Category Archives: Law

After the Purge we get Rachel Paulose

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If you have a pulse then you know that the biggest news story of the past week has been the politically motivated purge of U.S. Attorneys not deemed loyal enough “Bushies.” The eight fired attorneys were all ones that Karl Rove and the Whitehouse felt weren’t acting partisan enough. They were either pursuing corruption cases against Republicans or not pursuing cases against Democrats hard enough. Evidence didn’t really matter, nor did the fact that of the eight attorneys 6 were Republican and two Independent. The most vociferous of the fired attorneys has been David Iglesias:

United States attorneys have a long history of being insulated from politics. Although we receive our appointments through the political process (I am a Republican who was recommended by Senator Pete Domenici), we are expected to be apolitical once we are in office. I will never forget John Ashcroft, then the attorney general, telling me during the summer of 2001 that politics should play no role during my tenure. I took that message to heart. Little did I know that I could be fired for not being political. [Link]

What’s the first thing you do after you fire eight attorney’s who don’t play political ball? You hire new ones of course. You’d probably go for someone you know you could trust. A loyal “Bushie.” Meet the only (as far as I know) Indian American U.S. Attorney. Her name is Rachel Kunjummen Paulose and she was appointed to the recently vacated job in Minnesota. She is the youngest attorney, and the first woman in Minnesota to hold this post (thanks for the tip Ravi):

It seemed like a fairy-tale: University of Minnesota graduate goes to Yale Law, gets a few high-profile jobs, including stints at Dorsey & Whitney and the Justice Department, and winds up, at age 33, the youngest serving U.S. Attorney, the first woman to hold that position in Minnesota and the first U.S. Attorney of South Asian descent. Her appointment to the post is sponsored by Republican Senator Norm Coleman, but also endorsed by outgoing Democrat Mark Dayton, who makes it his final priority in the Senate to see her confirmation through in the waning hours of the session.

This is the narrative we have received from the media of the meteoric rise of Rachel Paulose, the new U.S. Attorney in the Minnesota district. But with the recent furor over the firings of the “Gonzales Seven”–several of whom were involved in ongoing corruption investigations, and others of whom have revealed that they were pressured to speed up investigations by sitting members of Congress–and their replacement by up-and-coming partisans, the curious case of Rachel Paulose merits a closer look. [Link]
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Discrimination down under

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Last week, a Sikh in New Zealand got on a Qantas flight from Queenstown to Auckland. You can guess what happened next … he got kicked off because the other passengers didn’t want him flying with them.

“People either side of me were saying they don’t want me on here … One of the ladies told another guy ‘I’m not comfortable with him on this plane’,” Mavi says. “She was talking to a whole group. The lady started it and then somebody went and spoke to the captain. The Qantas man requested me and said ‘You’re not allowed to travel in this plane because the passengers are not happy’…” [Link]

I hadn’t realized that commercial flights were like survivor, that the passengers are polled and one unlucky one is voted off. Silly me, I thought you paid, you got checked out by security, and you disembarked at your destination. Things seem to be a bit … different on the other side of the world.

Of course, Qantas has a different account of what happened. They say simply that:

A Qantas Airways spokesman from Sydney [said] … the passenger “displayed behaviour prior to boarding and on board before departure which concerned our staff”. After “careful consideration” a decision was made to offload the passenger. [Link]
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Pac Picks Manny

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Pacman's brown lawyer.JPG

I work with twenty people, eighteen of whom are men; recently, I’ve been privy to outrage and debate regarding the following scandal (when I’m not ignoring boasts regarding bracketology, that is). I didn’t realize that there was a Sepia angle to the Adam “Pacman” Jones controversy until Anantha kindly alerted us to it, earlier today. I’ll get to that, but first, let’s catch up other non-ESPN-addicts with what the hell I’m going on about:

It’s Feb. 19 in Vegas and, two miles from The Strip at a club called Minxx, the three-day party that is the NBA All-Star Weekend is about to end.
With gunfire.
According to witnesses, Adam Bernard “Pacman” Jones sits in a VIP booth with seven acquaintances, six of them women, the other his bodyguard. They’re drinking Dom Perignon champagne and Patron tequila, which goes for $600 a bottle. Pacman watches as Cornell Haynes Jr. — America knows him as the rapper Nelly — and music producer Jermaine Dupri (whose girlfriend is Janet Jackson) “make it rain” dollar bills for several songs. Jones, the Tennessee Titans cornerback who considers himself a major player, wants a piece of their action. Pacman asks an employee to convert $3,400 in larger bills into smaller denominations and approaches the stage. Wide-eyed, almost childlike, he showers fists full of dollars on the dancers.
What happened next, in the context of the law, might not be determined for months, if ever. But when the gunshots ended, a security guard, a former WWF wrestler named Tommy Urbanski, was on the ground with his spinal cord shattered by a bullet. Two others, another bouncer and a female patron, were also shot.

To be clear, Las Vegas police consider Jones a WITNESS, not a person of interest; the trouble-magnet of an athlete claims he’s not the one. The club owner says he made threats and knows the gunman, who has yet to be found. But just in case…

Even though he hasn’t been charged, Jones hired an attorney, Manny Arora, from the same Atlanta-based law firm that defended Ravens linebacker Ray Lewis on charges of murder and aggravated assault in 2000.

The entire ESPN article is a fascinating read and I say that as someone who is almost entirely bored by sports (unless it’s something else fascinating…like cricket). I’m not saying I have any sympathy for Pacman (who got his nick because of the enthusiastic way he housed bottles of milk when he was a wee thing) or the devil for that matter, but after reading a backstory like this:

Misfortune is something that has touched Jones early, and often. His father, Adam, was shot in the back of the head and died when Pacman was 5. His mother, Deborah, spent three years in prison. An uncle died from a knife wound. He’s seen some of his peers die. He was raised chiefly by his grandmother, Christine Jones, and she died of cancer after he graduated from high school.

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Mature Macaca Molested Montessori Minor, Maybe

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It’s only because Abhi doesn’t pay us I don’t have the time that I haven’t taken myself down to Manhattan Supreme Court to check out on your behalf, gentle reader, the ongoing circus that is generating press clips of this nature:

A city cop who testified he was seduced at age 13 by his East Side Montessori school principal suffered a figurative beating by the same headmistress in court yesterday. …

“Did that involve any noise?” Shargel asked. “Noises that are often attendant to the act of making love?” The cop answered, “The TV would be on loud.”

Backstory and Desi Angle (TM): Well, you see, the Montessori school principal in question is desi. Name of Lina Sinha, age 40. The alleged events took place about ten years ago. It seems something went down between the two, but just what, and how illegal, and whether it can be proved, is up in the air. He says she raped him when he was underage. She says they had an affair after he turned 17, which ended badly; that she had accused him of beating her and he, fearing this would lose him his job with the NYPD, turned around and accused her of rape.

Additional elements of note: Steven Soderbergh was almost a juror in the case. Too bad he didn’t make the final cut – there’s sex here for sure, and lies somewhere, and all we need is the videotape. Second element of note: Sinha’s attorney is Gerald Shargel, who is best known for defending mobsters. Damn! Maybe I will make it down to the court after all. The whole scene sounds classic.

Get your fix with these stories from the first day of the trial last week (Daily News flava; New York Post flava with photo of Sinha — go on, you know you want to; New York Times flava), and these updates. Looks like Shargel’s scoring some points, which is why he gets paid the big bucks. We’ll try and keep an eye on this tawdriness for you as the trial continues. Continue reading →

Maximum absorbancy

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Quite predictably, my inbox was blowing up this morning and the news of a bizarre love triangle at the workplace was the only thing people wanted to talk about. It was the first item at our weekly office meet-up (under the heading “safety”). At my workplace safety always comes first. So THIS is what they mean by a “water cooler topic”:

This is the story everyone’s talking about at the water cooler today. (Fortunately, I sit right next to the water cooler.) NASA astronaut Lisa Marie Nowak has been charged with attempted murder of another astronaut, who was in a astronaut love triangle with another astronaut. She also had on diapers so she wouldn’t have to stop on the drive. Okay, so attempted murder and kidnapping aren’t cool, but if they have to happen, I’m pretty happy that astronauts are involved. [Link]

First of all, if I was a rockstar I would totally name my band “astronaut love triangle.” It’s so edgy. If you click on my first link it will lead you to the arrest report which provides details about the steel mallet, rubber tubing, knife, pepper spray, large trash bags, wigs, and trench coat involved. I will spare you re-hashing the details that have been replayed on the news all day. This far into my post I am SURE you are all wondering “where is the desi angle?” Stay with me a moment.

Earlier this week Indian American astronaut Sunita Williams (see previous posts 1,2,3) set the spacewalking record for a woman. This is an amazing achievement that took many long hours of hard work in a dangerous environment!:

U.S. astronaut Sunita Williams has now spent more time in space [outside of a vehicle] than any other woman, setting the record on Sunday.

She and a crew mate upgraded the international space station’s cooling system.

Williams broke the previous female spacewalking record of more than 21 hours when she and Michael Lopez-Alegria completed the second of what could be a precedent-setting three spacewalks in nine days. The new record is 22 hours and 27 minutes. [Link]

So what do these two seemingly unrelated news stories have in common besides the fact that they both involve astronauts? Three words: Maximum Absorption Garment (MAG). Continue reading →

Diplomatic Impunity: Slavery in the Suburbs

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According to a complaint filed this week in U.S. District Court in Washington, D.C. (thanks, tipster Ashwini!), in the summer of 2005 a Kuwaiti diplomat and his wife brought with them to the United States three Indian women as domestic workers. In order to obtain for the workers the appropriate visas, they presented contracts in which they promised each woman a monthly salary in the range of $1,300 for 8 hours of work per day, 6 days per week.

You know where this story is going. Once established at the residence at 7027 Elizabeth Drive in McLean, Va., according to the complaint, the couple proceeded to demand of the three women that they work non stop, 7 days a week, 18 hours a day, for which they were paid in the range of $250 each month, which they never saw as it was sent directly to their families.

The defendants, Waleed al-Saleh and his wife Maysaa al-Omar, abused the workers physically and emotionally:

They were subjected to threats and verbal and physical abuse, including one particularly violent incident in which Sabbithi was knocked unconscious after being thrown against a counter by Al Saleh. The women were often not allowed time to eat or to use the bathroom and frequently were deprived of food. Two of them were allowed one hour off a month to attend church. The workers had their passports taken away and they were isolated from contact with the external world.

“I was scared of my employers and believed that if I ran away or sought help they would harm me or maybe even kill me,” said Kumari Sabbithi, who is now living in New York. “I believed that I had no choice but to continue working for them even though they beat me and treated me worse than a slave.”

Some examples from the complaint: Continue reading →

Posted in Law

Munnabhai beats the rap, mostly

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sanjay-dutt.jpg Bollywood actor Sanjay Dutt (star of the Munnabhai movies) has been acquitted on the terrorism charge that’s been on his head since 1993. The judge did find him guilty of illegal possession of arms, but it appears that charge is much less of a concern: though he may still do years of prison time, according to the New York Times, Dutt’s family and friends are celebrating.

Some background on the case is available at Wikipedia:

Mumbai was engulfed in riots as the aftermath of the destruction of the Babri Masjid complex in Ayodhya in December 1992. The resulting riots claimed hundreds of lives and it is during this time that Sanjay Dutt claims to have asked his under world friends to provide him with a fire arm for protection. He however had not conveyed to police any threats to his life.

As per the CBI case filed in a TADA court Abu Salem and his men went to Dutt’s house on January 16, 1993 and gave him three AK-56 rifles, 25 hand grenades, one 9 mm pistol and cartridges. He returned two AK-56 rifles, hand grenades and cartridges to Hanif Kadawala and Samir Hingora but kept one AK-56 rifle with himself. (link)

Admittedly, the Wikipedia article is a bit slanted towards Dutt here, as it presumes that Dutt’s purpose in buying a weapon was self-defense. But the problem with this interpretation is Dutt’s supplier, Abu Salem, a notorious terrorist seen as one of the key organizers of the terrible 1993 blasts in Bombay. While it’s fair to imagine that a half-Muslim actor might want protection following some nasty communal riots (December 1992-January 1993), it’s also fair to speculate that he knew Abu Salem was up to something unsavory by the spring of 2003. Even if Sanjay Dutt wasn’t actively involved in the bombings that took place in March of 1993, isn’t it possible he knew something about the plans given his association with Abu Salem?

I guess I lean towards Dutt a bit in this case. While I do find Abu Salem’s involvement disturbing, it’s hard to imagine that Dutt would have been actively involved in terrorism given his famous parents and his status as an actor. That said, if this were the U.S., and Sanjay Dutt had bought an AK-56 rifle from, say, Mohammed Atta, he would probably be permanently locked up in Guantanamo Bay. (Sometimes, the Indian legal system seems more rational than the current American one.)

Dutt served 18 months in jail immediately following his arrest, but within a few years was back and more popular than ever in Bollywood. The 2000s have been the peak of his career, with the two superhit Munnabhai movies. As I recall from the comments to one of my earlier posts on Lage Rago Munnabhai, some people at least have been aware of the irony of an actor in a movie about “Gandhi-giri” being found guilty of possessing an assault rifle. Well, at least he has one thing in common with the Mahatma — they both did lots of jail time. Continue reading →

Posted in Law

The World Is High, Not Flat

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akhil bansal.jpg The Philadelphia Inquirer has the first in a series of articles about an illegal prescription drug network that was busted in 2005, as part of “Operation Cyber Chase.” The ringleaders of the network were the Bansals, a family based in India, though part of the business was run out of a warehouse in Queens.

Here’s how the business worked:

Akhil [Bansal] oversaw the family’s North American operations, shipping roughly 75,000 pills a day via UPS. In a little more than a year, the network had smuggled 11 million prescription tablets to more than 60,000 American addresses, an operation that grossed at least $8 million. These numbers did not include the steroids or the kilo shipments of the tranquilizer ketamine, a club drug called “Special K.”

The family’s Internet business represented a dark slice of the global economy so new, and so widespread, that national governments were still struggling to understand it, let alone police it.

Laws were vague, outdated, inconsistent. Technology – new medicines and ways to deliver them – was outpacing regulation. (link)

Unlike Operation Meth Merchant, where a number of the defendants pleaded guilty because they were going to be deported anyway, these guys clearly knew exactly what they were doing, and what they were doing was definitely illegal. In contrast to Operation Meth Merchant, which disproportionately targeted Indian immigrant store clerks, I’m not at all bothered at the take-down of the Bansals — they deserve to be in jail. Rather, it’s an intriguing case study that shows yet again how India’s entry into the globalized, internet-based economy goes well beyond the rosy picture suggested by talk of outsourcing and call centers.

At the same time, I don’t think the Bansals are especially “evil” for smuggling imitation prescription drugs, though it’s definitely dangerous for these drugs to be floating around. (According to NPR, at least one person died after purchasing drugs from a website based in Mexico.) If anything, the Bansals were evil because their business was based on spam, which wreaks havoc with email and is the bane of many a blogger’s existence. Continue reading →

Religious Visas

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Thirty-three people including two Massachusetts imams have been arrested for abuse of the Religious Worker visa program:

Federal immigration agents arrested imams from two Boston-area mosques yesterday on charges they were involved in a scheme that provided religious worker visas to immigrants who used them to enter the United States and work instead as gas station attendants, truck drivers, and factory laborers. …

Under the scheme, described by federal authorities yesterday, the immigrants, who were mostly Pakistani, paid a fee to US religious organizations, which then sponsored them for the visas.

The Religious Worker Program was created under the Immigration Act of 1990:

…churches, synagogues, and mosques can ask the government to approve visas for foreigners to fill vacant positions. Several thousand visas are issued each year that permit immigrants to enter the United States exclusively for religious employment. To obtain the visa, immigrants must have religious training and experience in their native country. Once here, they are not allowed to hold secular jobs. The religious worker permits can ultimately lead to green cards, or permanent residency. …

Federal immigration officials believe that abuse of the program is widespread: an August 2005 audit found signs of fraud in more than 30 percent of applications.

That wasn’t the prevailing view in Congress two years earlier, when the program was extended to 2008 in a fine display of bipartisan blather. Here’s Rep. James Sensenbrenner (R-Wis.): Continue reading →

A Cyber Farewell

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It is with great relief and extreme sadness that I leave the mutiny today ending the sequel to my Mutiny-Wallah gig. I think there may have been a way to bribe the head macacas to hang around the bunker blogging some more, but my lawyer and I have decided against it. I came back on board to Sepia Mutiny months ago with the expectation of blogging on the 2006 elections and am leaving today having spent more time researching cyber law than should be legal (bad pun, I know). You didn’t think I was going to leave without sharing some of the research I dug up, now would you?

1) It is a misdemeanor in the state of California to be sent multiple e-mails after you sent one that said stop contacting me, even if the perpetrator is in another state (check to see what your state’s laws are). My advice: never block or delete e-mails until you’ve accumulated enough evidence, never respond to the e-mails except for a one liner that says ‘stop contacting me’ and file a report with the police immediately.

2) Those IP addresses are a tricky thing — they are often anonymous to protect the bloggers and commenters. But IP addresses can be tracked with a court order, and sites like MySpace, Friendster, or Blogspot have a wealth of IP information that they have to give to the police if given a court order, especially if the perpetrator used those sites to contact you. Also, if you do blog, get a sitemeter, and monitor those IP addresses religiously.

3) If you Flickr, photolog, whatever — copyright your pictures. According to blog laws, sites such as Brown People can post your pictures up legally as long as they link to the source. If you copyright your pictures, they are not allowed to take your image. The laws around image copyright infringement are pretty harsh (known as the Digital Millennium Copyright Act), and the Google law team is standing by to make sure Blogspot users don’t infringe this aspect of the law. You should copyright your blog too.

4) Save everything, take screenshots (go to File, Save page as…) of everything. In a world where the Internet can be so easily manipulated and deleted, it is important that you save things immediately. Not just saving e-mails in your inbox, but take screen shots of profiles, blogs, websites and accumulating your data. Both your lawyers and law enforcement will be pleased to see that you have evidence to back your claim.

The rest of the list continued after the jump…

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