Weekly Briefs: Ex-officer pleads guilty in Breonna Taylor case; ex-BigLaw partner can’t shield 401(k) cash
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Ex-officer pleads guilty in Breonna Taylor case
Former Louisville, Kentucky, detective Kelly Goodlett pleaded guilty to a federal conspiracy charge Tuesday for helping falsify an application for a warrant to search the home of Breonna Taylor, who was shot and killed by police in a 2020 raid at her home. Three other officers are also charged in the case. (Reuters, the Washington Post, the New York Times)
Ex-Katten partner must use 401(k) accounts for restitution
A former BigLaw lawyer can’t shield his retirement accounts from a $10.4 million restitution order, according to the 2nd U.S. Circuit Court of Appeals at New York. The court ruled Aug. 24 in the case of Evan Greebel, who was convicted for conspiracy to commit wire and securities fraud in connection with his representation of convicted drug company CEO Martin Shkreli. Greebel had been accused of helping Shkreli pay off investors who lost money in his hedge funds with assets from Retrophin, the company for which Greebel was outside counsel. The 2nd Circuit said the Mandatory Victims Restitution Act gave prosecutors the authority to seize most of the $921,000 in Greebel’s 401(k) accounts at Katten Muchin Rosenman, where Greebel was an income partner, and at Fried, Frank, Harris, Shriver & Jacobson, where Greebel formerly worked as an associate. The court remanded for a determination whether a 10% tax penalty applied and whether that amount should be set aside. (Law360, Bloomberg Law, Reuters, the 2nd Circuit’s decision)
2 men convicted in plot to kidnap Michigan governor
Two men were convicted in federal court Tuesday in a 2020 plot to kidnap Democratic Michigan Gov. Gretchen Whitmer as part of a plan to start a civil war. Jurors deadlocked on charges against Barry Croft Jr. and Adam Fox in a previous trial while acquitting two others. Defense lawyers had argued that Croft and Fox were entrapped by undercover officers. (The Washington Post, the New York Times)
5th Circuit reinstates suit seeking tuition refund for online courses
The 5th U.S. Circuit Court of Appeals at New Orleans has reinstated a breach-of-contract lawsuit seeking refund of tuition and fees from Baylor University in Texas for hosting online classes during the COVID-19 pandemic. The appeals court said a trial judge should consider whether an agreement requiring Baylor University to provide “educational services” meant that the school had to go “above and beyond basic academic instruction.” The court upheld the dismissal of an unjust enrichment claim, however. The case filed by plaintiff Allison King is one of several seeking tuition refunds, according to Law.com. So far, decisions have been mixed. (Law.com, KWTX)
