Daily Archives: February 6, 2021

San Antonio: Metro Health Issues Fourth Amended Health Directive Related To School Systems – Patch.com

Posted: February 6, 2021 at 7:56 am

Metro Health issues fourth amended health directive related to school systems

CONTACT: For members of the media, please contact:covid19media@sanantonio.gov

Laura Mayes, City of San Antonio (210) 207-1337Michelle Vigil, City of San Antonio (210) 207-8172

For questions from the general public, please contact:COVID-19@sanantonio.govCOVID-19 Hotline (210) 207-5779

SAN ANTONIO (February 2, 2021) Today, San Antonio's Local Health Authority, Dr. Junda Woo, issued a fourth amendment to the current health directive related to our local school systems. The revised health directive, either virtual or hybrid learning are options in Red Zone, but the directive stresses the importance of restricting other gatherings instead when community COVID levels are high. The directive adds links to new tools and FAQ's provided by the Centers for Disease Control and Prevention (CDC), highlights the fact that contact sports are still not recommended in the Red Zone, and removes specific pod sizes while sharing CDC templates for classroom layouts.

At risk levels in the Red Zone. Preventing transmission in K-12 settings requires reducing transmission in the community through policies such as restrictions on indoor dining. COVID testing should be offered to at least 25% of on-campus staff once a week, and class sizes should be smaller than in the Yellow Zone, with rigorous cohorting. In-person instruction prioritizes pre-kindergarten through elementary school students, special needs students, the most severely at-risk students, and students who lack access to resources. Building and room occupancy should be contingent on adequate ventilation and ability to create 6-foot distancing. Close contacts must be quarantined for 14 days.

Metro Health's weekly school risk level, which includes varying levels of virus prevention tactics and guidance within its Red, Yellow and Green Zones, can be found here.

For more information please visit http://www.covid19.sanantonio.gov

FOUR WAYS TO SIGN UP FOR COVID-19 ALERTS

Public service announcements on social distancing, prevention and testing are available here.

Documents to download

Health Directive Related to Schools Amended v16 Feb 2

This press release was produced by the City of San Antonio. The views expressed here are the author's own.

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US lawmakers will push for new privacy regulations – Washington Examiner

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A significant privacy bill will be on Congress's agenda during the next two years, with privacy-focused Democrats holding thin majorities in both the House and the Senate.

While privacy legislation will take a back seat early this year because of the COVID-19 pandemic, lawmakers and privacy experts expect to see a significant push for legislation that would give consumers more control over how companies share their data, particularly over the internet.

Sen. Maria Cantwell, a Washington Democrat, introduced privacy legislation in late 2019. She will take over as chairwoman of the Senate Commerce, Science, and Transportation Committee, where privacy bills are debated. Her 2019 Consumer Online Privacy Rights Act would have given consumers the ability to prohibit companies from sharing their data with third parties. It would have required companies that hold personal data to check for security vulnerabilities and take preventive measures to protect that data.

Sen. Ron Wyden, an Oregon Democrat, plans to introduce two privacy bills, a spokesperson said. Wyden's Mind Your Own Business Act would create a national do-not-track list and allow for huge fines and, in some cases, prison terms for privacy violations. The Fourth Amendment is Not for Sale Act would prohibit government agencies, including law enforcement agencies, from purchasing personal information from data brokers.

Wyden's spokesperson said the senator plans to work closely with Cantwell to get privacy legislation passed.

With states passing privacy legislation and the European Union's General Data Protection Regulation in effect, privacy legislation in Congress will likely focus on the right for consumers to opt out of their information getting sold. They will also have the right to know what data is collected and the right for their data to be removed from company databases, said Cameron Call, a technical operations manager at Network Security Associates, an information technology services and regulatory compliance vendor.

Still, some of these regulations could have a significant impact on the technology industry, Call told the Washington Examiner. A lot of free online services "make their revenue on the data collected about you," he said. "If this gets taken away, how will they monetize? Will it mean more services will require a monthly subscription?"

It's also unclear whether United States consumers will pay attention if websites and companies are required to tell them what personal data they collect, he added. Because of the EU's GDPR, many websites now deliver a notice that they collect cookies. If web users get even more pop-ups, "will people actually read them?" he asked.

With California and other states passing privacy regulations, federal law seems likely, said Michael Williams, a partner at Clym, a data privacy law compliance platform. Many business leaders have pushed for a national law to avoid compliance with multiple state laws.

"To date, the U.S. has abdicated any true responsibility regarding federal data privacy regulation, and as such, many states have taken it upon themselves to enact or consider data privacy regulations for their residents," he told the Washington Examiner.

However, federal law may instead create baseline privacy regulations that states can build on, he added.

The impact of national privacy law will go beyond the tech sector, he said. Three of the highest five GDPR fines, for example, were imposed on companies outside the technology industry, with Swedish retail company H&M, British Airways, and Marriott International all receiving fines of over 20 million euros.

"In the modern economy, the flow of data informs operational decisions at every business, and companies of all shapes and sizes collect a massive amount of data, which, to this point, has gone unregulated in most areas of the U.S.," Williams said.

Still, some observers are less optimistic about a privacy bill passing. A major privacy bill seems unlikely unless the Senate eliminates the filibuster, said Kevin Coy, a partner and privacy group co-chairman with the Arnall Golden Gregory in Washington, D.C.

In some cases, Senate Republicans may block some comprehensive Democratic proposals, he noted.

"Privacy itself is not a partisan issue," he told the Washington Examiner. "However, some issues privacy legislation would need to address, such as whether the privacy legislation would preempt state law or whether there would be a private right of action for violations, are more likely to break down along partisan lines than many of the substantive requirements a major privacy law might include."

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Key FCA Developments From 2020 And What To Expect Next – Law360

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By George Breen, Erica Bahnsen, and Daniel C. Fundakowski

Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our weekly newsletters. Signing up for any of our section newsletters will opt you in to the weekly Coronavirus briefing.

Law360 (February 5, 2021, 6:17 PM EST) --

Qui tam relators filed 672 new cases in fiscal year 2020, an increase over fiscal year 2019 and the fifth highest number of cases in reported history, filing, on average, almost 13 new cases per week, 68% of which were related to the health care and life sciences industries.

More than $2.2 billion was recovered from settlements and judgments in fiscal year 2020, the lowest level since 2008, and almost $1 billion less thanfiscal year 2019. Notably, over 80% of recoveries, amounting to almost $1.9 billion, came from the health care and life sciences industries.

Health care-related recoveries focused on cases pursued against drug and medical device manufacturers, managed care providers, hospitals, pharmacies, hospice organizations, laboratories and physicians.

The most significant recoveries again came from the pharmaceutical industry and involved allegations of improper patient copay amounts and illegal kickbacks. These recoveries include those related to the opioid crisis, which continues to be a point of emphasis for DOJ enforcement actions.

The circuit split on the FCA's required falsity standard for clinical judgments may be resolved by the high court.

While the FCA requires that claims be false or fraudulent, the statute does not define those terms, and a circuit split emerged in 2020 on the appropriate standard for proving falsity in the context of clinical judgments.

On Sept. 9, 2019, the U.S. Court of Appeals for the Eleventh Circuit issued a key decision in U.S. v. AseraCare Inc. concerning the FCA's standard for proving falsity.[2]

The government alleged that AseraCare improperly billed Medicare for hospice benefits provided to individuals who were not properly certified as terminally ill. In adopting an objective falsehood standard, the Eleventh Circuit held that a "mere difference of reasonable opinion between physicians, without more," is insufficient to create a triable issue of fact regarding the FCA's falsity element.

Months after the Eleventh Circuit's AseraCare decision, the U.S. Court of Appeals for the Third Circuit, in U.S. v. Care Alternatives, expressly rejected the objective falsehood requirement.[3] In this factually similar Medicare hospice benefit case, the Third Circuit held that "a difference of medical opinion is enough evidence to create a triable dispute of fact regarding FCA falsity."[4]

The U.S. Court of Appeals for the Ninth Circuit later weighed in on FCA falsity in U.S. v. Gardens Regional Hospital and Medical Center Inc., where it considered whether an objective falsehood is required at the pleading stage to avoid dismissal.[5]

The relator alleged that the hospital falsely certified that patients' inpatient hospitalizations were medically necessary. In reversing the district court's decision that "subjective medical opinions ... cannot be proven to be objectively false," the Ninth Circuit held that the broad language of the FCA "does not distinguish between 'objective' and 'subjective' falsity or carve out an exception for clinical judgments and opinions."[6]

The practical effects of the circuit split and the differing standards are likely to become more apparent in 2021 as courts continue to apply them. Care Alternatives filed a certiorari petition on Sept. 16, 2020, so it remains possible that the U.S. Supreme Court could resolve the circuit split this year.[7]

Courts continue to grapple with materiality following Escobar.

The FCA requires that a false record or statement be material to the government's payment decision before liability can attach.

In accordance with the Supreme Court's 2016 decision in Universal Health Services Inc. v. Escobar, the touchstone of materiality is whether the government would have paid the claim in question if it had known of the defendant's noncompliance with an applicable law or regulation.[8] Throughout 2020, courts across the country continued to grapple with the FCA's materiality framework.

In U.S. v. Lawrence Memorial Hospital, the relator alleged that the hospital fabricated patient arrival times associated with certain Centers for Medicare & Medicaid Services pay-for-reporting and pay-for-performance programs.[9]

A key issue in the case was from whose perspective materiality should be judged; the relator argued that materiality should be judged based on the likely impact of the noncompliance on a reasonable person (an objective standard).

In affirming the district court's opinion that the alleged false claims were not material, the U.S. Court of Appeals for the Tenth Circuit held that the proper focus in determining materiality is on the actual reaction of the recipient of the false claim, not on a reasonable person.

Applying that standard, the Tenth Circuit held that CMS' inaction and continued payment of claims, even after CMS was made aware of the alleged noncompliance six years earlier, suggests immateriality.[10] The Supreme Court denied the relator's certiorari petition on Oct. 5, 2020.

In U.S. v. Salus Rehabilitation LLC, the Eleventh Circuit reinstated an $85 million jury verdict over $255 million after trebling and penalties on Medicare claims that the district court initially set aside after a month-long jury trial where the judge found that the relator "failed to introduce evidence of materiality and scienter at trial."[11]

The case involved allegations that the nursing home operators artificially inflated Medicare patients' resource utilization group scores by upcoding and ramping to yield increased Medicare payments.[12]

The Eleventh Circuit dismissed the district court's conclusion that the relator's allegations amounted to a handful of paperwork defects, and found that the upcoding and ramping allegations were a "simple and direct theory of fraud" with "plain and obvious materiality [that] went to the heart of the SNFs' ability to obtain reimbursement from Medicare."[13]

Given the Supreme Court's apparent reluctance to take up materiality again in the near term every certiorari petition on materiality since Escobar has been denied district courts will continue to be where the key decisions as to how FCA materiality, and the scope of what can be enforced with the FCA, will be made.

Agencies and courts continue contemplating ramifications of the "substantive legal requirement" concept following the Supreme Court's Allina decision.

On June 3, 2019, the Supreme Court in Azar v. Allina Health Services held that any Medicare issuance that establishes or changes a substantive legal standard governing Medicare eligibility, benefits or payments for services must go through notice-and-comment rulemaking to be valid.[14]

Since that decision, district courts and agencies have acknowledged Allina's broad impact on FCA litigation, albeit reaching different conclusions on the actual effects as applied in specific instances.

For example, in Agendia Inc. v. Azar and Polansky v. Executive Health Resources Inc., the U.S. District Courts for the Central District of California and the Eastern District of Pennsylvania have thrown out cases on summary judgment where the guidance at issue constituted a substantial legal standard that was not promulgated through notice-and-comment rulemaking. Both decisions are on appeal.[15]

The U.S. District Court for the Northern District of Mississippi, in denying the defendants' motion to dismiss in U.S. v. Mitias Orthopaedics, noted that while it had some skepticism about whether FCA actions would necessarily be subject to Allina, it expressly did "not rule out the possibility that it will eventually agree with [defendants'] interpretation of Allina in this case."[16]

On Dec. 7, 2020, the U.S. Department of Health and Human Services issued its good guidance practices final rule, which limits HHS' ability to issue and rely upon subregulatory guidance documents in enforcement actions, investigations, and audits, including actions relating to coverage and reimbursement for items and services under Medicare and other federal health care programs, and establishes a petition process to challenge guidance.[17]

The effect was swift: On Jan. 8, 2021, HHS released its first formal response to a petition submitted pursuant to the good guidance practices final rule's petition process.[18] HHS agreed to withdraw certain guidance documents that DaVita Inc. challenged as unlawful, as CMS determined that "they impose binding new obligations that are not reflected in duly enacted statutes or regulations lawfully promulgated under them."[19]

Given recent judicial and agency action, there may be new avenues both to challenge and, potentially seek early resolution of FCA cases or investigations premised on allegations of noncompliance with subregulatory guidance not lawfully promulgated. We expect to see additional challenges play out in 2021.

Courts continue scrutinizing the DOJ's discretion to dismiss qui tam claims following the Granston memorandum.

Section 3730(c)(2)(A) of the FCA gives DOJ the express authority to seek dismissal of an FCA case, even over the relator's objection, if the relator is provided notice and an opportunity for a hearing.

While that authority has historically been exercised rarely, the DOJ increasingly moved to dismiss cases following release of the Jan. 10, 2018, memorandum authored by Deputy Assistant Attorney General Michael Granston that instructed the DOJ and U.S. Attorney's Office civil litigators to consider dismissal of qui tam actions under Section 3730(c)(2)(A) where it would be in the government's interest to do so, for example, to curb meritless claims, preserve government resources or safeguard classified information.

TheDOJ reported that, between Jan. 1, 2018, and Dec. 19, 2019, it sought dismissal of 45 FCA cases.[20] This was roughly the same amount of cases that the DOJ moved to dismiss in the 30 years preceding the Granston memorandum.[21]

However, courts remain divided on what standard to apply when the government exercises that statutory dismissal authority. The DOJ's efforts to dismiss qui tam cases have generally been analyzed under two standards: the U.S. Court of Appeals for the D.C. Circuit's Swift standard and the Ninth Circuit's Sequoia Orange standard.[22]

The Swift standard is the most deferential and provides the government with an unfettered right to dismiss qui tam cases. By contrast, the Sequoia Orange standard applies a rational relation standard that requires the government to show (1) a valid government purpose and (2) a rational relation between dismissal and accomplishment of the purpose before the court can grant the dismissal.

The U.S. Court of Appeals for the Seventh Circuit recently fashioned a new standard for evaluating Section 3730(c)(2)(A) dismissals. In U.S. v. UCB Inc., the DOJ declined to intervene and later sought to dismiss the case after its investigation found the claims lacked sufficient merit to justify the use of government resources. The district court denied the motion to dismiss, holding that the Sequoia Orange standard was not satisfied.[23]

On appeal, the Seventh Circuit declined to adopt Swift or Sequoia Orange, finding the "choice between the competing standards as a false one, based on a misunderstanding of the government's rights and obligations under the False Claims Act."

The Seventh Circuit ultimately held that the FCA requires the DOJ "to intervene as a party before exercising its right to dismiss under 3730(c)(2)(A)" and therefore construed DOJ's motion to dismiss also as a motion to intervene.

Finding that DOJ had intervened in the action, the Seventh Circuit looked to Federal Rule of Civil Procedure 41(a)(1)(A)(i), which provides that a plaintiff has an absolute right to dismiss an action without prejudice any time "before the opposing party serves either an answer or a motion for summary judgment," and the case was dispensed with on that basis.

While the Seventh Circuit's new standard arguably poses a higher bar than the Swift standard, the court's reasoning indicates that, as a practical matter, the DOJ should have a nearly unfettered right to intervene and dismiss pursuant to Rule 41(a)(1)(A)(i).

Just weeks prior to the Seventh Circuit's decision, the Ninth Circuit, in United States v. Academy Mortgage Corp., refused, on jurisdictional grounds, to invoke the collateral order doctrine to permit the DOJ to appeal the district court's denial of a motion to dismiss, permitting the case to proceed over the government's objection.[24]

On April 6, 2020, the court denied certiorari on this issue in U.S. v. JPMorgan Chase Bank, where the relator argued that the D.C. Circuit should have required the DOJ to show that the dismissal served a valid governmental purpose, i.e., adopt the Sequoia Orange standard.[25] It remains unclear whether the Supreme Court will weigh in on the circuit split in 2021.

Other expectations for 2021 include heightened CARES Act enforcement, increased scrutiny on telemedicine and clarifications to physician compensation rules.

The Coronavirus Aid, Relief and Economic Security Act was signed into law by former President Donald Trump on March 27, 2020, and with $1.8 trillion in direct aid to individuals and businesses, comprises the largest stimulus package in U.S. history.[26]

Under the Trump administration, combating COVID-19-related fraud was a top priority for the DOJ and, while other enforcement priorities remain to be seen, the Biden administration will almost certainly continue to focus on COVID-19 enforcement.[27]

On Jan. 12, 2021, the DOJ announced the first civil settlement to resolve allegations of fraud relating to misuse of Paycheck Protection Program funds, and we expect to see an increase in these resolutions throughout 2021.[28]

We also expect increased government scrutiny on telemedicine. As part of the ongoing efforts to provide safe medical care during the COVID-19 pandemic, HHS issued an amended declaration under the 2005 Public Readiness and Emergency Preparedness Act to expand its COVID-19 emergency countermeasures to allow clinicians to engage in certain limited telemedicine activities in states other than those in which they are licensed.[29]

While telemedicine enforcement actions to date have focused largely on criminal kickback schemes, providers practicing pursuant to HHS' amended declaration should be aware of enhanced scrutiny and potential liability in 2021.

On Nov. 20, 2020, HHS released complementary rules to modernize and clarify the regulations that interpret the Physician Self-Referral Law, also known as the Stark Law, and the federal Anti-Kickback Statute as part of its Regulatory Sprint to Coordinated Care.[30] The rules reflect an attempt to create exceptions and safe harbors that refine the Stark Law's strict-liability-based civil penalties and the Anti-Kickback Statute's criminal penalties.

The stated goal of these reforms is to prevent certain nonabusive and beneficial arrangements from being subject to enforcement actions. While many components of the rules are, in large part, clarifications of existing rules, they may be used to interpret the provider compensation rules in existing FCA actions.

Conclusion

Looking back on 2020, while the DOJ's FCA recovery numbers were the lowest sincefiscal year 2008, the key takeaway is that the DOJ set a record for the most new FCA matters ever initiated in a single year and did so despite a global pandemic, closed courts and conducting investigations remotely.

If the government's heightened enforcement activity relating to prior economic crises and government stimulus programs is any indication, we can expect a surge in FCA cases and enforcement activity in 2021.

Erica Bahnsenis a member at the firm.

Daniel Fundakowskiis senior counsel at the firm.

The opinions expressed are those of the author(s) and do not necessarily reflect the views of the firm, its clients, or Portfolio Media Inc., or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.

[1] Department of Justice, Justice Department Recovers Over $2.2 Billion from False Claims Act Cases in Fiscal Year 2020, Jan. 14, 2021, available at https://www.justice.gov/opa/pr/justice-department-recovers-over-22-billion-false-claims-act-cases-fiscal-year-2020.

[2] 938 F.3d 1278 (11th Cir. 2019).

[3] 952 F.3d 89 (3rd Cir. 2020).

[4] Id. at 100.

[5] 953 F.3d 1108 (9th Cir. 2020).

[6] Id. at 1117.

[7] With that certiorari petition being distributed for conference on February 19, 2021, a denial could appear on the Supreme Court's orders list as early as February 22, 2021, or, if not relisted, the petition could be granted as soon as the following week.

[8] 136 S. Ct. 1989 (2016).

[9] 949 F.3d 533 (10th Cir. 2020).

[10] Id. at 542.

[11] 963 F.3d 1089, 1098 (11th Cir. 2020).

[12] As it relates to the Medicare claims, "upcoding" involved allegations of artificially inflating RUG codes and "ramping" involved artificial timing of spikes in patient treatment to coincide with Medicare's regularly scheduled assessment periods to maximize reimbursement going forward. The Eleventh Circuit affirmed the district court's findings on the relator's failure to prove materiality on the Medicaid claims.

[13] Id. at 1105.

[14] 139 S. Ct. 1804 (2019).

[15] Agendia, Inc. v. Azar, 420 F. Supp. 3d 985 (C.D. Cal. 2019) (pending appeal before the Ninth Circuit); Polansky v. Executive Health Resources, Inc., 422 F. Supp. 3d 916 (E.D. Pa. 2019) (pending appeal before the Third Circuit).

[16] 2021 WL 79615, at *11 (N.D. Miss. Jan. 11, 2021).

[17] Department of Health & Human Services, HHS Finalizes Good Guidance Practices Rule and Issues Advisory Opinion Regarding Compliance with Notice-and-Comment Obligations, Dec. 3, 2020, available at https://www.hhs.gov/about/news/2020/12/03/hhs-finalizes-good-guidance-practices-rule-issues-advisory-opinion-regarding-compliance-notice.html.

[18] Department of Health & Human Services, Good Guidance Petition Response 21-01, Jan. 8, 2021, available https://www.hhs.gov/sites/default/files/davita-petition-response-and-exhibit.pdf.

[19] On December 3, 2020, the HHS Office of the General Counsel issued Advisory Opinion 20-05 to clarify how HHS will comply with Allina. While caveated as not binding on "HHS or the federal courts," the opinion states that "to the extent that guidance documents set forth Medicare policies or rules that are not closely tied to statutory or regulatory standards, the government generally cannot use violations of that guidance to inform the basis for any enforcement action, because under Allina, it was not validly issued."[19]

[20] See Department of Justice, Letter from DOJ Office of the Assistant Attorney General to Senator Chuck Grassley, Dec. 19, 2019, available at https://www.grassley.senate.gov/sites/default/files/2019-12-19%20DOJ%20to%20CEG%20%28FCA%20dismissals%29.pdf; see also Department of Justice, Remarks of Deputy Assistant Attorney General Michael D. Granston at the ABA Civil False Claims Act and Qui Tam Enforcement Institute, Dec. 2, 2020, available at https://www.justice.gov/opa/speech/remarks-deputy-assistant-attorney-general-michael-d-granston-aba-civil-false-claims-act (noting how DOJ "has filed motions to dismiss in approximately 50 qui tam actions" since DOJ's September 2018 update to the Justice Manual with the dismissal guidance outlined in the Granston memorandum).

[21] See Department of Justice, Principal Deputy Assistant Attorney General Ethan P. Davis Remarks on the False Claims Act at the U.S. Chamber of Commerce's Institute for Legal Reform, June 26, 2020, available at https://www.justice.gov/civil/speech/principal-deputy-assistant-attorney-general-ethan-p-davis-delivers-remarks-false-claims.

[22] Swift v. United States, 318 F.3d 250 (D.C. Cir. 2003); U.S. ex rel. Sequoia Orange Co. v Baird-Neece Packing Corp., 151 F.3d 1139 (9th Cir. 1998).

[23] 970 F.3d 835 (7th Cir. 2020).

[24] 968 F.3d 996 (9th Cir. 2020).

[25] 2019 WL 4566462 (D.C. Cir. Aug. 22, 2019), cert. denied 140 S.Ct. 2660 (Apr. 6, 2020).

[26] The CARES Act, Pub. L. No. 116-136 (2020).

[27] See, e.g., Press Release, Department of Justice, Combating CARES Act Fraud: Ensuring Economic Relief for Americans Through Law Enforcement Efforts, July 8, 2020, available at https://www.justice.gov/usao-edtx/pr/combating-cares-act-fraud-ensuring-economic-relief-americans-through-law-enforcement; Press Release, Department of Justice, Acting Assistant Attorney General Brian Rabbitt Delivers Remarks at the PPP Criminal Fraud Enforcement Action Press Conference, Sept. 10, 2020, available at https://www.justice.gov/opa/speech/acting-assistant-attorney-general-brian-rabbitt-delivers-remarks-ppp-criminal-fraud.

[28] Press Release, Department of Justice, Eastern District of California Obtains Nation's First Civil Settlement for Fraud on Cares Act Paycheck Protection Program, Jan. 13, 2021, available at https://www.justice.gov/usao-edca/pr/eastern-district-california-obtains-nation-s-first-civil-settlement-fraud-cares-act.

[29] Department of Health & Human Services, Fourth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID19 and Republication of the Declaration, available at https://www.phe.gov/Preparedness/legal/prepact/Pages/4-PREP-Act.aspx; Department of Health & Human Services, HHS Amends PREP Act Declaration, Including to Expand Access to COVID-19 Countermeasures Via Telehealth, available at https://www.hhs.gov/about/news/2020/12/03/hhs-amends-prep-act-declaration-including-expand-access-covid-19-countermeasures-telehealth.html.

[30] Centers for Medicare & Medicaid Services, "Medicare Program; Modernizing and Clarifying the Physician Self-Referral Regulations," 85 FR 77492 (Dec. 2, 2020), available at https://www.federalregister.gov/documents/2020/12/02/2020-26140/medicare-program-modernizing-and-clarifying-the-physician-self-referral-regulations; Office of Inspector General, "Medicare and State Health Care Programs: Fraud and Abuse; Revisions to Safe Harbors Under the Anti-Kickback Statute, and Civil Monetary Penalty Rules Regarding Beneficiary Inducements," 85 FR 77684 (Dec. 2, 2020), available at https://www.federalregister.gov/documents/2020/12/02/2020-26072/medicare-and-state-health-care-programs-fraud-and-abuse-revisions-to-safe-harbors-under-the.

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Life Extension Foundation – Wikipedia

Posted: at 7:55 am

The Life Extension Foundation (LEF) is a company that sells supplements and vitamins. Its claimed goals are to extend the healthy human lifespan by discovering methods to control aging and eradicate disease. It is headquartered in Fort Lauderdale, Florida. It also has a call center location in Las Vegas, Nevada.

In the late 1990s, LEF sold "antiaging nostrums like DHEA and melatonin," whose "antiaging benefits" mainstream researchers asserted were "dubious or nonexistent".[1]

More recently, it has been involved in providing $5 million in funding to the Stasis Foundation,[2] an organization which aims to build a "Timeship" which would aid in the "cryopreservation of patients, organs, the DNA of humans and endangered species," but had been threatened with the loss of nonprofit status due to the lack of construction up to the year 2011.[3] In 2016, the Stasis Foundation claimed to have begun work on the Timeship.[4]

The Life Extension Foundation also donated $3.5 million to 21st Century Medicine, a for-profit company that specializes in living systems preservation technology[2] that was founded by Saul Kent.[1]

It was founded by Saul Kent and William Faloon in 1980.[1][5]

In 1987, the FDA raided the Life Extension Foundation's warehouse, and charged Kent and Faloon with 27 counts, including that of distributing unapproved drugs, in later dropped charges. In response Kent and Faloon opened the FDA Holocaust Museum, a one-room museum that contains "books and articles about life extension" and comparisons between the FDA and the Nazis.[6]

In May 2013, the Internal Revenue Service revoked the Life Extension Foundations tax-exempt status, retroactive to 2006.[7] Forbes reported that "The IRS problem with the Foundation is [...] an entirely worldly one: it asserts the membership organizations operations seem to be too entwined with the for-profit Life Extension Buyers Club."[2] LEF filed a Complaint for Declaratory Judgment on August 7, 2013, in U.S. District Court for the District of Columbia challenging the IRS' allegations.[8] In 2018 the exemption was reinstated retroactive to the date it was revoked (May 2013).[9][10] (Employer Identification Number 591746396)

Its most recent tax filing at the time stated that it had assets of over $25 million and netted more than $3 million on revenue of more than $18 million that year.[2]

On February 8, 2018 the name of the Life Extension Foundation, Inc was changed to Biomedical Research and Longevity Society, Inc.[11]

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TIPA and PerfoTec collaborate to create compostable packs that extend shelf-life – Packaging Europe

Posted: at 7:55 am

Compostable packaging producer TIPA and shelf-life extension specialist PerfoTec have partnered to offer compostable packaging that reportedly extends the shelf-life of fresh produce.

TIPA and PerfoTec say that their solutions, which utilise laser microperforated compostable films, have been found to extend the shelf-life of fruit, vegetables and flowers by up to two times.

According to TIPA, its compostable packaging performs like a conventional plastic, but decomposes in compost back into the soil with no toxic residue, microplastics or other pollutants. The company also says that its solutions mesh with existing industry machinery and manufacturing practices.

Meanwhile, PerfoTecs patented High Precision Laser Technology facilitates longer shelf-life by adapting the permeability of food packaging.

TIPA predicts that the growing market share for alternatives to conventional plastic, like compostable films, will be a key contributor to the growth of the global flexible packaging market. The size of the market is expected to increase from $160.8 billion to $200.5 billion by 2025.

PerfoTecs CEO, Bas Groeneweg, said: After months of trials with this film, we realised that TIPAs compostable film combined with PerfoTecs patented laser perforation provided the best shelf-life for fruits, vegetables and flowers by far. It provides longer shelf-life and freshness which means fewer quality losses, less food waste and cost savings for producers and retailers.

Partnering with TIPA to create compostable packaging that can outperform conventional plastic is a hugely exciting step forward for sustainable packaging. Were delighted to be playing our part in the stride against quality losses, food waste and plastic pollution.

Ayellet Zinger, VP of sales for TIPA, added: In combining our technologies, TIPA and PerfoTec form a synergistic partnership that optimises flexible packaging for produce.

We have created an exceptional product that extends the shelf-life of fruit, vegetables and flowers with a protective and fully compostable film that decomposes just like the product its packaging. TIPA and PerfoTec bring huge added value for flexible produce packaging, reducing food and packaging waste, and providing solutions for the future of sustainable packaging.

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Who Is Black Lives Matter? – Washington Examiner

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" Black Lives Matter" is more popular than either President Trump or Joe Biden, the presumptive Democratic nominee, according to recent polling. The online research firm Civiqs found in June that voters approved of the movement by a 28-point margin. Rasmussen found 62% of likely voters viewed it favorably and 32% very favorably.

This demonstrates that there is a national consensus that the lives of black fellow citizens matter, which has not always been the case in our history. It also suggests strong support for better, fairer policing in minority communities. But that seems far more likely to be because large majorities believe in the principle of the Declaration of Independence that all men are created equal rather than because they support the agenda of the organization with the innocuous-sounding name, Black Lives Matter.

Fact is, "black lives matter" is a matter of common decency entirely separate from the activist, ideological, left-wing agenda of the BLM group. That organization has stated aims that go far beyond addressing police brutality. Its goals include, without apology, the upending of American society. Yet it has gained massively more attention, support, and money since the death of George Floyd, an unarmed black man, in Minneapolis police custody. It is therefore important that the public, much of which thinks that by supporting BLM, they are backing obviously decent and humane reforms, knows enough to make the distinction between the idea and the ideologues hijacking it.

The co-founders of Black Lives Matter are avowed Marxists. At least one names a convicted cop killer among her heroes. A key mentor in building and shaping the group is a two-time vice presidential candidate for the Communist Party USA. The national organization is financially supported through a leftist group whose board of directors includes a convicted terrorist. A 2017 report from Black Lives Matter describes its founders, Alicia Garza, Patrisse Khan-Cullors, and Opal Tometi, as three radical Black organizers. The women espouse Marxism and openly push radical identity politics.

Susan Rosenberg was listed as vice chair of the board of directors for Thousand Currents, BLM's financial sponsor, until the website was pulled down in late June. She had been a member of a radical leftist revolutionary militant group known as the May 19th Communist Organization, which was affiliated with the Weather Underground terrorist group and the radical Black Liberation Army. She was convicted on weapons and explosives charges and sentenced to 58 years in prison, serving 16 years behind bars before being pardoned by President Bill Clinton at the end of his second term in January 2001.

Rosenberg was a radical in the 1960s and 1970s who landed on the FBIs Most Wanted list for a number of crimes. She was caught in 1984 while unloading hundreds of pounds of dynamite and weapons, including a submachine gun, from her car at a New Jersey storage facility. She was believed to have been part of politically motivated bombing plots. Rosenberg and her associates were also charged with bombings during the 1980s that detonated at the Capitol and the Navy War College, among other targets. They were tied to a 1981 Brinks armored car robbery in which a guard and two police officers were killed. She wrote an autobiography in 2011 titled An American Radical: Political Prisoner in My Own Country about her own radical escapades.

Garza has repeatedly talked about how convicted cop killer and wanted domestic terrorist Joanne Chesimard, also known as Assata Shakur, is one of her main inspirations. Rosenberg was suspected of helping Shakur escape from prison after murdering a police officer.

Garza wrote an article for Feminist Wire in 2014 claiming that hetero-patriarchy and anti-Black racism within our movement is real and felt and explaining that when I use Assatas powerful demand in my organizing work, I always begin by sharing where it comes from, sharing about Assatas significance to the Black Liberation Movement, what its political purpose and message is, and why its important in our context. Garza has repeatedly tweeted approvingly about Shakur.

Shakur is on the FBIs Most Wanted Terrorists list with a $1,000,000 reward for information directly leading to her apprehension. She is believed to be hiding in Cuba. Shakur, a member of the revolutionary extremist group the Black Liberation Army, is wanted for escaping from prison in New Jersey in 1979 while serving a life sentence for murdering a police officer. In 1973, Shakur and two accomplices were stopped for a motor vehicle violation on the New Jersey Turnpike by two state troopers. She was wanted at the time for her role in a number of serious crimes, including bank robbery. When pulled over, Shakur and her comrades opened fire on the officers, wounding one trooper and killing Werner Foerster execution-style at point-blank range.

The BLM website is operated under an umbrella group known as the Black Lives Matter Global Network Foundation, chaired by Cullors, who said she and Garza are trained organizers and trained Marxists during a 2015 interview with the Real News Network, noting: We actually do have an ideological frame. We are super versed on, sort of, ideological theories, and I think what we really try to do is build a movement that could be utilized by many, many black folk.

Black Lives Matter states that it was founded in 2013 in response to George Zimmerman being acquitted of the killing of Trayvon Martin. Zimmerman argued hed acted in self-defense. President Barack Obamas Justice Department under Attorney General Eric Holder found insufficient evidence to pursue any federal civil rights charges.

Cullorss memoir, When They Call You a Terrorist: A Black Lives Matter Memoir, includes a foreword written by Angela Davis and an opening epigraph from Shakur. In the book, Cullors writes that we do this work today because on another day work was done by Assata Shakur, Angela Davis, [transgender activist] Miss Major, the Black Panther Party, and others. In describing her move toward activism, Cullors wrote, I read, I study, adding Mao, Marx, and Lenin to my knowledge of hooks.

Mao Zedong, founder of the Peoples Republic of China, was responsible for the deaths of tens of millions of his own people, including 45 million or more during the Great Leap Forward, and millions more during the Cultural Revolution. Vladimir Lenin, the first leader of the Soviet Union, presided over the Red Terror, which killed many tens of thousands as he launched one of the most repressive regimes in history.

Cullors told Teen Vogue in 2019 that Angela Davis is a mentor of mine. The duo have coordinated on BLMs strategies, and they appeared together at a TimesTalks event put on by the New York Times in 2018. During that discussion, Cullors called the poverty she grew up in a setup imposed upon her by a capitalist society and remarked: If this is a setup, then I can set it up differently. Davis, seen as a hero and mentor to the BLM co-founders, is another Marxist and was the Communist Party vice presidential nominee in 1980 and 1984. She was a leading apologist for the Soviet Union during the Cold War, even praising the East German and Soviet tyrannies while in East Berlin. Davis was the winner of the Soviet Unions Lenin Peace Prize and repeatedly praised the USSRs October 1917 Revolution.

In the United States, Davis was affiliated with the Black Panther Party and connected to violent, murderous radicals. Firearms registered to her were used in the takeover of a California courtroom in 1970 where four people were killed. Davis detests Israel and has been dogged by accusations of anti-Semitism for decades. She has been a fervent supporter of the boycott, divestment, and sanctions movement waging economic warfare against the state of Israel in recent years. Harvard law professor Alan Dershowitz wrote in his 1991 book Chutzpah that hed asked Davis if shed be willing to speak up on behalf of Jewish prisoners of conscience in the Soviet Union when she went to Moscow to receive a prize and claims she told him that they are all Zionist fascists and opponents of socialism and would urge that they be kept in prison. But she has pushed for political prisoner Marwan Barghouti to be released from an Israeli prison. Barghouti, one of the leaders of the First and Second Intifada and a founder of the al Aqsa Martyrs' Brigades, was convicted on 21 counts of murder for attacks carried out by Palestinian terrorists.

Davis recently endorsed Biden on Moscow's state-owned Russia Today.

Garza and Davis appeared on Democracy Now! in 2017, with Garza effusive in her praise of Davis and repeatedly thanking her for helping guide the BLM leaders.

I have to say, Angela, one of the things I appreciate so much about you is that youre not waxing poetic about things that happened; youre still very much in relationship to all of us and still teaching us, Garza said. Thank you for being a constant presence for us. You are always 100% available and paying attention, and it means a lot to all of us. You are one of my greatest teachers.

Garza explained how thoroughly shed been shaped by Daviss radical ideology: I have a bookshelf full of your writings. And theres something very special and powerful about what you have offered to all of us this unapologetic way of making sure that we understand how intricately connected race and class and gender is, and then pushing that up against the state and the state apparatus and having us understand how we need to fight that with the relationship between race and class and gender in shaping our strategies and our movements is unmatched, so I want to thank you for that. Thank you for shaping not just our ideas, but the fights that we have on the ground.

Garza spoke at a leftist Net Impact Conference in 2016, where she made it clear that BLM was a wider agenda than police brutality, also pointing to the wage gap, climate change, the Dakota Access Pipeline protests at the Standing Rock Reservation, and much more, arguing that at the root of these alleged problems was the capitalist system.

The closely affiliated Movement for Black Lives claimed in 2016 that Israel was an apartheid state committing genocide against the Palestinian people. Cullors has repeatedly talked about the importance of solidarity with Palestine, leading a delegation to Palestine. Cullors was one of the signatories of 2015s Black Solidarity Statement with Palestine, a thoroughly anti-Israel screed that stated in part: Out of the terror directed against us from numerous attacks on Black life to Israels brutal war on Gaza and chokehold on the West Bank strengthened resilience and joint-struggle have emerged between our movements. The statement also said that the signatories reject Israels framing of itself as a victim and, hand-waving away the countless terrorist attacks and thousands of rocket bombardments against Israel, falsely claimed that anyone who takes an honest look at the destruction to life and property in Gaza can see Israel committed a one-sided slaughter.

In the wake of Floyds death and the subsequent protests, Black Lives Matter quickly set up a petition on its website to #DefundThePolice.

We call for an end to the systemic racism that allows this culture of corruption to go unchecked and our lives to be taken, Black Lives Matter said. We call for a national defunding of police. We demand investment in our communities and the resources to ensure Black people not only survive, but thrive.

The Black Lives Matter website explains this proposal with a July post declaring: We know that police dont keep us safe and as long as we continue to pump money into our corrupt criminal justice system at the expense of housing, health, and education investments we will never be truly safe. Thats why we are calling to #DefundPolice and #InvestInCommunities.

The group argued that George Floyds violent death was a breaking point an all too familiar reminder that, for Black people, law enforcement doesnt protect or save our lives. They often threaten and take them.

BLM is clear about its opposition to President Trump and Republicans. A letter from BLMs organizing director Nikita Mitchell has lamented that we face blatant anti-Blackness, capitalist values, and imperial projects, and she decried a rise of conservatism that has resulted in a fascist president.

BLM says that it is looking to influence Novembers election, arguing that Black voters tipped the balance in the 2018 midterm elections and that moving towards 2020, we seek to increase the power of our voices and votes. The group recently launched a #WhatMatters2020 campaign aimed to maximize the impact of the BLM movement by galvanizing BLM supporters and allies to the polls in the 2020 U.S. Presidential Election. The campaign says that it is focused on racial injustice, police brutality, criminal justice reform, Black immigration, economic injustice, LGBTQIA+ and human rights, environmental conditions, voting rights and suppression, healthcare, government corruption, education, and commonsense gun laws.

Beyond their Black Lives Matter work, Cullors calls herself the self-described wife of Harriet Tubman and works on radical Los Angeles jail reform, while Tometi also spent years as executive director of the leftist Black Alliance for Just Immigration. Garza, Cullors, and Tometi were named three of Time Magazines 100 Women of the Year for 2013.

Black Lives Matter raises money through the ActBlue donation platform, though claims that this makes it a "shell company" for the Democratic Party are unfounded. Black Lives Matter appears to make up the majority of the donation work that Thousand Currents does, with the 2019 public audit statement for the latter group showing just over $6.4 million in total financial assets, including holding more than $3.3 million in assets for Black Lives Matter as of the end of last June. The audit shows Thousand Currents released nearly $1.8 million in donations to Black Lives Matter during the year ending on June 30, 2019.

The Black Lives Matter Global Network Foundation has pulled in huge amounts of cash since Floyds death, telling the Associated Press that it had received more than 1.1 million individual donations as of mid-June, with each donor giving an average of $33 per donation meaning the group brought in more than $33 million in less than a month. Donations have continued to roll in since then.

BLM announced funds totaling $12.5 million in recent weeks. It first unveiled a $6.5 million fund to support its grassroots organizing work on June 11, stating in a press release that it was grateful for the generosity and support of donors and that the fund would be available to all chapters affiliated with the BLM Global Network Foundation. Beginning July 1, affiliated chapters may apply for unrestricted grant funding of up to $500,000 in multi-year grants," the group said, later adding that another $6 million will go to helping black-led grassroots organizers.

In the upcoming year, we will provide resources to those new to the movement and interested in Black Liberation strategies by developing curriculum, Cullors said when announcing the new fund. In this stunning moment in American history, we will honor those lost, and those who have come before us in the fight for Black Liberation.

Radicals attempting to co-opt otherwise constructive social movements are nothing new. The far Left participated in, and in some cases infiltrated, civil rights groups without discrediting the just and necessary fight against Jim Crow. But the arguments that won the day against segregation were rooted in the best American traditions, not in overthrowing those traditions. Distinguishing Black Lives Matter the group from the growing sentiment in favor of racial justice driving the phrase's popularity is a necessary first step in repeating that history.

Jerry Dunleavy is a Justice Department reporter for the Washington Examiner .

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What Is The Black Lives Matter Movement? – WorldAtlas

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The campaign for African American rights in the United States has evolved over the years, first getting widespread attention after World War II. Also called the Civil Rights Movement, it took hold in the 1940s and 1950s when the NAACP challenged discrimination in public recreational facilities, segregation, and restrictive covenants in transportation and housing. In 1954, the U.S. Supreme Court outlawed public school segregation, but white citizen councils down South fought back, using economic pressures, legal maneuverings, and, sadly, violence. There is a long road still ahead for African American justice and equality.

Martin Luther King, Jr.s (MLK) first significant success was the 1955-56 bus boycott in Montgomery, Alabama. This nonviolent protest began when Rosa Parks refused to give her seat to a white passenger on a segregated bus. In 1956, the Supreme Court ruled that segregation of public transportation was unconstitutional. This led to the Southern Christian Leadership Conference in 1957, which Reverend King helped establish.

The Reverends other major accomplishments included leading sit-ins and marches in Birmingham, Alabama, and Washington, D.C. He was awarded the Nobel Peace Prize in 1964 when he was just 35 and donated his prize money to the Civil Rights Movement.

Black Power leader Malcolm X founded the Organization of Afro-American Unityin the early 1960s but was assassinated in 1965. MLK fell to the same fate in 1968. After the Vietnam War, black politicians made some gains on local and national levels as the years passed, but racism and discrimination against blacks remain in the fabric of U.S. society up until this day. There are many organizations that fight against this, and one of the newer ones is #BlackLivesMatter.

On February 26, 2012, a 17-year old African American boy, Trayvon Martin, was walking home when he was fatally shot by neighborhood watch volunteer George Zimmerman, who is white and Hispanic. Zimmerman stated that he was acting in self-defense, but the nation protested in anger. There were no eyewitnesses, but Zimmerman did have cuts on his head and a bloody nose. He was charged with second-degree murder, and a high-profile trial followed. He was later acquitted of all charges.

#BlackLivesMatter (BLM) was formed in 2013 in response to Zimmermans acquittal. This Black-centered political movement is the brainchild of three women: Alicia Garza, Patrisse Cullors, and Opal Tometi. It has grown into a global organization, the Black Lives Matter Foundation. It is based in the United States, Canada, and the United Kingdom.

According to their website, their mission is to eradicate white supremacy and build local power to intervene in violence inflicted on Black communities by the state and vigilantes. They work to improve Black lives by stopping violent acts and advocating for Black innovation, imagination, and joy. This is done through political and ideological intervention, with a focus that also includes women, and members of the LGBTQ+ as well as all others who were not represented by other organizations. #BlackLivesMatter does not have a central structure of a hierarchy and works through local chapters. The organizations regularly hold protests to combat police brutality, inequality, racial profiling, and killings of blacks.

#BlackLivesMatter had a significant presence in August of 2014 after an unarmed black teenager was shot and killed by a white police officer in Ferguson, Missouri. Eighteen-year-old Mike Brown had allegedly stolen a pack of cigarillos from a shop and pushed a store clerk. The police officer who responded stopped Brown and a friend, and there was an altercation. Although reports vary, the officers gun was fired; the incident was filmed on CCTV.

Browns death created a nationwide controversy, and The Black Life Matters Ride took place the following Labor Day weekend. More than 600 people participated. On June 3, 2020, KMBC News reported that Ferguson elected their first black female mayor, Ella Jones.

BLM participated in two critical events in 2018. That June, activists gathered at the San Diego, CA border to protest the inhuman treatment of refugees and migrants who were seeking asylum in the United States. In September, BLM marked the sixth-month anniversary of Stephon Clarks murder with 175 caskets. This event included members of the NAACP, Immigration Coalition, BSU Sacramento City, and other organizations.

In February of 2019, BLM joined a group of almost 60 celebrities plus human rights organizations to get Shyaa Bin Abraham-Joseph released. Their actions were aimed at the alleged targeting of Black immigrants. Abraham-Joseph was being detained by Immigration Customs and Enforcement.

After George Floyd was killed on May 25 in Minneapolis, protests erupted in different countries, and along with countless others, BLM members took to the streets. Demonstrators gathered at Londons Hyde Park and marched towards Victoria Station, and others were at Trafalgar Square, kneeling in solidarity. Additional demonstrations took place in Berlin, Paris, Dublin, Amsterdam, and of course, the U.S.

Signs reading Black Lives Matter and Racism is a Pandemic could be seen everywhere. While most of the protests started out peacefully, many degenerated into riots, with violence, arson, and widespread looting. Major U.S. cities have had to set up curfews; others have called in the National Guard. A Las Vegas police officer was shot on June 2 and is in grave condition. There have been several deaths reported as well:

Dozens of other incidences like this are flooding the media, and many calls for peaceful protests are being ignored. On June 2, a social media post claimed that Black Lives Matter riots would be taking place in Fresno, California. Black leaders there spoke out to let people know this was fake.

In light of what happened and the ongoing protests, #BlackLivesMatter has a new goal, a national defunding of police. They are calling for people to advocate for investing in communities and resources to help Black people not only survive but thrive.

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University and grower together research strawberry technologies – hortidaily.com

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Building on its 163-year tradition of innovation, Oppy is set to conduct two independent trials exploring the viability of new technologies that aim to further advance strawberry production practices by offering solutions to persistent issues faced by the industry.

The premier grower, marketer and distributor of fresh produce from around the world will work with the University of California, Santa Cruz on the first of the trials, a USDA-funded research project that aims to test a systems-based approach to pest and disease mitigation. The study will explore alternative treatments to mitigate pervasive and detrimental soil-borne pathogens during strawberry cultivation, includingFusarium oxysporumandMacrophomina phaseolina.

Were extremely excited to be working on finding solutions to challenges facing the strawberry industry as a whole, Oppys VP of Categories, Berries and Greenhouse Jason Fung said. Oppys participation in this research project has the potential to be transformative, as most soilborne pathogens are lethal to strawberry crops, so any improvements in reducing this will have a tremendous impact on our business on multiple fronts.

The second trial aims to improve operational efficiencies in strawberry cultivation through a robotic harvester. Oppy and its partners will examine if the new harvester can assist in solving some of the industrys difficulties with labor scarcity, which have only been amplified during the pandemic. The trial will determine if robotic picking is more efficient and cost-effective than traditional methods, as well as assess the harvesters ability to select fruit based on specific standards, and understand which varieties work best with this machine.

Automation in agriculture has been catapulted into the spotlight thanks to the unique challenges posed by the pandemic, Oppys Senior Manager of Insights and Innovation Garland Perkins said. By assessing the first ever commercially available robotic harvester for strawberries, Oppy has once again taken a leading role in exploring the future of our industry. Engaging with our stakeholders across the supply chain is necessary for the success of these trials, and reflects the collaborative approach that is essential for innovation.

Oppy has placed a renewed focus on innovation over the past few years, investing in numerous trials of a wide range of technologies and across categories. These include shelf life extension, varietal development, automation and more.

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PolitiFact | Is Black Lives Matter a Marxist movement?

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Backlash against Black Lives Matter includes branding it as Marxist.

The attack has been made in recent weeks by Rudy Giuliani, President Donald Trumps personal lawyer; Ben Carson, Trumps secretary of Housing and Urban Development; conservative talk show host Mark Levin; and PragerU, which has more than 4 million Facebook followers.

Arent sure what Marxism is, actually? It was developed by 19th century German philosopher Karl Marx and is the basis for the theory of communism and socialism. "Marxism envisioned the revolutionary overthrow of capitalism by the proletariat (working class people) and eventually a classless communist society," Encyclopedia Britannica and Oxford Reference say.

These days, Marxism usually means analyzing social change through an economic lens, with the assumption that the rich and the poor should become more equal.

In a recently surfaced 2015 interview, one of the three Black Lives Matter co-founders declared that she and another co-founder "are trained Marxists."

But the movement has grown and broadened dramatically. Many Americans, few of whom would identify as Marxists, support Black Lives Matter, drawn to its message of anti-racism.

"Regardless of whatever the professed politics of people may be who are prominent in the movement, they dont represent its breadth," said Keeanga-Yamahtta Taylor, Princeton University African American Studies professor and author of "From #BlackLivesMatter to Black Liberation."

"There are definitely socialists within the movement, as there have been in every single social movement in 20th century American history and today. But that does not make those socialist movements, it makes them mass movements," she said.

Trained Marxists

In a Facebook post labeling Black Lives Matter as a Marxist movement, PragerU included a video interview with Carol Swain, a Black conservative and former professor at Vanderbilt and Princeton universities. She said, "Now, the founders of Black Lives Matter, theyve come out as Marxists."

Swain alluded to Black Lives Matters three co-founders, who are still featured prominently on the groups website Patrisse Cullors, Alicia Garza and Opal Tometi. Their primary backgrounds are as community organizers, artists and writers. Swain, though, was referring to a newly surfaced interview Cullors did in 2015, where she said:

"We do have an ideological frame. Myself and Alicia, in particular, are trained organizers; we are trained Marxists. We are superversed on, sort of, ideological theories. And I think what we really try to do is build a movement that could be utilized by many, many Black folks."

We didnt find that Garza and Tometi have referred to themselves as Marxists. But the book publisher Penguin Random House has said Garza, an author, "describes herself as a queer social justice activist and Marxist."

What Black Lives Matter says

Black Lives Matter was formed in response to the 2013 acquittal of George Zimmerman, a neighborhood watch volunteer who fatally shot Trayvon Martin, an unarmed Black teenager, in Florida. The group calls its three co-founders "radical Black organizers."

The project started with a mission "to build local power and to intervene when violence was inflicted on Black communities by the state and vigilantes," the groups website says. "In the years since, weve committed to struggling together and to imagining and creating a world free of anti-Blackness, where every Black person has the social, economic and political power to thrive."

Included on its list of beliefs is one that has drawn criticism as being consistent with Marxism:

"We disrupt the Western-prescribed nuclear family structure requirement by supporting each other as extended families and villages that collectively care for one another, especially our children, to the degree that mothers, parents, and children are comfortable."

A spokesperson for Black Lives Matter; Kailee Scales, managing director at Black Lives Matter Global Network Foundation;and the three co-founders did not reply to our requests for information.

"On one level, these are just put downs," University of Massachusetts Amherst economics professor Richard Wolff, author of "Understanding Marxism," told PolitiFact about the attacks on Black Lives Matter.

If people declare themselves Marxists, they are in effect Marxists, but "there really is no standard" of what Marxism is, "theres no way to verify anything."

Black Lives Matter today

Its important to recognize that movements evolve.

Noting Cullors declaration of being Marxist trained, "one has to take that seriously: if the leadership says it is Marxist, then there's a good chance they are," said Russell Berman, a professor at Stanford University and a senior fellow at its conservative Hoover Institution who has written critically about Marxism.

But "this does not mean every supporter is Marxist Marxists often have used useful idiots. And a Marxist movement can be more or less radical, at different points in time," he said.

Black Lives Matters "emphatic support for gender identity politics sets it apart from historical Marxism," and the goals listed on its website "do not appear to be expressly anti-capitalist, which would arguably be a Marxist identifier," Berman added.

The groups support is broad.

Even as some Americans express support for socialism, most view it negatively, and few of the supporters would identify themselves as Marxist.

Meanwhile, 50% of registered voters support Black Lives Matter as of mid-July, up from 37% in April 2017, according to Civiqs, an online survey research firm.

In July, the New York Times reported that Black Lives Matter may be the largest movement in U.S. history, as four polls suggest that about 15 million to 26 million people in the United States have participated in demonstrations over the death of Floyd and others in recent weeks. (That does not account for similar protests overseas.)

"I am fairly convinced these are mostly attempts to smear anti-racist activists. I think in some media, Marxist is dog-whistle for something horrible, like Nazi, and thus enables to delegitimize/dehumanize them," Miriyam Aouragh, a lecturer at the London-based Westminster School of Media and Communication, told PolitiFact.

Black Lives Matter "is not an organization, but a fluid movement; it doesnt actually matter if one of its founders was a liberal, Marxist, socialist or capitalist."

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The agenda of Black Lives Matter is far different from the …

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Many see the slogan Black Lives Matter as a plea to secure the right to life, liberty and the pursuit of happiness for all Americans, especially historically wronged African Americans. They add the BLM hashtag to their social-media profiles, carry BLM signs at protests and make financial donations.

Tragically, when they do donate, they are likely to bankroll a number of radical organizations, founded by committed Marxists whose goals arent to make the American Dream a reality for everyone but to transform America completely.

This might be unknown to some of the worlds best-known companies, which have jumped on the BLM bandwagon. Brands like Airbnb and Spanx have promised direct donations.

True, others like Nike and Netflix have shrewdly channeled their donations elsewhere, like the NAACP and other organizations that have led the struggle for civil rights for decades. These companies are likely aware of BLMs extreme agenda and recoil from bankrolling destructive ideas. But it requires sleuthing to learn this.

Companies that dont do this hard work are providing air cover for a destructive movement and compelling their employees, shareowners and customers to endorse the same. Just ask BLM leaders Alicia Garza, Patrisse Cullors and Opal Tometi.

In a revealing 2015 interview, Cullors said, Myself and Alicia in particular are trained organizers. We are trained Marxists. That same year, Tometi was hobnobbing with Venezuelas Marxist dictator Nicols Maduro, of whose regime she wrote: In these last 17 years, we have witnessed the Bolivarian Revolution champion participatory democracy and construct a fair, transparent election system recognized as among the best in the world.

Millions of Venezuelans suffering under Maduros murderous misrule presumably couldnt be reached for comment.

Visit the Black Lives Matter website, and the first frame you get is a large crowd with fists raised and the slogan Now We Transform. Read the list of demands, and you get a sense of how deep a transformation they seek.

One proclaims: We disrupt the Western-prescribed nuclear-family-structure requirement by supporting each other as extended families and villages that collectively care for one another.

A partner organization, the Movement for Black Lives, or M4BL, calls for abolishing all police and all prisons. It also calls for a progressive restructuring of tax codes at the local, state and federal levels to ensure a radical and sustainable redistribution of wealth.

Another M4BL demand is the retroactive decriminalization, immediate release and record expungement of all drug-related offenses and prostitution and reparations for the devastating impact of the war on drugs and criminalization of prostitution.

This agenda isnt what most people signed up for when they bought their Spanx or registered for Airbnb. Nor is it what most people understood when they expressed sympathy with the slogan that Black Lives Matter.

Garza first coined the phrase in a July 14, 2013, Facebook post the day George Zimmerman was acquitted of murdering Trayvon Martin. Her friend Cullors put the hashtag in front and joined the words, so it could travel through social media. Tometi thought of creating an actual digital platform, BlackLivesMatter.com.

The group became a self-styled global network in 2014 and a fiscally sponsored project of a separate progressive nonprofit in 2016, according to Robert Stilson of the Capital Research Center. This evolution has helped embolden an agenda vastly more ambitious than just #DefundthePolice.

The goals of the Black Lives Matter organization go far beyond what most people think. But they are hiding in plain sight, there for the world to see, if only we read beyond the slogans and the innocuous-sounding media accounts of the movement.

The groups radical Marxist agenda would supplant the basic building block of society the family with the state and destroy the economic system that has lifted more people from poverty than any other. Black lives, and all lives, would be harmed.

Theirs is a blueprint for misery, not justice. It must be rejected.

Andrew Olivastro is director of coalition relations at the Heritage Foundation. Michael Gonzalez is a Heritage senior fellow and author of the forthcoming book The Plot To Change America.

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