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Contact Bill Singer: 917-520-2836 rrbdlawyer@gmail.com
The Wall Street Legal & Regulatory Feed
by Bill Singer
Securities Industry Commentator by Bill Singer Esq
'Amid Stonewalling, Whistleblower Tips to SEC Dry Up' by On The Merits (Bloomberg Podcast)
Time To Overhaul SEC Whistleblower Program (BrokeAndBroker.com Blog)
DOJ RELEASES
Chief Technology Officer Of Blockchain Company Charged With Scheme To Defraud The Company Of Over $1 Million And Cryptocurrency (DOJ Release)
California Executive Compensation Consultant Sentenced To Prison For Committing Insider Trading (DOJ Release)
Chief Financial Officer Of Global Public Relations Firm Sentenced To 52 Months In Prison For Fraud And Falsification Of Corporate Records / Frank Okunak Embezzled Over $16 Million and Caused Publicly Traded Corporation to Keep False Book and Records (DOJ Release)
Comerica Vault Manager Pleads Guilty to Embezzling At Least $120,000 (DOJ Release)
Queens Resident Sentenced to Prison for Helping to Sell U.S. Savings Bonds Stolen from Elderly Woman (DOJ Release)
Nigerian National Sentenced To More Than Six Years In Federal Prison For International Tax Fraud Scheme (DOJ Release)
Four Men Arrested In Transnational Wire Fraud And Identity Theft Conspiracy (DOJ Release)
ABB Agrees to Pay Over $315 Million to Resolve Coordinated Global Foreign Bribery Case/ ABB Subsidiaries in Switzerland and South Africa plead guilty to bribery conspiracy (DOJ Release)
SEC RELEASES
Statement on Reopening of Comment Period for Share Repurchase Disclosure Modernization by SEC Commissioner Mark T. Uyeda
SEC Obtains Judgment Against Market Manipulator (SEC Release)
SEC Charges Seven Parties in a Combination Pump-And-Dump and Securities Offering Scheme (SEC Release)
AT&T Settles SEC Charge of Selectively Disclosing Material Information to Wall St. Analysts / Company Agrees to Pay a Record Penalty in Regulation FD Cases of $6.25 Million (SEC Release)
ABB Settles SEC Charges that it Engaged in Bribery Scheme in South Africa / Global technology company ordered to pay $460 million total to U.S. authorities to settle criminal and civil charges (SEC Release)
CFTC RELEASES
FINRA RELEASES
FINRA Fines and Suspends Rep for Discretion But Offers No Helpful Guidance
In the Matter of Patrick A. Perugino, Respondent (FINRA AWC)
https://www.justice.gov/usao-sdny/pr/chief-technology-officer-blockchain-company-charged-scheme-defraud-company-over-1
In the United States District Court for the Southern District of New York, an Indictment was filed charging Rikesh Thapa was charged with one count of wire fraud
https://www.justice.gov/usao-sdny/press-release/file/1556436/download. As alleged in part in the DOJ Release:
RIKESH THAPA co-founded and was the Chief Technology Officer ("CTO") of the Victim Company, which during the relevant period was involved in using blockchain and other technology to provide a ticketing platform for live events. Between December 2017 and September 2019, THAPA used his position to carry out a scheme to defraud the Victim Company.
In 2018, the Victim Company sought to diversify its banking because of its understanding that certain financial institutions were reluctant to maintain relationships with companies, such as the Victim Company, involved in cryptocurrency transactions. In furtherance of that effort, THAPA agreed to receive and hold $1 million of the Victim Company's money in his personal bank account (the "THAPA Account") while the Victim Company explored banking options. Soon after receiving the $1 million, however, THAPA began using the funds on personal expenses. Nevertheless, THAPA repeatedly acknowledged what was supposed to be the temporary nature of his possession of the funds, representing to a colleague, in substance and in part, that the money was "a stationary 1mil in my account" that was held "for safe keeping." THAPA then falsified records to conceal his theft, providing the Victim Company with a forged bank statement, which falsely represented that THAPA held over $21 million, approximately $1 million of which was held in a particular savings account (the "Purported Account"). In fact, THAPA did not have the Purported Account and held much less than $21 million at the relevant bank. In 2019, THAPA refused to return the $1 million, which he spent on, among other things, nightclubs, travel, and clothing.
In addition, between December 2017 and September 2019, THAPA used his control over the Victim Company's cryptocurrency holdings to embezzle at least 10 Bitcoin from the Victim Company. For example, in August 2018, THAPA diverted at least one of the Victim Company's Bitcoin for his own benefit, selling the Bitcoin for approximately $6,500 and depositing the proceeds into the THAPA Account (the "August 2018 Bitcoin Transaction"). To avoid detection, THAPA falsified trading records and deleted emails. In July 2019, THAPA sent the Victim Company's CEO a fraudulent transaction report that misrepresented the August 2018 Bitcoin Transaction. After the CEO, copying THAPA, thereafter requested and received a transaction report directly from the Victim Company's cryptocurrency brokerage, THAPA disabled the CEO's email account at the Victim Company (the "CEO Email Account"), deleted the cryptocurrency brokerage's email from the CEO Email Account, and then deleted the entire CEO Email Account.
In yet another facet of the scheme, THAPA stole the Victim Company's utility tokens. Such tokens are a type of cryptocurrency that can be used to access particular services, products, or features. In July 2019, unbeknownst to the Victim Company's CEO, THAPA set up a meeting in Italy between THAPA and individuals who claimed to be interested in purchasing the Victim Company's utility tokens. Before the meeting, THAPA provided account information for the THAPA Account so that the purported investors could wire him funds. During the meeting, however, THAPA agreed to receive cash in exchange for utility tokens. After the meeting, THAPA transferred, without authorization, approximately 174,285 of the Victim's utility tokens to the purported investors. THAPA later determined that the cash he had received from the purported investors was counterfeit.
https://www.sec.gov/news/statement/uyeda-statement-share-repurchase-disclosure-modernization-120722
Today, the Commission reopened the comment period for the proposed rulemaking on Share Repurchase Disclosure Modernization.[1] The comment period was reopened to add a memorandum prepared by the Division of Economic and Risk Analysis ("DERA") to the public comment file, and to seek public feedback on the memorandum. The memorandum analyzes the impact of section 4501 of the Internal Revenue Code of 1986 (the "Internal Revenue Code") [2] on the potential economic effects of the proposed rulemaking. Section 4501, which was added to the Internal Revenue Code by the Inflation Reduction Act of 2022 (the "Inflation Reduction Act"),[3] imposes upon a covered corporation a non-deductible excise tax equal to 1% of the fair market value of any stock repurchased by the corporation, subject to certain exceptions.
When the Commission initially proposed the Share Repurchase Disclosure Modernization rulemaking on December 15, 2021,[4] the Inflation Reduction Act had not become law. Accordingly, the proposing release's discussion of the rulemaking's costs and benefits did not consider the impact that the excise tax would have on the incidence and level of share repurchases. A potential implication of the excise tax is that it might cause companies to decrease their share repurchase activity and to possibly favor dividends (including special dividends) as the preferred method of returning capital to shareholders. Any such decrease in share repurchase activity could, in turn, affect the costs and benefits analysis in the proposing release. To satisfy its statutory rulemaking obligations,[5] the Commission must understand, to the furthest extent possible, the qualitative and quantitative impacts that the excise tax will have on share repurchase activity and the proposed rulemaking's costs and benefits.
I appreciate the efforts by the DERA staff to address these issues in its memorandum and by the staff of the Divisions of Corporation Finance and Investment Management to prepare the reopening release. While I support the addition of the DERA memorandum to the public comment file and the reopening of the comment period generally, I disagree with the 30-day comment period for the public to provide feedback. This 30-day period is especially problematic when it commences shortly before, and will overlap with, major holidays later this month.
One might ask: what is the purpose of the comment period? Is it merely an item to be checked off to satisfy the lowest acceptable standard of process required by the Administrative Procedures Act?[6] Or is it a vital component of a discussion between an administrative agency and the public in order to better understand the effects of a proposed rule, especially under a changed factual scenario? I believe it is the latter.
A longer period, such as 45 days, would increase the likelihood that the Commission receives more thoughtful responses. Even for commenters who can provide feedback within the 30-day period, they likely would appreciate the additional time to fine tune their analysis, while continuing their regular duties and spending quality time with their family and friends during the holidays.[7]
[1] Reopening of Comment Period for Share Repurchase Disclosure Modernization, SEC Release No. 34-96458 (Dec. 7, 2022), available at https://www.sec.gov/rules/proposed/2022/34-96458.pdf.
[2] 26 U.S.C. 4501.
[3] See Pub. L. No. 117-169, 136 Stat. 1818, 1828 (2022).
[4] Share Repurchase Disclosure Modernization, SEC Release No. 34-93783 (Dec. 15, 2021) [87 FR 8443 (Feb. 15, 2022)], available at https://www.sec.gov/rules/proposed/2021/34-93783.pdf.
[5] See 15 U.S.C. 78c(f) (requiring the Commission, whenever it is engaged in rulemaking, to "consider, in addition to the protection of investors, whether the action will promote efficiency, competition, and capital formation") and 15 U.S.C. 78w(a)(2) (requiring the Commission to consider "the impact any [rulemaking] would have on competition" and prohibiting the Commission from adopting any rule that "would impose a burden on competition not necessary or appropriate in furtherance of the purpose of [the Securities Exchange Act of 1934]").
[6] See, e.g., National Association of Manufacturers v. SEC, (W.D. Tex.) (Dec. 4, 2022) (stating that the "[c]ourt will not introduce its own policy preferences [over that of the Commission] about what is a 'meaningful opportunity' [to comment on a rulemaking proposal]" and denying the plaintiff's motion for summary judgment that a 31-day comment period covering Christmas and Hanukkah violated the Administrative Procedures Act), available at https://assets.law360news.com/1555000/1555037/https-ecf-txwd-uscourts-gov-doc1-181129330034.pdf.
[7] I have previously spoken about my concerns with the short comment periods for recent Commission rulemaking and the 30-day comment period in this instance is the latest example of those concerns. See Mark T. Uyeda, Remarks at the APABA-DC Awards and Installation Reception (Oct. 19, 2022), available at https://www.sec.gov/news/speech/uyeda-apaba-dc-20221019, and Mark T. Uyeda, Statement on Electronic Recordkeeping Requirements for Broker-Dealers, Security-Based Swap Dealers, and Major Security-Based Swap Participants (Oct. 12, 2022), available at https://www.sec.gov/news/statement/uyeda-statement-electronic-recordkeeping-requirements-101222.
https://news.bloomberglaw.com/securities-law/amid-stonewalling-whistleblower-tips-to-sec-dry-up-podcast
After the Bernie Madoff scandal, the SEC created a whistleblower program that encouraged people to provide information by promising them a cut of the recovered funds.
At first, the agency was inundated with tips. But now, the number of people reporting financial fraud is dwindling. The guests on this week's episode of our weekly podcast, On The Merits, say they know why.
One problem: it's unclear how or why the SEC pays rewards to some whistleblowers but not others. And, even if you're entitled to a reward, it can take years of waiting for the agency to pay out. Bloomberg Law's John Holland speaks with whistleblower Janice Shell and whistleblower attorney Bill Singer about the problems with this program and how they can be fixed.
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https://www.justice.gov/usao-sdny/pr/california-executive-compensation-consultant-sentenced-prison-committing-insider
In the United States District Court for the Southern District of New York, Frank Glassner, 68, pled guilty to one count of securities fraud; and he was sentenced to one year and one day in prison, and ordered to pay a $368,000 forfeiture. As alleged in part in the DOJ Release:
Between July 2021 and September 2021, Kadmon, which, prior to its acquisition by Sanofi, was a publicly-traded biopharmaceutical company traded under the ticker symbol "KDMN" on the NASDAQ, engaged GLASSNER and the Consulting Firm to provide executive compensation consulting services related to a potential acquisition. In connection with this engagement, GLASSNER had access to material, non-public information, which he misappropriated and, in violation of the duties that he owed to Kadmon, used to trade Kadmon stock and call options between on or about August 3, 2021, and on or about August 23, 2021. On September 8, 2021, Kadmon publicly announced that it had agreed to be acquired by Sanofi for a per-share price significantly above the share price at which Kadmon was trading. That day, Kadmon's share price increased by approximately 71%, and GLASSNER ultimately profited $368,000 on the Kadmon stock and call options he had previously purchased.
https://www.justice.gov/usao-sdny/pr/chief-financial-officer-global-public-relations-firm-sentenced-52-months-prison-fraud
In the United States District Court for the Southern District of New York, Frank Okunak, 56, pled guilty to one count of wire fraud and one count of falsification of the books and records of a public corporation; and he was sentenced to 52 months in prison plus three years of supervised release, and he agreed to forfeit $10,823,575.57 and to pay restitution of $16,043,603.71. As alleged in part in the DOJ Release:
For nearly a decade, FRANK OKUNAK, who was the chief financial officer and later chief operating officer of a leading global public relations firm (the "PR Firm"), embezzled over $16 million from the PR Firm and, ultimately, the shareholders of the PR Firm's publicly traded parent corporation. OKUNAK used the embezzled funds to finance his personal lifestyle and his own private business ventures. OKUNAK concealed and facilitated his theft by preparing and causing others to prepare materially false accounting books and records, including invoices and payment records that falsely described expenditures as having been undertaken for the benefit of the PR Firm, when funds were actually used for OKUNAK's personal benefit or for the benefit of his personal business associates.
Specifically, from 2011 through 2020, OKUNAK used his authority as an officer of the PR Firm to cause the PR Firm to make unauthorized payments for OKUNAK's personal and business ventures unrelated to the activities of the PR Firm or its corporate parents. OKUNAK used the PR Firm's assets to provide the start-up capital for his personal, independent business ventures, to purchase tickets and luxury boxes at sporting events, and even to cover donations to his alma mater. To hide the illicit nature of these expenditures, OKUNAK frequently prepared or caused others to prepare false or misleading invoices and other documentation to suggest, falsely, that the funds were used for legitimate corporate purposes.
https://www.justice.gov/usao-ndtx/pr/comerica-vault-manager-pleads-guilty-embezzling-least-120000
In the United States District Court for the Northern District of Texas, Sallie Lazzaro, a/k/a Sallie Marie Perry pled guilty to theft by a bank employee. As alleged in part in the DOJ Release:
[L]azzaro, who began as a teller and was later promoted to vault manager, admitted she repeatedly stole cash from the FDIC-insured bank.
She purloined cash from her teller drawer, hid it in her pocket or purse, and input false information into the bank's computer system in order to manipulate teller and vault balances.
On May 20, 2021, when Ms. Lazzaro was on duty as vault manager, a cash count revealed that the bank was missing more than $100,000.
https://www.justice.gov/usao-ct/pr/queens-resident-sentenced-prison-helping-sell-us-savings-bonds-stolen-elderly-woman
In the United States District Court for the District of Connecticut, Glen Campbell a/k/a "Nick," 41,
and Jhanannie Singh a/k/a "Jasmine" and "Sharmala Persaud" each pled guilty to one count of conspiracy. Campbell was sentenced to 12 months and one day in prison, and Singh was sentenced to 57 months in prison. As alleged in part in the DOJ Release:
[Singh]stole hundreds of thousands of dollars in U.S. Savings Bonds from an elderly woman for whom she provided home health services. The victim had purchased the bonds for her grandchildren and other relatives. After the victim died, Singh contacted Campbell who enlisted the help of another individual to redeem the stolen bonds at a financial institution and provide Singh and Campbell with a portion of the proceeds. Between October 2020 and January 2021, as part of an undercover investigation, law enforcement coordinated the purchase of more than 100 savings bonds, with face values ranging from $50 to $1,000, from Singh and Campbell. Campbell traveled to Connecticut to complete the transactions.
Singh and Campbell were arrested on January 29, 2021. At the time of the arrests, the value of the bonds they had delivered during the undercover investigation was $287,312.39.
https://www.sec.gov/litigation/litreleases/2022/lr25587.htm
In the United States District Court for the District of Massachusetts, a Final Judgment was entered against Eric T. Landis and Ridgeview Capital Markets LLC ordering them to pay over $2.5 million in disgorgement and deeming that amount satisfied by the same amount ordered as forfeiture in a parallel criminal action. As alleged in part in the SEC Release:
[L]andis orchestrated a scheme to manipulate trading in at least 97 microcap stocks, which included placing thousands of manipulative trades over the course of three years using multiple accounts he controlled, including accounts in the name of Ridgeview. In August 2019, the court entered judgments by consent against Landis and Ridgeview that imposed multiple injunctions restricting their future conduct.
Landis was sentenced on January 24, 2020, in a parallel criminal action to six months in prison and two years of supervised release, and ordered to pay a $50,000 fine. The court later ordered Landis to pay forfeiture of $2,505,488. Landis had pleaded guilty in January 2019 to one count of securities fraud and one count of aiding and abetting securities fraud.
Landis and Ridgeview have consented to a final judgment in the SEC action that permanently enjoins them from violating the antifraud provisions of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and the market manipulation provisions of Section 9(a) of the Exchange Act. The judgment also prohibits Landis and Ridgeview from promoting or participating in the issuance, purchase, offer, or sale of any security, including penny stocks, with the exception for Landis trading in his own name in securities listed on a national securities exchange, and finds them jointly-and-severally liable for disgorgement of $2,505,488, which the court deemed satisfied by the order of forfeiture against Landis in the related criminal proceeding.
Landis was previously found liable in 2003 in a lawsuit brought by the SEC and convicted of related criminal charges in a prior market manipulation scheme.
https://www.brokeandbroker.com/6785/sec-owb-whistleblower/
After a decade of existence, it is time for the United States Securities and Exchange Commission's Office of the Whistleblower to provide timely updates to whistleblowers and their legal counsel after a Form WB-APP is submitted in response to a published Notice of Covered Action. The federal regulator's lack of timely communication with whistleblowers often devolves into counter-productive hostility that is inappropriately directed at individuals attempting to further investor protection.
https://www.justice.gov/usao-mdfl/pr/nigerian-national-sentenced-more-six-years-federal-prison-international-tax-fraud
In the United States District Court for the Middle District of Florida, Allen Levinson f/k/a Allen Ameh pled guilty to conspiracy to commit wire fraud, and he was sentenced to six years and six months in prison . As alleged in part in the DOJ Release:
[L]evinson was the leader of a scheme that attempted to defraud the United States government of more than $63 million through the filing of false and fraudulent tax returns in the names of hundreds of identity theft victims. The scheme operated from summer 2014 through 2019. Out of the $63 million claimed in tax refunds, the IRS paid over $5.5 million, the majority of which went to Levinson.
Levinson recruited coconspirators T'Andre McNeely, Brandon Williams, Michael Carr, and others-through job placement ads and word of mouth-to collect the proceeds of the tax fraud and send it to Levinson.
Levinson used sophisticated cyber means to obtain the personal data used to file the returns. He also hired other foreign nationals-including individuals located in a boiler room in Vietnam-to prepare and file the returns quickly and in large batches. The returns were filed from real certified accounting firms across the United States, all of whom had been hacked by third parties and often had their information sold on darkweb marketplaces, including a website formerly known as the xDedic Marketplace. The xDedic Marketplace was a website that operated for years and was used to sell access to compromised computers worldwide and personally identifiable information of U.S. residents.
U.S. District Judge Kathryn Kimball Mizelle previously sentenced three of Levinson's money laundering affiliates in a related indictment. McNeely and Carr were each sentenced to six years and six months' imprisonment. Williams was sentenced to one year and one day in prison.
https://www.justice.gov/usao-mdfl/pr/four-men-arrested-transnational-wire-fraud-and-identity-theft-conspiracy
In the United States District Court for the Middle District of Florida, four Indictments were unsealed charging Akinola Taylor, Olayemi Adafin, Olakunle Oyebanjo, and Kazeem Olanrewaju Runsewe with conspiracy to commit wire fraud, filing false claims with the United States, theft of public money or property, and aggravated identity theft. As alleged in part in the DOJ Release:
[T]aylor and Runsewe obtained unauthorized access to United States businesses' computer servers, participated in stealing from those servers the personally identifying information of United States residents and used that information to file false and fraudulent Internal Revenue Service (IRS) Form 1040, United States Individual Income Tax Returns ("Form(s) 1040") seeking income tax refunds with the IRS. Adafin and Oyebanjo assisted in the collection fraud proceeds directed to prepaid debit cards in their possession or to addresses or bank accounts they controlled or to which they had access and transferred a share of the fraud proceeds to other conspirators.
One of the places that Taylor and Runsewe had obtained unauthorized access to computer servers was the xDedic Marketplace, a website that operated for years and was used to sell access to compromised computers worldwide and personally identifiable information of U.S. residents. The xDedic administrators strategically maintained servers all over the world to facilitate the operation of the website.
The xDedic Marketplace was taken down as part of coordinated, global enforcement operations led by the FBI (Tampa Division) the IRS-CI (Tampa Field Office) and the U.S. Attorney's Office for the Middle District of Florida.
https://www.sec.gov/news/press-release/2022-215
Without admitting or denying the allegations in a Complaint filed in the United States District Court for the Southern District of New York
https://www.sec.gov/litigation/complaints/2022/comp-pr2022-215.pdf, AT&T, Christopher Womack, Michael Black, and Kent Evans consented to final judgments permanently enjoining them from violating, or aiding and abetting violations of, Regulation FD and Section 13(a) of the Securities Exchange Act. As alleged in part in the SEC Release:
[T]he penalty that AT&T agreed to pay is the largest ever in a Regulation FD case.
According to the SEC's complaint, AT&T learned in March 2016 that a steeper-than-expected decline in its first quarter smartphone sales would cause AT&T's revenue to fall short of analysts' estimates for the quarter. The complaint alleges that, to avoid falling short of consensus revenue expectations for the third consecutive quarter, AT&T investor relations executives Christopher Womack, Michael Black, and Kent Evans made private, one-on-one phone calls to analysts at approximately 20 separate firms. On these calls, the AT&T executives allegedly disclosed AT&T's internal smartphone sales data and the impact of that data on internal revenue metrics, even though, among other things, internal documents specifically informed investor relations personnel that AT&T's revenue and sales of smartphones were types of information generally considered "material" to AT&T investors, and therefore prohibited from selective disclosure under Regulation FD. The complaint further alleges that the nonpublic information provided on these private calls caused analysts to substantially reduce their revenue forecasts, allowing AT&T ultimately to beat the overall consensus revenue estimate when AT&T reported its results to the public on April 26, 2016.
https://www.justice.gov/opa/pr/abb-agrees-pay-over-315-million-resolve-coordinated-global-foreign-bribery-case
-and-
https://www.sec.gov/news/press-release/2022-21
In response to an Information filed in the United States District Court for the Eastern District of Virginia charging ABB Ltd. ("ABB") with conspiracy to violate the FCPA's anti-bribery provisions, conspiracy to violate the FCPA's books and records provisions, and substantive violations of the FCPA, ABB entered into a Deferred Prosecution Agreement ("DPA") whereby it agreed to pay over $315 million to resolve alleged violations of the Foreign Corrupt Practices Act ("FCPA") stemming from the bribery of a high-ranking official at South Africa's state-owned energy company. Additionally, ABB subsidiaries ABB Management Services Ltd. (Switzerland) and ABB South Africa (Pty) Ltd. (South Africa) each pleaded guilty to one count of conspiracy to violate the anti-bribery provisions of the FCPA. As alleged in part in the DOJ Release:
The department reached this resolution with ABB based on a number of factors, including: 1) the nature and seriousness of the misconduct; 2) ABB's demonstrated intent to disclose the misconduct promptly to the department; 3) ABB's extraordinary cooperation with the department's investigation; 4) ABB's extensive remediation, including carrying out a root-cause analysis of the misconduct and making significant investments in compliance personnel, compliance testing, and monitoring through the organization; 5) ABB's commitment to further enhance its compliance program and internal controls, including enhanced reporting provisions that require ABB, during the pendency of the DPA, to meet with the department at least quarterly and to submit yearly reports regarding the status of its remediation efforts, the results of its testing of its compliance program, and its proposals to ensure that its compliance program is reasonably designed, implemented, and enforced, so that it is effective in deterring and detecting violations of the FCPA and other applicable anti-corruption laws; 6) ABB's decade-old criminal history, which includes two prior criminal resolutions by ABB entities with the department for FCPA violations in 2004 and 2010, as well as a guilty plea by an ABB entity for bid rigging in 2001; 7) ABB's agreement to concurrently resolve separate investigations by authorities in South Africa and Switzerland, as well as the SEC, and its anticipated resolution of a related investigation by German authorities; and 8) ABB's agreement to continue to cooperate with the department in ongoing investigations. In light of these considerations, the criminal monetary penalty reflects a 25% discount off the mid-point between the middle and high end of the otherwise applicable U.S. Sentencing Guidelines fine range.
Pursuant to the DPA, ABB's total criminal penalty is $315 million. The department has agreed to credit up to one-half of the criminal penalty against amounts the company pays to authorities in South Africa in related proceedings, along with other credits for amounts ABB pays to resolve investigations conducted by the SEC and authorities in Switzerland and Germany, so long as payments underlying an anticipated resolution with German authorities are made within 12 months of today's date.
According to ABB's admissions and court documents, between 2014 and 2017, ABB, through certain of its subsidiaries, paid bribes to a South African government official who was a high-ranking employee at the state-owned and controlled energy company, Eskom Holdings Limited (Eskom) to obtain business advantages in connection with the award of multiple contracts. ABB engaged multiple subcontractors associated with the South African government official and made payments to those subcontractors that were intended, at least in part, as bribes. ABB worked with these subcontractors despite their poor qualifications and lack of experience. In return, ABB received improper advantages in its efforts to obtain work with Eskom, including, among other benefits, confidential and internal Eskom information.
As part of the scheme, ABB conducted sham negotiations to obtain contracts at inflated prices that ABB had pre-arranged with the South African government official, all on the condition that ABB employ a particular subcontractor associated with that official. ABB also falsely recorded payments to the subcontractors as legitimate business expenses when, in fact, a portion of the payments were intended as bribes for the South African government official.
In response to an SEC Order https://www.sec.gov/litigation/admin/2022/34-96444.pdf charging ABB with FCPA violations, the company agreed to pay a $75 million civil penalty in settlement. In part, the SEC Release alleges that:
[F]rom 2015 through 2017, ABB executives in Switzerland and South Africa colluded with a high-ranking government official at Eskom, an electricity provider owned by the South African government, to funnel bribes to the official through complicit third-party service providers with whom the government official had close personal relationships. ABB paid the service providers more than $37 million to bribe the government official. In return ABB obtained a $160 million contract to provide cabling and installation work at Eskom's Kusile Power Station.
ABB consented to the SEC's cease-and-desist order that it violated the anti-bribery, books and records, and internal accounting controls provisions of the FCPA and agreed to pay a civil monetary penalty of $75 million. The SEC also ordered ABB to pay more than $72 million in disgorgement; however, the Commission deemed the payment satisfied by ABB's reimbursement of its ill-gotten gains to the South African government as part of an earlier civil settlement based largely on the same underlying facts as the SEC's action. In addition, ABB agreed to regularly report to the SEC for a three-year period the status of its ongoing remediation of its internal accounting controls and compliance program. ABB was the subject of two prior FCPA cases by the SEC in 2004 and 2010.
In the United States District Court for the Southern District of California, the SEC filed a Complaint charging Joseph R. Earle Jr, Barry D. Reagh, William Clayton, Francis T. Dudley, Steven E. Bryant, Upper Street Marketing, Inc. and Project Growth International, Inc.
https://www.sec.gov/litigation/complaints/2022/comp25586.pdf with running an allegedly fraudulent pump-and-dump scheme of Upper Street Marketing, Inc. stock while at the same time selling new stock shares through a boiler room. On June 27, 2019, the SEC had suspended trading in Upper Street Marketing securities for ten business days. As alleged in part in the SEC Release:
[B]etween 2018 and 2019, Joseph R. Earle, Jr. and Barry D. Reagh designed and executed a campaign to pump up Upper Street's stock price and trading volume so they could dump their shares into the market for a profit. As alleged, before the campaign began, Reagh and William Clayton deceived a brokerage firm to accept their Upper Street shares by giving the impression that Clayton and others controlled the shares and decided whether the sell Upper Street stock. According to the complaint, however, it was Reagh who was in control of the shares.
As alleged, Earle and Reagh conducted a promotional campaign, including hiring Dudley to hype Upper Street stock in research reports distributed through the internet and social media, as well as re-releasing Upper Street press releases. According to the complaint, however, Dudley falsely stated that one of his company's paid for research reports when in reality Reagh and Upper Street did. As alleged, once Upper Street's stock price and trading volume increased, Reagh dumped his shares.
According to the complaint, to help pay for the promotional campaign, Upper Street, Earle, Steven E. Bryant, and Project Growth International, Inc. also offered and sold new Upper Street's stock shares through what they claimed was a private offering. As alleged, this private offering was never registered with the SEC nor were Bryant and Project Growth registered as brokers
In the Matter of Patrick A. Perugino, Respondent (FINRA AWC 2020068811301)
https://www.finra.org/sites/default/files/fda_documents/2020068811301
%20Todd%20Michael%20Seymour%20CRD%203249733%20AWC%20gg.pdf
For the purpose of proposing a settlement of rule violations alleged by the Financial Industry Regulatory Authority ("FINRA"), without admitting or denying the findings, prior to a regulatory hearing, and without an adjudication of any issue, Patrick A. Perugino submitted a Letter of Acceptance, Waiver and Consent ("AWC"), which FINRA accepted. The AWC asserts that Patrick A. Perugino was first registered in 2015 and from July 2016 through November 2017, he was registered with David Lerner Associates, Inc.; and, thereafter, from January 2018 through October 2020 with Spartan Capital Securities, LLC; and, since September 2020, with Craft Capital Management LLC. In accordance with the terms of the AWC, FINRA imposed upon Perugino a $5,000 fine and one-month suspension from associating with any FINRA member in all capacities. The AWC asserts in part that:
Between December 2016 and August 2021 , Perugino exercised discretion to effect 183 trades in four customers' accounts. For one customer, Perugino exercised discretion in placing one trade in the customer's account in January 2017 while Perugino was associated with DLA. With respect to the other three customers, Perugino engaged in discretionary trading by placing numerous trades in their accounts while these accounts were at DLA, Spartan and Craft. None of the four customers provided prior written authorization for Perugino to exercise discretion in their accounts at any of these firms. The written supervisory procedures (WSPs) for DLA and Spartan prohibited registered representatives from exercising discretion in a customer's account. Although Craft's WSPs permitted discretionary accounts, Perugino did not follow the firm's procedures to obtain written authorization from the customers or seek approval from Craft to maintain any discretionary accounts at Craft. Instead, Perugino failed to disclose the discretionary trading, incorrectly marking on two Craft annual attestations that he did not handle any customer accounts on a discretionary basis.
Therefore, Perugino violated NASO Rule 2510(b) and FINRA Rules 3260(b) and 2010.
Bill Singer's Comment: 183 trades. Over a span of about 56 months. Four customer accounts. At three different FINRA member firms: DLA, Spartan, and Craft. Doesn't say a lot about the FINRA community's in-house compliance policies and procedures. Doesn't say a lot about FINRA's regulatory oversight. Typical for this somnambulant form of FINRA regulation is that the self-regulatory-organization publishes this AWC but fails to set out any guidance or advice as to just how any of its member firms could have -- should have -- detected the exercise of discretion. The AWC clearly asserts that "Perugino did not follow the firm's procedures to obtain written authorization," and that he had "failed to disclose the discretionary trading." Given the absence of any pointers from FINRA as to "better practices," this settlement comes off as nothing more than the ka-ching of a cash register.
Securities Industry Commentator
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Securities Industry Commentator Bill Singer BrokeAndBroker RRBDLaw Securities Industry Commentator by Bill Singer Esq Bill Singer Esq securities industry commentator Bill Singer RRBDLAW
About Bill Singer
BILL SINGER is a lawyer who represents securities-industry firms, individual registered persons, Wall Street whistleblowers, and defrauded public investors. For over three decades, Singer has represented clients before the American Stock Exchange, the New York Stock Exchange, the Financial Industry Regulatory Authority (formerly the NASD), the United States Securities and Exchange Commission, and in criminal investigations brought by various federal, state, and local prosecutors. He has the distinction of representing witnesses during Congressional investigations. In 2015, Singer achieved a significant award in excess of $1 million from the Securities and Exchange Commission on behalf of a whistleblower client.
Singer is presently Of Counsel to a law firm and the publisher of the BrokeAndBroker.com Blog, which was rated as one of the industry's top eight destination websites and the leading legal/regulatory blog by "Investment News."
Before entering the private practice of law, Singer was employed in the Legal Department of Smith Barney, Harris Upham & Co.; as a regulatory attorney with both the American Stock Exchange and the NASD (now FINRA); and as a Legal Counsel to Integrated Resources Asset Management. Singer was formerly Chief Counsel to the Financial Industry Association; General Counsel to the NASD Dissidents' Grassroots Movement; and General Counsel to the Independent Broker-Dealer Association. He was registered for a number of years as a Series 7 and Series 63 stockbroker.
Singer regularly appears as a commentator on television and radio, and is frequently quoted in the press. He is an outspoken critic of ineffective regulation and an advocate for economic and political sanity.
Email: rrbdlawyer@gmail.com
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Passion for Quality – we are passionate about delivering superior foundations and services and take pride in achieving this. We look to replicate success, learn from mistakes and develop the ideas, innovation and practices that will help us improve and lead our market.
Responsibility – we take responsibility for our actions, individually and as a Group. Every day, everywhere we look to make a positive contribution to our client's business offer and work to identify practical improvements and solutions for mutual benefit.
Can-do Attitude – we take a positive and commercially aware "can-do" approach to the opportunities and challenges we face.
Safety, Health and Environment First – never to compromise on the health and safety of our customers and our people, and to manage responsibly the impact that our business has on the environment.
Delivering for Clients – to earn the continued loyalty of our customers by consistently demonstrating why we are the first choice for innovation, quality, service and value.
Profitable Growth – to deliver shareholder value through disciplined, sustainable growth, underpinned by strong governance that contributes to and leverages the benefits of our business.
Constant Focus on Performance and Efficiency – to deliver the highest quality and performance, whilst relentlessly driving to be the best value, most efficient provider.


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Greg Jones
Engine Build: Methanol Injected 427 Small Block Ford Engine
Engine Build: Turbocharged 6.7L Cummins Swap
Engine Build: Turbocharged 2.0L 4G63 Engine
Find out what went into this methanol injected, blown 427 small block Ford engine build.
Article courtesy ENGINE BUILDER.
When you grow up with a dad who is into tractor pulling, you likely grow up with an interest in tractor pulling as well. That was how Adam Hartwig was first introduced to engine building from his dad Bruce.
"I got into engine building at a young age with my dad," Hartwig says. "We got into tractor pulling with what they call Minnesota mini rods. We had a V8 engine that we ran for quite a few years, and that's kind of where my background started was tinkering with my dad on his pulling tractor."
Adam Hartwig and his 427 SBF
Once he got into high school, Adam didn't know what he wanted to do as a career. That is until they held a technical career day and Northwest Technical College advertised its automotive machining program.
"It really piqued my interest, so I ended up going that route in 2002," he says. "I went to Northwest Tech for two years and got my degree in automotive machining. I didn't have anything lined up at the time when I had finished school, so I went back to welding for a while until I decided to start my own engine business in October 2005. I've been building engines ever since."
Adam started Hartwig Performance Engines, LLC 15 years ago, and today, the small shop, run by Adam and his dad Bruce, focuses on IMCA stock car engines, 305 race saver engines and custom builds.
"We've done a lot of really cool, radical, off-the-wall items for guys," Hartwig says. "We focus on the circle track stuff. We also do work for other engine builders in the area since I've got some CNC equipment. I do absolutely everything in-house, except for crankshafts. I do complete cylinder head blueprinting and block blueprinting."
One of those custom, off-the-wall builds that Hartwig recently did was a methanol injected, blown 427 small block Ford for his own '86 Foxbody Mustang.
"The engine build is for this '86 Foxbody Mustang that I'm doing," he says. "I did have an engine in it, but it just wasn't enough horsepower. I went back to the drawing board and came up with this kind of off-the-wall recipe for a 427 small block Ford. I had never seen one with mechanical injection with the blower hat on top of a small block Ford. They don't have a whole lot of aftermarket parts out there for that combination, so I had to really sit down and figure out how I wanted to approach that.
"What I came up with is a Dart SHP small block Ford Windsor block – it's a 4.125˝ bore and 4.000˝ stroke, which comes up to 427 cubic inches. I had Dart leave the block just rough bored and rough decked, so I could finish hone it and finish deck it to my specs. That way I could get it blue-printed on my CNC machine."
Internally, Adam went with an all-forged rotating assembly – a forged crankshaft, forged connecting rods and a set of Icon flat-top pistons. For the cylinder heads, he went with Ford castings from Bill Mitchell Products.
"I ended up with a 235cc cylinder head with 58cc chambers," he says. "They flow right around 310-315 cfm at .700 lift. I ended up with a set of Howard's 1.65˝ wall pushrods and Howard's bronze-bushed roller lifters, which are great for high rpm and high spring pressures. I also used a set of T&D rocker arms. They're a 1.7 ratio. I used a set of Howard's springs, which are .235 at the seat and around .735-.740 on the nose. The engine has a mechanical solid roller camshaft from Howard's called a big bottle camshaft.
"The engine also has Enderle mechanical injection and that's set up for methanol. For that set up, I got some recommendations from Good Vibrations Motorsports out of California. They recommended a Waterman 700 fuel pump and their 31-32 Enderle injectors.
"For the oiling system, I just went with a Melling high-volume oil pump and I plan on running a real lightweight oil with the clearances that I've got, like a 5w20. I like to use Brad Penn (PennGrade) for regular use. I've been using Brad Penn for many, many years. I actually remember when it was Kendall GT1 when it was the green stuff. We've been using it since way back then. The green oil is the good oil as far as I'm concerned."
To top off the small block Ford, Hartwig went with a Holley EFI intake manifold, which he custom machined for the Enderle injectors. He also used a Meziere water pump, a Cloyes gear drive and an ATI balancer.
"I'm estimating anywhere between 750 and 800 horsepower," he says. "I set it up at 13.5:1 compression. This is going in my '86 Foxbody Mustang, which is an 1/8th mile track car for Grove City, MN. They have an 1/8th-mile track and I go bracket racing there."
Engine of the Week is sponsored by PennGrade Motor Oil, Elring – Das Original and Scat Crankshafts.
In this article:engine build, Ford Engine, small block
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redpajama_set_name: RedPajamaCommonCrawl


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Delroy Edwards Gets Back To Basics With "Horsing Around"
A new single from his upcoming debut album Hang'n' At the Beach.
By Ben Dandridge-Lemco
Delroy Edwards' sound is hard to pin down. Over the years, the L.A.-based producer and DJ has released countless 12" singles and mixtapes, ranging from classic basement techno to slowed down G-funk, for L.I.E.S. (Long Island Electrical Sytems) and his own L.A. Club Resource label. "Horsing Around," which premieres on The FADER today, in many ways feels like a return to the stripped-down sound that has always informed his music. The new single will appear on Edwards' debut full-length LP, Hangin' At the Beach, due out August 5 on L.A. Club Resource.
In an email to The FADER, Edwards offered some simple but important advice: "Take some time out of your busy lives to take your loved ones to the beach."
Read Next: Delroy Edwards and Dean Blunt share joint album Desert Sessions
Listen to "Horsing Around" below, and pre-order Delroy Edwards' debut album Hangin' At the Beach on iTunes.
delroy edwards, Electronic


Our marketing hats are glued to our heads. We're stuck believing there's a funnel, a purchase path. We view new channels like social networks as fancier ways to do what we've always done – shepherd consumers along a path to a purchase. But if we finally pry that marketer hat off and put our shopper hat on, how does what we do change?
How do you shop? Do you watch TV for the ads to discover new products? When a print ad catches your eye, do you make a mental note to check out the company's product pages later? Really give your shopping habits some serious thought. Do you shop the way your company's "ideal customer" shops? Does this ideal customer even exist outside of your whiteboards and team meetings?
We marketers have to get it through our heads: There is. No. One. Path. And that's why reaching shoppers is increasingly difficult.
Our customers are on Facebook and Twitter, searching Google and Bing, watching YouTube and Hulu, browsing on their phones and using branded apps, shopping in-store and online. We're told to "follow our customers" and "be everywhere they are," but the splintering media means our customers are literally everywhere. So how can even the best multi-channel marketing strategy perform in the era of what some are calling the "omni-channel" shopper?
Too many brands think of their "multi-channel strategy" as a portfolio of individual strategies, one for each of the channels they choose to participate in, each with different tactics. We've mixed a little digital with a touch of social, sprinkled in some mobile with in-store – hoping to find the recipe for success. But shoppers are channel-agnostic. They don't care if your online marketing strategy and in-store marketing strategy are managed by two different teams – they expect a seamless brand experience from channel to channel.
And they find new channels to engage in every day. Brands that attempt to develop a different strategy for each new channel will not be able to keep up. "Social" is not a strategy, "mobile" is not a strategy, "digital" is not a strategy, "in-store" is not a strategy. These are tools and communication outlets that marketers turn into silos, and try to build outdated marketing plans around.
What brands really need is a pervasive marketing strategy that spans current and future channels, independent of the tools used to enact it. A strategy that isn't just multi-channel, but cross-channel.
Oh yeah, we're people. We converse. It's funny to think that (technology learning curve aside) the oldest marketers would probably be better at social marketing than many brands today. Even with lots of experimentation and even more technology, we still seem struggle with something so basic and fundamental: communicating with the shopper. Somewhere in centuries of marketing advances, we forgot that shopping is a social activity.
Still, many brands continue to think about social marketing in terms of separate channels with separate budgets. "Social," which should be about conversation, has become just another channel for one-way branded communication. But the cloud is here, and brands no longer have time to waste.
— Matt Egol, Partner, Booz & Co.
…is integrated, as in communicating across channels, across the cloud. Brands need a unified platform, so that their efforts within channels can be syndicated between channels, for scalable results.
…generates insights, obtained by aggregating customer feedback and deriving trends and intelligence from it. These insights fuel better products, marketing, and companies.
…produces intimacy, by bringing brands closer to their customers. Many brands would say they're customer centric, but how many have truly put their customers' opinions at the center of their business? Brands who do will be better equipped to meet customers' needs, keeping them happy and coming back.
Is your strategy accomplishing these goals, across channels? Or is siloing your strategies preventing you from connecting your brand with customers everywhere they shop?


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Das Schüfftan-Verfahren ist ein klassischer Film-Trick, der heute allerdings kaum noch Verwendung findet. Es wurde von Eugen Schüfftan und Ernst Kunstmann entwickelt und durch den Film Metropolis von Fritz Lang berühmt.

Das Schüfftan-Verfahren gehört zu den Kombinationstricks: Zwei Bilder werden hier zu einem Bild kombiniert.

Der große Vorteil eines Kombinationstricks ist dabei, dass die Größenverhältnisse der beiden Bilder keine Rolle spielen. Das Schüfftan-Verfahren spart deshalb Kosten beim Bau der Kulissen: Statt einer großen, aufwendigen Kulisse kann einfach ein kleines Modell verwendet werden.

Das Verfahren

Für das Schüfftan-Verfahren wird ein Spiegel in einem Winkel von 45° zur Filmkamera aufgestellt. Anschließend wird die Kulisse (meistens ein verkleinertes Modell) so positioniert, dass ihr Spiegelbild die gewünschte Position im Kamerabild einnimmt. Die Kamera nimmt die Kulisse nicht direkt auf, sondern lediglich ihr Spiegelbild.

Nachdem die Kulisse richtig positioniert wurde, werden mit einem Messer die Teile der Spiegelschicht entfernt, an denen später die Darsteller zu sehen sein sollen. Dadurch wird dieser Teil des Spiegels durchsichtig.

Abbildung 2 veranschaulicht, welches Bild die Kamera aufnimmt:
Dort, wo der Spiegel intakt ist, erscheint das Spiegelbild der Kulisse. Dort, wo die Spiegelschicht fehlt, kann die Kamera die Darsteller (durch die Glasscheibe hindurch) mit aufnehmen.

Grenzen

Ein großer Nachteil des Verfahrens besteht darin, dass die Position von Kamera und Kulisse untereinander nicht verändert werden darf. Aus diesem Grund wurde das Verfahren fast ausschließlich für Szenen eingesetzt, bei denen die Kamera ihre Position nicht ändert.

Filmtechnik

redpajama_set_name: RedPajamaWikipedia


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HomeNewsTwo Texas 10 Most Wanted Fugitives Captured
Two Texas 10 Most Wanted Fugitives Captured
April 17, 2019 Robert DelGiorno News 0
AUSTIN – Two fugitives from the Texas 10 Most Wanted list have been captured. The fugitives — Clifford Milton, 24, (pictured left), and Rodrigo Flores, 34, (pictured right) who is affiliated with the Mara Salvatrucha (MS-13) gang — were both captured on March 29. Milton was arrested in Texas City (Galveston County), and Flores was arrested in Puerto Rico. Both arrests came as the results of Crime Stoppers tips, and rewards of up to $7,500 will be paid.
Working off tip information, members of the U.S. Marshals Gulf Coast Violent Offenders Fugitive Task Force, including DPS Special Agents, apprehended Milton without incident following a traffic stop. Milton had been wanted since November 2018 for trafficking of child, engaging in organized criminal activity and compelling prostitution. His violent criminal history consists of arrests for assault and weapons offenses. For more information, view his captured bulletin.
Puerto Rico Authorities apprehended the fugitives
Working off tip information, the Criminal Investigations Corps (CIC) of Aguadilla, Puerto Rico, apprehended Flores with the coordination of the U.S. Marshals Service – District of Puerto Rico and the U.S. Marshals Lone Star Fugitive Task Force, including DPS Special Agents. Flores had been wanted since May 2018 for aggravated assault with a deadly weapon and assault of a family/household member. His violent criminal history includes a 2012 conviction of aggravated assault with a deadly weapon after an incident in El Paso. For more information, view his captured bulletin.
So far in 2019, DPS and other agencies have arrested nine Texas 10 Most Wanted Fugitives and Sex Offenders, including five sex offenders and two gang members, and $20,000 in rewards have been paid for tips that resulted in arrests.
Texas Crime Stoppers, which is funded by the Governor's Criminal Justice Division, offers cash rewards to any person who provides information that leads to the arrest of one of the Texas 10 Most Wanted fugitives or sex offenders.
To be eligible for the cash rewards, tipsters MUSTprovide information to authorities using one of the three following methods:
Call the Crime Stoppers hotline at 1-800-252-TIPS(8477).
Submit a web tip through the DPS website by selecting the fugitive you have information about, and then clicking on the link under their picture.
Submit a Facebook tip by clicking the "SUBMIT A TIP" link (under the "About" section).
All tips are anonymous — regardless of how they are submitted — and tipsters will be provided a tip number instead of using a name.
DPS investigators work with local law enforcement agencies to select fugitives for the Texas 10 Most Wanted Fugitive and Sex Offender lists. You can find the current lists — with photos — on the DPS website.
Do not attempt to apprehend these fugitives; they are considered armed and dangerous.
Wacha, Cardinals cool off Yelich, beat Brewers 6-3
Choo 3B helps Rangers finish sweep of Angels with 5-4 win


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Marlies avenge loss with 5-1 romp
The Toronto Marlies defeated the Abbotsford Heat, 5-1, on Thursday night in front of 6,244 fans at Ricoh Coliseum, evening the teams' best-of-seven Western Conference semifinal series at one game apiece.
Abbotsford, which would see its 11-game winning streak snapped, jumped out to a 1-0 lead just over 10 minutes into the first period on a goal from Jon Rheault, but Toronto responded with two goals late in the first period from Ryan Hamilton and Matt Frattin.
Toronto continued their production, as Jerry D'Amigo and Korbinian Holzer scored early in the second period, and Nazem Kadri added an empty-net tally in the third.
Ben Scrivens stopped 37 of 38 shots in the victory for the Marlies. Danny Taylor made 24 saves in defeat.
Game 3 will be Saturday night in Abbotsford, B.C., at 10:00 ET (Leafs TV, AHL Live).
AHL action on SiriusXM this weekend
Rampage rally for Game 1 win


Summer is hot, and so is living or spending any amount of time down in the South western part of the United States. Being that beer is one of the best ways to cool off, there are a few types that you should keep an eye out for if you're in Arizona. These local beer makers are experts in knowing how to combat a lazy day in the sun, and here are a few brews that might make some great company as you hang outside by the pool.
The Four Peaks brewery is located in Tempe, Arizona, which is just right outside of Phoenix. It is set in the back area of a neighborhood, but all the locals will tell you that they make some of the best beer out there. Every summer they make the "Four Peaks Peach Ale" which is a light fruit beer that has a very sweet and tart taste to it, making it one of the best beverages to have on a hot day. It's golden color is a great indicator that it will go down the hatch fairly easily, and it is only 4.2% so it should be fairly easy to have a few of them at once if you choose.
You will know it when you see it because the Borderlands Prickly Pear Wheat beer is a bright purple color and smells like a great fruit beer. It's made using the bright colorful fruit off of the prickly pear cactus, which is often used to many other things such as jams, candy and syrups. Even though it is a relatively sweet beer it's APV is at 6% which means that it will be relatively deceiving in how strong it is. The Borderlands Brewery is based out of Tucson, Arizona and they specialize in making very good beers that reflect the south of the border as well as the area's culture in general, so you can expect this Prickly Pear Wheat to be one of the most unique and flavorful brews out there.
For people familiar with Mexican cuisine, you will know what horchata is as it is a popular white rice drink that is heavily flavored with cinnamon that is commonly served with lunch or dinner meals. Borderlands Brewery based in Tucson, Arizona has figured out a way to make that sweet dessert drink into a great summer brew with their Horchata Cream Ale. With a 5.8% APV it is a very light, crisp, yet stronger cream ales that you will find out there in the market. While they only brew this one every few weeks or so it is surely one to look out for, as they are now also producing their beer in cans and starting to send it to places outside of the south west.
The Barrio Brewery is another great beer maker in the heart of Tucson, Arizona, and each summer they produce their fabulous "Beach Ale" that reflects a perfect blend of light, summery and mildly citrus flavors too. It has a 5% APV so you can rest assured that you wouldn't drink yourself under the table right away, and it is also fantastic when served with a wedge of grapefruit on the side. The grapefruit juice itself compliments the crisp flavors of the ale and makes it even easier to drink and appreciate on a really hot summer day.


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Nikola Trujić (; born 14 April 1992) is a Serbian professional footballer who plays as a winger for Doxa Katokopias.

Club career
After coming through the youth system of Partizan, Trujić made his senior debut with Teleoptik in 2010. He was subsequently sent on loan to Smederevo (2011) and Hapoel Acre (2012), but failed to make an impact. In the summer of 2012, Trujić signed his first professional contract with Partizan, on a four-year deal. He was eventually loaned to Napredak for the 2012–13 season. In the summer of 2013, after the club's promotion to the top flight, Trujić signed a permanent contract with Napredak, on a three-year deal. On 5 June 2015, Trujić returned to his parent club Partizan. He penned a four-year contract and was given the number 92 shirt. On 17 July 2015, Trujić made his competitive debut for Partizan, coming on as a substitute for Andrija Živković in a 4–0 home league win over Metalac Gornji Milanovac. He netted his first goal for the club on 1 August 2015, scoring the opener in a 2–3 away league loss at Novi Pazar. Four days later, Trujić came on off the bench and headed in the final goal of a 4–2 home win over Steaua București in the return leg of the 2015–16 UEFA Champions League third qualifying round, as Partizan progressed to the next stage. On 19 February 2016, Trujić signed a two-and-a-half-year contract with Vojvodina. He left the club due to conflict with supporters in summer 2017. On 31 August 2017, Trujić signed a two-year-deal with the Russian side Tosno.
On 27 June 2019, Trujić signed a one-year contract with Debrecen with an optional two additional years. On 28 July 2020, he joined AEL on a two-year deal.

Career statistics

International career
Trujić represented Serbia at the 2011 UEFA Under-19 Championship. He was a member of the Serbia under-21 team at the 2015 UEFA Under-21 Championship.

Honours
Napredak Kruševac
 Serbian First League: 2012–13

Tosno
 Russian Cup: 2017–18

Notes

References

External links

1992 births
Living people
People from Bor, Serbia
Serbian footballers
Association football forwards
Serbia youth international footballers
Serbia under-21 international footballers
Serbian SuperLiga players
FK Napredak Kruševac players
FK Partizan players
FK Smederevo players
FK Teleoptik players
FK Vojvodina players
Israeli Premier League players
Hapoel Acre F.C. players
Russian Premier League players
FC Tosno players
Liga I players
FC Botoșani players
FK Voždovac players
Nemzeti Bajnokság I players
Debreceni VSC players
Super League Greece players
Athlitiki Enosi Larissa F.C. players
2. Bundesliga players
FC Erzgebirge Aue players
Serbian expatriate footballers
Serbian expatriate sportspeople in Israel
Expatriate footballers in Israel
Serbian expatriate sportspeople in Russia
Expatriate footballers in Russia
Serbian expatriate sportspeople in Romania
Expatriate footballers in Romania
Serbian expatriate sportspeople in Hungary
Expatriate footballers in Hungary
Serbian expatriate sportspeople in Greece
Expatriate footballers in Greece
Serbian expatriate sportspeople in Germany
Expatriate footballers in Germany


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text:
Q: Sort array by custom variables $("#show_times_available_" + pos).find("td span").parent().each(function(){
    array.push($(this).attr("id"));
    array = array.sort();
});

My array takes all of the elements and grabs their ID and pushes it into an array so my array will end up as;
[ "mon_0600-0", "sun_0700-0", "thu_0600-0", "thu_0700-0", "tue_0300-0", "wed_0700-0" ];

What I'm trying to do is sort those elements as (mon, tue, wed, etc...) every time a new element is pushed into the array. so that my array will end up as;
[ "mon_0600-0", "tue_0300-0", "wed_0700-0", "thu_0600-0", "thu_0700-0", "sun_0700-0" ];

Using the basic sort() function will put it alphabetically and I know that the sort() function can take in another function. I'm just not sure how to set this up in vanilla javascript or jQuery. Is there a CASE THEN or a way to use when() and then() to sort these? I've search all around google and SO but nothing.

A: You need to pass a custom function to sort() as you say. In here, you need to split the days from the times, then return the comparison of the day part then the time part (if the days are the same):

var arr = ["mon_0600-0", "sun_0700-0", "thu_0600-0", "thu_0700-0", "tue_0300-0", "wed_0700-0"];

// store the order of the days
var days = ["mon", "tue", "wed", "thu", "fri", "sat", "sun"];

var arrSorted = arr.sort(function(a, b) {
  // a and b are two times to compare

  // split each into days and times, e.g ["mon", "0600-0"]
  var aSplit = a.split("_");
  var bSplit = b.split("_");

  // get the index of the days to compare
  var dayA = days.indexOf(aSplit[0]);
  var dayB = days.indexOf(bSplit[0]);

  // if days are the same, compare the times using normal String comparison
  // if days are different, return the comparison of their position in the array
  return dayA == dayB ?
   aSplit[1].localeCompare(bSplit[1])
   : dayA - dayB;
});

console.log(arrSorted);

A: When you use .sort you can specify a function that does the comparison.
Your function must receive two parameters, like compare(a,b) and return less than zero if a comes first, zero, if both must occupy the same position, and greate than zero if b must be after a.

var array = ["X123", "X0072", "X04"];

var compareFunction = function(a,b) {
  var _a = parseInt(a.substring(1));
  var _b = parseInt(b.substring(1));
  return _a-_b;
}

$('#original').text(JSON.stringify(array));

array.sort();
$('#sort').text(JSON.stringify(array));

array.sort(compareFunction);
$('#customSort').text(JSON.stringify(array));

Original:

Sort:

Custom sort:

A: I suggest you use an array containing the days in a sorted way:
var days = ["mon", "tue", "wed", "thu", "fri", "sat", "sun"];

then you can sort your data using indexes:
array = array.sort(function (x, y) {
    return days.indexOf(x.slice(0,3)) - days.indexOf(y.slice(0,3));
});

A: here you go with a custom sort function
// your array
array = [ "mon_0600-0", "sun_0700-0", "thu_0600-0", "thu_0700-0", "tue_0300-0", "wed_0700-0" ];

// the order stored in an object
daynames={
    mon:1,
    tue:2,
    wed:3,
    thu:4,
    fri:5,
    sat:6,
    sun:7
}

// the custom sort function which gets the value for the dayname-key and compares
function SortByDayName(a, b){

  // get the value of dayname + the time
  var aName = daynames[a.substr(0,3)] + a.substr(4,7);;
  var bName = daynames[b.substr(0,3)] + b.substr(4,7);;
  return ((aName < bName) ? -1 : ((aName > bName) ? 1 : 0));
}

// apply sort
array.sort(SortByDayName);

// output:
["mon_0600-0", "tue_0300-0", "wed_0700-0", "thu_0600-0", "thu_0700-0", "sun_0700-0"]

A: Well you can use this function to do that

var array = ["mon_0600-0", "sun_0700-0", "thu_0600-0", "thu_0700-0", "tue_0300-0", "wed_0700-0"],
  sort = ["mon", "tue", "wed", "thu", "fri", "sat", "sun"];

var sortondays = function() {
  var newArray = [];
  for (i = 0; i < sort.length; i++) {
    var t = sort[i];
    for (x = 0; x < array.length; x++) {
      if (array[x].startsWith(t)) {
        newArray.push(array[x])
      }
    }
  }
  return newArray;
}
console.log(sortondays());

A: This problem is perfect for Sorting with map, because splitting and lookup for day is only once made for an element, and not for each sort callback.

// the array to be sorted
var data = ["mon_0600-0", "sun_0700-0", "thu_0600-0", "thu_0700-0", "tue_0300-0", "wed_0700-0"];

// temporary array holds objects with position and sort-value
var mapped = data.map(function (el, i) {
    var value = el.split('_'), day;
    return {
        index: i,
        day: { mon: 1, tue: 2, wed: 3, thu: 4, fri: 5, sat: 6, sun: 7 }[value[0]] || 0,
        hour: value[1]
    };
})

// sorting the mapped array containing the reduced values
mapped.sort(function (a, b) {
    return a.day - b.day || a.hour.localeCompare(b.hour);
});

// container for the resulting order
var result = mapped.map(function (el) {
    return data[el.index];
});

document.write('
' + JSON.stringify(result, 0, 4) + '
');

redpajama_set_name: RedPajamaStackExchange


text:
Magnolia State Bank announces new leadership
Special to the American
BAY SPRINGS - Magnolia State Bank recently announced the promotion of Kris Magnum to Chief Executive Officer, Lillous Ann Shoemaker to President and the appointment of Barbara Brown as Chairman of the Board. Mangum, Shoemaker and Brown assumed their new responsibilities effective May 1.
Kris Mangum joined the management team of Magnolia State Bank in 2009. As CEO Kris will oversee the direction and administration of products and services provided by Magnolia State Bank, as well as building relationships within the bank's coverage area. Mangum graduated from the University of Mississippi in 1996 with a BS in Public Administration. At Ole Miss he received All Southeastern Conference and All American honors. He was drafted by the Carolina Panthers in 1997, where he still ranks 5th in all time games played and 5th in all time receiving in Panther's history. In 2003 Mangum played in Super Bowl XXXIII as the NFC champion Panthers narrowly lost to the Patriots. He retired from the NFL in 2007. Kris maintains active involvement in several community service organizations. He serves as Past Chair for the Petal Area Chamber of Commerce. He is married to Mary Ellen Coleman of Petal and they have four children, Ally, Molly, Macy, and Kristofer, Jr.
Lillous Ann Shoemaker started at Magnolia State Bank in March of 2014 as general counsel and compliance officer. She was appointed secretary of the board and holding company on July 10, 2014. In February 2015 Shoemaker was appointed to the board of directors. As president, Shoemaker will carry out the bank's vision and establish new goals and opportunities. Shoemaker has practiced law for more than 14 years, focusing on such areas as real estate, corporate law, estate and trust planning and family law. Shoemaker, a native of Bay Springs, graduated from the University of Southern Mississippi, and obtained her Juris Doctorate from the University of Mississippi School of Law with Magna Cum Laude honors. After graduating from law school, she attended New York University School of Law where she completed her Master of Laws in Taxation (LL.M.). She is admitted to practice law in Mississippi, Florida, Connecticut and New York. Shoemaker is a member of Bay Springs United Methodist Church where she teaches Sunday School, is a member of the Finance Committee, the Assistant Treasurer and, a Trustee of BSUMC. Shoemaker has two sons, Noah and Wells Grayson.
The board unanimously elected Barbara Brown as Chairman of the Board. Brown will guide the board with her experience and knowledge of bank history.
Magnolia State Bank is a state chartered community bank with assets of $315 million. Magnolia State Bank is located in Bay Springs, Flowood, Hattiesburg, Heidelberg, Laurel, Petal and Taylorsville.


I am all for cons picking apples and oranges.
I sure do like to eat. In fact, I ate BEFORE the ILLEGALS came across the border.
Question: Like to support people breaking the law, having more kids for you to support? Taking over your country?
Bring it on!! OK, not enough words....give the cons a basket!
What is wrong with a short, to the point message? Why will it not post?
I am!! And since this will not post unless I add more....there may have been some ILLEGALS years ago, but not until they saw the good life offered to them with outstretched hands by business, government, and people who are willing to give away our country, did the mass exodus we see today start.
And as far as the last post, I don't think most of us are as worried about immigration as we are ILLEGAL MIGRATION....there is the problem "~~seriously~~."
If you were born before about 1980 then you lived here before the mass invasions. Illegal immigration before that first amnesty isn't the huge problem it is today. Estimates are 3-8 times as big now.
I can vouch for that. I remember when California used to be a paradise.
I've always argued that illegal immigration quadrupled under jorge.


Twitter Cards have had a revamp. Not everything has changed, but there are a few new options that can provide great brand visibility and provide some more detailed engagement analytics of your social media and digital marketing campaigns. The enhanced engagement analytics includes data on the top pages tweeted from your website as well as the top influencers who tweeted pages from your website.
It's just as easy to get started with Twitter Cards. By adding a few lines of HTML to your webpage, when content from that page is included in a tweet, Twitter will add a "Card" to the newsfeed that's more visible than regular tweets and automatically includes the direct link back to your website.
What it's good for: information-rich pages from your website, such as articles, blogs, news and case stories.
The summary card shows a thumbnail, title and description, What's changed is that now it includes the option of a large image. These new summary cards have replaced the photo card, gallery card and product card that you may have used in the past.
What it's good for: Showing off your latest app.
The App Card allows iOS and Android users to see the details of the app relevant to the device they're on at the time. Your viewers can also download an App directly from the App Card due to the download button connecting directly to the app store they use.
Just like sharing a video from YouTube, the Player Card lets you actually play video from your website directly on Twitter. Note: this is the only one of the Twitter Cards that must have approval from Twitter before you use it. Check the Approval Guide to see how you can get your videos approved.
Twitter Cards for Ads can provide a range of features that other social media advertising can't, such as buttons that match your followers favourite tweet hashtags and activities. The Twitter Cards used for a Twitter ad campaign are essentially the same as the Twitter Cards for websites, but with a bit more control.
Website Card – this allows you to choose the image, title and description – it's not auto-generated from your website. Using the Website Card for Twitter Ads also lets you preview your Card to see how it will look on different devices. NOTE: Not all devices allow the same character limit for headlines, so always opt for less rather than more.
Lead Generation Card – this works by directly pulling the user's information from Twitter and sending it to the advertiser. The user will not have to click away from Twitter to register on a website. If you're using marketing automation software such as MailChimp, Marketo, LoopFuse, Salesforce, etc, Twitter will send that lead information directly to your software. If you're using other CRM or marketing software, it's easy to export the CSV files from Twitter and import them into your system manually.
The Lead Generation Card is also useful if you're providing freebies such as an e-book/podcast or other downloadable gift because you can use the Destination URL settings to send your users anywhere you want them to go.
Instant Unlock Card - The purpose of this card is to entice your audience to engage by offering hidden content. Simply clicking on the tweet button will unlock the hidden content.
Conversational Cards – Very similar to the Instant Unlock Card, but with that single click shares their message of support for a favourite team/argument in a conversation, etc. Clicking on a Conversational Card shares a pre-populated Tweet that also allows a choice of up to four hashtags users can choose from.
There are three different types of App Card that you can use in your Twitter ad campaign.
The significant benefit of using App Cards in your Twitter Ad campaign is the fact that you can configure the campaign to automatically check if your target audience already has your app installed and based on that knowledge, you can customise your Call to Action to either target non-users to install the App or prompt users to re-engage with the App. This is particularly useful for developers of free apps that rely on in-app purchases.
iFactory provide a wide range of clients with social media strategy and digital marketing advice, including Twitter Cards. If you're looking for some fresh ideas and flawless execution, contact us today.


text:
UC Open Access Policies
UC Merced Electronic Theses and Dissertations
Applications of Long Range Dependence Characterization in Thermal Imaging & Heart Rate Variability
Author(s): Ko, Marwin
Advisor(s): Chen, YangQuan
The world we live in is nonlinear. Fortunately, there are several mathematical methods to linearize a system. However, a multitude of nonlinear systems exists that cannot be fully linearized; such as economical, ecological, and biological systems. Linear or linearized systems are desired due to their predictable characteristics. On the other hand, nonlinear systems are unpredictable and considered stochastic. Is it possible to predict the unpredictable? Yes it is possible, to a degree. However, traditional or integer based mathematics do not suffice. Utilizing fractional calculus (FC) as a mathematical tool, one is able to describe nonlinearity in a system; with the assumption that there is memory or fractal properties embedded in the system. The Hurst exponent (H), also known as the Hurst parameter, is used to determine the intensity of memory in a system. The range of the Hurst is 0
Borrow or Signal? Amicus Curiae Briefs as a Means of Overcoming Information and Legitimacy Issues
Canelo, Kayla
Membrane-Bound Kinesin Transport and its Applications in Active Matter
Lopes, Joseph David
Estimating plant-accessible water storage through evaluating evapotranspiration in the semi-arid western United States using eddy-covariance, remote sensing, and spatially distributed data
Rungee, Joseph
Molecular Dynamics Simulation of the KaiC Protein
Crouch, Theo
Exploring Temporal Information for Improved Video Understanding
Zhu, Yi


IMEXrun the initiative that has attracted more than 2,500 participants, for a "sweat-working" moment!
The event concept was developed by events by tlc and organized by Case Imagine, driven by its strong belief in the unique ability that sports have to enhance corporate responsibility, personal development and the practice of a healthier lifestyle. The run will be sponsored by Brazil and supported by AWG, Experient, GES and Holland.
We now present the 4th edition of the IMEXrun, which will take place in IMEX America in Las Vegas on the iconic Strip on October 19 at 6:00 am. Designed to combine fun, fitness and the Vegas panache, the 5km route will start and begin and end at the scenic Venetian® outdoor bridge & gondolas, passing on the Strip.
In only 4 hours, online registrations sold out. This reflects not only the success that is has built up from the previous editions, that in total have attracted more than 2500 participants since the first edition in Frankfurt last year. It also reflects the industry's need to be connected through sports initiatives that compliment the great social and networking events around IMEX America.
When IMEX America attendees hit the Strip for the popular meetings industry trade show this week, they'll be doing much more than just networking and flexing their muscles – they'll also have the opportunity to become part of a very unique and healthy experience that IMEXrun provides.
"This is about the universal language that connects people from all over the world with different backgrounds and cultures, sports! By using sportive occasions we engage people and create a powerful experience, which will naturally provoke a change of behavior for an active and healthier lifestyle and business environment" says Diogo Assis, events by tlc CEO.