U.S. health dept says doctors must offer abortion if mother’s life is at risk

by Reuters July 11, 2022

By: Reuters

By Nandita Bose and Mrinalika Roy

(Reuters) -The Biden administration said on Monday healthcare providers must offer abortion services if the life of a mother is at risk and that procedures conducted under such circumstances would be protected under federal law regardless of various state bans.

The guidance comes days after President Joe Biden signed an executive order easing access to services to terminate pregnancies after the U.S. top court’s decision last month to overturn the Roe v. Wade ruling.

The Department of Health & Human Services said on Monday physicians must provide that treatment if they believe a pregnant patient is experiencing an emergency medical condition as defined by Emergency Medical Treatment and Active Labor Act (EMTALA) and if abortion is a “stabilizing treatment”.

EMTALA requires medical facilities determine whether a person seeking treatment may be in labor or whether they face an emergency health situation and also protects providers when offering legally mandated abortion services in such situations.

The department said in a statement emergency conditions include “ectopic pregnancy, complications of pregnancy loss, or emergent hypertensive disorders, such as preeclampsia with severe features.”

The guidance does not reflect new policy, but merely reminds doctors and providers of their existing obligations under federal law, the health department said.

On Sunday, Biden said he had asked his administration to consider whether he has authority to declare an abortion-related public health emergency.

White House press secretary Karine Jean-Pierre said on Monday declaring a public health emergency would not necessarily free up resources, citing the experience of heavy federal spending for the government’s response to COVID-19 and monkey pox.

“It also doesn’t release a significant amount of legal authority,” Jean-Pierre told reporters. “And so that’s why we haven’t taken that action yet.”

Still, she added: “Everything is on the table.”

The White House has been under pressure from Biden’s own party to take action after the Supreme Court decision last month. Protecting abortion rights is a top issue for women Democrats, Reuters polling shows, and more than 70% of Americans think the issue should be left to a woman and her doctor.

In a separate letter to providers, HHS Secretary Xavier Becerra said EMTALA protects healthcare providers’ clinical judgment regardless of the restrictions in the state where they practice.

Becerra wrote a physician or other qualified medical personnel’s professional and legal duty to “provide stabilizing medical treatment…preempts any directly conflicting state law or mandate that might otherwise prohibit such treatment.”

(Reporting by Mrinalika Roy in Bengaluru and Nandita Bose in Washington; Editing by Sriraj Kalluvila and Sam Holmes)

July 11, 2022 0 comments

Non-white ICU patients get less oxygen treatment than needed -study

by Reuters July 11, 2022

By: Reuters

By Nancy Lapid

(Reuters) – A flaw in a widely used medical device that measures oxygen levels causes critically ill Asians, Blacks and Hispanics to receive less supplemental oxygen to help them breathe than white patients, according to data from a large study published on Monday.

Pulse oximeters clip onto a fingertip and pass red and infrared light through the skin to gauge oxygen levels in the blood. It has been known since the 1970s that skin pigmentation can throw off readings, but the discrepancies were not believed to affect patient care.

Among 3,069 patients treated in a Boston intensive care unit (ICU) between 2008 and 2019, people of color were given significantly less supplemental oxygen than would be considered optimal compared to white people because of inaccuracies in pulse oximeter readings related to their skin pigment, the study found.

“Nurses and doctors make the wrong decisions and end up giving less oxygen to people of color because they are fooled” by incorrect readings from pulse oximeters, said Dr. Leo Anthony Celi of Harvard Medical School and the Massachusetts Institute of Technology, who oversaw the study

For the study published in JAMA Internal Medicine, pulse oximetry readings were checked against direct measurement of blood oxygen levels, which is not practical in the average patient because it requires a painful invasive procedure.

The authors of a separate study https://jamanetwork.com/journals/jamainternalmedicine/fullarticle/2792653 involving patients with COVID-19 published recently in the same journal saw “occult hypoxemia” – an oxygen saturation level below 88% despite pulse oximeter readings of 92% to 96% – in 3.7% of blood samples from Asian patients, 3.7% of samples from Black patients, 2.8% of samples from non-Black Hispanic patients versus just 1.7% of samples from white patients. Whites accounted for only 17.2% of all patients with occult hypoxemia.

The authors concluded that racial and ethnic biases in pulse oximetry accuracy have resulted in delayed or withheld treatments among Black and Hispanic patients with COVID-19.

Pulse oximetry can also be affected by obesity, medications used in critically ill patients, and other factors, Celi said.

Imarc Group market research firm forecast the global pulse oximeter market reaching $3.25 billion by 2027, following 2021 sales of $2.14 billion.

“We think it’s very reasonable at this point to call upon purchasers and manufacturers to make changes (to the devices), Dr. Eric Ward, coauthor of an editorial https://jamanetwork.com/journals/jamainternalmedicine/fullarticle/2794204 published with the study, told Reuters.

Medtronic Plc executive Frank Chan said in an emailed statement that the company confirms accuracy of its pulse oximeters “by taking synchronized blood samples at each level of blood oxygen content and comparing the pulse ox readings with measurements made from the blood sample.”

He added that Medtronic tests its devices on a higher than required number of participants with dark skin pigmentation, “to ensure our technology will perform as intended for all patient populations.”

Pulse oximeter maker Phillips Healthcare did not respond to a request for comment.

(Reporting by Nancy Lapid; editing by Caroline Humer and Bill Berkrot)

July 11, 2022 0 comments

Department of Justice Press Releases

Postal Worker Pleads Guilty to Delay or Destruction of Mail

by DOJ Press July 11, 2022

By: DOJ Press

NEW ORLEANS, LOUISIANA – DARIUS PATIN, age 34, a resident of New Orleans, Louisiana, pleaded guilty on June 7, 2022 before U.S. District Judge Eldon E. Fallon, announced U.S. Attorney Duane A. Evans.

According to court documents, PATIN was employed by the United States Postal Service as a City Carrier and was assigned to work at Carrollton Station, New Orleans, LA 70118. On or about April 28, 2021, PATIN secreted, destroyed, detained, and delayed approximately 1,377 pieces of mail that were recovered from a dumpster in an apartment complex. PATIN also unlawfully secreted, detained, and delayed approximately nine First Class letters, eight standard letters, four standard flats, and two periodicals in his personal vehicle.

PATIN pleaded guilty to an indictment charging him with delay or destruction of mail. He faces a maximum penalty of up to five (5) years imprisonment, up to a $250,000 fine, up to three (3) years of supervised release, and a $100 mandatory special assessment fee. Sentencing is scheduled for September 29, 2022 at 2:00 p.m. before U.S. District Judge Eldon E. Fallon.

U.S. Attorney Evans praised the work of the U.S. Postal Service Office of Inspector General in investigating this matter. Assistant U. S. Attorney Rachal Cassagne is in charge of the prosecution.

* * *

July 11, 2022 0 comments

Department of Justice Press Releases

Atlantic City Man Admits Escape and Wire Fraud

by DOJ Press July 11, 2022

By: DOJ Press

CAMDEN, N.J. – An Atlantic City, New Jersey, man today admitted escaping from federal custody and engaging in a scheme to defraud women over telephone dating services, U.S. Attorney Philip R. Sellinger announced.

Patrick Giblin, 57, pleaded guilty before U.S. District Judge Robert B. Kugler in Camden federal court to an information charging him with one count of escape from the custody of the Attorney General and one count of wire fraud.

According to documents filed in this case and statements made in court:

On July 23, 2020, Giblin escaped from the custody of the Attorney General while traveling from a federal prison in Lewisburg, Pennsylvania, to a residential living facility in Newark, where he had been directed to serve the remainder of a federal prison sentence. At the time, Giblin was serving a sentence imposed in 2017 for traveling interstate and using an interstate facility to promote unlawful activity in connection with a scheme to defraud multiple women. Giblin’s 2017 sentence followed an earlier sentence of 115 months in prison for a 2007 wire fraud conviction for a similar fraud scheme. Members of the U.S. Marshals Service located and arrested Giblin in Atlantic City on March 10, 2021.

From April 2019 through March 2021 – including during the time period when he was a fugitive – Giblin posted advertisements and messages on telephone dating services. Giblin cultivated a rapport with the women he spoke to on these services, falsely claimed that he would be relocating to the woman’s geographic area, and falsely represented that he wished to pursue a committed, romantic relationship with each woman. Giblin received money from the women he spoke to on the dating services via interstate wire services such as Western Union and MoneyGram.

The charge of escape carries a maximum penalty of five years in prison and a maximum fine of $250,000, or twice the gross gain or loss from the offense, whichever is greatest. The charge of wire fraud carries a maximum penalty of 20 years in prison and a maximum fine of $250,000, or twice the gross gain or loss from the offense, whichever is greatest. Sentencing is scheduled for Nov. 16, 2022.

U.S. Attorney Sellinger credited members of the U.S. Marshals Service, District of New Jersey, under the direction of U.S. Marshal Juan Matos Jr., and special agents of the FBI, Atlantic City Resident Agency, under the direction of Special Agent in Charge Jesse Levine in Newark, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Daniel A. Friedman of the U.S. Attorney’s Office’s Criminal Division in Camden.

July 11, 2022 0 comments

Department of Justice Press Releases

U.S. Attorney Announces Extradition Of Brazilian Citizen From Paraguay For Participation In Money Laundering And Unlicensed Money Transmitting Schemes

by DOJ Press July 11, 2022

By: DOJ Press

Damian Williams, the United States Attorney for the Southern District of New York, announced that KASSEM HIJAZI, a citizen of Brazil, was extradited to the United States from Paraguay on July 8, 2022. HIJAZI was extradited on charges of money laundering and operation of an unlicensed money transmitting business, for his involvement in a cross-border money laundering operation.

U.S. Attorney Damian Williams said: “As alleged, Kassem Hijazi agreed to launder the proceeds of narcotics trafficking, and for years operated an illegal money transmitting business, the proceeds of which were further laundered into and out of the United States. Thanks to the continued efforts and coordination with our law enforcement counterparts in Paraguay, Hijazi, a Brazilian national, has now been extradited to the U.S. to face the consequences of his crimes.”

HIJAZI was arrested on August 24, 2021, in Paraguay. He was presented and arraigned today before U.S. Magistrate Judge James L. Cott. The case is assigned to U.S. District Judge Gregory H. Woods.

According to the allegations contained in the Indictment[1]:

Between 2018 and October 2020, KASSEM HIJAZI orchestrated a money laundering operation and operated an unlicensed money transmission business. Specifically, in December 2019 and between October and December 2020, HIJAZI laundered funds that he believed were proceeds derived from narcotics trafficking. Between 2018 and 2020, HIJAZI operated an unlicensed money transmission business that included sending funds from overseas into and out of the United States, including into the Southern District of New York. HIJAZI, using his illegal money transmission business, further laundered funds related to that business into and out of the United States in support of his crimes.

* * *

HIJAZI, 49, is charged with two counts of money laundering, each of which carry a maximum penalty of 20 years in prison; two counts of international money laundering, each of which carry a maximum penalty of 20 years in prison; and operation of an unlicensed money transmitting business, which carries a maximum penalty of five years in prison.

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

U.S. Attorney Williams praised the outstanding investigative work of the Drug Enforcement Administration and Homeland Security Investigations. He also thanked law enforcement partners in Paraguay, particularly the Public Ministry’s Attorney General’s Office and the National Anti-Drug Secretariat. Finally, he thanked the U.S. Department of Justice’s Office of International Affairs, for their support and assistance in the defendant’s extradition.

This case is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant United States Attorney Sarah Mortazavi is in charge of the prosecution.

[1] The charges in the Indictment and the descriptions of the Indictment set forth herein constitute only allegations and every fact described should be treated as an allegation.

July 11, 2022 0 comments

Department of Justice Press Releases

Three Former Hawaii Correctional Officers Convicted of Civil Rights Violations for Assaulting an Inmate and Attempting to Cover it Up

by DOJ Press July 11, 2022

By: DOJ Press

WASHINGTON – On July 8, after a three-week trial, a federal jury convicted three former correctional officers at the Hawaii Community Correctional Center — Jason Tagaloa, 31, Craig Pinkney, 38, and Jonathan Taum, 50 — for assaulting an inmate in violation of his civil rights and for obstructing justice in attempting to cover up the violation. A fourth officer, Jordan DeMattos, previously pleaded guilty for his role in the assault and cover up, and testified for the government at trial. After the jury’s verdict, Judge Leslie Kobayashi ordered the U.S. Marshals to take the defendants into custody pending their sentencing hearings.

The evidence at trial established that the defendants assaulted the inmate in the prison’s recreation yard. Over the course of two minutes, the defendants punched and kicked the inmate in the head and body while he was lying face-down in a pool of his own blood. The inmate suffered a broken nose, jaw and eye socket. After the beating, the defendants wrote false reports in which they omitted almost all of the force they had used. When the prison opened an investigation, the defendants met to get their stories straight and brainstorm false excuses they would give for having used force. Ultimately, the Hawaii Department of Public Safety fired all four officers.

“These defendants abused the trust given to them as law enforcement officers when they violently assaulted an inmate and lied to cover it up,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will prosecute corrections officials who violently assault inmates inside our jails and prisons, and abuse their official positions to cover-up their crimes. We are committed to using our civil rights laws to ensure that the rights of all individuals, including those in custody, are fully protected.”

“This prosecution and verdict affirm our office’s commitment to ensuring every person’s civil rights are protected under the law,” said U.S. Attorney Clare E. Connors for the District of Hawaii. “We will continue to enforce those rights the Constitution and other federal laws provide.”

“The FBI will always investigate when a person’s civil rights are violated,” said Special Agent in Charge Steven Merrill of the FBI Honolulu Field Office. “As correctional officers, they were held to upholding the standards of law enforcement officers within the state prisons and they did not do so in this case. The FBI will vigorously pursue justice for those whose civil rights were violated.”

The maximum penalties for the charged crimes are 10 years of imprisonment for the deprivation-of-rights offense, 20 years of imprisonment for the false report offenses and five years of imprisonment for the conspiracy offense.

The FBI conducted the investigation. The case was prosecuted by Assistant U.S. Attorney Craig Nolan of the District of Hawaii, and Special Litigation Counsel Christopher J. Perras and Trial Attorney Thomas Johnson of the Justice Department’s Civil Rights Division.

July 11, 2022 0 comments

Department of Justice Press Releases

Cottonwood County Farmer Charged with $46 Million Organic Grain Fraud Scheme

by DOJ Press July 11, 2022

By: DOJ Press

MINNEAPOLIS – A Jeffers, Minnesota, man has been indicted for defrauding grain purchasers by selling non-GMO grains falsely labeled as organic, announced U.S. Attorney Andrew M. Luger.

According to court documents, between 2014 and 2020, James Clayton Wolf, 64, a certified organic farmer, engaged in a scheme to defraud grain purchasers by selling them non-GMO grains falsely represented as organic. Wolf, who did not hold a legally required grain buyer’s license, repeatedly purchased non-organic corn and soybeans from a grain seller and resold the grain as organic product. As part of his scheme, Wolf also grew conventionally farmed crops using chemical fertilizers and pesticides, in violation of organic farming standards. Wolf provided grain purchasers with copies of his National Organics Program certification but withheld the material fact that the grains were not organically farmed. As a result of his fraud scheme, Wolf received more than $46,000,000 in payments from grain buyers.

Wolf is charged with three counts of wire fraud. He will make his initial appearance in U.S. District Court before Magistrate Judge David T. Schultz on July 22, 2022.

This case is the result of an investigation conducted by the U.S. Department of Agriculture Office of the Inspector General (USDA-OIG) and the FBI.

Assistant U.S. Attorney Robert M. Lewis is prosecuting the case.

An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

July 11, 2022 0 comments

Department of Justice Press Releases

Former Postal Service Mail Carrier Pleads Guilty to Federal Charges for Stealing Mail and Fraudulently Obtaining COVID-19 Jobless Benefits

by DOJ Press July 11, 2022

By: DOJ Press

LOS ANGELES – A former United States Postal Service (USPS) mail carrier pleaded guilty today to federal criminal charges for scheming to steal more than $250,000 in unemployment insurance (UI) funds by making false claims of COVID-related job losses and for stealing UI debit cards intended for other people on his mail route.

Stephen Glover, 32, of Palmdale, pleaded guilty to a two-count information charging him with mail fraud and theft of mail matter by an officer or employee.

According to his plea agreement, from August 2020 to June 2021, while he was employed at the United States Post Office in Valencia, Glover schemed to defraud the California Employment Development Department (EDD) out of hundreds of thousands of dollars in COVID-19 pandemic-related unemployment benefits. Glover’s co-schemers applied for unemployment benefits from EDD using false statements and sometimes using stolen identities. Based upon the fraudulent claims, EDD mailed out debit cards to addresses listed on the applications.

The fraudulent UI claims were federally funded through programs authorized by Congress in response to the pandemic, including the Pandemic Unemployment Assistance (PUA) and Lost Wage Assistance (LWAP) programs.

Glover admitted to abusing his position as a USPS mail carrier by providing co-schemers addresses on his mail route, which his co-schemers then used as mailing addresses on the fraudulent EDD applications. After EDD mailed debit cards to those addresses, Glover intercepted and stole that mail.

Glover further admitted to stealing legitimate EDD debit cards intended for recipients on his mail route. Glover used the EDD debit cards in other people’s names to withdraw thousands of dollars in cash from ATMs. He also activated the debit cards in other people’s names by calling EDD and using PINs he had discovered from stolen EDD mail. During a search of his girlfriend’s residence in June 2021, law enforcement found 37 pieces of mail from EDD address to 15 different individuals.

The total intended loss related to Glover’s mail fraud scheme is $270,698.

Glover also admitted to stealing more than 10 personal and business checks payable to others and unrelated to the COVID-19 pandemic, which totaled to approximately $23,266. In relation to these checks, Glover admitted to stealing approximately 40 pieces of mail.

United States District Judge Percy Anderson scheduled a September 19 sentencing hearing, at which time Glover will face a statutory maximum sentence of 20 years in federal prison on the mail fraud count and five years in federal prison on the mail theft count.

In a related case, Travis McKenzie, 26, of Valencia, a co-schemer who lived on Glover’s mail route, is scheduled to plead guilty on July 13 to a three-count information charging him with mail fraud, mail theft, and identity theft.

McKenzie admitted in his plea agreement that law enforcement found more than 150 pieces of mail from EDD addressed to more than 50 different names, as well as mail from the Virginia Employment Commission, at his residence. McKenzie further admitted to using cash withdrawn from ATMs using EDD debit cards to purchase items from luxury retailers including Louis Vuitton and Prada handbags from luxury retailers Nieman Marcus and Saks Fifth Avenue.

The intended loss applicable to McKenzie’s participation in the mail fraud scheme is approximately $577,522. McKenzie further admitted to possessing 317 pieces of stolen mail.

Upon entering his guilty plea, McKenzie will face a statutory maximum sentence of 40 years in federal prison.

The United States Department of Labor Office of Inspector General, the United States Postal Service Office of Inspector General, the California Employment Development Department Investigations, and the Los Angeles County Sheriff’s Department investigated this matter.

Assistant United States Attorney Charles E. Pell of the Santa Ana Branch Office is prosecuting these cases.

Anyone with information about allegations of fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at (866) 720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

July 11, 2022 0 comments

Department of Justice Press Releases

Illinois Man Pleads Guilty in Federal Court to Gun and Drug Charges

by DOJ Press July 11, 2022

By: DOJ Press

A man who conspired to distribute methamphetamine while possessing a firearm pled guilty July 8, 2022, in federal court in Sioux City.

Shawn Gaston, 32, from Peru, Illinois, was convicted of conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine, possession of a firearm by a prohibited person, and possession of a firearm in furtherance of a drug trafficking crime.

At the plea hearing, Gaston admitted from February 2020 through October 2021, he and others distributed methamphetamine across Northern Iowa and elsewhere. In October 2021, law enforcement in Clay County, Iowa attempted to effectuate a traffic stop on a vehicle Gaston was operating. Gaston led law enforcement on a lengthy high-speed pursuit with Gaston’s vehicle ultimately crashing into a creek in Dickinson County, Iowa. Gaston exited the vehicle after the crash and disposed of a firearm and methamphetamine about 20 yards from the vehicle before being apprehended. Gaston was previously convicted of at least four felony convictions, including possession of stolen property and possession of drugs. These convictions prohibit Gaston from possessing any firearm.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Gaston remains in custody of the United States Marshal pending sentencing. Gaston faces a mandatory minimum sentence of 15 years’ with 10 years’ imprisonment on the drug convictions plus a consecutive term of 5 years’ imprisonment on the gun conviction and a possible maximum sentence of life imprisonment, a $20,500,000 fine, and life of supervised release following any imprisonment.

This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The case was investigated by the Clay County Sheriff’s Office, Iowa Great Lakes Drug Task Force, Iowa Division of Narcotics Enforcement, Spencer Police Department, H.E.A.T., Minnesota River Valley Drug Task Force, Minnesota BCA, Worthington Police Department, Wisconsin DCI, Sauk County Wisconsin Sheriff’s Office, Iowa-Grant Wisconsin Drug Task Force, Crawford County Wisconsin Sheriff’s Office, Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Iowa DCI Laboratory. The case is being prosecuted by Assistant United States Attorney Patrick T. Greenwood

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.

The case file number is 21-4094. Follow us on Twitter @USAO_NDIA.

July 11, 2022 0 comments

Department of Justice Press Releases

U.S. Attorney Matthew Graves Welcomes 600 Youths to 12th Annual “Breaking the Silence on Youth Violence” Summit

by DOJ Press July 11, 2022

By: DOJ Press

WASHINGTON – U.S. Attorney Matthew Graves, the U.S. Attorney’s Office for the District of Columbia, and numerous local and federal law enforcement agencies and community-based organizations welcomed more than 600 youths at the 12^th Annual “Breaking the Silence on Youth Violence Youth Summit,” held on July 8 at Catholic University and streamed virtually.

The event focused on a variety of subjects, including gun violence prevention, human trafficking, teen dating violence, opioid awareness, and mental health, The summit also featured a speed networking session for youth to connect with mentors in various professions. The summit was comprised of dynamic speakers, entertainment, and information and resources.

Since the U.S. Attorney’s Office hosted its first Youth Summit in 2011, thousands have participated in the activities. The event is a part of the Department of Justice’s Project Safe Neighborhood Program, a nationwide effort to reduce violent crime.

This year’s partners included Black and Missing Foundation Incorporated, D.C. Prevention Centers, East River Family Strengthening Collaborative, the Court Services and Offender Supervision Agency (CSOSA), the D.C. Department of Employment Services Summer Youth Employment Program, the Marion Barry Youth Leadership Institute, the Metropolitan Police Department, the D.C. Department of Parks and Recreation, the D.C. Department of Behavioral Health, Phil More Fit Fitness, Drug Free World, the D.C. Office of the Attorney General, The T.R.I.G.G.E.R Project, The TraRon Center, the U.S. Office of the Surgeon General, the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the FBI.

The U.S. Attorney’s Office thanks all of those who participated and looks forward to many future events on behalf of youths in the District of Columbia.

July 11, 2022 0 comments

Department of Justice Press Releases

Kingsley Man Sentenced for Illegal Possession of Firearms

by DOJ Press July 11, 2022

By: DOJ Press

A man who illegally possessed firearms was sentenced on July 7, 2022, in federal court in Sioux City.

Levi Dimmitt, 35, from Kingsley, Iowa, pled guilty on December 2, 2021, to being a prohibited person in possession of multiple firearms.

Evidence at the plea and sentencing hearings showed that Dimmitt was a user of marijuana and methamphetamine, as well as a distributor, while possessing the guns. As a user of controlled substances, Dimmitt was prohibited from possessing guns. Law enforcement executed a search warrant on April 24, 2021, at a residence of Dimmitt’s in Sibley, Iowa. Inside, law enforcement located drug paraphernalia, marijuana, methamphetamine, and guns at various locations throughout the home and garage. Upon being arrested for the federal charges, Dimmitt ran a short distance from law enforcement before being apprehended.

Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Dimmitt was sentenced to 27 months’ imprisonment and must serve a 2-year term of supervised release following imprisonment. There is no parole in the federal system. Dimmitt remains in custody of the United States Marshal until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by the Sibley Police Department, Osceola County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.

The case file number is 21-4062. Follow us on Twitter @USAO_NDIA.

July 11, 2022 0 comments

Department of Justice Press Releases

Sells Man Sentenced to 25 Months for Assault with a Dangerous Weapon

by DOJ Press July 11, 2022

By: DOJ Press

TUCSON, Ariz. – On Thursday, Kyle Devan Cachora, 28, of Sells, Arizona, was sentenced by United States District Judge Jennifer G. Zipps to 25 months in prison, followed by three years of supervised release. Cachora previously pleaded guilty to Assault With a Dangerous Weapon.

On July 2, 2020, Cachora, an enrolled member of the Tohono O’odham Nation, stabbed a Tohono O’odham woman. The offense occurred on the Tohono O’odham Nation in San Xavier, Arizona.

The FBI and Tohono O’odham Nation Police Department conducted the investigation in this case. Assistant U.S. Attorney Frances M. Kreamer Hope, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER: CR-21-00956-TUC-JGZ
RELEASE NUMBER: 2022-113_Cachora

July 11, 2022 0 comments

Department of Justice Press Releases

Wilson Man Sentenced to 10 Years for Federal Firearms Charges

by DOJ Press July 11, 2022

By: DOJ Press

RALEIGH, N.C. – A Wilson man was sentenced today to 120 months in prison for possession of a firearm as a convicted felon and possessing a firearm in furtherance of a drug trafficking crime. On April 7, 2022, Cody Allen Driver, 32, pled guilty to the charges.

According to court documents and other information presented in court, on January 14, 2021, officers with the Wilson Police Department received information that Driver was in possession of two firearms and methamphetamine at his residence in Wilson, North Carolina. Officers traveled to Driver’s residence and observed Driver outside his residence with a firearm in a holster on his waist. Officers took Driver into custody and secured the .22 caliber pistol from his waist. Officers then conducted a search of Driver’s residence and recovered a sawed-off 12-gauge shotgun, assorted ammunition, a quantity of crystal methamphetamine, and digital scales. At the time, Driver was prohibited from possessing firearms for being a convicted felon.

Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Wilson Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated the case and Assistant U.S. Attorney Aakash Singh prosecuted the case.

Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:21-CR-167-D.

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July 11, 2022 0 comments

Department of Justice Press Releases

Florissant woman admits $828,000 pandemic loan and grant fraud

by DOJ Press July 11, 2022

By: DOJ Press

ST. LOUIS – A woman from Florissant pleaded guilty to federal charges Monday and admitted submitting fraudulent applications that triggered $828,813 in loans and grants that were supposed to go to businesses struggling with the coronavirus pandemic.

Dionneshae Forland, 51, pleaded guilty to bank fraud, theft of government property and four counts of wire fraud and admitted a scheme to fraudulently obtain money from the Paycheck Protection Program and the Missouri Small Business Grant Program.

From January 2021 through May 2021, Forland lied on PPP loan applications about the number of employees and monthly payroll expenses of the companies that she claimed needed help. She also submitted fraudulent tax forms, bank statements, payroll records and employee lists to back up the scheme.

She obtained four loans totaling $592,235 for herself. She did not spend the money for PPP-approved purposes, instead spending it on her personal expenses, her plea agreement says. She also fraudulently obtained a $150,000 loan for a company linked to her son, Dwayne Times, and two loans totaling $36,600 on behalf of two people referred to her by Times.

Forland also submitted four fraudulent grant applications to the Missouri Small Business Grant Program in July 2020, but no grants were disbursed. She was successful in fraudulently obtaining a grant for one company by falsely claiming it had been in operation since February 2017 and by submitting false documents and information about the number of employees and the payroll, her plea agreement says. A grant of $49,988 was disbursed into a bank account controlled by Times. Times took out $8,000 in cash before the money was “clawed back” due to officials’ fraud suspicions.

As part of her plea, Forland agreed to forfeit any profits from her scheme. Nearly $600,000 has been seized from various accounts linked to Forland or Times.

Times, 31, pleaded guilty June 9 to one count each of wire fraud and theft of government property. He is scheduled to be sentenced Oct. 11.

The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jonathan Clow is prosecuting the case.

July 11, 2022 0 comments

Department of Justice Press Releases

Hunterdon County Man Sentenced to 33 Months in Prison for Producing Phony Massage Therapy Training Certificates for Prostitution Businesses

by DOJ Press July 11, 2022

By: DOJ Press

TRENTON, N.J. – A Hunterdon County, New Jersey, man was sentenced today to 33 months in prison for producing and selling fraudulent massage therapy training certificates for use in various New Jersey massage parlors that engaged in prostitution, U.S. Attorney Philip R. Sellinger announced.

Naresh Rane, 68, of Tewksbury, New Jersey, previously pleaded guilty before U.S. District Judge Anne E. Thompson to Count 1 of an indictment charging him with knowingly and intentionally using and causing the use of facilities in interstate commerce to promote, manage, establish, carry on, and facilitate the business of prostitution in violation of New Jersey law. U.S. District Judge Zahid N. Quraishi imposed the sentence today in Trenton federal court.

According to documents filed in this case and statements made in court:

Rane owned and operated Axiom Healthcare Academy, which purported to provide classes in massage therapy training. Rane held himself out as a businessman who, for a fee that ranged from $1,000 to $2,600, could provide massage therapy training certificates to anyone who wished to obtain a massage license without the required training. Rane was also willing to provide phony transcripts listing classes and grades.

Between November 2013 and March 2014, Rane provided 10 fraudulent massage therapy training certificates and transcripts to a former Westwood, New Jersey, councilman who then gave them to prostitutes working in different massage parlors located in Union, Passaic, Hudson and Middlesex counties. Rane admitted today that he knew the documents he was producing and selling were used to disguise prostitution activities as legitimate massage services.

In addition to the prison term, Judge Quraishi sentenced Rane to three years of supervised release.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge Jesse Levine in Newark, with the investigation leading to today’s sentencing.

The government is represented by Senior Litigation Counsel Mark J. McCarren of the U.S. Attorney’s Office Special Prosecutions Division in Newark.

July 11, 2022 0 comments

Department of Justice Press Releases

Career Offender Sentenced to Four Years in Prison for Distributing Cocaine

by DOJ Press July 11, 2022

By: DOJ Press

BOSTON – A Cambridge man was sentenced on July 8, 2022 in federal court in Boston for cocaine distribution.

Dante Starks, a/k/a “Tay,” 40, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to four years in prison and three years of supervised release. In March 2021, Starks pleaded guilty to one count of distribution of cocaine.

This case was a part of Operation Landshark, a federal investigation targeting impact players and repeat offenders in Brockton and Boston, each who have prior convictions for acts of violence, firearm offenses and/or drug trafficking.

The investigation identified Starks a career offender and target impact player due to his multiple felony convictions of controlled substance offenses. In July 2018, Starks sold approximately 14 grams of cocaine to a cooperating witness in a Brockton parking lot. At the time of the offense, Starks was on probation for a 2015 conviction out of Suffolk Superior Court for multiple drug distribution offenses, for which he served one year in prison.

Previously, in 2012, Starks was convicted in Plymouth Superior Court of drug distribution offenses, assault and battery of a police officer and resisting arrest, for which he served three years in prison. In 2011, Starks was convicted in Dorchester District Court of drug distribution offenses for which he served 30 months in prison. In 2004, Starks was charged and fined for drug distribution offenses.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy J. Cruz; Suffolk County District Attorney Kevin Hayden; Boston Police Commissioner Gregory Long; and Brockton Police Chief Brenda Perez made the announcement today. Valuable assistance was provided by the Suffolk County Sheriff’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth and Essex County Sheriff’s Offices; Massachusetts Department of Corrections; U.S. Parole Commission; U.S. Postal Inspection Services; and the U.S. Secret Service. Assistant U.S. Attorney Timothy E. Moran, Chief of Rollins’ Organized Crime & Gang Unit, prosecuted the case.

Operation Landshark was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

July 11, 2022 0 comments

Department of Justice Press Releases

Charleston Man Sentenced to Prison for Role in Multi-State Drug Ring

by DOJ Press July 11, 2022

By: DOJ Press

CHARLESTON, W.Va. – Ricky Lee Taylor, also known as “RT,” 58, of Charleston, was sentenced today to two years in prison, to be followed by one year of supervised release, for his role in a drug trafficking organization (DTO) that distributed large amounts of methamphetamine, fentanyl and other illegal drugs in the Huntington area.

According to court documents and statements made in court, Taylor admitted that he arranged a transaction involving cocaine base, also known as “crack,” during a telephone call with an individual in Huntington on May 11, 2021. After the transaction was arranged, Taylor traveled from Charleston to Huntington, met with the individual, and received the drugs. Taylor was subsequently stopped by law enforcement officers on Interstate 64 while returning to Charleston. Officers seized the crack, which Taylor admitted he intended to distribute, and a loaded .40 caliber pistol that Taylor also possessed during the traffic stop.

Taylor previously pleaded guilty to using a telephone to facilitate a felony controlled substance offense. The case is the result of a long-term investigation that disrupted the DTO and its distribution of fentanyl, methamphetamine, oxycodone, heroin, cocaine and crack. All 18 defendants have pleaded guilty

United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI) and the Southern West Virginia TOC-West Task Force. The Southern West Virginia TOC-West Task Force consists of officers with the Cabell County Sheriff’s Department, the Hurricane Police Department, and the Marshall University Police Department, with support from the West Virginia State Police, the Drug Enforcement Administration (DEA) and the Violent Crime and Drug Task Force West. The Ohio Highway Patrol, the Kentucky State Police, and the FBI and DEA in Columbus, Ohio also assisted in the investigation.

United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorneys Joseph F. Adams and Courtney L. Cremeans prosecuted the case.

The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-109.

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July 11, 2022 0 comments

Department of Justice Press Releases

Michigan Man Sentenced to Prison for Federal Gun Crime

by DOJ Press July 11, 2022

By: DOJ Press

HUNTINGTON, W.Va. – A Michigan man was sentenced today to three years and five months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.

According to court documents and statements made in court, on October 17, 2021, a woman at a Huntington bar called 911 to report that Terrell Jerome Greenlee, also known as Julian Johnson, 34, of Detroit, had brandished a firearm and pointed it at her. Responding law enforcement officers encountered Greenlee outside the bar and found a loaded Springfield XD 10mm handgun in his waistband. Greenlee admitted to possessing the firearm, and that it had been previously been reported as stolen.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Greenlee knew he was prohibited from possessing a firearm because he had been convicted of first-degree robbery in Cabell County Circuit Court on May 6, 2014.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Huntington Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Courtney L. Cremeans prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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July 11, 2022 0 comments

Department of Justice Press Releases

Armed Bank Robber Is Sentenced To More Than 15 Years

by DOJ Press July 11, 2022

By: DOJ Press

CHARLOTTE, N.C. – U.S. Attorney Dena J. King announced that Terie Smith, 42, of Wingate, N.C., was sentenced to 188 months in prison and five years of supervised release in prison for armed bank robbery.

Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation in North Carolina, and Chief Johnny Jennings of the Charlotte Mecklenburg Police Department, join U.S. Attorney King in making today’s announcement.

According to court documents and today’s sentencing hearing, on December 24, 2018, Smith robbed the SunTrust bank branch located at 1935 Galleria Blvd in Charlotte. Court records show that Smith entered the bank wearing an orange ski mask. At the time, three bank tellers were working. Smith was carrying a bookbag in one hand and a firearm in the other. After Smith entered the bank, he approached each teller and demanded money. The tellers handed Smith $21,742 and Smith fled the scene. Smith was arrested on January 15, 2019. At the time he committed the armed bank robbery, Smith was on supervised release for a previous federal bank robbery conviction in 2003. Smith was also previously convicted of Felony Breaking and Entering, Felony Robbery with a Dangerous Weapon, Assault on a Female, and Felony Second Degree Kidnapping. Under federal sentencing law, Smith was subject to an enhanced sentence as a Career Offender, based on his prior convictions.

Smith is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.

The FBI and CMPD investigated the case. Assistant U.S. Attorneys Cortney Randall and Matthew Warren handled the prosecution.

July 11, 2022 0 comments

Department of Justice Press Releases

Horse Doping Drug Supplier Sentenced To 11 Years In Prison

by DOJ Press July 11, 2022

By: DOJ Press

Damian Williams, the United States Attorney for the Southern District of New York, announced that defendant SETH FISHMAN, DVM, received a sentence of 11 years in prison today for his role at the helm of an approximately twenty-year scheme to manufacture, market, and sell to racehorse trainers and others in the racehorse industry “untestable” performance enhancing drugs for use in professional horseracing. FISHMAN was one of over thirty defendants charged in four separate cases in March 2020, each arising from this Office’s multi-year investigation of the abuse of racehorses through the use of performance enhancing drugs.

U.S. Attorney Damian Williams said: “The sentence today sends a strong message that those looking to profit from the sale of illegal drugs intended to corruptly dope racehorses stand to face serious consequences for their crimes. The defendant earned his livelihood in service of greed and animal abuse, and will face a steep price for his crimes.”

According to the allegations contained in the Superseding Indictment, prior charging instruments, other filings in this case, and as established by the evidence at trial:[1]

FISHMAN was charged in United States v. Navarro, 20 Cr. 160 (MKV), a case arising from an investigation of widespread schemes by racehorse trainers, veterinarians, performance enhancing drug (“PED”) distributors, and others to manufacture, distribute, and receive adulterated and misbranded PEDs and to secretly administer those PEDs to racehorses competing at all levels of professional horseracing. By evading PED prohibitions and deceiving regulators and horse racing officials, participants in these schemes sought to improve race performance and obtain prize money from racetracks throughout the United States and other countries, including in New York, New Jersey, Florida, Ohio, Kentucky, and the United Arab Emirates (“UAE”), all to the detriment and risk of the health and well-being of the racehorses. Trainers who participated in the schemes stood to profit from the success of racehorses under their control by earning a share of their horses’ winnings, and by improving their horses’ racing records, thereby yielding higher trainer fees and increasing the number of racehorses under their control. Indicted veterinarians profited from the sale and administration of these medically unnecessary, misbranded, and adulterated substances. FISHMAN, acting as the manufacturer and distributor of customized PEDs designed specifically to evade anti-doping controls, reaped millions of dollars from the sale of his drugs to trainers around the United States and across the globe.

FISHMAN specifically targeted clients in the racehorse industry, peddling dozens of unsafe and untested drugs that purported to have performance-enhancing effects on racehorses. FISHMAN created and marketed these drugs as “untestable” under typical anti-doping drug screens and extolled the virtues of these illegal drugs by describing his method of creating customized products for individual customers in order to silo product lines to reduce the likelihood that detection of doping by trainer would undermine the remainder of FISHMAN’s corrupt clientele.

In the course of nearly twenty years during which he operated his doping company, Equestology, FISHMAN took additional efforts to mislead and lie to regulatory authorities in an effort to shield his illegal activity. FISHMAN incorporated a sham business in Panama designed to appear as if his drug operation was outside the jurisdiction of U.S. authorities; he pressured employees to sign non-disclosure agreements intended to gag them if questioned by regulators; he designed labels that would provide no hint as to the provenance of the unsafe drugs shipped across the country; and he lied to state investigators regarding the nature of his business when asked directly about his role in Equestology during a Delaware state investigation in 2011, while also bragging to others that he had called in a “personal political favor” to quash that investigation.

While claiming to practice as a legitimate veterinarian, FISHMAN used his veterinary license as another form of cover for his illegal drug manufacturing business. In fact, FISHMAN sold illicit drugs, including prescription drugs, under sham prescriptions for animals that he never saw or discussed. Those drugs included intravenous and intramuscular injectables that FISHMAN sold to laypeople for injection into the horses under their purported “care,” many of which were seized at premises throughout the country at the time of the original indictments in this case, including barns located in New York. Those included “blood building” drugs (for example, “BB3” and other Epogen-mimetic substances), vasodilators (for example, “VO2Max”), and bags filled with scores of “bleeder pills,” each designed to covertly increase performance in affected horses.

FISHMAN, 51, of Florida, was convicted at trial of two counts of participation in drug adulteration and misbranding conspiracies, the first in connection with the doping operation of convicted co-defendant Jorge Navarro, and the second in connection with the operation of Equestology, which included FISHMAN’s continuation of that offense even following his release on bail after his initial arrest in October 2019.

* * *

Mr. Williams praised the outstanding investigative work of the FBI New York Office’s Eurasian Organized Crime Task Force and its support of the Bureau’s Integrity in Sports and Gaming Initiative. Mr. Williams also thanked the Food and Drug Administration and Customs and Border Protection for their assistance and expertise. This case is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant United States Attorneys Sarah Mortazavi and Anden Chow are in charge of the prosecution.

[1] As to Fishman’s co-defendants, these facts, including the entirety of the texts of the Indictments and the descriptions of the Indictments set forth herein, constitute only allegations and every fact described should be treated as an allegation.

July 11, 2022 0 comments

Top Headlines US and World News

Biden will push for greater oil output on Mideast trip -Sullivan

by Reuters July 11, 2022

By: Reuters

By Jeff Mason and Steve Holland

WASHINGTON -U.S. President Joe Biden will make the case for greater oil production from OPEC nations to bring down gasoline prices when he meets Gulf leaders in Saudi Arabia this week, White House national security adviser Jake Sullivan said on Monday.

Biden leaves Tuesday night on his first visit to the Middle East as president, with stops in Israel, the occupied West Bank and Saudi Arabia on his agenda.

The trip comes as Biden struggles at home to bring down gasoline prices that have contributed to a dip in his job approval ratings.

Sullivan said members of the Organization of the Petroleum Exporting Countries have the capacity to take “further steps” to increase oil production despite suggestions from Saudi Arabia and the United Arab Emirates that they can barely increase oil production.

“We will convey our general view…that we believe that there needs to be adequate supply in the global market to protect the global economy and to protect the American consumer at the pump,” Sullivan added.

Experts say the White House understands Saudi Arabia is unlikely to move unilaterally and that Riyadh and other Gulf nations lack significant spare capacity.

“I think that a surge in Saudi production seems unlikely. I expect some anodyne statements from Saudi Arabia about helping to balance the global oil market, meet global demand, support economic growth and stability among the import countries,” said Ben Cahill, a senior fellow at the Center for Strategic and International Studies.

The visit comes as Biden faces criticism at home from human rights groups for plans to see Saudi Crown Prince Mohammed bin Salman, the defacto leader who the U.S. intelligence community concluded was behind the 2018 murder of Washington Post journalist and political opponent Jamal Khashoggi.

In a commentary published in the Washington Post late on Saturday, Biden said his aim was to reorient and not rupture relations with a country that has been a U.S. strategic partner for 80 years.

Sullivan, briefing reporters at the White House, said Biden has not expressed regret about previously referring to Saudi Arabia as a “pariah” for the Khashoggi death.

But he said one of Biden’s objectives on the trip will be “publicly and privately advocating for universal values including progress on human rights and political reform.”

Iran is expected to be discussed on the trip in a region nervous about Tehran’s influence. Sullivan said the United States believes Iran is preparing to provide Russia with up to several hundred drones, including some that are weapons capable, for use in its war against Ukraine.

He said the United States has information that shows Iran is preparing to train Russian forces to use these drones.

(Additional reporting by Alexandra Alper and Jarrett RenshawEditing by Marguerita Choy)

July 11, 2022 0 comments

Top Headlines US and World News

Ivory-billed woodpecker granted 6-month reprieve from U.S. extinction list

by Reuters July 11, 2022

By: Reuters

By Rich McKay

(Reuters) – The ivory-billed woodpecker, a bird that few if any living bird watchers have ever seen, has been given a six-month reprieve from being placed on the U.S. government’s extinct list, even though the last confirmed sighting was nearly eight decades ago.

Last year, the U.S. Fish and Wildlife Service put the bird – the largest known U.S. woodpecker – on the list for consideration as an extinct species, bumping it from the critically endangered list.

The declaration would mean that the animal no longer has any any legal protection it had as an endangered species.

The move raised an outcry among birdwatchers who asked to the agency to hold off, saying the bird – known for its distinctive bill and 2.5-foot (76-cm) wingspan – may still live deep in the swamps and hardwood forests of the American South.

As a result, the Fish & Wildlife Service relented even though the bird has been functionally extinct for decades, Ian Fischer, an agency spokesman, said on Monday.

“There’s a lot of passion, enthusiasm for this bird,” Fischer said. “It’s nicknamed the ‘Lord God Bird’ because it’s so big. But there has been no clear evidence that it lives, unfortunately.”

Logging of old-growth forests in the U.S. South destroyed much of its habitat. Its last confirmed sighting was documented in 1944 in northeastern Louisiana, the service said.

The agency needs to see new photos or video that are clear enough to be authenticated by experts, he said. Many bird watchers confuse the animal with the pileated woodpecker, another large bird.

The ivory-billed woodpecker was added to a list of 23-species proposed for the extinct category in September 2021. The list includes a fruit bat, 11 birds, eight freshwater mussels and two types of fish, the agency said.

A 30-day comment period was reopened July 7 for bird watchers to produce clear photos or video of the ivory-billed woodpecker. A final decision will be made by the agency released in March instead of September.

“It’s a beautiful bird, and no one wants it extinct,” Fischer said. “But we need evidence.”

(Reporting by Rich McKay in Atlanta; Editing by Sandra Maler)

July 11, 2022 0 comments

Financial News

Subway can be sued over its tuna, U.S. judge rules

by Reuters July 11, 2022

By: Reuters

By Jonathan Stempel

(Reuters) -A federal judge said Subway can be sued for allegedly deceiving customers about its tuna products, including a claim it uses other fish species, chicken, pork and cattle instead of the advertised “100% tuna.”

U.S. District Judge Jon Tigar in San Francisco called it premature to accept Subway’s argument that any presence of non-tuna DNA might result from eggs in mayonnaise, or cross-contact with other ingredients that its restaurants’ employees handle.

“Although it is possible that Subway’s explanations are the correct ones, it is also possible that these allegations refer to ingredients that a reasonable consumer would not reasonably expect to find in a tuna product,” Tigar ruled on July 7.

The judge also said the plaintiff Nilima Amin, an Alameda County resident who claimed to order Subway tuna products more than 100 times from 2013 to 2019, could try to prove that the salads, sandwiches and wraps “wholly lack” tuna.

He rejected Amin’s argument that “reasonable consumers” would expect only tuna and nothing else, calling it a “fact of life” that tuna products could contain mayonnaise and bread. Tigar also dismissed another plaintiff from the case.

In a statement, Subway said it “serves 100% tuna” and was disappointed the “reckless and improper” lawsuit could continue.

“We are confident that Subway will prevail when the court has an opportunity to consider all the evidence,” it added.

Amin’s lawyers did not immediately respond to requests for comment.

Subway has more than 37,000 restaurants.

It has repeatedly defended its tuna in TV ads and on its website, and said changes were not needed. Menu revamps this month and last July included no tuna changes.

Amin’s lawsuit relied on findings from a marine biologist who tested 20 tuna samples from Subways in southern California.

Testing at UCLA’s Barber Lab found that 19 samples contained “no detectable tuna DNA sequences,” while all 20 had chicken DNA, 11 had pork DNA and 7 had cattle DNA, the complaint said.

Many people cannot eat various meats because of diet or religious concerns.

The lawsuit seeks damages for fraud and violating California consumer protection laws. Tigar dismissed an earlier version last November.

The case is Amin et al v Subway Restaurants Inc et al, U.S. District Court, Northern District of California, No. 21-00498.

(Reporting by Jonathan Stempel in New York; Editing by Bill Berkrot)

July 11, 2022 0 comments

Financial News

UK’s Javid sets out tax-cutting plan in pitch to be PM

by Reuters July 11, 2022

By: Reuters

LONDON – Sajid Javid, a contender to replace Boris Johnson as Britain’s prime minister, said on Monday he would cut a slew of taxes and hold an emergency budget to increase help for households hit by the rising cost of living if he was chosen as leader.

Javid, a former finance minister and health minister, is one of several candidates to be Conservative Party leader promising tax cuts. He said he would bring forward an income tax cut, halt a corporation tax rise, and scrap an increase in social security contibutions.

He would also cut fuel duty by 10 pence a litre and launch a new 5 billion pound package to reduce energy bills.

“It is vital that we do more to support families dealing with the spike in inflation,” Javid said in a policy document.

“These are one off costs to be announced in an Emergency Budget which … will have minimal impact on fiscal headroom in 2024/25.”

Javid quit the government last Tuesday, the first senior minister to resign over Johnson’s handling of a string of scandals, triggering the eventual implosion of the government.

In a document setting out his economic plan, Javid said he would bring forward a planned income tax cut to 19% from 20% to come in from 2023, rather than in 2024.

He also said he would ditch the National Insurance Levy – an increase to social security contributions that took effect in April and he publicly defended as health minister to boost spending on the National Health Service and social care.

He said he would hold corporation tax at 19%, rather than raise it to 25% as is currently due in April 2023, with a long term goal of reducing the tax to 15%.

He said he would control public sector wages by ensuring pay does not go up by more than recommended by independent reviews.

(Reporting by Alistair Smout, additional reporting by Kylie MacLellan; Editing by Angus MacSwan)

July 11, 2022 0 comments

Top Headlines US and World News

Ex-finance minister Sunak vows to tackle inflation in pitch to be UK PM

by Reuters July 11, 2022

By: Reuters

LONDON – Former finance minister Rishi Sunak will set out his stall to be Britain’s next prime minister on Tuesday, vowing to tackle soaring inflation before joining his Conservative Party rivals in promising tax cuts.

Sunak quit as finance minister last week, presaging the downfall of Boris Johnson who days later said he would step down amid a widespread rebellion by Conservative lawmakers.

“We need a return to traditional Conservative economic values – and that means honesty and responsibility, not fairy tales,” Sunak is expected to say at the launch of his campaign, according to his team, a jibe at rivals who have promised immediate large cuts to business or personal taxes.

Sunak, who oversaw the country’s response to the COVID-19 pandemic and provided about 400 billion pounds ($481 billion) in economic support, is one of the favourites to replace Johnson and has the largest support among Conservative lawmakers who have publicly stated a preference.

According to his team, Sunak will promise to cut taxes once inflation, which hit a 40-year high of 9.1% in May, had been brought under control.

“I have had to make some of the most difficult choices in my life when I was Chancellor, in particular how to deal with our debt and borrowing after COVID,” Sunak will say.

“My message to the party and the country is simple: I have a plan to steer our country through these headwinds. Once we have gripped inflation, I will get the tax burden down. It is a question of ‘when’, not ‘if’.”

While Sunak’s popularity with the public rose during the pandemic, it was dented with some Conservative lawmakers after he raised payroll taxes in April to fund higher health and social care spending, and announced plans to raise corporation tax sharply in 2023.

His standing was also hit after it was revealed that his wife, the Indian daughter one of the founders of IT giant Infosys, had not been paying British tax on her foreign income using “non-domiciled” status which is available to foreign nationals who do not regard Britain as their permanent home.

She later said she would start to pay British tax on her global income.

(Reporting by Michael Holden; editing by Jonathan Oatis)

July 11, 2022 0 comments

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