Sunday, July 18, 2010

Payday Lenders and Payday Employees Fear for Their Jobs

LOS ANGELES, July 18 - The Financial Reform Bill has passed congress and is on its way to be signed by President Obama. One of the things this bill will do is create a new government agency to oversee and regulate the financial lending industry. This agency will be called Consumer Financial Protection Bureau (CFPB). The CFPB, along with many of the politicians who supported the bill, have vowed to put all sorts of caps and limitations on the short term lending industry, which includes the payday loan industry.

Many payday lenders and their employees, like Pay1Day.com, are worried about their future because they believe that they are already overregulated by their respective States. For example, the State of Arizona recently banned payday loans, which forced many payday lenders, like Solomon Finance, out of the State. The act of banning payday loans and having to shut down business resulted in thousands of citizens losing their jobs.

"The payday loan industry is already closely regulated," said Gabe Rodriguez, who is a known author for a website that writes about payday loans. He goes on to say, "States that have allowed regulated payday lending have very few complaints against our industry."

According to a comment left a one of the online payday loan blogs, an employee for a small payday loan company said:

"I work in a payday/small loan company. I am getting so flustered with all of this. Every day I wait on news that will shut us down or news that they will leave us alone. I feel as if many of us are on pins and needles wondering if soon we will be in the unemployment lines. Job security is gone, and a lot of the zest that I once had is fizzling out.. I am not alone in this.. There is uncertainty in the air... I sure wish at least we knew what and when these changes would occur."

Payday lenders feel that the financial reform bill is not addressing the root causes of what led the US economy to collapse in 2008. It was well documented and evident that subprime mortgages, the major wall street banks irresponsible lending, and the greed of CEOs and CFOs of those banks and financial institutions were the causes for the deep recession of 2008. In other words small lenders such as payday loan lenders had nothing to do with it yet may be overregulated as the result of the passage of this new financial overhaul.

Saturday, July 10, 2010

Disney Must Pay $270 Million to 'Who Wants To Be A Millionaire : Jury

LOS ANGELES, July 9 - On July 7, 2010, a federal jury awarded Celador International, Ltd. $269.4 million in damages after unanimously finding that Disney subsidiaries, ABC Television, Buena Vista Television, and Valleycrest Productions, Ltd. had breached their contract with Celador to share profits from the enormously successful game show "Who Wants To Be A Millionaire?". In reaching its verdict in Celador International Ltd. v. Walt Disney Co., the nine member jury also unanimously found that the Defendants breached the implied covenant of good faith and fair dealing they owed to Celador. The jury deliberated for two and a half days before reaching its verdict.

The lawsuit, filed in 2004, arose over a dispute regarding profits from the highly successful game show. "Who Wants To Be A Millionaire?", which became a smash hit in 1999 and took ABC from #4 to #1 in network rankings, was created by British company Celador International, Ltd. which licensed the rights to ABC Television and Buena Vista Television for North America. In return, Celador was to share fifty-fifty in expected profits from the show. But based on accountings generated by The Walt Disney Co., not only did the show -- which aired on ABC for three years and has been in syndication for ten years -- never make a profit, it generated over $70 million in "losses" for Disney. The jury found otherwise after a four week trial in Riverside, Calif.

Paul Smith, chairman of Celador, said, "I am pleased that justice has been done and thank the jury for their wisdom and the time they have taken to consider this complex case."

"We are delighted with the jury's decision. Whether the parties are worldwide business conglomerates or two neighborhood businesses, a contract is a contract. The jury agreed that Disney's secret deals, and accounting maneuvers were not lawful," said Celador's trial lawyers Roman M. Silberfeld and Bernice Conn, partners with Robins, Kaplan, Miller & Ciresi L.L.P. in Los Angeles.

About Robins, Kaplan, Miller & Ciresi L.L.P.

Robins, Kaplan, Miller & Ciresi L.L.P. (www.rkmc.com) is one of the top trial firms in the country. The firm's clients include numerous Fortune 500 corporations, emerging markets companies, entrepreneurs, and individuals as both plaintiffs and defendants. Robins, Kaplan, Miller & Ciresi L.L.P. is frequently engaged in high-stakes, complex litigation with significant bottom-line implications for their clients, and the business lawyers handle complex transactions in a variety of market segments. The firm has more than 250 lawyers located in Atlanta, Boston, Los Angeles, Minneapolis, New York and Naples (FL).

Robins, Kaplan, Miller & Ciresi L.L.P. has been honored with recognition from The American Lawyer, which ranked the firm no. 6 in the country in the 2009 Pro Bono Survey, and twice named the firm to the A-List (2007 and 2004). The firm has regularly received a top ranking for litigation from Chambers USA. In 2009, the firm was included on the National Law Journal's "The Midsize Hotlist" and chosen as a "Go-To Law Firm" by Corporate Counsel.

Friday, July 9, 2010

Trucking Associations Support Efforts to Reduce Idling

ARLINGTON, Va., July 9 - The American Trucking Associations and several of its affiliates support the Diesel Idle Reduction Campaign headed by the Metropolitan Washington Council of Governments (COG), in partnership with the District Department of the Environment, District Department of Transportation and Maryland Department of the Environment.

The official launch of the campaign will take place at 11 a.m. on July 13 at COG headquarters near Union Station.

The aims of the campaign, which include reducing discretionary idling, improving public health and protecting the environment, align with the goals of ATA's Sustainability Initiative.

ATA launched its six-prong campaign in 2008, with one goal being the reduction of both discretionary and non-discretionary idling. Discretionary idling, the type being targeted by COG's campaign, occurs when drivers leave engines running during their rest periods to provide heat or air conditioning for the sleeper compartment, keep the engine warm during cold weather and provide electrical power for their appliances. Non-discretionary idling, which can be reduced by improvements to our national highway system that alleviate bottlenecks, occurs when vehicles are stuck in congested traffic.

"When truck and bus drivers turn off their engines when they're not needed, they do more than avoid fines and cut fuel costs," ATA Vice President and Environmental Affairs Counsel Glen Kedzie said. "They take an important and easy step toward improving air quality."

Other components of the ATA sustainability plan include:
-- Federal laws requiring trucks to have speed governors set at 65 mph or
below, and a national speed limit of 65 mph for all vehicles.
-- Allowing more productive truck weights and combinations, which safely
improve fuel economy.
-- Expansion of the EPA SmartWay(SM) Transportation program, which works
to reduce greenhouse gases and save fuel.
-- Reducing idling by updating the interstate system and reducing traffic
congestion.
-- Developing fuel economy standards for commercial vehicles.


ATA affiliates who are actively supporting COG's idle reduction campaign include the Truckload Carriers Association, Maryland Motor Truck Association and Virginia Trucking Association.

ATA currently helps promote idling reduction by making its members aware of each jurisdiction's idling regulations. The American Transportation Research Institute regularly updates its idling compendium when new regulations are published. The compendium shows that currently, commercial vehicles in the District of Columbia are permitted to idle for no more than 3 minutes, with limits of 5 minutes in Maryland and 10 minutes in Virginia. Exceptions are made for certain conditions, as detailed in the compendium.

For more information about ATA's Sustainability Initiative, visit www.trucksdeliver.org.

Thursday, July 1, 2010

Founder and Treasurer of Labor Union Charged with Mail Fraud

WASHINGTON, July 1 - The founder and treasurer of the National Association of Special Police and Security Officers (NASPSO) was charged with four counts of mail fraud in connection with his operation of a pension plan for members of NASPSO, a labor union representing private security guards assigned to protect federal buildings in the metro Washington area.

The charges were announced by Assistant Attorney General Lanny A. Breuer of the Criminal Division; Mabel Capolongo, Director of the Philadelphia Regional Office of the Employee Benefits Security Administration of the Department of Labor; and Robert L. Panella, Special Agent in Charge of the Office of Inspector General, Office of Labor Racketeering and Fraud Investigations of the Washington, D.C. Regional Office.

Caleb Gray-Burriss, 59, of Washington, was arrested Tuesday in Washington, and charged in an indictment returned by a grand jury on June 25, 2010, and unsealed today. Gray-Burriss will make his initial appearance tomorrow in U.S. District Court in Washington.

The indictment charges that, from approximately June 2004 through August 2006, Gray-Burriss wrote numerous checks to himself or to other third parties from the checking account where he had placed funds intended for the NASPSO pension plan to cash. The indictment alleges that Gray-Burriss spent more than $100,000 of the pension plan funds in this way, while at the same time falsely maintaining that it was an operational fund that he was properly administering and that was providing benefits to the beneficiaries.

The investigation leading to the indictment and arrest of Gray-Burriss was conducted by investigators from two agencies of the U.S. Department of Labor - the Employee Benefits Security Administration and the Office of Inspector General, Office of Labor Racketeering and Fraud Investigations. The case is being prosecuted by Trial Attorney Vincent Falvo of the Criminal Division's Organized Crime and Racketeering Section.

Another Case Against Port Trucking Firm

Class-Action Lawsuit Alleges Sun Pacific Trucking Inc Committed 'Wage Theft'

LOS ANGELES, June 30 - The Teamsters Union praised the courage of the Southern California port drivers who today filed a class-action suit against their employer, Sun Pacific Trucking, Inc., and Pacific Green Trucking, Inc., that alleges they were denied minimum wage, meal and rest periods, among other violations rampant in the deregulated industry. According to the driver's attorneys Sun Pacific and Pacific Green Trucking are nothing more than "alter egos" of the same enterprise and both are liable for the violations.

"Sun Pacific basically stole our money," said one of the plaintiffs, Jorge Ramirez. "Usually Sun Pacific would ask us to work an extra hour here, an extra half-hour there and by the end of the week all those hours would add up, but we would never see our hard-earned money."

The suit serves as only the latest example of widespread wage theft and other abuses by port trucking companies: It comes just as a powerful U.S. Congressional transportation committee has launched an investigation into questionable truck leasing practices that House representatives called "serfdom," and amid an ongoing California attorney general crackdown on misclassification.

The plaintiffs' attorney, Adam Luetto, recently filed a similar class-action lawsuit against another major port trucking company at the Ports of Los Angeles and Long Beach, Total Transportation Services, Inc.

"Port drivers consistently claim that they are forced to drive long hours without breaks and required to perform work they never get paid for," Luetto said. "These drivers, unsurprisingly, are simply tired of working for free and we are working hard to hold their employers responsible for such unlawful employment practices."

The Teamsters, the nation's largest union of transportation workers, cooperated with the named plaintiffs' attorneys at the Law Offices of Ellyn Moscowitz, PC, Keller Grover, LLP, and the Law Offices of Scot D. Bernstein, A Professional Corporation, to provide evidence for the latest wage-and-hour complaint filed in Los Angeles Superior Court.

"What we are seeing in Southern California is mirrored in ports across the nation, trucking companies are simply accustomed to denying workers and their families their right to benefits and fair compensation," said Fred Potter, Teamsters International Vice President and Port Division Director. "The Teamsters will continue to cooperate with public officials, private attorneys and legal authorities to help put an end to the injustice that exists in ports across the country."

In the fall of 2008, the Port of Los Angeles enacted powerful new regulations as part of its Clean Truck Program that required trucking firms to take full responsibility of their workers and environmentally-compliant trucks.

The program began to transform the industry's low-road structure into an efficient, environmentally sound and fair business model. However, a Virginia-based trucking industry lobby that represents Southern California port firms, the American Trucking Association, launched a legal assault and obtained a temporary injunction just over a year ago that eroded the program's EPA award-winning standards in order to continue business as usual.

Today, the mounting scrutiny continues to raise questions about the legitimacy of the current structure of the port "drayage" industry. Following a May 5 congressional hearing, the House Highways and Transit Subcommittee commenced a joint investigation with the House Labor and Education Committee regarding trucking companies' treatment of drivers.

In February, California Attorney General Jerry Brown received a fifth legal judgment against port trucking companies who misclassify their workers and deny them the Social Security, Medicare and workers' compensation benefits to which they are entitled under state law.

Founded in 1903, the International Brotherhood of Teamsters represents 1.4 million hardworking men and women in the United States, Canada and Puerto Rico.

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Five Brothers Charged in Human Trafficking Scheme that Smuggled Young Ukrainian Migrants

WASHINGTON, June 30 - An indictment unsealed today in Philadelphia charged Omelyan Botsvynyuk, Stepan Botsvynyuk, Mykhaylo Botsvynyuk, Dmytro Botsvynyuk, and Yaroslav Botsvynyuk, a/k/a Yaroslav Churuk, with extortion and conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO) for their alleged involvement in a human trafficking operation, the Justice Department announced.

Assistant Attorney General for Civil Rights Thomas E. Perez, U.S. Attorney Zane David Memeger of the Eastern District of Pennsylvania, FBI Special Agent-in-Charge Janice K. Fedarcyk of the Philadelphia Field Office and ICE Special Agent-in-Charge John P. Kelleghan announced the indictment.

Four of the Botsvynyuk brothers were arrested today and are charged with conspiring to engage in a pattern of racketeering activity, from the fall of 2000 through the spring of 2007, by operating a human trafficking organization that smuggled young Ukrainian migrants into the United States and forced them to work for the brothers with little or no pay.

According to the indictment, the defendants promised the victims they would earn $500 per month with free room and board by working for the Botsvynyuk organization. They smuggled the workers into the United States and put them to work as cleaning crews in retail stores, private homes and office buildings without paying them. They used physical force, threats of force, sexual assault and debt bondage to keep the victims in involuntary servitude. The indictment further alleges that even after some of the victims escaped, the defendants continued with their extortionist activities in order to recoup the organization's investment in the workers. If direct threats failed and the workers did not return or make good on their debts, the Botsvynyuk brothers threatened violence to the workers' families still residing in Ukraine. In one instance, according to the indictment, Omelyan Botsvynyuk threatened to place a worker's then nine-year-old daughter into prostitution to pay off the family debt.

"Human trafficking is a scourge that denies human beings their fundamental right to freedom. Those who prey on the most vulnerable through force, fraud or coercion will be investigated and prosecuted to the fullest extent of the law," said Assistant Attorney General Perez. "The Civil Rights Division will continue to work with U.S. Attorney's Offices nationwide, law enforcement agencies across the globe, and victim assistance organizations to vindicate the rights of victims, bring traffickers to justice and dismantle human trafficking networks."

"The victims in this case entered this country with dreams of great opportunity only to find themselves living a nightmare," said U.S. Attorney Memeger. "They trusted this band of brothers, they performed the work they were told only to be rewarded with false promises, threats of brutality, and deprivation of their basic human needs. No one trying to immigrate to this country should have to endure such mistreatment."

Rather than bringing the workers to the United States legally, the indictment alleges that the Botsvynyuk organization obtained tourist visas to Mexico and had operatives who coached the workers on how to enter the United States illegally. While some of the workers successfully entered the country, others were taken into custody by U.S. immigration officials and remained in detention for almost two months. Once the victims were released, with immigration documents and summonses to appear for immigration hearings, the Botsvynyuk organization transported them to Philadelphia either by bus or by plane. The brothers then confiscated the immigration documents and summonses from the workers and put them to work at night cleaning large chain stores, such as Target and Walmart, as well as smaller stores.

Throughout their employment with the brothers, the workers lived with up to five people in one room, slept on dirty mattresses on the floor, and were rarely, if ever, paid. None of the victims was paid what was promised and they were told that they had to continue working until their debts, ranging from $10,000 to $50,000, were paid. Workers were allegedly struck and beaten, sometimes in the presence of others, if they attempted to quit or leave the employ of the Botsvynyuk brothers. According to the indictment, one female worker was brutally raped on several occasions. After some workers escaped, Omelyan Botsvynyuk resorted to extorting the workers' families in Ukraine, threatening them with harm if the workers did not return to work or pay their debts.

Omelyan Botsvynyuk, 51, was arrested in Germany; Stepan Botsvynyuk, 35, was arrested in Philadelphia; Mykhaylo and Yaroslav Botsvynyuk, 41, were arrested in Canada. Dmytro Botsvynyuk remains in Ukraine, a country that has not entered into an extradition treaty with the United States. The defendants in Canada and Germany were arrested pursuant to Interpol arrest warrants and are in the process of being extradited to the United States to face the charges.

If convicted of all charges, the defendants face the following maximum penalties: Omelyan Botsvynyuk - life in prison and a $750,000 fine; Stepan Botsvynyuk - 40 years in prison and a $500,000 fine; and defendants Mykhaylo, Dmytro, and Yaroslav Botsvynyuk - 20 years in prison and a $250,000 fine.

The case was investigated by the Joint FBI Organized Crime/ICE Human Trafficking Alien Smuggling Task Force. Assistance was provided by Pennsylvania State Police, the Philadelphia Police Department, the Department of Labor and Racketeering - Office of Inspector General, Toronto Police Department, German National Police, Berlin State Police, Ukraine Security Service, US National Central Bureau, the Department of Justice Office of International Affairs, and INTERPOL. It is being prosecuted by Assistant U.S. Attorney Daniel A. Velez, and Trial Attorney Eric Gibson of the Civil Rights Division.

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Avista Rate Hikes Would Hit Older Idahoans The Hardest

AARP Study Finds Proposed 14% Electric & 3.6% Natural Gas Rate Increases Could Lead to Adverse Health Outcomes for State's Elderly

BOISE, Idaho, June 30 - While soaring temperatures this summer find most Idahoans reaching for the air-conditioner, soaring utility bills and proposed rate hikes may soon find older residents struggling between their utility bills and prescriptions.

On the heels of two workshops regarding Avista's proposals to increase utility rates even more for residential customers, 14.5% for electric and 4.9% for natural gas, a new AARP study concludes high utility bills will likely lead to adverse health outcomes for many elderly across the state and nation. AARP is urging the Idaho Public Utilities Commission (PUC) to deny the rate increases.

"In a good economy these rate hikes are a bad idea, in a rough economy like today's, they are a horrible idea and one that, if approved, could deliver a harsh blow to the elderly in Idaho," said Jim Wordelman. "AARP is calling on the Idaho Public Utilities Commission to do what's right and say no to higher utility bills at the worst time."

The June AARP study, Affordable Home Energy and Health (http://shar.es/mDxfO), finds that high utility bills leave older people on limited incomes to make dangerous and sometimes deadly choices. Oftentimes, soaring and unaffordable utility bills force the elderly to go without air-conditioning or heat, leaving them at increased risk for weather related illnesses and deaths from heart disease, stroke or respiratory disease. Seventy-four percent of households that include older adults report that they cut back on other necessities (such as groceries or prescriptions), due to high home energy bills.

In recent months, Avista reported a slight drop in its stock price, while the utility company's CEO, John Morris, reports a compensation of over $3 million. The rate hike proposal submitted to the Idaho Public Utilities Commission cites an increase in the cost of producing and delivering energy, coupled with upgrades as the primary reason for the increases.

"Avista is seeking to balance their corporate checkbook on the backs of Idaho consumers," added Wordelman. "People over 65 spend an average of 20% of their household income on utilities and nearly 30% on health care - that doesn't leave a whole lot of wiggle room."

An AARP survey of Idaho residents found an astounding 64% had already seen changes in their utility bills. The full Idaho survey, Economic Well-Being in Idaho, can be found here: http://shar.es/mDxr5.

AARP is encouraging people to contact the PUC in opposition to the proposed Avista rate hikes. To comment on the case people can either fill out an online form on the PUC's website: http://www.puc.idaho.gov/forms/ipuc1/ipuc.html and reference case # AVU-E-10-01 or AVU-G-10-01, or fax comments to the PUC at (208) 334-3762 (be sure to include name, addresses and daytime phone number).

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Suit Against BP for Burning Endangered Sea Turtles Alive

NEW ORLEANS, June 30 - The Animal Welfare Institute (AWI) and other animal protection and conservation organizations have filed suit in federal court today against British Petroleum America, Inc., British Petroleum Exploration & Production and British Petroleum PLC ("BP") for burning critically endangered sea turtles in the Gulf of Mexico, in violation of the Endangered Species Act and other federal laws.

"It is horrifying that these innocent creatures whose habitat has already been devastated by the oil spill are now being burned alive," said AWI President, Cathy Liss. "They are critically endangered and must be protected."

As part of BP's efforts to contain the massive oil spill that continues to devastate the Gulf of Mexico, BP is using "controlled burns" whereby oil is corralled by fire resistant booms dragged through the water by shrimp boats and then lit on fire. Endangered sea turtles, including the Kemp's ridley, one of the rarest sea turtles on Earth, are caught in the gathered oil and unable to escape when the oil is set ablaze.

The lawsuit was filed in the U.S. District Court for the Eastern District of Louisiana by AWI along with the Center for Biological Diversity, Turtle Island Restoration Network and Animal Legal Defense Fund, after notice was given to BP on Monday of its ongoing violations of federal law and the groups' intent to sue.

Under the suit, the plaintiffs have charged BP with violating the federal Endangered Species Act and the terms of its lease with the United States government for the Deepwater Horizon facility, which lease requires BP to comply with all federal environmental laws. The plaintiffs have asked the court to prevent BP from continuing to engage in burning activities in the Gulf of Mexico which kill or injure endangered sea turtles. The plaintiffs have also filed a Temporary Restraining Order seeking an immediate halt to the burning until, at a minimum, mechanisms are implemented that will prevent any additional sea turtles from being burned alive.

"While cleaning up the catastrophic oil spill is critically important, so too is doing it in a way which doesn't destroy wildlife in a flagrantly unlawful manner," said Liss. "We hope that our legal efforts will serve to protect the endangered sea turtles whose very existence hangs in the balance."

Israel's Nuclear Arsenal - July 7, 2010 DC Panel Discussion

WASHINGTON, June 30 - What do newly declassified documents about weapons grade uranium and dual-use technology diversions from the US reveal about the role of espionage in building Israel's secret arsenal? Did Israel's proposed nuclear weapons sales to apartheid South Africa signal they are still for sale if the partner and price are right? Do FBI and CIA cover-ups of investigations into Israeli nuclear espionage signal official US government approval or political acquiescence? Did cooperating with Israel's policy of "strategic ambiguity" ever make sense for the United States? Is the era of "nuclear opacity" now coming to an end? Are Israel's nuclear weapons of strategic benefit to the US? Join our panelists for an exciting discussion of these timely questions!

Sasha Polakow-Suransky is editor of Foreign Affairs magazine at the Council on Foreign Relations and author of the 2010 book "The Unspoken Alliance: Israel's Secret Relationship with Apartheid South Africa."

John J. Mearsheimer is the R. Wendell Harrison Distinguished Service Professor of Political Science and the co-director of the Program on International Security Policy at the University of Chicago and author of the book "The Tragedy of Great Power Politics" and coauthor of "The Israel Lobby and US Foreign Policy."

Grant F. Smith is director of the Institute for Research: Middle Eastern Policy (IRmep) and author of the books "Spy Trade," "America's Defense Line" and "Foreign Agents".

Moderated by Middle East analyst Jeffrey Blankfort, host of the Northern California public radio station KZYX international affairs program, "Takes on the World."

The sole sponsor of this event is IRmep's Mordechai Vanunu Open Nuclear Dialogue Initiative. This free panel discussion with Q&A and continental breakfast buffet begins at 10AM, July 7, 2010 in the International Spy Museum's special events room, 800 F Street NW--Washington, DC 20004. Seating is limited. Register online at http://www.irmep.org/nuclear.htm

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Phoenix Attorney and Two Accountants Plead Guilty to Participation in Fraudulent Offshore Tax Shelter Scheme

WASHINGTON, June 30 - Attorney Steven W. Allen pleaded guilty in federal court in Arizona to taking part in a conspiracy to defraud the Internal Revenue Service (IRS) by promoting a fraudulent offshore trust scheme to hide his clients' income, the Justice Department and IRS announced today. Allen P. Goodmansen, a certified public accountant, pleaded guilty to participating in the same conspiracy. Charles D. Kober, an accountant, pleaded guilty to aiding and assisting in the preparation of a false tax return for a client who used the trust scheme.

According to the indictment and the plea agreements, from at least 1997 to 2004, Allen, Goodmansen and others, participated in a scheme to help their clients evade their income taxes. Allen set up a series of offshore trusts in which his clients hid their income from the IRS. Allen also helped his clients hide their ownership of businesses and other assets by directing them to title their businesses and other assets in the names of their foreign trusts. Allen charged his clients between $10,000 and $30,000 to set up the trust packages.

The indictment and plea agreements further state that, at Allen's direction, accountants Goodmansen and Kober prepared false trust tax returns to create the appearance that their clients' income belonged to their trusts. Goodmansen and Kober also prepared fraudulent personal tax returns for some of their clients. These fraudulent tax returns omitted the income that the clients hid through the foreign trusts. To hide the fact that the scheme was taking place in Arizona, Allen caused the false trust tax returns to be mailed to the IRS from outside the United States. In fact, none of the clients' money or other assets were outside of the United States. Goodmansen also personally used the scheme in 2002 to hide his own income from the IRS.

Allen and Goodmansen face a maximum sentence of five years in prison and a fine of $250,000. Kober faces a maximum sentence of three years in prison and a fine of $250,000. Allen will be sentenced on Sept. 20, 2010, and Goodmansen and Kober will be sentenced on Sept. 13, 2010.

This case was investigated by IRS Criminal Investigation in Phoenix, and is being prosecuted by Tax Division Trial Attorneys Monica B. Edelstein and Michael J. Romano.

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JCP&L Announces 2010 Power Systems Institute Graduates

Successful Program Will Add 44 New Employees and 40 Summer Workers

MORRISTOWN, N.J., June 30 - Jersey Central Power & Light (JCP&L), Raritan Valley Community College, and Brookdale Community College are pleased to announce the Power Systems Institute (PSI) Class of 2010. Forty-four graduates of the program have been hired by JCP&L. In addition, 40 students currently enrolled in the program have been hired as summer workers.

PSI is an award-winning, two-year educational program designed by JCP&L's parent company, FirstEnergy Corp. (NYSE:FE) , to prepare the next generation of utility line and substation workers. Students in the program can earn an Associate of Applied Science degree with a focus on electric utility technology, and may be eligible to receive free tuition, including college fees, books and required protective clothing.

Brookdale Community College Graduates joining JCP&L are: Michael Baniowski, Jason Bridges, Steven Brendel, Thomas Brown, Daniel Crenshaw, William Dahrouge, Anthony Durando, Kevin Froes, Robert Graczyk, Richard Greene, Doug Howe, Paul LaMonica, Thomas Liana, Josh Linkhart, Michael Marino, Jonathan Nelson, Christian Nguyen, Joseph Olini, Alonzo Rawls, Benjamin Seymour, Justin Shulske, John Thomas, and Tom Zadroga.

Raritan Valley Community College graduates joining JCP&L are: Antonio Amendoeira, Mark Blanco, James Boyer, Jeff Briggs, Richard Coates, Lance Cook, Andy Dabkowski, Ryan Derr, Ryan Farley, Thomas Farley, Alan Fernicola, Brian Fiorello, James Griner, Michael Hedlund, Kevin Kinney, Richard LaFevre, Kyle O'Loughlin, Ralph Price, James Schmidt, Brent Shoemaker and Anthony Virga.

"This year's graduating classes are examples of the success of the PSI program in educating and training the next generation of line and substation workers," said Don Lynch, JCP&L president. "Our new employees will continue to gain valuable experience while working alongside our veteran line and substation workers. They will also benefit from the additional programs we offer to provide continued training and opportunities for advancement. I am pleased to welcome them to JCP&L."

In addition to learning the skills necessary to become an electric utility worker, students completed academic courses including economics, applied physics and English composition. Students also earned first aid and CPR certifications and a Class A Commercial Driver's License.

Besides Raritan Valley Community College and Brookdale Community College, nine other colleges across FirstEnergy's service area offer the PSI program. More information on PSI is available at FirstEnergy's web site, http://firstenergycorp.com/career_center/technical_training/psi/index.html, or by calling 1-800-829-6801.

JCP&L serves 1.1 million customers in 13 New Jersey counties. JCP&L's service area includes all or portions of the counties of Burlington, Essex, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, Union, and Warren.

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Cash for Appliances

HOFFMAN ESTATES, Ill., June 30 - The Sears Blue Appliance Crew(TM) is helping Nebraska residents access the $1,711,000 in rebates available for ENERGY STAR® qualified appliances beginning July 6 until funds are exhausted, as part of the "Cash for Appliances" rebate program. As the 2010 ENERGY STAR Retail Partner of the Year, Sears has revamped its website, Sears.com/energystar to include even more tools to help Americans learn about ENERGY STAR, search for rebates and credits, find the right appliance and dispose of the old one properly, and take small steps to make a big difference. In an effort to help Nebraska residents better manage the rebate process, the Sears site also includes an interactive map, energy savings rebate calculator and information about ENERGY STAR products that qualify for the state rebates so customers can quickly and easily identify their favorite brands and models that are available for in-store purchase.

"At Sears, we're always looking for ways to make it easier and more affordable for Americans to swap out their old, inefficient appliances for new, ENERGY STAR models," said Doug Moore, president of Home Appliances for Sears. "This rebate money will go quickly, so we encourage our customers in Nebraska to take advantage of the stimulus plan as early as possible to ensure access to the state funds."

Under the U.S. Department of Energy-approved appliance rebate plan for Nebraska, residents are eligible for rebates from $100 to $200(I) at Sears. In order to qualify, residents are required to replace their old appliances with new, ENERGY STAR qualified models and must submit proof of purchase within 30 days. In addition, Nebraska residents must purchase ENERGY STAR qualified appliances from registered retailers, such as Sears, and "self-certify" replacement of their old units in order to qualify for the following rebates:

-- $150 for dishwashers (less than or equal to 307 kilowatt hours per
year and less than or equal to 5.0 gallons per cycle)
-- $100 for clothes washers (Tier I)
-- $200 for clothes washers (Tier II)
-- $200 for refrigerators (20% above Federal Standard)



Nebraska residents are also eligible for rebates on energy-efficient, whole-house heating and cooling systems including gas and propane furnaces, heat pumps and central air conditioners. Residents who are interested in purchasing these systems can visit Sears.com/energystar for a complete listing of qualifying products and available rebates, or call Sears Home Services at 1-800-766-6298 to arrange an in-home appointment.

"Sears is proud to be the first retail member of the U.S. Environmental Protection Agency's Responsible Appliance Disposal (RAD) program, which demonstrates our continued commitment to improving the environment through responsible appliance disposal," Moore said. "Not only are we helping the environment by reducing emissions of ozone-depleting substances and greenhouse gases, but we are also making it easier for customers, like those in Nebraska, to dispose of their old appliances responsibly."

Through the RAD(II) program, the Sears Home Delivery Haul Away Service provides removal of one old, inefficient appliance for each new appliance purchased and delivered. Once the old appliance is removed, Sears and its partners ensure that the disposal process takes place in an environmentally friendly manner to avoid the discarding of appliances in landfills. Many of the components of the old appliance are then recycled.

For Nebraska residents interested in purchasing energy-efficient, ENERGY STAR qualified appliances, the Sears Blue Appliance Crew will assist shoppers from start to finish. They can:

-- Provide information about which appliances qualify for state rebates
in store and online at Sears.com/energystar
-- Help shoppers find rebates - searching by product category and
customer's zip code
-- Submit rebates for purchases electronically, before they leave the
store
-- Provide customers with the documentation required in order to receive
state rebates
-- Remove customers' old appliances and dispose of them in a responsible
manner through the Sears RAD program



Sears recently introduced a new initiative called "The Big Switch," to help families make the switch to five million ENERGY STAR qualified appliances. The Big Switch is aimed at helping families remove and recycle millions of inefficient appliances from the energy grid for good and saving families more than $2,500 on their utility bills(III). Sears is also launching a new website, searsbigswitch.com, where customers can take the Sears ENERGY STAR Pledge and learn more about how they can help reduce their energy and water consumption and reduce their impact on the environment.

North Carolina MS-13 Members Sentenced to Prison for Role in Racketeering Conspiracy

WASHINGTON, June 30 - Seven members of the gang known as La Mara Salvatrucha, or MS-13, were sentenced to prison Tuesday for their participation in a racketeering enterprise, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division and U.S. Attorney Anne M. Tompkins for the Western District of North Carolina.

All seven defendants were sentenced by Chief U.S. District Judge Robert J. Conrad Jr. of the Western District of North Carolina.

-- Heverth Ulises Castellon, aka "Misterio" and "Sailor," was sentenced
to 240 months in prison and five years of supervised release;
-- Jaime Sandoval, aka "Pelon," was sentenced to 222 months in prison and
five years of supervised release;
-- Jose Efrain Ayala-Urbina, aka "Peligroso," was sentenced to 168 months
in prison and five years of supervised release;
-- Santos Canales-Reyes, aka "Chicago," was sentenced to 144 months in
prison and five years of supervised release;
-- Alexi Ricardo Ramos, aka "Pajaro," was sentenced to 108 months in
prison and five years of supervised release;
-- Mario Guarjardo-Garcia, aka "Speedy," "Iran Guerrero-Gomez," and "Luis
Angel Galindo," was sentenced to 94 months in prison and five years of
supervised release; and
-- Nelson Hernandez-Ayala, aka "Sixteen," was sentenced to 42 months in
prison and three years of supervised release.


"These prison sentences send a strong message that participating in a gang like MS-13 will have serious consequences," said Assistant Attorney General Breuer. "The Department of Justice and our partners in state and local law enforcement will continue aggressively to prosecute and seek significant prison sentences for individuals who participate in violent, criminal organizations."

"The impact of gang-related criminal activities on a community like Charlotte is a major concern of law enforcement and residents. The U.S. Attorney's Office, along with our law enforcement partners, pledges to continue with our swift and thorough response to gangs who persist as substantial threats to our public safety," said U.S. Attorney Tompkins.

On May 18, 2010, four other MS-13 members were sentenced to prison for their participation in the same conspiracy.

-- Yelson Olider Castro-Licona, aka "Diablo," was sentenced to 75 months
in prison and three years of supervised release;
-- Oscar Manuel Moral-Hernandez, aka "Truchon," was sentenced to 34
months in prison and three years of supervised release;
-- Manuel Cruz, aka "Silencioso," was sentenced to 27 months in prison
and three years of supervised release; and
-- Javier Molina, aka "Big Psycho" and "Gringo," was sentenced to time
served and three years of supervised release.


All 11 defendants previously pleaded guilty to a racketeering conspiracy (RICO) charge, admitting that they conspired to participate in a pattern of racketeering activity with others involved in the MS-13 gang in the Western District of North Carolina and elsewhere from approximately 2003 until July 27, 2009. This activity included murder, robbery, extortion, witness tampering, obstruction of justice, distribution and possession with intent to distribute cocaine and marijuana, and various federal firearms violations.

The RICO count to which all eleven defendants pleaded guilty charged that each defendant, along with others, were involved in the MS-13 gang throughout North Carolina, including Mecklenburg, Guilford, Wake, and Durham counties, and elsewhere. According to court documents, each of the individuals was required to complete an initiation process, often referred to as being "jumped in" or "beat in," in order to join MS-13. Court documents further describe that each member engaged in criminal activity and was sometimes required to commit acts of violence to maintain membership and discipline within the gang, including violence against rival gangs. Gang members were responsible for preserving and protecting the power, territory, reputation and profits of the gang through the use of intimidation, violence, threats of violence, assaults and murder.

The RICO conspiracy charge was part of an indictment originally returned by a federal grand jury in Charlotte, N.C., in June 2008. The indictment charged 26 members of MS-13 with conspiring to participate in the affairs of a racketeering enterprise and the related criminal charges. Six of the 26 members were convicted in January 2010 by a federal jury in Charlotte of criminal charges including the RICO conspiracy, murder, attempted murder, assault, cocaine trafficking and numerous related federal firearms offenses. Those six defendants are currently in federal custody awaiting sentencing.

According to the indictment, the MS-13 gang is a violent international criminal organization composed primarily of immigrants or descendants of immigrants from El Salvador. The purpose of the racketeering enterprise and conspiracy was to preserve and protect the power, territory and profits of the MS-13 enterprise through violent assault, murder, threats of violence and intimidation.

On April 19, 2010, a federal jury found Alejandro Enrique Ramirez Umana guilty of the RICO count; two counts of murder in aid of MS-13; two counts of murder resulting from the use of a gun in a violent crime; possession of a firearm by an illegal alien; one count of extortion; and two criminal counts associated with witness tampering or intimidation. On April 28, 2010, the federal jury voted unanimously to impose the death penalty against Umana. Umana is also currently in federal custody awaiting a July 27, 2010, formal sentencing hearing.

The long-term investigation was initiated by the FBI's North Carolina "Safe Streets" Gang Task Force when a witness came forward with information about the violent operations of a single MS-13 cell operating out of the Charlotte area. The Task Force is composed of the FBI, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Immigration and Customs Enforcement, the Charlotte-Mecklenburg Police Department, and the Gastonia, N.C., Police Department. The FBI's MS-13 National Gang Task Force played a significant role in coordinating the international aspects of the investigation, and additional critical assistance was provided by the Transnational Anti-Gang (TAG) Center. Additional investigative support was provided by the North Carolina State Bureau of Investigation, as well as the Greensboro Police Department and the Durham Police Department. Substantial assistance has been afforded by the U.S. Marshals Service for the Western District of North Carolina. The investigation of the wide-sweeping enterprise resulted in the prosecution of 26 MS-13 members. Eighteen of the defendants have pleaded guilty to the RICO conspiracy in the indictment. Eleven of those defendants have now been sentenced and seven other defendants who have pleaded guilty await sentencing.

The case was prosecuted by Assistant U.S. Attorneys Kevin Zolot, Jill Rose and Adam Morris from the U.S. Attorney's office for the Western District of North Carolina, and Trial Attorney Sam Nazzaro from the Criminal Division's Gang Unit.