Saturday, June 27, 2015
U.S. GOVERNMENT DEPARTMENTS ANNOUNCE PHASE II OF ANTI-TRAFFICKING COORDINATION INITIATIVE
FROM: U.S. JUSTICE DEPARTMENT
Thursday, June 25, 2015
Departments of Justice, Labor and Homeland Security Announce Phase II of Anti-Trafficking Coordination Team Initiative
Phase II Will Build on Momentum of Highly Effective Phase I to Further Enhance Interagency Anti-Trafficking Efforts
The Departments of Justice, Labor (DOL) and Homeland Security (DHS) today announced the launch of Phase II of the Anti-Trafficking Coordination Team (ACTeam) Initiative aimed at streamlining federal criminal investigations and prosecutions of human trafficking offenses.
Phase II ACTeams will be convened in up to six selected districts around the country, following a competitive, nationwide, interagency selection process. The ACTeams, comprised of federal prosecutors and investigators representing multiple federal enforcement agencies, will implement a joint strategic action plan to develop high-impact federal investigations and prosecutions, vindicate the rights of human trafficking victims, bring traffickers to justice and dismantle human trafficking networks.
“Human traffickers prey on some of the most vulnerable members of our society to exploit them for labor, for sex and for servitude of all kinds,” said Attorney General Loretta E. Lynch. “Their crimes, appropriately described as modern-day slavery, have no place in a nation that has overcome the scourge of slavery. That’s why the Department of Justice is committed—and I am personally determined—to hold human traffickers accountable, provide support to trafficking survivors, and stand up for the rights and the dignity that they deserve.”
“Labor trafficking affects workers who are vulnerable to exploitation for a number of reasons, who may not know their workplace rights, and may be afraid to raise their voices,” said Secretary Thomas E. Perez of DOL. “The challenges we face as a nation and a government demand unprecedented levels of interagency collaboration. Through these ACTeams, we’re bringing our respective departments’ collective resources and expertise to bear, building a whole even greater than the sum of our individual parts. DOL will remain a vigorous and unfaltering partner during phase II. Together we can ensure workers receive the wages they’ve earned, restore victims’ basic human rights and bring traffickers to justice.”
“The ACTeam Initiative has been an important tool in our collective ability to combat sex trafficking, forced labor and domestic servitude here in the United States,” said Secretary Jeh Johnson of DHS. “This is not a problem that we can afford to ignore which is why, under a banner of shared responsibility and collaboration, the Departments of Justice, Labor and Homeland Security are recommitting ourselves to the fight against human trafficking by expanding the ACTeam Initiative. Through the unified voice of the Blue Campaign, the Department of Homeland Security will continue to combat human trafficking through the guiding philosophy that we are at our best when we work together.”
These departments collaborated to develop the ACTeam Initiative to streamline rapidly expanding human trafficking enforcement efforts, focusing on forced labor, international sex trafficking and sex trafficking of adults by force, fraud and coercion. Project Safe Childhood and the Innocence Lost National Initiative continue to focus on sex trafficking of minors and sexual exploitation of minors.
Drawing together federal prosecutors and federal agents from multiple investigative agencies, ACTeams streamline coordination on the front lines of federal human trafficking investigations and prosecutions, while also enhancing collaboration between front-line enforcement efforts and national human trafficking subject matter experts in the Justice Department’s Human Trafficking Prosecution Unit, Executive Office of U.S. Attorneys and FBI Civil Rights Unit, DHS’s Immigration and Customs Enforcement-Homeland Security Investigations, DOL’s Wage and Hour Division and the Office of the Inspector General. In 2011, the Attorney General and the Secretaries of DHS and DOL announced Phase I of the ACTeam Initiative and the designation of six Phase I Pilot ACTeam sites in Atlanta; El Paso, Texas; Kansas City, Missouri; Los Angeles; Memphis, Tennessee; and Miami, following a rigorous interagency selection process.
During the ACTeam Phase I period, Fiscal Years 2012-2013, federal human trafficking prosecutions involving forced labor, international sex trafficking and sex trafficking of adults rose by 35 percent nationwide, reflecting strong partnerships among U.S. Attorneys’ Offices, the Civil Rights Division’s Human Trafficking Prosecution Unit, federal, state and local law enforcement agencies, and non-governmental victim assistance organizations and task forces led by U.S. Attorneys’ Offices.
The ACTeams played a significant role in leading these nationwide advances. In ACTeam Districts, prosecutions of forced labor, international sex trafficking and adult sex trafficking rose even more markedly than they did nationally, due to the force-multiplier effect of interagency commitment to implementing coordinated, joint anti-trafficking strategies and due to advanced training, expertise and operational support provided to the Phase I ACTeams. Comparing federal forced labor, international sex trafficking and adult sex trafficking prosecutions during the ACTeam Phase I period of Fiscal Years 2012-2013, to the pre-Phase I period of Fiscal Years 2010-2011:
Cases filed increased by:
119 percent in ACTeam Districts,
18 percent in non-ACTeam Districts; and
35 percent nationwide.
Defendants charged increased by:
114 percent in ACTeam Districts,
12 percent in non-ACTeam Districts; and
28 percent nationwide.
Defendants convicted increased by:
86 percent in ACTeam Districts,
14 percent in non-ACTeam Districts; and
26 percent nationwide.
Thursday, June 25, 2015
Departments of Justice, Labor and Homeland Security Announce Phase II of Anti-Trafficking Coordination Team Initiative
Phase II Will Build on Momentum of Highly Effective Phase I to Further Enhance Interagency Anti-Trafficking Efforts
The Departments of Justice, Labor (DOL) and Homeland Security (DHS) today announced the launch of Phase II of the Anti-Trafficking Coordination Team (ACTeam) Initiative aimed at streamlining federal criminal investigations and prosecutions of human trafficking offenses.
Phase II ACTeams will be convened in up to six selected districts around the country, following a competitive, nationwide, interagency selection process. The ACTeams, comprised of federal prosecutors and investigators representing multiple federal enforcement agencies, will implement a joint strategic action plan to develop high-impact federal investigations and prosecutions, vindicate the rights of human trafficking victims, bring traffickers to justice and dismantle human trafficking networks.
“Human traffickers prey on some of the most vulnerable members of our society to exploit them for labor, for sex and for servitude of all kinds,” said Attorney General Loretta E. Lynch. “Their crimes, appropriately described as modern-day slavery, have no place in a nation that has overcome the scourge of slavery. That’s why the Department of Justice is committed—and I am personally determined—to hold human traffickers accountable, provide support to trafficking survivors, and stand up for the rights and the dignity that they deserve.”
“Labor trafficking affects workers who are vulnerable to exploitation for a number of reasons, who may not know their workplace rights, and may be afraid to raise their voices,” said Secretary Thomas E. Perez of DOL. “The challenges we face as a nation and a government demand unprecedented levels of interagency collaboration. Through these ACTeams, we’re bringing our respective departments’ collective resources and expertise to bear, building a whole even greater than the sum of our individual parts. DOL will remain a vigorous and unfaltering partner during phase II. Together we can ensure workers receive the wages they’ve earned, restore victims’ basic human rights and bring traffickers to justice.”
“The ACTeam Initiative has been an important tool in our collective ability to combat sex trafficking, forced labor and domestic servitude here in the United States,” said Secretary Jeh Johnson of DHS. “This is not a problem that we can afford to ignore which is why, under a banner of shared responsibility and collaboration, the Departments of Justice, Labor and Homeland Security are recommitting ourselves to the fight against human trafficking by expanding the ACTeam Initiative. Through the unified voice of the Blue Campaign, the Department of Homeland Security will continue to combat human trafficking through the guiding philosophy that we are at our best when we work together.”
These departments collaborated to develop the ACTeam Initiative to streamline rapidly expanding human trafficking enforcement efforts, focusing on forced labor, international sex trafficking and sex trafficking of adults by force, fraud and coercion. Project Safe Childhood and the Innocence Lost National Initiative continue to focus on sex trafficking of minors and sexual exploitation of minors.
Drawing together federal prosecutors and federal agents from multiple investigative agencies, ACTeams streamline coordination on the front lines of federal human trafficking investigations and prosecutions, while also enhancing collaboration between front-line enforcement efforts and national human trafficking subject matter experts in the Justice Department’s Human Trafficking Prosecution Unit, Executive Office of U.S. Attorneys and FBI Civil Rights Unit, DHS’s Immigration and Customs Enforcement-Homeland Security Investigations, DOL’s Wage and Hour Division and the Office of the Inspector General. In 2011, the Attorney General and the Secretaries of DHS and DOL announced Phase I of the ACTeam Initiative and the designation of six Phase I Pilot ACTeam sites in Atlanta; El Paso, Texas; Kansas City, Missouri; Los Angeles; Memphis, Tennessee; and Miami, following a rigorous interagency selection process.
During the ACTeam Phase I period, Fiscal Years 2012-2013, federal human trafficking prosecutions involving forced labor, international sex trafficking and sex trafficking of adults rose by 35 percent nationwide, reflecting strong partnerships among U.S. Attorneys’ Offices, the Civil Rights Division’s Human Trafficking Prosecution Unit, federal, state and local law enforcement agencies, and non-governmental victim assistance organizations and task forces led by U.S. Attorneys’ Offices.
The ACTeams played a significant role in leading these nationwide advances. In ACTeam Districts, prosecutions of forced labor, international sex trafficking and adult sex trafficking rose even more markedly than they did nationally, due to the force-multiplier effect of interagency commitment to implementing coordinated, joint anti-trafficking strategies and due to advanced training, expertise and operational support provided to the Phase I ACTeams. Comparing federal forced labor, international sex trafficking and adult sex trafficking prosecutions during the ACTeam Phase I period of Fiscal Years 2012-2013, to the pre-Phase I period of Fiscal Years 2010-2011:
Cases filed increased by:
119 percent in ACTeam Districts,
18 percent in non-ACTeam Districts; and
35 percent nationwide.
Defendants charged increased by:
114 percent in ACTeam Districts,
12 percent in non-ACTeam Districts; and
28 percent nationwide.
Defendants convicted increased by:
86 percent in ACTeam Districts,
14 percent in non-ACTeam Districts; and
26 percent nationwide.
Friday, June 26, 2015
READOUT: CALL BETWEEN PRESIDENT OBAMA AND PRESIDENT PUTIN
FROM: THE WHITE HOUSE
Readout of the President’s Call with President Vladimir Putin of Russia
President Vladimir Putin of the Russian Federation called President Obama today. They discussed the necessity of countering ISIL and developments in the Middle East, as well as the situation in Ukraine. President Obama reiterated the need for Russia to fulfill its commitments under the Minsk agreements, including the removal of all Russian troops and equipment from Ukrainian territory. The leaders discussed the increasingly dangerous situation in Syria, and underscored the importance of continued P5+1 unity in ongoing negotiations to prevent Iran from acquiring a nuclear weapon.
Readout of the President’s Call with President Vladimir Putin of Russia
President Vladimir Putin of the Russian Federation called President Obama today. They discussed the necessity of countering ISIL and developments in the Middle East, as well as the situation in Ukraine. President Obama reiterated the need for Russia to fulfill its commitments under the Minsk agreements, including the removal of all Russian troops and equipment from Ukrainian territory. The leaders discussed the increasingly dangerous situation in Syria, and underscored the importance of continued P5+1 unity in ongoing negotiations to prevent Iran from acquiring a nuclear weapon.
VICE PRESIDENT BIDEN'S STATEMENT ON SAME-SEX MARRIAGE DECISION BY SUPREME COURT
FROM: THE WHITE HOUSE
Statement by the Vice President on the Supreme Court Decision in Obergefell v. Hodges
All marriages, at their root, are about love.
Today, the Supreme Court affirmed that simple proposition—supported by a majority of Americans and a majority of our states—by recognizing that men marrying men and women marrying women are guaranteed the same civil rights and equal protection under our Constitution afforded to Jill and me, and to anyone else.
We couldn’t be prouder. Over the years—in their homes, on our staff, on the frontlines of war, and in houses of worship—Jill and I have befriended countless gay, lesbian, bisexual, and transgender Americans who share a love for their partners constrained only by social stigma and discriminatory laws. But today, their love is set free with the right to marry and the recognition of that marriage throughout the country.
This day is for them, their children, and their families. And it is for generations of advocates—gay, lesbian, transgender, straight—who for decades fought a lonely and dangerous battle. People of absolute courage who risked their lives, jobs, and reputations to come forward in pursuit of the basic right recognized today, but at a time when neither the country nor the courts would protect or defend them.
And this day is for history to remember as one where, as a nation, our laws finally recognize that all people should be treated with respect and dignity—and that all marriages, at their root, are defined by unconditional love.
Statement by the Vice President on the Supreme Court Decision in Obergefell v. Hodges
All marriages, at their root, are about love.
Today, the Supreme Court affirmed that simple proposition—supported by a majority of Americans and a majority of our states—by recognizing that men marrying men and women marrying women are guaranteed the same civil rights and equal protection under our Constitution afforded to Jill and me, and to anyone else.
We couldn’t be prouder. Over the years—in their homes, on our staff, on the frontlines of war, and in houses of worship—Jill and I have befriended countless gay, lesbian, bisexual, and transgender Americans who share a love for their partners constrained only by social stigma and discriminatory laws. But today, their love is set free with the right to marry and the recognition of that marriage throughout the country.
This day is for them, their children, and their families. And it is for generations of advocates—gay, lesbian, transgender, straight—who for decades fought a lonely and dangerous battle. People of absolute courage who risked their lives, jobs, and reputations to come forward in pursuit of the basic right recognized today, but at a time when neither the country nor the courts would protect or defend them.
And this day is for history to remember as one where, as a nation, our laws finally recognize that all people should be treated with respect and dignity—and that all marriages, at their root, are defined by unconditional love.
TWO MASTERPIECES SMUGGLED INTO U.S. ARE RETURNED TO BRAZIL
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| "Hannibal" by Jean-Michel Basquiat. Photo Credit: DOJ. |
Manhattan U.S. Attorney Announces Return to Brazil of Two Masterpieces Linked to Bank Fraud
Preet Bharara, the United States Attorney for the Southern District of New York, and Deputy Special Agent in Charge Michael Shea of U.S. Immigration and Customs Enforcement’s ("ICE") Homeland Security Investigations New England, announced today that a painting by Jean-Michel Basquiat called "Hannibal" (the "Basquiat"), as well as a Roman Togatus statue, were returned to Brazil at a repatriation ceremony at the United States Attorney’s Office in Manhattan, New York. The painting and the statue were smuggled into the United States in violation of customs law and were forfeited to the government as a result of civil forfeiture action brought by the United States.
Manhattan U.S. Attorney Preet Bharara stated: "Art and antiquities have special value and meaning that cannot readily be quantified. As a result, they have long been the subject of theft and deception, as well as a means to launder illicit proceeds. Art should serve to inspire the mind and nourish the soul, and not be allowed to become a conduit for crime."
HSI Deputy Special Agent in Charge Michael Shea stated: "It is always a pleasure to return cultural artifacts to the people of another nation. I would like to thank our special agents and partners at INTERPOL for their diligence in this investigation. ICE will do everything in its power to help preserve and safeguard a nation's history by identifying, locating, and recovering stolen antiquities."
In related repatriation ceremonies held on September 21, 2010, and May 9, 2014, the U.S. Attorney’s Office for the Southern District of New York returned to Brazil three paintings – "Modern Painting with Yellow Interweave" by Roy Lichtenstein (the "Lichtenstein"), "Figures dans une structure" by Joaquin Torres-Garcia (the "Torres-Garcia"), and "Composition abstraite" by Serge Poliakoff (the "Poliakoff") – that were smuggled into the United States.
The Basquiat and the Togatus once belonged to Brazilian banker Edemar Cid Ferreira. Ferreira, the founder and former president of Banco Santos, S.A. ("Banco Santos"), was convicted in Brazil of crimes against the national financial system and money laundering. In December 2006, Ferreira was sentenced in Brazil to 21 years in prison.
As part of the case, a Sao Paulo Court judge also ordered the search, seizure, and confiscation of assets that Ferreira, his associates, and members of his family had acquired with unlawfully obtained funds from Banco Santos. Those assets included the Basquiat, the Togatus, the Lichtenstein, the Torres-Garcia, the Poliakoff, and other artwork valued at $20 million to $30 million. The artwork was kept in several locations, including Ferreira’s home in the Morumbi neighborhood of Sao Paulo, the main offices of Banco Santos, and at a holding facility. When Brazilian authorities searched these locations, they found that several of the most valuable works of art were missing, including the Basquiat and the Togatus.
The Sao Paulo Court sought INTERPOL’s assistance after searching museums and institutions in Brazil for the missing artwork. In October and November 2007, INTERPOL and the Government of Brazil sought the assistance of the United States to locate and seize the missing works on behalf of the Brazilian government. The ensuing Southern District of New York and HSI investigation revealed that the Basquiat and the Togatus were shipped from the Netherlands to a secure storage facility in New York on August 21, 2007, and September 11, 2007, respectively. The invoices, however, failed to comply with U.S. customs laws in a number of respects. For example, the shipping invoices did not identify the pieces and falsely claimed that their value was $100 each. In fact, the Basquiat alone was recently appraised at $8 million.
HSI special agents based in New Haven, Connecticut, located and seized the Basquiat in November 2007, and the U.S. Attorney’s Office for the Southern District of New York filed a civil forfeiture Complaint alleging that the Basquiat had been brought into the United States illegally. Since the filing of the original Complaint in February 2008, the United States seized additional works of art and filed two amended Complaints seeking the forfeiture of the Lichtenstein, the Torres-Garcia, the Poliakoff, and the Togatus.
After extensive litigation, United States District Court Judge Richard J. Sullivan granted the government’s motion for summary judgment and entered an order forfeiting the Basquiat and the Togatus on May 10, 2013. The Second Circuit Court of Appeals affirmed Judge Sullivan’s order on September 9, 2014.
* * *
Mr. Bharara praised the investigative work of HSI in helping to locate and seize the painting. He was grateful for the assistance of the Department of Justice’s Office of International Affairs. Mr. Bharara thanked Brazilian authorities for their assistance in the case. He also acknowledged the assistance of the U.S. Department of State and the U.S. Embassy in Brazil for its assistance in the investigation.
The case is being handled by the Money Laundering and Asset Forfeiture Unit of the U.S. Attorney’s Office. Assistant U.S. Attorney Alexander Wilson is in charge of the litigation.
PRESIDENT OBAMA'S STATEMENT ON TRADE
FROM: THE WHITE HOUSE
Statement by the President
I applaud the Democrats and Republicans in Congress who came together to give the United States the chance to negotiate strong, high-standard agreements for free and fair trade that protect American workers and give our businesses the opportunity to compete. With bipartisan majorities, Congress also voted to expand vital support for thousands of American workers each year, and to bolster economic relations between sub-Saharan Africa and the United States. Of course, we still have more work to do on behalf of our workers, which is why I'll continue to encourage Congress to pass robust trade enforcement legislation that will help us crack down on countries that break the rules. But this week's votes represent a much-needed win for hardworking American families.
As President, I've spent the last six and half years fighting to grow our economy and strengthen our middle class, and that remains my top priority today. I believe we should make sure that the United States, and not countries like China, write the rules of our global economy. We should support more good jobs that pay good wages. We should level the playing field so that our workers have the chance to compete and win. That's what this new legislation will help us do, and I look forward to signing these bipartisan bills into law as soon as they reach my desk.
Statement by the President
I applaud the Democrats and Republicans in Congress who came together to give the United States the chance to negotiate strong, high-standard agreements for free and fair trade that protect American workers and give our businesses the opportunity to compete. With bipartisan majorities, Congress also voted to expand vital support for thousands of American workers each year, and to bolster economic relations between sub-Saharan Africa and the United States. Of course, we still have more work to do on behalf of our workers, which is why I'll continue to encourage Congress to pass robust trade enforcement legislation that will help us crack down on countries that break the rules. But this week's votes represent a much-needed win for hardworking American families.
As President, I've spent the last six and half years fighting to grow our economy and strengthen our middle class, and that remains my top priority today. I believe we should make sure that the United States, and not countries like China, write the rules of our global economy. We should support more good jobs that pay good wages. We should level the playing field so that our workers have the chance to compete and win. That's what this new legislation will help us do, and I look forward to signing these bipartisan bills into law as soon as they reach my desk.
CDC REPORTS ON DIAGNOSED, UNDIAGNOSED HIV INFECTION IN U.S. FROM 2008-2012
FROM: U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION
MMWR News Synopsis for June 25, 2015
Prevalence of Diagnosed and Undiagnosed HIV Infection — United States, 2008–2012
HIV diagnosis is the essential first step in ensuring those living with HIV can access ongoing care and treatment, as well as other information and tools to help prevent transmission to others. More than one million people are living with HIV in the U.S. Although most of these individuals are aware of their infection, those who are not cannot benefit from life-extending treatment. They account for a significant proportion (30 percent) of new HIV transmissions. Reaching these individuals with HIV testing is critical. For this analysis, CDC researchers analyzed data from the National HIV Surveillance System to estimate the prevalence of diagnosed and undiagnosed HIV for the 50 states and the District of Columbia. In 2012, the number of people living with HIV ranged from 110 (Iowa) to 3,936 (Washington, DC) per 100,000 persons in 42 jurisdictions with stable estimates. The percentage living with diagnosed HIV ranged from 77.4 percent in Louisiana to 90 percent or greater in Colorado, Connecticut, Delaware, Hawaii, and New York. These five jurisdictions have already met the National HIV/AIDS Strategy goal of increasing the percentage of people living with HIV who know their serostatus to 90 percent by 2015. These data underscore the continued need for ongoing efforts to increase testing to further reduce undiagnosed HIV infection. The authors also note that because the percentage of persons who are diagnosed varies by geographic area, efforts tailored to each area’s unique needs and situations may be needed.
MMWR News Synopsis for June 25, 2015
Prevalence of Diagnosed and Undiagnosed HIV Infection — United States, 2008–2012
HIV diagnosis is the essential first step in ensuring those living with HIV can access ongoing care and treatment, as well as other information and tools to help prevent transmission to others. More than one million people are living with HIV in the U.S. Although most of these individuals are aware of their infection, those who are not cannot benefit from life-extending treatment. They account for a significant proportion (30 percent) of new HIV transmissions. Reaching these individuals with HIV testing is critical. For this analysis, CDC researchers analyzed data from the National HIV Surveillance System to estimate the prevalence of diagnosed and undiagnosed HIV for the 50 states and the District of Columbia. In 2012, the number of people living with HIV ranged from 110 (Iowa) to 3,936 (Washington, DC) per 100,000 persons in 42 jurisdictions with stable estimates. The percentage living with diagnosed HIV ranged from 77.4 percent in Louisiana to 90 percent or greater in Colorado, Connecticut, Delaware, Hawaii, and New York. These five jurisdictions have already met the National HIV/AIDS Strategy goal of increasing the percentage of people living with HIV who know their serostatus to 90 percent by 2015. These data underscore the continued need for ongoing efforts to increase testing to further reduce undiagnosed HIV infection. The authors also note that because the percentage of persons who are diagnosed varies by geographic area, efforts tailored to each area’s unique needs and situations may be needed.
LARGEST DIALYSIS SERVICE PROVIDER TO PAY $450 MILLION TO RESOLVE FALSE CLAIMS ACT ALLEGATIONS
FROM: U.S. JUSTICE DEPARTMENT
Wednesday, June 24, 2015
DaVita to Pay $450 Million to Resolve Allegations That it Sought Reimbursement for Unnecessary Drug Wastage
DaVita Healthcare Partners, Inc., the largest provider of dialysis services in the United States, has agreed to pay $450 million to resolve claims that it violated the False Claims Act by knowingly creating unnecessary waste in administering the drugs Zemplar and Venofer to dialysis patients, and then billing the federal government for such avoidable waste. Davita is headquartered in Denver, Colorado, and has dialysis clinics in 46 states and the District of Columbia.
“This settlement is an example of what can be accomplished as a result of the successful cooperation between the government and whistleblowers in protecting our vital federal health care programs,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.
This civil settlement resolves allegations brought in a whistleblower action that DaVita devised and employed dosing grids and/or protocols specifically designed to create unnecessary waste of the drugs Venofer and Zemplar. These drugs are packaged in single-use vials, which are intended for one-time use. Sometimes, the amount of the drug in the vials does not match the dosage specified by the physician, resulting in the remainder of the drug in the vial being discarded.
At the time of the alleged scheme, Medicare would reimburse a dialysis provider for certain waste if the dialysis provider – acting in good faith – discarded the remainder of the drug contained in a single-use vial after administering the requisite dose and/or quantity of the drug to a Medicare patient.
The whistleblowers’ complaint alleged that, to create unnecessary Zemplar waste, DaVita required its employees to provide Zemplar to dialysis patients pursuant to mandatory and wasteful “dosing grids.” Zemplar, a Vitamin D supplement usually administered at every dialysis session, is packaged in single-use vial sizes of 2 mcg, 5 mcg, and 10 mcg. Davita allegedly created unnecessary waste by requiring its employees to provide Zemplar to dialysis patients pursuant to mandatory “dosing grids,” which were designed to maximize the amount of Zemplar administered to patients. DaVita then allegedly billed the government not only for the amount of Zemplar administered to patients, but also for the amount “wasted.”
With regard to Venofer, an iron supplement packaged only in a single-use vial size of 100 mg during the relevant time period, DaVita allegedly enacted protocols that required nurses to administer this drug in small amounts, and at frequent intervals, to maximize wastage. For instance, in certain instances, DaVita’s protocol called for a patient to receive 25 mg of Venofer per week, which resulted in 300 mg of waste per month that was billed to the Government. In contrast, if the order had been filled by giving the patient the entirety of a single 100 mg vial, once per month, no waste would have resulted.
In 2011, the Centers for Medicare and Medicaid Services changed the manner by which it reimbursed dialysis providers for such drugs. As a consequence, wastage derived from single-use vials was no longer profitable, and, as a result, DaVita allegedly changed its practices and reduced its drug wastage dramatically.
“Through personal sacrifice and courage, two whistleblowers exposed knowingly wasteful dosing practices designed simply to increase profits and improperly drain the government’s resources,” said Acting U.S. Attorney John Horn of the Northern District of Georgia. “This settlement returns hundreds of millions of dollars to the treasury that had been improperly obtained by DaVita through these wasteful practices.”
The allegations resolved today arose from a lawsuit filed and ultimately litigated to this succesful resolution by two whistleblowers, Dr. Alon Vanier and nurse Daniel Barbir, under the qui tam provisions of the False Claims Act. Under the Act, private citizens can bring suit on behalf of the government for false claims and share in any recovery. The United States may intervene in the action or, as in this case, the whistleblower may pursue the matter.
This case was monitored by the U.S. Attorney’s Office of the Northern District of Georgia and the Civil Division’s Commercial Litigation Branch.
Wednesday, June 24, 2015
DaVita to Pay $450 Million to Resolve Allegations That it Sought Reimbursement for Unnecessary Drug Wastage
DaVita Healthcare Partners, Inc., the largest provider of dialysis services in the United States, has agreed to pay $450 million to resolve claims that it violated the False Claims Act by knowingly creating unnecessary waste in administering the drugs Zemplar and Venofer to dialysis patients, and then billing the federal government for such avoidable waste. Davita is headquartered in Denver, Colorado, and has dialysis clinics in 46 states and the District of Columbia.
“This settlement is an example of what can be accomplished as a result of the successful cooperation between the government and whistleblowers in protecting our vital federal health care programs,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.
This civil settlement resolves allegations brought in a whistleblower action that DaVita devised and employed dosing grids and/or protocols specifically designed to create unnecessary waste of the drugs Venofer and Zemplar. These drugs are packaged in single-use vials, which are intended for one-time use. Sometimes, the amount of the drug in the vials does not match the dosage specified by the physician, resulting in the remainder of the drug in the vial being discarded.
At the time of the alleged scheme, Medicare would reimburse a dialysis provider for certain waste if the dialysis provider – acting in good faith – discarded the remainder of the drug contained in a single-use vial after administering the requisite dose and/or quantity of the drug to a Medicare patient.
The whistleblowers’ complaint alleged that, to create unnecessary Zemplar waste, DaVita required its employees to provide Zemplar to dialysis patients pursuant to mandatory and wasteful “dosing grids.” Zemplar, a Vitamin D supplement usually administered at every dialysis session, is packaged in single-use vial sizes of 2 mcg, 5 mcg, and 10 mcg. Davita allegedly created unnecessary waste by requiring its employees to provide Zemplar to dialysis patients pursuant to mandatory “dosing grids,” which were designed to maximize the amount of Zemplar administered to patients. DaVita then allegedly billed the government not only for the amount of Zemplar administered to patients, but also for the amount “wasted.”
With regard to Venofer, an iron supplement packaged only in a single-use vial size of 100 mg during the relevant time period, DaVita allegedly enacted protocols that required nurses to administer this drug in small amounts, and at frequent intervals, to maximize wastage. For instance, in certain instances, DaVita’s protocol called for a patient to receive 25 mg of Venofer per week, which resulted in 300 mg of waste per month that was billed to the Government. In contrast, if the order had been filled by giving the patient the entirety of a single 100 mg vial, once per month, no waste would have resulted.
In 2011, the Centers for Medicare and Medicaid Services changed the manner by which it reimbursed dialysis providers for such drugs. As a consequence, wastage derived from single-use vials was no longer profitable, and, as a result, DaVita allegedly changed its practices and reduced its drug wastage dramatically.
“Through personal sacrifice and courage, two whistleblowers exposed knowingly wasteful dosing practices designed simply to increase profits and improperly drain the government’s resources,” said Acting U.S. Attorney John Horn of the Northern District of Georgia. “This settlement returns hundreds of millions of dollars to the treasury that had been improperly obtained by DaVita through these wasteful practices.”
The allegations resolved today arose from a lawsuit filed and ultimately litigated to this succesful resolution by two whistleblowers, Dr. Alon Vanier and nurse Daniel Barbir, under the qui tam provisions of the False Claims Act. Under the Act, private citizens can bring suit on behalf of the government for false claims and share in any recovery. The United States may intervene in the action or, as in this case, the whistleblower may pursue the matter.
This case was monitored by the U.S. Attorney’s Office of the Northern District of Georgia and the Civil Division’s Commercial Litigation Branch.
Thursday, June 25, 2015
AFFORDABLE CARE ACT TAX CREDITS STILL AVAILABLE AFTER SUPREME COURT RULING ACCORDING TO HHS SECRETARY BURWELL'S STATEMENT
FROM: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOR IMMEDIATE RELEASE
June 25, 2015
Statement by HHS Secretary Sylvia M. Burwell on the Affordable Care Act
Today’s Supreme Court decision confirms that the Affordable Care Act’s tax credits are available to all eligible Americans no matter where they live. Americans in all 50 states and the District of Columbia can continue to rely on the security and peace of mind that come with affordable, quality health care coverage.
Over six million Americans and their families will sleep easier knowing they will still be able to afford health coverage. Millions more won’t have to worry about an upward spiral in their premiums because of today’s decision, even if they didn’t buy their insurance through the Marketplace. And the law’s financial assistance will be available in the next open enrollment so that others can benefit as well.
The Affordable Care Act is working to improve access, affordability and quality.
That is the story I hear as I travel across this country. People’s lives have been changed and even saved because they have health insurance—many for the first time. They have coverage that can keep them healthy and provide quality care when they are sick.
The Affordable Care Act also strengthens protections for almost every American with health insurance. People with pre-existing conditions can no longer be denied coverage or charged higher premiums. Critical preventive services, like immunizations and certain cancer screenings, are available at no additional cost. Since parents can keep their children on their health insurance policies up to age 26, young Americans can stay in school or find their first job without worrying about their coverage. And your health premiums can no longer be higher just because you are a woman.
I hope that this positive decision will do what the American people want us to do -- focus on the substance and turn to building on the progress we have made. They want us to move forward to provide more Americans with affordable access to quality coverage and create a health care system that improves the quality of care and spends our dollars more wisely.
FOR IMMEDIATE RELEASE
June 25, 2015
Statement by HHS Secretary Sylvia M. Burwell on the Affordable Care Act
Today’s Supreme Court decision confirms that the Affordable Care Act’s tax credits are available to all eligible Americans no matter where they live. Americans in all 50 states and the District of Columbia can continue to rely on the security and peace of mind that come with affordable, quality health care coverage.
Over six million Americans and their families will sleep easier knowing they will still be able to afford health coverage. Millions more won’t have to worry about an upward spiral in their premiums because of today’s decision, even if they didn’t buy their insurance through the Marketplace. And the law’s financial assistance will be available in the next open enrollment so that others can benefit as well.
The Affordable Care Act is working to improve access, affordability and quality.
That is the story I hear as I travel across this country. People’s lives have been changed and even saved because they have health insurance—many for the first time. They have coverage that can keep them healthy and provide quality care when they are sick.
The Affordable Care Act also strengthens protections for almost every American with health insurance. People with pre-existing conditions can no longer be denied coverage or charged higher premiums. Critical preventive services, like immunizations and certain cancer screenings, are available at no additional cost. Since parents can keep their children on their health insurance policies up to age 26, young Americans can stay in school or find their first job without worrying about their coverage. And your health premiums can no longer be higher just because you are a woman.
I hope that this positive decision will do what the American people want us to do -- focus on the substance and turn to building on the progress we have made. They want us to move forward to provide more Americans with affordable access to quality coverage and create a health care system that improves the quality of care and spends our dollars more wisely.
READOUT: PRESIDENT OBAMA'S MEETING WITH CHINA'S REP TO U.S.-CHINA DIALOGUE ON PEOPLE-TO-PEOPLE EXCHANGE
FROM: THE WHITE HOUSE
Readout of the President’s Meeting with China’s Special Representatives to the U.S.-China Strategic and Economic Dialogue and Consultation on People-to-People Exchange
The President met today with China’s Special Representatives to the U.S.-China Strategic and Economic Dialogue and Consultation on People-to-People Exchange, Vice Premier Liu Yandong, Vice Premier Wang Yang, State Councilor Yang Jiechi, and the Chinese delegation. The President acknowledged the importance of these annual ministerial-level mechanisms for expanding practical cooperation on regional and global challenges, while at the same time narrowing differences. The President and the Chinese Special Representatives agreed to further expand U.S.-China cooperation on climate and clean energy, and affirmed their unity of purpose in our approach to the Paris climate negotiations in December. Recognizing the importance of economic ties to the overall bilateral relationship, the President expressed support for China’s efforts to reform and rebalance its economy, and for our ongoing bilateral investment treaty negotiations, while urging China to address major economic challenges in the areas of its currency, technology and investment policies. The President raised ongoing U.S. concerns about China’s cyber and maritime behavior, and he urged China to take concrete steps to lower tensions.
Readout of the President’s Meeting with China’s Special Representatives to the U.S.-China Strategic and Economic Dialogue and Consultation on People-to-People Exchange
The President met today with China’s Special Representatives to the U.S.-China Strategic and Economic Dialogue and Consultation on People-to-People Exchange, Vice Premier Liu Yandong, Vice Premier Wang Yang, State Councilor Yang Jiechi, and the Chinese delegation. The President acknowledged the importance of these annual ministerial-level mechanisms for expanding practical cooperation on regional and global challenges, while at the same time narrowing differences. The President and the Chinese Special Representatives agreed to further expand U.S.-China cooperation on climate and clean energy, and affirmed their unity of purpose in our approach to the Paris climate negotiations in December. Recognizing the importance of economic ties to the overall bilateral relationship, the President expressed support for China’s efforts to reform and rebalance its economy, and for our ongoing bilateral investment treaty negotiations, while urging China to address major economic challenges in the areas of its currency, technology and investment policies. The President raised ongoing U.S. concerns about China’s cyber and maritime behavior, and he urged China to take concrete steps to lower tensions.
DEPUTY SECRETARY WORK SAYS SPACE CAPABILITIES AT HEART OF AMERICAN MILITARY CAPABILITIES
Right: Deputy Defense Secretary Bob Work delivers remarks at the U.S. Geospatial Intelligence Foundation's annual symposium in Washington, D.C., June 23, 2015. The event is the nation's largest gathering of intelligence professionals. DoD photo by U.S. Army Sgt. 1st Class Clydell Kinchen.
Work Calls for Collaboration to Maintain Tech Dominance
By Jim Garamone
DoD News, Defense Media Activity
WASHINGTON, June 23, 2015 – Space capabilities are at the heart of American military capabilities, and the Pentagon and private industry must innovate to maintain those capabilities, Deputy Defense Secretary Bob Work said at the GeoInt Symposium here today.
The event is sponsored by the U.S. Geospatial Intelligence Foundation and held at the D.C. Convention Center.
Work told attendees that the next 25 years are going to be far more challenging to the United States military than the past quarter century.
End of 'Unipolar World'
“Our space capabilities are going to be contested in a way they haven’t been before and we need to be prepared for that eventuality,” the deputy secretary said.
Geospatial intelligence is going to remain crucial to U.S. space capability and the national security apparatus, Work said.
“Because of the things coming along, we are going to have to embrace innovation and change,” he said.
Work said the unipolar world of the past 25 years –- where the United States was the world’s only superpower –- is ending. Other nations are emerging as great powers, which he defines as “one that possesses enough military assets to put up a serious fight in an all-out conventional war against the most powerful state in the world. And possesses a nuclear deterrent that can survive a nuclear strike.”
Both Russia and China meet this definition or soon will, Work said.
Russia, China
Russia’s actions in its illegal annexation of Crimea and its continued actions in eastern Ukraine are worrying, the deputy secretary said. Russian President Vladimir Putin’s nuclear saber-rattling also concerns global leaders, he added.
“Russia represents a clear and present danger,” Work said. “It comes after 25 years of the United States and Europe working very hard to include Russia in the European community and partner with it on a variety of issues.”
The United States still wants Russia to come in from the cold, renounce its current course and work with the West, Work said.
But Russia is trying to undermine NATO, dominate the Arctic and challenge many of America’s broader global links, the deputy secretary said.
China is a rising power that will present “a significant and varied challenge over the next 25 years,” Work said.
“This doesn’t mean to suggest in any way, shape, or form that China and the United States are destined to become adversaries,” he added.
There will be areas where the two sides will agree and cooperate and other areas where they disagree and won’t, Work said. The two nations’ militaries, he added, will continue to work together and expand military-to-military relationships.
Still, the department must take into account capabilities and behave accordingly, he said.
Deterrence
The best response to any challenge from wherever they may come, is strong conventional and nuclear deterrent capabilities, Work said.
Conventional deterrence posture requires three things, he said.
“First, we have to overmatch the technical capabilities of any potential adversary,” he said. “Second, we have to maintain the ability to project power across transoceanic distances and defeat any adversary's attempt to project power across inter- or intra-theater distances. Third, we have to routinely demonstrate both capabilities.”
Key to these is technological superiority to provide overmatch on any battlefield, Work said. Key to the overmatch, he said, was “our unparalleled space capabilities.”
America’s space architecture built during the Cold War “provided us with an instant ability to set up theater-wide guided munition battle capability, enabled by space-based targeting navigation capabilities,” he said.
The capabilities allowed the United States “to project more power, more precisely, more slickly, with less cost and less force structure and with fewer casualties,” Work said.
A Shrinking Lead
The security environment is changing and the U.S. military technological lead is shrinking, he explained.
“Many countries -– including Russia and China –- are pursuing levels of weapons development that we haven’t seen since the mid-1980s,” Work said. “Second, over the last 14 years our focus was where it should be -– with the men and women fighting our nation’s battles.”
Both combined to shrink the amount of money available to maintain U.S. military technological superiority, the deputy secretary said.
The U.S. military once considered space as an uncontested area of operations, he said.
However, adversaries recently have focused on space systems as a potential chink in American armor, Work said.
“Space must now be considered a contested operational domain, in a way we haven’t in the past,” he said.
Doubling Down on Geo Intel
DoD officials recognize the importance of protecting U.S. spacesystems and making them more resilient, Work said. The department has increased its funding in space more than $5 billion in the next budget. And, DoD, the intelligence community and private industry are working together to build in resilience to satellite constellations.
“Together we must and will develop command centers which will help us fight through attacks, and together we must counter an adversary’s capabilities -- especially their [intelligence, surveillance and reconnaissance] assets,” the deputy secretary said.
And the U.S. military wants more capabilities developed from its investments in space, Work said.
“We are going to double down on geoint in the future,” he said. “We want to establish patterns of life from space. We want to know what the unusual looks like. If all of a sudden a lot of cars show up in the parking lot of an adversary's missile plant, we want to know about it -- and quickly.
“If small boats are in the [Persian] Gulf or pirates are congregating off Aden -- we want to know,” Work continued. “If soldiers are snapping pictures of themselves in war zones and posting them to social media sites, we want to know exactly where those pictures were taken.”
DEPUTY DEFENSE SECRETARY WORK'S SPEECH ON THE CHINA AEROSPACE CHALLENGE
Right: Deputy Defense Secretary Bob Work gives the keynote address during the inaugural China Aerospace Studies Institute conference in Arlington, Va., June 22, 2015. The Air Force and the Rand Corp. co-sponsored the event, which focused on assessing Chinese aerospace training and operational competence. DoD photo by Army Sgt. 1st Class Clydell Kinchen.
Work: Institute to Help U.S. Meet China Aerospace Challenge
By Cheryl Pellerin
DoD News, Defense Media Activity
WASHINGTON, June 23, 2015 – Deputy Defense Secretary Bob Work delivered the keynote speech yesterday in Arlington, Virginia, at an inaugural conference of the China Aerospace Studies Institute, or CASI, newly established by the Air Force and RAND Corp.
The institute’s focus is on China, which Work called a rising power that’s experiencing a growing economy and increased military technical capabilities.
“I hope that CASI, along with many organizations like it, are going to help us maintain an unfair competitive aerospace advantage far into the future,” Work said, “because that is the surest means to underwrite conventional deterrence, contribute to crisis stability and safeguard our nation's interests.”
The conference focused on a move by China to do more realistic training across the board under what they call actual combat or wartime conditions, the deputy secretary said, and improve their readiness.
Serious Challenge
“CASI needs to help us think on how we respond to this challenge. It's a serious one and one that we have to take seriously,” he said.
Work said the institute supports President Barack Obama's rebalance to the Asia-Pacific region and the Defense Department’s Defense Innovation Initiative, both of which are top priorities for Defense Secretary Ash Carter and himself.
“More generally,” Work noted, “it's an exemplar of what we need to do to prepare for the future.”
The United States will maintain enormous absolute power as far into the future as anyone can see, Work said, but its relative power will decline in an increasingly technological world and one in which U.S. leadership will be increasingly challenged.
Great Powers
The most significant challenge to U.S. global leadership and the one in Work’s view that promises to be the most difficult to manage is the possible reemergence of great-power competitions.
A great power, as defined by international relations theorist John Mearsheimer, “is a state having sufficient military assets to put up a serious fight in a conventional war against the most powerful state in the world, and that possesses a nuclear deterrent that can survive a nuclear strike against it,” Work paraphrased.
If China is not a great power now it has the potential to be, he said, “and under any circumstances they are going to provide us with an enduring and very difficult military challenge, which will stress us.”
China will present a more significant and perhaps enduring strategic challenge to the United States over the next 25 years if not beyond, the deputy secretary said, one that DoD must be particularly focused on.
Competitive Relationship
“This does not mean to suggest I think that we are doomed to have an overtly hostile relationship,” Work said.
The future U.S.-China relationship will have elements of cooperation and competition and not open hostility, he said, and DoD continues to pursue military-to-military cooperation and confidence-building measures with China.
But DoD can’t overlook the competitive aspects of the relationship with China, Work said.
“Since the end of World War II we have relied upon our technological superiority. Why? To provide a conventional overmatch to overcome an adversary's advantages in time, space and size of forces, because generally we are moving across oceans to meet them,” he said.
Margin of Superiority
Today the U.S. margin of technological military superiority is steadily eroding and China and Russia are pursuing levels of advanced weapons development that haven’t been seen, Work said, since the mid-1980s, near the peak of the Soviet Union’s surge in Cold War defense spending.
For the United States, he said, part of the solution is a long-range research and development planning program, or LRRDPP, under the direction of Frank Kendall, undersecretary of defense for acquisition, technology and logistics.
The program aims to identify promising technologies that can be moved into development within the next five years, and long-range science and technology investments that can be made now for big payoffs in 10 to 20 years, the deputy secretary said.
“The initial results of these efforts … are going to be reported to [Carter] next month and they will be used to provide me and the vice chairman of the Joint Chiefs of Staff strategic guidance on how to approach the strategic portfolio in fiscal year 2017 budget preparation and submission,” Work explained.
Strategic Capabilities
Another shorter-term part of the solution is the Strategic Capabilities Office, or SCO, established by Carter to look at weapons and systems and platforms in production, in the field or programmed now, and use them in a different way than intended to offer an unexpected operational or tactical advantage, the deputy secretary said.
Work said the department is exploring new combinations of technologies, operational concepts and organizational constructs that will help maintain its ability to project combat power into a theater in a place and during a time of its own choosing, especially aerospace power.
“Aerospace power has always been and will always be fundamental to our ability to project power across transoceanic distances, to conduct theater entry operations, and to mount joint combined-arms operations,” Work said.
“And because of its rapid global mobility, air power will likely be the first on the scene in any unexpected crisis in the future,” he added.
Air-Land Battle 2.0
China is mounting a serious aerospace challenge against the United States and is intent on closing the gap between its aerospace forces and those of the United States, Work said.
China also is developing stealth aircraft, intelligence, surveillance and reconnaissance and battle-management platforms, advanced air-to-air and air-to-surface missiles, and top-of-the-line electronic warfare equipment, he said.
“In other words,” Work said, “we have to think about the nature and character of air-land battle 2.0 -- another area where CASI, I believe, will be central to our thinking.”
DOJ ANNOUNCES FILING CHARGES ON OVER 2,700 HUMAN SMUGGLERS
FROM: U.S. JUSTICE DEPARTMENT
Tuesday, June 23, 2015
Department of Justice Filed Charges on more than 2,700 Human Smugglers in Fiscal Year 2014
Between 2009 and 2014, More Than 18,000 Individuals Charged With Human Smuggling by Federal Prosecutors
The Justice Department is committed to using its resources to bring to justice those that are breaking the law by smuggling migrants into the United States. In Fiscal Year 2014 (FY14, Oct. 1, 2013, up to Sept. 30, 2014), the Justice Department filed criminal charges against 2,762 individuals for human smuggling or harboring immigrants. Nearly 90 percent of the criminal charges filed in FY14 for smuggling took place in Texas (1,515), California (511), Arizona (394), Florida (75) and New York (31). The announcement of these actions is just one part of ongoing, collaborative efforts to tackle unlawful migration. These efforts also helped to address last year’s influx of Central American migrants, including unaccompanied children and families crossing into the Rio Grande Valley, and demonstrate a continued commitment to dismantling human smuggling operations that put so many lives at risk.
Individuals that facilitate smuggling acts need to be aware that they face criminal prosecution and fines. They also need to be aware of the dangers faced by the individuals that are being smuggled and also that the Department of Justice will seek forfeiture of funds transferred to others in connection with a smuggling crime. In addition, individuals trying to bring a family member to the United States by transferring funds to a coyote should be aware that those acts are against the law and their funds can be seized by the federal government.
The penalty for human smuggling if done for commercial benefit is up to 10 years in prison and an accompanying fine. For example, in January, Ruth Fernandez Morales-Lopez pleaded guilty before U.S. District Judge Hilda G. Tagle of the Southern District of Texas to bringing in and harboring aliens and money laundering. Morales-Lopez admitted that she was the person who decided, based on whether they paid their smuggling fees, which individuals could stay at the “stash house,” located in San Benito, Texas. She further admitted that more than $1 million in her bank account was comprised of smuggling fees and that she structured her withdrawals from that account to circumvent the Bank Secrecy Act. Morales-Lopez faces up to 10 years in federal prison for the smuggling charge and up to 20 years for money laundering. The remaining five defendants in the case, all of whom pleaded guilty, each face up to 10 years of federal imprisonment.
Many of the stories revealed in court cases outline the severe examples of exploitation and violence against migrants. For example, in April 2014, a federal jury in Del Rio, Texas, convicted Eduardo Rocha Sr., 44, for his role in a human smuggling ring operation in Carrizo Springs, Texas, known for torturing its victims and exploiting their families. The evidence presented during the trial showed that Rocha Sr. extorted additional money from family members of migrants that already lived in the United States. In some instances, he ordered his accomplices to subject migrants to brutal violence and mutilation while their family members were forced to listen over the phone.
The Justice Department has a long history of working with the Department of Homeland Security and other federal partners to investigate and prosecute human smugglers. These collaborative efforts lead to prosecutions of those responsible for the illegal entry of individuals, including unaccompanied minors. The string of human smuggling convictions on the southwest border emphasizes the federal law enforcement resources being brought to bear to dismantle and disrupt these dangerous, criminal operations. Human smuggling acts can also lead to extremely dangerous circumstances that pose a public safety threat and significant humanitarian concerns. Many of the cases prosecuted by U.S. Attorney’s Offices throughout the country involve migrants who have been kidnapped, taken hostage, beaten, sexually assaulted, threatened or who have actually died as a result of living under some of the most perilous conditions.
Tragic stories have become all too familiar along the southwest border. In October 2014, for example, Carlos Hernandez-Palma and Fernando Armenta-Romero were apprehended and sentenced for their role in the death of an undocumented immigrant woman that they abandoned in the wilderness of Otay Mountain near the San Diego border. Court records revealed that the woman’s husband pleaded with the smugglers, to no avail, to call for assistance for his pregnant wife after she became gravely ill during the venture. It would be several days before the U.S. Border Patrol found his wife’s body. Her cause of death was attributed to hyperglycemia from being diabetic and hypothermia from environmental exposure.
In addition, the Justice Department is working with countries like Honduras, Guatemala, El Salvador and Mexico to identify and prosecute smugglers who are aiding unaccompanied children crossing the U.S. border. The coordinated efforts also target facilitators operating in foreign countries.
These ongoing enforcement efforts started before last year’s surge of unaccompanied minors and the Justice Department will continue to be vigilant in bringing smugglers to justice. In the years 2009 to 2014, the Justice Department charged more than 18,000 defendants with smuggling or harboring immigrants.
Tuesday, June 23, 2015
Department of Justice Filed Charges on more than 2,700 Human Smugglers in Fiscal Year 2014
Between 2009 and 2014, More Than 18,000 Individuals Charged With Human Smuggling by Federal Prosecutors
The Justice Department is committed to using its resources to bring to justice those that are breaking the law by smuggling migrants into the United States. In Fiscal Year 2014 (FY14, Oct. 1, 2013, up to Sept. 30, 2014), the Justice Department filed criminal charges against 2,762 individuals for human smuggling or harboring immigrants. Nearly 90 percent of the criminal charges filed in FY14 for smuggling took place in Texas (1,515), California (511), Arizona (394), Florida (75) and New York (31). The announcement of these actions is just one part of ongoing, collaborative efforts to tackle unlawful migration. These efforts also helped to address last year’s influx of Central American migrants, including unaccompanied children and families crossing into the Rio Grande Valley, and demonstrate a continued commitment to dismantling human smuggling operations that put so many lives at risk.
Individuals that facilitate smuggling acts need to be aware that they face criminal prosecution and fines. They also need to be aware of the dangers faced by the individuals that are being smuggled and also that the Department of Justice will seek forfeiture of funds transferred to others in connection with a smuggling crime. In addition, individuals trying to bring a family member to the United States by transferring funds to a coyote should be aware that those acts are against the law and their funds can be seized by the federal government.
The penalty for human smuggling if done for commercial benefit is up to 10 years in prison and an accompanying fine. For example, in January, Ruth Fernandez Morales-Lopez pleaded guilty before U.S. District Judge Hilda G. Tagle of the Southern District of Texas to bringing in and harboring aliens and money laundering. Morales-Lopez admitted that she was the person who decided, based on whether they paid their smuggling fees, which individuals could stay at the “stash house,” located in San Benito, Texas. She further admitted that more than $1 million in her bank account was comprised of smuggling fees and that she structured her withdrawals from that account to circumvent the Bank Secrecy Act. Morales-Lopez faces up to 10 years in federal prison for the smuggling charge and up to 20 years for money laundering. The remaining five defendants in the case, all of whom pleaded guilty, each face up to 10 years of federal imprisonment.
Many of the stories revealed in court cases outline the severe examples of exploitation and violence against migrants. For example, in April 2014, a federal jury in Del Rio, Texas, convicted Eduardo Rocha Sr., 44, for his role in a human smuggling ring operation in Carrizo Springs, Texas, known for torturing its victims and exploiting their families. The evidence presented during the trial showed that Rocha Sr. extorted additional money from family members of migrants that already lived in the United States. In some instances, he ordered his accomplices to subject migrants to brutal violence and mutilation while their family members were forced to listen over the phone.
The Justice Department has a long history of working with the Department of Homeland Security and other federal partners to investigate and prosecute human smugglers. These collaborative efforts lead to prosecutions of those responsible for the illegal entry of individuals, including unaccompanied minors. The string of human smuggling convictions on the southwest border emphasizes the federal law enforcement resources being brought to bear to dismantle and disrupt these dangerous, criminal operations. Human smuggling acts can also lead to extremely dangerous circumstances that pose a public safety threat and significant humanitarian concerns. Many of the cases prosecuted by U.S. Attorney’s Offices throughout the country involve migrants who have been kidnapped, taken hostage, beaten, sexually assaulted, threatened or who have actually died as a result of living under some of the most perilous conditions.
Tragic stories have become all too familiar along the southwest border. In October 2014, for example, Carlos Hernandez-Palma and Fernando Armenta-Romero were apprehended and sentenced for their role in the death of an undocumented immigrant woman that they abandoned in the wilderness of Otay Mountain near the San Diego border. Court records revealed that the woman’s husband pleaded with the smugglers, to no avail, to call for assistance for his pregnant wife after she became gravely ill during the venture. It would be several days before the U.S. Border Patrol found his wife’s body. Her cause of death was attributed to hyperglycemia from being diabetic and hypothermia from environmental exposure.
In addition, the Justice Department is working with countries like Honduras, Guatemala, El Salvador and Mexico to identify and prosecute smugglers who are aiding unaccompanied children crossing the U.S. border. The coordinated efforts also target facilitators operating in foreign countries.
These ongoing enforcement efforts started before last year’s surge of unaccompanied minors and the Justice Department will continue to be vigilant in bringing smugglers to justice. In the years 2009 to 2014, the Justice Department charged more than 18,000 defendants with smuggling or harboring immigrants.
Wednesday, June 24, 2015
THE MYSTERIOUS LIGHTS OF PLANET CERES
FROM: NASA
 |
| A cluster of mysterious bright spots on dwarf planet Ceres can be seen in this image, taken by NASA's Dawn spacecraft from an altitude of 2,700 miles (4,400 kilometers). The image, with a resolution of 1,400 feet (410 meters) per pixel, was taken on June 9, 2015. Image Credit: NASA/JPL-Caltech/UCLA/MPS/DLR/IDA. |
THE WASPS AND THE BRAINS
FROM: NATIONAL SCIENCE FOUNDATION
Tiny brains, but shared smarts
Unlike humans and other vertebrates, the brains of wasps shrink when they're socialized--but they might 'share' brainpower
A solitary wasp--the kind that lives and forages for food alone--has a fairly small brain. Type out a lowercase letter in 10-point text and you'll get an idea of its size.
But tiny as that brain is, its social cousins, living together in honeycombed nests, have even smaller ones. And that size difference might provide some key information about the difference between insect societies and vertebrate societies.
Biologists have studied the societies of vertebrates--from flocks of birds, to schools of fish, to communities of humans--enough to come up with something called the "social brain hypothesis." Generally, it goes something like this: Social interaction presents challenges that require a lot of brain power, as that interaction requires organisms to navigate complicated territory, including avoiding conflict and building alliances.
Therefore, vertebrates that live in societies have bigger brains. The more complex the organism's society, the bigger its brain regions for processing complex information will be. Scientists believe the complexity of human societies may be one of the reasons we have such large, developed brains.
Sean O'Donnell, a biology professor at Drexel, has spent almost the entirety of his more than 20-year career studying wasps. He says these picnic terrors--actually critical members of the insect world that prey on pest species--represent ideal candidates for seeing whether that hypothesis applies to insects, because they have so much variation.
Some wasps are solitary. Some live in small, primitive groups. Others live in larger, more complex societies. "There are lots of intermediate stages," O'Donnell said.
When O'Donnell, with support from the National Science Foundation's Directorate for Biological Sciences, looked at the brains in 29 related species of wasps spanning the social spectrum, he found that living in a society did indeed affect the size of their brains. It just made them smaller, instead of bigger.
His findings are described in the latest issue of Proceedings of the Royal Society B.
"If our data is verified, it suggests that there's something really different about how insect societies formed," he said.
O'Donnell's work focused on the "mushroom bodies" of the wasps' brains, structures that are superficially similar to the regions of vertebrate brains that deal with higher cognitive functions.
His research uncovered another interesting difference from vertebrates: the complexity of the wasps' societies seemed to have no significant effect on the size of their brains. The big dropoff in size occurred between solitary and social wasps. In contrast, the brains of wasps in simple societies showed no significant size differences between those in complex societies.
"That suggests to me that going from solitary to a small society is the significant transition," O'Donnell said.
'Sharing' brainpower
Part of what makes vertebrate societies so brain-intensive is that they usually involve groups of organisms with different agendas that aren't related to one another--most of the people you know aren't members of your family.
Insect societies, however, are made up of groups of cooperating close relatives with shared objectives. Wasps might not need the type of brainpower required for social interaction because there's much less of it in their nests and colonies. The insects cooperate and rely on each other without the type of negotiation that can be required in vertebrate societies.
But what advantage could a smaller, less complex brain offer a species? As O'Donnell puts it, "Brains are expensive."
Neural tissues require more energy to develop and maintain than almost any other kind, and biologists have found that natural selection will find the optimal balance between the metabolic costs of developing particular areas of the brain and the benefits yielded.
In some ways, the social wasps may "share" brainpower. Individually, their brains might not stack up to their solitary relatives, but the colony as a whole is "smart."
O'Donnell says the next steps for his work will replicate the wasp research with termites and bees, which also offer a variety of social complexity.
"We would expect to see similar patterns," he said.
Learn more in this Drexel University video on Sean O'Donnell's work.
-- Rob Margetta
Investigators
Sean O'Donnell
Related Institutions/Organizations
Drexel University
Tiny brains, but shared smarts
Unlike humans and other vertebrates, the brains of wasps shrink when they're socialized--but they might 'share' brainpower
A solitary wasp--the kind that lives and forages for food alone--has a fairly small brain. Type out a lowercase letter in 10-point text and you'll get an idea of its size.
But tiny as that brain is, its social cousins, living together in honeycombed nests, have even smaller ones. And that size difference might provide some key information about the difference between insect societies and vertebrate societies.
Biologists have studied the societies of vertebrates--from flocks of birds, to schools of fish, to communities of humans--enough to come up with something called the "social brain hypothesis." Generally, it goes something like this: Social interaction presents challenges that require a lot of brain power, as that interaction requires organisms to navigate complicated territory, including avoiding conflict and building alliances.
Therefore, vertebrates that live in societies have bigger brains. The more complex the organism's society, the bigger its brain regions for processing complex information will be. Scientists believe the complexity of human societies may be one of the reasons we have such large, developed brains.
Sean O'Donnell, a biology professor at Drexel, has spent almost the entirety of his more than 20-year career studying wasps. He says these picnic terrors--actually critical members of the insect world that prey on pest species--represent ideal candidates for seeing whether that hypothesis applies to insects, because they have so much variation.
Some wasps are solitary. Some live in small, primitive groups. Others live in larger, more complex societies. "There are lots of intermediate stages," O'Donnell said.
When O'Donnell, with support from the National Science Foundation's Directorate for Biological Sciences, looked at the brains in 29 related species of wasps spanning the social spectrum, he found that living in a society did indeed affect the size of their brains. It just made them smaller, instead of bigger.
His findings are described in the latest issue of Proceedings of the Royal Society B.
"If our data is verified, it suggests that there's something really different about how insect societies formed," he said.
O'Donnell's work focused on the "mushroom bodies" of the wasps' brains, structures that are superficially similar to the regions of vertebrate brains that deal with higher cognitive functions.
His research uncovered another interesting difference from vertebrates: the complexity of the wasps' societies seemed to have no significant effect on the size of their brains. The big dropoff in size occurred between solitary and social wasps. In contrast, the brains of wasps in simple societies showed no significant size differences between those in complex societies.
"That suggests to me that going from solitary to a small society is the significant transition," O'Donnell said.
'Sharing' brainpower
Part of what makes vertebrate societies so brain-intensive is that they usually involve groups of organisms with different agendas that aren't related to one another--most of the people you know aren't members of your family.
Insect societies, however, are made up of groups of cooperating close relatives with shared objectives. Wasps might not need the type of brainpower required for social interaction because there's much less of it in their nests and colonies. The insects cooperate and rely on each other without the type of negotiation that can be required in vertebrate societies.
But what advantage could a smaller, less complex brain offer a species? As O'Donnell puts it, "Brains are expensive."
Neural tissues require more energy to develop and maintain than almost any other kind, and biologists have found that natural selection will find the optimal balance between the metabolic costs of developing particular areas of the brain and the benefits yielded.
In some ways, the social wasps may "share" brainpower. Individually, their brains might not stack up to their solitary relatives, but the colony as a whole is "smart."
O'Donnell says the next steps for his work will replicate the wasp research with termites and bees, which also offer a variety of social complexity.
"We would expect to see similar patterns," he said.
Learn more in this Drexel University video on Sean O'Donnell's work.
-- Rob Margetta
Investigators
Sean O'Donnell
Related Institutions/Organizations
Drexel University
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