Friday, March 06, 2009

Goggles case finally over

Vanessa Blum has the scoop:

A federal judge sentenced an Iranian woman today to five years and three months in prison for trying to illegally export U.S.-made night-vision goggles to Iran.Sharhazad Mir Gholikhan, 31, was found guilty of violating trade laws in December after she represented herself at trial.U.S. District Judge James Cohn said Gholikhan's crimes compromised the safety of U.S. military personnel and the country. However, Cohn gave Gholikhan credit for voluntarily surrendering to face the charges against her."Without that, I think we can all agree she would not be before the court," Cohn said.

Does the JNC Lack Diversity?

Hi folks, SFL here.

It's Friday, so let's talk about women.

Come on now, this is David's blog -- I mean the lack of same on the new JNC Panel:
The 56-member list produced by Nelson and U.S. Sen. Mel Martinez includes 11 women. Three of 20 from South Florida are women.

“I was appalled,” said Lehner, director of the Miami-Dade chapter of the Florida Association for Women Lawyers. “It’s mind-boggling. It’s a total and complete mystery how anyone can constitute a commission, which is supposed to be selecting candidates for federal office, with such a gross disparity and inequality toward women.”

Lehner said she has written a letter of complaint to Nelson’s office and has heard from a number of women lawyers who are concerned about the commission’s gender bias.

“Myself and other women are disappointed in the under-representation,” said Jennifer Coberly, a former member of The Florida Bar board of governors and the general counsel for Point Blank Solutions in Pompano Beach. “It’s important to not just the legal profession but to the community.”
John teased out some great quotes for this story. How about this one:
“Somehow, if there is no contribution, then you don’t rise to the attention of the decision makers,” said Marva Wiley, a Miami attorney and president of the Gwen S. Cherry Black Women Lawyers Association and the Haitian Lawyers Association.
I also like how all those contacted by Pacenti for this story all declined comment:
Zack, like other JNC members contacted, said he had no comment on the number of women on the commission.
That's the smart play of course, but here's what I would have said:
"If the Senators in their judgment determine that a more diverse or different Panel be selected, I would gladly offer up my seat so that this very worthwhile goal could be accomplished."
Maybe that's why I never get picked for these things.

Thursday, March 05, 2009

Baker & McKenzie UBS Memo Takes Center Stage


SFL here.

Come on folks -- David needs to focus on his trial, and a bunch of nudnick commenters force him to change his comment policy. Oy.

Meanwhile, the UBS saga unfolds on multiple fronts, in addition to Judge Gold's courtroom. In Senate testimony yesterday, a Baker & McKenzie tax memo took center stage:

According to a 180-page list of exhibits released by the Permanent Subcommittee on Investigations, a UBS memo dated July 4, 2000, shows that the Swiss bank relied on outside legal counsel from Baker & McKenzie when setting up offshore asset vehicles and insurance plans to aid U.S. clients. (The UBS memo citing legal advice obtained from Baker & McKenzie can be seen on PDF pages 178 and 179.)

The memo, which was signed by UBS financial planning and wealth management employees Jonathan Bourne and René Sonneveld, explicitly states that the firm was consulted when setting up such schemes.

It also appears that UBS is arguing some sort of abstention doctrine before Judge Gold:

Branson said that UBS views the John Doe summons filed by the IRS in federal court in Miami as a dispute between the IRS and the Swiss government, which can best be resolved through diplomacy rather than litigation that is neither "proper nor productive."

UBS is being advised by Wachtell, Lipton, Rosen & Katz litigation partners John Savarese, Ralph Levene, and Martin Arms. Eugene Stearns, chairman of Florida firm Stearns Weaver Miller Weissler Alhadeff & Sitterson, is serving as local counsel to UBS along with litigation partners Ana Barnett and Gordon Mead, Jr. (Stuart Gibson, senior litigation counsel with the Justice Department's tax division, is the lead lawyer for the government.)

What is with the Swiss and diplomacy? Also, when is litigation ever "proper or productive"?

Welcome to America!

Wednesday, March 04, 2009

New Comment Policy

While I am in trial and while SFL is graciously and very ably filling in, I have enabled comment moderation because people are out of control with the personal attacks. If you see a comment you would like removed, please email me and I will take it down as soon as I am able. I do not like moderating comments, but I won't allow the blog to be used to anonymously pick on people. Sorry.

IRS Targeting All Dancing Race Car Drivers?


SFL here -- David is still busy doing something involving the 6th Amendment and government lawyers who tape attorney-client conversations and forget to tell anybody about it.

So let's get on to the important stuff.

The "target" theme appears to be what Roy Black is running with in the Helio trial, according to this Herald report:

But the defense team countered the prosecution's case was fueled by the IRS' drive to target the 33-year-old celebrity.

''They have come up with a fiction,'' Castroneves' attorney, Roy Black, said in his opening statement, saying his client's tax obligation was legitimately deferred until May.

''When he won Dancing with the Stars [in 2007], that made him an even bigger target to the IRS,'' Black said.

Very interesting.

All I know is if 2008 winner Brooke Burke takes up racing, she darn well better have her taxes in order.