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xtruss · 5 years ago

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WTF?

Name Changed From Poly to Tandon! Greedy Poly Management “SOLD THE SOUL” of Polytechnic University for $100 Million Gift to NYU School of Engineering from Randians (Chandrika and Ranjan Tandon)

— Oct 5, 2015

Chandrika and Ranjan Tandon

NYU President John Sexton and Katepalli R. Sreenivasan, dean of the School of Engineering, today announced a $100 million gift from Chandrika and Ranjan Tandon for engineering at NYU. The gift — which will principally support faculty hiring and academic programs — is intended to build on the engineering school’s existing practice of cross-disciplinary innovation and entrepreneurship and achieve new levels of academic excellence in engineering.

The school will be re-named the NYU Tandon School of Engineering in recognition of the Tandons’ generosity and their belief in the school’s mission and promise. The University has agreed to a challenge from the donors to raise an additional, separate $50 million, which will be principally focused on scholarship aid.

Chandrika Tandon is a member of the Board of Overseers of NYU’s business school, a member of the NYU Board of Trustees, and leads the NYU President’s Global Council. A former partner at McKinsey and Company, she is chair of Tandon Capital Associates, a financial advisory firm she founded in 1992. She also is a Grammy-nominated musician, with an album, Soul Call, nominated for Best Contemporary World Music in 2011. Her husband, Ranjan Tandon, is an engineer by training and a graduate of the Harvard Business School. He is founder and chair of Libra Advisors, a hedge fund he founded in 1990 that is now a family office.

The Tandons’ donation is believed to be the largest philanthropic gift by a member of the Indian-American community.

Engineering was only recently restored to NYU after a 40-year absence when NYU merged with Polytechnic University in 2014. Since affiliating, the University has invested approximately $100 million in engineering, with improvements in facilities, faculty hiring, admissions, and fundraising, and has also established the related Center for Urban Science and Progress (CUSP). This gift will accelerate the School of Engineering’s academic advancement, enabling it to develop new areas of strength in engineering and to hire additional faculty.

Ms. Tandon said, “We feel privileged to be able to participate in the transformation that is happening at NYU and at the School of Engineering. As a Trustee of NYU, I have had a front row seat to the energy and excitement of the Global Network University and the scale of possibility it presents.

“Getting to know the engineering school was truly electrifying. The imagination and inventiveness of the students and faculty as they worked together on real world problems; the cutting- edge work being done both within the school and collaboratively across schools in such diverse areas like the arts, medicine, education, incubators; the entrepreneurial spirit that pervades the place — all this inspired us so. We truly believe that these students with the benefit of NYU’s global vision will make the world a better place.

“We also deeply respect the school’s extraordinary history and are honored to have a part in moving it forward with the visionary leadership team at the school and at the University.

“More broadly, Ranjan and I are great believers in STEM education, in the applied sciences, and in the analytic and creative disciplines that such an education develops. And we want to give back to the city that has given us so much. Our hope is that this gift will bring many more of us together to reinvent engineering, advance New York’s efforts to become a science and tech capital, and foster the talents of young innovators, applied scientists, and entrepreneurs. We believe this is just the beginning.”

Dr. Sexton said, “As an institution, NYU is good at many things. One is taking a program or a school or even an entire university to the next level of excellence. We often see the promise of greatness where others fail to see it; and, when we do, we act on it. That is the outlook that Chandrika and Ranjan Tandon have too. They understand how dynamic our School of Engineering is and how their gift can accelerate its magnificent trajectory. This will transform engineering at NYU and will have an impact that will reach far beyond its students and faculty, beyond even NYU. It will boost New York City’s — and especially Brooklyn’s — growing tech sector and, most of all, it will yield generations of innovators who, connected to NYU’s global network, will solve pressing and challenging problems throughout the world. I am immensely grateful to Chandrika and Ranjan.”

NYU Board of Trustees Chair Martin Lipton said, “On behalf of the NYU community, let me express my and our enormous gratitude to Chandrika and Ranjan Tandon. For many reasons I treasure my personal relationship and friendship with Chandrika and Ranjan. In addition, Chandrika stands out among the trustees not just for her extraordinary generosity, and not just for the conviction she so clearly demonstrates in the School of Engineering’s bright future, but also for her selfless involvement with the University community. Seldom have I seen someone who relishes her role as a Trustee more and who takes her responsibilities as seriously. Chandrika has been an enormous help to me in dealing with a number of the most important issues the Board has faced. As I look back over many decades of association with NYU, few developments will bring me as much satisfaction as restoring engineering to the University. And that’s why I am especially gratified by the Tandons’ wonderful gift: because it will help propel engineering at NYU so far. It is only fitting that the school will bear the name of people who are so visionary.”

William Berkley, Chair-designate of the NYU Board of Trustees, said, “This is an extraordinary gift, one that will ensure that engineering will be a center of excellence and a continuing source of vitality and entrepreneurial spirit for NYU as a whole. Though this gift is striking for its generosity, it is not Chandrika and Ranjan’s first gift to NYU, but it is emblematic of how their giving is special in three important ways: they make gifts that are entrepreneurial and cross-disciplinary and that they know will have an impact; their giving goes to great ideas, not just to institutions to which they have longstanding ties; and their gifts are indicative of the commitment they show to NYU in so many, many ways. The School of Engineering, the Board of Trustees, and the entire NYU community will always be grateful to them for their enormous generosity.”

“The Tandons' extraordinary act of generosity is remarkable not only because of the size of the gift, but also because it recognizes the importance of a school with which they had no prior affiliation,” said Dean Sreenivasan. “Engineering is at the core of so many aspects of our lives, and the Tandons' generosity will heighten our school’s already significant transformative role in the economy, medical advances, communications, and applied sciences. It is clear that the School is poised for higher levels of excellence. As a fellow native of India, I am deeply moved that the Tandons have chosen to support our path to academic excellence in this way and hope that their gift will inspire other successful Indians wherever they have chosen to live, to engage in large-scale philanthropy.”

Andrew Hamilton, NYU’s President-designate, said, “As a chemist, I understand full well the important role that engineering and applied sciences play in the university environment. I am absolutely delighted by this enormously generous gift, and, as I step into the presidency of NYU, I look forward to working closely with the Tandons in the years to come to fulfill their gift’s great promise for advancing engineering at NYU.”

Strengthening the School of Engineering

Funds from the gift will be used to:

• further enhance programs for which NYU engineering is already nationally recognized, including wireless, cybersecurity, and digital education and gaming

• boost other programs, including bio-engineering, digital media, urban issues, and materials

• enhance interdisciplinary programs such as financial engineering, technology management and innovation, and entrepreneurship in important areas such as clean energy, and

• hire new faculty, among other goals

Since affiliating with NYU in 2008, the School of Engineering (formerly the independent Polytechnic University) has seen significant improvements, including:

• Admissions: applicants for freshman admission have nearly tripled. Applicants, who were predominantly from the New York region previously, now come from 53 countries and 45 states.

• Fundraising: annual fundraising has increased by over 250% (exclusive of the Tandon gift)

• Investment and new space: NYU has invested approximately $100 million in engineering and added over 200,000 sq. ft. of new space

• New programs: New programs that include bio-engineering, in collaboration with NYU’s College of Dentistry and School of Medicine; the GovLab, which uses technology to democratize government decision making; the Center for Interdisciplinary Studies in Security and Privacy, which aligns engineering with psychology, law, and business; NYU Wireless, which works across fields to create the next generation of cellular communication, including the 5G spectrum; NYU MAGNET, the media and games network research and teaching center; and the NY State Resilience Institute for Storms & Preparedness, created to help prepare for and respond to extreme weather.

About the NYU Tandon School of Engineering

The NYU Tandon School of Engineering dates to 1854, when the NYU School of Civil Engineering and Architecture as well as the Brooklyn Collegiate and Polytechnic Institute (Widely Known as Brooklyn Poly) were founded. Their successor institutions merged in January 2014 to create a comprehensive school of education and research in engineering and applied sciences, rooted in a tradition of invention, innovation, and entrepreneurship.

The school has 2,264 undergraduates and 2,738 graduate students, and 180 full-time faculty within 10 academic departments.

In addition to programs at its main campus in downtown Brooklyn, it is closely connected to engineering programs in NYU Abu Dhabi and NYU Shanghai, it operates business incubators in downtown Manhattan and Brooklyn, it houses a robust K-12 STEM Education Center, and it thrives on interdisciplinary programs jointly with the rest of NYU.

Press Contact: John Beckman | (212) 998-6848

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neptunecreek · 5 years ago

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Tech Learning Collective: A Grassroots Technology School Case Study

Grassroots education is important for making sure advanced technical knowledge is accessible to communities who may otherwise be blocked or pushed out of the field. By sharing this invaluable knowledge and skills, local groups can address and dissolve these barriers to organizers hoping to step up their cybersecurity.

The Electronic Frontier Alliance (EFA) is a network of community-based groups across the U.S. dedicated to advocacy and community education at the intersection of the EFA’s five guiding principles: privacy, free expression, access to knowledge, creativity, and security. Tech Learning Collective, a radical queer and femme operated group headquartered in New York City, sets itself apart as an apprenticeship-based technology school that integrates their workshops into a curriculum for radical organizers. Their classes range from fundamental computer literacy to hacking techniques and aim to serve students from historically marginalized groups.

We corresponded with the collective over email to discuss the history and strategy of the group's ambitious work, as well as how the group has continued to engage their community amid the COVID-19 health crisis. Here are excerpts from our conversation:

What inspired you all to start the Tech Learning Collective? How has the group changed over time?

In 2016, a group of anarchist and autonomist radicals met in Brooklyn, NY, to seek out methods of mutual self-education around technology. Many of us did not have backgrounds in computer technology. What we did have was a background in justice movement organizing at one point or another, whether at the WTO protests before the turn of the century, supporting whistleblowers such as Chelsea Manning, participating in Occupy Wall Street, or in various other campaigns.

This first version of Tech Learning Collective met regularly for about a year as a semi-private mutual-education project. It succeeded in sowing the seeds of what would later become several additional justice-oriented technology groups. None of the members were formally trained or have ever held computer science degrees. Many of the traditional techniques and environments offering technology education felt alienating to us.

So, after a (surprisingly short!) period of mutual self-education, we began offering free workshops and classes on computer technologies specifically for Left-leaning politically engaged individuals and groups. Our goal was to advocate for more effective use of these technologies in our movement organizing.

We quickly learned that courses needed to cater to people with skill levels ranging from self-identified “beginners” to very experienced technologists, and that our efforts needed to be self-sustaining. Partly, this was because many of our comrades had sworn off technical self-sufficiency as a legitimate avenue for liberation in a misguided but understandable reaction to the poisonous prevalence of machismo, knowledge grandstanding, and blatant sociopathy they saw exhibited by the overwhelming majority of “techies.” It was obvious that our trainers needed to exemplify a totally new culture to show them that cyber power, not just computer literacy, was a capability worth investing their time in for the sake of the movement.

Tech Learning Collective’s singular overarching goal is to provide its students with the knowledge and abilities to liberate their communities from corporate and government overseers, especially as it relates to owning and operating their own information and communications infrastructures, which we view as a necessary prerequisite for meaningful revolutionary actions. Using these skills, our students assist in the organization of activist work like abortion access and reproductive rights, anti-surveillance organizing, and other efforts that help build collective power beyond mere voter representation.

Who is your target audience?

Anyone who is serious about gaining the skills, knowledge, and power they need to materially improve the lives of their community, neighbors, and friends and who also shares our pro-social values is welcome at our workshops and events.

Importantly, this means that self-described “beginners” are just as welcome at our events as very experienced technologists, and we begin both our materials and our methodology at the actual beginning of computer foundations...

We know what it's like to wade into the world of digital security as a novice because we've all done it at one point or another. We felt confounded or overwhelmed by the vast amount of information suddenly thrown at us. Worse, much of this information purported to be “for beginners”, making us feel even worse about our apparent inability to understand it. “Are we just stupid?”, we often asked ourselves.

You are not stupid. [...] We insist that you can understand this stuff.

The TLC is incredibly active, with an impressive 15 events planned for June. How does your group share this workload and avoid burnout among collective members?

There are three primary techniques we use to do this. These will be familiar to anyone who has ever worked in an office or held a position in management. They are automation, separation of concerns, and partnerships. After all, just because we are anti-capitalist does not mean we ignore the obviously effective tools and techniques we have at our disposal for realizing our goals.

The first pillar, automation, is really what we are all about. It's what almost all of our classes teach in one form or another. In a Tech Learning Collective class, you will often hear the phrase, “If you ever do one thing on a computer twice, you've made a mistake the second time.” This is a reminder that computers were built for automation. That's what they're for. So, almost every component of Tech Learning Collective's day-to-day operations is automated. [...] The only time a human needs to be involved is when another human wants to talk to us. Otherwise, the emails you're getting from us were written many months ago and are being generated by scripts and templates.

Without that we would need to at least double if not triple or quadruple the number of people who could devote many hours to managing the logistics of making sure events happen. But that's boring, tedious, repetitive work, and that's what computers are for.

Secondly, separation of concerns: this is both a management and a security technique. In InfoSec, we call this the compartmentalization principle. You might be familiar with it as “need to know,” and it states that only the people who need to be concerned with a certain thing should have to spend any brainpower on it in the first place, or indeed have any access to it at all. This means that when one of our teachers wants to host a workshop, they don't need to involve anyone else in the collective. They are autonomous, free to act however they wish within the limits of their role. This makes it possible for our collective members to dip in and out whenever they need to, thus avoiding burnout while increasing quality. If one of us has to step away for a while, the collective can still function smoothly.

Finally, partnerships allow us to do things we could not do on our own. This also helps distribute the overarching workload, like creating practice labs or writing educational materials for new workshops. We work extremely closely with a number of other groups [since] our core collective members straddle several other activist and educational collectives.

At the time of writing, we are in the middle of the COVID-19 health crisis. Many groups are struggling with shelter-in-place, but fortunately TLC seems to have adapted very well. What are some strategies you are employing to continue your work?

This is almost an unfair question, because the nature of what we do at Tech Learning Collective lends itself well to the current crises.

The biggest change that the COVID-19 pandemic has forced us to adapt to is the shuttering of our usual venues for in-person workshops. Fortunately, we were already ramping up our online and distance learning options even before the pandemic. So we simply put that into high gear. The easily automatable nature of handling logistics for online events also made it possible to do many more of them, which is one reason you're seeing so much more activity from us these days.

In certain ways, for many in our collective, this "new normal" is actually a rather dated 90's-era cyberpunk dystopia that we've been experiencing for many, many years. In that sense, we're happy that you don't have to enter this reality alone and defenseless. We kinda’ built Tech Learning Collective for exactly this scenario. We want to help you thrive here.

Finally, what does the future look like for TLC?

We're not sure! When we started TLC, we never thought it would end up becoming an online, international, radical political hacker school. In just the last two months since we've been forced to become a wholly virtual organization, we've held classes with students from Japan, Italy, New Zealand, the UK, Mexico, and beyond, as well as many parts of the United States of course. Many of them are now repeat participants working their way through our entire curriculum, which is the best compliment we could have asked for. We hope they'll stick around to join our growing alumni community after that. We're also (slowly) expanding our “staff” outside of New York City, which isn't something we thought would happen for many years, if at all.

But right now, we're primarily focused on moving the rest of our in-person curriculum online and creating new online workshops. Many of the workshops unveiled this month or planned for next month are new, like our workshops on writing shell scripts, exploiting Web applications, auditing firewalls and other network perimeter defenses, and an exciting "spellwork" workshop to learn about the "spirits" that live on in the magical place inside every computer called the Command Line. So in the near future, expect to see more workshops like these, as well as more of our self-paced “Foundations” learning modules that you can try out anytime for free right in your Web browser from our Web site.

After that? Well, some say another world is possible. We're hackers. Hacking is about showing people what's possible, especially if they insist it could never happen.

Our thanks to Tech Learning Collective for their continued efforts to bring an empowering technology education to marginalized peoples in New York City and, increasingly, around the world. You can find and support other Electronic Frontier Alliance affiliated groups near you by visiting eff.org/fight.

If you are interested in holding workshops for your community, you can find freely available workshop materials at the EFF’s Security Education Companion and security guides from our Surveillance Self-Defence project. Of course, you can also connect to similar groups by joining the Electronic Frontier Alliance.

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nypaenergy · 5 years ago

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Congratulations to the NYPA Winners of this year’s EPRI Technology Transfer Awards!

Research Focuses on Electrification, Transmission Structures and Climate Risk Assessments

Four New York Power Authority (NYPA) employees have been selected to receive prestigious Technology Transfer Awards from the Electric Power Research Institute (EPRI) for their achievements in collaborative research and development (R&D) projects.

Presented annually, EPRI’s Technology Transfer Awards recognize industry leaders who help transform research into results that can improve the efficiency of power plants, strengthen transmission and distribution equipment, improve cybersecurity, and enhance overall electrification.

“This prestigious recognition from EPRI gives even greater credence to NYPA’s long-term commitment to the transformation of the energy industry,” said Gil C. Quiniones, NYPA’s President and CEO.

Power Delivery & Utilization Sector

Michael Fuchs will receive a Technology Transfer Award for his research exploring the impact of cellular antenna attachments on overhead transmission line structures. His work verified that corrosion rates on such structures increased due to the attachment and operation of cellular antennae.

Michael will also receive an award for exploring a fleet management approach to structure and foundation corrosion management of steel poles. A series of field surveys gathering structure data, site data, and soil samples, combined with lab characterization, provided an understanding of the environment and structure conditions and how they may impact the performance of steel poles. This new information allows engineers to model the degradation rate of steel or copper components and structures.

Doug McMahon will receive a Technology Transfer Award for his support of the Electrification 2019 Regional Symposium in Brooklyn. The two-day event brought together a diverse collaboration of R&D practitioners, policymakers, businesses, startups, academia, and other stakeholders, to explore the benefits and costs of electrification within the lens of sustainability and decarbonization.

Both Fuchs and McMahon were recognized during the EPRI Power Delivery and Utilization winter advisory meetings on Feb. 11 in Dallas, Texas.

Energy & Environment Sector

Alan Ettlinger will receive a Technology Transfer Award for electrification scenarios for New York's energy future. Due to his vision, a New York State version of EPRI’s Regional Economy, Greenhouse Gas, and Energy Model (NY-REGEN) will help New York utilities develop strategic insights on the potential for electrification across the state. Projections allow New York State stakeholders to explore the implications of electrification on system operations, economy-wide CO2 emissions, and investment needs related to enabling energy supply and demand infrastructure in the context of state clean energy policy goals.

Kerry-Jane King will receive a Technology Transfer Award for integrating technical analyses of climate-related science into company climate risk assessment, planning, greenhouse gas goal setting, and outreach. Due to her vision and leadership, a technical foundation to inform company decision-making and stakeholder discussions regarding climate risk assessment and greenhouse gas emissions goal setting was developed.

“The 2019 Technology Transfer Award recipients lead by example, elevating the societal value of EPRI’s collaborative R&D by deploying advanced energy technologies across the power industry,” said EPRI President Arshad Mansoor. “Their contributions are essential to transforming electricity generation, delivery, and use for the benefit of energy customers around the world.”

Michael, Doug, Alan and Kerry-Jane were recognized during the EPRI Energy and Environment winter advisory meetings on Feb. 25 in Atlanta, GA. Congratulations to all four!

#NYPA #EPRI #technology #innovation #Utilities #research

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kennethherrerablog · 6 years ago

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These 5 Tips Can Help You Snag a Job in Another State Before You Relocate

Tyler Hoyt used to dream of moving to Los Angeles.

âI always wanted to come out here,â says the 25-year-old software developer. âI felt at the time I had the skill set to compete with the people out here, so I kind of went for it.â

Earlier this year, he had enough of working his cybersecurity gig in Tampa, Florida, and started aggressively applying to openings in L.A. After about a month of searching, he received an offer for a six-month contract position with a tech company. He seized the opportunity and has been living in Los Angeles since October. Â

For some people, the idea of packing up the car and heading to their dream city without a job lined up sounds like an adventure. But for others, including Hoyt, the idea of not having work lined up to pay the bills is crazy. âI have two dogs and my fiancÃ©e,â Hoyt says. âIt took a lot of planning to find a house with a yard and make sure we werenât going to be homeless within a month after getting here.â

If youâre ready to move to your dream city but have no idea how to get a job out of state, here are five tips to help your search.

Consider Getting a LinkedIn Premium Account

Hoyt says one reason he found a job so quickly was he decided to go all in with a LinkedIn Premium account.

LinkedIn Premium is one of the top-tier versions of the business-focused social media platform. This monthly subscription service allows job seekers to contact hiring managers directly and see how they compare to the competition.

After filling out an application and submitting a resume online, he went on LinkedIn to find the companyâs recruiter, then sent an InMail message that was half introduction, half cover letter, to put himself on the recruiterâs radar.

LinkedIn Premium is free for the first 30 days, then costs $30 per month. âItâs not cheap, but Iâd say itâs well worth the money if youâre actively searching,â he says. Â

Donât Lie About Your Location

When updating your resume, it can be tempting to put âNew York, NY,â âSeattle, WAâ or whichever dream city in your header. But that strategy can be risky.

Helen Godfrey, a career counselor with The Authentic Path, advises cross-country job seekers to be transparent about where they are and list their current location on their resumes. It may sound like a good idea to use the address of a friend or family member who lives in your desired town, but that might lead to false expectations. For example, you might not be able to quickly come in for an in-person interview because you live on the opposite side of the U.S.

âYou donât want that to be your first impression because it comes across as sneaky,â Godfrey says. âIf youâre sneaky about that, youâre probably sneaky about other things. You get hired because people like you and trust you. âThe trust part is on the line if you do that.â

Ease the Recruiterâs Fears

Dana Leavy-Detrick, founder of the Brooklyn Resume Studio, tells long-distance job seekers their main focus needs to be putting the company recruiterâs mind at ease.

The most significant thing on the minds of the HR department will be the transition, she says. Filling job vacancies can take a long time, and the last thing they want is for it to drag on longer than needed.

âYou know part of the draw hiring a local candidate is the fact that they could probably transition very quickly,â she says. âSo you have to keep that in mind, too, and try to shorten that timeline as much as you can.â

Your cover letter is an excellent way to express this. Leavy-Detrick encourages people to use phrases such as âIâm actively relocating to the New York City area,â or âIâm ready to interview immediately.â Any details that highlight that youâre treating this job opportunity as a top priority will look good in the eyes of the recruiter.

âThey are taking a big risk by interviewing somebody whoâs an out-of-state candidate, she says, âso give as many specifics as you can give them up-front. Itâs going to increase the chances that they might consider you along with local candidates.â

Focus on the Job, Not the Location in the Cover Letter

Living in New York City might be your dream, but that means little to a recruiter.

Back in 2000, Godfrey was in San Diego looking for jobs after finishing grad school. During her search, she found a career counseling position at Florida International University in Miami. In her cover letter, she didnât write about sandy beaches or warm weather; her focal point was on why sheâd be an excellent fit for the role.

âThatâs really your mission to show [during the screening process] that youâre going to be a great employee,â she says. But if there is a specific purpose to your relocation, such as being closer to family, then itâs okay to include it.

âIf there is a reason, that might be helpful for them to understand that youâre not going to get there, be here a couple of months and decide you donât like [the job],â she says. âThereâs some compelling reason that you want to be there.â

Canât Fly Out for Interviews? Try Video Chat

If all goes well during the preliminary phone calls, the next step will be the in-person interview. Â Of course thatâs going to be more of a challenge when the parties are on opposite sides of the country.

âThe more senior, the more niche the role, thereâs more of a likelihood theyâll fly you out,â says Leavy-Detrick. âBut if thereâs more competition, likely that responsibility is going to fall on you.â

When Hoyt was applying for jobs in L.A., he recalls, if a company wanted him to pay for his own airfare and hotel, he turned them down. âIâm not going to pay for a plane ticket on a weekâs notice for a job I might not get,â he says.

One alternative to the high cost of a plane ticket is setting up a video meeting on apps like Skype or Google Hangouts. Hoyt says a lot of companies are flexible and open to conducting interviews this way. Â

He recalls doing multiple Skype interviews from his car during lunch breaks because it was the only place he could get privacy while working for his previous employer. Although not ideal, he figured it showed that he was willing to go the extra mile to land a job in his dream city.

âYeah, itâs not as good as face-to-face [interviews], but being able to visually see the body language at least from the chest up is much better than a phone call,â he says.

Matt Reinstetle is a staff writer at The Penny Hoarder. He covers career advice and side gigs. If you have a topic youâd like to see covered, send him a message on Twitter @MattReinstetle.

This was originally published on The Penny Hoarder, which helps millions of readers worldwide earn and save money by sharing unique job opportunities, personal stories, freebies and more. The Inc. 5000 ranked The Penny Hoarder as the fastest-growing private media company in the U.S. in 2017.

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These 5 Tips Can Help You Snag a Job in Another State Before You Relocate published first on https://justinbetreviews.tumblr.com/

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lawfultruth · 7 years ago

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Guest Post: The First Federal Court Hearing on SEC Jurisdiction over ICOs

John Reed Stark

As cryptocurrencies and ICOs have proliferated, one very key question has been whether not the coins or tokens are securities within the meaning of the federal securities laws. Earlier this week, the first federal court hearing at which this question was discussed took place in the federal district court in Brooklyn. In the following guest post, John Reed Stark, President of John Reed Stark Consulting and former Chief of the SEC’s Office of Internet Enforcement, provides his detailed report of the court hearing as well as his perspective on the topics under discussion. A version of this article originally appeared on Cybersecurity Docket. I would like to thank John for his willingness to allow me to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is John’s guest post.

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This week the first contested ICO/SEC oral argument finally took place at the historic Brooklyn New York Federal Courthouse in a hearing before famed 70+ year old Judge Raymond Dearie (who also happens to sit on the United States Foreign Intelligence Surveillance Court (FISC, also called the FISA Court, and the subject of some congressional and presidential discussion, criticism and consternation). This article presents:

Some key background information relating to the oral argument;

A copy of the official transcript of the court hearing together with highlights and commentary; and

Links to copies of all of the relevant case filings in one place (including all of the relevant legal briefs), neatly organized for quick and easy review.

Background and FAQs

The Matter: USA/SEC versus Maksim Zaslavskiy filed in the United States District Court for the Eastern District of New York, E.D.N.Y. Docket No. 17-MJ-934 (Before the Honorable Judge Raymond Dearie). Zaslavskiy, et al, were charged by the United States Department of Justice (DOJ) and by the United States Securities and Exchange Commission (SEC) with securities fraud in connection with several ICOs. Zaslavskiy was arrested by the Federal Bureau of Investigation (FBI) and his assets were frozen by the SEC. Now, Zaslavskiy’s attorneys — federal public defenders who represent him in the criminal case and Polsinelli LLC who represent him in the SEC case — have filed a motion to dismiss the criminal charges, asserting, among other things, that the digital coins or tokens peddled by Zaslavskiy’s ICOs were not securities (and are not subject to SEC jurisdiction).

The Logistics: The hearing for Zaslavskiy’s Motion to Dismiss took place May 8th at 2:45 pm, in Court Room 10A S in United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, NY 11201.

The Filings: The court filings are plentiful and robust but, for anyone interested in SEC jurisdiction over ICOs, cryptocurrency exchanges and the like, are absolutely worth reading. See for yourself below in parts III and IV.

The Trial: The trial date or the matter is currently scheduled for January, 2019.

When Will Judge Dearie Issue His Decision on the Motion? Difficult to say for sure – though Judge Dearie will certainly issue his opinion before the trial date of January, 2019.

The Parties: There were actually four parties to the hearing:

—For DOJ (who filed a criminal action against Zaslavskiy before Judge Dearie): Eastern District of New York Assistant United States Attorneys Julia Nestor and Audrey Spektor;

—For SEC (who filed a parallel civil SEC enforcement action against Zaslavskiy before Judge Dearie): Valerie Szczepanik, Assistant Director, SEC Division of Enforcement; and

—For Zaslavskiy: Federal Public Defenders Len Kamdang and Mildred Whalen (defending Zaslavskiy in the criminal proceeding) and Jason Nagi, Partner of Polsinelli LLC (defending Zaslavskiy in the SEC enforcement action).

Why Does Zaslavskiy Have a Federal Public Defender? It strikes me as odd that Zaslavskiy cannot afford criminal defense counsel but can afford civil defense counsel. Perhaps Polsinelli is representing Nagi pro bono(free of charge) because the issue is important to Polsinelli (e.g. Polsinelli represents other similarly situated ICOs and has advised those clients that they operate outside of SEC jurisdiction). Perhaps the rules allow for such an arrangement and Zaslavskiy is paying for civil defense counsel but getting free representation in the criminal matter. Perhaps the fees are being paid by someone else. (I have no idea of how Zaslavskiy’s legal fees are being handled and am just guessing.). Under any circumstance, whether paid or not, Polsinelli took the time to submit a sophisticated brief, which although presenting a weak argument (in my view), is nonetheless a well-written and very professional court submission.

My Take: The SEC and DOJ will win. Easily. Quickly. Handily. For my reasoning, please visit here; hereor here . . . Yes, Judge Dearie’s questions and comments at the hearing evidence some sympathy for some of Zaslavskiy’s defenses and create some confusion as to whether the “what is a security” issue is one for the court (e.g. during a preliminary challenge such as a motion to dismiss) or one left for the jury (e.g. after a trial presents the facts of the transaction, which are transaction). However, the briefs from the SEC and from DOJ are compelling and spot-on — and I believe that once the Court focuses on the essence of the government’s position, the pleadings will ultimately assure a federal jurisdictional victory (which survives a motion to dismiss).

Hearing Highlights and Transcript

Here is a link to the Official Transcript of the hearing for the motion to dismiss filed by defendant Zaslavskiy, which is opposed by the criminal prosecutors (from the United States Attorney’s Office of the Eastern District of New York) and by the civil enforcement staff lawyers (from the Enforcement Division of the SEC). The transcript was composed by the official courtroom reporter for the hearing and delivered directly to me. Below are some highlights gleaned from the transcript, together with some light commentary:

Opening Irony. In the first minute of the hearing, the defense began with an odd wisecrack by Zaslavskiy’s civil defense counsel Jason Nagi (which was actually fitting and ironically quite hilarious):

CASE CALLED BY THE CLERK AND PARTIES ARE ASKED TO INTRODUCE THEMSELVES

“MS. NESTOR: Good afternoon, your Honor. Julia Nestor for the United States and I’m here with Andrey Spektor from our office and Valerie Szczepanik from the Securities & Exchange Commission.

THE COURT: Good afternoon.

KAMDANG: Good afternoon, your Honor. Federal defenders Len Kamdang and Mildred Whalen.

NAGI: Jason Nagi.

THE COURT: I take it you are prepared to be bound by these discussions, Mr. Nagi.

NAGI: Your Honor, every time I’m in court I’m prepared to be bound.”

Judge Dearie’s Stark Declaration. Judge Dearie began the hearing with some introductory thoughts. Of note, he characterized the issues before him in stark contrast:

“THE COURT: I think we all agree that the picture the government paints in its papers as opposed to the picture the defendant paints in its papers are very different, very different indeed. They are ships not only crossing in the night, they are on different seas entirely . . . from whose perspective do I look at this? We have the government’s perspective, this whole thing is a sham from start to finish. There were no coins, there were no diamonds, there was no real estate, etcetera, etcetera, etcetera. The defense presents a very different picture that notwithstanding admissions of Mr. Zaslavskiy there was a full intention to develop this into what he regarded as a viable digital currency. Then we have the perspective of the victims themselves. Some might say, for example, I was investing my money in a common pool in the hopes of getting a return, as the white paper promised, through the efforts of others. Some might say, you know, I was intently interested on establishing a viable, working digital currency and this promised me that with the added security of hard assets, real estate or diamonds, to back it up.”

Judge Dearie Has Done his Homework. Judge Dearie was clearly engaged by the government’s pleadings, which included actual advertisements for Zaslavskiy’s ICO, stating during an early part of the hearing:

“THE COURT: In one of the press releases, Recoin [Zaslavskiy’s company] press releases, it says that Recoin would be ‘An easily accessible financial platform through which people from all over the world can convert their savings into real estate backed currency for the potential of high returns or can protect their earnings from inflation.’ That sure does sound like an investment contract . . . We are in a new world here, right? Back in Howey days we were not talking digital currencies. You will concede, Ms. Nestor, will you not, that there are characteristics — again, I fully understand your position that this was a nothing burger, it was a fraud from top to bottom. I understand that. But assume for a moment the hypothetical along the lines that it’s presented in the defendant’s papers. There are characteristics of both currency and investment.”

Judge Dearie Punches Right Through Zaslavskiy’s “governmental over-reach” Argument.Some ICO defenders have argued that because there are so many regulators asserting jurisdiction over ICOs, then none of them should. Judge Dearie seems uninspired by this argument:

“MR. KAMDANG: I think we are all bothered by the idea of fraud and fraud needs to be regulated. The question is whether or not the SEC can regulate this fraud. If they want to regulate this fraud our position is that Congress needs to give more guidance. There’s no question the government has any number of laws that they could apply to this situation. But —

THE COURT: But that’s beside the point. The question is is it a security and what we have is the Howey test and the directive that we look past the form and consider the substance and step back and take a look at what’s really happening here. I must say I have difficulty with your position.”

A Question of Fact for the Jury? Surprisingly, Judge Dearie may end up leaving the question of whether an ICO is offering a security not as a matter of law for the court to determine, but instead a matter of fact for the jury to determine. Judge Dearie states:

“THE COURT: . . . it occurred to me, with the help of my clerks, that I had at one time in the past charged a jury on the question of what is an investment contract. . A case handled by your office, the Philip Barry case. It didn’t become a big issue in the case itself. The jury was asked to consider whether or not we were dealing with investment contracts that didn’t involve digital currency and supposed digital currency. It’s a case not unlike what we have here, at least from the government’s perspective.”

Later on, along the same lines, Judge Dearie noted:

“THE COURT: I would instruct them [the jury] on what an investment contract is as I did in the Barry case. If they find it’s an investment contract, as in Barry, they found that it’s a security. These are things we could talk about, if we get that far.”

Agree to Disagree. It appears that Zaslavskiy’s SEC defense counsel was not winning points from Judge Dearie with his “vagueness” argument, which is an argument made in the Polsinelli briefsupporting Zaslavskiy’s motion to dismiss. Consider this exchange between Judge Dearie and the Polsinelli attorney representing Zaslavskiy, Jason Nagi, who may or may not have been getting on the judge’s nerves (tough to discern from the transcript without actually witnessing this discussion):

“MR. NAGI: I would like to talk to you about something you mentioned, the new world. Let’s talk about the new world and the lack of clarity. Can it be both a security and can it be a currency and I would like to talk to you about the Administrative Procedure Act which is essentially the amalgamation or the inclusion of the due process clause into government agencies that regulate the people. I don’t think you have to get to the issue of whether this is a security and you have to do the Howey analysis. Under the Administrative Procedure Act because there was no clear rulemaking and if you look at what the APS says, it’s a couple of short answers. You don’t have to have special certifications. You don’t even have to have a comment period with the public. You can issue interpretive rules and general statements under 553(b)(3) A and B and if there’s good cause you don’t have to have public procedure to have an open discussion about how you regulate something. We’re dealing with a new asset class and it’s caused a lack of clarity with the law.

THE COURT: I’m not so sure I agree with you. Go ahead.

NAGI: I’ll give you a couple of examples. Your Honor is free to disagree with me.

THE COURT: Good. I’m pleased.”

Handle Bar Mustaches. Nagi got into even more trouble later on in the argument, when he tried to paint his client, Zaslavskiy, as an honest and law-abiding citizen. Check out this sardonic dialogue between Nagi and Judge Dearie:

“MR. NAGI: When Mr. Zaslavskiy believed that the SEC would consider what he was doing to be a security he stopped doing it. He’s not a fat cat. He didn’t take it and use it for home improvements and go fix his house like they did in PlexCorps. It’s not a Ponzi scheme. He’s not holding on to anything and he’s willing to work that out with the SEC, whatever remains that was not provided. This is not your example of a guy with a handle bar mustache sitting behind a railroad tying somebody to the tracks.

THE COURT: You’re giving a bad name to people with handle bar mustaches.”

Vague Statutes. Clearly, Judge Dearie would be more comfortable if the criminal prosecution had charged simple fraud (as opposed to securities fraud), and avoided the “what is a security” question altogether — and to Nagi’s credit, Judge Dearie seems to share Nagi’s frustration with the vagaries of what Nagi refers to as antiquated U.S. statutes:

“MR. NAGI: It’s often hard to look at those statutes [The 1933 Securities Act and the 1934 Securities and Exchange Act] and find out where something as new and innovative as bitcoin or cryptocurrency, where do they fall into a regulatory regime that was written decades ago. That’s why we need rulemaking and that’s why we think you should dismiss the case. You don’t have to worry about letting the Ponzi schemers off. They did something else. That’s all I have to say.

JUDGE DEARIE: THE COURT: I don’t have to worry about it for this case either. The government intimated a moment ago that there are going to be additional charges [simple fraud claims added].

NESTOR: I said there may be additional charges. As your Honor is aware I am starting a trial in front of your Honor in a month, so I’m not sure those charges will come in the next month.

JUDGE DEARIE [LATER ON, REFERRING BACK TO MR. NAGI’S POINT AS HE BID FAREWELL TO THE PARTIES]: Yes, it would be wonderful if the regulators, you know, got into the 20th century, much less the 21st and we would be able to avoid some issues. I have to deal with the cards that have been dealt me and with that I’ll thank you for your time.”

III. Actual Court Filings in US DOJ Federal Criminal Action Against Maksim Zaslavskiy

DOJ PRESS RELEASE ANNOUNCING ZASLAVSKIY PROSECUTION

COMPLAINT AND AFFIDAVIT IN SUPPORT OF APPLICATION FOR ARREST WARRANT

INDICTMENT

ZASLAVSKIY’S MOTION TO DISMISS INDICTMENT FOR SUBJECT MATTER JURISDICTION AND VAGUENESS(SUBMITTED BY FEDERAL PUBLIC DEFENDER, DOJ DEFENSE COUNSEL)

DOJ MEMORANDUM OF LAW OPPOSING ZASLAVSKIY’S MOTION TO DISMISS THE INDICTMENT

ZASLAVSKIY’S REPLY BRIEF IN SUPPORT OF HIS MOTION TO DISMISS(SUBMITTED BY FEDERAL PUBLIC DEFENDER, ZASLAVSKIY’S DOJ DEFENSE COUNSEL)

Actual Court Filings in SEC Federal Civil Enforcement Action Against Maksim Zaslavskiy

SEC PRESS RELEASE ANNOUNCING ZASLAVSKIY PROSECUTION

SEC COMPLAINT AGAINST RECOIN GROUP FOUNDATION, LLC, DRC, WORLD INC. a/k/a DIAMOND RESERVE CLUB, and MAKSIM ZASLAVSKIY

SEC MEMORANDUM IN SUPPORT OF EMERGENCY ASSET FREEZE AND TEMPORARY RESTRAINING ORDER

DECLARATIONS FROM SEC OFFICIALS VALERIE SZCZEPANIKAND JORGE TENREIRO IN SUPPORT OF EMERGENCY ASSET FREEZE AND TEMPORARY RESTRAINING ORDER

SEC BRIEF IN SUPPORT OF THE UNITED STATES, OPPOSING ZASLAVSKIY’S MOTION TO DISMISS INDICTMENT

ZASLAVSKIY’S MEMORANDUM OF LAW SUPPORTING MOTION TO DISMISS INDICTMENT(SUBMITTED BY POLSINELLI LLC, ZASLAVSKIY’S SEC DEFENSE COUNSEL)

John Reed Stark is president of John Reed Stark Consulting LLC, a data breach response and digital compliance firm. Formerly, Mr. Stark served for almost 20 years in the Enforcement Division of the U.S. Securities and Exchange Commission, the last 11 of which as Chief of its Office of Internet Enforcement. He has taught most recently as Senior Lecturing Fellow at Duke University Law School Winter Sessions and will be teaching a cyber-law course at Duke Law in the Spring of 2019. Mr. Stark also worked for 15 years as an Adjunct Professor of Law at the Georgetown University Law Center, where he taught several courses on the juxtaposition of law, technology and crime, and for five years as managing director of global data breach response firm, Stroz Friedberg, including three years heading its Washington, D.C. office. Mr. Stark is the author of, “The Cybersecurity Due Diligence Handbook.”

The post Guest Post: The First Federal Court Hearing on SEC Jurisdiction over ICOs appeared first on The D&O Diary.

Guest Post: The First Federal Court Hearing on SEC Jurisdiction over ICOs syndicated from https://ronenkurzfeldweb.wordpress.com/

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golicit · 7 years ago

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Guest Post: The First Federal Court Hearing on SEC Jurisdiction over ICOs

John Reed Stark

**************************

Some key background information relating to the oral argument;

A copy of the official transcript of the court hearing together with highlights and commentary; and

Links to copies of all of the relevant case filings in one place (including all of the relevant legal briefs), neatly organized for quick and easy review.

Background and FAQs

The Trial: The trial date or the matter is currently scheduled for January, 2019.

When Will Judge Dearie Issue His Decision on the Motion? Difficult to say for sure – though Judge Dearie will certainly issue his opinion before the trial date of January, 2019.

The Parties: There were actually four parties to the hearing:

—For DOJ (who filed a criminal action against Zaslavskiy before Judge Dearie): Eastern District of New York Assistant United States Attorneys Julia Nestor and Audrey Spektor;

—For SEC (who filed a parallel civil SEC enforcement action against Zaslavskiy before Judge Dearie): Valerie Szczepanik, Assistant Director, SEC Division of Enforcement; and

Hearing Highlights and Transcript

CASE CALLED BY THE CLERK AND PARTIES ARE ASKED TO INTRODUCE THEMSELVES

“MS. NESTOR: Good afternoon, your Honor. Julia Nestor for the United States and I’m here with Andrey Spektor from our office and Valerie Szczepanik from the Securities & Exchange Commission.

THE COURT: Good afternoon.

KAMDANG: Good afternoon, your Honor. Federal defenders Len Kamdang and Mildred Whalen.

NAGI: Jason Nagi.

THE COURT: I take it you are prepared to be bound by these discussions, Mr. Nagi.

NAGI: Your Honor, every time I’m in court I’m prepared to be bound.”

Judge Dearie’s Stark Declaration. Judge Dearie began the hearing with some introductory thoughts. Of note, he characterized the issues before him in stark contrast:

Later on, along the same lines, Judge Dearie noted:

THE COURT: I’m not so sure I agree with you. Go ahead.

NAGI: I’ll give you a couple of examples. Your Honor is free to disagree with me.

THE COURT: Good. I’m pleased.”

THE COURT: You’re giving a bad name to people with handle bar mustaches.”

JUDGE DEARIE: THE COURT: I don’t have to worry about it for this case either. The government intimated a moment ago that there are going to be additional charges [simple fraud claims added].

NESTOR: I said there may be additional charges. As your Honor is aware I am starting a trial in front of your Honor in a month, so I’m not sure those charges will come in the next month.

III. Actual Court Filings in US DOJ Federal Criminal Action Against Maksim Zaslavskiy

DOJ PRESS RELEASE ANNOUNCING ZASLAVSKIY PROSECUTION

COMPLAINT AND AFFIDAVIT IN SUPPORT OF APPLICATION FOR ARREST WARRANT

INDICTMENT

ZASLAVSKIY’S MOTION TO DISMISS INDICTMENT FOR SUBJECT MATTER JURISDICTION AND VAGUENESS(SUBMITTED BY FEDERAL PUBLIC DEFENDER, DOJ DEFENSE COUNSEL)

DOJ MEMORANDUM OF LAW OPPOSING ZASLAVSKIY’S MOTION TO DISMISS THE INDICTMENT

ZASLAVSKIY’S REPLY BRIEF IN SUPPORT OF HIS MOTION TO DISMISS(SUBMITTED BY FEDERAL PUBLIC DEFENDER, ZASLAVSKIY’S DOJ DEFENSE COUNSEL)

Actual Court Filings in SEC Federal Civil Enforcement Action Against Maksim Zaslavskiy

SEC PRESS RELEASE ANNOUNCING ZASLAVSKIY PROSECUTION

SEC COMPLAINT AGAINST RECOIN GROUP FOUNDATION, LLC, DRC, WORLD INC. a/k/a DIAMOND RESERVE CLUB, and MAKSIM ZASLAVSKIY

SEC MEMORANDUM IN SUPPORT OF EMERGENCY ASSET FREEZE AND TEMPORARY RESTRAINING ORDER

DECLARATIONS FROM SEC OFFICIALS VALERIE SZCZEPANIKAND JORGE TENREIRO IN SUPPORT OF EMERGENCY ASSET FREEZE AND TEMPORARY RESTRAINING ORDER

SEC BRIEF IN SUPPORT OF THE UNITED STATES, OPPOSING ZASLAVSKIY’S MOTION TO DISMISS INDICTMENT

ZASLAVSKIY’S MEMORANDUM OF LAW SUPPORTING MOTION TO DISMISS INDICTMENT(SUBMITTED BY POLSINELLI LLC, ZASLAVSKIY’S SEC DEFENSE COUNSEL)

The post Guest Post: The First Federal Court Hearing on SEC Jurisdiction over ICOs appeared first on The D&O Diary.

Guest Post: The First Federal Court Hearing on SEC Jurisdiction over ICOs published first on

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palebearwombat-blog · 7 years ago

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