Thứ Ba, 2 tháng 4, 2013

Defense Dept. employee arrested on bribery charges

SAN DIEGO (AP) -- A Department of Defense employee who oversaw construction contracts at Camp Pendleton used his position to extort bribes from businesses seeking to work on the California Marine Corps base, federal prosecutors said Monday.

Natividad Lara Cervantes was arrested Thursday after authorities say he accepted $10,000 of a $40,000 bribe offered by a witness working with federal agents, said Daphne Hearn, the special agent in charge of the FBI's San Diego office.

Cervantes believed he was receiving the money in exchange for helping the witness secure a $4 million flooring contract, according to a federal complaint.

Prosecutors say Cervantes referred to himself as the "Godfather at Camp Pendleton," and, dating back to September 2008, he accepted thousands of dollars in cash payments and remodeling work on his condominium in exchange for helping contractors get business on the Marine Corps base north of San Diego.

Cervantes is a Department of Defense employee and a supervisor for construction and service contracts at Camp Pendleton.

Neither Cervantes nor his lawyer could be reached for comment.

According to the complaint, the witness working with the FBI met with Cervantes on March 26 and agreed to pay the $40,000 bribe. The first payment of $20,000 was to be paid Thursday, and the remainder was to be paid when the contract was awarded, prosecutors say. The meeting was monitored by federal agents.

Cervantes was arrested at a business in San Diego after the witness met him there to discuss the bribe payments and handed him an envelope containing $10,000, according to the complaint.


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Muslims worry about broader France headscarf ban

LE BOURGET, France (AP) — Because of her choice to wear a headscarf, Samia Kaddour, a Muslim, has all but abandoned trying to land a government job in France. Soon, some private sector jobs could be off limits, too.

French President Francois Hollande says he wants a new law that could extend restrictions on the wearing of prominent religious symbols in state jobs into the private sector. His new tack comes after a top French court ruled in March that a day care operator that gets some state funding unfairly fired a woman in a headscarf, sparking a political backlash.

As Christians celebrated Easter on Sunday, Kaddour attended the four-day Annual Meeting of Muslims of France in Le Bourget, north of Paris. The convention, which last year drew some 160,000 faithful and was expected to grow this year, is billed as the largest annual gathering of its kind in Europe. It is in its 30th year and ended Monday.

French law bars state employees from wearing prominent religious symbols such as Muslim headscarves, Jewish skullcaps or large Christian crosses in public schools, welfare offices or other government facilities. Two years ago, France banned Muslim veils that cover faces, such as the niqab, which has a slit for the eyes, or the mesh-screen burqa, from being worn anywhere in public.

Meeting leaders say France has made progress in accepting Muslims and noted that, unlike 30 years ago, women wearing headscarves today rarely draw suspicion, scowls or curiosity. Still, many Muslims — and even some Roman Catholics and Jews — fear France's insistence on secular values first enshrined in the French Revolution more than two centuries ago is unfairly crimping their ability to express their religious beliefs freely.

They also worry that Hollande's Socialist government, like a conservative one before it, wants to score political points.

Most mainstream politicians insist Islam is not being targeted. But a backlash erupted after the Court of Cassation ruled in March that Baby Loup, a private-sector day care operator that gets some state funding, unfairly fired a woman who wore a headscarf to work. The far-right railed at the decision, and even Interior Minister Manuel Valls expressed regret over it.

Wading into the debate in a prime-time TV interview on Thursday, Hollande suggested new limits are needed on Muslim headscarves, saying that "when there is contact with children, in what we call public service of early childhood ... there should be a certain similarity to what exists in (public) school."

"I think the law should get involved," he added.

Many Muslims fear an encroaching Islamophobia, while proponents of such measures insist they counter extremism and act as a rampart to protect France's identity against inequality. Polls show that most French people support at least some restrictions on religious symbols.

France, with an estimated 5 million-6 million Muslims whose families mostly have origins in former French colonies in north Africa, is at the forefront of addressing the challenges that many European countries are facing about how to integrate their sizeable ethnic and religious minorities on a continent where white Christians have dominated the political landscape for centuries.

Bristling against stereotypes in many corners of the West that Muslims are closet radicals or even terrorists, leaders of the convention in Le Bourget preached peace and justice. And after prayers and praise of Islam's Prophet Muhammad, convention leaders led a song in Arabic in a vast meeting hall with thousands in the audience — and some up on the dais waved French flags.

In another convention hall, vendors offered items such as headscarves, sweet pastries or T-shirts emblazoned with the saying 'Don't Panic, I'm Muslim,' while mothers pushing strollers and others wandered through the crowd. Nearby, men kneeled in rhythmic unison for afternoon prayers. Several other stalls took up political issues such as support for Palestinians or war-weary Syrians.

In an interview, Kaddour said many Muslims regret that their faith is in the political crosscurrents again in France.

"Islam has become a political instrument," said the 26-year-old, who is a community activist from the English Channel port city of Le Havre and one of 10 children of Algerian-born parents who moved to France for plentiful jobs during its economic boom times decades ago. "Islam is always brandished whenever there is internal political discord."

"I'm not discouraged enough yet to want to leave France — many others feel that way too: We are French and we have our place to claim and our future to establish in France," she said. "I'm not a foreigner. I'm French. I want to live in France, I love this country. Even if it has trouble liking us, we are going to do what's necessary to live serenely in France."

Kaddour says she plans to go back to school to get a higher degree, but has all but given up hopes for a state job. And in France, that matters: the European Union says more than half of France's gross domestic product comes from government spending — potentially curbing the work options for headscarf-wearing Muslims such as Kaddour if the ban is broadened.

"A state job, unfortunately..." she said, her voice trailing off. "When I go into job interviews, I wear my headscarf. No results." She admits that she doesn't always know why — it could just be her skill set isn't sufficient — but suspects her religion plays a role, too.

Kaddour says her future career seems increasingly limited to independent, private practice work. She currently works for a small community group devoted to improving understanding of Islam, called Le Havre de Savoir, or The Haven of Knowledge, playing on the city's name.

At a time of double-digit unemployment rates in France, such restrictions to job access hit headscarf-wearing women especially hard: Muslim men in France don't usually wear visible religious garb.

Ahmed Jaballah, the head of the Union of Islamic Organizations of France, a major Muslim group that helped organize the conference, said the "rather morose ambiance" over France's sluggish economic growth recently hasn't helped Muslims' aspirations, suggesting that a search for scapegoats is politically appealing. He said he's concerned about the government's plans.

"Unfortunately, Muslims have the impression today that secularism is being shaped based on Muslim practices, and that's worrisome," he said in an interview. "Everybody always talks about secularism, how it's not just about Muslims. But in fact, Muslims are targeted. Nobody is fooled."

"Muslims wonder: Can we trust secularism?" he said. "Remember the French slogan: 'Liberte, Egalite, Fraternite.' Today, we want this fraternity to be real."


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Thứ Hai, 1 tháng 4, 2013

RICO presents challenges in Atlanta cheating case

ATLANTA (AP) — The criminal prosecution of dozens of Atlanta Public Schools educators presents considerable challenges for both prosecutors and defense attorneys because of the use of a complex law initially designed to dismantle organized crime, legal experts say.

Thirty-five educators within the Atlanta school system, including former Superintendent Dr. Beverly Hall, were named in a 65-count indictment last week that alleges a broad conspiracy to cheat, conceal cheating or retaliate against whistleblowers in an effort to bolster student test scores and, as a result, receive bonuses for improved student performance. Prosecutors set a Tuesday deadline for all defendants to surrender to authorities.

Each defendant is charged with violating Georgia's Racketeer Influenced and Corrupt Organizations statute, also known as RICO. The law is modeled on the federal statute, which Congress enacted in 1970 to take down mobsters.

Criminal RICO cases can be extremely complex with multiple elements to prove beyond the basic crime. That includes establishing a criminal enterprise, in this case the Atlanta Public Schools system, and a pattern of criminal behavior.

"It gets very complicated when you try to describe all of this to a jury and to convince a jury that a person is guilty of all of this by a reasonable doubt," said Jeffrey E. Grell, a former assistant attorney general in Minnesota and expert on RICO cases. "Particularly in a RICO case, because you have people pointing fingers of blame all over, I'm sure it's going to be very complicated."

Grell, who teaches at the University of Minnesota Law School, said the inherent nature of the law — to prosecute "people who don't get their hands dirty" — also makes it a challenge to secure a conviction. Although the defendant doesn't have to engage in the crime directly, prosecutors must show the defendant was directly operating or managing the criminal enterprise, Grell said.

"The critical issue is going to be intent," Grell said. "All of these defendants, the prosecution will have to prove they knowingly and intentionally set out to defraud and engage in cheating. I'm sure some of these administrators and defendants will say they did not know what was going on."

Grell said RICO cases can be expensive, especially with multiple defendants and multiple allegations of criminal wrongdoing.

The defendants include high-level administrators, principals, assistant principals, teachers, testing coordinators, a school secretary and a school improvement specialist. Hall, the former superintendent, has long denied any knowledge of the cheating.

A 2011 state investigation revealed widespread cheating by nearly 180 educators in Atlanta schools dating back to 2001. Investigators said educators gave answers to students or changed answers on tests after they were turned in, and teachers who tried to report it faced retaliation, creating a culture of "fear and intimidation."

The tests were the key measure the state used to determine whether it met the federal No Child Left Behind law. Schools with good test scores get extra federal dollars to spend in the classroom or on teacher bonuses.

On Friday, in announcing the indictment, Fulton County District Attorney Paul Howard used the story of an Atlanta third-grader to underscore the importance of the case, with teachers and administrators more focused on test scores than student improvement. He said the girl received the worst score in her reading class in 2006 and yet, when she took an assessment test, she passed with flying colors. The girl is now in ninth grade, reading at a fifth-grade level.

The high emotions surrounding the case and the extensive media publicity will also pose challenges for prosecutors and defense attorneys.

It's likely that one or more defendants will seek to have the case moved out of Atlanta or to have jurors brought in from another part of the state, which is allowed under Georgia law, said Ron Carlson, professor of law emeritus at the University of Georgia. Some of the defendants may also ask to have their trials be separate from the others in the hopes of strengthening their case, Carlson said.

And the stakes will increase the pressure on everyone involved in the case.

"I consider this one of the most important, one of the seminal developments in the history of American education law. It's the largest school teaching scandal yet recorded in the country," Carlson said. "A high-profile case like this one puts public attention and public pressure on the various moves made by prosecutors and defense attorneys."

Morgan Cloud, a professor at Emory University School of Law, said prosecutors will also have to work to explain the RICO law to jurors.

"When we think of racketeers we think of the Gambino family in New York ... people who engage in murder and drug dealing and prostitution," Cloud said.

___

Follow Christina Almeida Cassidy on Twitter: http://twitter.com/AP_Christina.


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Survey shows UK financial sector employment rebounds

LONDON (Reuters) - Britain's financial services sector took on new staff in the first quarter with more gains expected, a business survey said, signalling that a prolonged period of job losses may be ending.

The survey from the CBI employer's lobby and consultancy PwC said sentiment in banking improved for a second straight quarter and employment grew by 2,000 in the three months to March.

The same number of new jobs is expected in this quarter.

"The banks' return to confidence continues, although the improvement is less marked than in the previous quarter," said Steve Davies, a partner at PwC.

"Business is expected to improve across retail, commercial and financial segments and headcount has begun to grow again," Davies added.

Banks had been laying off thousands of staff as they try to boost profitability hit by tougher bank capital requirements, fines for misconduct and lower trading volumes.

Despite signs that headcount is edging higher, banks are hesitating over investment because of uncertainty over returns, the survey said.

"Regulation and compliance are still likely to be significant drags on business throughout this year," said Matthew Fell, CBI director for competitive markets.

(Reporting by Huw Jones; Editing by Elaine Hardcastle)


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James Holmes' Victims Applaud Death Penalty Plan: 'I Want Him Dead'

Friends of Aurora shooting victims applauded prosecutors' decision today to seek the death penalty for James Holmes, with one friend saying he wanted to be in the room if Holmes is executed.

"I don't know if it's painful. I want him dead. I just want to be there in the room when he dies," Bryan Beard said outside the Colorado courthouse. "He took one of my friends from this Earth. Death equals death."

Beard's close friend Alex Sullivan was one of the 12 people killed in the shooting on July 20 last year. It was Sullivan's 27th birthday.

Prosecutors from the Arapahoe County District Attorney's Office said at a hearing today in Aurora, Colo., that they will seek execution for Holmes if he is convicted.

FULL COVERAGE: Aurora Shooting

"For James Eagan Holmes, justice is death," District Attorney George Brauchler said in court.

A couple of victims' relatives cried. Holmes' parents were also in court. He looked at them when he came in. After the announcement, Holmes' father nodded his head and put his arm around his wife.

Brauchler said his office has reached out to 800 victims and that he had personally spoken with relatives of 60 victims who died and were injured. Brauchler said he didn't speak to anyone about the decision.

"They are trying to execute our client and we will do what we need to do to save his life," public defender Tammy Brady said in a voice shaking with anger. "We are asking the court not to rush this."

Holmes was swiveling back and forth in his chair during the discussion of the trial date.

Judge Carlos Samour, the case's new judge, set the trial date for Feb. 3, 2014, but the date could change if the defense finds it is not ready early next year.

"I want to be aggressive in moving this case along, and at the same time I want to make sure it's done right," Samour said.

The decision follows several days of wrangling between the defense and prosecution over Holmes' offer to plead guilty in a bid to avoid the death penalty.

Despite the announcement, experts predict a long road ahead for Holmes, 25, and the case.

"When the government tries to kill one of its citizens, you do everything you can to keep it from happening so I expect the road to trial will be a long process," former head of the Colorado public defender's office David Kaplan told ABC News today.

"Hopefully the prosecution will keep an open mind to bring closure that will be of benefit to everyone," he said.

Holmes' defense attorneys said on Wednesday that he was willing to plead guilty and spend the rest of his life in prison in order to avoid death row. But prosecutors rejected the offer and criticized the defense for what prosecutors called a "calculated" move for attention.

"The circumstances surrounding the filing of the Notice indicate that it was filed for the intended purpose of generating the predictable pretrial publicity," prosecutors wrote in their response to the defense's filing.

Holmes is accused of killing 12 people and wounding at least 58 when gunfire erupted in an Aurora theater last July during a midnight screening of "The Dark Knight Rises."

Holmes' physical appearance has evolved over his time in prison, visible only in rare court appearances. He has gone from wild, Joker-like orange and red hair in his first appearance to his most recent look of brown hair and a shaggy beard. He has sometimes looked bug-eyed and confused and other times so despondent and drowsy that people questioned whether he had been drugged.

Family members are divided on whether Holmes should get death, according to investigative sources. Some are philosophically opposed to the death penalty, others support it and still another group wants death for Holmes, but they don't want to endure a trial.

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Dutch hold 4, search for alleged sarin nerve agent

THE HAGUE, Netherlands (AP) — Dutch police spent three days digging up a field after receiving a tip that sarin may have been buried there, but they found no trace of the deadly nerve agent, a prosecutor's office spokeswoman said Monday.

Two men and two women have been arrested in the case in the southern city of Maastricht on suspicion of owning and concealing a deadly gas, spokeswoman Cindy Reijnders said in a telephone interview.

She said police started monitoring a man's movements last week after a tip and arrested him Friday as he was about to start digging in a field just outside Maastricht, a city close to the Dutch border with Belgium.

Reijnders said police have no indication that any sarin was about to be used in a terror attack.

"There are no legal activities you can use sarin for," she said. "But at this moment we have no information or clues that it was going to be used for terrorism."

Reijnders said police believe the four suspects may have been trying to sell the nerve agent for their own financial gain, although it remained unclear if they already had a buyer lined up.

Sarin, first created by German scientists just before World War II, is a powerful nerve agent that was used in an attack by the Japanese doomsday cult Aum Shinrikyo on the Tokyo subway system in 1995 that killed 13 people and sickened around 6,000.

One suspect was arrested Friday as he was about to start digging in a field near Maastricht. Police dug up 400 square meters (4,300 sq. feet) in the area to a depth of a meter (yard) without finding anything.

Three of the suspects, whose ages range from 21 to 52 years, are Dutch citizens and one has Dutch-Turkish joint citizenship. Their names were not released.

They are due to appear before an investigating judge Tuesday at a private sitting where prosecutors will ask for their continued detention while investigations continue, Reijnders said.

According to the Organization for the Prohibition of Chemical Weapons, sarin is a highly toxic and fast-acting organo-phosphorous compound that can be absorbed through the skin or by breathing it in.

Exposure to a high dose of sarin can cause convulsions and loss of consciousness. Death can be caused by suffocation because of muscular paralysis and the effects the sarin has on the respiratory center of the nervous system.


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Colorado prosecutors seek death penalty for accused cinema gunman

By Keith Coffman

DENVER (Reuters) - Accused theater gunman James Holmes returns to a Colorado court on Monday, where prosecutors will reveal if they intend to seek the death penalty against the former graduate student for the "Dark Knight" shooting rampage that killed 12 moviegoers.

It is widely expected that Arapahoe County District Attorney George Brauchler will attempt to win a death sentence against the 25-year-old California native.

Brauchler already has announced he has a death penalty lawyer on the prosecution team and he rejected a defense offer to let Holmes plead guilty and serve a life sentence if capital punishment is taken off the table.

Holmes is accused of opening fire inside a suburban Denver theater during a screening of the Batman movie "The Dark Knight Rises" last July, in one of the deadliest outbursts of gun violence in the United States in recent years.

Holmes is charged with multiple counts of murder and attempted murder for the shooting massacre that also wounded 58 moviegoers. Another dozen people suffered non-gunshot injuries as they fled the Aurora, Colorado, cinema.

Arapahoe County District Judge William Sylvester entered a not guilty plea for Holmes last month, but said he would consider allowing that to be changed to not guilty by reason of insanity.

Last week, public defenders said in a court filing that Holmes was willing to plead guilty and serve a life sentence without the possibility of parole if prosecutors would not try to execute their client.

While Holmes' attorneys said they are prepared to mount an insanity defense, they wrote in the filing that "Mr. Holmes is currently willing to resolve the case to bring the proceedings to a speedy and definite conclusion for all involved."

Brauchler fired back in a written response, calling the move by the defense improper at this stage of the case and "that it was filed for the intended purpose of generating the predictable pretrial publicity."

"The only conclusion that an objective reader would reach ... is that the defendant knows that he is guilty, the defense attorneys know he is guilty and that both of them know that he was not criminally insane," Brauchler wrote.

In court pleadings, public defenders Daniel King and Tamara Brady have said Holmes has been hospitalized twice since his arrest, once for "potential self-inflicted injuries."

At one point, jailers determined Holmes was a danger to himself and in "immediate need of a psychiatric evaluation." He was transported by ambulance to a Denver psychiatric ward "where he was held for several days, frequently in restraints," his lawyers wrote.

Also at issue at Monday's hearing is whether a Fox News reporter will be compelled to testify about confidential sources she used in a story that said a notebook Holmes sent to a psychiatrist detailed his plans to commit mass murder.

Sylvester agreed to hear arguments from lawyers for New York-based reporter Jana Winter, whose story violated a gag order he had imposed in the case.

(Reporting by Keith Coffman; Editing by Alex Dobuzinskis and Eric Beech)


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