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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 16-year-old boy who fatally shot two fellow students and wounded three others last week at a Southern California high school used an unregistered, untraceable “ghost gun,” Los Angeles County Sheriff Alex Villanueva said Thursday.Villanueva told media outlets that Nathaniel Berhow’s .45 caliber, 1911-model replica semi-automatic pistol was assembled from gun parts and did not have a serial number.Such weapons are a growing problem for law enforcement around the country because the parts are easy to obtain and the guns take limited expertise to build. In Southern California, federal authorities say one-third of all the firearms seized are ghost guns.California has among the strictest gun laws in the country, but they are based on traditional firearms that are made by manufacturers and labeled so ownership can be traced.RELATED: Santa Clarita high school shooting: 2 killed, 3 hurt; suspected shooter in 'grave' condition"Congress and state legislatures enact all these crimes about gun registration but now the gun industry is creating a way to just bypass the entire thing by creating a mechanism to manufacture weapons yourself," Villanueva said.It’s legal to purchase gun kits and assemble them at home. That method allows the purchaser, sometimes a minor or other person prohibited from owning firearms, to avoid background checks required to purchase ready-made guns from licensed dealers.Thomas Groneman, a detective sergeant with the Suffolk County Police Department in New York, said his agency built their own Glock-replica handgun from parts they ordered online as an experiment earlier this year.“It was ridiculously easy to do it,” he said. “It’s scary because anybody — convicted felons, people with psychological issues — can order it online.”RELATED: 'I'm scared': Students relive escape from Saugus High School shootingIn 2017, a Northern California gunman built his own rifles — despite a court order prohibiting him from having guns — and killed his wife and four others in a rampage.While hobbyists have long been able to use spare parts to create a firearm, modern technology has made it far easier to build a deadly weapon.Adam Winkler, a gun policy expert and professor at the University of California, Los Angeles, said that means more criminals will use them and it will be more difficult for police to solve crimes.“Anytime you can trace a gun, you have a little bit more information,” he said. “How did this gun get here? Who sold it, who was the gunmaker, who was the first person they sold it to and what happened?”Police don’t yet know where and when Berhow got the handgun he used to shoot students at Saugus High School in the Los Angeles suburb of Santa Clarita. As the school day was starting on Nov. 14, he pulled the gun from his backpack in an open-air quad and in 16 seconds shot five students at random, police said.RELATED: Santa Clarita school shooting victim named; Suspected gunman diesBerhow counted his rounds, saving the last bullet for himself, investigators said. He died from a head wound the next day.Anne Muehlberger, 15, and Dominic Blackwell, 14, were killed. The other three students were hospitalized and the last of them went home earlier this week.Berhow’s father was an avid hunter who died two years ago. He had six registered guns, but officials found several other unregistered firearms in the family home after the shooting and are working to determine their history.The sheriff said Berhow’s motive remains a mystery, even after investigators searched his home and interviewed 45 people. Berhow’s mother had no idea of her son’s plans, Villanueva said.Authorities said Berhow had shown no signs of violence and didn’t appear to be linked to any ideology or terrorist group. He ran cross country, was a Boy Scout and had a girlfriend.The sheriff’s department is working with federal authorities to unlock Berhow’s cellphone, Villanueva said. 3943

LOS ANGELES (AP) — Nick Cannon has apologized for "hurtful and divisive" anti-Semitic comments that led ViacomCBS to cut ties with the TV host and producer. The company's move came in response to remarks made by Cannon on a podcast in which he discussed racial bias with a former Public Enemy member, Richard Griffin. Cannon produced "Wild 'n Out," a comedy improv series for VH1, the ViacomCBS-owned cable channel. Cannon says in a series of apology tweets that he had spoken with several Jewish leaders Wednesday and was committed to better educating himself in the future. The Anti-Defamation League and Jewish leaders had demanded the apology for anti-Semitic theories expressed by Cannon.Rabbi Abraham Cooper, the Simon Wiesenthal Center’s associate dean, told The Associated Press that Cannon reached out to him Wednesday and during a telephone conversation he asked him to post the apology on Twitter.Cannon apologized in a lengthy post on Twitter."First and foremost I extend my deepest and most sincere apologies to my Jewish sisters and brothers for the hurtful and divisive words that came out of my mouth during my interview with Richard Griffin," Cannon wrote. 1181

LOS ANGELES (AP) — Paul and Jamie Buchman are picking up where they left off 20 years ago on "Mad About You."On-demand service Spectrum Originals said Wednesday a limited series will bring Helen Hunt and Paul Reiser back as the New York City couple.The original series, which aired from 1992 to 1999, followed the Buchmans as newlyweds through early parenthood.The sequel will explore modern marriage from the perspective of empty nesters, Spectrum said. It's set to debut in late 2019.In a statement, Hunt and Reiser promised the same funny, heartwarming show, adding, "as soon as we can remember what's funny about being older."Danny Jacobson, who co-created the show with Reiser, is a consultant.Spectrum Originals is launching this spring with the Gabrielle Union-Jessica Alba drama series "L.A.'s Finest." 818

Lori Becerra has a lot of work to do, picking up the pieces of Category 4 Hurricane Michael.Becerra helps run Southern Assisted Care, a place seniors with Alzheimer’s call home.“With their cognition, they don’t always recognize what’s going on,” explains Becerra. “So, we tried to kind of keep it from them.Since Alzheimer’s patients don’t always process information the same way, Becerra says she didn’t want to create unnecessary stress.But how do you keep a Category 4 storm howling on the other side of a boarded-up window a secret?Becerra says they kept their residents entertained.  “In the middle of everything, being scary and you know you’re hearing trees come down and hearing wind howl, you’re turning on music on the radio and doing a dance party,” she says. “You’re putting out puzzles to do a puzzle.”Becerra says it was just about keeping her residents distracted.“And they haven’t been back outside since the storm so they don’t even realize what’s happened,” she says.The facility is now without running water, and Becerra expects to be running on generators for days, if not longer. She says she’ll take the burden of the stress, so the residents, as she puts it, can stay blissfully unaware.“It’s protected them from having to go through what we’re feeling emotionally when we see it,” Becerra says. 1331

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