NBI official, Immigration officer bro charged for alleged extortion in pastillas scheme probe
The Department of Justice charged National Bureau of Investigation official Joshua Capiral and his brother, Immigration Officer Christopher, for alleged extortion to clear people in probes into bribery at the Bureau of Immigration......»»
Mayor orders probe on alleged consumption of confiscated fish by CLO Enforcement Team
Mayor orders probe on alleged consumption of confiscated fish by CLO Enforcement Team.....»»
Army troops kill BIFF training officer in Maguindanao clash
CAGAYAN DE ORO CITY (MindaNews / 25 March) – Philippine Army troops killed an alleged ranking member of the Bangsamoro Islamic Freedom Fighters (BIFF) during an encounter in Maguindanao del Sur last Friday. Brig. General Jose Vlademir Cagara, commander of the Army’s 1st Brigade Combat team, said troops killed Abu Halil, a training officer of the […].....»»
Sandigan OKs online testimony of witness vs ex-FDA chief
The Sandiganbayan has allowed a private doctor to testify via videoconferencing against former Food and Drug Administration director general Nela Charade Puno, who was charged with graft over the alleged unlawful raid and closure of a pharmacy and wellness clinic in Tarlac......»»
‘Cult’ leader charged with child abuse
Alleged cult leader Jey Rence Quilario, also known as Senior Agila, and 12 other members of the Socorro Bayanihan Services Inc. have been charged with qualified trafficking and child abuse before a court in Surigao del Norte, the Department of Justice said yesterday......»»
Neither estafa nor qualified theft (2)
In Balerta v. People, the Court found that juridical possession as an element of the crime of estafa by misappropriation was not present because the accused was a cash custodian with no independent right or title to the funds received: In the case at bench, there is no question that the petitioner was handling the funds lent by Care Philippines to BABMPC. However, she held the funds on behalf of BABMPC. She had mere physical or material possession over the funds but held no independent right or title, which she could set up against BARMPC. The petitioner was nothing more than a mere cash custodian. Hence, the Court finds that juridical possession of the funds as an element of the crime of estafa by misappropriation is absent in the instant case. In Reside v. People, the Court came to a similar conclusion and held that the accused, a school principal tasked to receive tuition fees and forward these to the school, did not have juridical possession over the funds received. In the case at bench, it cannot be gainsaid that the petitioner, in addition to her duties as principal, was authorized to receive or collect matriculation fees from the parents and/or students enrolled in TGWSI. Per a verbal agreement with De Dios, the petitioner shall forward all payments received together with the remittance voucher slips to the school. As it happens, the money merely passes into the petitioner’s hands, and her custody is only until the same is remitted to the school. Consequently, as principal and temporary cash custodian of TGWSI, the petitioner acquires only physical or material possession over the unremitted funds. Thus, being a mere custodian of the unremitted tuition fees and not, in any manner, an agent who could have asserted a right against TGWSI over the same, the petitioner had only acquired material and not juridical possession of such funds and, consequently, cannot be convicted of the crime of estafa as charged. The prosecution alleged that petitioner Medina was responsible for collecting remittances from the Department of Education, accepting premium payments from PPSTA members, and depositing these payments in PPSTA’s bank account, as instructed by the PPSTA Treasurer. The record is bereft of any allegation or proof that petitioner Medina had any independent right or title to these funds that she could set up against PPSTA. Contrary to the findings of the CA, petitioner Medina was not a “trustee” of the PPSTA members’ payments, as she received these sums as an employee of, and on behalf of, her employer. Consequently, petitioner Medina only had material and not juridical possession of these funds, and she cannot be convicted for estafa under Article 315 (b) (l) of the Revised Penal Code or RPC. Second, jurisprudence holds that a conviction for simple or qualified theft (in lieu of estafa) is possible if all the elements of theft are alleged in the information. However, the evidence on record needs to be more sufficient to convict petitioner Medina of theft, whether simple or qualified. Simple theft is committed when the following elements concur: (1) taking of personal property; (2) that the said property belongs to another; (3) that the said taking be done with intent to gain; (4) that it be done without the owner’s consent; (5) that it be accomplished without the use of violence or intimidation against persons, nor of force upon things; and (6) that it be done with grave abuse of confidence. Theft becomes qualified when committed with grave abuse of confidence, among other qualifying circumstances enumerated in Article 310 of RPC. (To be continued) The post Neither estafa nor qualified theft (2) appeared first on Daily Tribune......»»
Tabuk mayor’s plea junked
The Sandiganbayan on Thursday announced that it has junked Tabuk City Mayor Darwin Estrañero’s bid to quash graft raps filed against him in connection with the alleged procurement of medical supplies at the onset of the Covid-19 pandemic that were “grossly overpriced.” In a 9-page resolution signed on 4 October, the Sandiganbayan Sixth Division turned down the mayor’s appeal, owing to lack of merit. To recall, Estrañero was charged with breaching the Anti-Graft and Corrupt Practices Act or RA 3019 for entering into contracts with various suppliers in May 2020 for purchasing medical supplies that were 135 percent to 609 percent grossly overpriced. Based on the charges, Estrañero allegedly entered into contracts notwithstanding an order from the executive on a price freeze on emergency supplies under Joint Memorandum Circular 2020-01. The post Tabuk mayor’s plea junked appeared first on Daily Tribune......»»
Tulfo seeks Senate probe on Italian jobs scam, illegal recruitment
Senator Raffy Tulfo is urging his fellow legislators to conduct an investigation into the reported illegal recruitment of more than 200 Filipinos who were each supposed to be paid P120,000 (€2,500) up to P347,140 (€5,780) for "non-existent jobs" in Italy. Tulfo, chairs Senate committee on migrant workers, filed Senate Resolution No. 816 earlier this week, following reports that “hundreds of victims were charged by exorbitant placement and consultancy fees for jobs that turned out to be non-existent.” In a statement on Thursday, Tulfo said Alpha Assistenza SRL, the immigration consultancy firm allegedly victimizing Filipinos, is headed by Filipino chief executive officers Krizelle Respicio and Frederick Dutaro. He then cited the testimonies of the victimized overseas Filipino workers who bared that they were lured by a promise of higher-paying jobs. “Alpha Assistenza SRL had no legal personality whatsoever to process the work visa applications of Filipinos seeking jobs in Italy,” he said. Tulfo said about 68 complainants have already filed formal complaints before the Department of Justice in Manila. He added that the Philippine embassy in Italy has likewise alerted the Public Prosecutors Office in Rome, the SUI, the Questura, and the Italian Ministry of Foreign Affairs and International Cooperation of the alleged “large-scale fraud.” The allegations of victims on the supposed “non-action” by the Philippine consulate in Milan over the concern “should also be investigated,” said Tulfo. In filing SR 816, Tulfo stressed the need to “review existing laws and policies on illegal recruitment and adopt other legislative measures to curb the proliferation of such vicious acts.” The post Tulfo seeks Senate probe on Italian jobs scam, illegal recruitment appeared first on Daily Tribune......»»
PBBM says govt will not tolerate agri hoarders as rice smugglers apprehended
President Ferdinand Marcos Jr. reiterated that the government would not tolerate smugglers plaguing the agriculture sector as the government has already apprehended four rice traders for alleged smuggling and hoarding of rice. Speaking during the distribution of rice in Taguig on Wednesday, Marcos said the government will not tolerate those who take advantage and harm our livelihood and the entire agricultural sector. Marcos Jr. cited Republic Act No. 10845, which allows for the imprisonment for life and double fines for those proven to be smuggling agricultural products, including all associated taxes, duties, and charges. He also highlighted Republic Act No. 7581, which imposes heavy penalties on individuals caught illegally stockpiling supplies. Marcos also said that the government has charged four violators for violating the Customs Modernization and Tariff Act, the Rice Tariffication Law, and the Anti-Agricultural Smuggling Act of 2016. "We have now filed charges against San Pedro Warehouse and Blue Sakura Agri Grain Corporation, F.S. Ostia Rice Mill, and Gold Rush Rice Mill for their actions," Marcos said. He also emphasized that there is no rice shortage in the country and placed the blame squarely on smugglers, hoarders, and price manipulators for the fluctuating prices. "You know, there shouldn't be any problem with rice. We have an abundant supply. Our buffer stock, as they say, our reserves are at 30 days, and it's steadily increasing," Marcos said, adding that the country would have more than 70 days of rice buffer after the harvest. President Marcos Jr. also commended the efforts of ordinary citizens engaged in urban farming initiatives in Taguig. He applauded projects like the BGC Community Farm, situated in the heart of Bonifacio Global City, and the City Farm led by student Anna Beatriz Suavengco, showcasing the cultivation of vegetables in an urban farm in North Signal, Taguig. The Taguig Agriculture Office was not left out of the President's praise, as he lauded their extensive efforts to promote urban gardening in communities. The post PBBM says govt will not tolerate agri hoarders as rice smugglers apprehended appeared first on Daily Tribune......»»
Ombudsman fails to pin Napoles for plunder
The Sandiganbayan yesterday convicted Janet Lim Napoles of nine counts of corruption of a public official, but acquitted her of plunder over the so-called “pork barrel fund scandal.” Likewise found guilty of nine counts of direct bribery by the Sandiganbayan’s Fifth Division was former Association of Philippine Electric Cooperatives Partylist Rep. Edgar Valdez. The convictions were in relation to the misuse of lawmakers’ Priority Development Assistance Fund or PDAF. Napoles and Valdez were each sentenced to imprisonment of two years and four months up to six years and one day, and were each meted out a fine of P26,996,700. The cases stemmed from the charges of plunder filed by the National Bureau of Investigation and the Office of the Ombudsman, which alleged that five lawmakers, including Valdez, channeled their PDAFs to Napoles’ fake non-government organizations in exchange for kickbacks. According to the information filed by the Ombudsman, Valdez received P56 million in kickbacks from Napoles. The amount was over the P50-million threshold for the crime of plunder. Lacking evidence Former senators Juan Ponce Enrile, Ramon Revilla Jr. and Jinggoy Estrada, as well as former representative Rizalina Seachon-Lanete, were among the other lawmakers accused of plunder in connection with the pork barrel scam. Revilla was acquitted in 2018 but the cases against the others are still pending before the Sandiganbayan. Enrile, Estrada and Seachon-Lanete were granted bail. The dispositive portion of the Sandiganbayan’s ruling said the evidence to prove plunder against Napoles and Valdez was lacking. “The Court finds accused Edgar de Leon Valdez and Janet Lim Napoles not guilty of plunder due to insufficient evidence proving that they had, through conspiracy, amassed, accumulated, and or acquired at least 50 million pesos of PDAF funds through kickbacks and/or commissions,” the decision read in part. Valdez was allowed to post bail in 2016 after the Fifth Division said the prosecution was only able to prove that Valdez received P2.6 million, and not P56 million, in kickbacks from a foundation belonging to Napoles, who was dubbed the “pork barrel queen.” The division rejected Napoles’ request for the court to accept her belatedly filed memorandum that cited whistleblower Benhur Luy’s testimony in a different graft case, where he allegedly acknowledged that the funds in this case were not from PDAF. The 108-page Sandiganbayan decision was per curiam, meaning, not one justice from the anti-graft court’s Fifth Division penned the ruling. The per curiam decision was signed by Associate Justice and Division Chairperson Rafael Lagos, and Associate Justices Maria Theresa Mendoza-Arcega and Maryann Corpus-Mañalac. Previous acquittals Napoles attended through videoconference, while Valdez was physically present in court on Monday morning. Napoles is currently serving prior convictions. Last May, the Sandiganbayan First Division acquitted Napoles of graft in 16 PDAF cases. Napoles and Revilla were charged with the crimes in 2014. In 2018, the court ruled in favor of Napoles and against Revilla in the plunder case. In 2021, after filing a demurrer to evidence in both graft instances, Revilla was exonerated. The court ruled that the liability of the accused could no longer be determined because they were included in the plunder case for which they were already prosecuted. The charges of plunder against Revilla, his former political officer Atty. Richard Cambe, and Napoles also constituted graft because they were based on “predicate acts,” the court said. The resolution was written by Associate Justice Geraldine Faith Econg and adopted by Division chairperson Efren dela Cruz and Associate Justice Arthur Malabaguio. Same proof “This fact became even more apparent after the presentation of the same testimonial and documentary evidence in both cases,” the resolution read. Those acquitted in that case were Gondelina Amata, Ofelia Ordoez, Sofia Cruz, Evelyn Sucgang, Francisco Figura, Ma. Rosalinda Lacsamana, Marivic Jover, Consuelo Lilian Espiritu, Victor Roman Cacal and Maria Ninez Guanizo. Dennis Cunanan, Gregoria Buenaventura, Rhodora Mendoza, Evelyn de Leon, Laarni Uy and Jocelyn Piorato were found guilty and sentenced to prison terms ranging from 6 to 8 years, and were permanently barred from holding public office. Cambe, Eulogio Rodriguez and Emmanuel Alexis Sevidal had their cases dropped after they passed away. Still another case Napoles was found guilty of two charges of graft and two counts of malversation in another batch of PDAF proceedings involving the late Davao del Sur representative Douglas Cagas. The Sandiganbayan 2nd Division observed in a ruling released on 19 May 2023, that the Anti-Money Laundering Council report corroborated the evidence of whistleblower Luy, who claimed that Napoles owned and controlled the NGOs implicated in the PDAF scam. The post Ombudsman fails to pin Napoles for plunder appeared first on Daily Tribune......»»
Camarines Sur mayor charged over quarry operations
Environmental advocates have filed charges against a municipal mayor in Camarines Sur and other local officials in connection with alleged illegal quarry operations......»»
Alpha 400
After months of getting the runaround from investigators, government agencies, and other media outlets that could not comprehend the gravity of the bog they had found themselves mired in, they flocked to DAILY TRIBUNE’s digital show Usapang OFW, mostly from the province of Batangas. They are the so-called Alpha 400, a group of about 200 job-seekers to Italy, and their counterpart Filipino sponsors in that country who claimed they were duped out of their money by the couple Krizelle Respicio and Frederick Dutaro, co-CEOs of an “immigration consultancy” firm. Some said they were forced to sell farmland and other properties to pay 3,000 to 5,000 euros in consultancy fees. That’s as heartless as it gets, taking money from people who have less in life and whose only fault, if it could be called that, was to dream of improving their standing in life, albeit without doing the necessary due diligence, which set them up as “victims” of the alleged scam. The “ties that bind,” to borrow TRIBUNE’s recent headline about the purported massive recruitment racket, were that the sponsors in Italy and the job-seekers, whose visa applications were denied by the Italian Embassy in Manila on account of the bogus “nulla osta” or work permits provided them by Alpha Assistenza, only wanted decent-paying jobs in Italy and to be together. Most of the sponsors and job-seekers were related or were friends, including nine from one clan alone who paid Alpha Assistenza 21,000 euros (roughly P1,259,434) in placement fees exacted by a company that had no business recruiting because it was registered neither in the Philippines nor Italy. Jeffrey Villalon, Alpha Assistenza’s marketing manager on paper who cobbled together its clickbait website that redirected visa queries to chat groups moderated by Respicio, came to TRIBUNE one night to disassociate himself from Respicio, saying he was a victim like the others. He said Respicio promised to bring him back to Italy at no cost so he could be with his two children. “There are two sets of victims here,” Villalon told this writer, “the sponsors and the job-seekers they endorsed to Alpha.” The sponsors, he said, may have jeopardized their own stay in Italy as the Italian police and prosecutors are now investigating the matter. He explained that the sponsors might be held liable for endorsing job-seekers who were, unknown to them, provided fake nulla osta by Alpha Assistenza. If his name “had not been dragged into the mud” for setting up the website and being given by Respicio that grand “marketing manager” title, Villalon said, he would find funny the ribbing he has gotten from friends who said he had worked in Italy in the past only to fall for this scam. Decades back, Villalon said he paid roughly P1 million to be able to work in Italy. Thus, he thought the fees being collected by Alpha Assistenza were reasonable if the firm successfully facilitated the entry and work in Italy of job-seekers. As it turned out, he said, the fees collected were at a price point within the financial reach of either the sponsors or the job-seekers. Alpha Assistenza went “cheap” because it wanted volume — better to have many applicants than a few who could pay the P1 million charged in the past. Maybe it was money for nothing for the consultants whom the Italian Embassy dubbed “predators,” but it was money from the blood, sweat, and tears of the victims. The Italian Embassy said the victims may not be totally faultless as it asked whether “all those who were allegedly defrauded had acted with integrity and in an unquestionable manner.” Further, it said, “Regrettably, the attempt to find an alternative route that would allow them to obtain what they wished for by circumventing the system bears the risk of being exposed to such scams.” It then pointed out that a quick internet search could have helped the victims see the many red flags apparent in Alpha Assistenza’s modus operandi. In a nutshell, the caveat here of the embassy is that those who choose to sup with the devil risk getting burned. The post Alpha 400 appeared first on Daily Tribune......»»
6 minors in online sex rescued
The National Bureau of Investigation yesterday said they nabbed two persons while six minors were rescued from alleged online sexual exploitation activities in Manila. Those arrested were identified as Lynette S. Cruz and Paulo R. dela Cruz who were caught last 8 September during an entrapment operation conducted by the Inter-Agency Council Against Trafficking and the NBI. The operatives were armed with a Warrant to Search, Seize and Examine Computer Data. The NBI said that aside from the rescuing six minors, the operation “also resulted in the seizure of various inventory indicated in the WSSECD.” The two subsequently were charged before the Department of Justice with violations of Republic Act 11930, the Anti-Online Sexual Abuse or Exploitation of Children and Anti-Child Sexual Abuse or Exploitation Materials Act; RA 9208, the Anti-Trafficking in Persons Act, as amended; and RA 7610, the Special Protection of Children Against Abuse, Exploitation and Discrimination Act. The operation was conducted after the NBI Anti-Violence Against Women and Children Division received “information from Homeland Security Investigation Manila regarding an alleged facilitator in the Philippines who transmits sexually exploitative images and videos of minors to United States.” “NBI-AVAWCD reviewed the pieces of evidence which include child sexual abuse or exploitation materials, Skype and WhatsApp chat logs, Paypal Subpoena results, and screen record of video call through Skype between Subject Lynette and the poseur-customer,” it said. It added that operatives also went to HSI Manila Headquarters and it was found that Lynette was still offering live streaming and sexual shows. The post 6 minors in online sex rescued appeared first on Daily Tribune......»»
Makati cries foul over Taguig’s ‘rejection’
The local government of Makati City on Sunday lamented the local government of Taguig’s alleged “unreasonable” rejection of Makati proposals which impedes the smooth transfer of city-owned health facilities and services. Makati City Administrator Claro Certeza said that the Makati local government proposed memorandums of agreement pertain to eight barangay health centers and the health data of their patients, and Ospital ng Makati. However, it was allegedly rejected by the local government of Taguig. “We have initiated a series of correspondence and memorandum of agreement proposals to the City of Taguig aimed to facilitate the smooth transfer of Makati-owned health facilities to its jurisdiction. However, these have been rejected outright, without valid reason. Unfortunately, Taguig seems adamant about taking over our hospital and health centers without acknowledging our ownership rights,” Certeza said. In a letter to Mayor Lani Cayetano, a MoA was proposed by Mayor Abby Binay for Ospital ng Makati, which contains an offer extending a substantial credit line to Taguig. The credit line is intended to ensure that affected residents can continue to access the essential health care services at the city-owned and managed hospital. Certeza said that as stated in the draft MoA, the credit line will “function as a financial safety net, enabling Taguig City to provide essential health care services to its residents without immediate upfront payments, particularly in cases where beneficiaries may not have the means to cover their medical costs themselves.” “Makati is even willing to allocate millions in funding for this credit line to Taguig to avoid any disruption in health care services. Yet, Mayor Cayetano refused to even consider the proposal, opting to put off any discussions regarding OsMak, purportedly in deference to the wishes of the Health secretary,” Certeza said. To recall, the Taguig City mayor said in her letter that Department of Health Secretary Teodoro Herbosa himself would take the lead in any discussions regarding Ospital ng Makati, and that both cities must defer to his wishes. In another letter to Cayetano, Binay also offered Taguig the option to lease or to purchase the land and improvement of eight health centers, subject to the appraisal of the Commission on Audit. However, Cayetano has allegedly declined the offer, again citing a supposed directive from the Health Secretary to “exclude the issue of ownership in the transition process.” “Makati is willing to let Taguig use its properties without asking them for immediate payment. We are, in fact, deferring to CoA to determine the reasonable amount to be charged,” Certeza said. The post Makati cries foul over Taguig’s ‘rejection’ appeared first on Daily Tribune......»»
Biden’s son Hunter to plead not guilty to gun charges
US President Joe Biden's son Hunter will plead not guilty to charges of illegally buying a gun when he was using drugs, his lawyer said Tuesday. Hunter Biden, 53, was charged last week with two counts of making false statements when claiming on forms required for a 2018 gun purchase that he was not using drugs illegally at the time. On Tuesday, Hunter Biden's lawyer, Abbe David Lowell, asked the judge presiding over the case in the eastern state of Delaware to hold the first court appearance by video conference instead of requiring his client to attend in person. Hunter Biden currently lives in California. "Mr. Biden understands both the charges against him and his rights... and we believe the Court can be assured of that fact by conducting this initial appearance by video," Lowell said in the letter to US Magistrate Judge Christopher Burke. "Mr. Biden also will enter a plea of not guilty, and there is no reason why he cannot utter those two words by video conference," Lowell said. "Mr. Biden is not seeking any special treatment in making this request," he added. "He has attended and will attend any proceedings in which his physical appearance is required." Hunter Biden is also facing a third charge, based on the same statements, that he illegally possessed the gun during an 11-day period in October 2018. If convicted on all three felony charges, he could face 25 years in prison, though in practice the offenses are seldom punished by any jail time. The indictment came two days after Republicans in Congress opened an impeachment probe against Joe Biden, a Democrat, alleging that when the elder Biden was vice president he benefited financially from his son's foreign business dealings. They alleged, without offering hard evidence, that while vice president in 2015-2016, Biden intervened to protect an allegedly corrupt Ukrainian energy company, Burisma, where Hunter Biden sat on the board. The gun charges against Hunter Biden were filed by Justice Department special counsel David Weiss, who has been investigating him since 2018 over various allegations, mostly related to his overseas business deals. A plea deal between Hunter Biden and Weiss, covering the gun charge as well as alleged tax violations, collapsed two months ago. Hunter Biden is a Yale-trained lawyer and lobbyist-turned-artist, but his life has been marred by alcoholism and crack cocaine addiction and his indictment has cast a shadow over his father's campaign for reelection next year. The post Biden’s son Hunter to plead not guilty to gun charges appeared first on Daily Tribune......»»
Six persons to be charged for profiteering, hoarding onions
The National Bureau of Investigation recommends the filing of charges against six persons, three of them government officials, before the Department of Justice for alleged hoarding and profiteering in the sale of onions last December as prices go up to as much as P587 per kilo. Justice Secretary Jesus Crispin C. Remulla said the recommendation to prosecute the six hoarders and profiteers was made by the NBI which conducted the probe. The DOJ chief though did not reveal the identities of those recommended for formal investigation pending the evaluation to be done by the DOJ's national prosecution service. The NBI's probe on the prices and supply of onions were ordered by President Ferdinand Marcos Jr., said Remulla. Remulla said aside from hoarding and profiteering, the violations may lead to price manipulation and economic sabotage, a capital offense. He said, "Government officials are among those recommended for prosecution because we believe that they are also involved.” Remulla said it is just the start and there will be more cases to be filed as the NBI continues with its investigation. DOJ Undersecretary Geronimo L. Sy said the recommendation of the NBI stemmed from the overpriced onions sold in the market back in December that reached up to P537 per kilo even if the farmgate price or cost of production was only between P8 to P15 per kilo. He said that due to a lack of supply, the Department of Agriculture procured back in December 8,000 bags of onions of 25 kilos per bag. Sy said there was payment for actual deliveries from funds downloaded from the DA. However, the investigators found out that there was only one bidder who submitted three bids. "The other bids were fictitious so that the preferred bidder would win in the bidding process,” Sy explained. The post Six persons to be charged for profiteering, hoarding onions appeared first on Daily Tribune......»»
US, Iran release prisoners in $6 billion swap deal
The United States and Iran on Monday swapped five prisoners each in one of the arch-foes' first deals in years as Tehran gained access to $6 billion in frozen funds. The five Americans freed by Iran, including one held for eight years, flew out of Tehran in a Qatari jet, hours after the unblocked funds were deposited in accounts also managed by Qatar. The White House said it was "pleased to confirm" the plane carrying the freed Americans had left Doha, Qatar for the United States, and that President Joe Biden had spoken with the families of the Americans in an "emotional call". The five had walked in the setting sun on the tarmac in Doha, three of them with arms around one another's shoulders. One of them praised Biden for ignoring the political backlash and taking the "incredibly difficult decisions" that freed them. "Thank you, President Biden, for ultimately putting the lives of American citizens above politics," Siamak Namazi, a businessman held since 2015, said in a statement. Secretary of State Antony Blinken, who spoke to the released Americans by telephone after they landed in Doha, insisted the Biden administration had "no higher priority" than freeing US citizens. "It's very good to be able to say that our fellow citizens are free," Blinken told reporters in New York, where he and Biden are taking part in UN meetings. Two of the Iranian detainees arrived in Qatar, Iranian media said. The other three released by the United States have opted to remain there or in a third country. After quiet discussions led in part by Qatar, the two countries completed the exchange after the transfer of $6 billion in funds, frozen by US ally South Korea. The Biden administration has rejected criticism at home that it is paying "ransom," insisting the money will be used only humanitarian purposes, with a threat to re-freeze the funds if not. But Iranian foreign ministry spokesman Nasser Kanani, speaking earlier in Tehran, said the clerical state will have "total access" to the assets. Political risks for Biden Biden's Republican rivals have roundly denounced the deal. Republican Senator Mitt Romney said it would lead to "kidnappings". "The idea of basically paying to release, in this effect, a hostage is a terrible idea," he said. Mindful of political risks, Biden in a statement said he would "continue to impose costs" on Iran and announced sanctions against former president Mahmoud Ahmadinejad and the country's intelligence ministry. The sanctions were imposed over alleged deceit in the disappearance of Bob Levinson, a former FBI agent who disappeared in Iran in mysterious circumstance and is presumed dead. Biden in his statement did not mention that he granted clemency to five Iranians. A US official said that all were convicted or changed with non-violent crimes, with one already set to be released soon. Iran had generated the revenue through oil sales. South Korea froze the funds after Biden's Republican predecessor Donald Trump withdrew from a landmark nuclear accord and imposed unilateral US sanctions on buying oil from Iran. Iran's central bank governor said Iran would seek damages from South Korea. "We're making a complaint on behalf of Iran against South Korea for not giving access to these funds and the reduction in value of these funds in order to receive damages," Mohammadreza Farzin said on state television. The five Americans of Iranian descent -- all considered Iranian nationals by Tehran, which rejects dual nationality -- were released to house arrest when the deal was agreed last month. Besides Namazi, they include wildlife conservationist Morad Tahbaz, venture capitalist Emad Sharqi and two others who wished to remain anonymous. All were accused of spying or other crimes that they strongly reject. Tahbaz also holds UK nationality. Prime Minister Rishi Sunak said Britain was not involved in the deal but that he was "extremely pleased" he was free. A US official said that two more US citizens flew out of Tehran -- Namazi's mother and Sharqi's wife, who were not in prison but had ont been allowed to leave. According to Tehran, the freed Iranians include Reza Sarhangpour and Kambiz Attar Kashani, both accused of violating US sanctions against Tehran. A third prisoner, Kaveh Lotfolah Afrasiabi, was detained at his home near Boston in 2021 and charged with being an Iranian government agent, according to US officials. The two others, Mehrdad Moein Ansari and Amin Hasanzadeh, were said to have links to Iranian security forces. Nudge on nuclear? The swap was the first deal sealed by Biden with Iran's clerical rulers, who toppled the pro-Western shah in 1979 and are deeply hostile to the United States. Biden took office with hopes of restoring the 2015 nuclear agreement, under which Iran promised to constrain its contested nuclear work in return for sanctions relief. But months of talks failed to produce a breakthrough. Prospects to restore the deal sank further after protests broke out almost exactly a year ago in Iran following the death in custody of Mahsa Amini, who had been arrested for allegedly violating the country's Islamic dress code for women. Blinken said that the release of the prisoners "doesn't speak to anything else in the relationship," with the nuclear issue "a different track." Biden is not expected to meet in New York with Iran's president, Ebrahim Raisi, who arrived Monday. The post US, Iran release prisoners in $6 billion swap deal appeared first on Daily Tribune......»»
Red-tagged individuals create their own classification (1)
It is amusing to read about individuals or groups protesting about being tagged as New People’s Army or NPA supporters, or even communists themselves. At least one of them filed a civil suit for damages against two anchors of a program in SMNI for allegedly tagging him as a communist sympathizer and his mother as a closeted communist. Red-tagging has become a whipping boy of leftist organizations and their sympathizers. The dwindling number of left-leaning party-list representatives who survived the electoral debacle of their comrades have become the mouthpiece. They have been regularly and constantly attacking the government officials who described them as supporters of the communist rebels. This protesting sector of our society has described red-tagging as “the act of labeling individuals or groups as “communist fronts,” “communist terrorists,” or communist sympathizers.” They have likened such acts to “McCarthyism” in the 1950s in the United States. The American Heritage Dictionary defines McCarthyism as “1. The political practice of publicizing accusations of disloyalty or subversion with insufficient regard to evidence; and 2. The use of methods of investigation and accusation regarded as unfair, to suppress opposition.” McCarthyism is known as the “second Ref Scare” in the United States. It was an era of “political repression and persecution of left-wing individuals and a campaign spreading fear of alleged communist and Soviet influence on American institutions and Soviet espionage in the United States during the late 1940s through the 1950s.” Joseph McCarthy, a Wisconsin Senator, started what appeared to become a national witch-hunt in the United States in the late forties and early fifties. He rose to national prominence in the US after an alleged three-year undistinguishable stay in the US Senate, after delivering a speech in Congress where he claimed to have a list of “members of the communist party and members of a spy ring employed in the US State Department.” As a result of McCarty’s speech, congressional hearings were conducted by the U.S. House Committee on Un-American Activities that led to the imprisonment of 10 Hollywood screenwriters and directors. Likewise, hundreds of their colleagues in the movie industry were placed on the “blacklist.” The so-called human rights groups in the Philippines claim that red-tagging is often done without evidence. A human rights alliance group, Karapatan, slammed the NTF-ELCAC for gaining “notoriety in the red-tagging, harassing and intimidating political activists and other government critics and for instigating mass surrenders of civilians alleged to be supporters of the revolutionary movement.” Karapatan alleged, “Many of the victims of NTF-ELCAC’s red-tagging campaigns had ended up arrested and detained on trump-up charges, while others have been killed by vigilante groups or in armed encounters staged by the military.” There is a whale of a difference between the red-baiting in the United States during the McCarthyism period and the so called red-tagging in the Philippines. For one, those who have been red-tagged, if they feel they have been unjustly classified as communist supporters or secret members of the NPA, can always resort to civil suits for damages, just like one of them did. Unlike the late Senator McCarty, the perceived violators of their human rights are not immune from lawsuits. McCarty was immune from being sued when he red-tagged suspected members of the communist party because he enjoyed parliamentary immunity when he delivered the red-tagging speech. The claim that those red-tagged by government officials led to their deaths is just a claim. The human rights groups have not produced any proof of that. As to those arrested and jailed, it only means there was probable cause for the crimes they have been charged with — hence, the courts issued warrants for their arrest. As to the claim of trump-up charges, there have been instances where the courts have dismissed those criminal cases filed against them because the prosecution failed to produce the quantum of proof required by law in court. They can seek judicial redress by filing malicious criminal prosecution against those who made up the false charges plus damages. (To be continued) The post Red-tagged individuals create their own classification (1) appeared first on Daily Tribune......»»
Biden’s son Hunter indicted on gun charges
US President Joe Biden's son Hunter was indicted Thursday for illegally buying a gun when he was using drugs, casting a new shadow over his father's campaign for reelection next year. Hunter Biden, 53, was charged with two counts of making false statements when claiming on forms required for the 2018 gun purchase that he was not using drugs illegally at the time. A third charge said that, based on the false statements, he illegally possessed the gun during an 11-day period in October that year. If convicted on all three felony charges, Biden could in theory face 25 years in prison, though in practice they are seldom punished by any jail time. In attesting that he was not an unlawful user of drugs when he bought the Colt Cobra revolver, Biden "knew that statement was false," the Justice Department said. The indictment came two days after Republicans in Congress opened an impeachment probe against Democrat Joe Biden, alleging that when he was vice president he benefitted financially from his son's foreign business dealings. The legal troubles of Hunter Biden present a target for political rivals of his father, who is bidding for a second term in the White House. Hunter is a Yale-trained lawyer and lobbyist-turned-artist, but his life has been marred by alcoholism and crack cocaine addiction. Without offering any evidence, Republicans have accused Biden's Justice Department of protecting his son and have accused Weiss, a Republican appointee, of going easy on Hunter. Representative James Comer, a Republican from Kentucky who will be leading the impeachment inquiry, welcomed the filing of the gun charges, calling it a "very small start." "Mountains of evidence reveals that Hunter Biden likely committed several felonies and Americans expect the Justice Department to apply the law equally," Comer said. Twice-impeached former president Donald Trump reacted on his Truth Social platform. "This, the gun charge, is the only crime that Hunter Biden committed that does not implicate Crooked Joe Biden," he said. - Plea deal collapsed - But a leading Democrat, Keisha Lance Bottoms, ex-mayor of Atlanta and a former senior adviser to Joe Biden, questioned why Hunter had been charged. "Can anyone tell me how many people have been federally indicted for purchasing a gun while dealing with substance abuse issues?" Bottoms said on X, formerly known as Twitter. "I don't know the answer, but in my over 29 years as an attorney, I have never heard of it." The gun charges were filed by Justice Department special counsel David Weiss, who has been investigating Hunter Biden since 2018 over various allegations, mostly related to his overseas business deals. Two months ago a plea deal between Biden and Weiss, covering the gun charge as well as alleged tax violations, went sour. Biden agreed to plead guilty in federal court in Delaware to two minor tax charges. In exchange he was offered probation, as he had already paid what he owed the government along with penalties. Weiss agreed to suspend the felony gun charge if Biden completed "pretrial diversion," which often involves counseling or rehabilitation. But in a dramatic July 26 hearing, the deal collapsed over whether Biden would have been immune from any other charges also investigated by Weiss, including possible crimes related to his business dealings in Ukraine, China and elsewhere. The judge mentioned the possibility that Biden could be charged as having acted as a lobbyist for foreign governments without registering with the Justice Department. Three weeks later, after the deal collapsed, Weiss dropped the tax charges and said an indictment on the gun charge would come by the end of September. As the 2024 election race swings into gear, Republicans in the House of Representatives on Tuesday formally opened an impeachment inquiry against President Biden. They alleged, without offering hard evidence, that while vice president in 2015-2016, Biden intervened to protect an allegedly corrupt Ukrainian energy company, Burisma, where Hunter Biden sat on the board. Republicans allege Joe Biden and his family reaped large sums for helping Burisma. The post Biden’s son Hunter indicted on gun charges appeared first on Daily Tribune......»»
Federal charges for five police over beating death of African American
Five police officers already charged in the murder of Tyre Nichols, a young African American who died after being beaten, now face federal indictment, the Justice Department announced Tuesday. Videos showed the officers, who are all Black, repeatedly kicking and punching Nichols during a traffic stop close to his home in the US city of Memphis on January 7, three days before he died in hospital. "The country watched in horror as Tyre Nichols was kicked, punched, tased, and pepper sprayed," Attorney General Merrick Garland said in a brief video statement posted online. The department said the five officers, who have been fired, "willfully deprived Nichols of his constitutional rights," resulting in "bodily injury and the death of Nichols." A federal grand jury in Memphis, located in the US South, on Tuesday charged the five former officers with federal civil rights, conspiracy, and obstruction offenses, the Department of Justice said. The officers -- Tadarrius Bean, Demetrius Haley, Justin Smith, Emmitt Martin III, and Desmond Mills Jr. -- have already been charged by state prosecutors in Tennessee with second-degree murder, aggravated assault, kidnapping, official misconduct, and "official oppression." They have pleaded not guilty. Nichols, 29, was stopped by the five, who were members of a special police anti-crime squad called the Scorpion Unit, for an alleged traffic violation, according to police. He was beaten viciously by the officers, in scenes recorded in body camera and security camera footage that triggered outrage when made public later that month. Vice President Kamala Harris attended Nichols' funeral in February and Nichols' family members were invited to President Joe Biden's State of the Union address in Washington several days later. The post Federal charges for five police over beating death of African American appeared first on Daily Tribune......»»
Court to deliver verdict on hacker behind biggest leak in football history
A Portuguese court was due on Monday to deliver its verdict on hacker Rui Pinto, whose flood of "Football Leaks" revelations exposed dirty dealings in international football. It was the biggest information leak in sports history and sparked criminal investigations in Belgium, Britain, France, Spain and Switzerland. The verdict, which has been postponed several times, was due to be delivered at a hearing in Lisbon starting at 2:30 pm (1330 GMT). Pinto, 34, is charged with 89 hacking offences, and with attempted extortion, a crime punishable in Portugal by between two and 10 years in prison. He argues he is a whistleblower, whose actions exposed underhand dealings involving top football stars, clubs and agents. Between 2015 and 2018, he shared 18.6 million documents on the internet and with a consortium of European newspapers, which published details. The revelations shook the football world. They included the salaries of Lionel Messi and Neymar, an accusation of rape against Cristiano Ronaldo, alleged financial sleight of hand at Manchester City and ethnic profiling at Paris Saint Germain. Defendant and witness Pinto is both a defendant and a protected witness in Portugal. When his trial began in September 2020, Pinto told the court he had been shocked by what he had discovered and was proud of bringing it to public knowledge. But he has admitted he used illegal means to obtain documents. His alleged victims include top Portuguese football club Sporting Lisbon, the Portuguese Football Federation, lawyers, magistrates and Doyen Sports -- a Malta-based investment fund run by Kazakh-Turkish oligarchs. Pinto was arrested in Hungary in 2019 and extradited to Portugal, where he spent a year behind bars before agreeing to cooperate with the Portuguese authorities on other cases, giving them access to encrypted documents he had obtained. The French authorities have also sought his cooperation over the "Luanda Leaks", a release of 715,000 documents providing compromising information on Angolan billionaire Isabel dos Santos, daughter of former president Jose Eduardo dos Santos. Dos Santos, once the richest woman in Africa, has faced several court cases on charges she syphoned billions of dollars from Angolan state companies during her father's four decades in office. The post Court to deliver verdict on hacker behind biggest leak in football history appeared first on Daily Tribune......»»