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exxar1 · 4 years ago

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Episode 10: We Don’t Win

1/23/2021

I recently started subscribing to John MacArthur’s sermon podcasts. I’d never heard of him until he and his congregation began defying the lockdown mandates in California last summer. Although I’d added his podcasts to my library, I had never actually listened to any of them until three days ago when his sermon from this past Sunday began playing automatically as soon as my phone’s Bluetooth connected to my car. I was about to stop the playback as I was in the mood for some upbeat music, but then changed my mind when I looked at the dashboard display and saw what podcast had started.

John began his sermon by listing all the blessings God had bestowed upon him and his church in the last six months of 2020. The more that he and his congregation defied Governor Newsom’s tyranny, the more God blessed their ministry. He said that 2020 had given him, personally, an immense amount of clarity, and I knew exactly what he was talking about. 2020, for many of us, helped us to see exactly what matters most in this world and what our priorities should be. As John moved on to the heart of his sermon, he said three words that have been rattling around in the back of my brain ever since.

“We don’t win.”

We Christians do not win in this world. This world belongs to Satan. It always has ever since the Fall. It is not the destiny of the believers in Christ “…to win on this battleground,” as John puts it.

“We don’t win.”

I first heard this sermon on Wednesday, the day of President Biden’s inauguration. In the two days since he took the oath of office, we Americans have seen quite clearly what this president has in mind for the future of this country. One of his first acts was to sign an order that gives boys and girls the right to roam freely in the public restrooms of the opposite sex. Boys who “identify” as girls will also have the right to thus compete in women’s sports if they so wish. Biden and his administration also made announcements that they plan to not only roll back all the restrictions that President Trump had enacted to try to stop the public finding of international and domestic organizations that support abortion, but to also expand the current laws of “reproductive and women’s rights” to allow abortions up to and including the moment of birth. (He even campaigned on this abhorrent promise.) Abortions will soon be allowed for ANY reason and will be made as convenient as a checkup at your local dentist.

It’s that latter part that should bet striking fear and sorrow in the hearts of EVERY American citizen, regardless of religious affiliation. Roe v. Wade was just the beginning of America’s fall from grace and prosperity, and if Biden and his administration succeeds in their enactment of these new laws and permissions, then our country’s fate is truly sealed. Any nation — any people — that allows the willful, rampant murder of the unborn will not survive very long. It is among the last, deadliest signs of genuine, moral decay, and that — along with all the social movements that are currently fighting to erase gender and promote tolerance of ANYTHING regarding sexuality — are why I firmly believe that we are closer than ever to the Second Coming of Christ.

“We don’t win.”

The Biden administration is under the power and firm control of the another insidious, deceptive, and abhorrent social movement that has gripped this nation since last June: Black Lives Matter. There is no longer true justice in America. John MacArthur stated in his sermon that America is now under a new form of law and order known as “social justice”. Under this new justice, the only ones who are right are the oppressed, and the guilty are the oppressors. Justice is now based on race and skin color, rather than truth and right. All the garbage surrounding “white fragility” and “anti-racism” has made it perfectly acceptable for everyone to racially discriminate and hate anyone whose skin is white.

“We don’t win.”

Black Lives Matter, in its efforts to alter and/or erase American history have set the stage for America’s very foundation, the system of capitalism, to also be destroyed. All the economic plans of the Biden administration — as well as a democrat controlled congress — will ensure that socialism will take hold in this country even worse than when Obama was president. The current leaders of the Black Lives Matter movement are proud, outspoken Marxists, and they have never tried to disguise or obfuscate their beliefs. They have already succeeded in getting their insidious doctrine of “critical race theory” into public schools at every grade level in all the major cities in the U.S. Within one or two generations, our country will be overflowing with the same brainwashed population that brought about the Russian Revolution, which plunged that country into decades of economic and moral darkness.

“We don’t win.”

I am not writing this blog to frighten or depress you. (Well, actually, yes you should be scared shitless right now. I know I am.) John ended his sermon by reminding all Christians that yes, we don’t win. We don’t win down here, that is. Earth has already been claimed by Satan and his forces of darkness. But, if we have accepted Christ as our Lord and Savior, then we will not have to suffer much longer in this mortal realm. Our only task right now is to serve God by staying faithful to him and spreading the gospel. And, when our life is over, we will join our Heavenly Father at his throne, and we will have a front row seat to His final plan. His heavenly forces will make war with the corrupted world and its lord, Satan, in that great final battle of Armageddon, and it’s here, where it matters most, that we will win.

Part of my reason for writing this post today was to remind myself of the true power of God. We serve and worship the same God that made a covenant with Abraham and Isaac. The same God that brought the Israelites out of Egypt and watched over them as they traveled in the desert. No matter how often His people forgot Him or sinned against Him, God never forgot them. His wrath was great, yes, and there were many times the Israelites were punished for their sins, but God always provided a way of forgiveness and redemption.

In the back of my Bible is a listed reading plan for the year. I decided to embark on this as part of my daily devotional and as a new year’s resolution. I have already finished the books of Genesis and Exodus, and, while I still remember from so long ago the stories of creation; of Abraham, Isaac, Esau, and Jacob; of Joseph getting sold into slavery in Egypt only to be in the right place and right time to save his brothers and family; of God delivering His people out of slavery in Egypt — I was now reading all of those accounts with fresh eyes. Right now, when our country is on a rapidly descending slope into sin, darkness, and moral decay, it gives my heart and soul a much needed peace to know that that God of the Bible is the same God that still watches over his people. I want to add the phrase “protects them”, but I’m honestly not sure that’s appropriate. God is watching over us, make no mistake about that, but He’s also a vengeful God, and his wrath is great.

America was once a Christian nation, but I have a hard time uttering that phrase just now. I don’t believe it’s true anymore, and we Christians are about to enter a new era of persecution and tribulation. The government mandates that were issued last year in response to the manufactured “pandemic” are a perfect example of the new persecution. As John put it in his sermon, “Satan did his best to shut down our church.” The Lord of Darkness did his damndest to shut down ALL churches in this nation, and he succeeded in many states — most of them blue. Here in Nevada, for example, almost all churches are still shut down for worship. Services can only be attended from home via livestream.

This is just the first step. The new laws and policies that the Biden administration has already enacted — or plans to enact — will only serve the heathen and the wicked. But we Christians still have the power to fight back, and we most definitely should while we still can. Just look at John’s church in California. I won’t go into the whole list here, but John’s ministry did not shrink or fail during 2020. Quite the opposite, in fact. He stated that his congregation expanded by more than 1,200 members in just the last quarter of the year. People were driving in from out of state to attend services! The church more than tripled its funding from offering and donations in 2020, more than they’ve received in the last decade alone, in fact!

It is in times of great adversity and great trials, that Christianity grows. America is the modern equivalent of the Roman Empire, and, like those Christians in the days of Nero and Caesar, the believers in America today will be shunned, spit upon, arrested, and yes, even put to death, while the rest of the nation celebrates “diversity” and “tolerance” and continues to slaughter the unborn in record numbers.

No, it’s not quite that bad for us believers just yet. But within one or two generations, perhaps even sooner, it will be. The current “cancel culture” that is serving as the militant arm of movements such as Black Lives Matter will very soon turn their wrath upon anything that is religious. True Christians, the believers that will not compromise on “diversity” and “tolerance” by watering down the gospel or allowing immorality such as gay marriage and transgender “affirmation services”, among other things, will be attacked and cursed as being un-American and “evil”.

No, we don’t win down here.

But we will one day. Our suffering here is but for a time. Soon enough, we shall be reunited in Heaven with our Lord and Savior at the foot of his throne. All trials and tribulations will cease and we shall rejoice with Him evermore.

Amen, hallelujah!

#john macarthur #Christian #faith #God #black lives matter

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mcdouglecompany-blog · 6 years ago

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Massive GOP Losses Due to Voter Fraud.

Trump and Republicans Must Refuse to Recognize All Election Results From California in 2020 Due to Rampant Fraud.

This ACU Show consists of 6 segments on this topic.

California Compromised (Ballot Harvesting)

Culprit in MASSIVE GOP Losses in California Discovered - Now We Know How Dems CHEATED!

Ballot-Harvesting for Dummies

New California policy: Illegal immigrants voting?

The John Batchelor Show. Democrat "vote-harvesting"

California-Style ‘Ballot Harvesting’ May Be Coming to a State Near You

California Compromised (Ballot Harvesting)

https://youtu.be/lGymVHNRiao

Sean Giordano

Published on Mar 28, 2019

Larry Elder had Katy Grimes on his show to discuss her article, "California’s Elections Compromised… By State Legislature: Republicans Ignored The Warnings" (https://tinyurl.com/y4pnutao). We lost a representative to this where I live. _________________________________ Listen To Larry on The Answer (870AM) from 6-9pm || For more clear thinking like this from Larry Elder... I invite you to visit: http://www.larryelder.com/ || Also visit his Twitter page (https://twitter.com/larryelder) as well as his blog: http://www.elderstatement.com/ Donate to these two wonderful causes: https://www.prageru.com/donate | and | https://www.adflegal.org/donate I use AVS4YOU.com for audio editing, and VEGAS Pro 16 for pairing audio and media (https://tinyurl.com/ybgou46g).

Culprit in MASSIVE GOP Losses in California Discovered - Now We Know How Dems CHEATED!

https://youtu.be/Nvf6mDwUMWc

The Next News Network

Published on Dec 5, 2018. #N3

DO NOT Wait, Be Ready For Anything at http://PrepareWithGary.com SUB TO BACKUP CHANNEL HERE: https://www.youtube.com/channel/UC7hG... Sub to main Youtube Channel here: http://nnn.is/Sub-to-N3 Get on our Email list! http://nnn.is/email-newsletter-next-news Jim Hoft for the Gateway Pundit reports, California lost 7 of its 14 Republican House seats this election cycle. This was after the state legislature passed “ballot harvesting” laws. Ballot harvesting is illegal in most states. See the report here: https://youtu.be/Nvf6mDwUMWc Read More/Source/Credit/FairUse: https://www.thegatewaypundit.com/2018... Share this to Facebook: https://www.facebook.com/sharer.php?u... Tweet This video: https://twitter.com/home?status=Must%... ------------------------------------------------------------------------------------ SUPPORT THE NETWORK WITH THE LINKS BELOW! ------------------------------------------------------------------------------------ Patreon $5/mo: http://nnn.is/monthly-gift-5 Donate with Paypal: https://nnn.is/give-once Give BTC: 13Hd1HFqS5CDLCMcFQPWu9wumubo6X2hSM Next News T-Shirt Shop: http://nnn.is/get-your-gear-here Got Kids or Grandkids? Take a break at our new Kids Channel: (( SUBSCRIBE )) http://bit.ly/sub-to-Banchi-Brothers Do your kids understand liberty? They will after reading this: https://goo.gl/bICMCr Learn How To Make REAL Money Every Day In The Markets here: https://TradeGeniusAcademy.com Restore YOUR Online Privacy here: https://HideWithGary.com Enter Promo Code: nextnews for 20% OFF ! Be Ready in ANY disaster. Stock up on Survival Food here: http://PrepareWithGary.com Claim the BEST travel safety device in the world here: http://PatriotCharger.com

Ballot-Harvesting for Dummies

https://youtu.be/gAnxIHIMzXQ

Headlines With A Voice

Published on Dec 3, 2018

Ballot-Harvesting for Dummies As the polls closed on election day last month, six California Republican House candidates, including Representatives Dana Rohrabacher, Steve Knight, and Mimi Walters, were ahead in their respective races. However, as the absentee and provisional ballots rolled in over the intervening weeks, all six lost to their Democratic opponents. ... https://dailycaller.com/2018/12/01/ba...

===================================================== HWAV app: https://m.headlineswithavoice.com Voice-over intro by Otis Jiry: https://soundcloud.com/sapperton-soun... Please support my channel with a single or monthly donation: Patreon: https://www.patreon.com/Headlines_Wit... Support this channel with Digital Tip Jar: https://digitaltipjar.com/headlineswi... One-time support may be sent to the following email address using PayPal: [email protected] NOTE: My narrated news may also be accessed at the sites listed below. Thank you, Headlines With A Voice https://www.bitchute.com/channel/head... https://www.real.video/channel/headli... https://headlineswithavoice.com

New California policy: Illegal immigrants voting?

https://youtu.be/X9mCJFOdiC8

Fox News Insider

Published on Jan 24, 2018

Under a new state law, people will be registered to vote automatically when they obtain or renew their driver's license, regardless of whether they are U.S. citizens; a debate on 'The Ingraham Angle.'

The John Batchelor Show.

California Democrat "vote-harvesting" gained seven seats from the GOP 2018. @DevinNunes Devin Nunes Podcast with the new chair of the California Republican Party, Jessica Patterson @millanpatterson

For a great archive of shows visit-

http://JohnBatchelorShow.com/

Listen to John Batchelor at-

https://audioboom.com/channel/johnbatchelor

Listen to John Batchelor on iTunes at-

https://itunes.apple.com/us/podcast/the-john-batchelor-show/id589864479?mt=2

blog Twitter: @BatchelorShow

California-Style ‘Ballot Harvesting’ May Be Coming to a State Near You.

https://youtu.be/TtzqasF1e_o

The Next News Network

Published on Dec 9, 2018

DO NOT Wait, Be Ready For Anything at http://PrepareWithGary.com SUB TO BACKUP CHANNEL HERE: https://www.youtube.com/channel/UC7hG... Sub to main Youtube Channel here: http://nnn.is/Sub-to-N3 Get on our Email list! http://nnn.is/email-newsletter-next-news Randy DeSoto for the Western Journal reports, A change in California’s election law appears to have yielded a major shift to the left in the state’s congressional delegation makeup, and the voting rights group iVote, which notched noteworthy wins during the midterms, is pushing for other states to liberalize their voting laws as well. See the report here: https://youtu.be/TtzqasF1e_o Read More/Source/Credit/FairUse: https://www.westernjournal.com/califo... Share this to Facebook: https://www.facebook.com/sharer.php?u... Tweet This video: https://twitter.com/home?status=Must%... ------------------------------------------------------------------------------------ SUPPORT THE NETWORK WITH THE LINKS BELOW! ------------------------------------------------------------------------------------ Patreon $5/mo: http://nnn.is/monthly-gift-5 Donate with Paypal: https://nnn.is/give-once Give BTC: 13Hd1HFqS5CDLCMcFQPWu9wumubo6X2hSM Next News T-Shirt Shop: http://nnn.is/get-your-gear-here Got Kids or Grandkids? Take a break at our new Kids Channel: (( SUBSCRIBE )) http://bit.ly/sub-to-Banchi-Brothers Do your kids understand liberty? They will after reading this: https://goo.gl/bICMCr Learn How To Make REAL Money Every Day In The Markets here: https://TradeGeniusAcademy.com Restore YOUR Online Privacy here: https://HideWithGary.com Enter Promo Code: nextnews for 20% OFF ! Be Ready in ANY disaster. Stock up on Survival Food here: http://PrepareWithGary.com Claim the BEST travel safety device in the world here: http://PatriotCharger.com ---------------------------------------- FOLLOW US ON SOCIAL! --------------------------------------- https://Minds.com/NextNews https://Minds.com/GaryFranchi https://BitChute.com/channel/NextNews... https://Real.Video/channel/NextNewsNe... http://Facebook.com/NextNewsNet http://Twitter.com/NextNewsNet http://Twitter.com/garyfranchi http://NextNewsNetwork.com

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adamhhutchins · 6 years ago

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Deals are coming: the Blizzard of Bits starts now on Twitch

This season, get ready to spread plenty of holiday Cheer.

Starting now and continuing through December 27, we’re kicking off the Blizzard of Bits on Twitch — three unique deals where you’ll be able to earn extra bits and share them with your friends. Or keep them for yourself… Plus, one of the events will help you donate to Direct Relief, a global humanitarian organization, all while you support your favorite streamers.

Here’s how the deals work and when you can expect them:

Now through Cyber Monday, November 21–26

From 10 AM PT on November 21 through 11:59PM PT on November 26, Purchase 2500 Bits for a special price of $25 AND earn 200 extra bits to give to a friend…or keep for yourself. Everyone who takes advantage of this deal will be emailed their Bits redemption code on 11/29, limit one per person.

Twitch Hoodie Sale, December 3

Buy any Twitch hoodie from the Twitch Store on December 3 (12:01AM — 11:59PM PT) and you’ll receive 1500 Bits delivered to your Amazon email address on December 5! This offer is valid for one day only, so don’t miss out! Limit one per person.

Holiday Season of Giving, December 12–27

On any Twitch channel, whenever you use Bits to Cheer with #Charity, or use the custom Charity Cheermote, we’ll donate $.20 for every 100 Bits used to Direct Relief. You’ll also unlock a custom charity chat badge. And yes, the creators you support will still keep all of their normal revenue from Bits! The Season of Giving runs from December 12 at 12:01AM PT and ends on December 27 at 11:59PM PT.

FAQs

Q: Is Santa Claus real?

A: Um. Next question.

Q: What do I need to do to take advantage of each promotion?

A: 11/21 through Cyber Monday: Buy Bits anywhere on Twitch and select the 2500 bits option for $25. You will receive your code via email on November 29th. Limit one purchase per account, additional terms may apply.

Twitch Hoodie Sale: Simply complete your purchase of any Hoodie on our site on December 3rd, and you will receive an email with a unique code on December 5th to redeem your 1500 free Bits. Limit one code per Amazon account, regardless of amount of hoodies purchased.

Holiday Season of Giving: From December 12–27, Cheer on any Twitch Channel with #Charity or use the Charity Cheermote and we’ll donate $.20 for every 100 Bits to Direct Relief, up to $500,000. The Creator you support still receives their full revenue share.

Q: Are these offers available globally?

A: These are available anywhere Twitch and Amazon sites are available.

Q: Is there a limit to how many times I can participate in these promotions?

A: For offers running from 11/21–11/26, you may only purchase one Bits bundle. For the Hoodie deal, the free bundle of 1500 Bits is limited to 1 per Amazon account, regardless of amount of hoodies purchased. For the Charity component running 12/12–12/27 you can participate as often as you’d like! Twitch will donate up to $500k.

Q: What channels does this apply to?

You may use Bits to Cheer on any Partner and Affiliate channel.

Q: I made a purchase, when will I receive my Bits?

A: If you purchased between 11/21 and 11/26, you will receive your Bits code via email on 11/29 to your Twitch email address. If you purchased a Hoodie on 12/3, you will receive your Bits code via email on 12/5 to your Amazon email address.

Q: What about tax and VAT?

A: The discount is on the base price of the Bits before any taxes/VAT are applied.

Q: When exactly is this happening?

A: 11/21 through Cyber Monday: 11/21/2018 at 10 AM PT through 11/26/2018 at 11:59PM PT.

Twitch Hoodie Sale: 12/3/2018 from 12:01 AM PM to 11:59PM PT.

Holiday Season of Giving: 12/12/2018 at 12:01AM PT through 12/27 at 11:59PM PT.

Q: Does this work on purchases and cheers made on Android or iOS Twitch Apps?

A: Yes, all offers are applicable on Android and iOS.

Q: What is Cheering?

A: Cheering with Bits shows support for streamers and celebrates the moments you love with the community, all right in chat. A Cheer is a chat message that uses Bits. Bits emotes can be used one by one, all at once, or anywhere in between. Using many at once shows more support and creates cooler animated emotes.

Q: How do I cheer?

A: You can view our full guide to cheering here.

Q: If I cheer using #Charity, does the streamer still receive the full share they would normally receive?

A: Absolutely, it is the season of giving after all! We’ll be covering the donation to Direct Relief and the streamer you choose to support will receive the full amount.

Q: What is Direct Relief?

A: Direct Relief is a humanitarian aid organization, active in all 50 states and more than 80 countries, with a mission to improve the health and lives of people affected by poverty or emergencies — without regard to politics, religion, or ability to pay. You can learn more about the organization here.

Q: Where are my promotional Bits?

For purchases 11/21–11/26, all emails are sent to the verified Twitch email you have on file. Your email must be verified on day of purchase to receive Bits. To make sure you email address is verified, please follow the steps here. If you provide an incorrect email, we will be unable to credit you promotional Bits.

For hoodie purchases made on 12/3, all emails are sent to the Amazon email you have on file.

Q: Help, the Bits code I received doesn’t work!

A: Please make sure no one else has applied your code as they are one-time use only.

Q: When do the Bits codes expire?

A: Your Bits code expires on 3/31/2019 at 11:59 PM PT. Make sure to enter your code here before that time.

Q: I don’t have the right email on file and I didn’t receive the Bits

A: For purchases made 11/21–11/26 and per the terms and conditions, please make sure you verify your Twitch email on the day of your purchase to ensure you receive the promotional Bits code. For hoodie purchases made on 12/3, the email was sent to your Amazon email address.

Q: Where’s my Charity Badge?

A: Your Charity Badge should be available within seconds of Cheering, but occasionally there may be a short delay. If you don’t see your badge after a few minutes, make sure you have it selected from your available badges.

This is a limited time offer. Twitch reserves the right to modify or cancel the offer at any time. Offer only applies to products and digital content sold by Twitch Inc. (look for “sold by Twitch” on the product or content detail page). Products and digital content sold by third-party sellers or other Amazon entities will not qualify for this offer. Digital content and services are subject to the terms and conditions of the Terms of Sale and the Bits Acceptable Use Policy. Offer good while supplies last. Offer limited to one per customer and account. To receive Bits for the [Bits Black Friday], you will need to verify your email prior to purchase to receive the redemption code.. Offer may not be combined with other offers. Each promotion applies only to qualifying items. If the offer has a minimum purchase requirement, taxes, shipping and handling, and gift wrap charges do not apply when determining the minimum purchase amount. If the offer is for physical goods, the promotional code applies only to items purchased in a single order and shipped at the same speed to a single address. Offer may not be resold. If any of the products or content related to an offer are returned, your refund will equal the amount you paid for the product or content, subject to applicable refund policies. Offer discount will be allocated proportionally among all promotional items in your order. If you violate any of the offer terms, the offer will be invalid. Free products are available only while supplies last. We cannot offer rain checks for promotional items that run out of stock.

Deals are coming: the Blizzard of Bits starts now on Twitch was originally published in Twitch Blog on Medium, where people are continuing the conversation by highlighting and responding to this story.

#Twitch Blog - Medium

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simonconsultancypage · 8 years ago

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Brazilian Corruption Scandal Spreads to Meat Industry, U.S. Securities Litigation Follows

The massive Brazilian corruption scandal that began with an investigation of the state-owned oil company Petrobras and that has since spread both to other industries, including the construction industry, and to other Latin American countries, has now spread to an investigation of unsanitary practices and corruption in Brazil’s meatpacking industry. Among the Brazilian companies caught up in this latest scandal is JBS S.A., which is the world’s largest meat processing company. As has been the case with other companies caught up in Brazilian corruption scandal, JBS, whose Level 1 ADRs trade over-the-counter in the U.S., has now been hit with a follow-on securities class action lawsuit in the United States. This lawsuit is the latest in the string of lawsuits filed against companies from Brazil and elsewhere Latin America that have been hit with U.S. securities suits following news of their involvement in the burgeoning corruption scandal.

Background

On March 17, 2017, Brazilian police raided the facilities of two of the country’s largest meat processing companies, JBS and BRF SA, as well as numerous other small facilities. Among other things, the investigation is reportedly examining whether these companies bribed government officials to approve the sale and export of tainted meat. There are allegations that the target companies sold adulterated meat products. The investigation apparently is part of a long-running investigation known as “Operation Weak Flesh.”

According to news reports, policy arrested three BRF employees and two JBS employees, as well as 20 public officials. In its March 17, 2017 press statement about the raid (here), JBS noted that the Brazilian police operation had not targeted the company’s executives and that the company’s headquarters were not a target of the operation. The news of the investigation and police raid caused the prices of JBS ADR’s to decline.

The Complaint

On March 22, 2017, a JBS investor filed a securities class action lawsuit in the Eastern District of Pennsylvania against JBS, it CEO, and the global head of the company’s operations management team. The complaint, which appears on the court’s electronic docket in four parts, can be found here, here, here, and here. The plaintiff’s lawyers’ March 22, 2017 press release about the lawsuit can be found here.

The complaint recites at length numerous statements in the public filings of JBS about the company’s commitment to food safety, as well as its commitment to ethical business practices. The complaint then alleges (in paragraph 27) that the defendants misrepresented or failed to disclose that:

(1) JBS executives bribed regulators and politicians to subvert meat inspections of its plants and overlook sanitary practices such as processing rotten meat and running plants with traces of salmonella; (2) According to Brazilian authorities, JBS “didn’t care at all about the quality of the meat or food” they sold. “They didn’t care at all about what they were selling to consumers;” (3) Defendants falsified documentation for exports to Europe, China and the Middle East; (4)Defendants arranged bribes and favors for inspectors ranging from political donations and favorable bank loans to small bribes including hams and other meat products; (5) in coordination with government inspectors who Defendants used their direct influence in the Agriculture Ministry to select and whom they had bribed, Defendants’ employees entered government offices, accessed computers and issued their own export certificates; Defendants processing plants suffered from unsanitary practices such as rotten mean and shipping exports with traces of salmonella; (7) Defendants produced sanitary certificates regardless of the adulteration of the products.

The complaint, which purports to be filed on behalf of a class of investors who purchased JBS ADRs over the counter between June 2, 2015 and March 17, 2017. The complaint alleges that the defendants violated Sections 10(b) and 20(a) of the ’34 Act.

Discussion

As I have noted in prior posts on this blog (most recently here), as the Brazilian corruption scandal has spread, a number of the Brazilian companies caught up in the investigation have been sued in securities class action lawsuits in the U.S. This phenomenon of the filing of follow-on securities lawsuits against companies involved in the investigation recently spread to a company from Peru that has become involved in the investigation of corruption in the Brazilian construction industry.

JBS is the first of the company’s caught up in the Brazilian meatpacking industry scandal to be hit with a U.S. securities suit. However, it may not be the last. BRF, the other large Brazilian meat industry company caught up in the investigation, has ADRs that trade on the NYSE. The possibility that BRF too could be hit with a follow-on U.S. securities lawsuit seems not unexpected.

As the Brazilian corruption investigation continues to spread, it seems likely that companies in other industries could also face scrutiny or even possible future investigative involvement. This possibility not only presents the possibility for further U.S. securities lawsuit filings against Brazilian companies whose securities trade in the U.S. The possible civil follow-on litigation is not limited just to companies that have securities trading on the U.S. exchanges. Petrobras, for example, faces a number of group arbitration actions in Brazil based on the corruption scandal. The point is that these companies caught up in these kinds of investigations could face litigation exposures in their home countries, even if they do not face litigation exposures in the U.S.

Given the recent U.S. lawsuit filed against a Peruvian company caught up in the Brazilian scandal, these future claims possibilities are not limited just to Brazilian companies, but also include other Latin American companies. Nor are these exposures limited just to Latin America; to cite but two recent examples (there are many others), authorities in South Korea and Romania have recently initiated anti-corruption initiatives. As regulators step up their efforts to combat corruption in their respective countries, the possible outcomes include not only the prospect for high-profile bribery investigations, but also the same kind of follow-on civil litigation that has hit a number of the companies caught up in the Brazilian anti-corruption investigation.

One interesting question that the JBS lawsuit presents and that likely will arise regarding other companies involved in the corruption scandal is whether or not, based on the principles the U.S. Supreme Court enunciated in Morrison v. National Australia Bank, the company or companies are subject to the U.S. securities laws. Specifically, there is a recurring question of whether or not having Level 1 ADRs trading over-the-counter is a sufficient basis for a company to be held subject to U.S. securities laws.

An ADR is a U.S. dollar denominated form of equity ownership that represents foreign shares of the company held by a custodian bank in the company’s home country. According to the complaint, JBS’s ADRs are sponsored Level 1 ADRs. Unlike Level 2 ADRs, which may trade on U.S exchanges, or Level 3 ADRs, which permit a non-U.S. company to raise capital in the U.S., Level 1 ADRs may not trade on U.S. exchanges and entail minimal U.S. reporting requirements. (Refer here for further background on the difference between the various ADR levels).

Courts have reached divergent opinions with respect to Level 1 ADRs, based on whether or not the ADRs are sponsored. For example, in the May 2016 decision in the Toshiba case specifically held that transactions in unsponsored ADRs purchased OTC in the U.S. are not sufficient to satisfy Morrison’s requirements. By contrast, in January 2017 (and as discussed here), Northern District of California Judge Charles R. Breyer held that the U.S. securities laws do apply to over-the-counter transactions in the U.S. of Volkswagen’s sponsored Level 1 ADRs. Questions remain on these issues, but the plaintiff in the JBS case seems likely to try to rely on the Court’s holding in the Volkswagen case that because the U.S. securities laws apply to transactions in JBS ADRs because the securities are sponsored.

One final note about the JBS case is that it seems to represent yet another phenomenon on which I have commented on this blog, which is the prevalence of U.S. securities class action litigation involving companies domiciled outside the U.S. As I noted in my year-end review of 2016 securities class action litigation, one of the factors driving the increase in U.S. securities litigation lawsuit filings during the year was the elevated frequency of securities suit filings involving non-U.S. companies. As the JBS case itself exemplifies, the filing of U.S. securities litigation against non-U.S. companies has continued in the U.S.

Just to put this activity against non-U.S. companies into statistical context, of the 74 non-merger related securities class action lawsuits filed year-to-date so far in 2017 (through March 22, 2017), 17 of them have involved non-U.S. companies, representing about 23% of all filings. Since non-U.S. companies represent only about 16% of U.S. listed companies, the frequency of lawsuits against non-U.S. companies is and remains disproportionately higher than for domestic U.S. companies listed on U.S. exchanges.

Class Actions in Australia: Among countries outside the U.S., among countries with class action regimes, Australia is one of the most active. 2017 marks the 25th anniversary of Australia’s class action regime. A March 2017 paper from the Jones Day law firm entitled “Class Actions in Australia: 2016 in Review” (here) takes a comprehensive look at the current state of class actions in Australia, concluding with respect to the year just passed that “while the year provided examples of some of the major wins for defendants, a number of key court rulings and statutory reforms have set the stage for more and larger class actions in the year ahead and beyond.” The suggestion of the possibility of greater Australian class action activity is consistent with earlier posts on this blog (for example, here).

The law firm paper discusses a number of important class action case law developments in Australia during 2016, including in particular the decision of the Full Court of the Federal Court in Money Max Int Pty Ltd (Trustee) v QBE Insurance Group Limited [2016] FCAFC 148, which for the first time permitted a common fund order (that is, allowing a litigation funder to be paid from any fund created as a result of a successful class action settlement or judgment).

The paper also reports that there were at least 25 new class actions filed in Australia in 2016, including 12 new class cations filed on behalf of investors. There were at least five investor class action settlements in Australia in 2016, the details of which are also detailed in the report.

D&O in South Africa: A March 22, 2017 Biznews.com article entitled “D&O Liability: Is Corporate South Africa Ignoring the Issue?” (here) takes a look at the state of D&O in South Africa. The article notes that while there is a great take up of D&O among companies whose shares trade the Johannesburg Stock Exchange (JSE), that take up among other companies, particularly small and medium enterprises (SME). In the past ten years, the article note, D&O claims against smaller enterprises are increasing but, according to the article “70% of SMEs do not have adequate D&O cover.”

The D&O claims environment in South Africa has evolved as, among other things, changes has been introduced to the Companies Act (effective in 2011), and as other claims have emerged. In particular the article notes that a director of Blue Platinum Ventures was held personally liable because the company did not adhere to environmental regulations. It was, the article notes, the “first example of a director held liable on the African Continent for not adhering to environmental regulations.” The implications are that there is likely to be a much more active claims environment in the future.

Further details about the Blue Platinum Ventures environmental liability claim can be found here.

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