Avon China Pleads Guilty to Over $8 Million in Gifts to Chinese Officials – Will Pay More than $135 Million in Regulatory Penalties
Avon Products (China) Co. Ltd. (Avon China), a wholly owned subsidiary of the New York-based cosmetics company, Avon Products Inc. (Avon), pleaded guilty today to conspiring to violate the accounting provisions of the Foreign Corrupt Practices Act (FCPA) to conceal more than $8 million in gifts, cash and non-business meals, travel and entertainment it gave to Chinese government officials in order to obtain and retain business benefits for Avon China. Avon China and Avon admitted the improper accounting and payments and Avon entered into a deferred prosecution agreement to resolve the investigation. In a proceeding today before United States District Judge George B. Daniels, the criminal Informations were filed against Avon and Avon China, and Avon China entered its guilty plea and was sentenced.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Preet Bharara of the Southern District of New York and Assistant Director in Charge Andrew G. McCabe of the FBI’s Washington Field Office made the announcement.
“Companies that cook their books to hide improper payments will face criminal penalties, as Avon China’s guilty plea demonstrates,” said Assistant Attorney General Caldwell. “Public companies that discover bribes paid to foreign officials, fail to stop them, and cover them up do so at their own peril.”
“For years in China it was ‘Avon calling,’ as Avon bestowed millions of dollars in gifts and other things on Chinese government officials in return for business benefits,” said U.S. Attorney Bharara. “Avon China was in the door-to-door influence-peddling business, and for years its corporate parent, rather than putting an end to the practice, conspired to cover it up. Avon has now agreed to adopt rigorous internal controls and to the appointment of a monitor to ensure that reforms are instituted and maintained.”
“When corporations knowingly engage in bribery in order to obtain and retain contracts, it disrupts the level playing field to which all businesses are entitled,” said FBI Assistant Director in Charge McCabe. “Companies who attempt to advance their businesses through foreign bribery should be on notice. The FBI, with our law enforcement partners, is continuing to push this unacceptable practice out of the business playbook by investigating companies who ignore the law.”
Avon China pleaded guilty to a criminal information filed today in the U.S. District Court for the Southern District of New York charging the company with conspiring to violate the books and records provisions of the FCPA. Avon, the parent company, entered into a deferred prosecution agreement today and admitted its criminal conduct, including its role in the conspiracy and its failure to implement internal controls. Pursuant to the deferred prosecution agreement, the department filed a criminal information charging Avon with conspiring to violate the books and records provisions of the FCPA and violating the internal controls provisions of the FCPA. In total, the Avon entities will pay $67,648,000 in criminal penalties. Avon also agreed to implement rigorous internal controls, cooperate fully with the department and retain a compliance monitor for at least 18 months.
Avon settled a related FCPA matter with the U.S. Securities and Exchange Commission (SEC) today, and will pay an additional $67,365,013 in disgorgement and prejudgment interest, bringing the total amount of U.S. criminal and regulatory penalties paid by Avon and Avon China to $135,013,013.
According to the companies’ admissions, from at least 2004 through 2008, Avon and Avon China conspired to falsify Avon’s books and records by falsely describing the nature and purpose of certain Avon China transactions. Specifically, the companies sought to disguise over $8 million in gifts, cash and non-business travel, meals and entertainment that Avon China executives and employees gave to government officials in China in order to obtain and retain business benefits for Avon China. Avon China attempted to disguise the payments and benefits through various means, including falsely describing the nature or purpose of, or participants associated with such expenses, and falsely recording payments to a third party intermediary as payments for legitimate consulting services.
The companies also admitted that in late 2005 Avon learned that Avon China was routinely providing things of value to Chinese government officials and failing to properly document them. Instead of ensuring the practice was halted, fixing the false books and records, disciplining the culpable individuals, and implementing appropriate controls to address this problem, the companies took steps to conceal the conduct, despite knowing that Avon China’s books and records, and ultimately Avon’s books and records, would continue to be inaccurate.
Court filings acknowledge Avon’s cooperation with the department, including conducting an extensive internal investigation, voluntarily making U.S. and foreign employees available for interviews, and collecting, analyzing, translating and organizing voluminous evidence.
The case is being investigated by the FBI’s Washington Field Office, and prosecuted by Senior Trial Attorney Laura Perkins of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Sarah Paul of the Southern District of New York. The Justice Department expresses its appreciation for the significant assistance provided by the SEC’s Division of Enforcement in this investigation.
Williams-Sonoma Agrees to Pay $700,000 Civil Penalty for Failure to Report Defective Pottery Barn Kids Roman Shades
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) announced today that Williams-Sonoma, Inc., of San Francisco, Calif., has agreed to pay a $700,000 civil penalty.
The agreement resolves CPSC staff’s charges that the firm knowingly failed to report to CPSC immediately, as required by federal law, a defect involving Pottery Barn Kids Roman shades with exposed inner cords. Williams-Sonoma sold the Roman shades nationwide, through its Pottery Barn Kids brand, between January 2003 and November 2007, for $30 to $60. CPSC staff charged that the Pottery Barn Kids Roman shades posed a strangulation hazard to young children.
By the time that Williams-Sonoma filed its full report with CPSC, seven consumers had reported that children had become entangled on the inner cords of the Pottery Barn Kids Roman shades. Williams-Sonoma ultimately recalled approximately 85,000 of the Roman shades in cooperation with CPSC.
Federal law requires manufacturers, distributors, and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety requirement enforced by CPSC.
Williams-Sonoma has agreed to continue to maintain the compliance program and system of internal controls referenced in an earlier civil penalty settlement with CPSC, designed to ensure compliance with the safety statutes and regulations enforced by the Commission.
In agreeing to the settlement, Williams-Sonoma neither admits nor denies CPSC staff’s charges.
The penalty agreement (pdf) has been accepted provisionally by the Commission in a 4-1 vote.
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death associated with the use of thousands of types of consumer products under the agency’s jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $1 trillion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical or mechanical hazard. CPSC’s work to help ensure the safety of consumer products – such as toys, cribs, power tools, cigarette lighters and household chemicals -– contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 40 years.
Federal law bars any person from selling products subject to a publicly-announced voluntary recall by a manufacturer or a mandatory recall ordered by the Commission.
Justice Department and City of Cleveland Agree to Reform Division of Police After Finding a Pattern of Excessive Force
Attorney General Eric Holder announced today that the Justice Department’s civil rights investigation into the use of force by the Cleveland Division of Police has found a pattern or practice of unreasonable and unnecessary use of force. To address these findings the Justice Department and the city of Cleveland have signed a statement of principles committing them to develop a court enforceable consent decree that will include a requirement for an independent monitor who will oversee and ensure necessary reforms.
“Accountability and legitimacy are essential for communities to trust their police departments, and for there to be genuine collaboration between police and the citizens they serve,” said Attorney General Eric Holder. “Although the issues in Cleveland are complex, and the problems longstanding, we have seen in city after city where we have been engaged that meaningful change is possible. There are real, practical and concrete measures that can be taken to ensure not only that police services are delivered in a constitutional manner, but that promote public safety, officer safety, confidence and collaboration, transparency, and legitimacy.”
The investigation, launched in March, 2013, assessed use of force practices of the Cleveland Division of Police following a number of high profile use of force incidents and requests from the community and local government to investigate the division. The investigation concluded that there is reasonable cause to believe that Cleveland police officers engage in a pattern or practice of unreasonable and in some cases unnecessary force in violation of the Fourth Amendment of the Constitution. That pattern or practice includes:
The unnecessary and excessive use of deadly force, including shootings and head strikes with impact weapons;
The unnecessary, excessive or retaliatory use of less lethal force including Tasers, chemical spray and fists;
Excessive force against persons who are mentally ill or in crisis, including in cases where the officers were called exclusively for a welfare check; and
The employment of poor and dangerous tactics that place officers in situations where avoidable force becomes inevitable.
After determining that a pattern or practice of unconstitutional conduct exists, the investigation assessed the causes for the pattern and developed recommended remedial action. The investigation concluded that Cleveland officers are not provided with adequate training, policy guidance, support, and supervision. Additionally, systems of review that would identify problems and correct institutional weaknesses and provide individual accountability are seriously deficient. The investigation found that division fails to:
Adequately review and investigate officers’ uses of force;
Fully and objectively investigate all allegations of misconduct;
Identify and respond to patterns of at-risk behavior;
Provide its officers with the support, training, supervision, and equipment needed to allow them to do their jobs safely and effectively;
Adopt and enforce appropriate policies; and
Implement effective community policing strategies.
The investigation also found that this pattern of excessive force has eroded public confidence in the police. The trust between the Cleveland Division of Police and many of the communities it serves is broken. As a result, public safety suffers and the job of delivering police services is more difficult and more dangerous. Throughout the investigation, the Department of Justice provided its observations and concerns to the city, and in response, the division has begun to implement a number of remedial measures, however much more work is needed. This afternoon Attorney General Eric Holder, Acting Assistant Attorney General Vanita Gupta and U.S. Attorney Steven Dettelbach will host a joint meeting with community leaders, law enforcement officials and elected officials to discuss how to improve their working relationship and address the problems and challenges identified by the Department of Justice.
“We look forward to working together with the city of Cleveland, members of the Cleveland community and Cleveland police officers to address the deficiencies that have led to this pattern of unnecessary and excessive force,” said Acting Assistant Attorney General Gupta. “Together, we can build confidence in the division that will ensure compliance with the Constitution, improve public safety and make the job of delivering police services safer and more effective.”
“Our independent investigation, conducted at the request of the Mayor and others, revealed troubling patterns of the use of force in the Cleveland Division of Police,” said U.S. Attorney Dettelbach. “We applaud the division and the city for beginning to implement necessary reforms and are pleased that the city has entered into a statement of principles agreeing to negotiate a consent decree with outside monitoring that will guide the development of a sustainable blueprint for reform. It will take a joint effort by all stakeholders to ensure that this critical initiative is a success.”
The investigation was conducted jointly by the Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for the Northern District of Ohio. The investigation involved an in-depth review of thousands of pages of documents, including written policies and procedures, training materials, and internal reports, data, video footage and investigative files. Department of Justice attorneys and investigators also conducted interviews with officers, supervisors and command staff, and city officials; and spoke with hundreds of community members and local advocates. This investigation was separate from any criminal investigation of any specific incident of alleged misconduct.
Rite Aid Corporation Pays $2.99 Million for Alleged Use of Gift Cards to Induce Medicare and Medicaid Business
Rite Aid Corporation, a Delaware corporation and national retail drugstore chain with its principal place of business in Camp Hill, Pennsylvania, has paid the United States $2.99 million to resolve allegations that it violated the False Claims Act by inappropriately using gift cards as inducements, the Department of Justice announced today.
The settlement resolves allegations that Rite Aid offered illegal inducements to Medicare and Medicaid beneficiaries to transfer their prescriptions to Rite Aid pharmacies. The government alleged that from 2008 to 2010, Rite Aid had knowingly and improperly influenced the decisions of Medicare and Medicaid beneficiaries to transfer their prescriptions to Rite Aid pharmacies by offering them gift cards in exchange for their business.
“This case demonstrates the government’s ongoing commitment to enforcing accountability, transparency and fairness in the retail pharmacy industry,” said Acting Assistant Attorney General Joyce R. Branda for the Civil Division. “The government will continue to advocate for the best interests of Medicare and Medicaid patients, and prevent pharmacies from improperly manipulating their healthcare choices.”
“This settlement holds Rite Aid accountable for exerting undue influence on individuals when they make important healthcare decisions about where and when to fill prescriptions,” said Acting U.S. Attorney Stephanie Yonekura for the Central District of California. “Corporate profit should never steer an individual away from making the right healthcare decision.”
“Pharmacies are not allowed to improperly influence the decision-making of Medicare and Medicaid patients about where to fill prescriptions,” said Special Agent in Charge Glenn R. Ferry for the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “Pharmacy chains that manipulate patient choices in this way will be held accountable.”
The settlement resolves allegations filed by Jack Chin under the qui tam, or whistleblower provisions of the False Claims Act, which authorizes private parties to sue for fraud on behalf of the United States and share in the recovery. Chin will receive approximately $508,300 of the settlement.
This settlement 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 case was investigated jointly by the Commercial Litigation Branch of the Civil Division, the U.S. Attorney’s Office for the Central District of California, the National Association of Medicaid Fraud Control Units and HHS-OIG.
The claims settled by today’s agreement are allegations only and there has been no determination of liability.
Ongoing Situation in Ferguson, Missouri – Statement by Attorney General Eric Holder
Attorney General Eric Holder made the following statement today on the ongoing situation in Ferguson, Missouri.
“Good afternoon. I have been briefed by members of the Justice Department and I wanted to provide a brief update of the Justice Department’s ongoing efforts arising from the events in Ferguson, Missouri. I’ve been briefed today by the COPS director, Ron Davis, Principal Deputy Associate Attorney General Molly Moran, Deputy Assistant Attorney General Mark Kappelhoff and members of my staff, all of whom are here with me now.
“They are overseeing the federal investigations into the shooting of Michael Brown as well as the investigation that we are doing of the Ferguson Police Department. I want to emphasize that we have two investigations that are ongoing. As I’ve said many times before and reiterated in my statement last night, the department’s investigations will continue to be thorough, they will continue to be independent and they remain ongoing. They will be conducted rigorously and in a timely manner so we can move forward as expeditiously as we can to restore trust, to rebuild understanding and to foster cooperation between law enforcement and community members.
“Last night and throughout the day, I have been briefed on events in and around Ferguson. I was disappointed that some members of the community resorted to violence rather than respecting what I thought were the really heartfelt words of Michael Brown Sr. and the wishes he expressed about how he wanted his son’s memory to be honored with nonviolence. It is clear that acts of violence threaten to drown out those that have legitimate voices, legitimate demonstrators and those acts of violence cannot and will not be condoned.
“By contrast, I’m very encouraged that some of the more peaceful demonstrations last night as well as today have occurred and have been in keeping with Mr. Brown’s request. I would remind demonstrators of our history that those, the way in which we have made progress in this country is when we have seen peaceful, nonviolent demonstrations that has led to the change that has been the most long lasting and the most pervasive.
“I’ve asked the COPS director, Ron Davis, to continue to confer with local law enforcement and to conduct an after action review so we can develop strategies for identifying and isolating the criminal elements from peaceful protesters. Additionally, I have instructed department officials to continue to make contact with leaders of the peaceful protesters and to seek their assistance in isolating those individuals who are inclined towards violence. We’ve had a good ongoing dialogue with peaceful demonstrators in Ferguson. I’ve been very heartened to hear about the good work that our community relations service has done as well as people under Mark in particular. And I’ve instructed them to maintain those levels of communications and keep those avenues of communications open.
“I really embrace those who have been proactively intervening to stop acts of violence within their midst and I encourage them to continue to exercise this important leadership. I know that that is not an easy thing to do but it was very heartening to hear about people last night trying to stop those other people who were trying to loot and trying to destroy businesses and burn things. Those people who took it upon themselves to try to stop those kinds of things are in fact heroes in my mind.
“Michael Brown’s tragic death has revealed a deep distrust between some in the Ferguson community and its police force. It also developed a need to develop and widely disseminate law enforcement best practices for responding to public demonstrations. The Department of Justice has begun this work and will continue to work with communities around the country in this regard. The reality is that what we see in Ferguson is not restricted to Ferguson. There are other communities around this country that have these same issues that have to be dealt with and we at the Justice Department are determined to do all that we can to bridge those divides. We launched in September our Building Communities of Trust initiative to provide training to law enforcement and communities on bias reduction and procedural fairness and we plan to apply evidence-based strategies in the five pilot sites around the country. This is all designed to bridge those divides, bridge those gaps between law enforcement and the communities that they serve. These gaps, these divides exist in other parts of the country beyond Ferguson and our focus will be nationally in its scope to try to deal ultimately with these issues. We will continue to advance this work, as I said, around the country in the coming weeks and months by bringing together elected officials, law enforcement officials and community leaders both to ensure dialogue but also action. This isn’t just about talking. We want to ensure that concrete steps are taken to address these underlying barriers to trust.
“I briefed the president today in the Oval Office about the situation in Ferguson, shared with him the perspectives of people in law enforcement and Justice Department officials who are there on the ground. We talked about programmatic issues that we want to announce relatively soon and also about the need to bring our people together. This is a difficult time for people in Ferguson. It’s a difficult time for people in our country. It’s an opportunity for us to find those things that bind us as a nation, to be honest with one another about those things that continue to divide us and come up with ways in which we make this union even more perfect. So that’s what I talked about with the President. He is committed to this effort as are the men and women of the United States department of justice. Thanks very much.”
“We Were Strangers Once, Too”: The President Announces New Steps on Immigration
Since the founding of our nation, we've weaved a tradition of welcoming immigrants into the very fabric of who we are. It's what keeps us dynamic, entrepreneurial, and uniquely American.
But, as we know all too well, America's immigration system is broken. So tonight, President Obama addressed the nation on the executive actions he is taking to help fix what he can:
1. We will build on our progress at the border with additional resources for our law enforcement personnel.
Today, we have more agents and technology deployed to secure our southern border than at any time in our history. And over the past six years, illegal border crossings have been cut by more than half. Although this summer, there was a brief spike in unaccompanied children being apprehended at our border, the number of such children is now actually lower than it’s been in nearly two years. Overall, the number of people trying to cross our border illegally is at its lowest level since the 1970s. Those are the facts.
2. We will make it easier and faster for high-skilled immigrants, graduates, and entrepreneurs to stay and contribute to our economy, as so many business leaders have proposed.
3. We will take steps to deal responsibly with the millions of undocumented immigrants who already live in our country.
Read more about the details of the President's actions at WhiteHouse.gov/Immigration-Action.
Families who enter our country the right way and play by the rules watch others flout the rules. Business owners who offer their workers good wages and benefits see the competition exploit undocumented immigrants by paying them far less. All of us take offense to anyone who reaps the rewards of living in America without taking on the responsibilities of living in America. And undocumented immigrants who desperately want to embrace those responsibilities see little option but to remain in the shadows, or risk their families being torn apart.
We are a nation of immigrants, and we are a nation of laws. We must hold accountable those who broke the law, while understanding that the mass deportation of millions of Americans is neither possible nor in keeping with who we are as Americans. That is why the President is focusing enforcement resources on actual threats to our security: "Felons, not families. Criminals, not children. Gang members, not a mom who's working hard to provide for her kids."
"I continue to believe that the best way to solve this problem is by working together to pass that kind of common-sense law."
So here is the deal the President put forward tonight:
If you’ve been in America for more than five years; if you have children who are American citizens or legal residents; if you register, pass a criminal background check, and you’re willing to pay your fair share of taxes -- you’ll be able to apply to stay in this country temporarily, without fear of deportation. You can come out of the shadows and get right with the law.
Here is what this deal is not: Amnesty. Amnesty is the immigration system we have now, in which millions of people live here without paying their taxes or playing by the rules, and politicians use this issue to scare and divide Americans.
That's the real amnesty -- leaving this broken system the way it is. Mass amnesty would be unfair. Mass deportation would be both impossible and contrary to our character. What I’m describing is accountability -- a common-sense, middle ground approach: If you meet the criteria, you can come out of the shadows and get right with the law. If you’re a criminal, you’ll be deported. If you plan to enter the U.S. illegally, your chances of getting caught and sent back just went up.
The best and most definitive way to fix the system is to pass comprehensive and common-sense immigration reform in Congress. Last year, 68 Democrats, Republicans, and independents in the Senate came together to do just that. That bipartisan bill would have doubled the number of Border Patrol agents; given undocumented immigrants a pathway to citizenship if they pay a fine, start paying taxes, and go to the back of the line; and boosted our economy while shrinking the deficit.
"What makes us Americans is our shared commitment to an ideal -- that all of us are created equal, and all of us have the chance to make of our lives what we will."
But more than 500 days later, Republicans in the House continue to block the bipartisan bill from a vote. "Had the House of Representatives allowed that kind of a bill a simple yes-or-no vote, it would have passed with support from both parties, and today it would be the law," the President noted.
So the President had to act, just as every president since President Eisenhower has over this last half century.
To those Members of Congress who question my authority to make our immigration system work better, or question the wisdom of me acting where Congress has failed, I have one answer: Pass a bill.
At the heart of the President's actions is a commitment to who we are as a nation. We are a nation that values families and works together to keep them together. We are a nation that educates the world's best and brightest, and encourages them to stay and create jobs here.
We are a nation that welcomes the tired, the poor, and the huddled weary who yearn to breathe free and build a better life for their children.
As the President said:
Scripture tells us that we shall not oppress a stranger, for we know the heart of a stranger -- we were strangers once, too.
My fellow Americans, we are and always will be a nation of immigrants. We were strangers once, too. And whether our forebears were strangers who crossed the Atlantic, or the Pacific, or the Rio Grande, we are here only because this country welcomed them in, and taught them that to be an American is about something more than what we look like, or what our last names are, or how we worship. What makes us Americans is our shared commitment to an ideal – that all of us are created equal, and all of us have the chance to make of our lives what we will.
Treasury Sanctions Political Spoilers Threatening the Peace, Security and Stability of Yemen
WASHINGTON – The U.S. Department of the Treasury today sanctioned the former President of Yemen, Ali Abdullah Saleh, and two military commanders affiliated with the Huthi group, Abdullah Yahya al-Hakim and Abd al-Khaliq al-Huthi, pursuant to Executive Order (E.O.) 13611 for engaging in acts that directly or indirectly threaten the peace, security, or stability of Yemen.
This action was taken in conjunction with the unanimous United Nations (UN) Security Council action on November 7, 2014 to sanction these three individuals under Security Council Resolution (UNSCR) 2140. These three individuals have, using violence and other means, undermined the political process in Yemen and obstructed the implementation of its political transition, outlined by the agreement of November 23, 2011, also known as the Gulf Cooperation Council (GCC) Initiative, which provides for a peaceful transition of power in Yemen.
All of Yemen’s communities have important roles to play in working peacefully to implement the September 21 Peace and National Partnership Agreement, the recommendations of the National Dialogue Conference, and the GCC Initiative. This action, which specifically targets three individuals who have used or supported violence and military means to achieve their political aims, underscores the United States’ firm commitment to support the people of Yemen in their political transition process, despite the recent setbacks.
“The U.S. government and the international community fully support Yemen as it works to implement its economic reform agenda, achieve effective governance, and secure a more representative future,” said Undersecretary for Terrorism and Financial Intelligence David S. Cohen. “We will hold accountable anyone who threatens the stability of Yemen and the efforts of the Yemeni people to accomplish a peaceful political transition.”
Signed on May 16, 2012, E.O. 13611 authorizes the Secretary of the Treasury, in consultation with the Secretary of State, to sanction those who have engaged in acts that threaten the peace, security, or stability of Yemen; are political or military leaders of an entity engaging in such acts; have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, such acts; or are owned or controlled by, or have acted or claimed to act for or on behalf of any person whose property or interest in property is blocked pursuant to E.O. 13611. This action today is the Treasury Department’s first action sanctioning persons under E.O. 13611. As a result of today’s action, all assets of those designated that are located in the United States or are in the control of U.S. persons are frozen, and U.S. persons are generally prohibited from engaging in transactions with them.
UNSCR 2140, adopted unanimously on February 26, 2014, reaffirms the Security Council’s strong commitment to the unity, sovereignty, independence and territorial integrity of Yemen, and establishes a mechanism for imposing relevant financial sanctions and travel ban measures. The UN Security Council’s designation of Saleh, al Hakim, and al-Huthi on November 7, 2014 for undermining the political transition of Yemen was pursuant to UNSCR 2140.
Ali Abdullah Saleh
Per the November 23, 2011 agreement, backed by the GCC, Ali Abdullah Saleh stepped down as President of Yemen after more than 30 years.
As of fall 2012, Saleh had reportedly become one of the primary supporters of violence perpetrated by individuals affiliated with the Huthi group. More recently, as of September 2014, Saleh reportedly has been destabilizing Yemen by using others to undermine the central government and create enough instability to threaten a coup. According to a September 2014 report by the United Nations Panel of Experts for Yemen, interlocutors alleged that Saleh supports violent actions of some Yemenis by providing them with funds and political support, as well as ensuring that others continue to contribute to the destabilization of Yemen through various means. Clashes in the south of Yemen in February 2013 were a result of the efforts of Saleh, Al-Qa’ida in the Arabian Peninsula, and key southern secessionist ‘Ali Salim al-Bayd to cause trouble before the March 18, 2013 National Dialogue Conference in Yemen.
Abdullah Yahya al Hakim
Abdullah Yahya al Hakim has engaged in acts that threaten the peace, security, or stability of Yemen.
In June 2014, al Hakim was implicated in plotting a coup against Yemeni President Hadi. In a meeting aimed to coordinate efforts to take over Sana’a, Yemen’s capital, al Hakim met with military and security commanders, tribal chieftains, and leading partisan figures loyal to former Yemeni President Saleh.
In an August 29, 2014 public statement, the President of the UN Security Council stated that the Council condemned the actions of forces commanded by al Hakim, who overran Amran, Yemen, including the Yemeni Army Brigade headquarters on July 8, 2014. Al Hakim led the violent July 2014 takeover of the Amran Governorate and was the military commander responsible for making decisions regarding ongoing conflicts in the Amran Governorate and Hamdan, Yemen.
As of early September 2014, al Hakim remained in Sana’a to oversee combat operations in case fighting began. His role was to organize military operations so as to be able to topple the Yemeni government, and he was also responsible for securing and controlling all routes in and out of Sana’a.
Abd al-Khaliq al-Huthi
Abd al-Khaliq al-Huthi has engaged in acts that threaten the peace, security, or stability of Yemen. In late October 2013, al-Huthi led a group of fighters dressed in Yemeni military uniforms in an attack on locations in Dimaj, Yemen. The ensuing fighting resulted in multiple deaths. On August 30, 2014, al-Huthi coordinated to move weapons from Amran to a protest camp in Sana’a. In late September 2014, an unknown number of unidentified fighters allegedly were prepared to attack diplomatic facilities in Sana’a upon receiving orders from al-Huthi.
TRUSTe Settles FTC Charges it Deceived Consumers Through Its Privacy Seal Program
TRUSTe, Inc., a major provider of privacy certifications for online businesses, has agreed to settle Federal Trade Commission charges that it deceived consumers about its recertification program for company’s privacy practices, as well as perpetuated its misrepresentation as a non-profit entity.
TRUSTe provides seals to businesses that meet specific requirements for consumer privacy programs that it administers. TRUSTe seals assure consumers that businesses’ privacy practices are in compliance with specific privacy standards like the Children’s Online Privacy Protection Act (COPPA) and the U.S.-EU Safe Harbor Framework.
“TRUSTe promised to hold companies accountable for protecting consumer privacy, but it fell short of that pledge,” said FTC Chairwoman Edith Ramirez. “Self-regulation plays an important role in helping to protect consumers. But when companies fail to live up to their promises to consumers, the FTC will not hesitate to take action.”
The FTC’s complaint alleges that from 2006 until January 2013, TRUSTe failed to conduct annual recertifications of companies holding TRUSTe privacy seals in over 1,000 incidences, despite providing information on its website that companies holding TRUSTe Certified Privacy Seals receive recertification every year.
In addition, the FTC’s complaint alleges that since TRUSTe became a for-profit corporation in 2008, the company has failed to require companies using TRUSTe seals to update references to the organization’s non-profit status. Before converting from a non-profit to a for-profit, TRUSTe provided clients model language describing TRUSTe as a non-profit for use in their privacy policies.
The proposed order announced today will help ensure that TRUSTe maintains a high standard of consumer protection going forward. Under the terms of its settlement with the FTC, TRUSTe will be prohibited from making misrepresentations about its certification process or timeline, as well as being barred from misrepresenting its corporate status or whether an entity participates in its program. In addition, TRUSTe must not provide other companies or entities the means to make misrepresentations about these facts, such as through incorrect or inaccurate model language.
The settlement also requires the company in its role as a COPPA safe harbor to provide detailed information about its COPPA-related activities in its annual filing to the FTC, as well as maintaining comprehensive records about its COPPA safe harbor activities for ten years. Each of these provisions represents an increase in the reporting requirements laid out under the COPPA rule for safe harbor programs. The company must also pay $200,000 as part of the settlement.
The Commission vote to accept the proposed consent agreement for public comment was 5-0. Chairwoman Ramirez, Commissioner Brill, and Commissioner McSweeny issued a joint supporting statement and Commissioner Ohlhausen issued a statement partially dissenting. The FTC will publish a description of the consent agreement package in the Federal Register shortly. The agreement will be subject to public comment for 30 days, beginning today and continuing through Dec. 17, 2014, after which the Commission will decide whether to make the proposed consent order final. Interested parties can submit comments electronically by following the instructions in the “Invitation To Comment” part of the “Supplementary Information” section.
NOTE: The Commission issues an administrative complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $16,000.
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United States Reaches Settlement with Hyundai And Kia in a Historic Greenhouse Gas Enforcement Case
The Department of Justice and the U.S. Environmental Protection Agency (EPA) today announced a historic settlement with the automakers Hyundai and Kia that will resolve alleged Clean Air Act violations based on their sale of close to 1.2 million vehicles that will emit approximately 4.75 million metric tons of greenhouse gases in excess of what the automakers certified to EPA.
The automakers will pay a $100 million civil penalty, the largest in Clean Air Act history, to resolve violations concerning the testing and certification of vehicles sold in America and spend approximately $50 million on measures to prevent any future violations. Hyundai and Kia will also forfeit 4.75 million greenhouse gas emission credits that the companies previously claimed, which are estimated to be worth over $200 million. Automakers earn greenhouse gas emissions credits for building vehicles with lower emissions than required by law. These credits can be used to offset emissions from less fuel efficient vehicle models or sold or traded to other automakers for the same purpose. The greenhouse gas emissions that the forfeited credits would have allowed are equal to the emissions from powering more than 433,000 homes for a year.
“This unprecedented resolution with Hyundai and Kia underscores the Justice Department’s firm commitment to safeguarding American consumers, ensuring fairness in every marketplace, protecting the environment, and relentlessly pursuing companies that make misrepresentations and violate the law,” said Attorney General Eric Holder. “This type of conduct quite simply will not be tolerated. And the Justice Department will never rest or waver in our determination to take action against any company that engages in such activities – whenever and wherever they are uncovered.”
“Greenhouse gas emission laws protect the public from the dangers of climate change, and today’s action reinforces EPA’s commitment to see those laws through,” said EPA Administrator Gina McCarthy. “Businesses that play by the rules shouldn’t have to compete with those breaking the law. This settlement upholds the integrity of the nation’s fuel economy and greenhouse gas programs and supports all Americans who want to save fuel costs and reduce their environmental impact.”
The complaint was filed today jointly by the United States and the California Air Resources Board in the U.S. District Court for the District of Columbia. It alleges that the car companies sold close to 1.2 million cars and SUVs from model years 2012 and 2013 whose design specifications did not conform to the specifications the companies certified to EPA, which led to the misstatements of greenhouse gas emissions. These allegations concern the Hyundai Accent, Elantra, Veloster and Santa Fe vehicles and the Kia Rio and Soul vehicles.
Additionally Hyundai and Kia gave consumers inaccurate information about the real-world fuel economy performance of many of these vehicles. Hyundai and Kia overstated the fuel economy by one to six miles per gallon, depending on the vehicle. Similarly, they understated the emissions of greenhouse gases by their fleets by approximately 4.75 million metric tons over the estimated lifetime of the vehicles.
In order to reduce the likelihood of future vehicle greenhouse gas emission miscalculations, Hyundai and Kia have agreed to reorganize their emissions certification group, revise test protocols, improve management of test data and enhance employee training before they conduct emissions testing to certify their model year 2017 vehicles. In the meantime, Hyundai and Kia must audit their fleets for model years 2015 and 2016 to ensure that vehicles sold to the public conform to the description and data provided to EPA.
EPA discovered these violations in 2012 during audit testing. Subsequent investigation revealed that Hyundai’s and Kia’s testing protocol included numerous elements that led to inaccurately higher fuel economy ratings. In processing test data, Hyundai and Kia allegedly chose favorable results rather than average results from a large number of tests.
In November 2012, Hyundai and Kia responded to the EPA’s findings by correcting the fuel economy ratings for many of their 2011, 2012 and 2013 model year vehicles and establishing a reimbursement program to compensate owners for increased fuel costs due to overstated fuel economy.
This case involves five different entities: Hyundai Motor Company, Hyundai Motor America, Kia Motors Corporation, Kia Motors America and Hyundai America Technical Center Inc.
The California Air Resources Board joined the United States as a co-plaintiff in this settlement, and will receive $6,343,400 of the $100 million civil penalty.
The proposed consent decree is subject to a 30-day public comment period and court review and approval. A copy of the consent decree is available on the Department of Justice website at www.justice.gov/enrd/Consent_Decrees.html.
President Obama and APEC on ‘Leading the Fight Against Corruption and Bribery’
Today, President Obama and APEC Leaders agreed to elevate their efforts in fighting corruption and bribery across the Asia-Pacific region. Leaders encouraged APEC Member Economies to enhance cross-border cooperation in combating public corruption, business bribery, money laundering, and illicit trade. The creation of a new network of anticorruption authorities and law enforcement agencies (ACT-NET) will support these actions and reinforces APEC’s overall efforts to spur economic growth and greater investment and trade across all economies.
Anti-Bribery and Corporate Compliance
APEC Leaders also adopted the APEC Principles on the Prevention of Bribery and Enforcement of Anti-Bribery Laws, and APEC General Elements of Effective Voluntary Corporate Compliance Programs. The new principles to prevent bribery and improve the enforcement of economies’ domestic and foreign bribery laws will enhance APEC economies’ compliance with their respective international commitments and help to level the playing field for U.S. companies engaged in international business.
Adopting the APEC Principles will illustrate to our citizens and the world APEC’s commitment to preventing, detecting and effectively prosecuting foreign bribery, and recovering the corrupt proceeds of such offenses. Similarly, adopting the APEC General Elements of Effective Voluntary Corporate Compliance Programs will reinforce the strong message to the business community that the private sector has an important role to play, and provide valuable guidance to our businesses on how to expose corruption.
Business Ethics for Small and Medium Enterprises
APEC Ministers have also endorsed three sets of APEC principles for voluntary codes of ethics in sectors where SMEs are the major stakeholders with a view towards their adoption across APEC economies. Corruption imposes a significant market access barrier and high costs particularly for SMEs, which can be disproportionately impacted by bribery and solicitation, resulting in a net drain on economic growth. The United States worked closely with APEC economies in developing the voluntary ethics principles and is now conducting a series of workshops with APEC trading partners to implement them. The first SME Business Ethics Forum was held in Nanjing, China in September 2014, to highlight accomplishments, including the adoption of 18 new industry association codes across 9 APEC member economies. Participants issued the Nanjing Declaration to Promote Ethical Business Environments in the Medical Device and Biopharmaceutical Sectors for SMEs which calls on APEC member economies to double the number of codes for the healthcare sector between 2012 and 2015. A similar event was held in September in Manila, with focus on the construction and engineering sector.
U.S. Foreign Corrupt Practices Act
The Obama Administration, following long-standing U.S. efforts, takes a firm stand against public corruption within the United States and abroad with respect to American and other companies that engage in bribing foreign officials to obtain or retain business.
Through the enforcement of the U.S. Foreign Corrupt Practices Act (FCPA), and our Kleptocracy Asset Recovery Initiative, the Attorney General of the U.S. Department of Justice and our other law enforcement and regulatory agencies have vigorously pursued bribe payers of all stripes: large corporations and small companies; powerful CEOs and frontline sales agents; U.S. and foreign companies; citizens and foreign nationals; direct payers and intermediaries.
President Obama and the U.S. Government continue to drive a robust agenda to prevent and prosecute corruption around the world to hold accountable those who exploit the public’s trust for private gain. Preventing corruption preserves funds for public revenue and thereby helps drive development and economic growth. By contrast, pervasive corruption siphons revenue away from the public budget and undermines the rule of law and the confidence of citizens in their governments. It also facilitates human rights abuses and organized crime, empowers kleptocracies, and can threaten the stability of entire regions. The United States views corruption as a growing threat to the national security of our country and allies around the world.
International Cooperation in other Fora
Through these and other longstanding efforts, the United States remains a global leader on anticorruption. The United States was a leader in developing fundamental international legal frameworks such as the United Nations Convention against Corruption, the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions negotiated at the Organization for Economic Cooperation and Development (OECD) and the global architecture for international legal cooperation in areas such as asset recovery and denial of entry. The United States continues to lead in providing funding for capacity building to fight corruption and promote good governance.
Three Subsidiaries of the World’s Largest Fertilizer Producer to Reduce Harmful Air Emissions at Eight Production Plants
In a settlement with the United States, three subsidiaries of the Potash Corporation of Saskatchewan (PCS), the world’s largest fertilizer producer, will take steps to reduce harmful air emissions at eight U.S. production plants, the U.S. Environmental Protection Agency (EPA) and Department of Justice announced today. The settlement resolves claims that these PCS subsidiaries violated the Clean Air Act when they modified facilities in ways that released excess sulfur dioxide into surrounding communities.
The settlement requires PCS Nitrogen Fertilizer, AA Sulfuric Inc., and White Springs Agricultural Chemicals Inc. to install, upgrade and operate state-of-the-art pollution reduction measures, as well as install emissions monitors at eight sulfuric acid plants across facilities in Geismar, Louisiana (one plant), White Springs, Florida (four plants), and Aurora, North Carolina (three plants). The three companies will spend an estimated $50 million on these measures, and will pay a $1.3 million civil penalty.
“This agreement, the largest so far in our ongoing Clean Air Act enforcement efforts against sulfuric-acid producers, will ensure cleaner air for citizens across the Southeast and will send a strong signal to the industry that noncompliance has serious consequences,” said Acting Assistant Attorney General Sam Hirsch for the Department of Justice’s Environment and Natural Resources Division.
“Large industrial facilities that break the law and pollute the air will be held accountable,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “This case will bring these companies into compliance and require additional action to cut pollution to benefit communities, especially those most vulnerable to air pollution.” EPA expects the actions that the companies have agreed to take will reduce harmful emissions by over 13,090 tons per year, which includes approximately 12,600 tons per year of sulfur dioxide, 430 tons per year of ammonia and 60 tons per year of nitrogen oxide. In the future, the companies can also retire plants to comply with the settlement.
The settlement also includes a “supplemental environmental project,” estimated to cost between $2.5 and $4 million, to protect the community around a PCS Nitrogen nitric acid plant in Geismar, Louisiana, and requires PCS Nitrogen to install and operate equipment to reduce emissions of nitrogen oxide and ammonia. This project is part of EPA’s commitment to advancing environmental justice by reducing the disproportionate environmental impacts on communities near industrial facilities – in this instance, by reducing fine particulates that can aggravate respiratory disease.
Sulfur dioxide, the predominant pollutant emitted from sulfuric acid plants, has numerous adverse effects on human health and is a significant contributor to acid rain, smog and haze. Sulfur dioxide—along with nitrogen oxide—is converted in the air to particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death.
This settlement is part of EPA’s national enforcement initiative to control harmful emissions from large sources of pollution, which includes acid production plants, under the Clean Air Act’s Prevention of Significant Deterioration requirements. It is the 10th settlement reached under EPA’s National Acid Manufacturing Plant Initiative and the 7th settlement addressing pollution from sulfuric acid plants. Today’s settlement covers more sulfuric acid production capacity—roughly 24,000 tons per day or approximately 14 percent of total U.S. capacity—than all previous sulfuric acid settlements under this initiative combined.
The settlement also resolves alleged violations based on Louisiana law at the Geismar, Louisiana, facility, and the Louisiana Department of Environmental Quality will receive $350,000 of the $1.3 million penalty.
The settlement was lodged with the U.S. District Court for the Middle District of Louisiana and is subject to a 30-day public comment period and final court approval.
President Obama: “Here’s what’s next” – Remarks After Republicans Gain Majority In Senate At Polls
Yesterday, millions of Americans cast their ballots. Republicans had a good night, and I congratulate all the candidates who won.
But what stands out to me is that the message Americans sent yesterday is one you’ve sent for several elections in a row now. You expect the people you elect to work as hard as you do. You expect us to focus on your ambitions — not ours — and you want us to get the job done. Period.
I plan on spending every moment of the next two years rolling up my sleeves and working as hard as I can for the American people. This country has made real and undeniable progress in the six years since the 2008 economic crisis. But our work will not be done until every single American feels the gains of a growing economy where it matters most: in your own lives.
While I’m sure we’ll continue to disagree on some issues that we’re passionate about, I’m eager to work with Congress over the next two years to get the job done. The challenges that lay ahead of us are far too important to allow partisanship or ideology to prevent our progress as a nation.
As we make progress, I’ll need your help, too. Over the weeks and months ahead, I’ll be looking to Americans like you, asking you to stay engaged.
I am optimistic about our future. Because for all the maps plastered across our screens today, for all the cynics who say otherwise, we are more than a simple collection of red and blue states. We are the United States.
And yesterday, millions of Americans — Democrats and Republicans, women and men, young and old, black and white — took the time out of their day to perform a simple, profound act of citizenship. That’s something we shouldn’t forget amid the din of political commentary. Because making progress starts with showing up.
Let’s get to work.
President Barack Obama
Director-General Of UNESCO Calls for Halt to Attacks against Cultural Diversity in Iraq
The Director-General of UNESCO met with representatives of diverse Iraqi communities and minorities – including from the Shabak, Bahii, Yazidi, kakiee, Sabian Mandaée, Assyrian and Chaldean communities, members and former members of the Kurdistan Parliament and of the Council of Representatives of Iraq.
In opening the meeting, Irina Bokova voiced her grave concern at the systematic persecution of minority communities and the attacks against their cultural and religious heritage – reiterating her call for end to cultural cleansing by extremist groups.

She thanked the representatives present for their courage and commitment to standing up against these attacks, to protect the human rights and dignity of all citizens of Iraq; and expressed UNESCO’s solidarity and readiness to support.
“These are intolerable attempts to destroy the diversity, that is part of the DNA of this country, that testifies to a long history of coexistence and dialogue between peoples and communities, across all cultural and religious lines,” declared the Director-General.
Irina Bokova echoed the statements of the United Nations Secretary General, and his Special Representative, as well as the United Nations Security Council, that these attacks, the systematic and deliberate cleansing of territories, the brutal killings of civilians – all of this stands in direct violation of international humanitarian and human rights law.
Recognizing the urgent need for the persecuted communities to regain a sense of security and normalcy, the Director-General highlighted the importance for these communities of upholding their traditions and cultures, while rebuilding Iraq’s rich social fabric. “I am here to explore with you the way forward – how we can build trust and confidence between all segments of the Iraqi society, how Iraqis can learn to live together in a society respectful of communities’ cultural identity and expressions” she said. “Education, the media and the protection of the wealth of diversity of Iraq’s cultural heritage are fundamental for reconciliation amongst Iraqis. This is why I am here to listen to you”, added the Director-General.
She also noted her high appreciation for the special role of host families and communities, who, despite hardships, are doing everything they can to help, at the risk of being overwhelmed by the crisis.
Discussion with the representatives of minority communities focused on the experience of human rights violations, stigma and discrimination, before and during the current crisis. Many highlighted the tragic lack of trust today, and the deep desire for basic respect and the return to normalcy.
The conditions for minority communities of Iraq’s diverse population remain distressing. It is estimated that out of the 5.2 million people affected during the current crisis, 1.8 million people have been displaced in 2014 alone.
Groups that are most at risk are minorities, some of whom have little or no established links with host communities, or who have been trapped in crisis areas. In addition to being subjected to extremely difficult living conditions, with overcrowding, insufficient sanitation and psychosocial trauma, affected minority groups suffer from persecution with regards to their religious and ethnic backgrounds and infringement on their basic human rights, leading to a loss of connections and ties with their original cultural milieu.
The current crisis has escalated the flight of such minority communities as Yezidis, Christians, Fayli Kurds, Shabaks and Turkomen, while also affecting Shiites and Sunnis.
“As a country traditionally comprised many groups of diverse cultural and religious backgrounds, Iraq now stands at a crossroads with serious threats to its social cohesion and unity,” said the Director-General. “We cannot let this happen; we must recognize the vital contribution of the each community to the welfare of society as a whole and the future of Iraq,” she concluded.
FTC Says AT&T Has Misled Millions of Consumers with ‘Unlimited’ Data Promises
The Federal Trade Commission filed a federal court complaint against AT&T Mobility, LLC, charging that the company has misled millions of its smartphone customers by charging them for “unlimited” data plans while reducing their data speeds, in some cases by nearly 90 percent.
The FTC’s complaint alleges that the company failed to adequately disclose to its customers on unlimited data plans that, if they reach a certain amount of data use in a given billing cycle, AT&T reduces – or “throttles” – their data speeds to the point that many common mobile phone applications – like web browsing, GPS navigation and watching streaming video – become difficult or nearly impossible to use.
“AT&T promised its customers ‘unlimited’ data, and in many instances, it has failed to deliver on that promise,” said FTC Chairwoman Edith Ramirez. “The issue here is simple: ‘unlimited’ means unlimited.”
According to the FTC’s complaint, AT&T’s marketing materials emphasized the “unlimited” amount of data that would be available to consumers who signed up for its unlimited plans. The complaint alleges that, even as unlimited plan consumers renewed their contracts, the company still failed to inform them of the throttling program. When customers canceled their contracts after being throttled, AT&T charged those customers early termination fees, which typically amount to hundreds of dollars.
The FTC alleges that AT&T, despite its unequivocal promises of unlimited data, began throttling data speeds in 2011 for its unlimited data plan customers after they used as little as 2 gigabytes of data in a billing period. According to the complaint, the throttling program has been severe, often resulting in speed reductions of 80 to 90 percent for affected users. Thus far, according to the FTC, AT&T has throttled at least 3.5 million unique customers a total of more than 25 million times.
According to the FTC’s complaint, consumers in AT&T focus groups strongly objected to the idea of a throttling program and felt “unlimited should mean unlimited.” AT&T documents also showed that the company received thousands of complaints about the slow data speeds under the throttling program. Some consumers quoted the definition of the word “unlimited,” while others called AT&T’s throttling program a “bait and switch.” Many consumers also complained about the effect the throttling program had on their ability to use GPS navigation, watch streaming videos, listen to streaming music and browse the web.
The complaint charges that AT&T violated the FTC Act by changing the terms of customers’ unlimited data plans while those customers were still under contract, and by failing to adequately disclose the nature of the throttling program to consumers who renewed their unlimited data plans.
FTC staff worked closely on this matter with the staff of the Federal Communications Commission.
The Commission vote authorizing the staff to file the complaint was 5-0. The complaint was filed in the U.S. District Court for the Northern District of California, San Francisco Division.
AT&T Mobility To Pay $105 Million To Settle Wireless Cramming And Truth-In-Billing Investigation
AT&T Mobility to resolve an investigation into allegations that the company billed customers millions of dollars in unauthorized third-party subscriptions and premium text messaging services. The settlement is the largest enforcement action in FCC history.The Enforcement Bureau launched its investigation after receiving consumer complaints alleging that AT&T customers had been billed with months of unauthorized charges for third-party services that they did not request.
In some cases, complaints alleged that AT&T Mobility refused to issue refunds or would only refund one or two months’ worth of such charges, leaving consumers on the hook for the rest. Until January 2014, AT&T Mobility included charges for third-party services – such as monthly subscriptions for ringtones, wallpaper, and text messages providing horoscopes, flirting tips, celebrity gossip, and other information – on its customers’ telephone bills.
The charge for each of these types of subscriptions was typically $9.99 per month.“Today’s enforcement action is a victory for consumers nationwide,” said FCC Chairman Tom Wheeler. “Carriers should be on notice that we will not tolerate any business practice that saddles consumers with unauthorized charges on their phone bills. This settlement –a joint effort between the FCC, FTC and all 50 states and the District of Columbia – is a prime example of government agencies working together on behalf of American consumers.”“We now know that wireless companies profited while their customers were fleeced by unscrupulous third parties who added millions of dollars in unauthorized charges to consumer phone bills,” said Travis LeBlanc, Chief of the FCC’s Enforcement Bureau.
“Today’s historic settlement holds AT&T responsible for its billing practices and puts money directly back into the pockets of consumers.”The settlement was negotiated in coordination with the Federal Trade Commission and the attorneys general of all 50 states and the District of Columbia.
Under the terms of the Consent Decree the FCC announced today, AT&T Mobility will pay $80 million to be distributed to current and former AT&T customers who were billed for third-party services they did not authorize. In addition, AT&T Mobility will pay $20 million to state governments participating in the settlement, and will make a $5 million penalty payment to the U.S. Treasury.
The Enforcement Bureau has also secured strong consumer protections in the settlement that include requirements that AT&T Mobility no longer offer commercial third-party “premium SMS” charges, adopt phone bills, revise their billing practices to ensure that third-party charges are clearly and conspicuously identified on bills so that customers can see what services they are paying for, and offer a free service for customers to block all third party charges.Placement of unauthorized charges and fees on consumers’ telephone bills is an “unjust and unreasonable” practice that is unlawful under the Communications Act.The FCC has taken many actions against carriers as a result of unauthorized, misleading, or deceptive charges placed on wireless and wireline telephone bills.
Since January 2014, the Commission has taken six enforcement actions against carriers for alleged cramming and slamming violations that have totaled more than $20 million in proposed penalties and payments to the U.S. Treasury. In addition, the FCC’s Truth-in-Billing rules require carriers to disclose billed charges and describe them on the bill in a way that is brief, clear, and easy for the consumer to understand.
UN Concerned Over Safety of Civilians s ISIL Intensifies Offensive in Syrian Border Town
Secretary-General Ban Ki-moon and the United Nations human rights office today voiced their grave concern for the safety of civilians caught up in the ongoing offensive by the Islamic State of Iraq and the Levant (ISIL) on the northern Syrian town of Ayn al-Arab, also known as Kobane.
In a statement released by his spokesperson, Mr. Ban said that the terrorist group is continuously carrying out its “barbarous campaign” and committing extensive violations of human rights and humanitarian law in areas that have fallen under its control in Syria and Iraq.
The UN chief urged all those with the means to do so to take immediate action to protect the beleaguered civilian population of Ayn al-Arab.
The Office of the UN High Commissioner for Human Rights (OHCHR) expressed its alarm over the situation, noting that the reported intensification of indiscriminate shelling by ISIL of various parts of the town of Ayn al-Arab has caused 10,000 civilians who had remained in the border area to cross into Turkey on Sunday and Monday.
“Up until 3 or 4 days ago, there were still some 10,000 civilians who had not yet crossed into Turkey, and although most have now done so, some may still remain,” OHCHR spokesperson Rupert Colville told reporters in Geneva.
On Monday 6 October, ISIL units reportedly broke through the trenches dug by the town’s mainly Kurdish defenders, and street-to-street fighting then took place in eastern neighbourhoods of the town, Mr. Colville said. They also took control of a number of buildings and a strategic hill looking over the town from the south-east.
The Kurdish groups in control of Kobane had reportedly ordered civilians to seek refuge in Turkey, and civilian administrators in Kobane were also said to have mostly left the town by yesterday evening.
“Nevertheless we remain hugely concerned for the safety of any civilians remaining in Kobane or in the border area near the town, as well as in surrounding villages. We believe the numbers are now, at most, in the hundreds – maybe fewer,” said Mr. Colville.
“But clearly anyone who falls into the hands of ISIL is at risk,” he added. “Given their atrocious record of repeated murders and summary executions of prisoners in both Syria and Iraq, we are also extremely concerned about the fate of any combatants captured by ISIL.”
Also speaking out was the Secretary-General’s Special Envoy for Syria, Staffan de Mistura, who similarly expressed concern regarding ISIL’s military gains in Ayn al-Arab and warned that the terrorist group’s advance threatened the lives of thousands of civilians.
“The world has seen with its own eyes the images of what happens when a city in Syria or in Iraq is overtaken by the terrorist group called ISIS or Daesh: massacres, humanitarian tragedies, rapes, horrific violence,” Mr. de Mistura said in a statement, referring to the group by other commonly used names.
The Special Envoy urged the international community to act now to defend the town and the outgunned Kurdish community there, adding that the world would “regret deeply” if ISIL were able “to take over a city which has defended itself with courage.”
Twitter Takes The US Government To Court Over The Fight For Transparency
As part of our latest transparency report released in July, we described how we were being prohibited from reporting on the actual scope of surveillance of Twitter users by the U.S. government. Our ability to speak has been restricted by laws that prohibit and even criminalize a service provider like us from disclosing the exact number of national security letters (“NSLs”) and Foreign Intelligence Surveillance Act (“FISA”) court orders received — even if that number is zero.
It’s our belief that we are entitled under the First Amendment to respond to our users’ concerns and to the statements of U.S. government officials by providing information about the scope of U.S. government surveillance – including what types of legal process have not been received. We should be free to do this in a meaningful way, rather than in broad, inexact ranges.
So, today, we have filed a lawsuit in federal court seeking to publish our full Transparency Report, and asking the court to declare these restrictions on our ability to speak about government surveillance as unconstitutional under the First Amendment. The Ninth Circuit Court of Appeals is already considering the constitutionality of the non-disclosure provisions of the NSL law later this week.
You can read our filing with the U.S. District Court of Northern California in PDF form here.
We’ve tried to achieve the level of transparency our users deserve without litigation, but to no avail. In April, we provided a draft Transparency Report addendum to the U.S. Department of Justice and the Federal Bureau of Investigation, a report which we hoped would provide meaningful transparency for our users. After many months of discussions, we were unable to convince them to allow us to publish even a redacted version of the report.
Meanwhile, we continue to look for comprehensive reform of government surveillance powers in the U.S., and we support meaningful efforts such as the USA Freedom Act of 2014 as introduced by Senate Judiciary Committee Chairman Patrick Leahy (D-VT), which would allow companies like Twitter to provide more transparency to its users.
This is an important issue for anyone who believes in a strong First Amendment, and we hope to be able to share our complete Transparency Report.
This courtesy of www.twitter.com
FBI Arrests Suburban Chicago Man for Allegedly Attempting to Support Terrorism Overseas
A southwest suburban Bolingbrook man was arrested Saturday night for allegedly attempting to travel overseas to join a foreign terrorist organization operating inside Iraq and Syria, federal law enforcement officials announced today. The defendant, Mohammed Hamzah Khan, 19, a U.S. citizen, was charged with attempting to join the Islamic State of Iraq and the Levant (ISIL), also known as the Islamic State of Iraq and Syria (ISIS).
Khan was taken into custody without incident at O’Hare International Airport by members of the Chicago FBI’s Joint Terrorism Task Force before he attempted to fly to Vienna, Austria, on his way to Istanbul, Turkey.
Khan was charged in a criminal complaint filed today in U.S. District Court with one count of attempting to provide material support to a foreign terrorist organization. He appeared this morning in U.S. District Court before U.S. Magistrate Judge Susan Cox, and remains in federal custody pending a detention hearing at 10:30 a.m. Thursday.
According to the complaint affidavit, a roundtrip ticket was purchased for Khan on Sept. 26 to travel from Chicago to Istanbul, departing on Saturday, and returning later this week.
Law enforcement agents observed Khan passing through the security screening checkpoint Saturday afternoon at O’Hare’s international terminal. Federal agents then executed a search warrant at Khan’s residence and recovered multiple handwritten documents that appeared to be drafted by Khan and/or others, which expressed support for ISIL, the affidavit alleges. Some of those documents, including travel plans and materials referencing ISIL and jihad, are described in the complaint affidavit.
Khan was initially approached by U.S. Customs and Border Protection officers and was later interviewed later by FBI agents at the airport.
Attempting to provide material support to a foreign terrorist organization carries a maximum penalty of 15 years in prison and a $250,000 fine. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
The JTTF is comprised of Special Agents of the FBI, officers of the Chicago Police Department, and representatives from an additional 20 federal, state and local law enforcement agencies. The Justice Department’s National Security Division assisted in the investigation. U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), and the Illinois State Police also provided significant assistance.
The arrest and complaint were announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois, and Robert J. Holley, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation. The investigation is continuing, they said.
The government is being represented by Assistant U.S. Attorneys Matthew Hiller and Angel Krull.
The public is reminded that a complaint contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
U.S. Attorney General Eric Holder Is Stepping Down After Six-Year Tenure
In remarks from the White House State Dining Room this afternoon, President Obama announced that Eric Holder will be stepping down from his current position as U.S. Attorney General.
Assuming office in February 2009, Holder's nearly six-year tenure makes him one of the longest-serving Attorney Generals in U.S. history. He will continue to serve as Attorney General until the President nominates his successor, and the successor is confirmed by the Senate.
As the President noted, Holder's career in public service "began nearly 40 years ago as a young prosecutor in the Department that he now runs." Over his career, Holder has served at the Department of Justice under six U.S. presidents -- including serving as acting Attorney General at the beginning of President George W. Bush's first term.
Attorney General Eric H. Holder Jr., delivers remarks following President Barack Obama's statement announcing Holder's departure
Attorney General Eric H. Holder Jr., delivers remarks following President Barack Obama's statement announcing Holder's departure, in the State Dining Room of the White House, Sept. 25, 2014. Attorney General Holder will remain at the Department of Justice until his post is filled. (Official White House Photo by Chuck Kennedy)
"As younger men, Eric and I both studied law," President Obama said. "And I chose him to serve as Attorney General because he believes, as I do, that justice is not just an abstract theory. It’s a living and breathing principle."
It’s about how our laws interact with our daily lives. It’s about whether we can make an honest living, whether we can provide for our families; whether we feel safe in our own communities and welcomed in our own country; whether the words that the Founders set to paper 238 years ago apply to every single one of us and not just some.
That’s why I made him America’s lawyer, the people’s lawyer.
"I chose him to serve as Attorney General because he believes, as I do, that justice is not just an abstract theory. It’s a living and breathing principle."
-- President Barack Obama
Attorney General Eric Holder speaks at the National Action to Realize the Dream March
Attorney General Eric Holder speaks at the National Action to Realize the Dream March, August 24, 2013. (Justice Department photo by Lonnie Tague)
President Obama went on to detail the portfolio that Holder assumed as Attorney General -- from counterterrorism to civil rights, and from public corruption to white-collar crime -- emphasizing the "superb job" that Holder has done:
He’s worked side by side with our intelligence community and the Department of Homeland Security to keep us safe from terrorist attacks and to counter violent extremism. On his watch, federal courts have successfully prosecuted hundreds of terror cases, proving that the world’s finest justice system is fully capable of delivering justice for the world’s most-wanted terrorists.
He’s rooted out corruption and fought violent crime. Under his watch, a few years ago, the FBI successfully carried out the largest mafia takedown in American history. He’s worked closely with state and local law enforcement officers to make sure that they’ve got the resources to get the job done. And he’s managed funds under the Recovery Act to make sure that when budgets took a hit, thousands of cops were able to stay on the beat nationwide.
He’s helped safeguard our markets from manipulation, and consumers from financial fraud. Since 2009, the Justice Department has brought more than 60 cases against financial institutions, and won some of the largest settlements in history for practices related to the financial crisis, recovering $85 billion -- much of it returned to ordinary Americans who were badly hurt.
He’s worked passionately to make sure our criminal justice system remains the best in the world. He knows that too many outdated policies, no matter how well-intentioned, perpetuate a destructive cycle in too many communities. So Eric addressed unfair sentencing disparities, reworked mandatory minimums, and promoted alternatives to incarceration. And thanks to his efforts, since I took office, the overall crime rate and the overall incarceration rate have gone down by about 10 percent. That’s the first time that they’ve declined together, at the same tim, in more than 40 years.
The President noted that Holder's "proudest achievement," however, may be his efforts to reinvigorate and restore the Civil Rights Division of the Justice Department -- through critical work on issues such as voting rights, immigration law, human trafficking, and same-sex marriage:
He has been relentless against attacks on the Voting Rights Act -- because no citizen, including our servicemembers, should have to jump through hoops to exercise their most fundamental right. He’s challenged discriminatory state immigration laws that not only risked harassment of citizens and legal immigrants, but actually made it harder for law enforcement to do its job.
Under his watch, the Department has brought a record number of prosecutions for human trafficking, and for hate crimes -- because no one in America should be afraid to walk down the street because of the color of their skin, the love in their heart, the faith they practice, or the disabilities that they live with.
He’s dramatically advanced the cause of justice for Native Americans, working closely with their communities. And several years ago, he recommended that our government stop defending the Defense of Marriage Act -- a decision that was vindicated by the Supreme Court, and opened the door to federal recognition of same-sex marriage, and federal benefits for same-sex couples. It's a pretty good track record.
"Soon, Eric, [his wife] Sharon, and their kids will be a bit freer to pursue a little more happiness of their own," President Obama said. "And thanks to Eric’s efforts, so will more Americans -- regardless of race or religion, gender or creed, sexual orientation or disability, who will receive fair and equal treatment under the law."
President Barack Obama joins a standing ovation for Attorney General Eric H. Holder Jr., during statements regarding Holder's resignation
President Barack Obama joins a standing ovation for Attorney General Eric H. Holder Jr., during statements regarding Holder's resignation in the State Dining Room of the White House, Sept. 25, 2014. (Official White House Photo by Pete Souza)
Holder then came to the podium and spoke for a few minutes following the President's remarks, reflecting on his tenure and thanking a number of people -- including his wife and children; his late parents, Eric and Miriam Holder; and the President and other Administration officials -- for their support and friendship.
"Work remains to be done, but our list of accomplishments is real."
-- Attorney General Eric Holder
"I have loved the Department of Justice ever since as a young boy I watched Robert Kennedy prove during the Civil Rights Movement how the Department can and must always be a force for that which is right," Holder said. "I hope that I have done honor to the faith that you have placed in me, Mr. President, and to the legacy of all those who have served before me."
Attorney General Holder made clear that even after he steps down from his current position, he won't leave the work:
In the months ahead, I will leave the Department of Justice, but I will never -- I will never -- leave the work. I will continue to serve and try to find ways to make our nation even more true to its founding ideals.
I want to thank the dedicated public servants who form the backbone of the United States Department of Justice for their tireless work over the past six years, for the efforts they will continue, and for the progress that they made and that will outlast us all.
And I want to thank you all for joining me on a journey that now moves in another direction, but that will always be guided by the pursuit of justice and aimed at the North Star.
"I will leave the Department of Justice, but I will never -- I will never -- leave the work."
-- Attorney General Eric Holder
STATEMENT FROM ETHEL KENNEDY REGARDING ATTORNEY GENERAL ERIC HOLDER
“Eric Holder has vigilantly defended an ideal Bobby strongly believed -- that the Justice Department must deliver justice for all Americans. Especially our most vulnerable, who live in the very communities where justice can be hardest to find.”
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STATEMENT FROM MYRLIE EVERS REGARDING ATTORNEY GENERAL ERIC HOLDER
“There has been no greater ally in the fight for justice, civil rights, equal rights, and voting rights than Attorney General Holder. As a fierce consequential defender of the right to vote, the Attorney General has worked tirelessly to ensure that every American has the right, the ability and the opportunity to cast their vote and let their voice be heard.
“Attorney General Holder never shied away from the issues that greatly affect us all. From lobbying Congress to reduce prison sentences for non-violent drug offenders, to cracking down on abuse by police departments and to working to ease racial tension throughout the United States, the Attorney General was always there ready to correct injustices and offer common sense reforms to better our nation.
“I am honored to call the Attorney General a friend, and have had the distinct pleasure of working very closely with him throughout his tenure as AG and prior to his appointment. Just last year, when we celebrated the life of my husband Medgar, Attorney General Holder was the first to offer his assistance to honor Medgar and vowed to continue his pursuit for justice for all Americans, just as Medgar did.
“I wish AG Holder continued success, and look forward to continuing our work together to ensure that that this country stays on the path to greatness, righteousness and equality that we both have dedicated our lives to.”
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STATEMENT FROM MAYOR RAHM EMANUEL REGARDING ATTORNEY GENERAL ERIC HOLDER
“On behalf of the City of Chicago, I want to thank Attorney General Eric Holder for more than five and a half years of extraordinary service as our nation’s Attorney General. Whether it’s reducing gun violence on our streets or supporting restorative justice in our schools so more children can stay on track to graduate, the City of Chicago has had a strong partner in Attorney General Holder. He has been a great champion for keeping our streets safer, making our communities stronger, and making our criminal justice system fairer. We are a better nation because of Attorney General Holder’s outstanding service.”
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STATEMENT FROM THE LEADERSHIP CONFERENCE ON CIVIL AND HUMAN RIGHTS CEO WADE HENDERSON REGARDING ATTORNEY GENERAL ERIC HOLDER
“Attorney General Holder has presided over one of the most forward-thinking and visionary Justice Departments in memory. Remembering only his historic confirmation as the first African-American attorney general would not do justice to his tenure over the past six years, which was one of the most successful in modern American history.
"Under his leadership, the Department of Justice has put forth groundbreaking reforms to our broken criminal justice system, championed the right to vote, defended the Affordable Care Act, protected homeowners from predatory lending, defended the federal government from state overreach on immigration laws, and backed the reauthorization of the Violence Against Women Act.
"His tenure is even more remarkable considering that he was victim to an unprecedented witch hunt and abuse of power by House Republicans. Their attempt to stain the office by issuing the only contempt citation against a sitting cabinet member in modern history only validated Attorney General Holder’s effectiveness and commitment to promoting the civil and human rights of all Americans.
"Attorney General Holder came to the job as the one of the most well-prepared nominees ever considered for the post, and he has surpassed even those high expectations. We commend his service to our nation and will work to confirm a successor that will continue Justice’s commitment to the advancement of civil and human rights.”
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STATEMENT FROM THE NAACP LEGAL DEFENSE AND EDUCATIONAL FUND REGARDING ATTORNEY GENERAL ERIC HOLDER
The NAACP Legal Defense and Educational Fund, Inc. today lauded the stellar leadership of departing Attorney General Eric Holder, who announced his resignation this morning. LDF also emphasized the need for continued vigilance in the protection of civil rights.
“When Attorney General Holder took the helm of the Department of Justice in 2009, he vowed to make the Civil Rights division the department's ‘crown jewel,’ and he has more than fulfilled that mission,” said Sherrilyn A. Ifill, President and Director-Counsel of NAACP LDF. “When the history of his tenure is written, Eric Holder will ultimately be recognized as one of the finest Attorneys General this country has ever known. In the field of civil rights there are few who could even claim to rival this Attorney General's dedication, strategic focus and commitment."
“General Holder's vision for the Civil Rights Division was one of restoration and transformation, from his leadership on voting rights, to legal services for the poor, to criminal justice reforms and, in recent weeks, to his forceful response to the tragic events in Ferguson,” Ifill added.
Ifill expressed particular support for the Attorney General’s forceful and courageous willingness to speak openly about the problem of mass incarceration in this country. “The ‘Smart on Crime’ initiatives he announced last year are a quintessential example of Attorney General Holder’s vision and boldness,” she said.
In 2013, Ifill noted, when the Supreme Court invalidated key portions of the Voting Rights Act in a devastating decision, Attorney General Holder immediately deployed the full litigation strength of the Justice Department in places like Texas and North Carolina to protect voters of color who had been made even more vulnerable to voting discrimination. Most recently, his Justice Department attorneys stood side-by-side with LDF lawyers in a Texas courtroom to challenge that state’s discriminatory photo ID law. A decision in that case, United States v. Texas, is expected in the next few weeks.
“It is hard to overstate the impact of General Holder’s tenure – but we are confident that his initiatives will endure, even under new leadership,” said Leslie Proll, Director of LDF’s Washington Office. “At this critical time for America, we can’t afford to lose momentum on civil rights. Certainly the next nominee will have big shoes to fill, but we trust and expect that his replacement will be up to the task.”
Attorney General Holder began his storied legal career as an intern at the NAACP Legal Defense Fund while at law school. Earlier this year, he was the keynote speaker at LDF’s 60th anniversary celebration of the landmark Supreme Court ruling in Brown v. Board of Education. View his remarks online here [external link].
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STATEMENT FROM THE HUMAN RIGHTS CAMPAIGN REGARDING ATTORNEY GENERAL ERIC HOLDER
The Human Rights Campaign (HRC), the nation’s largest civil rights organization working to achieve lesbian, gay, bisexual, and transgender (LGBT) equality, today praised the distinguished service of Eric Holder upon learning that he will be stepping down as U.S. Attorney General pending confirmation of his successor. HRC believes that the President should use this opportunity to appoint the nation’s first out LGBT cabinet member.
"Some Attorneys General wait for history, others make history happen. Attorney General Holder made history for the LGBT community,” said Chad Griffin, President of HRC. “He was our Robert F. Kennedy, lightening the burden of every American who faces legal discrimination and social oppression. We owe him a profound debt of gratitude for his legacy of advocacy and service."
Attorney General Holder has been a staunch advocate for civil rights for LGBT Americans throughout his career in public life. As U.S. Attorney General for the District of Columbia, he formed the first hate crimes task force, which has become a model for U.S. Attorneys throughout the country. He spearheaded the administration’s decision to not defend the Defense of Marriage Act (DOMA) on the grounds that it was unconstitutional. Under his leadership, the FBI and Civil Rights Division began actively investigating and prosecuting hate crimes based on sexual orientation and gender identity with the implementation of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.
His leadership is without comparison in the swift implementation of the Supreme Court’s Decision in Windsor v. United States. Attorney General Holder declared that the ruling meant that, “Americans in same-sex marriages are entitled to equal protection and equal treatment under the law.” From this historic statement, more than 1,000 federal rights and benefits of marriages have begun to flow to same-sex couples across the country.
HRC continues to advocate for the historic appointment of an openly LGBT cabinet member to the Obama administration.
"President Obama faces a historic opportunity in light of Attorney General Holder's departure,” said Chad Griffin, President of HRC. “The President has expressed a commitment to appointing a cabinet that reflects the full diversity of the American people, and there are many richly-qualified candidates available to serve as the first openly-LGBT cabinet secretary. It would be a natural extension of this administration's enduring commitment to equality to send a message of visibility and inclusion by nominating such a candidate to serve in this historic role."
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STATEMENT FROM U.S. SECRETARY OF EDUCATION ARNE DUNCAN REGARDING ATTORNEY GENERAL ERIC HOLDER
“It has been a true honor to work with Eric Holder, and I know he will remain an ally in the fight for justice and equal opportunity for every student in America. Eric understands - at a very deep, personal level - the costs to families, communities and our country when students do not have equal access to educational opportunities. I am grateful for Eric’s partnership on so many issues, among them: addressing disparities in school discipline, enforcing civil rights laws in education, keeping schools and college campuses safe from violence, and ensuring value and service for students who borrow money for college. I am so grateful to Eric, Sharon and their family for their commitment to equality for all. I look forward to continuing this work with the next Attorney General.”
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STATEMENT FROM U.S. SECRETARY OF LABOR THOMAS E. PEREZ REGARDING ATTORNEY GENERAL ERIC HOLDER
“Eric Holder is a man of extraordinary conscience and competence. It was a unique honor to serve with him at the Justice Department, and I am enormously grateful for his unwavering commitment to the cause of civil rights and to reinvigorating the Civil Rights Division in particular.
“I am confident that when objective historians write about America’s most critical moments, Eric Holder will go down as one of the preeminent attorneys general in our nation’s history – whether it’s his support of LGBT equality and his indispensable role in the president’s decision not to defend the Defense of Marriage Act; or his aggressiveness in ensuring the right to vote; or his commitment to sentencing reform; or his tough crackdown on hate crimes, financial fraud and racial profiling.
“The Justice Department is stronger for his quarter century of service there. The nation is stronger for his lifetime of work on behalf of justice and equal opportunity.”
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STATEMENT FROM SENATOR BILL NELSON REGARDING ATTORNEY GENERAL ERIC HOLDER
“I have found Attorney General Holder to be an outstanding public servant with whom I’ve had the privilege to work with on a number of issues. Among them, he has led the fight to protect the right to vote for all citizens and that includes his recent letter warning Florida’s governor against any future efforts there to suppress the vote. And he also has been very supportive of scientists’ efforts to unlock the secrets of potential abuse at a now-shuttered reform school in North Florida. The president will miss his counsel.”
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STATEMENT FROM REPRESENTATIVE JOHN CONYERS REGARDING ATTORNEY GENERAL ERIC HOLDER
“Attorney General Eric Holder has delivered the utmost distinguished service during his tenure in the Obama Administration. As the first African American to serve as Attorney General, Mr. Holder has shown vigorous dedication to the American people and advancing civil rights for all.
“As the fourth longest serving Attorney General in U.S. history, his devotion to the pursuit of justice is unparalleled and has comforted the nation during great times of turmoil. I appreciate that he will remain in his post until a successor is named. I wish him well in all his future endeavors and thank him for his tireless efforts over the past six years and more.”
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STATEMENT FROM REPRESENTATIVE ELEANOR HOLMES NORTON REGARDING ATTORNEY GENERAL ERIC HOLDER
“It is heartbreaking for me to see the Attorney General leave the administration, but it is understandable that, after six years of outstanding work on domestic and international legal issues, he would desire to return to private life,” Norton said. “We in the District of Columbia are especially proud and grateful that it was his outstanding record as U.S. Attorney here that first brought Eric to the attention of President Clinton and, ultimately, to President Obama. This morning, we discussed his exceptional work to avoid the harshness of federal mandatory minimum sentencing in selected cases, when the results would have been particularly unfair, by using the local courts. This was possible because of the U.S. Attorney’s dual local and federal jurisdiction. His work influenced the changes now underway with federal mandatory minimums that are reducing the sentences of thousands of low-level drug offenders.”
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STATEMENT FROM REPRESENTATIVE ELIJAH E. CUMMINGS REGARDING ATTORNEY GENERAL ERIC HOLDER
“Over the past six years, Attorney General Holder has worked to improve our nation’s broken justice system, enforce civil rights laws, ban racial profiling, rekindle trust between law enforcement and communities of color, restructure sentencing guidelines, and identify constructive alternatives to incarceration. In the process, he has improved how our courts and law enforcement officers do their jobs.
“As the first-ever African American to serve in this position, Attorney General Holder has promoted equal protection under the law by building bridges across ideology, race, gender, and class. His capacity to fight for the rights of every American has been boundless, and his plan to continue many of those battles beyond his tenure at the Department of Justice is a testament to his character.
“In his 26 years of public service, he has built a legacy of which he can be extremely proud, and I wish him the best as he moves on to new endeavors.”
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STATEMENT BY REPRESENTATIVE JOHN LEWIS REGARDING ATTORNEY GENERAL ERIC HOLDER
"I am deeply saddened to learn today that the U.S. Attorney General, Eric Holder, is stepping down. His resignation is a great loss for any American seeking justice in our society. He became the symbol of fairness, an embodiment of the best in the federal government.
He has been a persistent and consistent leader in the struggle for civil and human rights. That legacy is in his bones. It is written on his heart, and his intelligence and committed leadership will be hard to replace.
In my conversation with him today, I thanked the Attorney General for his years of service to this nation. He and his family have been a blessing, and his leadership will be sorely missed."
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STATEMENT BY SENATOR PATRICK LEAHY REGARDING ATTORNEY GENERAL ERIC HOLDER
“Attorney General Holder has been an extraordinary leader of the Department of Justice, and is to be congratulated for his service. Under his leadership, the Department has had remarkable success in convicting terrorists and disrupting threats to national security, while upholding the Department’s mission of keeping our communities safe from crime and fighting fraud. I particularly appreciate how Attorney General Holder has restored the Civil Rights Division to its historical mission. His dedication to defending Americans’ voting rights, at a time when these constitutional rights are under attack, has been supremely important. Attorney General Holder has demonstrated his commitment to protecting the civil rights of all Americans with his thoughtful implementation of both the Matthew Shepard Hate Crimes Act and the Violence Against Women Reauthorization Act. His recent focus on the need for sentencing reform and programs to reduce recidivism have brought to the fore an important conversation we as a nation must have. I thank Attorney General Holder for his service, and I wish him and his wife Sharon the very best in the future.”
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STATEMENT BY SENATOR BARBARA A. MIKULSKI REGARDING ATTORNEY GENERAL ERIC HOLDER
“During his six years as Attorney General, Eric Holder Jr., supported our federal law enforcement agents in the fight against criminals and terrorists and was a strong advocate for civil rights and criminal justice reform.
“In the dark days of sequester and shutdown, Attorney General Holder worked closely with me in my role as CJS Chairwoman to keep DOJ and its people on the job and on the case.
“As one of the longest serving members of President Obama’s cabinet, he has served his nation and his President well.
"I thank him for his dedicated service to our country and wish him well in the future.”
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STATEMENT BY SENATOR BILL NELSON REGARDING ATTORNEY GENERAL ERIC HOLDER
“During his six years as Attorney General, Eric Holder Jr., supported our federal law enforcement agents in the fight against criminals and terrorists and was a strong advocate for civil rights and criminal justice reform.
“In the dark days of sequester and shutdown, Attorney General Holder worked closely with me in my role as CJS Chairwoman to keep DOJ and its people on the job and on the case.
“As one of the longest serving members of President Obama’s cabinet, he has served his nation and his President well.
"I thank him for his dedicated service to our country and wish him well in the future.”
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TWEET BY REPRESENTATIVE JOHN LEWIS REGARDING ATTORNEY GENERAL ERIC HOLDER
“I deeply saddened to learn today that the U.S. Attorney General, Eric Holder, is stepping down.”
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TWEET BY SENATOR SHELDON WHITEHOUSE REGARDING ATTORNEY GENERAL ERIC HOLDER
“Thank you, Attorney General #Holder [external link], for restoring confidence & morale and bringing honor & dignity to @TheJusticeDept [external link] for the last 6 years.”
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TWEET BY SENATOR PATRICK LEAHY REGARDING ATTORNEY GENERAL ERIC HOLDER
“Will talk with Andrea Mitchell @mitchellreports [external link] @MSNBC [external link] in a few minutes, about Eric Holder.”
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TWEET BY SENATOR CHUCK SCHUMER REGARDING ATTORNEY GENERAL ERIC HOLDER
“AG Holder was like ‘Horatius at the Bridge’ preventing or slowing down the regressive march to take away people’s hard-earned rights.”
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TWEET BY SENATOR LINDSEY GRAHAM REGARDING ATTORNEY GENERAL ERIC HOLDER
“I appreciate AG Holder’s service to our country even though we had strong disagreements at times. I wish him well in future endeavors.”
District Court Rules in Favor of P&G on Patent Infringement Case Relating to Crest Whitestrips
CINCINNATI–In a series of rulings this summer, culminating with a ruling issued on September 15th, 2014, the federal District Court for the Southern District of Ohio ruled that Clio USA’s tooth whitening strip products infringe several P&G patents related to P&G’s Crest Whitestrips® products. The Court also rejected Clio’s arguments that the patents are invalid.
With significant investment, P&G revolutionized the process of at-home whitening with the introduction of Crest Whitestrips® in 2001. Since then, P&G has continued to invest in patented advancements on this award-winning, innovative product. Formulated with the same enamel-safe whitening ingredient dentists use, P&G’s teeth whitening systems can remove 14 years of set-in stains below the enamel surface at a fraction of the cost of in-office treatments.
Due to the success of Crest Whitestrips® in the market, many companies have attempted to copy the patented technology. Each time, P&G has successfully enforced its patents with an out-of-court settlement. Although P&G generally prefers to resolve intellectual property disputes amicably and without litigation, some infringers are unwilling to accept the strength of P&G’s patents without a court decision. In this case, Clio refused to stop selling the infringing products and insisted that the matter be litigated. The Court’s rulings confirm the strength of P&G’s tooth whitening patents and P&G’s belief that Clio’s products unlawfully infringe the patents.
“Consumers win when P&G and other companies introduce truly new-to-the-world innovations that deliver breakthrough benefits,” said Deborah P. Majoras, P&G’s Chief Legal Officer. “The US Patent System was put into place to drive the innovative spirit through legal protection of the inventor’s investment, including the quality assurance and safety support that consumers demand and deserve.” She added, “Companies that want to compete legitimately with our Crest Whitestrips® would not copy our patented technology. But if they do, we will exert our rights as the law allows.”
About Procter & Gamble
P&G serves nearly five billion people around the world with its brands. The Company has one of the strongest portfolios of trusted, quality, leadership brands, including Always®, Ambi Pur®, Ariel®, Bounty®, Charmin®, Crest®, Dawn®, Downy®, Duracell®, Fairy®, Febreze®, Gain®, Gillette®, Head & Shoulders®, Lenor®, Olay®, Oral-B®, Pampers®, Pantene®, SK-II®, Tide®, Vicks®, Wella® and Whisper®. The P&G community includes operations in approximately 70 countries worldwide. Please visit http://www.pg.com for the latest news and in-depth information about P&G and its brands.