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first_img Related Articles About Author: Krista Franks Brock Demand Propels Home Prices Upward 2 days ago The Best Markets For Residential Property Investors 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Home / Daily Dose / BCFP May End ‘Proactive Oversight’ of Military Lenders Krista Franks Brock is a professional writer and editor who has covered the mortgage banking and default servicing sectors since 2011. Previously, she served as managing editor of DS News and Southern Distinction, a regional lifestyle publication. Her work has appeared in a variety of print and online publications, including Consumers Digest, Dallas Style and Design, DS News and DSNews.com, MReport and theMReport.com. She holds degrees in journalism and art from the University of Georgia. Share Save  Print This Post Previous: FHA Provides Relief to Hurricane-Affected Homeowners Next: Delinquencies Remain Low But Household Debt Rises Data Provider Black Knight to Acquire Top of Mind 2 days ago BCFP May End ‘Proactive Oversight’ of Military Lenders Tagged with: BCFP Borrowers CFPB Homeowners Lenders Lending Military Sign up for DS News Daily center_img Subscribe Governmental Measures Target Expanded Access to Affordable Housing 2 days ago in Daily Dose, Featured, Government, News Senate Democrats recently asked the Bureau of Consumer Financial Protection (BCFP) to reconsider its plans to discontinue its routine checks for violations of the Military Lending Act after an article by the New York Times reported that the agency was planning to suspend these routine checks. The Military Lending Act (MLA) was passed in 2006 and is aimed at preventing active-duty military members and their families from falling victim to predatory lending, financial fraud, and credit gouging. “The Trump administration is planning to suspend routine examinations of lenders for violations of the Military Lending Act,” the New York Times reported, adding that “Mick Mulvaney, the interim director of the Consumer Financial Protection Bureau, intends to scrap the use of so-called supervisory examinations of lenders.” According to the Times, Mulvaney said the “proactive oversight is not explicitly laid out in the legislation.”Public radio station, NPR, recently reported that the BCFP was planning to ask the Congress to give it express permission to do this active monitoring of lenders’ MLA compliance if that is what lawmakers intended. “That’s according to a draft document circulating within the bureau obtained by NPR,” the public radio station said. “It is unclear if Congress would do that to spur the CFPB to return to its previous level of enforcement.”In a statement to NPR, the bureau said that any changes to the MLA would be made “only if necessary and in a way that does not reduce the MLA protections afforded Service members and their families.”Instead of the current method of “proactive oversight,” the BCFP will rely on consumer complaints to identify and deal with violations of the Military Lending Act. Senate Democrats responded with a letter on Wednesday, signed by all 49 members. “The CFPB should not be abandoning its duty to protect our servicemembers and their families, and we seek your commitment that you will utilize all of the authorities available to the CFPB to ensure that servicemembers and their families continue to receive all of their MLA protections,” the Senators wrote.“In addition, for our service members, especially those who are deployed overseas facing hostile fire, it is unreasonable to place the burden of detecting and reporting MLA abuses on servicemembers, especially when they should be given every opportunity to focus squarely on their missions,” they said. The BCFP has returned $130 million to service members, veterans, and their families and received more than 72,000 complaints each year since the bureau’s founding in 2011. The Week Ahead: Nearing the Forbearance Exit 2 days ago Demand Propels Home Prices Upward 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago BCFP Borrowers CFPB Homeowners Lenders Lending Military 2018-08-16 Krista Franks Brock The Best Markets For Residential Property Investors 2 days ago August 16, 2018 1,390 Views Data Provider Black Knight to Acquire Top of Mind 2 days agolast_img read more

first_imgTop StoriesHolding Hands Of Minor Girl & Opening Pants Zip Not ‘Sexual Assault’ Under POCSO Act But ‘Sexual Harassment’ Under Section 354A IPC : Bombay High Court LIVELAW NEWS NETWORK27 Jan 2021 6:17 PMShare This – xThe Bombay High Court(Nagpur Bench) has held that the act of holding a minor girl’s hands and opening the zip of pants will not come under the definition of “sexual assault” under the Protection of Children from Sexual Offences Act 2012. However, the Court held that such acts would amount to “sexual harassment” under Section 354-A(1)(i) of the Indian Penal Code.This finding was given by a…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Bombay High Court(Nagpur Bench) has held that the act of holding a minor girl’s hands and opening the zip of pants will not come under the definition of “sexual assault” under the Protection of Children from Sexual Offences Act 2012. However, the Court held that such acts would amount to “sexual harassment” under Section 354-A(1)(i) of the Indian Penal Code.This finding was given by a single bench of Justice Pushpa Ganediwala in a criminal appeal filed against the conviction and sentence awarded to a 50 year old man for molesting a 5 year old girl (Libnus v State of Maharahstra).Since the offence was committed against a child aged below 12 years, the Sessions Court held it to be “aggravated sexual assault” punishable under Section 10 of POCSO and sentenced him to 5 years rigorous imprisonment and fine of Rs. 25,000 with a default simple imprisonment for 6 months.The case was registered on the basis of the complaint lodged by the mother of the girl, who said that she saw the accused, whose pants zip was opened, holding the hands of her daughter. She further testified that her daughter informed her that appellant/accused removed his penis from the pant and asked her to come to the bed for sleeping. While considering the appeal, the High Court noted the definition of “sexual assault” under Section 7 of the POCSO as follows :”Sexual assault – Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person,or does any other Act with sexual intent which involves physical contact without penetration is said to commit sexual assault”.The Court observed that as per the definition of ‘sexual assault’,a ‘physical contact with sexual intent without penetration’ is essential ingredient for the offence. Since no actual touching of the private parts of the body happened in the case, the High Court considered if the act will come under the ambit of the the third part of the definition- “any other Act with sexual intent which involves physical contact without penetration”.The Court said that the words “any other act” should be interpreted ejusdem generis with the beginning portion of the definition(Ejusdem generis is a principle of statutory interpretation which says that meaning of general words which follow a specific word is limited by the meaning of the special words).On this basis, the Court said :”The acts of ‘holding the hands of the prosecutrix’, or ‘opened zip of the pant’ as has been allegedly witnessed by PW-1, in the opinion of this Court, does not fit in the definition of ‘sexual assault'”According to POCSO, ‘sexual assault’, when committed against a child aged less than 12 years, it will become ‘aggravated sexual assault’ under Section 9, which is punishable under Section 10.Considering the fact that the offence of ‘aggravated sexual assault’ has a minimum sentence of five years imprisonment, the court said that allegations are not sufficient to fix criminal liability on the accused for that offence under Section 10 POCSO.”The appellant/accused is prosecuted for the charge of ‘aggravated sexual assault’. As per the definition of ‘sexual assault’,a ‘physical contact with sexual intent without penetration’ is essential ingredient for the offence. The definition starts with the words – “Whoever with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis,anus or breast of such person or any other person or does any other act with sexual intent……’ The words ‘any other act’ encompasses within itself, the nature of the acts which are similar to the acts which have been specifically mentioned in the definition on the premise of the principle of ‘ejusdem generis.’ The act should be of the same nature or closure to that. The acts of ‘holding the hands of the prosecutrix’, or ‘opened zip of the pant’ as has been allegedly witnessed by PW-1, in the opinion of this Court, does not fit in the definition of ‘sexual assault'”.The Court however held that the offence of sexual harassment under Section 354A(1)(i), which deals with “physical contact and advances involving unwelcome and explicit sexual overtures”, is attracted in the case.Therefore, the conviction under Sections 8, 10 and 12 of POCSO Act was set aside and the accused was found guilty under Section 354A(1)(i) IPC, which carries a maximum imprisonment of 3 years.The Court held that the 5 months imprisonment already underwent by the accused was sufficient punishment for the offence.”Considering the nature of the act, which could be established by the prosecution and considering the punishment provided for the aforesaid crimes, in the opinion of this Court, the imprisonment which he has already undergone would serve the purpose”, the court said.Skin to skin contact necessary for Sexual Assault under POCSO- Another Judgment by same judgeIn another judgment, the same judge held that direct skin to skin touch was necessary for ‘sexual assault’ under POCSO. That was a case where the accused had groped the breasts of a 12 year old girl without removing her clothes(Satish v State of Maharashtra).In the judgment delivered on January 19, 2021, the court interpreted the words “physical contact” in the definition of sexual assault to mean “direct physical contact- direct physical contact i.e. skin -to- skin contact with sexual intent without penetration.””Considering the stringent nature of punishment provided for the offence(under POCSO), in the opinion of this Court, stricter proof and serious allegations are required. The act of pressing of breast of the child aged 12 years, in the absence of any specific detail as to whether the top was removed or whether he inserted his hand inside top and pressed her breast, would not fall in the definition of ‘sexual assault'”, the court held.However, the Court held the accused in that case guilty for the offence of ‘outraging the modesty of woman’ under Section 354IPC, which carries a lesser sentence when compared to Section 8 of POCSO. “Sexual assault” under section 8 of the POCSO Act would attract a minimum punishment of three years as compared to outraging of a woman’s modesty under section 354 of the IPC, which attracts a minimum punishment of only a year. Both the offenses carry a maximum imprisonment of five years. Pressing Breasts Without Disrobing Not “Sexual Assault” As Per POCSO Act But Offence Under Sec 354 IPC : Bombay High CourtThis judgment sparked widespread criticism and public outrage. On Wednesday (January 28), the Attorney General for India, K K Venugopal, brought this judgment to the attention of the Supreme Court.The AG said that the judgment is “unprecedented” and will set a “dangerous precedent”. Based on the mentioning made by the AG, a bench headed by the Chief Justice of India stayed the acquittal under the POCSO Act as per the judgment.Click here to read/download the judgment Next Storylast_img read more

first_imgTopaz Energy and Marine has recently signed a charter deal with an undisclosed offshore contractor for its newbuild subsea vessel, Topaz Tangaroa, The vessel will be utilized for work on renewable energy projects, primarily in support of offshore wind farms in the southern North Sea.The charter contract will take effect from February 2019 for a firm duration of seven months, with options to extend to late 2020.The Topaz Tangaroa, which was ordered in 2015 as part of an ongoing fleet renewal and reinvestment strategy by Topaz, is a sister vessel of Topaz Tiamat, both designed and built by, VARD Norway.Rene Kofod-Olsen, CEO of Topaz Energy and Marine, said:“Having recently signed the Topaz Tangaroa’s sister vessel – the Topaz Tiamat – on a long-term contract to Reach Subsea of Norway, it is particularly rewarding that both vessels are leaving the yard to go straight onto significant contracts with strong counterparties. The contracts reflect the trends we are seeing with both general subsea operators and offshore wind project owners becoming increasingly selective and demanding innovative, safer and more efficient vessels.“This significant contract is a testament to Topaz’s strategic, counter cyclical investment into a growing subsea segment and our ability to deliver the prerequisite technology and safety capabilities our clients increasingly require. This approach has enabled us to forge new long-term partnerships with two new partners, and to strengthen our position in serving clients in both the oil & gas and renewable energy sectors.”last_img read more

first_img Published on May 20, 2015 at 4:11 pm Contact Matt: [email protected] | @matt_schneidman Facebook Twitter Google+ Syracuse released its first post-spring practice depth chart Wednesday afternoon. Here are five takeaways from the pecking orders that may open a few eyes heading into the preseason.1) Redshirt freshman Kayton Samuels starting over senior Wayne WilliamsOn the Atlantic Coast Conference spring coaches’ teleconference, SU head coach Scott Shafer praised the improvement of Samuels on the defensive line. The starters were presumed to be Williams and senior John Raymon – who’s listed as the starter at defensive tackle – but for now, Samuels has the nod over Williams at the nose tackle spot instead.2) Senior Ashton Broyld listed as third-string H-backSyracuse and offensive coordinator Tim Lester are looking to do big things with the “hybrid” position this year, and Broyld doesn’t seem to be at the forefront of those plans just yet. Sophomore Ervin Philips and junior Ben Lewis are ahead of Broyld on the depth chart, and the senior is coming off a season where he only played four games due to injury.AdvertisementThis is placeholder text3) Austin Wilson ahead of AJ Long in quarterback pecking orderWhen Terrel Hunt went down with a fractured fibula last year, Long was the one to step in. He completed 54 percent of his passes in six games and threw two touchdowns against then-No. 1 Florida State on Oct. 11. But Wilson – a sophomore who played in five games and completed 56 percent of his passes last year – will be Hunt’s backup for now.4) Walk-on Cameron MacPherson listed as backup tight endThe junior transfer from Georgetown hasn’t played a snap yet for the Orange – he sat out last season due to transfer rules. But he’s still listed ahead the likes of JUCO transfer Trey Dunkelberger and sophomore Tyler Provo, and looks to be getting a chance as Josh Parris’ backup to start the preseason.5) Freshman Matt Keller in the primary long-snapper spotIt’s rare to see a recruited long-snapper, but that’s what Keller is. He spent the spring at SU after finishing high school early, and was placed ahead of returners Keith Mitsuuchi and Nathan Hines on the depth chart. For now, it looks like Keller will be the one tasked with replacing all-around man Sam Rodgers. Commentslast_img read more