Archives for 2014

Washington Free Beacon: Watchdog Criticizes Justice Dept. Decision to Forego IRS Criminal Investigation

Read the full story: Washington Free Beacon

Cause of Action executive director Dan Epstein said the documents his group obtained, which were shared with the Washington Free Beacon, suggest that TIGTA’s investigation may have been inadequate.

“Given that IG George’s examination of tax-exempt applicant reviews at the IRS was conducted over a period of just a few months—was a thorough investigation of the IRS ever possible?” Epstein asked in an emailed statement.

 

Even the review that did take place lacked the authority to use investigative tools that might have uncovered wrongdoing, Epstein said.

 

“Given that IG George chose to forego an investigation and pursue an audit, coupled with no evidence of any meetings with the FBI in IG George’s calendars, is it any wonder that the FBI has been unable to find criminal violations?” he asked.

 

Cause of Action Finds Resolution for Marine Biologist in Case of Overcriminalization

FOR IMMEDIATE RELEASE                                                                                               CONTACT:      

January 13, 2013                                                                                             Annalisa Musarra, 202-499-4230

 

Cause of Action Finds Resolution for Marine Biologist in Case of Overcriminalization

                                                                                                       

SAN JOSE – Today, the sentencing hearing for Nancy Black was held in the U.S. District Court for the Northern District of California before Judge Edward Davila, bringing an end to a more than seven-year-long investigation and prosecution in the case of United States v. Black.

Ms. Black is represented by Cause of Action (CoA), a government accountability organization, and by attorneys Mark Vermeulen and Lawrence Biegel.

The government’s original charges could have resulted in up to 27 years in prison, a $700,000 fine and forfeiture of her research vessel. However, Ms. Black’s defense team was able to resolve the case through a no-jail plea agreement in which Ms. Black pleaded guilty to a single misdemeanor charge of violating a MMPA regulation prohibiting “feeding” for which she will receive a $12,500 fine, 3 years of probation, and 300 hours of community service.

Ms. Black, a well-respected and highly-esteemed marine biologist whose research focuses on the feeding habits of killer whales, is the first person to be criminally charged with violating a Marine Mammal Protection Act (MMPA) regulation prohibiting feeding marine mammals in the wild. Every other violation of this regulation resulted in relatively modest fines or, in a recent case with far more egregious facts, forfeiture of an old boat.

Dan Epstein, Cause of Action’s executive director, said:

“By singling out a valued and well-respected member of the scientific community for prosecution when more significant violations of the Marine Mammal Protection Act regulation prohibiting feeding resulted in nothing more than small civil fines, Ms. Black’s case illustrates how the power of the federal bureaucracy can affect the lives of hard-working Americans. Ms. Black’s case is a cautionary tale to those who believe the administrative state is benign; when power is unchecked it becomes unbridled and so individuals and small businesses – not the politically well-connected and powerful – often end up as victims of its abuse.”

Nancy Black said:

“I am extremely relieved that this whole ordeal is finally coming to a close. My work is very important to me, and I look forward to returning to my passion of studying marine mammals without the distractions that I have had during this case. I am very grateful for the support I’ve received from the community as well as the help of Cause of Action and my entire legal team.”

About Cause of Action:

Cause of Action is a nonprofit, nonpartisan organization that uses investigative, legal, and communications tools to educate the public on how government accountability and transparency protects taxpayer interests and economic opportunity. For more information, visit www.causeofaction.org.

To schedule an interview with Cause of Action’s Executive Director Dan Epstein, contact Annalisa Musarra, annalisa.musarra@causeofaction.org.

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The Herald News: Marine biologist Nancy Black fined $12,500 for violating Marine Mammal Protection Act

Read the full story: The Herald News

Cause of Action Executive Director Dan Epstein said Black is the first person to be criminally charged for violating the marina mammal act. Others who committed more egregious actions in the past have received minimal administrative fines.

 

“Ms. Black’s case illustrates how the power of the federal bureaucracy can affect the lives of hard-working Americans,” he said, calling it a cautionary tale. “When power is unchecked, it becomes unbridled and so individuals and small businesses often end up as victims of its abuse.”

ZwillGen blog: FTC COMMISSIONERS’ STATEMENTS BECOME FACTORS IN WYNDHAM AND LABMD

Read the full story: ZwillGen blog

The second incident relates to the FTC’s complaint against LabMD, Inc., a medical testing company whose security practices the FTC alleged were unfair and deceptive.  LabMD refused to settle this action with the FTC, and the complaint proceeded to litigation before an FTC Administrative Law Judge whose findings eventually will be reviewed by the FTC Commissioners.

 

On Dec. 17, LabMD moved to disqualify Commissioner Julie Brill from reviewing the ALJ’s decision, arguing that Commissioner Brill referenced LabMD in two speeches, suggesting that she had prejudged this case.  The FTC responded, explaining that, although a citation to the LabMD administrative complaint appears as a single footnote in the written versions of the speeches, it does not provide any commentary on this case or suggest it had been decided.  Rather, the FTC explained, the reference is listed as one of several other complaints where the FTC “found reason to believe” that a company failed to use reasonable and appropriate security measures.  Despite disagreeing with LabMD’s motion, Commissioner Brill chose to recuse herself from review of the LabMD proceedings to prevent this ancillary issue from becoming a distraction.

VIDEO: Dan Epstein Talks Transparency on NBC Washington

Reed Rubinstein on The Janine Turner Show 1/7/2014

Reed Rubinstein on The Janine Turner Show about how the Department of Labor discourages entrepreneurship and threatens small businesses.

VIDEO: Rhea Lana Riner Appears on Fox Business

How the Department of Labor’s erroneous action discourages entrepreneurship and threatens small businesses. Rhea Lana’s president Rhea Lana Riner explains how the 1938 Fair Labor Standards Act has her in a dispute with the Department of Labor.

Watch Rhea Lana on FOX Business