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UK court increases sentence for surgeon who maimed patients
Legal News | 2017/08/04 11:02
Britain's appeals court has increased to 20 years the prison sentence of a surgeon convicted of performing unnecessary operations, leaving scores of patients maimed and some in constant pain.

Ian Paterson falsely told patients they had cancer and performed operations including mastectomies. He was convicted of crimes against 10 patients in May and sentenced to 15 years. Prosecutors believe there were many more victims.

The government challenged the sentence, and three appeals judges agreed Thursday that it was "unduly lenient."

One of the judges, Heather Hallet, said "greed, self-aggrandizement, power" and other possible motives "do not come close to explaining how a doctor can falsely tell a patient he or she has cancer when they have not."

She said the victims "must feel no sentence could properly reflect their suffering."



British cybersecurity expert pleads not guilty to US charges
Court News | 2017/08/02 23:55
A British cybersecurity researcher credited with helping curb a recent worldwide ransomware attack pleaded not guilty Monday to federal charges accusing him of creating malicious software to steal banking information three years ago.

Marcus Hutchins entered his plea in Wisconsin federal court, where prosecutors charged him and an unnamed co-defendant with conspiring to commit computer fraud in the state and elsewhere. Authorities arrested the 23-year-old man on Aug. 2 at McCarran International Airport in Las Vegas, where he was going to board a flight to his home in Ilfracombe, England. He had been in Las Vegas for a cybersecurity convention.

Hutchins is free on $30,000 bail, but with strict conditions. His bond has been modified so that he can stay in Los Angeles near his attorney and travel anywhere in the U.S., but Hutchins is not allowed to leave the country. He is currently staying at a hotel in Milwaukee.

He was also granted access to use a computer for work, a change from an earlier judge's order barring him from using any device with access to the internet. Hutchins' current work wasn't detailed at Monday's hearing. The next hearing in the case was set for Oct. 17.

Hutchins' attorney, Adrian Lobo, hasn't responded to several phone messages left by The Associated Press over the last week.

The legal troubles Hutchins faces are a dramatic turnaround from the status of cybercrime-fighting hero he enjoyed four months ago when he found a "kill switch" to slow the outbreak of the WannaCry virus. It crippled computers worldwide, encrypting files and making them inaccessible unless people paid a ransom ranging from $300 to $600.

Prosecutors allege that before Hutchins won acclaim he created and distributed a malicious software called Kronos to steal banking passwords from unsuspecting computer users. In addition to computer fraud, the indictment lists five other charges, including attempting to intercept electronic communications and trying to access a computer without authorization.

The indictment says the crimes happened between July 2014 and July 2015, but the court document doesn't offer any details about the number of victims. Prosecutors have not said why the case was filed in Wisconsin. The name of Hutchins' co-defendant is redacted from the indictment.


Spanish court backs extradition of Russian programmer to US
Legal News Feed | 2017/08/02 11:03
Spain's National Court has recommended the extradition to the United States of a Russian computer programmer accused by U.S. prosecutors of developing malicious software that stole information from financial institutions and caused losses of $855,000.

Stanislav Lisov, 31, was arrested Jan. 13 in the Barcelona Airport while on honeymoon in Europe. Prosecutors accuse him of developing the NeverQuest software that targeted banking clients in the United States between June 2012 and January 2015.

The Spanish court said Tuesday that Lisov could face up to 25 years in prison for conspiracy to commit electronic and computer fraud. The extradition hearing took place July 20.

The court said its ruling can be appealed by Lisov. The extradition, if finally decided upon, must be approved by the government.


Court complicates Trump's threat to cut 'Obamacare' funds
Legal News Feed | 2017/08/02 11:02
President Donald Trump's bold threat to push "Obamacare" into collapse may get harder to carry out after a new court ruling.

The procedural decision late Tuesday by a federal appeals panel in Washington has implications for millions of consumers. The judges said that a group of states can defend the legality of government "cost-sharing" subsidies for copays and deductibles under the Affordable Care Act if the Trump administration decides to stop paying the money.

Trump has been threatening to do just that for months, and he amped up his warnings after the GOP's drive to repeal and replace "Obamacare" fell apart in the Senate last week. The subsidies help keep premiums in check, but they are under a legal cloud because of a dispute over the wording of the ACA. Trump has speculated that he could force Democrats to make a deal on health care by stopping the payments.

The court's decision is "a check on the ability of the president to sabotage the Affordable Care Act in one very important way," said Tim Jost, professor emeritus at Washington and Lee University School of Law in Virginia, a supporter of the ACA who has followed the issue closely.

Because of the ruling, legal experts said, states can now sue if the administration cuts off the subsidies. Also, they said, the president won't be able to claim he's merely following the will of a lower court that found Congress had not properly approved the money.

The Justice Department had no comment on the decision. The White House re-issued an earlier statement saying, "the president is working with his staff and his Cabinet to consider the issues raised by the...payments."

Trump has made his feelings clear on Twitter. "If ObamaCare is hurting people, & it is, why shouldn't it hurt the insurance companies," he tweeted early Monday.

He elaborated in an earlier tweet, "If a new HealthCare Bill is not approved quickly, BAILOUTS for Insurance Companies...will end very soon!"

In a twist, the appeals court panel seemed to take such statements into account in granting 17 states and the District of Columbia the ability to intervene on behalf of consumers.



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