Category: z-Exclude

On April 26, after months awaiting a response, Japan’s Foreign Ministry announced it had received confirmation from Myanmar’s military junta that it misused two Japan-funded civilian vessels to transport soldiers and weapons in Rakhine State in September 2022.

A Japanese Foreign Ministry spokesperson said Japan protested the misuse and the junta “expressed regret over the situation,” saying it will do its “utmost to prevent recurrence.”

Human Rights Watch first revealed the incident in October 2022 after analyzing letters from Myanmar officials that stated that two of three vessels delivered by Japan between 2017 and 2019 had been used to transport more than 100 soldiers and materiel to the town of Buthidaung in Rakhine State, where the military is fighting the Arakan Army, an ethnic armed group. The Japanese government had been requesting information from the junta following that reporting.

Hackers have stolen email addresses, direct messages, and other personal data from users of two dating websites, according to a data breach expert.

Earlier this week, someone alerted Troy Hunt, the founder and maintainer of the data breach alerting website Have I Been Pwned, that hackers had breached two dating websites, CityJerks and TruckerSucker. Hunt told TechCrunch that he analyzed the stolen data and found usernames, email addresses, passwords, profile pictures, sexual orientation, users’ date of birth, their city and state, their IP addresses, and biographies. The stolen passwords are scrambled with a weak algorithm that could potentially be broken and allow hackers to see the actual passwords.”

The U.S. is imposing sanctions on groups in Russia and Iran associated with the wrongful detainment of its citizens, CNN reported on April 27. Former U.S. Marine Paul Whelan and Wall Street Journal reporter Evan Gershkovich are currently being held in Russia on trumped-up espionage charges. Russian Foreign Minister Sergei Lavrov attempted to justify Russia detaining the two U.S. citizens while speaking to journalists at the United Nations on April 25, claiming they were detained “when committing a crime.” People familiar with the matter told Bloomberg in mid-April that Russian dictator Vladimir Putin “personally approved” Gershkovich’s arrest on espionage charges. In Iran, Siamak Namazi, Emad Sharghi and Morad Tahbaz are all being held in a prison where where there have been reports of torture, CNN wrote. According to CNN, the sanctions imposed by the U.S. would target Russia’s Federal Security Service and the Intelligence Organization of Iran’s Islamic Revolutionary Guard Corps. Four individuals in Iran would also be targeted by the sanctions. “We are showing that one cannot engage in this sort of awful behavior using human beings as pawns, as bargaining chips, without paying consequences and these are some of the consequences,” a senior U.S. administration official said, as quoted by CNN. However, as CNN pointed out, “questions remain about the real impact of these sanctions because many of the entities hit on Thursday were already sanctioned under different authorities by the U.S.”

It’s been six weeks since the collapse of Silicon Valley Bank and Signature Bank threatened to kick off a nationwide bank run. Now, U.S. regulators are due to issue their postmortem reports.

The Federal Reserve plans to release a report Friday on whether there were lapses in its oversight of Silicon Valley Bank that may have contributed to the bank’s failure.

Separately, the Federal Deposit Insurance Corp. will also report Friday on how the regulator supervised New York-based Signature Bank, which failed days after the Silicon Valley lender.

The sudden implosion of two big regional banks rattled nerves throughout the financial system last month, forcing the federal government to take emergency steps to prevent a nationwide bank run.

BEIJING — Chinese leader Xi Jinping said Wednesday that Beijing will send an envoy to Ukraine to discuss a possible “political settlement” to Russia’s war with the country.

Beijing has previously avoided involvement in conflicts between other countries but appears to be trying to assert itself as a global diplomatic force after arranging talks between Saudi Arabia and Iran in March that led them to restore diplomatic relations after a seven-year break.

Xi told Ukrainian President Volodymyr Zelenskyy in a phone call that a Chinese envoy, a former Chinese ambassador to Russia, would visit Ukraine and “other countries” to discuss a possible political settlement, according to a government statement.

It made no mention of Russia or last year’s invasion of Ukraine and didn’t indicate whether the Chinese envoy might visit Moscow.

The Xi-Zelenskyy phone call was long anticipated after Beijing said it wanted to serve as a mediator in the war.

Senator Brian Schatz is one of the more thoughtful Senators we have, and he and his staff have actually spent time talking to lots of experts in trying to craft bills regarding the internet. Unfortunately, it still seems like he still falls under the seductive sway of this or that moral panic, so when the bills actually come out, they’re…

In court papers filed late Wednesday, the Justice Department lawyers said releasing 21-year-old Jack Teixeira from jail while he awaits trial would be a grave threat to the U.S. national security. Investigators are still trying to determine whether he kept any physical or digital copies of classified information, including files that haven’t already surfaced publicly, they wrote.

“There simply is no condition or combination of conditions that can ensure the Defendant will not further disclose additional information still in his knowledge or possession,” prosecutors wrote. “The damage the Defendant has already caused to the U.S. national security is immense. The damage the Defendant is still capable of causing is extraordinary.”

A detention hearing is scheduled for Thursday in the federal court in Worcester, Massachusetts, for Teixeira, who has been in jail since his arrest earlier this month on charges stemming from the highest-profile intelligence leak in years.

Pfizer Inc applied to be registered as an importer of controlled substance Pentobarbital

A filing with the U.S. Securities and Exchange Commission shows Meta is preparing for a stop on its EU-U.S. data flows and a EU General Data Protection Regulation fine. The company’s Q1 2023 earnings report explained to investors the impacts of the imminent final decision from Ireland’s Data Protection Commission on the legality of its EU-U.S. transfers.
The DPC order, expected to be formally published by 12 May, could force a halt to Facebook’s EU operations if adequacy for the DPF is not granted before the order takes effect. Additionally, Meta is planning for a potentially steep monetary fine and corrective measures from the DPC after recommendations from the European Data Protection Board.
“We expect the Irish Data Protection Commission to issue a decision in May in its previously disclosed inquiry relating to transatlantic data transfers of Facebook EU/EEA user data, including a suspension order for such transfers and a fine,” Meta explained in its report.
IAPP Vice President and Chief Knowledge Officer Caitlin Fennessy, CIPP/US, said the expected stop transfers order and any yet-to-be-announced corrective measures could prove more meaningful than even a record penalty, noting curtailed data flows and subsequent change in data-driven business model “could have even larger financial implications for Meta and thousands of other companies.”
A new data transfer mechanism to replace the EU-U.S. Privacy Shield Framework remains the top solution for Meta’s transfer woes.
The timeline for finalization of a new mechanism remains undetermined as the European Commission works toward a final adequacy decision with the U.S. under the proposed EU-U.S. Data Privacy Framework. European Commissioner for Justice Didier Reynders previously indicated the DPF could be finalized as early as July, which could be just in time if the order includes a three-month implementation window, as some previous orders have.
“Our ongoing consultations with policymakers on both sides of the Atlantic continue to indicate that the proposed new EU-U.S. Data Privacy Framework will be fully implemented before the deadline for suspension of such transfers, but we cannot exclude the possibility that it will not be completed in time,” Meta wrote. “We will also evaluate whether and to what extent the (DPC) decision could otherwise impact our data processing operations even after a new data privacy framework is in force.”  
In the wider scope of the looming order, Fennessy said, “This could lead EU businesses to demand data localization from U.S. business partners or to switch to domestic alternatives. Such shifts could well outlast the adequacy process. Privacy professionals across sectors should prepare their CEOs and boards for significant data transfer disruptions in the months to come.”
Case origins
In July 2020, the Court of Justice of the European Union invalidated Privacy Shield and cast a shadow over the use of standard contractual clauses in what’s commonly known as the “Schrems II” decision. In the wake of the CJEU decision, the DPC initiated an “own volition” inquiry under Ireland’s Data Protection Act to consider whether Facebook’s data transfers to the U.S. were legal.
Meta’s legal challenges to the DPC’s inquiry were denied by the High Court of Ireland in May 2021. That paved the way for the DPC to reach its draft decision to halt Meta from transferring personal data from the EU to the U.S. through its use of standard contractual clauses. The draft decision was sent to EU data protection authorities July 2022.
Meta responded by claiming its Facebook and Instagram operations in the EU may be shuttered pending the final decision and the timeline for a Privacy Shield replacement.
Delivery of the decision to DPAs triggered two EU General Data Protection Regulation-mandated processes concerning the European Data Protection Board. The EDPB first took up an Article 60 process that provided DPAs a month to deliberate, comment, or express “relevant or reasoned objection,” on the DPC’s draft decision. Objections were made, forcing an Article 65 dispute resolution among board members.
The EDPB’s binding Article 65 decision issued 13 April resolved data protection authorities’ differences on “whether an administrative fine and/or an additional order to bring processing into compliance must be included in the Irish DPA’s final decision.”
The DPC has one month to adopt its final decision based on the EDPB’s opinion and legal analysis. Irish Data Protection Commissioner Helen Dixon recently said she expects the final decision to be published no later than 12 May.

As a result of action by the Federal Trade Commission and the Commonwealth of Pennsylvania, debt collection company International Credit Recovery, Inc. (ICR), officer Richard Diorio, Jr., and manager Cynthia Powell, have agreed to a permanent ban from the debt collection industry after being charged with engaging in bogus debt collection efforts against businesses and non-profits. 

The FTC and Pennsylvania alleged that ICR was a key part of a telemarketing scheme run by American Future Systems, Inc., (AFS), which also does business as Progressive Business Publications and the Center for Education and Employment Law. ICR allegedly collected on debts AFS claimed organizations such as businesses, schools, fire and police departments, and non-profits owed for book and newsletter subscriptions they did not order.

 “The defendants in the case were the second half of a one-two punch that targeted small businesses, non-profits and first responders, first with bogus subscription bills and then bogus debt collection,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. “We’re proud to work with our partners in Pennsylvania to hold them accountable.”

“Through collaboration with our federal partners, we reached an agreement that ensures Pennsylvanians will be protected from these callous defendants that preyed on emergency-responder and non-for-profit organizations to fulfill their selfish greed,” Pennsylvania Attorney General Michelle Henry said.

The FTC and Pennsylvania charged that, in connection with its debt collection activities, ICR contacted consumers that it knew or had reason to know did not agree to order paid subscriptions. They also charged that ICR used false or unsubstantiated representations to try to get consumers to pay, and that ICR illegally threatened consumers if they did not pay.

The court order, which was agreed to by the defendants to settle the case, permanently bans them from the debt collection industry, as well as requires them to cooperate since the case will continue against the other defendants AFS, Progressive Business Publications of New Jersey, Inc. and Edward Satell.

The Commission vote approving the stipulated final order was 3-0-1, with Commissioner Christine S. Wilson not participating. The vote on this matter closed on March 23, 2023, prior to Commissioner Wilson’s departure from the Commission. The U.S. District Court for the Eastern District of Pennsylvania approved the settlement.

NOTE: Stipulated final orders or injunctions have the force of law when approved and signed by the District Court judge.

This matter is being handled by the FTC’s East Central Region.

The wave of U.S. comprehensive state privacy legislation that few ever thought would materialize in a calendar year has revealed itself. Comprehensive bills in Montana and Tennessee cleared their respective state legislatures 21 April — the first same-day passage for two state privacy bills — to join Indiana and Iowa among states to reach the finish line this year.

Both bills, which now await enactment pending governor’s signature, carry likeness to existing state privacy laws with some originality.

Montana Senate Bill 384 aligns exclusively with the Connecticut Data Privacy Act after surprise amendments during the cross-chamber process. Tennessee’s bill brings the most unique provisions, including enforcement that hinges on adoption of the U.S. National Institute of Standards and Technology’s Privacy Framework.

FDA OCI, Greater Boston Behavioral Health, guilty, plea, misbranded, drugs, prescription, Rx, $2.5 million, fines, forfeiture, Botox, foreign, black box, warning, side effects, migraine, treatment, consumer protection,

The Supreme Court recently heard oral argument in the appeal of two False Claims Act (FCA) cases from the Seventh Circuit that called into question the level of intent, or scienter, required to establish corporate liability under the FCA for “knowingly” overbilling the government for goods or services.  The Court’s eventual decision may have widespread…… Continue Reading
The post Healthcare Companies and Companies Doing Business with the US Government – Supreme Court Appears Likely to Clarify False Claims Act (FCA) Knowledge Requirements appeared first on Global Investigations & Compliance Review.

I’m going to write about mifepristone and the legal troubles around it, and I will probably regret doing so. That’s partly because the situation is changing – this dispute is now before the US supreme court, and for better or worse, they will have the last word. But as of this writing, that last word hasn’t been handed down, and…

All of the RSC’s open access journals will benefit from an increased presence on the popular academic social networking site ResearchGate, under an agreement announced on 20 April. The new collaboration follows the RSC’s commitment last year to transition to a wholly open access (OA) publishing model within five years.

The approximately 1.5 million chemical scientists who use ResearchGate globally will now be able to access these publications. Through the arrangement, all version-of-record content from the RSC’s eight newly launched OA journals will be syndicated directly to ResearchGate. In addition, dedicated journal profiles will be created and made accessible on the network, and each journal will be prominently represented on all of its associated article pages on ResearchGate.

LOS ANGELES – A former doctor has been sentenced to 84 months in federal prison for scheming to defraud private insurance companies and the Tricare health care program for U.S. military service members by fraudulently submitting nearly $120 million in claims related to the 1-800-GET-THIN Lap-Band surgery business, the Justice Department announced today.

Julian Omidi, 54, of West Hollywood, was sentenced Monday evening by United States District Judge Dolly M. Gee.

Judge Gee also sentenced Surgery Center Management LLC (SCM), an Omidi-controlled Beverly Hills-based company, to five years’ probation. A separate hearing on restitution and forfeiture in this case, along with SCM’s fine, is expected in the coming weeks.