New Subpoenas Issued In John Edwards Campaign Probe

Federal prosecutors have issued a new round of subpoenas in their probe of John Edwards' campaign finances -- giving the investigation seemingly stalled for a year fresh signs of life, the Associated Press reported.

Lawyer Wade Smith told the AP that he learned from other attorneys and sources that several new subpoenas were issued, but declined to discuss who received the subpoenas or what those subpoenas were seeking. Smith did not immediately return a message left by TPMMuckraker, and Justice Department spokeswoman Laura Sweeney said the department was declining comment.

But according to CNN Producer Raelyn Johnson, prosecutors are casting net "much wider than they did a year ago."

"They're talking about people who were schedulers, staffers, small-time staffers, including very, very big people involved with the campaign," she said Thursday.

Edwards, who ran for president in 2004 and 2008, admitted in 2008 that he'd had an affair with Rielle Hunter, a videographer on his campaign -- though, initially, his former aide Andrew Young announced he was the father of Hunter's child. Earlier this year, Edwards publicly admitted for the first time that he fathered Hunter's child and Edwards and his wife Elizabeth separated after 30 years of marriage.

The feds are looking at whether the Edwards campaign used funds to cover up his affair. Hunter and Young made appearances at a federal courthouse in Raleigh, N.C. last year to testify before a grand jury. Young said he did not receive a subpoena this time around.

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UNC DT Marvin Austin Hit With Subpoena

As UNC football recovers from a thrilling but disappointing debut against LSU and prepares for the upcoming showdown with Georgia Tech, defensive tackle Marvin Austin continues to come under scrutiny for his contact with agents.

Investigators from the office of N.C. Secretary of State Elaine Marshall subpoenaed Austin last week as part of their investigation into the sports agents around the program and potential violations of state laws governing agents. Marshall’s office has not commented other than to say that the investigation is ongoing.

Austin was indefinitely suspended from the UNC football team last week for an unspecified violation of team rules. In a press release from the football program, head coach Butch Davis said that Austin had “neglected his responsibilities to the team.”

The press release stressed that the suspension was not linked to the NCAA investigations into the football program.




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Judge Squashes Cuccinelli Subpoena of U-Va. Records

An Albemarle County Circuit Court judge has set aside a subpoena issued by Virginia Attorney General Ken Cuccinelli to the University of Virginia seeking documents related to the work of climate scientist and former university professor Michael Mann.

Judge Paul M. Peatross Jr. ruled that Cuccinelli can investigate whether fraud has occurred in university grants, as the attorney general had contended, but ruled that Cuccinelli's subpoena failed to state a "reason to believe" that Mann had committed fraud.

The ruling is a major blow for Cuccinelli, a global warming skeptic who had maintained that he was investigating whether Mann committed fraud in seeking government money for research that showed that the earth has experienced a rapid, recent warming. Mann, now at Penn State University, worked at U-Va. until 2005.

According to Peatross, the Virginia Fraud Against Taxpayers Act, under which the civil investigative demand was issued, requires that the attorney general include an "objective basis" to believe that fraud has been committed. Peatross indicates that the attorney general must state the reason so that it can be reviewed by a court, which Cuccinelli failed to do.

Peatross set the subpoena aside without prejudice, meaning Cuccinelli could give the subpoena another try by rewriting the civil demand to better explain the conduct he wishes to investigate. But the judge seemed skeptical of Cuccinelli's underlying claim about Mann, noting that Cuccinelli's deputy maintained in a court hearing that the nature of Mann's fraud was described in subsequent court papers in the case.

"The Court has read with care those pages and understands the controversy regarding Dr. Mann's work on the issue of global warming. However, it is not clear what he did was misleading, false or fraudulent in obtaining funds from the Commonwealth of Virginia," Peatross wrote.

Additionally, the judge said Cuccinelli could only ask about one of five grants issued to Mann that the attorney general has been seeking to investigate. That's because the other four involved the use of federal, not state, funds.

In a statement, Cuccinelli said he will take the judge's ruling into account and rewrite the civil investigative demand. Spokesman Brian Gottstein said Cuccinelli is also examining the ruling to decide whether to appeal.

"While this was not an outright ruling in our favor, I am pleased that the judge has agreed with my office on several key legal points and has given us a framework for issuing a new civil investigative demand to get the information necessary to continue our investigation into whether or not fraud has been committed against the commonwealth," he said.

Mann, meanwhile, said he was pleased with the judge's ruling.

"I'm very pleased that the judge has ruled in our favor," he said in a statement. "It is a victory not just for me and the university, but for all scientists who live in fear that they may be subject to a politically-motivated witch hunt when their research findings prove inconvenient to powerful vested interests.


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Johnson and Johnson Discloses More Subpoenas Over Consumer Recalls

TRENTON, N.J. — Johnson and Johnson disclosed Wednesday that the health products giant has now received multiple subpoenas from federal prosecutors related to repeated recalls of Tylenol and other consumer health products.

The grand jury subpoenas request "documents broadly relating to" both the recent recalls of products made by McNeil Consumer Healthcare and inspections of two of the unit's factories.

One of the plants, in the Philadelphia suburb of Fort Washington, Pa., has been shut down since April due to multiple problems and is expected to remain shut until at least next summer.

The other, in Lancaster, Pa., is operated by a joint venture called Johnson & Johnson/Merck Consumer Pharmaceuticals Co. Food and Drug Administration inspectors noted many severe problems after spending a dozen days there, from not following rules for manufacturing quality to poor record-keeping.

Johnson & Johnson mentioned the grand jury subpoenas, filed by the U.S. Attorney's Office in Philadelphia, in its quarterly financial filing with the Securities and Exchange Commission.

The disclosure follows one made by a company official on July 20, when J&J reported its second-quarter results, that it had received a single subpoena related to the recalls. J&J gave no details about that subpoena at the time, but said that the recalls and plant closure would cost the company $600 million this year alone.

The maker of Band-Aids, birth control and biotech drugs said it is cooperating with the U.S. Attorney's Office in responding to the subpoenas.

"The company and its subsidiaries are vigorously contesting the allegations asserted against them and otherwise pursuing defenses to maximize the prospect of success," J&J said in the quarterly filing.

Those allegations also include demands for documents from "multiple State Attorneys General Offices relating to the same issues," according to the SEC filing. The filing also noted that multiple lawsuits seeking class-action status have been filed against the company related to the recalls. The company gave no further details.

Company officials declined further comment.

Patricia Hartman, spokeswoman for the U.S. Attorney in Philadelphia, said she could neither confirm nor deny any investigation.

New Brunswick, N.J.-based J&J has been under scrutiny by Congress, FDA officials and others for eight recalls since September covering tens of millions of bottles of pain reliever Tylenol and other popular nonprescription medicines. That includes some liquid medicines for children.

The series of recalls covered products made at the Fort Washington plant and another in Las Piedras, Puerto Rico. They have involved problems ranging from contamination with bacteria and a nauseating smell on containers to possible problems with the wrong amount of active ingredient and liquid medicines that may contain tiny metal shavings.

In May, an FDA official told Congress the agency had turned the case over to its Office of Criminal Investigations. No one has been charged.

The Fort Washington factory makes nonprescription pain relievers, allergy medicine, sleeping pills and heartburn tablets. The recalled products include liquid Tylenol for infants and children, Tylenol arthritis caplets, Motrin, Benadryl, Rolaids, St. Joseph's aspirin and Simply Sleep.

The manager of the Fort Washington plant has since been fired, 300 of the 400 workers there will lose their jobs shortly and the fiasco led Johnson & Johnson to sharply reduce its 2010 profit forecast.

Then a July 21 FDA report on inspections at the Lancaster, Pa., factory in the past month indicates a pattern of ignoring rules for manufacturing and quality, failure to investigate problems that could affect the composition of products, carelessness in cleaning and maintaining equipment, and shoddy record-keeping. In some cases, medicine batches made during equipment failures were not checked for quality. That factory makes nonprescription heartburn medicines Mylanta and Pepcid, plus Imodium for diarrhea.

In trading Wednesday, shares fell down 93 cents, or 1.6 percent, to $58.50, as the broader markets also declined.

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Subpoena for Toyota Over Defects in Steering

A federal grand jury in New York has subpoenaed Toyota Motor, seeking information on steering-related defects in its vehicles. The move could widen an investigation into the automaker’s handling of a recall in 2005.

In a short filing on Tuesday with the Tokyo Stock Exchange, Toyota said the subpoena, received by subsidiaries in the United States on June 29, had demanded documents about defects in steering relay rods in the company’s cars.

Toyota intended to “cooperate earnestly” with investigations, the filing said. Toyota had already received two subpoenas this year, one from a grand jury in February for documents related to sudden acceleration and braking and one from the Michigan attorney general in March for information on recalls.

It was not immediately clear what defects — or which models or production years — the latest subpoena concerned. Ririko Takeuchi, a spokeswoman for Toyota based in Tokyo, said the automaker was still clarifying details of the subpoena.

Earlier this year, American regulators said they were investigating a 2005 Toyota recall — for a steering-related problem in vehicles including 4Runners — in connection with a possible breach of rules for alerting the authorities about flaws.

The Transportation Department said in May that it was investigating the timing of the September 2005 recall for steering relay rod defects after an October 2004 recall in Japan for the same flaw. Under American law, carmakers have five days to report safety problems to regulators.


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War Crimes Court Orders Naomi Campbell to Testify

(CNN) -- A war crimes tribunal served a subpoena on supermodel Naomi Campbell Thursday, ordering her to testify in the trial of former Liberian President Charles Taylor.

The court ordered her to appear July 29 to testify or "show good cause why" she cannot.

If she fails to comply she could face a prison term of up to seven years, a fine of about $500, or both, the subpoena says.

Campbell's lawyer, Gideon Benaim, had no immediate response, his secretary said.

Prosecutors asked the court in May to order the supermodel to testify about allegations she got a "blood diamond" from Taylor, and requested permission to reopen their case against him.

The court granted both requests this week.

Read the subpoena -- PDF

Taylor faces war crimes charges over a brutal conflict in Sierra Leone which was fueled by rough diamonds, also known as blood diamonds or conflict diamonds.

The prosecution -- which rested in February of last year -- asked to reopen their case specifically in order to call Campbell, as well as actress Mia Farrow and a witness named Carole Taylor, court papers show.

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Connecticut AG Subpoenas Craigslist Over Prostitution Ads

Connecticut Attorney General Richard Blumenthal said Monday that he has issued a subpoena to craigslist Inc. seeking information on whether it's fulfilling its promise to crack down on ads for prostitution in its adult-services section.

In a statement Monday, Blumenthal said the ads have persisted despite a commitment in 2008 by the classified advertising website to crack down on those ads and he wants to know whether craigslist is profiting from those ads.

"The craigslist brothel business seems booming--belying its promise to fight prostitution," Blumenthal said. "We are asking craigslist for specific answers about steps to screen and stop sex-for-money offers--and whether the company is actually profiting from prostitution ads that it promised the states and public that it would try to block. We're seeking answers, so we can reach legal conclusions."

Blumenthal, in part, is seeking documents related to craigslist's manual review process for potentially objectionable ads, information on the ads that are eliminated or rejected and communications from law enforcement regarding ads and craigslist's response.

In November 2008, craigslist reached an agreement with Connecticut and 39 other states to crack down on prostitution ads, including requiring posters of adult-services ads to give a working phone number and pay a fee with a valid credit card. The website also agreed to provide information in response to law-enforcement subpoenas.

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Blagojevich Wants Obama to Testify at Trial

Former Illinois Gov. Rod Blagojevich has asked a federal judge to subpoena President Barack Obama to testify at his corruption trial this June.

In a motion filed Thursday, Mr. Blagojevich contends that "President Obama has direct knowledge to allegations made in the indictment."

Mr. Blagojevich has pleaded not guilty to charges that he plotted to sell the Senate seat left vacant by Mr. Obama after he was elected president.

In the 11-page motion, Mr. Blagojevich's attorneys say that Mr. Obama has said no representatives of his had anything to do with alleged deals for the Senate seat. Those statements "contradict the testimony of an important government witness," according to the motion.

The alleged contradictory information had been redacted in Thursday's filing.

Mr. Obama is "the only one who can say if emissaries were sent on his behalf, who those emissaries were, and what, if anything, those emissaries were instructed to do on his behalf," the motion says.

Mr. Blagojevich contends that Mr. Obama may also have pertinent information about Antoin "Tony" Rezko, a government witness in the trial, who was found guilty in 2008 on charges of bribery fraud and money laundering but has not yet been sentenced.

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Human Rights Watch Fights Subpoenas in Genocide Case

Human Rights Watch and a former researcher are fighting subpoenas from a Kansas man accused of participating in genocide in Rwanda, arguing their research notes and informants' identities are protected by the First Amendment and reporters' newsgathering privileges.

The international human-rights organization filed a motion on April 5 seeking to quash subpoenas issued to it and Timothy Longman, the former director of its field office in Rwanda. Longman, now director of Boston University's African Studies Center, is the government's expert witness on Rwanda in the Kansas case.

Lazare Kobagaya, 83, is charged in federal court in Wichita with fraud and unlawfully obtaining U.S. citizenship in 2006. The government has said its prosecution of Kobagaya is believed to be the first in the U.S. involving proof of genocide. His trial is set for Oct. 12. He faces deportation if convicted.

An estimated 500,000 to 800,000 people were killed in ethnic violence in Rwanda between April and July 1994.

The Justice Department alleges in its 2009 indictment that Kobagaya lied during naturalization proceedings in Wichita, claiming he lived in Burundi from 1993 to 1995. It claims he was in Rwanda in 1994 and participated in the slaughter of hundreds of people.

The subpoena issued to Human Rights Watch seeks research done for a 1999 report, "Leave None to Tell the Story: Genocide in Rwanda," including a chapter on Nyakizu, Rwanda, where some of Kobagaya's alleged crimes occurred. The subpoena sent to Longman also seeks any additional material relating to his expert testimony.

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Under Subpoena, Oklahoma Killer Lester Hobbs’ Kin Finally Reveal Past of Threats

In the abduction case of Aja Johnson, where every minute possibly meant the difference between life and death, the relatives of her abductor proved "uncooperative,” investigators said.

Five of Lester Hobbs’ relatives refused to take polygraph tests, said Richard Goss, Oklahoma State Bureau of Investigation agent in charge. Those relatives were forced by subpoena to appear in Comanche County court on March 26 for questioning behind closed doors.

District Attorney Fred Smith and two of his assistants conducted the questioning. Among those questioned was Mildred Anderson of Geronimo — Hobbs’ sister and matriarch of the family, Smith said.

"There was some unusual conduct that raised some red flags for the OSBI, so they requested the polygraphs to clear up a few matters,” Smith said. "They initially agreed to take the polygraph tests, but then failed to show up. Then they refused ... at that point OSBI began to see them as uncooperative.

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Media Fight Reporter's Subpoena in Deputy Shooting Case

The attorney general's decision to subpoena Deseret News reporter Pat Reavy in connection with the Jan. 5 shooting death of Millard County Sheriff's Deputy Josie Greathouse Fox is a case of misplaced frustration, according to an attorney seeking to quash the subpoena on behalf of the Deseret News , The Salt Lake Tribune and other news media.

At issue is a Jan. 20 story Reavy wrote after obtaining a search warrant issued to Salt Lake City police in their efforts to locate two suspects in the shooting after they fled Millard County.

Police released the search warrant -- which revealed new information about the man suspected in the shooting, Roberto Miramontes Roman -- after Reavy filed a Government Records Access Management Act request.

Now prosecutors want to question Reavy about "his decision to publish the contents of our sealed search warrant ..." according to a March 17 e-mail from Assistant Utah Attorney General Pat Nolan to media attorney Jeffrey Hunt.

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20 Doctors Subpoenaed in Corey Haim Death Probe

The Los Angeles County coroner's office has subpoenaed medical records from 20 doctors in its investigation into actor Corey Haim's death, a coroner investigator said.

Haim, who died earlier this month, obtained drugs using prescriptions written under the names of these doctors in the past year, Los Angeles County Deputy Coroner Ed Winter told CNN Friday.

California drug investigators found evidence that Haim, who fought a decades-long battle with drug abuse, used at least one fake prescription to obtain a narcotic in the months before he died, Attorney General Jerry Brown said last week.

The coroner is waiting for toxicology results before deciding if drugs were involved in the death of the 1980s teen movie actor, Winter said. Those test results are several weeks away, Winter said.

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Subpoenas possible in Analysis of Pittsburgh Snowstorm Response

A Pittsburgh councilwoman said Wednesday she may try to subpoena some city officials to discuss the cleanup of last month's snowstorms.

Councilwoman Natalia Rudiak is awaiting responses from Public Safety Director Michael Huss, Fire Chief Darryl Jones and Ray DeMichiei, deputy director of emergency management, about attending one-on-one meetings with the task force she oversees to review the snow cleanup. EMS Chief Robert McCaughan has declined his invitation to meet with the task force, Rudiak said.

"I was told that Huss directed them not to attend," said Rudiak, who represents Beechview, Bon Air, Brookline Carrick and Overbrook. "It's frustrating. ... The point is not to play to the blame game, be overtly political, or have a witch hunt."

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Court Orders Frozen Food Giant Schwan’s to Comply with EEOC Subpoena in Sex Bias Case

In a ruling issued late on March 8, 2010, Magistrate Judge Janie S. Mayeron of U.S. District Court for the District of Minnesota ordered the Minnesota-based frozen food delivery company Schwan’s Home Service to comply with a federal government subpoena by March 29, 2010. The subpoena, issued by the U.S. Equal Employment Opportunity Commission (EEOC) pursuant to an investigation of a charge of sex discrimination filed by former Schwan’s employee Kim Milliren, seeks personnel information about persons employed as general managers at Schwan’s facilities nationwide from January 1, 2006 to the present.

The EEOC filed its subpoena enforcement proceeding on October 5, 2009 (EEOC v. Schwan’s Home Service, Misc. Case No. 09-84 (JRT/JSM)) after first giving Schwan’s several opportunities to provide the requested information voluntarily, which would have allowed the investigation to remain confidential. In opposing the EEOC’s enforcement of the subpoena, Schwan’s accused the EEOC of pursuing a “fishing expedition” and suggested that the EEOC may be engaging in misconduct.

On July 3, 2007, the EEOC’s Minneapolis Area Office received a charge filed under Title VII by Milliren, alleging that she was discriminated against on the basis of gender and subjected to sexual harassment and retaliation during her employment with Schwan’s Home Service. Milliren was selected to participate in Schwan’s General Manager Development Program, a training program that trains candidates to be location general managers at its warehouse depots throughout the country. Since that time, the EEOC has been investigating whether Milliren and other women were subjected to sex discrimination in the General Manager Development Program.

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Subpoenaed Kansas Reporter Loses Job

A Kansas reporter who previously fought to keep a confidential source from local prosecutors has now lost her job.

Reporter Claire O’Brien was terminated last week from her position at the Dodge City Daily Globe after a subpoena battle last month that ended when a criminal defendant accepted a plea deal. County prosecutors had been seeking testimony about O’Brien’s interview with the defendant and the identity of a source she quoted in her story about the case.

The company that owns the Globe, GateHouse Media, and O’Brien appealed the subpoena up to the Kansas Supreme Court and lost. After O’Brien was held in contempt for failing to appear in court, which she said today was “a stupid mistake,” the confidential source revealed his identity to the prosecutors, which allowed her to not testify about him in a private court proceeding known as an inquisition.

O'Brien testified with an independent attorney about her interview with the defendant and said she basically corroborated the information that had already been published.

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700 High School Student's Records Subpoenaed After Grade Tampering Scheme

POTOMAC, Md. - A high school principal will be front and center at a community meeting Monday night after students were allegedly involved in a grade tampering scheme.

Churchill High School Principal Joan Benz says the purpose of the meeting will be to update the community on the status of the investigation and provide information on what security measures are being taken to protect student data.

At least eight students are under scrutiny, suspected of stealing teachers' passwords to change the grades of 54 students. Nearly 700 student records have been subpoenaed.

Montgomery County School Board President Pat O'Neill says she couldn't remember another cheating scandal this "widespread."

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Jay-Z & Russell Simmons Subpoenaed Over Racetrack/Casino Bids

According to published reports, subpoenas were issued yesterday (March 2) by the state's Inspector General's Office, which is working with the US Attorney's office as part of a federal investigation into the Aqueduct Racetrack.

Jay-Z, Russell Simmons and The Reverend Floyd Flake are expected to be among the first twelve served in the month long investigation which accuses Gov. Paterson of awarding the contract to AEG in order to gain political support from the company's investors.

Jay-Z and Rev. Flake, who's relationship with Gov. Paterson has come under fire over the past few weeks, are expected to explain how the multi-billion dollar deal actually transpired; although many are claiming Jay-Z and Flake's group Aqueduct Entertainment Group (AEG) were awarded a contract to operate 4,000 video slot machines to the Aqueduct racino based on their relationship with Gov. Paterson.

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Toyota Receives Subpoenas From U.S. Grand Jury, SEC

Toyota Motor Corp. said Monday it has received subpoenas from a U.S. federal grand jury and the Securities and Exchange Commission, both requesting documents related to unintended acceleration of its vehicles and the braking system of its Prius hybrid.

The company's disclosure comes one day ahead of the start of congressional hearings into its handling of safety problems responsible for the recall of more than six million vehicles.

Toyota said it intends to cooperate with the investigations and is preparing its responses to the requests.

A person familiar with the matter said the securities-fraud unit of the U.S. attorney's office is handling the investigation but declined to say anything further.

The securities-fraud unit brings cases involving violations by public companies, including improper disclosures or misleading statements made to investors, among other things.

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Bristol Palin Subpoenas Playgirl, but Not Pistachio Co.

Bristol Palin doesn't believe for a second that her Playgirl-posing ex, Levi Johnston, is unable to fork over the amount of child support she's seeking from him, and she's taking legal action to get answers, TMZ is reporting.

Palin, the daughter of former Republican vice presidential candidate and half-term governor of Alaska, Sarah Palin, has subpoenaed many, but not all, the places that Johnston drew paychecks over the past year to determine whether he can afford the $1,688 monthly payments laid out in court. The pair have a year-old son, Tripp. Bristol claims his take for 2009 was more than $105,000; however, Levi claims he earned far less than that and that prior to 2009 he'd never made more than $10,000/year.

Palin's legal team released a paycheck stub from 2008 that shows Johnston was paid $18,594 from one employer in 2008.

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Committee Subpoena Could Loom for Toyota CEO

A subpoena from Congress could be next for Toyota's top executive after he declined a committee appearance Wednesday.

The office of the top Republican on the House Oversight and Government Reform Committee, Rep. Darrell Issa (R-Calif.), said that Issa and committee Chairman Edolphus Towns (D-N.Y.) would take further steps to get testimony from Toyota CEO Akio Toyoda on his company's recent safety recalls.

"Obviously, Mr. Toyoda is not as eager too give Congress and the American people answers as we first thought," Issa spokesman Kurt Bardella said in a statement. "It's telling that the only way he'll come before the Oversight committee is by formal invitation."

Toyoda said Wednesday that he planned to travel to the U.S. next week, but said that Toyota North America President Yoshimi Inaba would be the best-suited person to testify before the Oversight committee.

Toyoda has sought to wage a PR offensive after millions of his company's vehicles were recalled for a faulty accelerator problems. Over 100,000 of the company's fuel-efficient Prius line were also recalled for braking problems.

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