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☆ In shadow of Trump tweets, Supreme Court outlines when officials can be sued for social media use
▼ + stars: | 2024-03-15 | by ( Lawrence Hurley | ) www.cnbc.com time to read: +5 min

The court ruled unanimously that officials can be deemed "state actors" when making use of social media and can therefore face litigation if they block or mute a member of the public. The court held that conduct on social media can be viewed as a state action when the official in question "possessed actual authority to speak on the state's behalf" and "purported to exercise that authority." While the officials in both cases have low profiles, the ruling will apply to all public officials who use social media to engage with the public. The cases raised the question of whether public officials' posts and other social media activity constitute part of their governmental functions. The court is wrestling with a whole series of social media-related free speech issues in its current term, which runs until June.

Persons: WASHINGTON —, Donald Trump's, Amy Coney Barrett, —, Barrett, Trump, Elon Musk, Michelle O'Connor, Ratcliff, T.J, Zane, Christopher, Kimberly Garnier, O'Connor, Christopher Garnier, James Freed, Kevin Lindke, Freed Organizations: Twitter, Poway Unified School District, of, Circuit, Southern District of, Port, U.S Locations: Southern California, Michigan, California, San Francisco, Southern District, Southern District of California, Port Huron City

☆ A California man charged with smuggling greenhouse gases hints at the revival of a decades-long black market
▼ + stars: | 2024-03-09 | by ( Morgan Mcfall-Johnsen | Jenny Mcgrath | ) www.businessinsider.com time to read: +8 min

But there's also a blooming black market in greenhouse gases. HFCs are commonly used in refrigerators and air conditioners, but they're also potent greenhouse gases. There's been a thriving black market for climate-altering refrigerant chemicals since the 1990s, at times as lucrative as selling cocaine. KAMIL KRZACZYNSKI/AFP via Getty ImagesThe black market "comes with the territory" of regulation, Doniger said. At the height of the CFC black market, many cars still used those refrigerants for their air conditioners.

Persons: there's, hydrofluorocarbons, they're, Adrees Latif, Michael Hart, Tara McGrath, There's, Hart, Carlo Allegri, David Doniger, HFCs, Avipsa, Victor Molina, KAMIL KRZACZYNSKI, Mahapatra, Doniger Organizations: Service, Department of, Business, Facebook, Department of Justice, Reuters, Natural Resources Defense Council, NASA, Environmental Investigation Agency, Getty, EPA, Department of Homeland Security, Department of Defense, DOJ, US Attorney's, Southern, of, New York Times, CFC Locations: San Diego, Mexico, Port of Miami, Montreal, Elk Grove Village , Illinois, AFP, United States, of California, HFCs, Europe

☆ He’s Accused of Smuggling, but Not Drugs or Guns: It’s Greenhouse Gases
▼ + stars: | 2024-03-05 | by ( Hiroko Tabuchi | ) www.nytimes.com time to read: +1 min

On Monday, a California man became the first in the nation to be arrested and charged with smuggling the powerful gases into the United States, a felony offense, according to the United States Attorney’s Office for the Southern District of California. Mr. Hart then posted the refrigerants for sale on OfferUp, Facebook Marketplace and other sites, and sold them for a profit, federal agents say. Mr. Hart pleaded not guilty. He faces charges of conspiracy, importation contrary to law and sale of merchandise imported contrary to law. Attempts to reach lawyers for Mr. Hart were unsuccessful.

Persons: Michael Hart, Hart Organizations: Craigslist, United States Attorney’s Office, Southern, Southern District of, Facebook Locations: California, United States, United, Southern District, Southern District of California, San Diego, coolants, Mexico

☆ Man charged with smuggling greenhouse gases from Mexico into US in first-of-a-kind prosecution
▼ + stars: | 2024-03-05 | by ( Laura Paddison | ) edition.cnn.com time to read: +3 min

CNN —A California man was arrested and charged Monday with allegedly smuggling potent, planet-heating greenhouse gases from Mexico, marking the first such prosecution in the US, according to a statement from the US Attorney’s Office for the Southern District of California. He is then alleged to have sold them for a profit on sites including Facebook Marketplace and OfferUp. These greenhouse gases are short-lived in the atmosphere, but powerful — some are thousands of times more potent than carbon dioxide in the near-term. “The illegal smuggling of hydrofluorocarbons, a highly potent greenhouse gas, undermines international efforts to combat climate change,” said David M. Uhlmann, the assistant administrator for the EPA’s Office of Enforcement and Compliance Assurance. In 2016, nearly 200 nations including the US agreed to the Kigali Amendment to reduce planet-heating pollution from these greenhouse gases.

Persons: Michael Hart, Hart, Todd Kim, HFCs, ”, David M, Tara McGrath, ” Hart Organizations: CNN, US, Office, Southern, Southern District of, Facebook, Justice Department’s, Natural Resources, Environmental Protection Agency, EPA’s, UN Environment, AC, Department of Justice Locations: California, Mexico, Southern District, Southern District of California, San Diego, United States, Kigali

☆ Major landlords, RealPage sued in DC for alleged rent-fixing scheme
▼ + stars: | 2023-11-01 | by ( Laya Neelakandan | ) www.cnbc.com time to read: +3 min

The alleged collusion violates the District of Columbia's Antitrust Act, the office said. Washington, D.C., Attorney General Brian Schwalb's office said Tuesday that it's suing RealPage, a property management software company, and 14 of the district's largest landlords for allegedly colluding to raise rents. In a statement to CNBC, a company spokesperson for William C. Smith & Co. said the company does not comment on pending litigation. The software uses proprietary, nonpublic data and statistical models to estimate supply and demand and generate a price to maximize the landlord's revenue. RealPage has previously been sued by renters in the Southern District of California and Tennessee over the past year.

Persons: Igor Golovniov, Brian Schwalb's, it's, RealPage, William C, Smith, didn't, Schwalb, Jennifer Bowcock, Berkshire Hathaway Organizations: Inc, Getty, Columbia's, Washington , D.C, CNBC, Southern District of, D.C, National Association of Realtors, CNBC PRO Locations: Washington ,, Southern District, Southern District of California, Tennessee, Seattle , Texas, Boston, Missouri, Berkshire

U.S. District Judge Roger Benitez in San Diego said California's "sweeping ban" went too far by preventing people from using magazines for lawful purposes, including self-defense. The judge had struck down the magazines ban in March 2019, but the 9th Circuit overturned him in Nov. 2021. The Supreme Court vacated the appeals court ruling and ordered new proceedings consistent with the Bruen decision. Chuck Michel, president of the California Rifle & Pistol Association, in a statement, said Friday's decision reflects the "sea change in the way courts must look at these absurdly restrictive laws." The case is Duncan et al v. Bonta, U.S. District Court, Southern District of California, No.

Persons: Roger Benitez, California's, Benitez, Rob Bonta, Bonta, Chuck Michel, Gavin Newsom, Duncan, Jonathan Stempel, David Gregorio Our Organizations: Long Beach Police Department, U.S, District, Supreme, , New York, Circuit, California, Association, Court, Southern District of, Thomson Locations: Long Beach, Long Beach , California, U.S, California, San Diego, ,, San Francisco, Southern District, Southern District of California, New York

☆ US Judge Strikes Down California Ban on High-Capacity Gun Magazines
▼ + stars: | 2023-09-22 | by ( Sept. | At P.M. | ) www.usnews.com time to read: +2 min

U.S. District Judge Roger Benitez in San Diego said California's "sweeping ban" went too far by preventing people from using magazines for lawful purposes, including self-defense. "The Supreme Court was clear that Bruen did not create a regulatory straitjacket for states--and we believe that the district court got this wrong," Bonta said. The judge had struck down the magazines ban in March 2019, but the 9th Circuit overturned him in Nov. 2021. The Supreme Court vacated the appeals court ruling and ordered new proceedings consistent with the Bruen decision. The case is Duncan et al v. Bonta, U.S. District Court, Southern District of California, No.

Persons: Jonathan Stempel, Roger Benitez, California's, Benitez, Rob Bonta, Bonta, Chuck Michel, Gavin Newsom, Duncan, David Gregorio Organizations: U.S, District, Supreme, , New York, Circuit, California, Association, Court, Southern District of Locations: California, San Diego, ,, San Francisco, U.S, Southern District, Southern District of California, New York

The case is the latest example of the Federal Trade Commission cracking down on deceptive e-commerce consultancies that target consumers and fledgling online businesses. The Cresto brothers also took 35% of any profits from their "partners'" e-commerce stores, the complaint says. The suspensions left Empire's clients deeply in debt, the FTC alleged, "because Empire typically had its clients pay for inventory on credit cards." The scheme is ongoing and defrauding consumers of tens of thousands of dollars, according to the FTC. Amazon and Walmart did not immediately respond to CNBC's requests for comment.

Persons: John, Roman Cresto, Ecommerce Organizations: Amazon, Walmart, Federal Trade Commission, FTC, Southern, Southern District of Locations: U.S, Southern District, Southern District of California, Italy

☆ Two US Navy sailors arrested for allegedly sharing sensitive military information with China
▼ + stars: | 2023-08-03 | by ( Natasha Bertrand | ) edition.cnn.com time to read: +5 min

CNN —Two US Navy sailors have been indicted and arrested for allegedly sending sensitive US military information to Chinese intelligence officers. The other sailor who has been arrested, Petty Officer Wenheng Zhao, worked at Naval Base Ventura County in Port Hueneme in California. In return, Wei allegedly received thousands of dollars. The indictment indicates that Wei received US citizenship during this period, with the Chinese intelligence officer allegedly congratulating Wei on receiving citizenship on May 18, 2022. Much of the information Wei allegedly sent to the Chinese officer was stored on restricted-access Navy computer systems that Wei was able to access because he had a security clearance.

Persons: Jinchao Wei, Wenheng Zhao, Wei, Zhao, “, ” Matt Olson, Zhao “, ” Martin Estrada, ”, Jack Teixeira, Randy Grossman, Brig, Patrick Ryder, ” Ryder Organizations: CNN, US Navy, Naval Base San, Southern, Southern District of, Navy, Naval Base, People’s, Prosecutors, Central, Central District of, Massachusetts Air National Guard, US Locations: Naval Base San Diego, Southern District, Southern District of California, Pacific, Naval Base Ventura County, Port Hueneme, California, People’s Republic, Essex, Okinawa, Japan, Central District, Central District of California, China, United States

☆ Supreme Court takes up legal spat over public officials blocking people on social media
▼ + stars: | 2023-04-24 | by ( Lawrence Hurley | ) www.cnbc.com time to read: +4 min

WASHINGTON, DC - APRIL 19: The Supreme Court of the United States, on Wednesday, April 19, 2023 in Washington, DC. But the legal dispute is the same: Can blocking someone on social media give rise to a free speech violation under the Constitution's First Amendment? It's a recurring question that has arisen at all levels of government as elected officials increasingly use social media to interact with voters. The appeals court concluded that the elected officials were acting in their official capacities and that social media accounts are akin to a public forum. The court also rejected the officials' argument that their social media pages were not official channels for members of the public to communicate with the government.

April 5 (Reuters) - Chipotle Mexican Grill Inc sued fast-casual dining rival Sweetgreen Inc in California federal court Tuesday, claiming the salad chain's new "Chipotle Chicken Burrito Bowl" violates its trademark rights. Chipotle's lawsuit said Sweetgreen's "very similar and directly competitive" bowl is an attempt to capitalize on the Chipotle brand and likely to confuse consumers. Chipotle said it suggested changing the name to something that uses "chipotle in lower-case, in a textual sentence, to accurately describe ingredients of its menu item," like a "chicken bowl with chipotle." Chipotle asked the court for an order blocking Sweetgreen from using the "Chipotle" name and an unspecified amount of money damages. The case is Chipotle Mexican Grill Inc v. Sweetgreen Inc, U.S. District Court for the Southern District of California, No.

Companies Qualcomm Inc FollowMarch 21 (Reuters) - A federal judge has ruled that shareholders suing chip maker Qualcomm Inc (QCOM.O) for allegedly hiding anticompetitive sales and licensing practices may bring their claims as a class action. U.S. District Judge Jinsook Ohta on Monday rejected Qualcomm's argument that the sales practices were already publicly known. The class covers investors who bought Qualcomm common stock between Feb. 1, 2012 and Jan. 20, 2017 and incurred losses. Qualcomm paid the Korea Fair Trade Commission 1.03 trillion won ($912.34 million) in 2017 for what the regulator called unfair business practices in licensing and chip sales. The case is Shah v. Qualcomm Incorporated et al., U.S. District Court, Southern District of California, No.

President Joe Biden will announce six new judicial nominees in his final batch of selections in 2022, a White House official told NBC News, as it looks to two more years of reshaping the federal courts under an expanded Democratic Senate majority. The nominees are for federal district courts — one in Indiana, two in New Jersey and three in California. The White House said they’ll be among the first nominees sent to the Senate early in the new year, when another session begins. Democrats gained a seat in the 2022 election and may have an easier time processing judges in 2023 and 2024. The new round will bring Biden’s total announced judicial nominees to 150, the White House said.

☆ Trump's tax returns case lost in the Supreme Court. Now what?
▼ + stars: | 2022-11-26 | by ( Carol C. Lam | Carol C. Lam Was A U.S. Attorney For The Southern District Of California | A Federal Prosecutor For Years. She Also Was A Superior Court Judge In San Diego County. She Is A Legal Analyst For Msnbc. | ) www.nbcnews.com time to read: +7 min

Letitia James, the New York attorney general, also has years of tax returns, and has brought a civil case based largely on them. First, the updated House request to the Treasury Department in 2021 calls for more recent tax returns, this time for tax years 2015-2020. Tax returns in the hands of a congressional committee are not the same as tax returns in the hands of a prosecutor. Government prosecutors can obtain, but not disclose, the contents of tax returns — unless, that is, it becomes necessary to introduce relevant portions of the returns into evidence. After evidence came to light that President Richard Nixon had used taxpayer information to target political opponents, legislation was enacted in 1976 that severely restricted a president’s ability to disclose taxpayer information.

☆ Leidos Discloses Subpoenas Amid Antitrust, Bribery Probes
▼ + stars: | 2022-11-01 | by ( Dylan Tokar | ) www.wsj.com time to read: +2 min

Leidos Holdings Inc., an information-technology and engineering services firm, received dual subpoenas in recent months in connection with criminal investigations into potential foreign bribery and antitrust violations. The Reston, Va.-based company was served with a grand jury subpoena in August related to an investigation by the Justice Department’s antitrust division, Leidos said Tuesday. The probe is the second ongoing criminal investigation disclosed by Leidos this year. The FCPA probe was first disclosed by the company in a securities filing earlier this year. At the time, Leidos said it was conducting an internal investigation into activities within its international operations that it discovered in late 2021.

☆ Fake billionaire fugitive Justin Costello had gold bars, $60K in cash, Mexican pesos and phony ID when FBI nabbed him
▼ + stars: | 2022-10-11 | by ( Dan Mangan | ) www.cnbc.com time to read: +4 min

An FBI SWAT team caught the fugitive, Justin Costello, in a remote area near San Diego on Oct. 4. He was carrying a backpack loaded with six one-ounce gold bars worth $12,000, U.S. currency worth $60,000, another $10,000 in Mexican pesos and banking cards and checkbooks, prosecutors said in a court filing. Cash and gold bars as detailed in court filing in US District court in San Diego in case of former fugitive Justin Costello. Instead, he "became a fugitive," prosecutors wrote. When agents arrested him, Costello "stated he was surprised agents had found him because he turned his phone off."

☆ There are hundreds of millions in discrepancies, says fmr. U.S. Attorney
▼ + stars: | 2022-09-21 | by ( ) www.cnbc.com time to read: 1 min

Share Share Article via Facebook Share Article via Twitter Share Article via LinkedIn Share Article via EmailThere are hundreds of millions in discrepancies, says fmr. U.S. AttorneyCarol Lam, former U.S. Attorney for the Southern District of California, joins Shep Smith to discuss the lawsuit filed against Donald Trump, his company and three oldest children, Don Jr. Ivanka and Eric.

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