Category: enforcement archive

McDonald’s franchises fined for child labor violations

LOUISVILLE, Ky. (AP) — Two 10-year-olds are among 300 children who worked at McDonald’s restaurants illegally, a Labor Department investigation of franchisees in Kentucky found.

Agency investigators found the 10-year-olds received little or no pay at a McDonald’s in Louisville, the Labor Department said. The franchisee for the Louisville store was among three McDonald’s franchisees fined $212,000 in total by the department.

Louisville’s Bauer Food LLC, which operates 10 McDonald’s locations, employed 24 minors under the age of 16 to work more hours than legally permitted, the agency said. Among those were two 10-year-old children. The agency said the children sometimes worked as late as 2 a.m., but were not paid.

“Below the minimum age for employment, they prepared and distributed food orders, cleaned the store, worked at the drive-thru window and operated a register,” the Labor Department said Tuesday, adding that one child also was allowed to operate a deep fryer, which is prohibited task for workers under 16.

Hong Kong Court Freezes Assets of Former Morgan Stanley Manager

The former manager used inside information from a deal Morgan Stanley was advising on to generate HK$4.2mn in profits for herself and a friend.

A Hong Kong court has granted an interim injunction order allowing the freezing of about HKD 8.2 million in assets in an insider dealing case.

The case was brought by the SFC (Securities and Futures Commission), which suspects two individuals – Ms Tsang Ching Yi and Mr Barry Kwok Sze Lok – of engaging in insider trading in the stock of I.T Limited, a software company that was privatised in 2021.

The SFC alleged that Tsang obtained information relating to the privatisation of I.T Limited through her employment as a manager at an investment bank, and shared such information with her friend Kwok, before both traded in the stock using the inside information.

Though not named in the SFC’s statement, the investment bank was identified through Tsang’s licensing record to be Morgan Stanley – which was the adviser for I.T Limited’s privatisation offer.

New reports on Jeffrey Epstein demonstrate deep-going corruption of US ruling elite

A report in the Wall Street Journal, published on the newspaper’s front page Monday morning, links important figures in the US business and political elite to financier and sex trafficker Jeffrey Epstein, who died in a federal prison in Manhattan in 2019 under circumstances that strongly suggest he was murdered to keep him quiet.

The Journal reporters wrote that they had gained access to Epstein’s private diary and other documents, “which include thousands of pages of emails and schedules from 2013 to 2017, [that] haven’t been previously reported.” The diary listed meetings with dozens of individuals, though it supplied little information about the content or subject of the meetings. The bulk of these engagements were at Epstein’s palatial townhouse in Manhattan.

Among those prominently mentioned in the Journal report were two high-level officials of Democratic administrations: William Burns, currently CIA director, formerly deputy secretary of state in the Obama administration; and Kathryn Ruemmler, currently general counsel for Goldman Sachs investment bank, who was White House counsel in the Obama administration.

China’s use of exit bans is on the rise, worrying international businesses: raids on corporate consultancies Mintz Group and Bain & Co.

The Chinese government has significantly increased the use of exit bans to stop people – Chinese and foreign nationals alike – from leaving the country since top leader Xi Jinping took power in 2012, according to a new report describing how a web of vague laws are being expanded for political reasons.

The report comes amid growing concern about the environment for foreign businesses in China, after the wide-ranging overhaul last week of the country’s espionage law and raids on corporate consultancies Mintz Group and Bain & Co.

Retired Air Force general sentenced for wire fraud, falsifying taxes

A retired U.S. Air Force brigadier general was sentenced last week to 12 months and one day in prison for wire fraud and filing a false tax return, the Justice Department announced.

Scott Bethel, 59, worked as a government contractor and advisor to the service following his retirement in 2012, according to the statement. During that time, Bethel launched a business that worked with both the government and his employer, both of which he would reportedly submit invoices to, according to court documents.

Top Russian Activist Indicted

Last weekend, Russian authorities moved one step closer towards potentially locking up Oleg Orlov, one of Russia’s most prominent and outspoken human rights defenders. On April 29, the prosecutor’s office formally indicted him on charges of repeatedly “discrediting” the Russian military, for which he faces a maximum three-year prison sentence. Authorities should immediately drop the charges.

Orlov is co-chair of Memorial, a leading Russian rights group. The government shut down Memorial in 2022 as part of the Kremlin’s effort to stifle critics and human rights work. Yet Memorial’s core activists continued their human rights work, some from abroad, and some, like Orlov, from inside the country.

On March 21, criminal investigators in Moscow interrogated Orlov, informing him they had opened a criminal investigation against him for repeated acts of “discrediting” Russian armed forces, based on his single-person anti-war pickets and his social media post containing his trenchant criticism of the war and of the government’ slide toward totalitarianism and fascism.  They released him later that day on his own recognizance.

Ex-Goldman banker Roger Ng gets delay in starting his prison term

Former Goldman Sachs Group banker Roger Ng won postponement of the start of his 10-year prison term for about three months until Aug 7, a federal judge ruled.

US District Judge Margo Brodie, who sentenced Ng in March for his role in the global 1MDB fraud, granted his request for a delay Monday without explanation.

Ng had been set to begin his prison term May 4. 

Defence lawyer Marc Agnifilo on Friday asked for the delay so Ng could spend more time with his wife and 10-year-old daughter, who had travelled to New York from Malaysia.

Banking Mess: Regulators close First Republic Bank, JPMorgan buyer of $330B assets and deposits, FDIC on the hook for $13B

First Republic Bank, on the brink of collapse in the weeks after the Silicon Valley Bank crisis, has finally fallen over, but with a relatively quick resolution into its next chapter: today the FDIC announced that it was being closed by the the California Department of Financial Protection and Innovation, that the FDIC was appointed as receiver, and that the FDIC would be selling the assets to JPMorgan.

Its assets and deposits total just over $330 billion together.

Specifically, “to protect depositors, the FDIC is entering into a purchase and assumption agreement with JPMorgan Chase Bank, National Association, Columbus, Ohio, to assume all of the deposits and substantially all of the assets of First Republic Bank,” it said.

The FDIC also confirmed deposits will continue to be insured by the FDIC at an estimated cost of about $13 billion to its insurance fund.

Fed says it failed to take forceful action on SVB

The US central bank has said it failed to act with “sufficient force and urgency” in its oversight of Silicon Valley Bank, which collapsed last month in the country’s biggest bank failure since 2008.

The conclusion is one of the main findings from the Federal Reserve’s investigation of the episode.

It sparked global fears about the state of the banking industry.

The review comes as another US lender, First Republic, remains in trouble.

US regulators are reported to be working on a potential rescue for the struggling firm, which was the 14th largest bank in the US at the end of last year.

Fugitive CEO ordered to pay record $4.5 billion for global fraud scheme involving Bitcoin

A United States judge has ordered a South African executive to pay more than US$3.4 billion (S$4.5 billion) in restitution and fines for a fraud scheme involving Bitcoin – the highest-ever civil monetary penalty in any US Commodity Futures Trading Commission (CFTC) case.

Cornelius Johannes Steynberg, the founder and chief executive officer of Mirror Trading International Proprietary, committed fraud tied to retail foreign currency transactions, among other violations, the agency said in a statement that announced the order by US District Judge Lee Yeakel.

Tokyo Confirms Myanmar Military Misused Japan-Funded Ships

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.

Commanders suspended at base where alleged Pentagon leaker worked

Two commanders in the Massachusetts Air National Guard were temporarily suspended last week in connection with a federal investigation into alleged classified intelligence leaker Jack Teixeira, the Air Force confirmed Thursday.

Col. Sean Riley, commander of the 102nd Intelligence Wing at Otis Air National Guard Base on Cape Cod, suspended the head of the subordinate 102nd Intelligence Support Squadron where Teixeira worked. The commander in charge of supporting airmen like Teixeira, who are mobilized on full-time, active-duty Title 10 orders, was suspended as well, according to Air Force spokesperson Rose Riley.

In addition to temporarily removing the commanders from their jobs, the Department of the Air Force has also revoked their access to classified networks and information, Riley told Air Force Times. Reuters first reported the development on Wednesday.

Alleged Ndrangheta mafia crime boss Pasquale Bonavota arrested in Italian cathedral

The alleged boss of one of Italy’s biggest mafia syndicates has been arrested by police at a cathedral in the northern city of Genoa.

Pasquale Bonavota has been wanted by police since 2018 after fleeing an arrest warrant for murder and mafia association.

Police say the 49-year-old leads the notorious ‘Ndrangheta mafia.

The group is Italy’s most powerful mafia family and is said to control the bulk of Europe’s cocaine supplies.

Pasquale Bonavota – whom newspaper La Stampa describes as the “baby boss” – had been at the city’s cathedral when arrested and was carrying a fake ID, according to local media reports.

He is one of the defendants in an ongoing “maxi-trial,” in which more than 300 people face charges related to organised crime.

Harvard’s former chemistry head Charles Lieber avoids prison over undisclosed links to China

More than three years after his arrest, Charles Lieber, the former chair of Harvard University’s chemistry department, has avoided prison for failing to disclose funding from China. For hiding his affiliation with a Chinese university, as well as income tax and foreign bank account reporting violations, Lieber was sentenced yesterday to time served, two years of supervised release with six…

Meta braces for data transfers suspension order, GDPR fine

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.

Kremlin warns it could widen foreign company asset seizures

The Kremlin warned on Wednesday that Russia could widen the list of foreign companies subject to temporary asset seizures in case of the “expropriation” of Russian assets abroad.

The comments came after Putin signed a presidential decree approving the takeover of operations of two Western energy groups in Russia — Finland’s Fortum and Germany’s Uniper — and threatened to do the same with others.

“If necessary, the list of companies could be expanded,” Kremlin spokesman Dmitry Peskov told reporters, a day after President Vladimir Putin signed a decree allowing asset seizures.