U.S. Attorney announces further charge

U.S. Attorney Eric Melgren has revealed that Bennie J. Herring who has already been charged with armed bank robbery and discharging a firearm in furtherance of a violent crime, has now had a further charge laid against him. The new indictment has added a charge of attempted air piracy.

Herring is accused of robbing a bank and forcing hostages to go to an airport in their underwear. He is currently in hospital after being shot by police while allegedly trying to commandeer the plane.

Herring is accused of ordering the bank's assistant manager and five other hostages to strip to their underwear and drive him in a van to the airport. Prosecutors said Herring fired two shots at police from the van.

If convicted, he would face no less than 20 years in prison for the attempted air piracy alone.

Attorney General seeks freezing order on church trust fund

The Attorney General's office in Utah has asked a court to freeze the assets of a southern Utah polygamous sect's trust fund and replace its top leaders, including church President Warren Jeffs, with an independent trustee. The trust fund belongs to the Fundamentalist Church of Jesus Christ of Latter Day Saints and controls church property and assets which include church members' homes and land.

Church members formed the trust during the 1940s, willingly turning over their property to the church, so that all could share in the community's assets. Attorney General Mark Shurtleff said the move is necessary because there is evidence that trustees have recently moved to divest some trust assets and are not acting in the best interests of all church members.

Warren Jeffs has not been seen in the area for more than a year, and he is thought to be on a 2,000-acre ranch near Eldorado, Texas, where he reportedly plans to move select members of the church.

Some ousted church members believe Jeffs is draining the church's trust in order to fund construction of the Texas compound and fear he will evict those who remain behind from their homes.

Attorney General issues warning of check scam

Consumers from outside the State of Michigan have reported receiving a letter in the mail from a "management company" with a Michigan address, informing recipients that they have won thousands of dollars in a prize drawing. A purported National City cashier's check is enclosed to pay taxes on the winnings. The letter doesn't ask for any money; it's sending a check – so what's the catch?

The cashier’s check is fraudulent; the letters are mailed from Canada; and there is no legitimate Michigan connection. In order to receive the winnings, personal bank account information is required, supposedly so that the winnings can be "wired into your account."

Consumers must be alert to the fact that bank account information can easily be used to withdraw money through an unauthorized electronic debit, or to create counterfeit checks and clean out the victim's bank account.

Victims may be able to cash the "cashier's check," but just because money from the check may be made quickly available does not mean the check is valid. The check must go back to the originating bank, and it must clear. This process can take several days and, in the case of an elaborate counterfeit, may take a few weeks. Eventually, the named originating bank will notify the victim's bank that the cashier's check is counterfeit, and the check amount will be removed from the victim's bank account. By then, it is often too late to prevent unauthorized bank withdrawals made possible by the earlier disclosure of bank account information

Attorney General provides Consumer Alert on 911 phone

A new kind of phone service heavily advertised in Michigan offers inexpensive "Voice Over the Internet" telephone calling, also known as "VoIP." VoIP technology allows you to make telephone calls using a broadband Internet connection instead of a regular phone line. While VoIP may offer less expensive calling, consumers need to educate themselves before replacing their traditional telephone service with VoIP. There are many important differences between VoIP and traditional telephone services, including some that are less than obvious.

One of the most important differences, because it may be the difference between life and death, is that not all VoIP services provide emergency 9-1-1 service. Some VoIP services do not provide access to emergency 9-1-1 at all. If the advertising, brochure, or other VoIP marketing materials are silent on this issue, it is likely that 9-1-1 is NOT being provided

Attorney General announced order to return illegal pay

Attorney General Mike Cox has announced that members of the Flint City Council must return to the city treasury more than $235,000 in illegal pay raises they granted themselves in 2004. On Wednesday, an Ingham County Circuit Court judge declared the raises violated the Michigan Constitution.

"I applaud this victory on behalf of Flint’s residents who have persevered through difficult financial times," said Cox. "The City of Flint deserves responsible management to keep the city moving in the right direction," said Cox.

In July of 2002, the State appointed an Emergency Financial Manager, Ed Kurtz, to address the City of Flint’s financial crisis, which included more than $20 million in debt. As part of his plan to return the city to financial stability, Kurtz reduced the pay for City Council members. However, once the situation stabilized, Kurtz reinstated members’ pay to 95% of pre-emergency levels.

Kurtz’s tenure ended on June 30, 2004. Less than 24 hours later, on July 1, the City Council voted 7-0 to grant themselves more than $235,000 in retroactive pay and benefits. Referred to the Attorney General’s Office by Senator Bob Emerson (D-Flint), Cox filed suit on August 9, 2004.

Ingham County Circuit Court Judge Joyce Draganchuk agreed with Cox that the City Council’s actions violated Article 11, Section 3 of the Michigan Constitution, which bars retroactive pay raises by elected officials.

Attorney Expects Trial Of Reputed Klansman To Proceed

The attorney for Edgar Ray Killen says it appears there will be no more delays in the trial of the 80-year-old reputed Klu Klux Klansman.

Killen is charged with murdering three civil rights workers more than four decades ago. He continues to recover from a March 10th accident that has confined him to a wheelchair. The part-time preacher and sawmill operator from Union shattered both of his legs when a tree fell on him. He was hospitalized for a month. Killen's trial is scheduled for June 13th in Philadelphia.

Attorney general files lawsuit over no-call list violations

A judge has issued a restraining order against an Anderson telemarketer after the Indiana attorney general sued him for refusing to stop calling people on the state's no-call list.

Attorney General Steve Carter said he sued Gabriel Gouvas and two companies in which he is a principal after the agency was unable to negotiate a settlement.

It was the first time the state has had to sue to stop someone from violating the no-call law since it took effect in January 2002, Carter said. The agency has negotiated settlements in nearly 150 other alleged violations and assessed more than $500,000 in penalties.

"Our goal with this legislation was not to create a lot of lawsuits," Carter said. "It was to create peace and quiet for Hoosiers."

Since last June, the attorney general's office has received more than 60 complaints from 10 counties concerning calls from Digital Communications and Spectrum Services, which provide satellite television services. Carter said hundreds more people also likely were disturbed.

District Attorney queries lack of written notice of appeal

Derrick Todd Lee, 36, of St. Francisville was convicted of killing Charlotte Murray Pace on May 31, 2002, at her Sharlo Avenue home; the jury recommended that he be sentenced to death. He has been on death row at the Louisiana State Penitentiary at Angola since that date. On the day he was sentenced his attorney stated in open court that the conviction and sentence would be appealed.

First Assistant District Attorney John Sinquefield has requested a hearing before state District Judge Richard Anderson to find out why no written notice of an appeal had yet been filed. Defense attorney Marcia Widder claimed that following the verbal notice of appeal, no further application was necessary. Sinquefield argued the lengthy appeal cannot start until Widder files the necessary paperwork. Although maintaining that it is not necessary, Widder, "out of an abundance of caution," has now filed a written motion notifying the prosecution that Lee is appealing his conviction and sentence.

Attorney General causes concern in Kenya

Questions are being raised about the quick dismissals of cases against powerful defendants while hundreds are in jail waiting for the Attorney General to proceed.

In one case, Attorney General Amos Wako said neither police nor prosecutors had had time to investigate whether the president's wife, Lucy Kibaki, had slapped a news cameraman during a confrontation over what she considered unfair media coverage of her family. This was despite the fact that the alleged assault had been seen on television.

In another case Judge Muga Apondi accepted the Attorney General's request to drop murder charges against a grandson of one of Kenya's first white settlers in the killing of a game park warden. The Attorney General had said that there wasn't enough evidence to prosecute Thomas Patrick Gilbert Cholmondeley for the April 19 killing of a Kenya Wildlife Service warden investigating possible poaching on the rancher's land. The judge said that though there was no way for him to verify Wako's conclusions, the law allowed the attorney-general to terminate a criminal case at any stage.

Attorney General Launches Unclaimed Funds Campaign

Ft.Wayne - Raising awareness of the more than $285 million in financial assets waiting to be claimed by citizens is one of the goals of a public awareness campaign launched this week in Fort Wayne by Indiana Attorney General Steve Carter.

"Remember how it feels to find an unexpected dollar or two in a pocket of jeans you haven't worn in a while, or last season's jacket?" Attorney General Steve Carter said. "Well, that's what unclaimed property is, except you can't find it in an old suit jacket - it's been lost or forgotten at some institution and may not be as easy to track down. That's why we want to remind everyone to regularly do a quick search at www.indianaunclaimed.com.

There are more than 28,000 properties equaling more than $12 million (1998 - 2004) with last known addresses from Allen County and its nine surrounding counties. Nearly ninety percent (90%) of these assets are unclaimed investment earnings, insurance proceeds and benefits, wages, and savings and checking accounts.

Unclaimed property may also include items from safe-deposit boxes turned over to the state.

"The enhanced website makes it easy for someone to make a quick search for themselves or someone they know. It also gives people information about unclaimed property - how it may have gotten to the state and what they need to do to get it back," Attorney General Carter added.

Man fired for drinking wrong beer?

A long running dispute between a former employee and his employer looks likely to reach a court hearing in the near future. The attorney for American Eagle Distributing Co., which distributes Budweiser, said that the company fired Ross Hopkins, 41, for his disparaging remarks made about the company in uniform at a bar. Hopkins claims that the reason for his dismissal was that he was drinking a Coors.

"We expect it to go trial," said Jeff Bedingfield, the attorney representing American Eagle. "American Eagle believes it needs to defend itself and that this is a lawsuit without merit."

"I'm willing to fight that battle," Hopkins said. "I'm looking forward to it because what they did was terribly wrong. They know it. I know it, but they're not willing to admit it. They want to save face and go on."

He said the company has changed its story from initial claims that he was "bad-mouthing the company" to that he was "bad-mouthing the company in uniform" and to the latest, that he was "bad-mouthing the company in uniform and drunk."

He angrily denies that he was wearing his uniform the night of the incident. He likened his uniform to a candy-striper with red and black pinstripes, a Budweiser logo on the pocket and an American flag on the sleeve.

"You kind of look geeky wearing that thing in public," Hopkins said. "Why would I wear that?"

A trial date has not yet been set. American Eagle Distributing Co. will be ready, Bedingfield said.

Local attorney bids to fill judicial post

Virginia Barborak, who is an assistant prosecuting attorney, is the first to appy for the post of Municipal Court Judge as replacement for Judge Robert C. Roberts, who has announced his retirement.

Barborak has said she believes her extensive experience working as an assistant prosecuting attorney at the county municipal court gives her the right qualifications for this judicial post.

"I have been in the municipal court every week as the assistant prosecuting attorney. It has been a pleasure to work with Judge Roberts, and he will be greatly missed. I have learned so much from him, and he has always been supportive of me," Barborak said. "We are dawning upon a new era, and there are many changes that can be made in order to make the justice system more accessible to the people of Columbiana County. I am open to suggestions from all citizens, regardless of their political party, as to how we can make this court system work better."

"I love Columbiana County and its people. I come from a blue collar background, and I promise to never forget where I came from. If I am elected, I will make sure that it is not cost prohibitive for a person to have their day in court and that there is access to justice for all," Barborak said.

How to find the right corporate attorney

If you own a business or are considering starting one, you need a corporate attorney. You also need to take your time in choosing one.

There are laws and regulations to be complied with regarding virtually any business activity, and a good attorney can help to guide you through the maze. The essense of a good business/legal relationship is one where information and advice is provided to keep you out of trouble, rather than coming in to rescue you once a problem has occured. Equally a good corporate lawyer will not tell you what you ought to do, but will advise you of the costs involved in the different courses of action available to you.

When choosing a lawyer, a recommendation from a friend or business colleague is often the best way. Alternatively you could ask several lawyers to tell you the names of the three best lawyers in the area and pick the one with the most votes.

Don't forget to ask about billing arrangements. Most attorneys charge on an hourly basis but some will work on a fixed fee. Be very clear about how you are going to be charged before you sign a retainer.


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Psychic joins search for missing district attorney

Carla Baron, a psychic, has been called in to try to locate missing District Attorney Ray Gricar who disappeared nearly a month ago. The decision was taken following a request from members of Gricar's family. Police officer Darrel Zaccagni suggested approaching Carla Baron since he knew that she had been involved in a similar case helping to trace a missing student. Although Zaccagni is skeptical of psychics in general, he said he can't discount them.

"I believe in God, and if I believe in God, I have to believe there are spirits out there," he said. "If you look, more and more police are using psychics."

Barbara Gray, Gricar's ex-wife said she and other family members and friends were interested in using a psychic because police are running out of angles to investigate.

"At this point, we have no clues," she said. "We're hoping anything we can learn will be beneficial."

The last contact with Ray Gricar was on April 15, when he called his girlfriend Patty Fornicola about 11:30 a.m. to say he was taking a drive along state Route 192 in the Brush Valley area. Fornicola called police about 11:30 p.m. when Gricar had failed to return home. The red-and-white Mini Cooper he was driving was found in a parking lot in Lewisburg April 16, police said.

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District attorney ignores minor crimes

Residents of Eugene in Lane County had better keep a sharp eye on their cars and wallets in future following a decision by the district attorney that petty theft, car break-ins, credit card fraud and other misdemeanor crimes will no longer will be prosecuted. Doug Harcleroad has decided there is not enough money in the budget to justify the cost. Instead the focus will be on violent crimes, domestic violence, felony property crimes and drug dealing. Because 150 new criminal cases are being filed each week, this was the only way that he could afford to operate.

"I don't like this either," Harcleroad said Tuesday. "Currently, we have only 21 lawyers in the criminal division, which is the lowest number we have had in 20 years. We're having to make tough decisions about what are the most important things to do."

But Chief Deputy District Attorney Kent Mortimore said some of the increase is driven by criminals who are released from jail because of overcrowding and who continue to commit new crimes after release.

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Former deputy county attorney arrested in Kansas

A man arrested in north-central Kansas after a traffic stop turned out to be a former Cheyenne County, Nebraska, deputy attorney. Greg Lauby, 57, of Lexington, Nebraska, was wanted on a sexual assault charge. The arrest took place after a Kansas Highway Patrol stopped him near Phillipsburg. He will be extradited to Colorado to face the charge. Lauby, who began working for the Cheyenne County attorney's office in April 2003, was fired soon after charges were filed against him in Nebraska earlier this year, Cheyenne County Attorney Paul Schaub said. He is also charged in Nebraska with first-degree sexual assault. Prosecutors in that case said Lauby's alleged victim was under 16.

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Scottsdale council fires city attorney

City Attorney Joseph Bertoldo has been fired by the Scottsdale City Council just 16 months after he took up the post. The council made the unanimous decision to terminate Bertoldo's contract while discussing his performance review during a closed meeting. In an announcement made recently, Mayor Mary Manross said the job review "has clarified the council's interest and expectations in the position of city attorney."

Bertoldo, 54, moved to Scottsdale in January 2004 to take over the reins from the more flamboyant David Pennartz. Pennartz left the council to return to private practice but caused a storm when his firm received an $80,000 consulting contract. Residents protested when the contract was awarded by the council.

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Federal attorney general drops controversial case

The federal attorney general's office has issued a statement saying that it was dropping a land dispute case against Andres Manuel Lopez Obrador, the mayor of Mexico City, clearing the way for his presidential campaign. In its statement, the federal Attorney General's office said it wouldn't pursue an investigation of Lopez Obrador because the law was not clear as to what sentence he might face. Under Mexican law anyone facing criminal charges cannot run for office. Lopez Obrador had accused the government of using the case to keep him out of next year's presidential race.

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Attorney Lydia Sartain represents Jennifer Wilbanks

Jennifer Wilbanks, the hesitant bride-to-be, caused consternation and confusion by disappearing four days before the date of her wedding. She failed to return home after telling her fiance she was going jogging. She called 911 four days later in Albuquerque, New Mexico claiming that she had been kidnapped by a Hispanic man and white woman, police said. During questioning by the police Wilbanks admitted that her story was a fabrication and that no abduction was involved.

Her attorney, Lydia Sartain, has issued the following statement:

"Jennifer asked that I convey her appreciation of the many prayers and statements of support she has received from countless individuals. She is deeply regretful about the pain she caused her family, her fiance, her friends and the community who rallied to her aid."

"I believe Jennifer committed no crime. I understand and respect District Attorney Danny Porter and his obligation to investigate this situation thoroughly. Jennifer hopes this experience will help her grow and heal and perhaps help others in similar circumstances. I look forward to working with her and her family."

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Attorney General proposes clampdown on charities

Attorney General Tom Reilly is proposing new regulations to tighten up control over money and benefits paid to employees and officers of charities. "Charities are not only essential to the well being of our citizens, they play an important role in our state's economy. This legislation is aimed at bringing more fiscal discipline to the charitable community, while at the same time allowing them to continue to do the important work that they do on so many fronts," he said.

The new regulations would limit private benefits to employees, officers, and directors of charities, and allow only reasonable compensation for their work. The proposals are being made following a number of high-profile cases where trustees of charities have paid themselves excessive salaries and benefits. The proposed regulations include provisions for stricter audit requirements and increased fines for violation of state charitable laws.

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County District Attorney sues sheriff

In an unusual twist here is a story about one arm of the law suing another over a dispute about funds used in the penal system. John Tyson Jr, the Mobile County District Attorney is suing Sheriff Jack Tillman in circuit court asking for a declaration that any leftover jail food money belongs to the county, not Tillman. The District Attorney is claiming that the funds should be regarded as public money and be paid in the county general fund. The sheriff argues that state law allows him to keep jail money for himself if any is left after feeding prisoners.

The sum claimed is about $344,000 that the sheriff accumulated over the years from government allowances of $1.75 per prisoner per day. He is said to have spent about $1.45 on each prisoner's food every day and banked the rest. Tillson already faces a theft charge related to the withdrawal of $12,869 from the food account to open a personal retirement fund. Charges of violating state ethics law as well as two counts of perjury are also pending.

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Attorneys suspended in record numbers in Hawaii

Lawyers say the Hawaii Supreme Court, long criticized for moving slowly and tepidly in handling complaints, is showing a new resolve to enforce the rules of the legal profession. As part of an effort helped by some key rule changes, six lawyers have been suspended from practice for reasons ranging from failing to return clients' phone calls to stealing money from them. The figure so far for this year is twice as high as in 2004, when three lawyers were suspended.

The Supreme Court, which makes and enforces the rules of conduct for Hawaii lawyers, has been criticized in the past for moving slowly on complaints.

Last year, the court approved rule changes that made the disciplinary board more effective and allowed it to move more quickly. For instance, the board can now decide on its own whether the evidence is strong enough to go after a lawyer, a power it didn't have before.

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