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LOS ANGELES (CNS) - The Securities and Exchange Commission announced Friday that Calabasas-based Cheesecake Factory Inc. will pay a 5,000 penalty for making "false or misleading" disclosures about the impact of the COVID-19 pandemic on its business operations and financial condition.This is the first time the SEC has brought allegations against a public company for misleading investors about the financial effects of the pandemic.According to the SEC's order, the Cheesecake Factory restaurant group said in regulatory filings in March and April that its eateries were "operating sustainably," while failing to disclose that the company was losing roughly million in cash per week and had just 16 weeks of cash remaining.The order finds that although the company did not disclose the information in its filings, the group did share the particulars with potential private equity investors or lenders as it sought additional liquidity during the public health crisis.Without admitting the SEC's findings, the restaurant company agreed to pay the penalty and to cease-and-desist from further violations of the charged provisions. In determining to accept the settlement, the SEC said it considered the cooperation afforded by the company.A Cheesecake Factory representative pointed to a disclosure form filed Friday in which the company stated it was in full compliance with the cease- and-desist order and that the company "fully cooperated with the SEC in the settlement" without admitting or denying the regulators' allegations.The order also finds that although the March filing described actions the company had undertaken to preserve financial flexibility during the pandemic, it failed to disclose that Cheesecake Factory already had informed its landlords that it would not pay rent in April due to the impacts that COVID- 19 inflicted on its business."During the pandemic, many public companies have discharged their disclosure obligations in a commendable manner, working proactively to keep investors informed of the current and anticipated material impacts of COVID-19 on their operations and financial condition," SEC Chairman Jay Clayton said. "As our local and national response to the pandemic evolves, it is important that issuers continue their proactive, principles-based approach to disclosure, tailoring these disclosures to the firm and industry-specific effects of the pandemic on their business and operations. It is also important that issuers who make materially false or misleading statements regarding the pandemic's impact on their business and operations be held accountable."Cheesecake Factory had notified its landlords that it wouldn't pay rent on April 1 due to financial complications stemming from the coronavirus outbreak. A letter sent by Chief Executive David Overton to the restaurant group's landlords -- many of which are shopping mall operators -- was released publicly in March by Eater L.A.The company has 294 restaurants in North America, 39 in California and five in San Diego County.Its largest landlord is Indianapolis, Indiana-based real estate company Simon Property Group, which provides space for 41 Cheesecake Factory locations, according to the San Fernando Valley Business Journal."When public companies describe for investors the impact of COVID-19 on their business, they must speak accurately," said Stephanie Avakian, director of the SEC's Division of Enforcement. "The Enforcement Division, including the Coronavirus Steering Committee, will continue to scrutinize COVID- related disclosures to ensure that investors receive accurate, timely information, while also giving appropriate credit for prompt and substantial cooperation in investigations." 3725

LOS ANGELES (AP) — The leader of a Southern California white supremacist group and two other members were arrested on charges of inciting a deadly riot in Charlottesville, Virginia, last year, prosecutors said Wednesday.The arrests come weeks after other group members were indicted in Virginia on similar charges.Rise Above Movement leader Robert Rundo was arrested Sunday at Los Angeles International Airport and was denied bail in Los Angeles federal court on Wednesday, U.S. Attorney's office spokesman Thom Mrozek said.Two others, Robert Boman and Tyler Laube, were arrested Wednesday morning and Aaron Eason remains at large, Mrozek said. All four are charged with traveling to incite or participate in riots. Attorney information for the defendants could not immediately be found.RELATED: 4 men charged in violent Charlottesville rally described as 'serial rioters'The men allegedly took actions with the "intent to incite, organize, promote, encourage, participate in, or carry on riots" last year in Charlottesville and in the California cities of Huntington Beach, Berkeley and San Bernardino, according to a complaint from the U.S. Attorney's office."RAM members violently attacked and assaulted counter-protesters at each of these events," the complaint said.Prosecutors have described the Rise Above Movement as a militant white supremacist group that espouses anti-Semitic and other racist views and meets regularly to train in boxing and other fighting techniques.The latest arrests come just weeks after the indictments of four other California members of RAM for allegedly inciting the Virginia riot.In August 2017, they made their way to the "Unite the Right" rally in Charlottesville with their hands taped, "ready to do street battle," U.S. Attorney Thomas Cullen said at a press conference announcing the charges earlier this month.Hundreds of white nationalists descended on Charlottesville in part to protest the planned removal of a statue of Confederate Gen. Robert E. Lee.Clashes erupted Aug. 11 as a crowd of white nationalists marching through the University of Virginia campus carrying torches and chanting racist slogans encountered a small group of counter-protesters.The next day, more violence broke out between counter-protesters and attendees of the "Unite the Right" rally, which was believed to be the largest gathering of white nationalists in at least a decade. Street fighting exploded before the scheduled event could begin and went on for nearly an hour in view of police until authorities forced the crowd to disperse.After authorities forced the rally to disband Aug. 12, Heather Heyer, 32, was killed when a car plowed into a crowd of counter-protesters.The death toll rose to three when a state police helicopter that had been monitoring the event crashed, killing two troopers. 2837

LONDON (AP) — Johnny Depp has lost his high-stakes libel case against the Sun tabloid newspaper for labeling him a “wife beater.”Depp sued News Group Newspapers, publisher of The Sun, and the newspaper’s executive editor, Dan Wootton, over an April 2018 article that accused him of assaulting his then-wife and fellow actor Amber Heard.Depp has denied the allegations, but Heard insisted in court that he had abused her.In his ruling, the British judge pointed to several episodes that he said showed the actor’s ex-wife had feared for her life.Justice Andrew Nicol said Monday that the defendants had proved that what they published was “substantially true” during a high-profile trial in London over the summer that included lurid — and irreconcilable — accounts from Depp and Heard.Depp’s lawyers said they would appeal the decision. 844

Live Nation, the parent company of Ticket Master and the owner of dozens of concert venues across the country, said in a press release Wednesday that it was working with local governments in the hopes that its venues could be used as polling places in the upcoming election.So far, Live Nation says that four of its concert venues — The Wiltern and Hollywood Palladium in Los Angeles, Emo’s in Austin and the Buckhead Theatre in Atlanta — will be used as polling stations this November. A fifth venue, The Fillmore in Philadelphia, "is in the final stages of the vetting process."In addition, the company says it is working with local officials across the country to "determine the feasibility" of using 100-plus Live Nation venues as polling places. Live Nation did not specify which locations were being considered, or how many venues they believed would be approved as polling locations.Live Nation added it was partnering with More Than A Vote in their efforts to expand polling locations. More Than A Vote is a coalition of Black athletes led by LeBron James that are aiming to increase participation in the 2020 election among minorities.As part of an agreement to restart the 2020 NBA season, James and other players pushed for the league to adopt a provision in which it would explore ways that teams could use their arenas as polling places during the 2020 election. According to CBS News, about a dozen NBA arenas will host voters on election day, and several more will serve as early voting centers ahead of Nov. 3.However, several NBA teams have been told that they are not able to participate. The Miami Heat were recently told by Miami-Dade County in Florida that a nearby museum center would be used as a polling place instead of their arena. 1765

LOS ANGELES (AP) — Actor Chadwick Boseman, who played Black icons Jackie Robinson and James Brown before finding fame as the regal Black Panther in the Marvel movies, has died of cancer. His representative says Boseman died Friday in Los Angeles after a four-year battle with colon cancer. He was 43. Boseman died at his home in the Los Angeles area with his wife and family by his side, his publicist Nicki Fioravante told The Associated Press. Fans of the actor posted condolences all over social media immediately after the news was reported Friday night.READ REACTION TO CHADWICK BOSEMAN'S DEATH 607