The Rocket Docket

Rocket Docket Denies Request for Preliminary Injunction in Constitutional Challenge to Election Law-Related Regulations

In Real Truth About Obama, Inc. v. Federal Election Com’n, 2008 WL 4416282 (E.D.Va. 2008), the Court denied Plaintiff Real Truth About Obama, Inc.’s (“RTAO”) request for a preliminary injunction in its constitutional challenge to three federal regulations and to the FEC’s policy on determining Political Action Committee ("PAC") status. RTAO sought a preliminary and permanent injunction to enjoin the defendants, the Federal Election Committee (“FEC”) and the United State Department of Justice (“DOJ”), from enforcing the Federal Election Campaign Act ("FECA") as to RTAO and its activities, as well as other similarly situated entities. Finding that RTAO had failed to carry its burden of showing a likelihood of success on the merits and that the balance of harms and public policy considerations weighted in favor of the defendants, the Court denied the request for a preliminary injunction.

Rocket Docket Denies D.C. Sniper’s Petition for Writ of Habeas Corpus and Lifts Stay of Execution

Throughout October 2002, two men (ultimately nicknamed the D.C. Snipers, among other names) terrorized the Washington, D.C. region with random sniper shootings in various locations throughout Maryland, Virginia, and Washington, D.C.  The two were ultimately arrested on October 24, 2002.  The elder of the two, John Allen Muhammad, was indicted by a grand jury on October 28, 2002, subsequently convicted of the shootings on November 17, 2003, and ultimately sentenced to death.  After various appeals were filed and rejected, Mr. Muhammad’s execution was scheduled for November 5, 2007.  On October 26, 2007, the Rocket Docket stayed the execution pending further appeals by Mr. Muhammad.  After a series of appeals, Mr. Muhammad filed a Petition for Writ of Habeas Corpus with the Rocket Docket, alleging, among other things, improper exclusion of expert testimony in the penalty phase, ineffective assistance of counsel, invalidity of the indictments, unconstitutionality of the Virginia terrorism statute, and Virginia’s improperly withholding material exculpatory evidence.  In Muhammad v. Kelly, 2008 WL 4360996 (E.D. Va. 2008), the Rocket Docket rejected Mr. Muhammad’s arguments, denied the Petition, and lifted the stay of execution, effectively removing one of the final hurdles to Mr. Muhammad’s execution.

Rocket Docket Denies Attorney’s Claim for Restitution Based on Unclean Hands

On March 19, 2008, R. Gregory Gibbs entered a guilty plea to a single count of mail fraud as a part of fraudulent currency investments.  As a part of his plea agreement, Mr. Gibbs agreed to make restitution to the victims of his fraud scheme.  In all, 138 victims filed claims for restitution, totaling in excess of $14,000,000.00.  Approximately $4,250,000.00 in assets were recovered by federal agents and placed in the custody of a court-appointed receiver for distribution.  Of the 138 victims, only three filed claims that were disputed by the receiver.  Among those was the claim addressed by the Court in this matter, United States v. Gibbs, 2008 WL 4377432 (E.D. Va. 2008), filed by an attorney from Arizona named Dwayne Farnsworth.  Mr. Farnsworth filed a claim for restitution in the amount of $565,000.00.  After hearing testimony from various individuals, including the claimant and Mr. Gibbs, the Court concluded that Mr. Farnsworth was not entitled to restitution based on unclean hands.