ER Legal Blog

Contractors Acquitted In 2007 Deutsche Bank Fire

The John Galt Corporation was in charge of overseeing the demolition of the Deutsche Bank Building when a fire broke out in August of 2007, killing two firefighters. NYC authorities conducted a 16 month investigation into the cause of the fire before charging the owners of the John Galt Corporation with manslaughter. According to court documents, the Manhattan District Attorney's office alleged that several serious safety violations were present at the time of the blaze.

When the fire broke out, emergency crews responded, but they were unable to find a water source for more than an hour. As a result, firefighters Joseph Graffagnino and Robert Beddia died of smoke inhalation and loss of oxygen. Authorities believe that the fire and subsequent deaths could have been avoided if construction supervisors were more vigilant about following NYC safety procedures.

Two of the supervisors in charge of the demolition of the Deutsche Bank Building were acquitted of manslaughter charges, but they were found guilty of reckless endangerment. The father of one of the slain firefighters, Joseph Graffagino Sr., have filed several lawsuits against the city of New York, the John Galt Corporation and the New York Fire Department. A formal investigation showed that the only emergency escape route was sealed at the time of the blaze and that a standpipe used for transporting water was completely disassembled. The family of the deceased firefighters believe that the deaths of their loved ones could have been avoided if the John Galt Corporation acted responsibly and if the city acted quickly to identify the safety violations.

08.07.2011. 01:59

NYC Lawmakers Pass Law Requiring All Convicted Criminals To Submit DNA

Every state in the US maintains a criminal DNA database comprised of samples collected from felony suspects and convicts. On rare occasions, persons of interest and people who have been convicted of misdemeanor offenses will also be asked to voluntarily submit samples, however, a new New York state law will require anyone who is convicted of a crime to be entered into the database. Not only have several prominent Republicans supported the measure for years, a number of them cited cases of violent crime that might have been avoided with a universal criminal DNA database.

Other states keep several DNA databases despite legal concerns. DNA collected from crime scenes are usually kept on file for a least a decade in cold storage before being destroyed, however, suspects believe that keeping their DNA when they have been cleared of all charges is a violation of their civil rights. There are also DNA databases that are used to link the relatives of criminals to the true offenders.

Lawmakers are concerned with the amount of money that it will take to update the New York state criminal DNA database, however, police believe that they will be able to solve a substantial number of crimes. In addition, police in New York will also have to keep videotaped recordings of all of their interrogations under the rules set forth in the new bill. Not all New York residents convicted of felonies will need to submit DNA sample, however, police will be able to make decisions based on their past criminal records.

17.06.2011. 10:44

US ATF Agents Under Scrutiny For Failing To Apprehend Gun Smugglers

"Operation Fast and Furious” was a covert program run by the US Bureau of Alcohol, Tobacco and Firearms that should have netted thousands of arrests. Instead, Rep. Darrell Issa learned that leaders at the agency were letting criminals run a massive US-Mexico gun smuggling operation in an effort to find out who the suppliers were. Due to the fact that there has been a massive outbreak of violence in North Mexico politicians have been under increased pressure to keep illegal weapons out of the country.

According to officials, Mexican gangs have been purchasing semi-automatic weapons in the United States and then sending them to Mexican in order to commit crimes. The number of deaths attributed to weapons purchased in the United States and smuggled into Mexico is unknown, however, one US border patrol agent has been killed. Rep. Darrell Issa has called for an investigation into “Operation Fast and Furious” in order to determine the number of deaths in the US and Mexico that can be attributed to gun smuggling.

The Mexican government is also reportedly upset about the actions of supervisors at the US Bureau of Alcohol, Tobacco and Firearms. Although ATF agents frequently protested the program, it continued for more than three years. Not only did the ATF monitor illegal guns sales without interfering, it also watched smugglers walk across the border into Mexico without alerting officials. So far, the Mexican government has not started any legal actions against the US or the ATF, but things could possibly change in the future.

15.06.2011. 14:32

Former US Presidential Candidate John Edwards Charged With Conspiracy

Although former senator John Edwards was forced to drop out of the 2008 presidential election because of his deceased wife's terminal illness, the feds opted to continue their investigation of his campaign methods. After it was found that Edwards had been giving campaign money to his mistress Rielle Hunter, prosecutors charged him with conspiracy and issuing false statements. It is clear that Edwards have violated numerous campaign laws, but Edwards does not want to accept a plea deal as it would force him to admit guilt.

As a licensed, practicing attorney, Edwards would be disbarred if he was convicted of a felony offense. Just the fact that he has been indicted might be enough for the North Carolina Bar Association to request an inquiry. Edwards' highly publicized affair and his subsequent actions after his wife passed away has put his professional and personal life under scrutiny.

Greg Craig, Edwards' attorney, will argue that money given to Edwards as a gift should not be considered a campaign contribution. Edwards provided his former mistress with financial support after she became pregnant. It is likely that Edwards diverted money that was gifted to him to Hunter's bank account because he did not want his wife to find out about the affair. The government contends that Edward gave Hunter a substantial amount of money – more than $1 million, and it was given to Edwards specifically to aid his bid for the presidency. No court date has been set, however, Edwards has formally been charged with several felonies.

03.06.2011. 11:10

US Lawmakers File Suit Against Three Biggest Online Gambling Websites

When the Unlawful Internet Gambling Enforcement Act was passed in 2006, US lawmakers believed that all online gambling websites would comply. The law prevents US residents from gambling online, transferring money to companies that facilitate online gambling and collecting winnings. Several large gambling websites have been sued by the US in the past, and some operators have even faced jail time. However, this latest move by the federal government may cause three of the world's most popular online gambling websites to be shut down.

Although Internet gambling laws vary from country to country, the US market means big money for the operators of gambling websites. Federal prosecutors believe that they have enough evidence to prove that the owners of Full Tilt Poker, PokerStars and Absolute Poker engaged in fraud. After a thorough investigation, it was found that these Internet gambling websites were changing the details of transactions with US customers to make it appear that they were purchasing goods and services instead of wagering bets. After several major financial institutions ended their relationships with the gambling websites in question, federal prosecutors allege that they targeted smaller and more vulnerable banks.

All told, the US government is seeking more than $3 billion in fines, penalties and civil damages. Although all three companies are based outside of the US, many of the employees involved in their operations are actually US citizens. Authorities may need to extradite the defendants in order to formally charge them, however, it is not known how likely it is whether or not they will face jail time.

27.04.2011. 08:53