The BLT: The Blog of Legal Times

D.C. Appeals Court: Assault Victims Don’t Need to Know Attackers to be Entitled to Protection Orders

The District of Columbia Court of Appeals late last week found that under D.C. law, civil protection orders must be available to those who claim they’ve been stalked or sexually assaulted by a stranger.

The Dec. 22 decision reversed a D.C. Superior Court judge’s finding that civil protection orders could only serve as a remedy for stalking or assault victims when the parties had been “intimate” partners, or had been in an “interpersonal…or intrafamily” relationship.

According to the appeals judges’ decision, the case in question began when “A.R.” filed a petition for a civil protection order in the Domestic Violence Unit of D.C. Superior Court in February of this year. A.R. claimed that “F.C.,” a friend of her ex-boyfriend, had sexually assaulted her.

The trial did not rule on the substance of A.R.’s claims. Rather, the judge found that as a matter of law, there was “no relationship that would make this an appropriate matter for the Domestic Violence Court.”

The appellate panel—including Court of Appeals Judge John Fisher, writing on behalf of Judge Anna Blackburne-Rigsby and Senior Judge Theodore Newman—found that two portions of the D.C. Code, read together, made it clear that the trial judge’s decision needed to be reversed.

The appeals panel concluded that the trial judge misread the law. The panel found that the law was worded badly, and that the D.C. Council had meant to make it clear that the petitioner could be any person who alleged stalking, sexual assault or sexual abuse—not necessarily a romantic partner or family member of the alleged abuser.

“Because [two provisions in the D.C. Code] in combination make civil protection orders available to persons who allege stalking, sexual assault, or sexual abuse but have no prior relationship with the alleged offender, we reverse and remand for further proceedings,” the panel found.

The alleged offender, F.C., represented himself pro se and is unnamed in court papers. The D.C. attorney general’s office, which is representing A.R., said they were pleased with the appellate ruling.

“We applaud the court of appeals’ opinion, which held that victims of sexual assault, sexual abuse, and stalking are entitled to such protections under the terms of the statute,” the office said in a statement, “without regard to their relationship with the perpetrator, ensuring that these victims will have a forum to pursue civil orders protecting them from further contact with the assailant.”

—Zoe Tillman contributed to this report

King & Spalding Ends its Lobbying for Healthcare Distribution Group

Updated 3:17 p.m.

The Washington office of King & Spalding received $50,000 to lobby on behalf of the Healthcare Distribution Management Association during the final quarter of 2011, according to congressional lobbying disclosure records filed late last week. The records noted that the law firm, as of Dec. 23, had ended its lobbying for the health care group.

The health care group is the national association representing primary health care distributors. According to its Web site, member businesses store nearly 56,000 prescription medicines and other health care products, from about 1,100 different manufacturers, in their facilities before they’re sent out to pharmacies.

According to congressional records, King & Spalding partner Patrick Morrisey had advocated on behalf of the Arlington, Va.-based trade group on various issues, including the implementation of “Average Sales Price (ASP) Methodology,” and the exclusion of prompt pay discounts from the ASP.

The ASP refers to a payment mechanism to reimburse health care providers under Medicare.

A congressional lobbying database notes that King & Spalding began lobbying for the health care group in 2010. In that time, the group has paid the firm about $250,000 for its advocacy work.

According to Morrisey, the firm’s 18-month contract with the health care group recently ended. The work ended by mutual agreement, he said, and on good terms.

A representative of the health care group said the group had no comment on the split with King & Spalding.

A few other law firms and lobby shops—including Brown Rudnick; Arent Fox; Olsson Frank Weeda Terman Matz; and lobby groups C2 Group and Tarplin, Downs & Young—also have been lobbying for the health care group at various times over the past five years, the database shows.

This Week in The National Law Journal

Rocky Road: The Consumer Financial Protection Bureau in 2011 was off to a docile and crippled start, reports Jenna Greene, in large part because of the blocked nomination of the agency's would-be head, Richard Cordray.

Furious With Holder: Operation Fast and Furious, the botched gun-trafficking probe, was the biggest flap Attorney General Eric Holder Jr. had to deal with in 2011, Mike Scarcella reports. Other DOJ controversies subsided over the course of the year, but Fast and Furious never did.

The Supremes: 2011 may be remembered as the calm before the storm for the U.S. Supreme Court, write Tony Mauro and Marcia Coyle. In 2012, the Court has agreed to hear high-profile cases stemming from the Affordable Care Act, redistricting in Texas and Arizona's tough immigration law, among others.

Downward Trend: Law schools faced a tough 2011, according to Karen Sloan. Among other things, they admitted goosing admittance numbers; defended themselves against fraud lawsuits; and saw applications to American Bar Association-accredited law schools drop by 10 percent.

The Morning Wrap

Wealth Gap: The Washington Post reports that between 1984 and 2009, the median net worth of a member of the U.S. House of Representatives more than doubled, from $280,000 to $725,000, not counting home ­equity.

Bang, Bang: After decades of efforts by the gun lobby to loosen state legal restrictions, it's easier than ever to carry a handgun in public in the U.S., according to a story in The New York Times. Guns are being allowed in bars, college campuses and houses of worship, all places that were once off-limits.

Going Rogue: The Wall Street Journal reports that the Securities and Exchange Commission has drawn up a new list of 100 "most wanted" hedge funds. The agency claims the funds' performance seem "too good to be true."

Hacking Cough: The computer-hacker group called "Anonymous" has struck again—this time attacking a security think tank called Stratfor, according to The Wall Street Journal. The hackers stole thousands of credit card numbers belonging to clients of the U.S.-based think tank.

SEC, Other Agencies Settle with GE Funding in Securities Fraud Case

The Securities and Exchange Commission on Friday charged GE Funding Capital Market Services, a unit of General Electric Co., with securities fraud, in a case that resulted in two settlements totaling about $70 million.

A top D.C. antitrust lawyer negotiated the settlements, including one between GE Funding and the SEC for $25 million, and another between GE Funding and the Antitrust Division of the Justice Department, the Internal Revenue Service, and a coalition of 25 state attorneys general for just over $45 million.

William Baer, partner and chair of Arnold & Porter’s antitrust and competition practice, helped GE Funding settle charges that the company engaged in anticompetitive conduct in the municipal bonds investment market, according to a Dec. 23 letter to Baer from Acting Assistant Attorney General Sharis Pozen. Baer declined to comment for this story.

As part of the settlement, GE Funding admitted responsibility for manipulations of the bidding process of municipal bond reinvestments that took place between August 1999 and October 2004. GE Funding won numerous bids by obtaining information on rivals’ bids and either lowered their bid to increase their profit or raised the bid to edge out the competition.

“Our in-depth investigations have uncovered pervasive corrupt practices in the municipal securities reinvestment market, and we are requiring financial firms one by one to step up and pay the price for their misconduct,” Robert Khuzami, director of the SEC’s Division of Enforcement, said in a written statement.

Feds In D.C. Charge Accountant With Lying To SEC

Updated 1:48 p.m.

Federal prosecutors in Washington have charged a Texas-based accountant with concealing information from securities regulators during an investigation about his role in a corporate audit.

Prosecutors filed a one-count information against Bryan Polozola, 37, in U.S. District Court for the District of Columbia charging him with making a false statement to a U.S. Securities and Exchange Commission attorney.

An assistant U.S. attorney, Mary Chris Dobbie, who specializes in fraud and public corruption cases, said in charging documents (PDF) that Polozola “told SEC enforcement attorneys that he was not aware of a $49,350 payment made on his behalf to his former employer” rooted in an earlier disciplinary proceeding.

In April 2005, the enforcement department of the National Association of Securities Dealers filed a disciplinary action against Polozola. Polozola settled the case without admitting or denying the allegations. More background here.

Polozola in 2001 was a financial and operations principal with E*Trade Professional Trading LLC. Investigators said Polozola on at least four occasions in 2003 authorized wire transfers totally $49,350 from E*Trade’s bank account to a personal bank account. Polozola was barred from associating with any NASD member firm in any capacity.

Earlier this year, Polozola was terminated from BDO USA, where he had made partner in July 2010 in the firm's Dallas office.

“Bryan Polozola was employed at BDO from March 2008 to September 2011, when he was terminated for conduct that occurred prior to his employment with BDO,” the statement said.

Brownstein Lobbyist Black Elected to Nonprofit Board Post

A lobbyist in Brownstein Hyatt Farber Schreck's Washington office has been elected secretary of the board of directors for a nonprofit organization that works to increase citizen involvement in elections throughout the world, the firm announced this week.

Judy Black, a Brownstein policy director, will help the International Foundation for Electoral Systems with its strategic direction as a member of the executive committee of its board of directors. She has been a board member since 1998.

Black didn’t immediately respond to requests for comment.

During the past three decades, the lobbyist has held leadership positions at several groups, including the National Federation of Republican Women, the National Osteoporosis Foundation and the American Council of Young Political Leaders, a nonprofit organization that provides cultural exchange programs for young adults.

She also has had an active role in GOP presidential campaigns, serving as secretary for the Republican National Convention in 1984 and as co-chairwoman of Women for McCain in 2008.

Appeals Court Affirms Conviction in Murder of Metro Cop

In a split decision (PDF), the District of Columbia Court of Appeals upheld the conviction of Walter O. Johnson in the death of Metro Transit Police Officer Marlon Morales, finding that police did not frisk Johnson in violation of his constitutional rights.

Morales was killed while on duty inside the U Street Metro rail station in 2001. A District of Columbia Superior Court jury convicted Johnson of first degree murder in May 2004. Johnson's attorneys argued for a new trial, based on what they believed was an unconstitutional frisk, as well as recanting of testimony by a prosecution witness.

The three-judge appellate panel heard oral arguments on the frisk on Oct. 5. Several days after Morales was fatally shot in June 2001, police in Philadelphia found Morales’ service weapon in Johnson’s pant leg after an encounter with him during a traffic stop. After Johnson did not obey police orders to keep his hands on his car, a struggle ensued and police recovered the gun.

Johnson’s attorney, Alice Wang of the D.C. Public Defender Service, argued that prosecutors failed to prove that the police had a reasonable suspicion that Johnson was “armed and dangerous” when they began the frisk. Senior Judge Theodore Newman, writing for the majority, agreed with the trial judge that police did have reason to suspect Johnson.

After running the tags on the car Johnson was driving, they saw that the car was in “try and locate” status, meaning the owner had reported it missing. That the car might be stolen would be enough for police to have reason to suspect Johnson, but, as Newman wrote, there were other factors as well.

“During the police pursuit Johnson seemed reluctant to stop his car and appeared 'hyper'-nervous. Once he stopped the car, he twice tried to step out of it despite orders to remain inside,” Newman wrote. He wrote later that, “The police, in short, were not obliged to take the risk that a person potentially subject to arrest for felony theft had on his person the means – a weapon – of preventing his apprehension for a serious crime.”

The Morning Wrap

Caved: House Republicans have agreed to a two-month extension of the payroll tax holiday, caving under pressure from party leaders, The New York Times reports. The House Republicans' stand divided the party. One Republican strategist said President Obama won a "nice tactical victory to end the year." Congress is expected to vote on the tax cut today.

Approved: The Federal Communications Commission has approved AT&T's $1.9 billion purchase of wireless airwaves from Qualcomm. The Washington Post said the FCC voted 3-1 to approve the deal. The lone commissioner against the purchase said the deal gives Verizon and AT&T too much dominance in the market.

Rejected: The U.S. Court of Appeals for the 9th Circuit has rejected claims brought by plaintiffs who are challenging Barack Obama's eligibility to serve as president, The Recorder reports. A three-judge panel unanimously said the plaintiffs, who include 2008 presidential candidate Alan Keyes, lack legal standing to sue.

Alleged: Prosecutors contend Pfc. Bradley Manning collaborated with WikiLeaks founder Julian Assange to steal hundreds of thousands of documents from classified computer systems. Manning's defense attorney, David Coombs, said prosecutors overcharged Manning in the hope to convince him to accept a plea.

Attracted: The New York Times reports Turkey's political stability and economic growth is attracting cash-rich companies that are eager to make deals. Deal volume has topped more than $10.6 billion so far this year.

Judge Dismisses Lawsuit Brought by Former Gitmo Detainee

Updated 5:29 p.m.

A federal judge in Washington on Thursday tossed out the lawsuit of a former Guantanamo Bay detainee seeking damages for the alleged physical and psychological abuse he was subjected to at the U.S. military base.

U.S. District Judge for the District of Columbia Judge Richard Leon dismissed the suit of Syrian national Abdul Rahim Abdul Razak Al Janko on the grounds that “Congress has specifically barred the Judicial Branch from reviewing ‘any aspect of the detention...treatment...or conditions of confinement of an alien who is or was detained by the United States and has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.’”

Leon wrote in his opinion that any attempt to circumvent the will of Congress “would be an utter disregard of the limitations of our judicial power.”

Al Janko was captured by U.S. forces in Afghanistan and transferred to Gitmo after he was mistaken for an al Qaeda suicide martyr.

In his complaint, Al Janko said that during his seven-year detention at the U.S. military base, he was subjected to inhumane treatment that included striking his forehead; threatening to remove his fingernails; sleep deprivation; exposure to very cold temperatures; humiliation; and “rough treatment.” It was this treatment, Al Janko said, that drove him to attempt suicide 17 times.

Al Janko filed a petition for writ of habeas corpus in 2005 and was released in 2009 after Leon granted his petition and signed his release.

“War, by its very nature, victimizes many of those caught in its wake,” Leon wrote. “Innocent civilians are invariably killed, and sometimes even mistakenly imprisoned. Our legal system was never designed to provide a remedy in our Courts for these inevitable tragedies, especially in a conflict like this where terrorists cunningly morph into their surroundings.”

Photo by The National Law Journal's Diego M. Radzinschi.