Arizona Gov. Doug Ducey Signs Bills Addressing Hot Button Social Issues

Laurel Duggan on March 31, 2022

Arizona Gov. Doug Ducey signed three bills Wednesday restricting abortion, child sex change surgeries and male participation in women’s sports.

Ducey signed a bill into law banning gender reassignment surgeries for minors, which makes exceptions for children born with sex disorders or other medically verifiable issues.

The legislation specifies a long list of surgeries doctors cannot perform on children, including mastectomies, breast augmentation and surgeries in which doctors reconstruct genitalia to resemble that of the opposite sex.

“This is a decision that will dramatically affect the rest of an individual’s life, including the ability of that individual to become a biological parent later in life,” Ducey explained in a letter to Arizona’s secretary of State.

In anticipation of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health, which could overturn Roe v. Wade, Ducey signed a bill banning most abortions after 15 weeks except in cases of medical emergencies. The bill mimics the Mississippi law at the center of the Dobbs case.

“The bill prohibits a physician from performing an abortion past 15 weeks gestation, except in a medical emergency,” Ducey wrote on twitter. “Many states are taking similar action to protect life. We hope that the U.S. Supreme Court will uphold a similar Mississippi law in the coming weeks.”

He also signed legislation that bars males from girls’ sports teams and protects schools from complaints and investigations for maintaining sex-segregated teams. The law applies to K-12 schools and higher education.

The Biden administration’s Department of Education is expected to finalize updates to Title IX regulations in the coming weeks which would endanger the law and similar efforts in other states by banning discrimination on the basis of gender identity, The Washington Post reported.

“Girls deserve to compete on a level playing field,” Alliance Defending Freedom senior counsel Emilie Kao said in a statement. “When the law ignores biological differences, women and girls bear the brunt of the harm.”

Ducey pointed out in his letter that transgender children can still participate in sports under the legislation, but are required to play according to their biological sex.

“This legislation is common-sense and narrowly-targeted to address these two specific issues ⁠— while ensuring that transgender individuals continue to receive the same dignity, respect and kindness as  every individual in our society,” Ducey said in the letter.

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Prices Are Still Rising Despite The Fed Saying Everything’s Under Control

Harry Wilmerding on March 31, 2022

The price of goods throughout the economy rose at its fastest level in decades despite assurances from Federal Reserve Bank Chairman Jerome Powell earlier this month that the central bank would get inflation under control.

The personal consumption expenditures price index (PCE) surged 6.4% in February on a year-over-year basis, the fastest pace since January 1982, the Commerce Department announced Thursday. The Dow Jones estimate projected core PCE, which strips out food and gas, would increase by 5.5%.

“The Federal Reserve’s preferred inflation metric is at a four-decade high,” E.J. Antoni, a research fellow at the Heritage Foundation, told the Daily Caller News Foundation.”The last time inflation was running this hot, the Fed had interest rates over 13%, as opposed to today when they are at a quarter of a percent.”

“The Fed is laughably behind the curve, as they have been for essentially a year,” Antoni added.

Thursday’s PCE comes after the Fed has repeatedly told Americans that the central bank has all the necessary means to combat the widespread surge in inflation.

“We continue to expect inflation to decline over the course of the year as supply constraints ease and demand moderates because of the waning effects of fiscal support and the removal of monetary policy accommodation,” Federal Reserve Chairman Jerome Powell said to the Senate Banking Committee on March 3.

The Fed acknowledged on March 16 that inflation has increased at a faster than anticipated rate and pledged to hike interest rates by .25% to .50% to bring down prices.

“The Committee seeks to achieve maximum employment and inflation at the rate of 2 percent over the longer run,” The Federal Open Market Committee said in a statement. “With appropriate firming in the stance of monetary policy, the Committee expects inflation to return to its 2 percent objective and the labor market to remain strong.”

Powell also highlighted that inflation has run too high and assured that the central bank would “take the necessary steps to ensure a return to price stability” in a March 21 statement.

Meanwhile, Powell dismissed long-term inflation in August 2021, saying the broad-based inflation will soon ease.

“Inflation at these levels is, of course, a cause for concern,” Powell told CNBC. “But that concern is tempered by a number of factors that suggest that these elevated readings are likely to prove temporary.”

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EXCLUSIVE: Bill To Help Small And Conservative Media Orgs Stand Up To Big Tech Gains Traction In Congress

Ailan Evans on March 31, 2022

  • Republican lawmakers are backing a bill partly designed to help small and conservative news organizations negotiate with Big Tech. 
  • The legislation, known as the Journalism and Competition Preservation Act (JCPA), gives news outlets a safe harbor from antitrust law allowing them to collectively negotiate with online platforms over how their content is distributed.
  • New provisions in the bill prevent tech platforms from discriminating against outlets based on size and viewpoint, according to several people familiar with the matter.
  • “The latest version of the bill gives a leg up to conservative outlets, small newspapers, and local broadcasters,” Kevin Bishop, spokesman for Republican South Carolina Sen. Lindsey Graham, told the Daily Caller News Foundation, adding that the new provisions intended to protect conservative media were one of the reasons Graham signed on to the bill.

Legislation designed to help media organizations negotiate with major online platforms is gaining Republican support in Congress due to provisions protecting small, local and conservative publications, the Daily Caller News Foundation has learned.

The Journalism and Competition Preservation Act (JCPA), a bill led by a bipartisan coalition of lawmakers including Democratic Minnesota Sen. Amy Klobuchar, Republican Louisiana Sen. John Kennedy, Democratic Rhode Island Rep. David Cicilline and Republican Colorado Rep. Ken Buck, seeks to help media organizations negotiate with tech platforms like Google and Facebook for compensation over the use of their content.

If enacted, the legislation would carve out an exemption in antitrust law allowing news outlets to coordinate with one another and collectively bargain with certain online platforms over how their content is distributed. Only online platforms with over 1 billion active users worldwide, such as Google and Meta, would be covered under the legislation.

New provisions which have yet to be made public would prevent online platforms as well as publishers that are part of the collective bargaining arrangement from discriminating against other media organizations, according to people familiar with the legislation not authorized to speak publicly on the matter, who shared details of the provisions exclusively with the DCNF.

The provisions have helped the bill gain steam in Congress and attracted support from both sides of the aisle, the people familiar with the matter first told the DCNF, with Republican South Carolina Sen. Lindsey Graham co-sponsoring the legislation earlier in March.

“The latest version of the bill gives a leg up to conservative outlets, small newspapers, and local broadcasters,” Kevin Bishop, spokesman for Graham, told the Daily Caller News Foundation, adding that the new provisions intended to protect conservative media were one of the reasons Graham signed on to the bill.

Specifically, the provisions prevent online platforms from discriminating against media organizations on the basis of “size” or “views expressed” in their content, so long as the organization is a party to the negotiations. The bill also prevents platforms from engaging in “retaliation” against publications, such as by suppressing their content or refusing to index their web pages.

Additionally, the legislation would prevent other, larger media organizations from discriminating against fellow publications due to size and viewpoint.

The provisions were added at the behest of Republican lawmakers behind the bill, the people familiar with the matter first told the DCNF, in order to bolster Republican support for the legislation.

The JCPA has drawn the ire of trade groups representing the tech industry including the Computer & Communications Industry Association (CCIA), which represents Google, Facebook, Twitter and Amazon, who characterized the bill as empowering large media organizations at the expense of consumers.

“[N]ews publishers and now broadcasters would receive a ‘get out of antitrust jail free’ card to collude against digital advertising services, likely ensuring that advertisers would pay higher prices,” Arthur D. Sidney, CCIA vice president of public policy, said in a letter to Klobuchar and Republican Utah Sen. Mike Lee, the top lawmakers on the Senate Judiciary Antitrust Subcommittee, before the bill’s February markup.

Republican lawmakers have also raised concerns that the bill could endanger conservative media by empowering larger news organizations to work against them.

“The JCPA would create a media cartel that would censor conservatives,” James Arnold, press secretary for Republican Arkansas Sen. Tom Cotton, told Politico in February. “Senator Cotton believes the bill is flawed and is opposed to it.”

The new provisions are specifically intended to assuage some of these concerns, the people familiar with the legislation first told the DCNF, by explicitly preventing discrimination against news outlets based on their views.

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Liberals Want Clarence Thomas To Recuse Himself. Here’s What RBG Did When Her Relatives Got Political

Laurel Duggan on March 31, 2022

  • Democratic lawmakers are urging Justice Clarence Thomas to recuse himself from certain cases because of his wife’s political activism.
  • “Justice Thomas is being held to a newly-invented standard that has no place in the law or in precedent,” Mark Paoletta, an attorney who worked on the confirmations  of Justices Clarence Thomas, Neil Gorsuch and Brett Kavanaugh, told the Daily Caller News Foundation.
  • Former Justice Ruth Bader Ginsburg did not recuse herself from cases her relatives had publicly commented on or to which her relatives were connected.

Congressional Democrats have urged Supreme Court Justice Clarence Thomas to recuse himself from certain cases due to his wife’s political activism, raising questions about the political activities of other justices’ family members including those of former Supreme Court Justice Ruth Bader Ginsburg.

Thomas’s wife, Virginia “Ginni” Thomas, reportedly sent text messages to former White House Chief of Staff Mark Meadows in the days after the 2020 election which said “do not concede” and claimed Democrats were attempting a “heist” of the presidential election, according to a March 24 report by The Washington Post.

Massachusetts Democratic Sen. Elizabeth Warren and Washington Democratic Rep. Pramila Jayapal sent a letter to the Supreme Court Monday requesting Justice Thomas recuse himself from all future cases involving Jan. 6 or efforts to overturn the 2020 election due to the text messages, according to The Washington Post, while Minnesota Democratic Rep. Ilhan Omar called for Thomas to be impeached.

“Justice Thomas is being held to a newly-invented standard that has no place in the law or in precedent,” Mark Paoletta, an attorney who worked on the confirmations of Justices Clarence Thomas, Neil Gorsuch and Brett Kavanaugh, told the Daily Caller News Foundation.

The late Justice Ruth Bader Ginsburg did not recuse herself from cases the court considered regarding parties represented by the law firm at which her husband Martin worked. Martin Ginsburg served as counsel for Fried, Frank, Harris, Shriver & Jacobson, a law firm which brought cases before the Supreme Court including Lonnell Brewer v. Board of Trustees of the University of Illinois and KSR International Co. v. Teleflex Inc.

In one case, an article written by Ginsburg’s daughter Jane was submitted to the court in a petitioner’s brief, and Ginsburg voted for the same outcome for which her daughter had argued.

“If this standard were applied to Justice Ginsburg, who had a spouse that practiced law, she would have been required to recuse herself from many cases in which her husband’s law firm appeared. But she did not,” Paoletta added.

Harmeet Dhillon, chair of the Republican National Lawyers Association, told the DCNF the attacks on Thomas created a recusal standard that could not reasonably be maintained.

“If these are the new rules, let’s require all justices to disclose all the private opinions of all their family members on all issues in the news, and see how that works out as a new recusal framework,” Dhillon said.

“The very idea is absurd, and it’s time to move on from this distraction and focus on making sure we have a Supreme Court with nine justices committed to upholding the laws of the land, and interpreting them wisely and fairly – as Justice Thomas has always done,” Dhillon told the DCNF.

In addition to ruling on cases her relatives had publicly opined on or were connected to through their legal work, Ginsburg publicly criticized then-candidate Donald Trump and later ruled against him in a related Supreme Court case.

“Ginsburg unethically attacked candidate Donald Trump in 2016, calling him a ‘faker,’ expressing concern about living in America if he were elected President and specifically criticizing him for not releasing his taxes,” Paoletta told the DCNF.

“This was perhaps the most unethical act of a Justice entering the political fray in modern times. To add insult to injury, Justice Ginsburg did not recuse herself from a case that came before the court in which President Trump was challenging a congressional subpoena to release his taxes. She voted against Trump’s position,” Paoletta added.

The Select Committee investigating the Jan. 6 Capitol riots is likely to call Ginni Thomas for an interview regarding her text messages, according to The New York Times.

“Liberals don’t like the fact that [Thomas] is black and won’t follow their agenda, so they invent flimsy controversies to discredit him for thinking for himself,” Carrie Severino, president of Judicial Crisis Network, said in a statement to the DCNF.

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PITTSBURGH, PA – A resident of Penn Hills, PA, pleaded guilty in federal court to charges of conspiracy to commit bank fraud and uttering counterfeit securities, United States Attorney Cindy K. Chung announced today.

Daquan Jones, age 27, pleaded guilty to three counts before Chief United States District Judge Mark R. Hornak.

In connection with the guilty plea, the court was advised that Jones participated in a multi-year conspiracy involving the deposit of counterfeit checks into banks in the Pittsburgh area. Jones’ involvement involved depositing counterfeit checks and withdrawing money from bank accounts that was made available as a result of the counterfeit checks. .

Sentencing in this matter has not yet been scheduled. The law provides for a total sentence of 50 years in prison, a fine of $1,500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Pending sentencing, the court ordered the defendant released on an unsecured bond.

Assistant United States Attorney Douglas C. Maloney is prosecuting this case on behalf of the government.

The United States Postal Inspectors and Department of Homeland Security/Homeland Security Investigations conducted the investigation that led to the prosecution of Daquan Jones.

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Fort Myers, Florida – United States Attorney Roger B. Handberg announces the arrest and unsealing of a criminal complaint charging Daniel Joseph Tisone (34, Naples) with wire fraud, bank fraud, and illegal monetary transactions. If convicted, he faces a maximum penalty of 30 years in prison on each of the fraud charges and up to 10 years in federal prison for the illegal monetary transaction offense.

According to the complaint, between March 2020 and April 2021, Tisone, a convicted felon, submitted false and fraudulent Economic Injury Disaster Loan (EIDL), Main Street Lending Program (MSLP), and Paycheck Protection Program (PPP) loan applications to the Small Business Administration, as well as PPP and MSLP approved lenders. The loan applications contained numerous false representations, including the criminal history, average monthly payroll, number of employees, and gross revenues of the applicant, Tisone. In support of the fraudulent EIDL, PPP, and MSLP applications, Tisone submitted false and fictitious payroll and tax documents, as well as a fake commercial lease.

Tisone’s false and fraudulent representations caused the SBA, PPP and MSLP lenders to approve and fund one MSLP, three EIDL, and five PPP loans, totaling approximately $2,523,954.17. Tisone then unlawfully used the funds to purchase more than $1 million in stocks and investment securities, as well as the purchase of a residence in the Naples, Florida area.

The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted March 2020. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.

The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. Businesses must use PPP loan proceeds for payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be forgiven if the business spends the proceeds on these expenses within a set time period and uses at least a certain percentage of the loan toward payroll expenses.

The EIDL program is designed to provide economic relief to small businesses that are currently experiencing a temporary loss of revenue. EIDL proceeds can be used to cover a wide array of working capital and normal operating expenses, such as continuation of health care benefits, rent, utilities, and fixed debt payments. If an applicant also obtains a loan under the PPP, the EIDL funds cannot be used for the same purpose as the PPP funds. 

The MSLP was designed to provide support to small and medium-sized businesses and their employees across the United States during the COVID-19 pandemic. The program was intended to help companies that were in sound financial condition prior to the onset of the pandemic maintain their operations and payroll until conditions normalized.

A criminal complaint is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

This case is being investigated by the Federal Bureau of Investigation, Special Inspector General for Pandemic Recovery (SIGPR), and IRS – Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Trent Reichling and Suzanne Nebesky.

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A Maryland man is charged with willful transmission and retention of National Defense Information (NDI) in an indictment unsealed today in the District of Maryland.

According to court documents, as an employee of the National Security Agency (NSA), Mark Robert Unkenholz, 60, of Hanover, held a Top Secret/SCI clearance and had lawful access to classified information relating to national defense that was closely held by the government (National Defense Information or NDI).

As detailed in the indictment, national security information is classified as Top Secret, Secret or Confidential. Only individuals with the appropriate security clearance could have authorized access to such classified national security information. All classified information can only be stored in an approved facility and container.

According to the 26-count indictment, on 13 occasions between Feb. 14, 2018 and June 1, 2020, Unkenholz, lawfully having possession of, access to, and control over NDI, which he had reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully transmitted that information to another person who was not entitled to receive it. The indictment alleges that the information Unkenholz transmitted was classified at the Secret and Top Secret/SCI levels and that Unkenholz transmitted the classified information using his personal email address to the other person’s private company email addresses. The person receiving the information held a Top Secret/SCI clearance from April 2016 until approximately June 2019, while employed at a company referred to in the indictment as Company 1. From July 2019 until approximately January 2021, the person worked for a company referred to in the indictment as Company 2, and was not authorized to access, or receive, classified information.

The indictment alleges that Unkenholz’s personal email address, and the company email addresses of the person receiving the information were not authorized storage locations for classified NDI. Unkenholz allegedly retained the classified NDI within his personal email address.

Unkenholz was arrested this morning and will make his initial court appearance this afternoon in Baltimore. If convicted, Unkenholz faces a maximum sentence of 10 years’ imprisonment for each of the 13 counts of willful transmission of NDI and a maximum of 10 years’ imprisonment for each of the 13 counts of willful retention of NDI. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Erek L. Barron for the District of Maryland and Special Agent in Charge Thomas J. Sobocinski of the FBI’s Baltimore Field Office made the announcement.

The FBI is investigating the case.

Assistant U.S. Attorneys Kathleen O. Gavin and P. Michael Cunningham for the District of Maryland and Trial Attorney S. Derek Shugert of the National Security Division’s Counterintelligence and Export Controls Section are prosecuting the case.

An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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Baltimore, Maryland – A federal grand jury has returned an indictment charging Mark Robert Unkenholz, age 60, of Hanover, Maryland, for willful transmission and retention of National Defense Information (NDI).  The indictment was returned on March 29, 2022 and unsealed today upon the arrest of the defendant. 

Unkenholz is expected to have initial appearance at 3:00 p.m. today in U.S. District Court in Baltimore, before Chief U.S. Magistrate Judge Beth P. Gesner.

The indictment was announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Matthew G. Olsen of the Justice Department’s Nationals Security Division; and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.

As an employee of the National Security Agency (NSA), Unkenholz held a TOP SECRET/SCI clearance and had lawful access to classified information relating to the national defense that was closely held by the government (“National Defense Information” or “NDI”).

As detailed in the indictment, national security information is classified as “TOP SECRET,” “SECRET,” or “CONFIDENTIAL.”  Only individuals with the appropriate security clearance could have authorized access to such classified national security information.  All classified information can only be stored in an approved facility and container.

According to the 26-count indictment, on thirteen occasions between February 14, 2018 and June 1, 2020, Unkenholz, lawfully having possession of, access to, and control over NDI, which he had reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully transmitted that information to another person who was not entitled to receive it.  The indictment alleges that the information Unkenholz transmitted was classified at the SECRET and TOP SECRET/SCI levels and that Unkenholz transmitted the classified information using his personal email address to the other person’s private company email addresses.  The person receiving the information held a TOP SECRET/SCI clearance from April 2016 until approximately June 2019, while employed at a company referred to in the indictment as “Company 1.”  From July 2019 until approximately January 2021, the person worked for a company referred to in the indictment as “Company 2” and was not authorized to access or receive classified information  

The indictment alleges that Unkenholz’s personal email address, and the company email addresses of the person receiving the information were not authorized storage locations for classified NDI.  Unkenholz allegedly retained the classified NDI within his personal email address.

If convicted, Unkenholz faces a maximum sentence of 10 years in federal prison for each of the 13 counts of willful transmission of NDI and for each of the 13 counts of willful retention of NDI.  Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. 

An indictment is not a finding of guilt.  An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings. 

United States Attorney Erek L. Barron and Assistant Attorney General Matthew G. Olsen commended the FBI for its work in the investigation.  Mr. Barron and Mr. Olsen thanked Assistant U.S. Attorneys Kathleen O. Gavin and P. Michael Cunningham and Trial Attorney S. Derek Shugert of the of the National Security Division’s Counterintelligence and Export Controls Section, who are prosecuting the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.

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Leonard C Boyle, United States Attorney for the District of Connecticut, today announced that LATRELL S. MOORE, 32, of Bridgeport, waived his right to be indicted and pleaded guilty yesterday before U.S. District Judge Jeffrey A. Meyer in New Haven to robbery and firearm offenses.

According to court documents and statements made in court, on August 5, 2019, Moore committed an armed robbery of the Dunkin Donuts located on Lordship Boulevard in Stratford.  On August 12, 2019, he robbed the Santander Bank located on Grand Avenue in New Haven, taking approximately $2,000.

Moore was arrested on related state charges on August 14, 2019.  At the time of his arrest he possessed a loaded .38 caliber revolver and a .25 caliber semiautomatic handgun.

Moore’s criminal history includes a state felony weapons conviction.  It  is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.

Moore pleaded guilty to one count of Hobbs Act robbery, one count of brandishing a firearm during and in relation to a robbery, one count of bank robbery, and one count of count of unlawful possession of a firearm by a felon.  At sentencing, which is scheduled for July 12, Moore faces a mandatory minimum term of imprisonment of seven years and a maximum term of imprisonment of life.

Moore has been detained since his arrest.

This matter is being investigated by the Federal Bureau of Investigation, Connecticut State Police and the Stratford, New Haven and Bridgeport Police Departments.  The case is being prosecuted by Assistant U.S. Attorney Christopher W. Schmeisser.

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NEWARK, N.J. – Newark Housing Authority (NHA)’s former director of information technology admitted using his position to embezzle NHA funds to purchase cellular telephones and other electronic devices, U.S. Attorney Philip R. Sellinger announced.

Venancio Diaz, 56, of Jersey City, New Jersey, pleaded guilty before U.S. District Judge Brian Martinotti in Newark federal court on March 30, 2022, to an information charging him with committing theft from an agency receiving federal funds.

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

From December 2013 to Aug. 10, 2021, Diaz bought, on behalf of NHA and using NHA funds, 1,509 electronic devices, primarily cellular telephones and tablets, from a telecommunications company. Diaz then caused those devices to be activated on NHA’s account on the company’s network for a short period of time – often only days or weeks. After the brief period of activation ended, Diaz posed as the owner of the devices and sold them to two different online electronics resale marketplaces. Diaz directed all the proceeds of the sales – a total of $594,425 – to his own bank accounts and kept the money for his own personal use.

The count of theft from an agency receiving federal funds carries a maximum sentence of 10 years in prison and a maximum potential fine of $250,000 or twice the gross amount of pecuniary gain that any person derived from the offense, whichever is greater.  Sentencing is scheduled for August 4, 2022.

U.S. Attorney Sellinger credited special agents of the U.S. Department of Housing and Urban Development – Office of the Inspector General, under the direction of Special Agent in Charge Christina D. Scaringi in Newark; and special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, with the investigation leading to today’s guilty plea. He also thanked the IRS-Criminal Investigations for its assistance.

The government is represented by Assistant U.S. Attorney Sara F. Merin of the Special Prosecutions Division in Newark.

Defense counsel: Joel Silberman Esq., Jersey City

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NEWARK, N.J. – A Bergen County, New Jersey, man was sentenced to 97 months in prison on March 30, 2022 for orchestrating a long-running bank and securities fraud scheme, which led to large-scale losses for financial institutions and investors, U.S. Attorney Philip R. Sellinger announced.

Seth Levine, 53, of Teaneck, New Jersey, previously pleaded guilty by videoconference before U.S. District Judge Madeline Cox Arleo to an information charging him with one count of conspiracy to commit bank fraud and one count of securities fraud. U.S. District Judge Susan D. Wigenton imposed the sentence today in Newark federal court. 

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

Levine was the founding partner, owner, and managing member of Norse Holdings, which was the parent company to more than 70 subsidiary companies. Each of the subsidiary companies owned one or more multifamily buildings, located primarily in New Jersey. From 2009 through August 2019, Levine directed a scheme to fraudulently refinance the multifamily properties by providing materially false information to financial institutions about the rents collected, the number of apartments leased, the expenses, and the true owners of the properties.  Levine and others provided lenders fake documents, including falsified leases that created the appearance that vacant spaces were occupied and that overstated the rent paid by tenants; fake personal financial statements; fake expense documents; and fake operating agreements that misrepresented ownership interests in the multifamily properties. Levine also forged signatures on some of the fraudulent documents submitted to lenders. As a result of the fraudulent refinances, Levine received cash payouts from the lenders, which Levine and others used for their own enrichment and to continue the fraud scheme. 

Many of the lenders who approved mortgages based on the false statements of Levine and others in turn sold those mortgages to the Federal Home Loan Mortgage Corporation (Freddie Mac) and the Federal National Mortgage Association (Fannie Mae). Because the refinances were obtained with fraudulent data regarding the properties’ income and expenses, the multifamily properties were overvalued and rents and other income from the properties did not cover the mortgage payments and other expenses associated with the properties. To cover the shortfalls, Levine obtained additional cash-out refinances, thereby increasing his total debt incurred. In total, Levine controlled at least 70 multifamily properties, comprising approximately 2,500 apartments. At the time the fraud was discovered, the outstanding balance of the fraudulently obtained mortgages on the multifamily properties was more than $150 million, including 40 mortgages held by Freddie Mac with an outstanding loan balance of approximately $103 million. At the time of sentencing, the bank fraud conspiracy resulted in losses to victim lenders of at least $47 million.   

While defrauding the lending financial institutions, Levine also carried out a securities fraud scheme to defraud investors in the multifamily properties. He solicited investors to invest in the multifamily properties based on materially false statements and promises about the condition of the properties and the use of investor funds. Levine represented to investors that his conduct would be limited by an operating agreement. However, after Levine acquired the multifamily properties, he violated representations made to the investors, including by selling off portions of Levine’s ownership interest in the properties without investor consent, bringing on additional investors without consent, and refinancing the multifamily properties without investor consent. Levine provided fraudulent documents to investors, such as operating agreements that overstated Levine’s personal investment in the multifamily properties and documents bearing signatures forged by Levine. He also co-mingled investor funds and used the funds in violation of representations to investors, by using investor money to support other multifamily properties, make payments to other investors, and further the fraud. At the time of sentencing, the securities fraud victims lost more than $13 million.       

In addition to the prison term, Judge Wigenton sentenced Levine to five years of supervised release.

Individuals who believe they may have information about this case may contact the FBI at 1-800-CALL-FBI (225-5324).

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, and special agents of the Federal Housing Finance Agency, Office of Inspector General, under the direction of Special Agent in Charge, Robert Manchak, with the investigation leading to the sentencing. The U.S. Securities and Exchange Commission has filed a civil complaint against Levine based on allegations underlying the securities fraud charge. 

The government is represented by Assistant U.S. Attorney Heather Suchorsky of the Economic Crimes Unit and Special Assistant U.S. Attorney Charlie L. Divine of the Federal Housing Finance Agency, Office of Inspector General.

22-120                                                               

Defense counsel: Benjamin Brafman Esq. and Jacob Kaplan Esq., New York

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Acting U.S. Attorney Michelle M. Baeppler announced that a federal jury convicted Devonte L. Fellows, 26, of Cleveland, Ohio, on Friday, March 25, 2022, of distributing fentanyl that led to the death of an individual.  The jury returned the verdict after a four-day trial before Judge Donald C. Nugent in Cleveland.

According to court documents and evidence presented at trial, detectives with the Cuyahoga Falls Police Department began an investigation into the April 26, 2019, overdose death of an individual found unresponsive.  During the investigation, law enforcement officers recovered a substance containing fentanyl from the deceased’s residence.  The Summit County Medical Examiner’s Office performed a full autopsy and determined that the cause of death was acute fentanyl toxicity.   

Court records state that investigators later determined that Defendant Devonte L. Fellows distributed a fentanyl mixture to the victim, who ingested it, overdosed and died.  During an interview with investigators, Fellows admitted to selling drugs, including fentanyl, to the deceased.

Fellows is scheduled to be sentenced on June 30, 2022.  He faces a maximum possible sentence of life in prison.

This investigation was conducted by the Cuyahoga Falls Police Department and the FBI.  This case is being prosecuted by Assistant U.S. Attorneys Peter E. Daly and Christopher J. Joyce.

 

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          LOS ANGELES – Federal authorities today announced a series of cases stemming from an illegal gambling operation that involved current and former professional athletes, some of whom assisted with the business and others who placed large bets on games.

          In documents unsealed Wednesday in United States District Court, the principals of the operation agreed to plead guilty to conspiracy charges and admitted they took in millions of dollars in bets, many of which were facilitated by a Costa Rica-based gambling website. One of the leaders of the scheme also admitted that he failed to report to the IRS nearly $1.5 million in income he received from the gambling scheme over two years.

          The owner of the online gambling business and website pleaded guilty earlier this month and admitted the business was illegal under California law because it involved at least five people, operated for at least six years, and often had gross revenue of well over $2,000 on a single day.

          Four new cases and related plea agreements were unsealed this week against:

  • Wayne Nix, 45, of Newport Coast, a former minor league baseball player, who was charged with one count of conspiring to operate an illegal sports gambling business, and one count of filing a false tax return;
  • Edon Kagasoff, 44, of Lake Forest, Nix’s longtime partner in the operation, who was charged with one count of conspiring to operate an illegal sports gambling business;
  • Howard Miller, 63, of Gardena, who was charged with one count of aiding and abetting the operation of an illegal sports gambling business by assisting in the collection and payout of gambling proceeds related to the Costa Rica-based website; and
  • Celebrity Financial LLC, dba Sherman Oaks Check Cashing, which was charged with failing to maintain an effective money laundering program related to it cashing at least $18 million in checks from the illegal sport gambling business at its San Fernando Valley check cashing store.

Representatives of Celebrity Financial appeared in court on March 28. Nix made his first court appearance Wednesday afternoon, and he is scheduled to formally enter his guilty plea on April 11. Miller has agreed to appear in court this afternoon, and Kagasoff has agreed to appear in court on Friday.

          The Justice Department also announced that earlier this month the court unsealed cases against two other defendants:

  • Kenneth Arsenian, 52, of Newport Beach, who pleaded guilty on January 26 to four charges: operating an illegal sports gambling business, filing a false tax return, money laundering, and accepting a financial instrument for unlawful internet gambling; and
  • Joseph Castelao, 56, of Rancho Palos Verdes, the owner of the gambling website – Sand Island Sports – who pleaded guilty on March 15 to operating an illegal gambling business.

          According to the court documents made public this week, Nix began operating a bookmaking business about 20 years ago. Through his contacts in the sports world, Nix developed a client list that included current and former professional athletes, and he employed three former Major League Baseball players to assist with the business.

          Kagasoff joined Nix in the gambling operation around 2014, and they used an online infrastructure and calling center operated by Sand Island Sports to create accounts for bettors, according to court documents, which note that Nix and his associates paid winning bets and retained nearly all of the money collected from bettors.

          Nix’s plea agreement outlines specific incidents related to the betting scheme, including receiving payments for gambling losses from a professional football player, a Major League Baseball coach and a baseball analyst. The plea agreement also discusses a bettor who wagered $1 million a year with Nix’s operation, a $5 million bet on the 2019 Super Bowl, and a sports broadcaster who told Nix he was going to refinance his home to pay off gambling debts.

          In relation to the tax count against him, Nix admitted receiving $1,466,947 in income that he failed to report on his 2017 and 2018 federal income tax returns. In his plea agreement, Nix agreed to pay all back taxes due for those years – a total of $1,248,429, which includes the back taxes, penalties and interest. Nix also agreed to forfeit to the government nearly $1.3 million seized in February 2020 from two bank accounts and two brokerage accounts he controlled.

          When Arsenian pleaded guilty in January, he admitted failing to report to the IRS more than $2.8 million in income for the years 2015 through 2018. Arsenian has agreed to pay $1.1 million in back taxes, plus additional penalties and interest. Arsenian also agreed to forfeit $341,459 in United States currency seized from his residence in February 2020.

          In its plea agreement, Sherman Oaks Check Cashing admitted that it encouraged customers to bring large business checks – far in excess of the $10,000 that normally triggers a Currency Transaction Report (CTR) to federal authorities – and employees of the company told customers that it would not file CTRs. As a result, many of its customers brought checks that were proceeds of unlawful activity, including two customers of the gambling operation who cashed at least $18.35 million in checks. Sherman Oaks Check Cashing admitted that it made at least $500,000 in profits by engaging in this activity. In its plea agreement, the company agreed to pay a $500,000 fine, which is the maximum penalty under the law.

          Homeland Security Investigations (HSI) and IRS Criminal Investigation are conducting the ongoing investigation in this matter. The HSI agents are part of the El Camino Real Financial Crimes Task Force.

          Assistant United States Attorneys Jeff Mitchell of the Major Frauds Section and Dan Boyle of the Asset Forfeiture Section are prosecuting these cases.

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BRUNSWICK, GA:  Three men have been sentenced to federal prison in separate but related cases in which they admitted providing forced labor for south Georgia farms.

Javier Sanchez Mendoza Jr., 24, of Jesup, Ga., was sentenced to 360 months in federal prison after pleading guilty to Conspiracy to Engage in Forced Labor; Aurelio Medina, 42, of Brunswick, was sentenced to 64 months in prison after pleading guilty to Forced Labor; and Yordon Velazquez Victoria, 45, of Brunswick, was sentenced to 15 months in prison after pleading guilty to Conspiracy, said David H. Estes, U.S. Attorney for the Southern District of Georgia. Mendoza and Medina are citizens of Mexico illegally present in the United States and are subject to deportation after completion of their prison terms.

There is no parole in the federal system.

“These men engaged in facilitating modern-day slavery,” said U.S. Attorney Estes. “Our law enforcement partners have exposed an underworld of human trafficking, and we will continue to identify and bring to justice those who would exploit others whose labors provide the fuel for their greed.”

The cases were charged as part of the Organized Crime Drug Enforcement Task Force investigation, Operation Blooming Onion, which tracked a wide-ranging conspiracy to bring farm workers from Central America into the United States under the H-2A visa program under fraudulent pretenses and to profit from their labor by underpaying the workers and keeping them in substandard conditions. The case has been designated as a Priority Transnational Organized Crime Case under the OCDETF program. 

As described in court documents and testimony, Mendoza admitted that from about August 2018 to November 2019, in Glynn, Wayne, and Pierce counties, he was a leader in a venture to obtain and provide labor and services for farms and other businesses. He did so by recruiting and unlawfully charging more than 500 Central American citizens to obtain H-2A visas – specifically granted for temporary agricultural labor – and then withholding the workers’ identification papers and threatening them and their families in their home countries to force them to work for little or no pay and in deplorable conditions.

A key victim testified during sentencing that Mendoza selected her from another work crew after her arrival in Georgia from Mexico and brought her to live with him, maintaining control through threats and intimidation and raping her repeatedly for more than a year – including deceiving her into believing she had married him. When she escaped, he kidnapped her at knifepoint from a home where she was babysitting children who were playing in their front yard. Law enforcement agencies tracked her to Mendoza’s Jesup mobile home, where after her rescue the officers found a shrine to Santa Muerte – “Saint Death” – decorated with her hair and blood in what was believed to be a prelude to her murder. Mendoza faces pending state charges for aggravated assault related to that incident.

Medina admitted that from about April to October 2020, in Glynn and Effingham counties, he charged foreign workers to obtain H-2A visas and then withheld their identification documents. Victoria, a naturalized U.S. citizen, admitted he conspired with Medina and allowed Medina to use his name to apply for the use of H-2A workers, and then transported those workers from housing to work for which Victoria was paid $600 per week.

The investigation into forced labor in agricultural communities, in south Georgia and beyond, continues through U.S.A. v. Patricio et al, in which 23 defendants are charged in the labor trafficking, visa fraud and money laundering conspiracy. The defendants are awaiting trial and are presumed innocent unless and until proven guilty. Two of those defendants are fugitives.

“These defendants are being held accountable for the horrors of human and labor trafficking that they inflicted upon their victims, in the name of profit,” said Special Agent in Charge Katrina Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “Thanks to the great work done by our agents, along with our state, local and federal partners, this case was successfully investigated and prosecuted preventing more innocent people from being victimized.”  

“Customs and Border Protection takes great pride in fostering collaboration with our partner government agencies to diligently combat human trafficking and forced labor as part of our overall duties and responsibilities in protecting and preserving our national security,” said Henry DeBlock III, Area Port Director for CBP Savannah.

“This sentencing sends a strong message: DSS pursues those who fraudulently use worker visas, like the H-2A, for personal gain, making sure that those who commit human trafficking face consequences for their criminal actions,” said Jessica Moore, chief of the criminal investigations division of the U.S. Department of State’s Diplomatic Security Service (DSS). “We are firmly committed to working to prevent situations where vulnerable individuals are exploited in human trafficking schemes such as this. DSS’ global presence and strong relationship with the U.S. Attorney’s Office and other law enforcement partners was essential in the pursuit of justice for these victims.”

“Mendoza, Medina and Victoria misused the H-2A program in order to enrich themselves at the expense of foreign workers and American employers,” said Mathew Broadhurst, Acting Special Agent-in-Charge, Atlanta Region, U.S. Department of Labor Office of Inspector General. “We will continue to work with our law enforcement partners and the U.S. Department of Labor’s Wage and Hour Division to vigorously pursue those who commit fraud involving foreign labor programs.”

“The United States abolished slavery and involuntary servitude over 156 years ago, yet these men engaged in the heinous crime of forced labor and chose to exploit their fellow human beings for profit,” said Philip Wislar, Acting Special Agent in Charge of FBI Atlanta. “The FBI is committed to working with our partners to purse justice on behalf of victims of human trafficking and prosecuting perpetrators to the fullest extent of the law.”

“This investigation is an excellent example of a partnership between federal, state and local law-enforcement agencies working together to bring down individuals involved in a human trafficking conspiracy,” said Tommy D. Coke, Inspector in Charge of the Atlanta Division. “The hard work and countless hours put forth by all has prevented so many victims from being further victimized by the defendants who have caused considerable emotional harm.”

The cases are being investigated as part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach.

Agencies investigating the cases include Homeland Security Investigations; Customs and Border Protection; U.S. Citizenship and Immigration Services, Fraud Detection and National Security; the U.S. Department of Labor Office of Inspector General, and Wage and Hour Division; U.S. Department of State’s Diplomatic Security Service; the U.S. Postal Inspection Service; and the FBI. The cases are being prosecuted for the United States by Assistant U.S. Attorney and Human Trafficking Coordinator Tania D. Groover, and Assistant U.S. Attorney and Criminal Division Deputy Chief E. Greg Gilluly Jr.

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CHARLESTON, W.Va. – A Parkersburg man pleaded guilty today to conspiracy to distribute methamphetamine and marijuana.

According to court documents and statements made in court, John Michael Wells II, 33, admitted to paying and arranging for methamphetamine and marijuana to be shipped through the mail from outside West Virginia to the Parkersburg area. The methamphetamine and marijuana would then be sold by another individual who would return to Wells to provide him with the cash proceeds from those sales.  Wells would then use this cash to order more methamphetamine and marijuana from his suppliers. 

Wells admitted to conspiring to distribute more than 500 grams of methamphetamine in the Southern District of West Virginia during a conspiracy that lasted from at least October 2021 to November 2021.  

Wells is scheduled to be sentenced on June 29, 2022, and faces a mandatory minimum sentence of 10 years and up to life in prison.

U.S. Attorney Will Thompson made the announcement, and commended the investigative work of the Federal Bureau of Investigation (FBI), the Parkersburg Police Department, and the Parkersburg Violent Crimes and Narcotics Task Force. 

United States District Judge Joseph R. Goodwin presided over the hearing.  Assistant U.S. Attorney Jeremy B. Wolfe is prosecuting the case.

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. 2:21-cr-00266.

 

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Memphis, TN- Randy Grayson, 43, has been sentenced to 120 months in federal prison for being a convicted felon in possession of a firearm. Joseph C. Murphy Jr., United States Attorney, announced the sentence today.

According to information presented in court, on January 15, 2017, Memphis Police Officers noticed a silver Infiniti G35 with expired license plates, running. As Officers approached the vehicle, they observed Grayson sitting unconscious in the driver’s seat with a black pistol on his lap.

Officers quietly surrounded the vehicle and opened the unlocked driver’s side door. They were able to wake Grayson and retrieve the weapon without incident. The pistol was a Sig .40 caliber pistol with one round in the chamber and several in the magazine. In addition, Grayson had a knife clipped to his waist and a bag of marijuana in his front pocket which contained several individual bags of marijuana, totaling 26.8 grams.

On January 9, 2020, Grayson pled guilty.

Grayson failed to attend his sentencing hearing on June 8, 2020 and remained a fugitive for approximately a year and a half.

On March 25, 2022, United States District Judge Sheryl H. Lipman sentenced Grayson to 120 months in federal prison to be followed by three years’ supervised release. There is no parole in the federal system.

This case was investigated by the Project Safe Neighborhoods (PSN) Task Force. The PSN initiative is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our communities safer for everyone. In 2017, PSN was reinvigorated as 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.

Assistant United States Attorney Wendy K. Cornejo prosecuted this case on behalf of the government.

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CHICAGO — A Southern California businessman has been sentenced to a year in federal prison for illegally brokering the sales of embargoed defense articles from the People’s Republic of China and filing a false corporate tax return.

TUQIANG XIE, also known as “Tony Xie,” 60, of Irvine, Calif., pleaded guilty in 2019 to one count of violating the Arms Export Control Act and one count of filing a false tax return.  U.S. District Judge Charles R. Norgle imposed the year-and-a-day prison sentence Wednesday after a hearing in federal court in Chicago.

The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Stuart M. Goldberg, Acting Deputy Assistant Attorney General of the Justice Department’s Tax Division; and Angie Salazar, Special Agent-in-Charge of the Chicago office of Homeland Security Investigations.  Substantial assistance was provided by the Central Field Office of the Defense Criminal Investigative Service of the U.S. Department of Defense’s Office of Inspector General.  The government was represented by Assistant U.S. Attorney Diane MacArthur of the Northern District of Illinois and Trial Attorney Matthew R. Hoffman of the Tax Division.

Xie admitted in a plea agreement that through his company, Bio-Medical Optics LLC of Irvine, Calif., he served as a broker for the shipment of defense articles on the U.S. Munitions List and the U.S. Munitions Import List.  The items on these lists are regulated components and systems used in U.S. military equipment.  Federal law requires that individuals involved in the business of manufacturing or exporting defense articles must obtain a license and register with the Directorate of Defense Trade Controls at the U.S. Department of State.  Xie never obtained a license or registered with the DDTC.  Moreover, the U.S. since 1989 has imposed an arms embargo on the PRC, restricting imports or exports of arms between the two countries.

Despite the arms embargo and the lack of a license or registration, Xie admitted in his plea agreement that in 2014 and 2015 he located a manufacturer in the PRC to produce defense articles for one of his clients.  Over time, Xie earned hundreds of thousands of dollars in commissions or fees based on his role in shipments to and from the PRC.

The tax charge pertained to Xie’s filing a false corporate tax return for Bio-Medical Optics for 2013.  Xie also admitted in the plea agreement that he filed false corporate tax returns for Bio-Medical Optics for 2009 through 2012, causing a total tax loss to the IRS of more than $100,000.

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(Reuters) – Consumer inflation in Russia in 2022 is expected to accelerate to its highest since 1999, while the economy will stage its deepest contraction since 2009 as a result of sweeping Western sanctions, a Reuters poll showed on Thursday.

Economic expectations have deteriorated drastically in the past few weeks as Russia took a hit from unprecedented Western sanctions designed to punish Moscow for what it calls “a special military operation” in Ukraine, which started on Feb. 24.

The average of 15 analysts polled in late March suggested the Bank of Russia will keep its key interest rate unchanged at 20% at the April 29 board meeting after an emergency rate hike in late February.

The central bank is expected to lower the key rate to 16% by year-end, keeping rates high to help tame soaring consumer inflation, which dents living standards.

In 2022, inflation is expected to accelerate to 23.7%, the poll showed, far above Russia’s 4% target. A similar poll in late January predicted 2022 inflation at 5.5%.

Reuters suspended its February poll on Russia’s main economic indicators due to uncertainty about the economic outlook.

The economy is on track to shrink by 7.3% this year, the poll showed, marking a shift in market expectations for 2.5% growth in the January poll.

“Russia plunged into economic and financial turmoil this month,” Capital Economics said, predicting a deeper 12% economic contraction this year.

Rouble volatility also adds to inflation risks and financial turmoil. The Russian currency hit an all-time low of 120 to the U.S. dollar in Moscow trade on March 10 before recovering to around 83.50 on Thursday.

“We expect the rouble to anchor within a range of 80-85 to the dollar in April… The geopolitical situation will remain the factor of uncertainty for the rouble exchange rate,” said Mikhail Vasilyev, chief analyst at Sovcombank.

The poll suggested the rouble will trade at 97.50 to the dollar 12 months from now.

(Reporting by Reuters; editing by Jonathan Oatis)

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PARAMUS, NJ – Chick-fil-A may soon have some competition in the chicken sandwich business in the near future as Super Chix announces a franchise development agreement for at least 23 restaurants in Northern New Jersey. The company did not release many details of its New Jersey expansion.

“The northern New Jersey area is owned by Tom and Matthew Graziano and will be developed and operated along with operating partner Oscar Gonzalez and their team. This is an incredibly strong restaurant development group, deeply experienced in business startup, restaurant operations and development in the New Jersey market. Additionally, they already have sites selected for several Super Chix restaurants,” said CEO Darryl Neider.

The company did not offer any insight into those locations.

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Wayne, NJ – The Willowbrook Mall will soon be home to one of America’s faster-growing culinary niche restaurants, the Brooklyn Dumpling Shop.

Brooklyn Dumpling Shop is a one of a kind zero-human interaction quick-service restaurant that opened its flagship location in the East Village in May 2021.

The 24-hour restaurant has a contactless ordering system and brings back the Automat of yesteryear with today’s technology. State-of-the-art temperature-controlled food lockers ONDO, powered by Panasonic offer guests an easy and safe option to pick up orders at their peak freshness. Brooklyn Dumpling Shop features 32 unique dumpling varieties including Pastrami, Bacon Cheese Burger, Lamb Gyro, French Onion Soup, Philly Cheesesteak, Impossible and Reuben and Peanut Butter & Jelly. 

As the first of many deals involving non-traditional locations, Brooklyn Dumpling Shop has partnered with veteran franchisee Tom Graziano, who brings more than 30 years experience to the table.

“After being involved in franchising for as long as I have, it’s very exciting to see the creativity and the potential of the Brooklyn Dumpling Shop concept,” Graziano said. “I’m delighted to become a franchisee and am looking forward to bringing the unique dumpling creations to Wayne and the shoppers of Willowbrook Mall.”

Since its inception in 2020, Brooklyn Dumpling Shop is on track to meet its target growth trajectory of developing 250 units within two years. After enjoying a year of growth, and celebrating the highly anticipated opening of Brooklyn Dumpling Shop’s flagship location in New York’s East Village, the brand has signed new franchise deals for more than 35 units in five states throughout the country and is actively exploring additional markets for expansion.

“I love when I meet someone who is as passionate and excited to show the customer a new way of ordering and enjoying fast-casual experiences,” said Stratis Morfogen, owner of Brooklyn Dumpling Shop. “Tom and I hit it off immediately – our vision of the Brooklyn Dumpling Shop guest experience is aligned, and I am excited to add him to our impressive and growing roster of franchisees.”

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By Lucia Mutikani

WASHINGTON – U.S. consumer spending barely rose in February as an increase in spending on services was offset by declining purchases of motor vehicles and other goods, while price pressures mounted, with annual inflation surging by the most since the early 1980s.

But the report from the Commerce Department on Thursday showed spending in January was much stronger than initially estimated. That put consumer spending on track for solid growth this quarter, which would keep the economy expanding, despite the rising headwinds from inflation that is driven by shortages.

“Despite sagging confidence due to the war (in Ukraine) and inflation, American consumers are hanging tough, undergirded by strong employment growth and built-up savings,” said Sal Guatieri, a senior economist at BMO Capital Markets in Toronto.

Consumer spending, which accounts for more than two-thirds of U.S. economic activity, rose 0.2% last month. Data for January was revised higher to show outlays rebounding 2.7% instead of 2.1% as previously reported. Economists polled by Reuters had forecast consumer spending increasing 0.5%.

A significant decline in COVID-19 infections boosted demand for services like dining out, hotel stays, recreation, air travel and healthcare. Services increased 0.9%, the most in seven months, after rising 0.7% in January. But spending on goods dropped 1.0% after surging 6.5% in the prior month.

The decline in goods purchases, which likely signals the rotation of spending back to services, was led by a tumble in motor vehicles. Consumers also cut back spending on food, household furnishings, recreational goods as well as clothing. Spending on gasoline increased at a $27.1 billion rate.

Gasoline prices soared in February and broke above $4 per gallon this month following Russia’s invasion of Ukraine on Feb. 24. Prices have dramatically increased across the board.

The personal consumption expenditures (PCE) price index, excluding the volatile food and energy components, rose 0.4% after climbing 0.5% in January. The so-called core PCE price index jumped 5.4% year-on-year in February, the biggest gain since April 1983. The core PCE price index increased 5.2% in the 12 months through January.

The Federal Reserve this month raised its policy interest rate by 25 basis points, the first hike in more than three years, and adopted a hawkish posture as it battles inflation.

Though inflation is eating into households’ budgets, consumers are getting some cushioning from massive savings accumulated during the pandemic as well as rising wages amid a shortage of workers. Economists estimate consumers are sitting on about $2.3 trillion in excess savings.

“We expect a decent chunk of it is at the disposable of households should they wish to rely on it,” said Shannon Seery, an economist at Wells Fargo in New York.

Stocks on Wall Street were trading lower. The dollar rose against a basket of currencies. U.S. Treasury yields fell.

STRONG WAGE GAINS

Personal income rose 0.5% in February, with wages shooting up 0.8%. The saving rate climbed to 6.3% from 6.1% in January.

When adjusted for inflation, consumer spending fell 0.4%. Data for January was revised higher to show the so-called real consumer spending surging 2.1% instead of 1.5% as previously reported. Real consumer spending is what matters in the calculation of gross domestic product.

“A combination of downward revisions to last year’s data and an upward revision to January’s gain means that real consumption is on track for a solid 4.0% annualized gain in the first quarter,” said Michael Pearce, a senior U.S. economist at Capital Economics in New York.

Growth estimates for the first quarter range from as low as a 0.4% annualized rate to as high as a 2.8% pace. The economy grew at a 6.9% pace in the fourth quarter.

The scarcity of workers is keeping layoffs very low. In a separate report on Thursday, the Labor Department said initial claims for state unemployment benefits increased 14,000 to a seasonally adjusted 202,000 for the week ended March 26. Still, claims remained well below their pre-pandemic average.

They have declined from an all-time high of 6.149 million in early April 2020. There were a near record 11.3 million job openings on the last day of February, government data showed on Tuesday, which left the jobs-workers gap at 3.0% of the labor force and close to the post-war high of 3.2% in December.

More workers likely returned to the labor force in March. The claims report showed the number of people receiving benefits after an initial week of aid decreased 35,000 to 1.307 million during the week ended March 19, the lowest since December 1969.

“The labor market remains in excellent shape in the first quarter,” said Stuart Hoffman, senior economic advisor at PNC Financial in Pittsburgh, Pennsylvania.

A third report from global outplacement firm Challenger, Gray & Christmas, showed U.S.-based employers announced 21,387 job cuts in March, which was up 40.3% from February but down 30% compared to last year. Employers also announced plans to hire

105,224 workers this month.

The government’s closely watched employment report on Friday is likely to show that nonfarm payrolls increased by 490,000 jobs in March, according to a Reuters survey of economists. The economy created 678,000 jobs in February.

The unemployment rate is forecast falling a to a fresh two-year low of 3.7% from 3.8% in February.

(Reporting by Lucia Mutikani; Editing by Chizu Nomiyama and Andrea Ricci)

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By Andrea Shalal

WASHINGTON – The International Monetary Fund and Argentine government have been “clear-eyed” about the exceptionally high risks facing the Argentine economy and a new $44 billion IMF program approved Friday, IMF spokesperson Gerry Rice said on Thursday.

Rice told reporters Argentina’s economy was recovering more strongly than expected after three years of recession and persistent high inflation, but it was also subject to the global shock caused by the war in Ukraine, and its economic and social situation was fragile.

“So, it’s no surprise that the risks to the Argentine economy, and therefore to the program, are high,” he said, adding that the IMF would work closely with Argentine authorities to ensure successful implementation of the program.

The executive board of the IMF last week approved a new $44 billion financing program, but said that it comes with “exceptionally high” risks.

It marks the 22nd IMF program for Argentina and comes after more than a year of negotiations. It replaces a failed $57 billion program from 2018, for which Argentina still owes over $40 billion.

Rice said the IMF’s board approved the new program because it set realistic and pragmatic objectives, along with credible policies, that would strengthen Argentina’s macroeconomic stability and begin tackling its deep-seated challenges.

Implementation would now be key, he said.

“Paraphrasing Winston Churchill, we’re at the end of the beginning of this process,” Rice said. “Now it’s all about implementation so that those objectives … can be achieved.”

While it saw the high risks involved, the IMF was committed to working closely with Argentine authorities to ensure successful implementation of the program, Rice said.

“It’s in our shared interest to have a program that can be owned and … successfully implemented by the Argentine authorities,” he said.

(Reporting by Andrea Shalal and David Lawder; Editing by Chizu Nomiyama and Nick Macfie)

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By Michelle Price

WASHINGTON – U.S. listed companies that hold cryptocurrencies on behalf of users and customers should account for those assets as a liability on their balance sheet and disclose the related risks to investors, the securities regulator said on Thursday.

The U.S. Securities and Exchange Commission (SEC) guidance would apply to a range of listed entities, including crypto exchanges and traditional firms such as retail brokers and banks that are increasingly providing cryptocurrency services and holding digital assets on behalf of a range of clients.

While there is a well-established standard under accounting rules for safeguarding traditional assets on behalf of clients, there is no explicit standard for safeguarding crypto assets and companies diverge in their treatment of these arrangements.

In its guidance, the SEC said there are “significant” technological, legal and regulatory risks associated with safeguarding crypto-assets and as a result they should be reflected as a liability on companies’ balance sheets.

“The technological mechanisms supporting how crypto-assets are issued, held, or transferred, as well as legal uncertainties regarding holding crypto-assets for others, create significant increased risks…including an increased risk of financial loss,” the SEC wrote.

Companies should also disclose “the nature and amount” of crypto assets they are responsible for holding, with separate disclosures for each significant crypto-asset, and any vulnerabilities resulting from concentration in such activities.

The underlying crypto assets should be accounted for at fair value, the SEC said.

Cryptocurrency platforms and wallets continue suffer major breaches, with hackers just this week stealing $615 million worth of cryptocurrency from blockchain project Ronin.

In addition, U.S. regulators remain undecided on how to treat cryptocurrencies, with regulators still discussing new rules for how banks should handle digital assets.

(Reporting by Michelle Price; Editing by David Gregorio)

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By Makiko Yamazaki and Junko Fujita

TOKYO – Toshiba Corp’s top shareholder said it had agreed to sell its stake to Bain Capital if the U.S. private equity firm launched a tender offer, potentially forcing the embattled conglomerate to revive talks for a private equity buyout.

The agreement between Bain and Singapore-based Effissimo Capital Management, which owns about 9.9% of Toshiba, comes as shareholders last week voted down the Japanese industrial conglomerate’s plan to split its devices unit.

Effissimo said in a regulatory filing on Thursday it had signed a confirmation letter dated March 24 that it would tender to a bid that allows Bain to own at least two-thirds of Toshiba and that clears regulatory approval.

It also said the agreement would be invalidated if a potential bid by Bain was set to fall through, leaving open the possibility for Effissimo to tender its stocks to someone else who makes a superior offer.

“This basically means it’s going to kick off a competitive auction process,” a Toshiba shareholder told Reuters on condition of anonymity.

The Nikkei business daily reported that Bain is planning to team up with Japanese investment funds in making a buyout offer.

Bain said in a statement nothing had been decided about a takeover bid for Toshiba, adding there were many issues that needed to be resolved to launch a bid to take Toshiba private.

“We believe we need to have careful and sincere dialogues with Toshiba management, the Japanese government, financial institutions and other stakeholders,” it said.

INTEREST FROM OTHER PRIVATE EQUITY FIRMS

Three sources with knowledge of the matter have told Reuters that other global private equity firms are also interested in taking Toshiba private.

One of them sounded out Toshiba management about a potential buyout in January, saying that it could make a proposal if the company is interested, said the sources, who declined to be identified as the talks were private.

Toshiba said in a statement it was not involved in the confirmation letter between Effissimo and Bain, as well as in its contents.

It also said the company accepts the opinion of the shareholders expressed at last week’s meeting and will aim to build trust with shareholders and reconsider its strategic options to enhance value.

A spokesperson for Effissimo, when asked about the filing, said the fund planned to announce its stance at the appropriate time.

During a five-month strategic review through November, Toshiba held discussions with private equity firms but decided not to entertain potential offers.

Sources said the private equity firms Toshiba held talks with included Bain, KKR & Co Inc and Blackstone. At least one private equity firm told Toshiba that a deal to take it private could be done at 6,000 yen a share or more.

Bain owns Kioxia Holdings Corp, the world’s second-largest maker of NAND flash memory chips. Toshiba has a 40% stake in the chipmaker.

(Reporting by Makiko Yamazaki and Junko Fujita; editing by Mark Potter, Jason Neely and David Evans)

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WASHINGTON – The International Monetary Fund will initiate discussions with Sri Lankan authorities on a possible loan program in coming days, IMF spokesperson Gerry Rice said on Thursday, as the Asian country seeks to stave off a severe economic crisis.

Rice said the discussions would continue during the visit of Sri Lankan Finance Minister Basil Rajapaksa in Washington for the spring meetings of the IMF and World Bank next month.

A 70% drop in foreign exchange reserves since January 2020 has left Sri Lanka struggling to pay for essential imports, including food and fuel, leading to growing unrest and even military deployments at gasoline stations.

“The Sri Lankan authorities have expressed interest in an IMF-supported financial program,” Rice told a regular IMF briefing. “We plan to initiate those program discussions with the Sri Lankan authorities … pretty much in the coming days.”

Rice said the IMF would update its forecast for Sri Lanka when it releases its new World Economic Outlook next month, but gave no further details.

He confirmed that Rajapaksa would visit Washington next month for talks with IMF officials, as reported by Reuters last week.

Sri Lanka – which must pay about $4 billion in debt this year – will also seek World Bank assistance after it enters into an IMF program, Reuters reported, citing two sources familiar with the matter.

(Reporting by Andrea Shalal; Editing by Bernadette Baum)

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