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NEW YORK — Daniel Penny chose not to testify and defense lawyers rested their case Friday at his trial in the death of an agitated man he choked on a subway train. Closing arguments are expected after Thanksgiving in the closely watched manslaughter case about the death of Jordan Neely, 30. The encounter between Penny, a white Marine veteran, and Neely, a homeless Black man with mental health and drug problems, has been drawn into U.S. political divides over race, public safety and cities’ ability to handle mental illness and social ills. Penny, 26, has pleaded not guilty. Many criminal defendants don't take the stand, and juries are routinely instructed that they cannot hold defendants' silence — a constitutional right — against them. One of Penny’s lawyers, Daniel Kenniff, noted after court that jurors did hear from Penny, in the form of his recorded statements to police minutes and hours after he put Neely in a chokehold. Get the latest breaking news as it happens. By clicking Sign up, you agree to our privacy policy . “Virtually everything he said then is consistent with credible testimony of his fellow passengers," Kenniff said. Penny told police that he wrapped his arm around Neely's neck, took him to the floor and “put him out” because he was angrily throwing things and making threatening comments. Penny said on police video that he hadn't wanted to injure Neely but rather to keep him from hurting anyone else. Daniel Penny leaves the courtroom for a lunch break in New York, Monday, Nov. 18, 2024. Credit: AP/Yuki Iwamura A number of other passengers testified that they were scared of Neely and relieved that Penny grabbed hold of him. A man who later stepped in and held down Neely's arms, however, told jurors that he urged Penny to let go but that the veteran kept choking Neely for a time. Prosecutors say Penny meant to protect people but recklessly used too much force, overlooking Neely's humanity and making no effort to spare his life. City medical examiners ruled that the chokehold killed Neely. A pathologist hired by Penny's defense disputed that finding. Prosecutors, defense lawyers and the judge are set to meet Monday to hash out jury instructions.
HONDA and Nissan are in talks to deepen ties, two people said on Wednesday (Dec 18), including a possible merger, the clearest sign yet of how Japan’s once seemingly unbeatable auto industry is being reshaped by challenges from Tesla and Chinese rivals. A combined Honda and Nissan would create a US$54 billion company with annual output of 7.4 million vehicles, making it the world’s third-largest auto group by vehicle sales after Toyota and Volkswagen. The two firms already forged a strategic partnership in March to cooperate in electric vehicle development, but Nissan’s deepening financial and strategic trouble in recent months has added more urgency for closer cooperation with larger rival Honda. Nissan announced a US$2.6 billion cost savings plan last month that includes cutting 9,000 jobs and 20 per cent of its global production capacity, as slumping sales in China and the US led to an 85 per cent plunge in second-quarter profit. “This deal appears to be more about bailing out Nissan, but Honda itself is not resting on its laurels,” said Sanshiro Fukao, executive fellow at Itochu Research Institute. “Honda’s cash flow is set to deteriorate next year and its EVs (electric vehicles) haven’t been going so well.” Shares of Nissan closed nearly 24 per cent higher in Tokyo trade on Wednesday, while shares of Honda, whose market value of US$43 billion is more than four times bigger than that of Nissan, declined 3 per cent. Shares of Mitsubishi Motors, in which Nissan is the top shareholder with a 24 per cent stake, gained nearly 20 per cent. The automakers have been grappling with challenges from EV makers, particularly in China, where BYD and others have surged ahead. The talks between Honda and Nissan, first reported by the Nikkei newspaper, could allow the companies to cooperate more on technology and help them create a more formidable domestic rival to Toyota. The discussions are focused on finding ways to bolster collaboration and include the possibility of setting up a holding company, said the people, who declined to be identified because the information has not been made public. The companies are also discussing the possibility of a full merger, according to one of the people, as well as looking at ways to cooperate with Mitsubishi. Honda, Nissan and Mitsubishi said that no deal had been announced by any of the companies, though Nissan and Mitsubishi noted the three automakers had said previously they were considering opportunities for future collaboration. French automaker Renault, a major Nissan shareholder, said it had no information and declined to comment. Renault shares jumped 6.5 per cent. The three Japanese automakers are expected to hold a joint news conference in Tokyo on Monday, according to a source familiar with the matter. Taiwan’s Foxconn, which manufactures Apple’s iPhones and has been seeking to expand its nascent EV contract manufacturing business, approached Nissan about a bid but it was rejected by the Japanese firm, two separate sources familiar with the matter said. Bloomberg News reported earlier on Wednesday that Foxconn had approached Nissan to take a controlling stake. Foxconn did not immediately respond to a request for comment, while a Nissan spokesperson declined to comment on Foxconn. Over the past year, an EV price war launched by Tesla and BYD has intensified pressure on any automakers losing money on the next-generation vehicles. That has put pushed companies like Honda and Nissan to seek ways to cut costs and speed vehicle development, and mergers are a major step in that direction. “In the mid- to long-term, this is good for the Japanese car industry as it creates a second axis against Toyota,” said Seiji Sugiura, a senior analyst at Tokai Tokyo Intelligence Laboratory. “Constructive rivalry with Toyota is a positive for the rather stagnating Japanese car industry when it must compete with Chinese automakers, Tesla and others.” Any merger would face significant US scrutiny and President-elect Donald Trump has vowed to take a hard line on imported vehicles, including threatening 25 per cent tariffs on vehicles shipped from Canada and Mexico. He could seek concessions from Honda and Nissan to approve any deal, auto industry officials pointed out. Honda and Nissan both produce cars in Mexico for export to the United States. Honda and Nissan would also have to work out how to integrate their different corporate cultures if they proceed with a merger, analysts said. “Honda has a unique, technology-centric culture with strengths in powertrains, so there should be some internal resistance to the merger with Nissan, a competitor with a different culture that is now faltering,” said Tang Jin, a senior researcher at Mizuho Bank. REUTERSTop 5% earners liable to pay Rs1.6tr in taxes: FBR Finance minister says govt introduced structural reforms in national economy to put it on path of growth The Federal Board of Revenue (FBR) building can be seen. — X@FBRSpokesperson/File ISLAMABAD: The government on Thursday outlined the measures taken and progress achieved since it began implementing a comprehensive economic reform agenda aimed at widening the tax base through digitisation of the Federal Board of Revenue (FBR), disclosing the identification of approximately 190,000 people evading taxes amounting to Rs60 billion. googletag.cmd.push(function() { googletag.display('div-gpt-ad-1700472799616-0'); }); When consumers data was compiled/refined through an algorithm method, it showed that 190,000 persons leading a high-standard lifestyle [with luxury vehicles and properties] are non-filers. Following this, ground-truthing of the top 5,000-6,000 was performed through field staff that confirmed around Rs7 billion in taxes from them. If calculated today on the basis of 190,000 persons who should be direct taxpayers, there is an Rs50-60 billion taxation pocket, easily, it elaborated. This revelation was made during a joint news conference by Minister for Finance and Revenue Senator Muhammad Aurangzeb, Minister for Information and Broadcasting Attaullah Tarar, Minister of State for Finance and Revenue Ali Pervaiz Malik and Federal Board of Revenue (FBR) Chairman Rashid Mahmood Langrial. Finance Minister Aurangzeb said that the incumbent government soon after assuming the power introduced structural reforms in the national economy to put it on the path of sustainable development and growth, adding that the taxation reforms remained on the top of reforms agenda. The government, he said, intended to enhance the tax-to-GDP ratio up to 13 percent, which was currently estimated at 9 to 10 percent of the GDP, adding the increase in revenue collection would not only strengthen the fiscal sides but also project the country’s image as a responsible state. He said the government had introduced a bill in the National Assembly to ensure full tax compliance, besides overcoming the issues related to non-declaration and under-declaration for enhancing the revenue collection in the country. Besides, Aurangzeb said the government was working on the technology transformation in the FBR and it introduced end-to-end digitization for ensuring transparency, minimizing human interventions to control harassment and eliminate elements of corruption to increase revenue collection. He said the work on the design of digitization of FBR was started in March 2024 under the leadership of Prime Minister Muhammad Shehbaz Sharif, which was approved in September and now passing through its implementation stage, focusing on key economic sectors integration to plug leakages. Addressing the press conference, Minister of State for Finance Ali Pervaiz Malik said the increase in tax resources, keeping them judicious and extending to all sectors of the economy were the basic element of national tax strategy. Besides, he said execution of modern tools and digitization of FBR and conversion from indirect taxation to direct taxation as well as use of modern algorithms was the other objectives of the strategy to bring the people into a normal tax regime for ensuring tax compliance culture in the country. Accordingly, he said the government had also formed a task force for the capacity building of institutions, which comprised experts from the IT sector, academia, data analysis and businesses, adding that it helped to establish different dash-boards in the FBR to strengthen the efforts of tax compliance. Using the data analysis, he said, the government had identified about 190,000 potential taxpayers, who must be in the tax net, adding that the data was further authenticated by field formations, following this ground-truthing of the top 5,000-6,000 was performed through field staff that confirmed around Rs7 billion in taxes from them. “If calculated today on the basis of 190,000 persons who should be direct taxpayers, there is an Rs50-60 billion taxation pocket, easily,” he elaborated. He said the government had also introduced measures to protect common man in the country from the inflationary shocks through overcoming its deficits and economic management. “These measures are now bearing results and inflation rate has come down to a single digit.” FBR Chairman Rashid Mahmood Langrial said the FBR was committed to digitization and automation in tax system and a lot of work had been completed for digitization and automation and execution was also priority of the institution. He said that FBR coordinated well with all relevant institutions, and currently, all the main institutions were working together with FBR to achieve the annual revenue target in the current Fiscal Year (2024-25). The chairman said that currently FBR has evolved its data analytic systems and added that the total tax gap was Rs7.1 trillion. “We are mainly focusing on the top five percent in terms of revenue collection and out of the top five percent people, which are 3.3 million, 600,000 people have so far filed their returns.” He said out of 190,000, only 38,000 people have filed returns and paid Rs370 million tax, while notices were issued to 169,000 wealthy non-filers. The FBR so far sent out tax notices to 186,000 high net worth individuals for possessing substantial assets, income and vehicles but never contributed up to the desired mark. The top five percent wealthy individuals who come into account, 670,000 are potential tax dodgers in the country who spent money but never bothered to come into the tax net. These 0.6 million high net worth individuals are on the radar screen of tax authorities. However, the minister for finance did not reply directly when asked whether the government would bring a mini budget or make an effort to convince the IMF for slashing down the FBR’s tax collection target keeping in view the shortfall in the range of Rs340 billion. The minister for finance replied that they would show the IMF sincere efforts undertaken by the government, adding that some assumptions were changed as inflation came down at an accelerated pace. “We will share all details with the IMF mission in good faith when they come for review talks,” he added. The finance minister said that the National Fiscal Pact was signed by the Centre and the provinces and it would be implemented in cooperation with the federating units. He said the Agriculture Income Tax (AIT) law was passed by the Punjab Assembly while other provinces were making progress but at different stages. He said the FBR achieved revenue growth of 29 percent but the target for the current fiscal year was set with an ambitious target of 40 percent. Sharing the criteria for prioritising potential high net worth individuals, the FBR chairman said that the revenue collector had identified 190,000 non-filers on the basis of six factors such as who earned bank profit of Rs1.3 million per annum, owned more than 3 vehicles with cumulative value of Rs10 million, transaction of more than two properties with cumulative value of Rs16 million, withdrawal of more than Rs3.5 million per annum and possessed two bank accounts, deposited at least Rs28 million and owned credit card. He said the FBR could easily collect Rs50 to Rs60 billion from these high-net worth individuals but conceded that the tax laws could not be implemented as criminal law, so there was a set procedure which would be followed. The FBR’s official data shows that Regional Taxpayer Office (RTO), Lahore, sent out tax notices to 38,828, RTO-II Karachi 15,000 and LTU Karachi only 75 individuals. For sharing digitization up-date for execution of FBR’s transformation plan, the tax compliance gap stood at Rs7.1 trillion -- sales tax of Rs4.1 trillion, income tax Rs2.4 trillion and Customs duty Rs0.6 trillion. Only 38,002 individuals have filed their returns and deposited Rs377.62 million. It was agreed by the government and FBR high-ups that in the short run, the FBR might face revenue shortfall but there was no other way to plug the leakages. “Our hands have been tied and there is no other way for broaden the tax base,” the finance minister said, adding that how long the FBR would collect taxes from salaried and formal manufacturing sector, so the retailers and others would have to come into the tax net. He said that the tax-to-GDP ratio hovered around 9 to 10 percent, which would be jacked up to 13.5 percent over a five-year period. The FBR chairman said the government undertook actions against sugar sector and also implemented faceless assessment and examination mechanism to end collusion among the importers and Customs high-ups. He said that PRAL’s new Board was inducted. The new hiring would be done with an injection of Rs4 billion. The FBR would hire 550 new auditors to improve efficiency. Meanwhile, the Senate Standing Committee on Finance has unanimously passed the Tax Laws Amendment Bill 2024 which recommended that the sale of property and gold related restrictions be placed to bar substantial transactions. The Senate Standing Committee on Finance and Revenues met under Chairman Senator Saleem Mandviwalla here on Wednesday. Federal Board of Revenue (FBR) Chairman Rashid Mehmood Langrial said 95 percent households would not be affected by the proposed legislation to ban major transactions of ineligible people and businesses, rather these measures would help increase tax collection, as around Rs1.6 trillion gap exists in 5 percent top earners compared to Rs140 billion in the rest of the 90-95 percent alone in the Income Tax side. According to the proposed legislation, the ineligible person would not be able to transact certain economic transactions (certain basic exclusion applies). An ineligible person will not be able to transact economic transactions unless he became an eligible person. The eligible person is one who had filed an income tax return for the last preceding tax year along with an online filing of statement of investment and expenditure. The eligible person must have sufficient resources in his wealth statement (130 percent) of cash and cash equivalent. Regarding income tax amendments -- insertion of new section 175AA, the committee was informed that the purpose is to detect and take corrective measure against under declaration of income/ sales by fetching taxpayers’ banking system data and match with the declaration filed with the FBR. The FBR and banks would agree on an algorithm for setting banking transaction thresholds based on declared turnover and income of the person in the previous years against each CNIC. CNIC-based banking transaction threshold would be shared with the central depository of the banking system and such transactions would be reported to the FBR. The FBR would take legal action against such persons. Regarding the federal excise duty (FED) amendment, the committee was informed that Sections 26 and 27 are regarding seizing duty and sales tax unpaid goods in the country, authorising federal and provincial authorities to seize and destroy such unpaid goods. The minister for finance and revenue noted that while banks already had systems in place, integrating additional data could improve the identification of suspicious transactions.Special counsel Jack Smith moved to abandon two criminal cases against on Monday, acknowledging that Trump’s will preclude attempts to federally prosecute him for retaining classified documents or trying to overturn his 2020 election defeat. The decision was inevitable, since longstanding Justice Department policy says sitting presidents cannot face Yet it was still a momentous finale to an unprecedented chapter in political and law enforcement history, as federal officials attempted to hold accountable a former president while he was simultaneously running for another term. Trump emerges indisputably victorious, having successfully delayed the investigations through legal maneuvers and then winning reelection despite indictments that described his actions as a threat to the country’s constitutional foundations. “I persevered, against all odds, and WON,” Trump exulted in a post on Truth Social, his social media website. He also said that “these cases, like all of the other cases I have been forced to go through, are empty and lawless, and should never have been brought.” The judge in the election case granted prosecutors’ dismissal request. A decision in the documents case was still pending on Monday evening. The outcome makes it clear that, when it comes to a president and criminal accusations, nothing supersedes the voters’ own verdict. In court filings, Smith’s team emphasized that the move to end their prosecutions was not a reflection of the merit of the cases but a recognition of the legal shield that surrounds any commander in chief. “That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government stands fully behind,” prosecutors said in one of their filings. They wrote that Trump’s return to the White House “sets at odds two fundamental and compelling national interests: on the one hand, the Constitution’s requirement that the President must not be unduly encumbered in fulfilling his weighty responsibilities ... and on the other hand, the Nation’s commitment to the rule of law.” In this situation, “the Constitution requires that this case be dismissed before the defendant is inaugurated,” they concluded. Smith’s team said it was leaving intact charges against two co-defendants in the classified documents case — Trump valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira — because “no principle of temporary immunity applies to them.” Steven Cheung, Trump’s incoming White House communications director, said Americans “want an immediate end to the political weaponization of our justice system and we look forward to uniting our country.” Trump has long described the investigations as politically motivated, and he has vowed to fire Smith as soon as he takes office in January. Now he will start his second term free from criminal scrutiny by the government that he will lead. The election case brought last year was once seen as one of the most serious legal threats facing Trump as he tried to reclaim the White House. He was to Joe Biden in 2020, an effort that climaxed with his supporters’ violent attack on the U.S. Capitol on Jan. 6, 2021. But the case quickly stalled amid legal fighting over Trump’s sweeping claims of immunity from prosecution for acts he took while in the White House. The U.S. Supreme Court in July ruled for the first time that former presidents have broad immunity from prosecution, and sent the case back to U.S. District Judge Tanya Chutkan to determine which allegations in the indictment, if any, could proceed to trial. The case was just beginning to pick up steam again in the trial court in the weeks leading up to this year’s election. Smith’s team in October filed a lengthy brief laying out new evidence it planned to use against him at trial, accusing him of “resorting to crimes” in an increasingly desperate effort to overturn the will of voters after he lost to Biden. In dismissing the case, Chutkan acknowledged prosecutors’ request to do so “without prejudice,” raising the possibility that they could try to bring charges against Trump when his term is over. She wrote that is “consistent with the Government’s understanding that the immunity afforded to a sitting President is temporary, expiring when they leave office.” But such a move may be barred by the statute of limitations, and Trump may also try to pardon himself while in office. The separate case involving classified documents had been widely seen as legally clear cut, especially because the conduct in question occurred after Trump left the White House and lost the powers of the presidency. The indictment included dozens of felony counts accusing him of illegally hoarding classified records from his presidency at his Mar-a-Lago estate in Palm Beach, Florida, and obstructing federal efforts to get them back. He has pleaded not guilty and denied wrongdoing. The case quickly became snarled by delays, with U.S. District Judge Aileen Cannon slow to issue rulings — which favored Trump’s strategy of pushing off deadlines in all his criminal cases — while also entertaining defense motions and arguments that experts said other judges would have dispensed with without hearings. In May, she indefinitely canceled the trial date amid a series of unresolved legal issues before dismissing the case outright two months later. Smith’s team appealed the decision, but now has given up that effort. Trump faced two other state prosecutions while running for president. One of them, a New York case involving hush money payments, on felony charges of falsifying business records. It was the first time a former president had been found guilty of a crime. The sentencing in that case is on hold as Trump’s lawyers try to have the conviction dismissed before he takes office, arguing that letting the verdict stand will interfere with his presidential transition and duties. Manhattan District Attorney Alvin Bragg’s office is fighting the dismissal but has indicated that it would be until Trump leaves office. Bragg, a Democrat, has said the solution needs to balance the obligations of the presidency with “the sanctity of the jury verdict.” Trump was also indicted in Georgia along with 18 others accused of participating in a sprawling scheme to illegally overturn the 2020 presidential election there. Any trial appears unlikely there while Trump holds office. The prosecution already after an appeals court agreed to review whether to remove Fulton County District Attorney Fani Willis over her with the special prosecutor she had hired to lead the case. Four defendants have pleaded guilty after reaching deals with prosecutors. Trump and the others have pleaded not guilty.
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