Thursday, April 14, 2022

Manufacturers push for anti-counterfeit bills to stay in China competitiveness package

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By Caitlin Oprysko

With Daniel Lippman  

MANUFACTURERS PRESS LAWMAKERS TO RETAIN ANTI-COUNTERFEIT BILLS: With the stage set to reconcile the differences between House and Senate-passed versions of legislation to even the economic playing field with China, the National Association of Manufacturers, along with more than 100 other business and trade groups, is calling on conferees to maintain two contentious bills that have pitted retailers against online marketplaces and tech platforms.

— In a letter to the Democratic and Republican leadership of the Senate Commerce Committee, the House Energy & Commerce Committee and the House and Senate Judiciary committees, the coalition asked the lawmakers to preserve the SHOP SAFE Act and the INFORM Consumers Act, both of which aim to crack down on the sale of counterfeit goods online, in the final compromise legislation.

— "Counterfeiting has harmed manufacturers, workers and consumers for decades, but the problem has gotten significantly worse with the explosive growth of e-commerce," the groups wrote, adding that the Covid-19 pandemic only exacerbated the issue. "These two pieces of legislation work in tandem to seek out bad actors and protect Americans from harmful and dangerous goods, with new tools which allow all parties, including platforms, businesses and consumers, to fight against counterfeiters." Both the SHOP SAFE Act and INFORM Consumers Act were included in the House version of a sprawling package to boost economic competitiveness in the U.S.

— The SHOP SAFE Act would hold e-commerce platforms liable for counterfeit products sold on their platforms unless they take a specific set of preventive measures, while the INFORM Consumers Act would require online marketplaces to take steps to verify the identity of high-volume sellers and provide some of that information to customers.

— Versions of the bills faced opposition from e-commerce giants such as Amazon and online marketplaces such as Etsy, Poshmark and eBay, which cast them as a means for struggling brick-and-mortar retailers to swat back at booming e-commerce sales and as overly burdensome for small and medium sellers. The bills have also divided Democrats.

— The plea from NAM, in addition to local chambers of commerce, other industry groups and companies like Mattel, Eli Lilly, GE Appliances and Bayer, comes after academics, tech and e-commerce platforms and advocacy groups took aim at the SHOP SAFE Act specifically last month, urging conferees to strip the bill from the final China legislation. Industry groups argued in their letter to congressional leaders that the bill "represents a seismic shift in law and policy around contributory trademark infringement" but contend that "it has not received anything close to sufficient attention and vetting" after it was slipped into the House China package.

— The manufacturers' coalition sought to counter that criticism in its letter, arguing that both SHOP SAFE and the INFORM Consumers Act "have been the subject of extensive Congressional consideration and extensive discussions between committee leadership and bill sponsors, with a majority of both parties voting in strong favor of both bills in committee markups in the House."

Good afternoon and welcome to PI. Send tips: coprysko@politico.com. And be sure to follow me on Twitter: @caitlinoprysko.

 

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ANNALS OF SCAM PACS: A California man was sentenced to three and a half years in prison this morning for operating scam PACs that "defraud[ed] dozens of donors out of more than $250,000 sent to phony political groups for Beto O'Rourke, Bernie Sanders, and other prominent Democrats," per Insider's Camila DeChalus and Jacob Shamsian.

— "U.S. District Judge Richard M. Berman, who presided over the case from a courtroom in Manhattan, said the scammer, John Pierre Dupont , would receive a lighter sentence than he otherwise would because of his advanced age and illnesses. But the underlying crimes, he said, were serious. 'It expands several years. It used approximately 15 different websites. It defrauded thousands of people for a total of more than $250,000,' Berman said. 'I have to say, personally, I find that egregious.'"

— "The 83-year-old faced up to 20 years in prison, according to prosecutors. $254,000 of his funds were also already seized by the Justice Department, Berman said at the sentencing hearing. Berman said the 42-month sentence would be followed by 2 years of supervised release."

— "Dupont set up fake political action committees and websites that appeared to be raising money for several Senate, gubernatorial and presidential candidates who were running for office, according to the criminal complaint."

— "Some of those campaigns included Beto O'Rourke's senate run in 2018,  Kyrsten Sinema's 2018 senate campaign, and Bernie Sanders' 2016 run for president. Another fake organization Dupont collected money for purported to send funds toward resources that would reunite immigrant families separated by the Trump administration."

DOJ REVEALS ANOTHER RUSSIAN INFLUENCE SCHEME: "U.S. prosecutors on Thursday unsealed an indictment charging a senior Russian politician and two staff members of conspiring to illegally advance Russia's interests in the United States, including by reaching out to members of Congress," Reuters' Jonathan Stempel and Sarah N. Lynch report.

— "The defendants include Aleksandr Babakov, 59, the deputy chairman of the state Duma, the lower house of Russia's legislature, who is an ally of Russian President Vladimir Putin . According to the indictment, the defendants paid two Europe-based consultants to conduct outreach to members of Congress. They also allegedly recruited a New York City-based media professional to lobby Congressional lawmakers for a purported campaign to advance human rights issues and the interests of Cuba."

— "Prosecutors said the recruited American in April 2012 offered one Congressional member a free trip to meet European politicians and receive an award, and left '100,000,000 voicemails' for the lawmaker, only to be rebuffed."

NEW YORK AG GOES AFTER OIL COMPANIES: New York Attorney General Tish James "is launching an investigation into whether oil companies are taking advantage of inflation and the Russian invasion in Ukraine to jack up prices," POLITICO's Danielle Muoio Dunn reports, as Democrats look to assuage voter concerns about gas prices ahead of the midterms — and in New York in particular, ahead of a primary contest for Gov. Kathy Hochul.

— "'Soaring gas prices are forcing working New Yorkers and low-income families to make difficult decisions on whether to pay bills or put food on the table,' James said Wednesday in a statement to POLITICO. 'Price gouging is unfair and illegal and my office is determined to make sure it doesn't happen in our state,' she said," echoing criticism from national Democrats like President Joe Biden.

— James' investigation "will only focus on players involved in supplying gas and diesel to New York" but will "look at major oil and gas companies, independent refineries, terminal owners and other actors involved in bringing gas and diesel to state pumps."

 

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Jobs Report

Matt Leasure is joining the Intelligent Transportation Society of America as vice president of public policy and legislative affairs. He previously was director of Pacific Northwest policy for the House Transportation and Infrastructure Committee, where he's been replaced by Katherine Ambrose , who previously was a professional staff member.

Jonathan Daniels has joined CRD Associates as a vice president. He previously led federal affairs at the Cystic Fibrosis Foundation.

Simon Behrmann, Miranda Meyers and Emily Shay are joining Scarlet Oak Strategies. Behrmann will be a senior adviser and is managing partner of Red Cedar Global. Meyers will be a director and is president of M2 Strategies. Shay will be an associate and is a Patty Murray (D-Wash.) and Maria Cantwell (D-Wash.) alum.

Jeffrey Last is now a director of federal government affairs at Bristol Myers Squibb. He previously was a health care legislative assistant for Sen. John Cornyn (R-Texas).

Jessica Kelley is joining the Association for Behavioral Health and Wellness as a policy manager. She previously was a legislative assistant for Rep. John Katko (R-N.Y.).

New Joint Fundraisers

Obernolte Victory Fund (Rep. Jay Obernolte, Jobs and the Economy PAC, NRCC)

New PACs

Cape May County Libertarian Party PAC (PAC)
Delegate Super PAC for Tarpy (Super PAC)
First in Texas PAC (Leadership PAC: Nathaniel Moran)
Oklahoma Conservative Alliance (Super PAC)
Strengthen the Future PAC (PAC)

New Lobbying Registrations

Adams And Reese, LLP: Bessemer Airport Authority
Akin Gump Strauss Hauer & Feld: Verizon Communications
Arnold & Porter Kaye Scholer LLP: Clark Equipment Company Dba Doosan Bobcat North America
Avaaz Foundation: Avaaz Foundation
Bgr Government Affairs: Amerifreight Systems LLC
Bgr Government Affairs: At Capital Pte. Ltd.
Bgr Government Affairs: Catalyst Pharmaceuticals
Bgr Government Affairs: Day & Zimmermann Group, Inc.
Bgr Government Affairs: Kontoor Brands
Bgr Government Affairs: Target Als Foundation Inc.
Boardman USa: Landaxis, Inc.
Capitol Hill Consulting Group: Interos, Inc
Capitol Hill Consulting Group: Trisalus Life
Dinino Associates, LLC: Cornerstone Government Affairs Obo Advanced Materials And Devices, Inc.
Federal Hall Policy Advisors, LLC: Bipartisan Policy Center Action
Federal Hall Policy Advisors, LLC: International Council Of Shopping Centers
Federal Hall Policy Advisors, LLC: Snapdocs, Inc.
Hoboken Strategy Group: Winning Strategies Washington (On Behalf Of South Brunswick, New Jersey)
Hurt Norton LLC: Georgia Ports Authority
Hurt Norton LLC: Phoenix Air Group
Hurt Norton LLC: Savannah Area Chamber Of Commerce
Inovio Pharmaceuticals, Inc.: Inovio Pharmaceuticals, Inc.
Kasowitz Benson Torres LLP: Easy Aerial Inc.
Krl International LLC: Tony O. Elumelu
Monument Advocacy: Operational Technology Cybersecurity Coalition
Monument Advocacy: Pack Green Coalition
Mr. Andy Wiessner: Utah Sandy Ranch, LLC
Mr. Joe Miklosi: Lincoln Community Hospital & Care Center
Okta, Inc.: Okta, Inc.
Prime Policy Group: Insulet Corporation
Prime Policy Group: Northeast Maritime Institute
S-3 Group: Micron Technology, Inc.
Shumaker Advisors, LLC: Frio Valley Infrastructure, LLC
The Madison Group: Y-Tech, LLC
The Mckeon Group, Inc.: USa Rare
The Picard Group, LLC: Lifecare 2.0, LLC
Van Scoyoc Associates: Sagam International
Waller Consulting LLC: Lincoln Community Hospital & Care Center
Ward And Smith, P.A.: Town Of Topsail Beach

New Lobbying Terminations

Active Policy Solutions, LLC: Play Sports Coalition
Active Policy Solutions, LLC: The Jed Foundation
Ben Barnes Group Lp: Green Ocean Sciences
Bgr Government Affairs: Eiger Biopharmaceuticals, Inc.
Bgr Government Affairs: Greg Kelly
Bgr Government Affairs: Mid-Sized Bank Coalition Of America
Bgr Government Affairs: Out Of Home Advertising Association Of America
Bgr Government Affairs: Syrian Institute For Progress
Bramer Group LLC: Arch Precision Components Corp.
Bramer Group LLC: Ves, LLC
Capitol Tax Partners, LLP: Post Holdings, Inc.
Citadel Enterprise Americas LLC: Citadel Enterprise Americas LLC
Dentons US LLP: Global Infrastructure Investor Association
Faegre Drinker Biddle & Reath LLP: American Telemedicine Association
Skipper Group: Poarch Band Of Creek Indians
The Mckeon Group, Inc.: Same Day Health/Same Day Testing
Ward And Smith, P.A.: Town Of Carolina Beach

 

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