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Miley Says Claims That 'Flowers' Copied Bruno Mars Are DOA
by Gunnar Larson 25 Nov '24

25 Nov '24

Miley Says Claims That 'Flowers' Copied Bruno Mars Are DOA <https://www.law360.com/newyork/articles/2264678?nl_pk=ac5a3855-e47c-4403-be…> By Ivan Moreno Miley Cyrus has asked for the dismissal of a complaint from a music investment company that alleges she ripped off Bruno Mars' "When I Was Your Man" to create her hit "Flowers," arguing the plaintiffs lack standing because they do not own exclusive copyright rights to Mars' song. 2 documents attached | Read full article » <https://www.law360.com/newyork/articles/2264678?nl_pk=ac5a3855-e47c-4403-be…> | Save to favorites » <https://www.law360.com/newyork/articles/2264678?nl_pk=ac5a3855-e47c-4403-be…>

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The Future Of Wells Fargo' Sues For Sex Discrimination
by Gunnar Larson 25 Nov '24

25 Nov '24

The Future Of Wells Fargo' Sues For Sex Discrimination <https://www.law360.com/newyork/articles/2264596?nl_pk=ac5a3855-e47c-4403-be…> By Rae Ann Varona Wells Fargo's former global head of resiliency and continuity sued for gender discrimination in New York federal court on Thursday, saying that despite once being celebrated as "the future of Wells Fargo," her boss repeatedly favored male employees over her and other female employees. Complaint attached | Read full article » <https://www.law360.com/newyork/articles/2264596?nl_pk=ac5a3855-e47c-4403-be…> | Save to favorites » <https://www.law360.com/newyork/articles/2264596?nl_pk=ac5a3855-e47c-4403-be…>

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Trump Sentencing Halted To Weigh President-Elect's Immunity
by Gunnar Larson 25 Nov '24

25 Nov '24

Trump Sentencing Halted To Weigh President-Elect's Immunity <https://www.law360.com/newyork/articles/2264638?nl_pk=ac5a3855-e47c-4403-be…> By Frank G. Runyeon The New York state judge who oversaw Donald Trump's hush money trial officially canceled his Nov. 26 sentencing date Friday to weigh the impact of his new status as president-elect, pushing briefing into December. Order attached | Read full article » <https://www.law360.com/newyork/articles/2264638?nl_pk=ac5a3855-e47c-4403-be…> | Save to favorites » <https://www.law360.com/newyork/articles/2264638?nl_pk=ac5a3855-e47c-4403-be…>

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MPs To Probe UK Pensioner Poverty Amid Rising Costs
by Gunnar Larson 25 Nov '24

25 Nov '24

MPs To Probe UK Pensioner Poverty Amid Rising Costs <https://www.law360.co.uk/financial-services-uk/articles/2264506?nl_pk=a94fc…> By Sam Tabahriti A cross-party parliamentary committee on Friday launched an inquiry into pensioner poverty in the U.K., seeking views on which measures have been most effective in addressing the cost of living for retirees. Read full article » <https://www.law360.co.uk/financial-services-uk/articles/2264506?nl_pk=a94fc…> | Save to favorites » <https://www.law360.co.uk/financial-services-uk/articles/2264506?nl_pk=a94fc…>

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Fwd: Editor's Pick: Elon Musk Joins Trump-Google Call
by Gunnar Larson 25 Nov '24

25 Nov '24

Teacher Stern Cleared Of Rules Breach Over Client Payments <https://www.law360.co.uk/financial-services-uk/articles/2264561?nl_pk=a94fc…> By Ronan Barnard Teacher Stern LLP and two partners were cleared by a London disciplinary tribunal on Friday of breaching legal accounting rules and ethical regulations by allowing clients to transfer money that was not related to an underlying legal transaction or service. Read full article » <https://www.law360.co.uk/financial-services-uk/articles/2264561?nl_pk=a94fc…> | Save to favorites » <https://www.law360.co.uk/financial-services-uk/articles/2264561?nl_pk=a94fc…> ---------- Forwarded message --------- From: The Information <hello(a)theinformation.com> Date: Sun, Nov 24, 2024, 5:26 PM Subject: Editor's Pick: Elon Musk Joins Trump-Google Call To: <g(a)xny.io> When Google CEO Sundar Pichai called Donald Trump to congratulate him on his election victory, there was an unexpected participant on the line: Elon Musk. The CEO of Tesla, xAI, and several other companies joined the call, marking the first known instance of Musk participating in conversations between Trump and a tech leader. Greetings, When Google CEO Sundar Pichai called Donald Trump to congratulate him on his election victory, there was an unexpected participant on the line: Elon Musk. The CEO of Tesla, xAI, and several other companies joined the call, marking the first known instance of Musk participating ... [image: The Information] <https://e.customeriomail.com/e/c/eyJlbWFpbF9pZCI6ImRnU2kwUVlEQU8yWGxBSHNsNV…> Greetings, When Google CEO Sundar Pichai called Donald Trump to congratulate him on his election victory, there was an *unexpected participant on the line: Elon Musk* <https://www.theinformation.com/articles/musk-joined-call-between-trump-goog…>. The CEO of Tesla, xAI, and several other companies joined the call, marking the first known instance of Musk participating in conversations between Trump and a tech leader. Musk’s presence wasn’t just a surprise for Pichai—it’s a signal of his growing influence as a trusted advisor to Trump. With antitrust battles and policy discussions on AI and energy ahead, *Musk’s rivalry with Google* <https://www.theinformation.com/articles/musk-joined-call-between-trump-goog…> in sectors like AI, robotaxis, and video could play a pivotal role in shaping these conversations. *Why it caught my eye*: - Musk’s participation highlights the intersection of tech and politics at the highest level. - His direct competition with Google adds another layer of complexity. - The looming Justice Department case against Google and its potential implications for the industry make this a must-watch storyline. You can *read Erin Woo’s full story* <https://www.theinformation.com/articles/musk-joined-call-between-trump-goog…> to explore what this could mean for the tech landscape in 2025 and beyond. Best, Jessica Lessin Founder & Editor-in-Chief <https://www.theinformation.com/articles/musk-joined-call-between-trump-goog…> *Musk Joined Call Between Trump, Google CEO* <https://www.theinformation.com/articles/musk-joined-call-between-trump-goog…> When Google CEO Sundar Pichai called Donald Trump to congratulate the president-elect on winning the election, a guest was on the line: Elon Musk, the CEO of Tesla, xAI and other companies, according to two people familiar with the situation. Musk’s appearance took Pichai by surprise, one of these people said. *Subscribe and read more* <https://www.theinformation.com/subscribe?offer=editors-pick-2024&cio_link_i…> Follow us [image: X] <https://e.customeriomail.com/e/c/eyJlbWFpbF9pZCI6ImRnU2kwUVlEQU8yWGxBSHNsNV…> [image: LinkedIn] <https://e.customeriomail.com/e/c/eyJlbWFpbF9pZCI6ImRnU2kwUVlEQU8yWGxBSHNsNV…> [image: Facebook] <https://e.customeriomail.com/e/c/eyJlbWFpbF9pZCI6ImRnU2kwUVlEQU8yWGxBSHNsNV…> [image: Facebook] <https://e.customeriomail.com/e/c/eyJlbWFpbF9pZCI6ImRnU2kwUVlEQU8yWGxBSHNsNV…> [image: Instagram] <https://e.customeriomail.com/e/c/eyJlbWFpbF9pZCI6ImRnU2kwUVlEQU8yWGxBSHNsNV…> Sent to g(a)xny.io <g@xny.io?utm_campaign=Editors_Pick_Email+%5B&utm_content=6145&utm_medium=email&utm_source=cio&utm_term=4200> | Help <https://e.customeriomail.com/e/c/eyJlbWFpbF9pZCI6ImRnU2kwUVlEQU8yWGxBSHNsNV…> | Unsubscribe <https://e.customeriomail.com/e/c/eyJlbWFpbF9pZCI6ImRnU2kwUVlEQU8yWGxBSHNsNV…> View this email online <https://e.customeriomail.com/deliveries/dgSi0QYDAO2XlAHsl5QBAZNgPphSU1wQXtU…> The Information · One Post Street, Suite 1050, <https://www.google.com/maps/search/Post+Street,+Suite+1050,++San+Francisco+…>San Francisco <https://www.google.com/maps/search/Post+Street,+Suite+1050,++San+Francisco+…>, CA 94104 <https://www.google.com/maps/search/Post+Street,+Suite+1050,++San+Francisco+…>

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Teacher Stern Cleared Of Rules Breach Over Client Payments
by Gunnar Larson 25 Nov '24

25 Nov '24

Teacher Stern Cleared Of Rules Breach Over Client Payments <https://www.law360.co.uk/financial-services-uk/articles/2264561?nl_pk=a94fc…> By Ronan Barnard Teacher Stern LLP and two partners were cleared by a London disciplinary tribunal on Friday of breaching legal accounting rules and ethical regulations by allowing clients to transfer money that was not related to an underlying legal transaction or service. Read full article » <https://www.law360.co.uk/financial-services-uk/articles/2264561?nl_pk=a94fc…> | Save to favorites » <https://www.law360.co.uk/financial-services-uk/articles/2264561?nl_pk=a94fc…>

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Imprisoned Oligarch Asks UK Court To Hear Conspiracy Claim
by Gunnar Larson 25 Nov '24

25 Nov '24

Imprisoned Oligarch Asks UK Court To Hear Conspiracy Claim <https://www.law360.co.uk/financial-services-uk/articles/2264526?nl_pk=a94fc…> By Lucia Osborne-Crowley Lawyers for an oligarch imprisoned in Russia told a London court Friday that he was entitled to pursue litigation against pipeline giant Transneft in England, rather than Russia as the company wants, because a "not insignificant" proportion of the damage in the case was incurred in England. Read full article » <https://www.law360.co.uk/financial-services-uk/articles/2264526?nl_pk=a94fc…> | Save to favorites » <https://www.law360.co.uk/financial-services-uk/articles/2264526?nl_pk=a94fc…>

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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 24 Nov '24

24 Nov '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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Adrienne Harris Is Crypto’s Most Powerful Regulator
by Gunnar Larson 24 Nov '24

24 Nov '24

THE MONEY GAME MAR. 30, 2022 Crypto’s Most Powerful Regulator Is Here Adrienne Harris, New York’s financial watchdog, has enormous sway over the industry’s future. By Kevin T. Dugan, staff writer at Intelligencer, who covers money and business Photo: Victor Llorente Thirteen years after the birth of cryptocurrency, it was supposed to be time for Washington to rein it in. Instead, the White House punted, and the Securities and Exchange Commission is still hashing out how it’s going to oversee the $2 trillion industry. State watchdogs have filled that vacuum, making Adrienne Harris, the head of the New York State Department of Financial Services, by default the most powerful crypto regulator in the country. While states such as Florida and Wyoming have adopted a laissez-faire approach to regulation, attracting a sizable chunk of the booming industry, more money and jobs are still flowing into New York than any other city, making it the de facto crypto capital of the U.S. “There’s a misconception that having rigorous regulation turns off innovative companies,” Harris tells me during an hour-long interview at her office looking out onto the Statue of Liberty last month. “That hasn’t been our experience here.” Sign up for Dinner Party A lively evening newsletter about everything that just happened. SIGN UP Harris was tapped as the first Black woman to lead DFS last year. She came into her position after a turn working in Silicon Valley and representing Wall Street banks, a résumé that critics have used to paint her as too close to the industries she is regulating. She’s eager to dispel any criticism that she’s soft as a regulator, especially when it comes to crypto. Harris says she’s looking to expand the agency’s remit, hire new regulators, and possibly watch over lending and asset management in decentralized finance, a.k.a. DeFi, one of the fastest-growing crypto industries, which has been prone to very large hacks. The agency’s power over the industry lies mostly with the BitLicense, a required if unloved permit for crypto exchanges to operate within state lines. When it was first introduced in 2014, it was meant to be a model for the country, but the crypto industry has attacked the license for being too strict, limiting what people can trade, and requiring expensive anti-money-laundering operations, which, it should be noted, most traditional financial institutions are required to maintain. For Harris, the problem isn’t that it’s too restrictive — it’s that the process of getting one, which has stretched years for some companies, is too slow. “If you think about the companies that are BitLicensees, and even the companies in the queue, having the imprimatur of ‘Have you passed regulatory muster with a stringent regulatory regime?’ — I think the good actors see that as a good thing,” she says. Created in 2011, DFS has been a regulator feared more than any of its counterparts in other states for the power it has over banks, insurance companies, and a host of other financial institutions. It brought ambitious money-laundering cases against banks like BNP Paribas (a settlement that resulted in several bankers losing their jobs), fined Deutsche Bank for its relationship with Jeffrey Epstein, and levied a $2.5 million fine on the National Rifle Association for selling its so-called murder insurance in the state. “DFS has a lot of teeth, and the sky’s the limit if the agency is exercised properly,” says state Sen. John Liu of Queens, a member of the state finance committee. “DFS compelled multinational banks to cough up $15 billion. We were able to build a couple bridges with that money. We still have much infrastructure in the state of New York that might benefit from DFS’s vigorous functions.” But part of DFS’s mandate is to keep the state’s economy healthy, a balancing act when it means protecting consumers from predatory, but also lucrative, companies. “For me, it’s an opportunity to bring my lived experience as a woman of color,” Harris says. So far, she has established the agency’s first climate division, frozen fees for check-cashing businesses that target the poor, and looked into non-bank lenders for evidence of redlining. “It’s important to me that those voices are at the table and being heard,” she says. “I bring a sort of pragmatism. It’s one thing to sit in our offices with nice views and make policy, but it’s another thing, in my mind, to really run the water through the pipes.” In 2008, Harris joined Sullivan & Cromwell, a law firm so close with Goldman Sachs that it has long sent its lawyers to work in-house at the investment bank. It was there that she worked for H. Rodgin “Rodge” Cohen, then the law firm’s chairman and the so-called trauma surgeon of Wall Street. Cohen remembers Harris working late into the night writing near-flawless memorandums so they’d be ready on his desk in the morning. “She just brought what I’d call a penetrating intelligence to the problems that were at hand,” Cohen tells me. “Many of the problems we get, you cannot just look up the answer in a book. It’s a question of judgment and trying to apply rules written often for other circumstances.” Still, it was clear that corporate law wasn’t for her. “Her heart was really in public service,” he says. From there, she went on to work for the Treasury Department, then the Obama White House, where she focused on policies around the then-upstart fintech industry. After the administration turned over, Harris took a spin through the revolving door between government and business. Her New York financial-disclosure forms show a superabundance of work with the tech and finance industries: She sat on the boards of six companies and nonprofits, including LendingClub, which had recently settled with the Federal Trade Commission over claims it had misled users on fees. She also advised 11 companies, owned two, and invested in or on behalf of two others. “I just thought, well, if you’re going to make policy about it, you should do the thing — run the company, build the company,” she says. “At the time, I felt very comfortable going to a start-up because I thought, well, coming out of government, you’re not making a ton of money. And if this start-up blows up, I’ll probably be no worse off, financially speaking.” It seems Harris did well enough. One real-estate tech company at which she worked went public last summer, and Harris appears to have cashed out. Since the disclosures were for 2020, they didn’t include her stake in Forethought, a private A.I.-based customer-service company that announced in December that it had attracted such investors as Harris, Ashton Kutcher, and Gwenyth Paltrow. When I asked her about Forethought, Harris said her investment in the company predated her time at DFS, that all her investments are now in a blind trust, and that she would recuse herself from any dealings with companies she has conflicts with. So when Hochul appointed Harris to lead DFS, she was attacked by the left. Zephyr Teachout and Cynthia Nixon both criticized Harris as being insufficiently independent, thanks to her connections in tech and finance. The American Prospect dug up a speech in which she characterized regulators as looking for “no-nos” and “icky things.” Harris has also advised the cash-advance companies Earnin, Brigit, and SmartWage (based in South Africa), according to her disclosures. In 2019, DFS led a multi-state investigation into the cash-advance industry over whether they created debt traps and state banking and anti-usury laws, since equivalent interest rates for the fees they charged would reach as high as 469 percent. A person directly familiar with the investigation told me that Harris’s predecessor was presented with multiple options for furthering the investigation, including reaching a settlement, but ultimately never made a decision. DFS wouldn’t comment. So, of all the companies to work for, why them? “My role, when I was working with those companies, was not to dictate price pricing or business model. It was more to say: Here’s how regulators would view this. Here’s why you should engage with them. Let me help you engage with them and figure out these issues and how you can also serve customers. Less pricing and business model, but, as an adviser who’s not in the day-to-day, helping to sort of guide a culture and mentality,” she says. Did she disagree with those arguing that these companies created debt traps for consumers? “I think it’s hard to paint with a broad brush,” she says. “I think we should always always be careful with any new products and services, that they are affordable and non-predatory, not creating debt traps, and that they’re solving a real problem for consumers. And I think some do that and some don’t.” Last summer, after Andrew Cuomo resigned as governor, many of his appointees went with him, including then-superintendent of DFS, Linda Lacewell. Soon Harris’s old boss, Cohen, had recommended her to Kathryn Wylde, the president and CEO of the Partnership for New York, a business-advocacy group that has advised DFS. “The folks at Sullivan & Cromwell thought that Adrienne would be a terrific candidate to field for that job given her eight years of experience in the Obama administration and the fact that she was somebody who understood industry,” Wylde says. “On the theory that a regulator should know something about the industries they’re regulating — which may be a novel concept but struck me as a valid one — I thought she sounded like a terrific candidate.” Harris sailed through her confirmation, with 63 senators voting for her and nine against. “When the regulated are complaining that the regulator is being too aggressive, that generally means the regulator is doing their job.” said Michael Gianaris, the state senator from Queens who voted against Harris’s nomination and, in 2019, tanked Amazon’s proposed HQ2 in New York. “Cuomo was a prick, and the people he appointed tended to share his bare-knuckles approach to the world. In some cases, that’s actually not a bad thing.” While the crypto industry doesn’t appear to be getting the reprieve it had been hoping for, other industries will surely lobby Harris to make similar gestures toward the business community. For instance, Wylde says that insurance companies are hoping that Harris will lower the reserves they are required to have on hold, which they claim are higher than what’s required by other states. “There are some long-standing issues that the industry has that they feel that they’ve got a fresh start on with Adrienne’s leadership,” she says. Still, crypto is going to play a major part in how Harris’s tenure is defined. “It’s clear that New York is doing well now and the companies that came and started here five to ten years ago are doing well,” says Matt Homer, a former deputy superintendent at DFS and the current executive-in-residence at the venture-capital fund NYCA Partners. “It’s not totally clear what the future will look like five to ten years from now.” New York is the home base for major exchanges such as Coinbase and Gemini, and it’s also home to shady NFT front-running scandals and alleged rapping billionaire money launderers. That such a volatile industry could implode and damage New York’s economy is apparent. “I understand that other states may have gone the opposite way of the BitLicense, but there are things we can do here in New York that will hopefully inform the federal regulators as they continue to think about this space,” Harris said. “It’s a new world with crypto, with DeFi, with NFTs.” SIGN UP FOR THE INTELLIGENCER NEWSLETTER Daily news about the politics, business, and technology shaping our world. Email SIGN UP TAGS: THE MONEY GAME CRYPTOCURRENCY LEAVE A COMMENT 12/12/2022 CRIME Sam Bankman-Fried Has Been Arrested in the Bahamas By Kevin T. Dugan The disgraced FTX founder is facing charges from both the Justice Department and the S.E.C. 12/12/2022 POLITICS Twitter’s Former Safety Head Forced From Home After Being Smeared by Elon Musk By Chas Danner Former Twitter executive Yoel Roth and his family have reportedly faced a torrent of harassment and threats after Elon Musk’s false claims. 12/12/2022 WHAT WE KNOW How Big Is the U.S. Fusion Breakthrough? By Chas Danner The Department of Energy’s Lawrence Livermore National Laboratory has reportedly achieved a historic milestone in nuclear fusion. MOST POPULAR The ‘Twitter Files’ Is What It Claims to Expose By ERIC LEVITZ Twitter’s Former Safety Head Forced From Home After Being Smeared by Elon Musk By CHAS DANNER How Big Is the U.S. Fusion Breakthrough? By CHAS DANNER Red-Pilled Elon Musk Still Loves the Chinese Communist Party By JONATHAN CHAIT Elon Musk Gets Loudly Booed at Chappelle Comedy Show By BENJAMIN HART 12/12/2022 EARLY AND OFTEN Here Come the Trump 2024 Alternatives By Ed Kilgore A crop of presidential hopefuls represent Republican fantasies of something better for them than a Trump-Biden rematch. 12/12/2022 POLITICS Scott Stringer Files Defamation Suit Against Harassment Accuser By Nia Prater The former comptroller is suing lobbyist Jean Kim, alleging that her accusations against him were defamatory. 12/12/2022 LOS ANGELES L.A. Councilman Calls Guy He Fought Last Week ‘Hostile Individual’ By Matt Stieb Kevin de León, who was caught making racist remarks on a recording earlier this year, did not apologize after a scuffle with a protester on Friday. 12/12/2022 THE MONEY GAME Now That FTX Is Toast, Is Binance Too Big To Fail? By Kevin T. Dugan The Justice Department is weighing criminal charges against the world’s biggest crypto exchange. 12/12/2022 THE NATIONAL INTEREST Red-Pilled Elon Musk Still Loves the Chinese Communist Party By Jonathan Chait The Twitter owner may hate the left, but he does admire Leninism. 12/12/2022 ELON MUSK Elon Musk Gets Loudly Booed at Chappelle Comedy Show By Benjamin Hart “It sounds like some of the people you fired are in the audience.” 12/12/2022 POLITICS Jay Jacobs Has Few Regrets and No Apologies By Nia Prater Despite a bruising midterm, the Democratic boss isn’t going anywhere, to the frustration of critics. 12/10/2022 THE MEDIA The ‘Twitter Files’ Is What It Claims to Expose By Eric Levitz The purported exposé of Twitter’s political bias is itself an attempt to weaponize control of Twitter for political purposes. 12/9/2022 BRITTNEY GRINER What’s Next for Viktor Bout, According to His Lawyer By Amos Barshad Steve Zissou predicts the notorious arms dealer will now lead a “quiet existence.” 12/9/2022 WORLD CUP The Best Team in the World Is Out of the World Cup By Benjamin Hart Another devastating quarterfinals defeat for Brazil. 12/9/2022 POLITICS What Happens to Paul Whelan Now? By Nia Prater President Biden said his administration is not giving up on securing the former marine’s release from Russia. 12/9/2022 JUST ASKING QUESTIONS A Crisis-PR Veteran on Sam Bankman-Fried’s Odd Media Strategy By Benjamin Hart Eric Dezenhall thinks the explanation for SBF’s behavior is pretty straightforward. 12/9/2022 WORLD CUP Goalkeepers Gone Wild By David Gendelman At the World Cup, netminders are increasingly going on offense. The consequences can be miraculous or disastrous. 12/9/2022 THE NATIONAL INTEREST Kyrsten Sinema Is Playing Chicken By Jonathan Chait Declaring herself an independent is a way to force the Democratic Party into embracing her. 12/9/2022 FINDINGS Why Spending Time With Kids Might Actually Help Protect You From COVID By David Zweig Two studies find an immunological downside for adults who stay away from children. 12/9/2022 FIRST PERSON I Lost My Brother Twice By Alex Brook Lynn First to schizophrenia, then forever to the city. 12/8/2022 SPORTS Brittney Griner Is Coming Home From a Russian Prison By Margaret Hartmann And Nia Prater The WNBA star is headed home after being released in a prisoner swap for the notorious international arms dealer. 12/8/2022 STOP THE PRESSES Just What Did the Times Walkout Change? By Shawn McCreesh Some employees have said they are ready to vote on a strike authorization as soon as tomorrow. Others worry this has all gone too far. 12/8/2022 TREMENDOUS CONTENT Do the Trumps Want to Crop Kimberly Guilfoyle Out of the Family? By Margaret Hartmann Eric Trump felt compelled to announce that, despite the rumors, he doesn’t hate his brother’s fiancée. Ivanka Trump’s silence may say more. 12/8/2022 SAM BANKMAN-FRIED Sam Bankman-Fried’s Parents Are No Longer Teaching Law at Stanford By Kevin T. Dugan His mother says her sudden decision to retire now has “nothing to do with anything else going on.” 12/8/2022 TREMENDOUS CONTENT Donald Trump Cost Lara Trump Her Fox News Gig By Margaret Hartmann Nepotism giveth, and nepotism taketh away. 12/8/2022 And now the House 258-169-1, House passes bill to protect same sex marriages. 39 Rs vote for it. Bill heads to Biden —@mkraju 12/8/2022 BRITTNEY GRINER The 7 Craziest Facts About Arms Trafficker Viktor Bout’s Career By Matt Stieb Getting to know the “merchant of death” the U.S. just sent to Russia in a prisoner swap for basketball star Brittney Griner. SIGN IN TO COMMENT Like Us Follow Us ABOUT INTELLIGENCER ABOUT NEW YORK MAGAZINE NEWSLETTERS HELP CONTACT PRESS MEDIA KIT WE’RE HIRING PRIVACY TERMS AD CHOICES DO NOT SELL MY INFO ACCESSIBILITY INTELLIGENCER IS A VOX MEDIA NETWORK. © 2022 VOX MEDIA, LLC. ALL RIGHTS RESERVED. Holiday Sale: Save up to 70% and get two exclusive gifts with any annual plan. SUBSCRIBE NOW " https://nymag.com/intelligencer/2022/03/adrienne-harris-is-cryptos-most-pow…

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34 Highlights to: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X UNITED STATES OF AMERICA - against - THE GOLDMAN SACHS GROUP, INC., Defendant. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X
by Gunnar Larson 24 Nov '24

24 Nov '24

34 Highlights to: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X UNITED STATES OF AMERICA - against - THE GOLDMAN SACHS GROUP, INC., Defendant. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X https://drive.google.com/file/d/1Yx88RMoeLyyfbNK0RtPl4r-m8N21_1Sp/view?usp=… Payment of Monetary Penalty 7. The Offices and the Company agree that application of the Sentencing Guidelines to determine the applicable fine range yields the following analysis: a. The 2018 USSG are applicable to this matter. b. Offense Level. Based upon USSG § 2C1.1, the total offense level is 48, calculated as follows: (a)(2) Base Offense Level 12 (b)(l) Multiple Bribes +2 (b)(2) Value of benefit received more than $550,000,000 +30 (b)(3) High-Level Official Involved +4 TOTAL 48 c. Base Fine. Based upon USSG § 8C2.4(a)(3), the base fine is $1,607,700,000 (value of the unlawful payments, pursuant to § 2C1.1(d)(1)). d. Culpability Score. Based upon USSG § 8C2.5, the culpability score is 8, calculated as follows: (a) Base Culpability Score 5 (b)(1) the organization had 5,000 or more employees and an individual within high-level personnel of the organization participated in, condoned, or was willfully ignorant of the offense +5 (g)(2) Cooperation, Acceptance -2 TOTAL 8 e. Calculation of Fine Range: Base Fine $1,607,700,000 Multipliers 1.6 (min)/3.2 (max) Fine Range $2,572,320,000 to $5,144,640,000

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