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Priest with gambling habit facing prison in Vegas
Court Watch | 2012/01/13 10:13
A lawyer planned to ask a federal judge on Friday to reject a call for almost three years of prison time and instead give probation to a Roman Catholic priest who pleaded guilty to siphoning $650,000 over eight years from his northwest Las Vegas parish gift shop, votive candle collection and prayer funds to support his gambling habit.

In documents filed in advance of sentencing, Monsignor Kevin McAuliffe's attorney asks U.S. District Court Judge James Mahan to let McAuliffe, 59, continue getting counseling for a gambling addiction, keep practicing as a priest and pay restitution to his parish, St. Elizabeth Ann Seton Church in Summerlin.

As an ordained priest, McAuliffe will "continue to atone for his wrongdoing as he carries on with his life-long obligations and service" to the church, attorney Margaret Stanish said in Jan. 6 documents. She quoted excerpts from some of about 100 letters of support from supporters and parishioners at one of the largest church congregations in Nevada.


Ohio: Changes in execution process constitutional
Court Watch | 2012/01/12 10:13
The deviations from official death penalty procedures made during an execution last year were minor changes that wouldn't cause pain to an inmate or violate his rights, the state said in a filing Friday seeking to overturn a judge's ruling that postponed next week's execution of a man who stabbed an elderly couple to death 25 years ago.

Attorneys for Charles Lorraine argued that the deviations were important enough to cause concern that Ohio was still not following its own rules for putting inmates to death.

U.S. District Court Judge Gregory Frost agreed, and on Wednesday stopped Lorraine's execution while acknowledging he didn't want to be micromanaging Ohio's death penalty processes.

Frost said the state failed to document the drugs used in its last execution in November and failed to review the medical chart of the inmate put to death.

Attorneys for the state had argued previously that the changes were negligible, and they said Friday the execution should proceed.


Court: Okla. ban on Islamic law unconstitutional
Court News | 2012/01/11 10:42
An amendment that would ban Oklahoma courts from considering international or Islamic law discriminates against religions and a Muslim community leader has the right to challenge its constitutionality, a federal appeals court said Tuesday.

The court in Denver upheld U.S. District Judge Vicki Miles-LaGrange's order blocking implementation of the amendment shortly after it was approved by 70 percent of Oklahoma voters in November 2010.

Muneer Awad, the executive director of the Council on American-Islamic Relations in Oklahoma, sued to block the law from taking effect, arguing that the Save Our State Amendment violated his First Amendment rights.

The amendment read, in part: "The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law."

Backers argued that the amendment intended to ban all religious laws, that Islamic law was merely named as an example and that it wasn't meant as a specific attack on Muslims. The court disagreed.



Federal court hears case on Arizona ski resort
Court Watch | 2012/01/10 10:09
A federal appeals court is hearing arguments in a case that challenges the planned use of reclaimed water for snowmaking at an Arizona ski resort.

The 9th Circuit U.S. Court of Appeals is scheduled to hear the case Monday morning in San Francisco.

The Save the Peaks Coalition and a group of citizens want the U.S. Forest Service to do a more thorough environmental analysis on the health and safety risks of using treated wastewater for artificial snow.

A lower court has ruled that the Forest Service adequately considered the impacts of the snowmaking plan and that the record supported the agency's decision to allow it.

More than a dozen tribes consider the mountain sacred. American Indian tribes argued unsuccessfully in a separate case that the plan violated religious freedom.



Bernstein Liebhard LLP Announces Class Action
Press Release | 2012/01/10 09:53
Bernstein Liebhard LLP today announced that a class action has been commenced in the United States District Court for the Southern District of New York on behalf of purchasers of Camelot Information Systems Inc.  American Depositary Shares between July 21, 2010 and August 17, 2011, including those who acquired Camelot ADSs pursuant or traceable to the Company’s false and misleading Registration Statements and Prospectuses issued in connection with its July 21, 2010 initial public offering and December 10, 2010 Secondary Offering.

The complaint charges Camelot, certain of its officers and directors and the underwriters of the Offerings with violations of the Securities Act of 1933 and the Securities Exchange Act of 1934. Camelot is a holding company that conducts business through its operating subsidiaries in China. The Company is a provider of enterprise application services and financial industry information technology services in China.

The complaint alleges that during the Class Period, defendants issued materially false and misleading statements regarding the Company’s business practices and financial results. Specifically, defendants failed to disclose negative trends in Camelot’s business, including with Camelot’s most important customers. As a result of defendants’ false statements, Camelot ADSs traded at artificially inflated prices during the Class Period, reaching a high of $26.73 per share on January 11, 2011.

On July 21, 2010, Camelot announced the pricing of its IPO of 13.3 million ADSs at $11.00 per ADS. Subsequently, on December 9, 2010, Camelot announced the pricing of its Secondary Offering of 7,160,206 ADSs by selling shareholders at $19.50 per ADS. The complaint alleges that the Registration Statements issued in connection with the Offerings were inaccurate and misleading and omitted to state material facts required to be stated therein.

On August 15, 2011, Seeking Alpha published an article questioning several key components of Camelot’s business. This caused Camelot’s ADSs to drop to below $9 per share. Then on August 18, 2011, Camelot issued a press release announcing its second quarter 2011 unaudited financial results, including lower-than-expected guidance for fiscal 2011. On this news, Camelot’s ADSs dropped $2.24 per share to close at $6.32 per share on August 18, 2011, a one-day decline of 26%.

According to the complaint, the true facts, which were known by the defendants but concealed from the investing public during the Class Period, were as follows: (a) the Company’s IT professionals were not a competitive advantage to the Company and many were dissatisfied with Camelot, which would adversely affect Camelot’s ability to retain its customers; (b) the Company was suffering from undisclosed attrition of employees, which was having a negative impact on the Company’s ability to attract new customers; (c) Camelot did not have the large numbers of highly trained professionals at its disposal that it had represented; and (d) Camelot’s contract with its most important customer, IBM, was not as solid as represented, and would not be renewed on the same terms.

www.bernlieb.com


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