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Paul Merrell

Wells Fargo Fined Over Secret Sales Policy to Open Fake Customer Accounts - nsnbc inter... - 0 views

  • The Consumer Financial Protection Bureau (CFPB) has fined Wells Fargo for $100 million based on fraudulent customer account practices. An additional $85 million is to be paid to the city of Los Angeles in California, along with the Office of the Comptroller of the Currency.
  • Last year Wells Fargo was sued by employees (current and former) and customers all across the nation for setting up “unwanted accounts, unwarranted fees”. According to the lawsuit, this was “the largest California-based bank violated state and federal laws by misusing confidential information and failing to notify customers when personal information was breached.” Using “aggressive tactics” to coerce new customers, Wells Fargo made it “difficult to correct the mistakes” made by Wells Fargo and return fees to customers because of “high-pressure sales culture set unrealistic quotas, spurring employees to engage in fraudulent conduct to keep their jobs and boost the company’s profits.” Over the course of an extended period of time, “Wells Fargo employees secretly opened unauthorized accounts to hit sales targets and receive bonuses.” There were 1.5 million accounts opened without the authorization of customers and 500,000 credit cards accounts to boot. Wells Fargo has consistently blames “a few rogue employees. Five hundred employees were terminated, according to a Wells Fargo spokesperson. There was no mention of rescinding of bonuses paid to those employees, and there is no clear evidence that executive’s payouts totaling $155 million for “performance based compensation” for 2012 through 2013 was returned to the bank.
  • Those bonuses were administered based on the fraudulent accounts opened without customer approval. In a statement, Wells Fargo expressed belated regret and a sudden desire to “take responsibility for any instances where customers may have received a product that they did not request.” The training that caused this problem in the first place was a cross-selling strategy called “Going For Gr-Eight” which is a brochure for employees to push banking products onto households of existing customers to increase fee potential and overall profitability. Wells Fargo “staffers, fearing disciplinary action from managers, begged friends and family members to open ghost accounts” and forged signatures “and falsified phone numbers” of customers who did not want to open an account. This practice drove Wells Fargo’s financial success with an estimated “26% of the company’s revenue was from fee income, including those from credit and debit card accounts, trusts and investments.” The bank not only stole money from customers but “also damage their credit scores” and put some into collections to garner fees “for unauthorized accounts went unpaid”. In case of a complaining customer, Wells Fargo would “sandbag” their customers; meaning “failing to open accounts when requested by customers, and instead accumulating a number of account applications to be opened at a later date.”
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  • Another devious tactic Wells Fargo employed was “bundling” or “incorrectly informing customers that certain products are available only in packages with other products such as additional accounts, insurance, annuities, and retirement plans.” This is not an isolated incident. Wells Fargo has fired 5,300 employees for this same “illegal behavior”. Beyond this questionable business practice, Wells Fargo was previously recognized by the CFPB for misapplying student loan payments in order to increase fee income. In this case, Wells Fargo was fined $3.6 million and forced to pay $410,000 to student loan borrowers for restitution.
Gary Edwards

MF Global: Where's the Cash? -- Part II | ZeroHedge - 0 views

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    It's complicated.  The bottom line is that we know where the $1.6 Billion in customer assets, squandered and "lost" by Corzine, is.  JP Morgan is holding the bulk of it, and due to recent changes in the 546(e) section of the Federal Bankruptcy code, JP Morgan and the other big banksters will be able to keep that money from it's rightful owners.  Oh, yeah.  One other thing.  The big banksters now running off with the assets of investors are the very same people who lobbied hard and heavy ($$$) to have the changes in the code pushed through by their unwitting stooges in Congress. excerpt: This week in The Institutional Risk Analyst we published a comment on the ongoing financial genocide at MF Global, "MF Global: Where's the Cash?"  http://us1.irabankratings.com/pub/IRAstory.asp?tag=515 The comment correctly identifies the location of the "missing" $1.6 billion as JP Morgan Chase and other bank custodians of MF Global.  The trouble is that even though we now know where the missing customer money has gone, namely JPMorgan, there is little chance that the defrauded customers of Jon Corzine will ever recover a dime. Here's the link to a video by William Rochelle of Bloomberg News explaining how the safe harbor in Section 546(e) of the Bankruptcy Code likely will prevent MF Global customers from ever getting their $1.6 billion back -- even when it's located, as it has been evidently. ... (MONEY SHOT) The problem here is that the existing laws against pillaging customer accounts and other acts of fraud are in conflict with the bankruptcy statute designed to make the world safe for large banks and over-the-counter derivatives.  Specifically, the post 2005 bankruptcy laws prohibit trustees from clawing back the $1.6 billion in stolen customer funds.  Indeed, the Bankruptcy Court and trustee are precluded from pursuing the banks just as the trustee in the Madoff fraud has likewise been stymied.    In addition to the clients of MF Global who were ap
Paul Merrell

EXCLUSIVE: Chase to Charge Customers Fees For Handing Cash Deposits - Top US World News... - 0 views

  • Beginning August 1st of this year, JP Morgan & Chase Co. will charge their customers for depositing cash into their accounts. According to an internal document sent to account holders, in less than a month from now “the fee for all types of Cash Deposit Processing (CDP) will be $0.25 per $100 [deposited]. The CDP fee will only apply after you exceed your account’s cash deposit limit.” One reason for Chase to charge their customers a fee on cash deposits may reside in the fact that the major banks are “charging customers who deposit lots of cash.” Wherein Chase is charging customers for every $100 in cash deposited, other banks are charging on every cash deposit of $10,000; or $0.20 on every $100 deposited. Kris Dawsey, economist for Goldman Sachs, warned about banks charging customers fees for simply depositing cash into their account in 2013.
  • When asked about a meeting of the Federal Reserve (Fed) Board and the Federal Open Market Committee (FOMC), wherein it was revealed that the 0.25% annual interest rate on money that the banks keep in the Fed would be reduced, Dawsey said: “One risk is that the move could prompt charges … on bank deposits.” Last November, Kristin Lemkau, spokesperson for JP Morgan & Chase Co said: “We have no intention of charging for retail customer deposits.” However this promise has not been kept. David George, analyst for Robert W. Baird & Co, explains that the financial institutions “would need to find alternative revenue sources to compensate” because of this decline in the Fed’s interest rate and fees on deposits “would be the most likely” option.
  • George said: “Having a bank account is a service, like the water and electric bill. And it has become less and less profitable.” Wayne Abernathy, executive vice president of the American Bankers Association confirmed: “Banks could respond to a drop in the Fed’s interest rate by charging a fee to large business customers that hold millions of dollars in savings accounts. Banks must bear the expense of managing that money.” Analysts say the Durbin Amendment within the Dodd Frank Act which limited fees imposed by merchant retailers onto banks who issue debit cards “has effectively hit consumer-banking revenues pretty hard.” When accessing debits, banks view checking accounts as high-risk and costing “a lot of money” to the banks.
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    Remember the days when banks' only source of money to lend was customer deposits?
Paul Merrell

Microsoft to host data in Germany to evade US spying | Naked Security - 0 views

  • Microsoft's new plan to keep the US government's hands off its customers' data: Germany will be a safe harbor in the digital privacy storm. Microsoft on Wednesday announced that beginning in the second half of 2016, it will give foreign customers the option of keeping data in new European facilities that, at least in theory, should shield customers from US government surveillance. It will cost more, according to the Financial Times, though pricing details weren't forthcoming. Microsoft Cloud - including Azure, Office 365 and Dynamics CRM Online - will be hosted from new datacenters in the German regions of Magdeburg and Frankfurt am Main. Access to data will be controlled by what the company called a German data trustee: T-Systems, a subsidiary of the independent German company Deutsche Telekom. Without the permission of Deutsche Telekom or customers, Microsoft won't be able to get its hands on the data. If it does get permission, the trustee will still control and oversee Microsoft's access.
  • Microsoft CEO Satya Nadella dropped the word "trust" into the company's statement: Microsoft’s mission is to empower every person and every individual on the planet to achieve more. Our new datacenter regions in Germany, operated in partnership with Deutsche Telekom, will not only spur local innovation and growth, but offer customers choice and trust in how their data is handled and where it is stored.
  • On Tuesday, at the Future Decoded conference in London, Nadella also announced that Microsoft would, for the first time, be opening two UK datacenters next year. The company's also expanding its existing operations in Ireland and the Netherlands. Officially, none of this has anything to do with the long-drawn-out squabbling over the transatlantic Safe Harbor agreement, which the EU's highest court struck down last month, calling the agreement "invalid" because it didn't protect data from US surveillance. No, Nadella said, the new datacenters and expansions are all about giving local businesses and organizations "transformative technology they need to seize new global growth." But as Diginomica reports, Microsoft EVP of Cloud and Enterprise Scott Guthrie followed up his boss’s comments by saying that yes, the driver behind the new datacenters is to let customers keep data close: We can guarantee customers that their data will always stay in the UK. Being able to very concretely tell that story is something that I think will accelerate cloud adoption further in the UK.
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  • Microsoft and T-Systems' lawyers may well think that storing customer data in a German trustee data center will protect it from the reach of US law, but for all we know, that could be wishful thinking. Forrester cloud computing analyst Paul Miller: To be sure, we must wait for the first legal challenge. And the appeal. And the counter-appeal. As with all new legal approaches, we don’t know it is watertight until it is challenged in court. Microsoft and T-Systems’ lawyers are very good and say it's watertight. But we can be sure opposition lawyers will look for all the holes. By keeping data offshore - particularly in Germany, which has strong data privacy laws - Microsoft could avoid the situation it's now facing with the US demanding access to customer emails stored on a Microsoft server in Dublin. The US has argued that Microsoft, as a US company, comes under US jurisdiction, regardless of where it keeps its data.
  • Running away to Germany isn't a groundbreaking move; other US cloud services providers have already pledged expansion of their EU presences, including Amazon's plan to open a UK datacenter in late 2016 that will offer what CTO Werner Vogels calls "strong data sovereignty to local users." Other big data operators that have followed suit: Salesforce, which has already opened datacenters in the UK and Germany and plans to open one in France next year, as well as new EU operations pledged for the new year by NetSuite and Box. Can Germany keep the US out of its datacenters? Can Ireland? Time, and court cases, will tell.
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    The European Community's Court of Justice decision in the Safe Harbor case --- and Edward Snowden --- are now officially downgrading the U.S. as a cloud data center location. NSA is good business for Europeans looking to displace American cloud service providers, as evidenced by Microsoft's decision. The legal test is whether Microsoft has "possession, custody, or control" of the data. From the info given in the article, it seems that Microsoft has done its best to dodge that bullet by moving data centers to Germany and placing their data under the control of a European company. Do ownership of the hardware and profits from their rent mean that Microsoft still has "possession, custody, or control" of the data? The fine print of the agreement with Deutsche Telekom and the customer EULAs will get a thorough going over by the Dept. of Justice for evidence of Microsoft "control" of the data. That will be the crucial legal issue. The data centers in Germany may pass the test. But the notion that data centers in the UK can offer privacy is laughable; the UK's legal authority for GCHQ makes it even easier to get the data than the NSA can in the U.S.  It doesn't even require a court order. 
Paul Merrell

Hacking Team Asks Customers to Stop Using Its Software After Hack | Motherboard - 0 views

  • But the hack hasn’t just ruined the day for Hacking Team’s employees. The company, which sells surveillance software to government customers all over the world, from Morocco and Ethiopia to the US Drug Enforcement Agency and the FBI, has told all its customers to shut down all operations and suspend all use of the company’s spyware, Motherboard has learned. “They’re in full on emergency mode,” a source who has inside knowledge of Hacking Team’s operations told Motherboard.
  • Hacking Team notified all its customers on Monday morning with a “blast email,” requesting them to shut down all deployments of its Remote Control System software, also known as Galileo, according to multiple sources. The company also doesn’t have access to its email system as of Monday afternoon, a source said. On Sunday night, an unnamed hacker, who claimed to be the same person who breached Hacking Team’s competitor FinFisher last year, hijacked its Twitter account and posted links to 400GB of internal data. Hacking Team woke up to a massive breach of its systems.
  • A source told Motherboard that the hackers appears to have gotten “everything,” likely more than what the hacker has posted online, perhaps more than one terabyte of data. “The hacker seems to have downloaded everything that there was in the company’s servers,” the source, who could only speak on condition of anonymity, told Motherboard. “There’s pretty much everything here.” It’s unclear how the hackers got their hands on the stash, but judging from the leaked files, they broke into the computers of Hacking Team’s two systems administrators, Christian Pozzi and Mauro Romeo, who had access to all the company’s files, according to the source. “I did not expect a breach to be this big, but I’m not surprised they got hacked because they don’t take security seriously,” the source told me. “You can see in the files how much they royally fucked up.”
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  • For example, the source noted, none of the sensitive files in the data dump, from employees passports to list of customers, appear to be encrypted. “How can you give all the keys to your infrastructure to a 20-something who just joined the company?” he added, referring to Pozzi, whose LinkedIn shows he’s been at Hacking Team for just over a year. “Nobody noticed that someone stole a terabyte of data? You gotta be a fuckwad,” the source said. “It means nobody was taking care of security.”
  • The future of the company, at this point, it’s uncertain. Employees fear this might be the beginning of the end, according to sources. One current employee, for example, started working on his resume, a source told Motherboard. It’s also unclear how customers will react to this, but a source said that it’s likely that customers from countries such as the US will pull the plug on their contracts. Hacking Team asked its customers to shut down operations, but according to one of the leaked files, as part of Hacking Team’s “crisis procedure,” it could have killed their operations remotely. The company, in fact, has “a backdoor” into every customer’s software, giving it ability to suspend it or shut it down—something that even customers aren’t told about. To make matters worse, every copy of Hacking Team’s Galileo software is watermarked, according to the source, which means Hacking Team, and now everyone with access to this data dump, can find out who operates it and who they’re targeting with it.
Paul Merrell

Wells Fargo in Hot Water with US Regulators & Fed After Lawsuit - nsnbc international |... - 0 views

  • Wells Fargo is facing a probe by the Officer of the Comptroller of the Currency (OCC) and the San Francisco Federal Reserve Bank (SFFR) into their allegedly unethical business practices.
  • Back in May Wells Fargo was sued by employees (current and former) and customers all across the nation for setting up “unwanted accounts, unwarranted fees”. This lawsuit “contends the largest California-based bank violated state and federal laws by misusing confidential information and failing to notify customers when personal information was breached.” Using “aggressive tactics” to coerce new customers, WF made it “difficult to correct the mistakes” made by WF and return fees to customers because of “high-pressure sales culture set unrealistic quotas, spurring employees to engage in fraudulent conduct to keep their jobs and boost the company’s profits.” Los Angeles City Attorney Mike Feuer said: “In its push for growth, Wells Fargo often elevated its profits over the legal rights of its customers.”
  • For 2 years, Feuer has been investigating how WF “staffers, fearing disciplinary action from managers, begged friends and family members to open ghost accounts” and forged signatures “and falsified phone numbers” of customers who did not want to open an account. This practice drove WF success with an estimated “26% of the company’s revenue was from fee income, including those from credit and debit card accounts, trusts and investments.” WF not only stole money from customers but “also damage their credit scores” and put some into collections to garner fees “for unauthorized accounts went unpaid”. According to the 19-page complaint, WF would “sandbag” their customers; meaning “failing to open accounts when requested by customers, and instead accumulating a number of account applications to be opened at a later date.” Another devious tactic WF employed was “bundling” or “incorrectly informing customers that certain products are available only in packages with other products such as additional accounts, insurance, annuities, and retirement plans.”
Paul Merrell

HSBC Bank on Verge of Collapse: Second Major Banking Crash Imminent | I Acknowledge - 0 views

  • Concerns about an imminent bank crash were further fuelled today at news that HSBC are restricting the amount of cash that customers can withdraw from their own bank accounts.  Customers were told that without proof of the intended use of their own money, HSBC would refuse to release it.  This, and other worrying signs point to a possible financial crash in the near future.
  • HSBC is scrambling to manage a seemingly terminal liquidity crisis (a lack of hard cash) that could see the bank become the next Northern Rock – and trigger a bank crash.  The analyst’s advice is for shareholders to sell HSBC investments, and customers to move their accounts elsewhere before the crash.
  • According a report by the BBC’s MoneyBox Programme, HSBC customers have gone to withdraw cash from their accounts, only to find HSBC would not release the funds.  Customers were told to make a bank transfer instead, unless they provided documentation proving the intended use of the money.
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  • Mr Cotton is not alone, with other customers seeking to withdraw cash amounts over £3,000 facing the same obstacles.  While HSBC argue there is comes customer security interest here, the story simply doesn’t add up.  Customer identification is required for large withdrawals, not customer intentions – a person’s cash is theirs to withdraw and place wherever they so wish.  Instead, HSBC has been found to have a capitalization black hole (gap between actual cash and obligations) of $80bn.  The message is simple, get your money out now.
  • The major banks and states appear to be preparing for impending crisis, while pretending to the public that the economic situation is improving. There is a gold rush underway, with Banks and States frantically buying up as much gold reserve as they can, stoking fears that confidence in currency is at an all-time low.  In recent months and weeks, banks like HSBC and JP Morgan, and states such as the US, Germany and China have joined the gold rush, making vast purchases of stocks. Investment analysts at Seeking Alpha have been monitoring the strange activity on the COMEX, stating: “keeping track of COMEX inventories is something that is recommended for all serious investors who own physical gold and the gold ETFs (SPDR Gold Shares (GLD), PHYS, and CEF) because any abnormal inventory declines may signify extraordinary events behind the scenes.”
Paul Merrell

Why AT&T's Surveillance Report Omits 80 Million NSA Targets | Threat Level | Wired.com - 0 views

  • AT&T this week released for the first time in the phone company’s 140-year history a rough accounting of how often the U.S. government secretly demands records on telephone customers. But to those who’ve been following the National Security Agency leaks, Ma Bell’s numbers come up short by more than 80 million spied-upon Americans. AT&T’s transparency report counts 301,816 total requests for information — spread between subpoenas, court orders and search warrants — in 2013. That includes between 2,000 and 4,000 under the category “national security demands,” which collectively gathered information on about 39,000 to 42,000 different accounts. There was a time when that number would have seemed high. Today, it’s suspiciously low, given the disclosures by whistleblower Edward Snowden about the NSA’s bulk metadata program. We now know that the secretive Foreign Intelligence Surveillance Court is ordering the major telecoms to provide the NSA a firehose of metadata covering every phone call that crosses their networks. An accurate transparency report should include a line indicating that AT&T has turned over information on each and every one of its more than 80 million-plus customers. It doesn’t.
  • That’s particularly ironic, given that it was Snowden’s revelations about this so-called “Section 215″ metadata spying that paved the way for the transparency report. In Snowden’s wake, technology companies pushed President Barack Obama to craft new rules allowing them to be more transparent about how much customer data they’re forced to provide the NSA and other agencies. In a Jan. 17 globally televised speech, Obama finally agreed. We will also enable communications providers to make public more information than ever before about the orders they have received to provide data to the government. But when the new transparency guidelines came out on Jan. 27, the language left it unclear whether discussing bulk collection was allowed, says Alex Abdo, an American Civil Liberties Union staff attorney. AT&T on Monday became the first phone company to release a transparency report under the new rules, and the results seem to confirm that the metadata collection is still meant to stay secret. “This transparency report confirmed our fear that the DOJ’s apparent concession was carefully crafted to prevent real transparency,” Abdo says. “If they want real transparency, they would allow the disclosure of the bulk telephone metadata program.”
  • The guidelines allow for the disclosure, in chunks of 1,000, of “the number of customer selectors [phone numbers] targeted under FISA non-content orders.” Since the bulk metadata collection doesn’t “target” any “selectors” it is, by definition, not subject to disclosure. This loophole is no accident of phrasing. In other sections of the guidelines covering National Security Letters — a type of subpoena that doesn’t require a judge’s signature — Obama allows disclosure of the “number of customer accounts affected.” If the guidelines used that same language for the FISA disclosures, AT&T’s transparency report would presumably disclose that more than 80 million customers — that would be all of AT&T’s customers — had been spied upon. The end result, observes Kevin Bankston, the policy director of the New America Foundation’s Open Technology Institute, is that Obama’s so-called reform has spawned a misleading report that provides false comfort to AT&T customers — and all Americans.
Gary Edwards

Banksters seek to legalize autodialers calling your cellphone | Ubergizmo - 0 views

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    Banksters want to legalize for cellphones the currently illegal robocalling telemarketing techniques of the past - this time for cellphones.  Incredibly the Banksters are trying to argue that this will improve customer services!  Yeah, just like illegal robosigning document mills improve Bankster foreclosure services for their customers. excerpt: The new bill which has been dubbed the Mobile Informational Call Act of 2011, is seeking to make legal the use of autodialers to call cellphones. It seems that those who are favoring this new bill come from the banking industry, and they are claiming that they will use this new bill to pass along new information to their customers in a timely manner. They are also saying that since about 40% of Americans use their cellphones as their primary or only means of communication, this would be a good way to reach out to their customers.
Paul Merrell

Wells Fargo charged with opening accounts without customers' permission - May. 5, 2015 - 0 views

  • Wells Fargo is accused of opening up accounts and credit cards in customers' names without their authorization. The accounts are being opened by Wells Fargo employees under pressure to meet unrealistic sales goals and quotas, according to the civil complaint filed by the Los Angeles City Attorney.
  • The complaint charges that bank employees opened new accounts for existing customers without their authorization, in order to meet sales quotas. The employees also allegedly transferred money from customers' authorized accounts to pay fees on the unauthorized accounts. When fees on unauthorized accounts went unpaid, some customers were placed into collection. Others had negative information placed on their credit reports as a result. The complaint, filed in California Superior Court on Monday, seeks a $2,500 fine for every unauthorized account, and seeks to have all of the money taken from customers returned. It did not estimate how much those penalties could cost the bank. Wells Fargo said it would "vigorously defend" itself from the suit. But the statement it issued did not deny or even address whether its employees opened unauthorized accounts as charged.
Paul Merrell

Customer proprietary network information - Wikipedia, the free encyclopedia - 0 views

  • Customer proprietary network information (CPNI) is the data collected by telecommunications companies about a consumer's telephone calls. It includes the time, date, duration and destination number of each call, the type of network a consumer subscribes to, and any other information that appears on the consumer's telephone bill. Telemarketers working on behalf of telephone companies, attempting to either win back a customer or upsell a customer with more services, must ask the customer's consent before accessing the billing information or before using that information to offer an upsell or any change of services. Usually this is done at the beginning of a call from the telemarketer to the telephone subscriber.
  • Note that as long as an affiliate is "communications" related, the FCC has ruled that CPNI is under an opt-out approach (can be shared without your explicit permission). A phone company is permitted to sell all information on you, such as numbers you call, when you called them, where you were when you called them, or any other personally identifying information. CPNI would normally require a warrant for law enforcement agencies, but it can be freely sold to "communications" related companies. One can verify this by checking rule 64.2007(b)(1) and footnote 137 in the 2007 CPNI order. One can call up a phone company and opt out by requesting that they do not share CPNI information. In the case of
  • The U.S. Telecommunications Act of 1996 granted the Federal Communications Commission (FCC) authority to regulate how customer proprietary network information (CPNI) can be used and to enforce related consumer information privacy provisions. The rules in the 2007 FCC CPNI Order further restrict CPNI use and create new notification and reporting requirements. The rules in the 2007 CPNI Order include: Limits the information which carriers may provide to third-party marketing firms without first securing the affirmative consent of their customers Defines when and how customer service representatives may share call details Creates new notification and reporting obligations for carriers (including identity verification procedures) Verification process must MATCH what is shown with the company placing the call.
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  • The 2007 CPNI Order does not revise all CPNI rules. For example, the rule revisions adopted in the Order do not limit a carrier's ability to use CPNI to perform billing and collections functions, restrict CPNI use to effect maintenance and repair activity, or impact responses to lawful subpoenas. Fines for failure to comply with CPNI rules can be substantial. Since 2006, the FCC, focusing on one rule regarding internal annual compliance certificates, proposed over $1 million in fines and those fines are not necessarily indicative of the fines the FCC could propose. The FCC is authorized to impose fines of up to $150,000 for each rule violation or each day of a continuing violation up to a maximum of $1.5 million for each continuing violation.[1] The rules adopted in the Order are effective either six months after the Order is published in the Federal Register or on receipt of Office of Management and Budget approval of the new rules depending on which event is later. (Order at ¶61)
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    A term that may become controversial in the context of pending cases under the 4th Amendment against NSA surveillance, going to the "reasonableness" of a customer's expectation of privacy in call metadata.
Paul Merrell

Warning: Get Your Money Out: 'All Legal Bank Deposit Protections Are Now Offi... - 0 views

  • Former money manager Ann Barnhardt, who in November of 2011 made the decision to cease operations of her brokerage firm and return funds to her customers citing “systemic” problems within the entire financial industry, has issued a new warning about the stability of US banks and the safety of individual deposit accounts. The warning, stemming from a recent federal appeals court ruling surrounding customer funds lost during the 2007 collapse of Chicago futures broker Sentinel, indicates that individuals who lose deposited funds because a financial institution improperly manages that money, even if those funds are supposed to be “segregated” from other operations of the firm, are essentially left with no recourse if the firm goes belly-up. According to the court, a misallocation of those customer funds, “is not, on its own, sufficient to rule as a matter of law that Sentinel acted ‘with actual intent to hinder, delay, or defraud’ its customers.”
  • The implications of the ruling, according to Barnhardt, will affect the monies of all private individuals who have seen their deposit accounts wiped out in the collapse of firms like John Corzine’s MF Global and put all deposit account holders in the country at risk should their bank be faced with a financial windstorm: The NFA in collusion with the banksters, government and judiciary have achieved their goal. The entire concept of “customer segregated funds” is officially, completely, legally dead. Guys, it is OVER. I know that many of you are still cowering in normalcy bias, unable to deal with reality, unable to face the world as it is, but you have GOT to snap out of it. The marketplace is DESTROYED. You CANNOT be in these markets. All legal protections are now officially gone.
Paul Merrell

First Unitarian Church of Los Angeles v. NSA | Electronic Frontier Foundation - 0 views

  • Twenty-two organizations including Unitarian church groups, gun ownership advocates, and a broad coalition of membership and political advocacy organizations filed suit against the National Security Agency for violating their First Amendment right of association by illegally collecting their call records. The coalition is represented by EFF. At the heart of First Unitarian Church of Los Angeles v. NSA is the bulk telephone records collection program that was confirmed by the publication of an order from the Foreign Intelligence Surveillance Court (FISC) in June of 2013. The Director of National Intelligence (DNI) further confirmed that this formerly secret document was authentic, and part of a broader program to collect all major telecommunications customers’ call history. The order demands wholesale collection of every call made, the location of the phone, the time of the call, the duration of the call, and other “identifying information” for every phone and call for all customers of Verizon for a period of three months. Government officials further confirmed that this was just one of series of orders issued on a rolling basis since at least 2006. First Unitarian v. NSA argues that this spying violates the First Amendment, which protects the freedom to associate and express political views as a group.
  • Twenty-two organizations including Unitarian church groups, gun ownership advocates, and a broad coalition of membership and political advocacy organizations filed suit against the National Security Agency for violating their First Amendment right of association by illegally collecting their call records. The coalition is represented by EFF. At the heart of First Unitarian Church of Los Angeles v. NSA is the bulk telephone records collection program that was confirmed by the publication of an order from the Foreign Intelligence Surveillance Court (FISC) in June of 2013. The Director of National Intelligence (DNI) further confirmed that this formerly secret document was authentic, and part of a broader program to collect all major telecommunications customers’ call history. The order demands wholesale collection of every call made, the location of the phone, the time of the call, the duration of the call, and other “identifying information” for every phone and call for all customers of Verizon for a period of three months. Government officials further confirmed that this was just one of series of orders issued on a rolling basis since at least 2006. First Unitarian v. NSA argues that this spying violates the First Amendment, which protects the freedom to associate and express political views as a group.
  • The case challenges the mass telephone records collection that was confirmed by the FISA Order that was published on June 5, 2013 and confirmed by the Director of National Intelligence (DNI) on June 6, 2013. The DNI confirmed that the collection was “broad in scope” and conducted under the “business records” provision of the Foreign Intelligence Surveillance Act, also known as section 215 of the Patriot Act and 50 U.S.C. section 1861. The facts have long been part of EFF’s Jewel v. NSA case. The case does not include section 702 programs, which includes the recently made public and called the PRISM program or the fiber optic splitter program that is included (along with the telephone records program) in the Jewel v. NSA case. 
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  • Our goal is to highlight one of the most important ways that the government collection of telephone records is unconstitutional: it violates the First Amendment right of association. When the government gets access to the phone records of political and activist organizations and their members, it knows who is talking to whom, when, and for how long. This so-called “metadata,” especially when collected in bulk and aggregated, tracks the associations of these organizations. After all, if the government knows that you call the Unitarian Church or Calguns or People for the American Way or Students for Sensible Drug Policy regularly, it has a very good indication that you are a member and it certainly knows that you associate regularly. The law has long recognized that government access to associations can create a chilling effect—people are less likely to associate with organizations when they know the government is watching and when the government can track their associations. 
  • Twenty-two organizations including Unitarian church groups, gun ownership advocates, and a broad coalition of membership and political advocacy organizations filed suit against the National Security Agency for violating their First Amendment right of association by illegally collecting their call records. The coalition is represented by EFF. At the heart of First Unitarian Church of Los Angeles v. NSA is the bulk telephone records collection program that was confirmed by the publication of an order from the Foreign Intelligence Surveillance Court (FISC) in June of 2013. The Director of National Intelligence (DNI) further confirmed that this formerly secret document was authentic, and part of a broader program to collect all major telecommunications customers’ call history. The order demands wholesale collection of every call made, the location of the phone, the time of the call, the duration of the call, and other “identifying information” for every phone and call for all customers of Verizon for a period of three months. Government officials further confirmed that this was just one of series of orders issued on a rolling basis since at least 2006. First Unitarian v. NSA argues that this spying violates the First Amendment, which protects the freedom to associate and express political views as a group.
  • The First Amendment right of association is a well established doctrine that prevents the government “interfering with the right to peaceably assemble or prohibit the petition for a governmental redress of grievances.” The most famous case embracing it is a 1958 Supreme Court Case from the Civil Rights era called  NAACP v. Alabama. In that case the Supreme Court held that it would violate the First Amendment for the NAACP to have to turn over its membership lists in litigation. The right stems from the simple fact that the First Amendment protects the freedom to associate and express political views as a group. This constitutional protection is critical because, as the court noted “[e]ffective advocacy of both public and private points of view, particularly controversial ones, is undeniably enhanced by group association[.]” NAACP v. Alabama, 357 U.S. at 460. As another court noted: the Constitution protects freedom of association to encourage the “advancing ideas and airing grievances” Bates v. City of Little Rock, 361 U.S. 516, 522-23 (1960).
  • The collection and analysis of telephone records give the government a broad window into our associations. The First Amendment protects against this because, as the Supreme Court has recognized, “it may induce members to withdraw from the association and dissuade others from joining it because of fear of exposure of their beliefs shown through their associations and of the consequences of their exposure.” NAACP v. Alabama, 357 U.S. at 462-63. See also Bates, 361 U.S. at 523; Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539 (1963).  Privacy in one’s associational ties is also closely linked to freedom of association: “Inviolability of privacy in group association may in many circumstances be indispensable to preservation of freedom of association, particularly where a group espouses dissident beliefs.” NAACP v. Alabama, 357 U.S. at 462. 
  • The Supreme Court has made clear that infringements on freedom of association may survive constitutional scrutiny only when they “serve compelling state interests, unrelated to the suppression of ideas, that cannot be achieved through means significantly less restrictive of associational freedoms.” Roberts v. United States Jaycees, 468 U.S. 609, 623 (1984); see also NAACP v. Button, 371 U.S. at 341; Knox v. SEIU, Local 1000, 132 S. Ct. 2277, 2291 (2012)  Here, the wholesale collection of telephone records of millions of innocent Americans’ communications records, and thereby collection of their associations, is massively overbroad, regardless of the government’s interest. Thus, the NSA spying program fails under the basic First Amendment tests that have been in place for over fifty years.
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    This case is related to EFF's earlier pending case, Jewel v. NSA and has been assigned to Judge Whyte, the same judge who ruled earlier in Jewel that the State Secrets Privilege does not apply to NSA's call metadata "haystack." The plaintiffs are 22 different groups who would make strange bedfellows indeed, except in opposition to government surveillance and repression. 
Paul Merrell

Here Are All the Sketchy Government Agencies Buying Hacking Team's Spy Tech | Motherboard - 0 views

  • They say what goes around comes around, and there's perhaps nowhere that rings more true than in the world of government surveillance. Such was the case on Monday morning when Hacking Team, the Italian company known for selling electronic intrusion tools to police and federal agencies around the world, awoke to find that it had been hacked itself—big time—apparently exposing its complete client list, email spools, invoices, contracts, source code, and more. Those documents show that not only has the company been selling hacking tools to a long list of foreign governments with dubious human rights records, but it’s also establishing a nice customer base right here in the good old US of A. The cache, which sources told Motherboard is legitimate, contains more than 400 gigabytes of files, many of which confirm previous reports that the company has been selling industrial-grade surveillance software to authoritarian governments. Hacking Team is known in the surveillance world for its flagship hacking suite, Remote Control System (RCS) or Galileo, which allows its government and law enforcement clients to secretly install “implants” on remote machines that can steal private emails, record Skype calls, and even monitor targets through their computer's webcam. Hacking Team in North America
  • According to leaked contracts, invoices and an up-to-date list of customer subscriptions, Hacking Team’s clients—which the company has consistently refused to name—also include Kazakhstan, Azerbaijan, Oman, Saudi Arabia, Uzbekistan, Bahrain, Ethiopia, Nigeria, Sudan and many others. The list of names matches the findings of Citizen Lab, a research lab at the University of Toronto's Munk School of Global Affairs that previously found traces of Hacking Team on the computers of journalists and activists around the world. Last year, the Lab's researchers mapped out the worldwide collection infrastructure used by Hacking Team's customers to covertly transport stolen data, unveiling a massive network comprised of servers based in 21 countries. Reporters Without Borders later named the company one of the “Enemies of the Internet” in its annual report on government surveillance and censorship.
  • we’ve only scratched the surface of this massive leak, and it’s unclear how Hacking Team will recover from having its secrets spilling across the internet for all to see. In the meantime, the company is asking all customers to stop using its spyware—and likely preparing for the worst.
Paul Merrell

Internet Giants Erect Barriers to Spy Agencies - NYTimes.com - 0 views

  • As fast as it can, Google is sealing up cracks in its systems that Edward J. Snowden revealed the N.S.A. had brilliantly exploited. It is encrypting more data as it moves among its servers and helping customers encode their own emails. Facebook, Microsoft and Yahoo are taking similar steps.
  • After years of cooperating with the government, the immediate goal now is to thwart Washington — as well as Beijing and Moscow. The strategy is also intended to preserve business overseas in places like Brazil and Germany that have threatened to entrust data only to local providers. Google, for example, is laying its own fiber optic cable under the world’s oceans, a project that began as an effort to cut costs and extend its influence, but now has an added purpose: to assure that the company will have more control over the movement of its customer data.
  • A year after Mr. Snowden’s revelations, the era of quiet cooperation is over. Telecommunications companies say they are denying requests to volunteer data not covered by existing law. A.T.&T., Verizon and others say that compared with a year ago, they are far more reluctant to cooperate with the United States government in “gray areas” where there is no explicit requirement for a legal warrant.
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  • Eric Grosse, Google’s security chief, suggested in an interview that the N.S.A.'s own behavior invited the new arms race.“I am willing to help on the purely defensive side of things,” he said, referring to Washington’s efforts to enlist Silicon Valley in cybersecurity efforts. “But signals intercept is totally off the table,” he said, referring to national intelligence gathering.“No hard feelings, but my job is to make their job hard,” he added.
  • Hardware firms like Cisco, which makes routers and switches, have found their products a frequent subject of Mr. Snowden’s disclosures, and their business has declined steadily in places like Asia, Brazil and Europe over the last year. The company is still struggling to convince foreign customers that their networks are safe from hackers — and free of “back doors” installed by the N.S.A. The frustration, companies here say, is that it is nearly impossible to prove that their systems are N.S.A.-proof.
  • Many point to an episode in 2012, when Russian security researchers uncovered a state espionage tool, Flame, on Iranian computers. Flame, like the Stuxnet worm, is believed to have been produced at least in part by American intelligence agencies. It was created by exploiting a previously unknown flaw in Microsoft’s operating systems. Companies argue that others could have later taken advantage of this defect.Worried that such an episode undercuts confidence in its wares, Microsoft is now fully encrypting all its products, including Hotmail and Outlook.com, by the end of this year with 2,048-bit encryption, a stronger protection that would take a government far longer to crack. The software is protected by encryption both when it is in data centers and when data is being sent over the Internet, said Bradford L. Smith, the company’s general counsel.
  • Mr. Smith also said the company was setting up “transparency centers” abroad so that technical experts of foreign governments could come in and inspect Microsoft’s proprietary source code. That will allow foreign governments to check to make sure there are no “back doors” that would permit snooping by United States intelligence agencies. The first such center is being set up in Brussels.Microsoft has also pushed back harder in court. In a Seattle case, the government issued a “national security letter” to compel Microsoft to turn over data about a customer, along with a gag order to prevent Microsoft from telling the customer it had been compelled to provide its communications to government officials. Microsoft challenged the gag order as violating the First Amendment. The government backed down.
  • In Washington, officials acknowledge that covert programs are now far harder to execute because American technology companies, fearful of losing international business, are hardening their networks and saying no to requests for the kind of help they once quietly provided.Continue reading the main story Robert S. Litt, the general counsel of the Office of the Director of National Intelligence, which oversees all 17 American spy agencies, said on Wednesday that it was “an unquestionable loss for our nation that companies are losing the willingness to cooperate legally and voluntarily” with American spy agencies.
  • In one slide from the disclosures, N.S.A. analysts pointed to a sweet spot inside Google’s data centers, where they could catch traffic in unencrypted form. Next to a quickly drawn smiley face, an N.S.A. analyst, referring to an acronym for a common layer of protection, had noted, “SSL added and removed here!”
  • Facebook and Yahoo have also been encrypting traffic among their internal servers. And Facebook, Google and Microsoft have been moving to more strongly encrypt consumer traffic with so-called Perfect Forward Secrecy, specifically devised to make it more labor intensive for the N.S.A. or anyone to read stored encrypted communications.One of the biggest indirect consequences from the Snowden revelations, technology executives say, has been the surge in demands from foreign governments that saw what kind of access to user information the N.S.A. received — voluntarily or surreptitiously. Now they want the same.
  • The latest move in the war between intelligence agencies and technology companies arrived this week, in the form of a new Google encryption tool. The company released a user-friendly, email encryption method to replace the clunky and often mistake-prone encryption schemes the N.S.A. has readily exploited.But the best part of the tool was buried in Google’s code, which included a jab at the N.S.A.'s smiley-face slide. The code included the phrase: “ssl-added-and-removed-here-; - )”
Paul Merrell

Vodafone reveals existence of secret wires that allow state surveillance | Business | T... - 0 views

  • Vodafone, one of the world's largest mobile phone groups, has revealed the existence of secret wires that allow government agencies to listen to all conversations on its networks, saying they are widely used in some of the 29 countries in which it operates in Europe and beyond.The company has broken its silence on government surveillance in order to push back against the increasingly widespread use of phone and broadband networks to spy on citizens, and will publish its first Law Enforcement Disclosure Report on Friday. At 40,000 words, it is the most comprehensive survey yet of how governments monitor the conversations and whereabouts of their people.The company said wires had been connected directly to its network and those of other telecoms groups, allowing agencies to listen to or record live conversations and, in certain cases, track the whereabouts of a customer. Privacy campaigners said the revelations were a "nightmare scenario" that confirmed their worst fears on the extent of snooping.
  • Vodafone's group privacy officer, Stephen Deadman, said: "These pipes exist, the direct access model exists."We are making a call to end direct access as a means of government agencies obtaining people's communication data. Without an official warrant, there is no external visibility. If we receive a demand we can push back against the agency. The fact that a government has to issue a piece of paper is an important constraint on how powers are used."Vodafone is calling for all direct-access pipes to be disconnected, and for the laws that make them legal to be amended. It says governments should "discourage agencies and authorities from seeking direct access to an operator's communications infrastructure without a lawful mandate".
  • In America, Verizon and AT&T have published data, but only on their domestic operations. Deutsche Telekom in Germany and Telstra in Australia have also broken ground at home. Vodafone is the first to produce a global survey.
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  • Peter Micek, policy counsel at the campaign group Access, said: "In a sector that has historically been quiet about how it facilitates government access to user data, Vodafone has for the first time shone a bright light on the challenges of a global telecom giant, giving users a greater understanding of the demands governments make of telcos. Vodafone's report also highlights how few governments issue any transparency reports, with little to no information about the number of wiretaps, cell site tower dumps, and other invasive surveillance practices."
  • Snowden, the National Security Agency whistleblower, joined Google, Reddit, Mozilla and other tech firms and privacy groups on Thursday to call for a strengthening of privacy rights online in a "Reset the net" campaign.Twelve months after revelations about the scale of the US government's surveillance programs were first published in the Guardian and the Washington Post, Snowden said: "One year ago, we learned that the internet is under surveillance, and our activities are being monitored to create permanent records of our private lives – no matter how innocent or ordinary those lives might be. Today, we can begin the work of effectively shutting down the collection of our online communications, even if the US Congress fails to do the same."
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    The Vodafone disclosures will undoubtedly have a very large ripple effect. Note carefully that this is the first major telephone service in the world to break ranks with the others and come out swinging at secret government voyeur agencies. Will others follow. If you follow the links to the Vodafone report, you'll find a very handy big PDF providing an overview of the relevant laws in each of the customer nations. There's a cute Guardian table that shows the aggregate number of warrants for interception of content via Vodafone for each of those nations, broken down by content type. That table has white-on-black cells noting where disclosure of those types of surveillance statistics are prohibited by law. So it is far from a complete picture, but it's a heck of a good start.  But several of those customer nations are members of the E.U., where digital privacy rights are enshrined as human rights under an EU-wide treaty. So expect some heat to roll downhill on those nations from the European treaty organizations, particularly the European Court of Human Rights, staffed with civil libertarian judges, from which there is no appeal.     
Paul Merrell

Wells Fargo reportedly refunding 'hundreds of thousands' of customers for add-on produc... - 0 views

  • Wells Fargo & Co. is refunding hundreds of thousands of customers tens of millions of dollars for account add-on products such as legal services or insurance, Dow Jones reported, citing people familiar with the matter.
  • Regulators are looking at whether customers were deceived, Dow Jones reported, and at their awareness of the products and ability to cancel them. Wells Fargo has spent nearly two years trying to clean up from a scandal that first erupted in 2016 over fake accounts opened in customers' names by employees trying to meet aggressive sales targets. Soon, sales practices in other areas of the bank fell under scrutiny, including in mortgages and auto lending. In April, the bank struck a $1 billion settlement with the CFPB and the OCC over its risk management failings.
Gary Edwards

The Ultimate Net Monitoring Tool: NARUS - 0 views

  •  
    Chilling stuff.  Note that Mark Klien is an important whistleblower whose testimony has helped expose the  Federal Government - NSA domestic dragnet that has violated the constitutional rights of hundreds of thousands of law abiding American citizens.  The question I have concerns cooperation between NSA NARUS spying and the IRS. We know that the IRS used key words such as "TEA PARTY", "PATRIOT", "Constitution", and "Tenth Amendment" to target American citizens.  Does the NSA NARUS target Americans in the same way?  Are there political enemy lists with background surveillance information now circulating through different government agencies based on this targeted and illegal spying? The first thing we need to do is protect whistle blowers who are risking it all to protect the constitutional rights of American citizens and save our country.   "The equipment that technician Mark Klein learned was installed in the National Security Agency's "secret room" inside AT&T's San Francisco switching office isn't some sinister Big Brother box designed solely to help governments eavesdrop on citizens' internet communications. Rather, it's a powerful commercial network-analysis product with all sorts of valuable uses for network operators. It just happens to be capable of doing things that make it one of the best internet spy tools around. "Anything that comes through (an internet protocol network), we can record," says Steve Bannerman, marketing vice president of Narus, a Mountain View, California, company. "We can reconstruct all of their e-mails along with attachments, see what web pages they clicked on, we can reconstruct their (voice over internet protocol) calls."" Narus' product, the Semantic Traffic Analyzer, is a software application that runs on standard IBM or Dell servers using the Linux operating system. It's renowned within certain circles for its ability to inspect traffic in real time on high-bandwidth pipes, identifying packets of interest as they r
Paul Merrell

At Comverse, Many Smart Business Moves and Maybe a Bad One - New York Times - 0 views

  • Mr. Alexander transformed a communications software company, Comverse Technology, from a start-up to a market leader with annual sales of more than $1 billion.That made Mr. Alexander, known as Kobi, a pioneer and hero in Israel’s emerging high-tech industry. These days, though, Mr. Alexander is also referred to by another title: fugitive. Mr. Alexander, 54, is believed to have fled the United States after he and two other former Comverse executives were charged earlier this month with securities, mail and wire fraud by federal prosecutors in Brooklyn. A warrant has been issued for his arrest.Yet the odds are that it will be a long time before Mr. Alexander explains himself in a courtroom, if ever.
  • Mr. Alexander is an Israeli citizen and is a former military officer there. And in late July, according to prosecutors, Mr. Alexander wired $57 million to an account in Israel.While the United States has an extradition treaty with Israel, it is unclear whether the treaty covers the crimes that Mr. Alexander is accused of, law professors said. Furthermore, given Mr. Alexander’s stature and record of military service, Israel may be reluctant to readily hand him over, they add.
  • Another Comverse subsidiary, Verint Systems, which provides more than 25 percent of Comverse’s revenues, is also looking into its options practices.
Paul Merrell

Wells Fargo Fake Accounts Scandal Spreads To Life Insurance Business - 0 views

  • Today, Prudential Financial announced it would suspend the distribution of a low-cost life insurance policy through Wells Fargo. The low-cost life insurance policy, called MyTerm, had been promoted by Wells Fargo since 2014 throughout its large number of retail banking outlets. The suspension comes shortly after a wrongful termination lawsuit was filed by three former Prudential employees, which alleged that Wells Fargo employees signed up customers for MyTerm life insurance policies without the customer’s knowledge to hit sales goals. The plaintiffs, who worked at Prudential’s corporate investigations division, claim their reports of the fraud led to their termination because Prudential management did not want to take any action that could damage its business with Wells Fargo. If true, those allegations would fit an already established pattern of Wells Fargo employees creating fake customer checking, saving, and credit card accounts. The resulting scandal from those revelations led to Wells Fargo being fined $185 million and the resignation of the CEO, John Stumpf. Wells Fargo is already facing a new investigation by the SEC concerning whether the bank made proper disclosures to investors. It’s not clear if the company disclosed the nature of the Commodity Futures Trading Commission investigation and others that led to $185 million in fines, or whether the company knowingly transmitted false sales numbers based on the gains from fake accounts.
  • Though it is hard to quantify, Wells Fargo’s name, reputation, and brand have been undeniably damaged. After the publicity of the congressional hearings, it is likely that many potential customers will not use the bank’s services. Customers whose names were used to open fake accounts will probably never bank with Wells Fargo again. In fact, some of them are suing. That’s all before whatever further damage is done by the more recent accusations about the fake life insurance accounts from Prudential. Hopefully not lost in all this is that the initial plan by Wells Fargo executives was to scapegoat low-level employees for this entire scandal. Despite creating the “cross-selling” program, which forced employees to aggressively try to open new accounts and even firing those that did not or complained about it, Wells Fargo upper management initially took no responsibility for the fake account scandal. In all, over 5,000 low-level employees have been terminated and are likely never going to work in banking again, while the CEO and the executive responsible for managing the program, Carrie Tolstedt, will walk away with millions upon millions of dollars.
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