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星期二, 2月 26, 2019

Governor Baker Signs Bill to Enhance Credit Data Security

Governor Baker Signs Bill to Enhance Credit Data Security

BOSTON – Today, Governor Charlie Baker and Lt. Governor Karyn Polito joined legislators and stakeholders for a ceremonial bill signing for H.4806, An Act relative to consumer protection from security breaches.

For high resolution and additional photos, click here.

“Signing this bill into law will better protect Massachusetts consumers from the consequences of data breaches and give individuals more control over their data and how it is used,” said Governor Charlie Baker. “I am thankful to the Legislature for working with our administration to pass a version of this bill that assists consumers while allowing state agencies to perform their statutory responsibilities and comply with state and federal law.”

“This legislation includes important provisions to support and provide additional resources to consumers that are affected by data breaches,” said Lt. Governor Karyn Polito. “We are grateful for the Legislature’s collaboration to strengthen the Commonwealth’s consumer protection laws.”

The legislation requires consumer consent before any third party can obtain the consumer’s credit report from a credit reporting agency for most non-credit purposes. The bill also requires that credit reporting agencies allow a consumer to place a “security freeze” on the consumer’s credit report at no cost and prohibits credit rating agencies from charging a consumer to lift or remove a credit freeze.

The bill enhances reporting requirements for holders of consumer data that have experienced a security breach and requires these holders to offer free credit monitoring to affected consumers in certain circumstances. 

This bill includes language proposed by Governor Baker that ensures that state agencies charged with ensuring payment of child support obligations and protecting the credit history of children under state care may continue fulfill their statutory responsibilities. The bill also maintains access to credit reporting for state agencies and courts that are required by law to review consumer credit information.

“In a fast-moving digital environment where personal data is at risk of being breached every day, it is critical that we tighten up privacy protections for consumers,” said Senate President Karen E. Spilka. “I’m proud of the work the Legislature did to this bill signed into law this past session.”

“Thanks to the work of Rep. Benson, Rep. Chan, and members of the House, Massachusetts residents now have the tools to monitor and safeguard their credit, while companies are now required to be transparent in reporting data breeches to their customers,” said House Speaker Robert A. DeLeo. “This law protects consumers and takes companies to task, putting Massachusetts consumers first.”

“As our world grows increasingly dependent on online industries and systems, protecting the personal information of consumers remains critical while also holding companies responsible for the vast amounts of information they collect,” said Representative Tackey Chan. “I am proud that Massachusetts residents will now have better tools to safeguard their information and will be more informed when breaches do occur. With so many stakeholders involved over the past several months, I want to thank my colleagues in the House and Senate and the Governor for their thoughtful consideration and commitment to producing a strong piece of legislation for our constituents across the Commonwealth.”

“On behalf of the more than 800,000 members in the Commonwealth, we thank Governor Baker for signing into law House Bill No. 4806 - An Act Relative to Consumer Protection from Security Breaches. Older adults are the most common targets of identity theft nationwide. This legislation includes a suite of important consumer protections, and gives consumers control of their credit reports by allowing them to freeze and unfreeze their credit without paying fees to credit reporting agencies. This is an important step in ensuring that Massachusetts consumers are protected from identity theft,” said Mike Festa, AARP Massachusetts State Director.

“This new law is good news for Massachusetts residents as it provides consumers with new tools to protect themselves from identity theft after a security breach like the recently announced ones at Equifax and Marriott,” said Deirdre Cummings, legislative director for MASSPIRG. “Identity theft is a significant problem - last year thieves stole almost $17 billion dollars from American cons.”

TWO MALAYSIAN NATIONALS INDICTED FOR CONSPIRING TO ILLEGALLY EXPORT FIREARM PARTS TO HONG KONG

TWO MALAYSIAN NATIONALS INDICTED FOR CONSPIRING TO ILLEGALLY
EXPORT FIREARM PARTS TO HONG KONG

BOSTON – Two Malaysian nationals were indicted today for conspiring to illegally export firearm parts from the United States to Hong Kong.

Lionel Chan, 35, a resident of Brighton, and Muhammad Mohd Radzi, 26, who resides in Brooklyn, N.Y., were each indicted on one count of conspiring to violate the Arms Export Control Act. Chan was also indicted for obstruction of justice. On Jan. 31, 2019, Chan and Radzi were arrested and charged by criminal complaint.

According to the indictment, beginning in or around March 2018, Chan began purchasing a variety of U.S.-origin firearm parts online, including parts used to assemble AR-15 assault rifles and 9MM semi-automatic handguns, for a buyer located in Hong Kong. Many of the firearm parts that Chan purchased and exported to Hong Kong are defense articles that are designated on the United States Munitions List and therefore cannot be exported from the United States without first obtaining an export license or written authorization from the U.S. Department of State. Nonetheless, Chan allegedly shipped the firearm parts via Federal Express to the buyer in Hong Kong without first obtaining the necessary export licenses. Chan intentionally concealed the contents of the shipments by providing Federal Express with false information about the shipments, and by concealing the parts inside of each package. Between March and May 2018, Chan allegedly shipped at least 12 packages containing firearm parts from Brighton to the buyer in Hong Kong.
In or around April 2018, Radzi allegedly joined the conspiracy and began illegally exporting firearm parts to Hong Kong as well. Between May and October 2018, Radzi allegedly shipped 21 packages from Brooklyn, N.Y., to the buyer in Hong Kong. In October 2018, two of those packages were interdicted by Hong Kong authorities and found to contain numerous firearms parts, including a firing pin and gun sight, which are defense articles and controlled under Category I of the United States Munitions List. Like Chan, Radzi failed to obtain an export license for any of these shipments.
In addition to the conspiracy charge, Chan was also indicted for obstructing justice.  According to the indictment, during a flight from Dublin, Ireland to Boston on January 2, 2019, Chan deleted text messages between himself and the buyer in Hong Kong regarding the illegal export of firearm parts from the United States to Hong Kong without the necessary export licenses.

The charge of conspiring to illegally export firearms provides for a sentence of no greater than five years in prison, one year of supervised release and a $250,000 fine. The charge of obstructing justice provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew Lelling and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. The Massachusetts State Police and U.S. Customs and Border Protection also assisted with the investigation.  Assistant U.S. Attorneys George P. Varghese and Jason A. Casey of Lelling’s National Security Unit are prosecuting the case.

Details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Governor Baker Announces Departure of Lon Povich, Names Bob Ross as Chief Legal Counsel

Governor Baker Announces Departure of Lon Povich, Names Bob Ross as Chief Legal Counsel

BOSTON – Today, Governor Charlie Baker and Lt. Governor Karyn Polito announced the departure of Lon Povich as Chief Legal Counsel for the Office of the Governor. Attorney Bob Ross, current General Counsel at the Executive Office for Administration and Finance, will assume the post of Chief Legal Counsel.

Lon Povich managed attorneys across the executive branch as Chief Legal Counsel and played key roles in crafting significant pieces of legislation such as last year’s criminal justice reform bill and the MBTA reform measures passed in 2015. Bob Ross has helped craft the Baker-Polito Administration’s five state budget proposals and worked with legislative leaders and administration officials on several major initiatives, including a review of all Executive Branch agency regulations, while serving as General Counsel for A&F.

“Lon has served as an integral member of the Governor’s Office since the start of our Administration, providing invaluable counsel to our team over the past four years,” said Governor Charlie Baker. “One of Lon’s signature contributions to our Administration has been the appointment of 130 members of the judiciary, including 5 members of the Supreme Judicial Court, which will have an impact on the Commonwealth for years to come, and I thank Lon for his leadership over the past four years. Bob Ross has been a key advisor for our Administration on some of the most pressing issues relating to the state’s budget and finances, and we congratulate him on this new position.”

“Lon’s thoughtful guidance has supported our Administration through the most difficult of situations, including the gas explosions in the Merrimack Valley,”said Lt. Governor Karyn Polito. “Lon’s wealth of experience in both the public and private sectors has helped inform the tremendous advice that he has given our office, and I wish him all the best.”

“Throughout my last four years in the Governor’s Office, I have been honored and enthusiastic to work on a team with elected leaders known for their extraordinary competence, balance, and civility,” said Lon Povich. “I am very grateful for the opportunity to do complicated legal, policy, and political analysis on the most important issues facing the people of the Commonwealth, working alongside dedicated professionals throughout state government. I offer my sincere congratulations to Bob Ross, who I am confident will carry on the tradition of fine lawyers who have had the privilege of serving our governors as their chief legal counsel.”

“I am grateful to Governor Baker and Lieutenant Governor Polito for this opportunity to serve their Administration in this important role,” said Bob Ross.“I am also grateful to Secretary Heffernan and former Secretary Kristen Lepore for the support and trust they have placed in me. A&F is a great place to work with a great team, and I am looking forward to working with the team in the Governor’s Legal Office to build on the substantial legacy of success that Lon has entrusted to me.”

About Bob Ross

Since the start of the Baker-Polito Administration, Bob Ross has served as the General Counsel for the Executive Office for Administration and Finance under Secretary Kristen Lepore and Secretary Michael Heffernan. In this role, he has been primarily responsible for the drafting and review of legislation that has a fiscal impact on the Commonwealth. He has advised the Secretary and the Governor on legal issues inherent in the Commonwealth’s finances and worked closely with the Governor’s Chief Legal Counsel to review enacted legislation that is presented to the Governor for signature.

Prior to his current position, he was the Bureau Chief for the Business and Labor Bureau in the Office of Attorney General Martha Coakley, where he managed five divisions that regulate and enforce the laws governing businesses in Massachusetts, while simultaneously working to preserve the state’s dynamic business climate. He represented the Commonwealth’s interests in litigation stemming from the closure and subsequent bankruptcy filing of North Adams Regional Hospital, continuing vital emergency medical services in the community, and successfully argued the Commonwealth’s case as an amicus in a False Claims Act case before the First Circuit Court of Appeals.

Mr. Ross came to the Attorney General’s Office from the Office of the Senate President, where he worked for more than a decade in various roles in that Office and the Senate Committee on Ways and Means, including six and one half years as Chief Policy Advisor for Senate President Therese Murray.

Before coming to state government, Mr. Ross worked for six years as a litigation associate in the main office of McGuire Woods, a large law firm based in Richmond, Virginia. He graduated from Northwestern University Law School, and did his undergraduate work at the College of William and Mary in Virginia.

He and his wife live in Wellesley with their three children, ages 14, 12 and 10.

About Lon Povich

As Governor Baker’s Chief Legal Counsel, Lon Povich is responsible for the broad range of policy and legal matters that come before the Governor and his senior team.

Prior to joining the Baker administration in January 2015, Lon was Executive Vice President, General Counsel and Secretary of BJ’s Wholesale Club, Inc. Lon joined BJ’s in February 2007 after serving for 11 years as General Counsel at The Boston Consulting Group, a global strategy firm. At both BCG and BJ’s, Lon had responsibility for a number of management and operational issues.

Earlier in his career Lon worked as a litigation associate at Goodwin Procter in Boston; as an Assistant United States Attorney, in the Economic Crimes Division of the Boston United States Attorney’s Office; and as Deputy Chief Legal Counsel to Massachusetts Governor Weld. Lon graduated from Harvard Law School and Dartmouth College (summa cum laude, Phi Beta Kappa.) After graduation from HLS, he served as a law clerk to Chief Justice Vincent McKusick of the Maine Supreme Judicial Court.

Lon has also been active in the community. From 1996 to 2004, he was a director of MassHousing (Massachusetts’ low income housing finance agency); and from 2005 until 2010 he served on the Governor’s Judicial Nominating Commission. Lon also sat on the Board of Directors of the Greater Boston Food Bank, served on the Board of Greater Boston Legal Services, as an elected member of the Council of the Boston Bar Association, and has been involved in a number of local organizations in Wellesley, MA.  In 2018 he received the Executive Leadership Award at the Jewish Community Relations Council’s Annual Legislative Reception, 2018; and in 2014 he received the Good Apple Award for “demonstrated dedication to public service, fairness and social justice,” from the Massachusetts Appleseed Center for Law and Justice.

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MEDFORD WOMAN SENTENCED FOR SOCIAL SECURITY, MEDICARE, MASSHEALTH AND SNAP BENEFIT FRAUD

MEDFORD WOMAN SENTENCED FOR SOCIAL SECURITY,
MEDICARE, MASSHEALTH AND SNAP BENEFIT FRAUD
Defendant stole over $100,000 in public assistance benefits

BOSTON – A Medford woman was sentenced yesterday in federal court in Boston for fraudulently receiving Social Security disability benefits, Medicare, MassHealth and Supplemental Nutrition Assistance Program (SNAP) benefits.

Stephanie DiPierro, 39, was sentenced by U.S. District Court Judge William G. Young to one year and one day in prison, three years of supervised release, and ordered to pay $108,288 in restitution. In November 2018, DiPierro pleaded guilty to three counts of theft of public funds, two counts of making false statements, and one count of falsely representing a Social Security number. In November 2017, DiPierro was arrested, charged and released on conditions.

From October 2007 through May 2017, DiPierro stole $73,288 in Social Security benefits, $8,455 in Medicare benefits, $8,615 in MassHealth benefits and $17,929 in SNAP benefits. In September 2015, she falsely informed the Massachusetts Department of Transitional Assistance that she did not have any income other than her Social Security benefits when, in fact, she was receiving income as a result of her work as a personal care attendant. DiPierro falsely told Social Security in March 2016, while she was working as a personal care attendant, that she did not take care of any other individual. DiPierro also falsely represented her Social Security number on a time sheet submitted in connection with her work as a personal care attendant. 

United States Attorney Andrew E. Lelling; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Phillip M. Coyne, Special Agent in Charge of the Office of Inspector General of the U.S. Department of Health and Human Service’s Boston Regional Office; and Suzanne M. Bump, State Auditor of the Commonwealth of Massachusetts, made the announcement. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit prosecuted the case.