Endeavor Executives Resign from Live Nation Board of Directors after Justice Department Expresses Antitrust Concerns

The Department of Justice announced today that two executives of Endeavor Group Holdings Inc. – Chief Executive Officer and Director Ariel Emanuel, and President Mark Shapiro – have resigned their positions on the Live Nation Entertainment Inc. Board of Directors after the department expressed concerns that their positions on the Live Nation Board created an illegal interlocking directorate. An interlocking directorate is where one person – or an agent of one person or company – serves as an officer or director of two companies. Section 8 of the Clayton Act prohibits the same person or company from serving as an officer or director of two competing companies, except under certain defined safe harbors. 

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    In U.S GAO News
    The Department of State (State) coordinates with other federal agencies to advance U.S. interests in cyberspace, but it has not involved these agencies in the development of its plan to establish a new cyber diplomacy bureau. In 2019, State informed Congress of its plan to establish a new Bureau of Cyberspace Security and Emerging Technologies (CSET) to align cyberspace policy resources with an international security focus and improve coordination with other agencies working on these issues. However, officials from six agencies that work with State on cyber diplomacy efforts told GAO that State did not inform or involve them in the development of its plan to establish CSET. GAO's prior work on government reorganization has shown that it is important for agencies to involve other agency stakeholders in developing proposed reforms to obtain their views. Without involving and communicating with agency partners on its reorganization plan, State lacks assurance that it will effectively achieve its goals for establishing CSET, and it increases the risk of negative effects from unnecessary fragmentation, overlap, and duplication of cyber diplomacy efforts. The United States and its allies are facing expanding foreign cyber threats as international trade, communication, and critical infrastructure become increasingly dependent on cyberspace. State leads U.S. cyber diplomacy efforts and coordinates with other agencies to improve the cybersecurity of the nation. Members of Congress have proposed, through the Cyber Diplomacy Act of 2019 (H.R. 739), to establish a new office within State that would consolidate responsibility for digital economy and internet freedom issues, together with international cybersecurity issues. State subsequently notified Congress of its plan to establish CSET, with a narrower focus on cyberspace security and emerging technologies. The United States and its allies are facing expanding foreign cyber threats as international trade, communication, and critical infrastructure become increasingly dependent on cyberspace. State leads U.S. cyber diplomacy efforts and coordinates with other agencies to improve the cybersecurity of the nation. Members of Congress have proposed, through the Cyber Diplomacy Act of 2019 (H.R. 739), to establish a new office within State that would consolidate responsibility for digital economy and internet freedom issues, together with international cybersecurity issues. State subsequently notified Congress of its plan to establish CSET, with a narrower focus on cyberspace security and emerging technologies. GAO was asked to review elements of State's planning process for establishing a new cyber diplomacy bureau. This report examines the extent to which State involved the Departments of Commerce, Defense, Energy, Homeland Security, Justice, and the Treasury in the development of its plan for establishing CSET. GAO reviewed available documentation from State on its planning process for establishing the new bureau and interviewed officials from State and six other agencies. To determine the extent to which State involved other agencies in its planning effort, GAO assessed State's efforts against relevant key practices for agency reforms compiled in GAO's June 2018 report on government reorganization. As part of our ongoing work on this topic, we are also continuing to monitor and review State's overall planning process for establishing this new bureau. GAO recommends that State involve federal agencies that contribute to cyber diplomacy to obtain their views and identify any risks, such as unnecessary fragmentation, overlap, and duplication of these efforts, as it implements its plan to establish CSET. State did not concur, citing that other agencies are not stakeholders in an internal State reform, and that it was unware that these agencies had consulted with State before reorganizing their own cyberspace security organizations. GAO stands by the recommendation and maintains that State's agency partners are key stakeholders, as they work closely with State on a range of cyber diplomacy efforts. Further, as the leader of U.S. government international efforts to advance U.S. interests in cyberspace, it is important for State to incorporate leading practices to ensure the successful implementation of its reorganization effort. For more information, contact Brian M. Mazanec at 202-512-5130 or MazanecB@gao.gov, or Nick Marinos at 202-512-9342 or MarinosN@gao.gov.
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  • Federal Research Grants: OMB Should Take Steps to Establish the Research Policy Board
    In U.S GAO News
    As of January 2021, the Office of Management and Budget (OMB) had not established the Research Policy Board as required by the 21st Century Cures Act. The act requires OMB to establish the Board within 1 year of the December 13, 2016 enactment of the act. The Board is to provide information on the effects of regulations related to federal research requirements. OMB stated that it had not established the Board because of issues with the Department of Health and Human Services’ (HHS) and other federal agencies’ full participation in the Board’s potential activities to develop or implement a modified approach to indirect cost policies. According to OMB, “the Board would necessarily delve into issues related to compliance burden and indirect cost reimbursement to entities that receive federal funding for research.” Specifically, OMB pointed to a statutory provision appearing in annual appropriations bills that it believes prohibits HHS and other agencies from taking action on issues that could implicate certain indirect cost provisions. According to OMB, this provision could, if continued in future bills, “complicate or even possibly prohibit HHS from participating in major elements of the Board’s process.” OMB stated that, without representation of a major research agency such as the National Institutes of Health (NIH), which is part of HHS, “OMB would not be equipped to meet the statutory goals of the Board.” However, HHS stated in October 2020 that the indirect cost provision would not prohibit NIH’s participation on the Board and that the department was not aware of any other appropriations law provision that would prohibit such participation. GAO has no basis to disagree with HHS’s position. The 21st Century Cures Act does not specifically direct the Board to examine issues related to indirect costs, and we identified other issues that may fall within the scope of the Board’s activities. For example, the act specifies five activities that the Board may conduct, including creating a forum for the discussion of research policy or regulatory gaps, and identifying regulatory process improvements and policy changes. The Board could consider examining these or other issues related to streamlining and harmonizing regulations and reducing administrative burden in federally funded research in accordance with the 21st Century Cures Act. By not having established the Board, OMB is missing opportunities for the Board to provide information on the effects of regulations related to requirements for federally funded research, and to make recommendations to harmonize and streamline such requirements. Further, OMB has limited time to establish the Board and the Board may have insufficient time to complete its work before the Board is set to terminate on September 30, 2021. The 21st Century Cures Act requires OMB to establish an advisory committee, to be known as the Research Policy Board, that is responsible for making recommendations on modifying and harmonizing regulation of federally funded research to reduce administrative burden. The Board is to consist of both federal and non-federal members and include not more than 10 members from federal agencies, including officials from OMB, the Office of Science and Technology Policy (OSTP), HHS, the National Science Foundation, and other departments and agencies that support or regulate scientific research, as determined by the OMB Director. The 21st Century Cures Act includes a provision for GAO to conduct an independent evaluation of the Board’s activities. This report examines the steps OMB has taken to establish the Board as required by the 21st Century Cures Act. GAO reviewed written responses and other information from OMB, HHS, and OSTP; the 21st Century Cures Act and other laws related to the Board and its establishment; relevant reports on issues related to administrative burden; and related documents such as memoranda and agency guidance. GAO submitted a draft report containing the results of its evaluation to Congress on December 10, 2020. Congress should consider extending the period of authorization for the Research Policy Board, giving OMB additional time to establish the Research Policy Board and complete its statutory mission under the 21st Century Cures Act. GAO recommends that OMB establish the Research Policy Board as mandated by the 21st Century Cures Act and report to Congress on the Board’s activities. OMB did not agree or disagree with this recommendation. We maintain that the evidence in this report shows the need for our recommendation. For more information, contact John Neumann at (202) 512-6888 or neumannj@gao.gov.
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    In Crime Control and Security News
    Ned Price, Department [Read More…]
  • CEO Sentenced to Prison in $150 Million Health Care Fraud, Opioid Distribution, and Money Laundering Scheme
    In Crime News
    The chief executive officer of a Michigan and Ohio-based group of pain clinics and other medical providers was sentenced today to 15 years in prison for developing and approving a corporate policy to administer unnecessary back injections to patients in exchange for prescriptions of over 6.6 million doses of medically unnecessary opioids.
    [Read More…]
  • Justice Department Seeks to Shut Down Fraudulent Chicago-Area Tax Return Preparer
    In Crime News
    The United States has filed a complaint in the U.S. District Court for the Northern District of Illinois, Eastern Division, seeking to enjoin a tax preparer from South Chicago Heights, Illinois, from preparing federal income tax returns for others.
    [Read More…]
  • Attorney General Merrick B. Garland Delivers Remarks at Joint DOJ-EPA Event with EPA Administrator Michael S. Regan: Promoting Justice for Victims of Environmental Crime
    In Crime News
    Good afternoon and thank you so much for those kind words, Kris.
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  • Mauritania Travel Advisory
    In Travel
    Reconsider travel to [Read More…]
  • National Health Care Fraud and Opioid Takedown Results in Charges Against 345 Defendants Responsible for More than $6 Billion in Alleged Fraud Losses
    In Crime News
    Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, Assistant Director Calvin Shivers of the FBI’s Criminal Investigative Division, Deputy Inspector General Gary Cantrell of the Department of Health and Human Services Office of Inspector General (HHS-OIG) and Assistant Administrator Tim McDermott of the Drug Enforcement Administration (DEA) today announced a historic nationwide enforcement action involving 345 charged defendants across 51 federal districts, including more than 100 doctors, nurses and other licensed medical professionals. 
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  • Department of Defense: Actions Needed to Improve Accounting of Intradepartmental Transactions
    In U.S GAO News
    The Department of Defense (DOD) has a long-standing material weakness related to intradepartmental transactions. Intradepartmental transactions occur when trading partners within the same department engage in business activities—such as the Department of the Army as a seller and the Department of the Navy as a buyer within DOD. As part of the standard process of preparing department-wide financial statements, intradepartmental transaction amounts are eliminated to avoid overstating accounts for DOD. For the fourth quarter of fiscal year 2019, DOD eliminated approximately $451 billion of net intradepartmental activity. Auditors continue to report a material weakness related to DOD's processes for recording and reconciling intradepartmental transaction amounts that are necessary to eliminate the transactions and prepare reliable consolidated financial statements. DOD has identified implementation of the Government Invoicing (G-Invoicing) system as its long-term solution to account for and support its intradepartmental activities. In fiscal year 2020, DOD issued a policy requiring all DOD components to use G-Invoicing's General Terms and Conditions (GT&C) functionality for initiating and approving GT&C agreements—a necessary step for using subsequent G-Invoicing functionalities (see figure). GAO found the use of this functionality varied among selected DOD components because of issues such as inconsistency in DOD policies and numerous changes to G-Invoicing system specifications. If DOD components do not implement the GT&C functionality, there is an increased risk of delay in full implementation of G-Invoicing to help remediate the intradepartmental eliminations material weakness. General Terms and Conditions Agreement Process in Government Invoicing Although DOD has identified G-Invoicing as its long-term solution, GAO found that DOD has not implemented an overall department-wide strategy to address its intradepartmental eliminations material weakness in the short term. Further, GAO found that while DOD issued a department-wide policy in May 2019 with new requirements for reconciling intradepartmental transactions, the Defense Finance and Accounting Service and selected DOD components have not updated their policies or implemented several of the new requirements. Without a short-term strategy that includes identifying the causes of issues and consistently implementing department-wide policies across DOD, DOD's efforts to resolve differences in intradepartmental transaction amounts—including its efforts in the long term—will likely be inefficient and ineffective. Since 1995, GAO has designated DOD financial management as high risk because of pervasive weaknesses in its financial management systems, controls, and reporting. DOD's long-standing intradepartmental eliminations material weakness reflects DOD's inability to adequately record and reconcile its intradepartmental transactions, and has affected DOD's ability to prepare auditable financial statements. GAO was asked to evaluate DOD's process for performing intradepartmental eliminations. This report examines the extent to which DOD has (1) identified and taken steps to address issues related to intradepartmental eliminations and (2) established and implemented policies and procedures related to intradepartmental eliminations. GAO interviewed DOD officials about intradepartmental eliminations processes and reviewed DOD policies and procedures to identify the extent to which procedures have been implemented to record and reconcile intradepartmental transactions. GAO is making five recommendations to DOD, including that DOD should (1) take actions to ensure that its components follow its policy for using G-Invoicing's GT&C functionality and (2) develop short-term solutions that address causes for trading partner differences before G-Invoicing is fully implemented. DOD agreed with all five recommendations and cited actions to address them. For more information, contact Kristen Kociolek at (202) 512-2989 or kociolekk@gao.gov.
    [Read More…]
  • Readout of Acting Attorney General Monty Wilkinson, FBI Director Christopher Wray and Assistant to the President for Homeland Security Dr. Elizabeth Sherwood-Randall from the Funeral of FBI Special Agent Laura Schwartzenberger
    In Crime News
    Acting United States Attorney General Monty Wilkinson, FBI Director Christopher Wray and President Joe Biden’s Homeland Security Advisor Dr. Elizabeth Sherwood-Randall led a United States Government delegation to Fort Lauderdale, Florida today that attended the funeral service for fallen FBI Special Agent Laura Schwartzenberger. 
    [Read More…]
  • Georgia Correctional Officer Pleads Guilty to Civil Rights Offense for Assaulting Inmate
    In Crime News
    Brian Ford, 23, a correctional officer at the Valdosta State Prison (VSP) in Valdosta, Georgia, pleaded guilty today to one count of using excessive force against an inmate housed at the facility.
    [Read More…]
  • Three Tribal Officials Charged in Bribery Scheme
    In Crime News
    Two current tribal government officials and one former tribal government official of the Three Affiliated Tribes of the Mandan, Hidatsa, and Arikara Nation (MHA Nation) were charged by criminal complaint unsealed today for their alleged acceptance of bribes and kickbacks from a contractor providing construction services on the Fort Berthold Indian Reservation (FBIR), which is the home of the MHA Nation.
    [Read More…]