January 24, 2022

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Owner of Seafood Processor Sentenced to Prison for Tax Evasion

13 min read
<div>A Rhode Island man was sentenced to three years in prison today for tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, U.S. Attorney Aaron L. Weisman for the District of Rhode Island, and Special Agent in Charge Kristina O’Connell of IRS Criminal Investigation.</div>
A Rhode Island man was sentenced to three years in prison today for tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, U.S. Attorney Aaron L. Weisman for the District of Rhode Island, and Special Agent in Charge Kristina O’Connell of IRS Criminal Investigation.

More from: January 8, 2021

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    In U.S GAO News
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  • Lake Ontario-St. Lawrence River Plan: Improved Communication and Adaptive Management Strategy Could Help Address Stakeholder Concerns
    In U.S GAO News
    The International Joint Commission's (IJC) process for developing and selecting the Lake Ontario-St. Lawrence River Plan 2014 (Plan 2014) was generally consistent with relevant essential elements of risk-informed decision-making. During the 18-year process, IJC took steps to define objectives and performance measures to be used in its decision-making, identify various options, assess uncertainties like climate change, and engage with stakeholders, among other steps. These steps are all essential elements of risk-informed decision making. Plan 2014 Affects Various Users of Lake Ontario and the St. Lawrence River, Including (from Left to Right) Commercial Navigation, Coastal Development, and Recreational Boating, Including Marinas IJC uses two mechanisms—a communications committee and a strategic communication plan—and a variety of methods—such as its website, social media, and public meetings—to communicate with stakeholders about its implementation of Plan 2014. Nevertheless, 12 of the 14 stakeholders GAO interviewed expressed concerns about IJC's communication. GAO found that IJC's strategic communication plan and related documents partially align with best practices. For example, the communication plan and related documents do not comprehensively identify target audiences or include mechanisms to monitor and evaluate the effectivness of their communication efforts. Updating its strategic communication plan to align with best practices and principles for risk communication could help IJC ensure improved stakeholder communication. Of the 14 stakeholders interviewed, nine expressed concerns about the rules and criteria in Plan 2014 and 10 expressed concerns about its implementation. For example, seven stakeholders told us that they do not believe that the Plan allows IJC to act proactively in anticipation of future water conditions. IJC has taken initial steps to develop an adaptive management process that may help address stakeholder concerns and approved a long-term adaptive management strategy in March 2020. However, the document does not fully incorporate the key elements and essential characteristics of an adaptive management process that could help IJC transparently and effectively assess Plan 2014 and adjust future actions to achieve the plan's objectives. For example, the Plan does not fully incorporate a communication strategy for engaging stakeholders throughout the process or information on how IJC will determine if adjustments to the Plan's rules and criteria are warranted. Water releases from Lake Ontario into the St. Lawrence River are determined by a set of regulatory rules and criteria called Plan 2014—issued pursuant to IJC's Supplementary Order of Approval and the Boundary Waters Treaty of 1909. The IJC—a binational commission—developed and issued the Plan and Order with the concurrence of the United States and Canada. The rules affect a variety of users of the waterway, including ecosystems, hydropower, and municipal and industrial water use. After flooding from the lake and river in 2017, GAO was asked to examine the process IJC used to develop and evaluate Plan 2014 and how IJC has addressed stakeholder concerns. This report examines (1) the extent to which IJC's process to develop and select Plan 2014 was consistent with essential elements of risk-informed decision-making, (2) actions IJC has taken to communicate with stakeholders about its implementation of Plan 2014 and stakeholder concerns regarding IJC's communication, and (3) stakeholder concerns about Plan 2014 and the extent to which IJC has developed a process to assess and adjust Plan 2014. GAO reviewed Plan 2014 and other IJC documents, interviewed IJC and federal officials and a nongeneralizable sample of 14 stakeholders, selected for a variety of user interests and stakeholder types. GAO is making three recommendations, including that the U.S. Section of the IJC work with its Canadian counterpart to ensure that the communication plan aligns with best practices and the adaptive management strategy fully incorporates key elements. IJC agreed with our recommendations. For more information, contact J. Alfredo Gómez at (202) 512-3841 or gomezj@gao.gov.
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    In Crime News
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    In Crime News
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    In Crime News
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    In Crime News
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    In Crime News
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    In Crime News
    San Diego Christian College (SDCC), based in Santee, California, will pay $225,000 to resolve allegations under the False Claims Act for submitting false claims to the U.S. Department of Education in violation of the federal ban on incentive-based compensation, the Justice Department announced today.
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    In Crime News
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    In Crime News
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    In Crime News
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    In U.S GAO News
    What GAO Found Chapter 11 bankruptcy allows a company (debtor) to restructure its debt—so that it may continue to operate—and generally retain its executives. Section 503(c) of the Bankruptcy Code (Code) restricts retention bonuses for executives and, to a lesser extent, executive and non-executive incentive bonuses during bankruptcy. For instance, to pay an executive a retention bonus, the Code requires the debtor to meet three requirements, including that the executive has another job offer at the same or greater compensation. Also, debtors must obtain court approval to pay employee bonuses during bankruptcy—a process that gives creditors an opportunity to raise objections. However, the Code generally does not govern executive retention bonuses paid before a bankruptcy filing (pre-bankruptcy bonuses). Academics and attorneys GAO interviewed largely viewed Section 503(c) as less-than-effective because debtors can work around its restrictions on executive retention bonuses both before and during bankruptcy. For example, debtors can pay retention bonuses before filing (when there are generally no restrictions), or they can pay incentive bonuses during bankruptcy (that have fewer restrictions). Some stakeholders viewed Section 503(c) as overly restrictive, but others viewed it as helping to prevent abusive bonuses. Nearly all stakeholders GAO interviewed viewed pre-bankruptcy bonuses as problematic. For example, they said that these bonuses reduce the debtor estate's value for creditors but are awarded without notice to creditors or court approval. Based on court dockets for the approximately 7,300 companies that filed for Chapter 11 bankruptcy in fiscal year 2020, GAO found the following: Less than 1 percent (70) of debtors requested court approval to pay employee bonuses, and the courts approved nearly all the requests. Debtors awarded around $571 million to more than 16,600 executive and non-executive employees through court-approved bonuses. Creditors or U.S. Trustees (who administer and monitor Chapter 11 cases) raised objections in 50 percent of all bonus requests, including 68 percent of executive incentive bonus requests, which frequently led debtors to modify their plans (for example, by lowering bonus amounts). None of the debtors requested court approval for executive retention bonuses during bankruptcy; 42 debtors awarded pre-bankruptcy retention bonuses—totaling about $165 million—from 5 months to 2 days before filing. According to some attorneys GAO interviewed, Section 503(c) makes it nearly impossible to award executives retention bonuses during bankruptcy, so debtors use pre-bankruptcy bonuses as a workaround. As noted above, GAO found that none of the 7,300 Chapter 11 debtors that filed in fiscal year 2020 requested executive retention bonuses during bankruptcy but 42 awarded such bonuses shortly before filing. This practice may undermine Section 503(c)'s restrictions and decrease the ability of creditors, U.S. Trustees, and the courts to prevent bonuses that are inconsistent with the section's requirements. Why GAO Did This Study In response to potential abuses involving executive bonuses, Congress amended the Code in 2005 to restrict debtors in Chapter 11 from paying executives retention bonuses for staying through bankruptcy and, to a lesser extent, incentive bonuses to achieve performance targets. Recently, some large companies have paid their executives considerable bonuses during bankruptcy. House Report 116-455 included a provision for GAO to review Code provisions on bonuses and a selected number and amount of court-requested and approved bonuses in fiscal year 2020. This report reviews (1) Bankruptcy Code provisions on employee bonuses, (2) selected stakeholder views on such provisions, and (3) employee bonuses awarded by companies before or after filing for bankruptcy in fiscal year 2020. GAO reviewed the Code, academic literature, and legal analyses; interviewed 12 academics, attorneys, and an organization selected for their bankruptcy expertise; and analyzed bankruptcy filings and related data using Westlaw Edge and other sources.
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  • COVID-19 Contracting: Observations on Contractor Paid Leave Reimbursement Guidance and Use
    In U.S GAO News
    Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act generally authorizes agencies at their discretion to reimburse a contractor for the cost of paid leave incurred during the pandemic so that it can maintain its workforce in a ready state. Between March 2020—when the CARES Act was enacted—and early July 2020, the Office of Management and Budget (OMB) and each of the seven other agencies in GAO's review issued guidance to implement section 3610. While largely similar, GAO's work identified some differences across these guidance documents, including the extent to which the rates used to calculate these reimbursements could include profit or fees. OMB issued additional guidance on July 14, 2020, that addressed these differences and clarified how agencies should handle each situation. For example, OMB noted that profit or fees should generally not be reimbursed but provided options for addressing situations in which removing profit or fees would be burdensome. OMB advised agencies to report the amount reimbursed using section 3610 authority via contract modifications to the Federal Procurement Data System-Next Generation (FPDS-NG). After excluding reported obligations identified by agency officials as not associated with section 3610 authority, the reported data indicated that agencies made relatively little use of the authority through July 2020 (see figure). However, the Department of Energy (DOE) reimbursed contractors for almost $550 million in paid leave costs, stating it used existing obligations rather than adding funding via a contract modification. As a result, these amounts were not reported to FPDS-NG as section 3610 reimbursements. Obligations Using Section 3610 Authority Reported to the Federal Procurement Data System-Next Generation by Selected Agencies from January 31 to July 20, 2020 Agency officials and industry representatives GAO interviewed identified several factors that limited section 3610 obligations to date, including the absence of dedicated funding. With the exceptions of the Department of Defense (DOD) and DOE, agency officials GAO met with either did not expect a large amount or were uncertain about the level of future requests for section 3610 reimbursements. DOD officials stated that they expected requests amounting to billions of dollars. In March 2020, Congress passed the CARES Act, which provides over $2 trillion in emergency assistance and healthcare response for individuals, families, and businesses affected by COVID-19. The CARES Act also includes a provision for GAO to review federal contracting pursuant to authorities provided in the Act. This report addresses the implementation of section 3610 of the CARES Act, which authorizes federal agencies to reimburse contractors for paid leave related to the COVID-19 pandemic through September 30, 2020. This report describes (1) the extent to which section 3610 implementation guidance provided by selected federal agencies and OMB differs and (2) the extent to which selected federal agencies reported use of section 3610 authority through July 20, 2020. GAO reviewed relevant guidance issued by OMB and the seven federal agencies with contract obligations greater than $10 billion in fiscal year 2019; interviewed cognizant officials from OMB and each agency; and reviewed comments provided by and spoke with representatives from four industry associations. GAO also analyzed public procurement data reported by selected agencies to FPDS-NG through July 20, 2020 on the use of section 3610 authority. GAO will continue to assess how agencies are implementing section 3610 authority as part of a series of planned reports regarding the federal response to COVID-19. For more information, contact Timothy J. DiNapoli at (202) 512-4841 or dinapolit@gao.gov.
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