text:
Garon Anthony
Mariyam Harunah
UK Finance Disputes and Regulatory Investigations Blog
Litigation / Trial Practice
Commercial Court upholds ISDA English jurisdiction clause over Italian jurisdiction clause in finance agreement
A recent interim hearing in the Commercial Court in BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA [2018] EWHC 1670 (Comm) concerned the determination of jurisdiction where one party asserts that a dispute falls under the jurisdiction of the English Court under a standard form International Swaps and Derivatives Association ("ISDA") documentation, and the other party asserts that it is in fact a foreign Court which should deal with the dispute pursuant to a different agreement entered into by the parties.
In October 2008, the claimant, BNP Paribas SA ("BNP"), along with a syndicate of banks, entered into a finance agreement with the defendant ("Finance Agreement"), Trattamento Rifiuti Metropolitani SPA, ("Trattamento") to finance an energy plant in Turin.
The Finance Agreement contained an exclusive jurisdiction clause in favour of the Turin Court and was governed by Italian law. It required Trattamento to implement a "Hedging Strategy" to cover the risk of fluctuation of interest on the loan. The Finance Agreement further specified that any hedging contracts must be concluded exclusively with BNP and must use standard documentation published by ISDA.
The Hedging Strategy was implemented in March 2010 via a 1992 ISDA Master Agreement in Multi-Currency – Cross Border form, 1992 edition ("Master Agreement") which contained a jurisdiction clause in favour of the English Court and was expressed to be governed by English law. The parties agreed an interest-rate swap transaction with BNP under the Master Agreement.
Following a dispute over the interest-rate swap, BNP issued proceedings in the Commercial Court in September 2016 and sought certain declarations regarding Trattamento's obligations under the Master Agreement.
In April 2017, Trattamento brought proceedings in Italy regarding the question of whether the Hedging Strategy had been properly implemented. Trattamento stated that the Italian proceedings were "…not concerned with the… (Swap) per se…", but related to alleged breaches by BNP of the Finance Agreement and breaches of other obligations Trattamento stated BNP owed to it under Italian law.
Trattamento applied to the Commercial Court to dismiss the claim against it due to a lack of jurisdiction and as it alleged that there was no serious issue to be tried.
Trattamento argued that the language used in BNP's claim was "apt to include" the Finance Agreement and therefore the jurisdiction of the Italian Court was engaged. Trattamento also argued that the jurisdiction of the English Court was displaced by the express agreement to Italian Court jurisdiction in the Finance Agreement, and challenged the jurisdiction of the English Court for the following reasons:
BNP's promise to act as a 'single reference point' for Trattamento gave rise to significant duties on BNP under Italian law;
the Finance Agreement specified that it was governed by Italian law;
the Finance Agreement contained an obligation on BNP to enter into the Master Agreement, which made Trattamento's compliance with its obligations under the Master Agreement a term of the Finance Agreement;
the Master Agreement specified that the parties rights under that agreement were subject to the terms and conditions of the Finance Agreement; and
the Master Agreement provided that the terms of the Finance Agreement would prevail over the terms of the Master agreement where there was a conflict between the two agreements.
Trattamento therefore concluded that "[a]ny dispute…as to whether [Trattamento] has complied with its obligations under the interest-rate swap plainly comes with [in] the scope of the Italian Jurisdiction Clause".
Trattamento sought to adduce expert evidence on Italian law in support of its argument that breaches of obligations under the Finance Agreement, including those relating to the Hedging Strategy, would fall under the Italian court's jurisdiction and to show that the Italian courts would interpret the jurisdiction clause in the Master Agreement narrowly.
Commercial Court decision
The Court provided a useful summary of the position where there is more than one contract and those contracts contain competing jurisdiction clauses.
The Court pointed to cases such as Sebastian Holdings Inc v Deutsche Bank [2011] 1 Lloyd's Rep 106, which decided that the construction of a jurisdiction clause should be broad and purposive, and Wood v Capita Insurance Services Ltd [2017] UKSC 24 which noted that the Court will look at the language and investigate the commercial consequences when interpreting any provision of a commercial contract.
In relation to Trattamento's assertions that the wording of BNP's claim included the Finance Agreement, the Court stated that it was "…clear that the language refers only to the Master Agreement and the swap transaction entered into under that." The Court noted that the brief details of claim stated that the Transaction Documents contained the terms governing the transaction. The Master Agreement was included in the definition of Transaction Documents whereas the Finance Agreement was separately defined.
The Court held that BNP had "…much the better of the argument…" on jurisdiction and stated that there was not in fact a conflict between the Finance Agreement and the Master Agreement. This was because the parties had agreed that (a) the Italian Court would have jurisdiction over disputes regarding the Finance Agreement and (b) the English Court would have jurisdiction over disputes regarding the Master Agreement. Trattamento's commitment under the Finance Agreement to comply with its obligations under the Master Agreement did not mean that the Master Agreement and interest rate swap were not subject to the English law jurisdiction agreed under the Master Agreement.
The Court decided that the declarations sought by BNP derived from the swap and the Master Agreement and therefore the English Court had jurisdiction, as set out under the Master Agreement. The judge noted that it would not be a commercial interpretation if "…general words in the [Finance Agreement] [could] prevail over the fact that the parties specifically agreed jurisdiction in favour of the English Court for their obligations under the Master Agreement…"
The Court also rejected Trattamento's argument that the Italian proceedings should form part of the English Court's analysis of whether the declarations sought fell within the Master Agreement's jurisdiction clause. The judge noted that the allegations were not part of the context in which the jurisdiction clauses were agreed and so they could not contribute to the interpretation of the Master Agreement.
The Court chose not to follow the decision in Deutsche Bank AG v Commune di Savona[2017] EWHC 1013 (Comm), where the court thought it appropriate to consider how declarations in English proceedings might act as a defence to a claim in another jurisdiction. Instead, the Court followed the approach in Dexia Crediop SPA v Provincia di Brescia [2016] EWHC 3261 (Comm) to ensure the focus was not taken away from the relevant dispute in relation to the question of whether or not the English court had jurisdiction.
The judge stated that "The most powerful point of context…is the use of ISDA documentation". This was because the worldwide use of ISDA documentation requires consistency and certainty in its construction so that the numerous parties using it know where they stand. The judge referred to Re Lehman Brothers International (Europe) (in administration) (No 8) [2016] EWHC 2417 (Ch) in which the Court decided that as ISDA master agreements are standard form and not context specific, any factual background which implies that they do not mean what they say has "…a much more limited, if any, part to play."
On the matter of whether there was a serious issue to be tried, the judge said that "… there is no question there is an issue between the parties, and no question that [BNP's] case is serious." In this regard, the judge pointed to the fact that Trattamento was unable to say it would not challenge the accuracy of the declarations sought by BNP.
The Court held that it was not necessary for it to rely on the expert evidence provided by the parties to decide Trattamento's application. In relation to Trattamento's expert evidence, the Court decided that the matters covered by the expert were not matters for decision on this application. The judge noted that he was able to interpret the English law jurisdiction clause in the Master Agreement itself and did not require an expert on Italian law to do so.
For these reasons, the Court refused Trattamento's application to dismiss the claim against it for lack of jurisdiction.
The Court was clearly mindful of the wide ramifications, which could occur if Trattamento's arguments on jurisdiction were correct, as it would mean that an express agreement on jurisdiction in ISDA documentation could be displaced or restricted. In this regard, the judge emphasised the point that parties using ISDA documentation are unlikely to intend that it should have different meanings in different contexts.
It is notable that the Court rejected the expert evidence on Italian law submitted by Trattamento as it was not necessary to decide the application.
The Court was also hesitant to consider how the declarations in the English proceedings could act as a defence in the Italian proceedings as the Court considered this would distract from the dispute in hand regarding the English court's jurisdiction.
© Copyright 2019 Squire Patton Boggs (US) LLP
Employment Appeal Tribunal provides guidance on the FCA's 'fit and proper person' test
Fiduciary Duties of Dissenting Directors and their Boards – Stobart v Tinkler
Court Provides Guidance on a Bank's Quincecare Duty of Care
Garon Anthony is a partner in the Litigation Practice Group. He has specialised in dispute resolution work since he qualified as a solicitor and has considerable experience in general corporate and commercial litigation work, acting for both private and public sector clients.
Garon regularly resolves disputes for clients in the financial services/insurance sector. That encompasses professional negligence, fraud issues/recovery processes, dealing with claims and complaints by customers of the mis-selling of retail products, handling insurance policy coverage disputes for corporate...
garon.anthony@squirepb.com
www.squirepattonboggs.com
Mariyam regularly acts for a diverse client base, including, SMEs, FTSE 100 and 250 corporations, public bodies, developers, insurers and individuals.
Mariyam has experience advising on a wide-range of matters of both a contractual and tortious nature, including breach of contract, breach of warranty, misrepresentation, defamation, professional negligence, debt recovery and insurance.
Assisting on an approximately £160 million multi-action and multi-defendant claim following the sale of a company to investor clients.
Acting on a variety of disputes for clients seeking the recovery of unpaid monies owed pursuant to contract.
Acting on a portfolio of financial mis-selling claims for a leading international bank.
Advising a variety of clients upon termination of contract issues.
Acting for industrial manufacturers and suppliers in the defence of contractual and tortious disputes with technical complexities, arising out of the provision of allegedly defective products.
Assisting in the provision of bespoke and strategic advice to a national regulator dealing with persistent defamation and harassment.
Acting for a leading hire purchase provider in enforcement proceedings.
Assisting on a £500,000 negligence claim by a leading supermarket arising out of property damage and business interruption at one of its warehouses.
mariyam.harunah@squirepb.com


StoneCutters Kitchen is a family run restaurant set in a 100 year old, traditional stone built cottage with a flag stone roof, which has been transformed into a unique family friendly restaurant. We offer quality locally produced foods at reasonable price, with good friendly service.
Owned and run by husband and wife team Karen Courtney and Myles Duffy, it's a family affair, with their sons often lending a hand, and a great team of staff. The food here is simple, honest and full of flavour. Good comfort food and leaves you feeling like you have had 'Hug from Mammy'.
Favourites like fish n' chips; fish pie and beef and Guinness stew sit alongside delicious warm salads and gourmet sandwiches and an ever changing specials board. There is an award winning, full children's menu and there is also a fantastic dessert menu offering crumbles; cheesecakes; cakes and much more all made in house by Karen.
We have a unique kids loyalty scheme called 'SKids for Kids' where children get tokens when they order food and specific drinks, the healthier the food the more tokens they can get. They can cash in their tokens for toys, they can usually get some of the smaller things in one visit however they can save up the tokens and cash in when they have enough for the bigger items. It has proved to be very popular with children and parents as it encourages them to order healthier options. It gives the staff a chance to engage with the kids and make their experience as much fun as possible.
Opening hours are Monday to Sunday 11am – 9.30pm high season. Hours may vary off season and we are closed from the end of October to Easter so contact us for opening hours.
There isn't a bus stop directly outside the Stonecutters, however if you ask the driver he may stop for you.


This tax and accounting firm offers you an opportunity to live and work in London. The practice provides tax advisory and compliance services to HNWI's. The role will involve you dealing with Spanish tax issues and getting involved in UK tax matters. This is a varied role that will offer a number of challenges. There is an existing team that will provide you with support and advice. Relevant tax qualifications are also supported. The company is highly successful and is looking to double in size over the next few years. The clients consist of HNWI's with tax issues in multiple jurisdictions.
This is an unusual and varied role, which is very much focused on tax planning for individuals. You will be advising on all aspects of Spanish taxation, covering income tax related matters with a view to mitigate tax for individuals. Full training will be given on UK tax matters.
The role would allow you to deal with a advisory focused role in a position that will allow you to use your Spanish tax skills. There is an existing tax team that will give you full support on UK related matters. You will also have the opportunity to work in London and enjoy all this great capital has to offer.


The Central Examination Office or the examination officer of our faculty, Dr. Sandra Silvertant, will answer all questions concerning the registration for examinations.
You will find the respective exam dates in the RWTHonline as well as in the L2P learning rooms of the respective course, as well as all relevant examination information and results.
Certain examination regulations require a second examiner in some cases, for example in case of a failure to pass in the third written attempt or in the case of final theses of certain degree programmes. In all these cases, Professor Wolfgang Breuer acts as the second examiner at our chair.
For data protection reasons, examination results are published exclusively through the implemented feature in L2P.
For possible foreign recognition, please contact your respective examination board. Information on the exact procedure can be found on the website of the School of Business and Economics. Under Recognized Modules you will also find a list of previously recognised courses at the respective universities for your orientation. For equivalence tests, please use this form. The form is only available in German.


text:
\section{Introduction}

\noindent
In this paper we are concerned with the existence of solutions to the following problem
\begin{equation}\label{P}
\left\{
\begin{array}{ll}
(-\Delta)^{s} u = g'(u) \mbox{ in } \mathbb{R}^{N} \\
u> 0
\end{array}
\right.
\end{equation}
where $N\geq 2$, $s\in (0,1)$ and $g: \mathbb{R} \rightarrow \mathbb{R}$ is a smooth function such that $g''(0)=0$.
Here $(-\Delta)^{s}$ is the fractional Laplacian and it can be defined via Fourier transform by
$$
\mathcal{F}(-\Delta)^{s}f(k)=|k|^{2s} \mathcal{F}f(k)
$$
for $u$ belonging to the Schwartz space $\mathcal{S}(\mathbb{R}^{N})$.

\noindent
Problems like (\ref{P}) are motivated by the study of standing waves solutions $\displaystyle{\psi(x,t)=u(x) e^{-\imath c t}}$ of the fractional Schr\"{o}dinger equation
$$
\imath \frac{\partial \psi}{\partial t}=(-\Delta)^{s} \psi+ G(x, \psi) \quad \mbox{ in } \mathbb{R}^{N}.
$$
This equation has been proposed by Laskin \cite{Laskin1, Laskin2} as a result of expanding the Feynman path integral, from the Brownian-like to the L\'evy-like quantum mechanical paths.
After that many papers appeared investigating existence, multiplicity and behavior of solutions to fractional Schr\"{o}dinger equations; see \cite{A, A0, A1, DPPV, FFV, FQT, GS, MBR, Secchi} and references therein.\\
More in general, problems involving fractional operators are receiving a special attention in these last years; indeed
fractional spaces and nonlocal equations have great applications in many different fields, such as, optimization, finance, continuum mechanics, phase transition phenomena, population dynamics, multiple scattering, minimal surfaces and game theory, as they are the typical outcome of stochastically stabilization of L\'evy processes. The interested reader may consult \cite{DPV, MBRS} and references therein, where a more extensive bibliography and an introduction to the subject are given.
\smallskip

\noindent
In the seminal paper \cite{BL1}, Berestycki and Lions investigated the existence of positive ground state solutions to (\ref{P}) when $s=1$, i.e.
\begin{equation}\label{BLP}
-\Delta u = g'(u) \mbox{ in } \mathbb{R}^{N}.
\end{equation}
Under general assumptions on $g$, they proved that there are no finite energy solutions to (\ref{BLP}) if $g''(0)>0$, while if $g''(0)<0$ or $g''(0)=0$, then it is possible to show the existence of a solution to (\ref{BLP}) via constraint minimization.  The case $g''(0)=0$ is called null mass case and it is related to the Yang-Mills equation; see \cite{G, GNN}.\\
Let us note that the case $g''(0)=0$ seems to be more intricate then $g''(0)<0$, since unless $g$ satisfies the condition $|g(u)|\leq c|u|^{\frac{2N}{N-2}}$, the energy functional associated to (\ref{BLP}) may be infinite on a dense set of points in $\mathcal{D}^{1,2}(\mathbb{R}^{N})$ and hence cannot be Fr\'echet-differentiable on $\mathcal{D}^{1,2}(\mathbb{R}^{N})$.

\noindent
The question that naturally arises is whether or not the above classical existence results for the equation (\ref{BLP}) can be extended in the non-local setting. When $g''(0)<0$ (in the case of positive mass), the existence of a ground state has been proved in \cite{CW} by combining the Struwe-Jeanjean monotonicity trick and the Pohozaev identity for the fractional Laplacian.
Now, our aim is to investigate problem (\ref{P}) when $g''(0)=0$, and $g(u)$ behaves like $|u|^{q}$ for $u$ small and $|u|^{p}$ for $u$ large, with $2<p<\frac{2N}{N-2s}<q$.

\noindent
In order to state our result, we introduce the basic assumptions on the nonlinearity $g$.
Here we will assume that $g: \mathbb{R} \rightarrow \mathbb{R}$ is an odd $C^{2}$-function verifying the following conditions:\\
\begin{compactenum}[(g1)]
\item $0<\mu g(t)\leq g'(t) t\leq g''(t) t^{2}$ for any $t \neq 0$ and for some $\mu>2$;\\
\item $g(0)=g'(0)=g''(0)=0$. There exist $c_{0}, c_{2}, p,q$ with $2<p<2^{*}_{s}:=\frac{2N}{N-2s}<q$ such that
\begin{equation}
\left\{
\begin{array}{ll}
c_{0}|t|^{p}\leq g(t) \mbox{ if } |t|\geq 1\\
c_{0}|t|^{q}\leq g(t) \mbox{ if } |t|\leq 1
\end{array}
\right.
\end{equation}
and
\begin{equation}
\left\{
\begin{array}{ll}
|g''(t)|\leq c_{2} t^{p-2}  \mbox{ if } |t|\geq 1\\
|g''(t)|\leq c_{2} t^{q-2} \mbox{ if } |t|\leq 1.
\end{array}
\right.
\end{equation}
\end{compactenum}
\begin{remark}\label{rem1}
The assumptions $g''(t)>0$ for all $t\neq 0$, and $(g2)$ imply the existence of $c_{1}, c_{3}>0$ such that:
\begin{align*}
&c_{0}|t|^{p}\leq g(t)\leq c_{3}|t|^{p} \mbox{ for } |t|\geq 1\\
&c_{0}|t|^{q}\leq g(t)\leq c_{3}|t|^{q} \mbox{ for } |t|\leq 1\\
&|g'(t)|\leq c_{1}|t|^{p-1} \mbox{ for } |t|\geq 1\\
&|g'(t)|\leq c_{1}|t|^{q-1} \mbox{ for } |t|\leq 1.
\end{align*}
\end{remark}
As a model for $g$ we can take the function
\begin{equation*}
g(t)=
\left\{
\begin{array}{ll}
t^{q} &\mbox{ if } t\leq 1 \\
a+b t+c t^{p}  &\mbox{ if } t\geq 1
\end{array}
\right.
\end{equation*}
where $a, b$ and $c$ are constants which make the function $g\in C^{2}$.\\
Let us point out that, when $s=1$, the assumptions $(g1)$ and $(g2)$ have been introduced in \cite{BM} to study positive solutions to a nonlinear field equation set in exterior domain. The authors studied (\ref{BLP}) in the Orlicz space $L^{p}+L^{q}$ which seems to be the natural framework for studying ``zero mass" problems. Subsequently, their approach has been also used in \cite{AP1, BGM, BGM2} to study nonlinear Schr\"odinger equations in $\mathbb{R}^{N}$ with bounded or vanishing potentials. Further results concerning zero mass problems can be found in \cite{ASM, AFM, Struwe}.
\smallskip

\noindent
The main result of this paper is the following
\begin{thm}\label{thm1}
Let $N\geq 2$, $s\in (0,1)$ and $g$ satisfies $(g1)$ and $(g2)$. Then there exists a positive solution to (\ref{P}) which is spherically symmetric and decreasing in $r=|x|$.
\end{thm}
\noindent
To deal with problem (\ref{P}), we develop an energy minimization argument on a Nehari manifold.
\noindent
More precisely, solutions to (\ref{P}) will be obtained by minimizing
$$
I(u)=\frac{1}{2}\iint_{\mathbb{R}^{2N}} \frac{|u(x)-u(y)|^{2}}{|x-y|^{N+2s}} dx dy-\int_{\mathbb{R}^{N}} g(u(x)) dx
$$
on the Nehari manifold
$$
\mathcal{N}=\left\{u\in  \mathcal{D}^{s,2}(\mathbb{R}^{N})\setminus\{0\}: \iint_{\mathbb{R}^{2N}} \frac{|u(x)-u(y)|^{2}}{|x-y|^{N+2s}} dx dy=\int_{\mathbb{R}^{N}} g'(u)u dx \right \}
$$
where
$$
\mathcal{D}^{s,2}(\mathbb{R}^{N})=\left\{u\in L^{\frac{2N}{N-2s}}(\mathbb{R}^{N}): \iint_{\mathbb{R}^{2N}} \frac{|u(x)-u(y)|^{2}}{|x-y|^{N+2s}} dx dy<\infty \right\}.
$$
In order to obtain the smoothness of the functional $I$, we introduce the Orlicz space $L^{p}+L^{q}$ related to the growth assumptions of $g$ at zero and at infinity.
Then, we show that $I\in C^{2}(\mathcal{D}^{s,2}(\mathbb{R}^{N}), \mathbb{R})$, and by proving the compactness of the subspace $\tilde{\mathcal{D}}^{s,2}_{rad}(\mathbb{R}^{N})$ of nonnegative radial decreasing functions of $\mathcal{D}^{s,2}(\mathbb{R}^{N})$ in $L^{p}+L^{q}$, we deduce that the infimum of $I$ on $\mathcal{N}$ is achieved at some $u\in \tilde{\mathcal{D}}^{s,2}_{rad}(\mathbb{R}^{N})$.\\
As far as we know the result presented here is new. \\
The paper is organized as follows: in Section $2$ we give some preliminaries about the involved functional spaces, and in Section $3$ we provide the proof of the main result.

\section{preliminaries}
\noindent
In this section we collect some preliminary results which will be useful in the sequel. \\
We denote by $\mathcal{D}^{s,2}(\mathbb{R}^{N})$ the completion of $C^{\infty}_{0}(\mathbb{R}^{N})$ with respect to
$$
[u]^{2}:=\int_{\mathbb{R}^{N}} |(-\Delta)^{\frac{s}{2}} u|^{2} dx=\int_{\mathbb{R}^{N}} |k|^{2s} |\mathcal{F}f(k)|^{2} dk=\iint_{\mathbb{R}^{2N}} \frac{|u(x)-u(y)|^{2}}{|x-y|^{N+2s}} dx dy.
$$
Then
$$
\mathcal{D}^{s,2}(\mathbb{R}^{N})=\{u\in L^{2^{\sharp}}(\mathbb{R}^{N}): [u]<\infty \}
$$
where
$
2^{*}_{s}:=\frac{2N}{N-2s}
$
is the fractional Sobolev exponent.\\
Let us denote by $H^{s}(\mathbb{R}^{N})$ the standard fractional Sobolev space, defined as the set of $u\in \mathcal{D}^{s,2}(\mathbb{R}^{N})$ satisfying $u\in L^{2}(\mathbb{R}^{N})$ with the norm
$$
\|u\|_{H^{s}(\mathbb{R}^{N})}^{2}= [u]^{2} + \|u\|_{L^{2}(\mathbb{R}^{N})}^{2}.
$$
We recall the following embeddings
\begin{thm}\cite{DPV}\label{sobhs}
Let $s\in (0, 1)$ and $N>2s$. There exists a constant $C>0$ such that
$$
\|u\|_{L^{2^{*}_{s}}(\mathbb{R}^{N})}\leq C[u] \mbox{ for any } u\in \mathcal{D}^{s,2}(\mathbb{R}^{N}).
$$
In particular, $H^{s}(\mathbb{R}^{N})$ is continuously embedded in $L^{q}(\mathbb{R}^{N})$ for any $q\in [2, 2^{*}_{s}]$, and compactly embedded for any $q\in [2, 2^{*}_{s})$.
\end{thm}

\noindent
For more details about fractional Sobolev spaces, we refer to \cite{DPV}. \\
We remark that the symmetric-decreasing rearrangement of a measurable function $u: \mathbb{R}^{N} \rightarrow \mathbb{R}$ that vanishes at infinity (that is $|\{x\in \mathbb{R}^{N}: |u(x)|>a \}|<\infty$ for all $a>0$) is given by
$$
u^{*}(x)=\int_{0}^{\infty} \chi^{*}_{\{|u|>t \}}(x) dt
$$
where $\chi^{*}_{A}=\chi_{A^{*}}$ and $A^{*}=\{x: |x|<r\}$ is such that its volume is that of $A$. For standard properties of rearrangements of functions one can see \cite{LL}.\\
Now, we establish the following fractional Polya-Szeg\"o inequality:
\begin{thm}\label{park}
Let $u:\mathbb{R}^{N} \rightarrow \mathbb{R}$ be a nonnegative measurable function that vanishes at infinity, and let us denote by $u^{*}$ its symmetric-decreasing rearrangement. Assume that $[u]_{H^{s}(\mathbb{R}^{N})}<\infty$.
Then
\begin{equation}\label{dr}
[u^{*}]_{H^{s}(\mathbb{R}^{N})} \leq  [u]_{H^{s}(\mathbb{R}^{N})}.
\end{equation}
\end{thm}
\begin{proof}
Let
$$
u_{c}(x)=\min\,  \{\max \, \{u(x)-c,0\},1/c\}
$$
for $c\in (0,1)$. Since $u$ vanishes at infinity, $u_{c}\in L^{2}(\mathbb{R}^{N})$.
In particular $u_{c}\in H^{s}(\mathbb{R}^{N})$ since
$$
|u_{c}(x)-u_{c}(y)| \leq |u(x)-u(y)|
$$
for any $x,y\in \mathbb{R}^{N}$. By monotone convergence Theorem we have
\begin{equation}\label{mct}
\lim_{c \rightarrow 0} [u_{c}]_{H^{s}(\mathbb{R}^{N})}=[u]_{H^{s}(\mathbb{R}^{N})} \, \mbox{ and } \, \lim_{c \rightarrow 0} [u^{*}_{c}]_{H^{s}(\mathbb{R}^{N})}=[u^{*}]_{H^{s}(\mathbb{R}^{N})}.
\end{equation}
Now, by using the result in \cite{Park}, we know that
\begin{equation}\label{Park}
[u^{*}_{c}]_{H^{s}(\mathbb{R}^{N})}\leq [u_{c}]_{H^{s}(\mathbb{R}^{N})}.
\end{equation}
Then taking into account (\ref{mct}) and (\ref{Park}) we deduce the thesis.

\end{proof}

\noindent
We also prove the following useful lemma
\begin{lem}
Let $u\in L^{t}(\mathbb{R}^{N})$, $1\leq t<\infty$ be a nonnegative radial decreasing function (that is $0\leq u(x)\leq u(y)$ if $|x|\geq |y|$). Then
\begin{equation}\label{CO}
|u(x)|\leq \left(\frac{N}{\omega_{N-1}}\right)^{\frac{1}{t}} |x|^{-\frac{N}{t}} \|u\|_{L^{t}(\mathbb{R}^{N})} \mbox{ for any } x\in \mathbb{R}^{N}\setminus \{0\},
\end{equation}
where $\omega_{N-1}$ is the Lebesgue measure of the unit sphere in $\mathbb{R}^{N}$.
\end{lem}
\begin{proof}
For all $R>0$ we have, setting $R=|x|$
$$
\|u\|^{t}_{L^{t}(\mathbb{R}^{N})}\geq \omega_{N-1} \int_{0}^{R} (u(r))^{t} r^{N-1} dr\geq \omega_{N-1} (u(R))^{t} \frac{R^{N}}{N}.
$$
\end{proof}

\noindent
Given $p<q$, we define the space $L^{p}+L^{q}:=L^{p}(\mathbb{R}^{N})+L^{q}(\mathbb{R}^{N})$ as the set of functions $u: \mathbb{R}^{N} \rightarrow \mathbb{R}$ such that
$$
u=u_{1}+u_{2}
$$
with $u_{1}\in L^{p}(\mathbb{R}^{N})$ and $u_{2}\in L^{q}(\mathbb{R}^{N})$.
We recall (see \cite{BLof}) that $L^{p}+L^{q}$ is a Banach space with respect to the norm
$$
\|u\|_{L^{p}+L^{q}}=\inf\{ \|u_{1}\|_{L^{p}(\mathbb{R}^{N})}+\|u_{2}\|_{L^{q}(\mathbb{R}^{N})}: u=u_{1}+u_{2} \}.
$$
Moreover $L^{p}+L^{q}$ coincides with the dual of $L^{p'}\cap L^{q'}$. Then
$$
L^{p}+L^{q}=(L^{p'}\cap L^{q'})^{*}
$$
where $p'$ and $q'$ are the conjugate exponent of $p$ and $q$ respectively.
In particular, the norm
$$
\|u\|_{e}=\sup_{w\neq 0}\frac{\displaystyle{\int_{\mathbb{R}^{N}} u(x) v(x) dx}}{\|u\|_{L^{p'}(\mathbb{R}^{N})}+\|v\|_{L^{q'}(\mathbb{R}^{N})}}
$$
is equivalent to $\|\cdot\|_{L^{p}+L^{q}}$.\\
Actually $L^{p}+L^{q}$ is an Orlicz space with $N$-function (see \cite{Adams})
$$
A(u)=\max\{|u|^{p}, |u|^{q}\}.
$$
\noindent

Now we state some useful lemmas whose proofs can be obtained following those in \cite{BF, BM}.
\begin{lem}\label{lem2.1}
\noindent
\begin{compactenum}[(a)]
\item If $u\in L^{p}+L^{q}$, the following inequalities hold:
\begin{align*}
\max \Bigl\{\|u\|_{L^{q}(\mathbb{R}^{N} - \Gamma_{u})}-1 , &\frac{1}{1+ |\Gamma_{u}|^{\frac{1}{r}}} \|u\|_{L^{p}(\Gamma_{u})} \Bigr\} \leq \|u\|_{L^{p}+L^{q}}\\
& \leq \max \{ \|u\|_{L^{q}(\mathbb{R}^{N}-\Gamma_{u})}, \|u\|_{L^{p}(\Gamma_{u})}\}
\end{align*}
where $r= \frac{pq}{q-p}$ and $\Gamma_{u}=\{x\in \mathbb{R}^{N}: |u(x)|>1\}$.
\item Let $\{u_{j}\}\subset L^{p}+L^{q}$ and set $\Gamma_{j} = \{x\in \mathbb{R}^{N} : |u_{j}(x)|>1\}$. Then $\{u_{j}\}$ is bounded in $L^{p}+L^{q}$ if and only if the sequences $\{|\Gamma_{j}|\}$ and $\{\|u_{j}\|_{L^{q}(\mathbb{R}^{N}- \Gamma_{j})}+ \|u_{j}\|_{L^{p}(\Gamma_{j})}\}$ are bounded.
\item $g'$ is a bounded map from $L^{p}+L^{q}$ into $L^{\frac{p}{p-1}}\cap L^{\frac{q}{q-1}}$.
\end{compactenum}
\end{lem}

\begin{lem}\label{lem2.3}
\noindent
\begin{compactenum}[(a)]
\item If $\theta, u$ are bounded in $L^{p}+L^{q}$, then $g''(\theta)u$ is bounded in $L^{p'}\cap L^{q'}$.
\item $g''$ is a bounded map from $L^{p}+L^{q}$ into $L^{\frac{p}{p-2}}\cap L^{\frac{q}{q-2}}$.
\item $g''$ is a continuous map from $L^{p}+L^{q}$ into $L^{\frac{p}{p-2}}\cap L^{\frac{q}{q-2}}$.
\item The map $(u, v)\mapsto uv$ from $(L^{p}+L^{q})^{2}$ in $L^{\frac{p}{2}}+L^{\frac{q}{2}}$ is bounded.
\end{compactenum}
\end{lem}

\begin{lem}\label{lem2.4}
The functional $H: L^{p}+L^{q}\rightarrow \mathbb{R}$ defined by
$$
H(u)=\int_{\mathbb{R}^{N}} g(u(x)) dx
$$
is of class $C^{2}$.
\end{lem}

\begin{lem}\label{lem2.5}
If the sequence $\{u_{j}\}$ converges to $u$ in $L^{p}+L^{q}$, then the sequence $\{\int_{\mathbb{R}^{N}} g'(u_{j})u_{j} \,dx\}$ converges to $\int_{\mathbb{R}^{N}} g'(u)u \,dx$.
\end{lem}

\begin{remark}
By Lemma \ref{lem2.1} $(a)$ we have $L^{2^{*}_{s}}(\mathbb{R}^{N})\subset L^{p}+L^{q}$ when $2<p<2^{*}_{s}<q$.
In fact, by using $p<2^{*}_{s}<q$ we find for any $u\in L^{2^{*}_{s}}(\mathbb{R}^{N})$
$$
\|u\|^{q}_{L^{q}(\mathbb{R}^{N}-\Gamma_{u})}\leq \|u\|^{2^{*}_{s}}_{L^{2^{*}_{s}}(\mathbb{R}^{N}-\Gamma_{u})}
$$
and
$$
\|u\|^{p}_{L^{p}(\Gamma_{u})}\leq \|u\|^{2^{*}_{s}}_{L^{2^{*}_{s}}(\Gamma_{u})}
$$
which together with $(a)$ of Lemma \ref{lem2.1} imply the claim.\\
Moreover, by the Sobolev inequality $\mathcal{D}^{s,2}(\mathbb{R}^{N})\subset L^{2^{*}_{s}}(\mathbb{R}^{N})$ (see Theorem \ref{sobhs}), we get the continuous embedding:
\begin{align}\label{cemb}
\mathcal{D}^{s,2}(\mathbb{R}^{N}) \subset L^{p}+L^{q}.
\end{align}
\end{remark}

\noindent
At this point we are ready to prove the following result
\begin{thm}\label{compactthm}
Let $N\geq 2$, $s\in (0, 1)$ and $2<p<2^{*}_{s}<q$.
Let us denote by $\tilde{\mathcal{D}}^{s,2}_{rad}(\mathbb{R}^{N})$ the space of nonnegative radial decreasing functions in $\mathcal{D}^{s,2}(\mathbb{R}^{N})$.
Then $\tilde{\mathcal{D}}^{s,2}_{rad}(\mathbb{R}^{N})$ is compactly embedded in $L^{p}+L^{q}$.
\end{thm}
\begin{proof}
We proceed as in the proof of  Lemma $3$ in \cite{BF}.\\
Let $\{u_{j}\}$ be a sequence in $\tilde{\mathcal{D}}^{s,2}_{rad}(\mathbb{R}^{N})$ such that as $j\rightarrow +\infty$
$$
u_{j} \rightharpoonup 0 \mbox{ in } \mathcal{D}^{s,2}(\mathbb{R}^{N}).
$$
By (\ref{CO}) follows that there exists a positive constant $C=C(s,N)$ such that
\begin{equation}\label{73}
|u_{j}(x)|\leq C |x|^{-\frac{N-2s}{2}} \mbox{ for any } j\in \mathbb{N}, x\in \mathbb{R}^{N}\setminus \{0\}.
\end{equation}
Fix $\varepsilon>0$. By using (\ref{73}) and $q>2^{\sharp}$, for $R>0$ big enough we get
\begin{equation}\label{74}
\int_{\{|x|\geq R\}} |u_{j}(x)|^{q} dx\leq C^{q} \int_{\{|x|\geq R\}} \frac{1}{|x|^{q(\frac{N-2s}{2})}} dx< \frac{\varepsilon}{2}
\end{equation}
for all $j\in \mathbb{N}$.
Now, we observe that $\mathcal{D}^{s,2}(\mathbb{R}^{N})\subset H^{s}_{loc}(\mathbb{R}^{N})\Subset L^{p}_{loc}(\mathbb{R}^{N})$
since $p\in (2, 2^{*}_{s})$.
In particular we have
\begin{equation}\label{75}
\int_{\{|x|< R\}} |u_{j}(x)|^{p} dx< \frac{\varepsilon}{2}.
\end{equation}
Taking into account (\ref{74}) and (\ref{75}) we have for $j$ large
\begin{equation}\label{76}
\int_{\{|x|\geq R\}} |u_{j}(x)|^{q} dx+\int_{\{|x|< R\}} |u_{j}(x)|^{p} dx< \varepsilon.
\end{equation}
If $R$ is sufficiently large, by (\ref{73}) follows that for any $j\in \mathbb{N}$
$$
|u_{j}(x)|\leq 1 \mbox{ for } |x|>R.
$$
Then for all $j\in \mathbb{N}$
$$
\Gamma_{j}:=\{x\in \mathbb{R}^{N}: |u_{j}(x)|>1\}\subset B_{R}.
$$
Let us observe that
\begin{align}\label{77}
\|u_{j}\|^{q}_{L^{q}(\Gamma_{j}^{c})}+\|u_{j}\|^{p}_{L^{p}(\Gamma_{j})}=\|u_{j}\|^{q}_{L^{q}(B_{R}^{c})}+\|u_{j}\|^{q}_{L^{q}(B_{R}\setminus \Gamma_{j})}+\|u_{j}\|^{p}_{L^{p}(B_{R})}-\|u_{j}\|^{p}_{L^{p}(B_{R}\setminus \Gamma_{j})}.
\end{align}
Here $A^{c}=\mathbb{R}^{N}\setminus A$ for $A\subset \mathbb{R}^{N}$.
Since $p<q$ and $|u_{j}(x)|\leq 1$ in $B_{R}\setminus \Gamma_{j}$ we obtain
\begin{align}\label{78}
\|u_{j}\|^{q}_{L^{q}(B_{R}\setminus \Gamma_{j})}\leq \|u_{j}\|^{p}_{L^{p}(B_{R}\setminus \Gamma_{j})}.
\end{align}
Putting together (\ref{76}), (\ref{77}) and (\ref{78}) we have for $j$ large enough
$$
\|u_{j}\|^{q}_{L^{q}(\Gamma_{j}^{c})}+\|u_{j}\|^{p}_{L^{p}(\Gamma_{j})}\leq \|u_{j}\|^{q}_{L^{q}(B_{R}^{c})}+\|u_{j}\|^{p}_{L^{p}(B_{R})}<\varepsilon
$$
so, in particular,
\begin{equation}\label{80}
\|u_{j}\|_{L^{q}(\Gamma_{j}^{c})}<\varepsilon^{1/q} \mbox{ and } \|u_{j}\|_{L^{p}(\Gamma_{j})}<\varepsilon^{1/p}.
\end{equation}
Then, by Lemma $1$ and (\ref{80}), we can infer that for $j$ large
$$
\|u_{j}\|_{L^{p}+L^{q}}\leq \max\{\|u_{j}\|_{L^{q}(\Gamma_{j}^{c})},  \|u_{j}\|_{L^{p}(\Gamma_{j})} \} <\max\{\varepsilon^{1/q}, \varepsilon^{1/p} \}.
$$
\end{proof}

\section{proof of Theorem $1$}
\noindent
This section is devoted to the proof of the main result of this paper.\\
In order to obtain a solution to (\ref{P}), we will look critical points of the following functional
$$
I(u):=\frac{1}{2}[u]_{H^{s}(\mathbb{R}^{N})}^{2}-\int_{\mathbb{R}^{N}} g(u(x)) dx
$$
constrained on
$$
\mathcal{N}=\left \{u\in  \mathcal{D}^{s,2}(\mathbb{R}^{N})\setminus\{0\}: J(u)=0  \right \}
$$
where
$$
J(u):=\langle I'(u), u\rangle=[u]^{2}-\int_{\mathbb{R}^{N}} g'(u)u dx.
$$
By using the results in Section $2$, we can see that $I$ is well defined on $\mathcal{D}^{s,2}(\mathbb{R}^{N})$ and $I$ is a $C^{2}$-functional.

\begin{proof}(Proof of Theorem \ref{thm1})
We divide the proof in several steps.\\
{\bf Step 1}: $\mathcal{N}$ is a $C^{1}$-manifold. \\
By using $(g1)$ we have, for any $u\in \mathcal{N}$
\begin{align*}
2[u]^{2}-\int_{\mathbb{R}^{N}} (g'(u)u+g''(u)u^{2}) \,dx&=[u]^{2}-\int_{\mathbb{R}^{N}} g''(u)u^{2} \,dx \\
&=\int_{\mathbb{R}^{N}} (g'(u)u-g''(u)u^{2}) \,dx<0.
\end{align*}

\noindent
{\bf Step 2}: Given $u \neq 0$, there exists a unique $t=t(u)>0$ such that $u t(u)\in \mathcal{N}$
and $I(ut(u))$ is the maximum for $I(tu)$ for $t\geq 0$.\\
Fix $u\neq 0$ and let
$$
h(t):=I(tu)=\frac{t^{2}}{2}[u]^{2}-\int_{\mathbb{R}^{N}} g(tu(x)) dx
$$
for $t\geq 0$.\\
Then
$$
h'(t)=t[u]^{2}-\int_{\mathbb{R}^{N}} g'(tu(x))u \,dx
$$
and
$$
h''(t)=[u]^{2}-\int_{\mathbb{R}^{N}} g''(tu(x))u^{2} \,dx.
$$
Let us observe that $t=0$ is a minimum for $h$ since $0=h(0)=h'(0)$ and $h''(0)>0$. Moreover, if $t_{0}>0$ is a critical point of $h$, then by $(g1)$, we obtain that $t_{0}$ is a maximum for $h$ because of
$$
h''(t_{0})=[u]^{2}-\int_{\mathbb{R}^{N}} g''(t_{0} u(x))u^{2} dx=\int_{\mathbb{R}^{N}} \left(\frac{g'(t_{0}u)}{t_{0}}u-g''(t_{0}u)u^{2}\right) dx<0.
$$
By using $(g2)$, we get
\begin{align*}
h(t)&\leq \frac{t^{2}}{2}[u]^{2}-c_{0}t^{q}\int_{t|u|<1} |u|^{q} dx-c_{0}t^{p}\int_{t|u|>1} |u|^{p} dx\\
&\leq \frac{t^{2}}{2}[u]^{2}-c_{0}t^{p}\int_{t|u|>1} |u|^{p} dx\rightarrow -\infty  \quad \mbox{ as } t\rightarrow +\infty
\end{align*}
since $p>2$.
\noindent

{\bf Step 3}: The dependence of $t(u)$ on $u$ is of class $C^{1}$.\\
Let us define the following operator
$$
L(t,u):=t[u]^{2}-\int_{\mathbb{R}^{N}} g'(tu(x))u(x) dx
$$
for $(t,u)\in \mathbb{R}_{+} \times \mathcal{D}^{s,2}(\mathbb{R}^{N})$.
By Lemma \ref{lem2.1} we can see that $L\in C^{1}$ and if $(t_{0},u_{0})$ is a point such that $L(t_{0},u_{0})=0$ and $t_{0}, u_{0}\neq 0$, then by $(g_1)$
\begin{align*}
\frac{d}{dt}L(t_{0},u_{0})&=[u]^{2}-\int_{\mathbb{R}^{N}} g''(t_{0}u_{0}(x))u^{2}_{0} dx\\
&=\int_{\mathbb{R}^{N}} \left(\frac{g'(t_{0}u_{0})}{t_{0}}u_{0}-g''(t_{0}u_{0})u_{0}^{2}\right) \, dx<0.
\end{align*}
By invoking the Implicit Function Theorem we obtain that $u\mapsto t(u)$ is $C^{1}$ and
$$
\langle t'(u_{0}), v\rangle=\frac{\displaystyle{t_{0}^{2} \int_{\mathbb{R}^{N}} 2t_{0} (-\Delta)^{\frac{s}{2}}u_{0} (-\Delta)^{\frac{s}{2}}v- g'(t_{0}u_{0})v-g''(t_{0}u_{0})t_{0}u_{0}v \, \, dx }}{\displaystyle{\int_{\mathbb{R}^{N}} g''(t_{0}u_{0})t^{2}_{0}u^{2}_{0}-g'(t_{0}u_{0}) t_{0}u_{0}\, \,  dx}}
$$
where $t_{0}=t(u_{0})$.

\noindent
{\bf Step 4}: $\displaystyle{\inf_{v\in \mathcal{N}} [v]^{2}>0}$.\\
Let $v_{j}$ be a minimizing sequence in $\mathcal{N}$. We assume by contradiction that $v_{j}$ converges to zero in $\mathcal{D}^{s,2}(\mathbb{R}^{N})$.
We set $t_{j}=[v_{j}]$, hence we can write $v_{j}=t_{j} u_{j}$ where $[u_{j}]=1$.
Since the embedding $\mathcal{D}^{s,2}(\mathbb{R}^{N})\subset L^{p}+L^{q}$ is continuous, we deduce that $u_{j}$ is bounded in $L^{p}+L^{q}$.
Then, by $(v_{j})\subset \mathcal{N}$, $t_{j}\rightarrow 0$ and Remark \ref{rem1}, we get
\begin{align*}
t_{j} &=\frac{1}{t_{j}}[v_{j}]^{2}=\int_{\mathbb{R}^{N}} g'(t_{j}u_{j})u_{j} dx\\
&\leq c_{1}t_{j}^{q-1}\int_{\{|v_{j}|\leq 1\}} |u_{j}|^{q} dx+c_{1}t_{j}^{p-1}\int_{\{|v_{j}|>1\}} |u_{j}|^{p} dx\\
&\leq c_{1}t_{j}^{q-1}\int_{\{|v_{j}|\leq 1\}} |u_{j}|^{q} dx+c_{1}t_{j}^{p-1}\int_{\{|u_{j}|>1\}} |u_{j}|^{p} dx \\
&\leq c_{1}t_{j}^{q-1}\int_{\{|u_{j}|\leq 1\}} |u_{j}|^{q} dx+c_{1}t_{j}^{q-1}\int_{\{|v_{j}|\leq 1\}\cap \{|u_{j}|> 1\}} \frac{|v_{j}|^{p}}{t_{j}^{q-p}} dx \\
&+c_{1}t_{j}^{p-1}\int_{\{|u_{j}|>1\}} |u_{j}|^{p} dx \\
&\leq c_{1}t_{j}^{q-1}\int_{\{|u_{j}|\leq 1\}} |u_{j}|^{q} dx+2c_{1}t_{j}^{p-1}\int_{\{|u_{j}|>1\}} |u_{j}|^{p} dx
\end{align*}
that is
\begin{equation}\label{tj}
1\leq c_{1}t_{j}^{q-2}\int_{\{|u_{j}|\leq 1\}} |u_{j}|^{q} dx+2c_{1}t_{j}^{p-2}\int_{\{|u_{j}|>1\}} |u_{j}|^{p} dx.
\end{equation}
Taking into account (\ref{tj}), $(b)$ of Lemma \ref{lem2.1} and $t_{j}\rightarrow 0$, we have
$$
1\leq c'_{1} t_{j}^{q-2}+c'_{2}t_{j}^{p-2} \rightarrow 0 \mbox{ as } j \rightarrow \infty,
$$
that is a contradiction. Therefore $\inf_{v\in \mathcal{N}} [v]^{2}>0$.

\medskip
\noindent
Since we are looking for positive solutions to (\ref{P}), we can assume that $g(t)=0$ for $t \leq 0$.\\
{\bf Step 5}: The following infimum
\begin{equation}\label{inf}
m:=\inf_{v\in \mathcal{N}} I(v)
\end{equation}
is achieved.\\
Let $\{u_{j}\}\subset \mathcal{D}^{s,2}(\mathbb{R}^{N})$ be a minimizing sequence for (\ref{inf}).
Then, by $(g1)$, follows that
\begin{align}\label{3.3}
\Bigl(\frac{1}{2}-\frac{1}{\mu}\Bigr)[u_{j}]^{2}\leq \frac{1}{2}[u_{j}]^{2}-\int_{\mathbb{R}^{N}} g(u_{j}) dx=I(u_{j}),
\end{align}
that is $\{u_{j}\}$ is bounded in $\mathcal{D}^{s,2}(\mathbb{R}^{N})$.\\
We claim that $m>0$. Indeed, if $m=0$, the minimizing sequence $\{u_{j}\} \subset \mathcal{N}$ is such that $I(u_{j}) \rightarrow 0$, and by (\ref{3.3}) we deduce that $[u_{j}] \rightarrow 0$. This gives a contradiction because of  Step $4$.\\
Now, by using Theorem \ref{park}, we can note that $I(u^{*}_{j})\leq I(u_{j})$, where $u^{*}_{j}$ is the symmetric-decreasing rearrangement  of $u_{j}$. Moreover, by the boundedness of $\{u_{j}\}$, we can see that $\{u^{*}_{j}\}$ is bounded in $\mathcal{D}^{s,2}(\mathbb{R}^{N})$.\\
In virtue of Theorem \ref{compactthm}, the embedding $\tilde{\mathcal{D}}^{s,2}_{rad}(\mathbb{R}^{N})\subset L^{p}+L^{q}$ is compact, so, up to a subsequence, we may assume that $u^{*}_{j} \rightarrow u^{*}$ strongly in $L^{p}+L^{q}$, and weakly in $\mathcal{D}^{s,2}(\mathbb{R}^{N})$.\\
Let us observe that
$
J(u^{*}_{j}) \leq J(u_{j})= 0
$
thanks to Theorem \ref{park},
so we don't know if $u_{j}^{*}$ belongs to the Nehari manifold $\mathcal{N}$.
Then, for any $j\in \mathbb{N}$ there exists a unique $t_{j}\in [0,1]$ such that $t_{j} u^{*}_{j}\in \mathcal{N}$ and $t_{j}$ converges to some $t_{0}$.
By Step $3$ follows that $I(u_{j})$ is the maximum for $I(tu_{j})$ when $t \geq 0$, so we get
\begin{equation}\label{3.5}
0<m\leq I(t_{j} u^{*}_{j})\leq I(t_{j} u_{j})\leq I(u_{j}).
\end{equation}
Since $I(u_{j})\rightarrow m$, we obtain $I(t_{j} u^{*}_{j}) \rightarrow m$. It is clear that $t_{0} \neq 0$. Otherwise $t_{j} u^{*}_{j}\rightarrow 0$ in $\mathcal{D}^{s,2}(\mathbb{R}^{N})$, and by (\ref{3.5}) we deduce that $m=0$, which provides a contradiction in virtue of Step $4$.\\
Now, we show that $u^{*}\neq 0$. If we suppose that $u^{*}=0$, then $u^{*}_{j} \rightarrow 0$ strongly in $L^{p}+L^{q}$.
Putting together $J(u^{*}_{j})\leq 0$, Remark \ref{rem1}, and by using H\"older inequality and Lemma \ref{lem2.1}, follows that by setting $u^{*}_{j}=u^{*}_{1j}+u^{*}_{2j}$ with $u^{*}_{1j}\in L^{p}$ and $u^{*}_{2j}\in L^{q}$ and $\Gamma_{j}=\{x\in \mathbb{R}^{N}: |u_{j}(x)|>1\}$
\begin{align*}
[u^{*}_{j}]^{2}&\leq \int_{\mathbb{R}^{N}} g'(u_{j}^{*})u_{1j}^{*} dx+\int_{\mathbb{R}^{N}} g'(u_{j}^{*})u_{2j}^{*} dx \\
&\leq \left[c_{1} \|u_{j}^{*}\|^{q/p'}_{L^{q}(\mathbb{R}^{N}-\Gamma_{j})}+c_{1} \|u_{j}^{*}\|^{p-1}_{L^{p}(\Gamma_{j})}\right] \|u_{1j}^{*}\|_{L^{p}(\mathbb{R}^{N})} \\
&+ \left[c_{1} \|u_{j}^{*}\|^{q-1}_{L^{q}(\mathbb{R}^{N}-\Gamma_{j})}+c_{1}|\Gamma_{j}|^{\frac{p-q}{pq}} \|u_{j}^{*}\|^{p-1}_{L^{p}(\Gamma_{j})}\right] \|u_{2j}^{*}\|_{L^{q}(\mathbb{R}^{N})}\\
&\leq c_{4} \|u_{j}^{*}\|_{L^{p}+L^{q}}
\end{align*}
that is $u^{*}_{j} \rightarrow 0$ in $\mathcal{D}^{s,2}(\mathbb{R}^{N})$ as $j \rightarrow \infty$. This and (\ref{3.5}) yield $m=0$, which is impossible because $m>0$.\\
Then, by using $I(t_{j} u^{*}_{j}) \rightarrow m$ and $t_{j}u^{*}_{j}\in \mathcal{N}$, and by applying Lemma \ref{lem2.3} and Lemma \ref{lem2.5}, we have
\begin{align}\label{cane}
m &=\lim_{j \rightarrow \infty} I(t_{j}u^{*}_{j}) \nonumber\\
&=\lim_{j \rightarrow \infty}  \int_{\mathbb{R}^{N}} \frac{1}{2} g'(t_{j}u^{*}_{j})t_{j}u^{*}_{j}-g(t_{j}u^{*}_{j}) dx \nonumber\\
&= \int_{\mathbb{R}^{N}} \frac{1}{2} g'(t_{0}u^{*})t_{0}u^{*}-g(t_{0}u^{*}) dx.
\end{align}
Now, we argue by contradiction in order to prove that $t_{0}u^{*} \in \mathcal{N}$. If we
assume that $t_{0}u^{*} \notin \mathcal{N}$, by $J(u^{*}_{j}) \leq J(u_{j})= 0$ and (\ref{3.5}) we have
$$
I(t_{0}u^{*})\leq m
$$
and
$$
[t_{0}u^{*}]^{2}<\int_{\mathbb{R}^{N}} g'(t_{0}u^{*}) t_{0}u^{*} \, dx,
$$
so we can find $t_{1}\in [0,1)$ such that $t_{1}t_{0}u^{*} \in \mathcal{N}$.
As a consequence
$$
m\leq I(t_{1}t_{0}u^{*})=\int_{\mathbb{R}^{N}} \frac{1}{2} g'(t_{1}t_{0}u^{*}) t_{1}t_{0}u^{*}-g(t_{1}t_{0}u^{*}) \,dx.
$$
In view of $(g1)$, the map
$$
t>0\mapsto \psi(t):=\int_{\mathbb{R}^{N}} \frac{1}{2} g'(tu) tu-g(tu) \, dx
$$
is strictly increasing, so by this and (\ref{cane}) we get
$$
m\leq \psi(t_{1}t_{0}u^{*})<\psi(t_{0}u^{*})= m,
$$
which is a contradiction.
This concludes the proof of Step $5$.\\
Then, by applying the Lagrange multiplier rule, there exists $\lambda\in \mathbb{R}$ such that
\begin{equation}\label{WF}
\langle I'(t_{0} u^{*}), \varphi \rangle=\lambda \langle J'(t_{0} u^{*}), \varphi \rangle
\end{equation}
for any $\varphi \in \mathcal{D}^{s, 2}(\mathbb{R}^{N})$.\\
By testing $\varphi=t_{0} u^{*}\in \mathcal{N}$ in (\ref{WF}), and keeping in mind that $\langle J'(u), u \rangle <0$ for all $u\in \mathcal{N}$ (see Step $1$), we deduce that $0=\langle I'(t_{0} u^{*}), t_{0} u^{*} \rangle=\lambda \langle J'(t_{0} u^{*}), t_{0} u^{*}\rangle$, that is $\lambda=0$ and $t_{0} u^{*}$ is a nontrivial solution to (\ref{P}).
Actually, by the strong maximum principle \cite{CS1}, we argue that $t_{0} u^{*}$ is positive.
\end{proof}

redpajama_set_name: RedPajamaArXiv


text:
Morgan 3-Wheeler EVS Junior – An Electric Car You Can Afford (But Not Fit Inside)
Ben Branch September 24, 2020
Reading time: about 2 minutes.
The Morgan EVS Junior is a 3-wheeler for kids based on the design of the full-scale Morgan EV3 that was announced in 2016.
When the EVS Junior first went on sale it did raise a few eyebrows due to the $8,250 USD starting price. However it makes a lot more sense when you consider that it has a carbon fibre body, a hand-stitched leather interior, working suspension, a 10 mile range with a top speed of 10 mph (in forwards and reverse), and of course – it's all made by Morgan's artisan workers.
Buyers can choose their paint color from Morgan's famous 40,000 palette and a range of racing sticker packs can be bought when ordering new. Morgan say that the EVS Junior is suitable for children over the age of 6, it's also fully CE certified.
A 10 mile range is impressive for a children's electric car, the 10 mph top speed (16 km/h) helps ensure they (probably) won't get themselves into too much trouble, and the car is recharged by plugging it into a regular 220-240 volt power outlet for four hours.
The full size Morgan EV3 has very similar looks to its junior counterpart, however as you would obviously expect the adult version packs significantly more performance under the hood. It's powered by a 46 kW (62 hp) liquid-cooled electric motor and a 20 kWh lithium-ion battery pack. Due to the extremely low kerb weight (1,100 lbs) of the car this motor can propel it from 0 to 62 mph in 9 seconds and on to a top speed of 90 mph, with a range of 150 miles depending on driving style.
Due to the MSRP the Morgan EVS Junior has typically been sold to wealthier families, and now that we're a few years down the road a small number of them have begun popping up for sale – likely as their first owners got too big for them.
The estimated cost of the example you see here is just $3,000 to $5,000 USD – a big discount over the cost of a new one, and it's presented in excellent condition throughout.
Visit The Listing
Images: ©2019 Courtesy of RM Sotheby's
Published by Ben Branch - September 24th 2020
The Valespeed 28 – A Custom Motorcycle For The Age Of Social Distancing
Custom Motorcycles
This is the new Valespeed 28 by Valespeed Motorcycles, it's a limited run production bike that can be ordered either with or without the accompanying sidecar. Living as we do in the age of…
The Norton Commando 750 S – A British Superbike Icon
The Norton Commando 750 S was the scrambler version of the Commando series, a model range from Norton that would prove to be one of their best sellers even as the onslaught of motorcycles from…
For Sale: A Vincent Black Lightning – The Fastest Production Motorcycle In The World In 1948
The Vincent Black Lightning was the fastest production motorcycle in the world when it was first offered to the public as a production model in 1948, only 31 were built and today they're among…
Alpinestars Brera Airflow Jacket – A Perforated Leather Jacket For Warm Weather Riding
The Alpinestars Brera Airflow Jacket is made from full grain leather and features slim-fitting, CE certified, removable Bio Armor shoulder and elbow protectors as well as a pocket for an Alpinestars Nucleon back protector, which…
The Pando Moto Mark KEV 01 – Cordura Motorcycle Jeans
These are the Pando Moto Mark KEV 01 Cordura motorcycle jeans, they're a recent release from the European company made from black 12.5oz Cordura super-stretch denim. This material is highly abrasion resistant which makes it…
Litelok Moto 108 – Motorcycle Security For The 21st Century
The Litelok Moto 108 was developed by a former Rolls-Royce aeronautical engineer with over 30 years of industrial design experience to solve one key problem – how do you keep your bike secure in…
A Custom Moto Guzzi Nevada 750 – TOMA #21 by TOMA Customs
The Long Lost 1973 World Rally Championship A110 1800 Gr. IV – Discovered and Restored by alpineLAB

redpajama_set_name: RedPajamaCommonCrawl


text:
Repubblicano, è stato il 30º governatore del Dakota del Nord, dal 1992 al 2000, quindi dal 2008 al 2009 è stato il Segretario dell'Agricoltura nel Gabinetto del presidente George W. Bush.

Altri progetti

Collegamenti esterni

Politici del Partito Repubblicano (Stati Uniti d'America)
Governatori del Dakota del Nord
Segretari dell'Agricoltura degli Stati Uniti
Membri del Gabinetto del Presidente George W. Bush

redpajama_set_name: RedPajamaWikipedia


text:
Richard Whately
Jeffrey Combs
Peter Sis
Paul Singer
Peter Chernin
Carey Lowell
Context and memory play powerful roles in all the truly great meals in one's life.
Written by Anthony Bourdain
I'm not afraid to look like a big, hairy, smelly, foreign devil in Tokyo, though I do my best not to, I really do.
I'm not afraid to look like an idiot.
Is there a sharper commentary on American culture and the world than The Simpsons?
Understand, when you eat meat, that something did die. You have an obligation to value it - not just the sirloin but also all those wonderful tough little bits.
My house is run, essentially, by an adopted, fully clawed cat with a mean nature.
Meals make the society, hold the fabric together in lots of ways that were charming and interesting and intoxicating to me. The perfect meal, or the best meals, occur in a context that frequently has very little to do with the food itself.
At the end of the day, the TV show is the best job in the world. I get to go anywhere I want, eat and drink whatever I want. As long as I just babble at the camera, other people will pay for it. It's a gift.
I don't like to see animals in pain. That was very uncomfortable to me. I don't like factory farming. I'm not an advocate for the meat industry.
Bad food is made without pride, by cooks who have no pride, and no love. Bad food is made by chefs who are indifferent, or who are trying to be everything to everybody, who are trying to please everyone... Bad food is fake food... food that shows fear and lack of confidence in people's ability to discern or to make decisions about their lives.
I'm not searching for hard news; I'm not a journalist, but I'm interested in pushing to boundaries of where we can do the kind of stories that we want to do. I mean, it's a big world and CNN has made it a lot bigger and they haven't flinched.
The Congo was the most difficult shoot of my life but was also maybe the greatest adventure of my life.
I've been really fortunate in that I guess I was hired to do 'A Cook's Tour;' I was already a known quantity, meaning I had written a really obnoxious book and nobody expected me to be anyone that I wasn't already.
I, personally, think there is a really danger of taking food too seriously. Food should be part of the bigger picture.
It just seems there's better things to do in your life than be on television if it's not interesting, if it's not challenging, if it's not fun. You know? When it stops being those things for me, I'll stop making television.
The cooking profession, while it's a noble craft and a noble calling, 'cause you're doing something useful - you're feeding people, you're nurturing them, you're providing sustenance - it was never pure.
I'm not looking to freak people out - eating rodents or bugs. I don't do that anymore.
There are people with otherwise chaotic and disorganized lives, a certain type of person that's always found a home in the restaurant business in much the same way that a lot of people find a home in the military.
I could do one show after another in China for the rest of my life and still die ignorant. There's a lot of places left to go.
I like telling stories, and I tell stories that interest me. It would be boring to have to go to nothing but the best restaurants. That would be a misery to me.
I would like to see people more aware of where their food comes from. I would like to see small farmers empowered. I feed my daughter almost exclusively organic food.
I'm always secretly the most pleased when a show just really, really looks good and when my camera guys are really happy with the images they got.
Big stuff and little: learning how to order breakfast in a country where I don't speak the language and haven't been before - that's really satisfying to me. I like that.
I'm a Twitter addict. Jose Andres is a serial tweeter. It's funny to see which chefs have embraced it, and the different paths they take.
If somebody crafts an interesting tweet that'll lead me to their blog, I'm going to their blog.
I'm a decent cook; I'm a decent chef. None of my friends would ever have hired me at any point in my career. Period.
I was a journeyman chef of middling abilities. Whatever authority I have as a commenter on this world comes from the sheer weight of 28 years in the business. I kicked around for 28 years and came out the other end alive and able to form a sentence.
It would be an egregious mistake to ever refer to me in the same breath as most of the people I write about.
My mom had Julia Child and 'The Fannie Farmer Cookbook' on top of the refrigerator, and she had a small repertoire of French dishes.
You know, from age 17 on, my paycheck was coming from cooking and working in kitchens.


A series of manga-related talks have been announced to accompany the free manga exhibition currently running at The British Museum, called Manga Now: Three Generations. The exhibition features newly-commissioned work by three artists: Tetsuya Chiba (Ashita no Joe), Yukinobu Hoshino (2001 Nights) and Hikaru Nakamura (Saint Young Men, Arakawa Under the Bridge). The image to the left is by Yukinobu Hoshino.
1.15 p.m. to 2 p.m. - Start local, go global: manga in world culture - Talk by Helen McCarthy in Room 3.
2 p.m. to 3 p.m. - Drawing manga: practice and context - Demonstration by Hugo Yoshikawa in Stevenson Lecture Theatre. This event must be booked here.
1.15 p.m. to 2 p.m. - Shōjo manga: girls' comics from Japan - Talk by critic Paul Gravett and manga artist Akiko Hatsu in Room 92.
1.15 p.m. to 2.m. - Manga now, ukiyo-e then - Talk by Tim Clark in Room 3.
1.15 p.m. to 2 p.m. Manga now at the British Museum - Talk by Nicole Rousmaniere in Room 3.
1.30 p.m. to 230 p.m. - Big swingers and geezer girls: golf manga in post-war Japan - Talk by Angus Lockyer of SOAS. This event must be booked here in the BP Lecture Theatre.
6 p.m. to 8.30 p.m. Otaku Attack - 'An evening of manga-inspired entertainment and digital activities, including performances by shamisen player Hibiki Ichikawa and traditional Japanese enka and minyo songs by Akari Mochizuki. Cosplayers welcome.' This event will take place in Great Court and Samsung Digital Discovery Centre.


text:
Adam Elliot (Melbourne, 2 januari 1972) is een Australisch regisseur van animatiefilms met een specialisatie in klei-animatie. In 2003 won hij de Oscar voor beste korte animatiefilm met zijn korte film Harvie Krumpet. Hierna ging hij vijf jaar aan het werk voor zijn eerste avondvullende film, Mary and Max, die in 2009 bij de opening van het Sundance Film Festival in première ging.

Elliots animatiefilms zijn semi-fictionele biografieën en staan volledig in het teken van de karakters, die tot in de details worden blootgesteld aan de kijker. Zelf noemt Elliot zijn films "clayographies", biografieën van klei.

Stemacteurs die met Elliot hebben samengewerkt zijn onder andere Philip Seymour Hoffman, Toni Collette, Geoffrey Rush, Eric Bana en Barry Humphries.

Filmografie
Uncle (1996)
Cousin (1998)
Brother (1999)
Harvie Krumpet (2003)
Mary and Max (2009)
Ernie Biscuit (2015)

Australisch animator
Australisch filmregisseur


text:
Modern War #12 Dragon vs Bear
Wydawca: Decision Games
Dragon vs Bear: China vs Russia in the 21st Century is a wargame based on the premise that the People's Republic of China and the Russian Federation go to war sometime in the twenty-first century. The game is an update of SPI's East Is Red game, specifically showing the developments in warfare that have occurred in the intervening decades, and projected out to the near future. Both side's armed forces are smaller than they were during the Cold War, but have access to modern high-tech weapons and tactics, termed in the game as Hyperwar.
Dragon vs Bear: China vs Russia in the 21st Century is operational level with two players: One for China and one for Russia. It puts players in the position of having to utilize the full spectrum of military operations, which also include weapons of mass destruction. The game is played in scenarios, each postulating different reasons for the war, as well as different levels of mobilization. You win by defeating the enemy and gaining national objectives.
The game emphasizes land and airpower. Naval warfare is factored out on the premise that the Chinese and Russian navies would cancel each other out for the period that the game scenarios covered.
Conventional land and airpower are treated in a generally similar manner. This is in part because of the lack of sophisticated higher level airpower doctrines in the Chinese and Russian armed forces, but also because of the range and lethality of modern munitions: firepower is going to be the same whether delivered by a multiple rocket launcher system, an attack helicopter, or a jet bomber. The real difference will come in with the application of Hyperwar capabilities. Hyperwar is inherent in certain unit types, and can be assigned to others via Hyperwar strikes.
Components: One 22" x 34" map & 228 counters
· Dragon vs. Bear: Possibilities for Chinese versus Russian operational conflict with a look at both countries' armed forces.
· Chinese Special Forces: Power projection in East Asia via unconventional warfare.
· War in Mali: Current fighting in the War on Terror leads to the Foreign Legion returning to Timbuktu.
· Air Ambush over Vietnam: The USAF's Colonel Olds springs a trap on North Vietnamese interceptors.
· Operation Able Archer: The incredible moment in 1983 when the USSR almost went to war with NATO.
· The G-6 Rhino: The South African Army's super artillery gun.
Modern Naval Battles - Global Warfare - Ship Expansion #1
Modern Naval Battles - Global Warfare
Modern Naval Battles - Campaign Expansion
Modern War #6 Decision Iraq
Against the Odds #40 - Lilliburlero
Modern War #37 Putin Moves South
Strategy & Tactics #312 Alesia


IT'S THE BEST SELLING TATTOO REMOVAL GUIDE IN THE HISTORY OF THE INTERNET!
Apart from offering 75% commissions on all sales and personalized affiliate support, we are offering all new affiliates a $50 bonus, as a thank you for promoting our product! All you have to do to claim your $50 bonus is to send us your affiliate ID and paypal email once you have done 7 sales from the main product and we will paypal you the bonus within 24 hours. Yes, it's that easy!
This is not a promotional list. It's strictly business for news and updates about our products. We will NEVER share or sell your name and email address, NEVER send you third party offers, and we will not bombard you with emails.


Going to Son Parc? Find the best month to visit Son Parc based on the weather.
The climate guide for Son Parc, Menorca shows long term monthly weather averages processed from data supplied by CRU (University of East Anglia), the Met Office & the Netherlands Meteorological Institute. Find out more about our data sources.
Below are average maximum temperatures at popular destinations in Menorca in the current month - April. Select a destination to see more weather parameters.


Rock out with the blonde and black Rock Diva Wig. It's the perfect fancy dress accessory for that 80s party. An 80s party would not be complete without the appearance of a mullet, so wear yours with pride! A decades themed fancy dress party would relish a wig like this. If you fancy yourself as a bit of a rock chick this wig will be ideal. Get practising that head banging and relive your youth with Smiffy's.


text:
New Mexico League Pursuing Link with Mexico's Alianza
ALBUQUERQUE, N.M. - With assistance from the World Council of Credit Unions, the New Mexico Credit Union League is pursuing a partnership with Alianza, a federation of CUs in central Mexico. The proposed pact follows other sharing arrangements on services and products that have been in place with sister Leagues...
By Jim Rubenstein | June 29, 2004 at 08:00 PM | The original version of this story was published on Credit Union Times Magazine
ALBUQUERQUE, N.M. – With assistance from the World Council of Credit Unions, the New Mexico Credit Union League is pursuing a partnership with Alianza, a federation of CUs in central Mexico. The proposed pact follows other sharing arrangements on services and products that have been in place with sister Leagues in California and Texas with south of the border CUs. "We're just in the talking stages now, but our board at our annual meeting this month did approve going forward on a partnership with Alianza," said Sylvia Lyon, president/CEO of the New Mexico League. "This will be an exciting initiative for us." Alianza with 22 members serves the Guadalajara/Jalisco area in Mexico. Talks between the League and Alianza followed a visit by Lyon to Mexico, noted WCCU. If the arrangement is approved, the New Mexico League could pattern its partnership after Texas and California leagues' pacts with Caja Popular Mexicana and the Arizona League with Caja Libertad, respectively. Those partnerships, said WCCU, have led to cross-border shared branching and part of a broader effort to allow CUs on both sides of the border to effectively provide reciprocal service. Lyon said details of the partnership and services are still to be finalized. Separately, the Missouri Credit Union Association has agreed to a partnership with the Barbados Co-Operative and Credit Union League Limited with a formal announcement expected later this month. "Officials of the Missouri League are in Barbados now," noted the WCCU spokesman. Also at the annual meeting of the League, the organization agreed to change its name to Credit Union Association of New Mexico effective Sept. 1. A keynote speaker, Rick Craig, CEO of America First FCU in Riverdale, Utah, urged New Mexico CU leaders to prime their political action programs quickly for the relentless banker attacks. "Don't wait until there is a problem," Craig warned, adding bankers "are conspiring behind your back in New Mexico today. Credit unions have to become involved in the legislature to make a difference." Craig warned attendees not to be complacent and not to feel "a false sense of security." -


text:
Brother Claude Ely
Brother Claude Ely with a swell hat.
The Greatest White Gospel Record Ever.
It Was This Big.....Brother Claude Ely.
Brother Claude Ely (born July 21, 1922 in the Virginia hill country near Puckett's Creek in Lee County, a few miles outside of Pennington Gap) was the greatest white gospel singer there ever was, and the only one I've ever heard who could hold his own with the great black gospel shouters of the golden era of gospel quartets (1946-66)-- Julius Cheeks (Sensational Nightingales), Archie Brownlee (Five Blind Boys Of Mississippi), Ira Tucker (Dixie Hummingbirds), and Paul Foster (Soul Stirrers). Okay, maybe not that good, but pretty damn close.
He sang and shouted his little heart out not for fame and fortune, but for the love of God.
Claude Ely took to music at age twelve, laid up with a case of TB, he started on harmonica, soon he was given a mail order Sear guitar by an Uncle-- "He brought it to my bed and laid it across my chest and by the hand of God my fingers began to play the chords and a voice came in my mouth to sing. From that day on I have been playing guitar and singing".
In his late teens he went to work in the coal mines of Harlan County, the scene of many of bloody labor struggle (documented in Barbara Kopple's 1977 documentary Harlan County U.S.A.), fought in World War II, and after the war returned to mining. While shoveling coal one day in 1949 he received a calling to the ministry. Directly from above. He became a pastor of the traveling sort, bringing the word to churches in Sneedville, Tennessee, and all around Lee County and in Cumberland, Harlan County. He would spend the rest of his life as an evangelist, working tent show revivals and eventually founding his own Free Pentecostal Church, an off shoot of the Church Of God (Holiness), the white version of the Church Of God In Christ, the black church that produced more great gospel singers, make that great singers, period, than any other organization, religious or other.
In 1953-4, Syd Nathan's King Records of Cincinnati, Ohio, the rhythm and blues and country music indie powerhouse label that (along with it's Federal, Deluxe, and Queen subsidiaries) recorded such R&B pioneers as the Midnighters, the Dominoes, James Brown, Wynonie Harris, Freddie King, the 5 Royales, and country and rockabilly artists like the Delmore Brothers, Cowboy Copas, Charlie Feathers, Moon Mullican, T. Texas Tyler, as well as a stellar gospel roster, black and white, that at various times included the Spirits Of Memphis Quartet, the Swan Silvertones, The Wings Of Jordan Choir, and the Brown's Ferry Four (who were actually the Delmore Brothers), recorded Brother Claude Ely at a church revival via a wire that ran through the radio station WCTW out of Whitesburg, Kentucky. On these recordings Brother Claude and his guitar are backed by a rockin' mandolin player whose name has been lost to time, and a female vocal group called the Cumberland Four. The first disc issued under his name -- There Ain't No Grave Gonna Hold My Body Down (later covered by Johnny Cash) b/w Holy, Holy, Holy (That's All Right) (King 5616) was, is, and will always be, the greatest white gospel record ever recorded, and one of the pinnacle moments of recorded American music. That same year (1954), King issued several more singles from that same revival meeting recording-- There's A Leak In This Old Building b/w Farther On (King 5617, I'm using the catalog #'s from the 45's, the 78's were issued in the 1300 series), You Gotta Move (this was the version that inspired Elvis' cover version heard in his first film Love Me Tender) b/w Little David Play On Your Harp (King 5618), and Talk About Jesus b/w There's A Higher Power (King 5619). These records, if they had secular lyrics would have been considered among the very first white rock'n'roll records. They, however are not rock'n'roll records, nor are they the type of religious country music known to collectors as "sacred", which usually means hymns done country style. These discs are hard shouting, driving, gospel music, the type usually only heard by black artists. I know of no other white singer that could fall into this category.
As well as traveling the gospel highway, Ely spent time as a pastor in churches in Grundy, Virginia,
Florence, Kentucky, and finally settling into a job as pastor of the Charity Tabernacle Church in the wide open sin city of Newport, Kentucky, right across the river from Cincinnati. A town more known for after hours gambling joints and strip bars than churches.
Brother Claude would not record for King again until 1962, when he recorded a session at Rusty York's (of the rockabilly classic Sugaree fame) studio, backed by fiddle, electric guitar, steel guitar, bass and drums as well as a male vocal group, who were also dubbed the Cumberland Four. From that session, which was issued by King as the LP The Gospel Ranger (later re-issued on Ely's own Gold Star label) came some excellent sides, not quite as wild as the church revival recordings, but well worth owning, the best tracks-- Stop That Train, I Want To Go To Heaven, My Crucified One, Fare You Well, That Old Fireside, and Do You Want To Shout rock nearly as hard as the '53-4 sides. If the lyrics weren't concerned with Jesus, these sides would be considered high energy hillbilly boogie and rockabilly, at it's finest. The rest of this session along with some earlier material would be released by King on the album
At Home And At Church, again, Ely would re-issue this album on his own Gold Star label, mostly to sell at revival meetings. He traveled considerably, working all over the eastern and mid-western United States, even getting to Canada and Alaska. He sang for Jesus, and for the Holy Ghost, and he sang hard, and preached even harder.
In September of 1977, Claude Ely suffered a heart attack but soon recovered and was back on the pulpit by the end of that year. On May 7, 1978, at a revival at his home base Charity Tabernacle, Ely was playing organ behind an evangelist named Maynard Banks. Banks called on Brother Claude to sing Where Could I Go To But The Lord, which he tore into in his usual high energy manner. Halfway through the tune he suffered another heart attack, fell off his stool and died in front of the packed house. The Holy Ghost took him home. In 1979 Ely's daughter-- Claudette Bowling issued an LP of his home recorded demos along with some sermons on the Jordan label, it was titled Where Could I Go To But The Lord. I've never been able to track down a copy of this rare disc. In fact, I've never even seen a copy. Since his death, no one has bothered to check his coffin to see if the grave did indeed hold his body down, but if I had to wager on it, I'd bet that box is empty.
In 1993, the UK Ace label issued a twenty three track CD of the best of Brother Claude Ely's King recordings, titled Satan Get Back (Ace CDCHD 456), I would say this is as an essential purchase as they come, and it includes several un-issued tracks including Ely's female backing singers-- the Cumberland Four's amazing rendition of I'm Just A Stranger Here and Ely's s wailing Send Down That Rain, the latter recorded at the 1953 Kentucky revival that produced his first five singles.
Recently, Brother Claude's nephew, a private investigator named Macel Ely II has published a biography of Claude Ely titled Ain't No Grave: The Life & Legacy Of Brother Claude Ely. It can be found here. The fools who purport to tell the history of American music seemed to have relegated Brother Claude Ely to a footnote, the man who recorded the versions of Ain't No Grave and You Got To Move that inspired Johnny Cash and Elvis Presley's covers. This is monstrously unfair, for Brother Claude Ely was one of the greatest singers ever recorded, and his career deserves to be celebrated, and his music demands to be listened to.
Labels: Brother Claude Ely
Thanks for this - fantastic! After having posted the Bells of Joy a few months ago doing 'Let's Talk About Jesus' (do you already have it?), it was so interesting to hear Brother Claude Ely's version.
Bob Pomeroy said...
Another great post, Hound. Thanks. Hell, I'd go to church if it still rocked this hard.
Newport, KY, sounds like it was once a real swingin' town. Where else could you have capped an all-nighter with a rousing service at the Charity Tabernacle in the Saturday Sinner/Sunday Saint fashion?
"After having posted the Bells of Joy a few months ago doing 'Let's Talk About Jesus' (do you already have it?),"
I have a copy, also have their first Peacock LP, every tune is killer.. Let's Talk was a good size hit....
"Newport, KY, sounds like it was once a real swingin' town. "
Last time I went through there (in '92) it was still pretty cool, trashy strip bars and good junk stores, even found a few good records....someone turned up a copy of Blind Joe Reynolds' "Cold Woman Blues" (only known copy) not far from there in the late 90's.
DaveO said...
Great stuff.. Been following your blog for a few months now. Really appreciate the tunes and the history. Thanks..
You write as powerfully as Brother Claude used to sing.
Preach on from YOUR pulpit Brother Hound !
Praise the Lord and thank the Hound. Not necessarily in that order.
slugger said...
Thanks for this post. I am blessed to have heard this music. Amen brother.
SwinginParis said...
Your editorial was great and you are abso friggin lutely right about Brother Claude being relegated to a mere footnote.This guy was as pure and raw as it gets and man some good Travis picking guitar too. Gospel of this caliber is in short supply where you named 4 of my all time favorite Black Gospel shouters ( I would have added Jimmy Outer of the Soul Stirrer as well ). I read your other entries and find them very interesting and well written. Thanks again.
Duncanmusic said...
No surprise to me to learn you're hip to Brother Ely. My piano player grew up with snake handlers like this guy and flipped when I first played him. It really does seem probable Elvis was aware and influenced, so why is Brother Ely such a footnote to most? Hope your succinct essay lights up a few bulbs. Thanks for your passion.
Some pretty hot white gospel from WV here:
http://www.youtube.com/watch?v=nl_8r7WG3g4
Very curious to learn more about the guitarist, if anyone's got the story.
Apologies for the double-post into discographical minutiae, but your post prompted me to double-check a few Bro. Claude records...
Regarding that Ain't No Grave / Holy Holy Holy 45, might that be a later pressing? Several years ago in KY I found an Ain't No Grave / Talk About Jesus 45, and it's King 1311. Pretty sure that's the song pairing on the 78 as well? I found the 78 once but gave it to my girlfriend at the time, who was a big fan. Perhaps not my shining moment.
I've also got a red label 45 (King 1282) that has There's a Leak... / You Got to Move, and a 78 that pairs Little David Play on Your Harp / Farther On (King 1375). So, it seems there might've been multiple pressings over the years?
In any case, of course the music is what's most important and so thanks very much for all the knowledge you've shared through your radio show, writing, etc. over the years!
"Regarding that Ain't No Grave / Holy Holy Holy 45, might that be a later pressing? Several years ago in KY I found an Ain't No Grave / Talk About Jesus 45, and it's King 1311. Pretty sure that's the song pairing on the 78 as well"
Judging by the type on thelabel, I think the 45 I scanned is a 60's pressing, my 78 is also #'d 1311, but I was too lazy to photograph it as it's too big for my scanner. The red label 45's were used for country discs in the 50's, so the first pressings were are most likely the red labels....
Hound: Though not attributed in the discography of the King/Ace collection, aural evidence is highly compelling that the lead guitarist on Brother Ely's 1962 sessions is Lonnie Mack, who was doing session work in Cincinnati at the time, just prior to the release of 'Memphis.' Take a listen to 'Fare You Well' and 'My Crucified One' and Mack's '63 King recordings, and I'm sure you will be convinced as well.
"aural evidence is highly compelling that the lead guitarist on Brother Ely's 1962 sessions is Lonnie Mack, who was doing session work in Cincinnati at the time, just prior to the release of 'Memphis.' Take a listen to 'Fare You Well' and 'My Crucified One' and Mack's '63 King recordings, and I'm sure you will be convinced as well."
I dunno, it doesn't sound like Mack to me, but I always think of his sound as having that ultra wet Magnatone amp tremelo all over it. Researcher Tony Russell suggests the guitarist on the '62 session as Dennis Hensley, about whom I know nothing.
Thanks! Great find for me!
Morgan Young said...
Nice groove. Thanks for sharing.
I've been a big fan of Brother Claude Elys for a long time. Im glad someone has written a book about him. Thanks for the link!
Ever get the chance, take a listen to Brother Claude's preaching, yo.
Brother Claude's preaching makes his singing and playing sound restrained, like he is realy holding back some feelings that he needs to share with the group.
I am so happy to have discovered that The Hound has a blog! Wish I'd known about it before. I was a big fan of the radio show, which I discovered through WFMU's online archives, and soaked up a lot of terrific musical obscurities. Keep 'em coming.
And: This version of "Ain't No Grave" might be my favorite gospel song in the world.
Kurt Bernardo said...
http://www.npr.org/2011/05/05/136019632/a-nephews-quest-who-was-brother-claude-ely?ft=1&f=2&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+NprProgramsATC+%28NPR+Programs%3A+All+Things+Considered%29&utm_content=Google+Feedfetcher
philo said...
http://www.npr.org/2011/05/05/136019632/a-nephews-quest-who-was-brother-claude-ely
xl pharmacy said...
Great it looks like this guy enjoys so much his music and he has a good music too
Rev. Julius Cheeks
Mickey Hawks & the Nightraiders
Gillian's Found Photos #57
Donald Cammell- White Of The Eye (1987)


The worship room was not large enough for the crowd drawn Tuesday night to pay respects for the 11 victims of the shooting Saturday in Pittsburgh.
Editor's note: This story was changed from its original version to reflect the location of a "Solidarity Shabbat" planned for 7:30 p.m. on Friday, Nov. 2, at Temple Shalom, 4630 Pine Ridge Road.
The Chabad Naples worship room was not large enough for the crowd drawn Tuesday night to pay respects for the 11 victims lost to the shooting Saturday at a synagogue in in Pittsburgh.
"There are no words we can say that are accurate to describe our feelings," Rabbi Fishel Zaklos said about the attack at the Tree of Life Synagogue.
Eleven acts of kindness, 11 acts of pure good, Zaklos proposed to those attending the service to reflect on Saturday's tragedy.
"The best way to respond to irrational and incomprehensible evil is by showing irrational and incomprehensible love," Zaklos said.
Although shaken and frightened, the Southwest Florida Jewish community responded to Saturday's event by demonstrating strength and pride.
Several hundred people united to sing traditional Jewish songs. Among those attending were Naples Mayor Bill Barnett and Naples Police Chief Tom Weschler, as well as other community worship leaders.
To mourn those lost to Saturday's massacre, community worship leaders urged people to respond with peace and harmony.
Tuesday's gathering of solidarity followed a service Monday night at the Chabad of Bonita Springs and Estero.
Much like the rest of the Orthodox Jewish community, Lea Greenburg, wife of Rabbi Heschel Greenberg, learned about the shooting hours after it happened because of a Jewish tradition that does not allow them to use electronics during the Sabbath.
Security guards monitored the doors, and both locations have increased the security in the area to prevent a similar attack.
The Collier County Sheriff's Office is providing security and training to worship centers so that people can practice their religion and rights safely, said Collier Sheriff Kevin Rambosk.
"What occurred tonight is important," Rambosk said. "We need to bring people together in solidarity and support to stand as a community."
The Jewish community will continue to gather in solidarity this week. On Friday, the Jewish Federation of Greater Naples will host a "Solidarity Shabbat," welcoming everyone of all religious beliefs.
The observance is scheduled for 7:30 p.m. at Temple Shalom, 4630 Pine Ridge Road.


text:
US lawmakers to debate whether Pak is a 'friend or foe'
Tired Of The Alleged "double Game' Being Played By Islamabad, American Lawmakers Have Announced To Hold A Congressional Hearing Next Week To Discuss Whether Pakistan Is A "friend Or Foe' Of The US In The War On Terror.
PTI | Updated on: 10 Jul 2016, 10:33:23 AM
Tired of the alleged "double game" being played by Islamabad, American lawmakers have announced to hold a Congressional hearing next week to discuss whether Pakistan is a "friend or foe" of the US in the war on terror.
"This hearing will give members the opportunity to learn more about Pakistan's longstanding ties to terrorist groups and allow for a more informed reassessment of US foreign policy priorities vis-vis Islamabad," said Congressman Ted Poe Chairman of Subcommittee on Terrorism, Non-Proliferation and Trade of the House Foreign Affairs Committee.
The hearing titled "Pakistan: Friend or Foe in the Fight Against Terrorism?" has been convened by the Subcommittee on Terrorism, Non-Proliferation and Trade and Subcommittee on Asia and the Pacific of the House Foreign Affairs Committee.
"The US has spent tens of billions of taxpayer dollars in aid to Pakistan since 9/11. Now, fifteen years later, Pakistan's military and intel services are still linked to terrorist organisations and little success has been made to stabilise the region," said Congressman Matt Salmon, chairman of the subcommittee about the alleged "double game" played by Pakistan.
"We must take a closer look at US goals, expectations and our aid spending in the region. In this hearing, we will discuss the Administration's failed policy toward Pakistan and debate the best way forward," Salmon said.
Among the witnesses include former US ambassador to Afghanistan and United Nations, Zalmay Khalilzad. The other two witnesses are Bill Roggio, senior editor, Long War Journal and Tricia Bacon, Assistant Professor, American University.
"Pakistan's long history of ties to terrorist groups, including those with American blood on their hands, is well documented," Congressman Poe said.
"Pakistan's military intelligence agency, the Inter-Services Intelligence (ISI), provide support to various terrorist organisations, including the Taliban, al-Qaeda, and the Haqqani network, in a bid to exert influence over Pakistan's regional rivals," Poe said in a statement.
In May 2016, the leader of the Afghan Taliban Mullah Akhtar Mansour was killed in a US drone strike while in Pakistan, reinforcing Pakistan's image as an unquestionable safe haven for terrorist groups, he said.
In fact, in the most recent Country Reports on Terrorism, the State Department noted that Pakistan 'did not take substantial action against the Afghan Taliban or HQN [the Haqqani network], he added.
"Despite the mounting evidence of Pakistan's collusion with global terrorism, Pakistan is among the leading recipients of US foreign assistance, with Congress appropriating more than USD 33 billion to Islamabad since 2002," Poe said.
First Published : 10 Jul 2016, 10:27:00 AM
Pakistan Friend Or Foe


text:
provides :rbenv_ruby

include Chef::Rbenv::ScriptHelpers

def load_current_resource
  @rubie = new_resource.definition
  @definition_file = new_resource.definition_file
  @root_path = new_resource.root_path
  @user = new_resource.user
  @environment = new_resource.environment
  @patch_url = new_resource.patch_url
  @patch_file = new_resource.patch_file
  @rbenv_action = new_resource.rbenv_action
end

action :install do # ~FC017
  perform_install
end

action :reinstall do # ~FC017
  perform_install
end

private

def perform_install
  if ruby_build_missing?
    Chef::Log.warn(
      'ruby_build cookbook is missing. Please add to the run_list (Action will be skipped).')
  elsif ruby_installed?
    Chef::Log.debug("#{new_resource} is already installed - nothing to do")
  else
    install_start = Time.now

    install_ruby_dependencies

    Chef::Log.info("Building #{new_resource}, this could take a while...")

    # bypass block scoping issues
    rbenv_user = @user
    rubie = @rubie
    definition = @definition_file || rubie
    rbenv_prefix = @root_path
    rbenv_env = @environment

    patch_command = nil
    patch_command = "--patch < <(curl -sSL #{@patch_url})" if @patch_url
    patch_command = "--patch < #{@patch_file}" if @patch_file
    command = %(rbenv #{@rbenv_action} #{definition} #{patch_command})

    rbenv_script "#{command} #{which_rbenv}" do
      code command
      user rbenv_user if rbenv_user
      root_path rbenv_prefix if rbenv_prefix
      environment rbenv_env if rbenv_env
      action :nothing
    end.run_action(:run)

    Chef::Log.debug("#{new_resource} build time was " \
      "#{(Time.now - install_start) / 60.0} minutes")

    new_resource.updated_by_last_action(true)
  end
end

def ruby_installed?
  if Array(new_resource.action).include?(:reinstall)
    false
  else
    ::File.directory?(::File.join(rbenv_root, 'versions', @rubie))
  end
end

def ruby_build_missing?
  !run_context.loaded_recipe?('ruby_build')
end

def install_ruby_dependencies
  definition = ::File.basename(new_resource.definition)

  case definition
  when /^\d\.\d\.\d/, /^rbx-/, /^ree-/
    pkgs = node['ruby_build']['install_pkgs_cruby']
  when /^jruby-/
    pkgs = node['ruby_build']['install_pkgs_jruby']
  end

  package Array(pkgs) do
    action :nothing
  end.run_action(:install)

  ensure_java_environment if definition =~ /^jruby-/
end

def ensure_java_environment
  resource_collection.find(
    'ruby_block[update-java-alternatives]'
  ).run_action(:create)
rescue Chef::Exceptions::ResourceNotFound
  # have pity on my soul
  Chef::Log.info 'The java cookbook does not appear to in the run_list.'
end

redpajama_set_name: RedPajamaGithub


text:
Latest News and Information
All Community Sports FundCompany NewsCompetitionsNew ProductsPromotions
Receive a FREE Premium Thermoskin Laptop Backpack valued at RRP $59.95*
Custom made supports and braces for all shapes and sizes
Walk-On Socks a hit with the Running Community
5 steps to continue your success from Stadium Stomp!
Hampton Junior Soccer Club
10 Australian community sports teams win a share of over $13,000 from Thermoskin
With an all time record number of entries, choosing just 10 recipients of the 2015 Thermoskin Community Sports Fund was a no mean feat for this year's judges. From horse-riding and pole-vaulting to AFL and surfing, the judges assessed a total of 321 entries from an amazing range of sports, as well as teams from every state and territory across Australia.
The Thermoskin Community Sports Fund supports grass-roots sporting teams, allowing them to apply for funding from a total pool of $10,000. However, to accommodate the financial requests of the 10 recipients, Thermoskin made a surprise last minute decision to increase the fund to $13,000.
Teams were judged on the value they bring to their community, why they need the funds, the quality of their application and the number of votes they received via the Thermoskin Facebook page. Voting for the teams ran from 1 April to 20 April; in this short time more than 17,000 votes were cast, a 379% growth on 2014.
Taking on the difficult judging task this year were:
Eloise Southby, Former Australian Diamonds Netball Player
Richard Colman, Paralympic and World Champion
Alex Kountouris, Head Physiotherapist for the Australian Cricket Team
Matt Symington, UPI (Thermoskin) CEO
Now into its third year, the Thermoskin Community Sport Fund has seen a 127% increase in team nominations since 2014, and an impressive 236% increase from its inaugural year.
Mr. Symington explained, "The fund is designed to help clubs and their members stay active through the sports they love. It is not about how popular a sport is or how big a team is, it's just about showing us your commitment to your sport and the value you bring to the community."
He added, along with the other judges, that he was excited and overwhelmed by the volume, quality and diversity of entries that they had received this year.
"We are extremely pleased to see the growth of this campaign, evident through the sheer number of entries and votes. We were all surprised and delighted by the increase. We aim to continue to help as many teams as possible in the future so that Australia may continue to grow as a sporting nation."
New South Wales, Victoria and Queensland were the most represented states. Entries came from both regional and metropolitan areas across Australia, as well as teams of every age group.
The 10 lucky recipients are:
ACT High Vaultage Pole Squad, Florey ACT
$1,000 for vaulting poles
The High Vaultage Pole Vault Squad is a junior Pole Vault squad with athletes from 10-19 years old from across Canberra and into Goulburn, NSW. It is an inclusive group and encourages anyone who is keen to learn Pole Vault to come along. The money will be used to purchase three new pole vaults which are essential, but expensive.
Australian U24 Auroras Dragon Boat Team, national
$1,500 for racing uniforms
The U24 Auroras are a national mixed team of 30 dragon boaters. The team are dedicated amateur athletes who train like professionals. Their hope to build a legacy of fit, young Australians with the opportunity to fight the health challenges of this generation. The U24 Auroras received the highest number of Facebook votes.
Bendigo Divers, Epsom VIC
$1,500 for bathers and track suits
Bendigo Divers have talented divers from 8 to 15 years old and are currently the number 1 country club in VIC. The team aims to promote a good, clean sport and a responsible attitude, whilst highlighting in a rural area that anyone can achieve their goals in life.
Birchip-Watchem Netball Club, Whirily VIC
$1458.62 for equipment
A netball club from a small rural community, the Birchip-Watchem club has 110 members despite only having a town population of 800. The club provides community members with something to look forward to each week within a supportive environment and aims to highlight the importance of having a healthy body and mind.
Bluebottles U23 Mixed Ultimate Team, Kensington NSW
$1,500 for playing uniforms
A team of 23 athletes, 3 coaches and 1 manager make up this mixed Ultimate Frisbee team who will be representing Australia at the World U23 championships in London. The Bluebottles aim to be advocates for this lesser known sport by recruiting new players and increasing its visibility in Australia.
East Bankstown Football Club, Bankstown Centro NSW
$1,500 for uniforms and equipment
Celebrating 60 years and over 250 players, the East Bankstown Football Club want to cause a stir in the community and break down the barriers that many young girls face when participating in sport. They aim to continue to coach and mentor players so that they become strong role models for other girls.
Pyramid Waragnu Power, Gordonvale QLD
$1,500 for playing jerseys
An all female AFL team from Queensland who take part in the regular male competition, the Waragnu team is a whole new concept. The team aims to encourage local, mainly indigenous girls, to take up sport. They believe that sport can help provide indigenous girls with their own identity and strong connections.
Rubies Netball Team, Hilton Plaza SA
$675 for court hire, shorts and socks
The Rubies Netball Team is SA's representative netball team for players with an intellectual disability. The team aims to show that there is a pathway for athletes with a disability, they also give back to the community my running clinical and giving talks at schools throughout Australia.
Victorian Softball Umpires, Fitzroy VIC:
$1,368 for umpire equipment
Victorian Softball Umpires consist of more than 150 umpires across VIC and have been in existence in the 1960's. They service local competitions, state championships and many other tournaments. Victorian Softball Umpires provide a valued service to the sport of softball.
WA Lord's Taverners State Indoor Cricket Team, Hawthorn WA
A team of intellectually disabled indoor cricketers, the WA LTS team represent their state. They have been up and running since 1995 and through this team players have the opportunity to create friendships, join other sports and go on outings, all whilst staying fit and gaining confidence.
Find out more about the Thermoskin Community Sports Fund here.
Your email address will not be published but is required for submission.
Comments will be submitted for moderation / approval before being displayed on the site.
All fields below are required.
For any media related enquiries, please contact:
United Pacific Industries Pty Ltd
10 Eastspur Court
T: (03) 9761 7599 (Melb Metro)
T: 1800 188 019 (Toll Free)
enquiries@upi.com.au
www.upi.com.au


text:
FBI Hunting Russian Hackers Accused of Local Gov Thefts
Two Russian nationals are wanted by the FBI for widespread malware attacks that robbed dozens of entities nationwide of $70 million, including the town of Egremont in Berkshire County, Mass.
by Ray Kelly, MassLive.com / December 6, 2019
(TNS) — Two Russian nationals are wanted by the FBI for widespread malware attacks that robbed dozens of entities nationwide of $70 million, including the town of Egremont in Berkshire County, Mass.
Maksim Yakubets and Igor Turashev are accused of being members of a long-running conspiracy to employ widespread computer intrusions, malicious software, and fraud to steal millions of dollars from bank accounts in at least 11 states, according to a 32-page criminal complaint unsealed Thursday. The deployment of the "Zeus" malware resulted in the attempted theft of $220 million with actual losses estimated at $70 million from victims' bank accounts.
The pair allegedly infected thousands of business computers with malicious software that captured passwords, account numbers, and other information necessary to log into online banking accounts, and have then used the captured information to steal millions of dollars from victims' bank accounts.
Massachusetts Nonprofit Shelter Targeted by RansomwareRansomware Hampers Operations for Public Hospital SystemFive Potential Phishing Tactics Used in Ransomware
Malware was installed on a town of Egremont computer on July 8, 2009. Three weeks later, the software was used to transfer an unspecified amount of money out of a town of Egremeont account at Salisbury Bank & Trust, according to the complaint.
Other targets ranged from Franciscan nuns in Chicago to an Ohio dairy company.
"Maksim Yakubets allegedly has engaged in a decade-long cybercrime spree that deployed two of the most damaging pieces of financial malware ever used and resulted in tens of millions of dollars of losses to victims worldwide," said Assistant Attorney General Benczkowski in a statement. "These two cases demonstrate our commitment to unmasking the perpetrators behind the world's most egregious cyberattacks. The assistance of our international partners, in particular the National Crime Agency of the United Kingdom, was crucial to our efforts to identify Yakubets and his co-conspirators."
Yakubets, who is linked to Russia's Federal Security Service, was the leader of the hacking operation and Turashev was his assistant, according to prosecutors. The two men were indicted in Pittsburgh but their whereabouts are unknown.
The State Department and the FBI are offering a $5 million reward for information that leads to Yakubets' arrest and conviction.
©2019 MassLive.com, Springfield, Mass. Distributed by Tribune Content Agency, LLC.
Massachusetts Nonprofit Shelter Targeted by Ransomware
Ransomware Hampers Operations for Public Hospital System
Five Potential Phishing Tactics Used in Ransomware
MORE FROM Justice and Public Safety


Bridget and Julia cook two hearty and delicious (but very different) stews.
"That's two stews for yous," declares Bridget Lancaster in the introduction of episode 2 of America's Test Kitchen TV's 2017 season, after Julia Collin Davison announces the show's featured recipes: the Portuguese classic Alcatra and a Peruvian-inspired Quinoa and Vegetable Stew. Later in the episode, Jack Bishop explains the many woes of store bought pesto, and our gadget expert Lisa McManus reviews her all-time least favorite gear.
America's Test Kitchen TV "Two Modern Stews"
In this episode, hosts Bridget Lancaster and Julia Collin Davison make two hearty, delicious (and decidedly different) stews. Jack Bishop discusses the woes of store-bought pesto, and our gadget expert Lisa McManus tells all about her least favorite kitchen gear.
1. Alcatra Means "Rump" in Portuguese: While beef rump (or round) is traditionally used in alcatra recipes, we found that long-cut, boneless shanks actually worked best because they allowed us to make a stew with larger chunks of beef, which made for a more tender, juicier stew.
2. The Reason You Cry When You Cut Onions: When you rupture the cells inside an onion, an enzyme called alliinase is released. The alliinase reacts with a compound to form propanethial-s-oxide, also known as PSO (this is what makes your eyes tear up when you slice onions). When you cook the onions for a long time, the PSO slowly converts to a meaty-tasting compound that is water soluble. This adds even more meaty depth to our stew.
3. The Many Problems with Store-Bought Pesto: Some brands leave too many key ingredients out of their pesto (What is pesto without garlic?!); some brands add too many unnecessary ingredients (including citric acid and lactic acid); and some brands replace key ingredients, like pine nuts, with non-traditional ingredients, like cashews. Despite this pesto minefield, we still found one that was head and shoulders above the rest.
4. Be Sure to Rinse Quinoa Before You Cook It: You'll be able to find pre-washed quinoa at most grocery stores, but if you can't, you're going to want to rinse your quinoa under the tap. Quinoa is coated with a chemical compound called saponin—if you don't rinse it away, you'll have a bitter bite on your hands.
5. Quick Queso Fresco Substitution: Can't find queso fresco at the grocery store? Not to worry—you can swap in some feta in its place.