Steven Mnuchin
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Biden: Nominations by Both Biden and 3
Will the ETHNIC FACTOR in Biden's KEY cabinet members preclude again (as it did with Trump’s KEY cabinet members) bringing home some 70,000 U.S. troops whose deployment for Israel’s security and prosperity in the Middle East cost some $8 trillion and millions of people killed or displaced in that region? Biden's top Jewish picks met well a minyan and a half These disproportionate ethno- Trump: U.S. troops will remain in the Middle East for Israel, political appointments or 1. White House Chief of Staff Ron Klain The Washington Post, 11/28/2018, https://www.jpost.com/Middle-East/Trump-US-troops-will-remain-in-the-Middle-East-for-Israel-572997 2. Secretary of State Antony Blinken Biden: nominations by both Biden and 3. Secretary of the Treasury Janet Yellen “They will Trump in addition to dozens of Iraq Was Invaded 'to Protect Israel' , https://onlinelibrary.wiley.com/doi/pdf/10.1111/j.1475-4967.2006.00260.x 4. US Ambassador to Israel Tom Nides tell me what elected Jewish Members of Remember: The "ardent faith" of the war in Iraq was conceived and 5. Secretary of Homeland Security Alejandro Mayorkas I need to Congress can only give a disseminated by a small group of 25 or 30 neoconservatives, almost all of 6. Member of Council of Economic Advisers Jared Bernstein know, not glimpse of the Power of Israel them Jewish, almost all of them intellectuals (a partial list: Richard Perle, Paul 7. Special Presidential Envoy for Climate John Kerry/Cohen what I want in the United States and the Wolfowitz, Douglas Feith, William Kristol, Eliot Abrams, Charles 8. -
Ways and Means Committee's Request for the Former President's
(Slip Opinion) Ways and Means Committee’s Request for the Former President’s Tax Returns and Related Tax Information Pursuant to 26 U.S.C. § 6103(f )(1) Section 6103(f )(1) of title 26, U.S. Code, vests the congressional tax committees with a broad right to receive tax information from the Department of the Treasury. It embod- ies a long-standing judgment of the political branches that the tax committees are uniquely suited to receive such information. The committees, however, cannot compel the Executive Branch to disclose such information without satisfying the constitutional requirement that the information could serve a legitimate legislative purpose. In assessing whether requested information could serve a legitimate legislative purpose, the Executive Branch must give due weight to Congress’s status as a co-equal branch of government. Like courts, therefore, Executive Branch officials must apply a pre- sumption that Legislative Branch officials act in good faith and in furtherance of legit- imate objectives. When one of the congressional tax committees requests tax information pursuant to section 6103(f )(1), and has invoked facially valid reasons for its request, the Executive Branch should conclude that the request lacks a legitimate legislative purpose only in exceptional circumstances. The Chairman of the House Ways and Means Committee has invoked sufficient reasons for requesting the former President’s tax information. Under section 6103(f )(1), Treasury must furnish the information to the Committee. July 30, 2021 MEMORANDUM OPINION FOR THE ACTING GENERAL COUNSEL DEPARTMENT OF THE TREASURY The Internal Revenue Code requires the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) to keep tax returns and related information confidential, 26 U.S.C. -
Interviewed Bernard L. Madoffat the Metropolitan Correctional Center, 150 Park Row, New York, NY
This document contains information that has been collected in connection with an investigation conducted by the U.S. Securities and Exchange Commission Office of Inspector General (OIG). It contains confidential, privileged and sensitive information and should not be recopied or distributed without the express consent of the GIG. Interview of Bernard L. Madoff At approximately 3:00pm on June 17, 2009, Inspector General H. David Kotz and DeputyInspector General Noelle Frangipaneinterviewed Bernard L. Madoffat the Metropolitan Correctional Center, 150 Park Row, New York, NY. Madoff was accompanied by his attorney, Ira Lee Sorkin of the firm of Dickstein Shapiro, LLP, as well as an associate from that firm, Nicole DeBello. The interview began with IG Kotz advising Madoff of the general nature of the OIG investigation, and advising that we were investigating interactions the Securities and Exchange Commission (SEC) had with Madoff and his firm, Bernard L. Madoff Investment Securities, LLP (BLM), going back to 1992. At that point, Sorkin advised Madoff that his only obligation was to tell the truth during the interview. The interview began with Madoff stating that the prosecutor and trustee in the criminal case "misunderstood" things he said during the proffer, and as a result, there is a lot of misinformation being circulated about this scandal, however, he added, "I'm not saying I'm not guilty." 2006 Exam: Madoff recalled that with respect to the 2006 OCIE exam, "two young fellows," (Lamore and Ostrow) came in "under the guise of doing a routine exam;" He said that during that time period, sweeps were being done of hedge funds that focused on ~-ont- running, and that was why he believed Ostrow and Lamore were at BLM. -
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT of NEW YORK ------X
Case 1:09-cr-00213-DC Document 230 Filed 06/04/20 Page 1 of 16 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x UNITED STATES OF AMERICA : - v - : MEMORANDUM DECISION BERNARD L. MADOFF, : 09 Cr. 213 (DC) Defendant. : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x APPEARANCES: BRANDON SAMPLE PLC Attorney for Defendant By: Brandon Sample, Esq. P.O. Box 250 Rutland, VT 05702 AUDREY STRAUSS, Esq. Attorney for the United States, Acting Under Authority Conferred by 28 U.S.C. § 515 By: Drew Skinner, Esq. Louis A. Pellegrino, Esq. Assistant United States Attorneys One St. Andrews Plaza New York, NY 10007 CHIN, Circuit Judge: On March 12, 2009, defendant Bernard L. Madoff pleaded guilty to 11 counts of securities fraud and related crimes. On June 29, 2009, I sentenced him to a term of imprisonment of 150 years. Mr. Madoff now moves for a reduction in sentence and "compassionate release" pursuant to 18 U.S.C. § 3582(c)(1)(A), as modified by the First Step Act (the "FSA"), Pub. L. No. 115-391, 132 Stat. 5194 (Dec. 21, 2018). He Case 1:09-cr-00213-DC Document 230 Filed 06/04/20 Page 2 of 16 contends that he suffers from "end-stage renal disease" and other serious medical conditions and that, as a consequence, he has a life expectancy of less than 18 months. Def. Motion at 2-3. Accordingly, he asks that the Court show him "mercy and compassion" and release him so that he is not incarcerated for "his final months on this earth." Id. at 25, 26. For the reasons set forth below, the motion is denied. -
Heuristics & Cognitive Biases
McCombs Knowledge To Go November 11, 2014 Corporate Governance and Corporate Fraud by Grace Renbarger Lecturer, Department of Business, Government and Society Agenda . What is Corporate Fraud? . What are the Consequences? . How Big is the Problem? . Who Commits Corporate Fraud? . Why do People Engage in Fraud? . How can Fraud be Prevented? . What is the Role of Corporate Governance in Preventing Corporate Fraud? What is “Corporate Fraud”? What is “Corporate Fraud”? . Concept of “fraud” is very broad . Legal Definition: A false representation of a matter of fact—whether by words or by conduct, by false or misleading statements, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to his or her legal injury. Type of “White Collar” crime . Usually committed for personal or institutional gain. What is “Corporate Fraud”? . Occurs in wide variety of ways: . theft of cash, physical assets or confidential information . misuse of accounts . procurement fraud . payroll fraud . financial accounting misstatements . inappropriate journal vouchers . suspense accounting fraud . fraudulent expense claims . false employment credentials . bribery and corruption . money laundering . Can be committed by individuals employed by the corporation (internal) or by outsiders (external) . Victims can be the corporation itself or others (e.g., investors) What is “Corporate Fraud”? Focus today is on internal fraud Source: Chartered Institute of Management Accountants Consequences of Fraud . Criminal liability . Securities fraud . Insider trading . Tax evasion . Racketeering/RICO . Mail and wire fraud . Bribery . Money laundering . Obstruction of justice Consequences of Fraud . Individual officers, employees and agents criminally prosecuted for their own conduct . -
Presentation Center
Trump Administration Tracker: Department of the Treasury September 28, 2017 Department of the Treasury Organizational chart *Boxes corresponding to divisions, rather than Inspector General positions, refer to the head of said division Office of the Secretary of the Treasury Treasury Inspector General Office of the Chief of Staff for Tax Administration Deputy Secretary of the Treasury Special Inspector General, Not yet nominated Nominated Confirmed Troubled Asset Relief Program Not yet appointed Appointed Withdrew Office of International Office of Terrorism and Office of the Treasurer Office of Domestic Finance Affairs Financial Intelligence Office of Office of Office of Office of Financial Financial International Intelligence Institutions Markets Finance and Analysis Office of Office of Terrorist Office of Office of Fiscal Financial Financing and Intelligence Financial Crimes Service Stability and Analysis Office of Office of General Office of Office of Office of Tax Chief Risk Economic Legislative Counsel Management Public Affairs Policy Officer Policy Affairs Sources: Department of the Treasury; National Journal Research 1 Department of the Treasury Nomination tracker Position Obama Administration Trump Administration Status Secretary of the Treasury Jack Lew Steven Mnuchin Nominated (11/29/16) (Confirmed 2/28/13) Confirmed (2/13/17) Deputy Secretary of the Treasury Sarah Raskin James Donovan Nominated (3/15/17) (Confirmed 3/19/14) (Withdrew 5/19/17) Nominated (6/12/17) Brian Brooks Office of the Treasurer Rosa Rios N/A Nominated (N/A) -
Merging the SEC and CFTC - a Clash of Cultures
Florida International University College of Law eCollections Faculty Publications Faculty Scholarship 2009 Merging the SEC and CFTC - A Clash of Cultures Jerry W. Markham Florida International University College of Law Follow this and additional works at: https://ecollections.law.fiu.edu/faculty_publications Part of the Banking and Finance Law Commons Recommended Citation Jerry W. Markham, Merging the SEC and CFTC - A Clash of Cultures, 78 U. Cin. L. Rev. 537, 612 (2009). This Article is brought to you for free and open access by the Faculty Scholarship at eCollections. It has been accepted for inclusion in Faculty Publications by an authorized administrator of eCollections. For more information, please contact [email protected]. +(,121/,1( Citation: Jerry W. Markham, Merging the SEC and CFTC - A Clash of Cultures, 78 U. Cin. L. Rev. 537 (2009) Provided by: FIU College of Law Content downloaded/printed from HeinOnline Tue May 1 10:36:12 2018 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at https://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information Use QR Code reader to send PDF to your smartphone or tablet device MERGING THE SEC AND CFTC-A CLASH OF CULTURES Jerry W. Markham* I. INTRODUCTION The massive subprime losses at Citigroup, UBS, Bank of America, Wachovia, Washington Mutual, and other banks astounded the financial world. Equally shocking were the failures of Lehman Brothers, Merrill Lynch, and Bear Steams. -
Myth of the Paycheck Protection Program
The “Small Business” Myth of the Paycheck Protection Program Thomas W. Joo†* and Alex Wheeler** Congress responded to the pandemic-induced recession with the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. A highly publicized feature of the Act was the Paycheck Protection Program (“PPP”). Congress presented the PPP’s forgivable loans as a lifeline for small businesses reeling from loss of revenue. When initial funding for the program was quickly exhausted, the media, politicians, and the public excoriated large corporations, such as Shake Shack and AutoNation, for having taken millions in PPP loans. This paper argues that despite the universal condemnation, large corporations like these acted consistently with the intent of the PPP. Instead, the real blame falls on Congress for carelessly designing a program without a coherent policy objective. Although politicians characterized the PPP as a rescue program for small business, it was designed to assist a wide range of firms, with no preference for very small, disadvantaged, or economically troubled firms. The PPP was not limited to businesses that lacked other access to capital, and explicitly included hotel and restaurant chains and large franchise networks. Despite its generous terms and wide applicability, the PPP also contained arbitrary and confusing restrictions on how loan † Copyright © 2020 Thomas W. Joo and Alex Wheeler. * Martin Luther King Jr. Professor of Law, University of California, Davis, School of Law. ** J.D. candidate, University of California, Davis, School of Law, Class of 2022. 21 22 UC Davis Law Review Online [Vol. 54:21 proceeds could be used. The misinformed condemnation of large companies obscured the fact that Congress had designed a flawed program with limited ability to help small businesses. -
Strengthening the Sec's Vital Enforcement
S. HRG. 111–175 STRENGTHENING THE SEC’S VITAL ENFORCEMENT RESPONSIBILITIES HEARING BEFORE THE SUBCOMMITTEE ON SECURITIES, INSURANCE, AND INVESTMENT OF THE COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS UNITED STATES SENATE ONE HUNDRED ELEVENTH CONGRESS FIRST SESSION ON EXAMINING THE IMPORTANT ROLE OF THE SECURITIES AND EX- CHANGE COMMISSION IN PROTECTING INVESTORS BY AGGRESSIVELY ENFORCING FEDERAL SECURITIES LAWS MAY 7, 2009 Printed for the use of the Committee on Banking, Housing, and Urban Affairs ( Available at: http://www.access.gpo.gov/congress/senate/senate05sh.html U.S. GOVERNMENT PRINTING OFFICE 53–779 PDF WASHINGTON : 2009 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS CHRISTOPHER J. DODD, Connecticut, Chairman TIM JOHNSON, South Dakota RICHARD C. SHELBY, Alabama JACK REED, Rhode Island ROBERT F. BENNETT, Utah CHARLES E. SCHUMER, New York JIM BUNNING, Kentucky EVAN BAYH, Indiana MIKE CRAPO, Idaho ROBERT MENENDEZ, New Jersey MEL MARTINEZ, Florida DANIEL K. AKAKA, Hawaii BOB CORKER, Tennessee SHERROD BROWN, Ohio JIM DEMINT, South Carolina JON TESTER, Montana DAVID VITTER, Louisiana HERB KOHL, Wisconsin MIKE JOHANNS, Nebraska MARK R. WARNER, Virginia KAY BAILEY HUTCHISON, Texas JEFF MERKLEY, Oregon MICHAEL F. BENNET, Colorado EDWARD SILVERMAN, Staff Director WILLIAM D. DUHNKE, Republican Staff Director DAWN RATLIFF, Chief Clerk DEVIN HARTLEY, Hearing Clerk SHELVIN SIMMONS, IT Director JIM CROWELL, Editor SUBCOMMITTEE ON SECURITIES, INSURANCE, AND INVESTMENT JACK REED, Rhode Island, Chairman JIM BUNNING, Kentucky, Ranking Republican Member TIM JOHNSON, South Dakota MEL MARTINEZ, Florida CHARLES E. -
JP Jeanneret Associates, Inc. Et Al. 09-CV-03907-Amended Complaint
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK IN RE J.P. JEANNERET ASSOCIATES, INC., et aL Master - . 'vr 3 VI Li \ - 7- '! This Document Relates to: ERISA Actions tLJ u.S. s - D. N.Y° CASHIE'RS FIRST AMENDED CONSOLIDATED CLASS ACT1NCOMPtAT Plaintiffs Boards of Trustees ("Trustees -) of the Buffalo Laborers Security Fund, Welfare Fund and Welfare Staff Fund (collectively, the "Buffalo Laborers Plans -), in their respective capacities as fiduciaries of the plans, allege the following on behalf of the Buffalo Laborers Plans and all others similarly situated: BACKGROUND I. This consolidated class action is brought pursuant to the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq. ("ERISA"), seeking legal and equitable relief, including restitution, for the Buffalo Laborers Plans and similarly-situated ERISA plans (the "Class Members," also collectively referred to herein as the -ERISA Plans" or the "Plans") that, as a result of imprudent and unlawful conduct by Defendants (as defined below), lost substantial amounts of money through the fraudulent investment scheme orchestrated by Bernard L. Madoff ("Madoff") and Bernard L. Madoff Investment Securities, LLC ("Madoff Securities"). 2. This case arises from a massive, fraudulent scheme that was orchestrated by Madoff through his investment firm, Madoff Securities, and others. The scheme was facilitated by Defendants, who, in breach of their fiduciary duties owed to Plaintiffs and to the other Class Members, caused and permitted the ERISA Plans" assets to be invested with Madoff Securities. 1 The fraudulent investment scheme carried out by Madoff and Madoff Securities is well- documented as the largest Ponzi scheme in history. -
The Roberts Court and Securities Class Actions: Reaffirming Basic Principles Eric Alan Isaacson
The University of Akron IdeaExchange@UAkron Akron Law Review Akron Law Journals October 2015 The Roberts Court and Securities Class Actions: Reaffirming Basic Principles Eric Alan Isaacson Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Follow this and additional works at: http://ideaexchange.uakron.edu/akronlawreview Part of the Litigation Commons Recommended Citation Isaacson, Eric Alan (2015) "The Roberts Court and Securities Class Actions: Reaffirming Basic Principles," Akron Law Review: Vol. 48 : Iss. 4 , Article 8. Available at: http://ideaexchange.uakron.edu/akronlawreview/vol48/iss4/8 This Article is brought to you for free and open access by Akron Law Journals at IdeaExchange@UAkron, the institutional repository of The nivU ersity of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Akron Law Review by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. Isaacson: Securities Class Action THE ROBERTS COURT AND SECURITIES CLASS ACTIONS: REAFFIRMING BASIC PRINCIPLES Eric Alan Isaacson* I. Introduction ....................................................................... 924 II. The Roberts Court Record: Sometimes Quite Hospitable to Class Proceedings ........................................ 926 III. Background of the Roberts Court’s Securities Class- Action Decisions: The 1988 Rehnquist Court Basic v. Levinson Decision And the Presumption -
RESEARCH CORNER November 30, 2020
RESEARCH CORNER November 30, 2020 OBSERVATIONS • COVID-19: AstraZeneca & the University of Oxford’s vaccine candidate’s results showed an efficacy rate of 70%, on average. Depending on dosage, effectiveness ranged from 62% to 90%.1 • Unleaded gasoline reaches a national average of $2.11 a gallon – the lowest for a Thanksgiving week since 2015. AAA estimates that travel by automobile will account for 95% of Thanksgiving holiday travel.2 • CoStar Group estimates that retailers are in a $52 billion hole of missed rent payments. Examples include Signet Jewelers which had deferred $78 million in rent payments while Bed, Bath, and Beyond has held back nearly $51 million in rents.2 • According to Adobe Analytics, Thanksgiving Day retail spending hit a new record of nearly $5bn, a +21.5% from last year. Almost 50% of transactions originated from a smart phone. • Business activity in the U.S. continued its upward trajectory in November, reaching the fastest pace since March 2015 according to IHS Markit Purchasing Managers Index data. The Eurozone has seen a deceleration in activity, to 5-month lows, as widespread lockdowns have been more broadly enacted.2 • For the first time, Tesla’s market capitalization exceeded $500bn and is set to be included into the S&P 500 on 21-Dec. If included as of 24-Nov, Tesla would be the 8th largest company by this measure – beating out the likes of Visa ($459.8bn), Walmart ($427.7bn), Johnson & Johnson ($378.7bn), and J.P. Morgan ($359.3bn).3 • The global airline industry is expected to lose -$157bn during 2020 and 2021, marking the worst 2-years on record and down -60% from June’s forecasts.