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Subject: Morning Digest
Date: Tue, 07 Jul 2020 11:50:57 +0000
To: Rendon DOJ Alert Desk <a
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Department of Justice
Morning News Digest
July 7, 2020
08:00 AM EDT
TABLE OF CONTENTS
I. Washington & DOJ Schedule
2. Network Evening News Lineup
3. Morning Headlines
4. COVID-19
5. Federal Law Enforcement Agencies
6. National Security
7. Immigration & Border Security
8. US Supreme Court
9. Criminal Law
10. Civil Law
11. Civil Rights
12. Antitrust
13. Environment
14. Tax
15. Criminal Justice/Corrections
16. Native American Affairs
17. Marijuana Legalization
18. Opioid Crisis
19. Congress
WASHINGTON & DOJ SCHEDULE: JULY 7, 2020
DOJ
• No scheduled events.
NETWORK EVENING NEWS LINEUP: JULY 6, 2020
ABC: World News Tonight with David Muir
CBS: Evening News with Norah O'Donnell
NBC: Nightly News with Lester Holt
• Dr. Anthony Fauci, the nation's top infectious disease expert, said Monday the status of the
coronavirus pandemic in the US is "really not good" as new cases surge across the country. His
comments come as coronavirus cases continue to soar in the US -- with at least 32 states
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reporting higher rates of new cases this week compared to the last, according to Johns Hopkins
University data. Nearly 3 million Americans have been infected with the virus and more than
129,000 have died. Atlanta Mayor Keisha Lance Bottoms announced she has tested positive for
the coronavirus. [ABC CBS NBC]
• Florida added more than 6,300 new coronavirus cases Monday, as the state's virus-related death
toll rose by nearly 50. The new COVID-19 cases brought the state's total to 206,000, according
to figures released by the Florida Department of Health. More than 200 scientists have called for
the World Health Organization and others to acknowledge that the coronavirus can spread in the
air — a change that could alter some of the current measures being taken to stop the pandemic.
[ABC CBS NBC NBC-1]
• President Trump demanded Monday an apology from Bubba Wallace, NASCAR's only African
American driver, after the FBI determined last month that he was not a target of a hate crime
when a noose was found in his garage stall before a race. [ABC CBS NBC]
• At least six children were killed in shootings across the country over the holiday weekend,
sparking calls from officials to end the gun violence plaguing their communities. The children,
ages 6 to 14, were all shot and killed while doing everyday things -- riding in mom's car, walking
in a mall, and playing in a yard with their cousins. [ABC CBS NBC]
• Ghislaine Maxwell, the longtime companion of sex offender Jeffrey Epstein accused of facilitating
his sexual abuse of teenage girls, has been transferred to a federal detention center in Brooklyn
ahead of an arraignment and bail hearing that may come next week. [ABC CBS]
• A Texas woman charged in the disappearance and death of U.S. Army Spc. Vanessa Guillen at
Fort Hood appeared in court Monday morning, federal officials said. Cecily Aguilar, a Killeen,
Texas, resident who was charged with conspiracy to tamper with evidence last week, appeared
virtually in front of U.S. Magistrate Judge Jeffrey C. Manske, officials said. [ABC]
• The white woman who falsely claimed she was threatened by a black birdwatcher who asked her
to leash her dog in Manhattan's Central Park was charged Monday with filing a false report, the
Manhattan district attorney said. [NBC]
MORNING HEADLINES
• "Coronavirus Live Updates: Testing Demand in U.S. Soars, Creating a New Crisis" [NYT, WaPo
WSJ]
• "Relief loans benefited well-connected firms that didn't mention saving jobs" [WaPo WSJ]
• "Google, Facebook and Twitter Suspend Review of Hong Kong Requests for User Data" [WSJ
NYT]
COVID-19
WaPo: "States mandate masks, begin to shut down again, as coronavirus cases soar and
hospitalizations rise," Joshua Partlow, Nick Miroff, July 06, 2020, 06:07 PM
The pandemic map of the United States burned bright red Monday, with the number of new
coronavirus infections during the first six days of July nearing 300,000 as more states and cities
moved to reimpose shutdown orders. After an Independence Day weekend that attracted large crowds
to fireworks displays and produced scenes of Americans drinking and partying without masks, health
officials warned of hospitals running out of space and infection spreading rampantly. Continue
Reading]
CBS: [VIDEO] "Judge orders ICE to release migrant children, citing coronavirus," Unattributed,
July 06, 2020, 3:00 PM
A federal judge has ordered Immigration and Customs Enforcement (ICE) to release children the
agency is holding with their parents or legal guardians, citing the risk of coronavirus at detention
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facilities for migrant families. CBS news immigration reporter Camilo Montoya-Galvez joins CBSN to
discuss the impact of the ruling. [Watch]
FEDERAL LAW ENFORCEMENT AGENCIES
KOKH-Fox (Oklahoma City, OK): "FBI: Man wanted for robbery of First United Bank in
Oklahoma City," Destiny Washington, July 06, 2020, 11:45 PM
The FBI is seeking information to identify the man responsible for the robbery of a First United Bank
located in Oklahoma City. On Monday, July 06, 2020, at 4:12 p.m., the suspect entered the location
and made a demand for money from bank employees via a note. [Continue Reading] See also:
KFOR-NBC (Oklahoma City OK)
The Plain Dealer (Cleveland, OH): "Federal agents arrest 2 suspects in homicides Cleveland,
East Cleveland," Cliff Pinckard, July 06, 2020, 11:30 PM
Suspects in two recent shooting deaths in Cleveland and East Cleveland were taken into custody on
Monday, according to the U.S. Marshals Service. Kenneth Woods, 29, was arrested Monday afternoon
at a hotel in Strongsville. Marshals say he was wanted by East Cleveland police on a charge of
aggravated murder in connection with the June 24 shooting death of Jason Taylor, 40. Authorities say
Woods shot Taylor during an argument at a residence on the 14300 block of Scioto Avenue. Continue
Reading]
Alabama News Network: "US Marshals: Suspect Charged with Murder of Ke'Aira Battle,"
Unattributed, July 06, 2020, 10:58 PM
According to the US Marshals, James Burton Dunn was taken into custody Monday morning and
charged with Capital Murder in the death of Ke'Aira Battle. On Friday, June 19, authorities found
Battle's body outside of Elmore Community Hospital. An investigation determined she died from a
gunshot wound. [Continue Reading]
WKYC-NBC (Cleveland, OH): "US Marshals arrest two men wanted for separate murders," Nick
Camino, July 06, 2020, 10:47 PM
Late Monday afternoon the US Marshals announced a pair of arrests made by the Northern Ohio
Violent Fugitive Task Force in connection to two separate aggravated murders. Kenneth Woods, 29
and Sean Hoskin, 38 were both taken into custody by the US Marshals. [Continue Reading]
KGTV-ABC (San Diego, CA): "FBI seeking information to help rescue child victims," Zac Self,
July 06, 2020, 7:51 PM
The San Diego FBI is asking for information on an image, which it says may help lead to the
identification and rescue of child victims. One of the images shared to the FBI's Twitter page shows a
piece of clothing that appears to depict a cartoon character on a broomstick. [Continue Reading]
KUSA-NBC (Denver, CO): "The FBI and Aurora Police need help identifying the 'Double Dipper'
bandit," Melissa Reeves, July 06, 2020, 6:45 PM
The Federal Bureau of Investigation (FBI) and the Aurora Police Department (APD) are asking for the
public's help to identify the "Double Dipper" bandit who is suspected in five bank robberies, at three
different bank branches in Aurora. The Rocky Mountain Safe Streets Task Force and APD need the
public's help to identify the man pictured above after giving him the nickname after he wore a surgical
mask when he robbed the banks. [Continue Reading] See also: KMGH-ABC (Denver CO)
WVTM-NBC (Birmingham, AL): "The FBI has reported seeing a spike in fraudulent
unemployment claims using stolen IDs," Kelsey Bradshaw, July 06, 2020, 6:19 PM
The FBI reported on Monday that it has seen a spike in fraudulent unemployment claims related to the
pandemic, according to a news release. The perpetrators are using stolen personal identifiable
information (PII) to submit the claims online, and it's happened in several states. [Continue Reading]
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KSWO-ABC (Lawton, OK): "U.S. Marshals make arrest in 11-year-old Grady County cold case,"
Unattributed, July 06, 2020, 3:01 PM
A Grady County cold case from 2009 is one step closer to being closed. According to authorities, a
suspect wanted for first-degree rape with a weapon, forcible sodomy and three counts of lewd
molestation was arrested in Las Cruces, New Mexico. [Continue Reading]
NATIONAL SECURITY
Fox: "West Virginia woman convicted in plot to offer top-secret NSA info to Russia," Bradford
Betz, July 06, 2020, 10:00 PM
A West Virginia woman who worked on assignments with the National Security Agency while serving in
the Air Force planned to give the Russian government top-secret information from the agency,
prosecutors said on Monday. Elizabeth Jo Shirley, 46, pleaded guilty to one count each of willful
retention of national defense information and international parental kidnapping, the U.S. Justice
Department said in a news release. [Continue Reading] See also: Herald-Mail Media (Martinsburg
WV) The Hill KOB-NBC (Albuquerque NM) WDVM (Hagerstown MD)
WaPo: "Man romantically linked to Russian spy is sentenced to 7 years in fraud case,"
Unattributed, July 06, 2020, 6:23 PM
A former conservative operative who was once romantically linked to a Russian agent was sentenced
Monday to seven years in federal prison in South Dakota. Paul Erickson pleaded guilty to wire fraud
and money laundering as part of fraudulent investment schemes he operated for many years, the
Argus Leader reported. [Continue Reading] See also: Argus Leader (Sioux Falls SD) KELO-AM
(Sioux Falls SD)
IMMIGRATION & BORDER SECURITY
WAVE-NBC (Louisville, KY): "More than $350 thousand in counterfeit belts seized by US
Customs in Louisville," Dustin Vogt, July 07, 2020, 12:00 AM
U.S. Customs and Border Protection intercepted two packages in Louisville with counterfeit belts worth
more than $350,000. The U.S. Customs and Border Protection issued a news release stating that the
two packages arriving at the Express Consignment Operations mailing facility in Louisville June 30
contained 648 counterfeit belts. The packages were sent from Hong Kong heading to a residence in
New York. The CBP intercepted the packages as they noticed the shipment came from a verified
counterfeit source. [Continue Reading] See also: WDRB-Fox (Louisville KY)
Fox: "Maryland jail defies ICE to release accused rapist," Shawn M. Carter, July 06, 2020, 9:00
PM
An accused rapist was released from custody in Montgomery County, Md., despite a request from
Immigration and Customs Enforcement to hold the suspect until further notice. Police arrested Rene
Atilio Ramos-Hernandez on the rape warrant June 18 before he was released June 23. ICE had prior
requested to be notified if Ramos-Hernandez were to be released and asked Montgomery County
officials to hold him until he could be picked up. [Continue Reading] See also: Washington Times
KSWB-Fox (San Diego, CA): "Deportations, expulsions through Baja California down 35% in
2020," Salvador Rivera, July 06, 2020, 8:42 PM (EDT)
Repatriations of Mexican Nationals through Baja California are down 35% when compared to the
same time period in 2019 according to Mexico's National Institute of Migration. Last year at this time,
more than 27,000 people had been sent back from the United States through the cities of Mexicali or
Tijuana. So far this year, the number is about 17,500. According to Customs and Border Protection,
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overall apprehensions are down in just about every sector and demographic along the U.S.-Mexico
border. [Continue Reading]
Law360: "Bids Seeking Win In FOIA Suit Against CBP Rejected," Unattributed, July 06, 2020,
6:54 PM
A District of Columbia federal judge has rejected bids by both the federal government and a reporters'
committee for an end to litigation over access to documents related to an incident in which the
government sought to unmask an anonymous Twitter account critical of the Trump administration's
immigration policies. [Continue Reading]
NYT: "Appeals Court Strikes Down Trump Administration's Asylum Ban," Miriam Jordan, July
06, 2020, 6:00 PM
A federal appeals court on Monday struck down President Trump's policy that barred most migrants
from seeking asylum in the United States if they had passed through another country, concluding that
the government did "virtually nothing" to make sure that another country is "a safe option" for those
fleeing persecution. A three-judge panel of the United States Court of Appeals for the Ninth Circuit in
San Francisco affirmed the decision of a federal judge who ruled last year that the so-called third-
country transit rule was unlawful, with one judge calling it "perhaps the most significant change to
American asylum in a generation." [Continue Reading] See also: The Recorder
Law360: "House Dems Float Cuts To ICE, Block Of Border Wall Funding," Unattributed, July 06,
2020, 5:08 PM
House Democrats on Monday released their draft homeland security spending bill, which sets up a
congressional showdown with its calls for the slashing of U.S. Immigration and Customs
Enforcement's detention capacity and a bar on transferring defense funding to the border wall.
[Continue Reading] See also: Washington Times
WSJ: "New Rules Detail How Foreign Students Can—and Can't—Take Classes at U.S. Colleges
This Fall," Melissa Korn, July 06, 2020, 4:24 PM
International students can't take all their classes online if their college offers a mix of on-campus and
remote classes, according to new guidelines from Immigration and Customs Enforcement, as Harvard
University and others laid out their plans for the fall. The guidance issued Monday by ICE's Student
and Exchange Visitor Program varies depending on whether a school is offering classes entirely
online, in person or a mix of the two. The eagerly awaited plans include a host of different instructions
that will allow some students on campus, keep others learning remotely and make it impossible for still
others to return to the U.S. [Continue Reading] See also: AP Axios Bloomberg BuzzFeed The Hill
KCAL-CBS (Los Angeles CA) KOLO-ABC (Reno NV) KRON (San Francisco CA) Law360
MassLive (Boston MA) The Olympian (WA) Politico UPI WaPo WBAL-NBC (Baltimore MD)
WPMI-NBC (Mobile AL) WRBL-CBS (Columbus GA) WRCB-NBC (Chattanooga TN)
KGBT-CBS (Harlingen, TX): "CBP officers confiscate $88K in cocaine at Brownsville and
Matamoros International Bridge," Unattributed, July 06, 2020, 3:55 PM
U.S. Customs and Border Protection (CBP) officers at the Brownsville and Matamoros International
Bridge seized a load of suspected cocaine valued at approximately $88,400. hidden within a 2010
Dodge Caliber. The seizure took place on Sunday, at the Brownsville and Matamoros International
Bridge when a 23-year-old male Mexican citizen applied for entry into the United States. The vehicle
was referred to CBP secondary for further examination. [Continue Reading]
WaPo: "All six suspects in Montgomery County MS-13 slaying were 'unlawfully present' in the
U.S., immigration officials say," Dan Morse, July 06, 2020, 3:48 PM
All six suspects in the ambush-style homicide of a Maryland house painter were "unlawfully present" in
the United States and linked to the MS-13 street gang, federal immigration officials said Monday. The
most recent suspect, Jose Luis Lainez-Martinez, 26, was arrested late last month by detectives in
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Montgomery County. He is accused of being one of two shooters in the May 26 slaying of Francisco
Medrano-Campos, 29, outside the victim's apartment in Wheaton. [Continue Reading]
US SUPREME COURT
San Francisco Chronicle (San Francisco, CA): [EDITORIAL] "Supreme Court upholds voters'
will in Electoral College ruling," Editorial Board, July 07, 2020, 7:00 AM (EDT)
The Electoral College is a seriously flawed system for electing a president, but as long as it exists, its
concept should be followed. In a unanimous ruling, the U.S. Supreme Court has taken a significant
step in preventing manipulation of the system by stating that the electors chosen by the states must
vote in accordance with their states' vote. [Continue Reading]
Law360: "Sanofi Urges High Court To Expand Arthrex To All," Unattributed, July 06, 2020, 11:21
PM
Sanofi-Aventis has urged the U.S. Supreme Court to weigh in on its patent row with Mylan, arguing in
a recent petition that the Federal Circuit's decision that the structure of the Patent Trial and Appeal
Board is unconstitutional should now apply to all companies, even those that didn't raise the
underlying constitutional issue in their briefs. [Continue Reading]
Law360: [ANALYSIS] "The CFPB Survived The High Court, But Will All Of Its Rules?,"
Unattributed, July 06, 2020, 10:42 PM
The U.S. Supreme Court's decision settling the long-standing debate around the constitutionality of the
Consumer Financial Protection Bureau's structure may have opened a Pandora's box for pending
litigation and past rulemaking. [Continue Reading]
AP: "US Supreme Court deals blow to Keystone oil pipeline project," Matthew Brown, July 06,
2020, 9:00 PM
The U.S. Supreme Court handed another setback to the Kone XL oil sands pipeline from Canada on
Monday by keeping in place a lower court ruling that blocked a key environmental permit for the
project. Canadian company TC Energy needs the permit to continue building the long-disputed
pipeline across U.S. rivers and streams. Without it, the project that has been heavily promoted by
President Donald Trump faces more delay just as work on it had finally begun this year following years
of courtroom battles. [Continue Reading] See also: CNN K0C0-ABC (Oklahoma City OK) Law360
NYT, WSJ
WaPo: "Supreme Court says a state may require presidential electors to support its popular-
vote winner," Robert Barnes, July 06, 2020, 6:07 PM
The Supreme Court ruled unanimously Monday that a state may require presidential electors to
support the winner of its popular vote and punish or replace those who don't, settling a disputed issue
in advance of this fall's election. Justice Elena Kagan wrote for the court as it considered for the first
time the issue of "faithless electors" and whether the Constitution sees members of the Electoral
College — whose votes ultimately elect the president — as representing the intent of the state's voters
or as independent thinkers. [Continue Reading] See also: CNN The Hill WHTC (Holland MI) WSJ
Bloomberg Law: "Robocall ban upheld, broadened by Supreme Court in free-speech case,"
Greg Stohr, July 06, 2020, 3:48 PM
The U.S. Supreme Court broadened the federal ban on robocalls to mobile phones, eliminating an
exception that had existed for government-debt collection while leaving the rest of the law intact. In a
splintered ruling, the court said the 2015 exception, which allowed robocalls if made to recoup debt
owed to or guaranteed by the federal government, violated the Constitution's guarantee of free
speech. Writing the court's controlling opinion, Justice Brett Kavanaugh said the exception "favors
speech made for collecting government debt over political and other speech." [Continue Reading] See
also: Law360 WaPo WSJ
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CRIMINAL LAW
AP: "2 New Jersey Men Charged In $10M Bank Fraud Scheme," Steve Wolford, July 06, 2020,
9:14 PM
Two New Jersey men have been charged in Maryland with participating in a bank fraud scheme that
led to more than $10 million in losses from hundreds of credit and debit card transactions, authorities
said Monday. Federal prosecutors in Baltimore said the fraud involved 76 businesses, including two
associated with Dogar Singh, 67, of Carteret, New Jersey; and Rehan Afridi, 36, of West Deptford,
New Jersey. [Continue Reading] See also: Law360
Patch (Evergreen Park, IL): "Felon Who Shot Into Murdered Palos Heights Man's Grave
Sentenced," Lorraine Swanson, July 06, 2020, 8:28 PM
A man who shot into the open grave of a murdered Palos Heights man in 2017 was sentenced to 15
years in a federal prison. Elston Stevenson, 57, of Chicago, pleaded guilty to one count of illegal
possession of a firearm by a convicted felon. U.S. District Judge John J. Tharp, Jr., sentenced
Stevenson July 1, in federal court in Chicago. [Continue Reading] See also: WBBM-CBS (Chicago
IL) WMAQ-NBC (Chicago IL)
The Oregonian (Portland, OR): "Federal courthouse door shattered, fireworks exploded inside
and at least 7 people arrested through weekend unrest, complaints say," Maxine Bernstein,
July 06, 2020, 10:00 PM
A "wrestling match" ensued last Thursday night between federal officers inside the Mark O. Hatfield
courthouse downtown and a handful of demonstrators tugging on the front glass door before it
shattered, followed by fireworks thrown into the building, according to an affidavit filed in court
Monday. Rowan M. Olsen, 19, faces allegations of failing to obey a lawful order, disorderly conduct
and creating a hazard on federal property. He pressed his body against the door to keep it shut in an
attempt to prevent officers from leaving the building, according to the affidavit. [Continue Reading]
New York Post: "Man accused of smuggling ancient Egyptian artifacts through JFK in dirty
suitcase," Bradford Betz, July 06, 2020, 5:42 PM
A Brooklyn man was indicted for allegedly trying to smuggle hundreds of Egyptian artifacts stuffed
inside dirty suitcases through JFK Airport — including some nearly 4,000-year-old relics, federal
prosecutors announced Monday. Ashraf Omar Eldarir, 47, was caught at the Queens airport in January
allegedly carrying three suitcases filled with 590 antiquities covered in foam and bubble wrap, federal
prosecutors said. [Continue Reading]
KCRG-ABC (Cedar Rapids, IA): "Dubuque couple sentenced after stealing over $200,000 from
elderly mother," Unattributed, July 06, 2020, 5:40 PM
Two people from Dubuque will be spending time in prison after pleading guilty to fraud charges in
connection to money taken from one of the person's mother. H. David Derby, 66, and Patti Lynn Derby,
52, a married couple from Dubuque, were sentenced to federal prison on Monday, July 06. H. David
will serve 26 months, while Patti will serve 24 months. There is no opportunity for parole in the federal
prison system. [Continue Reading]
The Palm Beach Post (West Palm Beach, FL): "Veteran sentenced for shooting two at VA
Medical Center," Jane Musgrave, July 06, 2020, 5:21 PM
A double-amputee was sentenced to 25 years in prison for opening fire at the Veterans Administration
Medical Center in Riviera Beach last year but may only serve a fraction of that term. Larry Ray Bon,
who shot two people and terrorized others during his February 2019 rampage, will be held in a federal
prison that can give him the mental-health treatment he needs, U.S. District Judge Kenneth Marra
ordered. [Continue Reading]
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USA Today: "Texas woman tied to slaying of Fort Hood soldier Vanessa Guillen appears in
court," Kelsey Bradshaw, July 06, 2020, 5:48 PM
A Texas woman charged in the disappearance and death of U.S. Army Spc. Vanessa Guillen at Fort
Hood appeared in court Monday morning, federal officials said. Cecily Aguilar, a Killeen, Texas,
resident who was charged with conspiracy to tamper with evidence last week, appeared virtually in
front of U.S. Magistrate Judge Jeffrey C. Manske, officials said. [Continue Reading] See also: NBC
WVNS-CBS/Fox (Lewisburg, WV): "Lashmeet man sentenced for sex crimes," Douglas Fritz,
July 06, 2020, 5:07 PM
A sentencing hearing was held on Monday, July 06, 2020 for a man who tried to have sex with a minor.
Joshua Kevin Laxton, 29, of Lashmeet was sentenced on a charge of Travel in Interstate Commerce
to Engage is Illicit Sexual Activity with a Minor. He will serve 57 months in a federal prison followed by
15 years of supervised release. [Continue Reading] See also: WVVA-NBC/CW (Bluefield WV)
New York Post: "American Airlines mechanic accused of smuggling cocaine in hidden aircraft
compartment," Rebecca Rosenberg, July 06, 2020, 4:58 PM
An American Airlines mechanic used his position to help smuggle nearly 12 kilos of cocaine bricks
from Jamaica hidden in a mechanical compartment beneath a plane, according to Brooklyn federal
prosecutors. Paul Belloisi, 52, of Hicksville, New York, pleaded not guilty via telephone conference
Monday in Central Islip federal court on a three-count indictment, charging him with conspiracy to
possess cocaine with intent to distribute, conspiracy to import cocaine and importation of cocaine.
[Continue Reading]
Law360: "Judge Hangs Up On 'Varsity Blues' FaceTime Dismissal Bid," Unattributed, July 06,
2020, 4:54 PM
"Varsity Blues" prosecutors won't have to answer why a FaceTime call between a parent charged in
the case and the scheme's mastermind was not recorded or memorialized, a federal judge said
Monday in an order that also denied the parent's request to reconsider his motion to dismiss. U.S.
District Judge Nathaniel M. Gorton said John Wilson, the founder of a private equity company and real
estate firm, would have to wait until the college admissions case goes to trial to question federal
investigators about a canceled meeting and a FaceTime call between him and William "Rick" Singer in
September 2018 that[...] [Continue Reading]
Law360: "Avenatti's Freedom Extended Ahead Of Calif. Embezzling Trial," Unattributed, July
06, 2020, 4:47 PM
The California federal judge overseeing Michael Avenatti's December embezzlement trial extended his
temporary release from a Manhattan prison following his conviction for extorting Nike, giving him 60
more days of freedom Monday despite federal prosecutors' concerns that the embattled attorney
violated bail conditions. During a teleconference status hearing in the embezzlement case against
Avenatti, U.S. District Judge James Selna extended the attorney's supervised release another two
months after it's set to expire July 24, saying he could alter that decision if it's discovered Avenatti
violated his bail conditions by accessing the internet while assisting his counsel with the discovery
process[....] [Continue Reading]
Mlive (Grand Rapids, MI): "Woman accused of helping to hide body of Fort Hood soldier has
Jackson ties," Marie Weidmayer, July 06, 2020, 4:47 PM
A woman arrested and charged for allegedly helping hide a body in Texas once lived in Jackson,
Michigan, records show. Cecily Aguilar, 22, is charged with a felony count of mutilating and destroying
to impede an investigation, court records from July 06 in the United State District Court Western
District of Texas show. [Continue Reading]
Bridgewater Courier News (Bridgewater, NJ): "3 Middlesex County residents charged in $3.5M
bank fraud conspiracy," Rebecca Rosenberg, July 06, 2020, 4:02 PM
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Three Middlesex County residents are among seven people charged for their alleged roles in a $3.5
million conspiracy to commit bank fraud in New Jersey and five other states over a two-year period. Ali
Abbas, 38, of Carteret, Habib Majid, 34, of North Brunswick, and Naveed Arif, 42, of the Port Reading
section of Woodbridge, were arrested Monday along with Awaise Dar, 32, of Dearborn, Michigan, and
Erm Ayaz, 36, of Bayside, New York, U.S. Attorney Craig Carpenito said in a news release. Continue
Reading]
The Advocate (Baton Rouge, LA): "Gun conviction puts Honduran man in federal prison for 12
months," Unattributed, July 06, 2020, 3:14 PM
A Honduran citizen has been sentenced to a year in prison for being an illegal alien in possession of a
firearm. U.S. District Judge Michael J. Juneau sentenced Erick Bautista Irias-Zepeda, 22, to serve 12
months in federal prison. He pleaded guilty of the charges on Jan. 16 and will be subject to deportation
upon his release. [Continue Reading]
AP: "4 ex-prison guards sentenced in Louisiana inmate beating," Janet McConnaughey, July
06, 2020, 2:35 PM
Four former officers at Louisiana's maximum-security prison have been sentenced for their parts in
punching, kicking and stomping a handcuffed and shackled inmate and in plotting a cover-up. The
convicted ringleader, who yanked the inmate's leg chain to send him facedown onto concrete, got
more than nine years. The lightest sentence was probation for a guard who stood by as others beat
the inmate in January 2014 and then agreed to say he kneed the inmate to get him under control after
the man spat on and fought with him. [Continue Reading]
CIVIL LAW
Law360: "6th Circ. Says Ordering GM, Fiat CEOs To Meet Goes Too Far," Unattributed, July 06,
2020, 11:49 PM
The Sixth Circuit on Monday said a Michigan federal judge can't require General Motors' CEO to
negotiate an end to the automaker's claims that Fiat Chrysler bribed union officials in a scheme that
disadvantaged rival carmakers, although the court also rejected GM's request to reassign the case to
another judge. [Continue Reading]
Law360: "After High Court's Liu Ruling, Calif. Co. Seeks SEC Relief," Unattributed, July 06,
2020, 11:06 PM
A health care company and its partial owners asked a California federal judge to review a $5.4 million
disgorgement order they face in a U.S. Securities and Exchange Commission suit, arguing the U.S.
Supreme Court's recent Liu decision might mean they should be on the hook for only half that amount.
[Continue Reading]
Law360: "Receiver Accused Of Holding Up SEC Deal In Ponzi Suit," Unattributed, July 06, 2020,
10:47 PM
Defendants in a U.S. Securities and Exchange Commission suit over an alleged $30 million Ponzi
scheme told a Florida federal court Monday that a receiver for companies involved in the case is
holding up their settlement with the government, but the receiver said he is just trying to do his job.
[Continue Reading]
Law360: "NY Judge Leaves McKinsey Critic Stuck In Dismissal 'Trap'," Unattributed, July 06,
2020, 10:09 PM
Turnaround pro Jay Alix remains stuck in a "finality trap" that may prevent him from appealing a New
York federal judge's dismissal of RICO claims against McKinsey & Co., as the judge said Monday that
Alix didn't deserve a way out of a trap he himself laid. [Continue Reading]
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Law360: "Client Was Wrong To Screenshot Zoom Deposition, Atty Says," Unattributed, July 06,
2020, 10:08 PM
An attorney representing construction workers alleging unpaid overtime asked a New York federal
court Monday to go easy on a client who shared screenshots of a Zoom deposition while promising to
"hook up" a fellow worker if he sought to join the suit. [Continue Reading]
Law360: "Md. Hospital Chain Hit With Proposed ERISA Class Action," Unattributed, July 06,
2020, 9:47 PM
A former MedStar Health Inc. employee hit the hospital chain with a proposed ERISA class action in
Maryland federal court Monday, alleging the company's retirement plan made bad investments and hid
the risk from workers. [Continue Reading]
Law360: "Wells Fargo Says N-Word 'Unfortunate,' But Bias Suit Must Go," Unattributed, July
06, 2020, 9:45 PM
Wells Fargo urged a Florida federal judge Monday to toss a real estate attorney's discrimination
lawsuit claiming he was prevented from opening a business account when a then-branch manager
called him the N-word, arguing that the alleged incident is "unfortunate," but he's not entitled to any
relief. [Continue Reading]
Law360: "Banker Says Cowen Fired Him For Objecting To Oligarch," Unattributed, July 06,
2020, 7:24 PM
A former Cowen and Co. LLC banker said Monday that he was fired after raising concerns about the
company's prospective business relationship with a Russian oligarch rumored to be involved in money
laundering and arms dealing, according to a suit filed in New York federal court. [Continue Reading]
Law360: "Investors Can Seek Discovery In Honduras Expropriation Fight," Unattributed, July
06, 2020, 5:11 PM
A Florida federal judge on Monday dismissed Honduras' assertion that a magistrate judge erred in
allowing a group of nearly 100 U.S. real estate investors to seek discovery on Honduras' sovereign
immunity defense to claims that it expropriated their development. U.S. District Judge Thomas R
Barber said the court did not misapply relevant statutes or case law in May, when it allowed the
investors to seek discovery on 12 topics to confirm if Honduras qualifies for a takings exception to the
Foreign Sovereign Immunities Act. [Continue Reading]
Law360: "US Bank Customer Wants Fee Suit Out Of Arbitration," Unattributed, July 06, 2020,
5:01 PM
A U.S. Bank customer leading a proposed class action over bank fees has asked a California federal
judge to reconsider her decision to move the suit to arbitration, arguing the judge used legal reasoning
the Ninth Circuit rejected in recent cases. In her July 2 motion for reconsideration, customer Reyna
McGovern asked District Judge Cathy Ann Bencivengo to rethink her previous ruling that the bank
could enforce an arbitration clause McGovern agreed to, saying that at the time of Judge Bencivengo's
ruling, California law was unsettled, but recent Ninth Circuit decisions made it clear that her arguments
against arbitration should prevail. [Continue Reading]
CIVIL RIGHTS
Law360: "8th Circ. Adopts Supreme Court's Broad Title VII Standard," Unattributed, July 06,
2020, 9:43 PM
The Eighth Circuit on Monday officially scrapped its longstanding precedent that Title VII of the Civil
Rights Act doesn't bar discrimination against gay workers to square with the U.S. Supreme Court's
landmark decision last month that the federal workplace protections cover sexual orientation and
gender identity bias. [Continue Reading]
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The Advocate (Baton Rouge, LA): "Former Angola prison guard sentenced to almost 10 years
for beating handcuffed inmate," Lea Skene, July 06, 2020, 3:00 PM
A former Angola guard has been sentenced to almost 10 years in prison for brutally beating a
handcuffed and shackled inmate in 2014 — leaving him with extensive injuries including a dislocated
shoulder and collapsed lung — and then conspiring to cover up the assault. Daniel Davis, 43, was
convicted in two separate trials, the most recent this past January. In announcing the sentence,
officials with the U.S. Attorney's Office for the Middle District of Louisiana referred to Davis as "the
ringleader of the beating and cover up" but noted he didn't act alone. [Continue Reading]
Bloomberg Law: "Florida Retailer to Pay $100,000 to Settle Immigrant Bias Claims," Genevieve
Douglas, July 06, 2020, 1:59 PM
A Miami-based distributor of promotional products will pay $100,000 to settle U.S. Justice Department
allegations that it discriminated against immigrant workers when verifying their eligibility for
employment. The DOJ alleged Bel USA LLC, operating as DiscountMugs, discriminated against non-
U.S. citizens by routinely requiring them to provide specific immigration documents, such as
permanent resident cards, when verifying their work authorization. U.S citizens weren't asked to
produce comparable proof of employment eligibility. [Continue Reading]
ANTITRUST
Law360: "Food Packaging Co. Asks 8th Circ. To Rehear Antitrust Suit," Unattributed, July 06,
2020, 8:47 PM
A company that makes packaging for microwavable food has asked the Eighth Circuit for a rehearing
after the court refused to revive its suit accusing a larger rival of monopolizing the market through
sham patent litigation and illegal sales practices. [Continue Reading]
Law360: [ANALYSIS] "Assessing The New DOJ, FTC Vertical Merger Guidelines," Unattributed,
July 06, 2020, 7:49 PM
On June 30, the U. S. Department of Justice and Federal Trade Commission released their vertical
merger guidelines. We expecta commentary on the guidelines to follow in the next few weeks or so.
Overall, the guidelines recognize that "vertical mergers often benefit consumers"[3] and set forth
nonexhaustive ways in which non horizontal mergers may substantially lessen competition. The three
primary theories described are foreclosure and raising rivals' costs, access to competitively sensitive
information, and facilitating collusion. [Continue Reading]
Law360: "Electronics Co. Can't Duck Price-Fix Suit Over US Notice," Unattributed, July 06,
2020, 7:48 PM
A Texas federal judge refused Sunday to cut a Japanese electronics company from a suit accusing
tech firms of jacking up the cost of licensing their mobile technology patents, finding the company had
been properly served with the complaint through its U.S. subsidiary. [Continue Reading]
Law360: "How Cannabis Cos. Can Address Enhanced Antitrust Scrutiny," Unattributed, July 06,
2020, 7:24 PM
Cannabis companies have a lot on their plate: growing their business in a new industry and staying on
the right side of state regulators, for starters. To that list, cannabis companies need to add considering
the antitrust implications of their business. That is especially true for companies preparing to merge, in
light of the bombshell testimony of a U. S. Department of Justice whistleblower who claimed that
Attorney General William Barr has targeted cannabis industry mergers for heightened scrutiny that
may not be warranted on traditional antitrust grounds. [Continue Reading]
Law360: "T-Mobile Keeping 11K Boost Subscribers In Sprint Merger," Unattributed, July 06,
2020, 5:35 PM
EFTA00064725
The U. S. Department of Justice has told a D. C. federal court it allowed T-Mobile to keep about 11,000
subscribers from Sprint's prepaid mobile business that were supposed to be divested to Dish Network
as a concession to T-Mobile and Sprint's $56 billion merger. [Continue Reading]
Fortune: "The DOJ may bring an antitrust suit against Google. But are Americans ready to
break up Big Tech?," Lance Lambert, July 06, 2020, 4:00 PM
Our mission to help you navigate the new normal is fueled by subscribers. To enjoy unlimited access
to our journalism, subscribe today. Apple, Microsoft, Amazon, Alphabet (Google), and Facebook are
the five most valuable public companies in the world. [Continue Reading]
ENVIRONMENT
Law360: "Feds Say Cleanup Plan Overrides Contaminated-Water Suits," Unattributed, July 06,
2020, 9:03 PM
The federal government on Monday asked a California federal court to let it out of lawsuits brought by
two water districts alleging the government and chemical companies have contaminated local drinking
water with a toxic chemical, arguing that cleanup efforts are already underway. [Continue Reading]
Law360: "Fiat Chrysler, Bosch Rip Opt-Out Plaintiffs' EcoDiesel Claims," Unattributed, July 06,
2020, 6:46 PM
Fiat Chrysler and Bosch have asked a federal judge to reject an attempt by consumers in California,
Florida and Texas to collect a "windfall" after opting out of a $307 million settlement in multidistrict
litigation accusing the companies of rigging diesel vehicles with emissions-cheating devices. Continue
Reading]
Law360: "EPA Accused Of Wrongly Going Virtual For Coal Ash Hearing," Clark Mindock, July
06, 2020, 6:35 PM
The U.S. Environmental Protection Agency broke the law when it refused to hold an in-person hearing
in January regarding proposed changes to a coal ash rule, environmental groups told a D.C. federal
court on Monday. [Continue Reading]
Law360: "10th Circ. Sides With Sierra Club Over Utah Coal Plant Permit," Unattributed, July 06,
2020, 6:27 PM
The Tenth Circuit has ruled that the U.S. Environmental Protection Agency cannot ignore its obligation
to enforce the Clean Air Act, pointing to its failure to pursue pollution controls on a Berkshire
Hathaway-affiliated coal plant in Utah. [Continue Reading]
NYT: "Dakota Access Pipeline to Shut Down Pending Review, Federal Judge Rules," Jacey
Fortin and Lisa Friedman, July 06, 2020, 5:03 PM
The Dakota Access Pipeline, an oil route from North Dakota to Illinois that has inspired intense
protests and legal battles, must shut down pending an environmental review and be emptied of oil by
Aug. 5, a district court ruled on Monday. The decision, which could be subject to appeal, is a victory for
the Standing Rock Sioux Tribe and other Native American and environmental groups who have fought
the project for years, and a significant defeat for President Trump, who has sought to keep the Dakota
Access Pipeline alive. [Continue Reading] See also: Law360 Newsweek Politico
TAX
Law360: "NY Drivers Rip Uber's Arbitration Bid In Pay Practices Suit," Unattributed, July 06,
2020, 9:34 PM
New York drivers told a federal judge that Uber shouldn't be allowed to wield its arbitration provision to
deprive them of their day in court, insisting Uber must face claims it shortchanged drivers' fares by
EFTA00064726
deducting ride-hailing taxes as well as inflated service fees. [Continue Reading]
Law360: "Attys Accused Of Fraud In Hawking Easement Tax Scheme," Unattributed, July 06,
2020, 6:51 PM
Georgia-based attorneys, accountants and appraisers conspired to defraud hundreds, if not
thousands, of individual investors by marketing syndicated conservation easement schemes they
knew wouldn't pass muster with the IRS, according to a lawsuit filed in federal court. Continue
Reading]
CRIMINAL JUSTICE/CORRECTIONS
New York Post: "Prison officials want to ensure Ghislaine Maxwell doesn't meet same fate as
Epstein," Larry Celona and Ben Feuerherd, July 06, 2020, 10:33 PM
Accused Jeffrey Epstein madam Ghislaine Maxwell was quietly transferred on Monday from New
Hampshire to a Brooklyn federal prison where she'll await trial pending a bail hearing. Maxwell, who
was arrested in a million-dollar rural mansion last week, was moved by US Marshals to the
Metropolitan Detention Center in Sunset Park on Monday morning, the Bureau of Prisons said in a
statement. [Continue Reading] See also: Politico USA Today, WaPo
NBC: [PODCAST] "Into Resuming Federal Executions," Unattributed, July 06, 2020, 7:54 PM
On July 13th, Daniel Lewis Lee is set to be the first prisoner executed by the federal government in 17
years. Executions have decreased on the federal and state level since their height in the 1990s, and
for the first time in decades, a majority of Americans support life imprisonment over the death penalty.
But Attorney General Bill Barr announced last month that four inmates would be scheduled for
execution in rapid succession starting next week. [Listen]
NBC: "Roger Stone lawyers ask appeals court to delay start of his prison sentence," Pete
Williams, July 06, 2020, 7:18 PM
Roger Stone is asking a federal appeals court to delay the date when he has to report to prison to
begin serving his 40-month sentence. A federal judge last week granted him a short delay, to July 14
after Stone cited coronavirus concerns. But late Monday Stone's lawyers asked the D.C. Court of
Appeals to delay his reporting date to Sept. 3. [Continue Reading] See also: Law360 Politico
WTHI-CBS (Terre Haute, IN): "Three executions set for Terre Haute's federal prison next week -
here's what they were convicted of doing," Unattributed, July 06, 2020, 5:31 PM
Federal executions take place in Terre Haute, and it has been 17-years since the last one. That is set
to change next week. There are three executions set for July and a fourth one set for August.
[Continue Reading]
WTHI-CBS (Terre Haute, IN): "Department of Justice and Bureau of Prisons set guidelines for
demonstrators at Terre Haute's federal prison ahead of executions," Unattributed, July 06,
2020, 4:06 PM
The Department of Justice and the Bureau of Prisons have released guidance for demonstrators the
days of the executions at Terre Haute's federal prison. Those who support capital punishment will
meet at Voorhees Park on 1st Street. Those against will meet at the fairgrounds on U.S. 41.
Processing for the demonstrators starts at 4:00 a.m. No one will be processed after 5:30 a.m.
[Continue Reading]
NATIVE AMERICAN AFFAIRS
Law360: Tribes Say Alaska Native Cos. Must Wait For COVID Funds," Andrew Westney, July 06,
2020, 10:09 PM
EFTA00064727
Several federally recognized tribes have pressed a D.C. federal judge to block the Treasury
Department from sending Alaska Native corporations part of $8 billion in COVID-19 relief, saying the
court's recent decision in favor of the companies recognized that there are tough questions to be dealt
with on appeal and that the language of the relief law backs the tribes. [Continue Reading]
KELO-AM (Sioux Falls, SD): "Native American tribe finds itself on lockdown," Jacey Fortin and
Lisa Friedman, July 06, 2020, 9:01 PM
The Oglala Sioux Tribe Department of Public Safety announced on Facebook that The Pine Ridge
Indian Reservation would be on lockdown for the next 72 hours. [Continue Reading]
Law360: "Tribal Sovereignty Not Violated By Fed. Court, 9th Circ. Says," Unattributed, July 06,
2020, 8:45 PM
The Ninth Circuit on Monday upheld a ruling that a Blackfeet Nation member can be prevented from
living in the Montana town where the tribe's headquarters are located as a term of his release for drug
offenses, saying that condition didn't infringe on the tribe's sovereignty. [Continue Reading]
MARIJUANA LEGALIZATION
Marijuana Moment: "Feds Hire Hazmat Firm For Marijuana Eradication Training," Ben Adlin,
July 06, 2020, 4:30 PM
The U.S. Forest Service will spend nearly $50,000 to hire a hazardous materials consulting firm to
train employees how to safely remove marijuana grown on public lands under a newly awarded
government contract. The agency says the training is needed to protect employees, some of whom
reportedly have been taken to emergency rooms after being exposed to hazardous chemicals while
clearing marijuana plants in years past. [Continue Reading]
Law360: "Va. Lawmakers Eye Pot Legalization Amid Racial Justice Push," Unattributed, July
06, 2020, 5:32 PM
Top state lawmakers in Virginia have called for full legalization of marijuana shortly after the state's
decriminalization law went into effect, saying a regulated commercial market should be the next step in
redressing racial inequality in the criminal justice system. The state's marijuana decriminalization law,
which took effect Wednesday and removes criminal penalties for possession of the drug under one
ounce, also directs various state agencies to join up and study legalization, with a report due in
November. [Continue Reading]
OPIOID CRISIS
WACH-Fox (Columbia, SC): "Nevada officials blame COVID-19 lockdown for surge in opioid
abuse," Steve Wolford, July 06, 2020, 8:02 PM
U.S. Attorney for the Nevada District, Nicholas Trutanich, along with Dan Neill, the Drug Enforcement
Agency's Assistant Special Agent in Charge, has long been involved in the local battle against opioid
abuse, addiction, and deaths. But, any progress their agencies have made in recent months suffered a
setback in March in the form of the COVID-19-related economic shutdown. During that time, they've
seen a spike in opioid overdoses, deaths, and prosecutions. [Continue Reading]
The Hill: [OPINION] "Preventing the opioid epidemic from getting worse requires attacking it at
the source," Rep. David Trone (D-Md.), July 06, 2020, 4:30 PM
Experts are predicting, and we are beginning to see, a significant uptick in opioid use disorder and
overdoses as a result of the health and economic crisis caused by COVID-19. We know that stress
and isolation are significant contributors to the onset of opioid use disorder, and we also know that the
reduced access to substance use disorder and mental health treatment spurred by the pandemic will
make this crisis worse. [Continue Reading]
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Law360: "Pharmacies Can't Slip Opioid Nuisance Claims, Counties Say," Unattributed, July 06,
2020, 3:24 PM
Two Ohio counties urged a federal judge to shut down requests by pharmacy chains to toss claims
that they created a public nuisance by failing to monitor suspicious opioid orders that helped fuel an
epidemic of painkiller addiction, saying the state's public nuisance law fits their claims. Continue
Reading]
AP: "Jonathan Sackler, co-owner of OxyContin maker Purdue Pharma, dies at 65,"
Unattributed, July 06, 2020, 3:24 PM
Jonathan Sackler, one of the owners of OxyContin maker Purdue Pharma, has died, the company
confirmed. Sackler died June 30, according to a court filing. He was 65 and the cause of death was
cancer. He was the son of Raymond Sackler, one the brothers who bought drug company Purdue
Frederick in 1952, and served as an executive and board member for the company that was later
renamed Purdue Pharma. [Continue Reading] See also: Guardian The Hill
CONGRESS
Reuters: "Small-government advocates, lobbyists tap $660 billion U.S. pandemic-aid fund,"
Andy Sullivan, July 06, 2020, 5:51 PM
As Congress signed off on trillions of dollars in coronavirus aid, the small-government group Citizens
Against Government Waste urged lawmakers to oppose bailouts for U.S. states, broadcasters,
unemployed people and other recipients. The group also secured at least $150,000 in government
funds for itself, records released on Monday show. [Continue Reading] See also: Bloomberg, Politico
WaPo WSJ
Washington Examiner: "Jim Jordan asks former US attorney to counter Mueller prosecutor's
'double-hearsay statements'," Jerry Dunleavy, July 06, 2020, 4:55 PM
The top Republican on the House Judiciary Committee is seeking a "firsthand recollection" from the
former acting U.S. attorney for the District of Columbia about the sentencing of longtime Trump
associate Roger Stone. [Continue Reading]
Fox: "'SAD' if no 'deep state' prosecutions before elections; Durham should produce findings,
Grassley says," Gregg Ret, July 06, 2020, 4:00 PM
Senate Finance Committee Chairman Chuck Grassley on Monday said it was "SAD" that Attorney
General William Barr might wait until after Election Day to initiate prosecutions related to U.S. Attorney
John Durham's ongoing probe into FBI and CIA misconduct. Barr told Fox News last month that
Americans be able to recognize "some" of the names under investigation in Durham's probe, and that
he is "very troubled" by "what has been called to" his attention so far. Among other issues, Durham is
reviewing whether federal agencies abused their surveillance powers to pursue figures associated with
the Trump campaign. [Continue Reading]
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