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SAN DIEGO (CNS) - A San Diego-based telemarketer was fined nearly million by the Federal Communications Commission Wednesday for making more than 47,000 robocalls over a two-day period leveling false accusations against a local state Assembly candidate and manipulating caller ID information to appear as though a competitor was making the calls.Kenneth Moser and his company, Marketing Support Systems, were fined ,997,750 for making the calls on May 30 and May 31, 2018, about one week prior to the primary election, in which Philip Graham unsuccessfully sought to represent the 76th Assembly District.Shortly before the primary, a woman accused Graham of kissing her against her will in an Encinitas bar, triggering a sheriff's department investigation that concluded the claim was unfounded. Nichole Burgan, the woman at the heart of the allegation, later pleaded guilty to filing a false report.According to the FCC, the robocall messages repeated Burgan's claim and caller ID information was manipulated to make the calls appear as though they originated from another telemarketing company, HomeyTel, described as a competitor to Moser's company. As a result, HomeyTel received "a multitude of angry complaints" from people who received the calls, as well as a cease-and-desist letter from Graham, according to the FCC.The agency said 47,610 robocalls were made during the two-day period, with multiple calls sometimes sent to the same recipients.The calls violated the Truth in Caller ID Act prohibiting manipulation of caller ID information -- otherwise known as spoofing -- with the intent to defraud, cause harm or wrongfully obtain anything of value, according to the FCC. 1697
SAN DIEGO (CNS) - A San Diego physician already facing a federal mail fraud charge for allegedly selling a false COVID-19 cure has been indicted on new charges of impersonating one of his employees to obtain hydroxychloroquine, making false statements to investigators and importing what he believed was hydroxychloroquine smuggled out of China, the U.S. Attorney's Office announced Thursday.Dr. Jennings Ryan Staley, 44, who formerly operated Skinny Beach Med Spas in and around San Diego, was indicted on the latest charges Wednesday by a federal grand jury. In addition to mail fraud, he's now charged in a superseding indictment with importation contrary to law, making false statements, and aggravated identity theft.Staley was originally charged earlier this year for allegedly marketing and selling pricey "COVID-19 treatment packs," described as a "concierge medicine experience" priced as high as ,995 for a family of four. Prosecutors allege he paid roughly per tablet of hydroxychloroquine included in the kits.The U.S. Attorney's Office said Staley's marketing materials stated customers should "NOT BELIEVE THE REPORTS THAT HYDROXYCHLOROQUINE DOESN'T WORK!" and he allegedly told an undercover FBI agent who posed as a customer that the purported treatment was a "magic bullet" and a "miracle cure."When asked whether the treatment kit would cure someone infected with COVID-19, he allegedly said, "One hundred percent," but later denied ever making the claim.The U.S. Attorney's Office alleges he tried to solicit investments for his COVID-19 cure venture, telling one customer and prospective investor that he sought a ,000 minimum investment and aimed to raise 0,000 total. He allegedly promised the customer that she would be repaid "triple your money in 90 days."Prosecutors allege Staley obtained hydroxychloroquine pills in several ways, including by soliciting them from acquaintances and employees with preexisting hydroxychloroquine prescriptions, and writing prescriptions for immediate family members and acquaintances to get the drugs "by any means necessary."He allegedly wrote a fake hydroxychloroquine prescription using the name, date of birth and prior home address of one of his employees, and took the prescription to multiple pharmacies in an attempt to obtain the drug. He also allegedly pretended to be her while ordering pills online.The U.S. Attorney's Office said Staley falsely claimed to investigators that the employee had allowed him to use her pre-existing medical condition to get hydroxychloroquine tablets.Staley also allegedly tried to obtain hydroxychloroquine through a Chinese supplier by lying to customs officials about a shipment coming into the U.S.While Staley believed the mislabeled "yam extract" package contained hydroxychloroquine powder, it actually only contained baking soda, the U.S Attorney's Office said.Prosecutors say he planned to make his own hydroxychloroquine tablets using the powder he believed he'd obtained."People must be able to trust their doctors to offer honest medical advice instead of a fraudulent sales pitch, especially during a global pandemic," said U.S. Attorney Robert Brewer. "Medical professionals who lie about their treatments to profit from a desperate, fearful public will face criminal charges and serious consequences like any other lawbreaker."Staley is due back in a San Diego federal courtroom on Dec. 17. 3426

SAN DIEGO (CNS) - A local meal delivery nonprofit began sales Monday for its 15th annual Mama's Pies Thanksgiving Bake Sale, which raises funds to combat hunger among residents with illnesses like cancer and HIV. During the sale, which runs through Nov. 24, residents can order pumpkin, apple, pecan and Dutch apple pies to be delivered Nov. 27, the day before Thanksgiving. Nearly 20 local bakeries and caterers are expected to bake pies for the annual fundraiser and more pie bakers are needed, according to the organization. ``Our annual bake sale is a time-honored tradition that gives community members from around the region an opportunity to give back to our neighbors in need,'' said Mama's Kitchen Executive Director Alberto Cortes. ``Whether you're purchasing a pie, making a donation or volunteering for pie delivery, every hand up counts.'' Mama's Kitchen met its goal of 0,000 raised during last year's bake sale and aims to raise at least 0,000 during this year's six-week sale, which the organization says will fund the delivery of some 51,000 meals for residents with critical illnesses. All proceeds from the sale will directly benefit the organization's services that combat hunger. Volunteers with the AIDS Assistance Fund founded the organization in 1990 to support HIV and AIDS patients. Since then, Mama's Kitchen has expanded its services to more than 1,600 residents countywide who have cancer, congestive heart failure and Type II diabetes and deal with hunger. Residents can order pies for each and volunteer to deliver pies at mamaspies.org. Prospective pie bakers are advised to contact Mama's Kitchen marketing and events coordinator Silvia Dominguez at 619-233-6262, ext. 114 or silvia@mamaskitchen.org. 1751
SAN DIEGO (CNS) - Four local restaurants and gyms are suing the state and county over its coronavirus restrictions as a shutdown of indoor operations takes effect for many county businesses.The lawsuit was filed Thursday in San Diego Superior Court on behalf of Cowboy Star Restaurant and Butcher Shop, Home & Away Encinitas, Fit Athletic Club and Bear Republic.The suit comes as San Diego County is slated to shut down indoor operations for nonessential businesses at midnight Saturday due to its recent entry into the most restrictive, purple tier of the state's coronavirus reopening plan.The businesses allege that San Diego's increased case numbers are not a result of exposures at restaurants, gyms and other types of businesses that will be impacted by the impending closures. The lawsuit cites recent figures indicating restaurants/bars, retail businesses, places of worship, schools and gyms make up a small percentage of confirmed community outbreaks.San Diego County Public Health Officer Dr. Wilma Wooten recently submitted an adjudication request to the state seeking to have San Diego County remain in the red tier. The request was rejected by the state last week.``Penalizing the impacted sectors for case increases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back forth of reopenings,'' Wooten's request states.The businesses allege in their complaint that they may be forced to shut down permanently if the shutdown is not averted. Each business said it has had to undergo significant closures due to the pandemic, despite abiding by public health orders and implementing safety measures to remain in compliance with the orders. 1726
SAN DIEGO (CNS) - Brutal temperatures and a heat advisory are expected to continue through Monday in San Diego County, according to the National Weather Service.Building high pressure over the southwestern United States have ushered in scorching temperatures for the next five to six days, forecasters said.The NWS issued an excessive heat warning that will be in effect from noon today to 9 p.m. Monday in the county valleys, mountains and deserts.RELATED: Eight cool zones open through Friday in San Diego County as temperatures soarThe NWS urged residents to drink plenty of fluids, stay out of the sun and check up on relatives and neighbors. Also, children and pets should be never be left unattended in a vehicle, with car interiors able to ``reach lethal temperatures in a matter of minutes,'' according to the NWS.High temperatures today are forecast to reach 82 degrees near the coast, up to 103 inland, up to 110 in the western valleys, 103 near the foothills, 103 in the mountains and 120 in the deserts.Highs in the county deserts are expected to remain around 118 through Wednesday, according to the NWS. The mercury in the western valleys is forecast to top out in the low-to-mid 90s through Wednesday as well, while highs near the foothills will remain in the mid-to-high 90s through at least Thursday.Borrego Springs set a high temperature record on Thursday, according to the NWS. The city recorded a high of 117, eclipsing its previous mark for the date of 114 in 2012. 1495
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