Comment On The Imitation Novel York Post Service Even Out Well-Nigh The Constabulary Enforcement Investigation Against Hebalife
About 20 4 hours agone I was alerted to a even out inward the New York Post yesteryear Michelle Celarier asserting that Herbalife was the dependent land of an enforcement action. To quote:
This even out was false. But lets acquire to the master copy source - the data released yesteryear the Federal Trade Commission (FTC).
The telephone commutation document - the source of the New York Post even out - was on page 719 of 720. Here it is the telephone commutation fleck - a photograph:
To quote directly:
The FTC constitute 717 pages of responsive records. It withheld 15 pages because they were exempt from disclosure because they were found pursuant to a constabulary enforcement investigation.
On this flimsy evidence together with no to a greater extent than the New York Post concluded that Herbalife was itself dependent land to a constabulary enforcement investigation.
The text says naught of the sort.
Indeed the text proves comprehensively that Herbalife is not subject to a constabulary enforcement investigation.
The means yous run across that is obvious. When the authorities asks for documents using a subpoena or the threat of subpoena how many documents produce yous mean value yous supply? The commons even out is truck-loads. Fifteen hundred pages of documents would locomote typical inward a rattling fry case. Fifteen K pages would locomote to a greater extent than typical. 15 truck loads is non unknown. Discovery is rattling expensive.
The fact at that spot were exclusively 15 pages of documents gives yous the respond yous need. These documents may receive got been constitute dependent land to a constabulary enforcement investigation but the constabulary enforcement investigation was non against Herbalife together with 15 pages of documents came out equally a by-product.
This was obvious plenty to anyone who idea almost it - together with I purchased the stock for the bounce.
Michelle Celarier - the New York Post journalist - made an amateur fault driven yesteryear unproblematic failure at reading comprehension.
We all brand those. Lord knows I receive got made mistakes. (And when I brand them my clients lose money...)
But that is non how Michelle Celarier sees it. She blames the FTC linguistic communication for her mistake rather than herself. Panicked investors, at nowadays wearing an unnecessary loss, mightiness non locomote feeling quite together with thence charitable towards Michelle together with the Post - which I hasten to add together is inward many other respects a surprisingly fine paper.
John
The Los Angeles-based distributor of nutritional products is the dependent land of a constabulary enforcement investigation, The Post has learned.
The beingness of the probe emerged afterward the Federal Trade Commission, responding to a Freedom of Information Act asking yesteryear The Post, released 192 complaints filed against Herbalife over the yesteryear vii years.
The FTC redacted around sections, proverb it didn’t receive got to divulge “information obtained yesteryear the committee inward a constabulary enforcement investigation, whether through compulsory process, or voluntarily ...”
This even out was false. But lets acquire to the master copy source - the data released yesteryear the Federal Trade Commission (FTC).
The telephone commutation document - the source of the New York Post even out - was on page 719 of 720. Here it is the telephone commutation fleck - a photograph:
To quote directly:
We receive got located 717 pages of responsive records. I am granting partial access to, together with am enclosing copies of, the accessible records. Fifteen pages, together with portions of other pages, are dependent land to 2 of the nine exemptions to the FOIA's disclosure requirements, equally disclosed below.
I am withholding 15 responsive pages which are exempt from disclosure nether the FOIA Exemption 3, five U.S.C 552(b)(3), because they are exempt from disclosure yesteryear around other statute. Specifically, Section 21(f) of the FTC Act provides that data obtained yesteryear the Commission inward a constabulary enforcement investigation, whether through compulsory process, or voluntarily inward lieu of such process, is exempt from disclosure...
The FTC constitute 717 pages of responsive records. It withheld 15 pages because they were exempt from disclosure because they were found pursuant to a constabulary enforcement investigation.
On this flimsy evidence together with no to a greater extent than the New York Post concluded that Herbalife was itself dependent land to a constabulary enforcement investigation.
The text says naught of the sort.
Indeed the text proves comprehensively that Herbalife is not subject to a constabulary enforcement investigation.
The means yous run across that is obvious. When the authorities asks for documents using a subpoena or the threat of subpoena how many documents produce yous mean value yous supply? The commons even out is truck-loads. Fifteen hundred pages of documents would locomote typical inward a rattling fry case. Fifteen K pages would locomote to a greater extent than typical. 15 truck loads is non unknown. Discovery is rattling expensive.
The fact at that spot were exclusively 15 pages of documents gives yous the respond yous need. These documents may receive got been constitute dependent land to a constabulary enforcement investigation but the constabulary enforcement investigation was non against Herbalife together with 15 pages of documents came out equally a by-product.
This was obvious plenty to anyone who idea almost it - together with I purchased the stock for the bounce.
Michelle Celarier - the New York Post journalist - made an amateur fault driven yesteryear unproblematic failure at reading comprehension.
We all brand those. Lord knows I receive got made mistakes. (And when I brand them my clients lose money...)
But that is non how Michelle Celarier sees it. She blames the FTC linguistic communication for her mistake rather than herself. Panicked investors, at nowadays wearing an unnecessary loss, mightiness non locomote feeling quite together with thence charitable towards Michelle together with the Post - which I hasten to add together is inward many other respects a surprisingly fine paper.
John
No comments