All three are permanently barred from the securities industry. The court also required Robert J. Jesenik, the firms former CEO, and Brian A. Oliver, its former executive vice president, to pay $940,806 and $235,928, respectively, in disgorgement and interest. Sam Kauffman is MacRitchies attorney. Email USAO-OR. One of Aequitas biggest moneymakers disappeared almost overnight. Official websites use .gov The default came to attention of the U.S. Securities and Exchange Commission, which sued Aequitas in March 2016 and got the company shut down. He argues he needs the money to help defray losses suffered by Aequitas investors. He is scheduled to be sentenced on Aug. 5. Gillis, who was previously indicted for conspiring to submit false statements to a federally insured creditor, was the companys chief operating officer and chief financial officer. A locked padlock Gillis was the second Aequitas chief financial officer. Main Office: If you purchase a product or register for an account through one of the links on our site, we may receive compensation. He also established Aequitass New York Office and directed Aequitass Lux Fund, a Luxembourg-based fund used to solicit international investors. They agreed to plead guilty and cooperate with the government. A .gov website belongs to an official government organization in the United States. He was the British honorary consul to Portland. There was the commercial lender. They also have people who have helped raise money and sell businesses so they can help with that too. ) or https:// means youve safely connected to the .gov website. If you need help with finances, they've got that covered. | Privacy Statement. But now it has a bigger problem: farmers are revolting against restrictions on how they repair complex equipment. Plea Petition and Plea Agreement signed and accepted by the Court. A locked padlock Jesenik also must pay a civil penalty of $625,000. Former Aequitas executives and co-conspirators Brian A. Oliver and Olaf Janke previously pleaded guilty to conspiring to commit mail and wire fraud and money laundering on April 19, 2019, and June 10, 2019, respectively. Once a high-flying Lake Oswego . Luminaries from the downtown business establishment wanted to join the team. CEO Robert Jesenik will have to pay $1.57 million to settle fraud charges, while executive vice president Brian A. Oliver and former CFO N. Scott Gillis will each have to pay hundreds of thousands of dollars as part of a consent decree finalized in Oregon federal court on April 13. Federal prosecutors have already cut guilty plea deals with two former Aequitas executives. The company's general counsel just quit. Gillis faces a maximum sentence of 30 years in prison, an $8.4 million fine, and five years supervised release. Investors had been bilked out of hundreds of millions of dollars, the SEC said. There was no more hiding the fact that Aequitas was broke. MacRitchie, a former ScottishPower and PacifiCorp executive, said in court filings that he too has incurred defense costs in connection with the DOJ investigation. Whether prosecutors consider MacRitchie a target or witness or some other category is unclear. II. On January 26, 2023, a California man who evaded federal authorities for more than two decades after being convicted at trial and who was wanted in District of Oregon for District of Oregon Theyve got a team that really loves entrepreneurship and is equipped with different skill sets. On March 16, 2016, pursuant to the Stipulated Interim Order Appointing Receiver, the Receiver was appointed as receiver . (See separate order.) If you missed the last issue of InvestmentNews, you can access it here. Among his responsibilities, Rice oversaw the solicitation of investments through registered investment advisors (RIA) and managed Aequitass affiliated RIAs. Marketing? The current Aequitas Capital Management lawsuit was brought on by the heirs of Matthew Ledger. U.S. Attorney's Office, District of Oregon, Former Aequitas Senior Executive and Chief Financial Officer Pleads Guilty to Making False Statements to a Creditor, Forsage Founders Indicted in $340M DeFi Crypto Scheme, Russian Cryptocurrency Money Launderer Pleads Guilty, Former Fugitive Wanted in Oregon for Real Estate Scam Pleads Guilty, Former Aequitas Senior Executive and Chief Financial Officer Pleads Guilty To Making False Statements To a Creditor. Guilty pleas entered as to Counts 1 and 2 of the Information. In anticipation of the institution of these proceedings, Respondent has submitted an Offer . Wealth Management as an industry doesnt understand direct real estate and real estate certainly doesnt understand wealth management, says Realized founder David Wieland. The court appointed receiver now in charge of whats left of Aequitas opposes Rices and MacRitchies request for access to the insurance money. Aequitas borrowed funds from other financial institutions, including Wells Fargo Bank, N.A., to purchase these trade receivables. Brian received a Bachelor of Science degree from Oregon State University. It is free to register and only takes a minute or two. Defendant proceeds as named. brian oliver, aequitas brian oliver, aequitas Home Realizacje i porady Bez kategorii brian oliver, aequitas Oliver and his co-conspirators also failed to disclose other critical facts about the company, including its near-constant liquidity and cash-flow crises, the use investor money to repay other investors and to defray operating expenses, and the lack of collateral to secure funds. From June 2014 through February 2016, Oliver and others solicited investors by misrepresenting the companys use of investor money, the financial health and strength of Aequitas and its related companies, and the risks associated with its investments and investment strategies. Jesenik, a former resident of West Linn, Oregon, is charged in a 32-count indictment with conspiracy to commit mail and wire fraud, wire fraud, bank fraud, and money laundering. Aequitas investors lost about $600 million after the collapse. Bob Jesenik and Brian Oliver, the long-time chief executive and second-in-command at the Lake Oswego financial firm, said any misstatements they may have made to investors were simply. Nelson Scott Gillis, 69, of Lake Oswego, Oregon, pleaded guilty to one count of making a false statement to a bank. Thom Maher is launching a firm, Maher Wealth Management, in Phoenix. He was even on the board of the Arlington Club. But prosecutors allege the Aequitas executives lied about the firms financial performance. This story was revised on Aug. 21, 2020 to correct some details about Brian Rices professional background. | Recent Lawyer Listings By early January 2016, Aequitass general counsel advised Gillis and other executives that the company would soon default on payments due to Private Note investors, causing an event of default on Aequitass loan agreement with Wells Fargo. The court also required Robert J. Jesenik, the firm's former CEO, and Brian A. Oliver,. In April, Brian Oliver, Aequitas. Subsequent reports detailed Aequitas default on its debt, the resulting panic among investors, the secret conflicts, and the firms strange cultural mashup -- part Wall Street investment bank, part frat party, part Bible class. If convicted on all charges, each of the defendants could face decades in prison and millions of dollars in fines and restitution, as well as five years supervised release following their prison terms. President, Cathedral Finance|Senior Advisor. It entered into a deal to buy student loans from Corinthian, the notorious for-profit college. Aequitas specialized in debt. All rights reserved (About Us). 04/19/2019 12 Minutes of Proceedings: Entry of Plea Hearing held before Judge Michael W. Mosman for Defendant Brian A. Oliver. Lock 2023 Advance Local Media LLC. Oliver is the first former Aequitas Capital executive to be criminally charged. He pled guilty but has not yet been sentenced. Greenspan uncovered a remarkable email exchange between Aequitas co-founder Brian Oliver and Andrew MacRitchie, the firm's one-time chief compliance officer, which seems to indicate they were. But I think my clients will be thrilled. In January 2014, shortly before joining Aequitas, he was named to the Portland board of directors of the Federal Reserve Bank of San Francisco. Use of editorial content without permission is strictly prohibited|All rights reserved, Securities and Exchange Commission complaint filed in 2016, Aequitas meltdown underscores the importance of due diligence, caution, Fintech Bytes: RBC selects Vestwell, Riskalyze partners with Opto, Morgan Stanley ESG ETFs get the cold shoulder, HSA participants fail to take full advantage of tax trifecta, Investors keep dumping Blackstone REIT shares, Striving to win at compassion? Chris Kayser, a Portland lawyer who represented 120 people who had invested in Aequitas, saw firsthand how unsophisticated investors were taken advantage of. I have really enjoyed working with Seth, Brian and the Cathedral team.. Aequitas collapsed in 2016 owing about $600 million to investors. Rice included in his court filings a copy of an April 23 letter from the U.S. Attorneys office in Portland informing him that you are a subject of a federal criminal investigation concerning fraud that occurred at Aequitas.. Court finds defendant capable and competent to enter plea. Brian Oliver President, Cathedral Finance | Senior Advisor Brian has over 30 years experience in providing corporate finance and consulting solutions to small and medium sized businesses. The high-interest loans were terrible for students. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). The third policy is now being consumed even though the criminal case is just getting underway and the pool of potential defendants is expanding. Plus, Jeseniks monthly legal fees approximately quadrupled after he hired new counsel in approximately March 2017. PORTLAND, Ore.U.S. Attorney Billy J. Williams announced today that Robert J. Jesenik, 61, a former chief executive officer of Aequitas Management, LLC and several other Aequitas-owned entities, has been indicted along with three other former company executives for their roles in a fraud and money laundering conspiracy. Rueben Iniguez, a lawyer in the federal defenders office in Portland, is representing Jesenik. They also have people who have helped raise money and sell businesses so they can help with that too. 2 executive Brian Oliver pleaded guilty to the same charges in April. Attorney Billy J. Williams announced today that Brian A. Oliver, a former owner and executive vice president of Aequitas Management, LLC and several other Aequitas-related companies has pleaded guilty to conspiring to commit mail and wire fraud and money laundering. Oliver faces a maximum sentence of 30 years in prison, a $250,000 fine or twice the gross monetary gains or losses resulting from his crimes, and three years supervised release. Oliver was also charged criminally for his conduct. Community Rules apply to all content you upload or otherwise submit to this site. Sentencing materials are due no later than 7/31/2019. Gillis was the second Aequitas chief financial officer. The firm sold more than $300 million worth of private investment notes, mostly through financial advisers. This case is being investigated by the FBI, IRS Criminal Investigation, and the U.S. Department of Labor Employee Benefits Security Administration. Oliver also was charged criminally for his conduct and has pled guilty, but has not yet been sentenced. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. They've got that too. A .gov website belongs to an official government organization in the United States. The Government does not seek detention and Defendant is released on conditions. Oliver was originally scheduled to be sentenced on Aug. 5, but the sentencing date was moved to Nov.. Brian and his wife of 30 years live in Aurora, Oregon where they raised their family. It is being prosecuted by Ryan W. Bounds, Christopher Cardani and Siddharth Dadhich, Assistant U.S. 2023 InvestmentNews LLC. RIA Intel is part of Delinian. Brian Rice and Scott Gillis, two of the company's six senior partners, resigned in recent weeks. He will be sentenced on June 27, 2023 by U.S. District Court Judge Michael H. Simon. Brian has been a Senior Advisor with Cathedral Consulting since 2017. ORDER Defendant released on previous conditions. Lock From June 2014 through February 2016, the former executives solicited investors by misrepresenting the companys use of investor money, the financial health and strength of Aequitas and its related companies, and the risks associated with its investments and investment strategies. Share Your Design Ideas, New JerseysMurphy Defends $10 Billion Rainy Day Fund as States Economy Slows, What Led to Europe's Deadliest Train Crash in a Decade, This Week in Crypto: Ukraine War, Marathon Digital, FTX, Exec VP & Pres:Financial Svcs, Aequitas Capital Mgmt Inc. This case is being investigated by the FBI, IRS Criminal Investigation, and the U.S. Department of Labor Employee Benefits Security Administration. A .gov website belongs to an official government organization in the United States. Brian A. Oliver, age 51, resides in Aurora, Oregon. He is scheduled to be. In addition, it said Gillis agreed to be permanently suspended from appearing and practicing before the SEC as an accountant and cannot work as an auditor for pubic companies. Realized Launches Game Changing Platform for Direct Real Estate Investment, The CFP Board Calls Out Crypto in Code of Ethics and Standards, Modern Slavery Act Transparency Statement. Reset here, 1999 - 2023 citywire.com. (Court Reporter Ryan White) (kms) (Entered: 04/19/2019) Brian Oliver - Senior Advisor & President, Cathedral Finance - Cathedral Consulting | LinkedIn Brian Oliver At Cathedral we help entrepreneurs with momentum build value in their business. Counsel Present for Defendant: Whitney Patrick Boise and Kendra M. Matthews. U.S. Attorney's Office, District of Oregon, Former Aequitas CEO and Senior Executives Indicted in Fraud and Money Laundering Conspiracy, Forsage Founders Indicted in $340M DeFi Crypto Scheme, Russian Cryptocurrency Money Launderer Pleads Guilty, Former Fugitive Wanted in Oregon for Real Estate Scam Pleads Guilty, Former Aequitas CEO and Senior Executives Indicted In Fraud and Money Laundering Conspiracy. Jesenik will have to pay $1.57 million in disgorgement, interest and penalties, while Oliver will pay $235,928 in disgorgement and interest, and Gillis will pay a $300,000 civil penalty. It is being prosecuted by Scott E. Bradford and Ryan W. Bounds, Assistant U.S. But it appears they are far from done. Both Rice and MacRitchie have asked the court for access to Aequitas insurance money to cover their defense costs. PORTLAND, Ore.U.S. A Salem, Oregon man pleaded guilty today for using Twitter to threaten violence against employees of Robinhood Markets, Inc., an online financial services company based in Menlo Park, California. It was actually a giant Ponzi scheme, they said, in which the company relied on money from new investors to repay the old. The SECs complaint, filed on March 10, 2016, alleged that Aequitas Management and four affiliates defrauded more than 1,500 investors nationwide when that money was being used primarily to cover operating losses and to pay earlier investors in a Ponzi-like fashion, according to an April 24 SEC press release on the final judgment. Brian A. Oliver, a former owner and executive vice president of Aequitas Management, LLC and several other Aequitas-related companies pleaded guilty to conspiring to commit mail and wire fraud and money laundering. Not guilty pleas and denial of forfeiture allegation entered. PORTLAND, Ore.U.S. A lock ( | Advertising Arraignment held for Defendant Brian A. Oliver on Counts 1 and 2 of the Information. If the sentencing materials are not received on time or the Court is not advised that none will be filed, the sentencing may be rescheduled. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Another was a utility executive who helped change Portlands business landscape. Irvine, California-based Eric Gallinger is affiliating with LPL through Stratos Wealth Partners. Our team of expertsis available to help your business build value in a variety of ways including: assessments, strategic planning, corporate financing, M&A support, market research, growth marketingandmuch more! As part of their plea agreements, they have both agreed to pay restitution in full to their victims as determined and ordered by the court. Probation. Brian Rice and Scott Gillis, two of the company's six senior partners, resigned in recent weeks. 2020 update: Aequitas investors recoup some money. As Aequitas grew, its profile in the community also increased. As part of his plea agreement, Gillis has also agreed to pay restitution as determined by the government and ordered by the court. Aequitas Management, the Oregon-based RIA accused in 2016 of running a massive Ponzi-like scheme, and its top executives have finally settled with the Securities and Exchange Commission. By late 2015, Aequitas was suffering one of its periodic cash flow crises. They hurt a whole lot of people.. Recently, MacRitchie has incurred defense costs in connection with the DOJ investigation and expects to continue to incur Defense Costs in that matter, his lawyer said in a court filing. Main Office: With love for the 60/40 portfolio fading, 50/30/20 looks to be the cool new kid on the block. SEC charges advisor over Aequitas conflicts of interest. U.S. Attorney's Office, District of Oregon, Criminal conspiracy could have cost investors more than $600 million, Former Aequitas Owner and Executive Vice President Pleads Guilty in Fraud and Money Laundering Conspiracy, Salem Man Pleads Guilty for Using Twitter to Threaten Violence Against Robinhood Employees, FBI and Partners Issue National Public Safety Alert on Financial Sextortion Schemes, Armed Robbery Crew Posing as DEA Agents Charged in Federal Court, Former Aequitas Owner and Executive Vice President Pleads Guilty In Fraud and Money Laundering Conspiracy. In a divorce settlement filed with the court, it's. Court: United States District Court for the District of Oregon (Multnomah County), Plaintiff's Attorney: Scott E. Bradford and Ryan W. Bounds, Defendant's Attorney: Kendra M. Matthews and Whitney Patrick Boise, 18:1341 and 18:1343 CONSPIRACY TO COMMIT MAIL AND WIRE FRAUD Aequitas also had tentacles spread throughout the RIA world. That has changed as the criminal case nears the indictment stage. Subscribe for original insights, commentary and analysis of the issues facing the financial advice community, from the InvestmentNews team. All three are permanently barred from the securities industry. Some money from new investors was allegedly used to pay earlier investors Now both have been sucked into the criminal fraud investigation of the collapsed firm. An official website of the United States government. B. ORDER Presentence Report to be prepared by U.S. As U.S. Judge Magistrate Paul Papak noted in an October 2017 ruling, at that point 61 percent of the defense cost payments went to Jeseniks lawyers. Cookie Settings/Do Not Sell My Personal Information. Please sign in or register to comment. Ameritrade and big law firms like Sidley Austin gave the local operation a sheen of legitimacy. 04/19/2019 11 Waiver of Indictment by Brian A. Oliver (schm) (Entered: 04/19/2019) I have really enjoyed working with Seth, Brian and the Cathedral team. Oliver was the companys primary fundraiser and shared responsibility for the operation and management of Aequitas-affiliated companies and investment products as well as for the use of investor money. Please read our Terms and Conditions, Modern Slavery Act Transparency Statement, and Privacy Policy before using the site. As such, he was responsible for the development and implementation of risk management and compliance processes and procedures. As part of the plea agreement, Oliver has agreed to pay restitution in full to each of victims as determined and ordered by the court. Brians experience encompasses a variety of positions across commercial banking, investment banking, alternative asset management, and business advisory services. PORTLAND, Ore.U.S. In these roles, he was responsible for directing Aequitass overall financial policies and accounting functions. Portland, Oregon 97204 Oliver faces a maximum sentence of 30 years in prison, a $250,000 fine or twice the gross . Theyve recovered much of that money in a series of civil lawsuits against the professional firms that worked for Aequitas. 04/19/2019 10 Minutes of Proceedings: First Appearance on Information and Arraignment held before Magistrate Judge Stacie F. Beckerman as to Defendant Brian A. Oliver on 4/19/2019. Court finds guilty pleas to be knowing and voluntary. 2023 RIA Intel, an Institutional Investor Publication. ) or https:// means youve safely connected to the .gov website. As part of the final consent judgment, the defendants are prohibited from soliciting anyone to purchase or sell a security and prohibiting them from participating in the issuance, offer, or sale of any security of an entity they control, the SECs release stated. 2 executive, on Friday pleaded guilty to conspiracy to commit mail and wire fraud and conspiracy to commit money laundering. Defendant advised of rights. A federal grand jury in the District of Oregon returned an indictment today charging four founders of Forsage, a purportedly decentralized finance (DeFi) cryptocurrency investment platform, for their roles in On February 6, 2023, a Russian cryptocurrency money launderer previously extradited from the Netherlands to face charges in the District of Oregon pleaded guilty in federal court. Marketing? Attorneys for the District of Oregon. PORTLAND, Ore.U.S. Aequitas Management LLC and four affiliates allegedly defrauded more than 1,500 investors nationwide into believing they were making health care, education, and transportation-related investments when their money was really being used in a last-ditch effort to save the firm. Brian provides Cathedral particular expertise in leading Merger & Acquisition transactions and arranging Corporate Finance solutions for its clients, after having been involved in extensive transactions of all sizes throughout his career. But the defendants have already spent more than $10 million on legal costs, exhausting the first two policies. He will be sentenced on August 5, 2019before U.S. District Court Judge Michael W. Mosman. Prosecutors claim the Aequitas executives misled company investors about how their money was being used. Brian Oliver, Aequitas Capital's longtime No. | Articles Cookie Settings/Do Not Sell My Personal Information. An official website of the United States government. They both opted not to talk. Email USAO-OR. Secure .gov websites use HTTPS PORTLAND, Ore.A former senior executive and chief financial officer of Aequitas Management, LLC, and several other entities formerly owned by Aequitas, pleaded guilty today to submitting a false statement to an Aequitas creditor to obtain a $4.2 million loan for the now-defunct company. Sentencing is set for 8/5/2019 at 9:00AM in Portland before Judge Michael W. Mosman. The Oregonian/OregonLive began investigating Aequitas in 2014, when it linked the firm to accusations of predatory student loans at Corinthian. Youve missed the point, Anxiety over tax refunds on the rise, Bankrate.com study shows, Gensler steps up warnings to money managers. The SECs complaint alleged that Jesenik and Oliver were aware of Aequitass calamitous financial condition yet continued to solicit millions of dollars from investors to pay the firms ever-increasing expenses and attempt to stave off the impending collapse of the business. It added that Gillis allegedly concealed the firms insolvency from investors and was aware that Jesenik and Oliver continued soliciting investors so that Aequitas could pay operating expenses and repay earlier investors with money from new investors.. Aequitas did make legitimate investments. A federal grand jury in the District of Oregon returned an indictment today charging four founders of Forsage, a purportedly decentralized finance (DeFi) cryptocurrency investment platform, for their roles in On February 6, 2023, a Russian cryptocurrency money launderer previously extradited from the Netherlands to face charges in the District of Oregon pleaded guilty in federal court. Then Corinthian went bankrupt. 1000 SW Third Ave Suite 600 Mike Esler, another attorney for Aequitas investors, credited federal prosecutors for sticking with an extremely complex case all the way to the indictment of Aequitas leader Jesenik. MacRitchie was the companys executive vice president and chief compliance officer. Secure .gov websites use HTTPS They've got that too. Jesenik, Rice, and MacRitchie are all on pre-trial release pending a five-week jury trial scheduled to begin on April 3, 2023. CEO Robert Jesenik will have to pay $1.57 million to settle fraud charges, while executive vice president Brian A. Oliver and former CFO N. Scott Gillis will each have to pay hundreds of thousands of dollars as part of a consent decree finalized in Oregon federal court on April 13. His attorneys have submitted bills for at least 2.7 million, far more than any other defendant. Rice, a longtime Portland banker who eventually became regional president for Key Bank, gave up the big downtown office to join Aequitas in 2014. MacRitchie oversaw all Aequitas accounting, legal, and audit functions, and participated in fundraising. Rice served as Aequitass executive vice president and president of wealth management. (kms) (Entered: 04/19/2019), Home He declined to comment. The sentencing for former Aequitas Capital executive Brian Oliver has been moved again. The agency on Wednesday barred Aequitas partial owner and chief executive Robert Jesenik, 60, partial owner and executive vice president Brian Oliver, 55, and former chief financial officer N. Forgot your password? Over the last few years Cathedral has really provided sage advice as weve been growing our green building companies. Gillis was the second Aequitas chief financial officer. Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com. The SEC alleges that CEO Robert J. Jesenik and executive vice president Brian A. Oliver were well aware of the firm's dire financial status but continued to solicit hundreds of millions of dollars in investments to stave off the firm's complete collapse. Six months later, on or about June 30, 2015, Gillis signed an amended loan agreement with Wells Fargo on Aequitass behalf. It is believed that since he was ousted from Aequitas, Jesenik has been working for a company founded by his son: KCR Advisors LLC, based in Viero Beach, Fla. An earlier indictment against Gillis will be dismissed. 1000 SW Third Ave Suite 600 In a separate proceeding, the SEC barred the three from the securities industry. After graduating from Oregon State University in 1987 with a degree in Finance and minor in Economics, Brian spent the next 10 years in commercial banking with US Bank before embarking on 20 years in the Investment Banking and Alternative Asset Management industry. Have a question about Government Services? YouTubes privacy policy is available here and YouTubes terms of service is available here. The company opened slick new offices in New York City. Defendant sworn and examined. Brian Rice and Scott Gillis, two of the company's six senior partners, resigned in recent weeks. Waiver of indictment signed and accepted by the Court. Portland, Oregon 97204 View limitations & usage restriction, Breaking news, analysis and cutting edge commentary from our award-winning team and leading industry voices, The latest news and other relevant content from selected Citywire partners. Between 2011 and 2014, Aequitas purchased more than $561 million in student loan debt, almost all of which was with Corinthian. Theyve got a team that really loves entrepreneurship and is equipped with different skill sets. 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