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5 Florida Judges Reprimanded in $500 Million Child Welfare Agency Conflict

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Five Florida judges were recently reprimanded for favoring one child welfare agency over another in a $500 million state contract, which is now before the Supreme Court. Our Kids Miami-Dade Monroe Inc. was the agency of choice, who has held the contract with the state since former Governor Jeb Bush doubled funding for privatized foster care. This tight knit group of “child advocates” spearheaded the efforts to airlift hundreds of Haitian children to Florida in the immediate aftermath of the 2010 earthquake, but that’s just the tip of the iceberg.

• The judge who penned the letter to DCF favoring Our Kids in a bid for a $500 million contract, also went to bat for them back in 2004.

• Foster children in Miami-Dade and Monroe counties have been moved as many as 10-20 times, and 25 children were moved to more than 80 foster homes.

• Just one week after the 2010 Haiti earthquake, then Secretary of the Florida Department of Children and Family Services George Sheldon, initiated the plan to airlift nearly hundreds of  Haitian children over to Florida, ‘Our Kids’ and the Miami Archdiocese simultaneously got on board, Janet Napolitano lifted visas, Joe Biden visited the Miami Archdiocese, and Sheldon landed himself the position of Acting Assistant Secretary for Children & Families with HHS.

In May 2019, five South Florida judges of the 11th Circuit Unified Children’s Court faced charges for favoring a company in a competitive bidding process for the Florida Department of Children and Families. The Florida Judicial Qualifications Commission determined that they had violated Florida’s Code of Judicial Conduct and recommended a public reprimand by publication, but Florida Supreme Court has the final word of judicial discipline, which is still pending. They were favoring child welfare agency Our Kids Miami-Dade Monroe, Inc. over Citrus Health Network, Inc. in a 5-year $500 million contract with the Department of Child Services for foster care and adoption services. Our Kids had held the contract for over a decade.

Photo credit: GAL

Retired Judge Cindy Lederman had authored a letter addressed to the Florida Department of Children and Family Services (DCF), which four other judges signed. A fifth judge, Maria Sampedro-Iglesia had also signed it but was not part of the inquiry and has since retired. General Magistrate Steven Lieberman had also signed it, but was not part of the inquiry. A snippet from the letter clearly shows their bias.

This model must survive the ITN process ….. We have worked with Our Kids and we have complete faith only in the Our Kids model of leadership. When you select the agency please keep our voices in your mind.

Ultimately, in the end, Citrus Health received the contract. So why are these judges so invested in Our Kids? Let’s take a look at the history of the foster care system in Florida, Our Kids history and reputation, and several people connected to Our Kids, to glean what this favoritism may be all about. After reviewing the facts, perhaps this “hot mess” will become a bit clearer, as there are some very concerning connections dating back to the privatization, Haiti, and child tragedies.

Former Gov. Jeb Bush Doubled Down on Privatized Foster Care

Florida began an experiment with privatized child welfare services in 1996 when the State Department of Children and Families spent $27.5 million on five pilot programs between 1997-2000. Only one program in Sarasota Fla was successful. Despite this, and the lack of evidence to show that privatizing foster care would be beneficial for children, in 1998 the Florida legislature mandated that all foster care and related services be privatized between 2000 and 2002. This mandated that DCF contract with a single lead agency, referred to as Community-based Care (CBCs) that administer services in each area.

In 1999 Jeb Bush became governor of Florida and served two terms through 2007. By 2004, forty-two percent of Florida was operating under privatized foster care and adoption services, and Our Kid’s was in negotiations for managing the $500 million 5-year contract in Miami-Dade and Monroe counties – a contract that Judge Cindy Lederman was eager to see them get.

By 2011, reports came out indicating that privatized foster care and adoption services was costing millions more than it was when it was state run. The Sun Sentinel quoted former Gov. Jeb Bush, “We doubled the state funding, which was woefully underfunded, when I became governor,” Spending went up because much-needed services “weren’t being provided, and now they are,” Bush said.

As time went on, reports reflected that the foster care system got far worse, more tragedies occurred, and at one point they had no idea where 500 children were, under Jeb Bush’s watch. In 2018, the Tampa Bay Times did an investigation tracking the placement of over 280,000 foster children between 2000 and 2017 in Florida. They found that thousands of foster children were being moved numerous times with more than 7,500 moved an average of once a month. Others had been placed as many as six times in one month. One child was moved 50 times within one year, and another 43 times. Since 2013, there has been a 40 percent rise in the number of children in foster care homes or housed with relatives, in the state of Florida.

Our Kids Miami-Dade Monroe Inc. Red Flags

Our Kids is a non-profit that was founded in 2002, and manages foster care and adoption services for the entire southern tip of Florida, as well as the Keys. It’s neighbor ChildNet Inc. serves Broward and Palm Beach counties, and they’ve had their fair share of issues as well. In 2013 they paid$2.2 million to settle a case involving two young girls that were repeatedly sexually abused by their mother, after they had been warned by experts and judges.

By 2016, ChildNet had a major deficit, and the $67 million annual federal funding was no longer cutting it. A task force was created to review the situation, and found that there was a staggering increase in the number of at-risk children entering the system. The Broward County Sheriff’s Office Child Protective Investigators had removed nearly 1,400 children in 2015 alone, and were doing so at a rate of 7.8 per 100 children, compared to the statewide rate of 6.4. Why mention ChildNet when the focus is on Our Kids? Because there is a clear pattern of abuse and neglect happening in Florida and some of these individuals in this report cross into these boundaries as well.

Our Kids facebook and LinkedIn are both down. Their website is called “fostering our kids,” not making it the easiest site to find, considering they deal with foster homes, adoptions, and seek volunteers. In fact, their main business listing in google doesn’t even reflect their website link. Their homepage slogan states, “Be a hero. Foster, adopt, volunteer, give.” How are folks supposed to do that when they don’t even list their website? When you click on “About Our Kids” or “Privacy Policy” it takes you to a dead link of an older website of theirs that is now defunct. After several attempts at manually typing a url for their “About Our Kids” page, and repetitive 404 errors, it would seem that they do not have an “About” page. Gosh, for $100 million per year federal grant, one would think they would keep this info tip-top and fully accessible.

What’s curious, is that they seem to go out of their way to conceal who the founders really are. 2004 tax returns reflect Barbara Ibarra as the President, and an article in the Miami Herald refers to her as the founding President of Our Kids. Her husband, Charles D. Scurr serves as the Executive Director of the Citizen’s Independent Transportation Trust. He was the former City Manager of the City of South Miami, Florida, as well as the Executive Assistant for Miami-Dade County and the City of Miami. Additionally, he served with the Urban Mass Transportation Administration in Washington, DC and Atlanta, GA, and with the Miami-Dade Transportation Administration.

Another name mentioned as a “founder” is Berta Blecke, a Miami child advocate. She is also listed on tax returns as a Trustee of Our Kids. Blecke is very close friends with Janet Reno, who served as the Attorney General of the United States from 1993 – 2001, by former President Bill Clinton’s appointment. Blecke also serves on the Janet Reno Endowment Advisory Committee, as does Janet Napolitano, the former United States Secretary of Homeland Security. She was mentioned as a close friend and colleague, along with Eric Holder and others, in ‘The Making of Janet Reno: The People’s Lawyer.’ Blecke is also a founding board member of the Florida Foster Care Review. Berta’s husband James C. Blecke is listed as Judge Cindy Lederman’s attorney for the recent reprimand of her drafting the letter trying to sway the $500 million contract toward Our Kids.

Two individuals that played vital roles in facilitating Our Kids are George Sheldon, former Secretary of the Florida Department of Children and Family Services, and former AG of Florida, Bob Butterworth – both of whom served on the board of Our Kids, were very close friends, and have extensive backgrounds as well as connections. These roles go back to the tragic days of airlifting children over from Haiti after the 2010 earthquake, as documented below in this report.

In reviewing their 2002 articles of incorporation, an H. William Walker Jr. is identified as the registered agent, and there are 22 initial trustees listed. Walker is a real estate lawyer, ordained priest of the Episcopal Church, was chairman of the board for United Way of Florida, founding trustee of Trinity Episcopal School, founding president and director of the Florida Foster Care Review Project, founding director of Kristi House, and of course vice chairman and trustee of Our Kids. Berta Blecke was a fulltime volunteer at Kristi House, a treatment center for children that specializes in sexual abuse, and as mentioned above, was also a founding board member of the Florida Foster Care Review. Barbara Ibarra was one of the trustees of the Kristi House, going by the name “Bobbie.” Another trustee was David Lawrence, who has a very extensive background in advocating for children, beginning in 1999 after having been the publisher of both the Miami Herald and the Detroit Free Press. He was also named by then Gov. Jeb Bush to the Florida Partnership for School Readiness, and served on the board twice.

In glancing over some of Our Kids Google reviews, there are some big red flags. One individual said that she wanted to be a foster parent, went through the classes, and the case worker never showed up. She tried for months and no one ever returned her calls. Another person went on quite a rant about how they lie and will do anything to get children adopted that end up back in the foster care system. They suggested that Our Kids would be sued for their wrongdoings, then turned up later to gloat about them losing their contract. A third woman claimed that the case workers never respond, nor do they respond to the kids. The ones that did leave four or five stars, had nothing to say, with the exception of a few that were “translated by Google,” two of which weren’t even in the context of reviews and made little sense.

Red Flags

On February 14, 2011 a tragedy occurred when a survivor and victim were found in a pest control truck along the side of I-95 in Palm Beach County. Their adoptive father, Jorge Barahona, owned the truck. The 11-year-old victim was dead and the survivor suffered severe injuries and was covered in chemicals. Sadly, these children had been terribly tortured and physically and sexually abused for years, likely since the Barahona’s gained custody in 2004.

The state had placed these children into the foster home of the Barahona’s, and later facilitated their adoption. The survivor and the victim’s estate sued DCF and two of its private contractors, Our Kids of Miami-Dade/Monroe Inc., and the Center for Family and Child Enrichment, in parallel state and federal suits, and won a $500 million suit.

In 2012, children in a foster care group home that was a subcontractor of Our Kids, were being pimped out by child sex traffickers. Four South Florida men were arrested. One of the four charged was a 46-year-old DCF child abuse investigator.

In 2015, a criminal investigation ensued into the Family Resource Center, a subcontractor of Our Kids, for one of their employees raping a 17-year-old girl when tasked to transport her on an eight-hour drive to their center in Key West. Miami-Dade Circuit Judge Maria Sampedro-Iglesia said that the actions of a private social service agency were borderline “reckless.” That’s putting it mildly. Perhaps it was put “mildly” because this is one of the judges who signed the letter authored by Judge Cindy Lederman stating that “the court will work only with Our Kids, Inc.” AFTER what happened to this poor girl. She resigned on April 28, 2019.

Between June 2013 and May 2014 there had been an 11 percent increase in children requiring out-of-home care, which apparently created a financial challenge for “certain” CBCs. Coincidentally, ChildNet and Our Kids were the two CBCs that received addition funding totaling over $10.5 million between the two.

In 2016, a Florida judge fired at the Children’s Home Society of Florida for forcing children to perform “cockfights” and brawls at one of the Miami group homes, which Our Kids runs for CHS.

In 2017, two men and one woman were charged for alleged sex trafficking of a Miami-Dade 16-year-old foster teen, forcing her into prostitution. That beat her, drugged her, and forced her to have sex with them as well as others. The teen had run away from her foster home claiming that she had been kicked out.

Also in 2017, three top administrators of Our Kids resigned after two adolescent foster care girls hanged themselves at foster homes overseen by Our Kids. 16-year-old Lauryn Martin-Everett hung herself at the Florida Keys Youth Shelter after being moved between 9 foster homes in two years. Thirty-eight days later, 14-year-old Naika Venant hung herself in the bathroom of a Miami Garden foster home. She had live-streamed it on Facebook, where it remained for several weeks, and it made national headlines.

In 2018, Bernard Perlmutter, Robert Latham and Stewart Cooke joined with Children’s Rights and Baker McKenzie law firm to file a suit against Florida DCF, specifically in Miami-Dade and Monroe counties, to stop the mistreatment of foster care children in a broken system. They felt that so much harm has been done to foster care children, only a lawsuit could begin to fix the problems. They stated that DCF reports reflect the following:

Records show that hundreds of children have had more than 10, or even 20 or more, moves. More than over 25 kids have been moved more than 80 times. DCF’s own reports stated that numerous foster children have not even received appropriate mental health.

One has to ask, is the moving of 25 kids to 80 different foster homes a method of human trafficking that has been overlooked? Is it possible that some of these abusive homes are setup to “share” the children while collecting their stipend from the government? Or is this another means for shuffling funds?

It is well documented that the United States has a big human trafficking issue, and that human traffickers prey upon children in the foster care system. And, it is no secret that Florida is ranked No. 3 in the nation for the number of human trafficking cases reported.

The Contract, The Judge, and The Wages

In June, 2004 Our Kids was in negotiations with the state for a huge contract to service Miami-Dade and Monroe counties. They had been debating over the budget for months, and apparently got hung up over $1 million dollars of the $92 million they had already agreed upon. Berta Blecke, who was involved with the negotiations stated, “This is 1 percent of our budget that we’re arguing over. We should have ended it in May. Now we’re in June.”

Coincidentally, Miami-Dade Chief Juvenile Court Judge Cindy Lederman was also involved in helping them get this contract, stating, “we’re $1 million between disaster and excellence.” Lederman was part of the Miami-Dade Community Based Care Alliance, and in their Thursday meeting had referred to DCF as being ridiculous for bickering over a relatively small sum with Our Kids. This Alliance called for a special meeting to include former Gov. Jeb Bush and DCF Secretary Jerry Regier so as to push this along.

Lederman went so far as to tell representatives of Our Kids, “If we don’t resolve this by June 15, why would you even want to continue working under those circumstances?”

Of course, Our Kids locked in the contract, and proceeded to service those counties all the way up until this year, when the heated battle with Citrus Health broke out and the five judges were reprimanded.

During Our Kids service, questions were raised regarding the steep wages being paid to the executives, some of whom were making as much as six figures, which is twice as much as state employees were paid. Whereas, eyes were on several agencies, 2011 tax returns revealed that Our Kids was the highest-paid. CEO Frances Allegra was taking in a cool $200,000. That was well above was both the Governor and the secretary of DCF were being paid. In addition to Allegra, seven other executives also made six figures and the CIO made $221,000.

Their neighbor, ChildNet Inc. over in Broward County was also paying six figure salaries to four executives and their CEO Emilio Benitez earned $182,000. Benitez seemed to be under the illusion that it was justified due to “outperforming their predecessors, and they are doing so with virtually the same, or even less, money.” Even Jeb Bush admitted to doubling the amount paid to private agencies, which equated to the state paying out more on privatization than they had when foster care was run by the state.

After serving as the largest provider of child welfare services in the state of Florida for over a decade in southern Florida, Our Kids lost the intense battle with Citrus Health Network Inc. for another $500 million, five-year contract. Their contract ended June 30, 2019 followed by a massive layoff of more than 160 employees.

George Sheldon, Former Secretary of FL and IL Dept. of Children and Family Services, Former Assistant Secretary to Administration for Children & Families HHS, and Former CEO of Our Kids

Photo credit: Wikipedia

George Sheldon had an extensive background in both politics and in child advocacy positions prior to his passing at age 71 last year, due to an accident on his home gym. Sheldon and Bob Butterworth had a very close friendship and working relationship. In 1999, Sheldon served as Deputy AG for Central Florida under AG Bob Butterworth. Then in 2008, he became the Secretary of the Florida Department of Children and Family Services just after his friend Butterworth had served in that position.

Butterworth and Sheldon oversaw an experiment in child welfare financing that former Gov. Jeb Bush had initiated after securing a statewide waiver of Florida’s Title IV-E funds. This expanded funding beyond foster care and adoption placements, to include other family related services. Whereas they praised the state reducing its foster care rolls by 32 percent, they note that they moved more quickly to finalize adoptions for children whose parents had their rights terminated. Moving quickly on adoptions is disconcerting when considering the number of parents who have illegally had their parental rights removed.

In 2011, after Sheldon was instrumental in getting nearly 1,000 children airlifted from Haiti to Florida immediately following the earthquake, President Obama advanced him to the Acting Assistant Secretary for the Federal Administration for Children and Families in the US Department of Health and Human Services. He served in that position for two years. A reward, perhaps?

In  February 2015, Sheldon slid over to Chicago, Obama’s old stomping grounds, and was put in charge of the Illinois Department of Children and Family Services there. However, after two years, Sheldon resigned following an ethics probe for DCFS contracts he was funneling to people in Florida that he had connections with, and in some cases, investments with.

For starters, upon his arrival to his new position, he hired a Florida technology firm called Five Points Technology Group. This group subcontracted with Christopher Pantaleon for a $30,000 job. Sheldon extended the contract for two years, resulting in a payout of $262,000. In addition, Pantaleon billed DCFS $17,774 for flights, hotels, and taxis, being as he was flying to Illinois from Florida. Pantaleon is a longtime Sheldon aide and co-owned a rental home in Florida with him.

He commissioned the Zachary Group, a Florida company that produces public service announcements, in a $35,000 no-bid contract.

Sheldon also appointed Florida based Eckerd Connects’ Chief External Relations Officer Jody Grutza to a senior DCFS position, paying $125,000. She was put in charge of overseeing the Five Points Technology contract. He also brought on other Florida connections into senior positions, and was awarding lucrative contracts to Florida firms rather than Illinois firms.

One of those firms was Eckerd Connects in partnership with Mindshare Technology, which mined electronic DCFS files and assigned a 1-100 score to children who were the victims of abuse via the agency hotline. This algorithm, known as the ‘Rapid Safety Feedback’ program, would rate the children’s risk of death or being severely injured during the following two years. This $366,000 “predictive analytics” contract and it’s accuracy came under fire when caseworkers testified that they were alarmed by the number of alerts whereby children were rated as needing urgent protection. More than 4,100 Illinois children were assigned a 90 percent or greater probability of death or injury.

Needless to say, this so-called predictive analytics didn’t seem to be giving them warning into two horrific deaths of children, nor did DCFS appear to take enough action in what they saw firsthand. After 10 DCFS abuse investigations, 17-month-old Semaj Crosby was found dead under a couch in Joliet township. And, after 8 DCFS investigations into the home of 22-month-old Itachi Boyle, she too was found dead.

The new DCFS Director Beverly Walker shut down the predictive analytics contract stating, “we are not doing the predictive analytics because it didn’t seem to be predicting much.” However,  she is still utilizing the case analysis training provided by Eckerd. Due to several no-bid deals that Sheldon was giving to his associates in Florida, among other ethics issues, the Office of Executive Inspector General and the DCFS Inspector General concluded that Sheldon and DCFS had classified the Eckerd/Mindshare deal as a grant instead of a no-bid contract. This allowed them to avoid the state bidding transparency requirements.

Despite all of this, Eckerd has numerous contracts with child welfare agencies in as many as 20 states. Eckered also has a $73 million Florida contract, running the child welfare program in Hillsborough County, where Sheldon and Eckered once worked together closely. In June, 2018 the state of Florida threatened to terminate Eckerd Connects $77 million contract if they didn’t come up with an action plan to fix the broken foster care system they were running.

In 2017, Sheldon became the CEO of Our Kids, back in his state of Florida.

George Sheldon, Our Kids & The Obama Administration: 2010 Airlift of Hundreds of Haitian Children

George Sheldon (left) and Frances Allegra (right)

For years people have been asking, “what happened to the children that were brought over from Haiti? Where are they?” Rightfully so, being as they initiated this before the rubble had even settled, and after what happened with Laura Silsby smuggling 33 children out of Haiti without documentation. Whereas, one might assume that information on adopted children is generally kept hush hush, this was the biggest airlift mission since the “Pedro Pan” airlift of Cuban exile children in the 1960s.

 Immediately following the Haiti earthquake in 2010, George Sheldon spearheaded the mission to airlift Haitian Americans and Haitian orphans to Florida, which would all be received by DCF. Here’s how quickly that important timeline rolled out:

January 12, 2010 – the tragic earthquake hit Haiti, taking hundreds of thousands of lives.

January 16th  – former Vice President Joe Biden traveled to Little Haiti and met with the Miami Archdiocese to assure them of aid.

January 19th – The New York Times was already reporting that there were 53 orphans in the “first wave” of 900 orphans that were matched with parents in the U.S. wanting to adopt. Former US Secretary of Homeland Security Janet Napolitano had announced on the 18th that they were waiving visa requirements for Haitian children that were already “in the pipeline for adoption” by American families.

January 19th – Florida DCF began contacting foster care agencies in Miami-Dade, Broward and Palm Beach Counties to get a handle on how many Haitian orphans could be placed. Our Kids alerted DCF to its interest in helping orphaned children – “we have shelter beds available, along with therapists and support services ready to provide aid,” executive director Frances Allegra wrote in an email. Federal agencies were focusing on the “Operation Vigilant Sentry” crisis plan that was created in 2003 in preparation for any mass migration from the Caribbean.

January 20th – George Sheldon had been meeting with state, county and federal leaders to coordinate refugee resettlement, but stated his concerns for airlifting hundreds or thousands of orphans and uprooting them in a fragile state. Meanwhile, the Archdiocese of Miami, made an “offer” to the federal government and president that they were ready to help spearhead a Pedro Pan-like rescue effort and provide temporary housing. It’s important to note that the Archdiocese of Miami had seen dozens of suits filed against them over sexual abuse scandals. A church report from 2007 stated that 49 priests had been involved in sexual misconduct allegations and the archdiocese had paid out more than $21 million.

January 20thReports were showing that 50 of the 900 children were already adopted to families in Colorado.

January 30th – Former Florida Governor Charlie Crist announced that between 60 and 80 Haitian orphans had arrived at Miami International Airport.

February 1st – The U.S. Air Force reported on more than 3,000 Haitian earthquake victims already having been processed through Homestead Air Reserve Base in Florida. They stated that 900 of them were children including orphans. Red Cross, DCF, U.S. Customs and medical professionals were all on deck.

August 3rd – The New York Times reported that the babylift went on for months, and that 1,150 Haitian children were swept up, which was more than what American families had adopted in the previous three years. Adoptions were expedited, improper screening took place, and children were released without legal documents showing they were orphans. Haiti orphanages were emptied out, and there was a lot of heated controversy over how this was all handled, and how children were removed before even determining if their family members or relatives were still alive.

In a DCF newsletter just after the earthquake, they reported that more than two weeks after the earthquake, DCF was already at around-the-clock operations at airports in Miami, Sanford, Homestead, and Fort Lauderdale, and they had already welcomed over 15,000 survivors. This coming shortly after Sheldon’s earlier announcement stating they were not going to move them out quickly in waves. Whereas they detail a handful of stories more specific to “reuniting families,” they don’t go into specifics regarding the number of Haitian orphans.

After Sheldon’s death in 2018, several articles praised Sheldon for his tremendous efforts in spearheading “round-the-clock shifts that lasted a month” for DCF staff. They met 1,056 flights of returning Haitian Americans, and sheltered and processed 720 Haitian orphans destined for adoptive families.” DCF also gave out $26 million in cash assistance.

That said, it seems most of the orphans arrived at Homestead base and/or in Miami-Dade County. Our Kids had already stated they were ready to help, and they were in fact the child welfare agency for that county. Former CEO Frances Allegra is seen in the above photo with George Sheldon and two Haitian children. Reports vary between 720 up to 1,150 children. According to the US Dept. of State adoption statistics, there were only 424 adoptions in 2010, and 398 in 2011 throughout the state of Florida. How many of these children circulated the foster care system? If someone really wants to get to the bottom of where all of these children ended up, Our Kids should be the first stop. The Miami Archdiocese would be a good second stop.

Sheldon also received praise from longtime friend and former CEO of Our Kids, Frances Allegra. Mark Riordan, Sheldon’s former spokesman, said, “George’s work to protect children orphaned by the earthquake was heroic. He mobilized a social services army.”

Shortly thereafter, in 2011, President Barack Obama appointed Sheldon to be Acting Assistant Secretary for Children and Families at the Department of Health and Human Services, where he served through 2013.

Bob Butterworth, Former Mayor, Judge, AG, and Broward County Sheriff, and Trustee of Our Kids

Photo credit: Broward Beat

Bob Butterworth was a county and circuit courts judge in Broward County, Fla from 1974 – 1978, prior to being appointed Sheriff from 1979 – 1982. He did a two-year stint as the director of Florida’s Department of Motor Vehicles, then became mayor of Sunrise in 1984 to clean up a mess after the head of a Miami Beach health center stole $7 million. He went on to serve as the Attorney General of Florida from 1987 – 2002.

Tragically, on the eve of his election in 1986, his ex-wife Saundra shot their 16-year-old son and herself, killing them both on a street in Miami.

In 2006, Butterworth was named Secretary of the Department of Children and Families (DCF), by Gov. Charlie Crist, who referred to Butterworth as “the kind of guy that gets things done. He’s a fixer.” He served until 2008 when George Sheldon took over.

In 2008, leaders of child welfare programs announced the ‘Bob Butterworth Endowment to Assist Youth Aging Out of Foster Care.’ Of course, then Secretary George Sheldon joined to make the announcement, and The Eckerd Family Foundation contributed $10,000 to launch the endowment.

Butterworth went back into law and has worked with Fowler White Boggs focusing on government relations. In 2016 he was appointed to the Florida Bar Foundation Board.

In 2012, Butterworth led a nonprofit mental health group called the Broward Behavioral Health Coalition (BBHC). They were in competition with another nonprofit, the Partnership for Community Health, for a bid to provide mental health services in a $45 million DCF contract. They lost the bid, filed a 22-page bid protest, and alleged that BBHC didn’t file required financial documents, and was allowed to see the partnership’s bid and underbid them, which proved true. They also alleged that BBHC was serving as a front for its partner organization, the for-profit Concordia, who was paying Butterworth as a lawyer and lobbyist. Butterworth didn’t dispute that they would be working with them, and issued an assurance that BBHC’s board is “a who’s who” of Broward community leaders, judges, doctors, and politicians. An appeals court threw the case out because the challenger failed to post a required “protest bond.”

Concordia was only 18-months old at that time, with little experience in the behavioral health industry. It was founded by CEO Carlos A. Saladrigas who has a background serving on the board of Duke Energy Corporation, CEO of Regis HR Group, Chairman of a Miami bank, independent director at Advance Auto Parts, and several other positions. All of which seem quite a bit off course from behavioral health.

This becomes more concerning when it was discovered that while this deal with DCF was in the works, Concordia shareholder Miguel B. Fernandez gave $125,000 to Let’s Get to Work, which was a fundraising organization setup with Gov. Rick Scott’s support. Fernandez also controlled a company called MBF Family Investments, who also contributed to Let’s Get to Work since September 2010. The grand total contributed came to $625,000.

All of this shows a typical pay-to-play political game everyone has seen over and over again. Meanwhile, who’s concerned about the real problem? The contract is about the mental and behavioral health of those in Broward County, yet another area of privatization in the state of Florida.

When considering that connected politicians and big money did the talking, it makes one reflect on the Stoneman Douglas High School Shooting. Psychiatrists had recommended an involuntary admission of alleged shooter Nikolas Cruz, beginning in 2013. DCF investigated him in 2016 over snapchat posts where he had cut both of his arms and said he planned to buy a gun. In September 2016, a school resource officer along with two guidance counselors, suggested they Baker Act him, but two mental health professionals from Henderson Behavioral Health didn’t agree, and concluded he didn’t meet the criteria for an involuntary committal.

Guess who funds Henderson Behavioral Health? Butterworth’s Broward Behavioral Health Coalition (BBHC), ChildNet Inc., of course DCF, and several others. In fact, they are listed on BBHC’s website as one of their providers.

In 2017, Bob Butterworth became a trustee of Our Kids, as indicated in their 2018 tax returns.

Alarming Statistics on Florida’s Foster Care System and Human Trafficking

As of 2018, there were seven states with privatized foster care; Florida, Georgia, Kansas, Michigan, Nebraska, Pennsylvania, and Texas. Kansas was the first to implement the federally-funded program back in 1996. Coincidentally, five of the seven privatized states are ranked in the top ten for the highest level of hotline calls and reports on human trafficking. Florida is ranked 3rd, behind California and Texas.

The 2019 ‘Trafficking in Persons’ report, produced by the U.S. Department of State, concludes:

In the United States, traffickers prey upon children in the foster care system. Recent reports have consistently indicated that a large number of victims of child sex trafficking were at one time in the foster care system.

This is a well-documented fact. So what measures has Florida’s well-funded, privatized agencies taken to combat this? Why is it that four of the seven states that happen to have privatized foster care, are among the highest ranked for human trafficking? And, why does the oversight of foster homes continue to lack, allowing for abusive situations?

Despite passing several different pieces of legislation dating back to 2012, and the creation of the statewide council on human trafficking, somehow the numbers continue to be high, maintaining Florida’s position in the top three.

It certainly doesn’t help when a DCF spokesman is charged for producing child pornography. In 2008, Al Zimmerman had taken nude photos of at least two teenage boys for distribution to overseas pornographers. DCF hasn’t even done a criminal background on him, so after his arrest they decided it might just be a good idea to run background checks on employees. They found that 1,300 employees had not had a background check done. These folks work around children – how was it no mandatory? Child predators prey on them in the foster care system, throughout schools, daycares, Boy Scouts, and everywhere else kids gather. Of all agencies to know this, it should be DCF.

In 2017 The Palm Beach Post did a report about the rise of human trafficking in Florida. They stated that there were nearly 1,900 reports of human trafficking statewide, which was a 54 percent increase from the previous year. Authorities say that South Florida’s high level of tourism and transient population make them a target.

Sadly, foster care is a big business, and according to a 2006 report by ABC, taxpayers were spending $22 billion a year on foster care programs. Now, there are so many different areas of federal funding for foster care, adoption services, and overall care for children, pinning down an annual amount gets a bit trickier.

In 2010, Florida received a statewide waiver of Title IV-E foster care funding, which allows for flexibility in funding. That same year, the Title IV-E wavier provided Florida with $478 million of the state’s total federal child welfare spending.

In 2017, more than 690,000 children spent time in U.S. foster care, with the average age being eight-years-old. One third of the foster care children were of color, and two thirds Caucasian. It has been significantly increasing over the past five years, and the highest it’s been since 2008.

Approximately 50,000 foster kids are adopted each year, and 29% of them will have spent at least three years in foster care prior to the adoption.

Billions of taxpayer dollars line the pockets of agencies, while many foster care children continue to suffer abuse, are recklessly removed from good homes, and some become targets of traffickers. When will the heat be removed from this cyclone?

The Bottom Line

Florida decided it would be best to privatize foster care and adoption services, despite indications that it would not save money or necessarily improve the lives of children. Gov. Jeb Bush decided to double down on the funding, while Berta Blecke and Judge Cindy Lederman went to bat for Our Kids Miami-Dade Inc. to get the $93 million contract back in 2004 – a contract that quickly evolved to a 5-year $500 million prize. Relationships among politicians, judges, and wealthy business owners grew stronger – so strong that most of them committed major ethics violations, pay-to-play schemes, and essentially contract fraud.

The politicians want foster care, adoption services, mental and behavioral health privatized. Why? Because it gives them the opportunity to own a slice of it, control it, and manipulate the system to bend in their favor. See how that works? None of this is for the benefit of children, for if it were, the abuse throughout foster care, number of children in the system, and human trafficking numbers would all be going down. Sadly, they are not. The cost of Florida’s privatized system has gone up by millions, and the abuse rate is so bad that law firms and child rights organizations are suing DCF. Florida is ranked number three in the country for human trafficking, and the foster care system is preying grounds for traffickers.

The executives at Our Kids, as well as other agencies in Florida are being paid steep wages, some at six figures, and some as much as double what state employees were being paid in the same positions before it was privatized. This is a money game. It’s always been a money game. But is it more than that as well? What about these 25 children who were moved 80 times? Or the thousands of others that were moved 10-20 times in one year? Is this a form of child trafficking out in the open while they collect their stipend from the government?

The rush into Haiti to “airlift” out hundreds of children without having documentation proving they were in fact orphans, and without attempting to locate their family members before the dust even settled, was a complete disgrace. Until this day, few know where all of those children went, and they clearly are not talking. But this gang of clowns above most certainly played a role in that shit show, while they continue to praise themselves.

Bottom line – South Florida, and likely many other parts of the state, is a giant Nest of politicians, judges, real estate agents, lawyers, and big-money clowns that are running the privatized agencies to allegedly better the system for the children. That hasn’t happened. It has only gotten worse. While the five judges await their Supreme Court ruling, it is likely they will settle on the simple reprimand suggested by the Florida Judicial Qualifications Commission. Two of the judges whose names were on the letter are now retired.

This shows how the money flows through the nest of high level players that are only looking out for themselves as opposed to the children. This nest can be seen all across the country in multiple states, with players pulling off the same operations, and not being held accountable. The question is – is it all about the money – or is it also about child trafficking? The bigger question is – when will these schemes come to an end? People observing these nests in their own hometowns need to speak up, need to do their own digging, and need to expose the corruption taking place. If they are willing to break all the rules to cover for one another, get big contracts, and funnel their buddies contracts – do you really believe they have children in their best interest? Look at their track record above, and look at Florida’s track record overall. It’s time to clean house!

Navigate to original article so you can read the comments: https://www.coreysdigs.com/law-order/5-florida-judges-reprimanded-in-500-million-child-welfare-agency-conflict/

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http://freeport1953.com/5-florida-judges-reprimanded-in-500-million-child-welfare-agency-conflict/= this posting

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EO 13885 Establishing the National Quantum Initiative Advisory Committee

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By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 104(a) of the National Quantum Initiative Act (Public Law 115-368) (Act), and section 301 of title 3, United States Code, and in order to ensure continued American leadership in quantum information science and technology applications, it is hereby ordered as follows:

Section 1.  Establishment.  The National Quantum Initiative Advisory Committee (Committee) is hereby established.  The Committee shall consist of the Director of the Office of Science and Technology Policy or the Director’s designee (Director) and not more than 22 members appointed by the Secretary of Energy (Secretary).  Committee members shall represent industry, universities, Federal laboratories, and other Federal Government agencies.  Committee members must be qualified to provide advice and information on quantum information science and technology research, development, demonstrations, standards, education, technology transfers, commercial application, and national security economic concerns.  The Director shall serve as a Co Chair of the Committee.  The Secretary shall designate at least one of the Committee members to serve as Co-Chair with the Director.

Sec. 2.  Functions.  (a)  The Committee shall advise the Secretary and the Subcommittee on Quantum Information Science of the National Science and Technology Council (Subcommittee) and make recommendations to the Secretary to consider when reviewing and revising the National Quantum Initiative Program (Program) established pursuant to section 101 of the Act.  The Committee shall also carry out all responsibilities set forth in section 104 of the Act.

(b)  The Committee shall meet at least twice a year and shall:

(i)    respond to requests from the Co-Chairs of the Committee for information, analysis, evaluation, or advice relating to quantum information science and technology applications;

(ii)   solicit information and ideas from a broad range of stakeholders on quantum information science in order to inform policy making.  Stakeholders include the research community, the private sector, universities, national laboratories, executive departments and agencies (agencies), State and local governments, foundations, and nonprofit organizations; and

(iii)  respond to requests from the Subcommittee.

Sec. 3.  Administration.  (a)  The heads of agencies shall, to the extent permitted by law, provide the Committee with information concerning quantum information science and supporting technologies and applications when requested by a Co Chair of the Committee.

(b)  In consultation with the Director, the Committee may create standing subcommittees and ad hoc groups, including technical advisory groups, to assist and provide preliminary information to the Committee.

(c)  The Director may request that members of the Committee, its standing subcommittees, or ad hoc groups who do not hold a current clearance for access to classified information, receive appropriate clearances and access determinations pursuant to Executive Order 13526 of December 29, 2009 (Classified National Security Information), as amended, or any successor order.

(d)  The Department of Energy shall provide such funding and administrative and technical support as the Committee may require.

(e)  Committee members shall serve without any compensation for their work on the Committee, but may receive travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service (5 U.S.C. 5701-5707).

Sec. 4.  General Provisions.  (a)  Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (FACA), may apply to the Committee, any functions of the President under the FACA, except for those in section 6 of the FACA, shall be performed by the Secretary of Energy, in consultation with the Director, in accordance with the guidelines and procedures established by the Administrator of General Services.

(b)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(c)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(d)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,
August 30, 2019.

download directly click here

~~~~~~~~~

http://freeport1953.com/eo-13885-establishing-the-national-quantum-initiative-advisory-committee/= this posting

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Intel Report: Epstein and Untouchable Harvey Weinstein: Royal Party and Methods

You Were Lied To- You Do Exist

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Intel Report: Mark of the Beast

StemExpress CEO admits selling beating baby hearts, intact baby heads in Daleiden hearing

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ceo-live-beating-heartsby Lianne Laurence, published on Life Site News, on September 6, 2019

SAN FRANCISCO, September 6, 2019 (LifeSiteNews) — The CEO of StemExpress essentially admitted in court Thursday that her biotech company supplies beating fetal hearts and intact fetal heads to medical researchers.

She also admitted at the preliminary hearing of David Daleiden and Sandra Merritt of the Center for Medical Progress that the baby’s head could be procured attached to the baby’s body or “could be torn away.”

Watch this special report where LifeSite Managing Editor Patrick Craine speaks with reporter Lianne Laurence who is on the ground in San Francisco covering the criminal case against pro-life investigators David Daleiden and Sandra Merritt.

“That is an especially gruesome admission, but it begs the question: how did they get these fully intact human children?” says Peter Breen of the Thomas More Society, which is representing Daleiden at the hearing.

“If you have a fetus with an intact head and an intact body, and intact extremities, that is something that would indicate that child was born alive, and then had their organs cut out of them, or that that child was the victim of an illegal partial-birth abortion,” he told LifeSiteNews.

“Both of these are gruesome and violent acts.”

CMP’s Daleiden and Merritt are charged with 15 felony counts of illegal taping of confidential information in connection with undercover videos they released in 2015 after a three-year covert investigation into the buying and selling of baby body parts, which is a felony.

The covertly recorded videos exposed StemExpress as the go-to in California for Planned Parenthood’s trafficking in baby body parts, and the biotech company cut its ties with Planned Parenthood shortly after these were released.

CMP’s legal team is arguing in the preliminary hearing that the law does not consider conversations that can be overheard confidential and that covert recording is allowed when done to investigate violent crimes.

On Thursday, the court saw video clips of the StemExpress CEO, identified as Doe 12, meeting in May 2015 with Daleiden and Merritt, who were posing as owners of a biotech company.

Doe 12 says in the video there’s a great demand for “raw fetal tissue,” and that the “insanely fragile” neural or brain tissue is best shipped in a “whole calvarium,” or head, whereupon Daleiden says, “Just make sure the eyes are closed.”

“Yeah,” laughs Doe 12, “Tell the lab techs its coming…it’s almost like they don’t want to know what it is.”

Doe 12 was far less forthcoming in her testimony Thursday, as Breen noted.

“One thing we’ve observed throughout these proceedings is that these witnesses were much more candid when they spoke to David and Susan on the undercover video than they are on the stand,” he told LifeSiteNews.

“However, we have been able to establish certain facts that are important through their testimony, and when they deviate from the video, we’ve been able to use the video to show that they’re not telling the truth on the stand,” Breen said.

“That’s important to show that the attorney general is using witnesses who are willing to stretch the truth, and our side is exposing that truth.”

Breen told the court that StemExpress was mentioned in connection with Stanford University studies where Langendorff perfusion was used, a technique that “requires a beating heart.”

“Does StemExpress supply fetal hearts to Stanford?” he asked Doe 12.

She hesitated to answer because, she said, “there’s so much targeting of researchers.”

However, Judge Christopher Hite told her the question was relevant.

“Yes, we have provided heart tissue to Stanford,” Doe 12 said.

She also admitted that CMP photos are accurate and that sometimes a baby’s intact calvarium is attached to the baby’s body and sometimes it is not.

In another key exchange, Doe 12 testified that her company requests that parties sign a nondisclosure agreement or NDA before discussing business.

But while Doe 12 met with Daleiden and Merritt in late May, the NDA for the meeting was signed in late June, according to an email from StemExpress to CMP that Breen produced in court.

Nor was Doe 12 able to produce evidence the NDA had been sent to Daleiden and Merritt before the meeting.

“After talking about how important a NDA is, the only evidence in the record is that  the NDA was not sent out until a month after this supposedly highly confidential meeting,” Breen told LifeSiteNews.

“So that was a really significant point. That’s why there was so much argument on it,” he said.

“At the same time, the statute is clear: if there is a reasonable expectation that the conversation can be overhead, then it doesn’t count as a confidential conversation,” he said.

“So our contention is, if you’re sitting there at a restaurant with wait staff around you and coming and going as they please, you can be overheard,  that’s a clear exception to the statute.”

Breen also quizzed Doe 12 about the Planned Parenthood consent form that StemExpress used in 2015.

Former StemExpress technician Holly O’Donnell supplied the PP consent form to CMP. She also is featured in two CMP videos describing in graphic detail the process of sorting through dismembered arms and legs of aborted babies.

The form states there will be no changes to the abortion procedure because of the decision to donate blood or fetal tissue.

When Doe 12 said she couldn’t recall what the form said, Breen played for the court “a portion of the video tape where she bragged about memorizing the [PP consent] form down to the control numbers,” he told LifeSiteNews.

Doe 12 also told the court she couldn’t recall what the current StemExpress consent form stipulates.

“She wouldn’t admit that patients are not told their abortion procedures could be changed, but we know it to be true,” Breen told LifeSiteNews.

“So we’re using the videos to be able to show these people are not being straight with the court,” he said.

“And so you shouldn’t believe them with anything they’re saying.”

The hearing resumes Tuesday, and Doe 12 returns next week to complete her testimony.

~~~~~

Related:

http://freeport1953.com/intel-report-mark-of-the-beast/

http://freeport1953.com/intel-report-children-abuse-bebest-for-beless/

http://freeport1953.com/stemexpress-ceo-admits-selling-beating-baby-hearts-intact-baby-heads-in-daleiden-hearing/= this posting

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Watch Live: State AGs Unveil Sweeping Anti-Trust Probe Against Google On Steps Of The Supreme Court

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2019.09.09googletwoby Tyler Durden, published on Zero Hedge, on September 9, 2019

Update: During the post-conference Q&A, Paxton revealed that, though their investigation is still in its early days, the AGs have already issued subpoenas related to Google’s digital advertising business.

“If advertising costs are higher…who ends up paying that?” Paxton said.

Asked about coordination with the federal government, Paxton and AG Sean Reyes of Utah, intimated that they had reached out to the FTC but that their response was unsatisfactory.

Washington DC’s AG Karl Racine insisted that their probe wasn’t intended to send a message to Congress, but that the AG’s investigation is an independent action. Later, Paxton said the investigation would be a “very open process” with the states, with each state and the federal government allowed to offer input.

“We’re open to using talent from every office in this country.”

And with that, the AGs ended what was a rather brief Q&A that lasted roughly ten minutes.

* * *

In the latest legal push that could ultimately result in the break-up of one of the world’s largest tech firms, a bipartisan group of more than 40 state attorneys general, led by Texas’s Ken Paxton, will unveil a sweeping anti-trust investigation against Google parent Alphabet Inc.

The anti-trust investigation, which was previewed late last week in a leak to the Wall Street Journal, aims to hold Alphabet accountable for the extreme concentration in the US technology industry. Specifically, the AG’s case will focus on Google’s influence in search and the digital advertising market, and whether the Silicon Valley giant’s overweening influence harms rivals and consumers.

Part of the message from Monday’s press conference will be asking Google employees who might have information about Google’s abuses in the online advertising market to come forward.

The investigation is being pursued alongside a flurry of federal lawsuits and investigations against the biggest tech firms being led by the DoJ (with the FTC assisting), as well as another investigation brought by state AGs against Facebook.

Nearly all of the states are participating in the investigation against Google, and/or a similar anti-trust investigation against Facebook. One notable exception: California isn’t participating in either suit (and Alabama will sit out the Google probe). The investigations come on the heels of a $5 billion settlement between Facebook and the FTC, which resolved some of the federal government’s claims over the company’s user-privacy violations.

The press conference kicking off the investigation will take place on the steps of the Supreme Court Monday afternoon.

According to Politico, eight attorneys general will make up what’s known as the “executive committee”. These states include: Texas, Arizona, Nebraska, Louisiana, North Carolina, Colorado, Iowa and Mississippi.

Watch the press conference live:

AGs will explore whether Google and its fellow tech behemoths are stifling start-ups, delivering worse service and siphoning off too much personal data to bolster their bottom-lines at the expense of consumers.

“The growth of these [tech] companies has outpaced our ability to regulate them in a way that enhances competition,” Keith Ellison, a Democratic attorney general from Minnesota who is signing on to the effort to probe Google, told the Washington Post.

They need to be regulated,” he continued, “and my view is, it’s the state AGs job to do it, particularly when the federal government is not necessarily a reliable partner in the area.”

State AGs have been warned that Google will do everything in its power to “stonewall” these anti-trust investigations using formidable defensive tactics, despite the company’s promises of cooperation.

“The attorneys general have found they can actually rewrite the rules for entire sectors and individual companies through these cases,” said Rob McKenna, a former attorney general in Washington state and now a partner at the law firm Orrick. “The attorneys general have a lot of power here to achieve regulation by litigation.”

While Washington has typically taken the lead in investigating anti-trust matters dating back more than a century to the trust-busting days of the Gilded Age, state AGs are coming off a notably successful run, including their successful takedown of Purdue Pharma and other drug makers over their role in fostering the opioid crisis.

Related:

http://freeport1953.com/intel-report-mark-of-the-beast/

http://freeport1953.com/intel-report-children-abuse-bebest-for-beless/

http://freeport1953.com/stemexpress-ceo-admits-selling-beating-baby-hearts-intact-baby-heads-in-daleiden-hearing/

http://freeport1953.com/watch-live-state-ags-unveil-sweeping-anti-trust-probe-against-google-on-steps-of-the-supreme-court/= this posting

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The Admiralty Court Exists Because the U.S. is Under Martial law

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The Admiralty Court Exists Because the U.S. is Under Martial law

published on Bibliotecapleyades.net

This Awareness* wishes briefly to remind entities that the admiralty court is the court in which the gold braid goes around the American Flag which indicates the court is under martial law, or under admiralty law, from the martial law since Abraham Lincoln’s executive order putting it under martial law, and in order to continue staying under martial law, the country has to have some kind of war every two years. Thus, the war on drugs, the war on poverty, et cetera, and the admiralty laws are used in the courts in such a way that they are not necessarily tied to the Constitution, although the Constitution is said to be the law of the land.

Did you know the U.S. has a Military and a Civil Flag?

This Awareness indicates that when Lincoln was assassinated, no one thought to put an end to this declaration of martial law because of the Civil War and because the martial law has continued up to this time, from the time of the Civil War, the nation can be directed by what is called Admiralty Law or martial law by simply a command of the President or the authority of the land or his agents.

It is not even required by Admiralty Law that Congress conduct proceedings to make laws. The Admiralty Law can provide statutes, which are called statutory laws, while the country is under Admiralty or martial law, but the Admiralty or martial law must come to an end eventually, in which it much either end or be reinstated. Thus, entities will find a new effort to create martial law in this country again. It may be martial law against what is termed a crime wave, even though crime has decreased two years in a row and has not increased much in the past several years.

“A country cannot be both ignorant and free…”
Thomas Jefferson

US Under Martial Law – War and The Emergency Powers

For example, they may find that a crisis lets them circumvent rules or laws that are protected by Constitutional principles so that they break the Constitution by following procedures in the activity of a disguise of helping out in a crisis. The emergency acts often set aside laws and once a law is set aside for an emergency, it may be left sitting aside.

For example, Abraham Lincoln declared martial law during the Civil War. Martial law has not been lifted yet from his declaration of martial law, over a hundred years ago. This Awareness indicates that any time entities in power want to do something that is illegal under the Constitution, they go simply ahead with it under the principle of the martial law declared by Lincoln. That is how the Executive Orders are presented. They are Executive Orders based on martial law that has not been lifted. This is also referred to as admiralty law.

Thus you have, in one period, a war on poverty. A few years later you have a war on drugs. And there are more and more of these wars occurring every two years. Otherwise, Martial Law would have to be canceled and you would be back under the Constitution, and your freedoms could be restored. You could then plead Constitutional Rights in courts of law. However, at present, the courts of law are following Admiralty Law, and therefore, if you plead Constitutional Rights in court, you are not likely to get anywhere.

Since March 9, 1933, the United States has been in a state of declared national emergency. In fact, there are now in effect four presidentially-proclaimed states of national emergency: In addition to the national emergency declared by President Roosevelt in 1933, there are also the national emergency proclaimed by President Truman on December 16, 1950, during the Korean conflict, and the states of national emergency declared by President Nixon on March 23, 1970, and August 15, 1971.
http://www.rallye-pointe.com/em_powers.htm

Ooooops….and here comes for your entertainment “A Letter to the Sheeple”

Thus Constitutional Rights only count when you get up into the Supreme Court, for there is a tendency to continue to use the Constitutional law in the Supreme Court because they do not want the people to know that the Constitution has been superseded by Admiralty Law. This Awareness indicates that therefore, the Supreme Court will often rule if there is a constitutional discrepancy, so that the lower laws are supposed to follow the Constitution, and yet, entering into a court of law, arguing with the Constitution, seldom is beneficial to an entity because they will say the entity is in the wrong jurisdiction in this court.

They do not recognize your Constitutional Law in the jurisdiction of an Admiralty setting or court, and therefore, they will rule against you, This is the purpose of lawyers. They are clearly aware of their role in the Admiralty court, because you are not in the right jurisdiction for such.

American Patriot Friends Network:

The admiralty law, like any military law, has its own set of rules. This Awareness indicates it is also likened unto a corporation, which has its rules or laws, and when the laws of a corporation affect an entity in a way that is contrary to his or her Constitutional laws, then the entity can sue the corporation and rely on the Constitution, but this is often ignored by the corporations and most entities do not have the funds necessary to follow through to sue a corporation in order to have the Constitutional rights adjudicated.

The Federal Government in D.C. a Corporation from England

This Awareness indicates that likewise, the corporation that is the Federal government in Washington D.C., which was incorporated in the last century in London, England, which the Freeman have pointed out has its rules; these are the Federal statutes and so forth; and these too are designed for certain purposes but are required to follow the Constitution and if entities feel their Constitutional Rights have been violated by a Federal statute, they have the option of suing the Federal government and the statute for a constitutional ruling in the Supreme Court.

This Awareness indicates however, the ability to follow a case through the Supreme Court to test a Federal statute is not always easy, nor is it inexpensive. It is very costly, and very difficult and may take years. This Awareness indicates that for these reasons, the Federal statutes are extremely difficult for entities to overrun, and by carrying on the martial law in this country and using the Federal statutes as law, the Constitution becomes less and less effective, because it becomes more and more expensive to use, and therefore, gradually, over periods of time, more and more statutes and more and more corporate rules had their effect over the masses to the point where entities begin to feel that they do not have any rights, and whereby even judges in courts of law dismiss and refuse to allow constitutional points of law to occur in their courts.

The Judicial System is Really to Protect the D.C. Corporation

Why should they allow constitutional points of law in their courts when they are actually military courts? This Awareness indicates that most entities think the judicial system is there to protect the rights of entities according to the Constitution, the law of the land, the Bill of Rights and so forth, but they are really there to keep order in society and to protect those who have the power and the money and to assure that no one disturbs the infrastructure of the corporation being promoted from London or the state rules and those that are promoted by the courts as military organizations.

Courts Are Above The Constitution?

Queen Elizabeth controls and has amended U.S. Social Security

THE UNITED STATES IS STILL A BRITISH COLONY

The Press Works for those Who Promote the New World Order

This Awareness indicates the press of course works for the people who bring you the New World Order, who bring you the means by which this country will eventually be enslaved, and the press ins not going to promote clear and honest reporting on these kind of of issues. There are things from the Internet, that give some clear reporting. This Awareness indicates that in general, however, most people will only receive what the world planners want them to know, and therefore, they are not likely to get the full story.

A stroke of a Pen Could Create Martial Law
(Revelations of Awareness 94-5)

This Awareness indicates that this could occur at the stroke of a pen when the Constitution is discarded under martial law, which could occur any day that it is decided. This Awareness indicates that as soon as the people are disarmed, the martial law that has been in existence in this country since Lincoln will be publicly exposed and people will realize they no longer can use Constitutional claims, freedom, rights, and so forth, as a defense, and that they have no right to bear arms, they have no right to congregate, they have no freedom of speech, they have no rights in the courts of law to a fair trial by their peers.

They have no rights to prevent their homes from being searched. This Awareness indicates that the major block to martial law being announced is that there are some 70 million gun owners. Many of these entities being upright citizens and business people who do not consider it the business of government to enter in their homes, to take their weapons, and therefore, they are a danger to anyone who would violate the rights as given by the Constitution.

In other words the Federal government does not want the people to know yet they are under martial law, or that they are not protected by the Constitution for fear that if they were to discover this, it could start a civil war directed at the Federal government from this army of 70 million people, for there are only 3 million armed people in the military and police force in this country at this time.

***

“Government” working for the Rothschilds

(Revelations of Awareness 94-8)

This Awareness indicates that in a country where freedom of speech and other freedoms are allowed, entities have been killed for expressing or pursuing those freedoms. It is because this country is out of control in terms of the type of government, and who the government really is working for, because this government has not been working for the people for some time.

It has been working for the Rothschilds and other international bankers in their effort to create a New World Government, run by the United Nations, which is a Rothschild organization, which is an international banking organization. It is basically owned by the international bankers, established by them, set up by them, and influenced and basically controlled by them..

On Timarchy and the Usurper’s Machineries

This Awareness indicates that it is time for the people to reclaim their inalienable rights that were given to them by the Divine, and handed to them through laws of the United States Constitution, the Magna Carta, and other documents from antiquity and historical situations wherein mankind fought, suffered, and died to win these freedoms.

Government’s “Crime Prevention”-
just another new way to confiscate the guns from U.S. citizens

This Awareness indicates in other words, the government has gotten into Crime prevention, by making the planning or the attempt to cause a crime a crime in itself. This Awareness indicates that this is also part of the reasoning behind the anti-gun movement, in which government sees that anyone having a gun, wherein the Constitution gives entities the right to bear arms, the government is saying:

“If we take away the guns, they cannot commit the crime, thus it is Crime Prevention. If we make it a crime to have the guns, then we make it a crime in a way that prevents crime from occurring.”

Thus, getting into Crime Prevention may go against the Constitution of the United states, but it would be to the benefit of the New World Order to be able to call any kind of potential violence a crime. They could even go further and restrict knives or bows and arrows, but this is not likely to occur. The ownership of bows and arrows however might eventually become a crime, because generally bows and arrows would be considered potentially violent in their use.

This Awareness indicates in other words, by creating a set of laws to prevent an entity from having the ability to commit a crime, is making it so that entities do not have to take responsibility for themselves. They only obey and are taken care of by the government and its laws. The Constitution put the burden on the individual to be a good citizen, whereas the New World Order is putting the burden on the individual to give up freedoms and to obey the government and its statutes and laws that do not guarantee freedoms.

This Awareness indicates the Constitution was concerned about the judgments and laws of King George and of government itself, and made it such that the people were in charge of the government. The Constitution was there to serve the people against an unruly tyrannical government to ensure that the government would never be able to set up a totalitarian control over the masses.

This has more or less neutralized, negated, and made obsolete, though they still pretend the Constitution has power. The agencies, particularly the Justice Branch of government and the executive Branch have total control over the people at this time. If a case is brought to a courthouse anywhere in the United States, and an entity attempts to use the Constitution as the arguments for protection, they will get nowhere in the effort, because the courts are not operating under the Constitution. They are operating under martial law, and as continued to the present.

~~~~~~

http://freeport1953.com/the-admiralty-court-exists-because-the-u-s-is-under-martial-law/= this posting

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There Was A Decisive Choice To Terminate The Entire Collective Experience Without “playing out the rest”: More

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There Was A Decisive Choice To Terminate The Entire Collective Experience Without “playing out the rest”…

Email from Heather Ann Tucci-Jarraf to Terran

HATJ:

lol <3

On Adam’s B-Day, 9-9, there was a happy, decisive choice to terminate the entire collective experience without “playing out the rest” and simultaneously jump into the “end/beginning result”…the feeeelings that would be experienced in “playing out the rest” have already been experienced and the fear from those at the prospect of “playing out the rest “was palpable …the inner shudders at the probable judgment, shaming, shunning, etc., and the lack of faith at the compassion, acceptance, and love, were visible, tangible, etc…..my “input” was that I would happily forgo anyone having to go through all of that, for i did not need the “playing out the rest”, and that all would jump into the “end/beginning result”…

On Eli’s B-Day, 9-10, I had the video visit with the family…joyous, beautiful, grateful…then the vid visit with You, Bev, Sammy was a wonderful bonus and we toned out the termination of “playing out the rest” and jumping right into the “end/beginning result” immediately…

On 9-11, there were many discussions done through all of Existence about all that each had not accomplished yet, almost like many “life reviews” going on all at once and a deeeeeeeeeeeep sadness was expressed and flowed through all that is, and all of me…the sadness was greater than any other sad flow previously programmed into “9-11″…and i still remember 9-11 from my own experience, standing at the palace’s market in Casablanca, Morocco…crazy stuff, emotions that took ya to the floor.

On 9-13, while celebrating my roommate’s birthday, a message arrived in response to the termination/jump being currently implemented…”Jeramiah 20:11″…that’s it…nothing else was written on the paper, and the piece of paper it was written on was shaped like a bear, really like the bear hug emoti from skype, lol…and of course, I had to go borrow a bible from another girl to look up the verse…and when i read it, i laughed, and laughed, and laughed, for there was a joyous, yet sheepish, sense of humor wrapped around that message…

For the next 24 hours we “re-wrote”/”re-programmed” the energetic flow, frequencies, and vibrations of said message and realigned its setting for “immediate” and “speed of heart” and “already done” with and within the flow…because i may not exist in a time continuum, but i am considerate of the fact that Universal’s have “shitty timing” and there are others in Existence that bear the brunt of that fact of “shitty timing” unnecessarily!

9-14, “All are with me as a mighty, awesome One. Therefore my persecutors did stumble and did not prevail. They are greatly ashamed, for they did not prosper. Their everlasting confusion is never forgotten.”, was duly entered, programmed, and immediately implemented…onward to the celebration of All, by All, with All!!!!!!!!!

my love to you, bev, sammy, and all there!

~~~~~~~~~

MORE FROM hatj

The Fed Shocks Everyone With An Emergency Inter

TUCCI-JARRAF HEATHER ANN (86748007)

Thursday, September 19, 2019 8:35 PM

RE: The Fed Shocks Everyone With An Emergency Inter

Lol…no size of injection can save the corpse of the federal reserve, et al, nor the decayed financial system (global
and national) that died years ago…the fed is dead…by their own choices
All that moves forward is the original, in all its BEingness…no more fraudulent overlays of any kind, form, or
matter 🙂

Love you, lili <3

___________________________________________________________________

From: HEATHER ANN TUCCI-JARRAF

To: Lisa Sannon

Date: 9/20/2019 2:08:10 PM

Subject: response to request for data ~ pt 1

Buon giorrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrno a tutti!

Lisa, honey, per your request, you asked for my intuitive view on a few matters specifically overlighted last year by another during a remote viewing, recorded in 9 videos between July 18-25th, 2018…and all that was not seen of those moments… revealed in every detail of every moment of those “dates” and all that occurred in, around, through, and beyond the guise of Tennessee…All of what amounts to universal data clusters/universal nexus points of all of existence. I informed you that others were emailing/contacting/bringing forth and overlighting other data points within those same universal data clusters/universal nexus points of all of existence, and that I would share with you my knowing, and experiences, with said specific points you asked about from the remote viewings, which I have not seen as there is no internet, but did previously point out that in order to access said nexus points takes a purity of heart, complete love, compassion, and no judgment…and when that is the BEingness, all that is, is accessible during those moments of purity of heart, etc.

1. RE: RV ~ I have addressed this many times over the years, and my previous answers have not changed, they remain consistent, because the data, and the totality of the data regarding “Value” is consistent and has not changed. I refer you to those previous answers, with the knowledge that the expansion of consciousness now present may allow for data previously delivered but not seen to be shown and known now.

2. RE: Q and Anonymous seeming as if they were ” kind of battling it out” ~ Universally speaking, any and all tools that had potential to hyperaccelerate expansion of consciousness and presentation and experience of complete BEingness are considered and used as appropriate by all…however, the appearance, and presumption, of “sides” is an allusion and an illusion, often times leading to “de-lusion”, lol…no prejudice was utilized in determining the means to expanding BEingness so that not one part of BEingness operated secretly, covertly, etc, because ALL have been and continue to be focused on making the complete BEing of each and All visible and creating from that complete BEingness…and each facet of BEingness is treasured above all else…yes, the remote viewer intuited/saw the flow of all that is correctly in this regard…each individuality, each uniqueness of BEing is a gift beyond all measures, treasured, appreciated, revered, and protected with All Heartitude so that it may BE, in purity, with no prejudice…i am beyond grateful that he overlighted this universal nexus point, for it is the “heart” of the matter that drives heartitude <3

to be continued, lili…

“This fellow, Edward Riordan, did a remote viewing on Q in July 2018. I have not heard of him before. I saw him on a Sarah Westall video with 2 other remote viewers. There are about 6 or 7 videos covering the Q remote viewing session and I found his data extremely interesting The link below is to one of the videos and the rest can be found on his youtube page posted around September 2018  [ https://www.youtube.com/watch?v=Z5aHPUSoMnY ] ”

___________________________________________________________________________

From: HEATHER ANN TUCCI-JARRAF

To: Lisa Sannon

Date: 9/20/2019 5:51:28 PM

Subject: pt 1 continued into pt 2 🙂

2. (CONTINUED) RE: Q ~ Q and all such tools of expansion are used to get all focused/unified beyond all separations …not uniqueness, mind you, for that is the beauty of all that is…but feeeeelings and perceptions of all being separate.

3. RE: “KEY PEOPLE” (remote viewer’s term, not mine or Universal’s)…remote viewer’s intuitive views, and descriptions Lisa provided, WERE spot on, as the so-called “KEY PEOPLE” saw it all, including those the so-called people “conditioned/trained” to see them as they deemed themselves worthy and operate on their behalf, i.e. “the old man”/”grandfather”, et al, Xi (offspring of so-called “KEY PEOPLE”), other offspring strategically placed within US TREASURY, FEDERAL RESERVE, FBI, CIA, NSA, positions within three branches of US Government, etc, Multi-National Corporations (or placed as the spouses of those at the top), ~~~ and all international equivalents thereof…the so-called “KEY PEOPLE” viewed/perceived everyone as less than and themselves as “all that”, all that and more, past tense, for they are no longer “all that”, lol, and they are no longer “affective” nor “effective” in all that is…the so-called “KEY PEOPLE”, are the ones I speak of/refer to/identify when I write “China”, “Russia”, “US/United States”, also referred to by me as “foreign actors”, etc…for the so-called “KEY PEOPLE” have known no boundaries here, because all boundaries are of their making and they have been “economic boundaries” stretched into physical boundaries…

…and I do overlight this, during July 17-25, 2018 (even including the moment of their reminder/containment of Varlan via Spencer) there was a lot of foot stomping, making Xi a “President of Perpetuity”, yet not arriving at being the “President of ‘The Perpetuity’”, LOL!…and as the remote viewer saw, incessant waving of a so-called patent or discovery…and they did feeeeeel that they were holding all the cards…now, they and all other parts of existence are aware that they weren’t, or at the very least, they were holding a loosing hand, lol <3 Compassion and complete love for those ones did successfully complete their shift out of exclusivity and into unity…it was tiresome, heartbreaking, and heart expanding all in one :)…and the former systems are imploding into heart.

Remote viewer’s intuitive feelings are spot on, specifically and particularly his statement: “…that this is waaay waaay bigger than just ‘deep states’ or ‘Trump is good guy and they are the bad guy’ and it is so far beyond that…that there is a real puppet master who is really keeping us distracted on the surface while there is a major major plan that is unfolding. If my stuff is right.”…Yes, correct…

To be continued, Lili …

___________________________________________________________________________

From: HEATHER ANN TUCCI-JARRAF

To: Lisa Sannon

Date: 9/20/2019 7:06:20 PM

Subject: Pt 3

Last mention of the remote viewer’s reference to the so-called “KEY PEOPLE” ~ there are those present on this Earth that balanced these BEings, i.e. those that can appear/expand/change in an instant in direct relation and direct action to that which requires balancing/stability, i have refered in the past to these beings as “Source Fource”, and various historical global militaries, administrations, secret societies, schools of thought, religions, etc., have had their own reference names for these beings…as consciousness and all that is have expanded, so has the “source fource” of all that is in its presence every “where”…all “countries” have been used, abused, etc., by the so-called “KEY PEOPLE” prior to their removal/transition/expansion last year…yes, they may be seen/perceived as resonating closest with China/Chinese/Asian, however, they tolerated such comparisons, assumptions, presumptions because it served their ultimate purposes of control, power, and wealth…what is being dissolved now is the “after-taste”, and that is hyperaccelerated by the creations now 🙂

…to sum up, the so-called “KEY PEOPLE’S”/et al’s wealth was sucked up and removed, and done using their own “rules” for humor, and in humor…they have no patent/ownership/discovery, etc., but they were given their opportunity to make their best presentation to all on Earth, if they chose to…the Universal Security Agreement, *the Perpetuity, may not have been, and may not be, comprehended by some here, but that is not, and was not, necessary to Universally implement and enforce and protect and expand all of Existence….All of Existence, Earth, humanity, individuality, uniqueness are more treasured and revered than any can comprehend in these moments.

…there is and has all ways always been uniqueness in unity…individuality in unity…all facets are brillant, brilliantly done, and doing brilliantly!!!!

4. RE: Nanotech, Artificial Intelligence, Implants, ChemTrails, etc. ~ All of it is negated by Consciousness…and cannot survive specifically and particularly with the ever-expanding consciousness of each individual and collective, jointly and separately considered and acting. Bance Hom and I used to have lovely conversations about all that <3

Did I answer your requests for data/response to your satisfaction, Lili? (That may be a trick question, lol!)

Hugs, love, gratitude, heartitude, and celebrations to you, Lisa, and All…for All, by All, with All

Read more here: on September 17, 2019 

~~~~~~~~~

http://freeport1953.com/there-was-a-decisive-choice-to-terminate-the-entire-collective-experience-without-playing-out-the-rest-more/= this posting

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Intel Report: Corey’s Digs, Dig it!

Trump Administration Asks for Comments on Child Sex Trafficking in Foster Care System

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WASHINGTON—The Trump administration’s Department of Health and Human Services is putting out a call for whistleblowers and concerned citizens to come forward to discuss child sex trafficking in the foster care system.

“The National Advisory Committee on the Sex Trafficking of Children in Youth in the United States has discussed vulnerabilities of children and youth who have interacted with foster care systems and is working on recommendations for professionals in these settings. We encourage everyone with specific ideas or recommendations to submit them in writing for the members’ consideration: https://www.acf.hhs.gov/otip/resource/nacpublic18,” the Committee exclusively told The Epoch Times on Friday, Oct. 4, the day the Committee held a public meeting on ways to combat child sex trafficking.

“If you have comments for the Committee, contact adonald@nhttac.org,” the committee’s official comments page states.

The Committee held its meeting in Alexandria, Virginia on the same day that parents staged a rally at the California state capitol in Sacramento to speak out against Child Protective Services (CPS), alleging widespread abuse and corruption in the CPS system.

The Epoch Times reported that the Adoption and Safe Families Act (ASFA), spearheaded by Hillary Clinton and signed into law in 1997 by her husband President Bill Clinton, created a program by which the federal government sends incentive checks to states for each child adopted out of foster care—with mandatory adoptions occurring when a child has been in foster care for 15 of the past 22 months.

The state of California, which officially labels all missing foster care children as “runaways,” has been rocked by allegations of child sex abuse in the Contra Costa County foster care system. The State Department’s 2019 human trafficking report stated that “in the United States, traffickers prey upon children in the foster care system.” President Donald Trump’s Family First Prevention and Services Act, which eliminates some financial incentives for removing children from their biological families, went into effect on Oct. 1 but some advocates say the law does not go far enough.

Public comments already started flowing in ahead of Friday’s meeting.

“As an advocate for families and children, financial incentives pose a big problem to the already broken family court system and their unethical practices,” citizen Amy Betts said in a public comment published by HHS. “Jurisdiction as defined, is not followed by these state run family courts. Including that they violate rights daily through use of their unethical and fraudulent activities that they currently use to incentivize the state and its funding. Children are taken from fit families, including through fraudulent orders by the state run family courts.

“Through the use of ‘Hague Conventions’ stated in the fraudulent orders being created, these courts take and keep children from their families-putting them in worse situations than they were taken from. Many of these children run away, and have issues stemming from the abuses that have been created by these family courts, who through the assistance of DHHS, CPS, and other state run agencies, power goes unchecked and children and families lives are destroyed.

“This is where the majority of your trafficking victims come from. When wrongdoing is proven by way of these state courts and administrative agencies, there is then no recourse for the victims.”

“Reform the State run Family Courts! Stop incentivizing the states and these agencies through taking children and placing them in foster care and adopted homes! Assistance must be to the biological families. And abusers must be held accountable. Counseling (and forgiveness) will not change the actions of those causing harm.

“Without accountability, the abusers understand that they get to continue with what they are doing, then learn new ways to hide behind the law and continue with their fraudulent practices. There are many families, including children that suffer,” Betts stated in her comment.

“Our agencies and our foster care system has shown the wide range of outcomes for children in foster care,” stated citizen Devra Waterman and others, who submitted the same letter calling for teenagers in foster care to be allowed to return to their families if they wish. “For those who struggle to find a safe place within the system, their outcomes are dismal. Homelessness, joblessness, drug use, prostitution and without family reunification, lacking any support when they age out of foster care. Many adoptive and foster children do not find a permanent place with their adoptive or foster parents. Often, the relationship ends when they age out of the system.”

“I ask you not to wait. I ask you to implement this simple policy to allow older children subjected to foster care to be able to request and voice their desire to return to the safe family member with support from state agencies to provide the reunification for families nationwide while reducing the number of runaways and sex trafficked foster kids,” Waterman and others said.

~~~~~~~~~

Related: http://freeport1953.com/intel-report-children-abuse-bebest-for-beless/

http://freeport1953.com/trump-administration-asks-for-comments-on-child-sex-trafficking-in-foster-care-system/= this posting

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U.S. And UK Sign Landmark Cross-Border Data Access Agreement to Combat Criminals and Terrorists Online

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ag_barr_and_uk_home_secretary_priti_patel_-68_2
The United States and the United Kingdom entered into the world’s first ever CLOUD Act Agreement that will allow American and British law enforcement agencies, with appropriate authorization, to demand electronic data regarding serious crime, including terrorism, child sexual abuse, and cybercrime, directly from tech companies based in the other country, without legal barriers.

The current legal assistance process can take up to two years, but the Agreement will reduce this time period considerably, while protecting privacy and enhancing civil liberties.  The historic agreement was signed by U.S. Attorney General William P. Barr and UK Home Secretary Priti Patel at a ceremony at the British Ambassador’s residence in Washington, D.C.

Attorney General William Barr said: “This agreement will enhance the ability of the United States and the United Kingdom to fight serious crime — including terrorism, transnational organized crime, and child exploitation — by allowing more efficient and effective access to data needed for quick-moving investigations.  Only by addressing the problem of timely access to electronic evidence of crime committed in one country that is stored in another, can we hope to keep pace with twenty-first century threats.  This agreement will make the citizens of both countries safer, while at the same time assuring robust protections for privacy and civil liberties.”

Home Secretary Priti Patel said: “Terrorists and paedophiles continue to exploit the internet to spread their messages of hate, plan attacks on our citizens and target the most vulnerable.  As Home Secretary I am determined to do everything in my power to stop them. This historic agreement will dramatically speed up investigations, allowing our law enforcement agencies to protect the public.  This is just one example of the enduring security partnership we have with the United States and I look forward to continuing to work with them and global partners to tackle these heinous crimes.”

Both governments agreed to terms which broadly lift restrictions for a broad class of investigations, not targeting residents of the other country, and assure providers that disclosures through the Agreement are compatible with data protection laws.  Each also committed to obtain permission from the other before using data gained through the agreement in prosecutions relating to a Party’s essential interest—specifically, death penalty prosecutions by the United States and UK cases implicating freedom of speech.

The novel US-UK Bilateral Data Access Agreement will dramatically speed up investigations by removing legal barriers to timely and effective collection of electronic evidence.  Under its terms, law enforcement, when armed with appropriate court authorization, may go directly to tech companies based in the other country to access electronic data, rather than going through governments, which can take years.  The current Mutual Legal Assistance (MLA) request process, which sees requests for electronic data from law enforcement and other agencies submitted and approved by central governments, can often take many months.  Once in place, the Agreement will see the timeline obtaining evidence significantly reduced.

The Agreement will accelerate dozens of complex investigations into suspected terrorists and pedophiles, such as Matthew Falder who was convicted in 2018 in the UK of 137 offenses after an eight-year campaign of online child sexual abuse, blackmail, forced labor and sharing of indecent images, which highlighted the need to speed up these investigations.

The United States will have reciprocal access, under a U.S. court order, to data from UK communication service providers.  All requests for access to data will be subject to independent judicial authorization or oversight.

In March 2018, Congress passed the CLOUD Act, which authorizes the United States to enter into bilateral executive agreements with rights-respecting partners that lift each party’s legal barriers to the other party’s access to electronic data for certain criminal investigations.  The Agreement was facilitated by the UK’s Crime (Overseas Production Orders) Act 2019, which received Royal Assent in February this year.  The Agreement will enter into force following a six-month Congressional review period mandated by the CLOUD Act, and the related review by UK’s Parliament.

We anticipate releasing a copy of the agreement in the near future following Congressional and Parliamentary notification.

For more information on the CLOUD Act, go to: https://www.justice.gov/dag/page/file/1153466/download and https://www.justice.gov/dag/cloudact.

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http://freeport1953.com/u-s-and-uk-sign-landmark-cross-border-data-access-agreement-to-combat-criminals-and-terrorists-online/= this posting

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Federal Law Enforcement Action Involving Fraudulent Genetic Testing Results in Charges Against 35 Individuals Responsible for Over $2.1 Billion in Losses in One of the Largest Health Care Fraud Schemes Ever Charged

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supreme-court-overturns-precedent-in-property-rights-case-a-sign-of-things-to-come-672x372Elderly Patients Nationwide Lured into Criminal Scheme; Centers for Program Integrity & Medicare Services Takes Administrative Action against Providers that Submitted Over $1.7 Billion in Claims

A federal law enforcement action involving fraudulent genetic cancer testing has resulted  in charges in five federal districts against 35 defendants associated with dozens of telemedicine companies and cancer genetic testing laboratories (CGx) for their alleged participation in one of the largest health care fraud schemes ever charged. According to the charges, these defendants fraudulently billed Medicare more than $2.1 billion for these CGx tests.  Among those charged today are 10 medical professionals, including nine doctors.

The Department of Justice, Criminal Division, together with the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) and FBI spearheaded today’s landmark investigation  and prosecution that resulted in charges against CEOs, CFOs and others.

In addition, the Centers for Medicare & Medicaid Services, Center for Program Integrity (CMS/CPI), announced today that it took adverse administrative action against cancer genetic  testing companies and medical professionals who submitted more than $1.7 billion in claims to the Medicare program.

Today’s announcement is a culmination of coordinated law enforcement activities over the past month that were led by the Criminal Division’s Health Care Fraud Unit, resulting in charges against over 380 individuals who allegedly billed federal health care programs for more than $3 billion and allegedly prescribed/dispensed approximately 50 million controlled substance pills in Houston, across Texas, the West Coast, the Gulf Coast, the Northeast, Florida and Georgia, and the Midwest.  These include charges against 105 defendants for opioid-related offenses, and charges against 178 medical professionals.

Today’s enforcement actions were led and coordinated by the Health Care Fraud Unit of the Criminal Division’s Fraud Section in conjunction with its Medicare Fraud Strike Force (MFSF), as well as the U.S. Attorney’s Offices for the Southern District of Florida, Middle District of Florida, Southern District of Georgia, Eastern District of Louisiana, and Middle District of Louisiana.  The MFSF is a partnership among the Criminal Division, U.S. Attorney’s Offices, the FBI, DEA and HHS-OIG.  In addition, the operation included the participation of various other federal, state and local law enforcement agencies, including the Louisiana Medicaid Fraud Control Unit.

The coordinated federal investigation targeted an alleged scheme involving the payment of illegal kickbacks and bribes by CGx laboratories in exchange for the referral of Medicare beneficiaries by medical professionals working with fraudulent telemedicine companies for expensive cancer genetic tests that were medically unnecessary.

Often, the test results were not provided to the beneficiaries or were worthless to their actual doctors.  Some of the defendants allegedly controlled a telemarketing network that lured hundreds of thousands of elderly and/or disabled patients into a criminal scheme that affected victims nationwide.  The defendants allegedly paid doctors to prescribe CGx testing, either without any patient interaction or with only a brief telephonic conversation with patients they had never met or seen.

“These defendants allegedly duped Medicare beneficiaries into signing up for unnecessary genetic tests, costing Medicare billions of dollars,” Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division.  “Together with our law enforcement partners, the Department will continue to protect the public fisc and prosecute those who steal our taxpayer dollars.”

“The scope and sophistication of the health care fraud detected in Operation Double Helix and the related Operation Brace Yourself is nearly unprecedented.  But the citizens of the Southern District of Georgia should know that we put together an unprecedented response,” said U.S. Attorney Bobby L. Christine of the Southern District of Georgia.  “Our office charged more defendants, responsible for more health care fraud losses, than ever before in this office’s history. While these charges might be some of the first, they won’t be the last.”

“The defendants allegedly targeted elderly, disabled and other vulnerable consumers, luring them into this fraudulent scheme that affected victims nationwide and generated losses in excess of one billion dollars which spanned multiple jurisdictions,”  said U.S. Attorney Peter G. Strasser for the Eastern District of Louisiana.  “Schemes such as these have a profound effect on our nation, not only by the monies lost in the scheme, but also by stoking public distrust in some medical institutions.  It is imperative to preserve taxpayer confidence whenever and wherever possible.  Our office, along with our investigative partners, reminds seniors and their caregivers to be vigilant for fraudulent schemes.  If you are aware of or believe you are the victim of a health care fraud scheme, please contact law enforcement.”

“The defendants are alleged to have capitalized on the fears of elderly Americans in order to induce them to sign up for unnecessary or non-existent cancer screening tests,” said U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida.   “The genetic testing fraud schemes put personal greed above the preservation of the American health care system.  The U.S. Attorney’s Office in South Florida, alongside our law enforcement and USAO partners, remains committed to protecting taxpayer dollars and the Medicare program from abuse.”

“We are honored to work every day alongside our law enforcement partners to stop the exploitation of vulnerable patients and misuse of taxpayer dollars,” said CMS Administrator Seema Verma. “In order to prevent additional financial losses, CMS has taken swift action to protect the Medicare Trust Funds from the providers who allegedly have fraudulently billed over $1.7 billion. CMS continues to use a comprehensive and aggressive program integrity approach that includes fraud prevention, claims review, beneficiary education, and targeting high-risk areas of the federal healthcare programs with new tools and innovative demonstrations.”

“Healthcare fraud and related illegal kickbacks and bribes impact the entire nation,” said Assistant Director Terry Wade of the FBI’s Criminal Investigative Division.  “Fraudulently using genetic testing laboratories for unnecessary tests erodes the confidence of patients and costs taxpayers millions of dollars.  These investigations revealed some medical professionals placing their greed before the needs of the patients and communities they serve.  Today’s law enforcement actions reinforce that the FBI, along with its partners, will continue to pursue and stop this type of illegal activity.”

“Unfortunately, audacious schemes such as those alleged in the indictments are pervasive and exploit the promise of new medical technologies such as genetic testing and telemedicine for financial gain, not patient care,” said Deputy Inspector General for Investigations Gary L. Cantrell of HHS-OIG.  “Instead of receiving quality care, Medicare beneficiaries may bevictimized in the form of scare tactics, identity theft, and in some cases, left to pay out of pocket.  We will continue working with our law enforcement partners to investigate those who steal from federal healthcare programs and protect the millions of Americans who rely on them.”

*********

In the Southern District of Florida, the following defendants were charged:

Richard Garipoli, 42, of Loxahatchee, Florida, the owner of a telemedicine company Lotus Health LLC (Lotus Health), located in Loxahatchee, is charged with conspiracy to commit health care fraud, conspiracy to pay and receive kickbacks, and substantive counts of health care fraud and receiving kickbacks.  The indictment charges that from January 2017 through September 2019, Garipoli, and unnamed co-conspirators, billed Medicare and Medicare Advantage plans over $326 million, for which Medicare paid over $84 million, for false and fraudulent Cancer Genomic tests (CGx Tests) that were not medically necessary, and not eligible for Medicare reimbursement.  Doctors contracted with Lotus Health allegedly authorized bogus doctors’ orders that the CGx Tests were medically necessary when the doctors did not engage in treatment of the beneficiaries, had no physician-patient relationship with them, and often did not even speak with the beneficiaries for whom they ordered tests.  The Indictment alleges that various companies paid kickbacks to Lotus Health in exchange for ordering and arranging for the ordering of CGx tests for Medicare beneficiaries, without regard to whether the CGx tests were medically necessary or eligible for Medicare reimbursement, and without regard for the fact that the tests were prescribed without any physician-patient relationship.  Various laboratories including Clio Laboratories in Lawrenceville, Georgia and LabSolutions in Atlanta, Georgia and Easton, Pennsylvania then allegedly submitted false and fraudulent claims to Medicare and Medicare Advantage plans for the false and fraudulent CGx tests that were not medically necessary and not eligible for Medicare reimbursement.  Garipoli and others allegedly concealed the submission of these false and fraudulent claims to Medicare and Medicare Advantage plans; and diverted fraud proceeds for their personal use and benefit, the use and benefit of others and to further the fraud.  The case is being prosecuted by Trial Attorneys James Hayes and Tim Loper of the Criminal Division’s Fraud Section

Jamie Simmons, 62, a resident of South Carolina, and the owner of telemedicine companies MedSymphony LLC (MedSymphony) and Meetmydocc LLC (Meetmydoc) in Ft. Lauderdale Florida, is charged with conspiracy to commit health care fraud, conspiracy to pay and receive kickbacks, and substantive counts of health care fraud and receiving kickbacks.  The indictment alleges that from January 2018 through September 2019, Simmons, and unnamed co-conspirators, billed Medicare and Medicare Advantage plans over $56 million, for which Medicare paid over $17 million, for false and fraudulent Cancer Genomic tests (CGx Tests) that were not medically necessary, and not eligible for Medicare reimbursement.  Doctors contracted with MedSymphony authorized bogus doctors’ orders that the CGx Tests were medically necessary when the doctors did not engage in treatment of the beneficiaries, had no physician-patient relationship with them, and often did not even speak with the beneficiaries for whom they ordered tests.  The Indictment alleges that various companies paid kickbacks to MedSymphony through Meetmydoc in exchange for ordering and arranging for the ordering of CGx tests for Medicare beneficiaries, without regard to whether the CGx tests were medically necessary or eligible for Medicare reimbursement, and without regard for the fact that the tests were prescribed without any physician-patient relationship.  Various laboratories then submitted false and fraudulent claims to Medicare and Medicare Advantage plans for the false and fraudulent CGx tests that were not medically necessary and not eligible for Medicare reimbursement.  Simmons and others allegedly concealed the submission of these false and fraudulent claims to Medicare and Medicare Advantage plans; and diverted fraud proceeds for their personal use and benefit, the use and benefit of others and to further the fraud.  The case is being prosecuted by Trial Attorneys James Hayes and Tim Loper.

Minal Patel, 40, of Atlanta, Georgia was charged based on his role in an alleged scheme to solicit medically unnecessary CGx tests from Medicare beneficiaries through telemarketing and “health fairs.”  The tests were then approved by telemedicine doctors who allegedly did not engage in treatment of the beneficiaries, and often did not even speak with the beneficiaries for whom they ordered tests.  Patel, the owner of LabSolutions in Georgia and Pennsylvania, then paid the telemarketers illegal kickbacks and bribes in exchange for the doctor’s orders and medically unnecessary tests.  LabSolutions billed Medicare for more than $494 million.  In addition, the government seized approximately $30 million in bank accounts from Patel, as well as luxury vehicles, including a Ferrari and a Range Rover.  The case is being prosecuted by Trial Attorneys Tim Loper and James Hayes.

In the Eastern District of Louisiana, the following defendant was charged:

Khalid Satary, 47, of Suwanee, Georgia was charged based on his role in an alleged scheme to solicit medically unnecessary cancer genetic (CGx) tests from Medicare beneficiaries through telemarketing and “health fairs.”  The tests were then approved by telemedicine doctors who did not engage in treatment of the beneficiaries, and often did not even speak with the beneficiaries for whom they ordered tests.  Satary, the owner of several labs in Georgia, Oklahoma and Louisiana, and his co-conspirators, through companies they controlled, then paid the telemarketers illegal kickbacks and bribes in exchange for the doctor’s orders and medically unnecessary tests.  The labs included Performance Laboratories in Oklahoma, Lazarus Services in Louisiana, and Clio Labs in Georgia.  Performance Labs, Clio Labs and Lazarus Services collectively billed Medicare for more than $547 million.  In addition, the government  seized 16 bank accounts and restrained real estate from Satary.  The case is being prosecuted by Trial Attorneys Timothy Loper and Jared Hasten.

In the Southern District of Georgia, 19 defendants were charged:

Anthony T. Securo, 56, of Columbus, Georgia, was indicted by a federal grand jury in Savannah, Georgia, for his role in a scheme to bill Medicare and other health benefit programs for medically unnecessary durable medical equipment. According to the indictment, Securo, a medical doctor, signed thousands of orders for durable medical equipment for Medicare beneficiaries he claimed to be “treating,” but in fact never even met. These thousands of items were billed to Medicare for more than $23 million. According to the indictment, Securo ordered these medically unnecessary items after having short telephone conversations with the patients, but then signed medical records stating that Securo had performed examinations or physical tests of the patients that were never actually performed.

In addition, 18 other defendants were charged in the Southern District of Georgia by way of criminal information.  The 18 other defendants include two “telemedicine” physician recruiters, seven physicians, two nurse practitioners, two individuals who brokered the sale of physician orders, one company that brokered the sale of physician orders, and four durable medical equipment companies.  In total, the 19 defendants charged in the Southern District of Georgia were responsible for over $400 million in genetic testing, durable medical equipment, and pain cream billing to Medicare, according to court documents. The cases are being prosecuted by Assistant U.S. Attorneys J. Thomas Clarkson Jonathan A. Porter of the Southern District of Georgia

In the Northern District of Texas, the following defendant was charged:

Daniel R. Canchola, M.D., 49, Flower Mound Texas, a physician, was charged for his alleged referral of Medicare beneficiaries for medically unnecessary “cancer screening,” or “CGx,” genetic tests.  Canchola received illegal kickbacks and bribes for the CGx orders he signed, and he did so without examining or speaking to patients and in the absence of any physician-patient relationship.  Oftentimes the beneficiaries for whom Canchola ordered CGx tests never received their test results.  From in or about January 2018 through in or about March 2019, Canchola caused the submission of over $69 million in false and fraudulent claims to Medicare.  The case is being prosecuted by Trial Attorney Brynn Schiess of the Fraud Section.

Sekhar Rao, M.D., 48 of Austin, Texas, and Vinay Parameswara, M.D., 46, of Austin, Texas, were charged for their role in alleged referrals of TRICARE beneficiaries for medically unnecessary “cancer screening” genetic tests and toxicology tests.  Rao and Parameswara did not examine or speak with the beneficiaries they signed testing orders for and there was no physician-patient relationship between the physicians and these beneficiaries.  Tests were repeated many times and beneficiaries often did not receive the results of their tests. From in or about May 2014 and until in or about June 2016, Rao, Parameswara and others caused the submission of over $36 million in false and fraudulent claims to TRICARE. The case is being prosecuted by Assistant Chief Adrienne Frazior of the Fraud Section.

In the Middle District of Florida, the following defendant was charged:

Ivan Andre Scott, 34, Kissimmee, Florida, a marketer, was charged for his role in an alleged $2.8 million scheme to provide Medicare beneficiary information to doctors and telemedicine companies, that could then be billed for medically unnecessary genetic testing.  The case is being prosecuted by Trial Attorney Alejandro J. Salicrup of the Fraud Section.

In the Middle District of Louisiana, the following defendants were charged:

Mark Allen, 51, of Greer, South Carolina, and Kevin Hanley, 42, of Prairieville, Louisiana, were charged for their roles in an alleged scheme to solicit medically unnecessary cancer genetic (CGx) tests from Medicare beneficiaries, have the tests approved by telemedicine doctors who did not engage in treatment of the beneficiaries, and submit claims through clinical testing laboratories that paid kickbacks in exchange for the referrals.  Allen and his co-conspirators, through companies they controlled, solicited the tests and arranged for approvals by telemedicine providers.  They then transmitted the test samples and orders to labs in Louisiana, including Acadian Diagnostic Laboratories LLC, where Hanley was the CFO, and elsewhere.  Acadian, through Hanley and others, paid kickbacks to companies controlled by Allen and others to obtain the referrals, and submitted claims to Medicare for the tests.  Acadian and other labs billed Medicare for more than $240 million.  The case is being prosecuted by Trial Attorneys Tim Loper, Justin Woodard and Gary Winters of the Fraud Section and Assistant U.S. Attorney Kristen Craig of the Middle District of Louisiana.

In addition, as part of the Northeast Regional Takedown announced on Sept. 26, the District of New Jersey announced charges against the following:

Matthew S. Ellis, MD, 53, of Gainesville, Florida; Edward B. Kostishion, 59, of Lakeland, Florida; Kyle D. Mclean, 36, of Arlington Heights, Illinois; Kacey C. Plaisance, 38, of Altamonte Springs, Florida; Jeremy Richey, 39, of Mars, Pennsylvania; and Jeffrey Tamulski, 46, of Tampa, Florida. Kostishion, Plaisance, and Richey operated Ark Laboratory Network LLC (Ark), a company that purported to operate a network of laboratories that facilitated genetic testing.  Ark partnered with Privy Health, Inc., a company that McLean operated, and another company to acquire DNA samples and Medicare information from hundreds of patients through various methods, including offering $75 gift cards to patients, all without the involvement of a treating health care professional.  Ellis, a physician based in Gainesville, served as the ordering physician who authorized genetic testing for hundreds of patients across the country that he never saw, examined, or treated.  These included patients from New Jersey and various other states where Ellis was not licensed to practice medicine.  Through this process, Ellis, Kostishion, Plaisance, and McLean submitted and caused to be submitted fraudulent orders for genetic tests to numerous clinical laboratories.  These orders falsely certified that Ellis was the patients’ treating physician and, in many cases, contained false information indicating that a patient had a personal or family history of cancer, when, in fact, the patient had no cancer history whatsoever.  In 2018 alone, Medicare paid clinical laboratories at least approximately $4.6 million for genetic tests that Ellis ordered in this manner.  In addition, Kostishion, Plaisance, Richey, and Tamulski entered into kickback agreements with certain clinical laboratories under which the laboratories would pay Ark a bribe in exchange for delivering DNA samples and orders for genetic tests.  The bribe payments were based on the percentage of Medicare revenue that the laboratories received in connection with the tests.  Among other things, Kostishion, Plaisance, Richey, and Tamulski concealed these kickback arrangements through issuing sham invoices to laboratories that purportedly reflected services provided at an hourly rate even though the parties had already agreed upon the bribe amount, which was based on the revenue the laboratories received.  In 2018, the clinical laboratories paid Ark at least approximately $1.8 million in bribes.  The case is being prosecuted by Assistant U.S. Attorney Bernard Cooney of the District of New Jersey.

A complaint, information or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The Fraud Section leads the Medicare Fraud Strike Force.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $16 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

Related:

Owner of Tampa-Area Medical Marketing Company Sentenced to Prison for DNA Testing Fraud Scheme

https://www.justice.gov/opa/pr/pharmaceutical-company-targeting-elderly-victims-admits-paying-kickbacks-resolves-related

https://www.justice.gov/opa/pr/federal-health-care-fraud-takedown-northeastern-us-results-charges-against-48-individuals

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http://freeport1953.com/federal-law-enforcement-action-involving-fraudulent-genetic-testing-results-in-charges-against-35-individuals-responsible-for-over-2-1-billion-in-losses-in-one-of-the-largest-health-care-fraud-scheme/= this posting

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HATJ: At least 130 State Dept. officials notified of possible ‘culpability’ in ‘security incidents’ related to Hillary’s private email server

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HATJ:

From: HEATHER ANN TUCCI-JARRAF

To: BZ Riger

Date: 10/4/2019 5:50:26 PM

Subject: RE: At least 130 State Dept. officials notified ofv

“…orgy of scandals…”…lol, who writes this stuff????…no one is afforded any more “time” to play any scandals out…

*termination/jump completing*

hugs, love, and celebrations for All, by All, with All!

__ _
—–Riger, Bz on 10/4/2019 2:21 PM wrote:

At least 130 State Dept. officials notified of possible ‘culpability’ in ‘security incidents’ related to Hillary’s private email server

By Thomas Lifson, published on American Thinker, on September 29, 2019

The wheels of federal bureaucratic responsibility, like the wheels of justice, grind very slowly, so only now are we learning that the scandal of Hillary Clinton’s private email server used for official business is still being scrutinized. And while the Big Fish, Hillary Clinton, is out there shooting off her mouth accusing President Trump of the corrupt practices she undertook, the smaller fish in the State Department are learning of their own culpability in corresponding with her on a private server.

Just the kind of leverage a determined prosecutor could use to obtain plea deals implicating higher ups. Ask General Flynn or Paul Manafort what that sort of pressure could mean. The Washington Post reports:

As many as 130 officials have been contacted in recent weeks by State Department investigators — a list that includes senior officials who reported directly to Clinton as well as others in lower-level jobs whose emails were at some point relayed to her inbox, said current and former State Department officials. Those targeted were notified that emails they sent years ago have been retroactively classified and now constitute potential security violations, according to letters reviewed by The Washington Post.

State Department investigators began contacting the former officials about 18 months ago, after President Trump’s election, and then seemed to drop the effort before picking it up in August, officials said.Senior State Department officials said that they are following standard protocol in an investigation that began during the latter days of the Obama administration and is nearing completion.

“This has nothing to do with who is in the White House,” said a senior State Department official, who spoke on the condition of anonymity because they were not authorized to speak publicly about an ongoing probe. “This is about the time it took to go through millions of emails, which is about 3 1/years.”

To many of those under scrutiny, including some of the Democratic Party’s top foreign policy experts, the recent flurry of activity surrounding the Clinton email case represents a new front on which the Trump administration could be accused of employing the powers of the executive branch against perceived political adversaries.

The WaPo and other Democrats are anxious to discredit the probe by blaming Trump for pushing it, but the officials in question deny any pressure and claim that the probe began before he took office.

State Department officials vigorously denied there was any political motivation behind their actions, and said that the reviews of retroactively classified emails were conducted by career bureaucrats who did not know the names of the subjects being investigated.

“The process is set up in a manner to completely avoid any appearance of political bias,” said a second senior State Department official, who was speaking on condition of anonymity to describe the mechanics of an internal probe.

My own suspicion is that we are headed for an orgy of scandals between now and Election Day next year. The rush of House Democrats toward impeachment reflects their own understanding and fear of what is going to be made public. In the meantime, about 130 State Department officials — “including some of the Democratic Party’s top foreign policy experts” — are going to need the services of some very expensive DC lawyers, the kind of help that can force a person to sell his house. Or else, tell all to prosecutors and make a deal.

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Related:

http://freeport1953.com/hatj-thirteen-and-a-half-tonnes-of-gold-worth-up-to-520million-is-found-in-a-corrupt-chinese-officials-home/

http://freeport1953.com/hatj-at-least-130-state-dept-officials-notified-of-possible-culpability-in-security-incidents-related-to-hillarys-private-email-server/= this posting

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HATJ: Thirteen and a half tonnes of gold worth up to £520million is found in a corrupt Chinese official’s home

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19191868-7528217-image-m-9_1570005424274From: TUCCI-JARRAF, HEATHER ANN
Subject: RE: Man found with 13 tonnes of gold
Date: Oct 4, 2019 at 1:50 PM

Karl Langstein’s “buddy”, or at least his “top dog”, lol… I wonder if they found the purported 700 Million USD cash in Lance’s basement yet…or any of the other “cash stash” in the other million or so basements around China…oh my! <3

Forbes hasn’t nailed the so-called wealthiest people since its inception…but misdirection is Forbes, et al’s job, lol 😉

complete love, compassion, gratitude, and heartitude as the termination/jump is completed <3

—-
—–Ferguson, William on 10/4/2019 10:06 AM wrote:

Thirteen and a half tonnes of gold worth up to £520million is found in a corrupt Chinese official’s home and £30BILLION in suspected bribe money in his bank account

by Billie Thomson, for Daily Mail, published on October 2, 2019 

* Thirteen and a half tonnes of gold worth up to ??520million is found in a corrupt Chinese official’s home and ??30BILLION in suspected bribe money in his bank account

* Thousands of golden bars and bricks were discovered in a room during a raid?? Inspectors also discovered ??30 billion in suspected bribes on his account

* The 58-year-old official in Haikou has been sacked and is under investigation

* He would have been richer than China’s richest man if charges turn out to be true

A powerful Communist official in China is suspected to have received 13.5 tonnes of gold and????30 billion cash in bribes.

Thousands of??golden bars and bricks were discovered at the leader’s home during a raid by corruption inspectors earlier this month.

Their value could be worth up to ??520 million, according to international trading prices.

Thousands of golden bars and bricks were discovered by corruption inspectors at the man’s home in Hainan Province, China, earlier this month. The official is being investigated

Zhang Qi, 58, who was a top official in the province of Hainan has been sacked.??
In addition to the gold, inspectors discovered 268 billion yuan (??30 billion) in suspected bribes on the man’s account, according to reports.??

He was also thought to have received multiple luxurious villas as perks.??

If Mr Zhang’s alleged corruption turns out to be true, he would have been richer than Jack Ma, the wealthiest man in China worth??$37 billion??(??30 billion) according to Forbes.??

Mr Zhang (left) was the secretary of the Communist Party Committee of Haikou. Apart from gold, inspectors also discovered ??30 billion in suspected bribes on the man’s account

Mr Zhang was the secretary of the Communist Party Committee of Haikou, the provincial capital city of Hainan with a population around nine million people.??

He had equal power as the city’s mayor, according to the ranking of Chinese Communist party officials.??

He was also a member of the??Standing Committee of Hainan Province.

He has been stripped of both titles by the??Commission for Discipline Inspection of the Central Committee of the Communist Party of China.

Mr Zhang was a highly powerful man in Haikou (pictured), the provincial capital of Hainan

Footage circulating on Twitter shows one person counting lumps of gold in a room believed to be in Mr Zhang’s lavish home.??

The clip and related news have been censored in mainland China.??

In a statement on September 6, the country’s corruption watchdog said Mr Zhang was suspected to have seriously violated the law and??discipline.??

He is currently under inspection and investigation from the authority.??

Chinese President Xi??has launched a tough anti-corruption campaign since taking office. The Communist leader is seen??delivering a speech on the country’s National Day on October 1

Mr Zhang was born in eastern China’s Anhui Province and joined the Communist Party in 1983.??

Before ascending to power in Haikou, he served as the deputy mayor of Sanya city and the mayor of Danzhou. Both cities are in Hainan Province.

Chinese President Xi Jinping has launched a tough anti-corruption campaign since he took office in 2012.??

Statistics show at least 53 officials have been caught receiving more than 100 million yuan (??11 million) in bribes in the past seven years in the nation. ??

Mr Zhang is the 17th senior official to have been investigated for corruption in China since the beginning of the year, according to Chinese media.

~~~~~~~

Related:

http://freeport1953.com/hatj-at-least-130-state-dept-officials-notified-of-possible-culpability-in-security-incidents-related-to-hillarys-private-email-server/

http://freeport1953.com/hatj-thirteen-and-a-half-tonnes-of-gold-worth-up-to-520million-is-found-in-a-corrupt-chinese-officials-home/= this posting

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Intel Report: the more you Know

Excerpts from the White House’s Letter to House Democrats Regarding Their Unconstitutional Inquiry

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LAW & JUSTICE

REJECTING HOUSE DEMOCRATS’ UNCONSTITUTIONAL INQUIRY

  • “Your unprecedented actions have left the President with no choice. In order to fulfill his duties to the American people, the Constitution, the Executive Branch, and all future occupants of the Office of the Presidency, President Trump and his Administration cannot participate in your partisan and unconstitutional inquiry under these circumstances.”
  • “Given that your inquiry lacks any legitimate constitutional foundation, any pretense of fairness, or even the most elementary due process protections, the Executive Branch cannot be expected to participate in it.”
  • “Consistent with the duties of the President of the United States, and in particular his obligation to preserve the rights of future occupants of his office, President Trump cannot permit his Administration to participate in this partisan inquiry under these circumstances.”
  • “If the Committees wish to return to the regular order of oversight requests, we stand ready to engage in that process as we have in the past, in a manner consistent with well-established bipartisan constitutional protections and a respect for the separation of powers enshrined in our Constitution.”
  • “We hope that, in light of the many deficiencies we have identified in your proceedings, you will abandon the current invalid efforts to pursue an impeachment inquiry and join the President in focusing on the many important goals that matter to the American people.”

THEIR ATTEMPT TO OVERTURN THE DEMOCRATIC PROCESS

  • “President Trump and his Administration reject your baseless, unconstitutional efforts to overturn the democratic process.”
  • “Put simply, you seek to overturn the results of the 2016 election and deprive the American people of the President they have freely chosen.”
  • “As one member of Congress explained, he is ‘concerned that if we don’t impeach the President, he will get reelected.’”
  • “The effort to impeach President Trump…is a naked political strategy that began the day he was inaugurated, and perhaps even before.
  • “In fact, yours transparent rush to judgment, lack of democratically accountable authorization, and violation of basic rights in the current proceedings make clear the illegitimate, partisan purpose of this purported ‘impeachment inquiry.’”
  • “Precisely because it nullifies the outcome of the democratic process, impeachment of the President is fraught with the risk of deepening divisions in the country and creating long-lasting rifts in the body politic.”

UNPRECEDENTED, CONSTITUTIONALLY INVALID, IN VIOLATION OF DUE PROCESS

  • In the history of our Nation, the House of Representatives has never attempted to launch an impeachment inquiry against the President without a majority of the House taking political accountability for that decision by voting to authorize such a dramatic constitutional step.”
  • “To comply with the Constitution’s demands, appropriate procedures would include – at a minimum – the right to see all evidence, to present evidence, to call witnesses, to have counsel present at all hearings, to cross-examine all witnesses, to make objections relating to the examination of witnesses or the admissibility of testimony and evidence, and to respond to evidence and testimony.”
  • “[T]he Committees must provide for the disclosure of all evidence favorable to the President and all evidence bearing on the credibility of witnesses called to testify in the inquiry.”
  • “In addition, the House has not provided the Committees’ Ranking Members with the authority to issue subpoenas.”

HOUSE DEMOCRATS’ OUTRAGEOUS ACTIONS

  • “Perhaps the best evidence that there was no wrongdoing on the call is the fact that, after the actual record of the call was released, Chairman Schiff chose to concoct a false version of the call and to read his made-up transcript to the American people at a public hearing.”
  • “The real problem, as we are now learning, is that Chairman Schiff’s office, and perhaps others – despite initial denials – were involved in advising the whistleblower before the complaint was filed.”
  • “Anyone who was involved in the preparation or submission of the whistleblower’s complaint cannot possibly act as a fair and impartial judge in the same matter – particularly after misleading the American people about his involvement.”

HOUSE DEMOCRATS’ THREATS AND INTIMIDATION

  • “Threats by the Committees against Executive Branch witnesses who assert common and longstanding rights destroy the integrity of the process and brazenly violate fundamental due process.”
  • “In letters to State Department employees, the Committees have ominously threatened – without any legal basis and before the Committees even issued a subpoena – that ‘[a]ny failure to appear’ in response to a mere letter request for a deposition ‘shall constitute evidence of obstruction.’”
  • “[T]he Committees have broadly threatened that if State Department officials attempt to insist upon the right for the Department to have an agency lawyer present at depositions to protect legitimate Executive Branch confidentiality interests – or apparently if they make any effort to protect those confidentiality interests at all – these officials will have their salaries withheld.”
  • “The Committees’ assertions on these points amount to nothing more than strong-arm tactics designed to rush proceedings without any regard for due process and the rights of individuals and of the Executive Branch. Threats aimed at intimidating individuals who assert these basic rights are attacks on civil liberties that should profoundly concern all Americans.”
READ THE FULL LETTER

~~~~~~

http://freeport1953.com/excerpts-from-the-white-houses-letter-to-house-democrats-regarding-their-unconstitutional-inquiry/= this posting

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Executive Order on Promoting the Rule of Law Through Improved Agency Guidance Documents

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Section1Policy.  Departments and agencies (agencies) in the executive branch adopt regulations that impose legally binding requirements on the public even though, in our constitutional democracy, only Congress is vested with the legislative power.  The Administrative Procedure Act (APA) generally requires agencies, in exercising that solemn responsibility, to engage in notice-and-comment rulemaking to provide public notice of proposed regulations under section 553 of title 5, United States Code, allow interested parties an opportunity to comment, consider and respond to significant comments, and publish final regulations in the Federal Register.

Agencies may clarify existing obligations through non binding guidance documents, which the APA exempts from notice-and-comment requirements.  Yet agencies have sometimes used this authority inappropriately in attempts to regulate the public without following the rulemaking procedures of the APA.  Even when accompanied by a disclaimer that it is non-binding, a guidance document issued by an agency may carry the implicit threat of enforcement action if the regulated public does not comply.  Moreover, the public frequently has insufficient notice of guidance documents, which are not always published in the Federal Register or distributed to all regulated parties.

Americans deserve an open and fair regulatory process that imposes new obligations on the public only when consistent with applicable law and after an agency follows appropriate procedures.  Therefore, it is the policy of the executive branch, to the extent consistent with applicable law, to require that agencies treat guidance documents as non-binding both in law and in practice, except as incorporated into a contract, take public input into account when appropriate in formulating guidance documents, and make guidance documents readily available to the public.  Agencies may impose legally binding requirements on the public only through regulations and on parties on a case-by-case basis through adjudications, and only after appropriate process, except as authorized by law or as incorporated into a contract.

Sec. 2Definitions.  For the purposes of this order:

(a)  “Agency” has the meaning given in section 3(b) of Executive Order 12866 (Regulatory Planning and Review), as amended.

(b)  “Guidance document” means an agency statement of general applicability, intended to have future effect on the behavior of regulated parties, that sets forth a policy on a statutory, regulatory, or technical issue, or an interpretation of a statute or regulation, but does not include the following:

(i)    rules promulgated pursuant to notice and comment under section 553 of title 5, United States Code, or similar statutory provisions;

(ii)   rules exempt from rulemaking requirements under section 553(a) of title 5, United States Code;

(iii)  rules of agency organization, procedure, or practice;

(iv)   decisions of agency adjudications under section 554 of title 5, United States Code, or similar statutory provisions;

(v)    internal guidance directed to the issuing agency or other agencies that is not intended to have substantial future effect on the behavior of regulated parties; or

(vi)   internal executive branch legal advice or legal opinions addressed to executive branch officials.

(c)  “Significant guidance document” means a guidance document that may reasonably be anticipated to:

(i)    lead to an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;

(ii)   create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(iii)  materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(iv)   raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles of Executive Order 12866.

(d)  “Pre-enforcement ruling” means a formal written communication by an agency in response to an inquiry from a person concerning compliance with legal requirements that interprets the law or applies the law to a specific set of facts supplied by the person.  The term includes informal guidance under section 213 of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-121 (Title II), as amended, letter rulings, advisory opinions, and no-action letters.

Sec. 3Ensuring Transparent Use of Guidance Documents.  (a) Within 120 days of the date on which the Office of Management and Budget (OMB) issues an implementing memorandum under section 6 of this order, each agency or agency component, as appropriate, shall establish or maintain on its website a single, searchable, indexed database that contains or links to all guidance documents in effect from such agency or component.  The website shall note that guidance documents lack the force and effect of law, except as authorized by law or as incorporated into a contract.

(b)  Within 120 days of the date on which OMB issues an implementing memorandum under section 6 of this order, each agency shall review its guidance documents and, consistent with applicable law, rescind those guidance documents that it determines should no longer be in effect.  No agency shall retain in effect any guidance document without including it in the relevant database referred to in subsection (a) of this section, nor shall any agency, in the future, issue a guidance document without including it in the relevant database.  No agency may cite, use, or rely on guidance documents that are rescinded, except to establish historical facts.  Within 240 days of the date on which OMB issues an implementing memorandum, an agency may reinstate a guidance document rescinded under this subsection without complying with any procedures adopted or imposed pursuant to section 4 of this order, to the extent consistent with applicable law, and shall include the guidance document in the relevant database.

(c)  The Director of OMB (Director), or the Director’s designee, may waive compliance with subsections (a) and (b) of this section for particular guidance documents or categories of guidance documents, or extend the deadlines set forth in those subsections.

(d)  As requested by the Director, within 240 days of the date on which OMB issues an implementing memorandum under section 6 of this order, an agency head shall submit a report to the Director with the reasons for maintaining in effect any guidance documents identified by the Director.  The Director shall provide such reports to the President.  This subsection shall apply only to guidance documents existing as of the date of this order.

Sec. 4Promulgation of Procedures for Issuing Guidance Documents.  (a)  Within 300 days of the date on which OMB issues an implementing memorandum under section 6 of this order, each agency shall, consistent with applicable law, finalize regulations, or amend existing regulations as necessary, to set forth processes and procedures for issuing guidance documents.  The process set forth in each regulation shall be consistent with this order and shall include:

(i)    a requirement that each guidance document clearly state that it does not bind the public, except as authorized by law or as incorporated into a contract;

(ii)   procedures for the public to petition for withdrawal or modification of a particular guidance document, including a designation of the officials to which petitions should be directed; and

(iii)  for a significant guidance document, as determined by the Administrator of OMB’s Office of Information and Regulatory Affairs (Administrator), unless the agency and the Administrator agree that exigency, safety, health, or other compelling cause warrants an exemption from some or all requirements, provisions requiring:

(A)  a period of public notice and comment of at least 30 days before issuance of a final guidance document, and a public response from the agency to major concerns raised in comments, except when the agency for good cause finds (and incorporates such finding and a brief statement of reasons therefor into the guidance document) that notice and public comment thereon are impracticable, unnecessary, or contrary to the public interest;

(B)  approval on a non-delegable basis by the agency head or by an agency component head appointed by the President, before issuance;

(C)  review by the Office of Information and Regulatory Affairs (OIRA) under Executive Order 12866, before issuance; and

(D)  compliance with the applicable requirements for regulations or rules, including significant regulatory actions, set forth in Executive Orders 12866, 13563 (Improving Regulation and Regulatory Review), 13609 (Promoting International Regulatory Cooperation), 13771 (Reducing Regulation and Controlling Regulatory Costs), and 13777 (Enforcing the Regulatory Reform Agenda).

(b)  The Administrator shall issue memoranda establishing exceptions from this order for categories of guidance documents, and categorical presumptions regarding whether guidance documents are significant, as appropriate, and may require submission of significant guidance documents to OIRA for review before the finalization of agency regulations under subsection (a) of this section.  In light of the Memorandum of Agreement of April 11, 2018, this section and section 5 of this order shall not apply to the review relationship (including significance determinations) between OIRA and any component of the Department of the Treasury, or to compliance by the latter with Executive Orders 12866, 13563, 13609, 13771, and 13777.  Section 4(a)(iii) and section 5 of this order shall not apply to pre-enforcement rulings.

Sec. 5Executive Orders 12866, 13563, and 13609.  The requirements and procedures of Executive Orders 12866, 13563, and 13609 shall apply to guidance documents, consistent with section 4 of this order.

Sec. 6Implementation.  The Director shall issue memoranda and, as appropriate, regulations pursuant to sections 3504(d)(1) and 3516 of title 44, United States Code, and other appropriate authority, to provide guidance regarding or otherwise implement this order.

Sec. 7General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d)  Notwithstanding any other provision in this order, nothing in this order shall apply:

(i)    to any action that pertains to foreign or military affairs, or to a national security or homeland security function of the United States (other than guidance documents involving procurement or the import or export of non-defense articles and services);

(ii)   to any action related to a criminal investigation or prosecution, including undercover operations, or any civil enforcement action or related investigation by the Department of Justice, including any action related to a civil investigative demand under 18 U.S.C. 1968;

(iii)  to any investigation of misconduct by an agency employee or any disciplinary, corrective, or employment action taken against an agency employee;

(iv)   to any document or information that is exempt from disclosure under section 552(b) of title 5, United States Code (commonly known as the Freedom of Information Act); or

(v)    in any other circumstance or proceeding to which application of this order, or any part of this order, would, in the judgment of the head of the agency, undermine the national security.

DONALD J. TRUMP

THE WHITE HOUSE,
October 9, 2019: EO 13891

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Related: https://www.whitehouse.gov/briefings-statements/president-donald-j-trump-combating-bureaucratic-abuse-holding-federal-agencies-accountable/

https://www.whitehouse.gov/briefings-statements/acting-omb-director-vought-trump-keeps-promise-tame-bureaucracy-runs-roughshod-americans/

http://freeport1953.com/eo-13892-executive-order-on-promoting-the-rule-of-law-through-transparency-and-fairness-in-civil-administrative-enforcement-and-adjudication/

Important video about EO: http://freeport1953.com/potus-trump-signs-executive-orders-at-the-white-house-43670-views-•oct-9-2019/

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http://freeport1953.com/executive-order-on-promoting-the-rule-of-law-through-improved-agency-guidance-documents/  = this posting

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POTUS: Trump signs Executive Orders at The White House 43,670 views •Oct 9, 2019

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POTUS signs Executive Orders on transparency in federal guidance and enforcement

~ Executive Order on Promoting the Rule of Law Through Improved Agency Guidance Documents

~ Executive Order on Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication

Read executive order here: http://freeport1953.com/executive-order-on-promoting-the-rule-of-law-through-improved-agency-guidance-documents/

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http://freeport1953.com/potus-trump-signs-executive-orders-at-the-white-house-43670-views-•oct-9-2019/= this posting

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EO 13892 Executive Order on Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication

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By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1Policy.  The rule of law requires transparency.  Regulated parties must know in advance the rules by which the Federal Government will judge their actions.  The Administrative Procedure Act (APA), 5 U.S.C. 551 et seq., was enacted to provide that “administrative policies affecting individual rights and obligations be promulgated pursuant to certain stated procedures so as to avoid the inherently arbitrary nature of unpublished ad hoc determinations.”  Morton v. Ruiz, 415 U.S. 199, 232 (1974). The Freedom of Information Act, America’s landmark transparency law, amended the APA to further advance this goal.  The Freedom of Information Act, as amended, now generally requires that agencies publish in the Federal Register their substantive rules of general applicability, statements of general policy, and interpretations of law that are generally applicable and both formulated and adopted by the agency (5 U.S.C. 552(a)(1)(D)).  The Freedom of Information Act also generally prohibits an agency from adversely affecting a person with a rule or policy that is not so published, except to the extent that the person has actual and timely notice of the terms of the rule or policy (5 U.S.C. 552(a)(1)).

Unfortunately, departments and agencies (agencies) in the executive branch have not always complied with these requirements. In addition, some agency practices with respect to enforcement actions and adjudications undermine the APA’s goals of promoting accountability and ensuring fairness.

Agencies shall act transparently and fairly with respect to all affected parties, as outlined in this order, when engaged in civil administrative enforcement or adjudication.  No person should be subjected to a civil administrative enforcement action or adjudication absent prior public notice of both the enforcing agency’s jurisdiction over particular conduct and the legal standards applicable to that conduct.  Moreover, the Federal Government should, where feasible, foster greater private-sector cooperation in enforcement, promote information sharing with the private sector, and establish predictable outcomes for private conduct.  Agencies shall afford regulated parties the safeguards described in this order, above and beyond those that the courts have interpreted the Due Process Clause of the Fifth Amendment to the Constitution to impose.

Sec. 2Definitions For the purposes of this order:

(a)  “Agency” has the meaning given to “Executive agency” in section 105 of title 5, United States Code, but excludes the Government Accountability Office.

(b)  “Collection of information” includes any conduct that would qualify as a “collection of information” as defined in section 3502(3)(A) of title 44, United States Code, or section 1320.3(c) of title 5, Code of Federal Regulations, and also includes any request for information, regardless of the number of persons to whom it is addressed, that is:

(i)   addressed to all or a substantial majority of an industry; or

(ii)  designed to obtain information from a representative sample of individual persons in an industry.

(c)  “Guidance document” means an agency statement of general applicability, intended to have future effect on the behavior of regulated parties, that sets forth a policy on a statutory, regulatory, or technical issue, or an interpretation of a statute or regulation, but does not include the following:

(i)    rules promulgated pursuant to notice and comment under section 553 of title 5, United States Code, or similar statutory provisions;

(ii)   rules exempt from rulemaking requirements under section 553(a) of title 5, United States Code;

(iii)  rules of agency organization, procedure, or practice;

(iv)   decisions of agency adjudications under section 554 of title 5, United States Code, or similar statutory provisions;

(v)    internal guidance directed to the issuing agency or other agencies that is not intended to have substantial future effect on the behavior of regulated parties; or

(vi)   internal executive branch legal advice or legal opinions addressed to executive branch officials.

(d)  “Legal consequence” means the result of an action that directly or indirectly affects substantive legal rights or obligations.  The meaning of this term should be informed by the Supreme Court’s discussion in U.S. Army Corps of Engineers v. Hawkes Co., 136 S. Ct. 1807, 1813–16 (2016), and includes, for example, agency orders specifying which commodities are subject to or exempt from regulation under a statute, Frozen Food Express v. United States, 351 U.S. 40, 44–45 (1956), as well as agency letters or orders establishing greater liability for regulated parties in a subsequent enforcement action, Rhea Lana, Inc. v. Dep’t of Labor, 824 F.3d 1023, 1030 (D.C. Cir. 2016).  In particular, “legal consequence” includes subjecting a regulated party to potential liability.

(e)  “Unfair surprise” means a lack of reasonable certainty or fair warning of what a legal standard administered by an agency requires.  The meaning of this term should be informed by the examples of lack of fair notice discussed by the Supreme Court in Christopher v. SmithKline Beecham Corp., 567 U.S. 142, 156 & n.15 (2012).

(f)  “Pre-enforcement ruling” means a formal written communication from an agency in response to an inquiry from a person concerning compliance with legal requirements that interprets the law or applies the law to a specific set of facts supplied by the person.  The term includes informal guidance under section 213 of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-121 (Title II), as amended (SBREFA), letter rulings, advisory opinions, and no action letters.

(g)  “Regulation” means a legislative rule promulgated pursuant to section 553 of title 5, United States Code, or similar statutory provisions.

Sec. 3Proper Reliance on Guidance Documents.  Guidance documents may not be used to impose new standards of conduct on persons outside the executive branch except as expressly authorized by law or as expressly incorporated into a contract.  When an agency takes an administrative enforcement action, engages in adjudication, or otherwise makes a determination that has legal consequence for a person, it must establish a violation of law by applying statutes or regulations.  The agency may not treat noncompliance with a standard of conduct announced solely in a guidance document as itself a violation of applicable statutes or regulations.  When an agency uses a guidance document to state the legal applicability of a statute or regulation, that document can do no more, with respect to prohibition of conduct, than articulate the agency’s understanding of how a statute or regulation applies to particular circumstances.  An agency may cite a guidance document to convey that understanding in an administrative enforcement action or adjudication only if it has notified the public of such document in advance through publication, either in full or by citation if publicly available, in the Federal Register (or on the portion of the agency’s website that contains a single, searchable, indexed database of all guidance documents in effect).

Sec. 4Fairness and Notice in Administrative Enforcement Actions and Adjudications.  When an agency takes an administrative enforcement action, engages in adjudication, or otherwise makes a determination that has legal consequence for a person, it may apply only standards of conduct that have been publicly stated in a manner that would not cause unfair surprise.  An agency must avoid unfair surprise not only when it imposes penalties but also whenever it adjudges past conduct to have violated the law.

Sec. 5Fairness and Notice in Jurisdictional Determinations.  Any decision in an agency adjudication, administrative order, or agency document on which an agency relies to assert a new or expanded claim of jurisdiction — such as a claim to regulate a new subject matter or an explanation of a new basis for liability — must be published, either in full or by citation if publicly available, in the Federal Register (or on the portion of the agency’s website that contains a single, searchable, indexed database of all guidance documents in effect) before the conduct over which jurisdiction is sought occurs.  If an agency intends to rely on a document arising out of litigation (other than a published opinion of an adjudicator), such as a brief, a consent decree, or a settlement agreement, to establish jurisdiction in future administrative enforcement actions or adjudications involving persons who were not parties to the litigation, it must publish that document, either in full or by citation if publicly available, in the Federal Register (or on the portion of the agency’s website that contains a single, searchable, indexed database of all guidance documents in effect) and provide an explanation of its jurisdictional implications.  An agency may not seek judicial deference to its interpretation of a document arising out of litigation (other than a published opinion of an adjudicator) in order to establish a new or expanded claim or jurisdiction unless it has published the document or a notice of availability in the Federal Register (or on the portion of the agency’s website that contains a single, searchable, indexed database of all guidance documents in effect).

Sec. 6Opportunity to Contest Agency Determination.  (a)  Except as provided in subsections (b) and (c) of this section, before an agency takes any action with respect to a particular person that has legal consequence for that person, including by issuing to such a person a no-action letter, notice of noncompliance, or other similar notice, the agency must afford that person an opportunity to be heard, in person or in writing, regarding the agency’s proposed legal and factual determinations.  The agency must respond in writing and articulate the basis for its action.

(b)  Subsection (a) of this section shall not apply to settlement negotiations between agencies and regulated parties, to notices of a prospective legal action, or to litigation before courts.

(c)  An agency may proceed without regard to subsection (a) of this section where necessary because of a serious threat to health, safety, or other emergency or where a statute specifically authorizes proceeding without a prior opportunity to be heard.  Where an agency proceeds under this subsection, it nevertheless must afford any person an opportunity to be heard, in person or in writing, regarding the agency’s legal determinations and respond in writing as soon as practicable.

Sec. 7Ensuring Reasonable Administrative Inspections. Within 120 days of the date of this order, each agency that conducts civil administrative inspections shall publish a rule of agency procedure governing such inspections, if such a rule does not already exist.  Once published, an agency must conduct inspections of regulated parties in compliance with the rule.

Sec. 8Appropriate Procedures for Information Collections. (a)  Any agency seeking to collect information from a person about the compliance of that person or of any other person with legal requirements must ensure that such collections of information comply with the provisions of the Paperwork Reduction Act, section 3512 of title 44, United States Code, and section 1320.6(a) of title 5, Code of Federal Regulations, applicable to collections of information (other than those excepted under section 3518 of title 44, United States Code).

(b)  To advance the purposes of subsection (a) of this section, any collection of information during the conduct of an investigation (other than those investigations excepted under section 3518 of title 44, United States Code, and section 1320.4 of title 5, Code of Federal Regulations, or civil investigative demands under 18 U.S.C. 1968) must either:

(i)   display a valid control number assigned by the Director of the Office of Management and Budget; or

(ii)  inform the recipient through prominently displayed plain language that no response is legally required.

Sec. 9Cooperative Information Sharing and Enforcement.  (a)  Within 270 days of the date of this order, each agency, as appropriate, shall, to the extent practicable and permitted by law, propose procedures:

(i)    to encourage voluntary self-reporting of regulatory violations by regulated parties in exchange for reductions or waivers of civil penalties;

(ii)   to encourage voluntary information sharing by regulated parties; and

(iii)  to provide pre-enforcement rulings to regulated parties.

(b)  Any agency that believes additional procedures are not practicable — because, for example, the agency believes it already has adequate procedures in place or because it believes it lacks the resources to institute additional procedures — shall, within 270 days of the date of this order, submit a report to the President describing, as appropriate, its existing procedures, its need for more resources, or any other basis for its conclusion.

Sec10.  SBREFA Compliance.  Within 180 days of the date of this order, each agency shall submit a report to the President demonstrating that its civil administrative enforcement activities, investigations, and other actions comply with SBREFA, including section 223 of that Act.  A copy of this report, subject to redactions for any applicable privileges, shall be posted on the agency’s website.

Sec11.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d)  Notwithstanding any other provision in this order, nothing in this order shall apply:

(i)    to any action that pertains to foreign or military affairs, or to a national security or homeland security function of the United States (other than procurement actions and actions involving the import or export of non-defense articles and services);

(ii)   to any action related to a criminal investigation or prosecution, including undercover operations, or any civil enforcement action or related investigation by the Department of Justice, including any action related to a civil investigative demand under 18 U.S.C. 1968;

(iii)  to any action related to detention, seizure, or destruction of counterfeit goods, pirated goods, or other goods that infringe intellectual property rights;

(iv)   to any investigation of misconduct by an agency employee or any disciplinary, corrective, or employment action taken against an agency employee; or

(v)    in any other circumstance or proceeding to which application of this order, or any part of this order, would, in the judgment of the head of the agency, undermine the national security.

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Related: http://freeport1953.com/executive-order-on-promoting-the-rule-of-law-through-improved-agency-guidance-documents/

http://freeport1953.com/potus-trump-signs-executive-orders-at-the-white-house-43670-views-•oct-9-2019/

http://freeport1953.com/eo-13892-executive-order-on-promoting-the-rule-of-law-through-transparency-and-fairness-in-civil-administrative-enforcement-and-adjudication/ = this posting

 

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