Federal Report Will Decide if Child Pornography Sentencing is Too Severe

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May 19, 2012 /24-7PressRelease/ -- The challenging nature of federal crimes investigations and prosecutions is well known among criminal defense attorneys. People who are accused of crimes involving child pornography, drugs or white collar issues that are subject to federal charges must understand that prosecutors have vast resources backed by stiff sentences and penalties.

Sex crimes legal experts are anticipating an upcoming report from the U.S. Sentencing Commission regarding harsh sentencing of child pornography offenders. Defense attorneys and many federal judges have long argued that punishment for child porn possession or distribution has grown far out of proportion to other crimes.

Based on a formal review dating to 2009, the commission is scheduled to deliver its report on sentencing of child pornography offenders by the end of this year. Many reasons illustrate why the report is likely to propose changes to the sentencing guidelines:
- The average sentence for a federal conviction for a child pornography crime in 2010 was exceeded only by murder and kidnapping, and was even higher than sentences for acts of sexual abuse
- This is true even though federal judges actually departed downward from the sentencing guidelines in 45 percent of cases in 2010
- In a commission survey, 70 percent of federal judges said that sentences proposed by federal guidelines were excessive

Underscoring these trends, the National Association of Criminal Defense Lawyers recently published an article from former Sen. Arlen Specter and former federal prosecutor Linda Dale Hoffa. They accuse Congress of losing sight of the point of criminal justice "in the rush to prove itself hostile to individuals who possess or distribute child pornography."

In Michigan, the percentage of federal child pornography convictions as opposed to drug trafficking, fraud and other federal offenses is almost double the national average. Whether or not political will exists to amend sentencing guidelines, people accused after an Internet sting operation or under other circumstances have a great deal at stake.

Article provided by Law Office of John Freeman
Visit us at http://www.formerfedlawyer.com/

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The Defense Base Act: Coverage for Federal Contractor Employee Injuries

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May 19, 2012 /24-7PressRelease/ -- First passed in the World War II era, the Defense Base Act is the federal law requiring workers' compensation coverage for the overseas employees of U.S. government contractors and subcontractors. If a worker falls under one of four distinct categories of employees, he or she is covered, regardless of citizenship status.

Defense Base Act benefits have become important recently because of the heavy use of contractors in the wars in Iraq and Afghanistan.

The Defense Base Act worker categories are:
- Anyone privately employed on a U.S. military base or for military purposes abroad or in a U.S. territory or possession
- Anyone employed by a federal government agency to fulfill a "public work" contract, including a contract for service or construction related to military activity abroad
- Anyone employed to fulfill a military contract abroad for a U.S. ally under the Foreign Assistance Act
- Anyone employed abroad by a domestic employer to give "welfare" like entertainment or amenities to U.S. military members

Required insurance benefits must include those for medical care, death and disability, and the injury does not need to happen when the worker is actually on duty. Benefit amounts are based on previous earnings levels, and in a permanent total disability or death case may be payable for the life of the recipient, with annual cost-of-living increases.

Covered employers must either purchase workers' compensation insurance or obtain government approval to self-insure. For the most part, the Defense Base Act uses insurance and other provisions of the federal Longshore and Harbor Workers' Compensation Act or LHWCA (covering employees injured working on "navigable waters" of the U.S.).

If an employer fails to secure required Defense Base Act coverage, an injured employee (or his or her survivors if the worker dies) can then sue the employer instead. Failure to procure required insurance under the Act is a misdemeanor for which a company officer may be personally fined or for which he or she may serve time in prison.

The U.S. Department of Labor, through its Office of Workers' Compensation Programs, Division of Longshore and Harbor Workers' Compensation, enforces and administers the Defense Base Act. The OWCP has two district offices (New York and Honolulu) that administer Defense Base Act claims.

In case of an injury covered by the Act, both the worker and the employer have specific notice requirements with deadlines, including employer notification of its insurer or claims administrator, employee submission of a form to the OWCP and more as the claim evolves. The OWCP oversees legally required payments and medical treatment.

If workers, employers and insurers disagree about coverage, payments or other benefits, the OWCP provides informal dispute-resolution support. If informal resolution is not possible in a given case, any party may ask for an administrative hearing before an administrative law judge from the Office of Administrative Law Judges. An ALJ decision can be appealed to the Benefits Review Board and then to the federal court system.

If you are employed by a government contractor for military purposes and are injured, or if a loved one has lost his or her life in such employment, talk to a workers' compensation attorney with Defense Base Act experience about your options for benefits.

Article provided by Gammon & Grange, P.C.
Visit us at www.gg-legal.com

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