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July 2024
- 3 participants
- 351 discussions
Okay. Thank you for letting me know.
Gunnar
On Tue, Apr 23, 2024, 8:40 AM Roberta Kaplan <rkaplan(a)kaplanhecker.com>
wrote:
> I'm sorry, but I don't think we can help you on this.
> ------------------------------
> *From:* Gunnar Larson <g(a)xny.io>
> *Sent:* Tuesday, April 23, 2024 8:28:27 AM
> *To:* Roberta Kaplan <rkaplan(a)kaplanhecker.com>
> *Subject:* Re: Inquiry
>
> You don't often get email from g(a)xny.io. Learn why this is important
> <https://aka.ms/LearnAboutSenderIdentification>
> This email was sent from outside the Firm.
>
> Roberta:
>
> Thank you for your response.
>
> I wrote this LitigationFinanceJournal.com article back in 2022, now I am
> on the other side of it all.
>
> It is my understanding that the FBI is harassing my business, saying I am
> trying to use Donald Trump arguments against the Attorney General's office.
>
> That is simply not true. I am need to organize a personal attorney to
> protect myself from these attacks. I thought it could be beneficial if we
> worked together.
>
> Please let me know your thoughts.
>
> Thank you,
>
> Gunnar
> ---
>
>
> https://litigationfinancejournal.com/rnc-funding-of-trumps-legal-campaign-u…
>
>
> Litigation Finance Journal recently reported on a group of 14 state
> attorneys general that have called for action from the Department of
> Justice to review potential threats to U.S. national security from foreign
> adversaries’ engagement of litigation investment. Litigation funders and
> industry advocates have new ammo in response to the AGs’ claims, given
> recent news of the RNC funding former President Donald Trump’s various
> legal entanglements.
>
>
> According to ABC News, RNC leaders earmarked $1.6M in legal funding to
> support President Donald Trump’s defense over lawsuits brought by New York
> Attorney General Letitia James. Meanwhile, the United States Chamber of
> Commerce Institute for Legal Reform’s research has prompted 14 state
> attorneys general to ask for the Justice Department to assess national
> security risks of adversaries ‘undermining’ the United States by engaging
> litigation funding and third party investment vehicles.
>
> The group of 14 state attorneys general are concerned about foreign
> adversaries ‘weaponizing’ United States legal frameworks via litigation
> investment, to attack critical national industry and infrastructure, such
> as energy sectors. The group of 14 seeks the Department of Justice to
> detail how a network of federal agencies could engage a blueprint for
> defending United States independence from international litigation
> investors, hostile groups, agencies or governments such as Russia and China.
>
> This latest attack on the industry, prompted by the U.S. Chamber of
> Commerce, is simply another attempt to undermine the nascent and growing
> litigation funding sector. It is ironic, given that in the case of Consumer
> Legal Funding–which the Chamber specifically targets–the funding in
> question does not go to support legal fees, but rather to finance
> claimants’ livelihoods while they remain injured and unable to work.
>
> While the RNC’s funding of Trump’s legal battles does not constitute
> foreign investment, it illustrates the acceptance of third party legal
> funding across political lines, and should be noted by industry advocates
> looking to respond to the negative publicity put forth by the U.S. Chamber.
>
> On Tue, Apr 23, 2024, 7:02 AM Roberta Kaplan <rkaplan(a)kaplanhecker.com>
> wrote:
>
> Happy to talk. What is the matter?
> ------------------------------
> *From:* Gunnar Larson <g(a)xny.io>
> *Sent:* Tuesday, April 23, 2024 3:55:11 AM
> *To:* Roberta Kaplan <rkaplan(a)kaplanhecker.com>
> *Subject:* Inquiry
>
> You don't often get email from g(a)xny.io. Learn why this is important
> <https://aka.ms/LearnAboutSenderIdentification>
> This email was sent from outside the Firm.
>
> Ms. Kaplan:
>
> My name is Gunnar Larson and I am a co-founder at xNY.io - Bank.org.
>
> I was wondering if I could schedule a time to talk with your office
> concerning potentially working together on a developing matter.
>
> Thank you,
>
> Gunnar
> --
> Gunnar Larson
>
> xNY.io | Bank.org
>
> MSc - Digital Currency
> MBA - Entrepreneurship and Innovation (ip)
>
> G(a)xNY.io
>
> +1-917-580-8053
>
> New York, New York 10001
>
> ------------------------------
> This email and its attachments may contain information that is
> confidential and/or protected from disclosure by the attorney-client, work
> product or other applicable legal privilege. If you are not the intended
> recipient of the email, please be aware that any unauthorized review, use,
> disclosure, dissemination, distribution, or copying of this communication,
> or any of its contents, is strictly prohibited. If you have received this
> communication in error, please notify the sender immediately and destroy
> all copies of the message from your computer system. Thank you.
>
> ------------------------------
> This email and its attachments may contain information that is
> confidential and/or protected from disclosure by the attorney-client, work
> product or other applicable legal privilege. If you are not the intended
> recipient of the email, please be aware that any unauthorized review, use,
> disclosure, dissemination, distribution, or copying of this communication,
> or any of its contents, is strictly prohibited. If you have received this
> communication in error, please notify the sender immediately and destroy
> all copies of the message from your computer system. Thank you.
>
1
19
06 Dec '24
Ms. Scott:
NY-DFS recently asked for public comment concerning "Proposed Guidance on
Assessment of the Character and Fitness of Directors, Senior Officers, and
Managers" mentioned here:
https://www.dfs.ny.gov/industry_guidance/industry_letters/il20230509_guidan…
.
xNY.io - Bank.org asks if the NY-DFS will extend deadline for public
comment to August 5, 2023 from June 30, 2023.
As requested by NY-DFS, today we provide (in a separate attachment)
evidence of any documented exceptions to compliance with the "Suggested
Questions to Facilitate Initial and Ongoing Assessment of Designated
Persons’ Character and Fitness."
We have collated 19 references comprising 205 highlights that touch on the
five key areas below:
https://drive.google.com/drive/folders/1FTRRFFhQHDxf-oR9WOZz0a2gRtC9ZWVO.
-Harassment and Discrimination Policies
-Conflict of Interest Policy
-Insider Trading Policy
-Records Management Policy
-Corporate Opportunity Policy
xNY.io - Bank.org is seeking NY-DFS' extension for public comment to August
5, 2023 so that the New York Banking community has time to complete Q2-23
earnings call disclosures.
As documented in the above 19 references, we feel extra time for public
comment is warranted to ensure that xNY.io - Bank.org did not play a
significant role or otherwise contribute in a meaningful way to the conduct
that led to regulatory action or proceeding without ample notice.
Per point one of NY-DFS' "Suggested Questions to Facilitate Initial and
Ongoing Assessment of Designated Persons’ Character and Fitness," can you
kindly acknowledge that you have reviewed and understand our appeal seeking
extension for public comment to August 5, 2023?
We hope to hear from you before June 30, 2023 given obvious factors.
Sending you the very best regards.
Thank you,
Gunnar
--
Gunnar Larson
xNY.io | Bank.org
MSc - Digital Currency
MBA - Entrepreneurship and Innovation (ip)
G(a)xNY.io
+1-917-580-8053
New York, New York 10001
1
28
Advisory board goal for Post Office scandal victims to be returned to rightful financial position
by Gunnar Larson 06 Dec '24
by Gunnar Larson 06 Dec '24
06 Dec '24
https://www.computerweekly.com/news/252529287/Advisory-board-goal-for-Post-…
The board set up to monitor the compensation scheme for Post Office scandal
victims agrees goal of returning them to the financial position they would
be in had the scandal never happened
Karl Flinders, Chief reporter and senior editor EMEA
Published: 18 Jan 2023 12:15
The advisory board set up to oversee compensation awards to 555 victims of
the Post Office Horizon scandal has agreed a goal of returning them to the
financial position they would have been in had the scandal not happened.
Thousands of former subpostmasters were blamed for accounting shortfalls
caused by errors in the Post Office accounting software. They were forced
to repay huge sums, and were often bankrupted as a result. Many were
prosecuted and sent to prison.
The scandal destroyed the lives and livelihoods of the former
subpostmasters and their families for decades, with many suffering
stress-related illness. Suicides have been linked with the scandal.
In its first meeting, the GLO Compensation Scheme Advisory Board met
representatives of the Department for Business, Energy and Industrial
Strategy (BEIS).
The board agreed: “As with the general law, the goal should be to restore
the claimants to the position that they would have been in if the scandal
had not happened.”
The 555 former subpostmasters and Post Office branch workers were part of a
Group Litigation Order (GLO), which in 2019 proved that the software used
by Post Office branches, known as Horizon, was causing the unexplained
shortfalls they were blamed for.
They proved the software, from Fujitsu, was to blame, and forced the Post
Office to admit this was the case after nearly 20 years of denying it.
The Justice for Subpostmasters Alliance
The victory for the 555 subpostmasters in the High Court, all part of the
Justice for Subpostmasters Alliance (JFSA), were awarded £58m in damages,
but after their legal costs – provided by a litigation funder that requires
repayment with interest – were taken out, they were left with just £11m to
share. This left people that had lost homes, businesses and huge sums of
money with an average of a few thousand pounds each.
The judgements in the High Court case, which was paid for by the victims,
also triggered the unravelling of one of the biggest miscarriages of
justice in British history. So far, more than 80 former subpostmasters have
had wrongful convictions for theft and fraud overturned.
The court ruling also forced the Post Office to set up a compensation
scheme for any subpostmaster affected by the Horizon errors.
But the Post Office and its government backer did not allow any of the 555
that took part in the court action to apply, citing that the compensation
that was already paid was “full and final”.
Alan Bates, the former subpostmaster who set up the JFSA in 2009 and has
chaired it since, wrote to the government after the court victory,
demanding it paid the legal costs to leave JFSA members with fairer
compensation, but the government refused.
But Bates and JFSA members kept pushing the government for justice, and
through generating public pressure and instigating a judicial review forced
the government to set up a statutory public inquiry into the Horizon
scandal, which is ongoing.
Although compensation was initially left out of the terms of reference of
the public inquiry, the JFSA and its supporters forced the government to
include an examination of compensation.
Fair compensation
The JFSA kept fighting for fair compensation, just as they had fought for
justice for over a decade, and in June, the government was forced to agree
to pay it.
The GLO Compensation Scheme Advisory Board, set up to oversee the JFSA
compensation scheme, is made up of University of Oxford professor
Christopher Hodges, who is chair, peer James Arbuthnot and MP Kevan Jones,
who have supported and campaigned for justice for victims of the Horizon
scandal for two decades.
Arbuthnot said he was encouraged by the first meeting of the board with
BIES representatives. “Two key principles – the need for the goal to be to
restore the claimants to the position that they would have been in if the
scandal had not happened, and the imperative of speed of compensation –
were agreed,” he said. “Now we need to ensure that both are carried out.”
Jones said: “Good progress was made during the first meeting of the GLO
Compensation Scheme Advisory Board, including the parameters of the scheme.
The next meeting will be in February, where we will discuss setting up the
scheme as soon as possible.”
JFSA chair Bates said: “An oversight board was something very much missing
in previous schemes and it offers reassurance to the scheme that people
that have been so supportive over the years are involved. It also provides
some transparency.”
In 2009, Computer Weekly told the stories of seven subpostmasters affected
by the problems (see timeline of Computer Weekly articles below).
Read all Computer Weekly articles about the scandal since 2009
May 2009: Bankruptcy, prosecution and disrupted livelihoods – postmasters
tell their story.
September 2009: Postmasters form action group after accounts shortfall.
November 2009: Post Office theft case deferred over IT questions.
May 2010: A pilot of the new Horizon Online system at Royal Mail has been
scaled back after connectivity problems and outages.
February 2011: Post Office faces legal action over alleged accounting
system failures.
October 2011: 85 subpostmasters seek legal support in claims against Post
Office computer system.
June 2012: Post Office launches external review of system at centre of
legal disputes.
January 2013: Post Office admits Horizon system needs more investigation.
January 2013: Post Office announces amnesty for Horizon evidence.
January 2013: Post Office wants to get to bottom of IT system allegations.
June 2013: Investigation into Post Office accounting system to drill down
on strongest cases.
July 2013: Post Office Horizon system investigation reveals concerns.
October 2013: End in sight for subpostmaster claims against Post Office’s
Horizon accounting system.
October 2013: Former Lord Justice of Appeal Hooper joins Post Office
Horizon investigation.
November 2013: 150 subpostmasters file claims over “faulty” Horizon
accounting system.
September 2014: Fresh questions raised over Post Office IT system’s role in
fraud cases.
December 2014: MPs blast Post Office over IT system investigation and
remove backing.
December 2014: Why MPs lost faith in the Post Office’s IT investigation,
but vowed to fight on.
December 2014: MPs to debate subpostmaster IT injustice claims.
December 2014: MP accuses Post Office of acting ‘duplicitously’ in IT
investigation.
January 2015: MPs force inquiry into Post Office subpostmaster mediation
scheme.
January 2015: Post Office faces grilling by MPs over Horizon accounting
system.
February 2015: Post Office CIO will talk to any subpostmaster about IT
problems, promises CEO.
March 2015: Post Office ends working group for IT system investigation day
before potentially damaging report.
March 2015: MPs seek reassurance over Post Office mediation scheme.
March 2015: Retiring MP aims to uncover truth of alleged Post Office
computer system problems.
April 2015: Post Office failed to investigate account shortfalls before
legal action, report claims.
April 2015: Criminal Courts Review Commission set to review subpostmasters’
claims of wrongful prosecution.
June 2015: Post Office looking to replace controversial Horizon system with
IBM, says MP.
July 2015: Campaigners call for independent inquiry into Post Office
Horizon IT system dispute.
October 2015: James Arbuthnot takes Post Office IT fight to House of Lords.
November 2015: The union that represents Post Office subpostmasters has
warned of a problem with the Horizon accounting system.
November 2015: An email from Post Office IT support reveals a problem with
the Horizon system and supporting processes that could lead to accounting
errors.
November 2015: Group litigation against Post Office being prepared in
Horizon dispute.
February 2016: Post Office faces group litigation over Horizon IT as
subpostmasters fund class action.
June 2016: Post Office chairman Tim Parker says there would be
“considerable risk” associated with changing its Horizon computer system.
November 2016: The legal team hired by a group of subpostmasters will take
their case to the next stage.
January 2017: The group action against the Post Office that alleges
subpostmasters have been wrongly punished for accounting errors gets green
light from the High Court of Justice.
March 2017: 1,000 subpostmasters apply to join IT-related group litigation
against Post Office.
April 2017: Investigation into claims of miscarriages of justice in
relation to a Post Office accounting system has appointed a forensic
accountant firm.
May 2017: Hundreds of subpostmasters have applied to join IT-related legal
action since March.
July 2017: Post Office defence in computer system legal case due this week.
August 2017: Campaigners submit initial evidence in group litigation
against Post Office over controversial Horizon IT system.
October 2017: Subpostmasters’ group action against the Post Office reaches
an important milestone.
November 2017: An end is in sight for subpostmasters’ campaign against
alleged wrongful prosecution, which they blame on a faulty computer system.
November 2017: The High Court judge managing the subpostmasters versus Post
Office legal case over an allegedly faulty computer system tells legal
teams to cooperate.
January 2018: Forensic investigation into Post Office IT system at centre
of legal case nears completion.
April 2018: Criminal Cases Review Commission forensic examination of the IT
system at the centre of a legal case against the Post Office has raised
further questions.
May 2018: Post Office branches unable to connect to Horizon computer system
for several hours after morning opening time.
October 2018: After over a decade of controversy, next week marks the
beginning of a court battle between subpostmasters and the Post Office.
November 2018: Case against Post Office in relation to allegedly faulty
computer system begins in High Court.
November 2018: High Court case in which subpostmasters are suing the Post
Office has revealed a known problem with a computer system at the core of
the dispute.
November 2018: A High Court trial, where subpostmasters are suing the Post
Office for damages caused by an allegedly faulty IT system, ends second
week.
November 2018: Post Office director admits to Horizon errors and not
sharing details with subpostmaster network.
November 2018: The High Court trial in which subpostmasters are suing the
Post Office has reached an important stage.
December 2018: CCRC may hold off subpostmaster decision until after Post
Office Horizon trial.
December 2018: Court case where subpostmasters are suing the Post Office
set to span at least four trials and extend into 2020.
January 2019: Subpostmasters’ campaign group attacks Post Office CEO Paula
Vennells’ New Year honour amid ongoing court case.
January 2019: Thousands of known errors on controversial Post Office
computer system to be revealed.
March 2019: Tech under spotlight at High Court in second subpostmasters
versus Post Office trial.
March 2019: Post Office considered Horizon IT system “high-risk”, court
told.
March 2019: CCRC watching Post Office Horizon trial closely.
March 2019: Judge rules that Post Office showed “oppressive behaviour” in
response to claimants accused of accounting errors they blamed on Horizon
IT system.
March 2019: Post Office “lacked humanity” in the treatment of
subpostmasters, says peer.
March 2019: A High Court judge heard that the Post Office did not
investigate a computer system error that could cause losses, despite being
offered evidence.
March 2019: The Post Office legal team in the case brought by more than 500
subpostmasters has called for the judge to be recused after questioning his
impartiality.
March 2019: A senior civil servant asked the Post Office to repay public
money it had wrongly allocated to paying legal costs.
April 2019: Subpostmaster claimants’ legal team makes application for the
Post Office to pay millions of pounds of costs associated with trial.
April 2019: Post Office to appeal judgment from first Horizon trial.
April 2019: The Post Office’s claim that the judge overseeing the case
concerning its controversial Horizon IT system was biased has been
dismissed.
April 2019: MP questions government over Post Office Horizon case.
April 2019: Government says no conflict of interest in trial despite Post
Office chairman’s dual role.
May 2019: The Court of Appeal has refused the Post Office’s application to
appeal a major decision in the Horizon IT trial.
May 2019: The Post Office has applied for permission to appeal judgments
from the first trial in its IT-related legal battle with subpostmasters.
May 2019: The judge in the Post Office Horizon trial has ordered the
organisation to pay the legal costs of its courtroom adversaries, and
refused to give permission to appeal a major judgment.
June 2019: Post Office asks Court of Appeal for permission to appeal
judgment in first Horizon trial.
July 2019: The Post Office has admitted that some subpostmasters are at
risk of accounts not balancing due to an error it does not understand.
July 2019: Problem revealed during High Court trial left subpostmaster with
£18,000 surplus after IT system failed to register full amount of cash
scanned in.
August 2019: Subpostmasters suffering slow running and frozen terminals
while Post Office searches for a fix to issues apparently caused by a
software update.
August 2019: The Post Office has fixed the latest problems with its Horizon
system, affecting hundreds of branches.
October 2019: A High Court judgment for a trial that focused on the Post
Office’s IT system at the centre of a multimillion-pound litigation will be
announced early next month.
November 2019: The Court of Appeal has rejected a Post Office application
to appeal judgments made in its multimillion-pound battle with
subpostmasters over IT system failures.
November 2019: Peer calls for clear-out of Post Office board after Court of
Appeal confirms major court defeat.
December 2019: The Post Office has settled its long-running legal dispute
with subpostmasters, and will pay £57.75m in damages.
December 2019: Subpostmansters ended their legal battle with the Post
Office at the optimal time, according to the lawyer that managed the High
Court action.
December 2019: Subpostmansters proved right on IT system failures as calls
for full public inquiry mount.
December 2019: Criminal Courts Review Commission to review Horizon judgment
“swiftly”.
December 2019: National Federation of Subpostmasters cries foul after court
ruling on controversial computer system.
December 2019: Former Post Office CEO apologises to subpostmasters over
Horizon scandal.
December 2019: Call for former Post Office CEO to step down from public
roles after IT court battle lost.
January 2020: Fujitsu must face scrutiny following Post Office Horizon
trial judgment.
January 2020: Subpostmaster group calls for government to pay legal costs
for Horizon trial.
January 2020: Why subpostmasters are calling on the government to pay
Horizon trial costs.
January 2020: Department for Business, Energy & Industrial Strategy says it
did not make decisions in the Post Office’s recent court battle.
January 2020: Government should not be allowed to dismiss subpostmasters’
claims over Horizon IT scandal.
January 2020: Police sent information about potential Fujitsu staff perjury
in subpostmaster prosecutions.
January 2020: Prosecutions are a significant step closer to being sent to
the Court of Appeal as Criminal Courts Review Commission forms a group of
commissioners to review them.
January 2020: Alan Bates: The “details man” the Post Office paid the price
for ignoring.
February 2020: The government has refused to pay the huge legal costs
subpostmasters incurred in their battle with the government-owned Post
Office, which they won.
February 2020: Members of Parliament seeking a public inquiry into the Post
Office Horizon scandal face huge challenges, but pressure and time could
force justice.
February 2020: Calls for inquiry into Post Office IT scandal increase in
Parliament, with cross-party support.
February 2020: Care Quality Commission to review concerns over Paula
Vennells’ appointment after they were raised by a former NHS consultant
psychiatrist.
February 2020: Government admits it was too passive managing Post Office as
parliamentary pressure builds.
February 2020: Minister says Post Office IT experts misled the government
when it asked questions about subpostmasters’ concerns over Horizon IT
system.
March 2020: Boris Johnson commits to “getting to the bottom of” Post Office
Horizon IT scandal.
March 2020: Boris Johnson’s commitment to inquiry into Post Office scandal
in doubt.
March 2020: MPs call on PM to commit to full public inquiry into Post
Office Horizon IT scandal.
March 2020: Those who did not play by the rules in Post Office Horizon
scandal “should face prosecution”.
March 2020: MPs told to hold to account those responsible for Post Office
Horizon IT scandal.
March 2020: The Post Office has sparked anger with secret settlements with
subpostmasters outside the recent legal action against it.
March 2020: Labour MP Karl Turner tells Computer Weekly that the Post
Office Horizon scandal is the most grotesque version of predatory
capitalism he has ever seen.
March 2020: MP Kevan Jones has warned a government minister not to repeat
the mistakes of predecessors in relation to the Post Office Horizon IT
scandal.
March 2020: Criminal Cases Review Commission to use Microsoft Teams to
ensure review of subpostmaster prosecutions is held on time.
March 2020: Post Office postpones subpostmaster compensation scheme amid
Covid-19 crisis.
March 2020: Meeting reviewing subpostmaster applications to appeal criminal
prosecutions moves into second day.
March 2020: Subpostmaster prosecutions to be considered by Court of Appeal
for miscarriages of justice.
March 2020: How subpostmasters made legal history with biggest referral of
potential miscarriages of justice.
April 2020: Met Police examines information about evidence given in court
by Fujitsu staff on the Horizon IT system.
May 2020: Subpostmasters who had their lives ruined by the Post Office’s
faulty IT system have received their damages after a High Court victory.
May 2020: A senior Post Office executive at the centre of an IT scandal,
who tried to mislead a High Court judge in relation to it, has left the
organisation without fanfare despite many years of service.
May 2020: Post Office re-examines hundreds of prosecutions that could have
resulted from faults in Horizon IT system.
June 2020: A campaign group representing subpostmasters wrongly prosecuted
for theft and false accounting by the Post Office is raising money to help
clear the names of victims of the scandal.
June 2020: Subpostmasters to force scrutiny of government’s role in Post
Office IT scandal.
June 2020: The Criminal Cases Review Commission sends 47 more subpostmaster
cases to Court of Appeal and asks government to review private prosecution
powers.
June 2020: Select committee chair writes to former Post Office CEO
demanding answers over her role in IT scandal.
June 2020: The government has been accused of launching a review that fails
in getting to the bottom of one of the biggest miscarriages of justice in
UK history.
June 2020: Subpostmasters will not cooperate with government review into IT
scandal.
June 2020: The government’s proposed review of the Post Office IT scandal
has received a further setback as forensic accountants join subpostmasters
in refusing to back it.
June 2020: Call for government review of Post Office Horizon scandal to
have the power to force individuals to give evidence under oath.
June 2020: Subpostmasters seeking justice in the Post Office Horizon IT
scandal are regaining momentum in Parliament.
June 2020: Healthcare regulator will be discussing concerns about former
NHS boss chairing an NHS trust at an upcoming meeting.
June 2020: Second Sight is working with law firm in appeals by
subpostmasters against criminal convictions in Horizon IT scandal.
June 2020: Post Office and Fujitsu blame each other for many of the
failings in the Horizon IT scandal that wrecked lives.
June 2020: Parliamentary Justice Committee to hold short inquiry into the
rules and regulations surrounding private organisations’ ability to
initiate criminal proceedings.
July 2020: Victims of the Post Office Horizon IT scandal need to raise
thousands of pounds in a week or those responsible for their suffering will
avoid scrutiny.
July 2020: The government is set to face scrutiny over its involvement in
the Post Office Horizon IT scandal, described as one of the biggest
miscarriages of justice in modern UK history.
September 2020: The government repeats that it won’t pay victims’ legal
costs and confirms review into the scandal will not have the power to call
witnesses.
September 2020: Subpostmasters still not being told about all the known
errors in the controversial Post Office branch accounting and retail system
that they use.
October 2020: The Post Office has chosen not to contest 44 out of 47
appeals, meaning most are likely to have their names cleared, but others
still face a Court of Appeal battle for justice.
October 2020: MPs are demanding the government holds a full statutory
public inquiry into the Post Office IT scandal.
October 2020: NHS regulator continues enquiries about the appointment of
former Post Office CEO at Imperial College Healthcare NHS Trust as more
damning details emerge.
October 2020: Government minister met with former subpostmaster online in
an attempt to get victims of the Post Office Horizon scandal involved in
government review.
October 2020: The Post Office is focusing urgently on fixing an IT error
suffered by a subpostmaster amid the ongoing IT scandal.
October 2020: Labour politicians are calling for the government to give the
Post Office Horizon scandal inquiry the power to force witnesses to give
evidence if they don’t cooperate.
October 2020: Imperial College Healthcare NHS Trust has asked for external
review of its process when appointing controversial executive.
November 2020: Government faces scrutiny of its handling of the Post Office
IT scandal that destroyed subpostmasters’ lives and livelihoods.
November 2020: Post Office branches offline during busy business hours
after suffering an IT error that the Post Office said related to IT from
supplier Fujitsu.
November 2020: Fujitsu is refusing to explain what caused a national system
outage in Post Office branches last week, despite the Post Office
confirming the issue was the fault of the supplier.
November 2020: The Metropolitan Police opens criminal investigation into
Fujitsu staff who gave evidence in trials of subpostmasters wrongly
prosecuted and even imprisoned for financial crimes.
November 2020: Post Office criticised over vagueness of its explanation of
the cause of a UK-wide IT failure that saw subpostmasters unable to do
business.
November 2020: Post Office says planned firmware update caused the problem
that left branches unable to do business for 90 minutes.
November 2020: Court documents reveal the names of the Fujitsu employees
under investigation for potentially providing misleading information in
criminal trials.
November 2020: The government allowed the Post Office to ‘run amok’ and
destroy lives, says complaint to Parliamentary Ombudsman.
November 2020: Campaigning politician demands access to documents that
could prove that the Post Office lied.
December 2020: Government denies responsibility for the abuse inflicted on
subpostmasters by the Post Office over faulty IT system.
December 2020: CEO at the centre of the scandal that saw innocent people
bankrupted and some sent to prison steps down from NHS role as pressure for
her resignation grows.
December 2020: History made as subpostmasters wrongly prosecuted in Horizon
IT scandal have convictions quashed.
December 2020: The appointment of a former Post Office executive, who tried
to mislead a judge, in the Football Association of Wales has been
questioned by an MP.
December 2020: Court of Appeal indicates subpostmasters can pursue appeal
route that could do more damage to Post Office’s reputation.
January 2021: NHS trust defends its director appointment process following
an external review of its recruitment of former Post Office CEO Paula
Vennells.
January 2021: Lawyers call for changes to digital evidence rule that made
it easier for the Post Office to ‘bamboozle courts’ and make subpostmasters
pay a heavy price for its IT failings.
January 2021: The Criminal Cases Review Commission (CCRC) has referred four
more subpostmasters’ criminal convictions to appeal, as part of the biggest
miscarriage of justice in modern UK history.
February 2021: A former senior developer who worked for Fujitsu on the Post
Office IT system that led to subpostmasters being falsely accused of fraud,
has claimed bosses knew of fundamental flaws before going live.
February 2021: Subpostmasters call for Boris Johnson to pause and reshape
the government’s Horizon inquiry.
February 2021: Vote of no confidence in Football Association of Wales boss
triggered by recruitment of former Post Office executive who tried to
mislead a judge in IT trial.
March 2021: Government agrees to change private prosecution rules that were
abused by the Post Office in its pursuit of subpostmasters wrongly accused
of financial crimes.
March 2021: Subpostmaster victims who have spent millions bringing the Post
Office IT scandal to light have received no reply to their concerns from
Boris Johnson.
March 2021: MP condemns department’s ‘bizarre’ rejection of freedom of
information request linked to Post Office IT scandal.
March 2021: Football Association Wales boss steps down after losing
confidence motion triggered by appointment of an executive involved in the
Post Office IT scandal.
March 2021: The Scottish Criminal Cases Review Commission (SCCRC) is
reviewing five cases of potential miscarriage of justice in relation to
subpostmaster prosecutions.
March 2021: Subpostmasters heading to Court of Appeal to clear their names
in what is potentially the biggest miscarriage of justice in English legal
history.
March 2021: The Post Office does not have enough money to pay compensation
to the subpostmasters it wrongfully prosecuted.
March 2021: Angela van den Bogerd has left her role at the Football
Association of Wales, following criticism of her part in Post Office IT
scandal.
March 2021: Court of Appeal hearing reveals Post Office instructed
employees to destroy documents that undermined an insistence that its
Horizon computer system was robust.
March 2021: The Post Office was warned that a former Fujitsu employee had
misled courts when giving evidence on its behalf.
March 2021: Boris Johnson agrees with MP that those responsible for the
Post Office Horizon scandal should be brought to book.
March 2021: Former Post Office chief was paid over £400,000 when she left
despite the organisation being involved in what would become the biggest
miscarriage of justice in UK history.
April 2021: The UK government faces a potential judicial review over its
Post Office Horizon IT scandal inquiry, after subpostmasters formally wrote
to the government seeking one.
April 2021: The government is listening to calls for changes in how digital
evidence is considered in court, as Post Office IT scandal spells out
current rule’s inadequacy.
April 2021: The Post Office's controversial contract with Fujitsu has been
extended another year to help the organisation manage its exit.
April 2021: The Post Office is to move work done by Fujitsu in-house when
its outsourcing contract ends, and is already recruiting IT experts.
April 2021: The Post Office has revealed the end to its controversial
Horizon IT system which, through its errors and the Post Office's denial of
them, caused huge suffering.
April 2021: The UK government is the only block to fair compensation for
subpostmasters who were wrongly punished for accounting shortfalls.
April 2021: The Court of Appeal has overturned the criminal convictions of
39 subpostmasters who were blamed and punished for accounting shortfalls
caused by computer errors.
April 2021: Former Post Office CEO Paula Vennells has left roles in the
church, Morrisons and Dunelm after postmasters’ convictions were overturned
in the Court of Appeal.
April 2021: The biggest miscarriage of justice in UK history is set to get
bigger as more subpostmasters take their cases to the Court of Appeal.
May 2021: Post Office IT scandal CEO has no excuse for her inaction in
preventing the biggest miscarriage of justice in UK history, says Criminal
Cases Review Commission chairperson.
May 2021: Subpostmasters, MPs and the public call for a full statutory
judge-led public inquiry into the Post Office Horizon scandal, following
another damning court judgment.
May 2021: Government says it wants to ensure a fair pay-out for the 555
subpostmasters who defeated the Post Office in a legal battle.
May 2021: The Post Office has contacted hundreds of people it might have
wrongly prosecuted for financial crimes.
May 2021: The miscarriages of justice involving subpostmasters are the most
disturbing element of the Post Office Horizon scandal – but it goes much
deeper.
May 2021: The supplier at the centre of the Post Office Horizon scandal has
so far escaped the ramifications of its role in the biggest miscarriage of
justice in UK history.
May 2021: Another two former subpostmasters have had their convictions for
financial crimes overturned, following a hearing in Southwark Crown Court.
May 2021: The government inquiry into the Post Office Horizon scandal is
set to be made statutory with the power to compel witnesses and evidence.
May 2021: The government confirmed that the inquiry into the Post Office
Horizon IT scandal will be given statutory status and wider scope.
May 2021: The Justice for Subpostmasters Alliance has agreed to meet the
former judge heading up the inquiry into the Post Office scandal that
ruined the lives of hundreds of subpostmasters.
May 2021: Criminal Cases Review Commission will not allow pressure on its
resources to prevent subpostmasters seeking a review of their criminal
convictions.
May 2021: Professional IT body wants changes to how computer evidence is
used in court in the wake of the Post Office case.
June 2021: The Post Office Horizon scandal inquiry begins with
subpostmaster campaign group waiting for full details before committing its
support.
June 2021: Whatever the Post Office told government about its decision to
sack investigators examining subpostmaster prosecutions for theft could
identify if the government was part of a cover-up.
June 2021: The Post Office has so far compensated about 400 subpostmasters
who suffered losses as a result of computer errors that they were wrongly
blamed for.
July 2021: Another 10 subpostmasters are set to have their criminal
convictions quashed as part of one of the biggest miscarriage of justice in
British history.
July 2021: The government has made no contact with subpostmasters two
months after it said it would work with them to ensure they get speedy and
fair compensation.
July 2021: The cost of a scheme set up to compensate subpostmasters who
were victims of the Horizon IT scandal will exceed £300m.
July 2021: The government will pay interim compensation within weeks to
subpostmasters who were wrongly convicted of crimes due to computer errors.
August 2021: A further four subpostmasters are set to have their wrongful
convictions overturned in the latest development in the Post Office Horizon
scandal.
August 2021: The government has failed to provide fair compensation to the
subpostmasters who exposed the full extent of the Horizon scandal to the
world.
August 2021: Subpostmasters demand more clarity on Horizon public inquiry
before committing their support.
September 2021: Six more subpostmaster convictions referred for appeal in
Post Office IT scandal.
September 2021: Government minister holds secret meeting with Post Office
Horizon scandal victims.
October 2021: The public inquiry into a scandal that saw subpostmasters
imprisoned after being blamed for accounting shortfalls will hold its first
public hearing early next month.
October 2021: A government minister investigating the controversial Horizon
IT project in 2000 described the Post Office board of directors as
‘appalling, short-sighted and partisan’.
November 2021: The behaviour of Post Office senior management during the
Horizon scandal was so egregious that the supplier of the faulty software
has escaped a large financial penalty.
November 2021: Former Fujitsu staff who gave evidence in subpostmaster
trials have been questioned by police for a second time.
November 2021: Former subpostmasters convicted of crimes based on data from
error-prone Post Office computer system continue to embark on appeals.
November 2021: The first hearing in the Post Office Horizon scandal public
inquiry hears why victims should be paid compensation immediately.
November 2021:The Scottish Criminal Cases Review Commission is
investigating eight potential miscarriages of justice linked with faulty
Post Office IT system.
November 2021: The Post Office will waive professional legal privilege for
documents relating to legal advice it received regarding subpostmaster
prosecutions.
November 2021 A total number of 65 subpostmasters have now had criminal
convictions overturned in Post Office Horizon scandal.
November 2021 Subpostmasters asked to withdraw support for Post Office
scandal inquiry.
November 2021: Seven more subpostmasters have been cleared after the Post
Office charged them for crimes caused by its faulty Horizon software.
November 2021: The Post Office made clear its support for a change in UK
law regarding computer evidence that was making prosecution ‘onerous’ – a
change which later helped to wrongfully convict subpostmasters.
November 2021: The chair of the Post Office scandal public inquiry has
confirmed the compensation of a group of subpostmasters will be revisited.
December 2021: Government must go further after agreeing to pay
compensation for wrongly convicted subpostmasters.
December 2021: Pressure on government to pay fair compensation to
subpostmasters left out of current schemes.
January 2022: Almost 100 MPs have backed a call for the government to
reverse its decision to exclude 555 subpostmasters from fair compensation.
January 2022: A parliamentary select committee was told that the Post
Office is unable to access information to accurately calculate compensation
for some Horizon scandal victims.
January 2022: The Post Office received subsidies worth over £1bn last year,
including a £685m payment just last month, in a scheme labelled Post Office
Historical Matters Compensation.
January 2022: Government widens subpostmaster miscarriage of justice
compensation scheme in Horizon scandal.
January 2022: Government officials are open to finding a way to properly
compensate victims of the Horizon scandal without setting a dangerous legal
precedent.
January 2022: The subpostmaster campaign group responsible for exposing the
Post Office Horizon scandal is to meet with the government to discuss fair
compensation for their suffering.
January 2022: Fujitsu cannot hide away as taxpayers pick up the bill for
the Post Office scandal triggered by its IT system, say peers.
February 2022: Victims of the Post Office Horizon scandal are being denied
the millions of pounds they are owed as the government delays compensation
resolution.
February 2022: Victims of the Post Office Horizon scandal are due to tell
their devastating stories to the statutory inquiry.
February 2022: MPs are demanding urgent action by the government to provide
full compensation to a group of 555 Post Office Horizon scandal victims who
have so far been left out.
February 2022: Victims of the Post Office Horizon scandal have been
suffering in silence for many years, but the current public inquiry is
giving them a voice, and people are listening.
February 2022: Horizon inquiry questioning raises hopes of fair
compensation for victims so far left out.
February 2022: Government set to backtrack on untenable position on
subpostmaster compensation.
March 2022: The Post Office and Fujitsu failed to alert subpostmasters to a
software error that caused them to be wrongly blamed for accounting
shortfalls.
March 2022: Horizon inquiry hearing sheds light on subpostmaster
federation’s role in hushing up IT problems.
March 2022: 555 subpostmasters to get fair compensation after government
U-turn on its stance on High Court settlement.
March 2022: Compensation goal finally in sight for 555 Post Office scandal
victims, after 13 year campaign.
April 2022: Fujitsu bags £430m government contracts despite rising cost of
Post Office Horizon scandal.
April 2022: The Scottish Criminal Cases Review Commission expects more
subpostmasters with potential wrongful convictions to come forward.
April 2022: Former subpostmasters who were wrongfully convicted and
punished for crimes have not yet received full compensation over a year
after their convictions were overturned.
April 2022: A former Fujitsu worker has been questioned under caution for
the third time as police investigate potential perjury in trials of
subpostmasters wrongfully convicted of financial crimes.
May 2022: Paula Vennells could be stripped of her CBE as the Honours
Forfeiture Committee commits to reconsider its award in the light of the
Post Office Horizon scandal.
May 2022: Lawyer negotiating compensation for victims of Post Office
scandal says the two sides are ‘poles apart’ on valuations.
May 2022: Inquiry into Post Office scandal moves to Scotland, with
differences in English and Scottish law raising further serious questions
about subpostmaster prosecutions.
May 2022: The chair of the Post Office Horizon scandal inquiry has brought
forward hearings about compensation as victims warn that at this rate
“people will die” before they get anything.
May 2022: The Criminal Cases Review Commission is to contact 88 more
potentially wrongfully convicted Post Office workers.
May 2022: The Post Office Horizon IT system at the centre of a national
scandal will be replaced by 2025, with a supplier expected to be named in
August.
May 2022: Victims of the Post Office Horizon scandal in Scotland raise
further questions about Post Office and government conduct.
May 2022: Government accused of ‘passing the buck’ and ‘not knowing what it
is talking about’ after stating it has no plans to review court rules on
computer evidence.
May 2022: Computer Weekly spoke to the barristers at Henderson Chambers
that fought the Post Office in the High Court to expose the widest
miscarriage of justice in UK history.
June 2022: Two more Post Office Horizon scandal victims have had their
wrongful convictions overturned.
June 2022: The 555 subpostmasters who exposed the depth of the Post Office
Horizon scandal could finally be fairly compensated.
June 2022: Forensic accounting firm that ‘knows where the bodies are
buried’ will be released from confidentiality obligations by the Post
Office to give evidence to public inquiry.
June 2022: Lawyers negotiating the compensation valuations for former
subpostmasters who suffered wrongful convictions have brought in
independent judicial scrutiny to break an impasse.
June 2022: Subpostmaster campaign group is a step closer to achieving what
it was originally set up to do as government launches compensation scheme
for its members who did not receive fair payouts.
July 2022: More former subpostmasters have their wrongful convictions for
theft and fraud overturned in the Court of Appeal.
July 2022: When the Post Office’s lie about the Horizon system failed to
silence subpostmaster critics, it took more extreme measures, say victims
of the scandal.
September 2022: The Met Police have interviewed a former subpostmaster as
part of an investigation into potential perjury by former Fujitsu staff.
September 2022: Chair of statutory public inquiry into the Post Office
Horizon scandal has aired his disappointment over the slow progress in
making interim payments to victims.
October 2022: The public inquiry into the Post Office scandal has begun
phase two with a request for adjournment amid allegations that the Post
Office is failing to disclose relevant documents.
October 2022: Victims demand that the perpetrators of the Post Office
Horizon IT scandal face the public inquiry.
October 2022: Fujitsu’s part in causing the extreme suffering of
subpostmasters will be made clear as the IT supplier begins giving evidence
at a statutory inquiry.
October 2022: A dereliction of duty saw subpostmaster federation ignore its
members when IT problems hit and allowed the Post Office destroy their
lives.
October 2022: Politicians are keeping up the pressure to block government
contracts being awarded to Fujitsu because of its role in the Post Office
Horizon scandal.
October 2022: Problems reported with the Post Office’s Horizon IT system
before its roll-out should have been regarded as a “show-stopper”.
October 2022: Horizon system code writers lacked basic programming skills,
according to the task force set up to investigate reported problems with
the controversial software.
October 2022: Trials of the Horizon computer system in Post Office branches
in 1999 led to a warning from subpostmasters that software problems meant
“a tragedy was not far away”.
November 2022: ‘Hardball’ negotiations between the government, the Post
Office and ICL meant subpostmasters were ignored and thrown into a tragedy
that could have been averted.
November 2022: Post Office investigators were so convinced that
subpostmasters were cooking the books that they failed to investigate
alleged IT problems, a public inquiry has been told.
November 2022: SCCRC has referred six cases of potential wrongful
convictions of subpostmasters to the High Court of Justiciary.
November 2022: A former Fujitsu technology expert who defended the Horizon
system’s robustness in court was unhappy after being ‘manoeuvred’ into
acting as an expert witness.
November 2022: Insider tells public inquiry that the Post Office continued
to roll out the controversial Horizon system despite a ‘considerable’
number of errors, because it was too committed.
November 2022: Former members of the ICL team developing software for the
Post Office Horizon EPOSS system were unqualified and engaged in poor
software development practices.
November 2022: The Post Office IT scandal inquiry’s appointed expert IT
witness was “troubled” by the lack of integrity of data from the Horizon
system that was used to send people to prison.
November 2022: Telegram from British Embassy in Tokyo to UK government
reveals pressure on ministers to sign off controversial contract.
November 2022: The National Federation of Subpostmasters (NFSP)
deliberately kept stories of Horizon errors quiet because it “did not want
to kill the project”.
December 2022: The Post Office was ‘keen’ to make subpostmasters cover
unexplained accounting shortfall as its business struggled, public inquiry
hears.
December 2022: The second phase of the Post Office Horizon IT scandal
raised more questions over who did what, when and where, with shocking
revelations at every turn.
December 2022: The Criminal Cases Review Commission wants former
subpostmasters to come forward if they think they were prosecuted by the
Post Office based on data from the Horizon computer system.
January 2023: Alan Bates, who fought for decades to expose the Post Office
Horizon IT scandal, says it would be inappropriate to accept an OBE when
former Post Office CEO Paula Vennells holds
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Law Society of Scotland on Post Office Scandal Litigation - Litigation Finance Journal
by Gunnar Larson 06 Dec '24
by Gunnar Larson 06 Dec '24
06 Dec '24
Check out my recent article:
https://litigationfinancejournal.com/law-society-of-scotland-on-post-office…
The Law Society of Scotland shares a new debrief of the Post Office
scandal. The story goes: When the Horizon computer system found over 736
sub-postmasters were allegedly grifting from the United Kingdom’s postal
budgets, they were summarily punished. However, Horizon’s back office
capabilities were later found to contain bugs and other system defects that
allegedly found workers at fault by mistake. Enter litigation funding, a
utility that many of the former post office workers found necessary to
clear their name.
According to the Law Society of Scotland, February of 2022 saw the
initiation of a public debate and investigation on the totality of the Post
Office scandal’s effects. The whole affair is being dubbed an extreme case
of United Kingdom justice malfeasance. Furthermore, the Law Society
explains that about 10% of the 736 criminal records have been overturned. A
class of 555 claimants have won restitution, totaling £20,000 each.
Click here to read more about the Law Society of Scotland’s take on the
Post Office Scandal.
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Enron’s Board of Directors: Contemporary Lessons on Crypto Marketplace Manipulation Computer Crimes - Crypto Computer Crimes Manual (W/183 Highlights)
by Gunnar Larson 05 Dec '24
by Gunnar Larson 05 Dec '24
05 Dec '24
A few years ago, I wrote an essay titled: "Enron’s Board of Directors:
Contemporary Lessons on Crypto Marketplace Manipulation Computer Crimes -
Crypto Computer Crimes Manual (W/183 Highlights)"
https://thecapital.io/article/crypto-computer-crimes-manual-w183-highlights…
Working references on disclosure controls and procedures, as well as
strategic initiatives including mergers and acquisitions, joint ventures,
and management restructurings (including public/private board of directors).
Full, fair, and accurate disclosures from all parties in a battle for
corporate influence or control are critically important to investors,
particularly when they are called upon to make decisions about their
investments. Contemporary crypto computer crimes likely are key
considerations relevant to making informed investment decisions by
sophisticated investors, underscoring protection of pension assets via keen
planning.
BitLicense marketplace manipulation techniques and potential cross-border
computer crimes has been a major focus of xNY.io's scholar
research/innovation communication and Bank.org's business plan execution
strategy.
The World Bank (WorldBank.org) notes that vulture funds endanger the gains
made by debt relief to poorest countries. "The Bank has already delivered
more than $40 billion in debt relief to 30 of these countries...thanks to
this, countries like Ghana can provide micro-credit to farmers, build
classrooms for their children, and fund water and sanitation projects for
the poor," wrote World Bank Vice President Danny Leipziger in 2007.
World Bank directors warn that strategies adopted by vulture funds divert
much needed debt relief away from the poorest countries on earth and into
the bank accounts of the wealthy.
Bank.org is clear-eyed; microcredit lending fraud is a major issue for
developing economies. Likewise, in western developed economies, market
history warns that when boards of directors approve of and/or ignore the
misuse of computer software programs which compute values based upon data
input formulas from active cross-border manipulation structures, the
results can lead to scandals like Enron. Such outcomes cost investors
billions of dollars when the share prices of affected companies collapse,
while also shaking public confidence in the United States securities
markets.
Enron’s Board of Directors: Contemporary Lessons on Crypto Marketplace
Manipulation Computer Crimes
In its 2000 review of best corporate boards, Chief Executive Magazine
included Enron among its five best boards. Even with its complex corporate
governance and network of intermediaries, Enron was still able to "attract
large sums of capital to fund a questionable business model, conceal its
true performance through a series of accounting and financing maneuvers,
and hype its stock to unsustainable levels."On paper, Enron had a model
board of directors comprised predominantly of outsiders with significant
ownership stakes and a talented audit committee of various state and
federal regulators.
Two decades later, in 2021, it is clear that cryptocurrency and blockchain
computer software systems require contemporary, ethically pure and sound
cultivation to support the realization of a "generation of innovation,"
maximizing the full potential of blockchain software technologies.
Board directors that will pioneer the next chapters of the meaningful New
York legacy of global, cross-border banking will agree:
Close scrutiny of corporate governance and greater responsibility placed on
directors to vouch for the reports submitted to the SEC and other federal
agencies have resulted in the growth of computer software solutions such as
blockchain systems and processes.
Cryptocurrency and Blockchain computer software products allow corporate
directors and internal auditors to assemble and analyze financial and other
relevant data—including unstructured data—and create reporting required by
New York BitLicense regulators and various Federal counterparts.
Before its demise, Enron was lauded for its sophisticated software,
including financial risk management tools powered by computer software.
Risk management was crucial to Enron not only because of its regulatory
environment, but also because of its business plan. Enron established
long-term fixed commitments which needed to be hedged to prepare for the
invariable fluctuation of future energy prices.
Enron's downfall was attributed to its reckless use of derivatives and
special purpose formulas manipulated by computer accounting software tools.
To engage in probable computer crimes, Enron hedged its risks with special
purpose entities which it owned, and Enron retained the risks associated
with the transactions.
Enron's aggressive accounting practices were not hidden from the board of
directors, as later learned by a Senate subcommittee. The board was
informed of the rationale for using the Whitewing, LJM, and Raptor
transactions, and after approving them received status updates on the
entities' operations. Although not all of Enron's widespread improper
accounting practices were revealed to the board, the practices were
dependent on board decisions.
Eliminating Bad Board of Director Schemes
Ranging from additional corporate board responsibilities to criminal
penalties, the Securities and Exchange Commission (SEC) implemented
disclosure requirements to comply with the law. A recent SEC order
reiterated the importance of the disclosures, noting that the requirements
were adopted in order to alert the market to large and rapid accumulation
of shares that might represent a possible change in corporate control so
that shares can be valued accordingly. The SEC order also noted that the
requirements were designed to provide an issuer’s management with timely
information to appropriately protect its shareholders’ interests (including
pension protections).
The SEC’s recent enforcement actions relate to disclosure obligations in
connection with M&A transactions and fights for corporate control.
In 2015, the SEC brought forth a number of similar enforcement actions
alleging that filers had failed to update their disclosures after taking
steps towards certain plans and proposals.
These types of enforcement actions continue to create challenging issues
for practitioners, particularly when potential transactions are still in
the early stages of planning and preliminary negotiation.
The SEC’s historic actions serve as a reminder to investors, including
vulture activists, that Schedule 13D violations can result in monetary
liability and, in the case of registered funds and investment advisers, can
also have other regulatory consequences.
Care must be taken to avoid those communications constituting group
activities with disclosure consequences. It should be noted that in some
cases, coordination among the parties or sharing of information is
sufficient to form prompts for disclosure purposes.
Intention of Disclosing Crypto Computer Crimes Manual (W/183 Highlights)
Published by the Office of Legal Education Executive office for United
States Attorneys, the “Prosecuting Computer Crime Manual” has been xNY.io’s
reference guide as international scholars researching Crypto Computer
Crimes and how to best position corresponding Bank.org business innovation
moving forward.
The SEC encourages the description of any plans or proposals such as Proof
of Burn (PoB) or Short Selling market activities which may relate to or
would result in:
The acquisition by any person of additional securities of the issuer, or
the disposition of securities of the issuer;
An extraordinary corporate transaction, such as a merger, reorganization or
liquidation, involving the issuer or any of its subsidiaries;
A sale or transfer of a material amount of assets of the issuer or any of
its subsidiaries;
Any change in the present board of directors or management of the issuer,
including any plans or proposals to change the number or term of directors
or to fill any existing vacancies on the board;
Any material change in the present capitalization or dividend policy of the
issuer;
Any other material change in the issuer's business or corporate structure,
including but not limited to, if the issuer is a registered closed-end
investment company, any plans or proposals to make any changes in its
investment policy for which a vote is required by section 13 of the
Investment Company Act of 1940;
Changes in the issuer's charter, bylaws or instruments corresponding
thereto or other actions which may impede the acquisition of control of the
issuer by any person;
Causing a class of securities of the issuer to be delisted from a national
securities exchange or to cease to be authorized to be quoted in an
inter-dealer quotation system of a registered national securities
association;
A class of equity securities of the issuer becoming eligible for
termination of registration pursuant to section 12(g)(4) of the Act; or
Any action similar to any of those enumerated above.
Below we share 183 highlights to the Computer Crimes Manual as per best
disclosure practices to illustrate various potential scenarios when market
conditions are met and a board of directors potentially exploits blockchain
technological software innovation with forecastable reckless consequences.
https://thecapital.io/article/crypto-computer-crimes-manual-w183-highlights…
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Check out a recent article Litigationfinancejournal.com article of mine:
Hong Kong and Singapore Litigation Investment Forecast
<https://litigationfinancejournal.com/hong-kong-and-singapore-litigation-inv…>
International arbitration has experienced an uptick in activity over the
past decade, with litigation finance driving increased accessibility to
quality arbitration outcomes. Hong Kong and Singapore have both passed
regulations to authorize third party funding in each jurisdiction.
New research sponsored
<https://drive.google.com/file/d/1eqM4r9MPm7JDSBEo8QlHcG8uKDTrW13t/view?usp=…>
by
the Chinese University of Hong Kong, led by faculty of law professor Can
Eken profiles Hong Kong and Singapore’s regulatory environment in granular
detail.
Eken compares and contrasts nuances between both markets, while asking what
innovations Hong Kong and Singapore may embrace to further expand third
party funding engagement across the international arbitration spectrum.
Governments in Hong Kong and Singapore overwhelmingly embrace a ‘soft
touch’ approach to litigation finance regulation. Forecasting the region’s
growth prospects signal both Hong Kong and Singapore are in competition to
be Asia’s arbitration capital, supported by friendly third party funding
regulation.
Eken suggests that with the high cost associated with international
arbitration, viability is often framed by financial capacity. With such
need, Hong Kong and Singapore are recognized as having pioneered
international arbitration regulation, legalizing the use of third party
funding agreements.
As an added bonus, we have included 36 highlights
<https://drive.google.com/file/d/1eqM4r9MPm7JDSBEo8QlHcG8uKDTrW13t/view?usp=…>
to
Eken’s 23 page essay for your general reference.
--
*Gunnar Larson - xNY.io <http://www.xNY.io> | Bank.org <http://Bank.org>*
MSc
<https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…>
- Digital Currency
MBA
<https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…>
- Entrepreneurship and Innovation (ip)
G(a)xNY.io
+1-646-454-9107
New York, New York 10001
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Will The UK Supreme Court Decision In PACCAR Affect Hong Kong Litigation Funding? - Litigation Finance Journal
by Gunnar Larson 05 Dec '24
by Gunnar Larson 05 Dec '24
05 Dec '24
Check out my recent article:
https://litigationfinancejournal.com/will-the-uk-supreme-court-decision-in-…
The Hong Kong Department of Justice’s approach to litigation finance and
third party funding is coming into greater focus following the UK Supreme
Court’s July 26, 2023 ruling on R. (on the Application of PACCAR Inc) v
Competition Appeal Tribunal [2023] UKSC 28.
Mondaq reports that PACCAR has defined “damaged-base agreements” or “DBAs”
in the United Kingdom. DBAs are strictly regulated in the UK, now including
litigation funding agreement contract law. Many UK courts have operated
under the assumption that funding of litigation agreements does not fall
under the purview of DBAs. PACCAR’s Supreme Court decision has sparked a
fervent debate around this topic.
Mondaq says that Hong Kong DBA relevancy differs from the UKs DBA approach.
Specifically, in Hong Kong, champerty and maintenance are illegal factors
that can lead to a fine and prison sentence.
It’s important to note that Hong Kong does allow waivers to the general
prohibition of litigation investment if:
1. Third parties share a common interest in funding the outcome of a case.
2. Accessible justice is a prime consideration.
3. Insolvency proceedings are necessary.
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2
xNY.io - Bank.org | Memo #2 - JPMorgan Chase Board of Directors ESG Marketplace Manipulation
by Gunnar Larson 04 Dec '24
by Gunnar Larson 04 Dec '24
04 Dec '24
https://docs.google.com/document/d/1bxERzXknAFfVW3YsDpNB-GPlVoiLAeeBXUrxwOF…
May 1, 2022
BY ELECTRONIC MAIL
Investor Relations
Board of Directors, JPMorgan Chase & Co.
277 Park Avenue
New York, NY 10172-0003
JPMCinvestorrelations(a)jpmchase.com
Re: JPMorgan Chase Board of Directors ESG Marketplace Manipulation
Dear Board of Directors:
xNY.io - Bank.org recently contacted JPMorgan Chase’s board of directors to
communicate our concern(s) that potentially JPMorgan Chase may be engaging
in exploitation of more than $100B of ESG asset liabilities, across
international regulatory arbitrage structures, while headquartered in
Manhattan. Specifically, the duty to promote the success of the company is
that a director must act in the way that she considers, in good faith, and
would be most likely to promote the success of the company for the benefit
of its members as a whole.
-
Failure by a board to adequately consider ESG-related risks,
particularly entity-specific compliance risks such as breach of securities
laws, could serve as the basis for liability of individual directors or
officers for breach of their fiduciary duties.
Given JPMorgan’s five cout felonies, xNY.io - Bank.org is concerned with
your board of director governance in preventing ESG fraud. xNY.io -
Bank.org’s assessment of JPMorgan’s board embraces fundamentals including
liquidity risk and protecting New York ESG cross border innovation from
marketplace manipulation.
-
According to JPMorgan’s August 2021 Sovereigns and ESG whitepaper, the
bank states that governance carries the largest weight of the three ESG
pillars across scores, as it is the most empirically relevant for asset
prices.
-
JPMorgan notes that philosophically, the bank views good governance as a
foundational pillar for positive ESG developments in other pillars.
Today’s memo follows protocol suggested by the United States of America, in
that JPMorgan Chase’s board of directors is responsible to xNY.io -
Bank.org’s enterprise and the Department of the Interior, in connection
with any action alleging a violation of the Endangered Species Act, by any
person (“person” means an individual, corporation, partnership, trust,
association, or any other private entity) claiming the benefit of any
exemption or permit under the Act, who shall have the burden of proving
that the exemption or permit is applicable, or has been granted, and was
valid and in force at the time of alleged violation.
xNY.io - Bank.org has made 91 highlights to the Department of Interior’s
Endangered Species Act for JPMorgan Chase’s board of directors reference.
1.
xNY.io - Bank.org has reason to believe in the JPMorgan Chase board of
directors’ engagement of ESG marketplace manipulation, risking your ESG
portfolio’s future at the cost of New York digital asset innovation.
2.
xNY.io - Bank.org references your 2021 Environmental Social and
Governance Report, totaling $117B of ESG “development funding”
transferred from New York to Caribbean and Eastern European accounts.
3.
xNY.io - Bank.org is concerned of JPMorgan Chase board directors
leveraged marketplace manipulation techniques in allocating ESG funds to
engage in potential harassment (the term "harassment" means any act of
pursuit, torment, or annoyance) of some of the world’s most precious
endangered species protected by domestic and international governance.
4.
JPMorgan Chase’s $2.3B ESG “wind farm” facility is characterized by the
Washington Post as a potential misuse of ESG assets (and board policies)
to fund probable violation(s) of the Marine Mammal Protection Act of 1972.
Looking internationally, xNY.io - Bank.org is concerned of further ESG
marketplace manipulation structures, sacrificing endangered species, via
JPMorgan Chase’s board directed ESG investments in the Caribbean (your
largest ESG investment region). xNY.io - Bank.org signals that JPMorgan’s
board of directors is party to the Convention on Nature Protection and Wild
Life Preservation in the Western Hemisphere.
Being clear, any violation of the Endangered Species Act, the Marine Mammal
Protection Act and/or the Convention on Nature Protection and Wild Life
Preservation in the Western Hemisphere … Requires xNY.io - Bank.org to
consult JPMorgan Chase board members on ESG allocations that may be in
conflict with construction, or other development projects, or other forms
of economic activity.
xNY.io - Bank.org asks JPMorgan Chase board directors to return the
Secretary of Department of the Interior’s approval, confirming licensing
and/or exclusion to the Endangered Species Act, with further authorization
of “harassment” pursuant to exemption(s). Including (if available) a
similar Environmental Protection Agency permit that is applicable and is
valid and in force.
-
Due to the riskiness of ESG portfolio mismanagement in violation of the
Endangered Species Act, ESG marketplace manipulation risk(s) may trigger
causal shocks to New York State monetary and regulatory innovation.
-
According to JPMorgan’s sovereign fund ESG research, “A common complaint
about ESG analysis is that data can be difficult to source. Some sovereign
data is in fact more readily available than corporate data given the
multitude of multinational organizations and NGOs – including the World
Bank, the IMF and the United Nations.”
-
The European Central Bank provides support to the eurozone sovereign
debt market but has more restrictions on what and how much it can buy, so
eurozone bonds can trade with more credit risk premium compared to other
major developed market bonds.
-
Whatever the case may be, JPMorgan disclosures detail significant
concern of lapse in board governance and ESG portfolio risk with potential
violation of the Endangered Species Act, risking ESG portfolio default(s)
in Europe and the United States risking ESG customer financial abuse.
Forbes recently profiles JPMorgan Chase ESG investments as problematic,
highlighting that your board of directors potentially are allocating ESG
proceeds in competition with human rights at the expense of customers’ best
interests while investing heavily in fossil fuels. A letter to JPMorgan
Chase’s board of directors from ESG scholars (including, The Sierra Club,
Public Citizen, Greenpeace, Amazon Watch, Revolving Door Project,
Rainforest Action Network and the Center for International Environmental
Law) suggests the bank would “...lock us into energy sources that are
overly expensive and subject to wild price swings, and that exacerbate
rather than ease global conflict.”
xNY.io - Bank.org aims to protect ESG digital asset innovation and
JPMorgan’s board should understand your proprietary ESG scoring matrix
should signal seismic marketplace manipulation risk if directors are in
potential violation of any Endangered Species Act covenant.
-
Head of Europe, Middle East, and Africa (EMEA) distribution at JP Morgan
Asset Management says, “In Europe, we do not have a semi-transparent
product – like the US and Australia – which would add further complexity to
the trading. For example, the US has several models which make it harder
for the AP to guess what the actual fund looks like and therefore the costs
might be higher accordingly.”
-
Given, JPMorgan may potentially be in breach of United States Endangered
Species Act provisions, similar risk of ESG asset failure(s) may include
Europe, Middle East, Africa and Australia international law, as ratified by
the Convention on International Trade in Endangered Species of Wild Fauna
and Flora.
While directors and officers are likely to be particularly focused on the
risk that they may be found personally liable for a breach of their duties,
proper ESG compliance with fiduciary obligations requires acting to a
higher standard. Given the defenses available to fiduciaries, and the
difficulty in bringing claims for breach of fiduciary duty, a director or
officer found to be liable for such ESG breaches will generally have acted
egregiously. This ‘sliding scale’ of the standards to which directors and
officers should adhere.
Following the Endangered Species Act, xNY.io - Bank.org kindly petitions
JPMorgan’s board of directors, in connection with all ESG investments,
claiming the benefit of any exemption or permit under the United States
Department of the Interior’s Endangered Species Act … Shall have the
burden of proving that an exemption or permit is applicable, or has been
granted, and is valid and in force.
-
At JPMorgan’s earliest convenience (within 60 days of receipt of this
memo) xNY.io - Bank.org kindly requests a certified copy of JPMorgan
Chase’s approval by the Department of the Interior, being a license and/or
exclusion to the Endangered Species Act and/or the Marine Mammal Protection
Act.
-
JPMorgan Chase suggests a commitment to anti-corruption compliance is
central to the success of its business. Your board of directors stand to
maintain that trust by promoting a corporate culture that encourages
ethical business practices and compliance with both the letter and the
spirit of the laws of the countries in which the JPMorgan conducts business.
xNY.io - Bank.org’s research guidance from the United States Securities and
Exchange Commision, supports the international community in taking actions
to address ESG issues on a global basis, and those actions that can have a
material impact on companies.
Future correspondence concerning ESG innovation is at your board’s leisure.
Respectfully yours with appreciation,
Gunnar Larson | xNY.io <http://www.xny.io> - Bank.org <http://bank.org>, PBC
MSc
<https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…>
- Digital Currency
MBA
<https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…>
- Entrepreneurship and Innovation (ip)
G(a)xNY.io +1-646-454-9107
1
12
Meta Platforms, Inc. Board of Directors - USPTO, Digital Assets and Moscow Exchange
by Gunnar Larson 03 Dec '24
by Gunnar Larson 03 Dec '24
03 Dec '24
Dear Meta Board of Directors:
Please find the attached memo
<https://docs.google.com/document/d/1f_fq1GaKNaAUGEyztdm-oMtIuEW2yXj4C5aoN0G…>
addressed
to your attention.
- Today’s correspondence is to kindly submit xNY.io’s overall concern of
Meta Platforms, Inc. and Moscow Exchange mark similarities, specifically,
both marks seemingly resemble a geometric design consisting of two loops
and/orovals touching or intersecting.
xNY.io kindly asks Meta’s Board to respond by Friday, March 25, 2022 at
5:00pm EST.
Respectfully yours,
Gunnar Larson
--
*Gunnar Larson - xNY.io <http://www.xNY.io> | Bank.org <http://Bank.org>*
MSc
<https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…>
- Digital Currency
MBA
<https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…>
- Entrepreneurship and Innovation (ip)
G(a)xNY.io
+1-646-454-9107
New York, New York 10001
1
8
492 Highlights to UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 22-CV-14102-MIDDLEBROOKS DONALD J. TRUMP, Plaintiff, v. HILLARY R. CLINTON, et al., Defendants. ____________________
by Gunnar Larson 01 Dec '24
by Gunnar Larson 01 Dec '24
01 Dec '24
INTRODUCTION
March 24, 2022
158 Highlights:
https://drive.google.com/file/d/1zggK7lgptlZ6Qn11EndzbDloqqVxRifv/view?usp=…
1. In the run-up to the 2016 Presidential Election, Hillary Clinton and her
cohorts
orchestrated an unthinkable plot – one that shocks the conscience and is an
affront to this nation’s democracy. Acting in concert, the Defendants
maliciously conspired to weave a false narrative that their Republican
opponent, Donald J. Trump, was colluding with a hostile foreign
sovereignty.
The actions taken in furtherance of their scheme—falsifying evidence,
deceiving law enforcement, and exploiting access to highly-sensitive data
sources - are so outrageous, subversive and incendiary that even the events
of Watergate pale in comparison.
2. Under the guise of ‘opposition research,’ ‘data analytics,’ and other
political
stratagems, the Defendants nefariously sought to sway the public’s trust.
They worked together with a single, self-serving purpose: to vilify Donald
J. Trump. Indeed, their far-reaching conspiracy was designed to cripple
Trump’s bid for presidency by fabricating a scandal that would
be used to trigger an unfounded federal investigation and ignite a media
frenzy.
3. The scheme was conceived, coordinated and carried out by top-level
officials at the
Clinton Campaign and the DNC—including ‘the candidate’ herself—who
attempted to shield her involvement behind a wall of third parties.1 To
start, the Clinton Campaign and the DNC enlisted the assistance of their
shared counsel, Perkins Coie, a law firm with deep Democrat ties, in the
hopes of obscuring their actions under the veil of attorney-client
privilege. Perkins Coie was tasked with spearheading the scheme to find—or
fabricate—proof of a sinister link between Donald J. Trump and Russia.
To do so, Perkins Coie launched parallel operations: on one front, Perkins
Coie partner Marc Elias led an effort to produce spurious ‘opposition
research’ claiming
to reveal illicit ties between the Trump Campaign and Russian operatives;
on a separate front, Perkins Coie partner Michael Sussmann headed a
campaign to develop misleading evidence of a bogus ‘back channel’
connection between e-mail servers at Trump Tower and a Russian-owned
bank.
4. Marc Elias, in his mission to obtain derogatory anti-Trump ‘opposition
research,’ commissioned Fusion GPS, an investigative firm, and its
co-founders, Peter Fritsch and Glenn Simpson, and directed them to dredge
up evidence—actual or otherwise—of collusion between Trump and Russia.
Fritsch and Simpson, in turn, enlisted the assistance of Orbis Ltd. and its
owner, Christopher Steele, to produce a series of reports purporting to
contain proof of the
supposed collusion. Of course, the now fully debunked collection of
reports, known as the “Steele Dossier,” was riddled with misstatements,
misrepresentations and, most of all, flat out lies. In truth, the Steele
Dossier was largely based upon information provided to Steele by his
primary
sub-source, Igor Danchenko, who was subsequently indicted for falsifying
his claims. Even more damning, Danchenko had close ties to senior Clinton
Campaign official, Charles Halliday Dolan, Jr., who knowingly provided
false information to Danchenko, who relayed it to Steele, who
reported it in the Steele Dossier and eagerly fed the deceptions to both
the media and the FBI. This duplicitous arrangement existed for a singular
self-serving purpose – to discredit Donald J. Trump
and his campaign.
5. At the same time, Michael Sussmann, in his hunt for damaging intel
against the
Trump Campaign, turned to Neustar, Inc., an information technology company,
and one of its top executives, Rodney Joffe, a fervent anti-Trumper who had
recently been promised a high-ranking position with the Clinton
Administration, to exploit their access to non-public data in search of a
secret “back channel” connection between Trump Tower and Alfa Bank. When it
was discovered that no such channel existed, the Defendants resorted to
truly subversive measures – hacking servers at Trump Tower, Trump’s private
apartment, and, most alarmingly, the White House. This
ill-gotten data was then manipulated to create a misleading “inference” and
submitted to law enforcement in an effort to falsely implicate Donald J.
Trump and his campaign.2 All of these acts
were carried out in coordination with the Clinton Campaign and the DNC, at
the behest of certain Democratic “VIPs.”3
6. While their multi-pronged attack was underway, the Defendants seized on
the
opportunity to publicly malign Donald J. Trump by instigating a full-blown
media frenzy. Indeed, the Clinton Campaign and DNC—admittedly on a
“mission” to “raise the alarm” about their contrived Trump-Russia
link4—repeatedly fed disinformation to the media and shamelessly
promoted their false narratives. All the while, Hillary Clinton, Jake
Sullivan, Debbie Wasserman Schultz, and others did their best to
proliferate the spread of those dubious and false claims through
press releases, social media, and other public statements.
7. The fallout from the Defendants’ actions was not limited to the public
denigration
of Trump and his campaign. The Federal Bureau of Investigation
(FBI)—relying on the Defendants’ fraudulent evidence—commenced a
large-scale investigation and expended precious time, resources and
taxpayer dollars looking into the spurious allegation that the Trump
Campaign
had colluded with the Russian Government to interfere in the 2016
presidential election. The effects of this unfounded investigation were
prolonged and exacerbated by the presence of a small faction of Clinton
loyalists who were well-positioned within the Department of Justice and the
FBI
– James Comey, Andrew McCabe, Peter Strzok, Lisa Page, Kevin Clinesmith,
and Bruce Ohr. These government officials were willing to abuse their
positions of public trust to advance the baseless probe to new levels,
including obtaining an extrajudicial FISA warrant and instigating the
commencement of an oversight investigation headed by Special Counsel Robert
Mueller. As a result, Donald J. Trump and his campaign were forced to
expend tens of millions of dollars in legal
fees to defend against these contrived and unwarranted proceedings. Justice
would ultimately prevail – following a two-year investigation, Special
Counsel Mueller went on to exonerate Donald J. Trump and his campaign with
his finding that there was no evidence of collusion with Russia.
8. The full extent of the Defendants’ wrongdoing has been steadily and
gradually exposed by Special Counsel John Durham, who has been heading a
DOJ investigation into the origins of the Trump-Russia conspiracy. To date,
he has already issued indictments to Sussmann and Danchenko, among others,
for proffering false statements to law enforcement officials. As
outlined below, these ‘speaking’ indictments not only implicate many of the
Defendants named herein but also provide a great deal of insight into the
inner-workings of the Defendants’ conspiratorial enterprise. Based on
recent developments and the overall direction of Durham’s
investigation, it seems all but certain that additional indictments are
forthcoming.
9. In short, the Defendants, blinded by political ambition, orchestrated a
malicious
conspiracy to disseminate patently false and injurious information about
Donald J. Trump and his campaign, all in the hopes of destroying his life,
his political career and rigging the 2016 Presidential Election in favor of
Hillary Clinton. When their gambit failed, and Donald J. Trump
was elected, the Defendants’ efforts continued unabated, merely shifting
their focus to undermining his presidential administration. Worse still,
the Defendants continue to spread their vicious lies to this day as they
unabashedly publicize their thoroughly debunked falsehoods in an
effort to ensure that he will never be elected again. The deception,
malice, and treachery
perpetrated by the Defendants has caused significant harm to the American
people, and to the Plaintiff, Donald J. Trump, and they must be held
accountable for their heinous acts.
____________________
BACKGROUND
September 8, 2022
190 Highlights:
https://drive.google.com/file/d/1JUQtPF8f6ckSRHwLcu3S_joyF5xQoA-A/view?usp=…
Plaintiff initiated this lawsuit on March 24, 2022, alleging that “the
Defendants, blinded by political ambition, orchestrated a malicious
conspiracy to disseminate patently false and injurious
information about Donald J. Trump and his campaign, all in the hopes of
destroying his life, his political career and rigging the 2016 Presidential
Election in favor of Hillary Clinton.” (DE 177, Am. Compl. ¶ 9). On this
general premise, Plaintiff brings a claim for violations of the Racketeer
Influenced and Corrupt Organizations Act (“RICO”), predicated on the theft
of trade secrets, obstruction of justice, and wire fraud (Count I). He
additionally brings claims for: injurious falsehood (Count III); malicious
prosecution (Count V); violations of the Computer Fraud and Abuse Act
(“CFAA”) (Count VII); theft of trade secrets under the Defend Trade Secrets
Act of
2016 (“DTSA”) (Count VIII); and violations of the Stored Communications Act
(“SCA”) (Count IX). The Amended Complaint also contains counts for various
conspiracy charges and theories of agency and vicarious liability. (Counts
II, IV, VI, and X–XVI). Plaintiff’s theory of this case, set forth over 527
paragraphs in the first 118 pages of the Amended Complaint, is difficult to
summarize in a concise and cohesive manner.
It was certainly not presented that way. Nevertheless, I will attempt to
distill it here.
The short version: Plaintiff alleges that the Defendants “[a]cting in
concert . . . maliciously conspired to weave a false narrative that their
Republican opponent, Donald J. Trump, was colluding with a hostile foreign
sovereignty.” (Am. Compl. ¶ 1). The Defendants effectuated this
alleged conspiracy through two core efforts. “[O]n one front, Perkins Coie
partner Mark Elias led an effort to produce spurious ‘opposition research’
claiming to reveal illicit ties between the Trump
campaign and Russian operatives.” (Id. ¶ 3).
To that end, Defendant Hillary Clinton and her campaign, the Democratic
National Committee, and lawyers for the Campaign and the Committee
allegedly hired Defendant Fusion GPS to fabricate the Steele Dossier. (Id.
¶ 4). “[O]n a separate
front, Perkins Coie partner Michael Sussman headed a campaign to develop
misleading evidence of a bogus ‘back channel’ connection between e-mail
servers at Trump Tower and a Russian-
owned bank.” (Id.). Clinton and her operatives allegedly hired Defendant
Rodney Joffe to exploit his access to Domain Name Systems (“DNS”) data, via
Defendant Neustar, to investigate and
ultimately manufacture a suspicious pattern of activity between
Trump-related servers and a Russian bank with ties to Vladimir Putin, Alfa
Bank. (Id. ¶ 3). As a result of this “fraudulent evidence,” the Federal
Bureau of Investigations (“FBI”) commenced “several large-scale
investigations,” which were “prolonged and exacerbated by the presence of a
small faction of
Clinton loyalists who were well-positioned within the Department of
Justice”—Defendants James Comey, Andrew McCabe, Peter Strzok, Lisa Page,
Kevin Clinesmith, and Bruce Ohr. (Id. ¶ 7).
And while this was ongoing, the Defendants allegedly “seized on the
opportunity to publicly malign Donald J. Trump by instigating a full-blown
media frenzy.” (Id. ¶ 6). As a result of this “multi-pronged attack,”
Plaintiff claims to have amassed $24 million in damages.1(Id. ¶ 527).
Defendants now move to dismiss the Amended Complaint as “a series of
disconnected political disputes that Plaintiff has alchemized into a
sweeping conspiracy among the many individuals Plaintiff believes to have
aggrieved him.” (DE 226 at 1). They argue that dismissal is
warranted because Plaintiff’s claims are both “hopelessly stale”—that is,
foreclosed by the applicable statutes of limitations—and because they fail
on the merits “in multiple independent respects.” (Id. at 2). As they view
it, “[w]hatever the utilities of [the Amended Complaint] as a fundraising
tool, a press release, or a list of political grievances, it has no merit
as a lawsuit.” (Id.).
I agree. In the discussion that follows, I first address the Amended
Complaint’s structural deficiencies. I then turn to subject matter
jurisdiction and the personal jurisdiction arguments raised by certain
Defendants. Finally, I assess the sufficiency of the allegations as to each
of the
substantive counts.
____________________
BACKGROUND
October 31, 2022
25 Highlights:
https://drive.google.com/file/d/1QynNCV7iSPi-8b6dt605jmFTTNSaXtuD/view?usp=…
PlaintifP’s pleadings and theories were obviously and fatally defective
from the very
inceptionof this action. Plaintiff's initial Complaint spanned 108 pages
and S08 paragraphs. DE 1 (March 24, 2022). It named 28 individual
defendants, as well as 10 John Does and 10 ABC Corporations. /d.
Less than a month after the Complaint was filed, Hillary Clinton moved to
dismiss it with prejudice. DE 52 (Apr. 20,2022). Defendant Clinton’s motion
identified manyofthe fundamentalfactual deficiencies and legal flaws that
would ultimately lead this Court to dismiss the Amended
Complaint: namely, (1) that Plaintifs claims were untimely on their face,
DE 52 at 1-5; (2) that Plaintiff's own tweets confirmed his knowledge ofhis
supposed claimsno later than October 2017, DE 52 at 2-3; (3) that
Plaintiffs Complaint was replete with inadequate and conclusory
allegations, DE 52 at 6; (4) that Plaintiff failed to allege a RICO
enterprise, DE 52 at 7; (5) that
Plaintiff failed to allege the predicate act of theft of trade secrets
based on DNS information, DE 52 at 8-9; (6) thatPlaintifffailedtoallege the
predicate act ofobstructionofjustice in part because
he identified no “official proceeding,” DE 52 at 9-10; (7) that Plaintiff
failed to allege a patter of racketeering activity, DE 52 at 11-12; (8)
that Plaintiff failed to adequately allege RICO standing because his
supposed injuries were almostentirely undescribed, DE 52.at 12-14; (9) that
Plaintiffs injurious falsehood claim was barred by the First Amendment, DE
52 at 15-17; (10) that Plaintiff failed to allege almost every necessary
clementof injurious falsehood under Florida law, DE 52 at
17-18; (11) that Plaintiff failed to allege a malicious prosecution claim
as to any official proceeding and, in particular, as to the properly
predicated Crossfire Hurricane investigation, DE 52 at 19-20; and (12) that
Plaintiff failed to allege a claim for “agency” because it is not an
independent cause of action under Florida law.
In response, Plaintiff's counsel indicated that they planned to amend the
Complaint. DE 66 (Apr. 21, 2022). Defendant Clinton did not oppose
counsel's request for an extension of time in whichto amend. See, e.g., DE
102 (Apr. 27,2022). In the intervening period, other Defendants
joined Clinton's motion to dismiss and filed their own motions
alertingPlaintiff and his counsel to additional fatal defects in the
Complaint. See DE 124 (John Podesta), 139 (Peter Fritsch, Fusion GPS, Glenn
Simpson); 141 (DNC Services Corporation, Democratic National Committee,
Debbie Wasserman Schultz); 143 (Perkins Coie); 144 (Nellie Ohr); 145 (Robby
Mook): 146 (Michael
Sussmann); 147 (Mare Elias); 149 (HFACC); 157 (Rodney Joffe); 159 (Igor
Danchenko); 160 (Neustar, Inc.); 162 & 163 (Charles Halliday Dolan, Jr.);
165 (Jake Sullivan). With respect to each motion, Plaintiff's counsel
indicated that they planned to amend in response to the motions, and
Defendants did not oppose extensionsof time to allow them to do so. See DE
153 (May 17,2022). PlaintifP’s counsel filed the Amended Complaint
approximately two months after receiving Defendant Clinton’s motion to
dismiss and with the benefit of Defendants” additional motions in
the interim. DE 177 (June 21, 2022). “But despite this briefing, PlaintifPs
Amended Complaint failed to cureanyofthe deficiencies.”DE 267 at 63-64
(Sept. 8, 2022) (“0p.”). “Instead, Plaintiff added eighty new pages of
largely irrelevant allegations that did nothing to salvage the legal
sufficiency of his claims.” Op. at 64. The Amended Complaint is “193 pages
in length, with 819 numbered paragraphs,” and “contains 14 counts, names 31
defendants, 10 “John Does” described as fictitious and unknown persons, and
10 *ABC Corporations’ identified as fictitious and
unknown entities.” Op. at 4.
____________________
BACKGROUND
November 10, 2022
66 Highlights:
https://drive.google.com/file/d/1ppCsJe6sSJKIionWtII4rI4qRMbKzBn3/view?usp=…
The Complaint. In March 2022, Charles Dolan was among 29 defendants
initially sued by Mr. Trump. (DE 1). He was identified as a former chairman
of the DNC, a senior official in the Clinton Campaign, and a close
associate of and advisor to Hillary Clinton. The Complaint alleged
that in April 2016, Mr. Dolan participated in discussions about the
creation of a “dossier” to smear Mr. Trump and disseminate false
accusations to the media (Compl. ¶ 79), and at the direction of
Ms. Clinton assisted in preparation of the dossier (Compl. ¶ 81). According
to the Complaint, an allegation contained within the dossier that Mr. Trump
engaged in salacious sexual activity in a
Moscow hotel was derived from Mr. Dolan. (Compl. ¶ 91). Mr. Dolan was sued
for RICO
conspiracy (Count II), conspiracy to commit injurious falsehood (Count IV),
and conspiracy to
commit malicious prosecution (Count VI).
The Warning Letter. On May 31, 2022, counsel for Mr. Dolan wrote the
attorneys for Mr. Trump. They warned:
1. That Mr. Dolan had no role in any conspiracy related to the Steele
dossier.
2. That Mr. Dolan was not a source for the allegations of sexual activity.
3. That Mr. Dolan had not been in contact with any defendant other than
Igor Danchenko,
and that Mr. Dolan’s contacts with Mr. Danchenko involved business
interests and help for a conference in Moscow.
4. That Mr. Dolan had never been chairman of the DNC.
5. That Ms. Clinton was on record through a spokesperson as stating she had
no recollection of Mr. Dolan.
(DE 268-1).
The letter requested that Mr. Dolan not be named as a defendant in any
forthcoming
Amended Complaint. The letter further warned that if he were to be named,
or if he was not dropped from the original Complaint, Rule 11 sanctions
would be sought.
The Amended Complaint. On June 21, 2022, Plaintiff filed an Amended
Complaint, as
had been expected. It ballooned to 193 pages, 819 paragraphs and 31
defendants. With respect to Mr. Dolan, the allegations remained essentially
the same. But in the Amended Complaint, Mr. Dolan was identified somewhat
more vaguely as the former chairman of a “national Democratic
political organization.” (Am. Compl. ¶ 96). Elsewhere, he was described as
a “senior Clinton Campaign Official.” (Am. Compl. ¶ 4). Moreover, and
somewhat inexplicably, Mr. Dolan was identified in the Amended Complaint as
a citizen and resident of New York, despite a declaration that Mr. Dolan
had provided to Plaintiff’s lawyers explaining that Mr. Dolan was a
resident of
Virginia. (Am. Compl. ¶ 20; DE 268-2).
The Sanctions Motion and Memorandum. On July 15, 2022, Mr. Dolan served on
Mr.
Trump’s lawyers a motion seeking sanctions pursuant to Rule 11. The motion
pointed out that the change in Mr. Dolan’s purported title from “former
chairman of the DNC” in the original Complaint to “former chairman of a
national Democratic political organization,” in the Amended Complaint did
not solve the problems identified in the warning letter because Mr. Dolan
had never
been the chairman of any such organization. The motion further explained
that Mr. Dolan’s role in the Clinton Campaign was limited to knocking on
doors as a volunteer. The motion also stated
that Mr. Dolan had never been a resident of New York, that Mr. Dolan had
told Plaintiff’s lawyers so, and that the allegations of the Amended
Complaint to that effect demonstrated a lack of diligence over something
easily checked.
Mr. Dolan’s motion for sanctions went on to place the Trump lawyers on
notice of a critical failure in their claims, warning them that the
Danchenko Indictment referenced throughout the Amended Complaint not only
failed to support their allegations against Mr. Dolan but contradicted
them. That warning continues to be unheeded.
____________________
BACKGROUND
January 19, 2023
53 Highlights:
https://drive.google.com/file/d/1sf0y-bIBdwaa1PO0Y3hKWhhImoXXCfbR/view?usp=…
Plaintiff initiated this lawsuit on March 24, 2022, alleging that “the
Defendants, blinded by political ambition, orchestrated a malicious
conspiracy to disseminate patently false and injurious information about
Donald J. Trump and his campaign, all in the hope of destroying his life,
his
political career, and rigging the 2016 Presidential Election in favor of
Hillary Clinton.” (DE 1 ¶ 9).
The next day, Alina Habba, Mr. Trump’s lead counsel told Fox News’ Sean
Hannity:
You can’t make this up. You literally cannot make a story like this up . .
. and President Trump is just not going to take it anymore. If you are
going to make up lies, if you are going to try to take him down, he is
going to fight you back. And that is what this is, this is the beginning of
all that.1 She then explained on Newsmax: What the real goal [of the suit]
is, is democracy, is continuing to make sure that our elections, continuing
to make sure our justice system is not obstructed by political enemies.
That cannot happen. And that’s exactly what happened. They obstructed
justice. They
continued the false narrative . . . This grand scheme, that you could not
make up, to take down an opponent. That is un-American.2
On April 20, 2022, less than a month after the Complaint was filed, Hillary
Clinton moved for dismissal with prejudice. Her motion identified
substantial and fundamental factual and legal flaws. Each of the other
Defendants followed suit, pointing to specific problems with the claims
against them. The problems in the Complaint were obvious from the start.
They were identified by the Defendants not once but twice, and Mr. Trump
persisted anyway.
Despite this briefing and the promise “to cure any deficiencies,”
Plaintiff’s counsel filed the Amended Complaint on June 21, 2022. (DE 177).
The Amended Complaint failed to cure any of the defects. See DE 267, Order
of Dismissal (September 8, 2022). Instead, Plaintiff added
eighty new pages of largely irrelevant allegations that did nothing to
salvage the legal sufficiency of his claims. (DE 267 at 64). The Amended
Complaint is 193 pages in length, with 819 numbered paragraphs, and
contains 14 counts, names 31 defendants, 10 John Does described as
fictitious and unknown persons, and 10 ABC Corporations identified as
fictitious and unknown entities.
On July 14, 2022, the United States moved pursuant to the Westfall Act, 28
U.S.C. § 2679 (d)(i), to substitute itself as Defendant for James Comey,
Andrew McCabe, Peter Strzok, Lisa Page, and Kevin Clinesmith. (DE 224). On
July 21, 2022, I granted the motion to substitute. (DE 234).
On September 8, 2022, I dismissed the case with prejudice as to all
Defendants except for the United States.
3 I issued a detailed and lengthy Order, which I incorporate by reference
here.
(DE 267). I found that fatal substantive defects which had been clearly
laid out in the first round of briefing, precluded the Plaintiff from
proceeding under any of the theories presented. I found that the Amended
Complaint was a quintessential shotgun pleading, that its claims were
foreclosed by existing precedent, and its factual allegations were
undermined and contradicted by the public reports and filings upon which it
purported to rely. I reserved jurisdiction to adjudicate issues
pertaining to sanctions.
Undeterred by my Order and two rounds of briefing by multiple defendants,
Ms. Habba
continued to advance Plaintiff’s claims. In a September 10, 2022, interview
with Sean Hannity, the host asked her “Why isn’t [Hillary Clinton] being
held accountable for what she did?” Ms. Habba’s response reiterated
misrepresentations on which this lawsuit was based:
Because when you have a Clinton judge as we did here, Judge Middlebrooks
who I had asked to recuse himself but insisted that he didn’t need to, he
was going to be impartial, and then proceeds to write a 65-page scathing
order where he basically ignored every factual basis which was backed up by
indictments, by investigations, the Mueller report, et cetera, et cetera,
et cetera, not to mention Durham, and all the testimony we heard there, we
get dismissed.
Not only do we get dismissed, he says that this is not the proper place for
recourse for Donald Trump. He has no legal ramifications.
Where what [sic] is the proper place for him? Because the FBI won’t help
when you can do anything, obstruct justice, blatantly lie to the FBI,
Sussmann’s out, he gets acquitted, where do you go?
That’s the concern for me, where do you get that -- that recourse?4 She
also indicated that, while Mr. Trump doubted the suit would succeed, she
nevertheless “fought” to pursue it: You know, I have to share with you a
story, Sean, that I have not
shared with anybody. The recourse that I have at this point is obviously to
appeal this to the 11th Circuit as Gregg said. But when
I brought this case and we were assigned you know, this judge and we went
through the recusal process, we lost five magistrates, including Reinhart
[sic] who’s dealing with the boxes as we know.
The former president looked at me and he told me, you know what Alina.
You’re not going to win. You can’t win, just get rid of it,
don’t do the case. And I said, no, we have to fight. It’s not right what
happened. And you know, he was right, and it’s a sad day for
me personally because I fought him on [it] and I should have listened, but
I don’t want to lose hope in our system. I don’t. So,
you know I’m deciding whether we’re going to appeal it.5 Defendants now
move to recover attorneys’ fees and costs under Fed. R. Civ. P. 11, 28
U.S.C. § 1927, the Defend Trade Secrets Act, and/or this Court’s inherent
power. (DE 280 at 1).
In Part II, I find that a sanction under this Court’s inherent power is
appropriate. I do so by examining Plaintiff’s (and his lawyers’) conduct
throughout this litigation. In Part III, I look to Plaintiff’s conduct in
other cases. And in Part IV, I determine the reasonableness of Defendants’
attorneys’ fees and costs.
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