exemption.

A panel involving three judges of the 9th U.S. Circuit Court of Appeals in San Francisco, was a little skeptical of legal arguments brought by the city of San Jose, California. The city wanted to be the future home for the Oakland Athletics team and claims the league and its team owners are in violation of the antitrust law that blocked the Athletics from making a move.

The city is saying that baseball’s exemption from antitrust laws should be carefully be read into within the context of player labor matters and shouldn’t apply to commercial matters such as relocation.

The 9th Circuit panel indicated its displeasure early and frequently. Alex Kozinski, a Chief Judge, indicated his own court’s decisions gave an interpretation of the exemption broadly.

Major League Baseball encouraged the Supreme Court not to be involved.

A court ruling is expected soon.

United States Seizes Abacha Assets worth $480M

Just recently, the U.S. Justice Department seized over $480 million in assets, hidden from all over the globe, by ex-Nigerian military dictator, Sani Abacha, and his acquaintances.

U.S. official said the financial haul was the biggest forfeiture ever obtained via a kleptocracy process.

U.S. Judge John Bates’ judgement in a Washington court follows up on an asset forfeiture complaint filed last year by the U.S. Justice Department, which alleged Abacha, his son, and associates, to have misappropriated, embezzled, and extorted billions of dollars from the Nigerian government. The money was then laundered via U.S. banks and converted to U.S.-backed bonds.

Nigeria been trying for years since the dictator’s death in 1998 in recovering stolen assets which was laundered through banks all over the world.

The judgment consisted of $303 million in a couple bank accounts in Bailiwick of Jersey, $144 million from two French-based accounts, and several accounts in Ireland and the U.K. with an estimated value of $27 million.