The Los Angeles County Bar Blog

New U.S. Supreme Court Rulings on Criminal Law

—The U.S. Supreme Court has issued rulings on criminal law concerning sentencing and evidence. SCOTUS blog, Sentencing Law and Policy.

—A four-year-old was killed in drive-by shooting yesterday near Downtown. LAist. 

—According to a recently released DOJ memo, former U.S. Attorney Bradley Schlozman expressed pleasure when Republicans, Federalist Society members and R.T.A.'s (Right-Thinking Americans), were brought into his division. WSJ. DOJ.

—It was torture, says Bush administration official Susan Crawford, according to Bob Woodward of the Washington Post.

Seek Justice, Protect the Oppressed

—New OLC Opinions. The Office of Legal Counsel has published a number of opinions in these waning days of the Bush administration. Via BLT.

—Shaun Martin at California Appellate Report is not pleased with Espinoza v. Calva (Cal. Ct. App. - Jan. 7, 2009), a landlord-tenant dispute case.

—The International Justice Mission is looking for lawyers to travel the world and "seek justice, protect the oppressed, defend the orphan, plead for the widow." Work with local law enforcers to advocate on behalf of bonded laborers, child prostitutes, the falsely accused. The New Yorker, via WSJ.

—According to Jonathan Turley "Police in Greenfield, California [arrested] Macelino de Jesus Martinez...after he arranged for a marriage of his daughter, 14...for beer and cash. When his son-in-law, Margarito de Jesus Galindo, 18, stopped paying, he went to police to try to get his daughter back....The dowry: $16,000, 100 cases of Corona, 50 cases of Modelo beer, several cases of meat, two cases of wine, 50 cases of Gatorade, 50 cases of soft drinks."

—Richard Batista has asked for the return of the kidney he gave his wife, now that she is divorcing him. Reason Hit and Run. 

—LA Superior court approves $631 million verdict against Boeing. Rueters.

—The Blago scandal, in verse. 

—Did blogging bring business?  Drug and Device Law answers the question.

—MGA replaces attorneys. The maker of Bratz dolls has changed its legal team. Legal Pad LA.

—BART station shooting of Oscar Grant leads to $25 million suit. FindLaw, SF Gate.

Welcome 2009

What are some new laws for 2009? Patricia Holt of the Lawyer Referral and Information Service writes:
1. The use of text-messaging devices while driving is prohibited.
2. Fees to attend traffic school are more than doubled to $49.
3. School officials can expel students for electronic bullying.
4. A registration and bonding process is instituted for foreclosure consultants.
5. Medical insurers are required to pay for HIV screening.
6. Enforcement provided for "pet trusts."
7. Discipline of high school and college journalism advisors for the content in a student newspaper is prohibited.
8. Jailing of alleged victims of domestic violence for refusing to testify against their abusers is prohibited.
9. Taxpayers are allowed to exclude from income forgiven mortgage debt for state income tax purposes.
10. State Department of Veterans Affairs is required to assist returning veterans from combat in obtaining screenings for post-traumatic stress disorder and traumatic brain injury.

--Lawtechguru rounds up some lists of predictions for law and technology for 2009.

--And a man was arrested by Amtrak police for taking pictures for an Amtrak photo contest. Carlos Miller has the story.

Protecting Madoff Investors

It is bad enough that most of the people who invested with Madoff will lose a significant amount of their wealth. It is also possible, in fact, likely, that many of the investors who received distributions from Madoff or pulled their money out in time may have to return the money.

When the inevitable bankruptcy engulfs Bernard L. Madoff Investment Securities, the bankruptcy trustee will have the ability to require a return of previously paid distributions to share them with other victims of the Ponzi scheme.

The bankruptcy trustee's ability to seize distributions from what turned out to be a Ponzi scheme is based on the theory of a fraudulent conveyance, and may nab even those investors who were innocent victims of Madoff's scheme. This may impact even those investors who received distributions years ago.

The ability of the trustee to get at a person's assets will depend on a number of factors, including the state in which the investor lives, and whether the investor is married or single.

A lot of Madoff investors live in Florida, and their residences may be fully protected by Florida law. However, a lot of Madoff investors may be New York snowbirds who cannot claim Florida as their state of residence. For these investors and all others, the long reach of the bankruptcy trustee should be a call for immediate action.

Even in a high-profile case like this one, assets may be shielded with proper asset protection planning.

Newslines

—Care to comment? En Banc has made it easier. Please click on the link below.
—In honor of the holidays, Legal Blog Watch lists some good news.
—President Bush pardons Redondo man. Daily Breeze.
—Beauty Queen Miss Sinaloa arrested with guns, ammo, and cash. Guanabee has pictures.
—2004 murder suspect Manuel Benitez killed in shootout with police in El Monte. Daily News.
—Broads to bail out MOCA. LA Times, via LA Observed.
—What do Madonna, Alec Baldwin, Kevin Bacon, Michelle Pfeiffer, Tim Burton, and Tim Robbins have in common? Bainbridge knows.

Another Firm to Close Its Doors

—Gideon's Trumpet takes on author Jeffrey Toobin, whose book on the U.S. Supreme Court, The Nine, has a passage on Kelo v. City of New London, 545 U.S. 469 (2005).
—Thacher Proffitt to cease. WSJ blog. Sonnenschein, Nath & Rosenthal to hire 100 lawyers from Thacher Proffitt. Law.com.
—Murillo, Manuel Real, and Alaskan Bruce Weyhrauch: recent Ninth Circuit rulings on criminal law. Ninth Circuit Blog.
—Another Alaskan's case has a new development. BLT relates: "An FBI special agent who was part of the investigation and prosecution of Alaska Sen. Ted Stevens is accusing the prosecution of misconduct in a whistleblower complaint. "

Who Is Elizabeth Alexander?

Barack Obama has announced that poet Elizabeth Alexander will read at the inauguration. Perhaps her most well-known poem is "The Venus Hottentot (1825)." Newsmax and Obsidian Wings have comment. The New Yorker, on the other hand, has a review of poems that Obama wrote when he was a student.

Solis for Labor, Economic Outlook Still Grim

—Rep. Hilda Solis (D-El Monte) has been nominated for Secretary of Labor. She is a member of Congress representing the 32nd Congressional District. Redcounty.
—And in South El Monte...is mayor Blanca Figueroa spending too much time at the office? LA Times.
—Dollar to drop in 2009? MarketWatch.
—Senator Boxer released a report on the California economy. "Things are not good, but change is coming." Press Release.
—Did California's poet laureate appear naked onstage in Paris? Either way, moms are aflame with frustration with LAUSD and UTLA. Witness LA Ramon "Ray" Cortines, by the way, has been selected to run the district. Daily News.
—Rick Warren of Saddleback Church has been selected for the inaugural, displeasing many on the left and the right. CNN, Levellers.
—Eleven members of the 9th U.S. Circuit Court of Appeals met this week to review the work of fellow Judge Richard Tallman in a bizarre murder-for-hire trial. The discussion is lively. Law.com.
—RIP, Majel Barrett-Roddenberry. In the Star Trek universe, she played Number One, Nurse Christine Chapel, Lwaxana Troi, and the voice of the Enterprise computer. Wikipedia.

Pellicano Sentenced

—Fifteen years for Pellicano. LA Times.
—Australian court provides notice of default judgment via Facebook. Volokh, Yahoo.
—Actor Peter Falk has Alzheimer's, needs conservatorship, says his daughter in a court filing. Yahoo.
—Latham freezes associate pay. Legal Times.
—Bernard Madoff Scandal: the LA connection. KTLA.
—"Attorney General Brown joins agreement forcing Airborne to stop marketing its products as a cure for the common cold." Press Release
—Xavier Becerra withdraws from consideration for Commerce Department secretary. La Opinion (Spanish)

Anita Busch Statement

Anyone involved in litigation should read former LA Times reporter Anita Busch's powerful statement at Anthony Pellicano's sentencing at Patterico.  For reasons which are obvious in the statement, the coverage of the LA Times regarding the sentencing was--to put it mildly--incomplete. Busch's statement, though, goes far beyond exposing conflict of interest.  It also reminds us how important the judicial system is in our day-to-day lives and how fragile that system is.