Monday, November 5, 2012

SUPPLIES ON THE WAY TO STORM RAVAGED COMMUNITIES

West Virginia Air National Guard members assigned to the 167th Airlift Wing load pallets of blankets destined for use by Hurricane Sandy victims onto a C-130 cargo aircraft at Shepherd Field Air National Guard Base in Martinsburg, W.Va., Nov. 3, 2012. A total of 25,000 blankets were flown from the base to John F. Kennedy Airport in New York. West Virginia Air National Guard photo by 2nd Lt. Stacy Gault
FROM: U.S. DEPARTMENT OF DEFENSE

Guardsmen Send Supplies to Storm-stricken Communities

By Air Force Staff Sgt. Sherree Grebenstein
167th Airlift Wing, West Virginia Air National Guard

SHEPHERD FIELD AIR NATIONAL GUARD BASE, Martinsburg, W.Va., Nov. 4, 2012 - The Federal Emergency Management Agency tapped the West Virginia Air National Guard's 167th Airlift Wing here as a staging area to push out much-needed relief supplies to West Virginia and East Coast residents hit hard by Superstorm Sandy.

Although FEMA's stay at the Martinsburg base was brief -- officially ceasing its operations here on the evening of Nov. 3 -- the 167th demonstrated its vital importance in providing resources, manpower and an ideal locale to headquarter the humanitarian aid mission from in this region of the state.

FEMA operations here spun up at the beginning of the month with airmen and soldiers from the West Virginia National Guard working in tandem to ensure that emergency supplies trucked in from around the country were distributed to those in need. Some areas of West Virginia reportedly received up to 80 inches of snow.

According to Air Force Capt. Christopher T. Tusing, installation deployment officer for the 167th Airlift Wing, the unit's airmen were assigned to work on the logistical mission of unloading water and food from FEMA trailers and loading them onto Army Guard vehicles destined for some of the hardest hit communities in the state.

"The 167th Airlift Wing provided over 56 airmen in all to support emerging Hurricane Sandy response over the last week, in direct collaboration with West Virginia Army National Guardsmen and FEMA," Tusing said.

"Our members quickly stepped up, coordinating operations with the West Virginia Joint Operations Center in Charleston," he said. "We provided community assessment teams and hands-on load teams to facilitate the effective distribution of numerous pallets of Meals Ready to Eat and water, and provided aide to fellow West Virginians in need."

The collaboration "continues to illustrate the dedication and commitment levels of the men and women who serve in the joint operating environment of the West Virginia National Guard," Tusing said.

Air Force Col. Roger L. Nye, commander of the 167th Airlift Wing, said he was impressed with how West Virginia's Air and Army National Guard components came together to assist FEMA in providing aid to those in need.

Operation Big Sandy Superstorm tested the mettle of the wing's airmen and they were up to the challenge, Nye said.

"They responded with gusto and dedication and determination to do this mission safely and to do it right," Nye said of the 167th's airmen. "Probably one of the greatest satisfactions that we get out of this job is helping others."

Liaison officer teams from the wing were also sent to West Virginia's Berkeley, Morgan and Jefferson counties. Each team consisted of three airmen who assisted each county in its Emergency Operations Center. One of the teams was later dispatched to Upshur County.

"They [the teams] stepped forward as the wing always does and went to be a part of the solution," Nye said of the unit's liaison teams.

Even as FEMA began to wind down its operations on base the evening of Nov. 3, the commander said, the wing received notice that trucks carrying a total of 25,000 blankets would soon be rolling in. Some C-130 cargo aircraft from Little Rock, Ark., would fly them to New York.

Wing airmen worked into the night to load the blankets onto the C-130s. By dawn, the aircraft were en route to John F. Kennedy Airport.

"They loaded up and went before daybreak, before the rest of the world was awake," Nye said. "Those airplanes are doing triple shuttles."

Whether handling cargo or working another support mission, Nye said the 167th Airlift Wing's airmen should be proud of their accomplishments.

"Everything that happens on this base supports the mission, whatever it is at that time," he noted. "The folks that are at the tip of the spear -- whatever that spear may look like that day -- can't do the job they do without the support of everyone behind them."

The 167th's effort in its support role was outstanding, Nye said. When asked how he would describe the past week, the commander said one word "satisfaction" could best convey his feeling.

"It's been very satisfying," Nye said. "Even though we are tired, we know that we are helping our fellow Americans and it feels good."

RENEWAL OF SUDAN NATIONAL EMERGENCY IN EXECUTIVE ORDER 13067




 FROM: U.S. DEPARTMENT OF STATE
Renewal of Sudan National Emergency
Media Note
Office of the Spokesperson
Washington, DC
November 2, 2012

 The President renewed the national emergency in Executive Order 13067, on the basis of which the United States has imposed economic sanctions with respect to Sudan since 1997. U.S. law requires that a decision be made regarding the renewal of the national emergency each year by the anniversary of the national emergency.


Sudan.  Map Credit:  CIA World Factbook  
 
In recent years, Sudan has made progress in resolving a number of outstanding issues with South Sudan, which contributes significantly to the prospects for peace between the two countries. However, the ongoing conflict in Southern Kordofan, Blue Nile, and Darfur continue to threaten regional stability, and the human rights and humanitarian crises there – including the lack of humanitarian access – are very serious. Outstanding issues with South Sudan, such as the final status of Abyei, also pose such a threat. Addressing these concerns is necessary for a peaceful Sudan and would enable the United States and Sudan to move towards a normalized relationship.
We will continue our dialogue with the Government of Sudan on the steps that are necessary to improve our bilateral relationship.
 
 






 

STATEMENT OF U.S. DELEGATION TO UN

Photo:  UN In Vienna.  Credit:  Wikimedia
FROM: U.S. STATE DEPARTMENT

Regional Disarmament and Security Segment of Thematic Debate in the First Committee of the Sixty-seventh Session of the United Nations General Assembly

Remarks
Statement by Delegation of the United States of America
New York City
November 2, 2012

Submitted for the Record

As an Atlantic and Pacific state, the United States has an enduring interest in maintaining peace and prosperity across many regions. We have seen the value of strengthening partnerships and cooperation with regional and other inter-governmental organizations. We have seen the fruits of our labors in regions that have enjoyed almost unparalleled periods of peace, prosperity, and stability. These efforts are most effective only when regional parties meet their commitments fully.

Many delegations have mentioned proliferation crises in the Middle East and Northeast Asia and concerns over strategic stability in South Asia. Other regions are making progress, for example, in consolidating nuclear-weapon-free zones, as we have noted in an earlier statement. The United States also shares the goal of a WMD free zone in the Middle East, freely arrived at by the countries of the region that have primary responsibility for realizing this goal. We have been working with fellow NPT depositaries in support of Middle East Conference facilitator Laajava’s efforts, but the impetus for a WMD free zone must come from the region.

The United States has played a significant role, alongside our European partners, in post-Cold War Europe. We have made a serious investment in building the current security architecture in Europe. Each regime – the Conventional Armed Forces in Europe Treaty (CFE), the Treaty on Open Skies, and the Vienna Document 2011 on confidence- and security-building measures – is important and contributes to security and stability in a unique way, but when they are working in harmony and implemented fully, the result is greater confidence for all of Europe. The very successful Open Skies Treaty, which entered into force ten years ago, is one of the most wide-ranging international arms control efforts to date to promote openness and transparency in military forces and activities. The observation flights serve to enhance military transparency and provide an opportunity for representatives of the 34 signatories – in most cases, military personnel – to regularly and effectively work together.

The Vienna Document, with its confidence and security building measures, which apply to all 56 participating States of the Organization for Security and Cooperation in Europe, contributes to Europe-wide confidence and reassurance by promoting greater military transparency. It is also a useful template for other regions, as they look to build confidence in the military intentions of their neighbors. With roots in the 1975 Helsinki Final Act, we are actively engaged with our partners to modernize the Vienna Document to make it more relevant for 21st century military capabilities and security realities. Going forward we have two goals in mind: we want to strengthen existing provisions and we want to ensure that the Document remains relevant to today’s security challenges and budget realities in Europe.

If we look back over the course of the CFE Treaty’s implementation, the regime has been a historic success story, eliminating more than 72,000 pieces of Cold War military equipment since its entry into force. Thousands of inspections have taken place at military sites all over Europe, dramatically increasing confidence and military transparency. The CFE regime remains important to the United States, and for European security as a whole, despite the fact that Russia ceased implementation of its CFE obligations in December 2007. After trying for several years to convince Russia to resume implementation, in November 2011, the United States and our NATO Allies that are party to the Treaty, as well as Georgia and Moldova, ceased carrying out certain obligations under the CFE Treaty with regard to Russia. Since that step, we are consulting with allies and partners about the lessons learned from the implementation of CFE and other existing agreements and how arms control can most effectively address 21st century challenges.

The fact is, the problem addressed by the CFE Treaty originally – the destabilizing surplus of conventional arms on the continent – has been resolved, in no small part through implementation of this important treaty. Today, for the most part, quantities of conventional armaments across the European continent are way below the negotiated ceilings, and are likely to continue to drop. While the global security environment has changed significantly since 1989, conventional arms control, when done right, can significantly improve security on the continent and provide confidence regarding the military forces and intentions of neighbors, especially in sensitive areas. We must devote adequate resources to keep the arms control regimes going strong. We must adapt and improve our efforts to meet our current and future security needs, and do it in a way that is efficient and effective for all countries involved.

The United States sees great value in collaborative approaches across the whole spectrum of our arms control initiatives in Europe and beyond. The Cooperative Threat Reduction Program initiated by Senators Sam Nunn and Richard Lugar after the fall of the Soviet Union was a success story with regard to safeguarding the materials, facilities, and expertise needed to develop WMD. Under the CTR program in Russia, we have successfully partnered to deactivate nuclear warheads, implement security upgrades at nuclear storage sites, neutralize chemical weapons, safeguard fissile materials, productively engage thousands of former weapons scientists in civilian research, and mitigate biological threats. We believe there is much left for us to accomplish in cooperation with Russia and third countries. We hope to extend the Cooperative Threat Reduction (CTR) program with Russia as a broader basis for our cooperation on securing WMD and related issues globally. The United States is committed to continuing our longstanding and successful cooperation and identifying a broader basis for partnership on securing WMD and related issues globally. From its initial focus twenty years ago on Russia and the newly independent states, the Nunn-Lugar program has withstood the test of time and is expanding its reach to other parts of the world.

Developing partnerships between regions and international organizations is also key to moving ahead. One such example of effective regional cooperation is the effort of some regional groups of States Signatories of the CTBT working together to increase the capacity of those states to effectively participate in establishing the Treaty’s verification regime. This is being achieved through joint regional exercises as well as workshops to share best practices. In some cases, regional groups are discussing ways to share resources through the creation of Regional Data Centers that receive and distribute Treaty-related verification data and products.

Years of experience in Europe and elsewhere have affirmed that disarmament initiatives at the global and regional levels are mutually reinforcing. As we all know, effective global norms and instruments are implemented at regional, sub-regional and national levels. At the same time, efforts at the sub-regional and regional levels can build momentum towards disarmament initiatives at the global level. These relationships and interconnections shape our collective work and activities. But we also know from history that strong partnership between us takes sustained effort.

FORMER SILICON VALLEY EXECUTIVE SETTLES SEC CHARGES STEMMING FROM HEDGE FUND INSIDER TRADING CASE

Photo Credit:  Wikimedia Commons
FROM: U.S. SECURITIES AND EXCHANGE COMMISSION

Former Silicon Valley Executive to Pay $1.75 Million to Settle Insider Trading Charges

On October 24, 2012, the Securities and Exchange Commission charged a former senior executive at a Silicon Valley technology company for illegally tipping convicted hedge fund manager Raj Rajaratnam with nonpublic information that allowed the Galleon hedge funds to make nearly $1 million in illicit profits.

The SEC alleges that Kris Chellam tipped Rajaratnam in December 2006 with confidential details from internal company reports indicating that Xilinx Inc. would fall short of revenue projections it had previously made publicly. The tip enabled Rajaratnam to engage in short selling of Xilinx stock to illicitly benefit the Galleon funds. Chellam tipped Rajaratnam, who was a close friend, at a time when Chellam had his own substantial investment in Galleon funds and was in discussions with Rajaratnam about prospective employment at Galleon. Chellam was hired at Galleon in May 2007.

Chellam, who lives in Saratoga, Calif., has agreed to pay more than $1.75 million to settle the SEC's charges. The settlement is subject to court approval.

According to the SEC's complaint filed in federal court in Manhattan, Xilinx announced in October 2006 the financial results for the second quarter of its 2007 fiscal year. Xilinx also provided guidance for the third quarter by projecting revenues of approximately $476 million to $490 million. Xilinx said it would update this revenue guidance on Dec. 7, 2006.

The SEC alleges that in the weeks leading up to Xilinx's December 7 update, Chellam received multiple reports indicating that the company's third quarter business results were not going to be as positive as projected in October. Chellam learned on November 21 that the top end of the projected revenue range was being lowered from $490 million to $470 million. He attended a December 4 confidential executive staff meeting where the bottom end of the revenue projection was lowered from $476 million to $455 million. On December 5, Chellam telephoned Rajaratnam and tipped him about Xilinx's worse-than-expected performance. Just minutes after the call, Galleon hedge funds controlled by Rajaratnam sold short Xilinx stock, eventually selling short more than 650,000 shares over the course of that day and the following day.

According to the SEC's complaint, the Galleon hedge funds reaped approximately $978,684 in illegal profits after the December 7 announcement by covering the substantial short position that Rajaratnam had accumulated based on Chellam's tip. Chellam had more than $1 million invested in one of the Galleon hedge funds in which Rajaratnam placed these trades. In May 2007, Chellam became the co-managing partner of the Galleon Special Opportunities Fund, a venture capital fund that focused on investments in late-stage technology companies. Chellam continued to work at Galleon until April 2009 and continued to obtain confidential information about Xilinx's financial performance and pass it along to Galleon colleagues. Chellam earned approximately $675,000 in total compensation during his employment at Galleon.

The SEC's complaint charges Chellam with violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, and Section 17(a) of the Securities Act of 1933. The proposed final judgment orders Chellam to pay $675,000 in disgorgement, $106,383.05 in prejudgment interest, and a $978,684 penalty. Chellam also would be barred for a period of five years from serving as an officer or director of a public company, and permanently enjoined from future violations of these provisions of the federal securities laws. Chellam neither admits nor denies the charges.

The SEC has now charged 32 defendants in its Galleon-related enforcement actions, which have exposed widespread and repeated insider trading at numerous hedge funds and by other traders, investment professionals, and corporate insiders throughout the country. The alleged insider trading has occurred in the securities of more than 15 companies for illicit profits totaling approximately $93 million.

TWO "IMAGINE" GROUP MEMBERS SENTENCED FOR CRIMINAL COPYRIGHT CONSPIRACY


FROM: U.S. DEPARTMENT OF JUSTICE

Friday, November 2, 2012

WASHINGTON – Two members of the Internet piracy group "IMAGiNE" were sentenced to prison today in Virginia, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney Neil H. MacBride for the Eastern District of Virginia and Special Agent in Charge John P. Torres of U.S. Immigration and Customs Enforcement Homeland Security Investigations (ICE-HSI) in Washington, D.C.

Willie Lambert, 57, of Pittston, Pa., was sentenced today by U.S. District Judge Arenda L. Wright Allen in the Eastern District of Virginia to serve 30 months in prison, three years of supervised release and $449,514 in restitution, jointly and severally with co-defendants. Sean M. Lovelady, 28, of Pomona, Calif., was sentenced today by Judge Wright Allen to 23 months in prison, three years of supervised release and $7,500 in restitution.

Lambert and Lovelady were indicted along with two other defendants on April 18, 2012, for their roles in the IMAGiNE Group, an organized online piracy ring that sought to become the premier group to first release to the Internet copies of movies only showing in theaters.

Lovelady and Lambert each pleaded guilty in U.S. District Court for the Eastern District of Virginia to one count of conspiracy to commit criminal copyright infringement on May 9, 2012, and June 22, 2012, respectively.

According to court documents, Lambert, Lovelady and their co-conspirators sought to illegally obtain and disseminate digital copies of copyrighted motion pictures showing in theaters. Both Lovelady and Lambert admitted that they went to movie theaters and secretly used receivers and recording devices to capture the audio sound tracks of copyrighted movies (referred to as "capping"). After obtaining, editing and filtering audio sound tracks and uploading them to servers utilized by the IMAGiNE Group, Lambert and Lovelady used and attempted to use software to synchronize the audio file with an illegally obtained video file to create a completed movie file suitable for sharing over the Internet among members of the IMAGiNE Group and others.

Co-defendants Jeramiah B. Perkins and Gregory Cherwonik each pleaded guilty to one count of conspiracy to commit criminal copyright infringement on Aug. 29, 2012, and July 11, 2012, respectively. Perkins is scheduled to be sentenced on Jan. 3, 2013, and Cherwonik is scheduled to be sentenced on Nov. 29, 2012.

The investigation of the case and the arrests were conducted by agents with HSI. Assistant U.S. Attorney Robert J. Krask of the Eastern District of Virginia and Senior Counsel John H. Zacharia of the Justice Department Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) are prosecuting the case. Significant assistance was provided by the CCIPS Cyber Crime Lab and the Criminal Division’s Office of International Affairs.

This case is part of efforts being undertaken by the Department of Justice Task Force on Intellectual Property (IP Task Force) to stop the theft of intellectual property. Attorney General Eric Holder created the IP Task Force to combat the growing number of domestic and international intellectual property crimes, protect the health and safety of American consumers, and safeguard the nation’s economic security against those who seek to profit illegally from American creativity, innovation and hard work.

MARS IN A MINUTE

FROM: NASA
MARS IN A MINUTE

What would it feel like if you could stand on Mars – toasty warm, or downright chilly? Find out more about the temperature on Mars in this 60-second video from NASA’s Jet Propulsion Laboratory







ALBAINA CELEBRATES 100 YEARS OF INDEPENDENCE

Albania Map.  From:  CIA World Factbook.
FROM: U.S. STATE DEPARTMENT
Remarks Commemorating 100 Years of Albanian Independence
Remarks
Hillary Rodham Clinton
Secretary of State
Parliament
Tirana, Albania

November 1, 2012
SECRETARY CLINTON:
I am delighted to be here and to have this opportunity to speak before this parliament of a free, independent, sovereign, democratic Albania. (Applause.) Mr. President, Madam Speaker, Mr. Prime Minister, members of parliament, the honor is especially great because I am joining you in celebrating your jubilee – 100 years of independence. That was a hard-fought victory.

As I walked with – I love saying Madam Speaker – with Speaker Topalli through the halls, I saw the photographs of your predecessors. So much has happened over the last 100 years, but one thing has been constant: The United States of America has been your friend and your partner, and we are very proud of that. (Applause.)

Our ties have only strengthened and multiplied. And it is not only between our governments, it is between our people. The American and Albanian people share the capacity to demonstrate resilience and resolve. You, like us, have been determined to be free, to build a thriving democracy and a flourishing economy. You, like us, hold a fierce desire to put past struggles behind you and achieve a future of peace and opportunity for all.

I am very grateful for this partnership and our historic friendship, just as I am grateful for the contributions that thousands of Albanians have made to my own country. You know so well that Albanian Americans serve in our government and our armed forces. They are entrepreneurs and teachers, engineers and artists, religious leaders, and they run some of the best restaurants in the world. (Applause.)

Albanian culture is a rich component of American life. I came to know that well as a senator from New York for eight years. And Mr. President, I was deeply honored to receive earlier today the Order of the National Flag. I will forever cherish that. (Applause.) It was yet another symbol of the strong friendship between us.


Albania Locator Map.  Credit:  CIA World Factbook


A hundred years ago this month, U.S. President Woodrow Wilson defended Albania’s independence and stopped your country from being partitioned in the aftermath of World War I. Through the decades that followed, American leaders, Democrats and Republicans alike, repeatedly stepped forward to support your rights and your freedoms, not only here in Albania but throughout the region.

I appreciated greatly the kind words of the Speaker about the role that the United States played in quickly reestablishing relations with Albania in 1991 under President George H.W. Bush. And, of course, I was very honored and delighted to once again hear what my husband had done, establishing an enterprise fund. (Applause.) As President, President Clinton did establish an enterprise fund to bring U.S. investment back to Albania, supported democratic elections here, and worked with Albania and our NATO allies to protect Kosovo and restore stability to the region. And then five years ago, President George Bush became the first sitting president to visit Albania. (Applause.) And in 2009, President Obama was proud to welcome you, along with Croatia, as our newest members in NATO.

I am here today at this milestone in your nation’s history with a message for all the people of Albania. The United States stood with you for your first 100 years of independence, and we will stand with you for the next 100, and the 100 after that, and the 100 after that. (Applause.)

As I was sitting in the chair behind me, looking out at all of you and seeing your faces and thinking about your parents and your grandparents and your great-grandparents and all they endured – invasions, occupation, communist dictatorship, severe depravation – it’s hard to believe today that not long ago, Albania was the most isolated country in Europe. You had none of what you have today: political and social freedoms, self-determination, and opportunity. So many Albanians had to leave the families and places they loved to seek those elsewhere.

But you have so much to celebrate now. This jubilee is not just about the past. It is a challenge to what you will become in the future.

Twenty years ago, you were just emerging from the yoke of communism; now, the elected representatives of the people engage in debates and vote openly on the laws of the land, activities that were once impossible.

Back then, your economy was closed, and you have worked hard to open it, to create the conditions for entrepreneurship, trade, and investment, laying the foundation for even better economic opportunity ahead.

Back then, Albania was the land of hundreds of thousands of concrete bunkers, evidence of the mistrust that the communist leaders felt not only toward other nations, but toward their own people. Now you are a valued member of NATO, a valued participant in the International Security Force in Afghanistan, and I express my condolences for the first loss of an Albanian soldier there. And you are moving toward full integration into Europe as you seek accession to the European Union.

This is all grounds for celebration. But I think we all know that Americans and Albanians can never be satisfied. We have to ask ourselves, what more can we do? How much better can we make life for those whom we serve? You cannot stop now. You have the potential to become a model, not just for this region, not just for Europe, but for the world. (Applause.)

And the United States has a great stake in your success. We not only want to see our relationship grow even stronger, we want to see you grow even stronger. (Applause.) We want to see your economy, your democracy be the envy of people everywhere. We fully endorse Albania’s EU aspirations because we think that will make you stronger. It will also be good for Europe, and although we don’t have a vote on that particular membership application, we will tell all who will listen how strongly we support you. (Applause.)

Albania and the Albanian people deserve a place in the European family of nations. That is not only good for you, it will make this continent more peaceful and secure. But in order for that to happen, the next months pose critical decisions for you here in this hall, for your government, and for your people. As a friend and admirer of Albania, there are a few challenges in particular I hope you will meet. They are vital to your long-term progress.

First, please work to ensure that your upcoming elections are free and fair and seen as such by the entire world. That is first and foremost so that the people of Albania can have faith in the results and trust in you as their leaders. It’s also an important signal to the EU that Albania’s politics can function smoothly and without strife. I know many of you are focused on this issue and are taking steps now to put a clear and effective process into place, and I commend you for that.

As someone who has been in politics, and run in very contested elections, and have won some and lost others, I know how hard politics in the modern world can be. (Applause.) And I can also attest to how elections draw the world’s attention, because with Twitter and Facebook and instantaneous communications, you have to assume everything will be known, will be seen, which is good for democracy, but it puts an extra burden on those of us who are leaders. So I urge not only leaders of Albania, but the people, the citizens of Albania, to work hard to make this next election a success that reflects the depth of your commitment to democracy.

At the same time, it’s always important to remind ourselves that consolidating democracy requires more than elections. It requires the rule of law. It requires strong institutions, including an effective and impartial judiciary. It requires openness in government so citizens can hold us, hold leaders, accountable. Attributes like these ensure that democracy delivers concrete results to the people. And when those are subverted, there needs to be accountability.

Secondly, I urge you to tackle the problem that afflicts so many democracies in the world today, namely, corruption. This is a fight every country must wage and win, because all over the world, corruption is a cancer that eats away at societies. It drains resources, it blocks economic growth, it shields incompetent and unethical leaders, and perhaps worst of all, it creates a culture of impunity that saps people of their will to improve their own lives and communities.

There’s no easy to answer to this. It’s as old as human nature. I’m sure if there were an easy answer, the world would have solved this a long time ago. Rooting out corruption demands constant effort and a shared commitment. No matter your party, no matter your differences, I urge all of Albania’s leaders to summon the political will to work together, to confront this threat to your independence.

And that points to the final challenge that I want to raise with you, one that is relevant to everything else I’ve mentioned. For Albania’s democracy to thrive, Albania’s leaders will need to build a culture of cooperation that transcends political differences, what Alexis de Tocqueville, the great historian of America’s early years, termed the habits of the heart. They’re at the core of every successful democracy.

Now, this is a challenge some countries are never able to meet, but I believe Albania can. Now, again, I have personal experience with this. As a Democratic senator, I frequently worked with Republicans across the aisle to solve problems, to deal with issues that affected my state and my country. And you may have noticed that I now serve as Secretary of State for President Obama, my former rival.

People around the world still ask me how can President Obama and I work together every day as partners when we fought so hard against each other. Believe me, I did everything I could to beat him. (Applause.) But he won, and then he asked me to be his Secretary of State. And so when I’m asked how, how can two people who said terrible things about each other, spent tens of millions of dollars advertising against each other, whose supporters were arguing everywhere – (applause) – against each other, how can you two work together? I will tell you it’s a very, very simple answer. We both love our country. (Applause.) And I know there is not an Albanian here who doesn’t love Albania.

So I hope that you, too, can find your way to sincere, sustained cooperation. Hold different political beliefs, believe that you would be a better leader than the other person. That’s what politics is about. You wouldn’t be doing it if you didn’t believe that about yourself. But at the end, putting individual interests and party interests behind national interests is what democratic leaders are called to do. (Applause.)

Although the Albanian people can trace your history back thousands of years, this upcoming period may be one of the most consequential you have faced, as to how you consolidate forever the gift of democracy for future generations. And there are questions that you, and only you, have to ask and answer: Will Albania continue to put into place the building blocks of good governance? Will the leaders continue to earn the people’s trust and ensure that government delivers results? Will you put aside personal and party politics for the good of the country? Will you make reforms that support economic growth by creating opportunities for all Albanians? Will you fight corruption that advantages the few at the expense of the many? Will you continue to do the hard work required to join the European Union, recognizing that it offers a path of lasting peace and progress for your citizens? Will you continue to serve as a model for the region and the world? The religious tolerance present here in Albania is a precious gift. It is hard to find in many places in this region and elsewhere. Cherish it. Use it as another argument in favor of the uniqueness of this great country. (Applause.)

These are tough questions to answer. I don’t come with the answers. I come with the questions. But I also come with a deep sense of confidence in you. (Applause.) And let me say, as you make the tough decisions that are required for your further progress for moving, as you rightly belong, into the European Union, the United States will support you in these difficult decisions. (Applause.) We believe that we’re in this together, the United States and Albania.

We know what kind of world we want for our children and future generations. It is a world of opportunity and tolerance and inclusivity. It is a world of human rights that cover everyone, that give every person the chance to fulfill his or her God-given potential. And as leaders of democracies in the 21st century, it is our solemn obligation to deliver these results for the people who put their faith in us.

I look out at you and I see the future. I believe you will face the challenges and seize the opportunities of the century ahead. And I, for one, will be cheering you on and telling everyone who will listen if you want to see true democracy in action, go to Albania.

Congratulations, and God bless you and God bless Albania. (Applause.)

U.S. PRESIDENT BARACK OBAMA PROCLAIMS NOVEMBER TO BE MILITARY FAMILIES MONTH

FROM: U.S. DEPARTMENT OF DEFENSE
President Proclaims November as Military Family Month

American Forces Press Service

WASHINGTON, Nov. 1, 2012 - "In our military families, we see the best our country has to offer. They demonstrate the virtues that have made America great for more than two centuries and the values that will preserve our greatness for centuries to come," President Barack Obama said in his proclamation issued today declaring the month of November as Military Family Month.

The proclamation reads:
"Since our Nation's earliest days, courageous men and women of all backgrounds and beliefs have banded together to fight for the freedoms we cherish. Behind each of them stands a parent, a sibling, a child, a spouse -- proud family members who share the weight of deployment and make profound sacrifices on behalf of our country. During Military Family Month, we honor our military families and recommit to showing them the fullest care and respect of a grateful Nation.

"In our military families, we see the best our country has to offer. They demonstrate the virtues that have made America great for more than two centuries and the values that will preserve our greatness for centuries to come. With loved ones serving far from home, military spouses take on the work of two. Their children show courage and resilience as they move from base to base, school to school, home to home. And even through the strain of deployment, military families strengthen the fabric of each community they touch and enrich our national life as shining examples of patriotism.

"We each have a solemn duty to serve our Armed Forces and their families as well as they serve us. Through First Lady Michelle Obama's and Dr. Jill Biden's Joining Forces initiative, we have worked to fulfill this obligation by mobilizing all Americans to give service members and their families the opportunities and support they have earned. Last year, we challenged American businesses to hire or train 100,000 veterans and military spouses by the end of 2013. To date, they have already exceeded that challenge, hiring over 125,000 veterans and military spouses. From helping military children succeed in the classroom to increasing support for those who care for our wounded warriors, Joining Forces will keep fighting to ensure the well-being of our troops and their families.

"When a young woman signs up to defend our Nation, her parents are enlisted as well. When a father deploys to a combat zone, his children are called to serve on the home front. And when the men and women of our military serve far from home, their families feel the strain of their absence. In that absence, let us stand together as one American family. Let us honor the brave patriots who keep our country safe, and let us forever hold close the memories of those who have perished in the line of duty. This month, we reaffirm that we will always lift up our military families -- not just when their loved ones are away, but also long after the welcome home ceremonies are over.

"NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 2012 as Military Family Month. I call on all Americans to honor military families through private actions and public service for the tremendous contributions they make in support of our service members and our Nation."

Sunday, November 4, 2012

THE FORMATION OF A GOVERNMENT IN LIBYA


Map Credit:  CIA World Factbook.
FROM: U.S. STATE DEPARTMENT

Libya: Formation of the Government
Press Statement
Victoria Nuland
Department Spokesperson, Office of the Spokesperson

Washington, DC
November 2, 2012
The United States congratulates the Libyan people on the formation of a government. This is a critical milestone in their democratic transition. We encourage the country’s leaders to build democratic and security institutions and to promote economic development and the rule of law. The Libyan people fought a difficult revolution in order to enjoy a democratic future with peace, security and prosperity. The United States looks forward to working closely with the new government and is committed to supporting the Libyan people during this historic transition.

RECENT FEMA HURRICANE SANDY PHOTOS

 
 

FROM: FEDERAL EMERGENCY MANAGEMENT AENCY

Fairfield Beach, Conn., Nov. 3, 2012 --Community Relations Specialists Helaine Kephart and John Kosciolek provide information to a homeowner. Teams from the Federal Emergency Management Agency are in the field, providing information and answering questions for storm survivors seeing their homes for the first time since evacuating for Hurricane Sandy. Photo by Marilee Caliendo-FEMA




Rockaway, N.Y., Nov. 3, 2012 --Local residents impacted by Hurricane Sandy get water and meals ready to eat from National Guard troops at a Point of Distribution on Roackway Point Boulevard. Jocelyn Augustino-FEMA

U.S. Department of Defense Armed with Science Updat: Marine Corps Using Technology to Increase Mobility

U.S. Department of Defense Armed with Science Update


REAL ESTATE INVESTOR AGREES TO PLEAD GUILTY TO BID RIGGING AT PUBLIC FORECLOSURE AUCTIONS

Photo Credit:  FEMA
FROM: U.S. DEPARTMENT OF JUSTICE ANTITRUST DIVISION
Investigation Has Yielded 26 Plea Agreements to Date

November 1, 2012

WASHINGTON — A Northern California real estate investor has agreed to plead guilty for his role in conspiracies to rig bids and commit mail fraud at public real estate foreclosure auctions in Northern California, the Department of Justice announced.

A four-count felony charge was filed today in the U.S. District Court for the Northern District of California, in San Francisco, against Norman Montalvo, of Concord, Calif. Montalvo is the 26th individual to plead guilty or agree to plead guilty as a result of the department's ongoing antitrust investigation into bid rigging and fraud at public real estate foreclosure auctions in Northern California.

According to court documents, Montalvo conspired with others not to bid against one another, but instead to designate a winning bidder to obtain selected properties at public real estate foreclosure auctions in San Francisco and San Mateo counties, Calif. Montalvo was also charged with a conspiracy to use the mail to carry out a scheme to fraudulently acquire title to selected properties sold at public auctions, to make and receive payoffs, and to divert to co-conspirators money that would have otherwise gone to mortgage holders and others.

The department said Montalvo conspired with others to rig bids and commit mail fraud at public real estate foreclosure auctions in San Francisco and San Mateo counties beginning as early as June 2008 and continuing until about September 2010.

"The real estate investors involved in the conspiracy illegally restrained competition at foreclosure auctions by falsely creating the appearance of unfettered bidding while they were secretly colluding to suppress prices," said Scott D. Hammond, Deputy Assistant Attorney General of the Antitrust Division's criminal enforcement program. "The Antitrust Division remains committed to holding accountable those involved in anticompetitive acts that harm lenders and distressed homeowners."

The department said that the primary purpose of the conspiracies was to suppress and restrain competition and to conceal payoffs in order to obtain selected real estate offered at San Francisco and San Mateo County public foreclosure auctions at non-competitive prices. When real estate properties are sold at these auctions, the proceeds are used to pay off the mortgage and other debt attached to the property, with remaining proceeds, if any, paid to the homeowner. According to court documents, these conspirators paid and received money that otherwise would have gone to pay off the mortgage and other holders of debt secured by the properties, and, in some cases, the defaulting homeowner.

"Our vigorous pursuit in enforcing fraudulent anticompetitive practices at foreclosure auctions here in northern California is evident in this guilty plea," said Joel Moss, Acting Special Agent in Charge of the FBI San Francisco Division. "Criminals who take advantage of the real estate auction process will be brought to justice by the FBI and the Department of Justice."

A violation of the Sherman Act carries a maximum penalty of 10 years in prison and a $1 million fine for individuals. The maximum fine for the Sherman Act charges may be increased to twice the gain derived from the crime or twice the loss suffered by the victim if either amount is greater than $1 million. A count of conspiracy to commit mail fraud carries a maximum sentence of 30 years in prison and a $1 million fine. The government can also seek to forfeit the proceeds earned from participating in the conspiracy to commit mail fraud.

The charges today are the latest cases filed by the department in its ongoing investigation into bid rigging and fraud at public real estate foreclosure auctions in San Francisco, San Mateo, Contra Costa and Alameda counties, Calif.

President Obama Speaks at FEMA Headquarters | The White House

President Obama Speaks at FEMA Headquarters | The White House

QUARTERMASTERS AIDING IN NEW YORK RECOVERY

FROM: U.S. DEPARTMENT OF DEFENSE
Army privates first class John Lopez and Kyle Lamb with the 108th Quartermaster Company, 530th Combat Sustainment Support Battalion, 82nd Sustainment Brigade, check the instrument panel of a fuel pump at the unit's motor pool on Fort Lee, Va., Nov. 1, 2012. The soldiers and their unit were preparing to make a trip to New York to support relief efforts in the wake of Hurricane Sandy. U.S. Army photo by Terrance Bell

Quartermaster Soldiers New York-bound to Aid Citizens


By Stephen Baker
U.S. Army Garrison Fort Lee

FORT LEE, Va., Nov. 2, 2012 - Soldiers from an Army unit based here are on their way to New York City today to help pump water from flooded areas in support of recovery operations in the wake of Hurricane Sandy.

Twenty-four men and women from the 108th Quartermaster Company were called to action Nov. 1, and mobilized immediately.

The soldiers spent the day preparing and loading gear and supplies, including a half-dozen 350-gallon-per-minute pumps, fuel, food, cots and other items needed to keep the equipment and troops operational.

Army 1st Lt. Melanie Wells, the soldiers' platoon leader for the deployment, said her unit is always ready for a humanitarian mission.

"They're ready to help their fellow man," Wells said of her soldiers. "They're ready to get up there and see what they can contribute to help people get back in their homes."

While the soldiers are scheduled to be deployed for one or two weeks, Wells said they are bringing enough supplies for up to two months of operations.

The 108th Quartermaster Company is organized under the 530th Combat Sustainment Support Battalion, 82nd Sustainment Brigade.

RECENT U.S. NAVY PHOTO





121103-N-OX587-004 ATLANTIC OCEAN (Nov. 3, 2012) The aircraft carrier USS Enterprise (CVN 65) underway in the Atlantic Ocean after completing a 7-and-a-half month deployment to support operations in the Mediterranean and Arabian seas. Enterprise is completing its final deployment to the U.S. 5th and 6th Fleet areas of responsibility in support of maritime security operations and theater security cooperation efforts. (U.S. Navy photo by Lt. Ryan de Vera/Released)

FEMA USES AIR GUARD BASE FOR HURRICANE SANDY RELIEF

FROM: U.S. FEDERAL EMERGENCY MANAGEMENT AGENCY
Staff Sgt. Joshua Wishmyer signals to his brother Staff Sgt. John Wishmyer as he moves a pallet of boxed meals at the West Virginia Air National Guard's 167th Airlift Wing based in Martinsburg W.Va., Nov. 1, 2012. The 167th is serving as a staging area for disaster relief supplies which will then be transported throughout West Virginia as needed. The West Virginia National Guard has over 200 members aiding in recovery efforts from Hurricane Sandy. The storm blanketed the state with heavy snow and rains and also had severe winds that left homes and properties damaged. Guardsmen are involved in numerous aspects of the operations from search-and-rescue missions to debris removal. Air National Guard photo by Master Sgt. Emily Beightol-Deyerle  

FEMA Employs Air Guard Base for Storm Relief
By Air Force Staff Sgt. Sherree Grebenstein
167th Airlift Wing, West Virginia Air National Guard


MARTINSBURG, Nov. 2, 2012 - The Federal Emergency Management Agency is using the West Virginia Air National Guard's 167th Airlift Wing base here as a staging area to push out much-needed storm relief supplies to Mountain State residents hit hardest by Hurricane Sandy.

Airmen and soldiers from the West Virginia National Guard are working in tandem to ensure the emergency supplies trucked in from around the country will be distributed to those in need. Operations spun up yesterday morning at the base with approximately three-and-a-half million liters of water and 600,000 self-heating emergency meals, as well as infant and toddler supplies slated to be delivered in the coming days.

"We will maintain 80 to 100 truckloads [of supplies] here at all times," said Joe D'Angelo, FEMA's Incident Management Assistance Team logistics chief for Region III.

D'Angelo said he expects the base to be used as a staging area through at least next week.

Two companies from the West Virginia Army National Guard's 77th Brigade are tasked with distributing the needed supplies to Mountain State residents. Citizen soldiers from the 1201st Forward Support Company and Delta 230th FSC will take to the roadways to drop off the supplies.

"We're going to turn them into ice truckers," said Army Master Sgt. Keith Bibb, property book officer for the 77th Brigade.

As of yesterday evening, the 120 citizen soldiers assigned to the mission were awaiting their first marching orders to begin distribution of the supplies.

"We're loaded, cocked and ready to go," Bibb said. "We are staged waiting for our mission."

U.S. Department of Defense Armed with Science Update: GOING UP HIGHER

U.S. Department of Defense Armed with Science Update

FEMA SAYS INDIVIDUALS RECEIVED OVER $100 MILLION IN ASSISTANCE FOR HURRICANE SANDY DISASTER

FROM: FEMA
Soldiers from the 249th Engineer Battalion walk past their pumps in Battery Park in lower Manhattan, New York City, Nov. 2, 2012. The pumps are draining an underpass flooded by Hurricane Sandy. DOD photo by EJ Hersom

Latest Updates from the FEMA Blog: FEMA’s Assistance to Individuals Over $100 Million
Release date:
November 3, 2012
Release Number:
HQ-12-135

As many people across the Northeast and Mid-Atlantic continue to recover from Hurricane Sandy, members of the entire emergency management team, including the federal, state, tribal, and local governments, the faith based and non-profit communities, and the public, are working tirelessly to support those across the impacted area. As of this morning, more than 122,000 people have registered for disaster assistance and more than $107 million in assistance has already been approved. Here’s a breakdown of disaster assistance by state:
New York: over 69,000 registered; more than $75 million in assistance approved
New Jersey: over 49,000 registered; more than $31 million in assistance approved
Connecticut: over 2,400 registered; more than $368,000 in assistance approved

These numbers continue to increase as residential power is being restored and those affected are able to register for assistance with FEMA online, as well as through the 800 number. If you’ve live in an eligible county and have been affected by Hurricane Sandy, we encourage you to apply for assistance by calling 1-800-621-FEMA (3362) TTY 1-800-462-7585 or if you have access to the internet, applying online at
www.disasterassistance.gov.

Additionally, as many people have been without power for several days, fuel continues to be a top priority for FEMA. Under direction of President Obama, the Defense Logistics Agency (DLA) purchased up to 12 million gallons of unleaded fuel and up to 10 million gallons of diesel fuel for distribution in areas impacted by the storm to supplement ongoing private sector efforts. Tanker trucks have distributed fuel throughout New York, New Jersey and other communities impacted by the storm. There are currently 10 fuel sites throughout New York and New Jersey where residents can refuel their cars and get gas for generators and other necessities. We are committed to continuing our support in Hurricane Sandy response and recovery efforts.

To read more and to view photos highlighting our ongoing response and recovery efforts as we work to assist those residents affected by Hurricane Sandy, see today’s
FEMA Blog.

GRAVEYARD SCIENCE

 

FROM:  NATIONAL SCIENCE FOUNDATION
Graveyards are excellent research sites; their soil lies undisturbed.  Photo Credit:  Wikimedia Commons.

October 31, 2012
Science on the Graveyard Shift
Discovering what gets buried and how

Into the graveyard

By dark of night in an old graveyard, things rustle. At least if that cemetery is at London Grove Friends Meeting in Kennett Square, Pa.

Look between the oldest markers, or under a gnarled oak tree that's been guarding the graveyard since the time of William Penn in 1682. You'll find not a ghost, but a scientist, probing the dirt for the secrets it might reveal.

"These soils have been undisturbed for centuries, if at all, and they hold the key to understanding how humans have altered the landscape," says geoscientist Anthony Aufdenkampe of the National Science Foundation's (NSF) Christina River Basin Critical Zone Observatory (CZO) on the border of Delaware and Pennsylvania.

To discover answers, Aufdenkampe, who is also affiliated with Pennsylvania's Stroud Water Research Center, is in graveyards taking samples at noon and at midnight. "We do a lot of storm-chasing to follow erosion," says Aufdenkampe, "so we're often out at the 'witching hour.'"

The Christina River Basin CZO is one of six NSF CZOs in watersheds across the nation.

In addition to the Christina River Basin site, CZOs are located in the Southern Sierra Nevada, Boulder Creek in the Colorado Rockies, Susquehanna Shale Hills in Pennsylvania, Luquillo riparian zone in Puerto Rico, and the Jemez River and Santa Catalina Mountains in New Mexico and Arizona.

They're providing us with a new understanding of the critical zone--the region between the top of the forest canopy and the base of unweathered rock: our living environment--and its response to climate and land use changes.

Marked by rotting soil

It all starts with bedrock and with rotting soil.

To scientists, this putrid rock, as the Greeks called it, is known as saprolite. It's the first stage of the continuous transformation of rock to fertile soils, says Aufdenkampe, and needs thousands to millions of years of mixing by water, plants, microbes, worms and other organisms.

But its journey doesn't end there.

For centuries, researchers thought that these building blocks of life stayed close to home--that the molecules in a falling leaf didn't travel far before meeting their ultimate fates. They returned to the atmosphere as greenhouse gas, or became incorporated into the soil.

Now scientists at the Christina River Basin CZO believe otherwise.

They're testing the idea that erosion and mixing of soil minerals with carbon in fresh plant remains--and subsequent burial downslope or downstream--is the key to what happens to the carbon, and to the greenhouse gases it forms.

Aufdenkampe and colleagues published results of a study comparing carbon transport in watersheds such as the Christina River Basin and others around the world in the February 2011, issue of the journal Frontiers in Ecology and the Environment.

"Society has long recognized the importance of water, soil, vegetation and land forms to human welfare, but only recently have we begun to holistically probe the workings of these coupled systems in projects like the CZOs," says Wendy Harrison, director of NSF's Division of Earth Sciences, which funds the CZO network.

"This new way of doing science will allow us to predict how an entire watershed will respond to land use and climate change."

Scientists once believed that they could understand whether a forest or a field was storing greenhouse gases by studying small research plots alone.

"Now we know that we need to look carefully at all the forms of carbon that leave a plot and flow downhill and downstream," says Aufdenkampe. "We need to follow the carbon and the soil from saprolite to the sea."

Twists and turns of the Christina River

Sippunk, Tasswaijres, Minquess Kill. The Christina River has been known by these names and many others.

It's a tributary of the Delaware River; its 35 miles flow through southeastern Pennsylvania, northeastern Maryland, and into Delaware. From Franklin Township in Pennsylvania to Wilmington, Delaware, the Christina River and its tributaries drain an area of 565 square miles.

Its streams supply 100 million gallons of water each day for more than half a million people in three states.

The first European settlements in Delaware sprang up near the confluence of the Christina and Delaware rivers. Trees lining the banks of the rivers, and across the land, were felled. In their place came farms and factories.

How has the region's human history affected rivers and streams that now course through forests and farms, suburbs and cities? And how has this centuries-old legacy changed the carbon cycle in the Christina River Basin watershed?

To find out, Aufdenkampe picks up a shovel. As he digs through fallen leaves and several feet of dirt on a streambank flanked by gravestones, stripes of soil begin to emerge.

In their center is something dark and moist. Perfectly preserved, it's a part of the bank buried hundreds of years ago by erosion caused by colonial forefathers.

Scientists at the Christina River CZO hope to discover how this sediment--and that above and below it--was deposited, and where waterways may carry it next, if anywhere.

"How are humans affecting the carbon cycle in a watershed like the Christina River Basin?" asks Aufdenkampe. "How far afield does what happens here go? Does it reach the Delaware, the Atlantic or beyond?"

Research at the CZO takes a "whole watershed" approach to discovering where carbon and other elements end up.

"They usually have one of three fates," Aufdenkampe says, "a return to the skies as a greenhouse gas, incorporation into the tissues of a living organism, or burial in soils and sediments."

From dust to dust

Where do scientists look for clues to those ultimate fates? They dig into soils and scour waterways, with a stop along the way near a local cemetery or two.

"Soils under ancient trees and in old cemeteries provide a geochemical reference that we can use to estimate human-caused erosion elsewhere on the landscape," says Aufdenkampe.

People inevitably leave their mark on the land, he says. But will the carbon buried by 400 years of human activities give up the ghost and move on, or will it rest in peace?

"In the future," Aufdenkampe asks, "will what's in the soil return to haunt us all?"

Cheryl Dybas, NSF (703) 292-7734
cdybas@nsf.gov

 

 

 

 

SENSITIVE CONSUMER INFORMATION ALLEGEDLY THROWN INTO DUMPSTERS BY PAYDAY LENDER


FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, November 1, 2012

Company to Pay $101,500 Civil Penalty for Dumping Sensitive Consumer Documents in Publicly-Accessible Dumpsters

A company that operates payday loan and check cashing stores in at least nine states has settled with the government over allegations that it violated federal regulations, the Justice Department announced today. In April 2010, law enforcement officers retrieved boxes of intact consumer documents, including credit reports, from trash cans and dumpsters near four PLS Financial Services stores in the Chicago area. The improper disposal of these documents led to an investigation by the Federal Trade Commission (FTC).

A complaint filed by the Department of Justice on behalf of the FTC, naming PLS Financial Services, PLS Group and The Payday Loan Store of Illinois as defendants, alleged that the companies violated the Federal Trade Commission Act, and the Disposal Rule, the Safeguards Rule and the Privacy Rule by improperly disposing of sensitive financial documents, failing to develop reasonable safeguards to protect sensitive consumer information, failing to provide privacy notices to consumers and misleading consumers about its privacy policies.

Judge Joan Gottschall of the U.S. District Court for the Northern District of Illinois today entered a stipulated final judgment, which requires the defendants to pay a civil penalty of $101,500 for its violations of the Disposal Rule. The Disposal Rule requires that any person who possesses consumer information derived from consumer reports for a business purpose must take reasonable measures to protect against unauthorized access or use of that information. Violations of the Disposal Rule can result in a civil penalty of up to $3,500 per violation. The stipulated final judgment also includes a permanent injunction prohibiting the defendants from misrepresenting their security and privacy policies and from violating the Disposal, Safeguards and Privacy Rules. In addition, the proposed order requires the defendants to maintain a comprehensive information security program that meets the standards of the Safeguards Rule, and to obtain third-party biennial assessments of their information security procedures for a twenty-year period.

"Companies that handle sensitive consumer documents have a duty to keep that information secure and to dispose of it properly," said Stuart F. Delery, Acting Assistant Attorney General for the Civil Division. "Improper disposal of these documents can lead to dire consequences for consumers, including identity theft and other crimes. The Department of Justice will continue to support the FTC’s efforts to enforce federal regulations that protect consumer financial information."

Acting Assistant Attorney General Delery thanked the FTC for referring this matter to the Department. The Consumer Protection Branch of the Justice Department’s Civil Division brought the case on behalf of the United States.

$30 MILLION PAID TO SETTLE FALSE CLAIMS ACT ALLEGATIONS BY MEDICAL COMPANY

Photo From U.S. Department Of Defense.
FROM: U.S. DEPARTMENT OF JUSTICE

Friday, November 2, 2012
Orthofix Subsidiary, Blackstone Medical, Pays U.S. $30 Million to Settle False Claims Act Allegations
Allegedly Paid Kickbacks to Doctors to Induce Use of Company’s Products

Orthofix International NV, has agreed to pay the United States $30 million to settle allegations that an Orthofix subsidiary, Blackstone Medical Inc., paid illegal kickbacks to physicians in order to induce use of the company’s products, the Justice Department announced today. Orthofix, which manufactures spinal implants and other spinal surgery products, is a publicly traded company headquartered in Curacao.

The civil settlement resolves allegations that Blackstone paid kickbacks to spinal surgeons. These alleged kickbacks took a number of forms, including sham consulting agreements, sham royalty arrangements, sham research grants, travel and entertainment.

"Kickbacks to physicians are incompatible with a properly functioning health care system," said Stuart F. Delery, the Acting Assistant Attorney General for the Department’s Civil Division. "They can corrupt physicians’ medical judgment and cause misallocation of vital health care resources. Today’s settlement reflects the progress we are making in the ongoing fight against abusive and illegal practices in the healthcare industry."

"This settlement demonstrates the government’s continued resolve to ensure that patients receive, and the government pays for, health care that is based solely on sound medical judgment, not compromised by kickbacks," said Carmen M. Ortiz, U.S. Attorney for the District of Massachusetts. "We believe that this is a just and meaningful resolution that is in the best interests of the citizens of the Commonwealth and taxpayers across the nation."

"To those contemplating taking advantage of Medicare for their own gain, today’s settlement sends a loud, clear message," said Susan Waddell, Special Agent in Charge of the U.S. Department of Health and Human Services Office of Inspector General New England region. "Law enforcement will work aggressively to eliminate efforts to abuse vital taxpayer-funded health care programs."

"Our men and women in uniform and their beneficiaries rely on their healthcare providers to perform their jobs without bias and make decisions in the best interest of their patients," said Kathryn Feeney, Resident Agent in Charge for the Defense Criminal Investigative Service, New Haven Resident Agency. "Kickbacks, like those alleged here, undermine the TRICARE Military Health System . A settlement like this helps maintain the integrity of an important program our armed services depend on."

"Blackstone Medical, Inc. now knows the FBI and our law enforcement partners are committed to investigating and uncovering healthcare fraud in all its forms, particularly schemes like the kickbacks Blackstone perpetrated to obtain profits at the expense of taxpayers," said Richard DesLauriers, Special Agent in Charge of the Federal Bureau of Investigation Boston Field Division.

As part of the settlement, Orthofix also agreed to enter into a corporate integrity agreement with the Office of Inspector General of the Department of Health and Human Services, which provides for procedures and reviews to be put in place to avoid and promptly detect conduct similar to that alleged in this matter.

The allegations resolved by today’s settlement were initially alleged in a whistleblower suit filed under the False Claims Act, which authorizes private citizens to bring suit on behalf of the government for false claims for government funds, and share in any recovery. The whistleblower in this case, Susan Hutcheson, will receive $8 million as her share of the settlement amount.

This resolution is part of the government’s emphasis on combating health care fraud and another step for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced by Attorney General Eric Holder and Kathleen Sebelius, Secretary of the Department of Health and Human Services in May 2009. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in that effort is the False Claims Act, which the Justice Department has used to recover $9.5 billion since January 2009 in cases involving fraud against federal health care programs. The Justice Department’s total recoveries in False Claims Act cases since January 2009 are over $13.2 billion.

The case was handled by the Justice Department’s Civil Division, the U.S. Attorney’s Office for the District of Massachusetts, Office of Inspector General of the Department of Health and Human Services, the FBI and the Defense Criminal Investigative Service of the Department of Defense. The claims settled by this agreement are allegations only, and there has been no determination of liability.

PRESIDENT OBAMA STAYS INFORMED ON HURRICANE SANDY


President Barack Obama receives an update on the ongoing response to Hurricane Sandy, in the Situation Room of the White House, Oct. 29 2012. Participating via teleconference, clockwise from top left, are: Secretary of Homeland Security Janet Napolitano; FEMA Administrator Craig Fugate; Rick Knabb, Director of the National Hurricane Center; Secretary of Transportation Ray LaHood; and Secretary of Energy Steven Chu. Pictured, from left, are: Clark Stevens, Assistant Press Secretary; Emmett Beliveau, Director of the Office of the Chief of Staff; John Brennan, Assistant to the President for Homeland Security and Counterterrorism; Richard Reed, Deputy Assistant to the President for Homeland Security; Chuck Donnell, Senior Director for Resilience; Asha Tribble, Senior Director for Response; Chief of Staff Jack Lew; Alyssa Mastromonaco, Deputy Chief of Staff for Operations; Press Secretary Jay Carney; and David Agnew, Director for Intergovernmental Affairs. (Official White House Photo by Pete Souza)



FROM: FEDERAL EMERGENCY MANAGEMENT AGENCY
Obama Gets Storm Relief Update at FEMA Headquarters
American Forces Press Service

WASHINGTON, Nov. 3, 2012 - President Barack Obama today convened a briefing at the National Response Coordination Center at the Federal Emergency Management Agency headquarters here to receive the latest update on federal efforts to support state and local response and recovery activities for Hurricane Sandy, according to a White House news release.

At FEMA headquarters, the release said, Obama was joined by Secretary of Homeland Security Janet Napolitano, FEMA Administrator William Craig Fugate, Defense Secretary Leon E. Panetta, Energy Secretary Dr. Steven Chu, Health and Human Services Secretary Kathleen Sebelius, Housing and Urban Development Secretary Shaun Donovan, Education Secretary Arne Duncan, Treasury Secretary Timothy Geithner, Small Business Administration Administrator Karen Mills, Vice Chairman of the Joint Chiefs of Staff Navy Adm. James A. Winnefeld Jr., Deputy Chief of Staff Alyssa Mastromonaco, Deputy Assistant to the President for Homeland Security Richard Reed, and other senior officials.

Secretary of Transportation Raymond H. LaHood, Secretary of Agriculture Tom Vilsack and U.S. Northern Command commander Army Gen. Charles H. Jacoby Jr. joined the briefing by phone, according to the release.

On the call Obama received an update from the National Weather Service, including a forecast on a coastal low pressure system that could be moving into the area in coming days, and spoke directly with a number of state and local officials, who also joined by phone, including Connecticut Gov. Dannel Malloy, New Jersey Gov. Chris Christie, and New York Gov. Andrew Cuomo, as well as New York City borough presidents and mayors from across the affected area.

This conversation provided the president and his team another opportunity to discuss specific challenges with state and local leaders, including issues related to power generation, fuel challenges, and long-term housing needs among others, the release said.

Obama made clear that all available resources would be employed to support the deployment of necessary assets, and directed his team to continue to focus on identifying and removing any barriers to the movement of these resources, according to the release. On Nov. 1, following a conversation between the president and utility executives, the Department of Defense airlifted utility resources, including bucket trucks and other assets, from California to New York to support power restoration efforts.

FEMA announced Nov. 2 that the president directed the Defense Logistics Agency to purchase up to 12 million gallons of unleaded fuel and up to 10 million gallons of diesel fuel for distribution in areas impacted by the storm to supplement ongoing private sector efforts, the release said. This purchase will be transported by tanker trucks and distributed throughout New York, New Jersey and other communities impacted by the storm. This announcement, the release said, followed a decision earlier in the day to provide a temporary blanket waiver to the Jones Act, to ensure tankers could move oil and refined gas to the New York area as quickly as possible.

On today's call, following a discussion of additional resources available to individuals impacted by the storm, the president also directed SBA Administrator Karen Mills to brief local officials directly on the low-cost loans available through the FEMA Disaster Declarations provided to eligible families, according to the release.

The President thanked the state and local officials on the call for their hard work, and specifically praised the heroic efforts of the first responders still on the front lines, and told his team that continuing to surge all available resources was his top priority, the release said. The President closed by making clear he expected no letup in these efforts.

 

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