Spanish court convicts 53 in corruption trial
Legal Topics | 2013/10/04 20:42
A Spanish court convicted 53 people Friday in the country's biggest-ever corruption trial, which lasted two years and centered on widespread real estate fraud and bribery in the southern jet-set resort town of Marbella.

The defendants in the trial, which ended last year, included former town hall officials, lawyers and business representatives. The judge took several months to decide on the sentences — 40 other people were acquitted and two accused died while the case was being prepared.

Under a highly complex scheme in the mid-1990s, city funds were widely misappropriated, and public officials and business representatives divvied up under-the table kickbacks for planning permissions and construction of hotels, residential complexes and urban infrastructure. Much of the money was then laundered with the help of lawyers.

Marbella, located on Spain's southern coast, was a magnet for jet set and society figures from across the world during the 1970s and 1980s.

The man who prosecutors said was the mastermind of the fraud, former Marbella urban planning adviser Juan Antonio Roca, got the biggest sentence — 11 years — for money laundering, bribery and fraud. He also was fined 240 million euros ($326 million).

Roca has been in jail since 2006 when he was first arrested as the case broke. Back then, he was considered one of the richest people in Spain with his assets including ranches, fighting bulls, thoroughbred horses, art, expensive cars and boats.

The scheme began when late Atletico Madrid soccer club owner Jesus Gil y Gil was mayor of Marbella between 1991 and 2002. Roca began working for Marbella town hall under Gil and claimed during the trial that he was just following the mayor's orders.


Federal court reverses man's murder conviction
Legal Topics | 2013/09/30 22:20
A federal court has reversed a Southern California man's conviction in the bludgeoning death of his wife.

The Orange County Register reports that a three-judge panel for the 9th U.S. Circuit Court of Appeals ruled this week that 75-year-old Marvin Vernis Smith didn't receive a fair trial.

A jury found Smith guilty of murdering his wife 66-year-old Minnie Smith in 2007. She was found dead in their Cypress home, bludgeoned to death in the head and face with a metal fireplace log roller on Dec. 15, 2005.

The court ruled that a jury instruction violated Smith's right to receive proper notice of charges against him and prepare a defense.

The district attorney's office will request that the state attorney general ask the U.S. Supreme Court to review the decision.


Appeals court panel considers TABOR challenge
Areas of Focus | 2013/09/25 18:51
Colorado is asking the federal courts to stay out of a dispute about whether its strict tax and spending limits has robbed the state of a republican form of government.

In arguments Monday, state Solicitor General Daniel Domenico told a three-judge panel of the 10th U.S. Circuit Court of Appeals that lawmakers still have the ability to ask voters to approve a tax increase if they think one is needed under the Taxpayer's Bill of Rights.

"Just because it's a little bit harder doesn't make it unrepublican," he said of the referendum needed to raise taxes under TABOR.

Domenico said that if lawmakers tried and failed to win a tax increase, they might have a case. But he also argued that courts haven't gotten involved in enforcing the provision in the U.S. Constitution guaranteeing a republic — or representative democracy — to the states, leaving that to Congress instead.


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Attorney News | 2013/09/23 18:36
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Our Real Estate Practice Group Chair, John M. Mavroudis, has developed over $1 billion dollars worth of commercial and residential real estate as founder, owner and Chief Executive Officer of Rio Vista, a prominent real estate development, construction and realty services company. Our lawyers have many years of skill and knowledge in a wide range of matters including regional and local office, retail, industrial and residential developments, home building, real estate brokerage, and other types of residential, industrial and commercial ventures.

Many representative cases have been the subject of reported decisions. M&G law firm offers personalized real estate representation from the most basic transaction such as buying or selling a home to the most complex; restructuring a multimillion dollar development. We can be the real estate attorneys for you, don't hesitate to contact our talented team today!


Wenatchee lawyer picked for federal judgeship
Headline Legal News | 2013/09/23 18:35
The White House has nominated Wenatchee lawyer Stanley Bastian to become Eastern Washington's newest federal judge.

If approved by the Senate, he would replace Judge Edward Shea on the bench in Richland.

Bastian is a 1983 University of Washington Law School graduate who has served as an assistant city attorney in Seattle and as a state Appeals Court law clerk. He joined a Wenatchee firm in 1988.

The Spokesman-Review reports in the 1990s Bastian was hired by Douglas County to defend sheriff's investigators and prosecutors who were sued for their roles in the discredited Wenatchee sex ring case.

The Tri-City Herald reports Shea was the first federal judge to be based full-time in the Tri-Cities and went on senior status in June 2012, with a reduced workload.


NM court to hear case over educator pension cuts
Legal Topics | 2013/09/09 19:15
New Mexico's highest court is mulling whether the state can cut cost-of-living increases for retired educators to help shore up the pension system's long-term finances.

The state Supreme Court is to hear from lawyers on Wednesday in a case brought by four retirees, who say the state Constitution protects their pensions from reductions like those required under a law enacted earlier this year.

The retirees contend the law gives them a "vested property right" in their retirement benefits and they are legally entitled to the cost-of-living adjustments previously promised, which would have been 2 percent this year without the change in law.

The attorney general's office and the Educational Retirement Board, in written arguments to the court, said the Constitution includes a provision that allows pensions to be modified to preserve the solvency of a retirement plan.

However, the retirees said in their lawsuit that provision only applies to retirement benefits before an employee works long enough to become vested in a pension system.

The Democratic-controlled Legislature and Republican Gov. Susana Martinez agreed on a package of pension changes this year to improve the solvency of the educational retirement program, which has a $6 billion gap between its assets and the benefits expected to be paid out in the future.


Custody dispute goes to Okla. Supreme Court
Legal Topics | 2013/09/04 03:29
An Oklahoma man who is seeking custody of his Cherokee daughter has appealed a lower court decision to the Oklahoma Supreme Court.

Dusten Brown filed a writ of prohibition Friday in Oklahoma Supreme Court. The filing is appealing a decision from Nowata County District Court.

Brown for years has been fighting Matt and Melanie Capobianco of South Carolina over the custody of 3-year-old Veronica.

Veronica's birth mother put her up for adoption. Brown is Veronica's birth father and a member of the Cherokee Nation. He fought the Capobiancos' adoption of Veronica under the Indian Child Welfare Act.

Brown and the Capobiancos were in a Nowata County court Friday, but a gag order meant neither side would comment.


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