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Cleveland Browns linebacker Mychal Kendricks faces insider trading charges, released by team

first_img FacebookTwitterLinkedInEmail2018 Nick Cammett/Diamond Images/Getty Images(CLEVELAND) — Cleveland Browns linebacker Mychal Kendricks has conceded that he “participated in insider trading” four years ago and deeply regrets it.“I was drawn in by the allure of being more than just a football player,” Kendricks said in a statement released by his attorney Michael Schwartz. “While I didn’t fully understand all of the details of the illegal trades, I knew it was wrong, and I wholeheartedly regret my actions.”Kendricks said he trusted a former friend, Damilare Sonoiki, who had a Harvard degree and was working for Goldman Sachs at the time. Sonoiki later worked as a writer on the second season of the ABC comedy “Black-ish.”Trump blasts NFL players for kneeling during anthem: ‘Stand proudly …. or be suspended without pay’Both men now face insider trading charges brought by federal prosecutors in Philadelphia.“Mr. Sonoiki and Mr. Kendricks are alleged to have cheated the markets, cheated other investors and placed themselves above the law,” said Bill McSwain, the U.S. Attorney for the Eastern District of Pennsylvania.In the second half of 2014, court records said Sonoiki sent coded text messages and FaceTime conversations from his desk at Goldman Sachs to tip Kendricks off to corporate mergers.Kendricks allegedly made $1.2 million in illegal profits by purchasing securities in companies that were soon to be acquired and then selling his positions after the deals were publicly announced. In one instance, he made a nearly 400 percent return on his investment in just two weeks, court records said.“Mychal Kendricks used material non-public information, provided by his co-defendant, to score significant profits from expected market moves,” said the FBI Special Agent Christian Zajac. “That’s not merely gaming the system—that’s a federal crime.”According to court records, Kendricks rewarded Sonoiki for his tips with cash kickbacks, free NFL tickets and an evening on the set of a pop star’s music video, in which Kendricks made a cameo appearance.“Kendricks paid cash and shared celebrity perks for illegal tips that enabled him to trade and profit on confidential information that the rest of the investing public didn’t have,” said Stephanie Avakian, co-director of the U.S. Securities and Exchange Commission’s Division of Enforcement.Neither Kendricks nor Sonoiki are currently in custody. Kendricks has acknowledged his actions and is cooperating with authorities.The NFL pro is a sixth year outside linebacker who was drafted out of the University of California, Berkeley. For the first five years of his career, Kendricks played for the Philadelphia Eagles and won the Super Bowl with the team last year before joining the Browns this summer as a free agent.Kendricks was released by the Browns Wednesday afternoon.“Prior to signing Mychal, we were informed that there was a financial situation that he had been involved with in 2014. We were told Mychal had fully cooperated with investigators as a victim. From what was communicated at that time and based on the numerous questions we asked and further due diligence on our part, including checking with the league office, there was no information discovered that conveyed otherwise,” the team’s general manager, John Dorsey, said in a statement.“Recently, we were provided an update on the matter and the circumstances have changed. We are now dealing with a different set of facts and the additional information we’ve gathered has led us to the decision to release Mychal from our team. Due to the ongoing legal nature of this situation, we will have no further comments,” the statement continued.The Eagles have not returned ABC News’ request for comment.Sonoiki’s attorney Mark Wilson, an assistant federal defender, told the Wall Street Journal he will plead guilty. “He was working as an analyst, he overheard information and he passed it on,” he said.ABC News could not reach Sonoiki for comment.Copyright © 2018, ABC Radio. All rights reserved. August 29, 2018 /Sports News – National Cleveland Browns linebacker Mychal Kendricks faces insider trading charges, released by team Written bycenter_img Beau Lundlast_img read more

In Short

first_imgFrench deal for IrishBroadway Bagels, Dungarvan, Co Waterford, which recently started selling into Spain, has now agreed a similar deal for France. Through Bord Bía, the Irish Food Board, the firm did sampling in France, then concluded a distribution deal with Lyons-based Forezia. Broadway Bagels’ co-founder, Rosie Sheehan, said its range will be launched at a French trade show in January 2011.UB future secureBright Food, the Chinese company bidding to acquire United Biscuits, has vowed not to close UB’s British factories after a recent inspection of its sites. Bright Food, which runs 3,300 shops in China, is thought to be preparing to spend about £2bn to acquire UB and said 7,500 British jobs would be safe if the deal went ahead.Dutch firm recognisedSonneveld has become the first Dutch bakery firm to achieve an AIB (American Institute of Baking) ’Excellent’ certificate. The company was awarded the excellent rating for the AIB food safety and hygiene standard earlier this month.Burton’s TV driveBurton’s Foods has launched a new national TV advertising campaign for Cadbury Fingers. Amounting to a £2m spend from October to December the 60-second ad will air for an initial two weeks, followed by a further five weeks of 30- and 10-second edits.last_img read more

Speech: When we speak for ourselves, we flourish – and our status in the WTO is no exception

first_imgAs part of our work to set up the UK’s own trade policy for the first time in over 40 years, we are currently establishing our independent goods “schedule” at the World Trade Organisation (WTO).The UK is a full and founding member of the WTO and our status is no different from that of, say, Canada or Japan. But under the EU treaties, EU member states have agreed to speak with one voice on trade. In the WTO that means the Commission represents the member states. It also means the UK’s rights and obligations are bound up with those of the other EU member states in common “schedules”. One for goods and one for services, these are the official WTO documents that describe the tariffs, quotas, subsidies, and regulatory commitments that underpin our position in the multilateral trading system.Before we leave the EU, the UK needs to separate its schedules from the EU’s. As part of this process, WTO members have a chance to respond. A small number expressed reservations and would like to discuss further. Last week, I announced that the UK intends to open negotiations at the WTO to address these concerns. This has been purposefully misunderstood by those wishing to stop Brexit as evidence that our WTO strategy isn’t working.They are wrong. It’s not unprecedented for a WTO member to trade on schedules that have not been approved by every other WTO member. In fact, the EU hasn’t had an up to date certified goods schedule since 2004, and certainly doesn’t have an updated services one.The government’s policy since October 2016 has been to establish the UK’s independent position in the WTO by March 2019 so that we are prepared for a range of possible Brexit outcomes. That remains our policy, and last week’s announcement is evidence that it is on track, not that it has failed.Under WTO procedures, if changes to a country’s schedule are of a purely technical and formal nature, members can use a process called “rectification” to make those changes. That is why we decided to replicate, as far as possible, the UK’s existing rights and obligations. We have replicated thousands of tariffs lines in our EU schedules into our UK-only schedules.We always knew agricultural quotas and subsidies would be different. You cannot copy and paste a quota or subsidy for the EU into the UK schedule: it would represent a major change to our agricultural trade on the one hand, and a major increase in the UK’s rights to subsidise agriculture on the other. The UK and the EU came up with a methodology last year for dividing the EU’s existing agricultural quotas and subsidies, based on existing trade flows with third countries. We knew there would be objections, because the countries that rely most on these quotas – the US, New Zealand, the major Latin American exporters – have been telling us, and the EU, from the outset.We nevertheless used this methodology in our goods schedule and submitted it to the WTO membership, for 2 main reasons. First, we believe this represents a fair reproduction of the rights under the EU’s existing schedule. And second, our priority was to first establish the UK’s separate schedule in the WTO and only then to use other WTO processes that exist to address any objections to specific elements of it.The objections we have received were therefore neither unexpected, nor a failure of our strategy. We have always been open to having more detailed discussions with partners once we had established our own schedule. That is why I have announced our intention to launch negotiations on these objections.This process is unlikely to be fully complete by the time we leave the EU. But objecting WTO members cannot veto the UK trading on our uncertified goods, or services, schedules after next March. In the unlikely event of a “no deal” between the UK and EU, we will be able to take full control of our trade policy in March 2019 based on the schedule we have set out.As the Director General of the WTO has said, the consequences of no deal would not be a walk in the park but nor would it be the end of the world. There will be difficult moments, but the UK will be ready to take back full control in the WTO from next March.last_img read more

Using cell phone data to curb the spread of malaria

first_imgNew research that combines cell phone data from 15 million people in Kenya with detailed information on the regional incidence of malaria has revealed, on the largest scale so far, how human travel patterns contribute to the disease’s spread. The findings from researchers at Harvard School of Public Health (HSPH) and seven other institutions indicate that malaria, in large part, emanates from Kenya’s Lake Victoria region and spreads east, chiefly toward the capital, Nairobi.The study appears in the October 12, 2012 issue of the journal Science.“This is the first time that such a massive amount of cell phone data—from millions of individuals over the course of a year—has been used, together with detailed infectious disease data, to measure human mobility and understand how a disease is spreading,” said senior author Caroline Buckee, HSPH assistant professor of epidemiology.Malaria kills about 1 million people each year—90% are children under age 5 in sub-Saharan Africa—and threatens over 3 billion globally.To estimate malaria’s potential spread, it’s important to factor in not only information about the location of the mosquitoes that carry the malaria parasite, but also the behavior of the people who might be infected, said Buckee. Since many infected people have no symptoms, they can unintentionally carry the parasite during their travels and infect hundreds of others.last_img read more

With attacks, ISIS now a global worry

first_imgThe world was stunned by a series of coordinated attacks Friday night by three bands of suicidal terrorists against civilians in central Paris, during which about 130 people were killed and hundreds more injured. The assaults occurred just one day after two suicide bombers targeted a residential area in Beirut, killing more than 40 and wounding at least 200. Both cities endured their worst, large-scale casualties in more than a decade. The radical extremist group called the Islamic State, or ISIS, has claimed responsibility for all of the attacks. Authorities in France and across Europe now are trying to determine if the terrorists had assistance from other radicals in Europe or in Syria and Iraq. In April a similar attack by a Somalia terrorist group, Al-Shabaab, at a Kenyan university, left almost 150 dead.Former U.S. Ambassador R. Nicholas Burns, the Roy and Barbara Goodman Family Professor of the Practice of Diplomacy and International Relations at Harvard Kennedy School (HKS), is a career diplomat who now directs the Future of Diplomacy Project. Juliette Kayyem, a former assistant secretary of intergovernmental affairs at the Department of Homeland Security, is a lecturer in public policy at HKS who teaches national security and emergency management. The Gazette spoke with them during a pair of phone interviews about the attacks, and about what they mean not only for the ongoing fight against the Islamic State and radical extremism, but about their likely effects on free and open societies in the West.GAZETTE: Does this appear to you to be the work of the so-called Islamic State, or ISIS, as it has claimed and many others believe?BURNS: It has claimed responsibility, and the French government believes that the Islamic State authored those brutal attacks on Friday, so I think there’s a widespread presumption that it was the Islamic State or one its affiliate groups acting for it.KAYYEM: I think we have to assume it’s ISIS only because no one else is taking credit. If there were another terrorist organization that had managed to plan such a successful attack, they’d want the credit. I thought that when I first heard of the attack, this Mumbai-type terrorism that al-Qaida was back for a brief moment, mostly because al-Qaida has been saying that they’re ready to come back. As ISIS has grown in popularity and strength, al-Qaida has been saying, “We are reforming and regrouping.” But within a few hours, it just became clear that this was some ISIS-inspired attack. What we don’t know is to the extent which ISIS central actually planned it, or if it was just a self-motivated, self-organized group.GAZETTE: Does the style and scope of the Paris attacks and the one in Beirut tell us anything new about their tactics or capabilities?BURNS: I think the international community made a series of presumptions when ISIS appeared in 2013-14, when they took over a third of Syria, a third of Iraq, and that was that they were a regional organization, that they were focused on fighting both the Syrian and Iraqi governments. As a Sunni terrorist group, they were focused on fighting Shia Islam. The feeling was that ISIS could be contained in Syria and Iraq. Paris was a profoundly important event because it’s now clear that ISIS has a global reach. If ISIS or one of its affiliate groups was responsible for the bombing of the Russian airliner that killed 224 people, that’s a significant event. The Beirut bombing that occurred just before Paris that killed so many people was in a Shia neighborhood, so directed against Shia Muslims. And now the Paris attacks. It shows that the Islamic State has a broad network, that they have, unfortunately, a great deal of capacity and sophistication in organizing this complex terrorist operation.So that’s a worrisome development, and it means that we have to start thinking of the Islamic State as an organization that is global, not just regional. And I think for policy — United States policy and Western and Arab policy — it means that the effort to contain ISIS, and those are the words that President Obama used just a couple of days ago, now needs to change. It has to be a strategy to defeat ISIS. I felt all along that there was a contradiction in American policy over the last year and a half. Our rhetoric — the rhetoric of our government and other governments — has been “we’ll defeat ISIS.” But we haven’t had a defeat strategy in place; we’ve had a contain strategy in place. We’ve been limiting most of our efforts against the Islamic State to airstrikes over the last 18 months. We’re not going to put our own troops on the ground in great numbers. I don’t think there’s any support for that in the White House, in the Congress, or in the public at large.But we haven’t done enough in arming and training Syrian rebel groups, Kurdish groups, and we haven’t done enough to reconstitute the Iraqi Army to provide the effective ground force against the Islamic State, which is the only way that that group is going to be defeated at its source in Raqqa in Northern Syria, at its source in Mosul and Ramadi and Fallujah and Anbar Province [in Iraq], which the Islamic State occupies. So I think that’s the transition point now, and it’s a lesson of Paris: that if we seek to contain the Islamic State, we are going to fail. That policy is not working. We’ve got to transition to a policy of defeating the Islamic State, given the barbarity of that organization.KAYYEM: Yes, I think we had all focused on them being a regional threat, and if we could contain them regionally, that would be sufficient. I actually think that our successes in the last six months of containing them regionally — because in Iraq, in Syria, their geographic strength has diminished — I think those successes led them to this tactical shift to say, “We may be being squeezed geographically in the region, so we’re now going to focus our attacks on large-scale, well-organized terrorist attacks outside of the region.” I know there are people on TV saying this is phase two, but I view this as their response to their diminishing strength in the region, and the reason why I say that is ISIS knows the consequences of attacks like this. They know there’s going to be a response, and the response will likely be greater Western footprints in places like Syria and Iraq. And so, that’s a tactic on their part, to engage us regionally.GAZETTE: Does the fact that they were able to execute this attack while evading detection by French intelligence signal a shift in their strategy?BURNS: It’s too early to know why these terrorist bands — the three different groups that attacked the different sites in Paris — were not interdicted. It would be irresponsible to try and second-guess the French government. I will say this: The French government, the French people have been dealing with terrorism since the 1970s and ’80s. Sometimes what we forget in the United States is that before 9/11, the Europeans had to deal with a series of very serious terrorist threats from the Baader-Meinhof Gang in Germany, to the Red Brigades in Italy, to 17 November in Greece, to all sorts of terrorist groups operating in France and in Spain, to the IRA operating in the United Kingdom and Northern Ireland. And so the Europeans have a lot of experience with terrorism. They’re quite good at counterterrorism. They obviously need a lot of help — as we need help — and so I think part of the answer here is to deepen American support for the French and for the other European governments. We’ve all got to band together to combat the Islamic State and the other terrorist groups that are confronting us.KAYYEM: Oh, yes. A terrorist attack like this requires what we call ATM: arms, training, and money. An investigation will have to follow those three trails. There’s going to be a lot of information coming out of this investigation that is going to lead to potentially dozens of other people. The fact that at no stage was any of this, at least seemingly, picked up was clearly a failure of intelligence, but is probably also a consequence of the sheer numbers of refugees and others and those who fought in Syria that France now has in their country. I think what we’ll find is the speed with which these guys got radicalized and planned. In other words, compare it to Osama Bin Laden’s group, where they fought in Afghanistan for years on end, and then in various countries and then emerged. These are decade-long relationships of planning and radicalization. I think what we’re going to find is the speed by which these guys got engaged and trained, planned, and organized, and then did their attack — it’s a very short runway, and that makes it more difficult to pick up.GAZETTE: Are we at an inflection point in the war on terror? Could we be on the brink of a kind of world war?BURNS: We’re not on the brink of a world war, no. But we have seen now that the Syrian civil war, four and a half years into it, has now become a regional war. Syria has produced 260,000 dead and 12 million homeless people in a population of 22.4 million. That war has now metastasized into Lebanon, into Iraq, into Jordan, into Turkey. And it’s also metastasized into Europe, with the hundreds of thousands — and I think the potentially millions — of refugees who will seek asylum in Europe over the next year or two or three. So what we have to recognize is that the Syrian civil war — and it was the Syrian civil war that produced the Islamic State, it grew out of that war — now is reaching far beyond the borders of Syria, throughout the Middle East, and into Europe, and it could possibly reach the United States. We can’t discount that possibility. If that’s what’s happening, if the Syrian civil war has become regional and now global through the Islamic State, then we have to go to the source and defeat the Islamic State as the principal terrorist organization operating in the territory of Syria.I think the United States has to lead this international coalition. It means that we have to intensify our airstrikes against the Islamic State in northern Syria, number one. Number two, we need much greater support than we are getting from the Arab world. Most of the Arab countries that were part of the air coalition beginning in the summer of 2014 are now not very active. The United Arab Emirates, Kuwait, Saudi Arabia are doing relatively little against the Islamic State because they’ve been focusing on the civil war in Yemen. We need much greater support from the Arabs. They’re the ones, ultimately, who ought to have the self-interest to defeat this organization. We need greater support from Europe. Now the French have been very stalwart over the last several months, but the British have not done as much as they normally would. Many of the other European members of the NATO alliance are doing relatively little in terms of supporting the United States in this air campaign. So we need help to prosecute a more effective air campaign against the Islamic State.And then I also think we’re going to have to do more to provide arms and training to the Syrian Kurdish groups that have been the most effective fighting forces against the Islamic State. We need Turkey to cease and desist its own attacks on those Syrian Kurdish forces. And we need, of course, to broaden our intelligence cooperation, our law enforcement cooperation, our diplomatic cooperation in a big coalition to defeat this organization. The United States is the only country with enough capacity and influence and effectiveness to lead this coalition. And I don’t mean hundreds of thousands of American troops on the ground. I’m not suggesting that. We have very few American forces in Syria. We have a slightly greater number in Iraq, but I think the president is right not to reintroduce American combat forces into Iraq and Syria, but to add special forces, to add air capacity, to add forces that can help train the Iraqis and the Syrians to defeat this group. That’s what we’ve got to do now.KAYYEM: I adore this pope, but I was not happy with those words. [Pope France described the Paris attacks as part of a “piecemeal Third World War.”] Because I think if we conceptualize this as a war, it tends to radicalize both sides. We have a huge security challenge right now, and the solution is not to conceive of it in terms of a war, but to conceive of it in terms of an ideological schism that needs to be dealt with from within the religion, within the region, and then, of course, within countries like ours that are targets of that radicalism.GAZETTE: What are the long-term implications for France and the European Union more broadly from a political and social standpoint, and how will this affect issues like border security and the Syrian refugee crisis?BURNS: This is a very unsettling time for the Europeans because they’ve come through, in the last five years, a great crisis pertaining to the future of the Eurozone, which is an existential crisis for the European countries. They’ve gone through the great debt crisis that rattled everyone. And now they’re facing the greatest influx of refugees into Europe since the end of the Second World War. And that has divided the European Union. Some countries like Germany, under Angela Merkel’s leadership, have opened the door in a very compassionate way to refugees. Other countries have slammed the door shut, from Hungary to Poland to the Czech Republic to Slovakia to Bulgaria. And the European Union, of course, has the Schengen Area, which promises the free movement of labor. That’s beginning to break down. And you’re also seeing the rise of right-wing nationalist forces in many countries, particularly in France with Marine Le Pen, and the fear is that those right-wing nationalist groups, some of them quite bigoted, some of them racist, might prevail in the polls, or do much better in the polls because European people are worried. They’re worried about stability in their society; they’re worried about being overwhelmed by all these threats.GAZETTE: What will or should France and the U.S. do? Is there an effective way to defend against a suicidal ideology?BURNS: We will prevail in the end, we democracies, because we’re stronger. We have stronger values, and we’ll have far greater public support than these terrorist groups can ever earn. But I think it’s clear that this is going to be a long fight. The Islamic State and the other terrorist groups that are brutalizing the Syrian people are not going to vanish soon. They need to be fought at their source; they need to be fought in a very organized way. So just as after 9/11, there needs to be a supreme effort by the Western countries to coalesce. If you think about the assets at our disposal, I would list military as the last. We need better intelligence cooperation to find out where they are. We need law enforcement and judicial cooperation to apprehend them and to try them and jail them in our own systems. We certainly need financial cooperation to find the sources of their revenue and to dry that up and block them. That’s critically important. And we need a sense of unity, and that’s where diplomacy comes in. I think President Obama’s most important role — if he chooses to play this role, and I hope he does — is to be the rallying point for the European countries, for the Arab world to join in, for the Turks to join in, in order to unite our efforts against this organization and the other terrorist groups.Military force can be, obviously, very helpful, but you need all those other instruments in place for it to be effective. These are some of the lessons that the Europeans learned in the ’70s and ’80s as they fought those indigenous terrorist groups. It’s certainly in hindsight after 9/11 the better way to fight a big, powerful terrorist organization. There’s no doubt in my mind that we will prevail in the end, but it’s going to be a long, costly and, I’m afraid, a very violent time.KAYYEM: No. I think the range of options just expanded in the sense that France just recently committed militarily to the war against ISIS. I think that will increase. I don’t compliment this, but I’m just reflecting what I would anticipate will be a major change in how these countries deal with Syrian refugees. To me, that’s just not a long-term solution. They are still going to be refugees, so if you hold them in detention camps or other places, that’s hardly going to limit radicalization. But I fear that’s going to be the solution to head off the growth of right-wing politics in Western Europe.GAZETTE: Do you expect that Europe and/or the U.S. will dramatically change the way we confront ISIS?KAYYEM: I would suspect that there would be increased military action, only because the military action is working. That’s what we have to remember, that there have been successes for the last six months in the war on ISIS, and so there are going to be these responses by ISIS where we live, in Western Europe, or lone wolves here in the United States. But the military effort is not going to combat those guys. It’s going to mean a greater commitment to intelligence and intelligence sharing, and probably changes privacy rules throughout Europe. After the [Edward] Snowden surveillance disclosures, the pendulum swung very much into stopping a lot of the intelligence efforts, and of course Europe was not pleased about what we were doing. My suspicion is that Europe is going to reexamine its response to the Snowden disclosures, and you’re going to get a greater surveillance apparatus in those countries. There’s a huge debate about it, about whether that’s good or bad, but I just anticipate that will be what’s going on.I think we’re using every tool, so it’s not like there’s some magic pixie dust. There’s a commitment to military, intelligence, diplomacy, a Syrian solution, countering violent extremism. None of them is easy.GAZETTE: Is this kind of coordinated attack on civilians likely to happen again soon in Europe or the U.S?BURNS: I’d be irresponsible to predict anything like that, but I think we have to assume that the terrorists will want to continue to strike at Europe, as well as at the United States and Canada. And so we’re counting a lot on our homeland security. We have to be vigilant from a counterterrorism perspective. We’ve put a lot of money and effort into improving our defenses since 9/11. They’re very, very good at the federal level [and] at the state level. Very strong. But no system is ever perfect, and so we have to remain vigilant. This is job number one for all of us — to defend our country, our borders. But we’re not in it alone. This is an international fight.KAYYEM: I would start from the assumption yes. People in homeland security like me, the best we can do is to minimize the risk and to try to lower it, but you’re never going to get it to zero. Our country is so big and so vast and so open, so diverse, that to conceive of a world in which there’s zero risk is unimaginable. We wouldn’t be American in that way. So part of it is supporting the border efforts, intelligence efforts, but also the changes within homeland security that have begun to focus on: response, recovery, resiliency in anticipation that bad things might happen.GAZETTE: What does this mean for free societies if these events continue or devolve even further?BURNS: It means that we need strong and clear leadership to tell us how we can all contribute to protect our free society from this nihilistic, anti-democratic force called the Islamic State. We need to be careful that we safeguard our civil freedoms as we prosecute our struggle against terrorism. Some of the lessons of the post-9/11 environment are very important in that respect to maintain our civil freedoms here at home, to protect our constitutional rights. I don’t think there is a tradeoff here. Democratic societies, if you think about our history in the First and Second World Wars, in the Cold War, in the wars in Iraq and Afghanistan, we should be able — we must be able — to prosecute wars against extremist, violent forces while protecting our democracy here at home. That’s something I think we have to be very mindful of as well.There have been calls over the last two or three days by some politicians in the United States, but also in Europe, that we should now close our doors to refugees because of the assumption that these attackers, some of them, might have come as refugees into Europe. I think, first of all, it’s too soon to know exactly who these young men were. So we have to wait and see what the facts represent. Secondly, in my view, it would be a grave, grave misjudgment if we decided to close our borders to refugees because the United States has always, under Republican and Democratic administrations, welcomed refugees. We’re a refugee immigrant nation. Remember that Albert Einstein, Henry Kissinger, and Madeleine Albright all came to this country as refugees. It’s very important that we keep our doors open.At a time when Germany is going to take in perhaps close to a million refugees in the next year and a half or so, for the United States to say we’ll only take in 10,000 refugees is not consistent with the generosity of the American people, the American government, that we’ve shown in all previous refugee crises going back to the Second World War. I don’t think the Paris attacks should convince us that suddenly we should become a closed society and dig a moat around the country and pull up the drawbridges. I think that would be exactly the wrong response. There are hundreds of thousands of people who are going to need resettlement, mainly in Europe and in the Arab world, but some should come to the United States. Of course, we’re going to have to vet every refugee for security reasons; we do that as a matter of course. But we must continue to accept them. That’s the right thing to do, that’s the American thing to do, and I think that’s an important thing to say now.KAYYEM: I think it means that there is a heightened level of risk right now of living in these free societies, given the threat that we face. It is still de minimis compared to the risks we face every day. What I tell people — and part of my upcoming book is called “Security Mob: An Unclassified Guide to Protecting Our Homeland and Your Home” — is really also preparing people, communicating with kids, and having plans that are in place should something occur. All of those things are obligations of citizens living in a free society.This interview has been lightly edited for clarity and length.Harvard keys into travelersOn learning of the attacks in Paris Friday night, Harvard Global Support Services (GSS) and members of the international emergency management team from each Harvard School immediately began reaching out to all Harvard faculty, staff, and students known to be in the region and confirm they were safe.“Although we’re relieved and grateful, we’ll continue to monitor the situation. We encourage all travelers in Paris, or those traveling there soon, as well as those traveling to any international destination, to keep their travel details current in the Harvard Travel Registry,” said Steve Taylor, associate director for international safety and security for GSS. “As the latest attacks demonstrate, serious incidents can occur anywhere. Knowing where our affiliates are abroad during a time of crisis saves valuable time, and so we are ready to support Harvard travelers wherever there is need.”Taylor acknowledged the potential for future incidents. “Travelers can expect to see increases in military and police personnel, higher security warning levels, and enhanced border controls in France and in many Western European countries. We will continue to follow events closely through our regular monitoring of government, commercial, and private intelligence sources.”“It’s important to remain calm, cooperative, and vigilant. Travelers should carry proper identification at all times, and allow extra time to pass through security. And while it may be compelling to join solidarity movements and marches, it is safest to avoid large protests, even if they are peaceful.”Taylor reminded Harvard travelers abroad in need of security or medical assistance or advice to call Harvard Travel Assist at +1-617-998-0000. Anyone with security concerns ahead of upcoming travel abroad should contact GSS for advice.last_img read more

‘Diabetes Sidekicks’ busts myths on campus

first_imgSaint Mary’s senior and co-president of the Saint Mary’s-Notre Dame Diabetes Support Group Becky Walker has made it her goal to dispel myths about diabetes on both campuses.“There is a very popular myth about diabetes,” Walker said. “People think that you can develop diabetes by eating too much sugar, and that simply isn’t true. We’re here to raise awareness and hopefully dispel those myths.”The consequences of diabetes personally affect Walker, as she deals with the condition of type 1 diabetes daily. The process of self-care includes checking blood sugar multiple times a day and administering her own shots, she said.Walker said type 1 diabetes affects many students on both campuses, whether they have the condition or know someone who suffers from it.“50 percent of Saint Mary’s students [are affected by] type 1 diabetes,” Walker said. “… There are the connections with roommates, friends and relatives.”Though the organization is formally called the Diabetes Support Group, members affectionately refer to it as “Diabetes Sidekicks,” Walker said. It exists mostly as a resource for those on both campuses who suffer from type 1 diabetes.“The goal of the club is to promote awareness about diabetes and participate in service work associated with the condition,” Walker said.As part of its service work, the club participated in the Michiana Walk to Cure Diabetes on Sept. 14th.“Seven of us went [on the walk],” Walker said. “We managed to raise $380 dollars, which is pretty good for seven people.”As far as this year’s activities go, Walker said the club is looking forward to another walk, on which the members hope to bust even more myths about diabetes, and World Diabetes Day.Walker said it is her job as co-president to handle the organization of meetings and activities, responsibilities which entail sending out e-mails for upcoming events and updating the “ND Diabetes Sidekicks” Facebook page.“We are looking to possibly start up a Twitter account as well; however, that would have more diabetes-related information rather than club updates.”For those looking to get involved, the group meets at 6 p.m. in South Dining Hall at Notre Dame every Sunday.“I hope we can spread enough awareness this year to make sure it stays afloat,” Walker said.The Diabetes Support Group can be reached at [email protected]: awareness, diabetes, diabetes awareness, diabetes sidekicks, type 1 diabetes, walk for a curelast_img read more

Hedwig and the Angry Inch, Starring Neil Patrick Harris, Will Release Broadway Cast Recording

first_img In addition to Harris and Hall, the cast album will feature the Angry Inch band, known as Tits of Clay outside the Belasco Theatre: Justin Craig (guitar, keyboards, vocals), Matt Duncan (bass, vocals), Tim Mislock (guitar, vocaals), and Peter Yanowitz (drums, vocals). In a statement, Trask shared his excitement, saying, “the talents of Neil and Lena and this amazing f*cking band have made these the best version of the score ever…if any band wants to learn any of these songs, these are the versions they should study.” View Comments Star Files Put on some makeup and turn up the eight track (OK, we have iPhones now), because the Tony-nominated Broadway revival of Hedwig and the Angry Inch is getting a cast album! Tony nominees Neil Patrick Harris and Lena Hall will rock out to Stephen Trask’s score on the recording, which will be released by Atlantic Records digitally on July 1 and in stores on July 15. Trask will produce the album alongside Tim O’Heir and Hedwig music director Justin Craig. Related Shows Neil Patrick Harris With a book by John Cameron Mitchell and directed by Michael Mayer, Hedwig and the Angry Inch tells the story of a fictional rock ‘n’ roll band, fronted by Hedwig (Harris), a transgender woman from communist East Berlin. Between rock songs, Hedwig regales the audience with both humorous and painful stories about her life, including her botched sex change operation. The score includes “Tear Me Down,” “Wig in a Box,” “Wicked Little Town,” “Angry Inch” and more. Lena Hall Hedwig and the Angry Inch Show Closed This production ended its run on Sept. 13, 2015last_img read more

Nocturnal Butterfly Found in Costa Rica after 98-Year Disappearance

first_imgBy Dialogo July 01, 2009 San José, June 30 (EFE).- The nocturnal butterfly Tetrisia florigera not seen in Costa Rica for ninety-eight years, for which reason scientists believed it had disappeared, until a local researcher found a female specimen in the Caribbean region in January, the National Biodiversity Institute (InBio) announced today. According to the Costa Rican institute, the butterfly specimen was collected in the Veragua Rainforest Park, in the province of Limón. As reported by InBio, Costa Rican entomologists found the female specimen in the park’s forest understory, at an elevation of four hundred meters, an important fact because it expands the territorial distribution of the species. The scientific records on Tetrisia florigera, discovered at the beginning of the 1870s, indicate that specimens had been collected previously only at elevations around one thousand meters. According to an official statement by InBio, this butterfly was described by American William Schaus in 1911, and the only previously-collected specimen is in the United States, in the Natural History Museum in Washington, as no Costa Rican museum has had an individual in its collection. “This discovery will allow scientists and students to carry out new studies of the natural history of this species, as well as to increase research and the creation of knowledge about the species that live in our forests and have not yet been named or identified,” the statement emphasized. José Montero, the researcher who found the butterfly, explained that the habits and habitat of Tetrisia are practically unknown to science; moreover, aspects such as diet and metamorphosis can only be observed by raising larvae, for which reason studies in the region will continue. Costa Rica is a small tropical country of scarcely 51,000 square kilometers, but it contains 4.5 percent of the total world biodiversity.last_img read more

Salvadoran Pleads Guilty in U.S. to Attempting to Sell Arms to the FARC

first_img A Salvadoran, Héctor Antonio Martínez, thirty-two years old, pleaded guilty on 11 May to attempting to sell arms to the Revolutionary Armed Forces of Colombia (FARC), a guerrilla group, and to transporting explosives, the U.S. Department of Justice announced. Martínez, who faces a possible life sentence, acknowledged that between July and November 2010 he sold explosives and arms to a U.S. law-enforcement agent he thought was a member of the FARC. The Salvadoran was arrested in Virginia (in the eastern United States) while preparing to transport twenty kilograms of cocaine, allegedly as part of the operation. He will be sentenced on 29 July, the text explained By Dialogo May 13, 2011last_img

Registered paralegal program rules

first_imgThe Board of Governors of The Florida Bar hereby gives notice of filing with the Supreme Court of Florida, on or about August 15, a petition to amend the Rules Regulating The Florida Bar. Rule 1-12.1, Rules Regulating The Florida Bar, governs such matters. The full text of the proposed amendments is printed below. A copy of the petition will be available on the Bar’s Web site at floridabar.org and the court’s Web site at wwwflcourts.org after the petition has been filed. If you do not have Internet access, you may request a copy by contacting the Unlicensed Practice of Law Office, The Florida Bar, 651 Jefferson East Street, Tallahassee 32399-2300 or calling (850) 561-5600, ext. 6757. Members who desire to comment on these proposed amendments may do so within 30 days of the filing of the Bar’s petition. Comments should be filed directly with the clerk of the Supreme Court of Florida, and a copy must be served on the executive director of The Florida Bar. RULES REGULATING THE FLORIDA BAR *** CHAPTER 20. FLORIDA REGISTERED PARALEGAL PROGRAM SUBCHAPTER 20-1. PREAMBLE RULE 20-1.1. PURPOSE The purpose of this chapter is to set forth a definition that must be met in order to use the title paralegal, to establish the requirements to become a Florida Registered Paralegal, and to establish the requirements to maintain Florida Registered Paralegal status. This chapter is not intended to set forth the duties that a paralegal may perform because those restrictions are set forth in the Rules of Professional Conduct and various opinions of the Professional Ethics Committee. Nothing contained herein shall be deemed relevant in charging or awarding fees for legal services rendered by nonlawyers under the supervision of a member of The Florida Bar, such fees being based on the nature of the services rendered and not the title of the person rendering the services. SUBCHAPTER 20-2. DEFINITIONS RULE 20-2.1. GENERALLY For purposes of this chapter, the following terms shall have the following meaning: (a) Paralegal. A paralegal is a person with education, training, or work experience, who works under the direction and supervision of a member of The Florida Bar and who performs specifically delegated substantive legal work for which a member of The Florida Bar is responsible. (b) Florida Registered Paralegal. A Florida Registered Paralegal is someone who meets the definition of paralegal and the requirements for registration as set forth elsewhere in these rules. (c) Paralegal Work and Paralegal Work Experience. Paralegal work and paralegal work experience are specifically delegated substantive legal work performed by a person with education, training, or work experience under the direction and supervision of a member of The Florida Bar for which a member of The Florida Bar is responsible. In order to qualify as paralegal work or paralegal work experience for purposes of meeting the eligibility and renewal requirements set forth herein, the paralegal must primarily perform paralegal work and the work must be continuous and recent. Recent paralegal work for the purposes of meeting the eligibility and renewal requirements set forth herein means work performed during 3 of the previous 5 years in connection with an initial registration, and during the preceding year in the case of a registration renewal. Time spent performing clerical work is specifically excluded. (d) Approved Paralegal Program. A program approved by the American Bar Association (“ABA”), or a program that is in substantial compliance with the ABA guidelines and accredited by a nationally recognized accrediting agency approved by the United States Department of Education. (e) Employing or Supervising Attorney. An employing or supervising attorney is the attorney having direct supervision over the work product of the paralegal or Florida Registered Paralegal. (f) Board. The board is the Board of Governors of The Florida Bar. (g) Respondent. A respondent is the individual whose conduct is under investigation. (h) Designated Reviewer . The designated reviewer is a member of the board of governors appointed by the president of The Florida Bar from the district of the district paralegal committee and is responsible for review and other specific duties as assigned by the board of governors with respect to a particular district paralegal committee or matter. If a designated reviewer recuses or is unavailable, another board member from the district may be appointed by the president of The Florida Bar to serve as designated reviewer in that matter. (i) Probable Cause . A finding that there is cause to believe that a Florida Registered Paralegal is guilty of misconduct justifying disciplinary action. (j) Bar Counsel. Bar counsel is a member of The Florida Bar representing The Florida Bar in any proceeding under these rules. SUBCHAPTER 20-3. ELIGIBILITY REQUIREMENTS RULE 20-3.1. REQUIREMENTS FOR REGISTRATION In order to be a Florida Registered Paralegal under this chapter, an individual must meet 1 of the following requirements. (a) Educational and Work Experience Requirements. A person may become a Florida Registered Paralegal by meeting 1 of the following education and paralegal work experience requirements: (1) a bachelor’s degree in paralegal studies from an approved paralegal program, plus a minimum of 1 year of paralegal work experience; (2) a bachelor’s degree from an institution accredited by a nationally recognized accrediting agency approved by the United States Department of Education or the Florida Department of Education, plus a minimum of 3 years of paralegal work experience; (3) an associates’ degree in paralegal studies from an approved paralegal program, plus a minimum of 2 years of paralegal work experience; (4) an associates’ degree from an institution accredited by a nationally recognized accrediting agency approved by the United States Department of Education or the Florida Department of Education, plus a minimum of 4 years of paralegal work experience; or (5) a juris doctorate degree from an American Bar Association accredited institution, plus a minimum of 1 year of paralegal work experience. (b) Certification. A person may become a Florida Registered Paralegal by obtaining 1 of the following certifications: (1) successful completion of the Paralegal Advanced Competency Exam (PACE certification as offered by the National Federation of Paralegal Associations “NFPA”) and good standing with NFPA; or (2) successful completion of the Certified Legal Assistant/Certified Paralegal examination (CLA/CP certification as offered by the National Association of Legal Assistants “NALA”) and good standing with NALA. (c) Grandfathering. A person who does not meet the requirements of (a) or (b) may become a Florida Registered Paralegal by providing attestation from an employing or supervising attorney(s) that the person has paralegal work experience as defined elsewhere in these rules for 5 of the 8 years preceding the date of such attestation. Any such attestation must be received by The Florida Bar not later than 3 years after the effective date of this chapter. SUBCHAPTER 20-4. REGISTRATION RULE 20-4.1. GENERALLY The following shall be filed with The Florida Bar by an individual seeking to be registered as a Florida Registered Paralegal: (a) Educational, Certification, or Experience Requirement. (1) evidence that the individual has satisfied the requirements of rule 20-3.1(a) by supplying evidence of the degree and attestation from the employing or supervising attorney(s) showing that the individual has the appropriate paralegal work experience; or (2) a certificate showing that the individual has completed 1 of the certifications set forth in rule 20-3.1(b); or (3) attestation from the employing or supervising attorney(s) that the individual has met the requirements of rule 20-3.1(c). (b) Statement of Compliance. A sworn statement by the individual that the individual has read and will abide by the Code of Ethics and Responsibility set forth elsewhere in this chapter. (c) Registration Fee. An appropriate registration fee set by the board. (d) Review by The Florida Bar. Upon receipt of the items set forth in subdivision 20-4.1(a), The Florida Bar shall review the items for compliance with this chapter. Any incomplete submissions will be returned. If the individual meets all of the requirements of this chapter, the individual shall be added to the roll of Florida Registered Paralegals and a certificate evidencing such registration shall be issued. (e) Annual Renewal; Content and Registration Fee. The registration pursuant to this section shall be annual and consistent with that applicable to an attorney licensed to practice in the state of Florida. An annual registration fee shall be set by the board in an amount not more than the annual fees paid by inactive members of The Florida Bar. The renewal shall contain a statement that the individual is primarily performing paralegal work as defined elsewhere in this chapter and a statement that the individual is not ineligible for registration set forth elsewhere in this chapter. A Florida Registered Paralegal who is not primarily performing paralegal work shall not be eligible for renewal of the registration but may reapply for registration. SUBCHAPTER 20-5. INELIGIBILITY FOR REGISTRATION OR RENEWAL RULE 20-5.1. GENERALLY The following individuals are ineligible for registration as a Florida Registered Paralegal or for renewal of a registration that was previously granted: (1) a person who is currently suspended or disbarred or who has resigned in lieu of discipline from the practice of law in any state or jurisdiction; (2) a person who has been convicted of a felony in any state or jurisdiction and whose civil rights have not been restored; (3) a person who has been found to have engaged in the unlicensed (unauthorized) practice of law in any state or jurisdiction; (4) a person whose registration or license to practice has been terminated or revoked for disciplinary reasons by a professional organization, court, disciplinary board, or agency in any jurisdiction; (5) a person who is no longer primarily performing paralegal work as defined elsewhere in these rules; or (6) a person who fails to comply with prescribed continuing education requirements as set forth elsewhere in this chapter. RULE 20-5.2. DUTY TO UPDATE An individual applying for registration as a Florida Registered Paralegal or who has been registered as a Florida Registered Paralegal has a duty to inform The Florida Bar promptly of any fact or circumstance that would render the individual ineligible for registration or renewal. SUBCHAPTER 20-6. CONTINUING EDUCATION RULE 20-6.1. GENERALLY In order to maintain the status of Florida Registered Paralegal, a Florida Registered Paralegal must complete a minimum of 30 hours of continuing education every 3 years, 5 hours of which shall be in legal ethics or professionalism. Courses approved for credit by The Florida Bar, the National Association of Legal Assistants (NALA), or the National Federation of Paralegal Associations (NFPA) will be deemed acceptable for purposes of this rule. SUBCHAPTER 20-7. CODE OF ETHICS AND RESPONSIBILITY RULE 20-7.1. GENERALLY A Florida Registered Paralegal shall adhere to the following Code of Ethics and Responsibility: (a) Disclosure. A Florida Registered Paralegal shall disclose his or her status as a Florida Registered Paralegal at the outset of any professional relationship with a client, attorneys, a court or administrative agency or personnel thereof, and members of the general public. (b) Confidentiality and Privilege. A Florida Registered Paralegal shall preserve the confidences and secrets of all clients. A Florida Registered Paralegal must protect the confidences of a client, and it shall be unethical for a Florida Registered Paralegal to violate any statute or rule now in effect or hereafter to be enacted controlling privileged communications. (c) Appearance of Impropriety or Unethical Conduct. A Florida Registered Paralegal should understand the attorney’s Rules of Professional Conduct and this code in order to avoid any action that would involve the attorney in a violation of the rules or give the appearance of professional impropriety. It is the obligation of the Florida Registered Paralegal to avoid conduct that would cause the lawyer to be unethical or even appear to be unethical, and loyalty to the lawyer is incumbent upon the Florida Registered Paralegal. (d) Prohibited Conduct. A Florida Registered Paralegal should not: (1) establish attorney-client relationships, accept cases, set legal fees, give legal opinions or advice, or represent a client before a court or other tribunal, unless authorized to do so by the court or tribunal; (2) engage in, encourage, or contribute to any act that could constitute the unlicensed practice of law; (3) engage in the practice of law; (4) perform any of the duties that attorneys only may perform nor do things that attorneys themselves may not do; or (5) act in matters involving professional legal judgment since the services of an attorney are essential in the public interest whenever the exercise of such judgment is required. (e) Performance of Services. A Florida Registered Paralegal must act prudently in determining the extent to which a client may be assisted without the presence of an attorney. A Florida Registered Paralegal may perform services for an attorney in the representation of a client, provided: (1) the services performed by the paralegal do not require the exercise of independent professional legal judgment; (2) the attorney is responsible for the client, maintains a direct relationship with the client, and maintains control of all client matters; (3) the attorney supervises the paralegal; (4) the attorney remains professionally responsible for all work on behalf of the client and assumes full professional responsibility for the work product, including any actions taken or not taken by the paralegal in connection therewith; and (5) the services performed supplement, merge with and become the attorney’s work product. (f) Competence. A Florida Registered Paralegal shall work continually to maintain integrity and a high degree of competency throughout the legal profession. (g) Conflict of Interest. A Florida Registered Paralegal who was employed by an opposing law firm has a duty not to disclose any information relating to the representation of the former firm’s clients and must disclose the fact of the prior employment to the employing attorney. (h) Reporting Known Misconduct. A Florida Registered Paralegal having knowledge that another Florida Registered Paralegal has committed a violation of this chapter or code shall inform The Florida Bar of the violation. SUBCHAPTER 20-8. REVOCATION OF REGISTRATION The following rules and procedures shall apply to complaints against Florida Registered Paralegals: RULE 20-8.1. PARALEGAL COMMITTEES There shall be paralegal committees as are herein provided, each of which shall have the authority and jurisdiction required to perform the functions hereinafter assigned to the paralegal committee and which shall be constituted and appointed as follows: (a) District Paralegal Committees. There shall be at least 1 paralegal committee for each appellate district of this state and as many more as shall be found desirable by the board. Such committees shall be continuing bodies notwithstanding changes in membership, and they shall have jurisdiction and the power to proceed in all matters properly before them. (b) Membership, Appointment, and Eligibility. Each district paralegal committee shall consist of not fewer than 3 members, at least 1 of whom is a Florida Registered Paralegal and at least 1 of whom is a member of The Florida Bar. Members of district paralegal committees shall be nominated by the member of the board designated to review the actions of the committee and appointed by the board. All appointees shall be of legal age and shall be residents of the district or have their principal office in the district. For each district paralegal committee there shall be a chair designated by the designated reviewer of that committee. A vice-chair and secretary may be designated by the chair of each district committee. (c) Terms. The terms of the members shall be for 3 years from the date of administration of the oath of service on the district paralegal committee or until such time as their successors are appointed and qualified. Continuous service of a member shall not exceed 6 years. A member shall not be reappointed for a period of 3 years after the end of the member’s second term provided, however, the expiration of the term of any member shall not disqualify such member from concluding any investigation or participating in the disposition of cases that were pending before the committee when the member’s term expired. (d) Disqualification. No member of a district paralegal committee shall perform any district paralegal committee function when that member: (1) is related by blood or marriage to the complainant or respondent; (2) has a financial, business, property, or personal interest in the matter under consideration or with the complainant or respondent; (3) has a personal interest that could be affected by the outcome of the proceedings or that could affect the outcome; or (4) is prejudiced or biased toward either the complainant or the respondent. Upon notice of the above prohibitions, the affected members should recuse themselves from further proceedings. The district paralegal committee chair shall have the power to disqualify any member from any proceeding in which any of the above prohibitions exists and is stated of record or in writing in the file by the chair. (e) Removal. Any member may be removed from service by the designated reviewer of that committee or by the board. (f) District Paralegal Committee Meetings. District paralegal committees should meet at regularly scheduled times, not less frequently than quarterly each year, and either the chair or vice-chair may call special meetings. RULE 20-8.2. DUTIES AND AUTHORITY It is the duty of the district paralegal committees to receive and evaluate complaints against Florida Registered Paralegals. The district paralegal committees shall have the authority to remove or revoke an individual’s registration as a Florida Registered Paralegal in accordance with the procedures set forth elsewhere in this chapter. A registration certificate issued pursuant to these rules may be suspended or revoked for any of the following reasons: (a) conviction of a felony or of a misdemeanor involving moral turpitude, dishonesty, or false statement; (b) fraud, dishonesty, or corruption that is related to the functions and duties of a Florida Registered Paralegal; (c) gross incompetence or unprofessional or unethical conduct; (d) willful, substantial, or repeated violation of any duty imposed by statute, rule, or order of court; (e) fraud or misrepresentation in obtaining or renewing registration status; (f) noncompliance with continuing education requirements; (g) nonpayment of renewal fees; or (h) violation of the Code of Ethics and Responsibility set forth elsewhere in these rules. RULE 20-8.3. COMPLAINT PROCESSING (a) Complaints. All complaints against a Florida Registered Paralegal may be initiated either by a sworn complaint asserting a violation of these rules or by The Florida Bar on its own motion. (b) Review by Bar Counsel. Bar counsel shall review the complaint and determine whether the alleged conduct, if proven, would constitute a violation of these rules. Bar counsel may conduct a preliminary, informal investigation to aid in this determination and, if necessary, may employ a Florida Bar staff investigator to aid in the preliminary investigation. If bar counsel determines that the facts, if proven, would not constitute a violation, bar counsel may decline to pursue the complaint. The complainant shall be notified of a decision not to pursue a complaint and shall be given the reasons therefor. (c) Closing by Bar Counsel and Committee Chair. Bar counsel may consult with the appropriate district paralegal committee chair to determine whether the alleged conduct of a complaint, if proven, would constitute a violation of these rules. If bar counsel and the district committee chair concur in a finding that the case should be closed, the complaint may be closed on such finding without referral to the district paralegal committee. (d) Referral to District Paralegal Committee. Bar counsel may refer a file to the appropriate district paralegal committee for further investigation or action as authorized elsewhere in these rules. (e) Notification of Violation. If a majority of the district paralegal committee finds probable cause to believe that a violation of these rules has occurred, bar counsel or the chair of the district paralegal committee will send written notice thereof to the Florida Registered Paralegal identifying the alleged violation. The notice shall be sent by certified U.S. mail directed to the last mailing address on file. (f) Response to Notice of Violation. Within 30 days from the receipt of the notification, the Florida Registered Paralegal shall file a written response. If the Florida Registered Paralegal does not respond, the violations identified in the finding of probable cause shall be deemed admitted. (g) Committee Review. After the filing of the written response to the finding of probable cause or following the expiration of the time within which to file a response if none is filed, the district paralegal committee shall review the complaint, the finding of probable cause, the response (if any), and any other pertinent materials, and decide whether to dismiss the proceeding or issue a proposed disposition. The committee shall promptly send written notice of its decision to the Florida Registered Paralegal by certified U.S. mail directed to the last mailing address on file. RULE 20-8.4. INVESTIGATION (a) Conduct of Proceedings. The proceedings of district paralegal committees when testimony is taken may be informal in nature and the committees shall not be bound by the rules of evidence. (b) Taking Testimony. Bar counsel, each district paralegal committee, and members thereof conducting investigations are empowered to take and have transcribed the testimony and evidence of witnesses. If the testimony is recorded stenographically or otherwise, the witness shall be sworn by any person authorized by law to administer oaths. (c) Rights and Responsibilities of Respondent. The respondent may be required to appear and to produce evidence as any other witness unless the respondent claims a privilege or right properly available to the respondent under applicable federal or state law. The respondent may be accompanied by counsel. (d) Rights of Complaining Witness. The complaining witness is not a party to the investigation. The complainant may be granted the right to be present at any district paralegal committee proceeding when the respondent is present before the committee to give testimony. The complaining witness shall have no right to appeal the finding of the district paralegal committee. RULE 20-8.5. SUBPOENAS Subpoenas for the attendance of witnesses and the production of documentary evidence before a district paralegal committee shall be issued as follows: (a) District Paralegal Committees. Subpoenas for the attendance of witnesses and the production of documentary evidence shall be issued by the chair or vice-chair of a district paralegal committee in pursuance of an investigation authorized by the committee. (b) Bar Counsel Investigations. Subpoenas for the attendance of witnesses and the production of documentary evidence before bar counsel when bar counsel is conducting an initial investigation shall be issued by the chair or vice-chair of a district paralegal committee to which the matter will be assigned. (c) Service. Subpoenas may be served by an investigator employed by The Florida Bar or in the manner provided by law for the service of process. RULE 20-8.6. DISPOSITION OF COMPLAINTS Upon concluding its investigation, the district paralegal committee shall determine which of the following action(s) should be taken: (a) close the matter on a finding of no violation; (b) require that a specified continuing education course be taken; (c) accept an affidavit from the Florida Registered Paralegal acknowledging that the conduct surrounding the complaint was a violation of these rules and that the Florida Registered Paralegal will refrain from conduct that would create a violation of these rules; (d) suspension of the Florida Registered Paralegal’s registration certificate for a period not to exceed 1 year; (e) revocation of registration certificate; or (f) denial of request for renewal. RULE 20-8.7. REVIEW OF DISTRICT PARALEGAL COMMITTEE ACTION (a) Review by the Designated Reviewer. Notice of district paralegal committee action recommending either revocation or denial of renewal shall be given to the designated reviewer for review. Upon review of the district paralegal committee action, the designated reviewer may affirm the action of the district paralegal committee, request the district paralegal committee to reconsider its action, or refer the district paralegal committee action to the disciplinary review committee of the board of governors for its review. The request for a district paralegal committee reconsideration or referral to the disciplinary review committee shall be in writing and must be made within 30 days of notice of the district paralegal committee action. If the designated reviewer fails to make the request for reconsideration or referral within the time prescribed, the district paralegal committee action shall become final. (b) Review by Disciplinary Review Committee. The disciplinary review committee shall review those district paralegal committee matters referred to it by a designated reviewer or the district paralegal committee and shall make a report to the board. The disciplinary review committee may confirm, reject, or amend the recommendation of the designated reviewer in whole or in part. The report of the disciplinary review committee shall be final unless overruled by the board. (c) Board Action on Recommendations of the Disciplinary Review Committee. On review of a report and recommendation of the disciplinary review committee, the board of governors may confirm, reject, or amend the recommendation in whole or in part. (d) Notice of Board Action. Bar counsel shall give notice of board action to the respondent, complainant, and district paralegal committee. (e) Filing Service on Board of Governors. All matters to be filed with or served upon the board shall be addressed to the board of governors and filed with the executive director. The executive director shall be the custodian of the official records of the Florida Registered Paralegal Program. RULE 20-8.8 FILES ( a) Files Are Property of Bar. All matters, including files, preliminary investigation reports, interoffice memoranda, records of investigations, and the records of other proceedings under these rules are property of The Florida Bar (b) Investigatory Record. The investigatory record shall consist of the record before a district paralegal committee and any reports, correspondence, papers, and recordings and transcripts of hearings and transcribed testimony furnished to, served on, or received from the respondent or the complainant or a witness before the district paralegal committee. The record before the district paralegal committee shall consist of all reports, correspondence, papers, and recordings furnished to or received from the respondent and the transcript of district paralegal committee meetings or transcribed testimony, if the proceedings were attended by a court reporter; provided, however, that the committee may retire into private session to debate the issues involved and to reach a decision as to the action to be taken. (c) Limitations on Disclosure. Any material provided to or promulgated by The Florida Bar that is confidential under applicable law shall remain confidential and shall not be disclosed except as authorized by the applicable law. If this type of material is made a part of the investigatory record, that portion of the investigatory record may be sealed by the district paralegal committee chair. (d) Disclosure of Information. Unless otherwise ordered by a court, nothing in these rules shall prohibit the complainant, respondent, or any witness from disclosing the existence of proceedings under these rules or from disclosing any documents or correspondence served on or provided to those persons. (e) Response to Inquiry. Representatives of The Florida Bar, authorized by the board, shall reply to inquiries regarding a pending or closed investigation. The Florida Bar may charge a reasonable fee for copying documents consistent with applicable law. (f) Production of Investigatory Records Pursuant to Subpoena. The Florida Bar, pursuant to a valid subpoena issued by a regulatory agency, may provide any documents that are a portion of the investigatory record even if otherwise deemed confidential under these rules. The Florida Bar may charge a reasonable fee for copying the documents consistent with applicable law. (g) Response to False or Misleading Statements. If public statements that are false and misleading are made about any investigation brought pursuant to this chapter, The Florida Bar may make any disclosure consistent with applicable law necessary to correct such false or misleading statements. (h) Providing Material to Other Agencies. Nothing contained herein shall prohibit The Florida Bar from providing material to any state or federal law enforcement or regulatory agency, United States Attorney, state attorney, the National Association of Legal Assistants or the National Federation of Paralegal Associations and equivalent organizations, the Florida Board of Bar Examiners and equivalent entities in other jurisdictions, paralegal grievance committees and equivalent entities in other jurisdictions, and unlicensed practice of law committees and equivalent entities in other jurisdictions. SUBCHAPTER 20-9. IMMUNITY RULE 20-9.1. GENERALLY The members of the district paralegal committees, the board, bar staff and counsel assisting the committees, shall have absolute immunity from civil liability for all acts in the course of their official duties. SUBCHAPTER 20.10 AMENDMENTS RULE 20-10.1. GENERALLY Rules governing the Florida Registered Paralegal Program may be amended in accordance with the procedures set forth elsewhere in these rules. Registered paralegal program rules Registered paralegal program rulescenter_img July 1, 2006 Regular Newslast_img read more