The millionaire magnate who steered the rise of Guess jeans had sued five former employees of his real estate company for embezzlement and fraud, but when those employees filed cross-complaints alleging libel and intentional infliction of emotional distress a year ago, the French designer's case went downhill. Marciano had sold his stake in Guess and left the company in 1993.
Los Angeles County Superior Court Judge Elizabeth White dismissed Marciano's suit in December, after Marciano refused to comply with discovery or show up for scheduled depositions, according to lawyers for the former employees.
Then in March, White struck Marciano's answer to the cross-complaints, rendering him mostly unable to mount a defense. White's decision came after Marciano continued to disobey discovery orders, the employees' lawyers said Tuesday.
"We got a lot of gifts in this case," said R. Rex Parris, a Lancaster, Calif., attorney who represented two former Marciano office workers.
In May, White held a court trial to determine whether Marciano was liable in the cross-complaints against him. After the judge determined that he was, a jury trial on the amount of damages began last week.
The jury held Marciano liable for slightly more than $74 million in damages for each of the five former employees, for past and future suffering, injury to reputation and future economic loss, according to their lawyers.
During what was essentially a default "prove-up" last week, Browne Woods George partner Marcy Railsback referred to herself as counsel of record, according to a transcript. Browne Woods partner Eric George declined to comment Tuesday, except to say that he has represented Marciano in connection with his complaint and the cross-complaints and might represent him on appeal.
Marciano used at least 17 separate law firms throughout the nearly two-year proceedings, according to Parris. Michael Reznick, a lawyer who described himself as Marciano's "personal attorney" in court July 22, did not return a call late Tuesday afternoon.
On that day, Marciano came to court in what Parris and his fellow lawyers described as a "surprise" appearance. Marciano had never actually been served with a subpoena, but he accepted White's offer to take the stand "with pleasure," according to a transcript of the proceedings.
George wasn't present, but Railsback summoned him to court once Marciano appeared, according to the transcript.
"One of the big factors is that [Marciano] came into trial and he admitted to the jury that he was on a crusade and indicated that he doesn't intend to stop," said Michael Partos, a Los Angeles lawyer at Cozen O'Connor who represented one of the former employees.
Parris said that the size of the verdict was partially the result of putting on a significant amount of evidence, including expert testimony, that described the depression his two clients had experienced because of Marciano.
"Now they're prone to clinical depression," Parris said. "Their ability to experience joy in life is severely diminished."
Source
Monday, September 28, 2009
Tuesday, September 15, 2009
Ex-Armenian consul among five arrested in alleged deportation-blocking scheme
Five people, including a former Armenian consul, have been arrested in alleged schemes to block the deportation of illegal immigrants convicted of murder and other serious crimes, federal immigration officials announced Tuesday.
The defendants allegedly obtained letters from the Armenian Consulate in Los Angeles and then sold them -- for as much as $35,000 each -- to at least two dozen convicted criminals facing deportation, officials said. The letters, which were sent to U.S. Immigration and Customs Enforcement, said the Armenian government could not verify that the immigrants were citizens and therefore could not let them back into the country.
Counter-terrorism investigators find alleged identity theft ring
Unable to deport the immigrants, U.S. officials were forced to release them. By law, the immigration agency cannot keep criminals in detention for more than six months beyond their prison sentences if deportation is unlikely.
The immigrants who received the "letters of refusal" had been convicted of murder, attempted murder, robbery and other crimes, officials said.
"It's a great scheme," said Jennifer Silliman, deputy special agent in charge of the immigration agency's Los Angeles office. "You have got these career criminals, many of whom are violent, circumventing the system and essentially buying themselves a place in the United States."
Grigor Hovhannissian, Armenia's consul general in Los Angeles, said he and others within the Armenian government were committed to cooperating with U.S. authorities in the ongoing investigation.
"It is in our vital interest to sort this out," he said. "It does tremendous harm to the prestige of our country."
Hovhannissian said his predecessor, Norair Ghalumian, had not been part of the government for several years but allegedly was handling consular duties on his own.
"Outside of his professional duties, he may have been offering services that were totally illegal," he said.
Ghalumian, 52, was consul from 1999 to 2003, according to U.S. officials. The other defendants included Hakop Hovanesyan, 54, a former employee of the consulate; Margarita Mkrtchyan, 41, a Beverly Hills attorney; Oganes Nardos, 36, a substance abuse counselor; and Elvis Madatyan, 47, who owns an auto body business and a bakery.
All five appeared in court Tuesday afternoon to face federal charges of obstructing immigration proceedings. Four were ordered released on bonds ranging from $50,000 to $200,000 and told to return to court Aug. 17 for a preliminary hearing. Nardos' detention hearing was continued until Aug. 7 because of questions about whether he entered the country fraudulently. If convicted, each could be sentenced to five years in federal prison.
"These defendants endangered the safety and security of United States residents," U.S. Atty. Thomas P. O'Brien said in a statement.
The defendants' family members, gathered at the courthouse in Los Angeles, expressed disbelief about the charges.
"I am shocked," said Ghalumian's wife, Katarine Simonian. "A lot of people know him as a very honest person."
The immigration agency began its investigation about two years ago and used undercover agents to contact the defendants and obtain the illicit letters. All five people were allegedly carrying out the same scheme but were not part of a larger criminal organization, officials said.
Immigration authorities executed search warrants at various locations, including Mkrtchyan's Glendale residence, Hovanesyan's travel agency and Nardos' residence, and left with refusal letters and official stationery from the consulate. Immigration officials have identified some of those who received the letters and said they could face federal criminal charges.
Although the letters in this case were allegedly obtained fraudulently, there are thousands of immigrants across the country with legitimate letters of refusal. They have served time for crimes and been ordered deported but are still here because the U.S. cannot get passports or visas for them. Among them are Armenians born in the former Soviet Union, Palestinians born in refugee camps and Africans from countries whose international borders have shifted.
Source
The defendants allegedly obtained letters from the Armenian Consulate in Los Angeles and then sold them -- for as much as $35,000 each -- to at least two dozen convicted criminals facing deportation, officials said. The letters, which were sent to U.S. Immigration and Customs Enforcement, said the Armenian government could not verify that the immigrants were citizens and therefore could not let them back into the country.
Counter-terrorism investigators find alleged identity theft ring
Unable to deport the immigrants, U.S. officials were forced to release them. By law, the immigration agency cannot keep criminals in detention for more than six months beyond their prison sentences if deportation is unlikely.
The immigrants who received the "letters of refusal" had been convicted of murder, attempted murder, robbery and other crimes, officials said.
"It's a great scheme," said Jennifer Silliman, deputy special agent in charge of the immigration agency's Los Angeles office. "You have got these career criminals, many of whom are violent, circumventing the system and essentially buying themselves a place in the United States."
Grigor Hovhannissian, Armenia's consul general in Los Angeles, said he and others within the Armenian government were committed to cooperating with U.S. authorities in the ongoing investigation.
"It is in our vital interest to sort this out," he said. "It does tremendous harm to the prestige of our country."
Hovhannissian said his predecessor, Norair Ghalumian, had not been part of the government for several years but allegedly was handling consular duties on his own.
"Outside of his professional duties, he may have been offering services that were totally illegal," he said.
Ghalumian, 52, was consul from 1999 to 2003, according to U.S. officials. The other defendants included Hakop Hovanesyan, 54, a former employee of the consulate; Margarita Mkrtchyan, 41, a Beverly Hills attorney; Oganes Nardos, 36, a substance abuse counselor; and Elvis Madatyan, 47, who owns an auto body business and a bakery.
All five appeared in court Tuesday afternoon to face federal charges of obstructing immigration proceedings. Four were ordered released on bonds ranging from $50,000 to $200,000 and told to return to court Aug. 17 for a preliminary hearing. Nardos' detention hearing was continued until Aug. 7 because of questions about whether he entered the country fraudulently. If convicted, each could be sentenced to five years in federal prison.
"These defendants endangered the safety and security of United States residents," U.S. Atty. Thomas P. O'Brien said in a statement.
The defendants' family members, gathered at the courthouse in Los Angeles, expressed disbelief about the charges.
"I am shocked," said Ghalumian's wife, Katarine Simonian. "A lot of people know him as a very honest person."
The immigration agency began its investigation about two years ago and used undercover agents to contact the defendants and obtain the illicit letters. All five people were allegedly carrying out the same scheme but were not part of a larger criminal organization, officials said.
Immigration authorities executed search warrants at various locations, including Mkrtchyan's Glendale residence, Hovanesyan's travel agency and Nardos' residence, and left with refusal letters and official stationery from the consulate. Immigration officials have identified some of those who received the letters and said they could face federal criminal charges.
Although the letters in this case were allegedly obtained fraudulently, there are thousands of immigrants across the country with legitimate letters of refusal. They have served time for crimes and been ordered deported but are still here because the U.S. cannot get passports or visas for them. Among them are Armenians born in the former Soviet Union, Palestinians born in refugee camps and Africans from countries whose international borders have shifted.
Source
Monday, August 31, 2009
Three Strikes Law and Los Angeles
Norman Williams found out first-hand how tough California’s "Three Strikes" laws can be: after twice being convicted on felony burglary charges, the Long Beach native was sentenced to 25 years to life in prison for stealing a car jack and tools from a tow truck. Under normal circumstances, his last offense would have been classified as petty theft while the value of the items stolen should have made the crime a misdemeanor offense. Williams, however, had had a long history of drug abuse and a criminal record beginning with burglary at age ten.
With such an egregious criminal history, the famous "Three Strikes" laws bumped Williams’ relatively minor charges up to felony status, paving the way to his third strike. Thanks to efforts from a fledgling Stanford University law school program, Williams’ sentence was reduced to just 10 years. Since Williams had already served 13 years of his original sentence, he was released from Folsom State Prison on April 24th. With two standing felony convictions, Williams is currently working with a job training program in Northern California and trying to stay out of further legal trouble.
The "Three Strikes" laws have been controversial since their inception. As a "tough on crime" program, the laws effectively sentence criminal offenders to 25 years to life in prison for three felony offenses. In an attempt to protect Californians from violent repeat criminal offenders, the "Three Strikes" laws also reduce prison credits for good behavior and can enhance penalties for two or more felony criminal offenses. The laws also provide provisions allowing multiple criminal acts performed in conjunction to be counted as separate offenses. For example, burglary with a firearm that results in bodily injury to someone and the theft of more than $400 in value could be charged as several distinct crimes, allowing the defendant to rack up several "strikes" in one set of legal proceedings. Felony criminal offenses are nothing to take lightly in California as they can land you in a state prison for the rest of your life.
Monday, August 17, 2009
Intelligence and Crime
Criminals are generally better regarded for winning the “Stupid Criminal Story of the Week” than exhibiting any particular intelligence. But you’d have a difficult time making a line-up of idiots when picturing the FBI’s targets in the Counterintelligence Domain Program.
Many of the most effective and expensive criminal attacks are all about intelligence.
The White House announced the appointment of a “cyber security coordinator” to tackle incipient threats to the nation’s cyber structure. As with many other federal efforts, the call to “action” is more heralded than the specifics. For example, the President’s talking points fail to note the way a Cyber Tsar will work with existing units, such as the FBI’s CI Domain Program. CI Domain, under former President Bush, has already advanced efforts to integrate cyber security initiatives in a trilateral system, integrating businesses/academic entities/counterintelligence agencies. The FBI has established a partnership virtually unheard of: “CAUSE” sends FBI field agents to university intellectual property departments, and trains them about the motive and methods of cyber stealing.
The appointment of a White House Cyber Tsar seems to offer the certainty of political turf wars. Where the President promises to work with local governments, the FBI focus has been more regional in emphasis. The current Presidential model also promises to employ more “top down” management, using federal funding to emphasize federal policy; the FBI model apparently retains its Bush-era emphasis on private market inventiveness. Obama asserts:
“Given the enormous damage that can be caused by even a single cyber attack, ad hoc responses will not do. Nor is it sufficient to simply strengthen our defenses after incidents or attacks occur. Just as we do for natural disasters, we have to have plans and resources in place beforehand, sharing information, issuing warnings and ensuring a coordinated response.”
Yet all parties do agree the scope of the problem is already enormously fluid, and that any initial effort can only be limited in comparative scope. Estimates of world-wide costs associated with cyber attacks—ranging from graffiti to commercial interference and, military or utility attacks—exceed $1 trillion. This recognition may account for the program’s heavy reliance on existing private industry focus and lack of specifics…essentially admitting the solutions must be developed by those with the most to lose…private enterprise.
There are also no shortages of conspiracy theories, whenever any President seeks to integrate private security with government oversight. This seems to be especially true when it comes to cyber life. Obama stressed his belief that cyber security must be balanced against losses in public expectations of privacy on the Web. The Bush Administration’s foray into enhanced cyber security in 2008 resulted in cries that the private agency (Infragard) tasked with secunding government cyber resources was given the authority “to shoot to kill” if the U.S. government declared martial law.
Monday, August 3, 2009
Los Angeles Lakers and Riots
What began as a celebration of the Los Angeles Lakers' Championship turned into a scary scene in downtown Los Angeles. Police were called in and arrested over twenty individuals for their part in the riots and looting that took place.
Los Angeles criminal defense attorneys often have to aggresively defend people involved in such crimes, many of whom are simply in the wrong place at the wrong time. When the Los Angeles police arrest people, rarely do they have the proper evidence or information, all they have to go on are their instincts and bits of information. Los Angeles criminal defense attorneys understand this and do their best to stop it.
In this particular case in Los Angeles, there were fires, vandalized cars and buildings, fireworks set off, looting of stores and some clashing with police. Los Angeles criminal defense attorneys will recognize that most of these are petty crimes, however if you have a criminal record, these crimes could add up to some serious jail time. Even if you don't, any Los Angeles criminal defense attorney will tell you that heavy fines, probation, community service and even minor jail time are in store for you if convicted.
Los Angeles criminal defense attorneys often have to aggresively defend people involved in such crimes, many of whom are simply in the wrong place at the wrong time. When the Los Angeles police arrest people, rarely do they have the proper evidence or information, all they have to go on are their instincts and bits of information. Los Angeles criminal defense attorneys understand this and do their best to stop it.
In this particular case in Los Angeles, there were fires, vandalized cars and buildings, fireworks set off, looting of stores and some clashing with police. Los Angeles criminal defense attorneys will recognize that most of these are petty crimes, however if you have a criminal record, these crimes could add up to some serious jail time. Even if you don't, any Los Angeles criminal defense attorney will tell you that heavy fines, probation, community service and even minor jail time are in store for you if convicted.
Every Los Angeles criminal defense attorney at the Law Office of Stephen G. Rodriguez & Associates focuses exclusively on criminal defense. With over 90 years of combined criminal defense experience, we have a reputation for aggressively representing individuals facing misdemeanor or felony charges. Our ability to analyze and evaluate cases, prepare strong defenses and obtain favorable outcomes is well known. Do not settle for a guilty plea; being charged and convicted of a crime can lead to job loss, a criminal record and jail time.
Friday, July 17, 2009
FBI investigates latest Inglewood police shooting
INGLEWOOD, Calif.—The FBI is investigating the fatal shooting of a man by Inglewood police officers at a birthday party last month. The Police Department acknowledged the inquiry on Thursday and pledged to cooperate with investigators.
Police say three of four officers reporting to a fight at the party on May 17 shot Marcus Smith after he threatened them with a gun. It was unknown whether police ordered him to drop his weapon before they opened fire.
The Los Angeles County district attorney's office is investigating the shooting, and the Inglewood Police Department says it is conducting separate criminal and administrative investigations.
In March, the U.S. Department of Justice began investigating Inglewood police after a string of high-profile shootings left four dead.
Source
Police say three of four officers reporting to a fight at the party on May 17 shot Marcus Smith after he threatened them with a gun. It was unknown whether police ordered him to drop his weapon before they opened fire.
The Los Angeles County district attorney's office is investigating the shooting, and the Inglewood Police Department says it is conducting separate criminal and administrative investigations.
In March, the U.S. Department of Justice began investigating Inglewood police after a string of high-profile shootings left four dead.
Source
Monday, July 6, 2009
Twenty-Four Defendant Indictment Names Members and Leaders of Notorious California MS-13 Gang
Los Angeles, California - In the first indictment in Los Angeles to allege racketeering charges against the MS-13 Gang, several members, leaders and associates were arrested early this morning after the return of a federal indictment which charges two dozen defendants, including the executive director of a non-profit gang intervention organization with violations ranging from murder and conspiracy to commit murder and extortion to narcotics trafficking, announced Thomas O'Brien, United States Attorney in Los Angeles, Salvador Hernandez, Assistant Director of the FBI in Los Angeles, and Chief William Bratton of the Los Angeles Police Department.
The sixteen-count federal indictment, unsealed today, charges 24 members and associates of MS-13 with participating in a racketeering conspiracy that involved a variety of crimes including murder, conspiracy to commit murder, extortion, robbery, narcotics trafficking, and witness intimidation, over a period of fifteen years. The indictment alleges the defendants who engaged in the racketeering enterprise, were responsible for seven murders and eight conspiracies to commit murder since 1995.
Five of the defendants charged allegedly conspired to murder a veteran detective with the Los Angeles Police Department's Gang unit. According to the indictment, defendants Carlos Cuentas, Pedro Lopez, Kelvin Melgar, Francisco Morales and Eric Salazar engaged in discussions to kill the detective and even discussed the weapon that would be used to carry out the murder.
The indictment charges Alex Sanchez, the Executive Director of "Homies Unidos," a non-profit organization which purports to use the public and private charitable contributions it receives for gang intervention efforts. Sanchez is charged with racketeering offenses, including conspiracy to murder, during the time he was associated with Homies Unidos.
“Today, in Los Angeles, where the MS-13 gang was formed, we are holding its leaders accountable for the violence and intimidation they have used to bring terror to the citizens living and working within the gang’s territory,” said Thomas P. O’Brien, the United States Attorney in Los Angeles. “We will continue to work with all of our law enforcement partners, both local and federal, to ensure that this gang’s leaders’ are held accountable for their criminal conduct.”
The indictment announced today is a result of a three-year investigation by the FBI and the LAPD which focused on the leadership of multiple cliques of the MS-13 gang, spanning from 1995 to the present. MS-13 members and associates allegedly used violence and intimidation to control narcotics sales and distribution within its claimed territory, and to collect extortion payments or "rent" from gang members and non-gang members who conducted business in its territory, to include legitimate business.
"As demonstrated by the indictment, local members of the MS-13 gang operated with of level of lethality alarming even by violent street gang standards," said Salvador Hernandez, Assistant Director in Charge of the FBI in Los Angeles. "The FBI will continue to work with its partners to pursue these most violent of criminals to ensure they are removed from our cities' streets."
Los Angeles is the birthplace for MS-13, or "Mara Salvatrucha-13," and was formed by immigrants who fled the civil war in El Salvador in the 1980s. The number "13" relates to the thirteenth letter of the alphabet, or "M," a known to reference "La Eme," or the Mexican Mafia, a California-based prison gang that exercises control over MS-13 members and other street gangs whose members pay taxes in exchange for protection. MS-13 operates in areas of Los Angeles including, but not limited to Rampart, Wilshire, Olympic, and Hollywood. The gang is estimated to have several thousand members in multiple U.S. cities, as well as throughout Central America and Mexico, and is known for its brutality.
Chief William Bratton of the LAPD said, “Since the early 1980s when they were a fledgling gang, to this very day, MS-13 has been a blight on every street where they exist. Whether house to house, street to street, or city to city, MS-13 has spread like a cancer. These indictments, arrests and warrants represent one success in an ongoing effort to rid the community of an element that lacks a single redeeming quality."
Source
The sixteen-count federal indictment, unsealed today, charges 24 members and associates of MS-13 with participating in a racketeering conspiracy that involved a variety of crimes including murder, conspiracy to commit murder, extortion, robbery, narcotics trafficking, and witness intimidation, over a period of fifteen years. The indictment alleges the defendants who engaged in the racketeering enterprise, were responsible for seven murders and eight conspiracies to commit murder since 1995.
Five of the defendants charged allegedly conspired to murder a veteran detective with the Los Angeles Police Department's Gang unit. According to the indictment, defendants Carlos Cuentas, Pedro Lopez, Kelvin Melgar, Francisco Morales and Eric Salazar engaged in discussions to kill the detective and even discussed the weapon that would be used to carry out the murder.
The indictment charges Alex Sanchez, the Executive Director of "Homies Unidos," a non-profit organization which purports to use the public and private charitable contributions it receives for gang intervention efforts. Sanchez is charged with racketeering offenses, including conspiracy to murder, during the time he was associated with Homies Unidos.
“Today, in Los Angeles, where the MS-13 gang was formed, we are holding its leaders accountable for the violence and intimidation they have used to bring terror to the citizens living and working within the gang’s territory,” said Thomas P. O’Brien, the United States Attorney in Los Angeles. “We will continue to work with all of our law enforcement partners, both local and federal, to ensure that this gang’s leaders’ are held accountable for their criminal conduct.”
The indictment announced today is a result of a three-year investigation by the FBI and the LAPD which focused on the leadership of multiple cliques of the MS-13 gang, spanning from 1995 to the present. MS-13 members and associates allegedly used violence and intimidation to control narcotics sales and distribution within its claimed territory, and to collect extortion payments or "rent" from gang members and non-gang members who conducted business in its territory, to include legitimate business.
"As demonstrated by the indictment, local members of the MS-13 gang operated with of level of lethality alarming even by violent street gang standards," said Salvador Hernandez, Assistant Director in Charge of the FBI in Los Angeles. "The FBI will continue to work with its partners to pursue these most violent of criminals to ensure they are removed from our cities' streets."
Los Angeles is the birthplace for MS-13, or "Mara Salvatrucha-13," and was formed by immigrants who fled the civil war in El Salvador in the 1980s. The number "13" relates to the thirteenth letter of the alphabet, or "M," a known to reference "La Eme," or the Mexican Mafia, a California-based prison gang that exercises control over MS-13 members and other street gangs whose members pay taxes in exchange for protection. MS-13 operates in areas of Los Angeles including, but not limited to Rampart, Wilshire, Olympic, and Hollywood. The gang is estimated to have several thousand members in multiple U.S. cities, as well as throughout Central America and Mexico, and is known for its brutality.
Chief William Bratton of the LAPD said, “Since the early 1980s when they were a fledgling gang, to this very day, MS-13 has been a blight on every street where they exist. Whether house to house, street to street, or city to city, MS-13 has spread like a cancer. These indictments, arrests and warrants represent one success in an ongoing effort to rid the community of an element that lacks a single redeeming quality."
Source
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