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Supreme Court: States Can Collect Sales Tax from Online Retailers without Physical Presence

IRVINE -- In a 5-4 vote on June 21, 2018, the United States Supreme Court narrowly ruled in favor of letting states collect sales tax from online retailers. Prior to the ruling, South Dakota v. Wayfair, Inc., et al. (2018), it was necessary to establish a physical presence in a state before requiring businesses to collect and remit sales tax. Proponents say the ruling will help state governments increase revenues, but opponents argue that consumers and online retailers will be harmed, particularly small merchants like sole proprietors.

Continuing, Justice Kennedy noted potential shortcomings in the former system: a product of Quill Corporation v. North Dakota (1992) and National Bellas Hess v. Department of Revenue (1967), which stood as precedent for decades – until Thursday morning. The precedents established by these cases, Kennedy wrote, effectively made "a judicially created tax shelter" – that is, a strategy to minimize tax liabilities – "for businesses that decide to limit their physical presence and still sell their goods and services to a state's consumers." Indicating that small businesses – upon which Justice Roberts warned the "burden [would] fall disproportionately" – could "seek relief" on a case-by-case basis.


City of Madera Aims to Stimulate Local Building Activity with Newly Proposed Incentive Programs

MADERA  - – Drafts of three new development incentive programs were released today by city officials intended to bolster interest from developers and investors seeking new opportunities in the City of Madera.

The release of the new programs comes after a City Council subcommittee comprised of councilmembers Will Oliver, Charles Rigby, and Jose Rodriguez organized a series of meetings with community groups to identify ways the City could make it easier for property owners and builders to invest in Madera, describing their desire to allow property owners and developers to invest more dollars into their properties and less into City permit fees, with the intent that the community gains in the long run with increased employment and tax revenues.

Calif. Appeals Court Suspends Lower Court Ruling, Reinstates End of Life Option Act

RIVERSIDE, Calif.  -   A California appeals court today granted emergency motions by the two terminally ill adults and a physician represented by Compassion & Choices for an "automatic stay" to immediately suspend a lower court's judgment invalidating the End of Life Option Act. The appeals court also granted a motion by Attorney General Xavier Becerra for a "discretionary stay" of the lower court ruling. The rulings reinstate the law, effective immediately.

Similar to laws in Washington, D.C. and six states, the California law gives mentally capable, terminally ill adults with six months or less to live the option to request prescription medication they can decide to take to end unbearable suffering and die peacefully in their sleep.

Stockton Man Pleads Guilty to Money Laundering

SACRAMENTO  -   Raeef Ohan Ohan, 59, of Stockton, pleaded guilty today to engaging in monetary transactions in criminally derived property related to a series of cargo thefts, U.S. Attorney McGregor W. Scott announced. According to court documents, from 2012 to 2014, Ohan received and possessed thousands of dollars’ worth of stolen goods that had been stolen from truck trailers or warehouses. Ohan then sold the stolen goods to legitimate wholesalers and retail entities through his company called “V&P Trading.”

Ohan failed to accurately report to the Internal Revenue Service and the California Franchise Tax Board (FTB) the income he received from this criminal activity, as well as income received by other means. As part of his plea agreement, Ohan agreed to pay restitution to the victims of the cargo thefts, as well as to the IRS and FTB.

Cal 3 Initiative Approved for Statewide Ballot in November

SACRAMENTO  -  Citizens for Cal 3 today announced their ballot initiative was approved for inclusion on the statewide election this November. This qualification by the California State Office of Elections gives Californians an unprecedented opportunity to direct a more promising future for their communities. The Cal 3 ballot initiative will give all Californians a vote to create three states from the existing one.

"This milestone is a testament to the energized spirit of Californians wanting to create a better future for themselves and their communities," Citizens for Cal 3 spokesperson Peggy Grande said. "This November, all Californians have the opportunity to send the message they are ready for solutions to our most pressing state issues in failing education, crumbling infrastructure, sky-high taxes and stagnation in state government."

Sacramento Man Pleads Guilty to Producing and Distributing Child Pornography

SACRAMENTO  -  Mark Corum, 62, of Sacramento, pleaded guilty today to four counts of production of child pornography and one count of distribution of child pornography, U.S. Attorney McGregor W. Scott announced. According to court documents, Corum engaged in Skype conversations with various Skype users in the Philippines in which he instructed the other parties to perform sexual acts on children while he watched on live webcam.

Corum sent the persons in the Philippines payments of between $25 and $35 via money transmittal services in exchange for them performing the sexual acts he requested on children and transmitting the images to him via webcam. Transcripts of the Skype chats filed with the court reflect that, at Corum’s direction, children between the ages of infancy and 10 years old were sexually abused. The Skype chats also contain statements by Corum alluding to prior trips to the Philippines and sex acts with children there.

Former Merced County Store Manager Sentenced for Conspiracy to Defraud Government Benefits Program

FRESNO  -   Suzy Vang Lo, 41, formerly of Merced, was sentenced today by U.S. District Judge Lawrence J. O’Neill to 21 months in prison for conspiring to defraud the United States by unlawfully purchasing Supplemental Nutrition Assistance Program (SNAP) benefits from recipients in exchange for cash, U.S. Attorney McGregor W. Scott announced.

Suzy Vang Lo and her husband, Michael Chu Lo, pleaded guilty to the scheme in March 2018. According to court documents, Suzy Vang Lo was the manager of LV Market in Winton. Her husband performed many employee functions at the store even though he was not officially employed at the store. Suzy Vang Lo conspired with her husband to give SNAP recipients cash in exchange for swiping their benefit cards. When the defendants exchanged SNAP benefits for cash, it caused the U.S. Department of Agriculture (USDA) to wire sums of money into an account that Suzy Vang Lo controlled.


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