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Executive gets 15 months in prison in doomed nuclear project
Law Firm News |
2023/03/06 20:51
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A former executive utility who gave rosy projections on the progress of two nuclear power plants in South Carolina while they were hopelessly behind will spend 15 months in prison for the doomed project that cost ratepayers billions of dollars.
Ex-SCANA Corp. Executive Vice President Stephen Byrne apologized in court Wednesday, saying he thinks about how he let down customers, shareholders, employees, taxpayers and his family almost every day.
The two nuclear plants, which never generated a watt of power despite $9 billion of investment, were supposed to be “the crowning achievement of my life,” Byrne said. “But I failed.”
Byrne is the second SCANA executive to head to prison for the nuclear debacle. Former CEO Kevin Marsh was sentenced to two years in prison in October 2021 and released earlier in March after serving about 17 months.
Two executives at Westinghouse, which was contracted to build the reactors, are also charged. Carl Churchman, who was the company’s top official at the Fairfield County construction site at V.C. Summer, pleaded guilty to perjury and is awaiting sentencing. Former Westinghouse senior vice president Jeff Benjamin faces 16 charges. His trial is scheduled for October.
Both defense lawyers and prosecutors agreed to delay Byrne’s prison sentence until he testifies at Benjamin’s trial to make sure he is honest and helpful.
But that isn’t in doubt. Prosecutors said Byrne was the first executive to come to investigators after the project was abandoned in July 2017. His careful notes taken in every meeting of who spoke and what was said saved the government years of work unraveling the lies, prosecutor Winston Holliday said.
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Supreme Court won’t upset Arkansas anti-Israel boycott law
Law Firm News |
2023/02/21 19:46
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The Supreme Court on Tuesday refused to step into a legal fight over state laws that require contractors to pledge not to boycott Israel.
The justices rejected an appeal on behalf of an alternative weekly newspaper in Little Rock, Arkansas, that objected to a state law that reduces fees paid to contractors that refuse to sign the pledge.
The full federal appeals court in St. Louis upheld the law, overturning a three-judge panel’s finding that it violated constitutional free speech rights.
Similar measures in Arizona, Kansas and Texas were initially blocked by courts, prompting lawmakers to focus only on larger contracts. Arkansas’ law applies to contracts worth $1,000 or more.
Republican legislators in Arkansas who drafted the 2017 law have said it wasn’t prompted by a specific incident in the state. It followed similar restrictions enacted by other states in response to a movement promoting boycotts, divestment and sanctions of Israeli institutions and businesses over the country’s treatment of Palestinians. Israeli officials said the campaign masked a deeper goal of delegitimizing and even destroying their country.
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State seeks long prison term for accused NYC subway gunman
Law Firm News |
2023/01/03 12:31
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Prosecutors plan to seek a decades-long prison sentence for a man who is expected to plead guilty this week to opening fire in a subway car and wounding 10 riders in an attack that shocked New York City.
Frank James, 63, is scheduled to enter a guilty plea on Tuesday in Brooklyn federal court, admitting that he was responsible for the April 12 attack. It set off a massive 30-hour manhunt that ended when he called the police on himself.
Prosecutors told Judge William F. Kuntz II in a letter late last week that they plan to ask him to go beyond the roughly 32-year to 39-year sentence that federal sentencing guidelines would recommend. James planned the attack for years and endangered the lives of dozens of people, prosecutors said in the letter.
Defense attorneys did not immediately respond to a request for comment on Monday, when courts were closed to observe the New Year’s holiday.
James had been scheduled to stand trial in late February.
His lawyers informed the judge on Dec. 21 that James wanted to plead guilty. Prosecutors say he plans to plead guilty to 11 charges without a plea agreement.
Ten of those charges — each one corresponding to a specific victim — accuse him of committing a terrorist attack against a mass transportation system carrying passengers and employees.
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Fishermen hire Bush-era official in challenge to whale laws
Law Firm News |
2022/10/11 12:32
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Maine lobster fishermen have hired a former high-ranking U.S. Department of Justice official to represent them in their case against new laws intended to protect whales.
The Maine Lobstermen’s Association is appealing its case against the new rules to the U.S. Court of Appeals for the District of Columbia Circuit. The group said Tuesday it has hired Paul Clement, who served as U.S. solicitor general from 2004 to 2008, to represent it in the case.
The solicitor general supervises all Supreme Court litigation for the U.S., and Clement has argued dozens of cases in front of the high court. That’s where the lobstermen’s case could ultimately be headed, he said Tuesday.
The new fishing restrictions have pushed the industry to the brink of collapse, Clement said.
“You have administrative overreach. The implications are easy to understand,” he said. “It directly threatens really one of the most iconic American industries. Everyone who has ever enjoyed a lobster can appreciate this.”
The lobster fishermen sued the National Marine Fisheries Service, and in September a judge denied their request to stop the regulators from placing the new restrictions on fishing. The restrictions are designed to protect the North Atlantic right whale, which numbers less than 340 and is vulnerable to entanglement in fishing gear.
The fisheries service has declined to comment on the lawsuit. The Maine Lobstermen’s Association also said it planned to file court papers on Tuesday asking for its appeal to be expedited because of the jeopardy posed to the fishery by the new rules.
Environmental groups have long pushed for stronger protections for the right whales, which were devastated generations ago during the commercial whaling era. The groups have made their own case in court that the federal government should be doing more to protect the whales.
The American lobster fishery is based mostly in Maine, though lobsters also come to the docks elsewhere in New England and in New York and New Jersey. U.S. lobsters were worth a record figure of more than $900 million at the docks last year.
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Case against source for Trump dossier advances, barely
Law Firm News |
2022/09/27 12:13
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A judge is allowing prosecutors to move forward with their criminal case against an analyst who provided key details for a flawed dossier on ex-President Donald Trump, although the judge called his decision “an extremely close call.”
Lawyers for Igor Danchenko asked a judge Thursday in U.S. District Court in Alexandria to dismiss all five charges against him. He’s accused of lying to the FBI about how he obtained the information that ultimately made its way into the “Steele dossier,” a report that purported to detail connections between Trump and Russian intelligence and helped fuel a full-fledged FBI investigation called “Crossfire Hurricane” in the months leading up to the 2016 election.
The dossier famously suggested that Russians had compromising information on Trump regarding salacious sexual activity he allegedly engaged in at a Moscow hotel.
The indictment alleges Danchenko lied about the credibility of his sources when in reality his primary source was actually a Democratic operative named Charles Dolan with ties to Trump’s opponent in the 2016 election, Hillary Clinton.
The indictment says the FBI could have better judged the veracity of the Steele dossier had it known that a Democratic operative who volunteered for Clinton was the source of much of the dossier’s information.
Danchenko’s lawyers argued Thursday that all the charges should be dismissed because Danchenko’s answers to the FBI were technically true, if not necessarily illuminating.
Specifically, Danchenko denied that he “talked” to Dolan about the allegations in the dossier. In reality, Danchenko had discussed the accusations in an email with Dolan, but never spoke with him in an oral conversation. |
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