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NY top court OKs tax on online sellers like Amazon
Headline Legal News | 2013/04/02 12:31
New York's highest court ruled Thursday the state can collect sales tax from out-of-state retailers, rejecting claims by Amazon.com and Overstock.com that the tax law violates the U.S. Constitution's Commerce Clause.

The Court of Appeals said in a 4-1 ruling that the 2008 amendment meets the U.S. Supreme Court test that the sellers have "a substantial nexus" with the taxing state. Taxes apply when the online retailers generate at least $10,000 in annual sales to New Yorkers from in-state websites that earn commissions by bringing in potential customers through links to the big retailers.

Amazon.com, with corporate offices in Washington state, has an "Associates Program" where others put such links on their websites. Overstock.com, based in Utah, suspended its similar "Affiliates" program in New York after the state statute was enacted.

New York's sales tax is 4 percent and all its counties and New York City add an additional tax ranging from 3 percent to near 5 percent. Both apply to applicable Internet sales, according to the state Department of Taxation and Finance.


Fee proposed for public court record access
Court Watch | 2013/03/25 15:18

A proposal by the state's judicial branch to charge $10 to view a public file at the Santa Rosa courthouse is being criticized by those who say it would limit access to public information.

A spokesman for the Judicial Council, the policymaking body of the courts, tells the Santa Rosa Press Democrat the search fee would generate $6 million annually.

But open government advocates and some journalists say it will create an unfair financial barrier to public documents.

The new search fee is among 11 recommendations from a panel of judges, lawyers and legislators that have been sent to Sacramento for inclusion in Gov. Jerry Brown's budget.

The newspaper says the proposals are expected to raise $30 million statewide.


Man pleads not guilty in Oakland bank bomb case
Topics in Legal News | 2013/03/14 15:45
A 28-year-old former Marine has pleaded not guilty to charges that he tried to blow up an Oakland bank with a car bomb.

The Oakland Tribune reports Matthew Aaron Llaneza of San Jose entered the plea Friday in federal court. If convicted, he could face life in prison for attempting to use a weapon of mass destruction.

LLaneza's attorney says his client was found to suffer from significant mental illness but was competent to stand trial.

Authorites say Llaneza tried to blow up a Bank of America branch last month and ignite a civil war by blaming the bombing on anti-government militias.

LLaneza has been held in jail since he was caught in an FBI sting operation involving an agent posing as a member of the Taliban.


Former Chicago Bear pleads guilty to tax charges
Court Watch | 2013/03/11 15:45

Former Chicago Bears player Chris Zorich pleaded guilty Thursday to federal tax charges, admitting to the judge that he didn't file "in a timely fashion."

The 43-year-old faced four misdemeanor counts of not filing federal income tax returns from 2006 to 2009. Over that time, he allegedly made more than $1 million, including income from a charity he founded.

The judge asked Zorich if he knew he was wrong not to file the returns.

"Yes, your honor," Zorich said, wearing a black suit and tie.

His attorney previously said Zorich was looking forward to putting the case behind him.

The Chicago native was on the 1988 Notre Dame team that won a national championship. He played for the Bears from 1991 to 1996 and ended his career with the Washington Redskins in 1997.


Officials: Fla. lawyer at center of $300M scheme
Court Watch | 2013/03/01 15:45

One of the men who authorities say was at the center of a scam to use a veterans charity as a front for an illegal gambling operation worth nearly $300 million was a well-known attorney who once ran a marathon in a suit as a publicity stunt.

Another man involved in the case was described by friends as a small-town “pool hustler” in South Carolina. Jacksonville attorney Kelly Mathis was identified by authorities as the man at the center of the alleged racketeering scheme. Two other men charged as co-conspirators had experience running gaming parlors, including Johnny E. Duncan, who was charged more than 20 years ago with creating a fake charity to sponsor bingo gaming, which allowed the games to operate tax-free. The other man, Jerry Bass, had previously worked as general manager of a video poker parlor in South Carolina.

Authorities said Mathis made about $6 million from the operation. During a news conference Wednesday, Florida Attorney General Pam Bondi unveiled a poster with a photo of Mathis in the center and linked to dozens of alleged gambling operations. Officials said he was the registered agent for 112 businesses related to the investigation. Nearly 60 people have been arrested so far.


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