Four Companies Agree to Stop Falsely Promoting “100% Natural” products

Four Companies Agree to Stop Falsely Promoting Their Personal-Care Products as “All Natural” or “100% Natural”; Fifth is Charged in Commission Complaint Products Contain Artificial Ingredients Such as Dimethicone and Phenoxyethanol Four companies that market skin care products, shampoos, and sunscreens online have agreed to settle Federal Trade Commission charges that they falsely claimed that their products are “all natural” or “100% natural,” despite the fact that they contain synthetic ingredients. The Commission has issued a complaint against a fifth company for making similar claims. Under the proposed settlements, each of the four companies is barred from making similar misrepresentations in the future and must have competent and reliable evidence to substantiate any ingredient-related, environmental, or health claims it makes. “‘All natural’ or ‘100 percent natural’ means just that -- no artificial ingredients or chemicals,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “Companies should take a lesson from these cases.” According to the FTC, each of the following companies made the all-natural claim in online ads: Trans-India Products, Inc., doing business as ShiKai, based in Santa Rosa, California, markets “All Natural Hand and Body Lotion” and “All Natural Moisturizing Gel” both directly and through third-party websites including walgreens.com and vitacoast.com. The lotion contains Dimethicone, Ethyhexyl Glycerin, and Phenoxyethanol. The gel contains Phenoxyethanol. Erickson Marketing Group, doing business as Rocky Mountain Sunscreen, based in Aravada, Colorado, uses its website to promote “all natural” products such as the “Natural Face Stick,” which contains Dimethicone, Polyethylene, and other synthetic ingredients. ABS Consumer Products, LLC, doing business as EDEN BodyWorks, based in Memphis, Tennessee, markets haircare products on its own websites and at Walmart.com. It makes “all natural” claims for products including “Coconut Shea All Natural Styling Elixer” and “Jojoba Monoi All Natural Shampoo.” In reality, the products contain a range of synthetic ingredients such as Polyquaternium-37, Phenoxyethanol, Caprylyl Glycol, and Polyquaternium-7. Beyond Coastal, based in Salt Lake City, Utah, uses its website to sell its “Natural Sunscreen SPF 30,” describing it as “100% natural.” However, it also contains Dimethicone. California Naturel, Inc., located in Sausalito, California, sells supposedly “all natural sunscreen” on its website, though the product contains Dimethicone. The Commission has issued a complaint alleging that California Naturel has made deceptive “all natural” claims in violation of Sections 5 and 12 of the FTC Act. The proposed consent orders bar the four settling respondents from misrepresenting the following when advertising, promoting, or selling a product: 1) whether the product is all natural or 100 percent natural; 2) the extent to which the product contains any natural or synthetic components; 3) the ingredients or composition of a product; and 4) the environmental or health benefits of a product. The orders require the respondents to have and rely on competent and reliable evidence to support any product claims they make. Some claims require scientific evidence, which is defined as tests, analyses, research, or studies that have been conducted and evaluated objectively by qualified individuals using procedures generally accepted in the profession to yield accurate and reliable results. The Commission’s complaint against California Naturel seeks relief very similar to that found in the four proposed consent orders. The Commission vote to issue each administrative complaint and to accept the four proposed consent agreements was 3-0. The FTC will publish a description of the consent agreement packages in the Federal Register shortly. The agreements will be subject to public comment for 30 days, beginning today and continuing through May 12, 2016, after which the Commission will decide whether to make the proposed consent orders final. Interested parties can submit comments electronically by following the instructions in the “Invitation To Comment” part of the “Supplementary Information” section. Comments case can also be submitted by clicking on the following links: Trans-India Products, Inc.; Erickson Marketing Group; ABS Consumer Products, LLC; and Beyond Coastal. NOTE: The Commission issues an administrative complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $16,000. The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about consumer topics and file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook, follow us on Twitter, read our blogs and subscribe to press releases for the latest FTC news and resources. Contact Information MEDIA CONTACT: Mitchell J. Katz Office of Public Affairs 202-326-2161 STAFF CONTACT: Robert Frisby Bureau of Consumer Protection 202-326-2098 Related Cases California Naturel, In the Matter of Trans-India Products, Inc., In the Matter of Beyond Coastal, In the Matter of The Erickson Marketing Group Inc., In the Matter of ABS Consumer Products, In the Matter of For Consumers Blog: Super (un)natural product claims Healthy Living For Businesses Blog: Are your “all natural” claims all accurate?  Advertising and Marketing

Why Are All These Superyachts Catching on Fire? (BW)

From St. Thomas to Abu Dhabi, tens of millions in luxury yachts have recently gone up in flames.

It started with a puff of smoke, seeping slowly into the clear and sunny St. Thomas air on a mid-March afternoon. “I went into a meeting, and when I came out, it was very on fire,” recalled Ryan Nichols, who witnessed Positive Energy, a reportedly $2.5 million yacht, go up in flames.

The now-ironically named yacht was hauled off to sea to avoid damaging other vessels, which was the case when two multimillion-dollar yachts caught fire in the Abu Dhabi Marina Yacht Club in early March, taking six boats with them. Two months earlier, a fire damaged two superyachts at a marina in Marmaris, Turkey, and another superyacht, the 95-foot Queen Anna, burned in Fethiye, Turkey.

“Almost always, when a boat catches fire and it's in a marina, and there are numerous boats downwind from it, the fire spreads pretty rapidly,” explained Al Golden, president of the Grasonville, Md.-based International Marine Insurance Services, which insures around 14,000 boats. Cynthia Sailor from the Florida Yacht Brokers Association put it more bluntly: “One cow kicking over a candle, and the whole city goes up.”

The string of yacht fires raises the question: Is there something about these multimillion-dollar investments that makes them susceptible to fire?

The short answer: No, not really, well, probably not. Experts consulted by Bloomberg agreed that despite the vessels' length and height, the size of the boats aren't to blame. This appears to be a conflagration of coincidence.

It's the older and smaller boats that are typically more at risk, says Joe F. Foggia, a yacht sales broker at Northrop & Johnson in Fort Lauderdale, Fla. “As wires get older and they chafe on the metal structure, any of that kind of stuff can create a fire.” Much as in land-bound houses, electrical fires are most commonly to blame on yachts, from faulty connections to docks, wiring damage from salt water, and amateur captains trying to make repairs while out at sea. Issues in the fuel system and galley fires are also concerns. 

If anything, extravagant superyachts (commonly defined as longer than 78 feet) are built to higher standards and tend to be packed to the brim with the latest in flame-resistant construction technology, including automatic steel doors to seal off the ignited area and widespread smoke detecting and fire suppression systems. They must meet rigorous requirements set by international classification societies and appease insurers who are risking multimillion-dollar policies.

What they do need more of, though, is upkeep.

Constant Maintenance

“Typically, however the boat is classed, with whatever regulatory society, you have to do an annual [inspection] with them,” Foggia said. The ship’s crew, which can run several engineers deep on a superyacht, also has to maintain certificates to prove they can keep the vessel seaworthy.

This doesn't come cheap: The U.S. Superyacht Association estimated the annual cost for operating a 180-foot yacht to be $4.75 million, or roughly an annual expense of about 10 percent of the yacht’s original cost. More space means more equipment, which means more crew, not just while the boat is in use, but also year round. In addition, every 10 years yachts require significant maintenance, according to Richard Merhige, the president of Advanced Mechanical Enterprises, a certified marine engineering firm based in Fort Lauderdale. If a superyacht is not maintained at an expert level, the sheer size and complexity of the vessel lends itself to more problems that can pose a danger the longer they are ignored. 

“We once had to do an emergency repair on a yacht—it had a commitment with guests coming for a charter in Tahiti,” Merhige recalled. “We had to fly our technician halfway around the world. It was quite a logistical challenge. There are a lot of areas that are not as well equipped as Fort Lauderdale.” 

A Fire in Antarctica

Another potential challenge: location. With a newer, younger wave of ultra-high-net-worth owners setting course for more unusual, remote locations—think Antarctica, notAntigua—insurance can become a challenge. Superyacht owners who don’t disclose their locations in advance could find themselves footing the bill if something goes wrong in a destination not secured in their insurance contract. (Same as if you brought your car to Mexico or Canada, for instance.)

If a yacht valued at $10 million is based in Fort Lauderdale and travels regularly around the Caribbean, Nancy Sprigg, yacht department manager of the Gowrie Group, estimates the insurance would be $75,000 to $100,000 annually, though it “could be higher, depending on where they go and how many crew they have.” If the yacht suffers a total loss at a previously approved location, the insurance firm typically foots the bill. “But on a partial loss, the deductible is usually a percent of the hull value,” Sprigg said. That’s $100,000 for the $10 million yacht.

Yacht brokers widely agreed that most yacht owners, including superyacht owners, typically purchase extensive insurance packages, including coverage on everything from vicious waves to total destruction by a giant squid. While not as rare as squid attacks, fires also aren’t the bulk of Sprigg’s concern.

“There are years we don’t have any fire claims,” she said of the Gowrie Group, where she’s dealt with around 25 such claims over the past 40 years. Collisions are the most frequent issue. “When it comes to fire, arson is an exclusion. If there is a fire on a boat, they have to do their due diligence and find out the cause of origin. It has to be investigated by the fire marshal.” That means investigators, surveyors, repairmen, marina owners, and local authorities, depending on the circumstances.

“I’ve seen a fire that occurred because of a construction worker nailing down planking on a dock,” Joe Lobley, a Maine-based marine surveyor, recalled. “One of the nails went through and hit a wire. There’s a lot of variables there.”

As for arson, superyacht owners aren’t likely suspects.

“Its highly unlikely that somebody would torch it just to get the insurance money,” Sailor said. “I’m sure crazier things have happened, but its not as easy as that.”

After Worst Year Ever, PC Sales Off to Another Bad Start in 2016

Global shipments of personal computers, once a major backbone of both consumer and corporate IT spending, started the new year with another decline in the first quarter, according to data from the research firm Gartner, out today.

Vendors like Lenovo, HP Inc. and Dell shipped a combined 64.8 million units in the period ended March 31, down from 71.7 million in the same period a year ago. HP saw the worst decline, as its unit sales fell 9 percent, followed by Lenovo — the world’s market leader — whose shipments fell by more than 7 percent. Shipments by privately held Dell fell the least, by only 0.4 percent. Apple and Asus both increased their shipments, by 1.5 percent and 1 percent, respectively.

HP also had a rough time in the U.S. market, where its shipments fell to 3.1 million units, or 17 percent, from the same period in 2015. Dell overtook HP in the U.S. with a 26 percent share of the market, and grew its shipments by 3 percent. Lenovo was third, and grew its shipments by more than 14 percent. Shipments of Apple’s Mac declined slightly, Gartner said. Overall shipments in the U.S. market declined by more than 6 percent, to 13.1 million, from more than 14 million last year.

The latest decline comes on the heels of the biggest year-on-year decline in the history of the PC industry, as annual unit shipments fell below 300 million for the first time since 2008. The decline is also occurring despite a multi-million dollar joint marketing campaign by PC vendors and Microsoft.

Update: Figures from IDC, another research firm, are out today too, and they show a similar drop — but with some differences likely due to its figures’ inclusion of Chromebooks. (Gartner doesn’t consider a Chromebook to be a PC.)

IDC counted a smaller 60.6 million PC shipments worldwide, but that amounted to higher decline of 11.5 percent from nearly 68 million in the first quarter of 2015. IDC put Apple in fourth place globally ahead of Asus, while Gartner ranked them the other way around.

In the U.S. market IDC observed the same resurgence by Dell in overtaking HP. It also credited Apple with boosting its shipments of Macs by more than 5 percent. We’ll get a clearer picture after Apple and HP report quarterly sales in the coming weeks.

El profeta es un transmisor (Ricardo Tribin)

E N   U N   M I   O P I N I O N El profeta enseña, el oyente escucha, y solo interrumpe, para preguntar algo meritorio de aclaración, y no de cuestión. Profetas pueden ser algunos, pero no todos. Me agrada mucho Gibran Khalil Gibra cuando en su célebre libro El profeta afirma cosas como la siguiente : “Una mujer que llevaba un niño en los brazos le preguntó sobre los hijos y él dijo: “Sus hijos no son sus hijos, son los hijos del ansia de la vida por sí misma. Ustedes son los arcos con los que sus hijos, cual flechas vivas, son lanzados”.  “Y la sabiduría para reconocer la diferencia”, expresa la reconocida oración de la Serenidad atribuida a Reinhold Niebuhr. (Wrigth City, 1892-Stockbridge, 1971) y a otros autores más aun no precisado completamente su origen, la cual expresa lo siguiente ““Dios, concédeme la serenidad para aceptar las cosas que no puedo cambiar, el valor para cambiar las cosas que puedo cambiar y la sabiduría para conocer la diferencia; viviendo un día a la vez, disfrutando un momento a la vez; aceptando las adversidades como un camino hacia la paz; pidiendo, como lo hizo Dios, en este mundo pecador tal y como es, y no como me gustaría que fuera; creyendo que Tú harás que todas las cosas estén bien si yo me entrego a Tu voluntad; de modo que pueda ser razonablemente feliz en esta vida e increíblemente feliz Contigo en la siguiente. Amen.”  De ahí que, evocando de nuevo a Gibran recordemos lo que una sacerdotisa expresó: “Dinos sobre la razón y la Pasión. Y él respondió: Las almas son un campo de batalla de la razón y la pasión, pero debemos elevar la razón a la altura de la pasión, y, como el fénix, realza de sus propias cenizas. Cuando compartan la paz y la serenidad de los campos entonces diremos con nuestro corazón que Dios reposa en nuestra Razón; y cuando el viento poderoso sacuda los bosques entonces diremos con respeto: Dios actúa la pasión”. http://ricardotribin.blogspot.com Miami, Abril 6 de 2016 Invito a ver mi Coaching Video # 6 "El sufrimiento es opcional" entrando a  https://www.youtube.com/watch?v=_k9CwrnKC08

Majority of Millennials Have 'No Idea' When Student Loans Will Be Paid Off

More than a third of millennials say they wouldn't have attended college at all had they known the extent of the costs in advance.

The path to freedom from student debt is a long, winding, and arduous one with no end in sight for millennials. A new survey conducted online in February by research agency TNS on behalf of Citizens Bank found 59 percent of those polled have "no idea" when they will be able to pay back their student debt.

The survey found millennials, defined as those between the ages of 18 and 35, have an average student debt of $41,286.60. That's significantly higher than the national average amount of debt for college graduates, which the Department of Education determined is $29,400. Not every millennial knew how much debt he or she carries: 15 percent of those polled by TNS said they weren't sure what their student loan balance was, and more than a third didn't know what the interest rate is on this debt. 

Those polled also had a limited understanding of the intricacies of their student debt. Almost half said they "don't understand" how privatized student loans work, and 44 percent said they don't entirely grasp the difference between federal and private student loans. About a third had never even heard of student debt refinancing.

The millennials who are paying down their burdensome debt are cutting down on eating out, entertainment, and vacations to do so, the survey found. Eight percent said they don't plan to pay back the debt at all, while another 8 percent hope to defer the loan payments by going back to school. 

The majority of millennials said they regret taking out as many loans as they did, but a third took it a step further, saying they wouldn't have attended college at all had they known the extent of the costs in advance. 

STATE ATTORNEY'S OFFICE NEWSLETTER

STATE ATTORNEY'S OFFICE  NEWSLETTER  I want to thank the National Association of Social Workers (NASW) who recently honored me with their 2016 Elected Official of the Year in recognition of my leadership in human services and dedication to serving the community. The NASW is the largest organization of professional social workers in the world with more than 150,000 members in 56 chapters nationwide. The Miami-Dade Unit of the NASW, Florida Chapter, represents over 500 professional social workers in Miami-Dade and Monroe counties. The group is dedicated to providing humanitarian and financial assistance to individuals and communities in times of crisis. Always striving to make this community better has been my singular goal as State Attorney. Finding creative ways to improve our community and make it a safer place to live and raise our families has always been one of my guiding principles. I am proud that our pioneering successes have garnered state and national attention. It is an honor to have been chosen by such a dedicated group of true humanitarians to receive this recognition. I also want to express my gratitude to the Florida Association of Women Lawyers (FAWL) of Miami-Dade for selecting me for their 2016 Women Making History Award. FAWL's mission is to actively promote gender equality and the leadership roles of FAWL's members in the legal profession, judiciary and community at large. They are dedicated to actively promoting the advancement of women in the legal profession, expanding the leadership role of its members in the community at large, and promoting women's rights. Given FAWL's important goals, receiving the 2016 Women Making History Award is a mark of special recognition that I both appreciate and will always treasure.                                                           Sincerely, Keeping Our Streets Safe and Clean State Attorney's Office staff participated in a Keep Miami Gardens Beautiful event at Carol City Park hosted by Miami Gardens Vice Mayor Felicia Robinson and Councilman Erhabor Ighodaro.   SAO staff joined over  200 volunteers who walked the park and its surrounding areas picking up and disposing of litter to improve the attractiveness of the city and to create a healthier environment for all the residents of Miami Gardens. SAO staff worked hand in hand with these volunteers from other organizations, such as City Year, Kiwanis International, and the Miami Gardens Police Department. For more information regarding future events and to volunteer to Keep Miami Gardens Beautiful, call 786-279-1261. Offender Jailed in "Revenge Porn" Case Source: Florida Department of Motor Vehicles Antonio Giansante Garcia has pled guilty to providing accessibility of nude and sexually explicit photos to his ex-girlfriend's employer, supervisors and fellow workers. The goal of such actions was to embarrass the victim before her professional associates. Search warrant records indicated that Giansante's ex-girlfriend left him in 2012 "...due to his jealousy and possessiveness toward her", stating that the relationship was "unhealthy". During their long-term relationship, Giansante had taken a number of nude photographs and explicit videos without the victims consent. Coworkers, their husbands, and supervisors were all made aware of this material via 'friend' requests from fraudulent Facebook accounts set up by I.T. professional Giansante. The victim was a minor at the time the photos and video were taken which allowed a criminal prosecution to proceed. Prior to 2015, Florida law would not have supported criminal prosecution in that year had these same actions occurred and the victim been an adult. "Revenge Porn is a tool for a spurned former partner, spouse or lover to gain power and control over someone," commented State Attorney Katherine Fernandez Rundle. "It is a means of breaking the will and destroying the reputation and self-image of someone the criminal claims to have loved. Mr. Giansante's plan for dominance was spoiled by this victim's courage in coming forward to prosecute this crime." State Attorney Katherine Fernandez Rundle and a coalition of victim advocates, including Miami-Dade FAWL, were able to convince the Florida Legislature last year to enact legislation which now makes "revenge porn" a crime. State Attorney Speaks at Black Nurses Assoc. Event State Attorney Katherine Fernandez Rundle spoke to a sold-out crowd during The Miami Chapter of the Black Nurses Association's  first "Call to Action against Gun Violence" event.    The mission of the Miami Chapter of the Black Nurses Association is to investigate, define and determine what the health needs of African Americans are and implement change to make them available to African Americans and other minorities. Black Nurses have the understanding, knowledge, interest, concern, and experience to make a significant difference in the health care status of the African American Community.    Addressing the nurses about gun violence at the Betty T. Ferguson Center in Miami Gardens, the State Attorney commented, "I deeply believe that it takes a partnership of citizens, law enforcement and prosecutors to get these shooters off our streets. We cannot let our community be ruled by these neighborhood terrorists who want to manipulate us to fear them, to respect them, and worse, to give them what they want; the very power over life and death. To be silent is to give up all of one's hopes and dreams." Company Owner Charged For Defrauding Airport Source: Miami-Dade Corrections Department As a result of a joint investigation by the Miami-Dade State Attorney's Office and the Miami-Dade County Office of the Inspector General, Luis Alberto Ramirez, the former President, Vice President, Secretary, and the former sole owner of Aviation Main Services, Inc. (AMSI), a company performing services at the Miami International Airport (MIA), has been arrested and charged with Organized Scheme to Defraud over $50,000 and Grand Theft over $100,000, both    First Degree Felonies. Ramirez has since sold his majority interest in AMSI. Before this sale, both a Miami Dade County Audit and the subsequent joint criminal investigation found that AMSI/Ramirez had "misstated" its gross revenues reported to the Miami-Dade Aviation Department (MDAD) and had underpaid its opportunity fees. The losses to MDAD total $376,809. While AMSI has provided the services at MIA since 1992, the investigation focused on losses from 2009 to 2015. AMSI is a private company approved through MDAD permits and/or lease agreements to provide ramp services to multiple cargo airlines and cargo clients at MIA. Once AMSI is hired by a client, the client calls AMSI for services prior to the arrival of a cargo aircraft. AMSI meets the aircraft and performs the requested services, which can include: "ground support services" such as aircraft towing and aircraft guidance in and out of parking positions.  The MDAD/AMSI permits and/or lease agreements required AMSI to pay specific fees, called opportunity fees, based upon AMSI's gross revenues. These opportunity fees, set by the Board of County Commissioners, are 7% of gross revenues derived from ground support services and 3% of gross revenues derived from line maintenance services. Mr. Ramirez admitted that he billed his customers the correct 7% opportunity fee for ground support services rendered. He then falsified records submitted to MDAD to make it falsely appear as if AMSI had performed line maintenance services instead. He then paid MDAD the lesser 3% fee and pocketed the 4% difference. "This case is a message for those who think they can cheat our local government and get away with it," noted State Attorney Katherine Fernandez Rundle. "There will be a high personal cost for those nickels, dimes and dollars fraudulently siphoned from taxpayers, because you will be arrested and you will find yourself standing inside a jail cell. Investigators, like those at the Miami-Dade County Office of the Inspector General, and my prosecutors will see to that." Prosecutor of the Year The Miami-Dade Police Chiefs Association and the Law Enforcement Officers Charitable Foundation hosted its 16th Annual LEO Gala at Jungle Island. This annual event, often called the "Academy Awards" for law enforcement officers, is intended to recognize outstanding members of the law enforcement community for their excellence in their specific areas of work and expertise.    This year, Assistant State Attorney Isis Perez was selected for  the 2016 Prosecutor of the Year Award for her decades of service, past successes, and more recent successes as a member of the State Attorney's Office's Public Corruption Unit.    Isis began her career as an ASA in 1990 and has just completed her twenty-fifth year with the office. Her first assignment was in the misdemeanor division and she transferred thereafter to the felony trial divisions where she successfully served as a third, second, and first degree felony prosecutor. After these assignments, Isis was promoted to Chief of County Court where she supervised combined general misdemeanor, traffic misdemeanor, and domestic violence courts.    After her assignment to the Sexual Battery Unit, Isis was promoted to the position of Division Chief in the Felony Trial Divisions where she was assigned to investigate and prosecute homicides.    While she was a Felony Division Chief, Isis prosecuted a defendant who crashed into an on-duty Florida Highway Patrol Officer, seriously injuring her and ending her law enforcement career. That defendant was convicted at trial and while awaiting surrender for the commencement of his state prison sentence, escaped from the jurisdiction.    After over a decade of collaboration with local, state and federal law enforcement officers, that defendant was recently extradited from Panama and is now in state prison serving a ten-year state prison sentence. The former Trooper was present in the courtroom upon his return to the United States and before he was sent to state prison.    Isis has now been in the State Attorney's Office's Public Corruption Unit for over a decade. During that time, she has successfully prosecuted numerous public officials and employees. Most notably, Isis successfully prosecuted a law enforcement officer who tarnished his badge and dishonored all of us in law enforcement by committing an armed car-jacking using his assigned unmarked police car; that officer is currently in state prison.    Recently, Isis was also lead in the investigating prosecution team that identified a law enforcement officer who committed a grand theft and was dealing in stolen property; that officer is now also in state prison. More recently, Isis was the lead attorney in the investigation and prosecution of the owner and Chief Executive Officer of a multimillion dollar string of for-profit medical colleges. He was convicted of crimes involving election financing fraud. The schools have since been shuttered.    Finally, Isis recently completed a long term investigation and jury trial that resulted in the conviction of the Mayor of a major municipality in Miami-Dade County. That mayor had solicited and received payment from a private third-party source to advance claims made by a private developer.    Along the way, Isis has been lead trial counsel in dozens and dozens of jury trials and has served as mentor to countless young lawyers at the State Attorney's Office. State Attorney's Office Alumni Profile  Cynthia Everett, City Attorney, City of Fort Lauderdale Cynthia A. Everett doesn't remember exactly when it was that she realized that she wanted to be a lawyer. "One of my childhood friends says that I said it in elementary school but I don't remember. What I do remember is that in college, being a lawyer became my goal," she recalls.    Born in Connecticut, Ms. Everett moved around quite a bit. Her father was in the military and they lived all over the country including four years in Alabama and four years in New York. "You learn a lot from living in different places especially that people are pretty much the same wherever you go."    Eventually they moved to South Dade where Ms. Everett has family. She received her undergraduate degree in Government from Florida State University and later her Juris Doctorate from George Washington University School of Law in 1982.    "I had only applied to law schools in the DC area but when I graduated I wanted a change of scenery. So when The Miami State Attorney's Office came to interview at my school, I applied. I also wanted to be close to my family."    "Once hired, I thought that I was going to have the summer off to study for the Florida Bar Exam, but I was asked to start in the middle of June and work as a Certified Legal Intern in the Criminal Intake Department." Ms. Everett was working and studying during this time and after passing the Bar, she then joined the fall class when it began in August. "Jay Novick was our trainer and he was excellent. We were on the second floor of the Gerstein Building and it was a freezer in there. I used to have to wear gloves because it was so cold," she exclaims with a nostalgic laugh.    "The best opportunity for us as new prosecutors was to go and watch the senior attorneys that were legends in the legal community, in action during a trial. It was the best classroom ever." Ms. Everett recommends that young prosecutors do that and also feel free to pick the brains of the most senior attorneys. "You can learn from everyone," she advises. "I knew that Cynthia would always be a star, no matter what legal theater she chose to enter," commented State Attorney Katherine Fernandez Rundle. Her successes have not just been based on pure talent and intelligence alone, but also on her ability to quickly evaluate a situation, find those common points of agreement, and bring people together. No wonder Cynthia is so highly respected in South Florida's governmental spheres."    "When I was at the SAO, State Attorney Katherine Fernandez Rundle was counsel for the Grand Jury. Because of the nature of the Grand Jury process, there was always an air of mystery and a curiosity as to what was going on," she quips. "What Kathy has done over the years is amazing, especially in a field where women are judged differently than men. She came up through the ranks and is respected and supported by the community. Kathy is a great role model and she is also a friend." After her time in County, she went on to serve in Juvenile for a short time and then on to Felonies. During her time in the Felony Division, there was a case that still makes her emotional to this day. As she was recounting the story, she was moved to tears as the retelling of it brought it back to life for her.    "It was a felony murder case involving a mother and daughter as victims. The defendant attacked the mother as she got out of her car and tried to steal her purse. The daughter tried to help her mother. In her rush to help her mother, she didn't put the car in "park" and the mother ended up being crushed and killed by the moving car. It was so heartbreaking. Every so often I run into the daughter and we talk. I get quite emotional just thinking of the case."    Ms. Everett's passion is truly part of her strength and success as a lawyer. After her time at the SAO (1982-1989), she went on to practice Civil Litigation at the U.S. Attorney's Office (1989-1995) before going into private practice with a small firm (1995-1997). She returned to public service in 1997 as City Attorney for the City of Opa-Locka until 1999. Ms. Everett then opened up her own law practice (1999-2013) in which she counted the Village of Pinecrest as one of her clients. In 2013, Ms. Everett returned to government as City Attorney for the City of Fort Lauderdale.    Although Ms. Everett has had an illustrious career and various positions, she tells young prosecutors that being an Assistant State Attorney is the best job that they will ever have. "Enjoy your time there and make friendships because they will last a lifetime!"    Ms. Everett's advice to prosecutors: "Listen, watch and learn. I was given great advice and that is to be open and receive information and advice from senior prosecutors. You need to be yourself but adapt and grow."    "Remember that as prosecutors, jurors are judging you too; your appearance... your demeanor...everything. So especially regarding your appearance, it's better to err on the side of what is classic and professional. Also, you have to know your jury and adapt your message to best reach them."    "But most of all you need to walk into that courtroom being prepared and just own it." Courthouse Highlights Senior Trial Counsel (STC) Gail Levine & Assistant State Attorney (ASA) Chris Flanagan obtained a 1st Degree Murder conviction before Judge Tinkler-Mendez. ASAs Robert Guinn and Marbely Hernandez got a guilty verdict in a very complicated trial before Judge Pooler wherein the defendant was convicted in a multiple count Armed Sexual Battery/Armed Kidnapping case. STC Michael Von Zamft & ASAs Alicia Priovolos & Derek Ko obtained a  1st Degree Murder and Attempted Armed Robbery conviction before Judge Hersch. The Child Support Program (CSP) Division staff collected $2,712.90 for South Florida families at the most recent outreach event held at Notre Dame D'Haiti Church. In one case, CSP staff collected a lump sum of  $80,545.84 in child support arrears administratively. ASA Danelle Bernten represented a custodial parent who was able to receive a $33,062.71 lump sum in child support arrears from the non-custodial parent's 401k plan.

Ten Legislators in Miami Earned an "A"...Legislative Report Card

Ten Legislators in Miami Earned an "A"

Today, the Florida Chamber released actual grades earned by all 160 members of the Florida Legislature on the Florida Chamber’s 2016 Legislative Report Card and announced legislators who earned Distinguished Advocate Awards in your region. The Florida Chamber’s Distinguished Advocate award recognizes lawmakers who fought tirelessly for the passage of pro-business legislation – no matter how difficult – and furthered the Florida Chamber’s goals of securing Florida’s future through job creation and economic development. The 14 members of the Florida Legislature honored with a 2016 Florida Chamber Distinguished Advocate award include: Representative Erik Fresen, who tirelessly advocated for numerous Florida Chamber education priorities, such as expanding school choice options and empowering students with unique abilities. According to the Florida Chamber’s 2016 Legislative Report Card: 30 Senators earned an “A” – up from 20 in 2015 80 Representatives earned an “A” – up from 61 in 2015, and Grade Point Average for Representatives was 90 percent and 91 percent for Senators – up from 83 percent and 89 percent respectively last year. The following legislators earned an “A” in your region: Representative Erik Fresen Representative Frank Artiles Representative Bryan Avila Representative Jeanette Nunez Representative Jose Oliva Representative Holly Raschein Representative Michael Bileca Senator Rene Garcia Senator Gwen Margolis Senator Anitere Flores

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View the full report card at www.LegislativeReportCard.com.