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State appeals court reinstates California's right-to-die law
Court News |
2018/06/17 12:05
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A state appeals court has reinstated — at least for now — California's law allowing terminally ill people to end their lives.
The Fourth District Court of Appeals in Riverside issued an immediate stay Friday putting the End of Life Option back into effect. The court also gave opponents of its decision until July 2 to file objections.
The law allows adults to obtain a prescription for life-ending drugs if a doctor has determined that they have six months or less to live.
Riverside County Superior Court Judge Daniel Ottolia declared the law unconstitutional last month, stating that it had been adopted illegally because lawmakers passed it during a special Legislative session called to address other matters.
Ottolia didn't address the issue of whether it's proper for people to end their lives. Right-to-die advocates hailed Friday's action.
"This stay is a huge win for many terminally ill Californians with six months or less to live because it could take years for the courts to resolve this case," Kevin Díaz, national director of legal advocacy for Compassion & Choices, said in a statement.
"Thankfully, this ruling settles the issue for the time being, but we know we have a long fight ahead before we prevail."
California Attorney General Xavier Becerra, who had asked the appeals court to stay Ottolia's ruling, also praised the decision.
"This ruling provides some relief to California patients, their families, and doctors who have been living in uncertainty while facing difficult health decisions," Becerra said. "Today's court ruling is an important step to protect and defend the End of Life Option Act for our families across the state."
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NY high court nixes Trump's bid to delay defamation suit
Topics in Legal News |
2018/06/17 12:05
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New York's highest court on Thursday turned down President Donald Trump's latest bid to delay a defamation suit filed by a former "Apprentice" contestant who accused him of unwanted groping and kissing.
The ruling by the state Court of Appeals didn't address either side's central arguments. But it means evidence-gathering in Summer Zervos' lawsuit can proceed, at least for now.
Zervos' lawyer, Mariann Wang, said she looks forward to continuing with the case "and exposing the truth."
Trump, who denies Zervos' allegations, is trying to get the case dismissed or postponed until after his presidency. A mid-level appellate court is due to consider that request in the fall.
Trump's lawyers at Kasowitz Benson Torres LLP noted that Thursday's ruling didn't speak to their argument for tossing out the case: That a sitting president can't be sued in a state court.
Instead, the Court of Appeals said the case was simply in too early a stage for its consideration.
Zervos, a California restaurateur, appeared in 2006 on the Republican president's former reality show, "The Apprentice."
She says he made unwanted advances when she sought career advice in 2007, then defamed her by calling her a liar after she came forward late in his 2016 presidential race. She is seeking a retraction, an apology and compensatory and punitive damages. |
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Gamers in court for first time after Kansas 'swatting' death
Attorney News |
2018/06/15 12:05
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Two online gamers whose alleged dispute over a $1.50 Call of Duty WWII video game bet ultimately led police to fatally shoot a Kansas man not involved in the argument will make their first appearances in court Wednesday in a case of "swatting" that has drawn national attention.
Casey Viner, 18, of North College Hill, Ohio, and Shane Gaskill, 19, of Wichita, are charged with conspiracy to obstruct justice, wire fraud and other counts.
Viner allegedly became upset at Gaskill while playing the popular online game. Authorities say he then asked 25-year-old Tyler Barriss of Los Angeles to "swat" Gaskill, a form of retaliation sometimes used by gamers, who call police and make a false report to send first responders to an online opponent's address.
Barriss is accused of calling Wichita police from Los Angeles on Dec. 28 to report a shooting and kidnapping at a Wichita address. Authorities say Gaskill had provided the address to Viner and later to Barriss in a direct electronic message. But the location Gaskill gave was his old address and a police officer responding to the call fatally shot the new resident Andrew Finch, 28, after he opened the door.
Viner's defense attorney, Jim Pratt, declined comment. The attorneys for Gaskill and Barriss did not immediately respond to an email.
Viner and Gaskill have not been arrested and both were instead issued a summons to appear at Wednesday's hearing where a judge will decide whether they can remain free on bond. Both men are also likely to enter pleas, although at this stage of the proceedings the only plea a federal magistrate can accept is not guilty.
Barriss and Viner face federal charges of conspiracy to make false reports. Barriss also is charged with making false reports and hoaxes, cyberstalking, making interstate threats, making interstate threats to harm by fire and wire fraud. He will not be in court Wednesday.
A first court appearance on the federal charges has not been set for Barriss because the Sedgwick County district attorney is going forward first with his case on the state charges, said Jim Cross, spokesman for the U.S. attorney's office in Kansas. |
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USCIS Redesigns Citizenship and Naturalization Certificates
Attorney News |
2018/06/14 12:03
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U.S. Citizenship and Immigration Services (USCIS) began issuing redesigned Certificates of Citizenship and Naturalization today, following a successful pilot in four USCIS field offices and one service center. The redesign of these eight certificates is one of the many ways USCIS is working to combat fraud and safeguard the legal immigration system.
We piloted the new certificate design at the Norfolk, Tampa, Minneapolis-St. Paul, and Sacramento Field Offices, as well as at the Nebraska Service Center.
The certificates of naturalization are:
- N-550, issued to an individual who obtains U.S. citizenship through the naturalization process;
- N-578, issued to a naturalized U.S. citizen to obtain recognition as a United States citizen by a foreign state; and
- N-570, issued when the original Certificate of Naturalization is lost, mutilated, or contains errors.
A Certificate of Citizenship is issued to an individual who obtains U.S. citizenship other than through birth in the United States or through naturalization. The various types of Certificates of Citizenship are:
- N-560A, issued to an applicant who derived citizenship after birth;
- N-560AB, issued to an applicant who acquired citizenship at birth;
- N-645 and N-645A, issued to the family of an individual who served honorably in the U.S. armed forces during a designated period of hostility and died as a result of injury or disease incurred in or aggravated by that service. Form N-645 is issued if the decedent was a male, and the N-645A if the decedent was a female.
- Form N-561, issued to replace a Certificate of Citizenship when the original certificate is lost, mutilated, or contains errors.
The redesigned certificates of citizenship and naturalization feature a large, central image against a complex patterned background, which helps deter the alteration of personal data. Each certificate possesses a unique image only visible under ultraviolet light and attempts to alter it will be evident. Posthumous Certificates of Naturalization and the Special Certificate of Citizenship each bear a different image, yet feature the same fraud-deterrent security features.
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USCIS Efforts Lead to Prison Sentence for Fremont Business Owner
Topics in Legal News |
2018/06/12 12:04
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SAN JOSE, Calif. – 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.
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