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Top HeadlinesUS and World News

LA Crime Is So Bad A Former Republican Could Win The Mayoral Race

by The Daily Caller April 11, 2022
By The Daily Caller

LA Crime Is So Bad A Former Republican Could Win The Mayoral Race

LA Crime Is So Bad A Former Republican Could Win The Mayoral Race

Laurel Duggan on April 11, 2022

Billionaire real estate developer and former Republican Rick Caruso is a point ahead of his opponent, Democratic California Rep. Karen Bass, in the Los Angeles mayoral race, a recent poll found.

Caruso is polling at 24% compared to 23% for Bass and 6% for City Council Member Kevin de León in the city’s Democratic primary, according to a poll from the UC Berkeley Institute of Governmental Studies and co-sponsored by the Los Angeles Times. The primary will move to a November runoff unless one candidate gets more than half of the votes.

Caruso’s campaign has emphasized the city’s crime problem, according to the Los Angeles Times, and highlighted his service on the Los Angeles Police Commission. Caruso claimed during a mayoral debate that crime has fallen 30% during his time on the commission.

Los Angeles saw a 30% reduction in crime during my time as President of the Police Commission. I’ve done it before, and I will do it again as your Mayor. #CarusoCan⁠ pic.twitter.com/UUGti9XXHY

— Rick J. Caruso (@RickCarusoLA) April 8, 2022

“The city we love is in a state of emergency. Rampant homelessness, people living in fear for their safety and politicians in city hall just in it for themselves,” Caruso said in a campaign commercial. “Together we can clean up L.A.”

Bass’ campaign has focused on social and economic justice, and she does not view increased policing as the answer to the city’s crime problem. She said community organizations and trained experts, rather than law enforcement, must be given resources to deal with the root causes of crime on her campaign website.

“We have to prevent the conditions that lead to crime and rehabilitate people who have made mistakes,” she said on Twitter when announcing her plan to combat crime. “We can have safety and justice at the same time.”

My father was a letter carrier. My mother was a homemaker. They raised me to make a commitment to spend my life fighting for social and economic justice.

That’s what I’ve done and that’s why I’m running for mayor. pic.twitter.com/hkud7Okf6T

— Karen Bass (@KarenBassLA) April 10, 2022

Brazen crime in the Los Angeles area has grabbed national headlines, and violent crime has seeped into upscale neighborhoods including Beverly Hills. Crime in the affluent commercial neighborhood of West Hollywood rose 137% in 2022, according to KTLA News.

The poll surveyed 2,047 registered voters between March 29 and April 5, and had a margin of error of 3.5%.

Bass and Caruso did not immediately respond to the Daily Caller News Foundation’s request for comment.

Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact The Daily Caller News Foundation

Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact  [email protected]. Read the full story at the Daily Caller News Foundation

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Maryland Lawmakers Override Governor’s Veto To Pour Millions Into Training New Abortionists

by The Daily Caller April 11, 2022
By The Daily Caller

Maryland Lawmakers Override Governor’s Veto To Pour Millions Into Training New Abortionists

Maryland Lawmakers Override Governor’s Veto To Pour Millions Into Training New Abortionists

Laurel Duggan on April 11, 2022

Maryland will pour $3.5 million each year into training people who aren’t medical doctors to perform abortions after lawmakers overturned Republican Gov. Larry Hogan’s Friday veto.

The training program is part of a bill that eliminates a ban on abortions performed by people who aren’t doctors and requires most private health insurance providers to cover abortion procedures. The legislature overrode Hogan’s veto of the bill on Saturday.

Nurse practitioners, midwives, nurse-midwives, and physicians assistants will be allowed to perform abortions in Maryland starting July 1.

“House Bill 937 endangers the health and lives of women by allowing non-physicians to perform abortions,” Hogan wrote in his Friday veto letter. “The bill risks lowering the high standard of reproductive health care services received by women in Maryland.”

“These procedures are complex and can, and often do, result in significant complications that require the attention of a licensed physician,” he added.

Del. @PenaMelnykforMD explains why now, more than ever, we need to take politics out of the removal process of our local public health officials. pic.twitter.com/ulfQDJRczJ

— MD House Democrats (@mdhousedems) April 9, 2022

Maryland state lawmaker Joseline Peña-Melnyk, a vocal supporter of the legislation, characterized the legislature’s veto override as a means of protecting public health officials from political influence. (RELATED: Court Throws Out Maryland’s Congressional Maps Over Partisan Gerrymandering)

“That this legislation is necessary is an unfortunate reflection on the undue political influence we have seen in our public health policy,” she said in a speech to the legislature. “Since the COVID-19 pandemic began, public health officials have increasingly become political targets. They have experienced retaliation from elected officials.”

Maryland is the latest of several states expanding abortion access, including Colorado, which recently legalized abortion up to birth.

Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact The Daily Caller News Foundation

Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact  [email protected]. Read the full story at the Daily Caller News Foundation

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Economists Increasingly Think US In On The Edge Of A Recession

by The Daily Caller April 11, 2022
By The Daily Caller

Economists Increasingly Think US In On The Edge Of A Recession

Economists Increasingly Think US In On The Edge Of A Recession

Harry Wilmerding on April 11, 2022

Economists increasingly think the U.S. economy will enter into a recession within the next 12 months, according to a Wall Street Journal survey.

Experts projected a 28% chance that the U.S. will slip into a recession by 2023, compared to the 13% estimate from 2021, the WSJ survey found. Economists also decreased their projection for U.S. Gross Domestic Product (GDP) growth, signaling a 2.6% increase in the fourth quarter of 2022, down a full percentage point from six months prior.

“Risks of a recession is rising due to the series of supply shocks cascading throughout the economy as the Fed lifts rates to address inflation,” Joe Brusuelas, chief economist at RSM US LLP, told the WSJ.

Economists surveyed by The Wall Street Journal this month on average put the probability of the economy being in recession sometime in the next 12 months at 28%, up from 18% in January and just 13% a year ago.https://t.co/VTuYcB1SbL

— Catherine Rampell (@crampell) April 10, 2022

“The Federal Reserve’s preferred inflation metric is at a four-decade high,” E.J. Antoni, a research fellow at the Heritage Foundation, previously 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 announced on March 16 that inflation has increased faster than projected and pledged to increase the federal funds rate by .25% to .50% to bring down the soaring prices. Roughly 84% of the survey respondents project the Fed will hike rates by a .50% in early May while over 57% see at least two increases through 2022.

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

Economists’ recession probability also reached 28% in August 2007, months before the U.S. economy entered one of its worst economic downturns in history, the WSJ reported.

Meanwhile economists see inflation remaining elevated, with a 7.5% rate in June 2022 and dipping down to 5.5% by December. Experts believe inflation will decrease to 2.9% by 2023, which would be close to the Fed’s preferred target rate, according to the WSJ.

“To be seen not fighting it is politically unwinnable. But the only policy response the Fed has is to tighten.” Amy Crew Cutts, of AC Cutts & Associates LLC, told the WSJ, adding that there is a 70% chance of a recession within the next year. “Fed actions to curb inflation will lead to a recession sooner rather than later.”

Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact The Daily Caller News Foundation

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Philadelphia to reimpose indoor mask mandate in public spaces

by Reuters April 11, 2022
By Reuters

By Tyler Clifford

(Reuters) – Philadelphia will again require masks in indoor public settings such as restaurants, schools and businesses starting next week, the city said on Monday, responding to what appears to be a fresh wave of coronavirus transmissions.

The new rule, which is set to take effect on April 18, will make Philadelphia the first major city in the United States to reimpose such a mandate.

New infections in Philadelphia are rising quickly, up 50% from the start of April, prompting the city to step up prevention measures, city Health Commissioner Cheryl Bettigole said at a news briefing. COVID hospitalizations, a lagging metric, remain stable, she said.

“This looks like we may be at the start of a new COVID wave, like Europe just saw,” Bettigole said.

U.S. infection trends have tended to follow Europe by a few weeks throughout the pandemic.

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“At this level of transmission, we do not believe there’s any reason to panic or to avoid activities we enjoy,” she said. “Our city remains open.”

The reversal comes more than a month after the city of 1.5 million residents relaxed its indoor mask mandate on public spaces amid a decline in cases in March following the record Omicron surge in January.

Philadelphia is averaging more than 140 new daily cases, while fewer than 50 patients were hospitalized with the disease as of last count, Bettigole said.

Cases in Pennsylvania rose nearly 70% in the span of a week as of Sunday, placing it among the top 10 states where infections are spreading fastest, according to a Reuters tally.

New infections are up 10% in the United States as a whole over the past week, driven by the even more contagious BA.2 subvariant of Omicron. The Omicron cousin is now the dominant version of the virus in the United States and elsewhere.

U.S. hospitalizations for the week were down about 6%, according to Reuters.

Most U.S. states and localities have eased masking and vaccination requirements. Under new Centers of Disease Control and Prevention guidelines issued in late February, nearly all of the U.S. population currently live in counties where they do not need to wear masks indoors.

More than 986,000 lives have been lost in the United States since the coronavirus pandemic began in early 2020, according to a Reuters tally.

The recent uptick in cases has also disrupted schedules for several high-ranking public officials across the country.

New York City Mayor Eric Adams tested positive for COVID-19 on Sunday, one of nearly 70 people who contracted the disease after attending the April 2, Gridiron Club dinner in Washington.

U.S. Attorney General Merrick Garland and Democratic Representatives Adam Schiff and Joaquin Castor, who also attended the event, a highlight of the Washington social calendar, also tested positive.

House of Representatives Speaker Nancy Pelosi on Monday said she tested negative for COVID-19 for the first time since her spokesman revealed on Thursday that she had been infected.

(Reporting by Tyler Clifford; Editing by Bill Berkrot)

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Financial News

Brazil’s Gol sees loss of 1.98 real per share in Q1

by Reuters April 11, 2022
By Reuters

(Reuters) – Brazilian airline Gol SA said on Monday it expects to report a loss of 1.98 real per share in the first quarter of 2022 and a loss of 78 cents per American Depositary Share.

The company also said its earnings before interest, taxes, depreciation and amortization (EBITDA) margin should be at about 11% in the quarter.

(Reporting by Carolina Pulice and Peter Frontini; Editing by Leslie Adler)

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Self Storage Facility Approved at Busy Jackson Intersection

by Phil Stilton April 11, 2022
By Phil Stilton

JACKSON, NJ – Years ago, it was hailed as the “Future home of County Line Hardware”, the business owned by Jackson Councilman Marty Flemming. When that didn’t work out, a sign was erected for a new shopping plaza at the northwest corner of the busy intersection of Hope Chapel Road and East Veterans Highway.

Last week, the township zoning board heard an application to turn that corner into a three-story self-storage facility. The applicant, like many new projects in Jackson, has no apparent traceable owners, but listed simply as “4 HOPE CHAPEL ROAD, LLC”.

Currently, the intersection features a Wawa gas station, Jackson Crossing, Liberty Commons, and a Buy-Rite liquor store.

The zoning board voted to approve the application granting several waivers to approve the project. The vote was voted 8-0 in favor of approving the application.

Self Storage Facility Approved at Busy Jackson Intersection
April 11, 2022 0 comments
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Top HeadlinesUS and World News

Actors Johnny Depp and Amber Heard face off again in U.S. libel trial

by Reuters April 11, 2022
By Reuters

By Jan Wolfe

WASHINGTON -The latest chapter in Hollywood star Johnny Depp’s legal battle with ex-wife Amber Heard kicked off on Monday as a U.S. defamation trial began over allegations Heard made about domestic abuse.

Depp, 58, has sued Heard for $50 million, saying she defamed him when she penned a 2018 opinion piece in the Washington Post about being a survivor of domestic abuse.

The op-ed never mentioned Depp by name, but Depp’s lawyers have said it was clear Heard was referencing him, and that the piece damaged his film career and reputation.

Juror selection completed on Monday and opening statements are slated to begin on Tuesday.

Depp has denied all allegations of abuse, saying in his lawsuit that Heard’s claims were an “elaborate hoax to generate positive publicity for Ms. Heard and advance her career.”

Depp and Heard both submitted long lists of potential witnesses they could put on the stand.

Heard’s list includes her ex-boyfriend and Tesla Chief Executive Elon Musk, who she texted with about Depp. Also on the list of potential witnesses is actor James Franco, who Heard testified in the London case inquired about bruises on her face following an alleged abusive incident with Depp.

Depp wants the Fairfax County jury to find that Heard knowingly made false claims.

Heard, for her part, will argue that she is shielded, or “immune,” from liability because her 2018 op-ed on domestic violence dealt with a matter of public concern.

“I never named him. Rather, I wrote about the price women pay for speaking out against men in power. I continue to pay the price, but hopefully when this case concludes, I can move on and so can Johnny,” Heard said in a statement released on Saturday.

The Washington Post is not a defendant in the trial. Depp’s lawyers have said they filed the case in Fairfax County, outside the District of Columbia, because the newspaper is printed at a facility there. Heard unsuccessfully tried to transfer the case to Los Angeles, where she and Depp lived.

Heard’s lawyers alleged “forum-shopping,” saying Depp’s attorneys sued in Virginia because they perceived it as a more favorable venue than California.

California has a more strongly worded “anti-SLAPP law,” a type of legal protection meant to shield journalists and others from frivolous lawsuits designed to silence them.

The U.S. trial comes less than two years after Depp lost a libel case against The Sun, a British tabloid that labeled him a “wife beater.” A London High Court judge ruled he had repeatedly assaulted Heard and put her in fear for her life.

The United States is a difficult forum for libel plaintiffs, especially public figures like Depp, who faces several hurdles in the Virginia case. Depp must prove by clear and convincing evidence that Heard knowingly made false claims.

Under English defamation law, the person being sued has the burden of proving their claims were true.

Depp and Heard met while making “The Rum Diary” in 2011 and married four years later. Heard accused Depp of domestic abuse after filing for divorce in 2016.

Depp ascended to Hollywood stardom in the 1990s with portrayals of loners and outsiders in cult classics such as John Waters’ “Cry-Baby” and Tim Burton’s “Edward Scissorhands.”

He became a household name with the swashbuckling Disney franchise “Pirates of the Caribbean,” playing fan favorite Jack Sparrow.

Heard, 35, is known for her roles in “Aquaman” and “Justice League.” She has brought her own libel claim against Depp, saying he smeared her by calling her a liar.

Heard’s counterclaim will be decided as part of the trial, which could last for six weeks. Heard is seeking $100 million in damages from Depp, according to court papers.

In her evidence to the London High Court, Heard said Depp would turn into a jealous alter ego, “the monster”, after binging on drugs and alcohol and had threatened to kill her.

She detailed 14 occasions of extreme violence when she said the actor choked, punched, slapped, head-butted, throttled and kicked her. The London judge accepting 12 of these accounts as true.

Following the November 2020 ruling in the London libel trial, Depp was replaced with Danish actor Mads Mikkelsen in the third film in the “Fantastic Beasts” franchise, a spin-off from the “Harry Potter” books and films.

(Reporting by Jan Wolfe; Editing by Noeleen Walder and Lisa Shumaker)

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Financial News

Sachem Head cuts director slate to 5 in US Foods board battle

by Reuters April 11, 2022
By Reuters

By Svea Herbst-Bayliss

BOSTON -Activist investment firm Sachem Head on Monday cut its slate of director nominees at US Foods Holding Co to five from seven, backing away from plans to try and take control of the food distributor’s board.

The hedge fund, US Foods’ biggest shareholder with an 8.7% stake, announced the move in a regulatory filing less than two weeks after the company appointed two new independent directors to persuade investors it was pursuing the right strategy.

Sachem Head, which has been invested in US Foods since 2018, did not say which of its director nominees have been cut or which US Foods board members it hopes to replace with its own candidates at the annual meeting.

The hedge fund said it “reevaluated” the optimal number of directors it needs to nominate to push for the change it believes is needed for the company to “begin to fulfill its potential.” Investors will vote for directors at the annual meeting on May 18 unless a settlement is reached beforehand.

The hedge fund’s original nominees included Scott Ferguson, Sachem Head’s portfolio manager, as well as former Kraft Heinz Co Chief Executive Officer Bernardo Hees and other executives with supply chain and food industry expertise.

Ferguson began pushing for changes last year and has said he believes the company is lagging peers and has not improved operations as promised.

The two sides have held discussions to try and resolve the boardroom battle, and Ferguson late last month made a settlement proposal that the company rejected, according to a regulatory filing made by the company on Monday.

Sachem Head offered to end the proxy contest in return for four board seats and a public announcement that US Foods was searching for a new chief executive officer or was exploring strategic alternatives, the company’s filing said.

In early April, the company proposed handing two seats to Sachem Head, picking the directors from the hedge fund’s slate. It also offered forming a committee to assess ways to boost the share price, and insisted on a standstill agreement. In an earlier effort to settle the matter, the company had already offered two seats, one to a Sachem Head nominee, and one to a director the two sides picked jointly while rejecting the possibility of adding Hees to the board.

The company’s share price closed up 2.30% at $36.05 on Monday.

(Reporting by Svea Herbst-Bayliss; Editing by David Gregorio)

April 11, 2022 0 comments
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New Jersey Governor Phil Murphy.
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Governor Murphy Says He’s Willing To Scale Back Gender Indoctrination Curriculum

by Phil Stilton April 11, 2022
By Phil Stilton

TRENTON, NJ – After Governor Phil Murphy’s Department of Education were caught with their hands in the progressive cookie jar of gender education and indoctrination in the public school system, Murphy now says he’s willing to talk about it a little.

New Jersey just had a gender education reveal party, and it’s not a boy or girl. It’s a major problem for Democrats in the upcoming election.

After being blindsided by a Fox News report outing the state’s 2nd and 3rd-grade gender studies, which the right has labeled gender indoctrination, an avalanche of bad press followed. Parents across the state woke up to the woke agenda and voiced their opposition.

Murphy now says those parents should be heard after defending the importance of gender education in the public school curriculum.

“I think there’s some sort of sense that parents have no say, and I would just say emphatically that parents deserve absolutely to have a say in this sort of stuff – Along with all other interested parties, but probably none are more interested than parents,” Murphy said when pressed by reporters.

Murphy will also work to make sure the ill-timed gender curriculum reveal fiasco doesn’t become a political flashpoint in the upcoming midterm elections.

“I don’t like the fact that some are using this as an opportunity to score political points and to further divide us,” Murphy said. “I say that on behalf of the LGBTQIA+ communities. Let’s everybody not use this to divide us.”

Under the proposed curriculum, teachers will tell students, “

“Gender identity is that feeling of knowing your gender. You might feel like you are a boy, you might feel like you are a girl,” the lesson plan states. “You might feel like you’re a boy even if you have body parts that some people might tell you are ‘girl’ parts. You might feel like you’re a girl even if you have body parts that some people might tell you are ‘boy’ parts.”

Murphy did not say how or when he will take input from parents across New Jersey to possibly modify the curriculum.

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Financial News

New York pension leaders back calls for less fossil fuel financing

by Reuters April 11, 2022
By Reuters

By Ross Kerber

(Reuters) -New York pension officials on Monday said they will support shareholder resolutions filed at major banks seeking quick cuts to financing of new fossil fuel development, pushing climate issues to the fore of another springtime shareholder meeting season.

Shareholders should support resolutions filed at Bank of America Corp, Goldman Sachs Group Inc and four other banks “in order to mitigate the systemic risks posed by unfettered climate change,” according to a statement sent by a representative of New York State Comptroller Thomas DiNapoli, who oversees some $280 billion in retirement assets.

Backing from the third-largest U.S. public retirement system will boost prospects of the resolutions from green-minded investors including the Sierra Club Foundation and Trillium Asset Management.

Effectively, the nonbinding proposals call for banks to end development of new fossil fuel projects in line with calls this year from global watchdog the International Energy Agency (IEA).

So far, banks have opposed the resolutions. In a securities filing Bank of America said its board “believes the policy requested by the proposal is unnecessary in light of our commitment to financing a low-carbon environment, our robust risk management programs and policies, and our net zero commitment.”

Goldman Sachs said in another filing that given its investments in decarbonization and transition finance, its stakeholders “are better served by our engagement, not our divestment.”

Influential proxy adviser Glass Lewis so far has recommended investors vote “against” the resolutions, saying the banks have been responsive to climate concerns.

In another report Glass Lewis also wrote that expanded fossil fuel development is likely as result of Russia’s invasion of Ukraine. “Shareholders may be reluctant to limit Bank of America’s ability to participate in such projects in the current geopolitical context,” Glass Lewis said.

(Reporting by Ross Kerber; Editing by Leslie Adler and David Gregorio)

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U.S. yields jump to 3-year highs, stocks slide on CPI outlook

by Reuters April 11, 2022
By Reuters

By Herbert Lash

NEW YORK – Global stock markets fell on Monday, pulled lower by technology shares in Europe and on Wall Street, as U.S. Treasury yields jumped ahead of inflation data that could prompt the Federal Reserve to tighten policy enough to slow a rebounding economy.

The euro rose against the dollar to snap a seven-day losing streak as the single currency rallied after French leader Emmanuel Macron beat far-right challenger Marine Le Pen in France’s first round of presidential voting on Sunday.

The dollar held just below almost two-year highs against a basket of currencies and strengthened against the Japanese yen, up 0.88%, and versus the commodity currencies – the Canadian, Australian and New Zealand dollars.

The yield on benchmark 10-year Treasuries rose more than 7 basis points to 2.793%, the highest level since January 2019.

Yields have surged in anticipation of Fed rate hikes, which Dec Mullarkey, managing director of investment strategy and asset allocation at SLC Management, expects to be by 50 basis points at each of the Fed’s next three policy meetings.

“The Fed is going to move aggressively. The market has appropriately priced it in,” Mullarkey said.

“They don’t want to be an issue in the midterms,” Mullarkey added, referring to elections in November that will determine whether Republicans can wrest control from President Joe Biden’s Democrats in the U.S. Senate and House of Representatives. “They also do not want to be in the position where they don’t have inflation under control.”

Economists polled by Reuters forecast the U.S. consumer price index (CPI) on Tuesday would post an 8.4% year-over-year increase in March. Separately, they also saw the probability of a recession next year at 40%.

Technology shares, which have been underpinned by record low interest rates, fell 2% in Europe and 2.6% on Wall Street.

MSCI’s gauge of stocks across the globe closed down 1.33% and the pan-European STOXX 600 index slid 0.59% as regional bourses fell with the exception of France’s CAC 40.

On Wall Street, the Dow Jones Industrial Average fell 1.19%, the S&P 500 lost 1.69% and the Nasdaq Composite dropped 2.18%. All 11 S&P 500 sectors fell.

Volatility gripped French blue chips on the outlook for a tight Macron-Le Pen race in the final round of voting. French assets have underperformed as markets are uneasy about Le Pen’s agenda of protectionism, tax cuts and nationalization.

The CAC 40 index, which is off 1.5% so far in April as the STOXX 600 gains about 0.4%, closed up 0.12%.

“I don’t expect the French equity markets to rally until we have the second round – we expect a lot of volatility and range-bound trading,” said Mathieu Racheter, head of equity strategy at Julius Baer. “It is really a close call in the runoff.”

Overnight in Asia, MSCI’s broadest index of Asia-Pacific shares outside Japan fell 1.6% and the Nikkei 225 in Tokyo slid 0.61%.

Oil prices dropped by $4 a barrel, with Brent tumbling below $100 on plans to release record volumes of crude from strategic reserves and on continuing COVID-19 lockdowns in China.

U.S. crude futures fell $3.97 to settle at $94.29 a barrel while Brent settled down $4.30 at $98.48.

Palladium steadied after jumping as much as 5% on supply concerns following a recent suspension on trading of the metal sourced from Russia in the London metals hub, while gold was buoyed by inflation fears.

U.S. gold futures settled up 0.1% at $1,948.20 an ounce.

Bitcoin fell 5.66% to $39,748.60.

China’s inflation figures surprised on the high side on Monday although they were still relatively modest at 1.5% year-on-year in March.

But that still saw yields on China’s 10-year government bonds fall below U.S. Treasury yields for the first time in 12 years on Monday.

GRAPHIC: US-China https://fingfx.thomsonreuters.com/gfx/mkt/myvmnqlakpr/us-china.JPG

(Reporting by Herbert Lash, additional reporting by Samuel Indyk and Elizabeth Howcroft in London, Sruthi Shankar in Bengaluru; Editing by Philippa Fletcher, Angus MacSwan, Will Dunham and David Gregorio)

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Thoma Bravo to buy SailPoint for $6.1 billion in cybersecurity push

by Reuters April 11, 2022
By Reuters

By Eva Mathews and Krystal Hu

(Reuters) -Private equity firm Thoma Bravo will acquire SailPoint Technologies for $6.12 billion, the cybersecurity firm said on Monday, in the latest deal that underscores the heightened interest in the security software market.

In buying Austin, Texas-based SailPoint, Thoma Bravo will bolster its strength in the security-focused space, where it already has key investments in firms including Proofpoint Inc, Barracuda Networks and Sophos.

Shares of SailPoint, founded in 2005, closed at $64.05 on Monday, a 29% jump from Friday.

Cybersecurity has been a hot sector for buyouts thanks to a COVID-19 pandemic-led shift to remote working as well as the Russian invasion of Ukraine that has led to a spike in cyberattacks. Datto, a security solutions provider, has also been taken private in a $6.2 billion deal by investors led by Insight Partners on Monday.

Thoma Bravo, which manages more than $103 billion in assets, was the majority stakeholder in SailPoint prior to its initial public offering in 2017. It exited from its position by the end of 2018.

SailPoint shareholders will receive $65.25 per share in cash, the company said on Monday, representing a premium of 31.6% as of Friday close. Including debt, the deal is valued at about $6.9 billion.

Sources said the deal could help SailPoint accelerate its transition to a software as a service (SaaS) model without the scrutiny of being a public company, and fund potential transformative acquisitions with the dry powder from Thoma Broavo.

SailPoint’s Chief Executive Officer Mark McClain said the go-private deal, expected to close in the second half of this year, would allow the company to pursue long-term growth with greater flexibility and expand their markets on the back of additional capital from the private equity firm.

“We’re about 10% penetrated in our target market. We have a lot of room to grow in terms of what we add to our portfolio,” McClain said.

SailPoint specializes in software related to identity and access management that helps businesses mitigate unwanted user access and reduce the risk of sensitive data leakage. SailPoint shares had lost about 9.2% in 2021.

(Reporting by Eva Mathews in Bengaluru; Editing by Shailesh Kuber and Will Dunham)

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Daily Journal, long overseen by Charlie Munger, halves stake in China’s Alibaba

by Reuters April 11, 2022
By Reuters

By Jonathan Stempel

(Reuters) – Daily Journal Corp, the publishing and software company where Warren Buffett’s business partner Charlie Munger helps oversee investments and until recently was chairman, on Monday said it halved its investment in Chinese e-commerce giant Alibaba Group Holding Ltd.

In a regulatory filing, the Los Angeles-based company said it owned 300,000 of Alibaba’s American depositary shares (“ADS”)worth $32.6 million as of March 31, down from 602,060 shares at the end of 2021.

The reduction essentially reversed Daily Journal’s trading activity in last year’s fourth quarter, when its Alibaba stake nearly doubled in size.

The price of Alibaba’s ADS has fallen 15% this year, and 68% from its October 2020 peak.

Daily Journal did not immediately respond to a request for comment. The company publishes newspapers and provides software to courthouses.

Munger, 98, had been Daily Journal’s chairman for 45 years before stepping down last month.

Daily Journal said he would remain a director and focus on matters he has worked on, including its securities portfolio. Munger is better known for his work at Berkshire, where he has been vice chairman since 1978 and helps the 91-year-old Buffett allocate capital.

Long bullish on China, Munger spearheaded Berkshire’s approximately 7% stake in electric car maker BYD Co.

At Daily Journal’s annual meeting in February, Munger lamented recent deterioration in relations between the United States and China.

“They should like us and we should like them,” he said.

Most of the rest of Daily Journal’s securities portfolio is in Bank of America Corp, which is also a major Berkshire investment, and Wells Fargo & Co.

(Reporting by Jonathan Stempel in New York; Editing by Bernard Orr)

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U.S. House Democrats introduce bill requiring time off for voting

by Reuters April 11, 2022
By Reuters

By Moira Warburton

WASHINGTON – A group of U.S. House of Representatives Democrats on Monday proposed legislation requiring employers give their workers paid time off to vote, following failed attempts by Congress to pass major voting rights legislation earlier this year.

The “Time Off to Vote Act” would close gaps in state laws, U.S. Representative Nikema Williams of Georgia said in a statement, citing the long lines at polling places seen in her state and others during previous elections.

Democrats, led by U.S. President Joe Biden, tried earlier this year to get major voting rights legislation passed, but were prevented by two centrist Democratic senators’ refusal to eliminate the filibuster in the Senate, a mechanism that requires most bills to gain at least 60 votes in order to advance. All 50 Senate Republicans also opposed the broad voting rights legislation.

The new narrow bill would “ensure no worker has to sacrifice their wages or jeopardize their job security to exercise their sacred right to vote,” Democratic Representative Andy Levin, a co-sponsor, said in a statement.

Many Democrats are concerned that the lack of action on voting rights will hurt them in November’s midterm elections, particularly in states like Georgia where they won narrow victories after campaigning hard on protecting access to the ballot box.

A voting rights bill that was passed by the House in January but buried by the Senate would have established minimum federal voting standards so that any registered voter could request a mail-in ballot. It also would have established at least two weeks of early voting and expanded use of ballot drop boxes that make voting more convenient in many areas.

(Reporting by Moira Warburton in Washington; Editing by Sam Holmes)

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Breaking NewsD.C. NewsPolice Blotter

D.C. Police Need Your Help Identifying Armed Robbery Suspects

by Kristen Harrison-Oneal April 11, 2022
By Kristen Harrison-Oneal

WASHINGTON, D.C. – The Washington, D.C. Metro Police Department is investigating an Armed Robbery which occurred on April 9th on the 2300 Block of 4th Street in Northeast, D.C.. The police department is asking for the public’s help in identifying the suspects.

According to detectives, “At approximately 12:17 am, two suspects entered an establishment at the listed location. One of the suspects brandished a gun and snatched the victim’s property. The victim resisted and the suspect assaulted the victim. The suspect took the victim’s property then fled the scene.”

A nearby surveillance camera captured the suspect.

If you have an information about this incident, please take no action but call police at (202) 727-9099.

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U.S. seeks to resume enforcing federal employee vaccine mandate

by Reuters April 11, 2022
By Reuters

By David Shepardson

WASHINGTON -The U.S. Justice Department on Monday asked a federal appeals court to allow the Biden administration to resume enforcing a federal employee vaccine mandate that had been blocked by a lower-court judge in January.

A 5th U.S. Circuit Court of Appeals panel on Thursday reinstated President Joe Biden’s executive order mandating that federal civilian employees be vaccinated against COVID-19. The White House last week had told federal agencies they “must continue to take no action to implement or enforce the COVID-19 vaccination requirement” pending additional procedural steps by the court.

On Monday, the Justice Department asked the appeals court to take “appropriate steps so that the government may resume implementation and enforcement” of President Joe Biden’s executive order.

It said the appeals court should issue its order immediately to allow the ruling to take effect, arguing it is “justified by the serious ongoing harm to the public interest and to the government.”

Biden in September said he would require about 3.5 million government workers to get vaccinated by Nov. 22, barring a religious or medical accommodation, or face discipline or firing.

The Biden administration argued the federal trial court had no power to hear the dispute. It told the appeals court that employees were required to raise their grievance through the Civil Service Reform Act (CSRA).

The panel’s 2-1 majority said the plaintiffs had sought “to circumvent the CSRA’s exclusive review scheme.”

The White House has said more than 93% of federal employees have received at least one vaccination and 98% have been vaccinated or are seeking a religious or medical exemption.

In mid-January, the U.S. Supreme Court blocked Biden’s COVID-19 vaccination-or-testing mandate for large businesses. The court allowed a separate federal vaccine requirement for healthcare facilities.

A third major vaccine requirement aimed at employees of federal contractors like airlines and manufacturers was blocked by a federal judge in December.

(Reporting by David Shepardson; Editing by Leslie Adler and Bill Berkrot)

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Financial News

California’s PG&E to avoid criminal charges in settlements over two major wildfires

by Reuters April 11, 2022
By Reuters

By Kanishka Singh

(Reuters) – California utility PG&E Corp has reached settlement agreements with district attorneys representing Northern California counties to avoid prosecution over two major wildfires, with the company agreeing to pay $55 million.

“As a result of these agreements, no criminal charges will be filed in the Dixie Fire (2021), and the criminal complaint regarding the Kincade Fire (2019) will be dismissed,” the company said in a statement on Monday.

The financial commitments within the agreements total $55 million over five years, and PG&E will not seek recovery of these costs from customers, it added.

PG&E did not admit wrongdoing in the settlements reached with prosecutors for the 2021 Dixie Fire and the 2019 Kincade Fire in Sonoma County.

The Dixie fire, ranked as the second-largest California wildfire on record, scorched through Northern California communities and forests in August, forcing thousands to flee from their homes and prompted precautionary power shutdowns. PG&E had said the blaze may have started when a tree fell onto one of the utility’s power cables.

The Kincade wildfire in California’s wine country in 2019 that forced some 2,000 people to flee homes was caused by PG&E’s electrical transmission lines, the state’s Department of Forestry and Fire Protection (Cal Fire) said in 2020.

PG&E entered agreements with Butte, Lassen, Plumas, Shasta, Sonoma and Tehama counties to strengthen wildfire safety and response programs and to work with local organizations affected by the fires to help rebuild impacted communities, the company said on Monday.

The utility emerged from bankruptcy in 2020. It had sought protection from creditors after wildfires sparked by its equipment in 2017 and 2018 drove the utility’s potential liabilities into tens of billions of dollars.

Late last year, PG&E said it had received a subpoena from the U.S. attorney’s office seeking documents from the Californian utility related to the Dixie Fire.

(Reporting by Kanishka Singh in Washington; Editing by Aurora Ellis)

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OPEC tells EU it’s not possible to replace potential Russian oil supply loss

by Reuters April 11, 2022
By Reuters

By Kate Abnett and Alex Lawler

BRUSSELS/LONDON -OPEC told the European Union on Monday that current and future sanctions on Russia could create one of the worst ever oil supply shocks and it would be impossible to replace those volumes, and signalled it would not pump more.

European Union officials held talks in Vienna with representatives of the Organization of the Petroleum Exporting Countries amid calls for the group to increase output and as the EU considers potential sanctions on Russian oil.

“We could potentially see the loss of more than 7 million barrels per day (bpd) of Russian oil and other liquids exports, resulting from current and future sanctions or other voluntary actions,” OPEC Secretary General Mohammad Barkindo said, according to a copy of his speech seen by Reuters.

“Considering the current demand outlook, it would be nearly impossible to replace a loss in volumes of this magnitude.”

The European Union reiterated its call in the meeting for oil-producing countries to look at whether they can increase deliveries to help cool soaring oil prices, a European Commission official told Reuters.

EU representatives also pointed out that OPEC has a responsibility to ensure balanced oil markets, the official said.

OPEC has resisted calls by the United States and the International Energy Agency to pump more crude to cool prices, which reached a 14-year peak last month after Washington and Brussels imposed sanctions on Moscow following Russia’s invasion of Ukraine.

In the meeting with OPEC, the EU said OPEC could provide more production from its spare capacity, according to an OPEC document seen by Reuters.

Still, Barkindo said the current highly volatile market was a result of “non-fundamental factors” outside OPEC’s control, in a signal the group would not pump more.

OPEC+, which consists of OPEC and other producers including Russia, will raise output by about 432,000 barrels per day in May, as part of a gradual unwinding of output cuts made during the worst of the COVID-19 pandemic.

The EU-OPEC meeting on Monday afternoon was the latest in a dialogue launched between the two sides in 2005.

Russian oil has been excluded from EU sanctions so far. But after the 27-country bloc agreed last week to sanction Russian coal – its first to target energy supplies – some senior EU officials said oil could be next.

The European Commission is drafting proposals for an oil embargo on Russia, the foreign ministers of Ireland, Lithuania and the Netherlands said on Monday at a meeting of EU foreign ministers in Luxembourg, although there was no agreement to ban Russian crude.

Australia, Canada and the United States, who are less reliant on Russian supply than Europe, have already banned Russian oil purchases.

EU countries are split over whether to follow suit, given their higher dependency and the potential for the move to push up already high energy prices in Europe.

The EU expects its oil use to decrease 30% by 2030, from 2015 levels, under its planned policies to fight climate change – though in the short term, an embargo would trigger a dash to replace Russian oil with alternative supplies.

(Reporting by Kate Abnett; Editing by Mike Harrison and Susan Fenton)

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Department of Justice Press Releases

Gilbert Man Sentenced to Prison for PPP Fraud

by DOJ Press April 11, 2022
By DOJ Press

PHOENIX, Ariz. – James Theodore Polzin, 48, of Gilbert, Arizona, was sentenced last week by U.S. District Judge John J. Tuchi to 48 months in prison and ordered to pay over $2.2 million in restitution. Polzin pleaded guilty in October 2021 to fraudulently obtaining millions of dollars in Paycheck Protection Program (PPP) loans and Economic Injury Disaster Loans.

The Coronavirus Aid, Relief, and Economic Security Act (“CARES”) is a federal law designed to provide emergency financial assistance to the millions of Americans who are suffering financially due to the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of forgivable loans to small businesses for job retention and certain other expenses, including PPP loans.  

Polzin submitted materially false loan applications that claimed non-existent employees and revenues for business entities he owned and operated. From April 2020 to August 2020, Polzin applied for loans totaling over $3.5 million. Polzin then used a portion of the proceeds for his own personal benefit, which included purchasing a Porsche, a home, and stashing money offshore.

This case was investigated by the Internal Revenue Service Criminal Investigation, Homeland Security Investigations, and the Federal Bureau of Investigation. Assistant U.S. Attorney Kevin M. Rapp, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:       CR-21-00264-PHX-JJT
RELEASE NUMBER:    2022-039_Polzin

# # #

For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.

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Department of Justice Press Releases

Fourth Defendant Pleads Guilty in Scheme to Employ Homeless Individuals to Cash Bogus Business Checks

by DOJ Press April 11, 2022
By DOJ Press

PROVIDENCE, R.I. – A fourth Georgia man charged in federal court in Rhode Island with participating in a long-running scheme to entice homeless and transient individuals in the Providence area to cash counterfeit business checks in return for cash payments pled guilty today to conspiracy to commit bank fraud, announced United States Attorney Zachary A. Cunha.

Cortavious Benford, 28, of Atlanta, GA, pled guilty today; Austin Weaver, 26, of Decatur, GA, pled guilty on April 6; Jalen Ronald Stanford, 28, of East Point, GA, pled guilty on March 10; and Michael Williams, 27, of East Point, GA, pled guilty on July 7, 2021.

Benford, Weaver, and Stanford are awaiting sentencing; Williams was sentenced by U.S. District Chief Judge John J. McConnell, Jr., on February 16, 2022, to 41 months in federal prison to be followed by 3 years of federal supervised release. A defendant’s sentence is determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.

According to charging documents, homeless and other individuals enlisted by the four men were provided a bogus business check in their name and driven to financial institutions in Rhode Island, Massachusetts, Connecticut, Maine, and elsewhere. The bogus business checks had been created by members of the conspiracy using stolen banking information of actual businesses. The individuals recruited by the conspirators were instructed on how to enter the bank, cash the check using their own Rhode Island ID card or driver’s license for identification, and then return to the vehicle with the cash. Upon their return, a member of the conspiracy paid them between $100 and $200.

Two members of the conspiracy,  Michael Williams and Cortavious Benford, were arrested on February 5, 2021, after they recruited and drove a homeless person to a Providence bank. They threatened to injure him if he failed to provide them with all of the check’s proceeds. Despite the threat, once inside the bank, the man pointed out the vehicle parked outside of the bank as containing individuals who provided him with a counterfeit check. Providence Police located the vehicle a short distance away and arrested Williams and Benford. They were in possession of $12,000 in cash. 

A court-authorized search of a Providence residence by Providence Police and the United States Secret Service resulted in the seizure of a computer, which had a program used to design and print checks; a printer; blank check stock; and an envelope containing stolen checks and approximately $5,000 in cash. Several completed fraudulent checks were found on the computer.

Jalen Ronald Stanford was arrested on February 25, 2021; Austin Weaver was arrested on March 3, 2021.

The investigation determined that members of the conspiracy attempted to cash approximately $677,687 worth of counterfeit checks throughout the New England region, causing losses to financial institutions of approximately $480,000.

The cases are being prosecuted by Assistant U.S. Attorney Lee H. Vilker.

###

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Department of Justice Press Releases

Oklahoma City Man Pays Nearly $123,000 to Settle Claims That He Wrongfully Obtained Social Security Benefits to Which He Was Not Entitled

by DOJ Press April 11, 2022
By DOJ Press

OKLAHOMA CITY – David Lehman (“Lehman”), paid $122,949 to settle civil False Claims Act allegations that he obtained and used Social Security benefits to which he was not entitled, announced United States Attorney Robert J. Troester.

The United States alleges that from April 2013, through March 2019, Social Security benefits were deposited into the bank account of a deceased Social Security beneficiary.  The Social Security benefits would not have been paid had the United States been notified of the beneficiary’s death.  Lehman had access to the beneficiary’s bank account and withdrew the Social Security benefits for his own use.  To resolve these allegations, Lehman agreed to pay $122,949 to the United States.

In reaching this settlement, Lehman did not admit liability, and the government did not make any concessions about the legitimacy of the claims.  The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.

This case was investigated by the Social Security Administration, Office of Inspector General-Office of Investigations.  Assistant U.S. Attorney Ronald R. Gallegos prosecuted the case.

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Department of Justice Press Releases

Former Controller Charged with Stealing $2.3 Million From Employer

by DOJ Press April 11, 2022
By DOJ Press

NEWARK, N.J. – A Middlesex County, New Jersey, man was charged with embezzling over $2.3 million from a New York-based company where he had been the controller since 2001, U.S. Attorney Philip R. Sellinger announced today.

Gerard Beauzile, 61, of South Plainfield, New Jersey, is charged by indictment with 10 counts of wire fraud. He appeared by videoconference today before U.S. Magistrate Judge James B. Clark, III, and was released on $200,000 unsecured bond.

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

From 2001 through February 2021, Beauzile worked as controller, heading a New York-based company’s accounting department. On a monthly basis, from 2014 through December 2020, Beauzile issued company checks to himself, and deposited those checks into his personal bank account at bank branches in New York, near his employer’s headquarters. 

Over the course of the scheme, Beauzile issued approximately 140 checks to himself totaling in excess of $2.3 million, which he used for his own benefit. Beauzile hid his scheme by failing to enter some of the checks into the victim company’s accounting system; causing checks to appear as though they were made payable to vendors when, in fact, Beauzile issued them to himself; changing the vendors invoices to correspond with the accounting of those checks; and falsifying the victim company’s bank account statements.

Each count of wire fraud is punishable by a maximum penalty of 20 years in prison and a maximum $250,000 fine.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge George Crouch in Newark, with the investigation leading to the indictment.

The government is represented by Assistant U.S. Attorney Blake Coppotelli of the Economic Crimes Unit in Newark.

The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed to be innocent unless and until proven guilty.

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Department of Justice Press Releases

Lawton Man Sentenced to 120 Months in Federal Prison for a Lawton Bank Robbery Involving a Fake Bomb

by DOJ Press April 11, 2022
By DOJ Press

OKLAHOMA CITY – Last Friday, a federal judge sentenced JOHN SCOTT BROOKS, 39, of Lawton, to serve 120 months in federal prison for a Lawton bank robbery involving a fake bomb, announced United States Attorney Robert J. Troester.

On June 3, 2020, a federal grand jury returned a two count Indictment against Brooks.  Count 1 charged Brooks with bank robbery and Count 2 charged him with making a bomb threat.  According to evidence presented at trial in April 2021, Brooks pulled up to the drive-through teller lane at the Southwest Oklahoma Federal Credit Union, located at 6714 West Gore Boulevard, Lawton, Oklahoma, on March 23, 2020, and he placed a fake bomb and demand note in the teller drawer.  He immediately held up a device displaying timer, which was counting down.  After the teller provided Brooks with bank proceeds, he took the fake bomb and drove away.

Evidence at trial further showed that Brooks attempted to get away with the robbery by creating a cover story, which included altering the appearance of his vehicle, erasing electronic information from his cell phone, and driving to another bank and then to Wichita Falls, Texas, so he could tell law enforcement he was somewhere else at the time of the robbery. Evidence at trial included testimony from the bank teller, bank surveillance footage of the robbery, a bank robbery list found at Brooks’ residence, and a vehicle image comparison analysis performed by an FBI forensic examiner, which showed Brooks changed the appearance of his vehicle immediately after the robbery.  Additionally, multiple witnesses testified that they recognized Brooks in the still photo of the surveillance footage taken from the robbery.  

The trial lasted two days, and the jury deliberated approximately two hours before finding Brooks guilty of one count of bank robbery. 

At the sentencing, U.S. District Court Judge Scott Palk sentenced Brooks to serve 120 months in federal prison.  In support of his sentence, Judge Palk cited, among other things, the serious nature of the offense, Brooks’ criminal history, and the impact the robbery had on the teller.  Judge Palk also ordered Brooks to serve five years of supervised release when released from federal prison.  Brooks has been detained in federal custody since April 3, 2020.

This case was the result of an investigation by the Federal Bureau Investigation’s Oklahoma City Field Office and the Lawton Police Department.  Assistant U.S. Attorneys Wilson D. McGarry and Stan West prosecuted the case.

Reference is made to public filings for more information.

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Department of Justice Press Releases

Former Managing Partner Of Manhattan Investment Advisory Firm Sentenced To 12 Years For Defrauding Investors In An Over $120 Million Ponzi-Like Scheme

by DOJ Press April 11, 2022
By DOJ Press

Damian Williams, United States Attorney for the Southern District of New York, announced that DAVID HU, former managing partner and chief investment officer of the Manhattan-based investment advisory firm International Investment Group (“IIG”), was sentenced today to 12 years in prison for his role in an over $120 million scheme to defraud IIG’s clients and investors.  HU pled guilty in January 2021 to investment adviser fraud, securities fraud, and wire fraud offenses.  U.S. District Judge Alvin K. Hellerstein announced today’s sentence, which will be formally imposed following the conclusion of forfeiture and restitution proceedings in the case. 

U.S. Attorney Damian Williams said:  “David Hu shirked his fiduciary responsibilities and defrauded IIG funds and investors for more than a decade.  Hu’s lies caused millions of dollars of losses.  Hu mismarked millions of dollars of loan assets, falsified paperwork to create fake loans, sold overvalued and fake loans, used the proceeds from those sales to pay off earlier investors, and falsified paperwork to deceive auditors and avoid scrutiny.  Today’s sentence sends the message that brazen fraud does not pay and will be appropriately punished.”

According to the Information and based on statements made and documents filed in  federal court in this case:

Background of IIG

HU and co-conspirator MARTIN SILVER founded IIG in 1994.  HU was a managing partner and the chief investment officer of IIG.  IIG, an SEC-registered investment adviser, provided investment management and advisory services, including for three private funds that it operated: (1) the IIG Trade Opportunities Fund N.V. (“TOF”); (2) the IIG Global Trade Finance Fund, Ltd. (“GTFF”); and (3) the IIG Structured Trade Finance Fund, Ltd. (“STFF”).  IIG also advised the Venezuela Recovery Fund (“VRF”), a fund that managed the remaining assets of a failed Venezuelan bank (VRF, together with TOF, GTFF, and STFF, the “IIG Funds”).  In March 2018, IIG reported to the SEC that it had approximately $373 million in assets under management.

IIG advertised itself as specializing in global trade financing, particularly in providing trade finance loans to small and medium-sized businesses.  IIG’s principal investment advisory strategy, including with respect to the IIG Funds, was investing in trade finance loans that it also originated.  Trade finance loans are used by small and medium-sized companies, typically exporters and importers, to facilitate international trade.  IIG’s purported expertise was in trade finance loans to borrowers located in Central or South America, and in a variety of industries, with a stated focus on “soft commodities,” such as coffee, agriculture, fishing, and other food products.  IIG’s trade finance loans were purportedly secured by collateral, such as the underlying traded goods, assets held by the borrowers, or expected payments by third parties.

Investments in TOF, STFF, and GTFF were marketed by IIG to institutional investors, such as pension funds, hedge funds, and insurers.  In offering memoranda and communications with investors, IIG advertised strict risk controls, such as promises to use diligence to carefully select borrowers or issuers with trusted management and marketable assets, and portfolio concentration limits based on borrower, developing country, and industry.

IIG purported to value the trade finance loans in the IIG Funds on a regular basis.  IIG and, in turn, HU, received a performance fee with respect to the IIG Funds, as well as a management fee, which was calculated as a percentage of the assets under management held in the Funds.

The Scheme

From approximately 2007 to 2019, HU conspired to defraud investors in IIG-managed funds by: (i) overvaluing distressed loans held by the IIG Funds, (ii) falsifying paperwork to create a series of fake loans that were classified, fraudulently, as positively performing loans, and to otherwise hide losses, (iii) selling overvalued and fake loans to a collateralized loan obligation trust and new private funds established and advised by IIG, and (iv) using the proceeds from those fraudulent sales to generate liquidity required to pay off earlier investors in a Ponzi-like manner.

The scheme HU participated in involved, among other things:

  • Mismarking the value of multiple loans that had, in reality, defaulted (the “Defaulted Loans”).  
  • Mismarking multiple loans that were distressed (the “Distressed Loans”).  These Distressed Loans included, for example, loans for which the borrowers had missed multiple scheduled payments.  
  • Creating fictitious loans in order to hide the losses resulting from the Defaulted Loans, including from auditors reviewing TOF’s financials, by removing the Defaulted Loans from the TOF portfolio and replacing them with tens of millions of dollars in fictitious loans to purported borrowers in foreign countries (the “Fake Loans”). 
  • Using a collateralized loan obligation trust (the “CLO Trust”) to create liquidity through investments in fraudulent loans. 
  • Using the CLO Trust and Panamanian shell entities to cover up losses.  Specifically, HU caused the creation of shell entities domiciled in Panama (“Panamanian Shell Entities”) that were controlled by an IIG nominee.  Then, HU caused the CLO Trust to enter into fake loan transactions with the Panamanian Shell Entities.  HU caused the creation of fake promissory notes and other paperwork to conceal the fraudulent nature of the loans to the Panamanian Shell Entities.  Finally, under the guise of the fake loan transactions with the Panamanian Shell Entities, the CLO Trust disbursed funds that HU diverted to TOF in order to pay off TOF’s various debts and obligations.
  • Generating liquidity by selling fraudulent loans to two new private IIG managed funds: GTFF and STFF.  A foreign institutional investor provided $70 million as the seed investment for GTFF, and, later, $130 million as the seed investment for STFF. 
  • Inducing a retail mutual fund to invest in a fictitious $6 million loan.  Specifically,  in or about December 2012, IIG became an investment adviser to an open-ended mutual fund marketed to retail investors (the “Retail Fund”). As an investment adviser to the Retail Fund, IIG made investment recommendations, including recommendations that the Retail Fund invest in trade finance loans originated by IIG.  In or about February 2017, a borrower (the “Argentine Borrower”) had failed to pay the principal on an approximately $6 million loan (“Loan-1”) in which the Retail Fund had invested and which was nearing its maturity date.  In or about March 2017, HU caused approximately $6 million to be transferred into an account associated with the Argentine Borrower from the account of a different borrower (“Borrower-1”), and further directed the funds from Borrower-1’s account to pay off the debt owed by the Argentine Borrower to the Retail Fund.  To replace the funds from Borrower-1’s account that were used to make it appear as though the Argentine Borrower had repaid its debt to the Retail Fund, HU fraudulently induced the Retail Fund to invest in a new, fake $6 million loan to the Argentine Borrower (the “New Loan”).  HU then directed that the proceeds from the fraudulently induced New Loan be transferred into Borrower-1’s account, effectively reimbursing the account for the earlier $6 million transfer to the Retail Fund.  To further conceal the fraudulent nature of the New Loan, HU caused the creation of forged documents to make it appear as though the New Loan was a legitimate loan to the Argentine Borrower.

*                      *                      *

In addition to the prison sentence, HU, 64, of West Orange, New Jersey, was ordered to serve three years of supervised release.  The Court also announced that it would impose restitution to victims and forfeiture of the proceeds of the offenses, with the amounts to be determined at a later date. 

SILVER pled guilty to investment adviser fraud, securities fraud, and wire fraud offenses in April 2021 and his sentencing is pending. 

Mr. Williams praised the investigative work of the FBI and also thanked the U.S. Securities and Exchange Commission for its assistance. 

This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Drew Skinner, Negar Tekeei, and Alex Rossmiller are in charge of the prosecution.

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Department of Justice Press Releases

Nigerian Man Extradited to the United States from the United Kingdom to Face Multiple Fraud and Money Laundering Charges in Bismarck, ND

by DOJ Press April 11, 2022
By DOJ Press

BISMARCK: Interim United States Attorney Nicholas W. Chase announced, that on April 11, 2022, Kolawole Bamidele Akande, a/k/a Patric Elis Ferguson, a/k/a David Louis Wallace, a/ka/ Ramos Joseph Hogan made an initial appearance in the United States District Court for the District of North Dakota on charges of 1) Conspiracy to Commit Bank Fraud; 2) Conspiracy to Commit Wire Fraud; 3) Conspiracy to Commit Mail Fraud; 4) Conspiracy to Commit Money Laundering; 5) Mail Fraud; and 6) Money Laundering.

Akande appeared at this hearing in Bismarck, ND, after being extradited from the United Kingdom. The court ordered Akande be detained pending trial.

As alleged in the Indictment, the defendant participated in a complicated computer intrusion scheme targeting a Dickinson, ND company which was allegedly defrauded out of approximately $348,000.00. The defendant, and other codefendants, fraudulently obtained checks from the Dickinson company through the mail and deposited these checks in fraudulently obtained accounts in financial institutions located within the State of Texas. Once the funds from these checks were available for withdrawal and transfer, the defendant, and other codefendants, withdrew and transferred the funds to conceal and disguise their nature, location, source, and ownership.

The United States District Court for the District of North Dakota previously sentenced:

• Co-Defendant Olawale Sule a/k/a Brand King Mohammed, a/k/a John Thomas, on February 17, 2021, to serve two years’ imprisonment and payment of restitution on a charge of Conspiracy to Commit Bank Fraud.

• Co-Defendant Oluwafemi Elijah Olasode, on September 7, 2021, to time served imprisonment and payment of restitution on a charge of Misprision of Felony.

An Indictment is an accusation and notice of charges. The defendant is presumed innocent under the law.

Link for Prior Press Release Unsealing Indictment is located below:

https://www.justice.gov/usao-nd/pr/federal-grand-jury-indicts-nigerian-nationals-multiple-fraud-schemes-against-dickinson-nd

This case is being investigated by the Federal Bureau of Investigation; United States Postal Inspection Service; Homeland Security Investigations, and the United States Attorney’s Office in the Northern District and Eastern District of Texas, and is being prosecuted by Assistant United States Attorney Jonathan J. O’Konek

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April 11, 2022 0 comments
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