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SEC Whistleblower Compensation Rule
by John J. Tollefsen | Apr 30, 2012 | Blog, Whistleblowing US | 0 comments
Proposed SEC Whistleblower Compensation Rule
The Commission proposes the new rules and forms contained in this document under the authority set forth in Sections 3(b), 21F and 23(a) of the Exchange Act.
17 CFR Part§ 240 and 249
TEXT OF THE PROPOSED RULES
In accordance with the foregoing, Title 17, Chapter II of the Code of Federal Regulations is proposed to be amended as follows.
Part 240 – General Rules and Regulations, Securities Exchange Act of 1934
1. The authority citation for part 240 is amended by adding the following citation in numerical order to read as follows:
Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78-i, 78j, 78j,-1, 78k, 78k-1, 78 /, 78m, 78n, 78 o, 78 o-4, 78p, 78q, 78s, 78u-5, 78w, 78x, 78 ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, and 7201 et seq.; 18 U.S.C. 1350; and 12 U.S.C. 5221(e)(3), unless otherwise noted.
Section 240.21F is also issued under Pub. L. No. 111-203, s922(a), 124 Stat. 1841 (2010).
2. By adding § 240.21F-1 through § 240.21F-16 to read as follows:
§ 240.21F-1 General.
Section 21F of the Securities Exchange Act of 1934 ("Exchange Act") (15 U.S.C. 78u-6), entitled "Securities Whistleblower Incentives and Protection," requires the Securities and Exchange Commission ("Commission") to pay awards, subject to certain limitations and conditions, to whistleblowers who provide the Commission with original information about violations of the federal securities laws. These rules describe the whistleblower program that the Commission has established to implement the provisions of Section 21F, and explain the procedures you will need to follow in order to be eligible for an award. You should read these procedures carefully because the failure to take certain required steps within the time frames described in these rules may disqualify you from receiving an award for which you otherwise may be eligible. Unless expressly provided for in these rules, no person is authorized to make any offer or promise, or otherwise to bind the Commission with respect to the payment of any award or the amount thereof. The Securities and Exchange Commission's Whistleblower Office administers our whistleblower program. Questions about the program or these rules should be directed to the SEC Whistleblower Office, 100 F Street, N.E., Washington, DC, 20549.
§ 240.21F-2 Definition of a Whistleblower.
(a) You are a whistleblower if, alone or jointly with others, you provide the Commission with information relating to a potential violation of the securities laws. A whistleblower must be an individual. A company or another entity is not eligible to be a whistleblower.
(b) The retaliation protections afforded to whistleblowers by the provisions of paragraph (h)(1) of Section 21F of the Exchange Act (15 U.S.C. 78u-6(h)(1)) apply irrespective of whether a whistleblower satisfies the procedures and conditions to qualify for an award. Moreover, for purposes of the anti-retaliation provision of paragraph (h)(1)(A)(i) of Section 21F, 15 U.S.C. 78u-6(h)(1)(A)(i), the requirement that a whistleblower provide "information to the Commission in accordance" with Section 21F (15 U.S.C. 78u-6) is satisfied if an individual provides information to the Commission that relates to a potential violation of the securities laws.
(c) To be eligible for an award, however, a whistleblower must submit original information to the Commission in accordance with the procedures and conditions described in § 240.21F-4, -8, and -9 of this chapter. § 240.21F-3 Payment of awards. (a) Subject to the eligibility requirements described in § 240.21F-2 and § 240.21F-8 of this chapter, and to § 240.21F-14 of this chapter, the Commission will pay an award or awards to one or more whistleblowers who:
(1) Voluntarily provide the Commission
(2) With original information
(3) That leads to the successful enforcement by the Commission of a federal court or administrative action
(4) In which the Commission obtains monetary sanctions totaling more than $1,000,000.
The terms voluntarily, original information, leads to successful enforcement, action, and monetary sanctions are defined in § 240.21F-4 of this chapter.
(b) The Commission will also pay an award based on amounts collected in certain "related actions." A related action is a judicial or administrative action that is brought by:
(1) The Attorney General of the United States;
(2) An appropriate regulatory agency;
(3) A self-regulatory organization; or
(4) A state attorney general in a criminal case
and is based on the same original information that the whistleblower voluntarily provided to the Commission, and that led the Commission to obtain monetary sanctions totaling more than $1,000,000. The terms appropriate regulatory agency and self-regulatory organization are defined in § 240.21F-4 of this Chapter.
(c) In order for the Commission to make an award in connection with a related action, the Commission must determine that the same original information that the whistleblower gave to the Commission also led to the successful enforcement of the related action under the same criteria described in these rules for awards made in connection with Commission actions. The Commission may seek assistance and confirmation from the authority bringing the related action in making this determination. If the Commission determines that the criteria for an award are not satisfied, or if the Commission is unable to obtain sufficient and reliable information about the related action to make a conclusive determination, the Commission will deny an award in connection with the related action. Additional procedures apply to the payment of awards in related actions. These are described in § 240.21F-11 and § 240.21F-13.
(d) The Commission will not make an award to you for a related action if you have already been granted an award by the Commodity Futures Trading Commission ("CFTC") for that same action pursuant to its whistleblower award program under section 23 of the Commodity Exchange Act, 7 U.S.C. 26. Similarly, if the CFTC has previously denied an award to you in a related action, you will be collaterally estopped from relitigating any issues before the Commission that were necessary to the CFTC's denial.
§ 240.21F-4 Other Definitions.
(a) Voluntary submission of information.
(1) Your submission of information is made voluntarily within the meaning of § 240.21F of this chapter if you provide the Commission with the information before you or anyone representing you (such as an attorney) receives any request, inquiry, or demand from the Commission, the Congress, any other federal, state, or local authority, any self-regulatory organization, or the Public Company Accounting Oversight Board about a matter to which the information in your submission is relevant. If the Commission or any of these other authorities make a request, inquiry, or demand to you or your representative first, your submission will not be considered voluntary, and you will not be eligible for an award, even if your response is not compelled by subpoena or other applicable law.
(2) For purposes of this paragraph, you will be considered to have received a request, inquiry or demand if documents or information from you are within the scope of a request, inquiry, or demand that your employer receives unless, after receiving the documents or information from you, your employer fails to provide your documents or information to the requesting authority in a timely manner.
(3) In addition, your submission will not be considered voluntary if you are under a pre-existing legal or contractual duty to report the securities violations that are the subject of your original information to the Commission or to any of the other authorities described in paragraph (1) of this section.
(b) Original information
(1) In order for your whistleblower submission to be considered original information, it must be:
(i) Derived from your independent knowledge or independent analysis;) Derived from your independent knowledge or independent analysis;
(ii) Not already known to the Commission from any other source, unless you are the original source of the information;
(iii) Not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, audit, or investigation, or from the news media, unless you are a source of the information; and
(iv) Provided to the Commission for the first time after July 21, 2010 (the date of enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act).
(2) Independent knowledge means factual information in your possession that is not derived from publicly available sources. You may gain independent knowledge from your experiences, communications and observations in your business or social interactions.
(3) Independent analysis means your own analysis, whether done alone or in combination with others. Analysis means your examination and evaluation of information that may be generally available, but which reveals information that is not generally known or available to the public.
(4) The Commission will not consider information to be derived from your independent knowledge or independent analysis if you obtained the knowledge or the information upon which your analysis is based:
(i) Through a communication that was subject to the attorney-client privilege,) Through a communication that was subject to the attorney-client privilege, unless disclosure of that information is otherwise permitted by s 205.3(d)(2) of this chapter, the applicable state attorney conduct rules, or otherwise;
(ii) As a result of the legal representation of a client on whose behalf your services, or the services of your employer or firm, have been retained, and you seek to use the information to make a whistleblower submission for your own benefit, unless disclosure is authorized by s 205.3(d)(2) of this chapter, the applicable state attorney conduct rules, or otherwise;
(iii) Through the performance of an engagement required under the securities laws by an independent public accountant, if that information relates to a violation by the engagement client or the client's directors, officers or other employees;
(iv) Because you were a person with legal, compliance, audit, supervisory, or governance responsibilities for an entity, and the information was communicated to you with the reasonable expectation that you would take steps to cause the entity to respond appropriately to the violation, unless the entity did not disclose the information to the Commission within a reasonable time or proceeded in bad faith; or
(v) Otherwise from or through an entity's legal, compliance, audit or other similar functions or processes for identifying, reporting and addressing potential non-compliance with law, unless the entity did not disclose the information to the Commission within a reasonable time or proceeded in bad faith;
(vi) By a means or in a manner that violates applicable federal or state criminal law; or
(vii) From any of the individuals described in paragraphs (b)(4)() – (vi) of) – (vi) of this section.
(5) The Commission will consider you to be an original source of the same information that we obtain from another source if the information satisfies the definition of original information and the other source obtained the information from you or your representative. In order to be considered an original source of information that the Commission receives from Congress, any other federal, state, or local authority, any self-regulatory organization, or the Public Company Accounting Oversight Board, you must have voluntarily given such authorities the information within the meaning of these rules. You must establish your status as the original source of information to the Commission's satisfaction. In determining whether you are the original source of information, the Commission may seek assistance and confirmation, from one of the other authorities described above, or from another entity (including your employer), in the event that you claim to be the original source of information that an authority or another entity provided to the Commission.
(6) If the Commission already knows some information about a matter from other sources at the time you make your submission, and you are not an original source of that information under paragraph (b)(5) of this section, the Commission will consider you an original source of any information you provide that is derived from your independent knowledge or analysis and that materially adds to the information that the Commission already possesses.
(7) If you provide information to Congress, any other federal, state, or local authority, any self-regulatory organization, the Public Company Accounting Oversight Board, or to any of the persons described in paragraphs (b)(4)(iv) and (v) of this section, and you, within 90 days, submit the same information to the Commission pursuant to § 240.21F-9 of this chapter, as you must do in order for you to be eligible to be considered for an award, then, for purposes of evaluating your claim to an award under §§ 240.21F-10 and 240.21F-11 of this chapter, the 240.21F-10 and 240.21F-11 of this chapter, the Commission will consider that you provided information as of the date of your original disclosure, report or submission to one of these other authorities or persons. You must establish the effective date of any prior disclosure, report, or submission, to the Commission's satisfaction. The Commission may seek assistance and confirmation from the other authority or person in making this determination.
(c) Information that leads to successful enforcement
The Commission will consider that you provided original information that led to the successful enforcement of a judicial or administrative action in the following circumstances:
(1) If you gave the Commission original information that caused the staff to commence an examination, open an investigation, reopen an investigation that the Commission had closed, or to inquire concerning new or different conduct as part of a current examination or investigation, and your information significantly contributed to the success of the action; or
(2) If you gave the Commission original information about conduct that was already under examination or investigation by the Commission, Congress, any other federal, state, or local authority, any self-regulatory organization, or the Public Company Accounting Oversight Board (except in cases where you were an original source of this information as defined in paragraph (b)(4) of this section), and your information would not otherwise have been obtained and was essential to the success of the action.
(d) Action means a single captioned judicial or administrative proceeding.
(e) Monetary sanctions means any money, including penalties, disgorgement, and interest, ordered to be paid and any money deposited into a disgorgement fund or other fund pursuant to Section 308(b) of the Sarbanes-Oxley Act of 2002, 15 U.S.C.. 7246(b), as a result of a Commission action or a related action.7246(b), as a result of a Commission action or a related action.
(f) Appropriate regulatory agency means the Commission, the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of Thrift Supervision, and any other agencies that may be defined as appropriate regulatory agencies under Section 3(a)(34) of the Exchange Act (15 U.S.C..§ 78c(a)(34)). § 78c(a)(34)).
(g) Self-regulatory organization means any national securities exchange, registered securities association, registered clearing agency, the Municipal Securities Rulemaking Board, and any other organizations that may be defined as self-regulatory organizations under Section 3(a)(26) of the Exchange Act (15 U.S.C..§ 78c(a)(26)).s 78c(a)(26)).
§ 240.21F-5 Amount of award.
(a) If all of the conditions are met for a whistleblower award in connection with a Commission action or a related action, the Commission will then decide the amount of the award pursuant to the procedures set forth in §§ 240.21F-10 and 240.21F-10 and 240.21F-11 of this chapter. The amount will be at least 10 percent and no more than 30 percent of the monetary sanctions that the Commission and the other authorities are able to collect. The percentage awarded in connection with a Commission action may differ from the percentage awarded in connection with a related action.
(b) If the Commission makes awards to more than one whistleblower in connection with the same action or related action, the Commission will determine an individual percentage award for each whistleblower, but in no event will the total amount awarded to all whistleblowers as a group be less than 10 percent or greater than 30 percent of the amount the Commission or the other authorities collect.
§ 240.21F-6 Criteria for determining amount of award.
In determining the amount of an award, the Commission will take into consideration:
(a) The significance of the information provided by a whistleblower to the success of the Commission action or related action;
(b) The degree of assistance provided by the whistleblower and any legal representative of the whistleblower in the Commission action or related action;
(c) The programmatic interest of the Commission in deterring violations of the securities laws by making awards to whistleblowers who provide information that leads to the successful enforcement of such laws; and
(d) Whether the award otherwise enhances the Commission's ability to enforce the federal securities laws, protect investors, and encourage the submission of high quality information from whistleblowers.
§ 240.21F-7 Confidentiality of submissions.
(a) The law requires that the Commission not disclose information that could reasonably be expected to reveal the identity of a whistleblower, except that the Commission may disclose such information in the following circumstances:
(1) When disclosure is required to a defendant or respondent in connection with a federal court or administrative action that the Commission files or in another public action or proceeding that is filed by an authority to which we provide the information, as described below;
(2) When the Commission determines that it is necessary to accomplish the purposes of the Exchange Act and to protect investors, it may provide your information to the Department of Justice, an appropriate regulatory agency, a self regulatory organization, a state attorney general in connection with a criminal investigation, any appropriate state regulatory authority, the Public Company Accounting Oversight Board, or foreign securities and law enforcement authorities. Each of these entities other than foreign securities and law enforcement authorities is subject to the confidentiality requirements set forth in Section 21F(h) of the Exchange Act, 15 U.S.C..78u-6(h). The Commission may determine what assurances of confidentiality it deems appropriate in providing such information to foreign securities and law enforcement authorities.
(3) The Commission may make disclosures in accordance with the Privacy Act of 1974 (5 U.S.C.. § 552a).
(b) You may submit information to the Commission anonymously. If you do so, however, you must also do the following:
(1) You must have an attorney represent you in connection with both your submission of information and your claim for an award, and your attorney's name and contact information must be provided to the Commission at the time you submit your information;
(2) You and your attorney must follow the procedures set forth in § 240.21F-9 of this chapter for submitting original information anonymously; and
(3) Before the Commission will pay any award to you, you must disclose your identity and your identity must be verified as set forth in § 240.21F-10 of this chapter.
§ 240.21F-8 Eligibility.
(a) To be eligible for a whistleblower award, you must give the Commission information in the form and manner that the Commission requires. The procedures for submitting information and making a claim for an award are described in § 240.21F-9 to § 240.21F-11 of this chapter. You should read these procedures carefully because you need to follow them in order to be eligible for an award, except that the Commission may, in its sole discretion, waive any of these procedures based upon a showing of extraordinary circumstances.
(b) In addition to any forms required by these rules, the Commission may also require that you provide certain additional information. If requested by Commission staff, you may be required to:
(1) Provide explanations and other assistance in order that the staff may evaluate and use the information that you submitted;
(2) Provide all additional information in your possession that is related to the subject matter of your submission in a complete and truthful manner, through follow-up meetings, or in other forms that our staff may agree to;
(3) Provide testimony or other evidence acceptable to the staff relating to whether you are eligible, or otherwise satisfy any of the conditions, for an award; and
(4) Enter into a confidentiality agreement in a form acceptable to the Whistleblower Office, including a provision that a violation may lead to your ineligibility to receive an award.
(c) You are not eligible to be considered for an award if you do not satisfy the requirements of paragraphs (a) and (b) of this section. In addition, you are not eligible if:
(1) You are, or were at the time you acquired original information, a member, officer, or employee of the Department of Justice, an appropriate regulatory agency, a self-regulatory organization, the Public Company Accounting Oversight Board, or any law enforcement organization;
(2) You are, or were at the time you acquired original information, a member, officer, or employee of a foreign government, any political subdivision, department, agency, or instrumentality of a foreign government, or any other foreign financial regulatory authority as that term is defined in Section 3(a)(52) of the Exchange Act (15 U.S.C. 78c(a)(52));
(3) You are convicted of a criminal violation that is related to the Commission action or to a related action (as defined in § 240.21F-4 of this chapter) for which you otherwise could receive an award;
(4) You obtained the information that you gave the Commission through an audit of a company's financial statements, and making a whistleblower submission would be contrary to the requirements of Section 10A of the Exchange Act (15 U.S,C. § 78j-1 )); or
(5) You acquired the information you gave the Commission from any of the individuals described in paragraphs (c)(1), (2), (3) or (4) of this section;
(6) You are the spouse, parent, child, or sibling of a member or employee of the Commission, or you reside in the same household as a member or employee of the Commission; or
(7) In your whistleblower submission, your other dealings with the Commission, or your dealings with another authority in connection with a related action, you knowingly and willfully make any false, fictitious, or fraudulent statement or representation, or use any false writing or document, knowing that it contains any false, fictitious, or fraudulent statement or entry.
§ 240.21F-9 Procedures for submitting original information.
The submission of original information to the Commission is a two-step process:
(a) First, you will need to submit your information to us. You may submit your information:
(1) online, through the Commission's Electronic Data Collection System, or; (2) By completing Form TCR (Tip, Complaint or Referral) (referenced in § 249.1800 of this chapter) and mailing or faxing the form to the SEC Whistleblower Office, 100 F Street NE, Washington, DC 20549-XXXX, Fax (202) XXX-XXXX.
(b) Second, in addition to submitting your information pursuant to paragraph (a) of this section, you will also need to complete and provide to the Commission a Form WB-DEC, Declaration Concerning Original Information Provided Pursuant to §21F of the Securities Exchange Act of 1934, signed under penalty of perjury. Your Form WB-DEC must be submitted as follows:
(1) If you submit your information online, your FORM WB-DEC (referenced in § 249.1801 of this chapter) must be submitted either:
(a) Electronically (in accordance with the instructions set forth on the Commission's website); or
(b) By mailing or faxing the signed form to the SEC Whistleblower Office. Your Form WB-DEC (referenced in § 249.1801 of this chapter) must be received within thirty (30) days of the Commission's receipt of your information in the Electronic Data Collection System.
(2) If you submit a Form TCR (referenced in § 249.1800 of this chapter), your Form WB-DEC (referenced in § 249.1801 of this chapter) must be submitted by mail or fax at the same time as the Form TCR.
(c) Notwithstanding paragraph (b) of this section, if you submitted your original information to the Commission anonymously, then you must provide your attorney with the completed and signed Form WB-DEC (referenced in § 249.1801 of this chapter). In addition, your attorney must also provide the Commission with a separate Form WB-DEC certifying that he or she has verified your identity, has reviewed the form for completeness and accuracy, and will retain the signed original of your Form WB-DEC in his or her records. Such certification must be submitted in the manner described in paragraph (b) of this section.
(d) If you submitted original information in writing to the Commission after July 21, 2010 (the date of enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act) but before the effective date of these rules, you will be eligible for an award only if:
(1) In the event that you provided the original information to the Commission in a format or manner other than that described in paragraph (a) of this section, you either submit your information online through the Commission's Electronic Data Collection System or complete Form TCR (referenced in § 249.1800 of this chapter) within one hundred twenty (120) days of the effective date of these rules and otherwise follow the procedures set forth in paragraph (b) of this section; or
(2) In the event that you provided the original information to the Commission in the format or manner described in paragraph (a) of this section you submit a Form WB-DEC (referenced in § 249.1801 of this chapter) within one hundred twenty (120) days of the effective date of this section in the manner set forth in paragraph (b) of this section.
§ 240.21F-10 Procedures for making a claim for a whistleblower award in SEC actions that result in monetary sanctions in excess of $1,000,000.
(a) Whenever a Commission action results in monetary sanctions totaling more than $1,000,000, the Whistleblower Office will cause to be published on the Commission's website a "Notice of Covered Action." Such Notice will be published subsequent to the entry of a final judgment or order that alone, or collectively with other judgments or orders previously entered in the Commission action, exceeds $1,000,000; or, in the absence of such judgment or order, within thirty (30) days of the deposit of monetary sanctions exceeding $1,000,000 into a disgorgement or other fund pursuant to Section 308(b) of the Sarbanes-Oxley Act of 2002. A claimant will have sixty (60) days from the date of the Notice of Covered Action to file a claim for an award based on that action, or the claim will be barred.
(b) To file a claim for a whistleblower award, you must file Form WB-APP, Application for Award for Original Information Provided Pursuant to §21F of the Securities Exchange Act of 1934 (referenced in § 249.1802 of this chapter). You must sign this form as the claimant and submit it to the Whistleblower Office by mail or fax. All claim forms, including any attachments, must be received by the Whistleblower Office within sixty (60) calendar days of the date of the Notice of Covered Action in order to be considered for an award.
(c) If you provided your original information to the Commission anonymously, you must disclose your identity on the Form WB-APP (referenced in § 249.1802 of this chapter), and your identity must be verified in a form and manner that is acceptable to the Whistleblower Office prior to the payment of any award.
(d) Once the time for filing any appeals of the Commission's judicial or administrative action has expired, or where an appeal has been filed, after all appeals in the action have been concluded, the Whistleblower Office and designated staff ("Claims Review Staff") will evaluate all timely whistleblower award claims submitted on Form WB-APP (referenced in § 249.1802 of this chapter) in accordance with the criteria set forth in these rules. In connection with this process, the Whistleblower Office may require that you provide additional information relating to your eligibility for an award or satisfaction of any of the conditions for an award, as set forth in § 240.21F-(8)(b) of this chapter. Following that evaluation, the Whistleblower Office will send you a Preliminary Determination setting forth a preliminary assessment as to whether the claim should be allowed or denied and, if allowed, setting forth the proposed award percentage amount.
(e) You may contest the Preliminary Determination made by the Claims Review Staff by submitting a written response to the Whistleblower Office setting forth the grounds for your objection to either the denial of an award or the proposed amount of an award. You may also include documentation or other evidentiary support for the grounds advanced in your response.
(1) Before determining whether to contest a Preliminary Determination, you may:
(i) Within thirty (30) days of the date of the Preliminary Determination, request that the Whistleblower Office make available for your review the materials that formed the basis of the Claims Review Staff's Preliminary Determination. The Whistleblower Office will make these materials available to you subject to any redactions necessary to comply with any statutory restrictions or protect the Commission's law enforcement and regulatory functions. The Whistleblower Office may also require you to sign a confidentiality agreement, as set forth in § 240.21F-(8)(b) of this chapter, prior to providing these materials.
(ii) Within thirty (30) calendar days of the date of the Preliminary Determination, request a meeting with the Whistleblower Office; however, such meetings are not required and the office may in its sole discretion decline the request.
(2) If you decide to contest the Preliminary Determination, you must submit your written response and supporting materials within thirty (30) calendar days of the date of the Preliminary Determination, or if a request to review materials is made pursuant to paragraph (e)(1) of this section, then within thirty (30) calendar days of the Whistleblower Office making those materials available for your review.
(f) If you fail to submit a timely response pursuant to paragraph (e) of this section, then the Preliminary Determination will become the Final Order of the Commission (except where the Preliminary Determination recommended an award, in which case the Preliminary Determination will be deemed a Proposed Final Determination for purposes of paragraph (h) of this section). Your failure to submit a timely response contesting a Preliminary Determination will constitute a failure to exhaust administrative remedies, and you will be prohibited from pursuing an appeal pursuant to § 240.21F-12 of this chapter.
(g) If you submit a timely response pursuant to paragraph (e) of this section, then the Claims Review Staff will consider the issues and grounds advanced in your response, along with any supporting documentation you provided, and will make its Proposed Final Determination.
(h) The Whistleblower Office will then notify the Commission of each Proposed Final Determination. Within thirty 30 days thereafter, any Commissioner may request that the Proposed Final Determination be reviewed by the Commission. If no Commissioner requests such a review within the 30-day period, then the Proposed Final Determination will become the Final Order of the Commission. In the event a Commissioner requests a review, the Commission will review the record that the staff relied upon in making its determinations, including your previous submissions to the Whistleblower Office, and issue its Final Order.
(i) The Office of the Secretary of the SEC will provide you with the Final Order of the Commission.
§ 240.21F-11 Procedures for determining awards based upon a related action.
(a) If you are eligible to receive an award following a Commission action that results in monetary sanctions totaling more than $1,000,000, you also may be eligible to receive an award based on the monetary sanctions that are collected from a related action (as defined in § 240.21F-3 of this chapter).
(b) You must also use Form WB-APP (referenced in § 249.1802 of this chapter) to submit a claim for an award in a related action. You must sign this form as the claimant and submit it to the Whistleblower Office by mail or fax as follows:
(1) If a final order imposing monetary sanctions has been entered in a related action at the time you submit your claim for an award in connection with a Commission action, you must submit your claim for an award in that related action on the same Form WB-APP (referenced in § 249.1802 of this chapter) that you use for the Commission action.
(2) If a final order imposing monetary sanctions in a related action has not been entered at the time you submit your claim for an award in connection with a Commission action, you must submit your claim on Form WB-APP (referenced in § 249.1802 of this chapter) within sixty (60) days of the issuance of a final order imposing sanctions in the related action.
(c) The Whistleblower Office may request additional information from you in connection with your claim for an award in a related action to demonstrate that you directly (or through the Commission) voluntarily provided the governmental agency, regulatory authority or self-regulatory organization the same original information that led to the Commission's successful covered action, and that this information led to the successful enforcement of the related action. The Whistleblower Office may, in its discretion, seek assistance and confirmation from the other agency in making this determination.
(d) Once the time for filing any appeals of the final judgment or order in a related action has expired, or if an appeal has been filed, after all appeals in the action have been concluded, the Claims Review Staff will evaluate all timely whistleblower award claims submitted on Form WB-APP (referenced in § 249.1802 of this chapter) in connection with the related action. The evaluation will be undertaken pursuant to the criteria set forth in these rules. In connection with this process, the Whistleblower Office may require that you provide additional information relating to your eligibility for an award or satisfaction of any of the conditions for an award, as set forth in § 240.21F-(8)(b) of this chapter. Following this evaluation, the Whistleblower Office will send you a Preliminary Determination setting forth a preliminary assessment as to whether the claim should be allowed or denied and, if allowed, setting forth the proposed award percentage amount.
(ii) Within thirty (30) days of the date of the Preliminary Determination, request a meeting with the Whistleblower Office; however, such meetings are not required and the office may in its sole discretion decline the request.
(2) If you decide to contest the Preliminary Determination, you must submit your written response and supporting materials within thirty (30) calendar days of the date of the Preliminary Determination, or if a request to review materials is made pursuant to paragraph (e)(1)(i) of this section, then within thirty (30) calendar days of the Whistleblower Office making those materials available for your review.
(g) If you submit a timely response pursuant to paragraph (e) of this section, then the Claims Review Staff will consider the issues and grounds that you advanced in your response, along with any supporting documentation you provided, and will make its Proposed Final Determination.
(h) The Whistleblower Office will notify the Commission of each Proposed Final Determination. Within thirty 30 days thereafter, any Commissioner may request that the Proposed Final Determination be reviewed by the Commission. If no Commissioner requests such a review within the 30-day period, then the Proposed Final Determination will become the Final Order of the Commission. In the event a Commissioner requests a review, the Commission will review the record that the staff relied upon in making its determinations, including your previous submissions to the Whistleblower Office, and issue its Final Order.
§ 240.21F-12 Appeals.
(a) Section 21F of the Exchange Act, 15 U.S.C. 78u-6, commits determinations of whether, to whom, and in what amount to make awards to the Commission's discretion. A determination of whether or to whom to make an award may be appealed within 30 days after the Commission issues its final decision to the United States Court of Appeals for the District of Columbia Circuit, or to the circuit where the aggrieved person resides or has his principal place of business. Where the Commission followed the statutory mandate that it award not less than 10 percent and not more than 30 percent of the monetary sanctions collected in the Commission or related action, the Commission's determination regarding the amount of an award (including the allocation of an award as between multiple whistleblower) is not appealable.
(b) The record on appeal shall consist of the Whistleblower Office's Preliminary Determination, any materials submitted by the claimant or claimants (including the claimant's Form TCR (referenced in § 249.1800 of this chapter) or any electronic submission made by the whistleblower, the Forms WB-DEC (referenced in § 249.1801 of this chapter) and WB-APP (referenced in § 249.1802 of this chapter), and materials filed in response to the Preliminary Determination), and any other materials that supported the Final Order of the Commission, with the exception of internal deliberative process materials that are prepared exclusively to assist the Commission in deciding the claim (including the staff's Draft Final Determination in the event that the Commissioners reviewed the claim and issued the Final Order).
§ 240.21F-13 Procedures applicable to the payment of awards.
(a) Any award made pursuant to these rules will be paid from the Securities and Exchange Commission Investor Protection Fund (the "Fund").
(b) A recipient of a whistleblower award is entitled to payment on the award only to the extent that a monetary sanction is collected in the Commission action or in a related action upon which the award is based.
(c) Payment of a whistleblower award for a monetary sanction collected in a Commission action or related action shall be made following the later of:
(1) The date on which the monetary sanction is collected; or
(2) The completion of the appeals process for all whistleblower award claims arising from:
(i) The Notice of Covered Action, in the case of any payment of an award for a monetary sanction collected in a Commission action; or
(ii) The related action, in the case of any payment of an award for a monetary sanction collected in a related action.
(d) If there are insufficient amounts available in the Fund to pay the entire amount of an award payment within a reasonable period of time from the time for payment specified by paragraph (c) of this section, then subject to the following terms, the balance of the payment shall be paid when amounts become available in the Fund, as follows:
(1) Where multiple whistleblowers are owed payments from the Fund based on awards that do not arise from the same Notice of Covered Action (or related action), priority in making these payments will be determined based upon the date that the collections for which the whistleblowers are owed payments occurred. If two or more of these collections occur on the same date, those whistleblowers owed payments based on these collections will be paid on a pro rata basis until sufficient amounts become available in the Fund to pay their entire payments.
(2) Where multiple whistleblowers are owed payments from the Fund based on awards that arise from the same Notice of Covered Action (or related action), they will share the same payment priority and will be paid on a pro rata basis until sufficient amounts become available in the Fund to pay their entire payments.
§ 240.21F-14 No Amnesty.
The Securities Whistleblower Incentives and Protection provisions do not provide amnesty to individuals who provide information to the Commission. The fact that you may become a whistleblower and assist in Commission investigations and enforcement actions does not preclude the Commission from bringing an action against you based upon your own conduct in connection with violations of the federal securities laws. If such an action is determined to be appropriate, however, the Commission will take your cooperation into consideration in accordance with its Policy Statement Concerning Cooperation by Individuals in [SEC] Investigations and Related Enforcement Actions (17 CFR s 202.12).
§ 240.21F-15 Awards to Whistleblowers Who Engage in Culpable Conduct.
In determining whether the required $1,000,000 threshold has been satisfied (this threshold is further explained in § 240.21F-10 of this chapter) for purposes of making any award, the Commission will not take into account any monetary sanctions that the whistleblower is ordered to pay, or that are ordered against any entity whose liability is based substantially on conduct that the whistleblower directed, planned, or initiated. Similarly, if the Commission determines that a whistleblower is eligible for an award, any amounts that the whistleblower or such an entity pay in sanctions as a result of the action or related actions will not be included within the calculation of the amounts collected for purposes of making payments.
§ 240.21F-16 Staff Communications with Whistleblowers.
(a) No person may take any action to impede a whistleblower from communicating directly with the Commission staff about a potential securities law violation, including enforcing, or threatening to enforce, a confidentiality agreement (other than agreements dealing with information covered by § 240.21F-4(b)(4)(i) & (ii) of this chapter related to the legal representation of a client) with respect to such communications.
(b) If you are a whistleblower who is a director, officer, member, agent, or employee of an entity that has counsel, and you have initiated communication with the Commission relating to a potential securities law violation, the staff is authorized to communicate directly with you regarding the subject of your communication without seeking the consent of the entity's counsel.
PART 249 – FORMS, SECURITIES EXCHANGE ACT OF 1934
3. The authority citation for Part 249 is amended by adding the following citations in numerical order to read as follows:
Authority: 15 U.S.C. 78a, et seq. and 7201 et seq.; and 18 U.S.C. 1350, unless otherwise noted.
Section 249.1800 is also issued under Pub. L. No. 111.203, §922(a), 124 Stat 1841 (2010).
4. Add Subpart S to read as follows:
Subpart S — Whistleblower Forms
Sec. 249.1800 Form TCR, Tip, Complaint or Referral
Sec. 249.1801 Form WB-DEC, Declaration of Original Information Submitted Pursuant to Section 21F of the Securities Exchange Act of 1934
Sec. 249.1802 Form WB-APP, Application for Award for Original Information Submitted Pursuant to Section 21F of the Securities Exchange Act of 1934.
§ 249.1800 Form TCR, Tip, Complaint or Referral.
This form may be used by anyone wishing to provide the SEC with information concerning a violation of the federal securities laws. The information provided may be disclosed to federal, state, local, or foreign agencies responsible for investigating, prosecuting, enforcing, or implementing the federal securities laws, rules, or regulations consistent with the confidentiality requirements set forth in Section 21F(h)(2) of the Exchange Act, 15 U.S.C. 78u-6(h)(2), and § 240.21F-7 of this chapter.
§ 249.1801 Form WB-DEC, Declaration of Original Information Submitted Pursuant to Section 21F of the Securities Exchange Act of 1934.
This form must be used by persons who provide the SEC with information concerning a violation of the federal securities laws and who wish to be considered for a whistleblower award pursuant to the SEC's whistleblower program. The information provided will enable the Commission to determine your eligibility for payment of an award pursuant to Section 21F of the Securities Exchange Act of 1934, 15 U.S.C. 78u-6. This information may be disclosed to Federal, state, local, or foreign agencies responsible for investigating, prosecuting, enforcing, or implementing the federal securities laws, rules, or regulations consistent with the confidentiality requirements set forth in Section 21F(h)(2) of the Exchange Act, 15 U.S.C. 78u-6(h)(2), and § 240. 21F-7 of this chapter. Furnishing the information is voluntary, but a decision not to do so may result in you not being eligible for award consideration.
§249.1802 Form WB-APP, Application for Award for Original Information Submitted Pursuant to Section 21F of the Securities Exchange Act of 1934.
This form must be used by persons making a claim for a whistleblower award in connection with information provided to the SEC or to another agency in a related action. The information provided will enable the Commission to determine your eligibility for payment of an award pursuant to Section 21F of the Securities Exchange Act of 1934, 15 U.S.C. 78u-6. This information may be disclosed to Federal, state, local, or foreign agencies responsible for investigating, prosecuting, enforcing, or implementing the federal securities laws, rules, or regulations consistent with the confidentiality requirements set forth in Section 21F(h)(2) of the Exchange Act, 15 U.S.C. 78u-6(h)(2) and § 240.21F-7 of this chapter. Furnishing the information is voluntary, but a decision not to do so may result in you not being eligible for award consideration.
Note: The text of these Forms does not, and this amendment will not, appear in the Code of Federal Regulations.
Form TCR Tip Complaint or Referral
Form WB-DEC Declaration of Original Information Submitted
WB-APP Application for Award


text:
James K Boyce
Agricultural Growth in West Bengal, 1949-50 to 1980-81-A Review of the Evidence
 A Review of the Evidence James K Boyce There are strong grounds for believing that West Bengals official crop production data are rela- tively accurdte by national and international standards. Estimates of acreage and yield per acre of individual crops are prepared on the basis of extensive sample surveys and crop cuts, using the scientific sampling methodology pioneered at the Indian Statistical Institute in the 1940s. Compared to those of other states, the official data for West Bengal are relatively close to the independent acreage and yield estimates prepared by the National Sample Survey Organisation from 1957 to 1969.
Read more about Agricultural Growth in West Bengal, 1949-50 to 1980-81-A Review of the Evidence

redpajama_set_name: RedPajamaCommonCrawl


Digital holographic on-chip microscopy achieves large space-bandwidth-products (e.g., >1 billion) by making use of pixel super-resolution techniques. To synthesize a digital holographic color image, one can take three sets of holograms representing the red (R), green (G) and blue (B) parts of the spectrum and digitally combine them to synthesize a color image. The data acquisition efficiency of this sequential illumination process can be improved by 3-fold using wavelength-multiplexed R, G and B illumination that simultaneously illuminates the sample, and using a Bayer color image sensor with known or calibrated transmission spectra to digitally demultiplex these three wavelength channels. This demultiplexing step is conventionally used with interpolation-based Bayer demosaicing methods. However, because the pixels of different color channels on a Bayer image sensor chip are not at the same physical location, conventional interpolation-based demosaicing process generates strong color artifacts, especially at rapidly oscillating hologram fringes, which become even more pronounced through digital wave propagation and phase retrieval processes. Here, we demonstrate that by merging the pixel super-resolution framework into the demultiplexing process, such color artifacts can be greatly suppressed. This novel technique, termed demosaiced pixel super-resolution (D-PSR) for digital holographic imaging, achieves very similar color imaging performance compared to conventional sequential R,G,B illumination, with 3-fold improvement in image acquisition time and data-efficiency. We successfully demonstrated the color imaging performance of this approach by imaging stained Pap smears. The D-PSR technique is broadly applicable to high-throughput, high-resolution digital holographic color microscopy techniques that can be used in resource-limited-settings and point-of-care offices.


The U.S. stock market has been enjoying a resurgence after December's sell-off. Since their Christmas Eve lows, the Dow Jones industrial average has rebounded 13.4%, the S&P 500 index is up 13.6% and the Nasdaq composite has added 15.6% through the close on January 18.
While investors shouldn't worry too much about upside volatility, the market has seen an uptick in strong upward and downward moves over the last quarter or so.
There have been several contributing factors: rising interest rates, a flattening yield curve, worries over a weakening economy both globally and at home and slowing corporate earnings growth.
How would you rate your outlook for the U.S. economy over the next 12 months?
In all, 2,029 votes were cast.
Fifty percent of those participating are optimistic about the U.S. economy over the next 12 months, although nearly all of them are only somewhat optimistic (43% overall and 86% of those "optimistic").
Only 28% of our readers hold some negative outlook for the economy over the next year, although the vast majority of this block (93%) are only somewhat pessimistic.
Slightly more than one-fifth of participants (21%) say they are neither optimistic or pessimistic about the U.S. economy over the next 12 months.
Investors react differently when the market starts roiling. Some head for the sidelines, others stand pat (either they rely on their investment approach or merely bury their head in the sand) and still, others try to time the market highs and lows.
What changes, if any, do you make to your investment portfolio or strategy when there is a spike in market volatility?
In all, 334 readers participated in the weekly special question survey.
The majority of readers—57%—say they do nothing when the market starts gyrating. What we don't know is whether our readers don't act because their investment plans are guiding them or whether they are paralyzed by the rapid movement in the market.
Roughly one-fifth of respondents (21%) say they become more defensive when market volatility begins to rise. This takes on many forms, including lowering the overall equity exposure in their portfolio and increasing their allocation to cash or bonds; investing in more "defensive" stocks, including utilities. REITs and dividend-paying stocks; reducing their exposure to "high-beta" stocks; etc.
Another 11% of readers say they view an increase in market volatility as a buying opportunity, adding to their positions during downturns (aka buying the dip).
NextNext post: "Enhanced" Index Funds: Can They Beat the Market?


Jughead finds himself in an unexpected situation; The truth about Blossoms' family business is revealed, leaving Cheryl to take matters into her own hands.
When an incident at the Sheriff's station triggers an all-out war between the North and the Southside, Archie and Jughead find themselves in the fight of their lives. Meanwhile Veronica makes a devastating discovery about Hiram, just as someone from his past arrives in Riverdale looking for revenge. Finally, Betty comes face to face with the Black Hood.
Archie and Veronica are shocked to learn of the arrest, and must come clean to their parents about what they uncovered; Jason's killer is revealed.
When Alice publishes a fiery piece in the Riverdale Register blasting the Southside, Jughead is forced to take matters into his own hands to try and keep the peace. Betty turns to Archie for help after receiving an ultimatum that could potentially destroy some of her closest relationships. With their SoDale open house fast approaching, Hiram and Hermoine enlist the help of an unlikely ally to get some potential investors on board. Finally, Veronica welcomes her old friend Nick St. Clair to Riverdale, but his plans for a wild night with the gang quickly takes an unexpected turn.
Cheryl and Polly decide to attend the Homecoming in Jason's honor, until a revelation waylays their plans; Alice turns to Archie and Veronica for help.
#10 - Chapter Six: Faster, Pussycats! Kill! Kill!
Valerie's efforts to help Archie leads to a major fallout with Josie; Betty and Jughead's investigation brings them face-to-face with Polly.
New rumors swirl when a major piece of evidence is mysteriously destroyed; Cheryl approaches Betty with an unexpected proposal.
When Jughead learns that FP is getting released from prison, he and Betty organize a welcome home party with the Serpents to ease him back into his former life. Meanwhile, Archie and Veronica reach a crossroad in their relationship, but are forced to push their issues aside after Jughead and Betty ask them to take over the Black Hood investigation.
Fred decides to finalize his divorce; Archie plans to win Valerie back; Betty plans a surprise birthday party for Jughead, until Cheryl spirals things out of control.
As preparations for her confirmation ceremony get underway, Veronica becomes concerned that Archie, who's agreed to be Hiram's "intern," may be learning too much about her family's secret business dealings. Jughead and FP lead the charge after an incident at Pickens Park leads to increased tensions among the Serpents. Meanwhile, Chic helps Betty deal with her inner darkness, while Archie finds himself in over his head after a high-stakes poker game with Hiram's shady inner-circle goes awry.
As Fred's life hangs in the balance following the shooting at Pop's diner, Archie struggles with the emotional aftermath of what he witnessed. Meanwhile, as Veronica steps out of her comfort zone to support Archie, she learns that her father Hiram has arrived to Riverdale earlier than expected. Elsewhere, at Pop's diner, Pop Tate recounts the chilling details of the shooting, which leaves Jughead and Betty questioning the gunman's true motives. Lastly, after running into Cheryl at the hospital, Betty and Kevin are surprised to learn about the fire at Thornhill.
Cheryl comes clean about when she last saw Jason; Betty and Jughead investigate Jason's death; Veronica and Ethel investigate a shame book.
Jughead fights to keep the local drive-in open; Betty and Veronica investigate Ms Grundy, uncovering some startling information about her past.
Riverdale remains on edge after a chilling letter from the Black Hood challenges the town's residents to remain sinless for 48 hours – or he'll strike again. Meanwhile, Jughead and Archie's friendship gets tested after Penny Peabody unexpectedly calls in a favor that Jughead owes her. Elsewhere, Betty and Veronica team up to investigate someone who Betty thinks could be the Black Hood killer. Finally, things take an unexpected turn for Josie when a secret admirer takes things one step too far.
The Blossom family move forward with Jason's funeral, and a secret agenda; Hermonie seeks Fred's help; Betty dives deeper into Jason's death.


"Incline your ear to me; rescue me speedily!" (v2). We never have to hesitate or be ashamed of asking God urgently for help. The psalmist experienced attacks by seen and unseen enemies (v4), despair, loneliness, rejection (v11-12), and fear. Yet he believed that God was close and working for his deliverance (v15). God poured out His steadfast love even before the trouble was resolved, when the psalmist was still inside the "besieged city" (v21).
"Be strong, and let your heart take courage, all you who wait for the LORD!" (v24). We can take courage because God loves us and knows just how to help us.


text:
Shapur III ( ), was the Sasanian King of Kings () of Iran from 383 to 388. He was the son of Shapur II () and succeeded his uncle Ardashir II ().

His reign was largely uneventful; to the west, the dispute over Armenia with the Romans continued, which was eventually settled through diplomacy, with the two empires agreeing to partition the area, with most of it remaining under Sasanian control. To the east, Shapur III lost control of the important mint city Kabul to the Alchon Huns.

He is notable for having a rock relief carved at Taq-e Bostan, depicting a scene of him along with his father. He was the penultimate monarch to have a rock relief carved, the last one being Khosrow II (), who mimicked and magnified Shapur III's work. The king died in 388, after reigning for five years. He was crushed by the collapsing weight of his own tent, after some conspiring nobles had cut its ropes. His son Bahram IV succeeded him.

Etymology
"Shapur" was a popular name in Sasanian Iran, being used by three Sasanian monarchs and other notables of the Sasanian era and its later periods. Derived from Old Iranian *xšayaθiya.puθra ("son of a king"), it must initially have been a title, which became—at least in the late 2nd century AD—a personal name. It appears in the list of Arsacid kings in some Arabic-Persian sources, however, this is anachronistic. Shapur is transliterated in other languages as; Greek Sapur, Sabour and Sapuris; Latin Sapores and Sapor; Arabic Sābur and Šābur; New Persian Šāpur, Šāhpur, Šahfur.

Background and accession
Shapur III was the son of Shapur II (). In 379, Shapur II designated his half-brother Ardashir II as his successor on the condition that he would abdicate when his son reached adulthood. Ardashir II's reign lasted until 383, when he was killed or deposed by the Iranian nobility. The reason behind this was due to his continuation of Shapur II's policy of restricting the authority of power-hungry nobles. Shapur III then succeeded him; according to the narratives included in the history of al-Tabari (died 923), he was well received by his subjects due to the crown being given to an offspring of Shapur II. Shapur III declared to them in his accession speech, that he would not allow deceit, greed or self-righteousness at his court. However, to the nobility this was unacceptable.

Reign

Armenia had been constantly the source of war between the Roman and Sasanian Empires. In 378/9, Shapur II had achieved Iranian hegemony over the country after its regent Manuel Mamikonian submitted to him. A force 10,000 of Iranian soldiers led by general Surena were dispatched to Armenia. Surena was given the title of marzban (margrave), which indicates that Armenia was now a Sasanian province. Under Ardashir II, however, Manuel rebelled and succeeded in maintaining independence against both the Iranians and Romans in the early 380s. However, just before his death in 385/386, he seemingly placed Armenia under Roman protection. With his death, many Armenian nakharars (grandees) revolted against the Arsacid king Arshak III () and appealed to Shapur III for another king. Shapur III responded by crowning Khosrov IV as king, and gave him his sister Zurvandukht in marriage. He then sent an invasion force into Armenia, which occupied most of the country. Arshak III was forced to withdraw to the western region of Acilisene, where he awaited Roman reinforcements.

Instead of declaring war, Iran and Rome agreed to come to terms through diplomacy. An agreement was made to partition Armenia. The boundary stretched through Theodosiopolis in the north and Amida in the south, which meant that most of Armenia remained in Sasanian hands, including the two Arsacid capitals of Artaxata and Dvin. With this treaty, the Romans also fully acknowledged Iranian hegemony over all of Iberia. When this treaty exactly took place is unsure; most scholars believe the treaty was made in 387, whilst a few others state 384 or even in 389 or 390. Both sides were to cooperate in the defense of the Caucasus, with the Romans agreeing to pay the Iranians roughly 500 lbs (226 kg) of gold at irregular intervals. While the Romans saw this payment as political allocations, the Iranians saw it as tribute.

In order to further reduce the political and economic power of Iranian Armenia, Shapur III deprived the country of several of its provinces; Artsakh, Utik, Shakashen, Gardman and Kolt were given to Caucasian Albania (ruled by a collateral line of the Arsacids); Gugark (ruled by the Mihranids) became subject to Iberia; and Arzanene (ruled by a bidaxsh, i.e. margrave), Paytakaran, Korjayk (Corduene) and Parskahayk were incorporated into Iran. Arshak III soon died, which made the Romans abolish their branch of the Arsacid monarchy and create the province of Western Armenia. As a result many of the nakharars who had followed him subsequently rejoined the Iranians. The Arsacid monarchy in Iranian Armenia continued to last for a few decades, until its abolishment by king Bahram V () in 428. Shapur III's religious tolerance towards the Christians is reported by the historians Elishe and John of Ephesus. According to the former, Shapur III granted the Armenians lavish gifts and exempted their Church from royal taxation.

Besides the dispute over Armenia, Shapur III seems to have clashed with the Alchon Huns to the east; coinage indicates that the Alchon Huns seized Kabul from him sometime before 388. They duplicated the same coin mints issued by Shapur III, with the only difference being the newly added Bactrian inscription "αλχοννο" (alxanno), added to display their takeover of Sasanian territory. The loss of the city was a major blow, as it had been a center of coin manufacture since the 360s.

Shapur III died in 388, after reigning for five years. He died when some nobles cut the ropes of a large tent that he had erected in one of his palace courts, so that the tent fell on top of him. He was succeeded by his son Bahram IV. Another of his sons, Yazdegerd I, later succeeded Bahram IV in 399.

Coinage

Under Shapur III and Bahram IV, the administrative program for Sasanian coinage substantially changed. More coins were minted, with administrative areas often producing dies for several types of mints. Shapur III was one of the few Sasanian kings to mint coins of himself not wearing a crown and korymbos, but only a diadem. This demonstrates that the diadem was the most important headgear of the Sasanian king. On his coins, he used the typical title of Mazdēsn bay Šābuhr šāhān šāh Ērān ud Anērān kēčihr az yazdān ("the Mazda-worshiping, divine Shapur, King of Kings of Iran(ians) and non-Iran(ians), whose image/brilliance is from the gods").

Rock relief
Shapur III ordered the creation of a rock relief located at the site of Taq-e Bostan near present-day Kermanshah. Its design was that in the form of an iwan. Two Sasanian kings are portrayed, with inscriptions identifying the king to the left as Shapur III, and the king to the right as Shapur II. While the king to the right is wearing Shapur II's crown, the one to left does properly duplicate the crown of Shapur III. Unlike other Sasanian reliefs, the one created under Shapur III was not sculptured at the surface of a rock face, but at the back of a barrel vaulted area. This style was mimicked and magnified in the 7th-century by the Sasanian monarch Khosrow II ().

Klimova plate
The "Klimova Plate" (part of the Klimova Treasure), is a silver vessel located in the Hermitage Museum, which depicts a king slaying a leopard. His crown is highly identical to that of Shapur III. The crown is topped by the traditional korymbos, a globe-like cloth. The king is wearing a dress identical to that of the plate of Yazdegerd I located in the Metropolitan Museum of Art. A Sogdian inscription from the 7th or 8th-century is inscribed on its reverse. While Harper and Meyers in their book Silver Vessels of the Sasanian Period: Royal Imagery (1981) consider the king to possibly represent Shapur III, the Oxford Dictionary of Late Antiquity (2018) considers it be him.

Onyx seal
One of the wives of Shapur III, named Yazdan-Friy Shapur, has been immortalized by an onyx seal of remarkable quality, where she is shown wearing the horns of a ram. The seal is now in the Cabinet des Médailles, France.

Notes

References

Bibliography

Ancient works
Faustus of Byzantium, History of the Armenians.

Modern works

Further reading

388 deaths
4th-century births
Murdered Persian monarchs
4th-century Sasanian monarchs
Shahnameh characters
4th-century murdered monarchs

redpajama_set_name: RedPajamaWikipedia


Since the bottom of the recession in 2009, we estimate that market rents have grown at a 5% growth rate. However, if you measure from the previous peak in 2008, rent growth as of December 2017 is only 2.25%. I assert that the peak to peak measure is a more accurate reflection of long term rent growth. Based on a 38 year internal rent study, Los Angeles apartment rents have grown over 4%. However, that time period includes many high inflation years that distorts the number upwards.


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text:
/ Agile Zone
Bugs and Cracks: Structural Metaphors in Software Engineering
Structural faults are worse than run-time faults. Stop blaming the compile-time and run-time 'villains'.
Edmund Kirwan
Jul. 15, 15 · Agile Zone ·
Compile-time and Run-time Villains
Consider the software system on which you currently work. Would you release that system with 31,197 bugs? Not potential bugs, mind; actual identified bugs.
If you answer yes to this then you can stop reading now. This post is not for you.
Taking a ridiculously simplistic view of software, we can split software development into three large boxes, two of which being user-experience realization and structure.
User-experience realization is the process of making software do what the user wants. This concerns the software's run-time behavior.
Structure, on the other, encompasses the science of composing the system of, and establishing relations between, components: methods, classes, packages, bundles, etc. This box concerns itself entirely with compile-time: it focuses on source code, on text, on textual relations.
Programmers care about both run-time behavior and structure.
Users care only about run-time behavior. They do not care about structure. Number of software systems in the world available in two versions of identical behavior - one poorly-structured, the other well-structured - thereby offering the user choice based on structure alone: 0.
This disparity of interest has produced the modern field of software development in which programmers have a universal term for a run-time fault, "Bug," because users care about such things. No such term exists, however, for a structural fault. This omission has wasted - and continues to waste, every year - untold billions of dollars and (very told) miserable programmer-hours.
Code Smells
"Bug," is perhaps not a great word for a behavior fault, but the word is old and has acquired gravitas. A common misconception holds that the great Grace Hopper first used the word, "Bug," to describe an insect found skittering through the snapping relays of primordial computer hardware back in the 1940s. The word, however, had already enjoyed currency among engineers who used it, long before computers, to denote various engineering problems. Edison, of all people, coined the phrase.
Hopper did, nonetheless, popularize the term among software engineers, and whatever its provenance, every programmer in the world today knows that sickly fear when an emails arrives with subject, "I found a bug in your program. Again! FFS!"
Of course, programmers discuss structural faults also (usually in the programs of others), but couch such discussions in vagueness: "This code looks messy," "That code has too many dependencies," "This other code is difficult to change."
Worse still, many programmers associate Fowler's phrase, "Code smell" with a structural fault. This is regrettable, not because the code smell concept lacks merit but because a code smell is not the same as a structural fault. Though both beasts exist at compile-time, the equating of the two is wrong.
Fowler offers the definition: "A code smell is a surface indication that usually corresponds to a deeper problem in the system."
A structural fault, however, is not a surface indication of a deeper problem: a structural fault is the deeper problem.
Programmers often decide to live with code smells as code smells do not always represent problems to be fixed and only, "Correspond," to problems, and then only, "Usually." A programmer receiving an email with the subject, "I found a code smell in your program," would probably just tool up for a good argument.
Structural faults automatically scream for correction just as much as bugs automatically scream for correction.
Further highlighting the discrepancy between compile-time and run-time arenas, note that, in the run-time arena, there are bugs but no, "Run-time smells," that is, there are no run-time faults that programmers decide to live with. (True, management might force them to live with a fault by refusing to finance a correction, but the programmer will not take this decision in the same way that she might a compile-time code smell.)
So we lack a word to describe a structural fault that should prevent a software release just as a bug would prevent that release. Fortunately, the field of real-world masonry-and-steel structural engineering already has such a word: "Crack."
You do not buy a pot with a cracked lid. You do not buy a phone with a cracked screen. You do not buy a car with a cracked axle.
In all these cases, you could still use the item - you could use that phone and drive that car - but the crack tells you immediately that, structurally, something is wrong.
Of course, even in the real world, cracks exists at different scales. A tunneling electron microscope will reveal even the smoothest surface to be scoured with micro-cracks, leaving the notion of whether a surfaced is cracked somewhat statistical but at least objectively so. And so it is in software.
The recent review of Apache's Lucene characterized its structure using four types of crack.
Firstly, Java systems avail of both packages and interfaces, so most programmers employ the facade pattern to ensure that packages of cohesive functionality remain separated from one another's implementations by exporting interfaces through which clients use their services. This allows packages to be tested in isolation and updated with minimal system impact. Therefore any method dependency chain stretched over more than two packages must access an implementation directly, rather then via a facade. This is a crack.
Secondly, Java systems avail of access modifiers, so any element declared at a scope at which it is unused is a crack. A public class accessed only with a package is crack. A public method only accessed within a class is a crack.
Thirdly, and statistically, is dependency length. The longer the dependencies that run though a system, the more costly that system will be to maintain. Thus, long dependencies are cracks.
Finally, and again statistically, the more dependencies per method that run through a system, the more costly that system will be to maintain. Thus, high dependency-to-method densities are cracks.
Once a software development project has defined the character and threshold of these cracks, further negotiation can be brutally suppressed, just as it is in the case of bugs. Rarely can a programmer argue the case for introducing a bug into the product; so rarely should a programmer be able to argue the case for introducing a crack into the product (as they currently can for code smells).
More important than using these specific four types of crack, however, a software development project that rigorously defines any cracks and sets up a source code analyzer to continuously measure these cracks and fails a release based on an excessive build up of cracks, this software project will gain a tremendous advantage in reduced development lead-time over its competitors. Because today's level of software structural quality is, compared to other engineering fields, shamefully embarrassing.
Figure 1 shows the package structures of four different systems. All these systems were designed using modern development practices and all are well-tested. Only one, however, used automated crack-detection during its construction. Which do you think it was? And which system would you rather maintain?
Figure 1 - A: JUnit. B: Spoiklin Soice. C: FitNesse. D: Struts.
Lucene does not, apparently, perform such automated detection: it has 31,197 cracks of the first type alone. Would Lucene have considered releasing its product with 31,197 bugs?
This post calls not for the identification of new structural faults that may be considered unacceptable, but for a re-appraisal of all structural faults as unacceptable.
It simply defies belief that the field of software engineering chooses to treat structural faults as less important than run-time faults.
Those software companies that realize this will reap rich reward.
Bugs Should Always Be Tracked
What Makes a Great Tester?
Bad Software Is Our Fault
Agile Patterns
bugs ,quality
Agile Partner Resources


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Kerala Police football team is an Indian institutional football team based in Thiruvananthapuram, Kerala that competes in the Kerala Premier League. It is the first and only team from Kerala to win India's top domestic cup competition.

History
In 1984, the then Kerala Director General of Police (DGP) thought it would be a good idea to form a football team for the police department. He not only realized the potential of the talent pool available in the state but also wanted to try and bring in a positive image in the minds of the people of the state when they think of the department.

The Kerala Police Football Team, is governed by the Kerala Police and won  the Federation Cup twice. In 1996-97 they participated in the inaugural edition of National Football League.
In 1998 they took part in the first edition of NFL 2nd Division. Over the years they played several times in the Federation Cup and Durand Cup. In 2014-15 they reached the Final of Kerala Premier League but were defeated by SBT. In 2019-20 they reached the semifinal of Kerala Premier League.

Honours
Federation Cup
Winners (2): 1990, 1991
Kerala State Club Football Championship
Winners (6): 1985, 1987,1995, 1998, 2014, 2016
Runners-up (5): 1990, 1993, 1994, 1996, 2013
 Mohan Kumar Mangalam Football Tournament
Winners (1): 2017
 DCM Trophy
 Runners-up (1): 1954

Statistics and records

Key
Pos. = Position in league
Attendance/G = Average league attendance

See also
 Football in Kerala
 National Football League (India)
 Kerala Premier League
 List of football clubs in India

References

Football clubs in Kerala
Police association football clubs in India
Kerala Police


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AP Board Class 8 English Maestro with a Mission Textbook Solutions PDF: Download Andhra Pradesh Board STD 8th English Maestro with a Mission Book Answers
September 13, 2022 AP Board 8 English Solutions No comments
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8th Class English Chapter 4C Maestro with a Mission Textbook Questions and Answers
Answer the following questions.
Vempati Chinna Satyam left his house on a purpose. Do you think he was successful at the end?
Yes, Vempati China Satyam was successful at the end. He wanted to elevate the status of Kuchipudi he had learnt from his great gurus. He decided to dedicate his life for the enrichment of that art form. So, he left his house for Madras. He carved a niche in Telugu film industry as a Kuchipudi dance director. He established Kuchipudi Art Academy in 1963 in Madras. He composed and choreographed as many as 180 solo items and 15 dance dramas. All his disciples were distinguished ones such as Shanta Rao, Yamini Krishna Murthy, Vfyjayanthimala Bali, Hema Malini, Manju Bhargavi, Shoba Naidu, Bala Kondala Rao and Daggubati Purandheshwari. He was conferred many awards. All the Telugu speakers identify themselves with 'Kuchipudi'. The rest of the world looks at Kuchipudi and Dr. Vempati's stupendous work with reverent eyes. Thus, Dr. Vempati was successful when he elevated the status of Kuchipudi.
When the stationmaster asked Satyam "Where are you going, dear?," he kept silent.
Now choose one of the options that is not the reason for the silence.
a. He was determined to achieve something. [ ]
b. He was determined and confident about his destiny. [ ]
c. He was not determined or confident about his destiny. [ ]
c. He was not determined or confident about his destiny. [ ✓ ]
If the eighteen year old lad hadn't left his village, Kuchipudi would not have gained this popularity. Do you agree/disagree? Why?
Yes, I agree with this statement. Kuchipudi originated in the village of Kuchipudi and was performed at temples at the time of annual festivals and in streets on the demand of the people. Only the males perform this art in those days. Though great gurus like Vedantam Lakshminarayana, Chinta Krishna Murthy enriched and transformed it completely, it was not much popular. It was not recognized on a par with other classical dances. The eighteen year old lad wanted to elevate the status of Kuchipudi, left his village and finally succeeded. So, if he hadn't left his village, Kuchipudi wouldn't have gained this popularity.
Is it appropriate to call him Dr. Vempati? Do you agree? Why (not)?
Yes, it is appropriate to call him Dr. Vempati. Kuchipudi gained the popularity because of him only. He had been passionate about Kuchipudi since his childhood. Though he was not a good performer of Kuchipudi in the early stages, he didn't lose hopes. He learnt the difficult aspects of Kuchipudi style from Tadepalli Peraiah Sastry and Vedantam Lakshminarayana Sastry. They inspired him very much. Later he did so much to the development and emergence of Kuchipudi to a full-fledged dance form. So it was appropriate to call him Dr. Vempati.
Based on the details of the famous singer, S.P. Bala Subrahmanyam given below, write a biographical sketch of him.
Full name: Sirpathi Panditaradhyula Balasubrahmanyam
Date of Birth: 4th June 1946
Place of Birth: Konetammapeta, Nellore District
State: Andhra Pradesh
Educational qualifications: Engineering
Entry into film field: 1966
First Film : Sri Sri Sri Maryada Ramanna
Entry into Bollywood: in 1980
Total number of songs sung: About 40.000
Other credits: Noted dubbing artist.
Actor: Acted in a number of Telugu films
TV programmes: Leading many TV programmes.
National Film Award for best male playback singer — 6 times
Nandi Awards from Government of Andhra Pradesh — 25 times
State Award from Tamil Nadu
State Award from Karnataka
Padma Shri Award
Padma Bhushan
Mr. S.R Bala Subrahmanyam is a famous singer. His full name is Sripathi Panditaradhyala Bala Subrahmanyam. He was born on 4th June, 1946 at Konetammapeta, Nellore district, Andhra Pradesh. He was a graduate in engineering. His entry into film field was made in 1966. He sang for the film Sri Sri Sri Maryada Ramanna for the first time in his life. He entered Bollywood in 1980. He has sung about 40,000 songs in all the languages till now. He is also a noted dubbing artist. He acted in a number of Telugu films. He has already led a number of TV programmes and is leading many of them now. He was rightly conferred the 'Padma Bhushan' and 'Padma Shri' Awards by our government. He was given 'Nation Film Award' for best male play back singer for six times. He received 'Nandi Awards' from government of Andhra Pradesh for 25 times. Tamil Nadu and Karnataka honoured him with 'State Awards'.
I. Listen to the news bulletin read by your teacher and answer the following questions.
This is All India Radio, giving you the news. The headlines. The Government of AP all set to declare a new art & cultural policy. A new cultural programme to be launched to show the Government's commitment to cultural development of the state. Exhibitions and other activities to mark the new programme.
The news in detail…
The Government of AP is all set to declare a new art and cultural policy. The policy is expected to stress the development of arts and crafts of the state. The Chief Minister is expected to announce the policy today at Ravindra Bharati, Hyderabad.
As per the Government sources, a drive under this programme will benefit the artists of Kuchipudi, Burrakatha, Oggukatha and Harikatha. Puppet shows would be made compulsory in all the Government organized programmes, they said.
According to the Handicrafts Minister, 51 new cultural centres would be started to boost the sales of Nirmal, Etikoppaka and Kondapalli toys. He also stated that handloom weaving would be given due importance. Dharmavaram, Pochampalli, Venkatagiri, Mangalagiri, Ponduru weavers would get interest free loans.
The headlines once again. The Government of AP all set to declare a new cultural policy. That's the end of this news bulletin.
What are the highlights of the news bulletin?
The highlights of the news bulletin are:
The Government of Andhra Pradesh all set to declare a new art and cultural policy.
Exhibitions and other activities will be conducted to mark the new programme.
The artists of Kuchipudi, Burrakatha, Oggu katha and Hari katha will be benefited.
New cultural centres would be started to boost the sales of Nirmal, Etikoppa and Kondapalli toys.
Dharmavaram, Pochampalli, Venkatagiri, Mangalagiri, Ponduru weavers would get interest free loans.
Where is the art and culture polity programme going to be announced? Who is going to be benefited from this policy?
The art and culture policy programme is going to be announced at Ravindra Bharathi, Hyderabad. The artists of Kuchipudi, Burrakatha, Oggu katha and Hari katha are going to be benefited from this policy.
How will the weavers be benefited from this polity?
I. India is a land of culture and tradition. One aspect of culture is dance. India has six major types of dances: Bharathanatyam, Kathakali, Kuchipudi, Kathak, Odissi and Manipuri.
The information can be transformed into a tree diagram.
Here is some information about musical instruments in India:
In India, we have some musical instruments. The shehanai is an Indian wind instrument. This is played during auspicious functions. The harmonium is a wind instrument, having its roots in Europe. The sitar is one of the prime musical instruments of Indian music. It is a stringed instrument. The tampura is another stringed instrument. Among the stringed instruments, the veena is the most ancient stringed instrument. The tabla is a percussion instrument. The flute/bansuri is a wind instrument. The violin is a stringed instrument played with a bow.
Now, convert the above information Into a tree diagram.
Identify a performing artist like a singer, a dancer or any other artist in your village or town. He/She might not be a famous person. Go to him/her. Collect the details about him/her.
You can take the help of the following questions for interviewing.
Who are your parents?
What is your place of birth?
Who taught you this art?
Are there any specific reasons for taking up this art?
Does the community around you support you?
Does this art make you financially independent?
Would you give any message to the student community?
Fill the following table based on the information you have collected.
Prepare a brief profile and exhibit it in your classroom.
Yesterday, I met M. Sekhar, one of the popular singers in our village. His parents are Chaya Devi and Prakash. He was born at Nuziveedu, his grandparents' place. He has a passion for singing since his childhood. He wanted to become a play back singer in film industry. After completion of his SSC, he left his village for Hyderabad. He learnt the music from M. Rama Rao, a great guru. The community around him gave him much support in the process of becoming a singer. He got chances to sing in two or three Telugu films. He is a regular singer in all kinds of festive occasions. Now, he is leading a middle-class life. His message to all of us is that we should show determination and dedication in the process of achieving our goal.
Writing an e-mail
Electronic mail, commonly referred to as email or e-mail, is a method of exchanging digital messages from an author to one or more recipients.
In order to send or receive e-mail messages, you need to create an account to access the service. You must need an internet connection for this purpose.
The messages you receive is stored in the mailbox created for your account. You can re-read the message anytime, delete it if you want to or even forward it to others.
The address of the recipient is to be typed in the 'to' text field.
The subject, if any, of the message is typed in the 'subject' field.
The 'message' is to be typed in the message field.
If you want to attach any files you can attach to the 'attachment' field.
Click on the 'send' in order to send the message.
Messages sent by e-mail normally reach a recipient's account within seconds. Through mails you can send pictures, documents in addition to messages.
You can send anything to anywhere in the world.
Maestro with a Mission Summary in English
Dr. Vempati Chinna Satyam was born to Venkata Chalamaiah and Varalakshmi on 15th, October 1929. He was survived by his wife Swarajya Lakshmi, two sons and three daughters. He faced many hardships in his childhood. He had a strong desire to learn Kuchipudi. Though his teacher ridiculed him, he didn't lose his interest in Kuchipudi. His passionate dream was to elevate the status of an art form he had learnt from his great gurus. He decided to dedicate his life for the enrichment of that art form. So, he left his house for Madras when he was eighteen. He walked all the way to Madras. On his long way, he fed himself on plantains and water.
The Kuchipudi dance form originated in the village of Kuchipudi. The art was performed at temples at the time of annual festivals and in streets for a long time. Though it was transformed by great gurus like Vedantam Lakshminarayana, Chinta Krishna Murthy, it was not much popular. It was not recognised on a par with other classical dances. Dr. Vempati learnt the difficult aspects of Kuchipudi style from Tadepalli Peraiah Sastry and Vedantam Lakshminarayana Sastry. He wanted to popularize Kuchipudi all over the world. He gained reputation as a dance director in Telugu film industry by composing the dance sequences in the films "Narthanasala", "Devadasu" and "Pandava Vanavasam". He established Kuchipudi Art Academy in 1963 in Madras. Dr. Vempati composed and choreographed as many as 180 solo items and 15 dance dramas. The distinguished performers Shanta Rao, Yamini Krishna Murthy, Vyjayanthimala Bali, Hema Malini, Manju Bhargavi, Shobha Naidu, Bala Kondala Rao and Daggubati Purandheshwari were all Dr. Vempati's disciples.
Dr. Vempati was conferred 'Padma Bhushan' by the government of India. Andhra University awarded him an honorary doctorate in 1980 and Sri Venkateswara University honoured him with D. Litt. in 1983. The mayor of Miami, USA presented him 'Golden Key' in 1981. He was presented 'Raja-Lakshmi' award. The TTD made him the 'Asthana Natyacharya' in 1976. He led an illustrious life of 83 years and passed away on 29th July 2012. The rest of the world looks at Kuchipudi and Dr. Vempati's stupendous work with respectful eyes. He is rightly called "Maestro with a Mission" as he remains the source of inspiration for the people who work for Kuchipudi. He remains at the centre stage of Kuchipudi's surge as a classical dance form in Modem India.
Maestro with a Mission Glossary
passion (n): strong feeling
choreography (n): art of arranging steps for a dance
ardent (adj): serious
oblivion (n): state of being unnoticed
carve a niche (idm): build reputation
reverent (adj): filled with honour
nuance (n): subtle difference
connoisseur (n): judge of an art
coveted (adj): liked by everyone to have
stupendous (adj): amazingly large
elevate (v): to give something a higher position
transform (v): to change the form of something
humiliated (v): made somebody feel ashamed or stupid and lose the respect of other people
ridiculed (v): made somebody look silly by laughing at them in an unkind way
rudimentary (adj): dealing with only the most basic matters or ideas
lofty (adj): deserving praise because of its high quality
nostalgic (adj): feeling of sadness mixed with pleasure and affection
laurels (n): honour and praise given to somebody because of something that they have achieved
lay-person (n): a person who doesn't have expert knowledge of a particular subject
distinguished (adj): very successful and admired by other people
conferred (v): gave somebody an award
reverent (adj): showing great respect and admiration
illustrious (adj): very famous and much admired, especially because of what one has achieved
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Pam Grier Discusses Blaxploitation, Criticism, and The Horse that Helped Save Her Life.
Pam Grier was an industry trailblazer.
Grier built a reputation for herself as a fierce, gun-toting figure during the heyday of the Blaxploitation subgenre in the 1970s.
Because of this persona, director Quentin Tarantino cast her in his picture as Jackie Brown.
For almost 20 hours, Ben Mankiewicz of the podcast The Plot Thickens interviewed Grier about her work and life.
Read More: Johnny Depp Performing At Washington D.C. Event With Amber Heard's Trial Attorneys In Attendance!
Grier and I have a lengthy conversation about her career.
Pam Grier Net Worth: How Action Heroine Pam Grier Earn $4 Million Dollar?
How All About that Bass Singer "Meghan Trainor" Earned a Fortune of $14 Million?
Rakesh Roshan Net Worth: How Does This Indian Director Spends His $40 Million Worth?
Chetna Pande Season 12 Contestant of Khatron Ke Khiladi Wants Arjun Bijlani to Fulfill Her Unique Wish!
Olympic Medallist Bajrang Punia Becomes 1st Indian to Win 4 Medals at World Wrestling Championships!