HGN®
HGN
News ®
FINANCIAL
HU
Global
newsSM
The natural,
inalienable rights and legal rights of the citizenry to be accurately informed must not, by corruption, be perverted, lest that citizenry, acting on such perversion in their daily judgments,
certainly suffer to their physical and spiritual detriment.™
©2014 Edgar
Rogers-Chairman Human Utilities Whole Armour®
BUSINESS/FINANCIAL NEWS
&
PRESS RELEASES

Having trouble viewing this email? View
it as a Web page.
You are subscribed to Civil Penalties Information and/or
Office of Foreign Assets Control (OFAC) Recent Actions updates for the U.S. Department of the Treasury.
Release of OFAC Civil Penalties
Information
The U.S. Department of the Treasury’s Office of Foreign
Assets Control (OFAC) today announced a settlement with BitPay, Inc., a private company based in Atlanta, Georgia, that offers a payment
processing solution for merchants to accept digital currency as payment for goods and services. BitPay agreed to remit $507,375 to settle
its potential civil liability for 2,102 apparent violations of multiple sanctions programs. BitPay allowed persons who appear to have been
located in the Crimea region of Ukraine, Cuba, North Korea, Iran, Sudan, and Syria to transact with merchants in the United States and
elsewhere using digital currency on BitPay’s platform even though BitPay had location information, including Internet Protocol (IP)
addresses and other location data, about those persons prior to effecting the transactions.
For more information, please visit the following web
notice.
New information on OFAC Civil Penalties and Informal
Settlements is now
available.
|
|

Offices of the United States Attorneys
02/01/2021 12:00 AM EST
A former Dublin, Ohio, woman was sentenced in U.S. District Court today to 30 months in prison for conspiring to steal exosome-related trade
secrets concerning the research, identification and treatment of a range of pediatric medical conditions. Li Chen, 47, also conspired to
commit wire fraud. Chen admitted in her guilty plea in July 2020 to stealing scientific trade secrets related to exosomes and exosome
isolation from Nationwide Children’s Hospital’s Research Institute for her own personal financial gain.
02/01/2021 12:00 AM EST
A California man was charged in a complaint unsealed today for his alleged participation in a coordinated cryptocurrency and securities
fraud scheme that used purported digital currency platforms and foreign-based financial accounts.
01/21/2021 12:00 AM EST
 |
by Jim Kreidler Consumer Education Specialist, FTC
Using your own vehicle to deliver packages for Amazon and earn extra money. Sounds good, right? But has Amazon been keeping the
tips its drivers are making when delivering for its Amazon Flex program? According to the complaint the FTC issued today, the
answer is yes.
Read more >
|
|

FTA today announced a
total of $14
billion in Federal funding allocations to
continue to support the Nation’s public transportation systems during the Coronavirus Disease 2019 (COVID-19) public health emergency. Funding is
provided through the Coronavirus
Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) (H.R. 133), signed
by President Donald J. Trump on December 27, 2020. FTA previously announced $25 billion in Coronavirus Aid, Relief, and Economic Security (CARES) Act
funding in April 2020.
FTA is allocating $14 billion to recipients
of urbanized area and rural area formula funds, with
$13.27 billion allocated to large and small urban areas, $678.2 million allocated to rural areas and tribes, and $50 million allocated for the
enhanced mobility of seniors and individuals with disabilities. Similar to the CARES
Act, the supplemental funding will be provided at
100-percent federal share, with no local match required.
CRRSAA directs recipients to prioritize payroll and operational
needs. Funding will also support expenses traditionally eligible under the relevant program. Answers to Frequently
Asked Questions about this funding will be available on FTA’s web site. FTA will host a webinar series to provide further
information.
The U.S. Department of Transportation continues to work closely with
the Centers
for Disease Control and Prevention (CDC) and other Federal partners to provide guidance to the public transportation industry in response to
COVID-19. FTA has held regular conference calls and listening sessions with transit stakeholders and posted updated Frequently
Asked Questions (FAQs) regarding COVID-19 on its web site.
Links:
News Release
FTA CRRSAA information page
Apportionments and Allocations
FAQs
CDC COVID-19 information
Consolidated Appropriations Act 2021
FOR IMMEDIATE RELEASE
|
TUESDAY, DECEMBER 15, 2020
|
|
|
NEW ORLEANS, La. – United States
Attorney Peter G. Strasser and Makan Delrahim, Assistant Attorney General for the Antitrust Division of the Department of Justice,
announced that CAJAN WELDING & RENTALS LTD., a company located in Opelousas, Louisiana, was sentenced by United States District Judge
Greg G. Guidry after previously pleading guilty to one count of conspiracy to defraud the United States and to violate the Procurement
Integrity Act, in violation of 18 U.S.C. § 371.
According to the plea agreement, CAJAN WELDING &
RENTALS LTD. conspired with unnamed co-conspirators to defraud the United States by corrupting and impairing the government procurement
process, and by obtaining non-public pricing and cost information in order to obtain subcontract awards and payments from the U.S.
Department of Energy in connection with its operation of the nation’s Strategic Petroleum Reserve.
Judge Guidry sentenced CAJAN WELDING & RENTALS
LTD. to a criminal fine of $400,000 and a mandatory special assessment fee of $400.
“Fraud against the U.S. government, regardless of its
scope and means of orchestration, is a serious crime. Especially egregious is fraud that undermines the government procurement
processes, which erodes public trust,” said U.S. Attorney of the Eastern District of Louisiana Peter G. Strasser. “It is imperative
that fair bidding procedures are preserved. This sentencing sends a clear message that our office will vigorously investigate and
prosecute all such corruption cases.”
“The investigation and prosecution of organizations
that cheat, collude, and seek to undermine the integrity of government procurement remain priorities for the division,” said Assistant
Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “The division is dedicated to protecting the public
purse from conspiracies that rob taxpayers and critical federal programs — like the Strategic Petroleum Reserve — of the benefits of
competition.”
This case is the result of a federal investigation
being conducted by the United States Attorney’s Office in the Eastern District of Louisiana, the Department of Justice Antitrust
Division’s Washington Criminal II Section, and the Department of Energy’s Office of the Inspector General.
# # #
|
|
FDIC Issues List of Banks Examined for CRA Compliance
|
|
The Federal Deposit Insurance Corporation (FDIC) today issued its list of state nonmember banks recently evaluated for
compliance with the Community Reinvestment Act (CRA). The list covers evaluation ratings that the FDIC assigned to institutions
in September 2020.
The CRA is a 1977 law intended to encourage insured banks and thrifts to meet local credit needs, including those of low- and
moderate-income neighborhoods, consistent with safe and sound operations. As part of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (FIRREA), Congress mandated the public disclosure of an evaluation and rating for each
bank or thrift that undergoes a CRA examination on or after July 1, 1990.
You may obtain a consolidated
list of all state nonmember banks whose evaluations have been made publicly available since July 1, 1990, including the
rating for each bank, or obtain a hard copy from FDIC's Public Information Center, 3501 Fairfax Drive, Room E-1002, Arlington,
VA 22226 (877-275-3342 or 703-562-2200).
A copy of an individual bank's CRA evaluation is available directly from the bank, which is required by law to make the material
available upon request, or from the FDIC's Public Information Center.
Attachments:
December 2020 List of Banks Examined for CRA Compliance
Monthly List of Banks Examined for CRA Compliance
|
|
|
BEA News: U.S. International Trade in Goods and Services, October 2020
The U.S. Bureau of
Economic Analysis (BEA) has issued the following news release today:
The U.S. Census Bureau and the U.S. Bureau of Economic Analysis announced today that the goods and services
deficit was $63.1 billion in October, up $1.0 billion from $62.1 billion in September, revised. October exports
were $182.0 billion, $4.0 billion more than September exports. October imports were $245.1 billion, $5.0
billion more than September imports.
|
|
|
|
|
12/03/2020 12:00 AM EST
A Maryland lawyer was charged in an 11-count indictment for his alleged role in a scheme to fraudulently obtain control of more than $12.5
million that was held by financial institutions on behalf of the Somali government, to improperly take part of those funds for fees and
expenses, and to launder a portion of those funds to accounts for the benefit of his co-conspirators.
11/30/2020 12:00 AM EST
An Indian national was sentenced today to 20 years in prison followed by three years of supervised release in the Southern District of Texas
for his role in operating and funding India-based call centers that defrauded U.S. victims out of millions of dollars between 2013 and 2016.
Acting Manhattan U.S. Attorney Announces Settlement Of Lawsuit Against Pharmacist For Fraudulent Billing Practices
11/24/2020 12:00 AM EST
WASHINGTON – Doctor’s Choice Home Care, Inc. and its former executives, Timothy Beach and Stuart Christensen, have agreed to pay $5.15 million
to resolve allegations that the home health agency provided improper financial inducements to referring physicians through sham medical
director agreements and bonuses to physicians’ spouses who were Doctor’s Choice employees, the Department of Justice announced today.
|
Settlement Will Increase Competition to the Benefit of American Homeowners and Homebuyers and Allow for Innovation in Brokerage
Markets
WASHINGTON – The Department of Justice today
filed a civil lawsuit against the National Association of REALTORS® (NAR) alleging that NAR established and enforced illegal
restraints on the ways that REALTORS® compete.
The Antitrust Division simultaneously filed a
proposed settlement that requires NAR to repeal and modify its rules to provide greater transparency to home buyers about the
commissions of brokers representing home buyers (buyer brokers), cease misrepresenting that buyer broker services are free,
eliminate rules that prohibit filtering multiple listing services (MLS) listings based on the level of buyer broker commissions, and
change its rules and policy which limit access to lockboxes to only NAR-affiliated real estate brokers. If approved, the settlement
will enhance competition in the real estate market, resulting in more choice and better service for consumers.
“Buying a home is one of life’s biggest and most
important financial decisions,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “Home
buyers and sellers should be aware of all the broker fees they are paying. Today’s settlement prevents traditional brokers from
impeding competition — including by internet-based methods of home buying and selling — by providing greater transparency to
consumers about broker fees. This will increase price competition among brokers and lead to better quality of services for American
home buyers and sellers.”
According to the complaint, NAR’s anticompetitive
rules, policies, and practices include: (i) prohibiting MLSs that are affiliated with NAR from disclosing to prospective buyers the
commission that the buyer broker will earn; (ii) allowing buyer brokers to misrepresent to buyers that a buyer broker’s services are
free; (iii) enabling buyer brokers to filter MLS listings based on the level of buyer broker commissions offered; and (iv) limiting
access to the lockboxes that provide licensed brokers with access to homes for sale to brokers who work for a NAR-affiliated MLS.
These NAR rules, policies, practices have been widely adopted by NAR-affiliated MLSs resulting in decreased competition among real
estate brokers.
NAR is a trade association of more than 1.4
million-member REALTORS® who are engaged in residential real estate brokerages across the United States. NAR has over 1,400 local
associations (called “Member Boards”) organized as MLSs through which REALTORS® share information about homes for sale in their
communities. Among other activities, NAR establishes and enforces rules, policies, and practices that are adopted by the Member
Boards and their affiliated MLSs.
The proposed settlement will be published in the
Federal Register as required by the Antitrust Procedures and Penalties Act. Any person may submit written comments regarding the
proposed final judgment within 60 days of its publications to Chief, Office of Decree Enforcement and Compliance, Antitrust
Division, U.S. Department of Justice, 950 Pennsylvania Ave., N.W., Washington, DC 20530. At the conclusion of the 60-day comment
period, the court may enter the proposed final judgment upon a finding that it serves the public interest.
###
|
|
|
 |
|
The Federal Trade Commission has sent a warning
letter to a company that markets financial aid prep assistance to post-secondary students, notifying the company that
it could potentially be misleading consumers about access to a coronavirus relief program.
The letter to the operators of Frank Financial Aid (Frank) highlights the company’s claims that it gives students
“everything you need” to apply for emergency grants available under the Coronavirus Aid, Relief, and Economic Security
(CARES) Act, and that there are four identified eligibility criteria for the emergency relief.
In fact, as the FTC’s letter notes, Frank’s purported assistance to students consists primarily of providing a form
letter that may lack the information a student would need to apply for one of the grants from his or her school. The CARES
Act program for students is administered by individual colleges and universities, and each has its own unique application
process and grant eligibility criteria.
The FTC’s letter also warns Frank about offers of cash advances that can be paid back “when your financial aid comes in”
and with “no interest, no fees – ever.” The letter notes that the company’s terms, however, appear to require the advance
to be paid back within 61 days, whether or not the student has received any aid from his or her college or university by
that time. Additionally, Frank charges a $19.90 monthly fee, according to the FTC’s letter.
The letter warns Frank to take prompt action to ensure all deceptive or unlawful claims are removed or corrected, and
any other required disclosures are provided. The letter also instructs the company to notify the FTC by November 17 about
the specific actions it has taken to address the agency’s concerns.
The Federal Trade Commission works to promote competition and to protect
and educate consumers. You can learn
more about consumer topics and report scams, fraud, and bad business practices online at ReportFraud.ftc.gov.
Like the FTC on Facebook,
follow us on Twitter,
get consumer
alerts, read our blogs,
and subscribe
to press releases for the latest FTC news and resources.
Contact Information
Contact For Consumers:
|
|
 |
|
The Federal Trade Commission is sending refunds totaling nearly $1.5 million to individuals who were affected by allegedly
unlawful financing and sales practices by Bronx Honda.
According to the FTC, Bronx Honda and its general manager told sales employees to charge higher financing markups
and fees to African-American and Hispanic customers. The defendants told employees that these groups should be targeted due
to their limited education, and not to attempt the same practices with non-Hispanic white consumers.
The FTC further alleged that Bronx Honda failed to honor advertised sale prices, changed the sales price on
paperwork in the middle of the sale without telling the consumer, double-charged consumers for taxes and fees, and
misrepresented to consumers that they were required to pay extra reconditioning and warranty fees to purchase “certified”
vehicles.
The FTC is providing refunds, averaging about $371 each, to 3,977 victims of Bronx Honda’s practices. Those who
receive checks should deposit or cash their checks within 60 days, as indicated on the check. The FTC never requires people
to pay money or provide account information to cash a refund check.
Recipients who have questions about the refunds, or consumers who financed a car purchase from Bronx Honda in 2016
through 2018 and have not previously requested a refund, should contact JND Legal Administration at 888-921-0727.
The FTC’s interactive
dashboards for refund data provide a state-by-state breakdown of FTC refunds. FTC actions led to more than
$642 million in refunds to consumers across the country in fiscal year 2020.
The Federal Trade Commission works to promote competition, and protect
and educate consumers. You can learn
more about consumer topics and report
fraud online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook,
follow us on Twitter,
read our blogs,
and subscribe
to press releases for the latest FTC news and resources.
Contact Information
Contact For Consumers:
>
|
|
11/04/2020 12:00 AM EST
David Green, age 25, of Miami Gardens, Florida, pleaded guilty yesterday to a federal mail fraud conspiracy charge, in connection with a scheme
in which he defrauded more than 28 elderly victims of more than $939,000.
11/04/2020 12:00 AM EST
TULSA, Okla. – A Norman man pleaded guilty Tuesday in U.S. District Court for his role as a money launderer in a Nigerian romance scam that
defrauded multiple victims, including elder Americans, of millions, announced U.S. Attorney Trent Shores. Afeez Olajide Adebara, 35, pleaded
guilty to conspiracy to commit money laundering before U.S. District Court Judge Gregory K. Frizzell. Adebara’s sentencing hearing is set for
Feb. 3, 2021.
U.S. Department of the Treasury Daily Treasury Yield Curve Rates Update
|
BEA News: U.S. International Trade in Goods and Services, September 2020
The U.S. Bureau of Economic Analysis (BEA) has issued the following news
release today:
The U.S. monthly international trade deficit decreased in September 2020
according to the U.S. Bureau of Economic Analysis and the U.S. Census Bureau. The deficit decreased from $67.0
billion in August (revised) to $63.9 billion in September, as exports increased more than imports. The
previously published August deficit was $67.1 billion. The goods deficit decreased $3.1 billion in September
to $80.7 billion. The services surplus increased less than $0.1 billion in September to $16.8 billion.
|
|
|
|
|
10/27/2020 12:00 AM EDT
Beam Suntory Inc. (Beam), a Chicago-based company that produces and sells distilled beverages, has agreed to pay a criminal monetary penalty of
$19,572,885 to resolve the department’s investigation into violations of the Foreign Corrupt Practices Act (FCPA).
10/27/2020 12:00 AM EDT
10/26/2020 12:00 AM EDT
Marquet Antwain Burgess Mattox, AKA Marquet Antwain Burgess Mattox El, AKA Marquet Burgess Mattox, AKA Asim Ashunta El, AKA Asim El Bey, 48, of
Lilburn, Georgia was charged by a federal grand jury on September 17 with nine counts of wire fraud, ten counts of false claims against the
U.S. Government and one count of theft of government funds.
United Fidelity Bank, fsb, Evansville, Indiana, Assumes All of the Deposits of First City Bank of Florida, Fort Walton Beach,
Florida
|
|
FDIC Customer Service Call Center Toll Free - 1-800-517-8236
|
|
WASHINGTON – First City Bank of Florida, Fort Walton Beach, Florida, was closed today by the Florida Office of Financial
Regulation, which appointed the Federal Deposit Insurance Corporation (FDIC) as receiver. The failed bank experienced
longstanding capital and asset quality issues, operating with financial difficulties dating back to 2009, which are not related
to the current economic conditions resulting from the pandemic.
To protect depositors, the FDIC entered into a purchase and assumption agreement with United Fidelity Bank, fsb in Evansville,
Indiana, to assume all of the deposits of First City Bank of Florida. The two branches of First City Bank of Florida will reopen
as branches of United Fidelity Bank, fsb on Saturday, October 17. The drive-up windows will be open during normal business
hours; however, lobbies of these locations will remain accessible by appointment only. The FDIC strongly encourages bank
customers to follow Centers for Disease Control and Prevention guidance on social distancing and utilize online and electronic
banking capabilities.
Depositors of First City Bank of Florida will automatically become depositors of United Fidelity Bank, fsb. Deposits will
continue to be insured by the FDIC, and customers do not need to change their banking relationship in order to retain their
deposit insurance coverage up to applicable limits. Customers of First City Bank of Florida should continue to use their
existing branch until they receive notice from United Fidelity Bank, fsb that it has completed systems changes to allow other
United Fidelity Bank, fsb branches to process their accounts as well.
This evening and over the weekend, depositors of First City Bank of Florida can access their money by writing checks or using
ATM or debit cards. Checks drawn on the bank will continue to be processed. Loan customers should continue to make their
payments as usual.
As of June 30, 2020, First City Bank of Florida had approximately $134.7 million in total assets and $131.4 million in total
deposits. In addition to assuming all of the deposits, United Fidelity Bank, fsb agreed to purchase essentially all of the
failed bank’s assets.
The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $10 million. Compared to other alternatives, United
Fidelity Bank, fsb’s acquisition was the least costly resolution for the DIF, which is an insurance fund created by Congress in
1933 and managed by the FDIC to protect the deposits at the nation’s banks.
Customers with questions about the transaction should call the FDIC toll-free at 1-800-517-8236. The phone number will be
operational this evening until 9:00 p.m., Central Time (CT); on Saturday from 9:00 a.m. to 6:00 p.m., CT; on Sunday from noon to
6:00 p.m., CT; on Monday from 8:00 a.m. to 8:00 p.m., CT; and thereafter from 9:00 a.m. to 5:00 p.m., CT. Interested parties
also can visit the FDIC's website.
|
|
NYSE
NYSE PILLAR - SESSIONS FOR NYSE FLOOR BROKERS - UPDATE
The introduction of NYSE Pillar sessions for Floor Broker systems scheduled to begin on October 19, 2020 is being postponed until November 9,
2020.
10/15/2020 12:00 AM EDT
Fourteen members of the transnational criminal organization, QQAAZZ, were charged by a federal grand jury in the Western District of
Pennsylvania in an indictment unsealed today. A related indictment unsealed in October 2019 charged five members of QQAAZZ. One additional
conspirator, a Russian national, was arrested by criminal complaint in late March 2020 while visiting the United States, bringing the total
number of charged defendants to 20. Acting Assistant Attorney General Brian C. Rabbitt of the U.S. Department of Justice’s Criminal Division
and U.S. Attorney Scott W. Brady for the Western District of Pennsylvania, made the announcement today.
10/15/2020 12:00 AM EDT
10/16/2020 12:00 AM EDT
U.S. Department of the Treasury Daily Treasury Real Long-Term Rates Update
10/14/2020 12:00 AM EDT
J&F Investimentos S.A. (J&F), a Brazil-based investment company that owns and controls companies involved in multiple industries, including the
meat and agriculture industry, has agreed to pay a criminal monetary penalty of $256,497,026 to resolve the department’s investigation into
violations of the Foreign Corrupt Practices Act (FCPA). The resolution arises out of J&F’s scheme to pay millions of dollars in bribes to
government officials in Brazil in exchange for obtaining financing and other benefits for J&F and J&F-owned entities.
10/14/2020 12:00 AM EDT
PROVIDENCE – Four individuals in Florida have been arrested and more than $1.2 million dollars in cash has been seized in a wide-ranging,
ongoing joint federal and state investigation into a significant number of fraudulent unemployment insurance claims submitted to the Rhode
Island Department of Labor and Training (RIDLT), and elsewhere, for benefits funded in part by the Coronavirus Aid, Relief, and Economic
Security (CARES) Act. The CARES Act was passed by Congress to assist, among others, individuals whose employment has been impacted by the
pandemic.
10/14/2020 12:00 AM EDT
U.S. District Judge George J. Hazel yesterday sentenced Saulina Helen Eady, age 38, of Los Angeles, California, to three years in federal
prison, followed by three years of supervised release, for conspiracy to commit mail and wire fraud, in connection with a scheme to
fraudulently obtain goods using what appeared to be a military e-mail address, but was actually a registered Yahoo e-mail address. Judge Hazel
also entered an order requiring Eady to forfeit and to pay restitution in the full amount of one of the victim’s losses, which is $640,172.80.
Eady has been detained since her arrest in October 2018.
PRESIDENTIAL PERMIT AUTHORIZING EXPRESS PIPELINE, LLC, TO OPERATE AND MAINTAIN EXISTING
PIPELINE FACILITIES AT THE INTERNATIONAL BOUNDARY BETWEEN THE UNITED STATES AND CANADA
By virtue of the authority vested in me as President of the United States of America (the
"President"), I hereby grant this Presidential permit, subject to the conditions herein set forth,
to Express Pipeline, LLC (the "permittee"). The permittee is a limited liability corporation
incorporated in the State of Delaware. Permission is hereby granted to the permittee to operate
and maintain existing pipeline Border facilities, as described herein, at the international border
of the United States and Canada near Wild Horse, Montana, for the transport between the
United States and Canada of all hydrocarbons and petroleum products of every description, refined
or unrefined (inclusive of, but not limited to, crude oil, naphtha, liquefied petroleum gas,
natural gas liquids, jet fuel, gasoline, kerosene, and diesel), but not including natural gas
subject to section 3 of the Natural Gas Act, as amended (15 U.S.C. 717b). This permit
supersedes and revokes the Presidential permit issued to the permittee, dated July 9, 2015, see 80
Fed. Reg. 45695 (July 31, 2015); the Presidential permit issued to the permittee, dated September
27, 2004; and the Presidential permit issued to the permittee's predecessor in interest, Express
Pipeline Partnership, dated August 30, 1996. This permit does not affect the
applicability of any otherwise-relevant laws and regulations. As confirmed in Article 2 of this
permit, the Border facilities shall remain subject to all such laws and regulations.
The term "Facilities," as used in this permit, means the portion in the United States of the
international pipeline project associated with the permittee's November 6, 2019, application for
an amendment to its existing permit, and any land, structures, installations, or equipment
appurtenant thereto. The term "Border facilities," as used in this permit, means
those parts of the Facilities consisting of a 24-inch diameter pipeline in existence at the time
of this permit's issuance extending from the international border between the United States and
Canada near Wild Horse, Montana, to and including the first mainline shut-off valve located in the
United States, approximately 5.89 miles from the international border, and any land, structures,
installations, or equipment appurtenant thereto. This permit is subject to the
following conditions: Article 1. The Border facilities herein described, and
all aspects of their operation, shall be subject to all the conditions, provisions, and
requirements of this permit and any subsequent Presidential amendment to it. This permit may
be terminated, revoked, or amended at any time at the sole discretion of the President, with or
without advice provided by any executive department or agency (agency). The permittee shall make
no substantial change in the Border facilities, in the location of the Border facilities, or in
the operation authorized by this permit unless the President has approved the change in an
amendment to this permit or in a new permit. Such substantial changes do not include, and the
permittee may make, changes to the average daily throughput capacity of the Border facilities to
any volume of products that is achievable through the Border facilities, and to the directional
flow of any such products. Article 2. The standards for, and the manner of,
operation and maintenance of the Border facilities shall be subject to inspection by the
representatives of appropriate Federal, State, and local agencies. Officers and employees of such
agencies who are duly authorized and performing their official duties shall be granted free and
unrestricted access to the Border facilities by the permittee. The Border facilities, including
the operation and maintenance of the Border facilities, shall be subject to all applicable laws
and regulations, including pipeline safety laws and regulations issued or administered by the
Pipeline and Hazardous Materials Safety Administration of the U.S. Department of Transportation.
Article 3. Upon the termination, revocation, or surrender of this permit, unless
otherwise decided by the President, the permittee, at its own expense, shall remove the Border
facilities within such time as the President may specify. If the permittee fails to comply with
an order to remove, or to take such other appropriate action with respect to, the Border
facilities, the President may direct an appropriate official or agency to take possession of the
Border facilities -- or to remove the Border facilities or take other action -- at the expense of
the permittee. The permittee shall have no claim for damages caused by any such possession,
removal, or other action. Article 4. When, in the judgment of the President,
ensuring the national security of the United States requires entering upon and taking possession
of any of the Border facilities or parts thereof, and retaining possession, management, or control
thereof for such a length of time as the President may deem necessary, the United States shall
have the right to do so, provided that the President or his designee has given due notice to the
permittee. The United States shall also have the right thereafter to restore possession and
control to the permittee. In the event that the United States exercises the rights described in
this article, it shall pay to the permittee just and fair compensation for the use of such Border
facilities, upon the basis of a reasonable profit in normal conditions, and shall bear the cost of
restoring the Border facilities to their previous condition, less the reasonable value of any
improvements that may have been made by the United States. Article 5. Any
transfer of ownership or control of the Border facilities, or any part thereof, or any changes to
the name of the permittee, shall be immediately communicated in writing to the President or his
designee, and shall include information identifying any transferee. Notwithstanding any such
transfers or changes, this permit shall remain in force subject to all of its conditions,
permissions, and requirements, and any amendments thereto, unless subsequently terminated,
revoked, or amended by the President. Article 6. (1) The permittee is
responsible for acquiring any right-of-way grants or easements, permits, and other authorizations
as may become necessary or appropriate. (2) The permittee shall hold harmless and
indemnify the United States from any claimed or adjudged liability arising out of construction,
connection, operation, or maintenance of the Border facilities, including environmental
contamination from the release, threatened release, or discharge of hazardous substances or
hazardous waste. (3) To ensure the safe operation of the Border facilities, the
permittee shall maintain them and every part of them in a condition of good repair and in
compliance with applicable law. Article 7. The permittee shall file with the
President or his designee, and with appropriate agencies, such sworn statements or reports with
respect to the Border facilities, or the permittee's activities and operations in connection
therewith, as are now, or may hereafter, be required under any law or regulation of the United
States Government or its agencies. These reporting obligations do not alter the intent that this
permit be operative as a directive issued by the President alone. Article 8.
Upon request, the permittee shall provide appropriate information to the President or his
designee with regard to the Border facilities. Such requests could include, for example,
information concerning current conditions or anticipated changes in ownership or control,
construction, connection, operation, or maintenance of the Border facilities. Article
9. This permit is not intended to, and does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or agents, or any other person.
IN WITNESS WHEREOF, I, DONALD J. TRUMP, President of the United States of America, have
hereunto set my hand this third day of October, in the year of our Lord two thousand twenty, and
of the Independence of the United States of America the two hundred and forty-fifth.
DONALD J. TRUMP
###
|
|
PRESIDENTIAL PERMIT AUTHORIZING FRONT RANGE PIPELINE, LLC, TO OPERATE AND MAINTAIN
EXISTING PIPELINE FACILITIES AT THE INTERNATIONAL BOUNDARY BETWEEN THE UNITED STATES AND CANADA
By virtue of the authority vested in me as President of the United States of America (the
"President"), I hereby grant this Presidential permit, subject to the conditions herein set forth,
to Front Range Pipeline, LLC (the "permittee"). The permittee is a wholly owned subsidiary of CHS
Inc., an agricultural business cooperative incorporated in the State of Minnesota. Permission is
hereby granted to the permittee to operate and maintain existing pipeline Border facilities, as
described herein, at the international border of the United States and Canada at Toole County,
Montana, for the transport between the United States and Canada of all hydrocarbons and petroleum
products of every description, refined or unrefined (inclusive of, but not limited to, crude oil,
naphtha, liquefied petroleum gas, natural gas liquids, jet fuel, gasoline, kerosene, and diesel),
but not including natural gas subject to section 3 of the Natural Gas Act, as amended (15 U.S.C.
717b). This permit does not affect
the applicability of any otherwise-relevant laws and regulations. As confirmed in Article 2 of
this permit, the Border facilities shall remain subject to all such laws and regulations.
The term "Facilities," as used in this permit, means the portion in the United States
of the international pipeline project associated with the permittee's April 30, 2019, application
for a Presidential permit, and any land, structures, installations, or equipment appurtenant
thereto. The term "Border facilities," as used in this permit, means those parts of
the Facilities consisting of one 10-inch diameter pipeline and one 12-inch diameter pipeline in
existence at the time of this permit's issuance extending from the international border between
the United States and Canada at Toole County, Montana, to and including the first mainline
shut-off valve in the United States, located in that county approximately one third of a mile from
the international border, and any land, structures, installations, or equipment appurtenant
thereto. This permit is subject to
the following conditions: Article 1. The Border facilities herein described,
and all aspects of their operation, shall be subject to all the conditions, provisions, and
requirements of this permit and any subsequent Presidential amendment to it. This permit may
be terminated, revoked, or amended at any time at the sole discretion of the President, with or
without advice provided by any executive department or agency (agency). The permittee shall make
no substantial change in the Border facilities, in the location of the Border facilities, or in
the operation authorized by this permit unless the President has approved the change in an
amendment to this permit or in a new permit. Such substantial changes do not include, and the
permittee may make, changes to the average daily throughput capacity of the Border facilities to
any volume of products that is achievable through the Border facilities, and to the directional
flow of any such products. Article 2. The standards for, and the manner of,
operation and maintenance of the Border facilities shall be subject to inspection by the
representatives of appropriate Federal, State, and local agencies. Officers and employees of such
agencies who are duly authorized and performing their official duties shall be granted free and
unrestricted access to the Border facilities by the permittee. The Border facilities, including
the operation and maintenance of the Border facilities, shall be subject to all applicable laws
and regulations, including pipeline safety laws and regulations issued or administered by the
Pipeline and Hazardous Materials Safety Administration of the U.S. Department of Transportation.
Article 3. Upon the termination, revocation, or surrender of this permit, unless
otherwise decided by the President, the permittee, at its own expense, shall remove the Border
facilities within such time as the President may specify. If the permittee fails to comply with
an order to remove, or to take such other appropriate action with respect to, the Border
facilities, the President may direct an appropriate official or agency to take possession of the
Border facilities -- or to remove the Border facilities or take other action -- at the expense of
the permittee. The permittee shall have no claim for damages caused by any such possession,
removal, or other action. Article 4. When, in the judgment of the President,
ensuring the national security of the United States requires entering upon and taking possession
of any of the Border facilities or parts thereof, and retaining possession, management, or control
thereof for such a length of time as the President may deem necessary, the United States shall
have the right to do so, provided that the President or his designee has given due notice to the
permittee. The United States shall also have the right thereafter to restore possession and
control to the permittee. In the event that the United States exercises the rights described in
this article, it shall pay to the permittee just and fair compensation for the use of such Border
facilities, upon the basis of a reasonable profit in normal conditions, and shall bear the cost of
restoring the Border facilities to their previous condition, less the reasonable value of any
improvements that may have been made by the United States. Article 5. Any
transfer of ownership or control of the Border facilities, or any part thereof, or any changes to
the name of the permittee, shall be immediately communicated in writing to the President or his
designee, and shall include information identifying any transferee. Notwithstanding any such
transfers or changes, this permit shall remain in force subject to all of its conditions,
permissions, and requirements, and any amendments thereto, unless subsequently terminated,
revoked, or amended by the President. Article 6. (1) The permittee is
responsible for acquiring any right-of-way grants or easements, permits, and other authorizations
as may become necessary or appropriate. (2) The permittee shall hold harmless and
indemnify the United States from any claimed or adjudged liability arising out of construction,
connection, operation, or maintenance of the Border facilities, including environmental
contamination from the release, threatened release, or discharge of hazardous substances or
hazardous waste. (3) To ensure the safe operation of the Border facilities, the
permittee shall maintain them and every part of them in a condition of good repair and in
compliance with applicable law. Article 7. The permittee shall file with the
President or his designee, and with appropriate agencies, such sworn statements or reports with
respect to the Border facilities, or the permittee's activities and operations in connection
therewith, as are now, or may hereafter, be required under any law or regulation of the United
States Government or its agencies. These reporting obligations do not alter the intent that this
permit be operative as a directive issued by the President alone. Article 8.
Upon request, the permittee shall provide appropriate information to the President or his
designee with regard to the Border facilities. Such requests could include, for example,
information concerning current conditions or anticipated changes in ownership or control,
construction, connection, operation, or maintenance of the Border facilities. Article
9. This permit is not intended to, and does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or agents, or any other person.
IN WITNESS WHEREOF, I, DONALD J. TRUMP, President of the United States of America, have
hereunto set my hand this third day of October, in the year of our Lord two thousand twenty, and
of the Independence of the United States of America the two hundred and forty-fifth.
DONALD J. TRUMP
###
|
|

A federal grand jury returned an indictment against Dr. William Harwin, founder and former President of Florida Cancer Specialists & Researc |




FDIC Issues List of Banks Examined for CRA Compliance
|
|
The Federal Deposit Insurance Corporation (FDIC) today issued its list of state nonmember banks recently evaluated for
compliance with the Community Reinvestment Act (CRA). The list covers evaluation ratings that the FDIC assigned to
institutions in July 2020.
The CRA is a 1977 law intended to encourage insured banks and thrifts to meet local credit needs, including those of low- and
moderate-income neighborhoods, consistent with safe and sound operations. As part of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (FIRREA), Congress mandated the public disclosure of an evaluation and rating for each
bank or thrift that undergoes a CRA examination on or after July 1, 1990.
You may obtain a consolidated
list of all state nonmember banks whose evaluations have been made publicly available since July 1, 1990,
including the rating for each bank, or obtain a hard copy from FDIC's Public Information Center, 3501 Fairfax Drive, Room
E-1002, Arlington, VA 22226 (877-275-3342 or 703-562-2200).
A copy of an individual bank's CRA evaluation is available directly from the bank, which is required by law to make the material
available upon request, or from the FDIC's Public Information Center.
Attachments:
###
|
|
09/29/2020 12:00 AM EDT
09/29/2020 12:00 AM EDT
A South Texas doctor has agreed to pay $3,234,900.50 to resolve allegations he fraudulently submitted claims to the Medicare program for
medically unnecessary tests and procedures
FOR IMMEDIATE RELEASE
|
THURSDAY, SEPTEMBER 24, 2020 |
|
|
|
|
WASHINGTON – A federal grand jury returned
an indictment against Dr. William Harwin, founder and former President of Florida Cancer Specialists & Research Institute LLC
(FCS), for conspiring to allocate medical and radiation oncology treatments for patients in Southwest Florida, the Department
of Justice announced today.
The indictment, filed in the U.S. District
Court in Fort Myers, Florida, charges Harwin for participating in a criminal conspiracy with a competing oncology group in
Collier, Lee, and Charlotte counties (Southwest Florida). Beginning as early as 1999 and continuing until at least 2016,
Harwin and his co-conspirators entered into an illegal agreement to allocate medical oncology treatments, such as
chemotherapy, to FCS and radiation oncology treatments to a competing oncology group. The conspiracy allowed FCS and the
competing oncology group to operate with minimal competition in Southwest Florida and limited valuable integrated care options
and choices for cancer patients.
“As the charge demonstrates, the division
remains committed to holding culpable executives accountable for their crimes, especially when they impact vulnerable
Americans, such as those in need of life-saving treatments,” said Assistant Attorney General Makan Delrahim of the Department
of Justice’s Antitrust Division. “The Antitrust Division will continue to work to protect competition and integrity in
the healthcare industry.”
“It is unconscionable for a doctor to
prioritize profits over patient care," said Michael F. McPherson, Special Agent in Charge of the FBI Tampa Field Office.
“The FBI will persist in exposing unscrupulous medical providers who deny the public access to a competitive healthcare
marketplace.”
The indictment follows a felony charge
filed against FCS in April 2020 for its role in the same conspiracy in which Harwin is alleged to have participated. The
Antitrust Division and FCS resolved the charge with a deferred prosecution agreement, under which the company admitted to
conspiring to allocate treatments for cancer patients and agreed to pay a $100 million criminal penalty. FCS also agreed
to waive and refrain from enforcing any non-compete provisions with its current or former oncologists or other employees who,
during the term of the deferred prosecution agreement, open or join an oncology practice in Southwest Florida.
An indictment merely alleges that a crime
has been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The charge in the indictment carries a
maximum penalty of 10 years in prison and a $1 million fine for individuals. The maximum fine may be increased to twice
the gain derived from the crime or twice the loss suffered by victims if either amount is greater than $1 million.
Today’s announcement is the result of an
ongoing federal antitrust investigation into market allocation and other anticompetitive conduct in the oncology industry,
which is being conducted by the Antitrust Division’s Washington Criminal II Section and the FBI’s Tampa Field Office – Fort
Myers R.A. Anyone with information in connection with this investigation or anticompetitive conduct in the healthcare
industry generally is urged to contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or visit https://www.justice.gov/atr/contact/newcase.html.
|
|
|
|
|
 |
by Bridget Small Division of Consumer & Business Education
Refund checks worth about $147 million are going out to almost 33,000 people who sent money to scammers through Western Union
wire transfers. This is the second group of payments related to the Western Union settlement. These refunds are going to people in
the US and other countries, including many older adults who lost money to grandparent, lottery, sweepstakes, or romance scams.
Read more >
|
|
Department of Justice
09/14/2020 12:00 AM EDT
The U.S. Department of Justice, Environmental Protection Agency (EPA), and California Air Resources Board (CARB) announced today a proposed
settlement with German automaker Daimler AG and its American subsidiary Mercedes-Benz USA, LLC (collectively, “Daimler”) resolving alleged
violations of the Clean Air Act and California law associated with emissions cheating.
09/14/2020 12:00 AM EDT
09/14/2020 12:00 AM EDT
Earlier today, in federal court in Brooklyn, John Comito, Chief Executive Officer of AutoExec Computer Systems, Inc., pleaded guilty
before United States Magistrate Judge Roanne L. Mann to wire fraud in connection with his theft of hundreds of thousands of dollars that
was earmarked for the installation of internet access at 26 Catholic Elementary, Middle and High Schools in New York City.
 |
|
Settlements will permanently prohibit defendants from charity fundraising business, require them to pay back money for
use by legitimate charities
A sprawling fundraising operation that allegedly scammed consumers out of millions of dollars will be permanently
banned from charitable fundraising along with its owner and others involved in its operation as a result of a lawsuit
brought by the Federal Trade Commission and Attorneys General of New York, Virginia, Minnesota, and New Jersey.
The operation is made up of multiple companies all under the control of owner Mark Gelvan, along with his associates
Thomas Berkenbush, William English, and Damian Muziani. The complaint
filed by the FTC and the states alleges that the defendants served as the primary fundraisers for a number of sham
charities that were the subject of numerous law enforcement actions.
The complaint alleges that the sham charities claimed to use consumers’ donations to help homeless veterans, retired
and disabled law enforcement officers, breast cancer survivors, and others in need. In fact, these organizations spent
almost none of the donations on the promised activities.
“This action puts fundraisers on notice: the FTC will not only shut down sham charities, it will aggressively pursue
their fundraisers who participate in the deception,” said Andrew Smith, Director of the FTC’s Bureau of Consumer
Protection. “If you’re giving to charity and want to make sure your donations count, start at ftc.gov/charity to
learn how to spot the scams.”
“It is critically important that donors are able to trust that their contributions are being used as they intended, and
not to line the pockets of individuals who exploit the generosity of others,” said New York Attorney General Letitia
James. “My office will continue to work with partners such as the FTC and other states to take action that protects donors
and charitable entities.”
The complaint alleges that as much as 90 percent of the money raised by the defendants for these sham charities went to
the defendants themselves as payment for their fundraising services. What little money the charities did receive was
rarely spent on any of their supposedly charitable missions, sometimes less than two percent.
According to the complaint, the defendants orchestrated the sham charities’ fundraising operations by soliciting
donations, writing fundraising materials, and providing other key support to the sham charities. Defendants placed calls
misrepresenting how donations would be used, and in many instances, the calls violated consumers’ do-not-call requests.
The defendants in the case, who have worked with each other for as long as 30 years, have been subject to numerous law
enforcement actions dating back as far as 1996.
Under the proposed settlements, all of the defendants will be permanently prohibited from participating in any charity
fundraising, and from deceiving consumers in any other fundraising effort, including for political action committees
(PACs). The defendants will be required to clearly inform consumers at the time they ask for money that any donations are
not charitable and not eligible for tax deductions. In addition, the defendants will be subject to significant monetary
judgments and required to surrender assets as follows:
Gelvan, Outreach Calling, Inc., Outsource 3000, Inc., and Production Consulting Corp.: These
defendants will be subject to a monetary judgment of $56,023,481, which is partially suspended based on their inability to
pay. The corporate defendants will be required to surrender $45,386. Gelvan will be required to surrender $800,000, and
will be required to sell two New Jersey properties he has a stake in and surrender any net proceeds of those sales.
Damian Muziani: Muziani will be subject to a monetary judgment of $484,172, which is partially suspended due to his
inability to pay. He will be required to surrender $12,369.
Thomas Berkenbush: Berkenbush will be subject to a monetary judgment of $1,132,155, which is partiall suspended
due to his inability to pay. He will be required to surrender $5,000.
William English: English will be subject to a monetary judgment of $873,293, which is partially suspended due to his
inability to pay. He will be required to surrender $30,000. The terms of his settlement also prohibit him from
participating in any fundraising activity of any kind.
The funds being surrendered by the defendants will be paid to the State of New York, which will contribute the funds on
behalf of New York, Virginia, and New Jersey to legitimate charities that perform services that mirror those promised by
the sham charities.
In the event any of the defendants either fails to surrender the amounts they owe or is found to have misrepresented
their ability to pay, the full amount of their judgment would become payable immediately.
The Commission vote authorizing the staff to file the complaint and stipulated final orders was 3-0-2, with
Commissioners Rebecca Kelly Slaughter and Christine S. Wilson recorded as not participating. The FTC filed the complaint
and final orders in the U.S. District Court for the Southern District of New York.
NOTE: The Commission files a complaint when it has “reason to believe” that the named
defendants are violating or are about to violate the law and it appears to the Commission that a proceeding is in the
public interest. Stipulated final orders have the force of law when approved and signed by the District Court judge.
The Federal Trade Commission works to promote competition, and protect
and educate consumers. You can learn
more about consumer topics and file a consumer
complaint online or by calling 1-877-FTC-HELP (382-4357).
Contact Information
Contact For Consumers:
|
|
FDIC Issues List of Banks Examined for CRA Compliance
|
|
The Federal Deposit Insurance Corporation (FDIC) today issued its list of state nonmember banks recently evaluated for
compliance with the Community Reinvestment Act (CRA). The list covers evaluation ratings that the FDIC assigned to
institutions in June 2020.
The CRA is a 1977 law intended to encourage insured banks and thrifts to meet local credit needs, including those of low- and
moderate-income neighborhoods, consistent with safe and sound operations. As part of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (FIRREA), Congress mandated the public disclosure of an evaluation and rating for each
bank or thrift that undergoes a CRA examination on or after July 1, 1990.
You may obtain a consolidated
list of all state nonmember banks whose evaluations have been made publicly available since July 1, 1990,
including the rating for each bank, or obtain a hard copy from FDIC's Public Information Center, 3501 Fairfax Drive, Room
E-1002, Arlington, VA 22226 (877-275-3342 or 703-562-2200).
A copy of an individual bank's CRA evaluation is available directly from the bank, which is required by law to make the material
available upon request, or from the FDIC's Public Information Center.
Attachments:
# # #
|
|
Offices of the United States Attorneys
09/03/2020 12:00 AM EDT
09/03/2020 12:00 AM EDT
09/03/2020 12:00 AM EDT
An international conspiracy that profited from drug trafficking and the illegal wildlife trade and conspired to hide the illegal
nature of the proceeds has been shut down in a multi-agency law enforcement operation.
09/03/2020 12:00 AM EDT
Tampa, Florida – United States Attorney Maria Chapa Lopez, along with federal, state, and local law enforcement partners,
announces several recent arrests in “Operation Pocket Dial” – a joint investigation targeting heroin and fentanyl distribution
networks in Tampa and Kissimmee.
Offices of the United States Attorneys
08/28/2020 12:00 AM EDT
A federal grand jury has indicted Dennis Mbongeni Jali, age 35, formerly of Upper Marlboro, Maryland; John Erasmus Frimpong, age 40,
of Upper Marlboro; and Arley Ray Johnson, age 61, of Bowie, Maryland on federal charges of conspiracy, wire fraud, securities fraud,
and money laundering. The indictment was returned on July 27, 2020, and was unsealed today.
Florida Man Sentenced to 105 Months in Prison for Role in $16 Million Miami Health Care Fraud and Wire Fraud Scheme
08/26/2020 12:00 AM EDT
Miami, Fl. – A federal judge in Miami sentenced Roberto Murillo, 44, of North Port, Florida, to 105 months in prison for his role in a
massive health care fraud and wire fraud scheme involving fraudulent physical therapy claims. Senior U.S. District Judge Patricia A. Seitz
imposed the sentence, which came after a Miami jury found Murillo guilty in January 2020 of all counts charged, including conspiracy to
commit health care fraud and wire fraud, and several counts of health care fraud.
|
 |
|
Following a public comment period, the Federal Trade Commission has approved a final
order settling charges that Eldorado’s $17.3 billion agreement to acquire Caesars likely would violate federal antitrust law.
According to the complaint,
which was first announced in June, the proposed acquisition would likely harm competition for casino services in the South
Lake Tahoe area of Nevada and the Bossier City-Shreveport area of Louisiana.
The final order requires the parties to divest casino-related assets to Twin River Worldwide Holdings, Inc. in both
markets. Independent of its proposed acquisition of Caesars, Eldorado sold its Isle of Capri casino in Kansas City,
Missouri on July 2, 2020, obviating the need for the Commission to take any further action to protect competition in that
area.
The Commission vote to approve the final order was 3-1-1. Commissioner Rebecca Kelly Slaughter did not participate
and Commissioner Rohit Chopra voted no.
The Federal Trade Commission works to promote
competition, and protect and educate consumers. You can learn more about how
competition benefits consumers or file
an antitrust complaint.
Contact Information
|
|
FOR IMMEDIATE RELEASE
|
TUESDAY, AUGUST 25, 2020 |
|
|
|
|
Consumers Were Allegedly Overcharged at Least $350 Million
WASHINGTON – Teva Pharmaceuticals USA Inc. (Teva)
has been charged with conspiring to fix prices, rig bids, and allocate customers for generic drugs, the Department of Justice
announced today.
According to a superseding indictment filed today
in the U.S. District Court for the Eastern District of Pennsylvania, the company participated in three conspiracies from at least as
early as May 2013 until at least in or around Dec. 2015.
“Today’s charge reaffirms that no company is too
big to be prosecuted for its role in conspiracies that led to substantially higher prices for generic drugs relied on by millions of
Americans,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “The division
will continue to work closely with our law enforcement partners to ensure that companies that blatantly cheat consumers of the
benefits of free markets are prosecuted to the full extent of the law.”
Count one charges Teva for its role in a
conspiracy that included Glenmark Pharmaceuticals Inc., USA (Glenmark), Apotex Corp. (Apotex), and others. On May 7, Apotex
admitted to its role in this conspiracy and agreed to pay a $24.1 million penalty. On July 14, a grand jury returned an indictment
against Glenmark for its role in the same conspiracy, which today’s indictment supersedes. According to the charge, Teva,
Glenmark, Apotex, and unnamed co-conspirators agreed to increase prices for pravastatin and other generic drugs. Pravastatin
is a commonly prescribed cholesterol medication that lowers the risk of heart disease and stroke.
Count two charges Teva for its role in a
conspiracy with Taro Pharmaceuticals U.S.A., Inc. (Taro U.S.A.), its former executive Ara Aprahamian, and others. On July 23, Taro
U.S.A. admitted to its role in this conspiracy and agreed to pay a $205.7 million penalty to resolve that charge as well as its role
in a separate antitrust conspiracy. Aprahamian was indicted in February 2020 for his role in the conspiracy with Teva, among other
charges, and is awaiting trial. According to the charge, Teva and its co-conspirators agreed to increase prices, rig bids, and
allocate customers for generic drugs including, but not limited to, drugs used to treat and manage arthritis, seizures, pain, skin
conditions, and blood clots.
Count three charges Teva for its role in a
conspiracy with Sandoz Inc. and others. In March 2020, Sandoz admitted to its role in this conspiracy, as well as in
conspiracies with other generic drug manufacturers, and agreed to pay a $195 million penalty. According to the charge, Teva
and its co-conspirators agreed to increase prices, rig bids, and allocate customers for generic drugs including, but not limited to,
drugs used to treat brain cancer, cystic fibrosis, arthritis, and hypertension.
“During these difficult times, it is absolutely
essential that our pharmaceutical companies conduct business with the well-being of the consumer in mind,” said Acting Special Agent
in Charge Steven Stuller, U.S. Postal Service Office of Inspector General. “When generic drug companies conspire to
artificially increase prices, they do so to the detriment of many who depend on these medications to maintain good health.
Along with the Department of Justice Antitrust Division and our partners at the Federal Bureau of Investigation, the USPS Office of
Inspector General remains committed to investigating those who would engage in this type of harmful conduct.”
“Today’s charges, the latest in a series of law
enforcement actions taken against large drug companies, confirm that this kind of criminal behavior in the generic pharmaceutical
industry will not be tolerated,” said James A. Dawson, Acting Assistant Director in Charge of the FBI’s Washington Field Office.
“Price fixing and bid rigging is a crime, and the American people—who rely on these drugs to treat serious ailments—are the ones who
pay the price when companies like Teva conspire to raise their costs. The FBI remains committed to holding companies
accountable for their illegal and reprehensible activity.”
“Today’s superseding indictment against Teva is
another important step in this ongoing criminal investigation, which has already recovered hundreds of millions of dollars,” said
U.S. Attorney William M. McSwain for the Eastern District of Pennsylvania. “Along with our partners at the Antitrust Division,
we remain heavily focused on illegal price fixing and market allocation in generic drugs and on addressing the impact those
practices have on federal healthcare programs like Medicare and Medicaid.”
Teva is the seventh company to be charged for its
participation in conspiracies to fix prices, rig bids, and allocate customers for generic drugs. Five previous corporate cases
were resolved by deferred prosecution agreements, and Teva’s co-conspirator Glenmark is awaiting trial. Four executives have also
been charged; three have entered guilty pleas, and one is awaiting trial.
A criminal charge merely alleges that crimes have
been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Each of the charged offenses carry a statutory
maximum penalty of $100 million for companies. The maximum fine may be increased to twice the gain derived from the crime or twice
the loss suffered by the victims of the crime if either amount is greater than $100 million.
This case is the result of an ongoing federal
antitrust investigation into price fixing, market allocation, bid rigging, and other anticompetitive conduct in the generic
pharmaceutical industry, which is being conducted by the Antitrust Division with the assistance of the United States Postal Service
Office of Inspector General, the Federal Bureau of Investigation’s Washington and Philadelphia Field Offices, and the U.S.
Attorney’s Office for the Eastern District of Pennsylvania. Anyone with information on market allocation, price fixing, bid
rigging, or other anticompetitive conduct related to the generic pharmaceutical industry should contact the Antitrust Division’s
Citizen Complaint Center at 1-888-647-3258 or visit www.justice.gov/atr/contact/newcase.html.
###
|
|
|
NYSE |
TRADER UPDATE |
|
08/17/2020, 13:51
NYSE - NEW SECURITY NOTIFICATION FOR SYMBOL NYC
NYSE has determined that the Class A Common Stock issued by New York City REIT, Inc. is part of a new security offering that
will trade under the ticker NYC with CUSIP 649439205 on August 18, 2020. As this new offering has not previously traded on any
listing market and has no prior day's closing price, Regulation SHO Rule 201 will not apply to security NYC until its second day
of trading on NYSE. Further, NYSE Rule 123D(d) will apply and the security will be in a regulatory halt until the NYSE has opened
trading.
|
|
08/17/2020 12:00 AM EDT
A federal grand jury in the District of Puerto Rico returned a 13-count indictment against legislator María Milagros Charbonier-Laureano (Charbonier),
aka “Tata,” a member of the Puerto Rico House of Representatives, as well as her husband Orlando Montes-Rivera (Montes), their son Orlando Gabriel
Montes-Charbonier, and her assistant Frances Acevedo-Ceballos (Acevedo), for their alleged participation in a years-long theft, bribery, and
kickback conspiracy.
FOR IMMEDIATE RELEASE
|
FRIDAY, AUGUST 14, 2020 |
|
|
In
Significant Action, CenturyLink Agrees to Extend Term, Appoint Independent Monitor, and Reimburse Taxpayers for the Costs and Fees
of the Violations
WASHINGTON – The Department of Justice announced
today that CenturyLink, Inc. has agreed to settle allegations that CenturyLink violated the court-ordered Final Judgment designed to
prevent anticompetitive effects arising from its acquisition of Level 3 Communications, Inc.
Despite provisions in the Final Judgment barring
CenturyLink from soliciting customers that switched to the buyer of the divestiture assets, CenturyLink failed to comply, initiating
contact on over 70 occasions over more than a year with former Level 3 customers who elected to switch to the divestiture buyer in
the Boise City-Nampa, Idaho MSA (Boise MSA). CenturyLink does not deny the United States’ allegations and has agreed to the
Amended Final Judgment.
“When a defendant violates the terms of a
settlement decree, it must be held accountable to its obligations to the department and the American consumer,” said Assistant
Attorney General (AAG) Makan Delrahim of the Justice Department’s Antitrust Division. “Today’s motion to amend the Final
Judgment ensures that consumers get the benefit of competition otherwise lost by CenturyLink’s acquisition of Level 3
Communications. I also commend CenturyLink for its cooperation in resolving the department’s concerns.”
The Department of Justice’s Antitrust Division
today filed an unopposed motion in the U.S. District Court for the District of Columbia to amend the current Final Judgment, entered
on March 6, 2018, in order to resolve the department’s concerns. As part of the settlement, CenturyLink has agreed to:
- extend the non-solicitation period by two
years for the Boise MSA;
- the appointment of an independent monitoring
trustee; and
- pay the United States to defray the costs of
the department’s investigation of CenturyLink’s violations of the court order.
These provisions will allow the divestiture buyer
to have the benefit of the original court order which was designed to enable the divestiture buyer to replace competition lost as a
result of CenturyLink’s acquisition of Level 3, ensure that CenturyLink follows the court order going forward, and recoup taxpayer
funds. CenturyLink also agreed to the addition mandated by AAG Delrahim of the four new standard provisions that the
department has required in all recent antitrust settlements that make the Antitrust Division’s consent decrees easier to enforce.
CenturyLink, one of the largest wireline
telecommunications providers in the United States, is the incumbent local exchange carrier (ILEC) in portions of 37 states and is
also a global communications, hosting, cloud, and IT services company. The company provides broadband, voice, video, data, and
managed services over a robust 450,000 route-mile global network, connecting approximately 170,000 fiber-based on-net enterprise
buildings. In 2019, CenturyLink had revenues of approximately $22.4 billion.
###
08/14/2020 12:00 AM EDT
The Justice Department today announced the successful disruption of a multimillion dollar fuel shipment by the Islamic Revolutionary Guard
Corps (IRGC), a designated foreign terrorist organization that was bound for Venezuela.
|
|
|
EXIM Board Votes to Notify Congress of Two Potential Transactions Totaling $450 Million Supporting Approximately $1
Billion of Existing and Future U.S. Exports and an Estimated 1,600 American Jobs
EXIM COVID-19 Economic
Recovery Measures Could Support Jobs in Alabama, California, the District of Columbia, Illinois, Indiana, Kentucky, Maryland,
Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New York, Ohio, Pennsylvania, Tennessee, Virginia
FOR IMMEDIATE RELEASEAugust 11, 2020
WASHINGTON – The Export-Import Bank of the United
States (EXIM) Board of Directors on Tuesday, August 11 unanimously voted to notify the U.S. Congress, pursuant to the law, of its
consideration of two potential transactions that would utilize EXIM COVID-19
economic recovery measures. The potential transactions totaling $450 million could support approximately $1 billion in existing and
future export sales from the United States Steel Corporation (U. S. Steel), headquartered in Pittsburgh, Pennsylvania, and an estimated
1,600 American jobs as calculated by EXIM at U. S. Steel and its suppliers in 17 states throughout the country and the District of
Columbia.
In the first transaction, EXIM’s Board of Directors unanimously
voted to forward for Congressional notification a 95 percent guarantee of a $250 million working capital loan facility under EXIM’s Working
Capital Guarantee Program from PNC Bank, N.A., in Pittsburgh, Pennsylvania to U. S. Steel. EXIM’s guarantee of the
11-month loan facility would allow U. S. Steel to monetize a portion of the value of three of its existing contracts to supply iron-ore
pellets to buyers in North America and Asia. EXIM’s guarantee is needed to enable the lender to accept the risks of the foreign contracts
and U. S. Steel to fulfill the supply contracts. The potential transaction is estimated by EXIM to support an estimated 900 U.S. jobs in
Minnesota and other states.
In the second transaction, EXIM’s Board unanimously voted to
forward for Congressional notification a 95 percent guarantee of a $200 million supply chain finance facility from LSQ Funding Group,
L.C., in Orlando, Florida, and Huntington National Bank, N.A. (HNB), in Columbus, Ohio, to U.S. Steel under EXIM’s Supply
Chain Finance Guarantee Program. EXIM’s guarantee of the 12-month facility would support the purchase of accounts receivable due from
U.S. Steel to 50 to 60 of its U.S. suppliers in approximately 16 states and the District of Columbia. LSQ Funding Group would enter into
receivables purchase agreements with U.S. Steel suppliers under LSQ’s existing supply chain finance program, and HNB would further
purchase the receivables from LSQ. EXIM would guarantee payment of the receivables, thereby extending its support to U.S. Steel and its
network of suppliers across the United States.
Suppliers potentially benefiting from the Supply Chain Finance
Guarantee Program transaction are located in Alabama, California, the District of Columbia, Illinois, Indiana, Kentucky, Maryland,
Massachusetts, Michigan, Mississippi, Missouri, New York, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia. The potential
transaction is estimated by EXIM to support 700 U.S. jobs.
In addition to the Congressional comment period, the
transactions are subject to mutually satisfactory negotiation of terms and conditions among U. S. Steel and the lending banks, as well as
final approval by the EXIM Board of Directors and U. S. Steel Board of Directors.
“With today’s unanimous Board action, we are notifying Congress
of EXIM’s consideration of these potential transactions. Now, more than ever, our U.S. companies need to be competing in the global
marketplace. We at EXIM were swift to focus on COVID-19 economic recovery measures, and these transactions, when approved final, will
support 1,600 American jobs at a major U.S. employer, the United States Steel Corporation, and their suppliers in states across the
country,” said EXIM President and Chairman Kimberly Reed.
“This is a very inventive approach, and I applaud EXIM for
helping get a major American employer and exporter through the challenges posed by COVID-19,” said U.S. Department of Commerce Secretary
Wilbur Ross, an ex officio Member of EXIM’s Board of
Directors, who also participated in the virtual Board of Directors meeting. “I believe that U. S. Steel is on its way to becoming the
low-cost producer of integrated steel mills in the U.S. This is a win-win situation.”
“The two transactions considered today will support jobs in the
industrial heartland of America, and it is important, relevant, and timely for EXIM to engage in supporting these exports and associated
jobs,” said EXIM Board Member Judith D. Pryor. “Maintaining a robust domestic manufacturing base is a win-win when it comes to the
economy and our national security, and I’m pleased to notify Congress of these transactions.”
“The transactions that EXIM notified Congress of today will
support approximately 1,600 jobs across over 50 companies in the supply chain during a time when the industry’s finances are struggling
due in part to COVID-19,” said EXIM Board Member Spencer T. Bachus, III. “EXIM COVID-19 relief measures continue to support the exporting
community during this time of crisis.”
In March 2020, as part of EXIM’s COVID-19 response initiatives,
EXIM temporarily approved an increased guarantee coverage option to 95 percent under its Working
Capital Guarantee Program and Supply Chain Financing Guarantee Program, an increase from the agency’s standard 90
percent guarantee. The guarantees utilizing the increased coverage option are not to exceed one year effective from the date of the
financing.
ABOUT EXIM:
EXIM is an independent federal agency that promotes and
supports American jobs by providing competitive and necessary export credit to support sales of U.S. goods and services to international
buyers. A robust EXIM can level the global playing field for U.S. exporters when they compete against foreign companies that receive
support from their governments. EXIM also contributes to U.S. economic growth by helping to create and sustain hundreds of thousands of
jobs in exporting businesses and their supply chains across the United States. In recent years, approximately 90 percent of the total
number of the agency’s authorizations has directly supported small businesses. Since 1992, EXIM has generated more than $9 billion for
the U.S. Treasury for repayment of U.S. debt.

Offices of the United States Attorneys
FOR IMMEDIATE RELEASE
|
FRIDAY, AUGUST 7, 2020 |
|
|
|
|
WASHINGTON – A federal court in the Southern
District of New York today terminated
the Paramount Consent Decrees, which for over seventy years have regulated how certain movie studios distribute films to
movie theatres. The review and termination of these Decrees were part of the Department
of Justice’s review of legacy antitrust judgments that dated back to the 1890’s and has resulted in the
termination of nearly 800 perpetual decrees.
“We appreciate the Court’s thoughtful opinion
and ruling today granting our motion to terminate these outdated Decrees,” said Makan Delrahim, Assistant Attorney General for
the Justice Department’s Antitrust Division. “As the Court points out, Gone with the Wind, The Wizard of
Oz, and It’s a Wonderful Life were the blockbusters when these Decrees were
litigated; the movie industry and how Americans enjoy their movies have changed leaps and bounds in these intervening years.
Without these restraints on the market, American ingenuity is again free to experiment with different business models that can
benefit consumers.”
In summary, the Court concluded that the
government had offered a persuasive explanation for why termination of the Paramount Decrees serves the public interest in free
and unfettered competition. The conspiracy and practices that existed decades ago no longer exist. New technology has
created many different movie platforms that did not exist when the Decrees were entered into, including cable and broadcast
television, DVDs, and streaming and download services.
The litigation underlying the Decrees dates
back to 1938. After several years of litigation, including a Supreme Court’s decision in United States v.
Paramount, 334 U.S. 131 (1948), the Antitrust Division and the defendants entered into a series of consent decrees,
collectively called the Paramount Decrees. These Decrees required the movie studios to separate their distribution
operations from their exhibition businesses. They also banned various motion picture distribution practices, including
block booking (bundling multiple films into one theatre license), circuit dealing (entering into one license that covered all
theatres in a theatre circuit), resale price maintenance (setting minimum prices on movie tickets), and granting overbroad
clearances (exclusive film licenses for specific geographic areas).
The Court terminated the Decrees, effective
immediately, but allowed for a two-year sunset period on the Decrees’ provisions banning block booking and circuit dealing to.
This sunset provision was at the request of the Antitrust Division to allow the theatre and motion picture industry to have an
orderly transition to the new licensing changes.
###
|
|
|
|
 |
by Alvaro Puig Consumer Education Specialist, FTC
The FTC sued the makers of Suboxone®, a prescription drug to treat opioid addiction, alleging they were preventing patients from
choosing lower priced generic versions of the drug. The companies agreed to pay $60 million to consumers to settle the FTC charges.
That means if you got a prescription for Suboxone® film in the United States between March 1, 2013 and February 28, 2019, you may be
eligible for a payment.
Read more >
|
|
FOR IMMEDIATE RELEASE
|
FRIDAY, JULY 31, 2020 |
|
|
|
|
WASHINGTON – Assistant Attorney General Makan
Delrahim of the Antitrust Division of the U.S. Department of Justice issued the following statement today in connection with the
closing of the division’s investigation into the proposed acquisition of Refinitiv by the London Stock Exchange Group (LSEG):
“After an extensive review of the proposed
transaction, the Antitrust Division determined that the combination of LSEG and Refinitiv is unlikely to result in harm to
competition or American consumers.”
LSEG, headquartered in London, operates the
London Stock Exchange, the Italian stock exchange, Borsa Italiana, and a number of other trading platforms for trading of stocks,
other equity-like exchange traded products, bonds and derivatives. LSEG offers indexes such as the FTSE 100 and Russell 2000,
analytical tools, and data solutions through its FTSE Russell business.
Refinitiv, headquartered in New York City, is one
of the main providers of financial markets data and infrastructure. Refinitiv offers consolidated real-time and non-real time
data feeds of stocks and other discrete content, and desktop solutions and terminals for financial industry professionals. It
also supplies foreign exchange benchmarks and controls several electronic trading venues in various asset classes.
In August 2019, LSEG and Refinitiv announced that
LSEG had reached an agreement to acquire Refinitiv in a transaction valued at approximately $27 billion. Following that
announcement, the Antitrust Division conducted a comprehensive eight-month investigation, during which it reviewed documents,
analyzed data, and interviewed industry participants.
In conducting its analysis, the division
considered the vertical relationships between LSEG and Refinitiv where one firm serves as a supplier to the other of needed inputs,
as well as the horizontal aspects of the transaction where LSEG and Refinitiv offer competing products. In analyzing these
different aspects to the transaction, the division used both the recently released Vertical
Merger Guidelines, released by the division and the Federal Trade Commission, and the Horizontal
Merger Guidelines, issued by the Antitrust division and the Federal Trade Commission..
When analyzing the vertical aspects of the
transaction, the division considered how the proposed transaction could affect the ability and incentives of LSEG and Refinitiv to
change the licensing terms for proprietary data feeds used by their rivals to supply products that compete against similar products
from LSEG and Refinitiv. Examples of such data feeds include pricing data for financial instruments, currency benchmark rates,
and securities identifiers.
The division’s analysis considered how changes in
the licensing of LSEG’s and Refinitiv’s proprietary data feeds could affect competition for financial indexes and financial data
products, and found that the proposed transaction is unlikely to significantly lessen competition for those products where rivals
rely on LSEG and Refinitiv for inputs. In many instances, for example, the rivals who purchase products and services from LSEG
or Refinitiv also sell products and services back to LSEG and Refinitiv. The division’s analysis took into account the
competitive significance in the United States of LSEG’s and Refinitiv’s products compared to their rivals’ products, and the
bargaining relationships these rivals have with LSEG and Refinitiv. The division’s analysis also considered the possible
competitive effects of the proposed transaction on customers in the United States of LSEG, Refinitiv, and their rivals. Because LSEG
and Refinitiv’s rivals would maintain significant bargaining leverage that would make post-transaction price increases unlikely, and
because any potential increase in the fees of the combined firm would not likely be passed on to customers, the division concluded
the vertical aspects of the transaction would not cause a significant lessening of competition.
With respect to the horizontal aspects of the
transaction, the division found that in areas where LSEG and Refinitiv offer similar products, such as financial indexes, that the
combination of the companies’ products are unlikely to significantly lessen competition. This analysis was based on a review
of LSEG’s and Refinitiv’s products that are similar to each other, an analysis of whether these products actually compete against
each other in the United States, and the small changes the transaction would likely cause in post-transaction market concentration
for these products based on the companies’ market shares in the United States.
The division considered several theories of harm
in its review of the proposed transaction, and concluded that these theories were not supported by the available evidence. For
these and other reasons, the division determined that the proposed transaction is unlikely to substantially harm consumers in the
United States and therefore closed its investigation.
###
|
|
|
|
 |
by Jonathan Cohen Senior Attorney, Division of Enforcement, FTC
You might remember that, back in 2016, the FTC sued and then settled with Volkswagen and Porsche over their multi-million
dollar “clean diesel” marketing campaigns. The problem? The VWs, Audis, and Porsches they said were “clean” actually had an
illegal device to let the cars pass emissions tests. Not so clean, after all. The settlement that the FTC attorneys and I
negotiated – along with the private bar – got Volkswagen and Porsche to agree to pay up to $10 billion to replace or repair
the more than 550,000 cars affected. That meant the full retail price of those cars – plus repaying people for things
including their time, and taxes and registration fees.
Read more >
|
|
|
FOR IMMEDIATE RELEASE
|
THURSDAY, JULY 23, 2020 |
|
|
|
|
Fifth Company to Admit It Fixed Prices of Generic Drugs
WASHINGTON – Taro Pharmaceuticals U.S.A., Inc.
(Taro U.S.A.) has been charged for conspiring to fix prices, allocate customers, and rig bids for generic drugs, the Department of
Justice announced today.
A two-count felony charge was filed today in the
U.S. District Court for the Eastern District of Pennsylvania in Philadelphia, charging Taro U.S.A. with participating in two
criminal antitrust conspiracies, each with a competing manufacturer of generic drugs and various executives.
The Antitrust Division also announced a deferred
prosecution agreement (DPA) resolving the charges against Taro U.S.A., under which the company agreed to pay a $205,653,218 criminal
penalty and admitted that its sales affected by the charged conspiracies was in excess of $500 million. Under the DPA, Taro
U.S.A. has agreed to cooperate fully with the Antitrust Division’s ongoing criminal investigation. As part of the agreement,
the parties will file a joint motion, which is subject to approval by the Court, to defer for the term of the DPA any prosecution
and trial of the charges filed against the defendant.
“Taro Pharmaceuticals U.S.A.’s unlawful
conspiracies to raise the prices of critical drugs robbed consumers at pharmacy counters across America,” said Assistant Attorney
General Makan Delrahim of the Department of Justice’s Antitrust Division. “Today’s resolution marks another important step
toward ensuring that competitively priced generic drugs are available to the millions of American consumers who rely on them.”
“During these difficult times, it is more
important than ever that our pharmaceutical companies conduct business with the well-being of the consumer in mind,” said Acting
Special Agent in Charge Steven Stuller, U.S. Postal Service Office of Inspector General. “When generic drug companies conspire
to artificially increase prices, they do so to the detriment of many who depend on these medications to maintain good health.
Along with the Department of Justice Antitrust Division and our partners at the Federal Bureau of Investigation, the USPS Office of
Inspector General will remain committed to investigating those who would engage in this type of harmful conduct.”
“Today’s announcement demonstrates the FBI’s
commitment to working with our partners to combat price-fixing and antitrust violations that ultimately harm the American public,”
said Timothy R. Slater, Assistant Director in Charge of the FBI’s Washington Field Office. “We will continue to pursue these
investigations to call attention to this criminal activity in order to ultimately ensure a competitive market and access to generic
drugs.”
“The charges filed today in the U.S. Court for
the Eastern District of Pennsylvania are indicative of my Office’s ongoing efforts to investigate and charge companies and
executives who fix the prices of generic pharmaceuticals,” said U.S. Attorney McSwain. “We and our partners at the Antitrust
Division and other federal law enforcement agencies remain heavily focused on price-fixing and illegal market allocation in generic
drugs. These charges and the related deferred prosecution agreement, subject to approval by the court, are yet another important
accomplishment in that area.”
In the deferred prosecution agreement, Taro
U.S.A. admitted to participating in two charged conspiracies between 2013 and 2015. Specifically, Count One charges Taro
U.S.A. for its role in a conspiracy with Sandoz Inc., former Taro U.S.A. Vice President of Sales and Marketing Ara Aprahamian, and
other individuals, from at least as early as March 2013 and continuing until at least December 2015. Count Two charges Taro
U.S.A. for its role in a second conspiracy with a generic drug company based in Pennsylvania and other individuals, from at least as
early as May 2013 and continuing until at least December 2015. According to the charge and DPA, Taro U.S.A. and its
co-conspirators agreed to fix prices, allocate customers, and rig bids for numerous generic drugs, including medications used to
prevent and control seizures and treat bipolar disorder, pain and arthritis, and various skin conditions.
This is the tenth case to be filed in the
Antitrust Division’s ongoing investigation into the generic pharmaceutical industry. To date, five of the six companies
charged—including Taro U.S.A.’s co-conspirator Sandoz Inc.—have admitted to their roles in antitrust conspiracies and resolved
through DPAs under which they’ve collectively agreed to pay over $426 million in criminal penalties. In addition, four
executives have been charged for their roles in fixing prices of generic drugs. Former Taro U.S.A. executive Ara Aprahamian
was indicted in February 2020 and is awaiting trial. The other three executives have pleaded guilty, including a former senior
executive at Sandoz Inc.
The charged offense carries a statutory maximum
penalty of a $100 million fine per count for corporations, and the maximum fine may be increased to twice the gain derived from the
crime or twice the loss suffered by victims if either amount is greater than $100 million.
This case is the result of an ongoing federal
antitrust investigation into price fixing, market allocation, bid rigging, and other anticompetitive conduct in the generic
pharmaceutical industry, which is being conducted by the Antitrust Division with the assistance of the United States Postal Service
Office of Inspector General, the FBI’s Washington and Philadelphia Field Offices, and the U.S. Attorney’s Office for the Eastern
District of Pennsylvania. Anyone with information on price fixing, market allocation, bid rigging, or other anticompetitive
conduct related to the pharmaceutical industry should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or
visit www.justice.gov/atr/contact/newcase.html.
The year 2020
marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
###
|
|
|
|
 |
by Colleen Tressler Consumer Education Specialist, FTC
Just about a year ago, we told you about a case the FTC brought against a student loan debt relief firm. The FTC alleged that the
operators of Mission Hills Federal, Federal Direct Group, National Secure Processing, and The Student Loan Group bilked borrowers
out of millions of dollars. Today, we have some great news to share: a federal court in California has ruled in our favor.
Read more >
|
|
07/10/2020 12:00 AM EDT
Universal Health Services, Inc., UHS of Delaware, Inc.(together, UHS), and Turning Point Care Center, LLC (Turning Point), a UHS facility located
in Moultrie, Georgia, have agreed to pay a combined total of $122 million to resolve alleged violations of the False Claims Act for billing for
medically unnecessary inpatient behavioral health services, failing to provide adequate and appropriate services, and paying illegal inducements
to federal healthcare beneficiaries, the Department of Justice announced today. UHS owns and provides management and administrative services to
nearly 200 acute care inpatient psychiatric hospitals and residential psychiatric and behavioral treatment facilities nationwide. UHS is
headquartered in King of Prussia, Pennsylvania.
 |
IRS Newswire |
July 9, 2020 |
|
News Essentials
What's Hot
News Releases
IRS - The Basics
IRS Guidance
Media Contacts
Facts & Figures
Around The Nation
e-News Subscriptions
The Newsroom Topics
Multimedia Center
Noticias en Español
Radio PSAs
Tax Scams
The Tax Gap
Fact Sheets
IRS Tax Tips
Armed Forces
Latest News Home
IRS Resources
Compliance & Enforcement
Contact My Local Office
Filing Options
Forms & Instructions
Frequently Asked Questions
News
Taxpayer Advocate
Where to File
IRS Social Media
|
Issue Number: IR-2020-145
Inside This Issue
IRS.gov has answers about filing, paying and July 15 due date
WASHINGTON — As the July due date for filing a tax return draws closer, the Internal Revenue Service reminds taxpayers about the many
resources available on IRS.gov. Whether on home computers or mobile devices, the number of taxpayers visiting IRS.gov continues to grow year
after year.
Easy-to-use tools, available 24 hours a day on the IRS website, have been used more than 1.2 billion times this year.
IRS.gov is home to IRS
Free File, "Where's
My Refund?", the Tax
Withholding Estimator and a host of other convenient applications. Additional help is available in Publication
17, Your Federal Income Tax, available on IRS.gov. Publication 17 is also available as an eBook.
Taxpayers who have yet to file their tax returns should file electronically now and choose direct deposit if they’re getting a refund.
Taxpayers who owe for tax year 2019 can pay anytime up to the July 15 due date.
File electronically for free
Taxpayers whose income was $69,000 or less last year are eligible to use the IRS Free
File software to do their taxes. Also, regardless of income, any taxpayer who is comfortable preparing their own taxes can use
Free File Fillable Forms. Taxpayers can use these electronic versions of IRS tax forms to complete their taxes and file them online. Free File
options are available at IRS.gov/freefile.
Get answers to tax questions
Taxpayers can find answers to many of their questions using the Interactive
Tax Assistant. It’s a tax law resource that uses a series of questions and responses to help. IRS.gov also has answers to Frequently
Asked Questions on a variety of topics. The IRS website also has tax information in: Spanish
(Español); Chinese
(中文); Korean
(한국어); Russian
(Pусский); Vietnamese
(Tiếng Việt); and Haitian
Creole (Kreyòl ayisyen).
"Where's My Refund?"
Taxpayers can easily find the most up-to-date information about their tax refund using the "Where's My Refund?" tool on IRS.gov and on the
IRS mobile app, IRS2Go. Within 24 hours after the IRS acknowledges receipt of an electronically filed return, taxpayers can start checking on
the status of their refund.
Schedule a payment
Taxpayers can file now and schedule their federal tax payments up to the July 15 due date. They can pay online, by phone or with their mobile
device and the IRS2Go app. When paying federal taxes electronically, taxpayers should remember:
-
Electronic payment options are the best way to make a tax payment.
- They can pay when they e-file by using tax software online.
- If using a tax preparer, taxpayers should ask the preparer to make the tax payment through an electronic
funds withdrawal from a bank account.
-
IRS Direct Pay allows taxpayers to pay online directly from a checking or savings account for free.
- Taxpayers can choose to pay with a credit card, debit card or digital wallet option through a payment
processor. No fees go to the IRS.
- The IRS2Go
app provides mobile-friendly payment options, including Direct Pay and payment processors on mobile devices.
- Taxpayers may also enroll in the Electronic
Federal Tax Payment System and pay online or by phone.
- They can pay with cash
at a retail partner. New locations available.
- Taxpayers can go to IRS.gov/account to
securely access information about their federal tax account. They can view the amount they owe, access their tax records online, review their
payment history and view key information for the most recent tax return as originally filed.
Not required to file a tax return? Non-Filers tool available to register for Economic Impact Payments
People who are not normally required to file a tax return and don’t plan to do so can use the Non-Filers tool
to get an Economic Impact Payment. The only way they can get this payment is to register with the IRS by using this free tool. Available in both
English and Spanish, the tool was developed jointly by the IRS and the Free File Alliance. The registration deadline is Oct. 15, 2020.
More information
IRS.gov/COVIDtaxdeadlines
IRS.gov/payments
IRS.gov/account
IRS.gov/ITA
IRS.gov/estimatedtaxes
Back to
Top
|
 
07/03/2020 11:57 AM EDT
CBP officers discovered the counterfeit productshidden in between generic versions of the sleepingdressesin a clear smuggling attempt.LOS
ANGELES— U.S. Customs and Border Protection (CBP) officers and import specialists assigned to the Los Angeles/...
06/30/2020 12:00 AM EDT
The chief executive officer of Indivior PLC, Shaun Thaxter, pleaded guilty today in federal court in Abingdon, Virginia to a one-count
information charging him with causing the introduction into interstate commerce of the opioid drug Suboxone Film, which was misbranded in
violation of the Federal Food, Drug, and Cosmetic Act.
 |
|
FTC and DOJ Issue Antitrust Guidelines for Evaluating Vertical Mergers
New Vertical Merger Guidelines provide transparency on analytical techniques, practices, and enforcement policies
The Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ” or “Department”) issued today new Vertical
Merger Guidelines that outline how the federal antitrust agencies evaluate the likely competitive impact of vertical
mergers and whether those mergers comply with U.S. antitrust law. These new Vertical Merger Guidelines mark the first time
the Department and the FTC have issued joint guidelines on vertical mergers, and represent the first major revision to
guidance on vertical mergers since the Department’s 1984 Non-Horizontal Merger Guidelines, which the Department withdrew
in January of this year.
“These new Vertical Merger Guidelines are an important step forward in maintaining vigorous antitrust enforcement, and
reaffirm our commitment to challenge vertical mergers that are anticompetitive and would harm American consumers,” said
FTC Chairman Joe Simons. “The new Guidelines reflect our current enforcement approach and, through increased transparency,
will help businesses and practitioners understand how we evaluate vertical transactions. The new Guidelines also reflect
our strong collaboration with the Department of Justice, and the substantial input that we received from the public.”
“These new Vertical Merger Guidelines provide transparency in the important area of vertical merger analysis,” said
Assistant Attorney General Makan Delrahim. “They explain our investigative practices as we apply them today and have
applied them in recent years. The Guidelines will give greater predictability and clarity to the business community,
the bar, and enforcers. I am grateful for the commitment, thoroughness, and dedication with which staff from both agencies
worked on this project. This has been a successful process because of our robust public engagement and our excellent
collaborative relationship with the FTC.”
A primary goal of the new Vertical Merger Guidelines is to help the agencies identify and challenge competitively
harmful vertical mergers. To accomplish this, the Guidelines detail the techniques and main types of evidence that the
agencies typically use to predict whether vertical mergers may substantially lessen competition. The Guidelines will help
businesses, antitrust practitioners, and other interested persons by increasing transparency into the agencies’ principal
analytical techniques, practices, and enforcement policies for evaluating vertical transactions.
The Commission vote to issue the Vertical Merger Guidelines was 3-2, with Commissioner Rohit Chopra and Rebecca Kelly
Slaughter voting no. Chairman Simons and Commissioners Noah Joshua Phillips and Christine S. Wilson issued
a statement. Commissioners Chopra and Slaughter issued
dissenting statements.
The Federal Trade Commission works to promote
competition, and protect and educate consumers. You can learn more about how
competition benefits consumers or file
an antitrust complaint.
Related Actions
More news from the FTC >>
|
|
|
BEA News: U.S. International Transactions, First Quarter 2020 and Annual Update
The U.S. Bureau of Economic Analysis (BEA) has issued the following news
release today:
The U.S. current account deficit narrowed by $0.1 billion, or 0.1 percent, to
$104.2 billion in the first quarter of 2020, according to statistics from the U.S. Bureau of Economic Analysis.
The revised fourth quarter deficit was $104.3 billion. The first quarter deficit was 1.9 percent of current
dollar gross domestic product, up less than 0.1 percentage point from the fourth quarter.
|
|
|
|
|

FOR IMMEDIATE RELEASE
|
TUESDAY, JUNE 16, 2020 |
|
|
|
|
WASHINGTON – Christopher Lischewski, former chief
executive officer and president of Bumble Bee Foods LLC, was sentenced to serve 40 months in jail and pay a $100,000 criminal fine for his
leadership role in a three-year antitrust conspiracy to fix prices of canned tuna, the Department of Justice announced.
Lischewski was charged on May 16, 2018, in an
indictment returned by a federal grand jury in San Francisco. After a four-week trial in late 2019, he was convicted on the single
count of participating in a conspiracy to fix prices of canned tuna. In imposing Lischewski’s 40-month prison sentence, the court
found that Lischewski was a leader or organizer of the conspiracy and that it affected over $600 million dollars of canned tuna sales.
“The sentence imposed today will serve as a significant
deterrent in the C-suite and the boardroom,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust
Division. “Executives who cheat American consumers out of the benefits of competition will be brought to justice, particularly when
their antitrust crimes affect the most basic necessity, food. Today’s sentence reflects the serious harm that resulted from the
multi-year conspiracy to fix prices of canned tuna.”
“This sentence is the result of our commitment to
holding corporations and senior leadership accountable for their actions, whether they operate in the food supply industry or elsewhere,”
said FBI San Francisco Division Special Agent in Charge, John F. Bennett. “This brings us closer to our goal; allowing our citizens to be
able to purchase food in an unbiased market within an efficient and fair economy, free of corporate greed.”
Bumble Bee pleaded guilty and was sentenced to pay a
$25 million criminal fine. In September, StarKist Co. was sentenced to pay a statutory maximum $100 million criminal fine. In
addition to Bumble Bee and StarKist, four executives, including Lischewski, were charged in the investigation. The other three
executives pleaded guilty and testified in Lischewski’s trial.
The sentence announced today is a result of the
department’s ongoing investigation into price fixing in the packaged-seafood industry, which is being conducted by the Antitrust
Division’s San Francisco Office and the FBI’s San Francisco Field Office. Anyone with information on price fixing, bid rigging, or
other anticompetitive conduct related to the packaged-seafood industry should contact the Antitrust Division’s San Francisco Office at
415-934-5300, visit www.justice.gov/atr/contact/newcase.html,
or call the FBI tip line at 415-553-7400.
The year 2020 marks the
150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
###
|
|
 |
|
FTC Reaches Settlement with Kohl’s over Allegations it Failed to Provide Victims with Information Related to Identity Theft
Kohl’s Department Stores, Inc. has agreed to pay a civil penalty of $220,000 to settle Federal Trade Commission
allegations that the Wisconsin-based retailer violated the Fair Credit Reporting Act (FCRA) by refusing to provide complete
records of transactions to consumers whose personal information was used by identity thieves.
In a complaint filed
by the Department of Justice on behalf of the FTC, the Commission alleges that Kohl’s refused to provide information
identifying the thieves to identity theft victims, despite the fact that the FCRA guarantees
victims access to this information. The FTC also alleges that the company failed to provide the information within 30 days,
as required by the FCRA. The information sought by identity theft victims included records of sales made by the identity
thieves using stolen personal information, along with the perpetrator’s name and contact information.
“If someone stole your identity, it’s your right to get the records related to the theft – and that’s a right the FTC
takes seriously,” said Andrew Smith, Director of the FTC’s Bureau of Consumer Protection. “This case is a warning to other
companies: We will hold you responsible if you fail to give identity theft victims the required business records.”
This is the first case the FTC has brought using its authority under Section 609(e) of the FCRA, which Congress added to
the statute to require companies to provide victims of identity theft with application and business transaction records
about fraudulent transactions made in their names within 30 days.
In addition to the civil
penalty, Kohl’s is required to provide identity theft victims, who provide valid verification of their identity and the
identity theft, with access to business transaction records related to the theft within 30 days. The company also must post
a notice on its website informing identity theft victims about how to obtain records related to identify theft, and certify
that it has reached out to victims who were unlawfully denied access to such records in the past.
The Commission voted 5-0 to authorize the complaint and stipulated final order to be filed. The Department of Justice,
on behalf of the FTC, filed the complaint and stipulated final order in the U.S. District Court for the Eastern District of
Wisconsin.
NOTE: The Commission files a complaint when it has “reason to believe” that the named
defendants are violating or are about to violate the law and it appears to the Commission that a proceeding is in the
public interest. Stipulated final orders have the force of law when approved and signed by the District Court judge.
The Federal Trade Commission works to promote competition, and protect
and educate consumers. You can learn
more about consumer topics and file a consumer
complaint online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook,
follow us on Twitter,
read our blogs,
and subscribe
to press releases for the latest FTC news and resources.
Contact Information
More news from the FTC >>
|
|
06/11/2020 12:00 AM EDT
A former Drug Enforcement Administration (DEA) public affairs officer pleaded guilty today to defrauding at least a dozen companies of
over $4.4 million by posing falsely as a covert officer of the Central Intelligence Agency (CIA).
06/10/2020 12:00 AM EDT
Bay Area Hospitality And Automotive Executive Charged With Fraud
06/05/2020 12:00 AM EDT
06/05/2020 12:00 AM EDT
Four Florida men were charged in an indictment unsealed Thursday for their alleged participation in a compound pharmacy kickback scheme.
05/22/2020, 12:28 PM
REGULATION UPDATE INFORMATION MEMO
Additional Information for Floor Brokers Following Resumption of Trading Operations on the Trading Floor on May 26, 2020
|
|
 |
|
FTC Halts Deceptive Payday Lender That Took Millions From Consumers’ Accounts Without Authorization
Defendants drew repeated interest-only charges, leaving consumers to pay more than promised
The Federal Trade Commission has
charged a payday lending enterprise with deceptively overcharging consumers millions of dollars and withdrawing money
repeatedly from consumers’ bank accounts without their permission. A federal court has
entered a temporary restraining order halting the operation and freezing the defendants’ assets, at the FTC’s request.
According to the FTC, the 11 defendants, through Internet websites and telemarketing, and operating under the names
Harvest Moon Financial, Gentle Breeze Online, and Green Stream Lending, used deceptive marketing tactics to convince
consumers that their loans would be repaid in a fixed number of payments. In fact, in many instances, the FTC alleges,
consumers found that long after the promised number of payments had been made, the defendants had applied their funds to
finance charges only and were continuing to make regular finance-charge only withdrawals from their checking accounts.
In addition, the FTC charges that the defendants failed to make required loan disclosures, made recurring withdrawals
from consumers’ bank accounts without proper authorization, and illegally used remotely created checks.
“Harvest Moon bled consumers dry, by promising a single payment payday loan, but then automatically debiting consumers’
bank accounts for finance charges every two weeks, in perpetuity,” said Andrew Smith, Director of the FTC’s Bureau of
Consumer Protection.
The FTC charges the defendants with violating the FTC Act, the Telemarketing Sales Rule, the Truth in Lending Act and
Regulation Z, and the Electronic Funds Transfer Act and Regulation E. The defendants named in the case are: Lead Express,
Inc.; Camel Coins, Inc.; Sea Mirror, Inc,; Naito Corp.; Kotobuki Marketing, Inc.; Ebisu Marketing, Inc.; Hotei Marketing,
Inc.; Daikoku Marketing, Inc.; La Posta Tribal Lending Enterprise; Takehisa Naito; and Keishi Ikeda.
The Commission vote authorizing the staff to file the complaint was 5-0. The U.S. District Court for the District of
Nevada entered the temporary restraining order on May 19, 2020.
The FTC has information
for consumers about payday loans, including alternative options and information for military consumers.
NOTE: The Commission files a complaint when it has “reason to believe” that the named
defendants are violating or are about to violate the law and it appears to the Commission that a proceeding is in the
public interest. The case will be decided by the court.
The Federal Trade Commission works to promote competition, and protect
and educate consumers. You can learn
more about consumer topics and file a consumer
complaint online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook,
follow us on Twitter,
read our blogs,
and subscribe
to press releases for the latest FTC news and resources.
Contact Information
Related Cases
|
|
05/18/2020 12:00 AM EDT
Assistant Attorney General for National Security John C. Demers and U.S. Attorney Erica H. MacDonald today announced the unsealing of a
six-count federal indictment against Seyed Sajjad Shahidian, 33, Vahid Vali, 33, and PAYMENT24 for conducting financial transactions in
violation of U.S. sanctions against Iran. The defendants were charged with conspiracy to commit offenses against and to defraud the United
States, wire fraud, money laundering, and identity theft. Shahidian, who was arrested and extradited from the United Kingdom, made his initial
appearance earlier today before Magistrate Judge David T. Schultz in U.S. District Court in Minneapolis, Minnesota. Vali remains at large.
 |
TRADER UPDATE |
|
05/18/2020, 08:56
NYSE OPTIONS QUOTE RELIEF
NYSE American Options and NYSE Arca Options has granted double width quote relief for all option symbols for May 8, 2020.
|
|
|
Omnicare, Inc., agrees to pay more than $15 million to resolve allegations it improperly dispensed narcotics at
long-term care facilities
WASHINGTON – Omnicare,
Inc., a subsidiary of CVS Health and a leading provider of pharmacy services to long-term care facilities, has agreed to pay
the United States a $15.3 million civil penalty to resolve allegations that it violated federal law by allowing opioids and
other controlled substances to be dispensed without a valid prescription, DEA Acting Administrator Uttam Dhillon announced
today.
Omnicare operates “closed door” pharmacies,
which are pharmacies that are not open to the public, that deliver controlled substances to nursing homes and other long-term
care facilities. Omnicare makes daily deliveries of prescription medications to residents of long-term care facilities; but it
also pre-positions limited stockpiles of controlled substances at long-term care facilities in “emergency kits,” which are to
be dispensed to patients on an emergency basis. These emergency kits, which often include opioids and other controlled
substances that are commonly abused and diverted, remain part of Omnicare’s inventory and must be tightly controlled and
tracked. The controlled substances may be dispensed only pursuant to a valid prescription.
“Omnicare failed in its responsibility to ensure
proper controls of medications used to treat some of the most vulnerable among us,” said Acting Administrator Dhillon. “DEA is
committed to keeping our communities safe by holding companies like Omnicare accountable for such failures, while ensuring
continuity of care and necessary access to emergency prescription drug supplies.”
The United States alleged that Omnicare violated
the federal Controlled Substances Act in its handling of emergency prescriptions, its controls over the emergency kits, and
its processing of written prescriptions that had missing elements. The federal investigation found that Omnicare failed to
control emergency kits by improperly permitting long-term care facilities to remove opioids and other controlled substances
from emergency kits days before doctors provided a valid prescription. The investigation also revealed that Omnicare had
repeated failures in its documentation and reporting of oral emergency prescriptions of Schedule II controlled substances.
As part of the settlement agreement announced
today, Omnicare agreed to pay the $15.3 million civil penalty and entered into a Memorandum of Agreement with the Drug
Enforcement Administration that will require Omnicare to increase its auditing and monitoring of emergency kits placed at
long-term care facilities.
This matter was investigated by the DEA’s Field
Divisions in Denver, Los Angeles, San Francisco, and Seattle, in conjunction with five U.S. Attorney’s Offices: the Central
District of California, the Eastern District of California, the District of Colorado, the District of Oregon, and the District
of Utah. The settlement agreement, which was finalized on May 6, resolves Omnicare’s civil liability for the alleged
Controlled Substances Act violations in those five districts.
The claims settled by this civil agreement are
allegations. In entering into this settlement agreement, Omnicare did not admit to any liability.
# # #
|
|
|
|
05/11/2020 12:00 AM EDT
 |
by Colleen Tressler Consumer Education Specialist, FTC
Every day we are reading about researchers studying potential ways to prevent, treat or cure COVID-19. However, at this
time there certainly are no products you can buy online, or services you can get at a neighborhood clinic, that are proven to
work. But that doesn’t stop some sellers from pitching products that claim to protect or heal you.
Read more >
|
|
|
|
|
FDIC Issues List of Banks Examined for CRA Compliance
|
FOR IMMEDIATE RELEASE
WASHINGTON - The Federal Deposit Insurance Corporation (FDIC) today issued its list of state nonmember banks
recently evaluated for compliance with the Community Reinvestment Act (CRA). The list covers evaluation ratings that the FDIC assigned to
institutions in February 2020.
The CRA is a 1977 law intended to encourage insured banks and thrifts to meet local credit needs, including those of low- and
moderate-income neighborhoods, consistent with safe and sound operations. As part of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (FIRREA), Congress mandated the public disclosure of an evaluation and rating for each bank or thrift that
undergoes a CRA examination on or after July 1, 1990.
You may obtain a consolidated
list of all state nonmember banks whose evaluations have been made publicly available since July 1, 1990, including the rating for
each bank.
A copy of an individual bank's CRA evaluation is available directly from the bank, which is required by law to make the material available
upon request, or from the FDIC's Public Information Center.
Attachments:
February 2020 List of Banks Examined for CRA Compliance
Monthly List of Banks Examined for CRA Compliance
# # #
|
|
FOR IMMEDIATE RELEASE
|
THURSDAY, APRIL 30, 2020 |
|
|
|
|
WASHINGTON – Florida Cancer Specialists &
Research Institute LLC (FCS), an oncology group headquartered in Fort Myers, Florida, was charged with conspiring to allocate
medical and radiation oncology treatments for cancer patients in Southwest Florida, the Department of Justice announced. This
charge is the first in the department’s ongoing investigation into market allocation in the oncology industry.
According to a one-count felony charge filed
today in the U.S. District Court in Fort Myers, Florida, FCS participated in a criminal antitrust conspiracy with a competing
oncology group in Collier, Lee, and Charlotte counties (Southwest Florida). FCS and its co-conspirators agreed not to compete
to provide chemotherapy and radiation treatments to cancer patients in Southwest Florida. Beginning as early as 1999 and
continuing until at least 2016, FCS entered into an illegal agreement that allocated chemotherapy treatments to FCS and radiation
treatments to a competing oncology group. This conspiracy allowed FCS to operate with minimal competition in Southwest
Florida and limited valuable integrated care options and choices for cancer patients.
The Antitrust Division also announced a deferred
prosecution agreement (DPA) resolving the charge against FCS, under which the company admitted to conspiring to allocate
chemotherapy and radiation treatments for cancer patients. FCS has agreed to pay a $100 million criminal penalty —the
statutory maximum— and to cooperate fully with the Antitrust Division’s ongoing investigation. FCS has also agreed to
maintain an effective compliance program designed to prevent and detect criminal antitrust violations.
“Today’s resolution, with one of the largest
independent oncology groups in the United States, is a significant step toward ensuring that cancer patients in Southwest Florida
are afforded the benefits of competition for life-saving treatments,” said Assistant Attorney General Makan Delrahim of the
Department of Justice’s Antitrust Division. “For almost two decades, FCS and its co-conspirators agreed to cheat by limiting
treatment options available to cancer patients in order to line their pockets. The Antitrust Division is continuing its
investigation to ensure that all responsible participants are held accountable to the maximum extent possible.”
“The FBI has no tolerance for medical providers
who stand to profit by criminally exploiting cancer patients,” said Michael McPherson, Special Agent in Charge of the FBI’s Tampa
Field Office. “We will not turn a blind eye while executives pad their pockets to the detriment of vulnerable Americans.
We will use every tool at our disposal to ensure that the public has access to a competitive marketplace for healthcare.”
Additionally, the agreement includes a
non-compete waiver aimed at increasing competition in the treatment of cancer patients in Southwest Florida. Under the
agreement’s terms, FCS has agreed not to enforce any non-compete provisions with its current or former oncologists or other
employees who, during the term of the DPA, open or join an oncology practice in Southwest Florida.
This charge is the result of an ongoing federal
antitrust investigation into market allocation and other anticompetitive conduct in the oncology industry, which is being conducted
by the Antitrust Division and the FBI’s Tampa Field Office – Fort Meyers RA.
The Florida Office of the Attorney General
separately announced today that, in connection with its own independent investigation, FCS agreed to settle civil claims that it
violated Florida antitrust laws.
Anyone with information on market allocation,
price fixing, bid rigging, or other anticompetitive conduct in the health care or any other industry should contact the Antitrust
Division’s Citizen Complaint Center at 1-888-647-3258 or visit www.justice.gov/atr/contact/newcase.html.
If you believe that you were a victim of this crime, please visit http://www.justice.gov/atr/victims-rights.
NOTE: To view the
FCS Deferred Prosecution Agreement, click
here; to view the FCS Information, click
here; to view the FCS Deferred Prosecution Agreement Q&A, click
here.
###
|
|
Attorney Agrees to Plead Guilty to a String of Crimes, Including Paying Bribes to Two Federal Law Enforcement Officials
04/28/2020 12:00 AM EDT
A Calabasas man has agreed to plead guilty to five federal offenses – one related to a credit card “bust-out” scheme, and the others related to
more than $250,000 in bribes he paid to two federal agents for assistance that included sensitive law enforcement information.
 |
MARKET STATUS |
|
|
STATUS: INFORMATIONAL MESSAGE |
|
04/13/2020, 08:41
NYSE OPTIONS QUOTE RELIEF
NYSE American Options and NYSE Arca Options has granted double width quote relief for all option symbols for April 13, 2020.
|
|



 |
|
Federal Trade Commission Closes Investigation of Johnson & Johnson’s Proposed Acquisition of TachoSil from Takeda Pharmaceutical Company
The Federal Trade Commission has closed its investigation into Johnson & Johnson’s proposed acquisition of the fibrin
sealant surgical patch TachoSil from Takeda Pharmaceutical Company.
“Staff of the Bureau of Competition and Bureau of Economics thoroughly investigated Johnson & Johnson’s proposed
acquisition of Takeda’s surgical patch, TachoSil,” said FTC Chairman Joseph Simons. “The investigation focused on the
potential loss of competition between TachoSil and Johnson & Johnson’s Evarrest—the only two fibrin sealant patches
approved in the United States to stop bleeding during surgery. As a result of that investigation, staff had significant
concerns about the likely anticompetitive effects and had recommended that the Commission block the transaction. Now that
the deal has been abandoned, patients and surgeons will continue to benefit from competition between these life-saving
devices.”
Throughout the investigation, FTC staff cooperated closely with staff of the European Commission’s DG Competition.
The Commission had previously
denied a motion to quash compulsory process filed by the parties. The Commission vote to close the
investigation was 5-0.
The Federal Trade Commission works to promote
competition, and protect and educate consumers. You can learn more about how
competition benefits consumers or file
an antitrust complaint.
|
|
|
WASHINGTON – South
Korea-based company Jier Shin Korea Co. Ltd., and its president, Sang Joo Lee, have agreed to pay $2 million to the United States for
civil antitrust and False Claims Act violations for their involvement in a bid-rigging conspiracy that targeted contracts to supply fuel
to U.S. military bases in South Korea, the Department of Justice announced today.
The United States previously reached civil settlements
totaling over $205 million relating to the conspiracy with GS Caltex Corporation, Hanjin Transportation Co. Ltd., Hyundai Oilbank Co.
Ltd., SK Energy Co. Ltd., and S-Oil Corporation. As with the prior civil settlements, this settlement reflects the important role of
both Section 4A of the Clayton Act and the False Claims Act to ensure that the United States is compensated when it is the victim of
anticompetitive conduct.
“Today’s settlement represents the final chapter of our
efforts to use Section 4A of the Clayton Act to ensure that the companies involved in this conspiracy compensate American taxpayers for
their anticompetitive activity,” said Assistant Attorney General Makan Delrahim of the Antitrust Division. “Together, these are the
largest Section 4A settlements in American history, and we will continue to use this important enforcement tool when taxpayers are harmed
by cartels.”
“This is the sixth False Claims Act settlement arising
from the bid rigging of contracts to supply fuel to U.S. military bases in South Korea,” said Assistant Attorney General Jody Hunt of the
Civil Division. “We will pursue and hold accountable those who seek to defraud the American taxpayers, including those who conspire
with others to do so.”
“You will pay the price if you rig bids and especially
if you target our military bases while doing so,” said U.S. Attorney David M. DeVillers for the Southern District of Ohio. “Today’s
settlement shows that we will not stop until we hold accountable all responsible parties.”
The Department’s Antitrust Division today filed a civil
antitrust complaint in the U.S. District Court for the Southern District of Ohio and, at the same time, filed a proposed settlement that,
if approved by the court, would resolve the lawsuit against Jier Shin Korea and Mr. Lee for their anticompetitive conduct targeting the
U.S. military in South Korea. The proposed settlement requires that Jier Shin Korea and Mr. Lee pay $2 million to the United States
to resolve the civil antitrust violations. In addition, Jier Shin Korea and Mr. Lee have agreed to continue to cooperate with the
United States’ civil investigations and to abide by an antitrust compliance program. The amount to be paid by Jier Shin Korea and
Mr. Lee reflects the value of their cooperation, limitations on their ability to pay, and cost savings realized by avoiding extended
litigation. The settlement further provides that the United States, if it discovers any material misrepresentations in the financial
statements provided by Jier Shin Korea and Mr. Lee regarding their ability to pay, may recover the full amount by which Jier Shin Korea or
Mr. Lee understated that ability.
The payment will also resolve civil claims that the
United States has under the False Claims Act against Jier Shin Korea and Mr. Lee for making false statements to the government in
connection with their agreement not to compete. The Civil Division has entered into a separate settlement agreement with Jier Shin
Korea and Mr. Lee to resolve these claims.
The civil settlement was handled by the Antitrust
Division’s Transportation, Energy, and Agriculture Section, by the Civil Division, and by the Civil Fraud Section of the United States
Attorney’s Office in the Southern District of Ohio.
The United States’ civil investigation resulted from a
whistleblower lawsuit filed under the qui tam provisions of the False Claims Act. Those
provisions allow for private parties to sue on behalf of the United States and to share in any recovery.
The proposed civil antitrust settlement, along with the
Antitrust Division’s competitive impact statement, will be published in the Federal Register, as required by the
Antitrust Procedures and Penalties Act. Any person may submit written comments concerning the proposed settlement within 60 days of
its publication to Robert Lepore, Chief, Transportation, Energy, and Agriculture Section, Antitrust Division, U.S. Department of Justice,
450 Fifth Street, N.W., Suite 8000, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the court may enter the
civil antitrust settlement upon a finding that it serves the public interest.
The year 2020 marks the
150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
###
|
|
 |
MARKET STATUS |
|
|
STATUS: INFORMATIONAL MESSAGE |
|
04/08/2020, 09:10
NYSE OPTIONS QUOTE RELIEF
NYSE American Options and NYSE Arca Options has granted double width quote relief for all option symbols for April 8, 2020.
|
|
04/07/2020 12:00 AM EDT
A Savannah-area pharmacy and its pharmacist have agreed to settle federal claims that they unlawfully dispensed controlled substances pursuant to
prescriptions by a notorious pill-mill doctor.
04/07/2020 12:00 AM EDT
Dear Hospital Executives: As the United States Attorney for the Southern District of Ohio, I am the chief federal law enforcement officer in
approximately half of Ohio’s counties. My office’s primary responsibility is to enforce the laws of the United States on behalf of the
citizens we serve. In light of the COVID-19 pandemic, our office is prioritizing the deterrence, investigation, and prosecution of
wrongdoing related to the coronavirus – including those engaged in hoarding and/or price-gouging with regard to critical medical supplies.
These practices are not only morally repugnant in light of the pandemic we are facing, but also, if left unchecked, can inhibit hospitals,
physicians and other health care professionals, governmental agencies, and the public from fully implementing measures designed to save
lives and mitigate the spread of the novel coronavirus.
 |
MARKET STATUS |
|
|
STATUS: INFORMATIONAL MESSAGE |
|
04/03/2020, 08:54
NYSE OPTIONS QUOTE RELIEF
NYSE American Options and NYSE Arca Options has granted double width quote relief for all option symbols for April 3, 2020.
|
|
|
|
FDIC Issues List of Banks Examined for CRA Compliance
|
WASHINGTON - The Federal Deposit Insurance Corporation (FDIC) today issued its list of state nonmember banks
recently evaluated for compliance with the Community Reinvestment Act (CRA). The list covers evaluation ratings that the FDIC
assigned to institutions in January 2020.
The CRA is a 1977 law intended to encourage insured banks and thrifts to meet local credit needs, including those of low- and
moderate-income neighborhoods, consistent with safe and sound operations. As part of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 (FIRREA), Congress mandated the public disclosure of an evaluation and rating for each bank or thrift that
undergoes a CRA examination on or after July 1, 1990.
You may obtain a consolidated
list of all state nonmember banks whose evaluations have been made publicly available since July 1, 1990, including the
rating for each bank, or obtain a hard copy from FDIC's Public Information Center, 3501 Fairfax Drive, Room E-1002, Arlington, VA 22226
(877-275-3342 or 703-562-2200).
A copy of an individual bank's CRA evaluation is available directly from the bank, which is required by law to make the material available
upon request, or from the FDIC's Public Information Center.
Attachments:
# # #
Congress created the Federal Deposit Insurance Corporation in 1933 to restore public confidence in the nation's banking system. The FDIC
insures deposits at the nation's banks and savings associations, 5,177 as of December 31, 2019. It promotes the safety and soundness of
these institutions by identifying, monitoring and addressing risks to which they are exposed. The FDIC receives no federal tax
dollars—insured financial institutions fund its operations.
|
|

Offices of the United States Attorneys
04/03/2020 12:00 AM EDT
03/30/2020 12:00 AM EDT
 |
IRS
Newswire |
March
25, 2020 |
|
News Essentials
What's Hot
News Releases
IRS - The Basics
IRS Guidance
Media Contacts
Facts & Figures
Around The Nation
e-News Subscriptions
The Newsroom Topics
Multimedia Center
Noticias en Español
Radio PSAs
Tax Scams
The Tax Gap
Fact Sheets
IRS Tax Tips
Armed Forces
Latest News Home
IRS Resources
Compliance & Enforcement
Contact My Local Office
Filing Options
Forms & Instructions
Frequently Asked Questions
News
Taxpayer Advocate
Where to File
IRS Social Media
|
Issue Number: IR-2020-59
Inside This Issue
IRS unveils new People First Initiative; COVID-19 effort temporarily adjusts, suspends key
compliance programs
WASHINGTON – To help people facing the challenges of COVID-19 issues, the Internal Revenue Service announced today a
sweeping series of steps to assist taxpayers by providing relief on a variety of issues ranging from easing payment
guidelines to postponing compliance actions.
“The IRS is taking extraordinary steps to help the people of our country,” said IRS Commissioner Chuck Rettig. “In
addition to extending tax deadlines and working on new legislation, the IRS is pursuing unprecedented actions to ease
the burden on people facing tax issues. During this difficult time, we want people working together, focused on their
well-being, helping each other and others less fortunate.”
“The new IRS People First Initiative provides immediate relief to help people facing uncertainty over taxes,” Rettig
added “We are temporarily adjusting our processes to help people and businesses during these uncertain times. We are
facing this together, and we want to be part of the solution to improve the lives of all people in our country.”
These new changes include issues ranging from postponing certain payments related to Installment Agreements and
Offers in Compromise to collection and limiting certain enforcement actions. The IRS will be temporarily modifying the
following activities as soon as possible; the projected start date will be April 1 and the effort will initially run
through July 15. During this period, to the maximum extent possible, the IRS will avoid in-person contacts. However,
the IRS will continue to take steps where necessary to protect all applicable statutes of limitations.
“IRS employees care about our people and our country, and they have a strong desire to help improve this situation,”
Rettig said. “These new actions reflect just one of many ways our employees are working hard every day to assist the
nation. We care, a lot. IRS employees are actively engaged, and they have always delivered for their communities and
our country. The People First Initiative is designed to help people take care of themselves and is a key part of our
ongoing response to the coronavirus effort.”
More specifics about the implementation of these provisions will be shared soon. Highlights of the key actions in
the IRS People First Initiative include:
Existing Installment Agreements – For taxpayers under an existing Installment
Agreement, payments due between April 1 and July 15, 2020 are suspended. Taxpayers who are currently unable to comply
with the terms of an Installment Payment Agreement, including a Direct Deposit Installment Agreement, may suspend
payments during this period if they prefer. Furthermore, the IRS will not default any Installment Agreements during
this period. By law, interest will continue to accrue on any unpaid balances.
New Installment Agreements – The IRS reminds people unable to fully pay their federal
taxes that they can resolve outstanding liabilities by entering into a monthly payment agreement with the IRS. See
IRS.gov for further information.
Offers in Compromise (OIC) – The IRS is taking several steps to assist taxpayers in
various stages of the OIC process:
- Pending OIC applications – The IRS will allow taxpayers
until July 15 to provide requested additional information to support a pending OIC. In addition, the IRS will not
close any pending OIC request before July 15, 2020, without the taxpayer’s consent.
- OIC Payments – Taxpayers have the option of suspending
all payments on accepted OICs until July 15, 2020, although by law interest will continue to accrue on any unpaid
balances.
- Delinquent Return Filings - The IRS will not default an
OIC for those taxpayers who are delinquent in filing their tax return for tax year 2018. However, taxpayers should
file any delinquent 2018 return (and their 2019 return) on or before July 15, 2020.
- New OIC Applications – The IRS reminds people facing a
liability exceeding their net worth that the OIC process is designed to resolve outstanding tax liabilities by
providing a “Fresh Start.” Further information is available at IRS.gov
Non-Filers –The IRS reminds people who have not filed their return for tax years
before 2019 that they should file their delinquent returns. More than 1 million households that haven’t filed tax
returns during the last three years are actually owed refunds; they still have time to claim these refunds. Many should
consider contacting a tax professional to consider various available options since the time to receive such refunds is
limited by statute. Once delinquent returns have been filed, taxpayers with a tax liability should consider taking the
opportunity to resolve any outstanding liabilities by entering into an Installment Agreement or an Offer in Compromise
with the IRS to obtain a “Fresh Start.” See IRS.gov for further information.
Field Collection Activities - Liens and levies (including any seizures of a personal
residence) initiated by field revenue officers will be suspended during this period. However, field revenue officers
will continue to pursue high-income non-filers and perform other similar activities where warranted.
Automated Liens and Levies – New automatic, systemic liens and levies will be
suspended during this period.
Passport Certifications to the State Department – IRS will suspend new certifications
to the Department of State for taxpayers who are “seriously delinquent” during this period. These taxpayers are
encouraged to submit a request for an Installment Agreement or, if applicable, an OIC during this period. Certification
prevents taxpayers from receiving or renewing passports.
Private Debt Collection – New delinquent accounts will not be forwarded by the IRS to
private collection agencies to work during this period.
Field, Office and Correspondence Audits – During this period, the IRS will generally
not start new field, office and correspondence examinations. We will continue to work refund claims where possible,
without in-person contact. However, the IRS may start new examinations where deemed necessary to protect the
government’s interest in preserving the applicable statute of limitations.
- In-Person Meetings - In-person meetings regarding
current field, office and correspondence examinations will be suspended. Even though IRS examiners will not hold
in-person meetings, they will continue their examinations remotely, where possible. To facilitate the progress of
open examinations, taxpayers are encouraged to respond to any requests for information they already have received -
or may receive - on all examination activity during this period if they are able to do so.
- Unique Situations - Particularly for some corporate and
business taxpayers, the IRS understands that there may be instances where the taxpayers desire to begin an
examination while people and records are available and respective staffs have capacity. In those instances when it’s
in the best interest of both parties and appropriate personnel are available, the IRS may initiate activities to
move forward with an examination -- understanding that COVID-19 developments could later reduce activities for an
agreed period.
- General Requests for Information - In addition to
compliance activities and examinations, the IRS encourages taxpayers to respond to any other IRS correspondence
requesting additional information during this time if possible.
Earned Income Tax Credit and Wage Verification Reviews – Taxpayers have until July 15,
2020, to respond to the IRS to verify that they qualify for the Earned Income Tax Credit or to verify their income.
These taxpayers are encouraged to exercise their best efforts to obtain and submit all requested information, and if
unable to do so, please reach out to the IRS indicating the reason such information is not available. Until July 15,
2020, the IRS will not deny these credits for a failure to provide requested information.
Independent Office of Appeals – Appeals employees will continue to work their cases.
Although Appeals is not currently holding in-person conferences with taxpayers, conferences may be held over the
telephone or by videoconference. Taxpayers are encouraged to promptly respond to any outstanding requests for
information for all cases in the Independent Office of Appeals.
Statute of Limitations - The IRS will continue to take steps where necessary to
protect all applicable statutes of limitations. In instances where statute expirations might be jeopardized during this
period, taxpayers are encouraged to cooperate in extending such statutes. Otherwise, the IRS will issue Notices of
Deficiency and pursue other similar actions to protect the interests of the government in preserving such statutes.
Where a statutory period is not set to expire during 2020, the IRS is unlikely to pursue the foregoing actions until at
least July 15, 2020.
Practitioner Priority Service – Practitioners are reminded that, depending on staffing
levels and allocations going forward, there may be more significant wait times for the PPS. The IRS will continue to
monitor this as situations develop.
“The IRS will continue to review and, where appropriate, modify or expand the People First Initiative as we continue
reviewing our programs and receive feedback from others,” Rettig said. “We are committed to helping people get through
this period, and our employees will remain focused on these and other helpful efforts in the days and weeks ahead. I
ask for your personal support, your understanding – and your patience – as we navigate our way forward together. Stay
safe and take care of your families, friends and others.”
Back to
Top

|
View
entire message


Coronavirus
Disease 2019 (COVID-19) and Mariner Credentialing Program Impacts – Update #1
The Coast Guard published Marine
Safety Information Bulletin (MSIB) 08-20 announcing several updates based on the COVID-19 pandemic. Effective March
19, 2020, the Coast Guard’s 17 Regional Examination Centers (REC) and 3 Monitoring Units (MU) are closed
to the public until further notice.
All REC/MU customer walk-in service is suspended and all scheduled examinations
and appointments are cancelled. REC appointment calendars are closed. The National Maritime Center (NMC) will closely monitor the situation
and restore these services as soon as possible.
In an effort to minimize customer service disruptions:
- The Customer Service Center call center is open from 8:00
a.m. to 5:30 p.m. EST, Monday through Friday. You may reach the call center at 1-888-IASKNMC (427-5662) and IASKNMC@uscg.mil.
Mariners are asked to not try to reschedule appointments until the NMC re-opens the appointment calendars. The NMC will provide notice
when the calendars are available.
- For improved service and security use the electronic
submission process. Guidance and REC/MU e-mail addresses are located on the NMC
website. Be advised that electronic submissions will only be accepted in PDF format. Other
formats such as .zip files and camera captured images will not be accepted.
- National Endorsements:
Merchant Mariner Credentials (MMC) and Medical Certificates (National Endorsements only) that expire between March 1, 2020, and July 31,
2020, are extended until October 31, 2020. Mariners actively working on expired credentials that meet the expiration criteria must carry
the expired credential with a copy of MSIB
08-20.
- STCW Endorsements:
MMCs with STCW endorsements that expire between March 1, 2020, and July 31, 2020, are extended until October 31, 2020. Mariners who are
actively working on expired credentials that meet the expiration criteria must carry the expired credential with a copy of MSIB
08-20.
- STCW Medical
Certificates: STCW Medical Certificates are valid for 3 months from the expiration date in
accordance with STCW Regulation I/9. Mariners who are actively working on expired Medical Certificates that meet the expiration criteria must
carry the expired certificate with a copy of MSIB
08-20.
- Additional
Administrative Measures: The following items that expire between March 1, 2020, and July 31, 2020,
are extended until October 31, 2020: Additional Information letters, Qualified Assessor letters, Designated Examiner letters, Proctor
Approval letters, Approved to Test letters, Mariner Training course completion certificates.
- Pilot Annual Physical Examinations:
46 USC 7101(e)(3) requires that pilots undergo an annual physical examination each year while holding a credential. The Coast Guard does not
intend to enforce this requirement given the current national emergency and the lack of medical care. This measure ONLY relaxes
the requirement for an annual physical and not the actual medical standards.
At this time, NMC operations in Martinsburg, WV, are being minimally impacted by
COVID-19. This is a dynamic situation and updates will be provided as needed. The NMC understands this reduction in service may affect our
industry customers and stakeholders, and we apologize for any potential inconvenience.
Sincerely,
/K. R. Martin/ Kirsten R. Martin
Captain, U.S. Coast Guard Commanding Officer
|
03/19/2020 12:00 AM EDT
TULSA, Okla. – As the United States Attorney’s Office continues its public safety mission, U.S. Attorney Trent Shores cautions the public to be
aware of fraud schemes seeking to exploit the evolving COVID-19 public health crisis.
 |
MARKET STATUS |
|
|
STATUS: INFORMATIONAL MESSAGE |
|
03/20/2020, 08:38
NYSE OPTIONS QUOTE RELIEF
NYSE American Options and NYSE Arca Options has granted double width quote relief for all option symbols for March 20, 2020
|
|
NYSE |
TRADER UPDATE |
|
03/18/2020, 17:34
NYSE TO MOVE TEMPORARILY TO ALL-ELECTRONIC TRADING MONDAY, MARCH 23
On Monday, March 23, New York Stock Exchange will initiate its business continuity plan (“BCP”) and move, on a
temporary basis, to fully electronic trading.
All-electronic trading will begin with Monday’s market open. The facilities to be closed comprise the NYSE
equities trading floor in New York, NYSE American Options trading floor in New York, and NYSE Arca Options trading
floor in San Francisco. The decision to temporarily close the trading floors represents a precautionary step to
protect the health and well-being of employees and the floor community in response to COVID-19.
“NYSE’s
trading floors provide unique value to issuers and investors, but our markets are fully capable of operating in an
all-electronic fashion to serve all participants, and we will proceed in that manner until we can re-open our trading
floors to our members,” said Stacey Cunningham, President of the New York Stock Exchange. “While we are taking the
precautionary step of closing the trading floors, we continue to firmly believe the markets should remain open and
accessible to investors. All NYSE markets will continue to operate under normal trading hours despite the closure of
the trading floors.”
The NYSE has robust, regularly tested contingency plans in place to initiate fully electronic trading on its
exchanges that have physical trading floors. On the NYSE’s equities market, the Exchange’s Designated Market Makers
will connect to the exchange electronically to provide liquidity in their stocks, however floor broker order types
will be unavailable. On the NYSE’s options markets, electronic trading will continue normally but open-outcry trading
will be suspended with the closure of the options trading floors.
BCP Frequently Asked Questions Document
|
|
|
03/16/2020 12:00 AM EDT
A federal jury in Salt Lake City, Utah, convicted California businessman Lev Aslan Dermen, also known as Levon Termendzhyan, of criminal charges
today relating to a $1 billion renewable fuel tax credit fraud scheme, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman
of the Justice Department’s Tax Division, U.S. Attorney John W. Huber for the District of Utah, Don Fort Chief of Internal Revenue Service (IRS) -
Criminal Investigation, Acting Special Agent-in-Charge Lance Ehrig for the Denver Area Office of Environmental Protection Agency (EPA) - Criminal
Investigation Division, and Special Agent-in-Charge Michael Mentavlos for the Denver Area Office of Defense Criminal Investigative Service.
NYSE |
TRADER UPDATE |
|
03/12/2020, 09:37
MWCB LEVEL 1 - 7 % S&P 500 DECLINE - ALL TRADING HALTED
Due to a 7 percent decline in the S&P 500 index, in accordance with the NYSE, NYSE Arca, NYSE American, NYSE National and NYSE
Chicago Rule 7.12, equity trading at the NYSE Exchanges has been halted. Information about order entry during the halt and the
reopening process is available here
The market will re-open today at the following time: 9:50:44 ET
|
|
03/11/2020 12:00 AM EDT
The former CEO of an Irvine-based financial services and insurance company has been sentenced to 121 months in federal prison for defrauding
elderly victims who thought their money was being invested in a certificate of deposit at a major bank – but, instead, was actually used to fund
his lavish lifestyle.
03/11/2020 12:00 AM EDT
Tampa, Florida – Richard De La Cruz (55, Jacksonville) has pleaded guilty to making false statements relating to health care matters in
connection with writing opioid prescriptions. De La Cruz faces a maximum penalty of five years in federal prison. According to the plea
agreement, De La Cruz was a Florida-licensed physician who worked for MD2U, a now-shuttered, Kentucky-based company that provided a network
of in-home primary care for patients. MD2U commonly used nurse practitioners, instead of physicians, to conduct in-person examinations and
evaluations of patients in the Tampa Bay area, including those who were prescribed opioids. In mid-2014, the Florida Board of Medicine (“FBOM”)
determined that De La Cruz and MD2U’s practice of prescribing controlled substances without an in-person evaluation by a physician violated
Florida medical standards and regulations. Contrary to the FBOM ruling, De La Cruz continued to write opiate prescriptions to MD2U patients
without personally meeting with and evaluating the patients. De La Cruz concealed this in claims later submitted to Medicare for payment of
the opiate prescriptions. This case was investigated by the U.S. Department of Health and Human Services Office of Inspector General and the
Middle District of Florida Opioid Fraud and Abuse Detection Unit. The Opioid Fraud and Abuse Detection Unit was created by the Department of
Justice to focus on opioid-related health care fraud, using data to identify and prosecute individuals who contribute to the prescription
opioid epidemic. It is being prosecuted by Assistant United States Attorneys Kelley Howard-Allen and Greg Pizzo.
03/11/2020 12:00 AM EDT
A federal jury sitting in Houston, Texas, found a pharmacist guilty Tuesday of charges related to health care fraud, wire fraud and money
laundering.
03/11/2020 12:00 AM EDT
Matthew Harrell has been sentenced for his role in organizing and managing a health care fraud scheme that stole millions in Medicaid funds
in Georgia, Louisiana, and Florida
 |
|
First Round of Refunds Totaling $153 Million Sent to Consumers As a Result of Multi-Agency Case Against Western Union
Approximately $153 million is being mailed to 109,000 consumers in the first distribution of refunds resulting from the law
enforcement actions brought against Western Union by the Federal Trade Commission (FTC), the U.S. Department of
Justice (DOJ), and the U.S. Postal Inspection Service. The affected consumers are receiving compensation for 100 percent of their
losses.
The
FTC’s complaint against Western Union alleged that for many years, Western Union was aware that fraudsters around the world used the
company’s money transfer system to bilk consumers, and that some Western Union agents were complicit in the frauds. The FTC’s
complaint alleged that Western Union failed to put in place effective anti-fraud policies and procedures and to act promptly against
problem agents.
“Western Union turned a blind eye to the fraudulent payments made through its money transfer system,” said Andrew Smith, Director
of the FTC’s Bureau of Consumer Protection. “We’re glad to be returning money to those consumers who were ripped off by fraudsters
exploiting the Western Union system, and we will not tolerate Western Union or other payment companies facilitating fraud.”
“The $153 million distribution announced today brings some measure of justice for the elderly and other victims who were
financially harmed by the fraudulent schemes in this case,” said Assistant Attorney General Brian A. Benczkowski of the Justice
Department’s Criminal Division. “The Department remains resolute in its efforts to not only prevent fraud from occurring in the
first place, but also to find and return ill-gotten gains.”
“Money Transfer Businesses such as Western Union are particularly susceptible to misuse by scammers,” said U.S. Attorney David J.
Freed for the Middle District of Pennsylvania. “In nearly every case of this nature that we have encountered in the Middle District
of Pennsylvania, money transfer businesses are used to facilitate the crimes. Working together with MLARS and the skilled and
dedicated investigators of the Postal Inspection Service, we have achieved outstanding results – bringing fraudsters to justice and
holding businesses such as Western Union accountable. In addition to increased fraud detection and protections, an integral part of
that accountability involves Western Union making victims whole. $153 Million is a good start.”
“The losses and the number of victims in this case are staggering. This initial disbursement will provide relief to more than
100,000 individuals, who lost $153 million,” said Assistant Postal Inspector in Charge John Walker of the U.S. Postal Inspection
Service’s Philadelphia Division. “Some lost their life’s savings as a result of these scammers. Postal Inspectors continue to be out
front when it comes to investigating these con men and in protecting American citizens from them. Today, we are happy to play a
third role—returning money to those who were scammed. Delivering justice, and in this case, delivering restitution.”
The company’s settlement with the FTC required Western Union to pay $586 million in monetary relief. That money was paid to DOJ
in connection with Western Union’s joint settlement with that agency. DOJ’s Money Laundering and Asset Recovery Section is
administering the consumer refund program. This distribution is the first of multiple payments over the coming months to consumers
who lost money due to Western Union’s actions.
More information about the Western Union refund program and its compensation to victims is available on the Western Union
remission website at www.westernunionremission.com.
Further questions may be directed to the Western Union Remission Administrator by phone at 844-319-2124 or by email at info@WesternUnionRemission.com.
The FTC’s new interactive
dashboards for refund data provide a state-by-state breakdown of refunds, as well as refund programs from other FTC
cases. In
2019, FTC actions led to more than $232 million in refunds to consumers across the country.
The Federal Trade Commission works to promote competition, and protect
and educate consumers. You can learn
more about consumer topics and file a consumer
complaint online or by calling 1-877-FTC-HELP (382-4357).
Contact Information
CONTACT FOR CONSUMERS: Redress Administrator 844-319-2124
|
|
 |
|
Credit Repair Company Settles FTC Charges It Deceived Consumers By Telling Them “Piggybacking” on Others’ Credit Could Boost Scores
Defendants promise “huge” credit score increases, ease in obtaining mortgages
A Colorado-based credit repair company and its owner have agreed to settle Federal Trade Commission charges they mislead
consumers with promises to “drastically and immediately” improve credit scores and increase access to lower rates on mortgages.
In its complaint
against the operators of BoostMyScore.net (BMS), the FTC alleges that the defendants guaranteed consumers that, in exchange for
fees ranging from $325 to $4,000, they could “piggyback” on unrelated consumers’ good credit, artificially inflating their own
credit score in the process.
“Good credit isn’t for sale,” said Andrew Smith, Director of the FTC’s Bureau of Consumer Protection. “This company charged
people thousands of dollars based on hollow promises that ‘piggybacking’ on a stranger’s good credit would raise their credit score
or help them get a mortgage.”
In piggybacking, a consumer pays to be listed on another person’s well-maintained credit account, ostensibly receiving the
benefit of the good account on their own credit even though they can’t access the account. In this case, the FTC alleges, defendants
charged struggling consumers steep, illegal fees and made unsupported promises about how piggybacking would pave the way to new
credit, including mortgages and other loan products.
According to the complaint, BMS made unwarranted promises in various advertisements that consumers’ credit scores would increase
by anywhere from 100 to 120 points over two to six weeks. BMS also allegedly charged consumers upfront for the credit repair
services they offered, which is illegal under the Credit Repair Organizations Act (CROA). The complaint alleges that the defendants
violated the FTC Act, CROA, and the Telemarketing Sales Rule (TSR).
Under the terms of the proposed settlement with the FTC that will soon be filed with the court, BoostMyScore, LLC, BMS, Inc., and
William O. Airy will be prohibited from selling fake access to another consumer’s credit as an authorized user and from collecting
advance fees for credit repair services, as well as other violations of CROA. They will also be prohibited from misrepresenting a
product or service as being legal, as well as from misrepresenting the terms of a refund or return policy. The defendants also will
be banned from further violations of the TSR. The settlement also includes a monetary judgment of $6,630,678, which will be
partially suspended upon payment of $64,863 due to the defendants’ inability to pay. Should the defendants be found to have
misrepresented their financial condition, the full judgment would be immediately payable.
The Commission vote authorizing the staff to file the complaint and stipulated final order was 5-0. The FTC filed the complaint
and final order in the U.S. District Court for the District of Colorado.
NOTE: The Commission files a complaint when it has “reason to believe” that the named defendants
are violating or are about to violate the law and it appears to the Commission that a proceeding is in the public interest.
Stipulated final orders have the force of law when approved and signed by the District Court judge.
The Federal Trade Commission works to promote competition, and protect
and educate consumers. You can learn
more about consumer topics and file a consumer
complaint online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook,
follow us on Twitter,
read our blogs,
and subscribe
to press releases for the latest FTC news and resources.
Related Cases
More news from the FTC >>
|
|
FOR IMMEDIATE RELEASE
|
FRIDAY, MARCH 6, 2020 |
|
|
|
|
Arbitration Will Resolve the Issue of Product Market Definition in the Novelis-Aleris Merger
WASHINGTON – The Department of Justice this week
concluded an arbitration that will resolve a civil antitrust lawsuit challenging Novelis Inc.’s proposed acquisition of Aleris
Corporation.
The lawsuit seeks to preserve competition in the North
American market for rolled aluminum sheet for automotive applications, commonly referred to as aluminum auto body sheet. This marks
the first time the Antitrust Division has used its authority under the Administrative Dispute Resolution Act of 1996 (5 U.S.C. § 571 et
seq.) to resolve a matter.
“This first-of-its-kind arbitration has allowed us to
resolve the dispositive issue in this case efficiently, saving taxpayer and private resources, while providing critical time-certainty,”
said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “The Antitrust Division looks forward
to the arbitrator’s opinion, and will study this matter both to assess the circumstances in which arbitration may be appropriate and to
identify possibilities for further streamlining the process. We will continue to examine ways to enforce our competition laws in a
manner that maximizes the Division’s scarce enforcement resources to protect American consumers.”
On Sept. 4, 2019, the Justice Department’s Antitrust
Division filed a civil antitrust lawsuit in the U.S. District Court for the Northern District of Ohio seeking to block Novelis Inc.’s
proposed acquisition of Aleris Corporation. Prior to filing the complaint, the Antitrust Division reached an agreement with defendants to
refer the matter to binding arbitration if the parties were unable to resolve the United States’ competitive concerns with the defendants’
transaction within a certain period of time.
As described in Plaintiff United States’ Explanation of
Plan to Refer this Matter to Arbitration, filed on the district court’s docket, fact discovery proceeded under the supervision of the
district court. Following the close of fact discovery, the matter was referred to binding arbitration to resolve a single issue:
whether aluminum auto body sheet constitutes a relevant product market under the antitrust laws.
The arbitration procedure allowed for a flexible and
efficient proceeding presided over by an arbitrator with extensive expertise in antitrust law and economics. Former Federal Trade
Commission Director of the Bureau of Competition and experienced antitrust lawyer, Kevin Arquit, was selected as the arbitrator. The
hearing was held over ten days (including some partial days) in the Antitrust Division’s Anne K. Bingaman Auditorium and Lecture Hall in
the Liberty Square Building in Washington, D.C. Eleven fact witnesses and three expert witnesses testified in the proceedings.
The parties agreed to dispense with certain evidentiary requirements to allow for a more flexible and efficient hearing. The parties
also dispensed with the need for post-trial briefing and agreed that the arbitrator will render a short decision of no more than five
pages by March 13.
If the United States prevails, the United States will
then file a proposed final judgment that requires Novelis to divest certain agreed-upon assets to preserve competition in the relevant
market. If the defendants prevail, the United States will seek to voluntarily dismiss the complaint. Novelis has held
separate the agreed-upon divestiture assets pursuant to a hold separate stipulation and order entered by the district court, and
defendants are permitted to close the transaction pursuant to this order.
Novelis is a Canadian corporation headquartered in
Atlanta, Georgia. It offers flat-rolled aluminum products in three segments: automotive, beverage can, and specialty products.
In the fiscal year ending March 31, 2019, Novelis’s revenues were approximately $12.3 billion. Novelis is a wholly-owned subsidiary of
Hindalco Industries Ltd., an Indian company headquartered in Mumbai, India.
Aleris is a Delaware corporation headquartered in
Cleveland, Ohio. It offers flat-rolled aluminum products to the automotive, aerospace, and building and construction industries,
among others. In 2018, Aleris’s revenues were approximately $3.4 billion.
The year 2020 marks the
150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
###
|
|
|
|
BEA News: U.S. International Trade in Goods and Services, January 2020
The U.S. Bureau of Economic Analysis (BEA) has issued the following news release today:
The U.S. monthly international trade deficit decreased in January 2020 according to the U.S. Bureau of Economic
Analysis and the U.S. Census Bureau. The deficit decreased from $48.6 billion in December (revised) to $45.3
billion in January, as imports decreased more than exports. The previously published December deficit was $48.9
billion. The goods deficit decreased $2.6 billion in January to $67.0 billion. The services surplus increased
$0.6 billion in January to $21.7 billion.
|
|
|
|
|
NYSE |
TRADER UPDATE |
|
03/05/2020, 12:29
NYSE - BUSINESS CONTINUITY PLANS (BCP) TESTING REMINDER
As previously announced, on March 7, 2020, the NYSE Group exchanges, the FINRA/NYSE TRF and Global OTC will conduct
BCP/DR testing in the Cermak Data Center between 8:30 - 11:00 am ET. All platforms will be available and customers will
be able to connect to their DR sessions, submit orders and subscribe to market data. All symbols will be available for
firms to send messages and to receive data. For details, please click
here.
|
|
 |
TRADER UPDATE |
|
03/06/2020, 09:00
NYSE ARCA EQUITIES - TEMPORARILY WIDENS CORE OPENING AUCTION PRICE COLLARS TO 10%
On Friday, March 6, 2020, NYSE Arca Equities will temporarily widen the price collars for its Core Open Auction to 10% for all
securities per NYSE Arca Rule 7.35-E (a)(10)(A). The price collars for the Closing Auctions and Halt Re-opening Auctions remain
unchanged.
Core Open Auction price collar percentages will revert to standard levels on Monday, March 9, 2020
|
|
03/05/2020 12:00 AM EST
 |
by Cristina Miranda, Division of Consumer and Business Education, FTC
Who doesn’t want to earn easy, fast money online, and make six figures a year? That’s what an online business coaching and
investment opportunity called “My Online Business Education”, or MOBE, promised. Finding the company behind it didn’t deliver on
their claims, the FTC shut them down in 2018. Even with the company shuttered, FTC then went after Affiliates who had promoted MOBE.
Read more>
|
FTC and Commonwealth of Pennsylvania Challenge Proposed Merger of Two Major Philadelphia-area Hospital Systems
The Federal Trade Commission has authorized an action to block the proposed merger of Jefferson Health and Albert Einstein
Healthcare Network, two leading providers of inpatient general acute care hospital services and inpatient acute rehabilitation
services in both Philadelphia County and Montgomery County, Pennsylvania.
The FTC issued an administrative complaint (a public version of which will be available and linked to this news release as
soon as possible) alleging that the proposed merger would reduce competition in both Philadelphia and Montgomery counties.
According to the complaint, Jefferson and Einstein have a history of competing against each other to improve quality and
service, including by upgrading medical facilities and investing in new technologies. The proposed merger would eliminate the
robust competition between Jefferson and Einstein for inclusion in health insurance companies’ hospital networks to the
detriment of patients.
“Patients in the Philadelphia region have benefitted enormously from the competition between the Jefferson and Einstein
systems,” said Ian Conner, Director of the FTC’s Bureau of Competition. “This merger would eliminate the competitive pressure
that has driven quality improvements and lowered rates. Throughout our investigation, we have benefited from close cooperation
with our partners in the Office of the Attorney General of Pennsylvania.”
The Commission has authorized staff to seek a temporary restraining order and a preliminary injunction to prevent the
parties from consummating the merger, and to maintain the status quo pending the administrative proceeding. The FTC, jointly
with the Pennsylvania Attorney General, will file a complaint in federal district court.
Jefferson and Einstein offer a broad range of medical and surgical diagnostic and treatment services that require an
overnight hospital stay, known as inpatient general acute care, or GAC, services. Einstein’s GAC hospitals compete
significantly with Jefferson’s GAC hospitals in and around North Philadelphia and Montgomery County. The complaint alleges
that, as a result of the merger, the parties would control at least 60% of the inpatient GAC hospital services market in and
around North Philadelphia, and at least 45% of that market in and around Montgomery County.
Inpatient rehabilitation facilities, or IRFs, provide intensive multi-disciplinary rehabilitation services to patients
previously treated at GAC hospitals who are recovering from serious, acute conditions such as a stroke, traumatic brain injury
or spinal cord injury. Collectively, Jefferson and Einstein operate six of the eight IRFs in the Philadelphia area in and
around Einstein’s flagship Moss at Elkins Park facility. According to the complaint, as a result of the merger, the parties
would control at least 70% of the inpatient acute rehabilitation services market in the Philadelphia area.
The Commission vote to issue the administrative complaint and to authorize staff to seek a temporary restraining order and
preliminary injunction was 4-0-1, with Chairman Joseph J. Simons recused. The administrative trial is scheduled to begin on
Sept. 1, 2020. The federal court complaint and request for preliminary relief will be filed in the U.S. District Court for the
Eastern District of Pennsylvania.
NOTE: The Commission issues an administrative complaint when it has “reason to believe” that
the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The
issuance of the administrative complaint marks the beginning of a proceeding in which the allegations will be tried in a
formal hearing before an administrative law judge.
The Federal Trade Commission works to promote
competition, and protect and educate consumers. You can learn more about how
competition benefits consumers or file
an antitrust complaint. Like the FTC on Facebook,
follow us on Twitter,
read our blogs,
and subscribe
to press releases for the latest FTC news and resources.
Related Case
|
|
|
 |
|
Rent-to-Own Operators Settle Charges that They Restrained Competition through Reciprocal Purchase Agreements
FTC alleges that agreements by Aaron’s Inc., Buddy’s Newco, LLC, and Rent-A-Center, Inc. reduced competition, lowered
quality and selection of products
Rent-to-own operators Aaron’s
Inc., Buddy’s
Newco, LLC, and Rent-A-Center,
Inc. have agreed to settle FTC charges that they negotiated and executed reciprocal purchase agreements in
violation of federal antitrust law.
The complaints allege that from June 2015 to May 2018, Aaron’s, Buddy’s,
and Rent-A-Center each
entered into anticompetitive reciprocal agreements with each other and other competitors. These agreements swapped customer
contracts from rent-to-own, or RTO, stores in various local markets. An outcome was that one party to the agreement closed down
stores and exited a local market where the other party continued to maintain a presence. These reciprocal agreements likely led to
store closures that may not have occurred otherwise, resulting in reduced competition for quality and service in the remaining
stores, according to the complaints. In addition, many consumers travel to their designated store to make their regular payments in
person. If their store closes, these customers must travel to the next-closest location, which may significantly increase their
travel time and costs.
These agreements also explicitly required the selling party not to compete within a specified territory, typically for a period
of three years.
“These agreements affected consumers who already had few options for furnishing a home on a limited budget,” said Ian Conner,
Director of the FTC’s Bureau of Competition. “The FTC’s orders get rid of the agreements, reopen affected markets to competition,
and bar these companies from doing this again.”
The FTC’s consent agreements prohibit the three RTO companies and their franchisees from entering into any reciprocal purchase
agreement or inviting others to do so, and from enforcing the non-compete clauses still in effect from the past reciprocal purchase
agreements. The three RTO companies must also implement antitrust compliance programs, notify the Commission in the event of certain
changes in corporate governance, and grant the Commission access to company facilities as needed to ensure compliance with the
order. Finally, due to prior board-level relationships between Aaron’s and Buddy’s, these firms are barred from having any of their
representatives serve as a board member or officer of a competitor, and from allowing any competitor’s representative to serve on
their boards.
Further details about the consent agreements are set forth in the analysis
to aid public comment for this matter.
The Commission vote to issue the complaint and accept the proposed consent order for public comment was 3-2. Chairman Joseph J.
Simons and Commissioner Noah Joshua Phillips issued a joint
statement. Commissioner Rohit Chopra issued a dissenting
statement.
The FTC will publish the consent agreements package in the Federal
Register shortly. Instructions for filing comments appear in the published notice. Comments must be received 30
days after publication in the Federal Register. Once processed, comments will be posted on Regulations.gov.
NOTE: The Commission issues an administrative complaint when it has “reason to believe” that the law has been or is being
violated, and it appears to the Commission that a proceeding is in the public interest. When the Commission issues a consent order
on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil
penalty of up to $43,280.
|
|
|