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Federal Court Bans Deceptive Health Claims and a Wide Range of Other Deceptive Conduct

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Federal Court Rules in Favor of FTC, Halting Illegal Tactics Used to Promote Smoking Cessation, Weight-Loss, and Sexual-Performance Aids

At the request of the Federal Trade Commission, a federal district court in California ordered a stop to the illegal tactics used by marketers who deceptively promoted dissolvable oral film strips as effective smoking cessation, weight-loss, and sexual-performance aids.

The court found that the FTC had prevailed on all 16 counts in its complaint against Jason Cardiff, Eunjung Cardiff, and seven entities they control, doing business as Redwood Scientific Technologies. The court’s permanent injunction, among other things, bans the Cardiffs and their companies from selling dissolvable oral film strips directly to consumers, bans engaging in multi-level marketing, bans them from making robocalls, and bans them from using negative-option marketing. It also imposes severe restrictions on their future conduct related to false advertising, fake testimonials, and unauthorized billing.

However, despite the fact that the FTC presented evidence that consumers lost $18.2 million to the defendants’ deceptive marketing, the court declined to order any compensation because of a recent Supreme Court’s ruling in the case of AMG v. FTC, which undercuts the agency’s authority to obtain such consumer redress.

“We’re pleased the court ruled in our favor as to every count in the complaint and entered such a strong injunction, including bans on several types of marketing,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. “Unfortunately, the FTC still hasn’t been given back its full authority to return money to fraud victims, meaning the people hurt by this scheme – which brought in over $18 million – get nothing.”

Additional Judgments Announced

In addition to finding that the defendants’ health claims for the three products were false or unsubstantiated, the court found they engaged in many other unfair and deceptive practices. Specifically, the court found the Cardiffs violated the Restore Online Shoppers’ Confidence Act by failing to clearly and conspicuously disclose their auto-ship program to customers who purchased online.

It also found the Cardiffs unfairly enrolled consumers in auto-ship plans without their consent, failed to honor refund policies and guarantees, used fake testimonials, made false Made-in-the-USA claims, and made illegal robocalls. Additionally, the court found the Cardiffs made deceptive earnings claims as part of a multi-level marketing scheme.

The court order entered against defendants Jason Cardiff and Eunjung Cardiff permanently bans them from engaging in multi-level marketing, robocalls, negative option sales, and marketing, advertising, or selling thin film strips to consumers.

It prohibits them from making unsubstantiated claims about the health benefits of goods and services, deceptively claiming that they have proof regarding any such health claim, failing to properly disclose auto-ship programs sold online, deceptively claiming that an endorser is a real consumer, deceptively claiming that any product is made in USA, making false earnings claims, and making any other misrepresentation regarding total costs, refund policies, or material restrictions or limitations connected with a sale of goods and services.

The court also entered a default judgment against the seven corporate defendants that acted together with the Cardiffs as a common enterprise the owned and operated. This judgment imposes the same conduct provisions the court imposed in its order against the Cardiff defendants.

The Federal Trade Commission works to promote competition and protect and educate consumers. Learn more about consumer topics at consumer.ftc.gov, or report fraud, scams, and bad business practices at ReportFraud.ftc.gov. Follow the FTC on social media, read consumer alerts and the business blog, and sign up to get the latest FTC news and alerts.

Press release distributed by the FTC.

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Russian government employees charged in historical hacking campaigns targeting critical infrastructure worldwide

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Defendants’ Separate Campaigns Both Targeted Software and Hardware for Operational Technology Systems

The Department of Justice has unsealed two indictments charging four defendants –all Russian nationals who worked for the Russian government– with attempting, supporting and conducting computer intrusions that together, in two separate conspiracies, targeted the global energy sector between 2012 and 2018. In total, these hacking campaigns targeted thousands of computers, at hundreds of companies and organizations, in approximately 135 countries.

A June 2021 indictment returned in the District of Columbia, United States v. Evgeny Viktorovich Gladkikh, concerns the alleged efforts of an employee of a Russian Ministry of Defense research institute and his co-conspirators to damage critical infrastructure outside the United States, thereby causing two separate emergency shutdowns at a foreign targeted facility. The conspiracy subsequently attempted to hack the computers of a U.S. company that managed similar critical infrastructure entities in the United States.

An August 2021 indictment returned in the District of Kansas, United States v. Pavel Aleksandrovich Akulov, et al., details allegations about a separate, two-phased campaign undertaken by three officers of Russia’s Federal Security Service (FSB) and their co-conspirators to target and compromise the computers of hundreds of entities related to the energy sector worldwide. Access to such systems would have provided the Russian government the ability to, among other things, disrupt and damage such computer systems at a future time of its choosing.

“Russian state-sponsored hackers pose a serious and persistent threat to critical infrastructure both in the United States and around the world,” said Deputy Attorney General Lisa O. Monaco. “Although the criminal charges unsealed today reflect past activity, they make crystal clear the urgent ongoing need for American businesses to harden their defenses and remain vigilant. Alongside our partners here at home and abroad, the Department of Justice is committed to exposing and holding accountable state-sponsored hackers who threaten our critical infrastructure with cyber-attacks.”

“The FBI, along with our federal and international partners, is laser-focused on countering the significant cyber threat Russia poses to our critical infrastructure,” said FBI Deputy Director Paul Abbate. “We will continue to identify and quickly direct response assets to victims of Russian cyber activity; to arm our partners with the information that they need to deploy their own tools against the adversary; and to attribute the misconduct and impose consequences both seen and unseen.”

“We face no greater cyber threat than actors seeking to compromise critical infrastructure, offenses which could harm those working at affected plants as well as the citizens who depend on them,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “The department and my office will ensure that those attacking operational technology will be identified and prosecuted.”

“The potential of cyberattacks to disrupt, if not paralyze, the delivery of critical energy services to hospitals, homes, businesses and other locations essential to sustaining our communities is a reality in today’s world,” said U.S. Attorney Duston Slinkard for the District of Kansas. “We must acknowledge there are individuals actively seeking to wreak havoc on our nation’s vital infrastructure system, and we must remain vigilant in our effort to thwart such attacks. The Department of Justice is committed to the pursuit and prosecution of accused hackers as part of its mission to protect the safety and security of our nation.”

In addition to unsealing these charges, the U.S. government is taking action to enhance private sector network defense efforts and disrupt similar malicious activity.

The Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) has already released numerous Technical Alerts, ICS Alerts and Malware Analysis Reports regarding Russia’s malign cyber activities, including the campaigns discussed in the indictments. These are located at: https://www.cisa.gov/shields-up

  1. United States v. Evgeny Viktorovich Gladkikh – defendant installed backdoors and launched malware designed to compromise the safety of energy facilities

In June 2021, a federal grand jury in the District of Columbia returned an indictment charging Evgeny Viktorovich Gladkikh (Евгений Викторович Гладких), 36, a computer programmer employed by an institute affiliated with the Russian Ministry of Defense, for his role in a campaign to hack industrial control systems (ICS) and operational technology (OT) of global energy facilities using techniques designed to enable future physical damage with potentially catastrophic effects.

According to the indictment, between May and September 2017, the defendant and co-conspirators hacked the systems of a foreign refinery and installed malware, which cyber security researchers have referred to as “Triton” or “Trisis,” on a safety system produced by Schneider Electric, a multinational corporation. The conspirators designed the Triton malware to prevent the refinery’s safety systems from functioning (i.e., by causing the ICS to operate in an unsafe manner while appearing to be operating normally), granting the defendant and his co-conspirators the ability to cause damage to the refinery, injury to anyone nearby, and economic harm. However, when the defendant deployed the Triton malware, it caused a fault that led the refinery’s Schneider Electric safety systems to initiate two automatic emergency shutdowns of the refinery’s operations. Between February and July 2018, the conspirators researched similar refineries in the United States, which were owned by a U.S. company, and unsuccessfully attempted to hack the U.S. company’s computer systems.

The three-count indictment alleges that Gladkikh was an employee of the State Research Center of the Russian Federation FGUP Central Scientific Research Institute of Chemistry and Mechanics’ (Государственный научный центр Российской Федерации федеральное государственное унитарное предприятие Центральный научно-исследовательский институт химии и механики, hereinafter “TsNIIKhM”) Applied Developments Center (“Центр прикладных разработок,” hereinafter “ADC”). On its website, which was modified after the Triton attack became public, TsNIIKhM described itself as the Russian Ministry of Defense’s leading research organization. The ADC, in turn, publicly asserted that it engaged in research concerning information technology-related threats to critical infrastructure (i.e., that its research was defensive in nature).

The defendant is charged with one count of conspiracy to cause damage to an energy facility, which carries a maximum sentence of 20 years in prison, one count of attempt to cause damage to an energy facility, which carries a maximum sentence of 20 years in prison, and one count of conspiracy to commit computer fraud, which carries a maximum sentence of five years in prison.

Assistant U.S. Attorneys Christopher B. Brown and Luke Jones for the District of Columbia, in partnership with the National Security Division’s Counterintelligence and Export Control Section, are prosecuting this case. The FBI’s Washington Field Office conducted the investigation.

The U.S.-based targets of the conspiracy cooperated and provided valuable assistance in the investigation. The Department of Justice and the FBI also expressed appreciation to Schneider Electric for its assistance in the investigation, particularly noting the company’s public outreach and education efforts following the overseas Triton attack.

  1. United States v. Pavel Aleksandrovich Akulov, Mikhail Mikhailovich Gavrilov, and Marat Valeryevich Tyukov – defendants undertook years-long effort to target and compromise computer systems of energy sector companies

On Aug. 26, 2021, a federal grand jury in Kansas City, Kansas, returned an indictment charging three computer hackers, all of whom were residents and nationals of the Russian Federation (Russia) and officers in Military Unit 71330 or “Center 16” of the FSB, with violating U.S. laws related to computer fraud and abuse, wire fraud, aggravated identity theft and causing damage to the property of an energy facility.

The FSB hackers, Pavel Aleksandrovich Akulov (Павел Александрович Акулов), 36, Mikhail Mikhailovich Gavrilov (Михаил Михайлович Гаврилов), 42, and Marat Valeryevich Tyukov (Марат Валерьевич Тюков), 39, were members of a Center 16 operational unit known among cybersecurity researchers as “Dragonfly,” “Berzerk Bear,” “Energetic Bear,” and “Crouching Yeti.” The indictment alleges that, between 2012 and 2017, Akulov, Gavrilov, Tyukov and their co-conspirators, engaged in computer intrusions, including supply chain attacks, in furtherance of the Russian government’s efforts to maintain surreptitious, unauthorized and persistent access to the computer networks of companies and organizations in the international energy sector, including oil and gas firms, nuclear power plants, and utility and power transmission companies. Specifically, the conspirators targeted the software and hardware that controls equipment in power generation facilities, known as ICS or Supervisory Control and Data Acquisition (SCADA) systems. Access to such systems would have provided the Russian government the ability to, among other things, disrupt and damage such computer systems at a future time of its choosing.

According to the indictment, the energy sector campaign involved two phases. In the first phase, which took place between 2012 and 2014 and is commonly referred to by cyber security researchers as “Dragonfly” or “Havex,” the conspirators engaged in a supply chain attack, compromising the computer networks of ICS/SCADA system manufacturers and software providers and then hiding malware – known publicly as “Havex” – inside legitimate software updates for such systems. After unsuspecting customers downloaded Havex-infected updates, the conspirators would use the malware to, among other things, create backdoors into infected systems and scan victims’ networks for additional ICS/SCADA devices. Through these and other efforts, including spearphishing and “watering hole” attacks, the conspirators installed malware on more than 17,000 unique devices in the United States and abroad, including ICS/SCADA controllers used by power and energy companies.

In the second phase, which took place between 2014 and 2017 and is commonly referred to as “Dragonfly 2.0,” the conspirators transitioned to more targeted compromises that focused on specific energy sector entities and individuals and engineers who worked with ICS/SCADA systems. As alleged in the indictment, the conspirators’ tactics included spearphishing attacks targeting more than 3,300 users at more than 500 U.S. and international companies and entities, in addition to U.S. government agencies such as the Nuclear Regulatory Commission. In some cases, the spearphishing attacks were successful, including in the compromise of the business network (i.e., involving computers not directly connected to ICS/SCADA equipment) of the Wolf Creek Nuclear Operating Corporation (Wolf Creek) in Burlington, Kansas, which operates a nuclear power plant. Moreover, after establishing an illegal foothold in a particular network, the conspirators typically used that foothold to penetrate further into the network by obtaining access to other computers and networks at the victim entity.

During the Dragonfly 2.0 phase, the conspirators also undertook a watering hole attack by compromising servers that hosted websites commonly visited by ICS/SCADA system and other energy sector engineers through publicly known vulnerabilities in content management software. When the engineers browsed to a compromised website, the conspirators’ hidden scripts deployed malware designed to capture login credentials onto their computers.

The conspiracy’s hacking campaign targeted victims in the United States and in more than 135 other countries.

Akulov, Gavrilov and Tyukov are charged with conspiracy to cause damage to the property of an energy facility and commit computer fraud and abuse, which carries a maximum sentence of five years in prison, and conspiracy to commit wire fraud, which carries a maximum sentence of 20 years in prison. Akulov and Gavrilov are also charged with substantive counts of wire fraud and computer fraud related to unlawfully obtaining information from computers and causing damage to computers. These offenses carry maximum sentences ranging from five to 20 years in prison. Finally, Akulov and Gavrilov are also charged with three counts of aggravated identity theft, each of which carry a minimum sentence of two years consecutive to any other sentence imposed.

Assistant U.S. Attorneys Scott Rask, Christopher Oakley and Ryan Huschka forthe District of Kansas, and Counsel for Cyber Investigations Ali Ahmad and Trial Attorney Christine Bonomo of the National Security Division’s Counterintelligence and Export Control Section are prosecuting this case. The FBI’s Portland and Richmond field offices conducted the investigation, with the assistance of the FBI’s Cyber Division.

Numerous victims, including Wolf Creek and its owners Evergy and the Kansas Electric Power Cooperative, cooperated and provided invaluable assistance in the investigation.

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.


Note: View the concurrent announcement by the Department of State of a $10 million reward for information leading to the arrest of a defendant or identification of other conspirators as part of its Rewards for Justice program.

View the concurrent announcement by the FBI, Department of Energy and Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) of a  Joint Cybersecurity Advisory containing technical details, indicators of compromise and mitigation measures.

Press release distributed by the DOJ.

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ACI Optimistic for Growth Potential of USMJ, PURA and PJET from Federal Marijuana Legalization

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Dallas (TX), March 25, 2022 (GLOBE NEWSWIRE) — ACI Conglomerated, the majority shareholder of North American Cannabis Holdings, Inc. (OTC Pink: USMJ), Puration, Inc. (OTC Pink: PURA) and Priority Aviation, Inc. (OTC Pink: PJET) today expressed optimism for the potential impact of federal marijuana legalization on the three holdings.

House lawmakers are expected to vote next week on the Marijuana Opportunity, Reinvestment and Expungement, or MORE Act that would remove marijuana from the list of federally controlled substances.

“The MORE Act could be a game changer for USMJ, PURA and PJET,” said Steven Rash, Chairman of ACI Conglomerated and the CEO of USMJ. “Investment and financing of all three companies is complicated by the current federal prohibition of cannabis.  Legalization would open all three companies to new resources that could drive exponential growth.”

USMJ is a cannabis e-commerce company marketing their own, and third-party cannabis-related products. PURA is industrial hemp sector co-op.  PJET is a former cannabis sector company recently shifting into the student life sector but impacted by both its cannabis history and relationship with USMJ and PURA.

Disclaimer:
This News Release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These forward-looking statements involve known and unknown risks, uncertainties and other important factors that could cause our actual results, performance or achievements, or industry results, to differ materially from any these statements. You are cautioned not to place undue reliance on any those forward-looking statements. Except as otherwise required by the federal securities laws, we undertake no obligation to publicly update or revise any forward-looking statements after the date of this news release. None of such forward-looking statements should be regarded as a representation by us or any other person that the objectives and plans set forth in this News Release will be achieved or be executed.

Contact:
ACI Conglomerated
Steven Rash
info@aciconglomerated.com
+1 (800) 861-1350

This is a press release. Click here to see the original story.

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Women’s History Month Event: SEC to Host Free Virtual Financial Fraud Webinar

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Washington D.C. — On March 29, 2022 at 7 p.m. ET the Securities and Exchange Commission’s New York Regional Office, in coordination with Alpha Kappa Alpha Sorority Inc., Tau Omega Chapter, will celebrate women’s history month with a free investor education panel discussion about staying safe from financial fraud.

The panel will feature four women from the SEC’s New York Regional Office. Sharon Bryant, Hane Kim, Celeste Chase and Shari Singh will share their expertise in spotting different types of investment fraud, including those found online and involving digital assets. The panelists will answer questions after the discussion.

“Educating the public with free financial fraud webinars is a great way to put investors on the offensive and stop scam artists who are looking to prey on them.” said Richard R. Best, Director of the SEC’s New York Regional Office. “We are excited to share this critical information which will help prevent financial fraud before it starts.”

To participate, visit our website, and click the Eventbrite link to register. Participants can submit questions for the speakers before the event by emailing SECNYOutreach@sec.gov and are encouraged to share information about this event with family and friends.

Press release distributed by the SEC.

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SEC Proposes Amendments to Remove References to Credit Ratings from Regulation M

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Washington D.C. — The Securities and Exchange Commission has voted to propose changes that would remove the references to credit rating agencies from existing exceptions provided in Rule 101 and Rule 102 of Regulation M, a set of rules designed to preserve market integrity by prohibiting activities that could artificially influence the market for an offered security.

“In Section 939A of the Dodd-Frank Act of 2010, Congress directed federal agencies, including the SEC, ‘to remove any reference to or requirement of reliance on credit ratings’ from our rules and to substitute an appropriate standard for credit-worthiness,” said SEC Chair Gary Gensler. “The SEC has completed much of this work, and the only remaining references to credit ratings are in Rules 101 and 102 of Reg M. Today’s proposal, if adopted, thus would fulfill Congress’s mandate to remove all such references to credit rating agencies from our rules.”

The Commission proposes to replace the credit-rating requirement included in Rule 101’s exception, which is available to distribution participants and their affiliated purchasers, with requirements that the nonconvertible debt securities and nonconvertible preferred securities meet a specified probability of default threshold, and that the asset-backed securities be offered pursuant to an effective shelf registration statement filed on the Commission’s Form SF-3. In addition, the proposed changes would eliminate Rule 102’s exception, which is available to issuers, selling security holders, and their affiliates, for investment grade nonconvertible debt securities, nonconvertible preferred securities, and asset-backed securities.

The Commission also voted to propose a recordkeeping requirement under Rule 17a-4(b)(17) for broker-dealers who make probability of default determinations in reliance on Rule 101’s proposed exception for nonconvertible debt securities and nonconvertible preferred securities.

The proposing release will be published on SEC.gov and in the Federal Register. The comment period will remain open for 60 days following publication of the proposing release on the SEC’s website or 30 days following publication of the proposing release in the Federal Register, whichever period is longer.

Press release distributed by the SEC.

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FBI crime report released: Victims lost $6.9b to internet-enabled scams in 2021

The FBI’s Internet Crime Complaint Center (IC3) has released its annual report.

The 2021 Internet Crime Report (pdf) includes information from 847,376 complaints of suspected internet crime—a 7% increase from 2020—and reported losses exceeding $6.9 billion. State-specific statistics have also been released and can be found within the 2021 Internet Crime Report and in the accompanying 2021 State Reports.

The top three cyber crimes reported by victims in 2021 were phishing scams, non-payment/non-delivery scams, and personal data breach. Victims lost the most money to business email compromise scams, investment fraud, and romance and confidence schemes.

In addition to statistics, the IC3’s 2021 Internet Crime Report contains information about the most prevalent internet scams affecting the public and offers guidance for prevention and protection. It also highlights the FBI’s work combatting internet crime, including recent case examples. Finally, the 2021 Internet Crime Report explains the IC3, its mission, and functions.

The IC3 gives the public a reliable and convenient mechanism to report suspected internet crime to the FBI. The FBI analyzes and shares information from submitted complaints for investigative and intelligence purposes, for law enforcement, and for public awareness.

With the release of the 2021 Internet Crime Report, the FBI wants to remind the public to immediately report suspected criminal internet activity to the IC3 at ic3.gov. By reporting internet crime, victims are not only alerting law enforcement to the activity but aiding in the overall fight against cybercrime.

To report an online crime or view IC3’s annual reports and public service announcements, visit ic3.gov.

FTC: Reports of romance scams hit record highs in 2021

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Online dating can be a great way to find lasting love – or even your next fling. But reports to the FTC suggest it also creates opportunities for scammers. In the past five years, people have reported losing a staggering $1.3 billion to romance scams,[1][2] more than any other FTC fraud category. The numbers have skyrocketed in recent years, and 2021 was no exception – reported losses hit a record $547 million for the year. That’s more than six times the reported losses in 2017 and a nearly 80% increase compared to 2020. The median individual reported loss in 2021 was $2,400.[3]

Romance Scams Data Spotlight Data

Reports show that romance scammers are masters of disguise. They create fake online profiles with attractive photos swiped from the web. Sometimes they even assume the identities of real people. They may study information people share online and then pretend to have common interests. And the details they share about themselves will always include built-in excuses for not meeting in person. For example, many reportedly claim to be serving overseas in the military or working on an offshore oil rig.

Many people who’ve experienced scams report being contacted on dating apps. But you don’t have to be looking for love to be courted by a romance scammer. Reports of unexpected private messages on social media platforms are common. More than a third of people who said they lost money to an online romance scam in 2021 said it began on Facebook or Instagram.[4]

Romance scammers weave all sorts of believable stories to con people, but their old standby involves pleas for help while claiming one financial or health crisis after another. The scammers’ stories might involve a sick child or a temporary inability to get to their money for a whole range of reasons. People who lost money to a romance scammer often report sending money repeatedly: they believe they’re helping someone they care about. But it’s all a lie.

In another common twist on the romance scam, people agree to help transfer money as a favor to their supposed sweetheart. The scammer often claims to need help getting their inheritance money or moving funds for an important business deal. Stories like this often set people up to become “money mules” – they may think they’re just helping, but they’re really laundering stolen funds. These stories are also used to trick people into sending their own money. People have reported paying all sorts of bogus fees to accept money that never turns up. Others say they deposited a check from their sweetie and sent some of the money as instructed, only to find out later that the check was fake – leaving them without the money they sent. Still others report sending money based on promises – later proven to be false – that they would be repaid.

A growing trend in 2021 was scammers using romance as a hook to lure people into bogus investments, especially cryptocurrency. People are led to believe their new online companion is a successful investor who, before long, casually offers investment advice. These so-called investment opportunities often involve foreign exchange (forex) trading or cryptocurrency. And when people follow this investment “advice,” they wind up losing all the money they “invest.”

In fact, the largest reported losses to romance scams were paid in cryptocurrency: $139 million last year alone.[5] That’s a remarkable growth in cryptocurrency payments to romance scammers: 2021 numbers are nearly five times those reported in 2020, and more than 25 times those reported in 2019. In 2021, the median individual reported loss using cryptocurrency was a staggering $9,770. While cryptocurrency losses were the most costly, it was not the most common payment method for romance scams. In 2021, more people reported paying romance scammers with gift cards than with any other payment method. In fact, about one in four people said they paid a romance scammer with a gift card, and they reported losing $36 million last year.[6]

Reports about romance scams increased for every age group in 2021. The increase was most striking for people ages 18 to 29. For this age group, the number of reports increased more than tenfold from 2017 to 2021. But the reported median loss increased with age: people 70 and older reported the highest individual median losses at $9,000, compared to $750 for the 18 to 29 age group.[7]

So how can you spot scammers if you’re looking for love online?

  • Nobody legit will ever ask you to help by sending cryptocurrency, giving the numbers on a gift card, or by wiring money. Anyone who does is a scammer.
  • Never send or forward money for someone you haven’t met in person, and don’t act on their investment advice.
  • Talk to friends or family about a new love interest and pay attention if they’re concerned.
  • Try a reverse-image search of profile pictures. If the details don’t match up, it’s a scam.

Help stop scammers by reporting suspicious profiles or messages to the dating app or social media platform. Then, tell the FTC at ReportFraud.ftc.gov. Learn more at ftc.gov/romancescams.


[1] This figure and figures throughout this Spotlight are based on reports to the FTC’s Consumer Sentinel Network that were classified as romance scams, excluding reports provided by the Internet Crimes Complaint Center (IC3). IC3 reports submitted prior to 2019 are not included in Sentinel, so these reports were excluded to ensure greater consistency in reporting trends over time.

[2] Because the vast majority of frauds are not reported to the government, this figure reflects just a small fraction of the public harm caused by romance scams. See Anderson, K. B., To Whom Do Victims of Mass-Market Consumer Fraud Complain? at 1 (May 2021), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3852323

(study showed only 4.8% of people who experienced mass-market consumer fraud complained to a Better Business Bureau or a government entity).

[3] Reports provided by MoneyGram and Western Union are excluded for this calculation as these data contributors report each transaction separately, which typically affects calculation of an individual’s median loss.

[4] This figure is based on 2021 loss reports directly to the FTC categorized as romance scams and where the consumer identified an online platform. Of these, the top platforms identified as the starting point for the scam were Facebook (23%) and Instagram (13%).

[5] Ranked by reported dollar losses the top payment methods on romance scams reported in 2021 are as follows: cryptocurrency ($139M), bank transfer or payment ($121M), wire transfer ($93M), and gift card or reload card ($36M).

[6] About 28% of people who reported losing money on a romance scam in 2021 said they paid with a gift card or reload card, followed by cryptocurrency (18%), payment app or service (14%), bank transfer or payment (13%), and wire transfer (12%). These figures exclude MoneyGram and Western Union as these data contributors report each transaction separately, which affects the number of reports.  

[7] In 2021, the median individual reported losses to romance scams by age were as follows: $750 (18-29), $2,000 (30-39), $3,000 (40-49), $4,000 (50-59), $6,000 (60-69), and $9,000 (70 and over). Reports provided by MoneyGram and Western Union are excluded for these calculations as these data contributors report each transaction separately, which typically affects calculation of an individual’s median loss. About 70% (38,886 reports) of 2021 romance scam reports included age information.

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SEC Proposes Rules to Enhance and Standardize Climate-Related Disclosures for Investors

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Washington D.C., March 21, 2022 —

The Securities and Exchange Commission today proposed rule changes that would require registrants to include certain climate-related disclosures in their registration statements and periodic reports, including information about climate-related risks that are reasonably likely to have a material impact on their business, results of operations, or financial condition, and certain climate-related financial statement metrics in a note to their audited financial statements. The required information about climate-related risks also would include disclosure of a registrant’s greenhouse gas emissions, which have become a commonly used metric to assess a registrant’s exposure to such risks.

“I am pleased to support today’s proposal because, if adopted, it would provide investors with consistent, comparable, and decision-useful information for making their investment decisions, and it would provide consistent and clear reporting obligations for issuers,” said SEC Chair Gary Gensler. “Our core bargain from the 1930s is that investors get to decide which risks to take, as long as public companies provide full and fair disclosure and are truthful in those disclosures. Today, investors representing literally tens of trillions of dollars support climate-related disclosures because they recognize that climate risks can pose significant financial risks to companies, and investors need reliable information about climate risks to make informed investment decisions. Today’s proposal would help issuers more efficiently and effectively disclose these risks and meet investor demand, as many issuers already seek to do. Companies and investors alike would benefit from the clear rules of the road proposed in this release. I believe the SEC has a role to play when there’s this level of demand for consistent and comparable information that may affect financial performance. Today’s proposal thus is driven by the needs of investors and issuers.”

The proposed rule changes would require a registrant to disclose information about (1) the registrant’s governance of climate-related risks and relevant risk management processes; (2) how any climate-related risks identified by the registrant have had or are likely to have a material impact on its business and consolidated financial statements, which may manifest over the short-, medium-, or long-term; (3) how any identified climate-related risks have affected or are likely to affect the registrant’s strategy, business model, and outlook; and (4) the impact of climate-related events (severe weather events and other natural conditions) and transition activities on the line items of a registrant’s consolidated financial statements, as well as on the financial estimates and assumptions used in the financial statements.

For registrants that already conduct scenario analysis, have developed transition plans, or publicly set climate-related targets or goals, the proposed amendments would require certain disclosures to enable investors to understand those aspects of the registrants’ climate risk management.

The proposed rules also would require a registrant to disclose information about its direct greenhouse gas (GHG) emissions (Scope 1) and indirect emissions from purchased electricity or other forms of energy (Scope 2). In addition, a registrant would be required to disclose GHG emissions from upstream and downstream activities in its value chain (Scope 3), if material or if the registrant has set a GHG emissions target or goal that includes Scope 3 emissions. These proposals for GHG emissions disclosures would provide investors with decision-useful information to assess a registrant’s exposure to, and management of, climate-related risks, and in particular transition risks. The proposed rules would provide a safe harbor for liability from Scope 3 emissions disclosure and an exemption from the Scope 3 emissions disclosure requirement for smaller reporting companies. The proposed disclosures are similar to those that many companies already provide based on broadly accepted disclosure frameworks, such as the Task Force on Climate-Related Financial Disclosures and the Greenhouse Gas Protocol.

Under the proposed rule changes, accelerated filers and large accelerated filers would be required to include an attestation report from an independent attestation service provider covering Scopes 1 and 2 emissions disclosures, with a phase-in over time, to promote the reliability of GHG emissions disclosures for investors.

The proposed rules would include a phase-in period for all registrants, with the compliance date dependent on the registrant’s filer status, and an additional phase-in period for Scope 3 emissions disclosure.

The proposing release will be published on SEC.gov and in the Federal Register. The comment period will remain open for 30 days after publication in the Federal Register, or 60 days after the date of issuance and publication on sec.gov, whichever period is longer.

Press release distributed by the SEC.

Featured image by “Climate Emergency – Families facing Climate Change” by John Englart (Takver) is marked with CC BY-SA 2.0.

DTLA residents arrested in connection with COVID-19 relief fraud scheme

"Downtown Los Angeles" by channone is marked with CC BY 2.0.

Los Angeles – Two downtown Los Angeles residents were arrested on a federal criminal complaint alleging they fraudulently obtained more than $300,000 – and attempted to obtain an additional $1 million – in COVID-relief loans for several companies they claimed to own and operate.

Sean Schoepflin, 42, a.k.a. “Sean Fitzgerald,” and Erika Leon, 44, a.k.a. “Erika Fitzgerald,” are each charged with one count of wire fraud, according to a complaint that was unsealed today. They are expected to make their initial appearances this afternoon in United States District Court.

According to an affidavit filed with the complaint, from April 2020 to October 2021, Schoepflin and Leon made numerous false statements to the United States Small Business Administration to secure more than $300,000 – and attempt to secure an additional $1 million – in Economic Injury Disaster Loans (EIDLs) for their businesses.

Schoepflin and Leon allegedly falsely stated that the business entities they created had several employees and several hundred thousand dollars in revenues, and that they would use the EIDLs for working capital for those businesses. Schoepflin also allegedly falsely stated on loan applications that he had never been convicted of a felony.

In fact, their purported businesses – Capital Adventures Inc., Lady Capital Inc., Digital Army Ltd., and Lady Pictures LLP – had no employees and little to no revenue, they used the EIDLs largely for personal expenses, and Schoepflin had previously been convicted of multiple felonies.

For example, Schoepflin falsely stated in one loan application that Capital Adventures had revenues of $560,000 in the 12-month period from February 1, 2019 to January 31, 2020, the affidavit alleges. In June 2020, when an SBA employee sent an email to Schoepflin requesting Capital Adventures’ business tax return to show proof of the company’s existence as a business entity, Schoepflin allegedly sent an unsigned tax form that stated that Capital Adventures had gross sales or receipts of $625,112 in 2019.

In fact, Capital Adventures did not file an IRS Form 1120 for 2019 until July 2021, after it requested and was denied an increase for its EIDL, according to the affidavit. Furthermore, between February 2018 and April 2020, Capital Adventures’ bank accounts had total deposits of approximately $35,000.

The FBI and the Treasury Inspector General for Tax Administration investigated this matter. The Small Business Administration Office of Inspector General provided substantial assistance with the investigation.

Assistant United States Attorneys David Ryan and Solomon Kim of the Terrorism and Export Crimes Section are prosecuting this case.

The Coronavirus Aid, Relief, and Economic Security (CARES) Act was designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April, Congress authorized more than $300 billion in additional PPP funding.

The EIDL program is designed to provide economic relief to small businesses that are currently experiencing a temporary loss of revenue. EIDL proceeds can be used to cover a wide array of working capital and normal operating expenses, such as continuation of health care benefits, rent, utilities, and fixed-debt payments.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at (866) 720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Press release distributed by the FBI.

Featured image: “Downtown Los Angeles” by channone is marked with CC BY 2.0.

SEC proposes rules on cybersecurity risk management, strategy, governance, and incident disclosure by public companies

"13th annual Cyber Defense Exercise_04" by West Point - The U.S. Military Academy is marked with CC BY-NC-ND 2.0.

Washington D.C. — The Securities and Exchange Commission has proposed amendments to its rules to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies.

“Over the years, our disclosure regime has evolved to reflect evolving risks and investor needs,” said SEC Chair Gary Gensler. “Today, cybersecurity is an emerging risk with which public issuers increasingly must contend. Investors want to know more about how issuers are managing those growing risks. A lot of issuers already provide cybersecurity disclosure to investors. I think companies and investors alike would benefit if this information were required in a consistent, comparable, and decision-useful manner. I am pleased to support this proposal because, if adopted, it would strengthen investors’ ability to evaluate public companies’ cybersecurity practices and incident reporting.”

The proposed amendments would require, among other things, current reporting about material cybersecurity incidents and periodic reporting to provide updates about previously reported cybersecurity incidents. The proposal also would require periodic reporting about a registrant’s policies and procedures to identify and manage cybersecurity risks; the registrant’s board of directors’ oversight of cybersecurity risk; and management’s role and expertise in assessing and managing cybersecurity risk and implementing cybersecurity policies and procedures. The proposal further would require annual reporting or certain proxy disclosure about the board of directors’ cybersecurity expertise, if any.

The proposed amendments are intended to better inform investors about a registrant’s risk management, strategy, and governance and to provide timely notification to investors of material cybersecurity incidents.

The proposing release will be published on SEC.gov and in the Federal Register. The comment period will remain open for 60 days following publication of the proposing release on the SEC’s website or 30 days following publication of the proposing release in the Federal Register, whichever period is longer.

Press release distributed by the SEC.

Featured image: “13th annual Cyber Defense Exercise_04” by West Point – The U.S. Military Academy is marked with CC BY-NC-ND 2.0.