A copy of the lawsuit filed by the city of Pikeville against cable provider Suddenlink, alleging the company is in default on penalties owed due to violations of its franchise agreement with the city.
The newsletter discusses recent developments in construction adjudication and prompt payment laws in various jurisdictions.
In the UK, the Supreme Court ruled that an insolvent party can refer disputes to adjudication. Additionally, a case clarified when a delay report constitutes a new claim vs supplemental evidence.
In Canada, several provinces have introduced or are considering introducing prompt payment and adjudication legislation similar to Ontario's regime. The federal government has also passed prompt payment legislation.
New Zealand case law confirmed adjudicators can award statutory damages and consider matters already determined in prior adjudications to prevent repeated claims on the same issues.
This newsletter discusses the impact of COVID-19 lockdowns on the construction industry and conferences. It also summarizes recent cases supporting the use of adjudication when a party is in liquidation. Additionally, it examines the complex issue of recovering party costs in adjudication proceedings, with the current prohibition on such awards potentially limiting access to adjudication for those who need it most. The newsletter argues that allowing recovery of party costs as interest in some late payment cases could help balance competing statutory requirements while extending key rights to the construction industry.
A report from the Writer's Guild of America on how media mergers has not benefitted writers or consumers and criticizes the government for failing to enforce anti-trust rules.
UK Adjudicators are an adjudicator nominating body who nominate sole adjudicators and dispute board members in the United Kingdom and internationally. The nomination service is a free service to the parties.
The June newsletter features adjudication cases from the UK, NSW, Singapore and updates from Canada and NSW on adjudication legislation.
February 2019 newsletter of UK Adjudicators.
MACOB 20 years on
NSW adjudication
Hong Kong adjudication
2019 Edinburgh Adjudication and Arbitration Conference
Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2019] EWCA Civ 27 (24 January 2019)
MWWPR Group Sued - Lawsuit Against MWW PR Vs. Byte Dept. Inc.EverythingPR
Byte dept inc vs mww
Research reveals another lawsuit was filed against MWWPR – this one in the Supreme Court of the State of New York, for $120,000 plus legal damages.
This lawsuit against MWW PR Group also comes as a result of unpaid bills relating to work for Samsung, and comes on the heels of a lawsuit by Scholastic also surrounding work for Samsung.
The document summarizes the key changes made by the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2020 in Queensland, Australia:
1. It replaces the existing project bank account framework for Queensland government construction projects with a simplified statutory trust regime for payments to subcontractors and retention monies.
2. It increases the Queensland Building and Construction Commission's enforcement powers to monitor compliance with the new project trust requirements and introduces penalties for non-compliance.
3. For all construction contracts in Queensland, it establishes new offenses for principals and contractors who fail to pay certified or adjudicated amounts by the due date, with penalties of up to $13,345 for individuals and $66
The newsletter discusses recent developments in construction adjudication and prompt payment laws in various jurisdictions.
In the UK, the Supreme Court ruled that an insolvent party can refer disputes to adjudication. Additionally, a case clarified when a delay report constitutes a new claim vs supplemental evidence.
In Canada, several provinces have introduced or are considering introducing prompt payment and adjudication legislation similar to Ontario's regime. The federal government has also passed prompt payment legislation.
New Zealand case law confirmed adjudicators can award statutory damages and consider matters already determined in prior adjudications to prevent repeated claims on the same issues.
This newsletter discusses the impact of COVID-19 lockdowns on the construction industry and conferences. It also summarizes recent cases supporting the use of adjudication when a party is in liquidation. Additionally, it examines the complex issue of recovering party costs in adjudication proceedings, with the current prohibition on such awards potentially limiting access to adjudication for those who need it most. The newsletter argues that allowing recovery of party costs as interest in some late payment cases could help balance competing statutory requirements while extending key rights to the construction industry.
A report from the Writer's Guild of America on how media mergers has not benefitted writers or consumers and criticizes the government for failing to enforce anti-trust rules.
UK Adjudicators are an adjudicator nominating body who nominate sole adjudicators and dispute board members in the United Kingdom and internationally. The nomination service is a free service to the parties.
The June newsletter features adjudication cases from the UK, NSW, Singapore and updates from Canada and NSW on adjudication legislation.
February 2019 newsletter of UK Adjudicators.
MACOB 20 years on
NSW adjudication
Hong Kong adjudication
2019 Edinburgh Adjudication and Arbitration Conference
Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2019] EWCA Civ 27 (24 January 2019)
MWWPR Group Sued - Lawsuit Against MWW PR Vs. Byte Dept. Inc.EverythingPR
Byte dept inc vs mww
Research reveals another lawsuit was filed against MWWPR – this one in the Supreme Court of the State of New York, for $120,000 plus legal damages.
This lawsuit against MWW PR Group also comes as a result of unpaid bills relating to work for Samsung, and comes on the heels of a lawsuit by Scholastic also surrounding work for Samsung.
The document summarizes the key changes made by the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2020 in Queensland, Australia:
1. It replaces the existing project bank account framework for Queensland government construction projects with a simplified statutory trust regime for payments to subcontractors and retention monies.
2. It increases the Queensland Building and Construction Commission's enforcement powers to monitor compliance with the new project trust requirements and introduces penalties for non-compliance.
3. For all construction contracts in Queensland, it establishes new offenses for principals and contractors who fail to pay certified or adjudicated amounts by the due date, with penalties of up to $13,345 for individuals and $66
20221007 3pm McGuinness 3Waters Oral Powerpoint FINAL -plus 5.pdfMcGuinness Institute
The document provides an oral submission on the Water Services Entities Bill from Wendy McGuinness, CEO of the McGuinness Institute. It identifies several errors and inconsistencies in the bill and explanatory note. It recommends strategic and operational improvements to governance, including establishing a Minister of Water, a single water services entity modelled after Scottish Water, and aligning the entities with climate change policy and reporting requirements. It emphasizes concepts like public accountability, foresight in planning for climate shocks, and the need for flexible policy given increasing climate impacts on water systems. Questions are posed for discussion.
Records Retention And Destruction PoliciesRichard Austin
This presentation reviews the legal reasons for companies to establish a records retention and destruction policy and identifies the major steps in establishing a policy. It also presents a high level overview of the new Ontario e-Discovery rules.
This document is a complaint filed by Swift Transportation Co. of Arizona, LLC against dHybrid, Inc. in Maricopa County Superior Court. It alleges that dHybrid breached a Fuel Technology Purchase Agreement and promissory note. Specifically, it claims that dHybrid failed to install 10 fuel systems for testing as required, the systems did not perform as represented, and dHybrid misused a $2 million advance payment. It further alleges that dHybrid failed to repay a $322,000 loan as required by the promissory note. Swift is seeking damages and declaratory relief for breach of contract and breach of the implied covenant of good faith and fair dealing.
This document is a complaint filed by Swift Transportation Co. of Arizona, LLC against dHybrid, Inc. in Maricopa County Superior Court. It alleges that dHybrid breached a Fuel Technology Purchase Agreement and promissory note. Specifically, it claims that dHybrid failed to install 10 fuel systems for testing as required, the systems did not perform as represented, and dHybrid misused funds provided by Swift. Swift is seeking damages and declaratory relief for breach of contract and breach of the implied covenant of good faith and fair dealing.
The document discusses two recent UK legal cases related to construction adjudication and expert witnesses. In the first case, the TCC refused to grant an injunction to stop an adjudication from proceeding due to challenges presented by the coronavirus pandemic. In the second case, the TCC ruled that an expert witness firm owed a fiduciary duty of loyalty to a client, preventing it from taking expert roles adverse to that client on related matters. This second ruling could significantly impact expert witness firms by restricting their ability to take new expert assignments.
Implementation of Project Bank Accounts across Highways EnglandLloyd Biddell
Highways England introduced Project Bank Accounts (PBAs) to improve payment practices in the construction supply chain. PBAs are ring-fenced bank accounts for each project that ensure timely payments down to tier 3 suppliers. Highways England chose to use a single authority PBA model where the lead contractor manages payments to suppliers. The goals were to increase security, certainty and speed of payments compared to previous practices where lower tiers often faced delays of 100 days to be paid. Highways England implemented PBAs on its projects to achieve these benefits and support its supply chain.
Equitas Bio/Pharma Solutions filed a complaint against Predictive Technology Group in the United States District Court for the Southern District of New York. The complaint alleges breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud. Equitas and Predictive entered into a Master Services Agreement and several Project Work Orders whereby Equitas would provide consulting services to Predictive. However, Predictive failed to make several required payments to Equitas totaling over $300,000 and failed to cure after notice, constituting a breach of contract.
WorldCom started as a small long distance provider in 1983 and grew rapidly through acquisitions to become the second largest telecom company by 1998. However, falling revenues due to the dot-com bust and merger failures led to huge pressure to meet Wall Street expectations. WorldCom's leaders, including CEO Ebbers, resorted to fraudulent accounting by misclassifying operating expenses as capital expenditures, hiding $3.8 billion in losses. An internal audit uncovered the fraud in 2002, leading to WorldCom filing for bankruptcy, destroying $180 billion in shareholder value and costing 57,000 employees their jobs. Ebbers and other executives faced legal consequences for their role in the massive accounting scandal.
Professional liability insurance for engineersGerald Brunker
The document summarizes information about a bridge collapse in Minneapolis in 2007 and the resulting litigation. It discusses that the bridge collapsed due to a design flaw, killing 13 people and injuring 145. This led to numerous lawsuits against parties involved in the design and construction of the bridge. Settlements totaling over $95 million were reached with victims and governmental entities. The document also provides information on professional liability insurance and statutes that affect liability for design professionals.
The document summarizes concerns about errors and inconsistencies in the Water Services Entities Bill and explanatory note. It provides strategic recommendations to improve the bill's governance, including establishing a Minister of Water, creating a single water services entity instead of four regional ones, and transferring water service assets to either a new type of local authority or a Crown entity similar to the Scottish model. The recommendations also address pricing of water usage, broadening the purpose of regulation, including access and risk management in law, and improving accountability through public registers and extending oversight bodies' jurisdiction to water services entities.
UK Adjudicators September 2019 newsletter discussing construction adjudication around the world with a look at the UK, Singapore and Australia in this edition.
This document provides 30 multiple choice questions and answers related to a law 421 final exam. It covers topics like mediation, arbitration, jurisprudence, commerce clause, tort law, contracts, UCC, moral philosophy, fraud, and Sarbanes-Oxley Act. It is intended to help students study for and prepare to take their law 421 final exam.
The newsletter provides information on upcoming construction law events and recent court judgements. It summarizes that the usual UK Adjudicators spring conference will not take place and encourages attendees to attend the Dispute Resolution Board Foundation's international conference in London in May. It also summarizes two panel topics at the DRBF conference on dispute boards and writing effective decisions. Recent Technology and Construction Court judgments from January to March 2022 are listed. Forthcoming events in construction law from April to June 2022 are also advertised.
The document summarizes the rise and fall of telecommunications company WorldCom. It traces WorldCom's history from its founding in 1983 as a small long distance provider to becoming the second largest telecom company by 1998 after acquiring over 30 other companies. However, to meet Wall Street expectations and cover losses, WorldCom fraudulently reported billions in line costs as capital expenditures between 2000-2002. When the SEC investigated suspicious financial reports, WorldCom admitted to the $3.8 billion accounting fraud, causing its stock price to plummet and filing for Chapter 11 bankruptcy.
The document summarizes recent developments in the telecommunications industry from the July 2012 FCC open meeting and other sources. Key topics discussed include:
1) New mapping tools and broadband technologies presented at the FCC meeting.
2) Items tentatively scheduled for the August FCC meeting regarding cable rules and wireless backhaul.
3) Requirements for television stations to post public files online beginning in August 2012.
3) Interoperability standards transmitted from the FCC to FirstNet for the nationwide public safety broadband network.
QUESTIONSALC fraud1. Describe in simple language and in detail.docxmakdul
QUESTIONS
ALC fraud
1. Describe in simple language and in detail, the purpose of the fraud. (e.g. why did they do it?)
2. What is the auditor’s responsibility with respect to debt covenants when opining on financial statements? What are the financial covenants with Ventas as you understand them from the case? What is the purpose of financial covenants from a lessor’s perspective?
3. What was the impact on the financial statements from the fraud? i.e. what would the statements have looked like if management did not commit fraud and reported truthfully? What would have been the implications to ALC?
4. What evidence was provided to GT from ALC management to support their practice for the 2009 audit? Was this sufficient? – “No”. What evidence was included in the GT workpapers? What evidence could have been sufficient for the auditor’s to conclude that management’s practice was acceptable and authorized by Ventas?
5. From your reading of the SEC documents, please provide examples of failures on the part of the lead engagement partner with respect to his/her audit of ALC? One way to approach this question is to provide a comparison of what she did do, vs. what she should have done. Be as specific as possible.
6. In the not-too-distant future, you will be “junior auditors” as identified in this case study. What could/should the junior auditors have done differently in the 2009 and 2010 audits performed by GT?
7. Using examples from this case, why is it important for an auditor to understand a client’s business operations? Were other signs of fraud present?
8. What did this fraud cost ALC and GT? Think big picture in this response.
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
Release No. 76537 / December 2, 2015
ACCOUNTING AND AUDITING ENFORCEMENT
Release No. 3719 / December 2, 2015
ADMINISTRATIVE PROCEEDING
File No. 3-16977
In the Matter of
Melissa K. Koeppel, CPA, and
Jeffrey J. Robinson, CPA,
Respondents.
ORDER INSTITUTING PUBLIC
ADMINISTRATIVE AND CEASE-AND-
DESIST PROCEEDINGS PURSUANT TO
SECTIONS 4C AND 21C OF THE
SECURITIES EXCHANGE ACT OF 1934,
AND RULE 102(e) OF THE
COMMISSION’S RULES OF PRACTICE,
MAKING FINDINGS, AND IMPOSING
REMEDIAL SANCTIONS AND A CEASE-
AND-DESIST ORDER
I.
The Securities and Exchange Commission (“Commission”) deems it appropriate that public
administrative and cease-and-desist proceedings be, and hereby are, instituted pursuant to
Sections 4C
1
and 21C of the Securities Exchange Act of 1934 (“Exchange Act”) and Rule
102(e)(1)(ii) of the Commission’s Rules of Practice
2
against Melissa K. Koeppel, CPA
(“Koeppel”) and Jeffrey J. Robinson, CPA (“Robinson”) (collectively, “Respondents”).
1
Section 4C provides, in relevant part, that:
The Commission may censure any person, or deny, temporarily or permanently,
to any person the pr ...
This complaint alleges that Granite Construction and its former executive Dale Swanberg engaged in accounting fraud from 2017-2019. It claims that Swanberg, as head of Granite's Heavy Civil Group, manipulated project cost forecasts and profit margins to conceal the group's deteriorating performance and overstated Granite's revenues and profit margins. This caused Granite to materially misstate its financial results in various SEC filings. The SEC is seeking to permanently enjoin Granite from further securities law violations and impose civil monetary penalties.
This document summarizes a recent Quebec court case regarding the restructuring of an insolvent construction company under Canadian insolvency law. The court approved an arrangement allowing for a partial release of claims against the company's surety. This was permitted because the surety's continued participation in providing required bonds was critical to the viability of the company's restructuring plan. While some case law suggests third party releases may not be allowed under insolvency law, the court found the circumstances here distinguishable and the arrangement fair and reasonable given the surety's central role in the plan.
The City of Cleveland has implemented various policies and programs to increase opportunities for small, minority, women, and local businesses in city contracting. This includes a certified small business program, bid discounts for local and sustainable businesses, and requirements for resident employment. A 2007 disparity study found imbalances favoring non-minority businesses in vertical construction that the city is addressing. The Office of Equal Opportunity oversees compliance and works to expand participation through outreach, training, and tighter enforcement of reporting requirements.
The document discusses the results of a study on the impact of COVID-19 lockdowns on air pollution. Researchers found that lockdowns led to significant short-term reductions in nitrogen dioxide and fine particulate matter pollution globally as transportation and industrial activities declined substantially. However, the document notes that the improvements in air quality were temporary and pollution levels rose back to pre-pandemic levels as restrictions eased and activity increased again.
Martin County is one of a dozen Kentucky counties suing some of the world's largest social media networks for actions they say have contributed to a mental health crisis among America's youth.
20221007 3pm McGuinness 3Waters Oral Powerpoint FINAL -plus 5.pdfMcGuinness Institute
The document provides an oral submission on the Water Services Entities Bill from Wendy McGuinness, CEO of the McGuinness Institute. It identifies several errors and inconsistencies in the bill and explanatory note. It recommends strategic and operational improvements to governance, including establishing a Minister of Water, a single water services entity modelled after Scottish Water, and aligning the entities with climate change policy and reporting requirements. It emphasizes concepts like public accountability, foresight in planning for climate shocks, and the need for flexible policy given increasing climate impacts on water systems. Questions are posed for discussion.
Records Retention And Destruction PoliciesRichard Austin
This presentation reviews the legal reasons for companies to establish a records retention and destruction policy and identifies the major steps in establishing a policy. It also presents a high level overview of the new Ontario e-Discovery rules.
This document is a complaint filed by Swift Transportation Co. of Arizona, LLC against dHybrid, Inc. in Maricopa County Superior Court. It alleges that dHybrid breached a Fuel Technology Purchase Agreement and promissory note. Specifically, it claims that dHybrid failed to install 10 fuel systems for testing as required, the systems did not perform as represented, and dHybrid misused a $2 million advance payment. It further alleges that dHybrid failed to repay a $322,000 loan as required by the promissory note. Swift is seeking damages and declaratory relief for breach of contract and breach of the implied covenant of good faith and fair dealing.
This document is a complaint filed by Swift Transportation Co. of Arizona, LLC against dHybrid, Inc. in Maricopa County Superior Court. It alleges that dHybrid breached a Fuel Technology Purchase Agreement and promissory note. Specifically, it claims that dHybrid failed to install 10 fuel systems for testing as required, the systems did not perform as represented, and dHybrid misused funds provided by Swift. Swift is seeking damages and declaratory relief for breach of contract and breach of the implied covenant of good faith and fair dealing.
The document discusses two recent UK legal cases related to construction adjudication and expert witnesses. In the first case, the TCC refused to grant an injunction to stop an adjudication from proceeding due to challenges presented by the coronavirus pandemic. In the second case, the TCC ruled that an expert witness firm owed a fiduciary duty of loyalty to a client, preventing it from taking expert roles adverse to that client on related matters. This second ruling could significantly impact expert witness firms by restricting their ability to take new expert assignments.
Implementation of Project Bank Accounts across Highways EnglandLloyd Biddell
Highways England introduced Project Bank Accounts (PBAs) to improve payment practices in the construction supply chain. PBAs are ring-fenced bank accounts for each project that ensure timely payments down to tier 3 suppliers. Highways England chose to use a single authority PBA model where the lead contractor manages payments to suppliers. The goals were to increase security, certainty and speed of payments compared to previous practices where lower tiers often faced delays of 100 days to be paid. Highways England implemented PBAs on its projects to achieve these benefits and support its supply chain.
Equitas Bio/Pharma Solutions filed a complaint against Predictive Technology Group in the United States District Court for the Southern District of New York. The complaint alleges breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud. Equitas and Predictive entered into a Master Services Agreement and several Project Work Orders whereby Equitas would provide consulting services to Predictive. However, Predictive failed to make several required payments to Equitas totaling over $300,000 and failed to cure after notice, constituting a breach of contract.
WorldCom started as a small long distance provider in 1983 and grew rapidly through acquisitions to become the second largest telecom company by 1998. However, falling revenues due to the dot-com bust and merger failures led to huge pressure to meet Wall Street expectations. WorldCom's leaders, including CEO Ebbers, resorted to fraudulent accounting by misclassifying operating expenses as capital expenditures, hiding $3.8 billion in losses. An internal audit uncovered the fraud in 2002, leading to WorldCom filing for bankruptcy, destroying $180 billion in shareholder value and costing 57,000 employees their jobs. Ebbers and other executives faced legal consequences for their role in the massive accounting scandal.
Professional liability insurance for engineersGerald Brunker
The document summarizes information about a bridge collapse in Minneapolis in 2007 and the resulting litigation. It discusses that the bridge collapsed due to a design flaw, killing 13 people and injuring 145. This led to numerous lawsuits against parties involved in the design and construction of the bridge. Settlements totaling over $95 million were reached with victims and governmental entities. The document also provides information on professional liability insurance and statutes that affect liability for design professionals.
The document summarizes concerns about errors and inconsistencies in the Water Services Entities Bill and explanatory note. It provides strategic recommendations to improve the bill's governance, including establishing a Minister of Water, creating a single water services entity instead of four regional ones, and transferring water service assets to either a new type of local authority or a Crown entity similar to the Scottish model. The recommendations also address pricing of water usage, broadening the purpose of regulation, including access and risk management in law, and improving accountability through public registers and extending oversight bodies' jurisdiction to water services entities.
UK Adjudicators September 2019 newsletter discussing construction adjudication around the world with a look at the UK, Singapore and Australia in this edition.
This document provides 30 multiple choice questions and answers related to a law 421 final exam. It covers topics like mediation, arbitration, jurisprudence, commerce clause, tort law, contracts, UCC, moral philosophy, fraud, and Sarbanes-Oxley Act. It is intended to help students study for and prepare to take their law 421 final exam.
The newsletter provides information on upcoming construction law events and recent court judgements. It summarizes that the usual UK Adjudicators spring conference will not take place and encourages attendees to attend the Dispute Resolution Board Foundation's international conference in London in May. It also summarizes two panel topics at the DRBF conference on dispute boards and writing effective decisions. Recent Technology and Construction Court judgments from January to March 2022 are listed. Forthcoming events in construction law from April to June 2022 are also advertised.
The document summarizes the rise and fall of telecommunications company WorldCom. It traces WorldCom's history from its founding in 1983 as a small long distance provider to becoming the second largest telecom company by 1998 after acquiring over 30 other companies. However, to meet Wall Street expectations and cover losses, WorldCom fraudulently reported billions in line costs as capital expenditures between 2000-2002. When the SEC investigated suspicious financial reports, WorldCom admitted to the $3.8 billion accounting fraud, causing its stock price to plummet and filing for Chapter 11 bankruptcy.
The document summarizes recent developments in the telecommunications industry from the July 2012 FCC open meeting and other sources. Key topics discussed include:
1) New mapping tools and broadband technologies presented at the FCC meeting.
2) Items tentatively scheduled for the August FCC meeting regarding cable rules and wireless backhaul.
3) Requirements for television stations to post public files online beginning in August 2012.
3) Interoperability standards transmitted from the FCC to FirstNet for the nationwide public safety broadband network.
QUESTIONSALC fraud1. Describe in simple language and in detail.docxmakdul
QUESTIONS
ALC fraud
1. Describe in simple language and in detail, the purpose of the fraud. (e.g. why did they do it?)
2. What is the auditor’s responsibility with respect to debt covenants when opining on financial statements? What are the financial covenants with Ventas as you understand them from the case? What is the purpose of financial covenants from a lessor’s perspective?
3. What was the impact on the financial statements from the fraud? i.e. what would the statements have looked like if management did not commit fraud and reported truthfully? What would have been the implications to ALC?
4. What evidence was provided to GT from ALC management to support their practice for the 2009 audit? Was this sufficient? – “No”. What evidence was included in the GT workpapers? What evidence could have been sufficient for the auditor’s to conclude that management’s practice was acceptable and authorized by Ventas?
5. From your reading of the SEC documents, please provide examples of failures on the part of the lead engagement partner with respect to his/her audit of ALC? One way to approach this question is to provide a comparison of what she did do, vs. what she should have done. Be as specific as possible.
6. In the not-too-distant future, you will be “junior auditors” as identified in this case study. What could/should the junior auditors have done differently in the 2009 and 2010 audits performed by GT?
7. Using examples from this case, why is it important for an auditor to understand a client’s business operations? Were other signs of fraud present?
8. What did this fraud cost ALC and GT? Think big picture in this response.
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
Release No. 76537 / December 2, 2015
ACCOUNTING AND AUDITING ENFORCEMENT
Release No. 3719 / December 2, 2015
ADMINISTRATIVE PROCEEDING
File No. 3-16977
In the Matter of
Melissa K. Koeppel, CPA, and
Jeffrey J. Robinson, CPA,
Respondents.
ORDER INSTITUTING PUBLIC
ADMINISTRATIVE AND CEASE-AND-
DESIST PROCEEDINGS PURSUANT TO
SECTIONS 4C AND 21C OF THE
SECURITIES EXCHANGE ACT OF 1934,
AND RULE 102(e) OF THE
COMMISSION’S RULES OF PRACTICE,
MAKING FINDINGS, AND IMPOSING
REMEDIAL SANCTIONS AND A CEASE-
AND-DESIST ORDER
I.
The Securities and Exchange Commission (“Commission”) deems it appropriate that public
administrative and cease-and-desist proceedings be, and hereby are, instituted pursuant to
Sections 4C
1
and 21C of the Securities Exchange Act of 1934 (“Exchange Act”) and Rule
102(e)(1)(ii) of the Commission’s Rules of Practice
2
against Melissa K. Koeppel, CPA
(“Koeppel”) and Jeffrey J. Robinson, CPA (“Robinson”) (collectively, “Respondents”).
1
Section 4C provides, in relevant part, that:
The Commission may censure any person, or deny, temporarily or permanently,
to any person the pr ...
This complaint alleges that Granite Construction and its former executive Dale Swanberg engaged in accounting fraud from 2017-2019. It claims that Swanberg, as head of Granite's Heavy Civil Group, manipulated project cost forecasts and profit margins to conceal the group's deteriorating performance and overstated Granite's revenues and profit margins. This caused Granite to materially misstate its financial results in various SEC filings. The SEC is seeking to permanently enjoin Granite from further securities law violations and impose civil monetary penalties.
This document summarizes a recent Quebec court case regarding the restructuring of an insolvent construction company under Canadian insolvency law. The court approved an arrangement allowing for a partial release of claims against the company's surety. This was permitted because the surety's continued participation in providing required bonds was critical to the viability of the company's restructuring plan. While some case law suggests third party releases may not be allowed under insolvency law, the court found the circumstances here distinguishable and the arrangement fair and reasonable given the surety's central role in the plan.
The City of Cleveland has implemented various policies and programs to increase opportunities for small, minority, women, and local businesses in city contracting. This includes a certified small business program, bid discounts for local and sustainable businesses, and requirements for resident employment. A 2007 disparity study found imbalances favoring non-minority businesses in vertical construction that the city is addressing. The Office of Equal Opportunity oversees compliance and works to expand participation through outreach, training, and tighter enforcement of reporting requirements.
The document discusses the results of a study on the impact of COVID-19 lockdowns on air pollution. Researchers found that lockdowns led to significant short-term reductions in nitrogen dioxide and fine particulate matter pollution globally as transportation and industrial activities declined substantially. However, the document notes that the improvements in air quality were temporary and pollution levels rose back to pre-pandemic levels as restrictions eased and activity increased again.
Martin County is one of a dozen Kentucky counties suing some of the world's largest social media networks for actions they say have contributed to a mental health crisis among America's youth.
This document is a syllabus for the Supreme Court case Dobbs v. Jackson Women's Health Organization. It summarizes that the case concerns Mississippi's law banning most abortions after 15 weeks of pregnancy. The plaintiffs challenged the law, arguing it violated precedents establishing abortion rights. The District Court and Fifth Circuit agreed, but the Supreme Court took up the case to determine whether the Constitution confers a right to abortion. Overturning Roe v. Wade and Planned Parenthood v. Casey, the Court held that the right to abortion is not rooted in the nation's history or the Fourteenth Amendment, and authority to regulate abortion returns to state legislatures.
The document is a 3-page precinct report from an unofficial primary election in Pike County. It provides vote totals for each candidate in various races from one precinct (A101) on the first two pages, and a second precinct (A102) on the third page. In precinct A101, Rand Paul received the most votes for US Senator at 31 votes. Harold 'Hal' Rogers received the most votes for US Representative at 34 votes. In precinct A102, Rand Paul also received the most votes for US Senator at 30 votes, and Harold 'Hal' Rogers received the most votes for US Representative at 40 votes.
The document provides election results from various races in Perry County. Rand Paul won the US Senate race with 85.29% of the vote. Harold 'Hal' Rogers won the US House race with 77.14% of the vote. Minor B. Allen won the Jailer race with 69.70% of the vote. Rick Wooton won the 1st Magisterial District race with 75.76% of the vote. The results include voting totals from absentee, early, election day, and total voting for each choice in each race.
This document summarizes the results of the 2022 Martin County Primary Election held on April 26, 2022. It provides voter registration statistics and vote totals for each precinct and contest on the Republican and Democratic ballots. The precinct shown is A101 Lower Inez, which had 261 total ballots cast. Rand Paul received the most votes for US Senator and Norma Kirk McCormick received the most votes for State Representative in this precinct.
The document summarizes the unofficial results of the 2022 Magoffin County Primary Election held on May 17, 2022. It provides voter registration statistics and vote totals for various Republican and Democratic races at the county level, including United States Senator, United States Representative, Sheriff, Magistrate, and others. Precinct-level results are included for multiple precincts within Magoffin County.
In the 2022 Letcher County primary election, unofficial results show that in precinct A104 Eolia, Rand Paul received the most votes among Republican candidates for US Senator with 16 votes, and Charles Booker received the most votes among Democratic candidates with 13 votes. Sam Wright received the most votes among Democratic candidates for County Judge/Executive with 18 votes. Voter turnout percentages were not provided.
The document is an unofficial precinct report from a primary election held on May 17, 2022 in Lawrence County. It provides vote totals for each candidate in various races from one precinct (Precinct A101) containing 60 ballots cast. The highest vote getter in the US Senate race was Rand Paul with 47 votes (90.38% of ballots cast). In the race for County Judge/Executive, Phillip L. Carter received 40 votes (75.47% of ballots cast). For County Attorney, Brad Derfield received 29 votes (54.72% of ballots cast).
This document summarizes the unofficial results of the 2022 Knott County Primary Election held on February 5, 2022. It shows the number of registered voters and ballots cast in each precinct for Republican and Democratic candidates for U.S. Senate, U.S. Representative, County Judge/Executive, Magistrate, and Constable. Rand Paul and Tracy Neice received the most votes of the Republican and Democratic candidates respectively in the precinct summarized.
The document provides unofficial results from the 2022 Johnson County primary election held on May 17, 2022. It shows that in Precinct A105 Staffordsville, 275 Republican ballots and 49 Democratic ballots were cast out of 1,132 total registered voters. Rand Paul received 225 votes for United States Senator, while Harold 'Hal' Rogers received 227 votes for United States Representative and Bobby W. McCOOL received 217 votes for State Representative.
The document provides unofficial results from the 2022 Floyd County primary election held on May 17, 2022. It shows that 206 total ballots were cast, with 49 cast by registered Republicans and 156 by registered Democrats. For the Republican US Senate race, Rand Paul received 41 votes. For the Democratic Sheriff race, John P. Hunt received 118 votes. The document provides candidate vote totals for various federal, state and local primary races in Floyd County.
Rex Fought is charged with conspiracy to defraud the United States by impeding the Internal Revenue Service's ability to accurately assess and collect taxes. From 2014 to 2019, Fought directed his controller, M.M., to funnel money from coal companies into shell companies owned by Fought and his partner, and not report this money on their tax returns. M.M. also filed false tax returns for Fought, his partner, and the shell companies that underreported income and overreported expenses. If convicted, Fought faces up to 5 years in prison and significant fines.
Cockfighting indictment, Nicholas and Fleming countiesMountain Top News
Walter Mitchell, Jerrard McVey, and Linda McVey were charged with conspiracy to violate laws prohibiting animal fighting. They allegedly owned and operated an animal fighting venture called the Valley, located in Kentucky, that hosted weekly cockfighting events. They are accused of organizing fights, collecting admission fees, and selling concessions. On specific dates in June and July 2021, they allegedly organized cockfighting events at the Valley that drew over 100 people and involved entering roosters into fights. If convicted, they each face a maximum of 5 years in prison, a $250,000 fine, and 3 years of supervised release.
Cruz Alejandro Mercado-Vazquez was indicted on three counts by a federal grand jury. He was charged with twice attempting to bribe a county sheriff to protect planned animal fighting ventures (Counts 1-2), and with selling, buying, possessing, training, transporting and receiving roosters for use in an animal fighting venture (Count 3). If convicted, he faces up to 10 years in prison and fines of $250,000 for each bribery count, and up to 5 years in prison and $250,000 fine for the animal fighting count. He would also forfeit any animals involved and costs of their care.
1) Rickie D. Johnson, Jacklyn R. Johnson, and Harold "Fuzzy" Hale are charged with conspiracy to violate laws prohibiting animal fighting by operating a cockfighting ring called Bald Rock between May and July 2021.
2) Orville D. Asher, Dallas M. Cope, and Hiram B. Creech Jr. are each charged with attempting to sponsor or exhibit roosters in an animal fighting venture at Bald Rock on July 10, 2021.
3) If convicted, the defendants each face a maximum of 5 years in prison, a $250,000 fine, and 3 years of supervised release per count, as well as mandatory assessments and potential restitution.
1) Sabrina Adkins filed a civil lawsuit against Ben Fields (a deputy sheriff), unknown supervisors of Fields, and the Letcher County Sheriff. She alleges Fields sexually abused her on multiple occasions when she was on home incarceration under his supervision.
2) Adkins claims Fields violated her 4th and 14th amendment rights. She also brings state law claims against Fields for various torts related to the abuse.
3) Adkins further claims the sheriff and Fields' supervisors were deliberately indifferent in failing to properly train and supervise Fields, which allowed the abuse to occur. She is seeking damages against all defendants.
A federal lawsuit filed by Levi Newsom and N.R., a minor represented by her parent, Mikey Ratliff, challenging Pike County Schools' mask mandate as unconstitutional.
Acolyte Episodes review (TV series) The Acolyte. Learn about the influence of the program on the Star Wars world, as well as new characters and story twists.
Here is Gabe Whitley's response to my defamation lawsuit for him calling me a rapist and perjurer in court documents.
You have to read it to believe it, but after you read it, you won't believe it. And I included eight examples of defamatory statements/
Essential Tools for Modern PR Business .pptxPragencyuk
Discover the essential tools and strategies for modern PR business success. Learn how to craft compelling news releases, leverage press release sites and news wires, stay updated with PR news, and integrate effective PR practices to enhance your brand's visibility and credibility. Elevate your PR efforts with our comprehensive guide.
An astonishing, first-of-its-kind, report by the NYT assessing damage in Ukraine. Even if the war ends tomorrow, in many places there will be nothing to go back to.
El Puerto de Algeciras continúa un año más como el más eficiente del continente europeo y vuelve a situarse en el “top ten” mundial, según el informe The Container Port Performance Index 2023 (CPPI), elaborado por el Banco Mundial y la consultora S&P Global.
El informe CPPI utiliza dos enfoques metodológicos diferentes para calcular la clasificación del índice: uno administrativo o técnico y otro estadístico, basado en análisis factorial (FA). Según los autores, esta dualidad pretende asegurar una clasificación que refleje con precisión el rendimiento real del puerto, a la vez que sea estadísticamente sólida. En esta edición del informe CPPI 2023, se han empleado los mismos enfoques metodológicos y se ha aplicado un método de agregación de clasificaciones para combinar los resultados de ambos enfoques y obtener una clasificación agregada.
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5. Defendant Altice USA is a Delaware corporation with its principal place of
business in Long Island City, New York.
6. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1332 because
the Plaintiff and Defendants are citizens of different states and the amount in controversy exceeds
$75,000.
7. Venue in this Court is proper under 28 U.S.C. § 1391(b) because a substantial part
of the events or omissions giving rise to this claim occurred in this judicial district, where
Suddenlink received its franchise. Suddenlink is a service provider and can be found in this
judicial district, where it purports to provide cable television service, which it refers to as “Video
Service” and other services.
II. BACKGROUND
A. The Franchise
8. On September 14, 2009, Pikeville adopted a resolution accepting the proposal of
Cequel III Communications II, LLC d/b/a Suddenlink Communications for a non-exclusive ten
(10) year franchise for the operation of cable television system within the confines of the City of
Pikeville. The resolution is attached as Exhibit 1.
9. The resolution noted that “the City of Pikeville, pursuant to Ordinance No. 0-2009-
022 has created a non-exclusive franchise not to exceed ten (10) years for a cable television system
to operate within the confines of the City of Pikeville.” Ordinance No. 0-2009-022 is attached as
Exhibit 2.
10. In 2015, Altice S.A. entered into a merger agreement with Cequel Corporation, the
parent of Franchisee, whereby certain subsidiaries of Altice S.A. would acquire seventy percent
(70%) of the issued and outstanding equity of Cequel Corporation.
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11. A May 20, 2015 Suddenlink press release announcing the acquisition noted:
“Suddenlink represents an excellent fit for the Altice Group and will benefit from the operational
expertise, scale and investment support that are at the core of the Altice business model.”
https://altice.net/sites/default/files/pdf/689389.pdf.
12. The press release stated that Suddenlink had “a well invested, leading broadband
network across its footprint, … [and] a strong operational and financial growth track record.
Suddenlink’s focus on service, innovation and investments provide a strong basis for extending its
market leadership and growth momentum.” Id.
13. On June 28, 2018, Altice USA, Inc. (“Altice”) gave Pikeville notice of “a pro forma
internal reorganization”, which noted that the Franchisee a/k/a “Suddenlink still holds the cable
service franchise in the City (the “Franchise”) and is bound by its terms, which are unchanged by
the Restructuring.”
B. Franchisee’s Service Significantly Deteriorates After Altice Assumes Control
14. The Altice S.A. purchase of Cequel Corporation and the benign-sounding “pro
forma internal reorganization” placing Altice in control of Franchisee had dire consequences for
cable service in Pikeville.
15. Altice’s strategy is to purchase providers, like Suddenlink, that serve areas like
Pikeville where few if any viable alternatives exist for phone, cable, and internet service, and then
engage in severe cost-cutting that significantly reduces the quality of services offered.
16. Because of the dearth of alternatives, Altice also raises rates on its captive
customers even as the service quality declines.
17. In 2015, analysts at ING wrote in a research note that Altice was aiming for $215
million in cost savings per year at Suddenlink, while Reuters stated that “Altice is expected to
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apply its usual formula at Suddenlink, namely aggressive cost cuts and attention to profit instead
of volume of customers.” https://www.reuters.com/article/us-suddenlink-m-a-altice-
idUSKBN0O50IG20150520.
18. By 2017, Altice USA CEO Dexter Goei bragged that Suddenlink had taken out at
least half of the targeted costs, with more cuts to come. “We’re turning the screws a little more,”
Goei said, despite the facts that the low hanging cost cutting fruit had been picked and further
reductions would severely impair service. At the same time, Goei crowed that Suddenlink’s 47.3%
profit margins were the highest in the U.S. cable industry. https://www.nexttv.com/news/altice-
usa-closer-cost-cutting-goal-411418.
19. The high profits have not translated into adequate service for Suddenlink
customers. The American Customer Satisfaction Index Telecommunications Study (the “ACSI
Study”) published on June 8, 2021, “is based on interviews with 37,907 customers, chosen at
random and contacted via email between April 1, 2020, and March 29, 2021. Customers are asked
to evaluate their recent experiences with the largest companies in terms of market share, plus an
aggregate category consisting of ‘all other’—and thus smaller—companies in those industries.”
According to the ACSI Study, Suddenlink ranked last in customer satisfaction for subscription
television service, internet service providers, and landline phone service.
20. The 2021 ASCI Study did not comment on Suddenlink’s performance, but the 2020
ASCI Study contained the following comment: Subscription television service: “Despite a small
uptick to 56, Suddenlink (Altice USA) remains in last place and customers find its bills harder to
understand than any other pay TV provider.”
21. Altice’s Better Business Bureau page is similarly telling:
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22. Interestingly, the reason Altice received 1.04 stars rather than 1.0 stars appears to
be primarily due to customer errors in giving Altice more than one star. For example:
C. Pikeville Gives Written Notice of Failure to Comply with the Franchise
23. On June 23, 2020, Pikeville Mayor James A. Carter sent notice to “Altice USA (dba
“Suddenlink”) in writing of Suddenlink’s failures to comply with the certain provisions of the
City’s cable franchise ordinance (‘Franchise’) and the City’s intent to access liquidated damage if
said failures to comply with the Franchise are not cured.” The notice is attached as Exhibit 3.
24. On July 8, 2020, Altice responded, denying any failures or claiming such failures
were cured through its letter. The response is attached as Exhibit 4.
25. On July 15, 2020, Pikeville gave Altice notice of a public hearing, posted on July
17, 2020 and to be held on July 27, 2020, “to determine whether or not Cequel III Communications
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II, LLC d/b/a Suddenlink Communications (‘Suddenlink’) has violated any of the provisions of
Ordinance # 0-2009-022”. The notice added that “All interested parties, including Suddenlink,
will be given an opportunity to speak.” The notice of a public hearing is attached as Exhibit 5.
26. On July 27, 2020, Altice sent a second letter again denying any failures to comply
with the ordinance or arguing such failures were cured. The second letter is attached as Exhibit 6.
27. At the July 27, 2020 hearing, the City Commissioners heard the evidence, including
the evidence set forth in the exchange of correspondence set forth as Exhibits 3, 4, and 6, but also
evidence presented at the public hearing. After hearing all the evidence, the City Commissioners
concluded that Suddenlink failed to comply with specific sections of the ordinance.
28. Based on the determination by the City Commissioners, Pikeville adopted a
resolution finding that Suddenlink violated the ordinance and owed liquidated damages. The
resolution is attached as Exhibit 7.
29. Suddenlink failed to pay the liquidated damages. As of the filing of this Complaint,
Suddenlink owes over $1,200,000 in liquidated damages, which damages accrue daily.
COUNT I
(Declaratory Judgment / Injunction)
30. Plaintiff incorporates by reference the allegations contained in this Complaint’s
preceding paragraphs.
31. An actual controversy exists between Defendants and Plaintiff concerning the
payments for the breach of the franchise.
32. Pursuant to 28 U.S.C. § 2201, this Court may “declare the rights and legal relations
of any interested party seeking such declaration, whether or not further relief is or could be sought.”
33. Plaintiff seeks a declaration that due to Suddenlink’s violations of the ordinance
Suddenlink must pay Plaintiff liquidated damages as set forth in Exhibit 7.
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34. Plaintiff further seeks an injunction enjoining Suddenlink from its continuing
violations of the ordinance, and requiring Suddenlink to comply with the ordinance in providing
services under the franchise.
COUNT II
(Breach of Franchise)
35. Plaintiff incorporates by reference the allegations contained in this Complaint’s
preceding paragraphs.
36. Suddenlink entered into the franchise, which required complying with the
ordinance.
37. Plaintiff performed its obligations under the franchise and the ordinance.
38. Suddenlink failed to perform its obligations to Plaintiff.
39. The ordinance calls for liquidated damages in the event Suddenlink fails to perform.
40. As a direct, proximate, and legal result of Suddenlink’s violation of the ordinance,
Plaintiff is owed liquidated damages.
COUNT III
(Indemnity)
41. Plaintiff incorporates by reference the allegations contained in this Complaint’s
preceding paragraphs.
42. Under the ordinance, Suddenlink agreed to indemnify, hold harmless, and defend
Plaintiff from any and all losses or claims of whatever kind that arise from or are alleged to have
arisen, directly or indirectly, in whole or in part from the execution, performance or breach of the
franchise by Suddenlink and its associated persons and entities.
43. The losses referenced in the ordinance included attorneys’ fees and expenses, costs
of litigation, and court and administrative agency costs.
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44. Responding to overwhelming numbers of complaints and investigating
Suddenlink’s failure to comply with the ordinance imposed significant losses upon Plaintiff, as
will enforcing the liquidated damages provision of the franchise.
45. As a direct and proximate cause of Suddenlink’s failure to comply with the
ordinance, Plaintiff is entitled to indemnity for its losses, including its attorneys’ fees in bringing
this action.
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment against
Defendants and in favor of Plaintiff and that it grant the requested equitable relief; all damages
permissible under law, including punitive damages where warranted; attorneys’ fees and costs;
pre-judgment and post-judgment interest; and any further relief the Court deems just and proper.
JURY TRIAL DEMAND
Plaintiffs demand a trial by jury on all claims and of all issues so triable.
Dated: July 10, 2022
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