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The workshop will be held from 1 p.m. to 4 p.m. Thursday, July 28, 1000 Hensley Creek Rd, Ukiah.
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SACRAMENTO – California Agriculture Secretary Karen Ross is encouraging members of the California agricultural community to nominate representatives of the state’s fruit and vegetable industry to serve on the nation’s Fruit and Vegetable Advisory Committee for the 2011-13 term.
“As the nation’s leading producer of fruits and vegetables, California should be well-represented on this national committee,” Ross said. “This advisory group helps the United States Department of Agriculture’s leaders pursue policies and programs that meet the needs of this dynamic industry.”
The advisory committee was formed in 2001 to help USDA address issues faced by the fruit and vegetable industry, including helping to tailor the programs of USDA’s Agricultural Marketing Service (AMS).
The USDA secretary will appoint up to 25 representatives from the nation’s fruit and vegetable industry to serve two-three-year terms.
The committee, established under the authority of the Federal Advisory Committee Act of 1972 (Public Law 92-463), will include individuals from fruit and vegetable growers/shippers, wholesalers, brokers, retailers, processors, fresh cut processors and food service suppliers.
Individuals from state agencies involved in organic and non-organic fresh fruits and vegetables at local, regional and national levels, state departments of agriculture and trade associations will also be represented.
Written nominations must be received on or before July 20, 2011 and should be sent to Robert C. Keeney, Deputy Administrator, c/o Pamela Stanziani, Designated Federal Officer, Fruit and Vegetable Programs, USDA Room 2077-S, Stop 0235, Washington, D.C. 20250-0235; faxed to (202) 720-0016; or e-mailed to
Details of this notice appeared in the June 27, 2011 issue of the Federal Register.
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"School districts, nonprofits and municipalities in this case were all defrauded by Wall Street," Attorney General Harris said. "This settlement brings a measure of restitution, justice and closure to the victims."
The settlement was based on allegations that JPMC made secret deals with competitors handling the bidding process.
This allegedly illegal conduct included bid-rigging, peeking at competitors' bids and offering non-competitive courtesy bids. These schemes enriched the financial institutions and brokers at the expense of cash strapped state agencies, cities, school districts and non-profits that could ill afford the steep financial consequences of this illegal conduct.
The settlement also provides that JPMC will pay $17 million in restitution directly to certain other government and not-for-profit entities as part of separate agreements it entered into today with the U.S. Securities and Exchange Commission and the Office of the Comptroller of the Currency.
The state and federal settlements are distinct components of a coordinated global $228 million settlement that JPMC entered into today. JPMC also reached agreement with the U.S. Department of Justice's Antitrust Division, the Internal Revenue Service and the Federal Reserve Board.
JPMC is the third financial institution to settle with the multistate working group in the ongoing municipal bond derivatives investigation following Bank of America and UBS AG. To date, the state working group has obtained settlements worth approximately $250 million. California entities are set to receive approximately $6.7 million for restitution under the JPMC settlement.
Municipal bond derivatives are contracts that tax-exempt issuers use to reinvest proceeds of bond sales until the funds are needed, or to hedge interest-rate risk.
In April 2008, the states began investigating allegations that certain large financial institutions, brokers and swap advisors engaged in various schemes to rig bids and commit other deceptive, unfair and fraudulent conduct in the municipal bond derivatives market.
The investigation, which is still ongoing, revealed collusive and deceptive conduct involving individuals at JPMC and other financial institutions, and certain brokers with whom they had working relationships.
The allegedly wrongful conduct took the form of bid-rigging, submission of non-competitive courtesy bids and submission of fraudulent certifications of compliance to government agencies, among others, in contravention of U.S. Treasury regulations.
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This week, Jerome E. Horton, chairman of the California Board of Equalization, announced the next steps in enforcing ABx1 28, the measure passed by the Legislature and signed into law by the governor on June 28 to establish use tax collection obligations on out-of-state retailers.
Under ABx1 28, out-of-state online retailers who meet the criteria must register with the BOE and collect and remit the use tax.
If the out-of-state retailers refuse to comply with the law, the BOE, in accordance with Article 3, Section 3.5 of the California Constitution, is obligated to enforce the law.
Passage of the law, which the California legislature projects will help California collect an additional $200 million annually, adds California to a growing list of states that have turned to such measures in hopes of bringing in more revenue, and leveling the playing field for business.
The BOE has estimated that purchases from out-of-state retailers results in approximately $1.1 billion in unreported use tax.
Under Article 3, Section 3.5 of the California Constitution, agencies like the BOE do not have the power to declare a statute unenforceable, or refuse to enforce a statute, on the basis of it being unconstitutional, unless an appellate court or a referendum by the people has made a determination that such is the case.
“We are actively providing retailers information so that they have a clear direction regarding their new responsibilities.” Horton said. “We will engage in the necessary steps to ensure that the affected retailers collect and remit the use taxes owed to the State of California.”
The entire board will receive an update on the staff's implementation and enforcement plans and proposed future regulatory changes at the board meeting on July 26 which is open to the public for comment.
The BOE will have its first indication of non-compliance on Oct. 31 when the third quarter of 2011 returns are due and payable.
At that time, the BOE may begin issuing estimated billings to retailers who are required under the law to report and remit the use tax collected, but fail to comply.
Amazon has argued that the law is unconstitutional and wants California voters to decide whether to overturn the new law.
“This will likely set the stage for a potentially high-dollar ballot fight next year that would pit business against business,” said Horton.
A petition for a referendum was filed last Friday with the state Attorney General's Office, which could eventually require voters to decide on the new law. Amazon also has an option of challenging the law in court.
“Once the public learns that non-California companies who currently fail to comply with the law and play by the rules are costing California approximately $12.5 billion in sales and $1.1 billion in use taxes which translates into 37,000 jobs, $52 million in property taxes, and $48 million in income taxes, Californians will potentially reject the referendum,” said Horton.
Horton believes that the court of public opinion and the law of free trade will ultimately make the final determination of the winners and losers under ABx1 28 and Amazon will lose in the court of law.
“Amazon has also canceled all of its California based affiliates,” Horton pointed out. “This has caused some confusion and questions about customer loyalty. Will the California consumers wait until these legal and political differences are resolved? If not, market share and free trade will govern the day.”
Horton believes that California retailers have a window of opportunity to convince California consumers to buy from them online or in their local California base stores due to this action by Amazon. In addition, he believes that the affiliates may decide to associate with out-of-state or California based retailers willing to comply with the new law.
“Ultimately, until the public via a referendum, or the courts tell us otherwise, the Board of Equalization will enforce ABx1 28,” said Horton.
California and out-of-state retailers with questions regarding California nexus or registration are encouraged to call 916-227-6600.
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