Saturday, October 11, 2014

Florida Puerto Ricans By 2-1 Say "Commonwealth" Can't Be Improved - Puerto Rico Report

Florida Puerto Ricans By 2-1 Say "Commonwealth" Can't Be Improved

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Three-fifths of residents of central Florida of Puerto Rican origin accept that Puerto Rico’s current political status — territory, but sometimes misleadingly called “commonwealth” — cannot be improved, according to a recent professional poll.
The number is more than twice as many as want changes in the current status, the status course advocated by the territory’s “commonwealth” party which very narrowly won control of the insular government from the statehood party in 2012.
The 59% who recognized “[t]hat the Federal government has already said that fixing territorial status is impossible” was 31% greater than the 28% who wanted modifications made in a status that they acknowledge is a territory status.
The 59% also agreed in the scientific survey “that statehood is the best solution for Puerto Rico.”
The support for statehood was consistent with responses to other questions.
  • 58% said that the territory should be made a State based on a plebiscite that the Commonwealth government held along with the elections in 2012. In that vote, 54% of Puerto Rican voters rejected territory status and 61.2% chose statehood among the possible alternatives that have significant support in Puerto Rico.
  • Support for statehood in the poll grew to 64% when only alternatives to territory status were considered. A mere 18% chose nationhood in an association with the U.S. that either nation could end. The status was picked by 33.3% of Puerto Ricans in the 2012 insular plebiscite. Independence was favored by eight percent in the poll but by only 4.5% in Puerto Rico’s plebiscite.
  • 81% would be proud if Puerto Rico became a State, 60% “strongly” and 21% “somewhat.” Only 15% would not be proud, nine percent strongly and six percent somewhat.
  • 76% would welcome the Federal government providing for a vote in Puerto Rico on statehood: 53% would “strongly approve;” 23% would “somewhat approve;” and seven percent each would somewhat or strongly disapprove.
Puerto Rico’s statehood party last weekend resolved to seek the admission of the territory as a State of the U.S. based on the 2012 plebiscite.
Party members in the insular Senate this week proposed legislation for an election of U.S. senators and representatives, a method of seeking statehood pioneered by Tennessee and followed by other territories that became States.
Last year, party President Pedro Pierluisi, the Commonwealth’s representative to the Federal government, proposed a bill to enable Puerto Rico to be admitted as a State if Puerto Ricans vote for the status again. As the sole voice of the territory of 3.6 million people in the U.S. House of Representatives, he led 131 other members of the House in sponsoring the legislation. Three U.S. senators led by Martin Heinrich (D-NM) introduced a companion bill.
Puerto Rico Governor Alejandro Garcia Padilla and most of his “commonwealth” party members who control the territorial Legislative Assembly oppose a vote on statehood.
A few party leaders, however, do not. They include Garcia Padilla’s predecessor as party president, former insular House of Representatives Minority Leader Hector Ferrer, who has hinted that he may challenge Garcia for the governorship in 2016.
The “commonwealth” party leadership is united, though, in its refusal to accept the validity of the 2012 plebiscite. It supported the current territory status rejected in the plebiscite and failed in its effort to defeat statehood.
The “commonwealth” party’s refusal to accept the plebiscite’s results led to President Obama proposing and the Congress in January passing legislation for a plebiscite on status options that can resolve the question of the territory’s ultimate status and do not conflict with the Constitution, laws, and policies of the United States.
Puerto Rico’s Elections Commission would make a proposal for the options but the U.S. Department of Justice would have to find that the alternatives meet the requirements of the law. The Justice Department approval would make it awkward for a losing party to dispute the results.
The results of the poll are of national political importance. Florida is a State so closely divided between Democrats and Republicans that it can be a ‘swing’ State in presidential elections. It is so populous that it can also swing the elections one way or another. And voters of Puerto Rican origin are considered by news and political analysts to be the “swing vote” of this swing State.
A highly regarded national survey research company, Voter Consumer Research, conducted the poll. Although the firm only polls for Republicans when it does political surveys, it has been praised for the accuracy of its data by two of the most influential national political analysts not identified with a political party, Charlie Cook and Stuart Rothenberg.
Voter Consumer Research interviewed residents of Florida living in the ‘I-4 corridor,’ which runs from he Orlando area to Tampa, from August 20th to September 4th. Much of Florida’s population of Puerto Rican origin lives in this area. Ninety-two percent of those questioned were registered voters in the State.
The survey has a margin of error of plus or minus 4.9% — an amount that would hardly matter given the lopsided nature of the results.
A new Website, <a href="http://www.pr51st.com" rel="nofollow">www.pr51st.com</a>, released the poll.
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Puerto Rico Sells $900 Million of Short-Term Notes -- Update

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By Dow Jones Business News,  October 10, 2014, 05:37:00 PM EDT
By Aaron Kuriloff
Puerto Rico on Friday sold $900 million of short-term notes bearing interest rates of about 7.75%, its first debt offering since the passage of a law paving the way for a possible restructuring of some of its agencies' obligations.
Among the lenders were J.P. Morgan Chase & Co., Bank of America Corp. and Morgan Stanley, according to a news release issued by the U.S. commonwealth.
The relatively high interest rate reflects concerns that Puerto Rico could run out of cash as its economy struggles. A widely watched index measuring economic activity in August fell to its lowest level in 20 years. In comparison, a bond backing bankrupt Detroit's development authority, which matures in July, traded in recent days at a yield of about 4.25%. Treasury bills maturing in June 2015 yield about 0.05%.
"This transaction will support the Commonwealth's ongoing liquidity as we continue to focus on guiding Puerto Rico on a path to fiscal health and stability," Treasury Secretary Melba Acosta said in the release.
The deal "means Puerto Rico will live another day," said Robert Donahue, managing director at the research firm Municipal Market Advisors. The sale "should allow the government to breathe easy until the end of the fiscal year. The banks will continue to have to monitor the cash burn at the central government level to ensure they can get repaid by next June."
Puerto Rico collects the bulk of its tax receipts in the fourth quarter of its fiscal year, which ends on June 30, Mr. Donahue said. The commonwealth often taps banks for debt financing that is backed by this anticipated tax revenue.
But its financial woes have complicated and raised the costs of what in past years has been a routine annual transaction. For example, these latest notes are subject to New York law, a new protection for the banks, said Shawn O'Leary, senior research analyst at Nuveen Investment Management LLC.
The high interest rate on the Puerto Rico notes shows "how thin the market for Puerto Rico paper is at this point," Mr. O'Leary said.
The sale marks the first time Puerto Rico has borrowed since passing a law in June that allowed some agencies such as the island's power, water and highway authorities to restructure their debts. Those three agencies have almost $20 billion in outstanding debt, according to analysts at Barclays. The law doesn't apply to Puerto Rico's general obligation or sales-tax bonds.
The notes sold Friday are guaranteed by the commonwealth and come due in June, with $700 million carrying an annualized interest rate of 7.75% and another $200 million structured as a revolving line of credit and bearing an interest rate of 7.55% over the London interbank offered rate, or Libor.
The island's Government Development Bank will use the $900 million to buy the same amount of tax- and revenue- anticipation notes from the commonwealth. The bank also will buy another $300 million in notes, as it has in prior years, bringing the total size of the deal to $1.2 billion, according to the release.
In total, Puerto Rico has about $73 billion of debt, which is widely held by mutual funds, hedge funds and individuals. The island needs to tap credit markets again to cover expenses, including more than $1.2 billion in debt service due this year, Mr. Donahue said.
By selling new bonds, Puerto Rico buys itself time to restart the economy, plug its budget deficit and restructure the Puerto Rico Electric Power Authority, which owes about $9 billion.
In March, Puerto Rico tapped public credit markets, borrowing $3.5 billion at an interest rate of 8%. That sale, which was seen as crucial to the new administration of Gov. Alejandro Garcia Padilla, came after major credit-rating firms downgraded Puerto Rico to junk status.
Write to Aaron Kuriloff at <a href="mailto:aaron.kuriloff@wsj.com">aaron.kuriloff@wsj.com</a>
  (END) Dow Jones Newswires
  10-10-141737ET
  Copyright (c) 2014 Dow Jones & Company, Inc.


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American Future Fund Goes to the Islands

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Alejandro Garcia Padilla, governor of Puerto Rico, is under attack by American Future Fund. (GDA via AP Images)
Alejandro Garcia Padilla, governor of Puerto Rico, is under attack by American Future Fund. (GDA via AP Images)
A politically active nonprofit that spent more than $25 million on ads to help Republicans in the 2012 elections has stepped into a messy dispute between the government of Puerto Rico and a bank that claims the commonwealth owes it money — not something that fits neatly with the group’s activities in previous election cycles.
Doral Financial Corp., which has had financial and regulatory woes in recent years, sued the Puerto Rican government in June for voiding a 2012 agreement to pay the company nearly $230 million. The money is due as a tax refund in connection with Doral overstating its earnings from 1998-2005, according to a lawyer for the firm.
In Doral Financial Corp. v. Commonwealth of Puerto Rico, the company demands reinstatement of the agreement, which was signed by the government under the previous governor, Luis Fortuno, a Republican. Administration officials under Democratic Gov. Alejandro Garcia Padilla, who took office in 2012, nullified the contract.
Taking Doral’s side, American Future Fund is sponsoring an ad that goes after Padilla with a sledgehammer and ran in Politico on Thursday and the Wall Street Journal today,  Superimposed on a large photo of the governor are the words “Puerto Rico’s Culture of Corruption.” It goes on to accuse him of running the country in a way that resembles “the rogue governments” of Argentina and Venezuela; turning Puerto Rico into a major transit point in the drug trade; destroying the rights of creditors and pensioners with “an illegal bankruptcy law”; and “trumping up charges against a private bank,” among other misdeeds.
Why does AFF suddenly care about the interests of a bank in a U.S. commonwealth? And why now, since Padilla isn’t even up for re-election until 2016?
The timing question is easiest to answer: The bank’s lawsuit heads to court next week, on Sept. 17. As for motive, that’s less clear. Messages left on AFF’s phone asking whether it was being paid for its involvement on behalf of the bank went unanswered.
But why? A possible answer, Padilla’s allies suggest, is that Doral hired a top Republican lobbying and PR firm, DCI Group, to help make its case earlier this year. DCI is well-known in GOP circles and to AFF, which previously contracted with a fundraising firm run by a former top executive at DCI.
“The links between Doral and AFF have become clear to us,” said Luis Vega Ramos, a member of the Puerto Rico House of Representatives, who accused Doral and its surrogates of “trying to prevail through the dissemination of false information” about the commonwealth. Vega Ramos, who is leading a legislative investigation of the circumstances leading to the original agreement, noted that the previous Treasury Secretary went to work as an executive vice president for Doral shortly after the deal was struck. In addition, he said in an interview, Doral’s claims rest on tax filings later shown to be inaccurate, and if anything the company should have been given a tax credit of a much lesser amount, rather than a reimbursement.
Like many groups in the Koch network, Iowa-based AFF has been far less involved helping federal candidates in this election cycle than in previous years. And the Center to Protect Patient Rights, which doled out hundreds of millions of dollars to those groups, seems to have virtually vanished from the scene. American Commitment, also a Koch-linked group, has also pared back its spending on federal elections, but has been extremely active in fighting proposed FCC rules on net neutrality, which it calls a “full federal takeover” of the Internet.
Both AFF and CPPR were involved in a scheme to funnel funds into two California ballot issue campaigns in 2012; the California Fair Political Practices Commission uncovered the scheme, in which money was passed through several 501(c) groups that don’t have to disclose their donors, and said it was a form of “money laundering.”
AFF is not required to disclose the names of its donors. But IRS documents filed by it and other organizations showed that it received almost all its 2012 funding — 92 percent — from two groups that were hubs of the network of 501(c) organizations closely linked to the conservative billionaire Koch brothers: The Center to Protect Patient Rights provided $49.2 million of AFF’s $67.9 million in income that year, while Freedom Partners Chamber of Commerce gave another $13.6 million.
Whether DCI Group, Doral or anyone related to those companies is helping prop up AFF this year is unknown, and may remain that way. However, AFF has become involved in only three congressional races in the 2014 cycle — two House and one Senate. The group has also spent money to help a Republican candidate for governor in Nebraska.

Puerto Rican Culture and the Fictions of Independence: "Over the past fifty years, Puerto Rican voters have rejected calls for national independence. Yet the rhetoric and iconography of independence have been defining features of Puerto Rican literature and culture."

Jorge Ramos went to the forbidden Puerto Rico -- Fusion

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Fusion’s Jorge Ramos travels to Puerto Rico to explore the island’s culture, food, music and politics. Ramos ventures out and does everything a tourist is warned not to do — he visits the infamous La Perla community, dares to zip line on “the Beast,” and learns all about cooking pork. And when it comes to island politics, he quickly learns that being a territory of the United States is a touchy subject.
Directly below the famous touristy Old San Juan streets in Puerto Rico is La Perla — a community with a tainted reputation of drug trafficking and crime — rarely visited by outsiders. Although he was warned not to go there, Jorge Ramos decided to explore what La Perla has to offer, guided by local artist
Chemi Rosado Seijo
 and community residents.
From the famous “arroz con gandules” to “mofongo” (mashed green plantains with garlic and pork cracklings), the delicious parcha (passion fruit) ice cream sold in street corners– it’s hard to keep a diet. Jorge Ramos takes us through “La Ruta del Lechón,” or the pork highway in the mountains of Guavate, in the town of Cayey, to try traditional Puerto Rican delicacies– including pork intestines “gandinga,” and blood sausage, or “morcilla,” and even the precious “pitorro,” homemade moonshine rum that is a holiday treat.But Jorge then headed to Santurce to 
El Departamento de la Comida
, where owner Tara Rodriguez talked about the nascent locally-sourced, organic food movement shaking up the island. After years in New York City, Tara moved back to Puerto Rico to start her restaurant and work with farmers to offer her customers 
healthy, affordable produce
 that honor culinary traditions.
More: How innovation is bridging the gap between Puerto Ricans in the island and the diaspora

The Heated State

Defining Puerto Rico is not an easy task. It’s a Caribbean island that has somewhat of a “friends with benefits” type of relationship with the United States. Being a U.S. territory can have some perks — but not everyone on the island finds the status to be beneficial. And when Jorge Ramos started asking about it, he learned that talking politics can get heated very quickly there.In front of the Capitol building in San Juan, he spoke to young people who have different points of view when it comes to status: Valerie Rodriguez, from the New Progressive Party; Manuel Natal Albelo from the Popular Democratic Party; and Adrián Gonzalez, part of the Puerto Rican Independence Party.
More: Young Puerto Ricans don’t care about status, we care about opportunityMore: To restore prosperity, Puerto Rico should look to Ireland

JR on PR

Fusion’s Jorge Ramos started his trip to Puerto Rico with a lot of advice, but decided to ignore all of it. Overall, Puerto Rico feels very different from the United States– it feels like an independent nation, with its own language, culture, food and geography. Although people on the island share a passport and a past with the U.S., it’s still very complicated to understand why one nation would want to be part of another. To define Puerto Rico continues to be a difficult task. It’s really up to its people to decide what they really want. But we’ll be back to the enchanted island… because it’s simply too tempting to ignore.
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Puerto Rican Culture and the Fictions of Independence

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The Harriet Beecher Stowe Center and Mark Twain House & Museum present an Author Talk & Book Signing with Maria Acosta Cruz, author of Dream Nation: Puerto Rican Culture and the Fictions of Independence, (Rutgers University Press, 2014), on September 23 at 7 PM at the Stowe Center. Buy the book at the Stowe Museum Store and save 10% (15% savings for Stowe Center members).
Over the past fifty years, Puerto Rican voters have rejected calls for national independence. Yet the rhetoric and iconography of independence have been defining features of Puerto Rican literature and culture.
Bringing together texts from Puerto Rican literature, history, and popular culture, Dream Nation shows how imaginings of national independence have served competing purposes. They have given authority to the island's literary and artistic establishment but have also been a badge of countercultural cool. These ideas have been fueled both by nostalgia for an imagined past and by yearning for a better future. They have fostered local communities on the island, and helped define Puerto Rican identity within U.S. Latino culture.
In clear, accessible prose, Acosta Cruz takes us on a journey from the 1898 annexation of Puerto Rico to the elections of 2012, stopping at many cultural touchstones along the way, from the canonical literature of the Generación del 30 to the rap music of Tego Calderón. Dream Nation thus serves both as a testament to how stories, symbols, and heroes of independence have inspired the Puerto Rican imagination and as an urgent warning about how this culture has become detached from the everyday concerns of the island's people.
For reservations, email info@stowecenter.comThis email address is being protected from spambots. You need JavaScript enabled to view it. call 860-522-9258, ext. 317.
About the Author
Maria Acosta Cruz is an associate professor of Spanish at Clark University. Her work has appeared in the journals Hispanófila, Revista Iberoamericana, Revista de Estudios Hispánicos, and Chasqui Revista de Literatura Latinoamericana.
Born and raised in Cabo Rojo, Puerto Rico, Cruz received a B.A. from the University of Puerto Rico at Mayaguez, and an M.A. and Ph.D. in comparative literature from the State University of New York at Binghamton in 1980 and 1984, respectively. Her main research interests are Caribbean and Latino cultures. She explores issues such as the making and marketability of identities, Puerto Rican cultural history, and national and gender-based stereotypes.
The Harriet Beecher Stowe Center, a museum, program center and research library, is located at 77 Forest Street in Hartford, CT.  The Stowe Center is open year round for tours and programs. The Harriet Beecher Stowe Center uses Stowe's story to inspire commitment to social justice and positive change.
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'The Rise of Sonia Sotomayor,' by Joan Biskupic

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In “Sandra Day O’Connor: How the First Woman on the Supreme Court Became Its Most Influential Justice,” Joan Biskupic tells how President Reagan tapped Sandra Day O’Connor, a little-known state court judge from Arizona with neither experience on the federal bench nor a professional profile traditionally associated with a distinguished legal career. Noted for her pleasingly feminine presentation that set men at ease, she was the right woman at the right time.
Reagan’s White House was also a beachhead for the Federalist Society, a growing movement of conservative lawyers and legal scholars whose mission was to shift the federal courts to the right. Antonin Scalia, one of its ideological generals, rode the Reagan counterrevolution to the Supreme Court with his scorched-earth opposition to the Warren Court legacy. His nomination, reported in Biskupic’s “American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia,” was bolstered by Italian and Catholic constituencies that urged his confirmation, an affair that was surprisingly unanimous given Scalia’s agenda. (But then, no one was going to vote against the first Italian-­American nominee to the Supreme Court.)
In “Breaking In: The Rise of Sonia Sotomayor and the Politics of Justice,” Biskupic tells a similar story about Sotomayor, the first Hispanic Supreme Court justice, but she frames the narrative in such a way that most readers are unlikely to see the parallel. Her treatment is not a biography, she writes, but one that “examines the cultural and political shifts that merged with Sotomayor’s life and led to her appointment.” These shifts — euphemisms for growing demands of Hispanics for a piece of the integrationist pie — provided the political wave upon which Sotomayor’s extraordinary determination crested.
Suffusing the account of “Breaking In” is the constant theme of Sotomayor’s disruption of the status quo — as fueled by personality, politics and affirmative action. A key element is ethnicity or, more specifically, race, which Biskupic tell us is “in part” the reason Sotomayor was appointed to the federal bench. The old-fashioned dynamics of preferential treatment for insiders, ethnic and religious politics, and organized advocacy are all magically swept under the meritocratic rug by Biskupic. Accordingly, “Breaking In” not only elevates the ways that Sotomayor is widely seen as a justice unlike the others, but it also magnifies these differences by erasing the “special doors” that have taken whites and men to the legal heights.
Without question Sotomayor’s unlikely rise to the highest level of the legal profession was made possible by the emergence of policies that opened doors for disadvantaged high achievers like her. The problem with the way in which Biskupic presents Sotomayor’s story is that this rise is contrasted with the ethnic, gender and racial politics at the heart of other appointments. References to Scalia’s Italian heritage, for example, were repeated so often during his confirmation hearings that they became a running joke. And O’Connor’s gender was a selling point that overcame the fact that there were plenty of male nominees more traditionally qualified than she was. By comparison, Sotomayor’s membership on the board of directors of the Puerto Rican Legal Defense and Education Fund set off such a backlash that Sotomayor’s supporters simply distanced her from the organization rather than try to defend it.
Readers may find “Breaking In” a conventionally balanced narrative, but convention in this case fails to fully capture the complex contours of Sotomayor’s life story, or the deeper element of racial politics that exists under its surface. Biskupic reveals but does not address how the intersections of race, gender and class continue to drive skepticism about her competence and performance. Nor does she examine how judicial politics have become ground zero in the struggles to demonize integrationist visions of diversity.
By repeatedly emphasizing the ways Sotomayor has been contrasted with others who have gained access to the pinnacle of legal authority, Biskupic reflects the way notions about ethnicity can blur into notions about race. Thus, Scalia’s and Alito’s Italian ethnicity was celebrated as an enhancing dimension of their belonging, while Sotomayor’s ethnicity is still viewed with skepticism. Biskupic’s attempt to maintain a neutral perspective on this is compromised in the first ­pages of her book. There we learn that Sotomayor’s “barrel-ahead style clashed with the usual order and predictability at the Supreme Court.” Elsewhere, Biskupic cites anonymous complaints about Sotomayor’s temperament and performance both on and off the bench; includes a snarky assessment of her intellectual capacity by an Obama adviser who has since reconsidered the comment; and repeats the subtle accusation of inappropriate judicial activism because of her role in Ricci v. DeStefano, a controversial decision handed down by a panel of the United States Court of Appeals for the Second Circuit.
Ricci was a flash point in Sotomayor’s nomination, and it remains one in “Breaking In.” Biskupic seems to join conservative critics in redefining judicial activism to encompass those decisions that take an interventionist approach to discrimination, whether consistent with precedent or not. The case against Sotomayor and the Ricci decision is blended with the case against disparate-impact law itself — that is, against modest efforts to ensure that tests and other practices represent accurate measurements of an applicant’s ability to do a job. Title VII requires such tests to be scrutinized to assess whether the racial disparities they produce can be justified; in Ricci, the city of New Haven, believing that they could not be, discarded the test for everyone. The Second Circuit, including Sotomayor, upheld the decision as consistent with existing law.
At the time, much of the public sympathy in the case went to the plaintiff, Frank Ricci, a firefighter who testified about his hard work and sacrifice. Presented as a victim of affirmative action (which was not at issue in Ricci), he embodied a narrative that Biskupic apparently continues to endorse, but that devotes too little attention to similar sacrifices made by other firefighters who also studied hard to pass a flawed test. The belief that tests are neutral arbiters of qualification is so widespread that it is often regarded as established fact. Yet Sotomayor’s story — one that is unusual only because the opportunities she received were in such short supply — is an antidote to those who place absolute faith in abstract exercises rather than in a proven ability to do a job.
The book does capture Sotomayor’s remarkable up-by-the-bootstraps perform­ance that propelled her to the front of the competition. And it is her own story as a vision for affirmative action that Sotomayor offers as Exhibit A. “I am the perfect affirmative action baby,” she has declared. Other affirmative action babies have not been so willing to acknowledge the role that these policies have played in providing them with the educational and professional opportunities to compete, while still others have famously repudiated the policies — although not the positions they garnered along the way. At the same time, one sees in Sotomayor’s story a classic “intersectional” trap: Her robust questioning of the lawyers in oral argument might be read against the racially infused cloud of intellectual deficit, but instead she has been criticized in terms that seem obviously sexist.
That anyone can walk this walk under the scrutiny Sotomayor bears — as a Puerto Rican, as a woman and as a moderate constitutional thinker — is the real story here. Whatever her elixir, it should be bottled and sold.

BREAKING IN
The Rise of Sonia Sotomayor
By Joan Biskupic
Illustrated. 274 pp. Sarah Crichton Books/Farrar, Straus & Giroux. $26.
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FBI — Former Puerto Rico Officer and Civilian Plead Guilty in July 2012 Robbery in Puerto Rico

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WASHINGTON—A former Police of Puerto Rico (POPR) sergeant and a civilian have pleaded guilty for their involvement in a July 2012 robbery in Bayamon, Puerto Rico, and an additional POPR officer has pleaded guilty to lying to federal agents, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Rosa Emilia Rodríguez-Vélez of the District of Puerto Rico.
Jorge Fernandez-Aviles, 49, a POPR sergeant, pleaded guilty today to robbery and firearms charges for his role in a July 2012 robbery in Bayamon, Puerto Rico. On Oct. 3, 2014, David Figueroa, 32, a civilian, pleaded guilty to robbery and civil rights charges for his involvement in the robbery. Alexander Mir-Hernandez, 40, a POPR officer, also pleaded guilty on Oct. 3, 2014, to one count of false statements for lying to federal agents about his role in the July 2012 robbery and to a civil rights crime for an unrelated December 2013 robbery. Sentencing for all three is scheduled for Jan. 9, 2015.
Pedro Lopez-Torres, 35, and Luis Ramos-Figueroa, 38, were each POPR officers and were charged by information on June 25, 2014, for their roles in the July 2012 robbery and other crimes. Lopez and Torres pleaded guilty before U.S. District Judge José A. Fusté the same day. Fernando Reyes-Rojas, a civilian, has been indicted for robbery, drug, and firearms charges for his involvement in the July 2012 robbery. Reyes-Rojas is scheduled for trial on Nov. 3, 2014.
According to court documents, on July 14, 2012, Sergeant Fernandez-Aviles and Officers Lopez-Torres and Ramos-Figueroa, armed with their POPR weapons, went with Figueroa, Ramos-Figueroa’s cousin, to the airport, where they picked up a marked patrol car from Officer Mir before a planned home robbery. They drove the patrol car to meet Reyes-Rojas and then went together to the location of the robbery.
Upon entering the house, the officers identified themselves as police, falsely claimed they were executing a search warrant, and ordered several individuals in the garage to the ground and searched for weapons. While Figueroa watched the occupants, Sergeant Fernandez, Officer Lopez-Torres, Officer Ramos-Figueroa, and Reyes-Rojas searched the property, and Reyes-Rojas found cocaine in a shed in the backyard. A few days later, Reyes-Rojas met with Lopez-Torres and gave him money from the proceeds of the sale of the cocaine he took on the day of the robbery. Officer Lopez-Torres split the money with Sergeant Fernandez-Aviles and Officer Ramos-Figueroa.
In June 2014, Officer Mir was interviewed by Special Agents of the Federal Bureau of Investigation and falsely claimed that he did not recognize a photograph of Officer Lopez-Torres; that he had not met with Officer Lopez-Torres in more than six months; and that he did not provide the patrol car that was used to commit the July 2012 robbery.
An indictment is merely an allegation, and a defendant is presumed innocent unless and until proven guilty.
This case was investigated by the FBI’s San Juan Division and is being prosecuted by Trial Attorney Heidi Boutros Gesch of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Mariana Bauza of the District of Puerto Rico.
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Doral Rises After $229 Million Puerto Rico Tax Refund Win

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Doral Financial Corp. (DRL:US), the holding company for Puerto Rico’s second-largest lender, rose as much as 50 percent in after-hours trading following a San Juan judge’s ruling that it’s entitled to a $229.9 million tax refund.
The Puerto Rico Department of Treasury (0111961D:US) will be required to refund the full amount over five years under the ruling yesterday by Superior Court Judge Laureana Perez Perez.
Doral hasn’t posted an annual profit (DRL:US) since 2005 and has been under pressure to collect the tax refund that the firm said was due under a 2012 agreement.
The bank sued the Treasury when settlement talks over the refund broke down this summer. San Juan-based Doral claimed the government reneged on a promise to return the overcharge.
The tax dispute arose amid a slowdown in Puerto Rico’s economy, which has struggled to expand since 2006, and financial difficulties for both for the island’s government and the San Juan-based lender. Puerto Rico’s credit rankings were dropped to speculative grade in February by the three largest credit-rating companies as concerns rose over whether the U.S. commonwealth and its agencies will be able to repay their combined $73 billion in debt.
Perez said she couldn’t consider the condition of the economy in deciding the case. The Treasury didn’t prove Doral had misrepresented or falsified facts related to an agreement in the tax dispute, according to the judge.

Appeal Vowed

Puerto Rico Treasury Secretary Melba Acosta Febo vowed to appeal the decision.
“We respectfully disagree with the court’s ruling in this matter, which is inconsistent with the Internal Revenue Code, applicable laws and regulations,” she said in a statement.
Doral fell 24 percent on Oct. 1 when it disclosed in a regulatory filing that the Federal Deposit Insurance Corp. had downgraded it to “significantly undercapitalized.” The bank must “immediately” increase capital to the minimums required in a 2012 consent order or submit a contingency plan for the sale, merger or liquidation of the bank, according to that filing.
“The court carefully listened to all the evidence and has ruled definitively that Doral’s tax agreement is valid and effective,” the company’s chief legal counsel, Matthew McGill, said yesterday in a statement. “It’s a great day not just for Doral but also for the rule of law in Puerto Rico.”
The refund stems from the company’s overstatement of earnings from 1998 to 2005, an attorney for Doral said in June.

Earnings Restated

Doral announced in September 2005 that it would restate earnings before taxes as of the end of 2004. The following year, it agreed to pay a $25 million fine to settle an investigation by the U.S. Securities and Exchange Commission into whether it had overstated earnings from 2000 to 2004. The company didn’t admit or deny regulators’ allegations in the settlement, the SEC said at the time.
The excess tax payment on the overstated earnings was memorialized in an agreement that Doral alleges the treasury department wrongfully voided. In its lawsuit, Doral said that the agency’s actions were “unlawful and beyond its authority.”
The Puerto Rican government maintained that it didn’t owe the money. In May, the Federal Reserve Bank of New York told Doral to write off the refund as a loss on its balance sheet (DRL:US) after Puerto Rico’s Treasury ruled that the company wasn’t entitled to payment.
The case is Doral Financial Corp. v. Commonwealth of Puerto Rico, KAC2014-0533, Civil Court of First Instance, San Juan Superior Division.
To contact the reporter on this story: Phil Milford in Wilmington, Delaware at pmilford@bloomberg.net; Alexander Lopez in Civil Court of First Instance in San Juan
To contact the editors responsible for this story: Michael Hytha at <a href="mailto:mhytha@bloomberg.net">mhytha@bloomberg.net</a> Andrew Dunn
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Caribbean Business - Page2RSS

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Válido el millonario reintegro a Doral

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La jueza Laureana Pérez Pérez indicó esta tarde que el acuerdo contributivo suscrito entre Doral Financial Corp.(NYSE:DRL) y el Departamento de Hacienda hace dos años, y que le concedió al banco un reintegro de $229 millones, es válido.
“Básicamente, Doral decidió litigar esto en los tribunales, frente a un tercero imparcial y siempre evadimos la tentación de litigar esto en los medios”, dijo a El Nuevo Día el abogado de Doral, Ramón Rosario. “Hoy tenemos una decisión de un tribunal, dando la razón a Doral como expusimos desde el principio”.
En una decisión de 48 páginas, la jueza Pérez Pérez dio con lugar el pedido de sentencia declaratoria que la institución financiera radicó contra Hacienda el pasado 5 de junio, indicando que el Estado “no probó el falseamiento de hechos pertinentes, según requerido por el Código de Rentas Internas”. La jueza agregó que tras analizar la prueba, “la intención evidente” de Hacienda fue conceder el millonario reintegro.
La decisión de la jueza Pérez Pérez tiene el efecto de dejar en vigor el acuerdo suscrito el 26 de marzo de 2012, en el cual, Hacienda se comprometió a que Doral continuara amortizando unos $766 millones en activos contributivos o en su lugar recibir un reintegro de $229 millones, pagadero a plazos en cinco años o de manera indefinida.
“La doctrina de justiciabilidad nos impide entrar a considerar si los funcionarios de Hacienda allá para el 2012 tomaron una decisión favorable a los intereses del Estado. Dicho asunto no está ante nuestra consideración”, indicó la jueza Pérez Pérez al subrayar que el Tribunal solo estaba obligado a evaluar “solamente” si conforme a la prueba estipulada y la prueba desfilada en la vista, medió un falseamiento de hechos, según la preponderancia de la prueba.
“Nos toca ahora unir esfuerzos con el gobierno para ayudar a la economía y al pueblo de Puerto Rico”, dijo Rosario.
Por su parte, el asesor legal principal de Doral en la disputa, Mathew D. McGill, dijo sentirse “profundamente complacido” con la decisión del tribunal. 
“El tribunal consideró cuidadosamente toda la evidencia y ha determinado de manera definitiva que el acuerdo contributivo de Doral es válido y está en vigor. Es un gran día no solo para Doral sino para el sistema de ley en Puerto Rico. Doral está en la mejor disposición de dejar atrás este litigio y seguir adelante sirviendo al Pueblo de Puerto Rico”, indicó.
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Governor Appoints interim manager for the National Guard

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By <a href="http://Primerahora.com" rel="nofollow">Primerahora.com</a> 10/10/2014 | 7:49 pm
The Colonel Carcaña was appointed by Governor Marta Alejandro García Padilla on an interim basis to lead the National Guard, following the resignation of Adjutant General Juan Medina Lamela, Fortress Reported by press release.
Carcaña, who Currently Serves as director of the Joint Staff, will assume the Duties of the Adjutant General to the Governor so directs, reads the letter.
Among His Duties was to supervise intelligence division, directorate of logistics, human resources, communications and community relations.
Lamela Medina resigned yesterday, Thursday the post of adjutant after Meeting with General Secretary of the Interior, Victor Suarez
His departure came after El Nuevo Dia published in Thursday edition ITS HAD That no longer the confidence of the governor for several administrative decisions it has made over the past year and Their complaints about the budget.
Medina Lamela Argued in a presentation to the Finance Committee in the House of Representatives Because Of The Office of Management and Budget (OMB), the National Guard lost $ 3.3 million in federal funds for failing to address with urgency the approval of several contracts.
But the director of OMB, Carlos Rivas D. Quiñones, I stepped out to His statements asserting That Other Contracts Were handled, while it NOTED for having executed Between 15 and 19 May Increases retroactive to May 1, even though, According to Rivas Quinones since February is a specific rather than general guideline That Increases Awarded collective.