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NEW YORK--(BUSINESS WIRE)--Dec 23, 2024-- Saks Global, a leading luxury retail and real estate company, has finalized its acquisition of Neiman Marcus Group (NMG) for a total enterprise value of $2.7 billion. Saks Global now includes Neiman Marcus, Bergdorf Goodman, Saks Fifth Avenue, and Saks OFF 5TH, each continuing to serve customers under their own brand. Richard Baker, Executive Chairman of Saks Global, said, “This milestone transaction marks a transformative moment for Saks Global and the luxury retail industry. By uniting Neiman Marcus, Bergdorf Goodman, and Saks Fifth Avenue, we have created an unparalleled multi-brand luxury portfolio with tremendous growth potential. With data and innovation at our core and a portfolio of prime real estate, we aim to redefine the luxury shopping experience.” Marc Metrick will serve as CEO of Saks Global Operating Group, and Ian Putnam will serve as CEO of Saks Global Properties & Investments. Both will report to Richard Baker, Saks Global’s Executive Chairman. Saks Global Operating Group Powered by data-driven technology and with a strengthened financial position, Saks Global is primed to deliver personalized, inspiring shopping experiences, and to be a stronger partner to brands in reaching their target customers. Marc Metrick, CEO, Saks Global Operating Group, said, “Bringing these iconic brands together is a significant step forward for luxury retail. As one company, we have an opportunity to transform the way we serve consumers, blending art and science to ensure each customer's experience is unmistakably their own. With deep relationships across the industry, cutting-edge personalization and strategic technology partnerships, we are poised to drive innovation and growth. I look forward to working with the many talented leaders and employees from NMG and across Saks Global as we embark upon our journey to bring these businesses together.” To ensure Saks Global is best positioned to drive the growth of its luxury businesses, the company has established the role of President & Chief Commercial Officer. Emily Essner, who previously served as Chief Marketing Officer at Saks, has been promoted into this role, leading the company’s go-to-market strategy by aligning key commercial functions to enhance the customer experience and drive revenue. Metrick added, “This role will break the mold for how we bring the luxury shopping experience to life. Emily is the ideal person to lead this critical new function and advance our strategy to meet customers’ increasing demand for individualized experiences.” Bergdorf Goodman will remain a standalone business under the Saks Global umbrella, building upon its reputation for distinct, curated luxury shopping. Tracy Margolies, who previously served as Chief Merchandising Officer for Saks, has been appointed President. Metrick continued, “Tracy’s deep expertise and track record of leading results-driven strategies will propel Bergdorf Goodman into the future while honoring its unique legacy. I am confident she is the right person to lead this storied business’ next chapter and look forward to what Bergdorf Goodman will accomplish under her leadership.” To support its transformation strategy, Saks Global has appointed Bill Bine to the new role of Chief Transformation Officer. Bine joins Saks Global from Neiman Marcus Group where he served as Chief Supply Chain Officer. Metrick added, “A highly strategic, results-oriented executive, Bill’s significant experience leading large-scale business transformation and operations in retail will be instrumental to our integration journey.” Saks Global Properties & Investments Saks Global Properties & Investments includes Saks Fifth Avenue and Neiman Marcus flagship properties with a $7 billion Gross Asset Value portfolio in luxury markets and is responsible for executing strategic transactions. Ian Putnam, CEO of Saks Global Properties & Investments, said, “With the addition of the Neiman Marcus assets, our real estate and development teams look forward to continuing to opportunistically unlock value from our robust portfolio. Additionally, our investments team will continue to focus efforts on strategic opportunities to enhance both the operating business and our real estate portfolio.” Strategic Relationships As an investor, Amazon will work with Saks Global to innovate on behalf of customers and brand partners. Authentic Brands Group (Authentic), a global brand owner and licensing company, is an investor in Saks Global, and is Saks Global’s joint venture partner in Authentic Luxury Group (ALG). ALG leverages the combined capabilities of Authentic and Saks Global to maximize the potential of Authentic’s luxury brands across key sectors, including fashion, retail, digital, hospitality, real estate, art, and travel. Salesforce is an investor in Saks Global, and will support the business by enhancing its personalization strategy by utilizing first-party data and AI to create a highly customized shopping experience. G-III Apparel Group is an investor in Saks Global, and will continue to support the company as a key merchandising partner. Canadian Retail and Real Estate Assets As a result of this transaction, HBC’s Canadian business and real estate assets and Saks Global will be separately financed. Hudson’s Bay, including its stores and TheBay.com , has been recapitalized and is positioned to execute on its business plan. Hudson’s Bay will continue to own or lease a CAD$2 billion real estate portfolio, either entirely or with its joint venture partner, RioCan Real Estate Investment Trust. Transaction Details The transaction is financed through a combination of equity contributions from new investors, including Amazon, Authentic Brands Group, Salesforce, M. Klein & Company, G-III Apparel Group, and others, an issuance of $2.2 billion of Senior Secured Notes, and an Asset-Based Lending (ABL) revolving credit facility. Existing investors, including Rhône, Insight Partners, Abu Dhabi Investment Council, Abrams Capital, and others are maintaining their ownership in the new structure. Advisors M. Klein & Company served as financial advisor and capital markets advisor to Saks Global on the acquisition of Neiman Marcus Group and related financings. Solomon Partners also served as a financial advisor to Saks Global. Jefferies LLC served as a financial advisor to Saks Global and was also Lead Left Bookrunning Manager for the Senior Secured Notes issuance. BofA Securities, RBC Capital Markets, Citigroup Global Markets Inc., and Morgan Stanley served as financial advisors to Saks Global, led the Asset-Based Lending (ABL) revolving credit facility, and served as Joint Bookrunning Managers for the Senior Secured Notes issuance. Elm Street Advisors served as strategic, commercial and operational advisor. Deloitte served as a financial and tax advisor to Saks Global. Willkie Farr & Gallagher LLP served as legal counsel to Saks Global. About Saks Global Saks Global is a combination of world-class luxury retailers, including Saks Fifth Avenue and Saks OFF 5TH , as well as a portfolio of prime U.S. real estate holdings and investments. Saks Global is deeply committed to helping luxury consumers discover the most sought-after established and emerging brands from around the world. Powered by data-driven technology and centered on the customer, Saks Global is on a mission to redefine the luxury shopping experience through highly personalized service, with greater opportunities for product discovery across all channels. About Neiman Marcus Group NMG is the parent company of leading U.S. multi-brand luxury retailers Neiman Marcus and Bergdorf Goodman. The company successfully transformed itself into a profitable luxury relationship business by Revolutionizing Luxury Experiences for customers, brand partners, communities, and associates. Its differentiated business model is anchored around integrated retail, an expertly curated product assortment, and a sales-assisted approach. For more information visit neimanmarcusgroup.com to view our Info Kit. View source version on businesswire.com : https://www.businesswire.com/news/home/20241223806550/en/ sakspress@saks.com KEYWORD: NEW YORK UNITED STATES NORTH AMERICA CANADA INDUSTRY KEYWORD: COMMERCIAL BUILDING & REAL ESTATE ONLINE RETAIL CONSTRUCTION & PROPERTY LUXURY TRAVEL DEPARTMENT STORES ARTS/MUSEUMS ENTERTAINMENT FASHION RETAIL OTHER TRAVEL SOURCE: Saks Global Copyright Business Wire 2024. PUB: 12/23/2024 05:25 PM/DISC: 12/23/2024 05:25 PM http://www.businesswire.com/news/home/20241223806550/enBy HALELUYA HADERO, Associated Press President-elect Donald Trump asked the Supreme Court on Friday to pause the potential TikTok ban from going into effect until his administration can pursue a “political resolution” to the issue. The request came as TikTok and the Biden administration filed opposing briefs to the court, in which the company argued the court should strike down a law that could ban the platform by Jan. 19 while the government emphasized its position that the statute is needed to eliminate a national security risk. “President Trump takes no position on the underlying merits of this dispute. Instead, he respectfully requests that the Court consider staying the Act’s deadline for divestment of January 19, 2025, while it considers the merits of this case,” said Trump’s amicus brief, which supported neither party in the case. The filings come ahead of oral arguments scheduled for Jan. 10 on whether the law, which requires TikTok to divest from its China-based parent company or face a ban, unlawfully restricts speech in violation of the First Amendment. Earlier this month, a panel of three federal judges on the U.S. Court of Appeals for the District of Columbia Circuit unanimously upheld the statute , leading TikTok to appeal the case to the Supreme Court. The brief from Trump said he opposes banning TikTok at this junction and “seeks the ability to resolve the issues at hand through political means once he takes office.”
Colorado's Travis Hunter to enter draft, vows to be full-time CB and WR in NFLThe ITV show was back on screens tonight, with a number of famous faces taking on all five Chasers however viewers were quick to issue the same complaint 'The Chase' fans were left rather disgruntled as the celebrity team bagged a hefty £116,000 for charity all due to a contentious answer. The Christmas special episode featured Coronation Street's Tony Maudsley, 'Pointless' presenter Alexander Armstrong, Britain's Olympic trampoline hero Bryony Page, and actress Kerry Godliman facing off against the formidable Chasers in what turned out to be an edge-of-the-seat affair. However, the show drew criticism over one particular query posed by host Bradley Walsh. He asked Armstrong: "What name is given to a pointed hand tool used for making holes in the ground for seeds or young plants?" The given choices were "A: Dibble, B: Nibble, or C: Quibble," Alexander eventually chose 'Dibble,' which was accepted as correct, much to viewers' dismay as they insisted the correct term should be "dibber," not "dibble." One viewer commented: "Lee Mack and WILTY taught me that it's a dibber but okay." Echoing the sentiment, another stated: "It's actually called a dibber, not a dibble..." further elaborating: "It's dibber not dibble... ", with a fellow fan responding: "That's what I thought as well," reports the Express . Even 'Gardeners' World' defines this tool as "an ideal tool for gardening," with a dibber being described as a lengthy, sharply-pointed stick designed to punch uniform holes in the soil, creating optimal conditions for planting seeds, seedlings, cuttings, and diminutive bulbs. In a commendable display of teamwork and knowledge, all four celebrities made it to the final round, there to overcome Jenny Ryan, better known as the Vixen, with a three-question lead despite her speedy progress through Walsh's rapid questions. While the episode was warmly received, some viewers raised eyebrows at the celebrities bagging another Christmas special jackpot. One viewer commented: "Oh Wow! What about that, another Celebrity Christmas special jackpot being won." Others noted the contrast in difficulty levels between regular and festive episodes, with a comment stating: "Normal shows been harder, but the Christmas special as easy as anything." That said, there was plenty of commendation for Tony's performance in the final chase, with social media users showing their support. Someone applauded the star, saying: "@TonyMaudsley1 Well done! Smashed it! ". Echoing the sentiments, another chimed in with praise, remarking: "Tony smashed it in the final chase." Catch 'The Chase' on the telly every weekday at 5 pm on ITV1.
ANN ARBOR, Mich. (AP) — defense of the national championship has fallen woefully short. The Wolverines started the season ranked No. 9 in the , making them the third college football team since 1991 to be ranked worse than seventh in the preseason poll after winning a national title. Michigan (6-5, 4-4 Big Ten) failed to meet those modest expectations, barely becoming eligible to play in a bowl and putting the program in danger of losing six or seven games for the first time since the Brady Hoke era ended a decade ago. The Wolverines potentially can ease some of the pain with a win against rival and second-ranked (10-1, 7-1, No. 2 CFP) on Saturday in the Horseshoe, but that would be a stunning upset. Ohio State is a 21 1/2-point favorite, according to the BetMGM Sportsbook, and that marks just the third time this century that there has been a spread of at least 20 1/2 points in what is known as “The Game.” Michigan coach Sherrone Moore doesn't sound like someone who is motivating players with an underdog mentality. “I don’t think none of that matters in this game,” Moore said Monday. “It doesn’t matter the records. It doesn’t matter anything. The spread, that doesn’t matter.” How did Michigan end up with a relative mess of a season on the field, coming off its first national title since 1997? Winning it all with a coach and star player contemplating being in the NFL for the 2024 season seemed to have unintended consequences for the current squad. The Wolverines closed the College Football Playoff with a win over Washington on Jan. 8; several days later quarterback announced he was skipping his senior season; and it took more than another week for to bolt to coach the Los Angeles Chargers. In the meantime, most quality quarterbacks wanting to transfer had already enrolled at other schools and Moore was left with lackluster options. Davis Warren beat out Alex Orji to be the team's quarterback for the opener and later lost the job to Orji only to get it back again. No matter who was under center, however, would've likely struggled this year behind an offensive line that sent six players to the NFL. The Wolverines lost one of their top players on defense, safety Rod Moore, to a season-ending injury last spring and another one, preseason All-America cornerback Will Johnson, hasn't played in more than a month because of an injury. The Buckeyes are not planning to show any mercy after losing three straight in the series. “We’re going to attack them," Ohio State defensive end Jack Sawyer said. “We know they’re going to come in here swinging, too, and they’ve still got a good team even though the record doesn’t indicate it. This game, it never matters what the records are." While a win would not suddenly make the Wolverines' season a success, it could help Moore build some momentum a week after top-rated freshman quarterback flipped his commitment from LSU to Michigan. “You come to Michigan to beat Ohio,” said defensive back Quinten Johnson, intentionally leaving the word State out when referring to the rival. "That's one of the pillars of the Michigan football program. “It doesn’t necessarily change the fact of where we are in the season, but it definitely is one of the defining moments of your career here at Michigan.” ___ AP Sports Writer Mitch Stacy in Columbus, Ohio, contributed to this report. ___ Get alerts on the latest AP Top 25 poll throughout the season. . AP college football: and Larry Lage, The Associated Press
Jury unable to reach verdict in sexual abuse case, adjourned to next year
Applovin CTO Shikin Vasily sells $74.7 million in stockNEW YORK, Dec. 12, 2024 (GLOBE NEWSWIRE) -- WHY: Rosen Law Firm, a global investor rights law firm, continues to investigate potential securities claims on behalf of shareholders of Light & Wonder, Inc. LNW resulting from allegations that Light & Wonder may have issued materially misleading business information to the investing public. SO WHAT: If you purchased Light & Wonder securities you may be entitled to compensation without payment of any out of pocket fees or costs through a contingency fee arrangement. The Rosen Law Firm is preparing a class action seeking recovery of investor losses. WHAT TO DO NEXT: To join the prospective class action, go to https://rosenlegal.com/submit-form/?case_id=29678 or call Phillip Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com for information on the class action. WHAT IS THIS ABOUT: On September 24, 2024, the Las Vegas Review-Journal published an article entitled "Slot manufacturer scores major win against Las Vegas-based rival." It stated that "Aristocrat Technologies Inc.'s request for a preliminary injunction in its trade-secret and copyright infringement lawsuit against Light & Wonder" had been granted, and that the "order prohibits [Light & Wonder] from the ‘continued or planned sale, leasing, or other commercialization of Dragon Train,' which Aristocrat claims uses intellectual property developed for its Dragon Link and Lightning Link games." On this news, the price of Light & Wonder common stock fell 19.49% on September 24, 2024. WHY ROSEN LAW: We encourage investors to select qualified counsel with a track record of success in leadership roles. Often, firms issuing notices do not have comparable experience, resources, or any meaningful peer recognition. Many of these firms do not actually litigate securities class actions. Be wise in selecting counsel. The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. Rosen Law Firm achieved the largest ever securities class action settlement against a Chinese Company at the time. Rosen Law Firm was Ranked No. 1 by ISS Securities Class Action Services for number of securities class action settlements in 2017. The firm has been ranked in the top 4 each year since 2013 and has recovered hundreds of millions of dollars for investors. In 2019 alone the firm secured over $438 million for investors. In 2020, founding partner Laurence Rosen was named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's attorneys have been recognized by Lawdragon and Super Lawyers. Follow us for updates on LinkedIn: https://www.linkedin.com/company/the-rosen-law-firm , on Twitter: https://twitter.com/rosen_firm or on Facebook: https://www.facebook.com/rosenlawfirm/ . Attorney Advertising. Prior results do not guarantee a similar outcome. ------------------------------- Contact Information: Laurence Rosen, Esq. Phillip Kim, Esq. The Rosen Law Firm, P.A. 275 Madison Avenue, 40th Floor New York, NY 10016 Tel: (212) 686-1060 Toll Free: (866) 767-3653 Fax: (212) 202-3827 case@rosenlegal.com www.rosenlegal.com © 2024 Benzinga.com. Benzinga does not provide investment advice. All rights reserved.
TORONTO, Dec. 23, 2024 (GLOBE NEWSWIRE) -- Blockmate Ventures Inc. (TSX.V: MATE) (OTCQB: MATEF) (FSE: 8MH1) (" Blockmate ” or the " Company ”) is pleased to announce that it has closed its strategic investment (the " Offering ”) involving a group of strategic investors led by Antanas Guoga (Tony G) for gross proceeds of $1,400,000. This strategic funding supports Blockmate's pursuit of industry leadership in blockchain innovation and underscores our commitment to sustainable and transformative technology. In connection with completion of the Offering, the Company has issued 14,000,000 units (each, a " Unit ”) at a price of $0.10 per Unit. Each Unit consists of one common share, and one common share purchase warrant exercisable to acquire a further common share at a price of $0.50 until December 23, 2027. All securities issued in connection with the Offering are subject to statutory restrictions on resale until April 24, 2025, in accordance with applicable securities laws. In addition, Tony G has voluntarily agreed to restrict resale of the 10,000,000 Units he acquired in the Offering until December 23, 2025. No finders' fees or commissions were paid by the Company in connection with completion of the Offering. Incentive Grant The Company also announces that it has granted 5,275,000 incentive stock options (the " Options ”), 1,200,000 restricted share units (the " RSUs ”) and 5,000,000 deferred share units (the " DSUs ”) in accordance with its omnibus incentive plan (the " Incentive Plan ”) adopted by shareholders at the annual general and special meeting held on November 23, 2023. 625,000 of the Options vest immediately and are exercisable at a price of $0.21 for a period of thirty-six months. The remaining 5,000,000 Options vest quarterly over a twenty-four month period, and are exercisable at a price of $0.21 for a period of forty-eight months. The RSUs vest and will be settled in common shares of the Company after twelve months. The DSUs vest after twelve months but will only be settled in common shares of the Company upon the departure of the holder from the Company. 2,725,000 of the Options and all of the DSUs exceed the available room under the Incentive Plan. The Company intends to seek approval of shareholders to increase the size of the Incentive Plan at the next annual general meeting and will at that time seek ratification from shareholders for the additional Options and the DSUs. Until such time as shareholder ratification has been received, the additional Options and DSUs will not vest and will not be eligible for exercise or settlement. In the event shareholders elect not to ratify the grant, and room within the Incentive Plan is not available at the time, the additional Options and DSUs will be cancelled. Early Warning Disclosure In connection with the incentive grant, Domenic Carosa, a director of the Company, has been issued 5,000,000 Options and 5,000,000 DSUs. Prior to the grant, Mr. Carosa controlled 17,252,400 common shares, 1,500,000 incentive stock options, and 3,000,000 common share purchase warrants, of the Company, all of which are held by Carosa Corporation B.V., a holding company controlled by Domenic Carosa. The common shares controlled by Mr. Carosa prior to the grant represent approximately 15.1% of the issued and outstanding common shares of the Company. Following the grant, Mr. Carosa has control and direction over 17,252,400 common shares, 6,500,000 Options, 3,000,000 common share purchase warrants and 5,000,000 DSUs of the Company. Assuming the exercise and conversion of all of the Options, share purchase warrants and DSUs controlled by Mr. Carosa, he would have control and direction over 31,752,400 common shares of the Company representing approximately 19.8% of the then outstanding common shares of the Company. Mr. Carosa has acquired the securities for investment purposes and in connection with his compensation as a director of the Company and, as disclosed in the accompanying Early Warning Report, may in the future acquire or dispose of securities of the Company, through the market, privately or otherwise, as circumstances or market conditions warrant. A copy of the Early Warning Report filed with the applicable securities regulators regarding the above acquisition will be available under the profile for the Company on SEDAR+ ( www.sedarplus.ca ). About Blockmate Ventures Inc. Blockmate is a venture creator focussing on building fast-growing technology businesses relating to cutting edge sectors such as blockchain and renewable energy. Working with prospective founders, projects in incubation can benefit from the Blockmate ecosystem that offers tech, services, integrations and advice to accelerate the incubation of projects towards monetization. Recent projects include Hivello (download our free passive income app at www.hivello.com ) and Sunified, digitising solar energy. The leadership team at Blockmate have successfully founded successful tech companies from the Dotcom era through to the social media era. Learn more about being a Blockmate at: www.blockmate.com/ . Blockmate welcomes investors to join the Company's mailing list for the latest updates and industry research by subscribing at https://www.blockmate.com/subscribe . ON BEHALF OF THE BOARD OF DIRECTORS Justin Rosenberg, Chief Executive Officer Blockmate Ventures Inc. [email protected] (+1-580-262-6130) Neither the TSX Venture Exchange nor its Regulation Services Provider (as that term is defined in policies of the TSX Venture Exchange) accepts responsibility for the adequacy or accuracy of this release Forward-Looking Information This news release contains "forward-looking statements” or "forward-looking information” (collectively, "forward-looking statements”) within the meaning of applicable securities legislation. All statements, other than statements of historical fact, are forward-looking statements and are based on the assumptions, expectations, estimates and projections as of the date of this news release. Forward-looking statements are subject to a variety of known and unknown risks, uncertainties and other factors that could cause actual events or results to differ from those expressed or implied by forward-looking statements contained herein. There can be no assurance that such statements will prove to be accurate, as actual results and future events could differ materially from those anticipated in such statements. Raindrop disclaims any obligation to update any forward-looking statements, whether because of new information, future events or otherwise, except as may be required by applicable securities laws. Readers should not place undue reliance on forward-looking statements.US to send $1.25 billion in weapons to Ukraine, pushing to get aid out before Biden leaves office
As open enrollment for Affordable Care Act plans continues through Jan. 15, you’re likely seeing fewer social media ads promising monthly cash cards worth hundreds, if not thousands, of dollars that you can use for groceries, medical bills, rent and other expenses. But don’t worry. You haven’t missed out on any windfalls. Clicking on one of those ads would not have provided you with a cash card — at least not worth hundreds or thousands. But you might have found yourself switched to a health insurance plan you did not authorize, unable to afford treatment for an unforeseen medical emergency, and owing thousands of dollars to the IRS, according to an ongoing lawsuit against companies and individuals who plaintiffs say masterminded the ads and alleged scams committed against millions of people who responded to them. The absence of those once-ubiquitous ads are likely a result of the federal government suspending access to the ACA marketplace for two companies that market health insurance out of South Florida offices, amid accusations they used “fraudulent” ads to lure customers and then switched their insurance plans and agents without their knowledge. In its suspension letter, the Centers for Medicare & Medicaid Services (CMS) cited “credible allegations of misconduct” in the agency’s decision to suspend the abilities of two companies — TrueCoverage (doing business as Inshura) and BenefitAlign — to transact information with the marketplace. CMS licenses and monitors agencies that use their own websites and information technology platforms to enroll health insurance customers in ACA plans offered in the federal marketplace. The alleged scheme affected millions of consumers, according to a lawsuit winding its way through U.S. District Court in Fort Lauderdale that seeks class-action status. An amended version of the suit, filed in August, increased the number of defendants from six to 12: — TrueCoverage LLC, an Albuquerque, New Mexico-based health insurance agency with large offices in Miami, Miramar and Deerfield Beach. TrueCoverage is a sub-tenant of the South Florida Sun Sentinel in a building leased by the newspaper in Deerfield Beach. — Enhance Health LLC, a Sunrise-based health insurance agency that the lawsuit says was founded by Matthew Herman, also named as a defendant, with a $150 million investment from hedge fund Bain Capital’s insurance division. Bain Capital Insurance Fund LP is also a defendant. — Speridian Technologies LLC, accused in the lawsuit of establishing two direct enrollment platforms that provided TrueCoverage and other agencies access to the ACA marketplace. — Benefitalign LLC, identified in the suit as one of the direct enrollment platforms created by Speridian. Like Speridian and TrueCoverage, the company is based in Albuquerque, New Mexico. — Number One Prospecting LLC, doing business as Minerva Marketing, based in Fort Lauderdale, and its founder, Brandon Bowsky, accused of developing the social media ads that drove customers — or “leads” — to the health insurance agencies. — Digital Media Solutions LLC, doing business as Protect Health, a Miami-based agency that the suit says bought Minerva’s “fraudulent” ads. In September, the company filed for Chapter 11 protection from creditors in United States Bankruptcy Court in Texas, which automatically suspended claims filed against the company. — Net Health Affiliates Inc., an Aventura-based agency the lawsuit says was associated with Enhance Health and like it, bought leads from Minerva. — Garish Panicker, identified in the lawsuit as half-owner of Speridian Global Holdings and day-to-day controller of companies under its umbrella, including TrueCoverage, Benefitalign and Speridian Technologies. — Matthew Goldfuss, accused by the suit of overseeing and directing TrueCoverage’s ACA enrollment efforts. All of the defendants have filed motions to dismiss the lawsuit. The motions deny the allegations and argue that the plaintiffs failed to properly state their claims and lack the standing to file the complaints. The Sun Sentinel sent requests for comment and lists of questions about the cases to four separate law firms representing separate groups of defendants. Three of the law firms — one representing Brandon Bowsky and Number One Prospecting LLC d/b/a Minerva Marketing, and two others representing Net Health Affiliates Inc. and Bain Capital Insurance Fund — did not respond to the requests. A representative of Enhance Health LLC and Matthew Herman, Olga M. Vieira of the Miami-based firm Quinn Emanuel Urquhart & Sullivan LLP, responded with a short message saying she was glad the newspaper knew a motion to dismiss the charges had been filed by the defendants. She also said that, “Enhance has denied all the allegations as reported previously in the media.” Catherine Riedel, a communications specialist representing TrueCoverage LLC, Benefitalign LLC, Speridian Technologies LLC, Girish Panicker and Matthew Goldfuss, issued the following statement: “TrueCoverage takes these allegations very seriously and is responding appropriately. While we cannot comment on ongoing litigation, we strongly believe that the allegations are baseless and without merit. “Compliance is our business. The TrueCoverage team records and reviews every call with a customer, including during Open Enrollment when roughly 500 agents handle nearly 30,000 calls a day. No customer is enrolled into any policy without a formal verbal consent given by the customer. If any customer calls in as a result of misleading content presented by third-party marketing vendors, agents are trained to correct such misinformation and action is taken against such third-party vendors.” Through Riedel, the defendants declined to answer follow-up questions, including whether the company remains in business, whether it continues to enroll Affordable Care Act clients, and whether it is still operating its New Mexico call center using another affiliated technology platform. The suspension notification from the Centers for Medicare and Medicaid Services letter cites several factors, including the histories of noncompliance and previous suspensions. The letter noted suspicion that TrueCoverage and Benefitalign were storing consumers’ personally identifiable information in databases located in India and possibly other overseas locations in violation of the centers’ rules. The letter also notes allegations against the companies in the pending lawsuit that “they engaged in a variety of illegal practices, including violations of the (Racketeer Influenced & Corrupt Organizations, or RICO Act), misuse of consumer (personal identifiable information) and insurance fraud.” The amended lawsuit filed in August names as plaintiffs five individuals who say their insurance plans were changed and two agencies who say they lost money when they were replaced as agents. The lawsuit accuses the defendants of 55 counts of wrongdoing, ranging from running ads offering thousands of dollars in cash that they knew would never be provided directly to consumers, switching millions of consumers into different insurance policies without their authorization, misstating their household incomes to make them eligible for $0 premium coverage, and “stealing” commissions by switching the agents listed in their accounts. TrueCoverage, Enhance Health, Protect Health, and some of their associates “engaged in hundreds of thousands of agent-of-record swaps to steal other agents’ commissions,” the suit states. “Using the Benefitalign and Inshura platforms, they created large spreadsheet lists of consumer names, dates of birth and zip codes.” They provided those spreadsheets to agents, it says, and instructed them to access platforms linked to the ACA marketplace and change the customers’ agents of record “without telling the client or providing informed consent.” “In doing so, they immediately captured the monthly commissions of agents ... who had originally worked with the consumers directly to sign them up,” the lawsuit asserts. TrueCoverage employees who complained about dealing with prospects who called looking for cash cards were routinely chided by supervisors who told them to be vague and keep making money, the suit says. When the Centers for Medicare and Medicaid Services began contacting the company in January about customer complaints, the suit says TrueCoverage enrollment supervisor Matthew Goldfuss sent an email instructing agents “do not respond.” The lawsuit states the “scheme” was made possible in 2021 when Congress passed the American Rescue Plan Act in the wake of the COVID pandemic. The act made it possible for Americans with household incomes between 100% and 150% of the federal poverty level to pay zero in premiums and it enabled those consumers to enroll in ACA plans all year round, instead of during the three-month open enrollment period from November to January. Experienced health insurance brokers recognized the opportunity presented by the changes, the lawsuit says. More than 40 million Americans live within 100% and 150% of the federal poverty level, while only 15 million had ACA insurance at the time. The defendants developed or benefited from online ads, the lawsuit says, which falsely promised “hundreds and sometimes thousands of dollars per month in cash benefits such as subsidy cards to pay for common expenses like rent, groceries, and gas.” Consumers who clicked on the ads were brought to a landing page that asked a few qualifying questions, and if their answers suggested that they might qualify for a low-cost or no-cost plan, they were provided a phone number to a health insurance agency. There was a major problem with the plan, according to the lawsuit. “Customers believe they are being routed to someone who will send them a free cash card, not enroll them in health insurance.” By law, the federal government sends subsidies for ACA plans to insurance companies, and not to individual consumers. Scripts were developed requiring agents not to mention a cash card, and if a customer mentions a cash card, “be vague” and tell the caller that only the insurance carrier can provide that information, the lawsuit alleges. In September, the defendants filed a motion to dismiss the claims. In addition to denying the charges, they argued that the class plaintiffs lacked the standing to make the accusations and failed to demonstrate that they suffered harm. The motion also argued that the lawsuit’s accusations failed to meet requirements necessary to claim civil violations of the RICO Act. Miami-based attorney Jason Kellogg, representing the plaintiffs, said he doesn’t expect a ruling on the motion to dismiss the case for several months. The complaint also lists nearly 50 companies, not named as defendants, that it says fed business to TrueCoverage and Enhance Health. Known in the industry as “downlines,” most operate in office parks throughout South Florida, the lawsuit says. The lawsuit quotes former TrueCoverage employees complaining about having to work with customers lured by false cash promises in the online ads. A former employee who worked in the company’s Deerfield Beach office was quoted in the lawsuit as saying that senior TrueCoverage and Speridian executives “knew that consumers were calling in response to the false advertisements promising cash cards and they pressured agents to use them to enroll consumers into ACA plans.” A former human resources manager for TrueCoverage said sales agents frequently complained “that they did not feel comfortable having to mislead consumers,” the lawsuit said. Over two dozen agents “came to me with these complaints and showed me the false advertisements that consumers who called in were showing them,” the lawsuit quoted the former manager as saying. For much of the time the companies operated, the ACA marketplace enabled agents to easily access customer accounts using their names and Social Security numbers, change their insurance plans and switch their agents of record without their knowledge or authorization, the lawsuit says. This resulted in customers’ original agents losing their commissions and many of the policyholders finding out they suddenly owed far more for health care services than their original plans had required, the suit states. It says that one of the co-plaintiffs’ health plans was changed at least 22 times without her consent. She first discovered that she had lost her original plan when she sought to renew a prescription for her heart condition and her doctor told her she did not have health insurance, the suit states. Another co-plaintiff’s policy was switched after her husband responded to one of the cash card advertisements, the lawsuit says. That couple’s insurance plan was switched multiple times after a TrueCoverage agent excluded the wife’s income from an application so the couple would qualify. Later, they received bills from the IRS for $4,300 to cover tax credits issued to pay for the plans. CMS barred TrueCoverage and BenefitAlign from accessing the ACA marketplace. It said it received more than 90,000 complaints about unauthorized plan switches and more than 183,500 complaints about unauthorized enrollments, but the agency did not attribute all of the complaints to activities by the two companies. In addition, CMS restricted all agents’ abilities to alter policyholders’ enrollment information, the lawsuit says. Now access is allowed only for agents that already represent policyholders or if the policyholder participates in a three-way call with an agent and a marketplace employee. Between June and October, the agency barred 850 agents and brokers from accessing the marketplace “for reasonable suspicion of fraudulent or abusive conduct related to unauthorized enrollments or unauthorized plan switches,” according to an October CMS news release . The changes resulted in a “dramatic and sustained drop” in unauthorized activity, including a nearly 70% decrease in plan changes associated with an agent or broker and a nearly 90% decrease in changes to agent or broker commission information, the release said. It added that while consumers were often unaware of such changes, the opportunity to make them provided “significant financial incentive for non-compliant agents and brokers.” But CMS’ restrictions might be having unintended consequences for law-abiding agents and brokers. A story published by Insurance News Net on Nov. 11 quoted the president of the Health Agents for America (HAFA) trade group as saying agents are being suspended by CMS after being flagged by a mysterious algorithm that no one can figure out. The story quotes HAFA president Ronnell Nolan as surmising, “maybe they wrote too many policies on the same day for people who have the same income or they’re writing too many policies on people of a certain occupation.” Nolan continued, “We have members who have thousands of ACA clients. They can’t update or renew their clients. So those consumers have lost access to their professional agent, which is simply unfair.” Ron Hurtibise covers business and consumer issues for the South Florida Sun Sentinel. He can be reached by phone at 954-356-4071, on Twitter @ronhurtibise or by email at rhurtibise@sunsentinel.com.Mr. Brown is our Pet of the Week. This handsome chap came to SOS Animal Shelter in August as a stray. We pulled him from one of our rural pounds, and he has been such a delight to have at the shelter. Mr. Brown is the SOS Shelter Pet of the Week this week. Mr. Brown is an easy going dog and would make an amazing family pet for just about any family dynamic. He’s great around kids and adults. Mr. Brown also enjoys the company of other dogs, so he will do great as a single dog, or in a house full of dogs. The more the merrier for him. Mr. Brown is estimated to be around three or four years of age, so no more growing for this boy. If you are looking for a social hound, stop by and meet Mr. Brown today. SOS really appreciates donations. These are some of the things we always need. Purina Cat Naturals dry food (olive green bag), Kitten Chow dry food, Bleach (any brand), Pine Pellets Horse bedding (used for cat litter), Purina One dog food, laundry detergent (any brand). Please check out our wish lists on Amazon and Chewy for other needed items. We also welcome volunteers at the shelter, and at our monthly dog washes through the summer. Be the first to know Get local news delivered to your inbox!