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MEDIA VISION EX-CEO GETS PRISON TERM Paul Jain, 57, the former CEO of Media Vision Technologies Inc., was sentenced by Senior U.S. District Judge D. Lowell Jensen to 2 1/2 years in prison Friday. Jain was the key figure in a fraud that eventually forced the Fremont-based company into bankruptcy. The company’s former CFO, Steven Allan, was sentenced last week to 3 1/2 years in prison. At the time he sentenced Allan, Jensen expressed some reservation that it was indeed Jain, a cooperating government witness, who was the driving force behind the fraud. Nevertheless, Jensen largely followed the government recommendation to give Jain credit for accepting his role in the crime and helping the government bring its case to fruition. Media Vision was accused of using fraudulent accounting techniques to drive up sales. When the fraud was revealed in 1994, investors lost hundreds of millions of dollars. Two co-conspirators were also sentenced Friday. Both Michael Humphress, former vice president of sales, and Robert Williams, the controller, received probation. Former Chief Operating Officer Russell Faust will be sentenced this week. — Jason Hoppin INSTANT CRITICISM FOR 11TH CIRCUIT NOMINEE ATLANTA — The ideological fight over the federal judiciary spread to Georgia, Florida and Alabama on Wednesday when President Bush nominated Alabama Attorney General William Pryor Jr. to a seat on the Eleventh Circuit U.S. Court of Appeals. The court covers those three states. Pryor’s conservative legal and political positions on states’ rights, abortion, church-state separation and a host of crime and punishment issues drew immediate criticism from some of the same groups that have opposed many of Bush’s other circuit court nominees. Alliance For Justice, an association of liberal environmental, civil rights, mental health, women’s, children’s and consumer advocacy organizations, issued a statement Wednesday that said, “With Pryor’s record, there’s something to offend virtually every constituency in the country.” But Pryor’s chief supporter, U.S. Sen. Jeff Sessions, R-Ala., countered with a list of instances in which Pryor opposed a Republican voting rights plan, a Republican school prayer proposal and a broad ban on partial birth abortion because, in his view, all three violated U.S. Supreme Court precedents. “As a circuit judge, Bill Pryor will act on principle, not politics,” Sessions said in a press release. Pryor was Sessions’ top deputy when Sessions was Alabama’s attorney general. — Fulton County Daily Report CREDIT CARD CASE MAY SEE TRIAL INNOVATIONS NEW YORK — Eastern District of New York Judge John Gleeson is taking a novel approach to managing the upcoming antitrust trial featuring Wal-Mart and other retailers against Visa and MasterCard. Given the complexity facing a jury that has to decide whether the credit card organizations violated the Sherman Act by forcing retailers to accept their debit cards, Gleeson is proposing time limits for both sides, allowing jurors to ask questions and possibly to discuss the case amongst themselves before they have received all the evidence. In In re Visa Check/Mastermoney Antitrust Litigation, 96-CV-5238, Judge Gleeson is also proposing to give the panel an abbreviated section of the jury charge, during the trial, as a prelude to evidence they are about to hear. Along the same lines, the attorneys would be allowed to give mini opening statements during the course of evidence to tell the jury what is coming and why a particular expert witness is important to the case. Brief summations might also be allowed. While most of Gleeson’s proposals have been used in one form or another in other cases, albeit rarely, some lawyers in the case say they have yet to find an example of a case where so many different complex trial management strategies have been employed together. — The New York Law Journal A BRIEF, BRIEF TIME ON FAMILY COURT BENCH MINEOLA, N.Y. — Call it the short, happy judgeship of Adam H. Moser. For a brief few weeks, the Nassau County District Court judge got a taste of serving on the family court bench, a position he ran for, but failed to win, last year. Selected in January by Nassau County Administrative Judge Edward McCabe to fill an opening at family court in Westbury, N.Y., Judge Moser, currently a district court judge in Hempstead, said he was approved by an order from Chief Administrative Judge Jonathan Lippman for a job that he had hoped to gain during last year’s election. But after six weeks of sitting as a family court judge, he was back in Hempstead, Judge Lippman having rescinded the previous administrative order March 19. “The whole thing was the most bizarre situation,” Judge Moser said. Justice McCabe, a Republican, said he selected Judge Moser, a Democrat, to fill the opening because of his experience in family law. Judge Moser and his father, Stephen Moser, practiced family law together before Judge Moser’s election to district court in 1999. “I thought rather than use a judge who has no experience in family court, we would put him there,” Justice McCabe said. Judge Moser explained that after Justice McCabe asked him to take the 11-month temporary assignment, he discovered that Deputy Chief Administrative Judge Joseph Traficanti was concerned that the appointment would violate the State Constitution, Article 6, � 26. The section prohibits district court judges from being appointed to a family court judgeship. — The New York Law Journal

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