NATURE OF THE ACTION. COVID-19 has been a tragedy that affects all of our lives and businesses. Thus far, COVID-19 has infected more than eight million and killed more than 215,000 in the United States, and has caused far too many people and businesses to suffer great economic harm.
NATURE OF THE ACTION. In an effort to advance its nationwide consumer credit and banking business, Xxxxx Fargo violated federal law by making unauthorized automated text message and telephone calls (together “robocalls”) to the cellular telephones of individuals throughout the nation.
NATURE OF THE ACTION. 3. For decades, the Crown has systematically discriminated against First Nations children on the grounds of race and national or ethnic origin. The discrimination has taken two forms.
4. First, the Crown has knowingly underfunded child and family services for First Nations children living on Reserve and in the Yukon. This underfunding has prevented child welfare service agencies from providing adequate Prevention Services to First Nations children. The underfunding persists despite the heightened need for such services on Reserve due to the inter-generational trauma inflicted on First Nations peoples by the legacy of the Residential Schools and the Sixties Scoop, and despite numerous calls to action by several official, independent fact-finders. The Crown has known about the severe inadequacies of its funding formulas, policies, and practices for years, but has not adequately addressed them.
5. At the same time that the Crown has underfunded Prevention Services to First Nations children living on Reserve and in the Yukon, it has fully funded the costs of care for First Nations children who are removed from their homes and placed into out- of-home care. This practice has created an incentive on the part of First Nations child welfare service agencies to remove First Nations children living on Reserve and in the Yukon from their homes and place them in out-of-home care. Because of these funding formulas, policies, and practices, a child on Reserve must often be removed from their home in order to receive public services that are available to children off Reserve.
6. The removal of a child from their home causes severe and, in some cases, permanent trauma. It is therefore only used as a last resort for children who do not live on a Reserve. Because of the underfunding of Prevention Services and the full funding of out-of-home care, however, First Nations children on Reserve and in the Yukon have been removed from their homes as a first resort, and not as a last resort. The funding incentive to remove First Nations children from their homes accounts for the staggering number of First Nations children in state care. There are approximately three times the numbers of First Nations children in state care now than there were in Residential Schools at their apex in the 1940s.
7. The incentivized removal of First Nations children from their homes has caused traumatic and enduring consequences to First Nations children. Many of these children already suffer the effec...
NATURE OF THE ACTION. As alleged in United States v. Bank Hapoalim B.M. and Hapoalim (Switzerland) Ltd., 20 Cr. ( ) (the “Hapoalim Information”, attached as Exhibit A and incorporated by reference herein), from at least in or about January 2002 up through and including at least in or about December 2014, Bank Hapoalim B.M. (“BHBM”), an Israeli bank, and Hapoalim (Switzerland) Ltd. (“BHS”), its Swiss subsidiary bank (collectively, “the Bank”), conspired with others known and unknown to defraud the United States of certain taxes due and owing by concealing from the United States Internal Revenue Service (“IRS”) undeclared accounts owned by U.S. taxpayers at the Bank. On or about April [x], 2020, the United States Attorney’s Office for the Southern District of New York and the Department of Justice Tax Division (the “Offices”) and BHBM entered into a deferred prosecution agreement (the “BHBM DPA,” attached as Exhibit B and incorporated by reference herein). On or about April [x], 2020, the Offices and BHS entered into a plea agreement (the “BHS Plea Agreement,” attached as Exhibit C and incorporated by reference herein).
NATURE OF THE ACTION. As alleged in United States x. Xxxx+Xxxxxx Co., 21 Cr. (the “R+B Information”), attached as Exhibit A and incorporated by reference herein), from at least in or about 2004 up through and including at least in or about 2012, Xxxx+Xxxxxx Co. (“R+B”), a Swiss bank, conspired with others known and unknown to defraud the United States of certain taxes due and owing by concealing from the United States Internal Revenue Service (“IRS”) undeclared accounts owned by U.S. taxpayers at R+B. On or about , the United States Attorney’s Office for the Southern District of New York (the “Office”), the United States Department of Justice Tax Division, and R+B entered into a deferred prosecution agreement (the “DPA” or the “R+B DPA,” attached as Exhibit B and incorporated by reference herein).
NATURE OF THE ACTION. In an effort to advance its digital transportation service, Uber violated federal law by sending unauthorized text message calls to the cellphones of individuals throughout the nation.
NATURE OF THE ACTION. 1. On January 29, 2007, Abitibi and Bowater announced plans to merge into a new company to be called AbitibiBowater Inc. in a transaction valued at $1.6 billion.
2. Abitibi and Bowater are the two largest newsprint producers in North America. The combination of these two firms will create a newsprint producer three times larger than the next largest North American newsprint producer. After the merger, the combined firm will have the incentive and ability to withdraw capacity and raise newsprint prices in the North American newsprint market.
3. Unless the proposed transaction is enjoined, Defendants’ merger will substantially lessen competition in the production and sale of newsprint, in violation of section 7 of the Xxxxxxx Act, 15 U.S.C. 18.
NATURE OF THE ACTION. 1. On October 11, 2007, Xxxxxxx and Xxxxxx announced that they had reached agreement on the terms of a recommended cash offer by Xxxxxxx for the entire issued and to-be-issued share capital of Foseco in a transaction valued at approximately $1 billion.
2. Xxxxxxx and Foseco both manufacture and sell isostatically pressed carbon bonded ceramics products (‘‘CBCs’’), which are used to control the flow and enhance the quality of steel produced in the continuous casting steelmaking process. Xxxxxxx’x proposed acquisition of Foseco would combine two of only three North American manufacturers of certain CBCs.
3. The United States brings this action to enjoin Xxxxxxx’x proposed acquisition of Foseco because it would substantially lessen competition in the markets for certain CBCs in violation of section 7 of the Xxxxxxx Act, 15 U.S.C. 18.
NATURE OF THE ACTION. 1. The National Traffic and Motor Vehicle Safety Act of 1966, as amended and recodified (the “Safety Act”), 49 U.S.C. Chapter 301, provides for regulation of motor vehicles and motor vehicle equipment by the Secretary of Transportation. The Secretary has delegated his authorities under the Safety Act to NHTSA. 49 C.F.R. §§ 1.95(a), 501.2; see 49 C.F.R. § 501.8(d).
2. The Safety Act prohibits a dealer from selling, introducing or delivering for introduction into interstate commerce, or delivering under sale or lease any new motor vehicle or motor vehicle equipment that contains a safety-related defect or does not comply with an applicable motor vehicle safety standard about which notice has been given under 49 U.S.C. § 30118(c) unless the defect or noncompliance is remedied before delivery under the sale or lease. See 49 U.S.C. §§ 30112, 30120(i).
3. A person who violates the requirements of the Safety Act, or a regulation thereunder, is liable to the United States Government for a civil penalty. 49 U.S.C. § 30165(a)(1); 49 C.F.R. § 578.6(a). A separate violation occurs for each motor vehicle and for each failure or refusal to allow or perform a required act. 49 U.S.C. § 30165(a)(1); 49 C.F.R. § 578.6(a)(1). The maximum penalty for each violation was $7,000 from December 27, 2012 until March 17, 2016, at which point the maximum penalty for each violation was increased to $21,000.1 This maximum penalty continued and continues to be adjusted upward annually. See
NATURE OF THE ACTION. 1. The Safety Act provides for regulation of motor vehicles and motor vehicle equipment by the Secretary of Transportation. The Secretary has delegated her authorities under the Safety Act to NHTSA. See 49 C.F.R. §§ 1.95(a), 501.2.
2. The Safety Act prohibits a dealer from selling, introducing or delivering for introduction into interstate commerce, or delivering under sale or lease, motor xxxxxxxx0 or motor vehicle equipment that contain a safety-related defect or that do not comply with an applicable 1 As used in this settlement agreement, “motor vehicle” and “motor vehicles” refers to new motor vehicles and not used motor vehicles. The relevant prohibition does not apply to vehicles after the first purchase in good faith other than for resale. 49 U.S.C. 30112(b)(1). motor vehicle safety standard about which notice has been given under 49 U.S.C. § 30118(c).
3. A person who violates the requirements of the Safety Act, or a regulation thereunder, is liable to the United States Government for a civil penalty. 49 U.S.C. § 30165(a)(1); 49 C.F.R. § 578.6(a). A separate violation occurs for each motor vehicle and for each failure or refusal to allow or perform a required act. 49 U.S.C. § 30165(a)(1); 49 C.F.R. § 578.6(a). During the timeframe that the violations at issue occurred, the maximum penalty for each violation was $7,000 until March 17, 2016, at which point the maximum penalty for each violation was increased to $21,000.
4. Northwest is a dealer of motor vehicles within the meaning of the Safety Act, see 49 U.S.C. § 30102(a)(2), and a person within the meaning of 49 U.S.C. § 30165. Northwest is wholly owned by Xxx Xxxxx.
5. NHTSA received information suggesting that, in violation of the Safety Act, Northwest sold and delivered at least one motor vehicle to a customer without having remedied safety-related defects or noncompliances about which the manufacturer, Fiat Chrysler Automobiles (“FCA”), had given notice pursuant to the Safety Act.
6. On August 18, 2017, NHTSA opened an audit query (AQ17-004) to determine whether Northwest complied with the requirements of the Safety Act.
7. In connection with AQ17-004, NHTSA sent Information Request letters to Northwest and FCA. Information from FCA indicates that between 2015 and 2017 Northwest retailed at least 310 motor vehicles without applying the recall remedy. The recalls involved had to do with a variety of safety issues, including unintended side curtain air bag deployment, the automatic transmission n...
