FROM: U.S. STATE DEPARTMENT
Myanmar's Independence Day
Press Statement
John Kerry
Secretary of State
Washington, DC
January 2, 2015
On behalf of President Obama and the people of the United States, I would like to congratulate the people of Myanmar as you celebrate the 67th anniversary of your nation’s independence.
This day is an appropriate moment to reiterate America’s commitment to supporting your country as you continue down the path of reform towards a modern, democratic, peaceful, and economically vibrant nation. It is my sincere hope that in the future together we can celebrate the fulfillment of all of your aspirations.
During my visit last August, I was struck by how much had changed since my first trip to your country fifteen years ago when I was still a United States Senator. It was affirming to see firsthand the deepening diplomatic, economic and cultural relationships between our two nations which some had once deemed impossible. The journey traveled thus far is itself the best evidence of how far we can travel together in the next journey going forward. I look forward to working with you to see those ties grow as Myanmar continues to open to the world.
Please accept the best wishes of the American people for a happy Independence Day.
Friday, January 2, 2015
U.S. CONGRATULATES PEOPLE OF HAITI ON THEIR INDEPENDENCE DAY
FROM: U.S. STATE DEPARTMENT
Haiti's Independence Day
Press Statement
John Kerry
Secretary of State
Washington, DC
January 1, 2015
I congratulate the people of Haiti on their 211th Independence Day.
As Haitians celebrate this milestone, they can take pride in the harvest of hard work in reconstruction and development. But this is also a day to focus on the work ahead to keep faith with the promise of Independence Day. The year ahead will be pivotal as Haiti works to schedule overdue parliamentary elections. Just as we stand with the Haitian people today as they mark their 211th year of independence, the United States reiterates its unflinching support of the people of Haiti as they strive to build a stronger and more enduring democracy.
The people-to-people bonds shared by our two nations sustain a warm friendship that prevails through times of prosperity and trial. These unbreakable links give us cause to reaffirm the commitment of the United States to be a partner for a more stable and prosperous Haiti and to wish the Haitian people well on this special day.
Haiti's Independence Day
Press Statement
John Kerry
Secretary of State
Washington, DC
January 1, 2015
I congratulate the people of Haiti on their 211th Independence Day.
As Haitians celebrate this milestone, they can take pride in the harvest of hard work in reconstruction and development. But this is also a day to focus on the work ahead to keep faith with the promise of Independence Day. The year ahead will be pivotal as Haiti works to schedule overdue parliamentary elections. Just as we stand with the Haitian people today as they mark their 211th year of independence, the United States reiterates its unflinching support of the people of Haiti as they strive to build a stronger and more enduring democracy.
The people-to-people bonds shared by our two nations sustain a warm friendship that prevails through times of prosperity and trial. These unbreakable links give us cause to reaffirm the commitment of the United States to be a partner for a more stable and prosperous Haiti and to wish the Haitian people well on this special day.
DOJ RELEASES LAW ENFORCEMENT OFFICER FATALITY STATISTICS
FROM: U.S. JUSTICE DEPARTMENT
Tuesday, December 30, 2014
Statement from Attorney General Holder on Yearly Law Enforcement Officer Fatality Statistics
The National Law Enforcement Officers Memorial Fund today released preliminary fatality statistics for 2014. The data in the report shows that 126 federal, state, local, tribal and territorial officers were killed in the line of duty this year. The report further showed that in 2014, 50 officers were killed by firearms, 49 officers were killed in traffic-related incidents, and 27 officers died due to other causes including 24 who suffered from job-related illnesses—such as heart attacks—while performing their duties.
Attorney General Eric Holder made the following statement today:
"These troubling statistics underscore the very real dangers that America's brave law enforcement officers face every time they put on their uniforms. Each loss is both tragic and unacceptable -- a beloved father, mother, son, or daughter who never came home to their loved ones.
"That's why, over the last six years, my colleagues and I have taken action to support these courageous men and women. As we speak, the Justice Department continues its efforts to empower local, state, tribal, and federal law enforcement personnel to do their jobs as safely and effectively as possible. In 2011, I created an Officer Safety Working Group in response to concerns about violence directed at law enforcement. The department is currently funding thorough analysis of 2014 officer fatalities, including ambushes of law enforcement and other incidents, so we can mitigate risks in the future. And through groundbreaking initiatives like VALOR, we are providing cutting-edge training to help prevent violence against law enforcement, to improve officer resilience, and to increase survivability during violent encounters.
"Through our Bulletproof Vest Partnership Program, we're helping to provide lifesaving equipment to those who serve on the front lines. And through the Public Safety Officers' Benefits Program, we're offering our strongest support to our brave officers and their loved ones in the toughest of times.
"Going forward, this unshakeable commitment to those who serve will continue to guide our efforts to improve 21st-century policing and build trust between law enforcement and the communities they protect.
"I have always been proud to support these selfless public servants. All Americans owe our courageous law enforcement personnel a tremendous debt of gratitude for their patriotic service, for their often-unheralded sacrifices, and for the dangers they routinely face in the name of public safety."
Tuesday, December 30, 2014
Statement from Attorney General Holder on Yearly Law Enforcement Officer Fatality Statistics
The National Law Enforcement Officers Memorial Fund today released preliminary fatality statistics for 2014. The data in the report shows that 126 federal, state, local, tribal and territorial officers were killed in the line of duty this year. The report further showed that in 2014, 50 officers were killed by firearms, 49 officers were killed in traffic-related incidents, and 27 officers died due to other causes including 24 who suffered from job-related illnesses—such as heart attacks—while performing their duties.
Attorney General Eric Holder made the following statement today:
"These troubling statistics underscore the very real dangers that America's brave law enforcement officers face every time they put on their uniforms. Each loss is both tragic and unacceptable -- a beloved father, mother, son, or daughter who never came home to their loved ones.
"That's why, over the last six years, my colleagues and I have taken action to support these courageous men and women. As we speak, the Justice Department continues its efforts to empower local, state, tribal, and federal law enforcement personnel to do their jobs as safely and effectively as possible. In 2011, I created an Officer Safety Working Group in response to concerns about violence directed at law enforcement. The department is currently funding thorough analysis of 2014 officer fatalities, including ambushes of law enforcement and other incidents, so we can mitigate risks in the future. And through groundbreaking initiatives like VALOR, we are providing cutting-edge training to help prevent violence against law enforcement, to improve officer resilience, and to increase survivability during violent encounters.
"Through our Bulletproof Vest Partnership Program, we're helping to provide lifesaving equipment to those who serve on the front lines. And through the Public Safety Officers' Benefits Program, we're offering our strongest support to our brave officers and their loved ones in the toughest of times.
"Going forward, this unshakeable commitment to those who serve will continue to guide our efforts to improve 21st-century policing and build trust between law enforcement and the communities they protect.
"I have always been proud to support these selfless public servants. All Americans owe our courageous law enforcement personnel a tremendous debt of gratitude for their patriotic service, for their often-unheralded sacrifices, and for the dangers they routinely face in the name of public safety."
LANDLORD CONVICTED OF FRAUD AND FORGERY
FROM: U.S. JUSTICE DEPARTMENT
Department of Justice
U.S. Attorney’s Office
District of Massachusetts
FOR IMMEDIATE RELEASE
Monday, December 22, 2014
Springfield Landlord Convicted of Fraud and Forgery Charges
SPRINGFIELD - A Springfield landlord was convicted in federal court today of fraud and related charged in connection with fires at two of his Springfield properties.
Wilkenson Knaggs, 43, was convicted by a jury following a five-day trial of three counts of mail fraud, two counts of negotiating checks with forged endorsements, and two counts of spending the mail fraud proceeds. U.S. District Judge Mark Mastroianni scheduled sentencing for March 20, 2015.
Following a Nov. 16, 2008 fire at 376-378 Franklin Street in Springfield, Knaggs submitted a fraudulent contract for rehabilitating the three-family house in order to obtain a payout on his homeowner’s policy. He also forged the endorsement of the City of Springfield on a second check, cashing the check at a Boston check cashing company, and using the proceeds to buy a two-family house at 99 Central Street. In addition, Knaggs recorded the title to 99 Central Street in the name of a relative and used the relative to make a claim on the insurance policy after a March 7, 2010, fire at the Central Street property.
The charging statutes provide for a sentence of no more than 20 years in prison, three years of supervised release and a $250,000 fine on each mail fraud count with lower maximum sentences on the other charges. Actual sentences for federal crimes are typically less than the statutory maximum penalties. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; Shelley Binkowski , Postal Inspector in Charge, United States Postal Inspection Service; and Vincent Lisi, Special Agent in Charge of the Federal Bureau of Investigation’s Boston Field Division made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys Karen Goodwin and Deepika Shukla of Ortiz’s Springfield Branch Office.
USAO - District of Massachusetts
Updated December 22, 201
Department of Justice
U.S. Attorney’s Office
District of Massachusetts
FOR IMMEDIATE RELEASE
Monday, December 22, 2014
Springfield Landlord Convicted of Fraud and Forgery Charges
SPRINGFIELD - A Springfield landlord was convicted in federal court today of fraud and related charged in connection with fires at two of his Springfield properties.
Wilkenson Knaggs, 43, was convicted by a jury following a five-day trial of three counts of mail fraud, two counts of negotiating checks with forged endorsements, and two counts of spending the mail fraud proceeds. U.S. District Judge Mark Mastroianni scheduled sentencing for March 20, 2015.
Following a Nov. 16, 2008 fire at 376-378 Franklin Street in Springfield, Knaggs submitted a fraudulent contract for rehabilitating the three-family house in order to obtain a payout on his homeowner’s policy. He also forged the endorsement of the City of Springfield on a second check, cashing the check at a Boston check cashing company, and using the proceeds to buy a two-family house at 99 Central Street. In addition, Knaggs recorded the title to 99 Central Street in the name of a relative and used the relative to make a claim on the insurance policy after a March 7, 2010, fire at the Central Street property.
The charging statutes provide for a sentence of no more than 20 years in prison, three years of supervised release and a $250,000 fine on each mail fraud count with lower maximum sentences on the other charges. Actual sentences for federal crimes are typically less than the statutory maximum penalties. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; Shelley Binkowski , Postal Inspector in Charge, United States Postal Inspection Service; and Vincent Lisi, Special Agent in Charge of the Federal Bureau of Investigation’s Boston Field Division made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys Karen Goodwin and Deepika Shukla of Ortiz’s Springfield Branch Office.
USAO - District of Massachusetts
Updated December 22, 201
DOJ FILES LAWSUIT AGAINST PHARMA CONSULTING SERVICE FOR ALLEGEDLY TAKING KICKBACKS FROM PHARMA MANUFACTURERS
FROM: U.S. JUSTICE DEPARTMENT
Monday, December 22, 2014
United States Files Suit Against Omnicare Inc. for Accepting Kickbacks from Drug Manufacturer to Promote an Anti-Epileptic Drug in Nursing Homes
The United States has filed a civil False Claims Act complaint against Omnicare Inc. alleging that it solicited and received millions of dollars in kickbacks from pharmaceutical manufacturer Abbott Laboratories, the Justice Department announced today. Omnicare is the nation’s largest provider of pharmaceuticals and pharmacy consulting services to nursing homes. Federal regulations designed to protect nursing home residents from unnecessary drugs require nursing homes to retain consulting pharmacists such as those provided by Omnicare to ensure that residents’ drug prescriptions are appropriate.
In its complaint, the United States alleges that Omnicare solicited and received kickbacks from Abbott in exchange for purchasing and recommending the prescription drug Depakote for controlling behavioral disturbances exhibited by dementia patients residing in nursing homes serviced by Omnicare. According to the complaint, Omnicare’s pharmacists reviewed nursing home patients’ charts at least monthly and made recommendations to physicians on what drugs should be prescribed for those patients. The government alleges that Omnicare touted its influence over physicians in nursing homes in order to secure kickbacks from pharmaceutical companies such as Abbott.
“Elderly nursing home residents suffering from dementia are among our nation’s most vulnerable patient populations, and they depend on the independent judgment of healthcare professionals for their daily care,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “Kickbacks to consulting pharmacists compromise their independence and undermine their role in protecting nursing home residents from the use of unnecessary drugs.”
The United States alleges that Omnicare disguised the kickbacks it received from Abbott in a variety of ways. Abbott allegedly made payments to Omnicare described as “grants” and “educational funding,” even though their true purpose was to induce Omnicare to recommend Depakote. For example, according to the complaint, Omnicare solicited substantial contributions from Abbott and other pharmaceutical manufacturers to its “Re*View” program. Although Omnicare claimed that Re*View was a “health management” and “educational” program, the complaint alleges that it was simply a means by which Omnicare solicited kickbacks from pharmaceutical manufacturers in exchange for increasing the utilization of their drugs on elderly nursing home residents. In internal documents, Omnicare allegedly referred to Re*View as its “one extra script per patient” program. The complaint also alleges that Omnicare entered into agreements with Abbott by which Omnicare was entitled to increasing levels of rebates from Abbott based on the number of nursing home residents serviced and the amount of Depakote prescribed per resident. Finally, the complaint alleges that Abbott funded Omnicare management meetings on Amelia Island, Florida, offered tickets to sporting events to Omnicare management, and made other payments to local Omnicare pharmacies.
“Although the United States Attorney’s Office for the Western District of Virginia is small, we will not waver in our pursuit of the largest corporations, like Omnicare and Abbott, who illegally raid the coffers of Medicaid, Medicare, and other healthcare benefit programs,” said Acting U.S. Attorney Anthony P. Giorno for the Western District of Virginia.
“Kickback allegations place elderly nursing home residents at risk that treatment decisions are influenced by improper financial incentives,” said Special Agent in Charge Nicholas DiGiulio for the Department of Health and Human Services’ Office of Inspector General (HHS-OIG) region including Virginia. “We will continually guard government health programs and taxpayers from companies more intent on their bottom lines than on patient care.”
In May 2012, the United States, numerous individual states, and Abbott entered into a $1.5 billion global civil and criminal resolution that, among other things, resolved Abbott’s civil liability under the False Claims Act for paying kickbacks to nursing home pharmacies.
The United States filed its complaint against Omnicare in two consolidated whistleblower lawsuits filed under the False Claims Act in the Western District of Virginia. The whistleblower provisions of the False Claims Act authorize private parties to sue for fraud on behalf of the United States and share in any recovery. The United States is entitled to intervene and take over such lawsuits, as it has done here.
This case illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $23.2 billion through False Claims Act cases, with more than $14.9 billion of that amount recovered in cases involving fraud against federal health care programs.
This investigation was jointly handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Western District of Virginia, HHS-OIG, the Office of the Attorney General for the Commonwealth of Virginia and the National Association of Medicaid Fraud Control Units.
The cases are captioned United States ex rel. Spetter v. Abbott Labs., et al., Case No. 10-cv-00006 (W.D. Va.) and United States ex rel. McCoyd v. Abbott Labs., et al., Case No. 07-cv-00081 (W.D. Va.). The claims asserted in the government’s complaint are allegations only and there has been no determination of liability.
Monday, December 22, 2014
United States Files Suit Against Omnicare Inc. for Accepting Kickbacks from Drug Manufacturer to Promote an Anti-Epileptic Drug in Nursing Homes
The United States has filed a civil False Claims Act complaint against Omnicare Inc. alleging that it solicited and received millions of dollars in kickbacks from pharmaceutical manufacturer Abbott Laboratories, the Justice Department announced today. Omnicare is the nation’s largest provider of pharmaceuticals and pharmacy consulting services to nursing homes. Federal regulations designed to protect nursing home residents from unnecessary drugs require nursing homes to retain consulting pharmacists such as those provided by Omnicare to ensure that residents’ drug prescriptions are appropriate.
In its complaint, the United States alleges that Omnicare solicited and received kickbacks from Abbott in exchange for purchasing and recommending the prescription drug Depakote for controlling behavioral disturbances exhibited by dementia patients residing in nursing homes serviced by Omnicare. According to the complaint, Omnicare’s pharmacists reviewed nursing home patients’ charts at least monthly and made recommendations to physicians on what drugs should be prescribed for those patients. The government alleges that Omnicare touted its influence over physicians in nursing homes in order to secure kickbacks from pharmaceutical companies such as Abbott.
“Elderly nursing home residents suffering from dementia are among our nation’s most vulnerable patient populations, and they depend on the independent judgment of healthcare professionals for their daily care,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “Kickbacks to consulting pharmacists compromise their independence and undermine their role in protecting nursing home residents from the use of unnecessary drugs.”
The United States alleges that Omnicare disguised the kickbacks it received from Abbott in a variety of ways. Abbott allegedly made payments to Omnicare described as “grants” and “educational funding,” even though their true purpose was to induce Omnicare to recommend Depakote. For example, according to the complaint, Omnicare solicited substantial contributions from Abbott and other pharmaceutical manufacturers to its “Re*View” program. Although Omnicare claimed that Re*View was a “health management” and “educational” program, the complaint alleges that it was simply a means by which Omnicare solicited kickbacks from pharmaceutical manufacturers in exchange for increasing the utilization of their drugs on elderly nursing home residents. In internal documents, Omnicare allegedly referred to Re*View as its “one extra script per patient” program. The complaint also alleges that Omnicare entered into agreements with Abbott by which Omnicare was entitled to increasing levels of rebates from Abbott based on the number of nursing home residents serviced and the amount of Depakote prescribed per resident. Finally, the complaint alleges that Abbott funded Omnicare management meetings on Amelia Island, Florida, offered tickets to sporting events to Omnicare management, and made other payments to local Omnicare pharmacies.
“Although the United States Attorney’s Office for the Western District of Virginia is small, we will not waver in our pursuit of the largest corporations, like Omnicare and Abbott, who illegally raid the coffers of Medicaid, Medicare, and other healthcare benefit programs,” said Acting U.S. Attorney Anthony P. Giorno for the Western District of Virginia.
“Kickback allegations place elderly nursing home residents at risk that treatment decisions are influenced by improper financial incentives,” said Special Agent in Charge Nicholas DiGiulio for the Department of Health and Human Services’ Office of Inspector General (HHS-OIG) region including Virginia. “We will continually guard government health programs and taxpayers from companies more intent on their bottom lines than on patient care.”
In May 2012, the United States, numerous individual states, and Abbott entered into a $1.5 billion global civil and criminal resolution that, among other things, resolved Abbott’s civil liability under the False Claims Act for paying kickbacks to nursing home pharmacies.
The United States filed its complaint against Omnicare in two consolidated whistleblower lawsuits filed under the False Claims Act in the Western District of Virginia. The whistleblower provisions of the False Claims Act authorize private parties to sue for fraud on behalf of the United States and share in any recovery. The United States is entitled to intervene and take over such lawsuits, as it has done here.
This case illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $23.2 billion through False Claims Act cases, with more than $14.9 billion of that amount recovered in cases involving fraud against federal health care programs.
This investigation was jointly handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Western District of Virginia, HHS-OIG, the Office of the Attorney General for the Commonwealth of Virginia and the National Association of Medicaid Fraud Control Units.
The cases are captioned United States ex rel. Spetter v. Abbott Labs., et al., Case No. 10-cv-00006 (W.D. Va.) and United States ex rel. McCoyd v. Abbott Labs., et al., Case No. 07-cv-00081 (W.D. Va.). The claims asserted in the government’s complaint are allegations only and there has been no determination of liability.
SEC CHARGES TWO BUSINESSMEN IN CHILE WITH INSIDER TRADING
FROM: U.S. SECURITIES AND EXCHANGE COMMISSION
The Securities and Exchange Commission charged two business associates in Chile with insider trading on nonpublic information that one of them learned while serving on the board of directors of a pharmaceutical company. The agency obtained a court order to freeze assets in the U.S. brokerage accounts used to conduct the trading.
The SEC alleges that Juan Cruz Bilbao Hormaeche exploited highly confidential information from CFR Pharmaceuticals S.A. board meetings at which a tender offer by Abbott Laboratories was discussed. In a U.S. brokerage account of which he is the beneficiary, Bilbao caused the purchase of millions of dollars’ worth of American Depositary Shares (ADS) of CFR Pharmaceuticals on the basis of nonpublic information about progressing negotiations between the two companies. Bilbao used Tomás Andrés Hurtado Rourke to place the trades in the brokerage account, and Hurtado also purchased several hundred thousand dollars’ worth of ADS in his own U.S. brokerage account. After Abbott Laboratories publicly announced a definitive agreement to acquire CFR Pharmaceuticals and commenced the tender offer, Bilbao and Hurtado tendered the ADS they purchased. They reaped approximately $10.6 million in illicit profits.
“Bilbao abused his position on a company’s board as he stockpiled ADS on the basis of inside information that a major payday was coming soon on those shares,” said Karen L. Martinez, Director of the SEC’s Salt Lake Regional Office.
The SEC’s complaint filed in U.S. District Court for the Southern District of New York alleges that Bilbao violated Section Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3. The complaint also alleges Hurtado violated Sections 14(e) and 20(e) of the Exchange Act and Rule 14e-3. The complaint seeks disgorgement of ill-gotten gains plus prejudgment interest and financial penalties in addition to permanent injunctions against further violations of these provisions of the securities laws. Bilbao allegedly used an offshore entity to engage in the insider trading, and the SEC seeks to repatriate all illegal profits.
The SEC’s investigation was conducted by William B. McKean and the litigation will be led by Daniel J. Wadley of the Salt Lake Regional Office.
The Securities and Exchange Commission charged two business associates in Chile with insider trading on nonpublic information that one of them learned while serving on the board of directors of a pharmaceutical company. The agency obtained a court order to freeze assets in the U.S. brokerage accounts used to conduct the trading.
The SEC alleges that Juan Cruz Bilbao Hormaeche exploited highly confidential information from CFR Pharmaceuticals S.A. board meetings at which a tender offer by Abbott Laboratories was discussed. In a U.S. brokerage account of which he is the beneficiary, Bilbao caused the purchase of millions of dollars’ worth of American Depositary Shares (ADS) of CFR Pharmaceuticals on the basis of nonpublic information about progressing negotiations between the two companies. Bilbao used Tomás Andrés Hurtado Rourke to place the trades in the brokerage account, and Hurtado also purchased several hundred thousand dollars’ worth of ADS in his own U.S. brokerage account. After Abbott Laboratories publicly announced a definitive agreement to acquire CFR Pharmaceuticals and commenced the tender offer, Bilbao and Hurtado tendered the ADS they purchased. They reaped approximately $10.6 million in illicit profits.
“Bilbao abused his position on a company’s board as he stockpiled ADS on the basis of inside information that a major payday was coming soon on those shares,” said Karen L. Martinez, Director of the SEC’s Salt Lake Regional Office.
The SEC’s complaint filed in U.S. District Court for the Southern District of New York alleges that Bilbao violated Section Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3. The complaint also alleges Hurtado violated Sections 14(e) and 20(e) of the Exchange Act and Rule 14e-3. The complaint seeks disgorgement of ill-gotten gains plus prejudgment interest and financial penalties in addition to permanent injunctions against further violations of these provisions of the securities laws. Bilbao allegedly used an offshore entity to engage in the insider trading, and the SEC seeks to repatriate all illegal profits.
The SEC’s investigation was conducted by William B. McKean and the litigation will be led by Daniel J. Wadley of the Salt Lake Regional Office.
Thursday, January 1, 2015
Wednesday, December 31, 2014
ANOTHER COMPANY PLEADS GUILTY TO PRICE FIXING ON SHIPING SERVICES OF CARS AND TRUCKS
FROM: U.S. JUSTICE DEPARTMENT
Monday, December 29, 2014
Third Company Agrees to Plead Guilty to Price Fixing on Ocean Shipping Services for Cars and Trucks
Company Agrees to Pay $59.4 Million Criminal Fine
Nippon Yusen Kabushiki Kaisha (NYK), a Japanese corporation, has agreed to plead guilty and to pay a $59.4 million criminal fine for its involvement in a conspiracy to fix prices, allocate customers, and rig bids of international ocean shipping services for roll-on, roll-off cargo, such as cars and trucks, to and from the United States and elsewhere, the Department of Justice announced today.
According to a one-count felony charge filed today in U.S. District Court for the District of Maryland in Baltimore, NYK conspired to suppress and eliminate competition by allocating customers and routes, rigging bids and fixing prices for the sale of international ocean shipments of roll-on, roll-off cargo to and from the United States and elsewhere, including the Port of Baltimore. NYK participated in the conspiracy from at least February 1997 until at least September 2012. NYK has agreed to cooperate with the Department’s ongoing antitrust investigation. The plea agreement is subject to court approval. NYK is the third company to agree to plead guilty in this investigation, bringing the total agreed-upon fines to over $135 million.
Roll-on, roll-off cargo is non-containerized cargo that can be both rolled onto and rolled off of an ocean-going vessel. Examples of this cargo include new and used cars and trucks and construction and agricultural equipment.
“This is another step in the effort to restore competition in the ocean shipping industry to the benefit of U.S. consumers,” said Bill Baer, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. “Including today’s charges, three companies have now agreed to plead guilty to participating in this long-running conspiracy. We are not done. Our investigation is ongoing.”
According to the charge, NYK and its co-conspirators conspired by agreeing on prices, allocating customers, agreeing to refrain from bidding against one another and exchanging customer pricing information. The department said the companies then charged fees in accordance with those agreements for international ocean shipping services for certain roll-on, roll-off cargo to and from the United States and elsewhere at collusive and non-competitive prices.
NYK is charged with price fixing in violation of the Sherman Act, which carries a maximum penalty of a $100 million criminal fine for corporations. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
Today’s charge is the result of an ongoing federal antitrust investigation into price fixing, bid rigging, and other anticompetitive conduct in the international roll-on, roll-off ocean shipping industry, which is being conducted by the Antitrust Division’s Washington Criminal I Section and the FBI’s Baltimore Field Office, along with assistance from the U.S. Customs and Border Protection Office of Internal Affairs, Washington Field Office/Special Investigations Unit.
Monday, December 29, 2014
Third Company Agrees to Plead Guilty to Price Fixing on Ocean Shipping Services for Cars and Trucks
Company Agrees to Pay $59.4 Million Criminal Fine
Nippon Yusen Kabushiki Kaisha (NYK), a Japanese corporation, has agreed to plead guilty and to pay a $59.4 million criminal fine for its involvement in a conspiracy to fix prices, allocate customers, and rig bids of international ocean shipping services for roll-on, roll-off cargo, such as cars and trucks, to and from the United States and elsewhere, the Department of Justice announced today.
According to a one-count felony charge filed today in U.S. District Court for the District of Maryland in Baltimore, NYK conspired to suppress and eliminate competition by allocating customers and routes, rigging bids and fixing prices for the sale of international ocean shipments of roll-on, roll-off cargo to and from the United States and elsewhere, including the Port of Baltimore. NYK participated in the conspiracy from at least February 1997 until at least September 2012. NYK has agreed to cooperate with the Department’s ongoing antitrust investigation. The plea agreement is subject to court approval. NYK is the third company to agree to plead guilty in this investigation, bringing the total agreed-upon fines to over $135 million.
Roll-on, roll-off cargo is non-containerized cargo that can be both rolled onto and rolled off of an ocean-going vessel. Examples of this cargo include new and used cars and trucks and construction and agricultural equipment.
“This is another step in the effort to restore competition in the ocean shipping industry to the benefit of U.S. consumers,” said Bill Baer, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. “Including today’s charges, three companies have now agreed to plead guilty to participating in this long-running conspiracy. We are not done. Our investigation is ongoing.”
According to the charge, NYK and its co-conspirators conspired by agreeing on prices, allocating customers, agreeing to refrain from bidding against one another and exchanging customer pricing information. The department said the companies then charged fees in accordance with those agreements for international ocean shipping services for certain roll-on, roll-off cargo to and from the United States and elsewhere at collusive and non-competitive prices.
NYK is charged with price fixing in violation of the Sherman Act, which carries a maximum penalty of a $100 million criminal fine for corporations. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
Today’s charge is the result of an ongoing federal antitrust investigation into price fixing, bid rigging, and other anticompetitive conduct in the international roll-on, roll-off ocean shipping industry, which is being conducted by the Antitrust Division’s Washington Criminal I Section and the FBI’s Baltimore Field Office, along with assistance from the U.S. Customs and Border Protection Office of Internal Affairs, Washington Field Office/Special Investigations Unit.
USA.gov TIPS FOR NEW YEAR'S EVE PARTIES
FROM: USA.gov
If you are hosting a New Year's Eve party, following a few simple rules could prevent a tragedy:
Plan ahead by naming a "designated driver." Make this your responsibility as the host.
Contact a local cab company to provide rides for your guests.
Serve non-alcoholic beverages as an option to your guests.
Stop serving alcohol to your guests several hours before the party ends.
Provide your guests with a place to stay overnight in your home.
If you are attending New Year's Eve parties and celebrations:
If you drink, don't drive.
Plan ahead and always designate a sober driver before the party or celebration begins.
If you are impaired, call a taxi, use mass transit, or get a sober friend or family member to come pick you up.
Or, stay where you are until you are sober.
Take the keys from someone if you think he/she is too impaired to drive.
If you are hosting a New Year's Eve party, following a few simple rules could prevent a tragedy:
Plan ahead by naming a "designated driver." Make this your responsibility as the host.
Contact a local cab company to provide rides for your guests.
Serve non-alcoholic beverages as an option to your guests.
Stop serving alcohol to your guests several hours before the party ends.
Provide your guests with a place to stay overnight in your home.
If you are attending New Year's Eve parties and celebrations:
If you drink, don't drive.
Plan ahead and always designate a sober driver before the party or celebration begins.
If you are impaired, call a taxi, use mass transit, or get a sober friend or family member to come pick you up.
Or, stay where you are until you are sober.
Take the keys from someone if you think he/she is too impaired to drive.
MOST WHO SELECTED 2015 HEALTH PLANS THROUGH HEALTHCARE.GOV ARE GETTING ASSISTANCE TO LOWER PREMIUMS
FROM: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
December 30, 2014
87 percent of people who selected 2015 plans through HealthCare.gov in first month of open enrollment are getting financial assistance to lower monthly premiums
A report released by the Department of Health and Human Services today provides the first detailed analysis of enrollment in the Marketplaces for the first month of the 2015 open enrollment period. About 87 percent of people who selected health insurance plans through HealthCare.gov for coverage beginning Jan. 1, 2015 were determined eligible for financial assistance to lower their monthly premiums, compared to 80 percent of enrollees who selected plans over a similar period last year. In addition, more than 4 million people in both the state and federal Marketplaces signed up for the first time or reenrolled in coverage for 2015 during the first month of open enrollment. That includes more than 3.4 million people who selected a plan in the 37 states that are using the HealthCare.gov platform for 2015, and more than 600,000 consumers who selected plans in the 14 states that are operating their own Marketplace platform for 2015.
Today’s report includes data through December 15 for the 37 states using the HealthCare.gov platform, and through December 13 for 12 states and the District of Columbia that are using their own Marketplace platforms. Data for California are through December 14. Data for automatic reenrollments are not yet available in the vast majority of states, so today’s report does not fully capture the number of people who selected plans leading up to the deadline for Jan. 1, 2015 coverage. In particular, the automatic reenrollment process for the 37 states using the HealthCare.gov platform began on December 16 and was completed for the vast majority of consumers on December 18.
HHS also released a Weekly Enrollment Snapshot that captures more recent enrollment activity in the 37 states using the HealthCare.gov platform. The Weekly Snapshot shows that from November 15 to December 26, nearly 6.5 million consumers selected a plan or were automatically reenrolled.
“We’re pleased that nationwide, millions of people signed up for Marketplace coverage starting January 1. The vast majority were able to lower their costs even further by getting tax credits, making a difference in the bottom lines of so many families,” HHS Secretary Sylvia M. Burwell said. “Interest in the Marketplace has been strong during the first month of open enrollment. We still have a ways to go and a lot of work to do before February 15, but this is an encouraging start.”
Detailed findings for HealthCare.gov states through December 15:
More than 3.4 million people selected a plan through December 15 in the 37 states that are using the HealthCare.gov platform for 2015, including Oregon and Nevada. Of those:
87 percent selected a plan with financial assistance compared to 80 percent in the early months of the first open enrollment period.
33 percent were under 35 years of age compared to 29 percent in the early months of the first open enrollment period.
Nearly 1 million consumers selected a plan in the three days leading up to December 15. That is almost one third (28 percent) of total plan selections from November 15 through December 15.
Of the 3.4 million plan selections, 48 percent (1.6 million) reenrolled in a Marketplace plan and 52 percent (1.8 million) signed up for the first time.
The most recent Weekly Enrollment Snapshot with data available through December 26 can be found here.
Detailed findings for the 14 states using state based Marketplace enrollment platforms:
More than 600,000 consumers selected plans in the 14 states that are operating their own Marketplace platform for 2015. That includes:
161,752 Marketplace plan selections in two states reporting only data for new consumers (California and New York);
153,011 Marketplace plan selections in seven states reporting data on new consumers and consumers actively reenrolling in Marketplace coverage (Colorado, District of Columbia, Hawaii, Maryland, Massachusetts, Minnesota, and Rhode Island); and
318,075 Marketplace plan selections in five states reporting data on new enrollees, consumers actively reenrolling in Marketplace coverage, and automatic reenrollees (Connecticut, Idaho, Kentucky, Vermont, and Washington).
The information contained in this report provides the most systematic summary of enrollment-related activity in the Marketplaces to date. Data for the various metrics are counted using comparable definitions for data elements across states and Marketplace types. But because many states extended their plan selection deadlines for January 1 coverage, the report does not include the full count of consumers who will have selected coverage that begins Jan. 1, 2015.
Open Enrollment in the Marketplace runs from Nov. 15, 2014, through Feb. 15, 2015. Consumers should visit HealthCare.gov to review and compare health plan options. Consumers shopping for health insurance coverage should sign up by Jan. 15, 2015, in order to have coverage effective on Feb. 1, 2015. If consumers who were automatically reenrolled decide in the coming weeks that a better plan exists for their families, they can make that change at any time before the end of open enrollment on February 15.
AFGHANISTAN: COMBAT MISSION ENDS BUT, ASSISTANCE CONTINUES
FROM: U.S. DEFENSE DEPARTMENT
℠2014 - U.S. forces will continue to assist counterparts in Afghanistan.
Tuesday, December 30, 2014
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