Monday, July 9, 2018

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.

Wisconsin court to rule on conservative professor's firing

The Wisconsin Supreme Court is set to rule on whether Marquette University was correct to fire a conservative professor who wrote a blog post criticizing a student instructor he believed shut down discussion against gay marriage. John McAdams sued the private Catholic school in 2016, arguing that he lost his job for exercising freedom of speech. Marquette says McAdams wasn't fired for the content of his 2014 post, but because he named the instructor and linked to her personal website that had personal identifying information. The instructor later received a flood of hateful messages and threats. The court heard arguments in April. The ruling expected Friday has been eagerly awaited by conservatives who see universities as liberal havens and by private businesses that want control over employee discipline.

For new Supreme Court justice, a host of big issues awaits

Justice Anthony Kennedy's successor will have a chance over a likely decades-long career to tackle a host of big issues in the law and have a role in shaping the answers to them. Most court-watchers and interest groups are focused on abortion and whether a more conservative justice may mean more restrictions on abortions get upheld or even whether the 1973 Roe v. Wade abortion decision affirming a woman's right to abortion might someday be overturned. But Kennedy's replacement will quickly confront a host of issues, some prominent and others not. Whomever President Donald Trump chooses, the person is expected to move the court to the right. Conservative groups, seeing a court friendlier to their views, might look at the new court and think it's time to bring challenges to liberal laws currently on the books. And conservative state lawmakers may also attempt to pass legislation testing boundaries they wouldn't have while Kennedy was on the court. The Supreme Court in the term that ended Wednesday had two cases before it dealing with whether electoral maps can give an unfair advantage to a political party. The justices ducked that question, sending cases from Wisconsin and Maryland back to lower courts for further review. Kennedy had been the justice who left the door open to court challenges to extreme partisan redistricting, but he never found a way to measure it that satisfied him. A case involving North Carolina's heavily Republican congressional districting map now in a lower court could provide an opportunity for the justices to revisit the issue as soon as next term. Another unresolved issue recently before the court is whether a business can cite religious objections in order to refuse service to gay and lesbian people. The court could have tackled that issue in a case argued this term about a Colorado baker who wouldn't make a wedding cake for a same-sex couple. Instead, the justices found that a member of the Colorado commission that looked at the case displayed an anti-religious bias against the baker but left for another day the broader question. The justices could have added another case on the issue to the list of cases they'll begin hearing arguments in this fall, a case that involved a flower shop owner who cited her religious beliefs in declining to provide flowers for a same-sex wedding. For now they've sent that case back to a lower court. That same case or another one like it could quickly be in front of the court again.

Supreme Court upholds Trump administration travel ban

The Supreme Court on Tuesday upheld President Donald Trump’s ban on travel from several mostly Muslim countries, rejecting a challenge that it discriminated against Muslims or exceeded his authority. The 5-4 decision Tuesday is the court’s first substantive ruling on a Trump administration policy. Chief Justice John Roberts wrote the majority opinion, joined by his four conservative colleagues. Roberts wrote that presidents have substantial power to regulate immigration. He also rejected the challengers’ claim of anti-Muslim bias. But he was careful not to endorse either Trump’s provocative statements about immigration in general and Muslims in particular. “We express no view on the soundness of the policy,” Roberts wrote. The travel ban has been fully in place since the court declined to block it in December. The justices allowed the policy to take full effect even as the court fight continued and lower courts had ruled it out of bounds. Justice Sonia Sotomayor wrote in a dissent that based on the evidence in the case “a reasonable observer would conclude that the Proclamation was motivated by anti-Muslim animus.” She said her colleagues arrived at the opposite result by “ignoring the facts, misconstruing our legal precedent, and turning a blind eye to the pain and suffering the Proclamation inflicts upon countless families and individuals, many of whom are United States citizens.” Justices Stephen Breyer, Ruth Bader Ginsburg and Elena Kagan also dissented. The policy applies to travelers from five countries with overwhelmingly Muslim populations — Iran, Libya, Somalia, Syria and Yemen. It also affects two non-Muslim countries: blocking travelers from North Korea and some Venezuelan government officials and their families. A sixth majority Muslim country, Chad, was removed from the list in April after improving “its identity-management and information sharing practices,” Trump said in a proclamation. The administration had pointed to the Chad decision to show that the restrictions are premised only on national security concerns. The challengers, though, argued that the court could just ignore all that has happened, beginning with Trump’s campaign tweets to prevent the entry of Muslims into the United States. Just a week after he took office in January 2017, Trump announced his first travel ban aimed at seven countries. That triggered chaos and protests across the U.S. as travelers were stopped from boarding international flights and detained at airports for hours.

Wednesday, June 20, 2018

Court makes no ruling in resolving partisan redistricting cases

The Supreme Court will consider whether the purchasers of iPhone apps can sue Apple over allegations it has an illegal monopoly on the sale of the apps. The court said Monday that it will take a case from the U.S. Circuit Court of Appeals for the 9th Circuit, which ruled in January that the purchasers of iPhone apps could sue Apple. Their lawsuit says that when a customer buys an app the price includes a 30 percent markup that goes to Apple. Apple had argued that it did not sell apps, but instead acted as an intermediary used by the app developers. Apple won initially in a lower court which dismissed the lawsuit. In Wisconsin, the Democrats prevailed after a trial in which the court ruled that partisan redistricting could go too far and indeed, did in Wisconsin, where Republicans hold a huge edge in the legislature even though the state otherwise is closely divided between Democrats and Republicans. The Supreme Court said that the plaintiffs in Wisconsin had failed to prove that they have the right to sue on a statewide basis, rather than challenge individual districts. The Democrats will have a chance to prove their case district by district. Waiting in the wings is a case from North Carolina that seemingly addresses some of the high court's concerns. The lawsuit filed by North Carolina Democrats has plaintiffs in each of the state's 13 congressional districts. Like Wisconsin, North Carolina is generally closely divided in politics, but Republicans hold a 10-3 edge in congressional seats. The majority opinion written by Chief Justice John Roberts in the Wisconsin case cast doubt on the broadest theory about the redistricting issue known as partisan gerrymandering. Roberts wrote that the Supreme Court's role "is to vindicate the individual rights of the people appearing before it," not generalized partisan preferences.

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.

USCIS Redesigns Citizenship and Naturalization Certificates

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.