A joint project of the Society of American Law Teachers (SALT) and the Lawyering in the Digital Age Clinic at the Columbia University School of Law has resulted in data that shows a disturbing trend in law school diversity. See http://blogs.law.columbia.edu/salt.

While the results are not surprising, the project underscores that efforts to enhance diversity in law school enrollment have not been effective. Until such time as the trend is reversed, the quality of legal education in the U.S. will remain impaired, as will access to the U.S. legal and justice system for many Americans.

In general, the data produced by the joint project show that while law school enrollment from 1993 to 2008 increased by close to 3,000 new admissions, admissions by African-Americans and Mexican-Americans decreased by 7.5% and 11.7%, respectively. The issue is not a matter of qualifications, as the data indicate that the LSAT scores and GPAs of African-Americans and Mexican-Americans have markedly improved over the same period. Equally disturbing are data that indicate that the number of applications from African-American and Mexican-American students has remained steady from 1990 to 2008.

"Particularly significant results of the study are the data that show that African-Americans and Mexican-Americans have much higher shut-out admission rates than Caucasian students. So not only are admissions relatively decreasing for African-Americans and Mexican-Americans, they are more likely than not to get shut out of all the law schools to which they apply," said HNBA National President Roman D. Hernandez. "We knew these data have existed, but this latest review involving 2008 data is discouraging to say the least. There is no finger pointing here. We all need to work harder and our law schools need to reexamine admissions criteria. The HNBA has addressed law schools accreditation standards criteria before, and we are going to revisit that issue," said Hernandez.

A federal grand jury in Las Vegas today returned indictments against 10 Nevada-certified emissions testers for falsifying vehicle emissions test reports, the Justice Department announced.

Each defendant faces one felony Clean Air Act count for falsifying reports between November 2007 and May 2009. The number of falsifications varied by defendant, with some defendants having falsified approximately 250 records, while others falsified more than double that figure. One defendant is alleged to have falsified over 700 reports.

The individuals indicted include:

Eduardo Franco, 30

Alexander Wayne Worster, 27

William Joseph McCown, 48

Joseph DeMatteo, 52

David Eugene Nelson, 46

Louis Engene Demeo, 50

Adolpho Silva-Contreras, 47

Peter Escudero, 47

Wadji Waked, 24

Gary Smith, 47

Escudero resides in Pahrump, Nev. All other individuals are from Clark County, Nev.

The 10 defendants are alleged to have engaged in a practice known as "clean scanning" vehicles. The scheme involved entering the Vehicle Identification Number (VIN) for a vehicle that would not pass the emissions test into the computerized system, then connecting a different vehicle the testers knew would pass the test. These falsifications were allegedly performed for anywhere from $10 to $100 over and above the usual emissions testing fee.

The U.S. Environmental Protection Agency (EPA), under the Clean Air Act, requires the state of Nevada to conduct vehicle emissions testing in certain areas because the areas exceed national standards for carbon monoxide and ozone. Las Vegas is currently required to perform emissions testing.

To obtain a registration renewal, vehicle owners bring the vehicles to a licensed inspection station for testing. The emissions inspector logs into a computer to activate the system by using a unique password issued to the emissions inspector. The emissions inspector manually inputs the vehicle's VIN to identify the tested vehicle, then connects the vehicle for model year 1996 and later to an onboard diagnostics port connected to an analyzer. The analyzer downloads data from the vehicle's computer, analyzes the data and provides a "pass" or "fail" result. The pass or fail result and vehicle identification data are reported on the Vehicle Inspection Report. It is a crime to knowingly alter or conceal any record or other document required to be maintained by the Clean Air Act.

"Falsifications of vehicle emissions testing, such as those alleged in the indictments unsealed today, are serious matters and we intend to use all of our enforcement tools to stop this harmful practice. These actions undermine a system that is designed to reduce air pollutants including smog and provide better air quality for the citizens of Nevada," said Ignacia S. Moreno, Assistant Attorney General for the Justice Department's Environment and Natural Resources Division.

"The residents of Nevada deserve to know that the vast majority of licensed vehicle emission inspectors are not corrupt and are not circumventing emission testing procedures," said U.S. Attorney Bogden. "These indictments should serve as a clear warning to offenders that the Department of Justice will prosecute you if you make fraudulent statements and reports concerning compliance with the federal Clean Air Act."

"Lying about car emissions means dirtier air, which is especially of concern in areas like Las Vegas that are already experiencing air quality problems," said Cynthia Giles, Assistant Administrator for Enforcement and Compliance Assurance at EPA. "We will take aggressive action to ensure communities have clean air."

The maximum penalty for the felony violations contained in the indictments includes up to two years in prison and a fine of up to $250,000.

An indictment is merely an accusation, and a defendant is presumed innocent unless and until proven guilty in a court of law.

The case was investigated by the EPA, Criminal Investigation Division; and the Nevada Department of Motor Vehicles Compliance Enforcement Division. The case is being prosecuted by the U.S. Attorney's Office for the District of Nevada and the Justice Department's Environmental Crimes Section.

Judge Rules Chicago Transit Authority Cannot Ban Computer and Video Game Ads

The United States District Court for the Northern District of Illinois granted the Entertainment Software Association (ESA) a preliminary injunction in its suit against the Chicago Transit Authority (CTA), the ESA said today. The case, which the ESA filed in July 2009, challenges CTA's prohibition of certain computer and video game advertisements as a violation of the guarantees of free speech under the First Amendment to the United States Constitution. In her opinion, Judge Rebecca R. Pallmeyer stated, "...the advertisements the CTA wishes to ban promote expression that has constitutional value and implicates core First Amendment concerns."

"This ruling is a win for Chicago's citizens, the video game industry and, above all, the First Amendment," said Michael D. Gallagher, president and CEO of the ESA, which represents U.S. computer and video game publishers. "It is our hope that the CTA sees the futility of pursuing this case further. To do so will waste taxpayer money and government resources. Chicago deserves better and we look forward to bringing this matter to an end."

ESA argued that CTA's Ordinance 008-147, which took effect in January 2009, unfairly targeted the entertainment software industry by prohibiting any advertisement that "markets or identifies a video or computer game rated 'Mature 17+' (M) or 'Adults Only 18+' (AO)." The ESA further contended the ordinance unconstitutionally "restricts speech in a public forum that is otherwise open to all speakers without a compelling interest for doing so." In addition, the ESA's complaint stated that the ordinance impermissibly discriminates on the basis of viewpoint and ignores less restrictive means of achieving the supposed ends of the ordinance. The court ruled that the ESA was likely to succeed on the merits of these claims at trial and, therefore, blocked enforcement of the ordinance until the case could be finally resolved.

The ESA also contended that the CTA's ordinance is unnecessary because game-related marketing is already subject to the Entertainment Software Rating Board's Advertising Review Council, which strictly regulates computer and video game advertisements that are seen by the general public. The Entertainment Software Rating Board assigns computer and video games ratings and content descriptors, which are both displayed on advertisements for those games.

The Entertainment Software Association is the U.S. association dedicated to serving the business and public affairs needs of companies publishing interactive games for video game consoles, handheld devices, personal computers, and the Internet. The ESA offers services to interactive entertainment software publishers including a global anti-piracy program, owning the E3 Expo, business and consumer research, federal and state government relations, First Amendment and intellectual property protection efforts. 

The Justice Department announced that Umar Farouk Abdulmutallab, a 23-year-old Nigerian national, was charged today in a six-count criminal indictment returned in the Eastern District of Michigan for his alleged role in the attempted Christmas day bombing of Northwest Airlines flight 253 from Amsterdam, the Netherlands, to Detroit.

Count one of the indictment charges Abdulmutallab with attempted use of a weapon of mass destruction, which carries a penalty of up to life in prison. Count two of the indictment charges him with attempted murder within the special aircraft jurisdiction of the United States, which carries a penalty of up to 20 years in prison. Count three of the indictment charges him with willful attempt to destroy or wreck an aircraft within the special aircraft jurisdiction of the United States, which carries a penalty of up to 20 years in prison.

Count four of the indictment charges Abdulmutallab with willfully placing a destructive device on an aircraft within the special aircraft jurisdiction of the United States, which was likely to endanger the safety of such aircraft. This violation carries a penalty of up to 20 years in prison. Count five of the indictment charges him with use of a firearm/destructive device during and in relation to a crime of violence, which carries a consecutive mandatory 30 years in prison. Count six of the indictment charges the defendant with possession of a firearm/destructive device in furtherance of a crime of violence, which carries a consecutive mandatory 30 years in prison

"The charges that Umar Farouk Abdulmutallab faces could imprison him for life," said Attorney General Eric Holder. "This investigation is fast-paced, global and ongoing, and it has already yielded valuable intelligence that we will follow wherever it leads. Anyone we find responsible for this alleged attack will be brought to justice using every tool -- military or judicial -- available to our government."

"The attempted murder of 289 innocent people merits the most serious charges available, and that's what we have charged in this indictment," said U.S. Attorney Barbara L. McQuade, U.S. Attorney for the Eastern District of Michigan.

According to the indictment, Northwest Airlines flight 253 carried 279 passengers and 11 crewmembers. Abdulmutallab allegedly boarded Northwest Airlines flight 253 in Amsterdam on Dec. 25, 2009 carrying a concealed bomb. The bomb components included Pentaerythritol (also known as PETN, a high explosive), as well as Triacetone Triperoxide (also known as TATP, a high explosive), and other ingredients.

The bomb was concealed in the defendant's clothing and was designed to allow him to detonate it at a time of his choosing, thereby causing an explosion aboard flight 253, according to the indictment. Shortly prior to landing at Detroit Metropolitan Airport, Abdulmutallab detonated the bomb, causing a fire on board flight 253.

According to an affidavit filed in support of a criminal complaint, Abdulmutallab was subdued and restrained by the passengers and flight crew after detonating the bomb. The airplane landed shortly thereafter, and he was taken into custody by U.S. Customs and Border Protection officers. Abdulmutallab required medical treatment, and was transported to the University of Michigan Medical Center after the plane landed.

This prosecution is being handled by the U.S. Attorney's Office for the Eastern District of Michigan, with assistance from the Counterterrorism Section of the Justice Department's National Security Division.

The investigation is being conducted by the Detroit Joint Terrorism Task Force, which is led by the FBI and includes U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, the Federal Air Marshal Service, and other law enforcement agencies. Additional assistance has been provided by the Transportation Security Administration, the State Department's Bureau of Diplomatic Security, the Wayne County Airport police, as well as international law enforcement partners.

The public is reminded that an indictment contains mere allegations and a defendant is presumed innocent unless and until proven guilty in a court of law.

Wheaton Community Hospital, the City of Wheaton, Minn. and Dr. Stanley Gallagher (collectively WCH) have agreed to pay $846,461 to settle allegations that their hospital admission practices violated the False Claims Act, the Justice Department announced today.

This settlement resolves allegations that WCH knowingly made false claims to Medicare for unreasonable and unnecessary hospital admissions. Specifically, the government contended that, from 1998 to 2004, WCH admitted some patients and kept others admitted to acute care when doing so was not medically necessary. The defendants then billed Medicare for the cost of these hospital admissions.

"Hospitals and doctors have a responsibility to provide patients with reasonable and necessary care. When they neglect those obligations, patients and taxpayers suffer," said Tony West, Assistant Attorney General for the Justice Department's Civil Division.

The allegations against WCH arose from a lawsuit filed in federal court in Minnesota under the qui tam, or whistleblower, provisions of the False Claims Act, which allow private individuals to file civil actions on behalf of the United States and share in any recovery. Dr. Steven Radjenovich, the whisteblower in this case, formerly practiced at Wheaton Community Hospital with Dr. Gallagher. Dr. Radjenovich will receive $203,150 as his share of the settlement with WCH.

Assistant Attorney General West thanked the Justice Department's Civil Division, the U.S. Attorney's Office for the District of Minnesota and the Department of Health and Human Services' Office of the Inspector General for their efforts in handling this investigation and settlement.

Criminal Record Inc. has today announced today the deployment of the fastest and most in-depth criminal records indexing system in the United States

The creators claim it can rival any system produced by the Government for locating offenders and potential offenders.

Today Criminal Record has announced the deployment of powerful new programming, databases and hardware that make conducting a criminal records search anywhere in the United States a much more accurate and painless process.

For years conducting background checks has been problematic in the sense that not every record was covered and quality of data varied greatly in quality plus scope from company to company.

The new system announced by Criminal Record today (code named Raptor) is using a new type of artificial intelligence to collect and parse information from over 3000 U.S. counties and 98 Federal Districts. The new system is then taking that information and attaching it to Social Security Numbers, Dates of Birth, Relatives, Address Histories, Previous Jobs and public records to provider individuals with a much more complete overview.

This application has been in beta for the last 5 months and has preformed beautifully. It is now being released to the general public, private corporations and Government Agencies.

Because this application is web based and can be located at http://www.criminalrecord.net there is no need for a user to download and install software. This solves speed problems along with allowing users to conduct preliminary searches on other individuals in a purely private manner.

The U.S. Chamber Institute for Legal Reform (ILR) announced today the top five vote getters of its 1st Annual Most Ridiculous Lawsuit of the Year Poll. Nominees were drawn from the monthly Most Ridiculous Lawsuit poll winners, chosen by visitors to FacesofLawsuitAbuse.org, a public awareness campaign Web site that aims to show how abusive lawsuits affect small businesses and average families in very real ways.

"While ridiculous lawsuits may be easy fodder for late-night television hosts, they are no laughing matter for the defendants targeted," said ILR President Lisa Rickard.

The top five Most Ridiculous Lawsuits of 2009 are:

5. Neighbor sues woman for smoking in her own home;

4. Double-murderer sues to claim his victims' classic Chevy pickup;

3. Holocaust denier sues Auschwitz survivor, alleging memoir contains "fantastical tales;"

2. Tourist sues hotel, claiming swimming pool got daughter pregnant;

1. Illegal immigrants sue rancher who stopped them on his property at gunpoint and turned them over to the Border Patrol.

Links to the news stories about these lawsuits can be found at: http://facesoflawsuitabuse.org/polls-archive/.

Throughout the year, the monthly and annual polls collectively received more than 50,000 votes.

ILR seeks to promote civil justice reform through legislative, political, judicial, and educational activities at the national, state, and local levels.

When David Goldman applied for the return of his son from Brazil under the Hague Convention for Abducted Children he surely could not have imagined the five-year ordeal that would unfold. On December 23, 2009, two days before Christmas, a federal court in Rio ordered the stepfamily to return Sean Goldman to his father by 9:00 a.m. The stepfamily says that they will no longer fight and it looks like Sean Goldman will finally be returned to his only living parent.

The Hague Convention on the Civil Aspects of International Child Abduction provides for the prompt return of children. Under article 11, if a court decision is not made within six weeks, the court can be required to explain the delay. In the case of Sean Goldman, the mother flew to Brazil in 2004 for what was to be a two-week vacation. She then announced to father, David Goldman, that she would be getting a divorce and would not be returning. In a strange twist, the mother died in childbirth and Sean Goldman was left in the care of his stepfather, who refused to return custody to David Goldman. According to court records, David Goldman filed his application for the return of his son within 50 days of being informed that he would not return. The courts in Brazil did not finally determine the matter until five years later.

Mark Gouras, an attorney with the law firm of Gouras & Amis P.L.L.C. is an expert in the area of international child abductions. Mr. Gouras says, "It is not supposed to be this way under the Hague Convention. The whole point of the Hague Convention is to quickly determine which jurisdiction is the habitual residence and to promptly return that child to that jurisdiction. The Hague Convention specifically states that it is not supposed to be a custody battle. What happened to Mr. Goldman is the exact opposite of what should have happened under the Hague Convention. While the child will ultimately be returned, I can only describe the process of returning this child under the Hague Convention to be a failure."

Brazil became a signatory to the Hague Convention on Parental Abductions on December 1, 2003. In the U.S. State Department's April, 2009 Compliance Report to Congress, Brazil is listed as one of seven countries that are not in compliance with the Hague Convention. "The Hague Convention has been a tremendous tool in the recovery of children abducted by one of the parents, but the whole system envisioned by the treaty breaks down if the court won't promptly return the child," according to Mr. Gouras.

Donald Mathias of Davie, Fla., pleaded guilty today to engaging in sex tourism in the Philippines, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division, Acting U.S. Attorney for the Southern District of Florida Jeffrey H. Sloman and U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton.

Mathias, 64, pleaded guilty before U.S. District Judge William Peter Dimitrouleas in Ft. Lauderdale, Fla., to four counts of traveling in foreign commerce and engaging in illicit sexual conduct. He was indicted on those charges on Oct. 27, 2009.

As part of his plea agreement, Mathias admitted that from 2005 until December 2008, he communicated and arranged with the mother of two minor females located in the Philippines, to travel to the Philippines and engage in sexual conduct with the minors. During this time, Mathias and the mother exchanged hundreds of e-mails regarding sexual activity between Mathias and the minor females, recording those sexual acts with a video camera and making payments to the mother in exchange for the sexual acts.

Mathias admitted that he traveled to the Philippines in April 2007 and again in December 2007, engaged in sexual conduct with the minors on those trips and recorded those acts with a video camera. Mathias also admitted that he made the minors sign a contract in December 2007, requiring the minors to be his sex slaves. Money transfer and e-mail records showed that Mathias sent thousands of dollars to the mother between 2005 and December 2008. Mathias also admitted that he traveled to the Philippines in December 2008 to engage in sexual conduct with the minors again. However, Filipino law enforcement detained Mathias and he was not successful in meeting the minors. On Oct. 14, 2009, the defendant was arrested by U.S. law enforcement in Miami.

As part of the plea agreement, the defendant and the government both agreed to recommend a sentence of 20 years in prison and a lifetime period of supervised release. The defendant also agreed to pay $200,000 in restitution to the victims of his crimes located in the Philippines, and agreed to transfer his real property to the United States in order to satisfy the restitution.

Sentencing has been set for March 2, 2010. At sentencing, Mathias faces a maximum sentence of 30 years in prison, up to a $250,000 fine and the possibility of a lifetime period of supervised release.

This case was investigated by ICE's Office of Investigations in Miami and the U.S. Postal Inspection Service, with assistance from the Philippines Department of Justice. This case is being prosecuted by Trial Attorney Anitha Ibrahim of the Criminal Division's Child Exploitation and Obscenity Section and Assistant U.S. Attorney Marlene Rodriguez of the U.S. Attorney's Office for the Southern District of Florida.

Three Massachusetts men and an Arkansas man were charged today in U.S. District Court in Boston with racketeering conspiracy.

Carmen M. Ortiz, U.S. Attorney for the District of Massachusetts; Jane Duke, U.S. Attorney for the Eastern District of Arkansas; Warren T. Bamford, Special Agent in Charge of the FBI - Boston Field Division; and Thomas J. Browne, Special Agent in Charge of the FBI - Little Rock Field Office, announced today that Ralph F. Deleo, age 66, of Somerville, Mass.; Franklin M. Goldman, age 66, of Randolph, Mass.; Edmond Kulesza, age 56, of Somerville, Mass.; and George Wylie Thompson, age 54, of Cabot, Ark., were charged in an indictment with criminal conspiracy to violate the Racketeer Influenced and Corrupt Organizations (RICO) Act.

The Indictment alleges that Deleo, who was the "street boss" of the Colombo Family of La Cosa Nostra (LCN), directed and controlled the operations of the Deleo Crew, which included but was not limited to Deleo, Goldman, Kulesza and Thompson. According to the indictment, members and associates of the Deleo Crew engaged in the importation, trafficking and distribution of narcotics and controlled substances, including cocaine and marijuana; extortion; loan sharking; and interstate and foreign travel in aid of racketeering. It is alleged that the Deleo Crew operated principally in the areas of Massachusetts, Arkansas, Rhode Island, New York and Florida.

As detailed in the indictment, LCN, also known as the "Mafia," is a criminal organization that operates in various parts of the United States and Canada through entities known as "families." The five most powerful families of LCN are based in New York City. The Colombo Family is one of the five families of LCN in New York. Deleo's alleged membership in, and leadership of, the Colombo Family facilitated the affairs of the Deleo Crew and enhanced the ability of its members to make money by illegal means. Conversely, Deleo allegedly used the criminal activities of the Deleo Crew to increase and maintain his status in the Colombo Family.

This case began in the Eastern District of Arkansas (EDAR) as an investigation into illegal activities involving Thompson and others. The investigation has resulted in two indictments charging Thompson in the EDAR with drug trafficking; illegal possession and sale of firearms, ammunition and silencers; the operation of an illegal gambling business; marriage fraud; and wire fraud scheme involving a local elected official in Arkansas. During the course of the investigation into Thompson in the EDAR, search warrants executed by the FBI and ATF resulted in the seizure of approximately 147 firearms, over 80,000 rounds of ammunition and five illegal silencers. Since Thompson was previously convicted of a felony offense, the pending charges against him include charges of being a felon in possession of these items. (See EDAR Press Releases dated Nov. 16, 2009 and Dec. 2, 2009.)

Shortly after the execution of these warrants, Thompson fled the country. He was eventually apprehended in Bangkok, Thailand and deported to the United States, and is currently in custody awaiting trial in Arkansas. As is set forth in the indictments, while Thompson was out of the United States, he maintained contact with Deleo.

U.S. Attorney Ortiz said, "Each of these defendants and their alleged crimes posed a serious threat to the public. I want to commend the exemplary coordination among law enforcement officials in multiple jurisdictions and agencies for bringing this case to fruition. I would also like to thank and acknowledge the U.S. Attorney's Office for the Eastern District of Arkansas for their assistance in investigating this case."

"The crimes that the defendants are charged with pose a threat to American society. The FBI has made enormous progress against La Cosa Nostra and is not letting up. We will continue to work closely with our law enforcement partners and use all of the tools at our disposal to eliminate the mob's influence," said Special Agent Warren Bamford.

U.S. Attorney for the Eastern District of Arkansas Jane W. Duke commented, "The FBI office in Arkansas, and the U.S. Attorney's Office in Little Rock, worked diligently to bring those charges that took place in Arkansas and to facilitate the pursuit of the broader racketeering charges now being brought in Boston. The fact that our investigation has worked into a much larger scenario involving a significant crime family operating in other parts of the United States is a great example of what can be accomplished when U.S. Attorney's Offices and law enforcement agencies work together to combat crime. We are pleased to be a part of this case."

If convicted on the RICO charge, Deleo, Goldman, Kulesza and Thompson each face up to 20 years in prison, to be followed by three years of supervised release and a $500,000 fine.

The U.S. Attorney's Office would like to acknowledge the cooperation and assistance of the U.S. Attorney's Offices for the Eastern District of Arkansas, the Eastern District of New York, the Southern District of Florida and Organized Crime and Racketeering Section of the Criminal Division of the Department of Justice.

The District of Massachusetts case is being investigated by the FBI's Organized Crime Task Force, which includes representatives of the Boston Police Department, Medford Police Department, Quincy Police Department, Massachusetts Department of Corrections and the Internal Revenue Service. The FBI Task Force was also assisted by the Massachusetts State Police, Somerville Police Department and the Middlesex County District Attorney's Office.

The Eastern District of Arkansas case is being investigated by the FBI - Little Rock Field Office, the Bureau of ATF - Little Rock Field Office and the Arkansas State Police.

The Massachusetts case is being prosecuted by Assistant U.S. Attorneys Timothy E. Moran and Peter K. Levitt of Ortiz's Organized Crime Strike Force Unit. The Eastern District of Arkansas case is being prosecuted by Assistant U.S. Attorney Laura G. Hoey.

The details contained in the indictment are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.