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New England Commercial Fisherman Charged with Lacey Act Crimes for Illegally Harvesting Striped Bass

Daniel B. Birkbeck, 46, of North Stonington, Conn., was charged today in federal court with trafficking in and falsifying records for illegally harvested Atlantic Striped Bass.



  • OPA Press Releases

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New England Commercial Fisherman Charged with Lacey Act Crimes for Illegally Harvesting Striped Bass

Daniel B. Birkbeck, 46, of North Stonington, Conn., was charged today in federal court with trafficking in and falsifying records for illegally harvested Atlantic Striped Bass.



  • OPA Press Releases

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Assistant Attorney General Christine Varney Speaks at the U.S. Chamber of Commerce

"To help you evaluate our achievements, I want to talk about developments at the Division on a variety of fronts—including civil merger and non-merger enforcement, international efforts, and competition advocacy work," said Assistant Attorney General Varney.




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Philadelphia Woman Convicted for Role in Fraudulent Commercial Driver’s Licenses Scheme

After a five-day trial, a federal jury in the Eastern District of Pennsylvania found Irina Rakhman, 54, guilty of conspiracy to produce fraudulent identification documents.



  • OPA Press Releases

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U.S. Pharmaceutical Company Merck Sharp &

American pharmaceutical company Merck, Sharp &.



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Department of Justice and Federal Trade Commission Meet with Chinese Ministry of Commerce on Merger Enforcement Matters

Acting Assistant Attorney General Sharis Pozen of the Department of Justice’s Antitrust Division and Federal Trade Commission (FTC) Chairman Jon Leibowitz today met with a delegation from China’s Ministry of Commerce (MOFCOM) to discuss antitrust merger enforcement.



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Four Romanian Nationals Charged with Allegedly Participating in Multimillion Dollar Scheme to Hack into and Steal Credit Card Data from U.S. Merchants

Adrian-Tiberiu Oprea, 27, of Constanta, Romania; Iulian Dolan, 27, of Craiova, Romania; Cezar Iulian Butu, 26, of Ploiesti, Romania; and Florin Radu, 23, of Rimnicu Vilcea, Romania, were charged in a four-count indictment filed in the District of New Hampshire with conspiracy to commit computer fraud, wire fraud and access device fraud.



  • OPA Press Releases

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Pennsylvania Husband and Wife Sentenced to Prison for Fraudulent Commercial Driver’s Licenses Scheme

A Pennsylvania husband and wife were sentenced yesterday to 30 months and 24 months in prison, respectively, for their participation in a scheme to provide out-of-state residents with Pennsylvania driver’s licenses and Pennsylvania commercial driver’s licenses.



  • OPA Press Releases

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Department of Justice Reaches Settlement with Mercer County School District in West Virginia to Ensure Equal Opportunities for ELL Students

The three-year settlement agreement will ensure that this rural district takes appropriate action to serve its small but growing and widely dispersed ELL population.



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United States Intervenes in Suit Against American Commercial College Inc. Alleging False Claims Act Violations

The United States has intervened in a whistleblower suit pending under the False Claims Act against American Commercial College Inc. (ACC), a chain of for-profit colleges located in west Texas.



  • OPA Press Releases

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Attorney General Eric Holder Testifies Before the U.S. House of Representatives Committee on Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies

"“In response to my call to identify savings across the department, almost $700 million in savings have been developed – funds that are being reinvested in critical mission areas. I also want to note that, in the department’s FY 2013 budget of $27.1 billion, proposed spending increases have been exceeded by proposed cuts," said Attorney General Holder.




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Attorney General Eric Holder Testifies Before the U.S. Senate Committee on Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies

"Despite the significant fiscal constraints the federal government has faced in recent years, the 116,000 dedicated employees who serve in Department offices around the world have made significant – and, in many cases, historic – progress in safeguarding our citizens from terrorism, violent crime, financial fraud, and a range of threats that often disproportionately threaten the most vulnerable members of society," said Attorney General Holder.




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U.S. Pharmaceutical Company Merck Sharp & Dohme Sentenced in Connection with Unlawful Promotion of Vioxx

American pharmaceutical company Merck, Sharp & Dohme was sentenced by U.S. District Court Judge Patti B. Saris in Boston to pay a criminal fine in the amount of $321,636,000 in connection with its guilty plea related to its promotion and marketing of the painkiller Vioxx (rofecoxib), the Justice Department announced today.



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Romanian National Extradited to U.S. to Face Charges for Allegedly Participating in Multimillion Dollar Scheme to Hack into and Steal Credit Card Data from U.S. Merchants

Adrian-Tiberiu Oprea, 28, of Constanta, Romania, was extradited to the United States and appeared in federal court in New Hampshire today, to face federal charges relating to his alleged participation in an international multimillion dollar scheme to remotely hack into and steal payment card data from hundreds of U.S. merchants’ “point of sale” computer systems.



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Justice Department Reaches Agreement with Merced County, Calif., on Bailout from the Voting Rights Act

The Justice Department announced that it has reached an agreement with Merced County, Calif., that will allow for the county and some 84 political subdivisions in the county that conduct elections to bail out from their status as “covered jurisdictions” under the special provisions of the Voting Rights Act, and thereby exempt these jurisdictions from the preclearance requirements of Section 5 of the Voting Rights Act. The agreement is in the form of a consent decree filed today in the U.S. District Court for the District of Columbia and must be approved by the court.



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Two Romanian Nationals Plead Guilty to Participating in Multimillion Dollar Scheme to Remotely Hack into and Steal Payment Card Data from Hundreds of US Merchants’ Computers

Two Romanian nationals pleaded guilty today to participating in an international, multimillion-dollar scheme to remotely hack into and steal payment card data from hundreds of U.S. merchants’ computers.



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Special Advisor, International for the Antitrust Division Rachel Brandenburger Speaks at the 29th Annual American Chamber of Commerce EU Competition Policy Conference

It is an honor and a delight to be back here in Brussels to address the AmCham EU Competition Policy Conference this afternoon. I should like also to congratulate our hosts on this year’s commemoration of the 50th anniversary of the Common Market Panel of AmCham Belgium, the forerunner of today’s AmCham EU, which has done so much to foster understanding between the United States and the European Commission in the economic sphere.




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Romanian National Sentenced to 21 Months in Prison for Role in Multimillion-Dollar Scheme to Remotely Hack into and Steal Payment Card Data from Hundreds of U.S. Merchants’ Computers

A Romanian national was sentenced today to serve 21 months in prison for his role in an international, multimillion-dollar scheme to remotely hack into and steal payment card data from hundreds of U.S. merchants’ computers.



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Attorney General Eric Holder Testifies Before the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies

"In the days ahead – as my Justice Department and FBI colleagues continue to work closely with our federal, state, and local partners to investigate the tragedy that took place in Boston on Monday – your continued support will be more critical than ever," said Attorney General Holder.




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Court Authorizes Service of John Doe Summons Seeking the Identities of U.S. Taxpayers with Offshore Accounts at Canadian Imperial Bank of Commerce’s FirstCaribbean International Bank

The Justice Department announced that late yesterday a federal court in San Francisco entered an order authorizing the Internal Revenue Service to serve a John Doe summons seeking information about U.S. taxpayers who may hold offshore accounts at Canadian Imperial Bank of Commerce FirstCaribbean International Bank.



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Romanian National Pleads Guilty to Participating in Multi-Million Dollar Scheme to Steal Payment Card Data from Hundreds of U.S. Merchants

A Romanian national pleaded guilty today to participating in an international, multimillion-dollar scheme to remotely hack into and steal payment card data from hundreds of U.S. merchants’ computers.



  • OPA Press Releases

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Attorney General Eric Holder Testifies Before the U.S. Senate Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies

Thanks to my dedicated colleagues – the nearly 116,000 employees serving in offices around the world – in recent years, the Department has made tremendous progress in protecting the safety, and the sacred rights, of the American people. Nowhere is this clearer than in our work to ensure America’s national security.




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Commercial Fisherman Charged with Witness Tampering Related to an Investigation into the Illegal Harvesting of Striped Bass

Michael D. Hayden Jr., 41, of Tilghman’s Island, Md., was arrested yesterday on charges of witness tampering and retaliation in connection with an investigation of felony Lacey Act violations related to the illegal harvesting of striped bass from the Chesapeake Bay.



  • OPA Press Releases

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Four Commercial Fishermen Indicted in Maryland for Illegal Harvest and Interstate Sale of Striped Bass from Chesapeake Bay

Four commercial fishermen and one company were indicted yesterday by a federal grand jury in Baltimore for a criminal conspiracy involving the illegal harvesting and interstate sale of striped bass on the Chesapeake Bay.



  • OPA Press Releases

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U.S. Departments of Justice and Commerce Name Experts to First-ever National Commission on Forensic Science

The U.S. Department of Justice and the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) today announced appointments to a newly created National Commission on Forensic Science.



  • OPA Press Releases

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Attorney General Eric Holder Testifies Before U.S. Senate Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies

As we convene this morning, I know we’re all mindful of yesterday’s mass shooting at Fort Hood. I am being regularly briefed on the situation and have directed that the full resources of the Department of Justice and the FBI be made available to ensure the security of everyone on base. We will work with local officials and the Department of Defense to provide assistance to those who need it and to help conduct a full and thorough federal investigation.




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Attorney General Eric Holder Testifies Before U.S. House Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies

Despite significant challenges, the past year has been characterized by remarkable progress – from expanding civil rights for all Americans to holding private corporations accountable for wrongdoing. In the financial sector, concerns have been raised recently about a practice called “high-frequency trading.”




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U.S. Charges Five Chinese Military Hackers for Cyber Espionage Against U.S. Corporations and a Labor Organization for Commercial Advantage

A grand jury in the Western District of Pennsylvania (WDPA) indicted five Chinese military hackers for computer hacking, economic espionage and other offenses directed at six American victims in the U.S. nuclear power, metals and solar products industries.



  • OPA Press Releases

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Justice Department Settles Immigration-Related Discrimination Claim Against Commercial Cleaning Systems

The Justice Department reached an agreement today with Commercial Cleaning Systems, a janitorial services company with headquarters in Denver. The agreement resolves claims that the company discriminated against work-authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA)



  • OPA Press Releases

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168 Juveniles Recovered in Nationwide Operation Targeting Commercial Child Sex Trafficking

During the past week, the FBI, its local, state, and federal law enforcement partners, and the National Center for Missing and Exploited Children (NCMEC) conducted Operation Cross Country VIII, a week-long enforcement action to address commercial child sex trafficking throughout the United States



  • OPA Press Releases

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Merchants rejoice as they finally swing open doors and greet customers — with restrictions, of course

Merchants rejoice they finally reopen businesses and greet customers, with social distancing






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Mixed emotions for Mercedes drivers in Hungary

Mercedes drivers Nico Rosberg and Michael Schumacher were left with mixed emotions after enduring contrasting fortunes in Saturday's qualifying session




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Mercedes understands pit lane tyre incident

Ross Brawn says that his Mercedes team understands why Nico Rosberg's wheel came off in the pit lane during the Hungarian Grand Prix




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Mercedes hopes rest with Spa weather

Michael Schumacher will find himself in unfamiliar territory at the back of the grid after his ten place grid demotion means his Mercedes will line up sandwiched between the HRT cars




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Mercedes buoyed by double points haul

Both Nico Rosberg and Michael Schumacher confessed themselves happy with their points scoring finishes after the team-mates finished sixth and seventh respectively at the Belgian Grand Prix




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Mixed fortunes for Mercedes drivers

Mercedes drivers Michael Schumacher and Nico Rosberg suffered mixed fortunes in the Korean Grand Prix




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Horner calls on FIA to rein in Mercedes

Red Bull boss Christian Horner has called on the FIA to rein in Mercedes' advantage over the rest of the field after admitting Renault had a 100bhp deficit to the world champions at the season-opening Australian Grand Prix




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Damage limitation for Mercedes

Mercedes drivers Nico Rosberg and Michael Schumacher admitted there was not much more they could have done after a frustrating German Grand Prix saw them finish in 8th and 9th respectively on home soil




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Rosberg invites Vettel to Mercedes debrief

Nico Rosberg has officially invited Sebastian Vettel to Mercedes' debrief in Malaysia following the pair's tetchy exchange after the Australian Grand Prix




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Plenty more to come from Mercedes - Hamilton

Lewis Hamilton says Mercedes still has work to do to perfect its set-up despite a hugely impressive start to the 2015 season on Friday in Australia




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Vettel's victory a 'wake-up call' for Mercedes

Mercedes boss Toto Wolff says Sebastian Vettel's win for Ferrari in Malaysia has set alarm bells ringing for the reigning world champion




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Hamilton '99.6%' done on new Mercedes £27m deal

Lewis Hamilton is closing on a new Mercedes deal reportedly worth £27 million a year and he expects it to be closed this week




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Ferrari still has work to do to catch Mercedes - Kimi

Kimi Raikkonen says Ferrari still has work to do to be consistently competitive with Mercedes but is confident it has taken a big chunk out of Mercedes lead following Sebastian Vettel's victory in Malaysia




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Mercedes has come good - Rosberg

Nico Rosberg believes his podium at the British Grand Prix was proof the team had bounced back from its disastrous weekend two weeks ago in Valencia




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Mercedes dominates opening practice session

Mercedes started the 2015 season as they finished 2014, holding a significant advantage over the rest of the field during the first practice session for the Australian Grand Prix




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Hamilton beats Rosberg to dominant Mercedes victory

Lewis Hamilton got his title defence off to a flying start with victory over Mercedes team-mate Nico Rosberg at the season-opening Australian Grand Prix




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Vettel beats Mercedes for first Ferrari win

Sebastian Vettel took his first Ferrari victory at the Malaysian Grand Prix and the first for the team in 35 races after beating Mercedes in a battle of tyre degradation and strategy in the heat of Sepang




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The politics of commercial diplomacy, Ex-Im and beyond


As of last week, it has been a full year since the U.S. Export-Import (Ex-Im) Bank—the government export credit agency which lends money to foreign buyers of American exports—has been unable to approve loans over $10 million. This is because Senator Richard Shelby, Republican of Alabama, is single-handedly holding up the nomination of a third member to the Ex-Im Bank’s five person board; all transactions over $10 million require board approval, and short of its required quorum of three members, no major loans can get through. Looking beyond the immediate fight over Ex-Im, however, underlying trends in both American and international politics suggest commercial diplomacy is on the rise.

The Ex-Im Bank is but one of many instruments of American commercial diplomacy; there is a wide range of policies the government uses to actively help individual American companies compete abroad. Through the Overseas Private Investment Corporation (OPIC), the U.S. government sells political risk insurance to American firms investing in “risky” developing countries. Moreover, U.S. ambassadors frequently lobby foreign governments to award procurement contracts to American firms. Similarly, officials from the Department of State, Department of Commerce, and Office of the U.S. Trade Representative often advocate for U.S. companies involved in investment disputes with foreign governments. What distinguishes active commercial diplomacy from general foreign economic policy—such as signing trade agreements—is that in involves deploying the resources and reputation of the government to help specific firms in particular transactions, rather than broadly setting the rules of the road for all firms to follow. It represents a significantly greater co-mingling of interests and activities between public and private actors.

While both Secretary of State John Kerry and Secretary of Commerce Penny Pritzker have placed considerable emphasis on advancing commercial diplomacy, the long running struggle to keep Ex-Im operating underlines the political fault lines that cut through the issue. On the one hand, as highlighted in the Ex-Im fight, commercial diplomacy can be criticized as crony capitalism or corporate welfare. Government resources are being used to support private gains. Thus those who prefer free and unfettered markets may see commercial diplomacy as simply another form of unnecessary government intervention, akin to industrial policy. At the same time, as globalization has come under attack from both the left and the right in this election cycle, it is easy to see how encouraging further globalization through commercial diplomacy could face populist pushback. Those supporting commercial diplomacy tend to favor greater integration in the global economy—a view which has found little support in the 2016 campaigns to date.

And yet, the current trends in American political debates over globalization may ultimately presage more, not less, reliance on commercial diplomacy. If politicians increasingly view the global economy through a zero-sum, mercantilist lens, they may be more eager to use the power and purse of the U.S. government to help American firms “win” abroad. Indeed, Congress, which has historically been more protectionist than the executive branch, has also consistently pushed the State Department to do more to actively defend the interests of U.S. companies operating overseas (see, for example, here and here). Aggressively fighting to help U.S. companies win contracts and compete abroad could be one plank of an “America First” policy. Thus even if America, and the world, becomes more protectionist, foreign economic policy may become even more preoccupied with assertive commercial diplomacy, even as interest in seeking mutual benefits through economic liberalization subsides.

If the U.S. government does start to prioritize more actively helping American firms in their foreign operations, it will still have a ways to go to catch up to many other countries. China, of course, is well known for using state resources to advance the commercial goals of Chinese firms venturing abroad—which should not be surprising, given that many of these firms are state-owned enterprises. But a number of other advanced democracies—including Japan, Korea, Germany, and France—also have closer and more coordinated relationships between big business and government than the U.S. does. And most of these countries show no signs of slowing down. As a recent report (PDF) from the Ex-Im bank notes, “In the wake of slowing global growth, foreign export credit agencies are becoming more aggressive.” In fact, some of these agencies are capitalizing on Ex-Im’s current plight, offering American companies export financing in return for the promise of job creation. General Electric Co., for instance, recently announced it would expand production in France because Coface, the French equivalent of Ex-Im, will finance GE projects in a number of emerging markets—the type of financing that GE used to get from Ex-Im.

Looking forward, unilateral disarmament in the competitive world of commercial diplomacy—as the U.S. is currently doing with the Ex-Im Bank—is likely to become increasingly rare. The ultimate effects of this accelerating international competition, in both economic and political terms, remain to be seen.