Over 1 billion miles have been driven with Model 3 – thank you to all the amazing Tesla owners who got us here! tesla.com/3A post shared by Tesla (@teslamotors) on Mar 23, 2019 at 9:52am PDT Source: Electric Vehicle News First billion reached, second one to be achieved probably by the end of this yearAccording to Tesla, the growing number of Model 3s around the world already covered more than 1 billion miles (1.6 billion km).“Over 1 billion miles have been driven with Model 3 – thank you to all the amazing Tesla owners who got us here!”Assuming more than 147,000 Model 3 delivered by the end of 2018 and probably at least more than 50,000 so far this quarter, the average would be 5,000 miles (8,000 km) per car, but we must remember that more than half of those cars don’t even have six months (25% are 3 months old or newer and only 5% are older than 12 months).Tesla news Overall mileage of all Tesla cars is several billions of miles.Over 1 billion miles have been driven with Model 3 – thank you to all the amazing Tesla owners who got us here! https://t.co/aF1QLLciol— Tesla (@Tesla) March 23, 2019 Do The Math: This Tesla Model S Has An Effective Cost Of Just $5,060 View this post on Instagram Cumulative Tesla Model 3 Production Estimate Exceeds 225,000 U.S.’ Most Affordable EVs Per Mile Of Range: Tesla Model 3 Is #1 Author Liberty Access TechnologiesPosted on March 25, 2019Categories Electric Vehicle News
Some drivers are dumb. Others are even dumber. This video series will certainly be entertaining.Source: Electric Vehicle News
Tesla’s CEO claims EVs just came to their senses around 2014. And they are still behind.Source: Electric Vehicle News
Cricket Share on LinkedIn Giles Clarke has angered some county chairmen because of his autocratic style of management. Photograph: Tom Shaw/Getty Images Shares00 David Hopps … we have a small favour to ask. The Guardian will engage with the most critical issues of our time – from the escalating climate catastrophe to widespread inequality to the influence of big tech on our lives. At a time when factual information is a necessity, we believe that each of us, around the world, deserves access to accurate reporting with integrity at its heart.More people are reading and supporting The Guardian’s independent, investigative journalism than ever before. And unlike many news organisations, we have chosen an approach that allows us to keep our journalism accessible to all, regardless of where they live or what they can afford. But we need your ongoing support to keep working as we do.Our editorial independence means we set our own agenda and voice our own opinions. Guardian journalism is free from commercial and political bias and not influenced by billionaire owners or shareholders. This means we can give a voice to those less heard, explore where others turn away, and rigorously challenge those in power.We need your support to keep delivering quality journalism, to maintain our openness and to protect our precious independence. Every reader contribution, big or small, is so valuable. Support The Guardian from as little as $1 – and it only takes a minute. Thank you. Dismay is growing, however, at talk of what most see as wild and unworkable ideas, far removed from what they see as the priority – the future of Twenty20. The list, growing longer by the day, includes: a reduced championship split into three conferences; a return to three-day championship cricket: a Twenty20 league (the mooted English Premier League beginning in 2010) which would include three invited overseas sides, so reducing the counties’ chance to sign overseas players; and a 40-overs competition which would consist of two innings apiece, each of 20 overs.Stewart Regan, Yorkshire’s chief executive, would prefer a more traditional format that mirrors the international schedule: retention of a four-day championship; retention of the 50-overs competition as long as it is played at international level; and the scrapping of 40-overs cricket to make room for an expanded Twenty20 programme. Regan’s background as a former director of the Football League Championship gives him specialist knowledge, but he said: “All we have heard is what we have read in the papers. Let’s cut out the rumours, consult and move forward. All the counties have a right to be consulted in a major structural review.”The counties have brought some of this on themselves. The proposal to return to three-day cricket, for instance, is not the result of a marketing exercise but has been floated by Jack Simmons, a former Lancashire off-spinner and chairman and now the 67-year-old chairman of the ECB cricket committee – a man they voted for.Simmons’ belief that the championship should revert to three days, and 120 overs a day, which would doubtless result in 8.30pm finishes, several hasty pints and a fish-and-chip supper, has no chance of being adopted by the ECB board – not that the counties have been told this. Regan said: “The whole point of this review should be to decide how to make the best use of Twenty20. Let’s not fiddle at the edges.”David Harker, Durham’s chief executive, added his weight, saying: “What we know is that T20 is increasingly popular and we ought to be putting more and better T20 in the market. I’m not sure we have to make too many other changes.”The chief executives do have an option. The ECB’s market research will be carried out among Twenty20 crowds from June 11-27 and if they are lucky a young spectator will give them a form to fill in. · Talks over restructuring of game provoke dismay Counties’ anger grows over Clarke’s secret negotiations Topics Share on Messenger First published on Thu 29 May 2008 19.01 EDT Share on Twitter Sign up to the Spin – our weekly cricket round-up Share via Email Share on Twitter Since you’re here… Support The Guardian Share on Facebook Share on Pinterest Unrest is growing among the first-class counties about the secrecy of negotiations between the England and Wales Cricket Board and broadcasters over the future of the domestic game. The ECB board met at Lord’s yesterday to consider initial feedback from broadcasters concerning the structure of county cricket from 2010 but the counties themselves are increasingly dismayed that they have been left in the dark with no formal opportunity to present their views.Yorkshire and Surrey are just two leading counties who feel it is time for their views to be heard as the first sign of dissatisfaction rears its head over the autocratic style of the ECB chairman, Giles Clarke.Clarke masterminded the latest TV deal, which unapologetically removed live Test cricket from terrestrial TV, and whereas the small counties trust that he will somehow ensure their survival in the shake-up of the domestic game, the most powerful counties are increasingly impatient at the lack of consultation. While Clarke concerns himself with the broadcasters and the ITT document – the Invitation To Tender for TV rights beginning in 2010 – he increasingly needs to be aware of the dangers of the ITR, the Invitation To Rebel among counties who historically provide most of England’s players.Paul Sheldon, Surrey’s chief executive, said with a sigh yesterday: “I am completely in the dark as to what they might propose. All I know about is what I’ve read in the press.” Sheldon wants big-city cricket to spearhead a new Twenty20 competition, an idea which Clarke has already ridiculed at a meeting of the counties.Clarke’s authority is bolstered by two things: first, the counties yearned for leadership, so they can hardly complain now that they have got it; second, the Test-match counties are not in agreement about the way forward. Share on WhatsApp · Clubs feel chairman has left them in the dark Share via Email Thu 29 May 2008 19.01 EDT Share on Facebook Read more Cricket Reuse this content
Today’s post is from Paris-based Hughes Hubbard & Reed attorneys Bryan Sillaman and Jan Dunin-Wasowicz.***** Castigated for its meager prosecution of corporations for corruption offenses, particularly involving conduct overseas, France is currently in the process of revising its anti-corruption framework. A new law, announced with great pomp, will be debated in the French National Assembly in the coming weeks, and may be adopted by summer.This guest post for FCPA Professor provides a status update on the latest developments and offers a first look at some of the issues that arise from the draft law, including what it does and does not currently contain.BackgroundDriven by a desire to respond to mounting criticism from various international organizations (particularly the OECD and the EU) and concerned at the sight of major French companies paying significant fines to the United States Treasury, the French Government embarked approximately a year ago on a commendable attempt to upgrade the country’s anti-corruption prevention and enforcement regime.On 22 July 2015, Michel Sapin, France’s acting Finance Minister, who had stewarded the 1993 anti-corruption law when he was serving in that capacity in Pierre Bérégovoy’s government, outlined before the Council of Ministers a new law on “transparency in economic life.” A first draft of the law, dubbed Sapin II after its primary advocate, envisioned four main changes: (i) the creation of an anti-corruption agency with independent enforcement powers, (ii) the introduction of an obligation to prevent corruption for certain companies, (iii) out-of-court-settlements of corruption offenses, and (iv) a form of corporate monitorships for companies convicted of corruption offenses.On 24 March 2016, the Conseil d’État (which advises the French Government before it submits a bill to the National Assembly) issued a non-binding opinion on the Government’s latest draft. Having considered this opinion, the Government on 30 March 2016 registered a draft law regarding “Transparency, the Fight Against Corruption and the Modernization of Economic Life” with the National Assembly. The preamble affirms the law’s intent to “elevate French legislation [in the area of anti-corruption] to the best European and international standards.”Key DevelopmentsRecent discussions over the anti-corruption provisions of Sapin II highlight that France remains reluctant to crack down on corruption with corporate settlement agreements and hesitant to bestow too much autonomy upon a specialized enforcement authority. These “systemic” considerations aside, the law could profoundly alter individual and corporate conduct by creating a broad obligation to prevent corruption.No Plea Agreements with Companies, Except Perhaps for International Cases?Inspired by the U.S.-born deferred prosecution agreement and more recent experience stemming from the U.K., the Government first proposed to introduce an alternative to prosecution for corruption offenses. The settlement system, a flagship of the reform effort, would have allowed the prosecuting authority to sanction companies for acts of corruption without a criminal conviction, thus avoiding their otherwise automatic exclusion from public tenders.Under the original draft, such agreements would have been capped at a fine of up to 30% of the company’s average revenue for the past three years paid to the French Treasury, with an obligation to submit to a form of monitorship. A judge would have had to approve the agreement, and the judge’s order would have been published. Unlike the U.K. model, the French proposal did not contain a list of factors upon which to predicate judicial review of the corporate settlement. If the company would not comply with the agreement, prosecution would be possible.But the idea of determining guilt or innocence of corporations without trial was problematic to some from the beginning. One of the reasons is peculiar to the French criminal justice system, where plea agreements are an extremely confined exception and prosecutors do little fact-finding, especially in complex cases (where fact-finding is done by an investigative magistrate). Pointing to the lack of a public, contradictory, hearing before a judge concerning the agreement and other likely legal frictions, the Conseil d’État noted that “it could not overcome the difficulties that this device presented.”Making a principled argument, the Conseil d’État advised that an agreement of this type “should be allowed only if its disadvantages, both for the protection of the persons implicated and the victim, and the protection of the interests of society, do not appear disproportionate in light of the interest underlying its implementation for the good administration of justice.” Since this mechanism would only apply to corporate entities, the Conseil d’État held the view that it is neither in the interest of good justice nor of the victim to introduce a different criminal procedure for all acts of corruption and influence peddling. The Conseil d’État added a caveat, however, noting that in light of existing practices in other jurisdictions, it would be possible to introduce this device for the specific, limited case of “transnational corruption,” provided that “adequate guarantees” are in place, which it did not define. While the current draft makes no mention of it, lawmakers could seek to reintroduce the mechanism with an amendment.A New Anti-Corruption Service (rather than an Agency)The 1993 anti-corruption law had created a unit within the Ministry of Justice, the Central Service for the Prevention of Corruption (abbreviated “SCPC” in French), meant to coordinate the fight against and investigate cases of corruption. A decision of the French Constitutional Council of 20 January 1993, however, limited the SCPC’s powers, resigning it to a more passive role. Little change occurred until a law dated 6 December 2013 established a prosecutor with special jurisdiction over economic and financial crimes and offenses. Consistent with international recommendations, and as a continuation of the 2013 legislation, the drafters of Sapin II sought to create a specialized agency to deal with corruption matters.The Government initially proposed to replace the SCPC with a new National Agency for the Prevention and Detection of Corruption. In its opinion, however, the Conseil d’État advised against assigning that body the power to “detect” corruption, warning against the risk of confusion with the work of other authorities. The agency would merely “assist with the prevention and detection, by other competent authorities and concerned persons, of facts of corruption.” Departing perhaps from a more autonomous understanding of that governmental body, the latest draft appears to have re-centered the agency’s role on more of a support function. In a similar vein, the Conseil d’État rejected the Government’s idea to require the anti-corruption agency to issue “guidelines” to companies detailing the measures to take to prevent corruption. The Conseil d’État appeared concerned by the guidelines’ lack of clear legal status and insufficient precision, and therefore suggested calling them recommendations instead.Article 1 of Sapin II makes it clear that the mandate of the new body – which is not called an “agency” but a “service”, a distinction that entails a lower degree of autonomy, is limited to “preventing” acts of corruption. Placed under the auspices of both the Ministries of Budget and Justice, thus raising a question about its independence, the new Anti-Corruption Service would be called upon to perform a number of roles, including (i) centralizing and publishing information regarding the prevention and the assistance in detecting corruption, (ii) participating in the administrative coordination of prevention and assistance in detecting corruption, (iii) providing support to the national and local public administration in this respect, (iv) issuing recommendations to the public and private sectors, (v) auditing public administrations to help them put in place efficient prevention and detection systems, (vi) enforcing the general obligation to prevent corruption risks imposed upon certain companies, (vii) monitoring the compliance sanctions ordered by tribunals, and (viii) controlling, in light of France’s blocking statute, compliance obligations imposed by foreign regulators. The Service would thus streamline the communication of information possibly covered by the blocking statute and relevant to foreign regulators.Importantly, the Service would enforce administrative sanctions through a Sanctions Committee comprising three members appointed by decree for five years: a member of the Conseil d’État (France’s Supreme Administrative Court), one member of the Cour de cassation (France’s Supreme Judicial Court), and one member of the Cour des comptes (Court of Auditors). A Director, appointed by the President of the French Republic for six years, would manage the Service, reporting to both the Ministers of Justice and Budget.Either Minister or the Service on its own could request that an audit be conducted on particular companies (Article 8 of Sapin II). Following its review, the Service would issue a report, to which the company could respond. The Anti-Corruption Service would then decide whether to issue a warning or turn the case over to the Sanctions Committee. The new obligations discussed below could be enforced against both the company and individuals acting on behalf of the company. Agents are envisioned as being able to receive documents from audited entities and to conduct on-site interviews, although the precise contours of their powers is still unclear, including whether and to what extent they would have subpoena powers or how information would be collected more generally.Three Noticeable Adjustments to Existing Provisions Sapin II would introduce a number of substantive changes to French law. From a jurisdictional standpoint, the law would extend the offenses of corruption and influence peddling to acts that were committed outside of France by French citizens, non-citizens residing in France or French companies. The offense of influence peddling is extended to cover the situation where the acts involved a foreign public official.Sapin II would also seek to strengthen France’s whistleblower regime. Since 2007, French law has provided for a special protection of whistleblowers that report acts of corruption. A law dated 6 December 2013 further generalized the protection of whistleblowers. Beyond implementing a number of European Union directives into French law, Sapin II introduces the possibility for the Service to cover the legal costs of whistleblowers. While France has improved the protection of whistleblowers, it remains uncomfortable with the idea of reporting misconduct in exchange for pecuniary gain.Under French law companies can be held criminally responsible for acts committed by their “organs or representatives” that were done “for the benefit” of the company. The test stemming from Article 121-2 of the penal code for corporate criminal liability is more stringent than the U.S. respondeat superior doctrine, but does not appear as demanding as the “controlling mind” principle of the U.K. and Canada. Some believe that the French theory of corporate criminal liability, particularly applied in the parent-subsidiary context, may be one of the reasons explaining the low number of convictions of corporations for corruption offenses.While Sapin II does not directly address the issue, it provides for a new criminal penalty. A court, having convicted a company of a corruption offense, could impose compliance measures. The Anti-Corruption Service would monitor this court-imposed compliance program and report to the prosecutor. The Government appears to have taken inspiration from the World Bank practice in this respect. Failure to comply with these sanctions would be punishable by imprisonment of the company’s legal representative for up to two years and a fine of 30,000 euros.Enhanced Compliance Obligations to Come for Many Companies, Enforced with Administrative SanctionsIn 2012, the SCPC recommended introducing into French law a strict liability offense of failure to prevent corruption. Non-binding guidelines were released in March 2015, which broadly outlined the elements of what could constitute an effective compliance program under French standards. With Sapin II, the Government has decided to go further; it noted in the preamble to the law that the new compliance obligations draw on similar provisions existing in the United Kingdom (Section 7 of the UK Bribery Act) and Switzerland (Article 102 of the Swiss Criminal Code).According to the Government, Article 8 is a new “general obligation […] intended to ensure that the largest companies systematically put in place a complete and effective framework to prevent and detect acts of corruption that could arise in their national and international operations.” Under Article 8 of Sapin II, “Presidents, Managing Directors and Managers of any company employing at least 500 employees or belonging to a group of companies whose staff is of at least 500 employees and which consolidated revenue exceeds 100 million euros are required to take measures intended to prevent and detect acts of corruption and influence peddling in France and abroad.” This requirement is also imposed upon board members of certain companies (societés anonymes established pursuant to Article L-225-57 of the Code of Commerce). For companies with established consolidated accounts, the obligation contained in Article 8 also applies to subsidiaries or entities controlled.Sapin II would require concerned companies to put in place (i) a code of conduct defining and illustrating behavior that could be characterized as an act of corruption or influence peddling; (ii) an internal whistleblowing system; (iii) a system of conducting periodic risk assessments; (iv) third party due diligence protocols; (v) accounting controls designed to ensure that books and records are not used to conceal acts of corruption or influence peddling; (vi) a training program for management and most exposed personnel; and (vii) a disciplinary sanctions procedure applicable in case of violation of the code of conduct. Unlike Section 7 of the UK Bribery Act, Article 8 of Sapin II does not appear to provide for an “adequate procedures” defense.The Sanctions Committee of the Anti-Corruption Service could enjoin the company to adopt internal policies and procedures, and impose fines not to exceed 200,000 euros for individuals and one million euros for legal persons. Under Sapin II, the company and company officers can be held independently liable for failure to comply with this obligation, although they would also have the right to appeal decisions of the Service. A three-year statute of limitations would begin on the day when the Anti-Corruption Service noted the failure to comply.Conclusion Even if adopted, additional measures will be needed before the Sapin II framework becomes fully operational, which is unlikely to happen before year’s end or early 2017, an election year in France. The law calls for the Government to legislate by decree for a number of important undefined provisions, beginning with the procedure applicable before the Sanctions Committee of the new Anti-Corruption Service (which according to the Conseil d’État will have to comport with the requirements of Article 6.1. of the European Convention of Human Rights and therefore provide for a public hearing). A decree will also be needed to detail the functioning of the Service, including the role and powers of its agents. Another law will have to define the Service’s budget. The Government anticipates a staff of between 60 or 70 and an annual budget between 10 and 15 million euros.Sapin II certainly represents a notable and significant step forward in terms of France’s anti-corruption reform efforts, although it remains to be seen whether lawmakers will find the necessary resolve to achieve the ambitious goal that the Government has set for the law: elevating France to the highest European and international standards and turning the fight against corruption into a competitive advantage for business. A paradigm shift, but only on paper, at least for the time being. So, as we say in French, à suivre…
Whether its 240 certifications and inspections to build a manufacturing facility in Russia (see here) or 142 signatures needed to clear cargo in the port of Lagos, Nigeria (see here), foreign government bureaucracy is often the root cause of bribery As highlighted in this post, there is a clear correlation between foreign government bureaucracy and corruption.It is fairly remarkable that the the OECD Report, and its 22 recommendations to combat corruption, does not even directly address this salient topic.Despite this obvious deficiency, other aspects of the OECD Report are worth highlighting including the following from the report.“There is also serious concern that some OECD and non-OECD countries are facing an increasing incidence of abuse of executive authority manipulation of the judiciary and the legislative process, including legal and regulatory capture, as well as constraints to information and transparency, the media and civil society. This is inimical to a robust rule of law and to the fight against corruption.”Several of these concerns are relevant to FCPA enforcement.As highlighted in this article, a commonly accepted rule of law principle is limited government powers. The World Justice Project defines this factor as “systems of checks and balances . . . to limit the reach of excessive government power,” and the distribution of authority “in a manner that ensures that no single organ of government has the practical ability to exercise unchecked power.”As stated in a report from the Manhattan Institute for Policy Research:“[P]rosecutors’ virtually unchecked powers under DPAs and NPAs threaten our constitutional framework. To be sure, prosecutors are acting upon duly enacted laws, but federal criminal provisions are often vague or ambiguous, and the fact that prosecutors and large corporations alike feel obliged to reach agreement, rather than follow an orderly regulatory process and litigate disagreements in court, denies the judiciary an opportunity to clarify the boundaries of such laws. Instead, the laws come to mean what the prosecutors say they mean — and companies do what the prosecutors say they must. Federal prosecutors are thus assuming the role of judge (interpreting the law) and of legislature (setting broad policy choices about industry conduct), substantially eroding the separation of powers.”The OECD Report also states:“A convincing anti-corruption strategy requires a clear legal framework combined with consistent and impartial enforcement. This can only be done in a system that respects and fosters the rule of law, in which laws are adopted and enforced without fear of – or favour for – vested interests. This aim reflects core values of the OECD and is already incorporated in many of its governance initiatives. For example, rule of law considerations are enshrined into Article 5 of the Anti-Bribery Convention, prohibiting countries from allowing political considerations, economic consequences, or diplomatic ties with other countries from interfering with the investigation and prosecution of foreign bribery.”Again, several of these concerns are relevant to FCPA enforcement (or lack thereof). For instance, was BAE charged with FCPA offenses? Didn’t think so. (See here for the article “The Facade of FCPA Enforcement” for more about the BAE matter). See also here for the recent post titled “The U.K.’s DPA With Rolls-Royce Violates OECD Convention Article 5 and Other Observations.” FCPA Institute – Boston (Oct. 3-4) A unique two-day learning experience ideal for a diverse group of professionals seeking to elevate their FCPA knowledge and practical skills through active learning. Learn more, spend less. CLE credit is available. Recently, a High-Level Advisory Group on Anti-Corruption and Integrity, “composed of independent experts from a variety of professional backgrounds in the anti-corruption field” drafted a lengthy report to the OECD to “strengthen its work on combating corruption and promoting integrity.”In the report the Group makes 22 separate recommendations.Problem is, the report completely misses the mark on the most obvious and effective way to reduce corruption.A close read of many Foreign Corrupt Practices Act enforcement actions reveals that trade barriers and distortions are often the root causes of bribery. Recent examples include a prohibition on direct selling in China (the root cause of the Avon and Nu Skin Enterprises enforcement actions), the government controlling both wholesale and retain beer sales as well as brewery production hours (the root cause of the ABInBev enforcement action), and numerous examples of various third parties having to be engaged pursuant to foreign law or regulation.In short, bribery is often about touch points with foreign government officials and a reduction in bribery will not be achieved without a reduction in touch points that arise because of foreign trade barriers and distortions.Stated differently:Trade barriers, distortions and conditions create bureaucracy;Bureaucracy creates points of contact with foreign officials;Points of contact with foreign officials create discretion; andDiscretion creates the opportunity for a foreign official to misuse their position by making bribe demands. Learn More & Register
This previous post went in-depth into the approximate $232 million Fresenius FCPA enforcement action and this post continues the analysis by highlighting additional issues to consider.TimelineAs highlighted in this prior post, Fresenius disclosed its FCPA scrutiny in August 2012. Thus from start to finish, its FCPA scrutiny lasted an unconscionable 6.5 years.I’ve said it once, I’ve said it twice, and I will continue to say it until the cows come home: if the DOJ/SEC want the public to have trust and confidence in its FCPA enforcement program, it must resolve instances of FCPA scrutiny much quicker.This is particularly true given that Fresenius, in the words of the DOJ:“conduct[ed] a thorough internal investigation; ma[de] regular factual presentations to the Department; provid[ed] facts learned during witness interviews; voluntarily ma[de] foreign-based employees available for interviews in the United States; produc[ed] documents to the Department from foreign countries in ways that did not implicate foreign data privacy laws; collect[ed], analyz[ed], and organiz[ed] voluminous evidence and information from multiple jurisdictions for the Department, including translating key documents; and disclos[ed] conduct to the Department that was outside the scope of its initial voluntary self-disclosure …”.In the words of the SEC, Fresenius:“FMC produced documents, including key document binders and translations as needed, and made current or former employees available to the Commission staff, including those who needed to travel to the United States.”JurisdictionAs a foreign issuer, Fresenius is only subject to the FCPA’s anti-bribery provisions to the extent “the mails or any means or instrumentality of interstate commerce” are used in connection with a bribery scheme.What was the precise jurisdiction nexus to support the anti-bribery violations in the Fresenius matter?We really don’t know as the DOJ and SEC’s resolution documents merely make generic reference to the Angola and Saudi Arabia conduct involving ‘agents and employees utiliz[ing] the means and instrumentalities of U.S. interstate commerce, including the use of internet-based email accounts hosted by numerous service providers located in the United States.”Healthcare OfficialsSince its invention in the 2002 Syncor enforcement action, the DOJ/SEC have used the enforcement theory that physicians and others associated with foreign healthcare systems are “foreign officials” (and thus occupy a status similar to a President or Prime Minister) approximately 30 times. (Looking for one reason for the general increase in FCPA enforcement in the modern era, well this is one reason).This enforcement theory has never been subjected to any meaningful judicial scrutiny (including in the Fresenius matter resolved via a DOJ NPA and an SEC administrative order). Moreover, and perhaps a reflection of its validity, this enforcement has never been used to charge an individual.DisgorgementThe bulk of the FCPA anti-bribery violations in the Fresenius matter were based on the Angola and Saudi Arabia conduct. Per the SEC’s findings, the Angola conduct occurred between 2004 and 2013. Per the SEC’s findings, the Saudi Arabia conduct occurred between 2007 and 2012. Based on Angola findings, the SEC appears to have secured $10 million in disgorgement and based on the Saudi Arabia findings, the SEC appears to have secured $40 million in disgorgement.In short, that’s $50 million in disgorgement beyond disgorgement’s five year statue of limitations as the Supreme Court unanimously held in Kokesh (see here for the prior post). Yet once again, statute of limitations matter little when issuers cooperate and agree to resolve SEC enforcement actions in the absence of judicial scrutiny. (See here).No-Charged Bribery DisgorgementThe SEC’s findings relevant to Morocco, Turkey, Spain, China, Serbia, Bosnia, and Mexico did not result in anti-bribery findings, but merely books and records and internal controls findings. The SEC appears to have secured $46 million in disgorgement based on this conduct.This represents yet another example of no-charged bribery disgorgement (in other words the SEC seeking a disgorgement remedy in the absence of FCPA anti-bribery charges or findings).As highlighted in this previous post (and numerous prior posts thereafter), so-called no-charged bribery disgorgement is troubling. Among others, Paul Berger (here) (a former Associate Director of the SEC Division of Enforcement) has stated that “settlements invoking disgorgement but charging no primary anti-bribery violations push the law’s boundaries, as disgorgement is predicated on the common-sense notion that an actual, jurisdictionally-cognizable bribe was paid to procure the revenue identified by the SEC in its complaint.” Berger noted that such “no-charged bribery disgorgement settlements appear designed to inflict punishment rather than achieve the goals of equity.”Hidden RippleThis prior post highlighted the hidden employee costs of FCPA scrutiny and enforcement and how the aggregate costs of this ripple are surely meaningful when one considers certain inevitable wrongful termination or separation costs, lost productivity, and the time and expense of recruiting and hiring replacements. In recent years, the DOJ has quantified employee departures in certain FCPA enforcement actions and did so once again in the Fresenius matter. As stated by the DOJ:“the Company engaged in remedial measures, including: (1) causing at least ten employees who were involved in or failed to detect the misconduct described in the Statement of Facts to be removed from the Company, because their employment was terminated, they resigned after being asked to leave, or they voluntarily left once the Company’s internal investigation began.” Learn More & Register FCPA Institute – Boston (Oct. 3-4) A unique two-day learning experience ideal for a diverse group of professionals seeking to elevate their FCPA knowledge and practical skills through active learning. Learn more, spend less. CLE credit is available.
Username Password Remember me Legendary Dallas lawyer Jim Coleman was hailed Wednesday night as a gentleman, an honest, genuine and passionate lawyer, and a leader with integrity. The Texas Lawbook and the Association of Corporate Counsel’s DFW Chapter hosted a tribute to the 94-year-old lawyer. We brought together many lawyers he mentored and impacted – many of whom are now among the most prominent and successful lawyers and judges in Texas.U.S. District Chief Judge Barbara Lynn, Fifth Circuit Judge Patrick Higginbotham, Bill Dawson, Rod Phelan, Dick Sayles, Bruce Collins, Judge Royal Furgeson and Mike Lynn told stories and . . .You must be a subscriber to The Texas Lawbook to access this content. Lost your password? Not a subscriber? Sign up for The Texas Lawbook.
Chelan County PUD Alcoa AgreeStein Visits Washington StateLatest Unemployment NumbersCoats For KidsPacific
Chelan County PUD commissioners agreed Thursday to move ahead with signing the agreements with Alcoa. They’re needed to reassign the current power contracts for its Wenatchee smelter, to a new entity before the corporation splits in two Nov. first. The vote came after Chief Financial/Risk Officer Kelly Boyd provided a brief update on work done since Monday. That’s when commissioners received a full briefing on potential assignment terms and other conditions involved in moving the power contracts from Alcoa to the new Alcoa Corporation. The additional credit assurances provided in the new agreements leaves the District neutral to positive, compared against current conditions.
May 10 2018Over 65s say they would find technology to help them take their medications helpful, but need the technology to be familiar, accessible and easy to use, according to research by Queen Mary University of London and University of Cambridge. People who do not use smartphones said that they’d prefer to have smartwatches than smartphones for reminders to take their pills.Around one tenth of cardiovascular events are associated with poor medication adherence, but some patients could be helped through new technologies to aid them with tablet taking and monitor adherence.Some technologies include apps that allow patients to receive counseling about medications and reminders to improve and monitor tablet taking. There are also interactive text message reminders for tablet taking. And Ingestible sensor systems (ISSs) are a combination of wearable and ingestible sensors working in conjunction with smartphones, PCs and tablets to detect ingested medication.However, not much is known on whether over 65s might find it difficult to adopt these technologies, due to ethnic diversity, and age-related physical and mental impairments.The study, published in the Journal of International Medical Research, investigated opinions about available technologies in a focus group of patients aged over 65 taking cardiovascular medications.The over 65s in the study generally valued the opportunity to receive alerts to help with practical aspects of medicine taking, like forgetting and monitoring treatment: “I think it’s good because there’s some people who as time goes by lose certain of their faculties as time goes by, and memory beginning to fade and so on, so on, it could have been a short retention in memory can cause you to miss a [medicine]” “. . .you always need to remember these things, they do slip your mind, even if there’s days of the week printed on your tablets sometimes you think, “did I take it this morning?” “I mean it’s a similar thing with now that hospitals, they text you to remind you about your hospital appointment now.” People familiar with smartphones welcomed an intervention through smartphones. Some participants were not familiar with smartphones, but all used wristwatches and preferred interventions using this technology, such as smartwatches: “. . .watches, if we all had watches. . .If it’s simpler to use elderly would appreciate more, it’s something that they have on their hand, on their arm. . . It’s a continuation of what we’re familiar with instead of something that we’re not familiar.” “Everybody’s been used to wearing at some time or another is a watch. . .So I think that most of us would find this much better.” “The watch is good but the mobile phone, half the time old people don’t know where they’ve put the phone, it’s the same with glasses, they don’t know where they’ve put them so it wouldn’t be of no benefit, but that watch would.” “. . .a smartphone, well, I did have but I put it in the washing machine, I dropped it.” Related StoriesMarijuana isn’t a great choice for glaucoma treatment, says expertGut-boosting food may put an end to childhood malnutrition worldwideDon’t ignore diastolic blood pressure values, say researchersOther concerns included potential reduction in face-to-face communication, data security, becoming dependent on technology and worrying about the consequences of technological failures: “If they’re not going to remember to take their tablets they ain’t going to remember to charge their mobiles.” “If it’s got to be a smart phone rather than an ordinary phone the cost of providing these for all the elderly is going to be astronomical.” “Well I see [technology might cause] lack of communication between professionals and the very elderly. . .., I’m afraid that this is about cost-cutting.” “I remember there was, the National Health Service right, had invested billions into this high tech computer that was going to be doing all singing all dancing, and guess what, it never did work, so all the investment that they put into this main frame that would then take all the information, it had gone done, it had a bug, it had glitches and it never performed as fit for purpose, so I’m one of these guys who’s lost confidence in technology.” “Technology is useful but you can’t depend on it, you never can depend on it.” Lead researcher Dr Anna De Simoni from Queen Mary University of London said: “These findings have highlighted that people over 65 on cardiovascular medications are willing to consider technology to help with practical aspects of their day-to-day medicine taking, such as getting reminder alerts and monitoring doses taken, either themselves or by carers and clinicians.”In clinical consultations about medicine taking, healthcare professionals can explore technologies familiar and easily accessible to patients as a way to ensure good adherence. To this end additionally checking on common concerns, like worries about data security, becoming dependent on technology and consequences of technological failures can be beneficial.” Source:https://www.qmul.ac.uk/
May 15 2018Fewer individuals across the globe would be diagnosed with post-traumatic stress disorder (PTSD) under proposed changes to the most widely used diagnostic tool – potentially impacting clinical practice, national data reporting and epidemiological research, according to an international analytical study led by NYU School of Medicine and publishing May 14 in the journal Psychological Medicine.This examination of almost 4,000 individuals from six countries around the world showed that changes in the upcoming 11th edition of the International Classification of Diseases (ICD) – the global diagnostic and health management tool under the auspices of the World Health Organization – from ICD’s 10th edition could lead to a reduction in diagnosis of moderate – and more easily treatable — PTSD by as much as 57%.The patient cohort in this research were mostly road traffic accident survivors who underwent the Clinically Administered PTSD Scale (CAPS). Researchers then compared these CAPS scores against both the existing diagnostic criteria for PTSD in ICD-10 and the revised criteria in ICD-11. The results showed that while cases of severe PTSD increased under ICD-11 by up to 36%, the number of moderate cases decreased by more than half.Changes in ICD-11 for diagnosing PTSD follow similar changes made in 2013 to the classification criteria for PTSD in the fifth edition of the Diagnostic and Statistical Manual for Mental Disorders (DSM), a standard criteria measurement tool published by the American Psychiatric Association. The implementation of changes to DSM-5 discarded about 50% of those previously diagnosed with PTSD under DSM-4.”These results suggest that, if implemented, changes to ICD-11 will significantly identify fewer cases worldwide of PTSD,” says senior author Arieh Shalev, MD, the Barbara Wilson Professor in the Department of Psychiatry at NYU School of Medicine. “These changes could adversely impact successful treatment, since research has shown that early intervention leads to the most successful outcome for people with PTSD.”Related StoriesNew research links “broken heart syndrome” to cancerStudy reveals long-term benefits of stress urinary incontinence surgeryOlympus Europe and Cytosurge join hands to accelerate drug development, single cell researchHow the Study Was ConductedIn order to demonstrate the longitudinal impact of the proposed changes in ICD-11, the researchers plotted CAPS scores at different time intervals, from the actual traumatic event that triggered PTSD, up to 15 months post-event. They found that during the 0-60 day time interval, the prevalence of moderate PTSD in the study cohort under ICD-10 guidelines was almost 25%, but under ICD-11 guidelines, it dropped to 13%. Concomitantly, at the 122-456 day interval, PTSD diagnosis under ICD-10 was 14%, while under ICD-11 guidelines it dropped to 7%. Age and gender was comparable in all study groups.The researchers also point out that these results are similar to those seen in other studies that also demonstrated a reduced prevalence of PTSD using new ICD-11 standards, including those that examined populations that experienced childhood institutional abuse, survivors of mass shootings, and those living in conflict-torn villages.”The data from this study, and others comparing changes in ICD standards, strongly suggest that if the new criteria are used to define treatment eligibility, fewer individuals are going to be able to access appropriate care for PTSD because they may not receive a proper PTSD diagnosis,” says lead author Anna C. Barbano, a research associate in the Department of Psychiatry at NYU School of Medicine. “Therefore, the use of ICD-11 criteria to sanction care should be considered cautiously, and its impact on research could lead to some limitations.”Dr. Shalev also points out that psychiatrists in most countries “treat traumatic stress disorder mainly on the basis of clinically significant distress and dysfunction, and not formal diagnosis criteria, particularly as previous studies have shown that trauma survivors who do not meet the full PTSD criteria –known as ‘partial PTSD’ patients — show high levels of distress. Our results support such an approach for both ICD-11 and DSM-5 patients.” Source:https://nyulangone.org/
May 23 2018A pair of researchers from the University of Delaware Department of Medical and Molecular Sciences are investigating genetic variations in DNA replication of human papillomaviruses (HPV) and its correlation with HPV-related cancers.”Some strains (low-risk) of the virus infect human cells – proliferating in the cell’s cytoplasm remaining benign,” said Esther Biswas-Fiss, chairperson and professor for the Department of Medical and Molecular Sciences. “Alternatively, other [high-risk] strains of HPV can integrate into the genomic DNA of the host. When that happens, it results in cancer because the host’s tumor prevention mechanisms are shut down by the viral proteins.”Biswas-Fiss and her UD colleague Subhasis Biswas – and their former doctoral student, Dr. Gulden Yilmaz – recently published their findings in Biochimica et Biophysica Acta – General Subjects. The paper illustrated specific changes in DNA sequences in HPV that correlate with cancer prognosis.The UD researchers have worked on DNA replication in bacteria and human cells for a long time, but a discussion with Joseph Curry, a head and neck surgeon at Thomas Jefferson University, sparked their interest in HPV and cancer.”He brought to our attention that several squamous cell carcinomas are associated from HPV infection, which piqued our interest into HPV related carcinogenesis,” said Professor Subhasis Biswas.Accounting for approximately four percent of all cancers in the United States, head and neck cancers include cancers of the mouth, throat, nose, sinuses, salivary glands and middle ear. Historically, the most common driver of head and neck cancers was tobacco use. With U.S. declines in smoking rate, HPV, which is the most common sexually transmitted infection, climbed to the top position. Centers for Disease Control and Prevention data on the prevalence of HPV in American adults is alarming and has a broader age range than you might expect.Related StoriesAdding immunotherapy after initial treatment improves survival in metastatic NSCLC patientsSugary drinks linked to cancer finds studyTrends in colonoscopy rates not aligned with increase in early onset colorectal cancer”HPV is not one virus; it is a family of viruses,” said Subhasis Biswas. “Fortunately, most forms of HPV are benign. However, certain HPV strains can cause cancer.”So what makes some of these forms of HPV so deadly? The research concluded that the altered DNA replication mechanism of the high-risk viruses makes them lethal. Specific DNA footprints that point to their oncogenicity were identified in their research.”A person could be infected by a cancer-causing strain of HPV for years and not develop cancer until later on down the road,” explained Esther Biswas-Fiss.Developing cancer screeningsA single strain of HPV is enough to cause worry, but many people are infected with multiple strains. Soon on the horizon, Esther sees a time where medical laboratory professionals can quickly test individuals to see if this carcinogenic molecular signature of HPV is present and develop appropriate strategy of treatment.”If so, medical professionals could closely monitor those people for head and neck cancer,” she said.The study mapped the exact sequence changes that drive the change to carcinogenicity. This finding is directly translatable into future screenings. With cervical cancer, most people make the connection between the cancer and HPV infection – not the case for head and neck as well as other HPV-origin cancers.”We have a rapid screening tool for cervical cancer – a pap smear. But we have work to do when it comes to head, neck and other cancers,” said Esther Biswas-Fiss. “So knowing the molecular signature of the oncogenic strains of HPV paves the way for more accurate diagnostic tests and, hopefully, more rapid screening tests.”In the same vein as a pap smear, medical laboratory professionals could analyze cells from a swab-based, molecular test – picking up DNA sequences of carcinogenic HPVs. Source:http://www.udel.edu/
Jun 12 2018Children of highly critical parents show less attention to emotional facial expressions, according to new research from Binghamton University, State University at New York.”These findings suggest that children with a critical parent might avoid paying attention to faces expressing any type of emotion,” said Kiera James, graduate student of psychology at Binghamton University, and lead author of the paper. “This behavior might affect their relationships with others and could be one reason why children exposed to high levels of criticism are at risk for things like depression and anxiety.”The researchers wanted to examine how exposure to parental criticism impacts the way that children process and pay attention to facial expressions of emotion. One way to look at attention is through a neural marker called the Late Positive Potential (LPP), which provides a measure of how much someone is paying attention to emotional information, such as a face that is happy or sad.Related StoriesRevolutionary gene replacement surgery restores vision in patients with retinal degenerationRepurposing a heart drug could increase survival rate of children with ependymomaNew curriculum to improve soft skills in schools boosts children’s health and behaviorJames and fellow researchers had parents of 7 to 11-year-old children talk about their child for five minutes. These statements were later coded for levels of criticism. They also measured the brain activity of the children as they viewed a series of pictures of faces showing different emotions. The researchers found that children of highly critical parents displayed less attention to all of the emotional facial expressions than children of parents displaying low levels of criticism.”We know from previous research that people have a tendency to avoid things that make them uncomfortable, anxious, or sad because such feelings are aversive. We also know that children with a critical parent are more likely to use avoidant coping strategies when they are in distress than children without a critical parent,” said James. “Given this research, and our findings that children with a critical parent pay less attention to all emotional facial expressions than children without a critical parent, one possible explanation is that the children with a critical parent avoid looking at any facial expressions of emotion. This may help them avoid exposure to critical expressions, and, by extension, the aversive feelings they might associate with parental criticism. That said, it may also prevent them from seeing positive expressions from others.”The researchers hope to follow up these results with another study examining what happens in the brains of children in real time when they are receiving positive and negative comments from their parents. Source:http://www.binghamton.edu/
Source:https://www.dzne.de/en/news/public-relations/press-releases/press/alzheimers-in-mini-format-a-novel-tool-to-study-disease-mechanisms-and-possible-remedies/ Jul 3 2018Scientists in Dresden, Germany, have been successful in mimicking mechanisms of Alzheimer’s disease in a novel, stem cell-based model system that reproduces features of human brain tissue. This experimental tool can be used to study mechanisms of pathology and help to find new therapeutic approaches, the researchers say. Their results, published in the journal Developmental Cell, indicate that modulating the immune system can trigger neuronal repair processes and thus possibly help the brain to better cope with Alzheimer’s. The study involved the German Center for Neurodegenerative Diseases (DZNE), the Leibniz Institute of Polymer Research Dresden (IPF), the Center for Regenerative Therapies Dresden at the TU Dresden (CRTD) and further institutions from Germany and abroad.By using the new disease model, the researchers discovered an approach to instruct so-called stem cells to produce neurons. This kick-started repair processes. Experts call this phenomenon ‘neuronal regeneration’.”Neural stem cells are the progenitors of neurons. They occur naturally in the brain and as such they constitute a reservoir for new neurons. However, in Alzheimer’s neural stem cells lose this ability and therefore cannot replace neurons lost due to the disease,” explains Dr. Caghan Kizil, head of the current study and research group leader at the DZNE and the CRTD. “Our results suggest that modulating the immune system can unlock the potential of neural stem cells to build new neurons. These new cells foster regeneration and could possibly help the brain to better cope with the disease. This points to a potential approach to therapy, which we intend to further explore. If it will work out in humans, we cannot say at this stage. At present, this is still fundamental research.”Three-dimensional networksThe new disease model is based on human stem cells that are embedded in a polymer hydrogels. This soft and transparent biomaterial consists of the glycosaminoglycan heparin, the synthetic polymer poly(ethylene glycol) and various functional peptide units. The cell cultures are then grown in small culture wells of less than one milliliter volume. “The tunable polymer system allowed to combine effective molecular and physical signals that direct the cells to generate three-dimensional networks reminiscent of the neuronal webs of the human brain,” emphasizes Carsten Werner, director of the biomaterials program at IPF and professor of Biofunctional Polymer Materials at the CRTD. He points out that the current setup could be further miniaturized: “The size of the culture environment is hardly relevant. In principle, we could work with considerably smaller volumes.”Related StoriesWearing a hearing aid may mitigate dementia riskAn active brain and body associated with reduced risk of dementiaHealthy lifestyle lowers dementia risk despite genetic predisposition”Other disease models based on human stem cells already exist. However, they are not suitable to address questions of our research on neuronal regeneration,” Kizil explains. “We are confident, that our system is unprecedented in several aspects such as the ability of stem cells to behave in a similar way as they do in the brain.”Thus, Kizil sees various applications: “Because of these properties, our model could be of use not only to study disease processes. I also see use in the pharmaceutical industry. Here, it could be applied in the early phase of drug development for the testing of chemical compounds.”Replication of pathological featuresWhen cells grown according to this culture method were exposed to ‘Amyloid-beta’, which are proteins involved in Alzheimer’s disease, typical pathological features developed. This included Amyloid-beta aggregates: the notorious ‘plaques’. Furthermore, the researchers observed deposits of Tau proteins within neurons, which are another hallmark of Alzheimer’s. Moreover, they found massive neuronal and synaptic damage. Yet, application of the immune system molecule ‘Interleukin-4’ induced neural stem cells to produce new neurons. This mitigated the detrimental effects triggered by Amyloid-beta.Basis for new therapies?”In the human brain, the immune response has diverse effects – both detrimental and beneficial. However, our results suggest that by modulating these mechanisms, we may combat Alzheimer’s disease,” Kizil says. “Interestingly, besides showing the beneficial effects of Interleukin-4, our data also indicate that this benefit is related to regulation of a metabolic product called Kynurenic acid. This is significant, because levels of Kynurenic acid are known to be elevated in the brains of patients with Alzheimer’s. Thus, our model offers clues on how different players that are relevant for Alzheimer’s interact. In light of this, our model might help to pave the way for therapies based on neuronal regeneration.”
Source:https://www.fau.eu/2018/07/11/news/research/fau-researchers-identify-parkinsons-disease-as-a-possible-autoimmune-disease/ Jul 19 2018Parkinson’s disease, formerly also referred to as shaking palsy, is one of the most frequent disorders affecting movement and the nervous system. Medical researchers at Friedrich-Alexander-Universität Erlangen-Nürnberg (FAU) have come across a possible cause of the disease – in the patients’ immune system.Currently, approximately 4.1 million people suffer from Parkinson’s disease throughout the globe, in Germany alone more than 300,000 people are affected. Typical symptoms of the disease are slowness of movement, rigidity, frequent shaking and an increasingly stooped posture. The cause is the continuous death of nerve cells in the brain, which produce the messenger substance dopamine.Scientists are working to gain insights into the mechanisms which lead to the loss of nerve cells that produce dopamine. Until now, little has been known about whether human immune cells have an important role to play in Parkinson’s disease. The stem cell researchers Dr. Annika Sommer, Dr. Iryna Prots and Prof. Dr. Beate Winner from FAU and their team have made a major leap forward in research into this aspect of the disease. The scientists from Erlangen were able to prove that in Parkinson’s disease immune cells from the immune system, so-called t-cells, attack and kill nerve cells which produce dopamine in the midbrain.The FAU team based its research on a surprising observation: the scientists found an unusually high number of t-cells in the midbrain of Parkinson’s patients. These cells are commonly found in the brains of patients suffering from diseases in which the immune system attacks the brain. During tests carried out in collaboration with the movement disorders clinic (molecular neurology) at Universitätsklinikum Erlangen (Prof. Jürgen Winkler), researchers discovered an increased number of certain t-cells, specifically Th17 cells, in Parkinson’s patients, similar to patients with autoimmune diseases such as rheumatoid arthritis.Related StoriesPatients with bipolar disorder are seven times more likely to develop Parkinson’sGut infection can lead to a pathology resembling Parkinson’s diseaseStudy unravels how cancer medication works in brains of Parkinson’s patientsIn view of these results, the researchers decided to develop a very unusual cell culture from human cells. A small skin sample was taken from affected patients and healthy test subjects. These skin cells were converted into stem cells, which can develop into any type of cell. The research team then further differentiated these cells into midbrain nerve cells specific to the patient. These midbrain nerve cells were then brought into contact with fresh t-cells from the same patients. The result: the immune cells of Parkinson’s patients killed a large number of their nerve cells, but this did not appear to be the case with healthy test subjects. Another result gives reason for hope: antibodies which block the effect of Th17 cells, including one antibody which is already being used on a daily basis in the hospital to treat psoriasis, were able to largely prevent the death of the nerve cells.’Thanks to our investigations, we were able to clearly prove not only that t-cells are involved in causing Parkinson’s disease, but also what role they actually play,’ explains Prof. Dr. Beate Winner. ‘The findings from our study offer a significant basis for new methods of treating Parkinson’s disease.’
Related StoriesMetformin use linked to lower risk of dementia in African Americans with type 2 diabetesCommon medications can masquerade as dementia in seniorsDementia patients hospitalized and involved in transitional care at higher ratesCaspi points out that his findings are not meant to suggest that residents with dementia are inherently “aggressive,” “abusive,” “violent,” or “dangerous.” He cautions that adopting this view could run the risk of stigmatizing an already stigmatized population.Labeling a person with dementia using these terms assumes that these behavioral expressions are intentionally initiated to harm another person when the majority of individuals in mid-to-late stages of dementia do not initiate these expressions without a distressing situational trigger. Caspi says they often engage in these episodes when their human needs and situational frustrations are not met in a timely manner by dedicated but understaffed, undertrained, and undersupervised direct care staff members. Source:https://twin-cities.umn.edu/news-events/study-deaths-resident-resident-incidents-dementia-offers-insights-inform-policy-and Aug 15 2018Analyzing the incidents between residents in dementia in long-term care homes may hold the key to reducing future fatalities among this vulnerable population, according to new research from the University of Minnesota School of Nursing. Gathered from media accounts and death review records, the exploratory study by Eilon Caspi, PhD, is the first to examine the circumstances surrounding the death of elders as a result of resident-to-resident incidents in dementia in the United States and Canada.Despite growing concerns about the projected growth in the number of people with dementia and the expected rise in resident-to-resident incidents, the phenomenon is not currently being tracked by the two largest federally mandated clinical and oversight systems in nursing homes in the U.S.”The fact that we are not capturing and tracking this phenomenon represents a major missed opportunity for learning and prevention of these incidents,” says Caspi, the study’s author and a research associate at the School of Nursing. “We need to develop a data-driven national action plan to reduce these incidents and ensure that frail and vulnerable residents will remain safe in the last years of their lives. Delivery of evidence-based staff training programs to improve understanding, prevention, and de-escalation of these episodes is urgently needed.”Among Caspi’s findings: – Nearly half (44 percent) of all fatalities were the results of physical contact classified as push-fall. “Many of the injuries consisted of hip fractures or head or brain injuries and on average it was slightly more than two weeks from the incident to their passing, which speaks volumes to the frailty and vulnerability of this population.” – While men and women equally died as a result of these incidents, three-quarters of exhibitors were men. “The most common exhibitor-target dyad was man to man (approximately 50 percent) followed by man to woman (24 percent) and woman to woman (21 percent). Woman to man accounted for only 4 percent of the dyads. While more research is needed to examine the role of gender in injurious and fatal episodes, the preliminary findings may have implications for more targeted interventions.” – More than half (59 percent) of all incidents took place inside bedrooms and 43 percent involved roommates. “The bedroom is the last frontier of privacy for people in dementia. Policies, procedures, and practices related to roommate assignment and monitoring need to be thoughtful and revisited regularly and we need to explore all avenues for reducing to the minimum possible the use of shared bedrooms or at a minimum increasing roommates’ sense of privacy and security. In addition, stronger measures to prevent residents’ unwanted entries into other residents’ bedrooms (including the use of assistive technology) could reduce these incidents.” – Evenings (44 percent) were the most common time for incidents to occur, with 38 percent of all incidents occurring on weekends. 62 percent were reportedly not witnessed by staff. “While incidents occur at virtually all times, evenings and weekends appear to be especially vulnerable time periods. Taking proactive, anticipatory, preventative measures and increasing staffing levels, the active presence of managers, and meaningful engagement during the evenings and weekends could reduce the incidence.”
Can magnetic pulses predict earthquakes? Are rats capable of humanlike regret? And why is there no wind chill on Mars? Science’s Online News Editor David Grimm chats about these stories and more with Science’s Sarah Crespi.