Saturday, August 11, 2018

Drivers challenge license suspensions for unpaid court debt

It can start with a couple of traffic tickets. Unable to pay the tickets right away, a driver becomes saddled with late fees, fines and court costs. Soon, the driver may be taken off the road indefinitely. More than 40 states allow the suspension of driver’s licenses for people with unpaid criminal or traffic court debt. But now, advocates across the country are pushing to change that, arguing that such laws are unconstitutional because they unfairly punish poor people and violate due process by not giving drivers notice or an opportunity to show they cannot afford to pay the fees. Lawsuits have been filed in at least five states over the past two years. “It’s not that I don’t want to take care of what I owe. I really wish I could,” said Brianna Morgan, a single mother from Petersburg, Virginia, who hasn’t had a license in three years because she owes more than $400 in traffic fines and court costs from traffic violations and a disorderly conduct citation. “I really don’t have a way to pay it,” said Morgan, who supports herself and her three children on a monthly disability check. Advocates had a victory this week in Tennessee, where a federal judge ruled that a law that allows the state to revoke the licenses of low-income people with unpaid court debt from past criminal convictions is unconstitutional. U.S. District Judge Aleta Trauger called the law “powerfully counterproductive” and ordered Tennessee to stop revoking licenses and to reinstate the licenses of people who had theirs revoked due solely to nonpayment of court fees. “If a person has no resources to pay a debt, he cannot be threatened or cajoled into paying it; he may, however, become able to pay it in the future. But taking his driver’s license away sabotages that prospect,” Trauger wrote in her ruling Monday. In Virginia, nearly a million people currently have suspended driver’s licenses at least in part because of unpaid court debt, according to the Legal Aid Justice Center, a nonprofit that is challenging the practice in a federal lawsuit. A judge dismissed the case on jurisdictional grounds, but in a ruling in May, the 4th U.S. Circuit Court of Appeals gave the case new life, sending it back to the lower court to allow the plaintiffs to revise the lawsuit. Millions of drivers nationwide have lost licenses because of such laws. In a study released in September, the justice center estimated that 4.2 million people then had suspended or revoked licenses for unpaid court debt in five states alone: Virginia, Tennessee, Michigan, North Carolina and Texas.

Friday, August 10, 2018

Ex-Malaysia leader Najib charged with breach of trust, graft

Former Malaysian Prime Minister Najib Razak was charged Wednesday with criminal breach of trust and corruption, two months after a multibillion-dollar graft scandal at a state investment fund led to his stunning election defeat. He pleaded not guilty to all charges. "I claim trial," he said in a barely audible voice as he stood in the dock at the High Court in Kuala Lumpur. A judge set bail at 1 million ringgit in cash ($250,000) and ordered Najib to surrender his two diplomatic passports. The patrician and luxury-loving Najib, wearing a suit and a red tie, appeared calm and smiled as he was escorted into the court complex. He was arrested Tuesday by anti-graft officials over the suspicious transfer of 42 million ringgit ($10.4 million) into his bank accounts from SRC International, a former unit of the 1MDB state investment fund that U.S. investigators say was looted of billions by associates of Najib. Najib was charged with abuse of power leading to gratification under Malaysia's anti-corruption law and three counts of criminal breach of trust. Each charge has a maximum penalty of 20 years in prison. Whipping is also a penalty but Najib would be exempt because of his age. Anger over the 1MDB saga led to the shocking defeat of Najib's long-ruling coalition in May 9 elections and ushered in the first change of power since independence from Britain in 1957.

Thursday, August 9, 2018

3 more Supreme Court candidates meet with Trump

President Donald Trump spoke with three more potential Supreme Court candidates on Tuesday as a key senator privately aired concerns about one of the contenders. As Trump weighs his options, he has heard from Sen. Rand Paul, R-Ky., who has expressed reservations about one top potential nominee, Brett Kavanaugh, according to a person familiar with the call but not authorized to publicly disclose details of it. The activity around Kavanaugh was an early glimpse of the frenzied jockeying around the short list of candidates in the run-up to Trump's July 9 announcement. With a narrow 51-49 GOP majority in the Senate, losing any Republican senator could begin to doom a nominee. Paul's objections echo those made by outside conservative groups over Kavanaugh, who is seen as a top contender for the vacancy but who activists warn is too much of an establishment-aligned choice. Trump has said he'll choose his nominee from a list of 25 candidates vetted by conservative groups. Top contenders include federal appeals judges Kavanaugh, Raymond Kethledge, Amul Thapar and Amy Coney Barrett — all of whom spoke with Trump on Monday. "These are very talented people, brilliant people," Trump said Tuesday during an appearance in West Virginia. "We're going to give you a great one." The White House says Trump has spoken to seven candidates. There were the four interviews Monday, as well as a conversation with Republican Sen. Mike Lee of Utah, who is not regarded as a top contender but who is being pushed by key conservatives. Trump has also spoken with Thomas Hardiman, who has served with Trump's sister on the 3rd U.S. Circuit Court of Appeals in Philadelphia, according to a person familiar with the conversation who also was not authorized to publicly discuss it. Another candidate considered a top contender is Joan Larsen, who serves on the federal appeals court in Cincinnati.

Monday, July 9, 2018

Trump closes in on Supreme Court pick; 3 judges top list

President Donald Trump is closing in on his next Supreme Court nominee, with three federal judges leading the competition to replace retiring Justice Anthony Kennedy. Trump's top contenders for the vacancy at this time are federal appeals judges Amy Coney Barrett, Brett Kavanaugh and Raymond Kethledge, said a person familiar with Trump's thinking who was not authorized to speak publicly. Working closely with a White House team and consulting with lawmakers and outside advisers, Trump has spent the week deliberating on the choice. He conducted interviews on Monday and Tuesday and has spoken to seven possible candidates. He has not yet publicly indicated that he has narrowed the list and could still consider others in the mix. With customary fanfare, Trump plans to announce his selection Monday night, kicking off a contentious nomination process as Republicans seek to shift the court to the right and Democrats strive to block the effort. Vice President Mike Pence has also met with some of the contenders for the Supreme Court vacancy created by Justice Anthony Kennedy's retirement, The Associated Press has learned. The meetings took place in recent days, according to a person familiar with the search process. The person did not specify which candidates Pence met with and spoke on condition of anonymity Wednesday to describe the private search process.

The Latest: Trump promises 'great' pick for Supreme Court

President Donald Trump is promising to select a "great" Supreme Court nominee to fill the vacancy of retiring Justice Anthony Kennedy The president said Tuesday at a "Salute to Service" dinner in West Virginia that he "hit a home run" with Justice Neil Gorsuch, whom he picked for the nation's high court last year. Trump says, "We're going to hit a home run here." Trump spoke to three potential Supreme Court nominees Tuesday before departing the White House. On Monday, the president interviewed federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett. That's according to a person with knowledge of the meetings who was not authorized to speak publicly about them. The White House says President Donald Trump spoke Tuesday to three potential Supreme Court nominees. White House spokesman Raj Shah disclosed the conversations. He did not detail with whom Trump had spoken Tuesday or say how many potential nominees Trump has now interviewed. Trump has said he'll announce his pick July 9 and will chose from a list of 25 candidates. Trump on Monday interviewed federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett. That's according to a person with knowledge of the meetings who was not authorized to speak publicly about them. He also spoke Monday to Republican Sen. Mike Lee of Utah. The senator's office characterized the call as an interview, but the White House would only say the two spoke.

Feds say ex-firm of Stormy Daniels' lawyer owes unpaid taxes

The Justice Department says Stormy Daniels' lawyer, Michael Avenatti, made "misrepresentations" in a bankruptcy case involving his former law firm that owes more than $440,000 in unpaid federal taxes. Avenatti's former firm, Eagan Avenatti LLP, had agreed in January to pay about $2.4 million in back taxes and penalties as part of a resolution of a bankruptcy case involving the firm. Court documents show some of the money was paid, but attorneys for the government said in May that the firm still owed a portion of the unpaid tax money. On Tuesday, the U.S. attorney's office in Los Angeles filed a motion asking a federal judge to compel the payment of $440,291 in unpaid taxes and more than $11,700 in interest. Lawyers from the U.S. attorney's office represent the government in bankruptcy court when there's a debt to a government agency, like back taxes or unpaid student loans. Avenatti, who has garnered national attention as the attorney for Daniels, the porn actress who is suing President Donald Trump following an alleged 2006 affair, said Wednesday that the court filing was "part of a smear campaign" and stressed that he doesn't personally owe any of the money.

Wednesday, June 20, 2018

USCIS Efforts Lead to Prison Sentence for Fremont Business Owner

Thanks to the efforts of U.S. Citizenship and Immigration Services (USCIS), Venkat Guntipally was sentenced to 30 months in prison for his role in a conspiracy to commit several crimes including visa fraud, obstruction of justice, use of false documents and mail fraud. A federal grand jury indicted Venkat Guntipally, 49, his wife, Sunitha Guntipally, 44, of Fremont, and two other defendants, Pratap “Bob” Kondamoori, 56, of Incline Village, Nev., and Sandhya Ramireddi, 58, of Pleasanton, in a 33-count indictment filed May 5, 2016. The indictment contains charges in connection with the submission of fraudulent applications for H-1B specialty-occupation work visas. “USCIS is committed to combatting instances of fraud, abuse and other nefarious activities threatening the integrity of our nation’s immigration system,” stated USCIS San Francisco District Director John Kramer. “This sentencing sends a strong message to anyone thinking about circumventing or violating our rule of law.” Venkat Guntipally pleaded guilty on April 24, 2017, at which time he admitted that he and his wife founded and owned DS Soft Tech and Equinett, two employment-staffing companies for technology firms. In addition, Guntipally admitted that between approximately 2010 and 2014, he and his wife, together with others, submitted to the government more than one hundred fraudulent petitions for foreign workers to be placed at other purported companies. The end-client companies listed in the fraudulent H-1B applications either did not exist or never received the proposed H-1B workers. None of the listed companies ever intended to receive those H-1B workers. The scheme’s intended purpose was to create a pool of H-1B workers who then could be placed at legitimate employment positions in the Northern District of California and elsewhere. Through this scheme, Venkat Guntipally, along with his co-conspirators, gained an unfair advantage over competing employment-staffing firms, and the Guntipally’s earned millions in ill-gotten gains. Venkat Guntipally also admitted that he and his codefendants obstructed justice, including by directing workers to lie to investigators and by laundering money. Venkat Guntipally was charged with one count of conspiracy, in violation of 18 U.S.C. § 371; ten counts of substantive visa fraud, in violation of 18 U.S.C. § 1546(a); seven counts of using false documents, in violation of 18 U.S.C. § 1001(a)(3); and four counts of mail fraud, in violation of 18 U.S.C. § 1341. He pleaded guilty to the conspiracy charge and the remaining charges were dismissed. In addition to the prison term, the Judge ordered Venkat Guntipally to serve three years of supervised release and ordered him to forfeit $500,000. Venkat Guntipally was ordered to self-surrender on or before June 14, 2019. All three of Venkat Guntipally’s co-defendants previously pleaded guilty to their respective roles in the scheme. Last year, Sunitha Guntipally was sentenced to 52 months in prison, Ramireddi to 14 months’ imprisonment, and Kondamoori to 20 months’ imprisonment for their respective conduct. The prosecution is a result of collaboration between USCIS’s Office of Fraud Detection and National Security, the U.S. Department of State Diplomatic Security Service and Department of Homeland Security’s Homeland Security Investigations. The case was prosecuted by Assistant U.S. Attorney Jonas Lerman with the assistance of Laurie Worthen.