FROM: U.S. LABOR DEPARTMENT
Statement on Labor Day by Secretary of Labor Thomas E. Perez
WASHINGTON — Secretary of Labor Thomas E. Perez issued the following statement today to commemorate Labor Day on Monday, Sept. 2:
On Labor Day, we pay tribute and say thanks to the people who build our nation's strength, character and prosperity. American workers are the most industrious, the most capable and the most diligent in the world. There is no challenge they don't embrace, no hardship they can't overcome.
"Our grit and determination has been put to the test recently, as we've endured the most crippling recession in 80 years. But now we are turning the corner. In the past 41 months, we've created 7.3 million jobs. The auto industry, which was flat on its back a few years ago, is surging again. Unemployment is at its lowest level since 2008. And the economy continues to grow as we provide affordable health care for every American. But there's no question we can and must do more.
"Our common agenda must be jobs, jobs, jobs. Working together, we can unleash the economy's full potential, secure a better bargain for the middle class and expand opportunities for everyone.
"Over the past 100 years, one federal agency has been workers' strongest ally and fiercest advocate: the U.S. Department of Labor. Our job is to make the American Dream a reality for all. To do that, we are investing in higher education and working closely with employers to provide workers with the state-of-the-art skills they need to succeed in 21st century jobs. We're making sure workers come home safely to their families at the end of every day, partnering with responsible employers to ensure the most exacting standards on occupational safety and health. We're continuing our strong efforts and unparalleled commitment to protect workers' benefits, so they can retire with dignity and security. And we're fighting for an honest day's pay for an honest day's work. It's a moral and economic imperative that we raise the federal minimum wage. People who work full-time in America shouldn't live in poverty.
"On Labor Day, we reflect on the men and women whose heads, hearts and hands have made ours the strongest economy the world has ever known. To meet the challenges ahead, we must draw inspiration from their stories. We must emulate their strength and resilience. We must summon their dignity and their courage.
"As the first Labor Secretary of the department's second century, I have every confidence that, powered by the talent and determination of our workers, we will create more opportunity in the years ahead. Best wishes for a safe, healthy and prosperous Labor Day."
Monday, September 2, 2013
THE PRESENCE OF THE NYPD IN AFGHANISTAN
FROM: U.S. DEFENSE DEPARTMENT
Face of Defense: NYPD Officer Serves in Afghanistan
By Marine Corps Cpl. Paul Peterson
2nd Marine Logistics Group
CAMP LEATHERNECK, Afghanistan, Aug. 30, 2013 - Before the War on Terror, the toppling of the oppressive Taliban regime in Afghanistan, or the attacks of Sept. 11, 2001, a young boy from the Bronx knew one thing: he wanted to help.
Marine Corps Sgt. Jonathan L. Vasquez was that boy in New York City. Today, Vasquez is a Marine Corps reservist currently serving with Combat Logistics Regiment 2, Regional Command-Southwest, in Helmand province, Afghanistan
"I've been that way since I was young," said Vasquez, who spent four years persistently applying to become a New York City police officer after joining the military at the age of 17.
"Both the career choices I made happen to help people. It's the best of both worlds, I say," he said.
While already committed to the idea of public service, the attacks on the World Trade Center changed things for the then-12-year-old Vasquez.
"I was in social studies class -- go figure, history," Vasquez recalled. "They actually brought the TV into the classroom and explained to us the World Trade Center was hit. At first they thought it was an accident, but then they told us it wasn't. I actually wish I was older, and I had joined right then."
As Americans paused to grieve and unite, he tightened his focus on the future. It was a five-year wait before he met the age requirements for military service and nearly a decade before he realized his dream of joining the New York City Police Department.
The wait and the right to wear the uniforms were worth it, Vasquez said.
"I don't want to sound corny. It's not like Superman or anything like that, but it feels good," he said. "New York is very patriotic. You get a lot of grace and a lot of thanks. It's an awesome feeling."
Not every day is easy. Both jobs come with separation from family, constant stress, and the burden of responsibility. Not all the right choices are clear, Vasquez said.
"You don't know," he said. "Sometimes you just have to make a decision and go with it. That's a trait of being a leader, especially in the Marine Corps where they grow you to become a leader."
Vasquez said he takes it all in stride. The strain is difficult, but it also forges bonds between him and his fellow service members and police officers. Still, the risks are palpable.
"When you put on that uniform for your shift, you don't know if you're coming home," Vasquez said. "You don't know if you'll [experience] a shooting or deliver a baby that day. It's very stressful, and it's every day of your life."
Vasquez balances the stress with an inherent optimism. Whether he's serving as a vehicle commander on a convoy in Afghanistan or working as a patrol officer out of the 47th Precinct, he's upbeat.
It's in his voice every day, a nasal-heavy New York accent even a Midwesterner could appreciate and a snicker-like smile to back it up. On patrol or drenched in sweat inside the sweltering gym at Camp Leatherneck, Vasquez keeps smiling, laughing and joking.
He's the kind of New Yorker who will interrupt the climax of a perfectly good movie to point out the setting is his city. He's got "attitude."
"Not in a bad way," Vasquez said. "I'm very respectful, and I'll respect anyone as long as they respect me."
Vasquez said his family back home worries about him, but their constant support is a source of strength. He said he finds contact with his daughter particularly uplifting.
"She puts a smile on my face," he said, completely dropping his shield of military toughness. "I can see it in her eyes [when we talk online] that she really misses me ... it feels good."
Vasquez also has deployed to South America, Asia, and Iraq. At every turn, he's brought his love for service with him.
"I'm grateful for all the things the military has done for me as well as the things I try to do for the military," Vasquez said. "It's the same thing for the police department. I'm glad I have a career back home I can go to and also help people."
Face of Defense: NYPD Officer Serves in Afghanistan
By Marine Corps Cpl. Paul Peterson
2nd Marine Logistics Group
CAMP LEATHERNECK, Afghanistan, Aug. 30, 2013 - Before the War on Terror, the toppling of the oppressive Taliban regime in Afghanistan, or the attacks of Sept. 11, 2001, a young boy from the Bronx knew one thing: he wanted to help.
Marine Corps Sgt. Jonathan L. Vasquez was that boy in New York City. Today, Vasquez is a Marine Corps reservist currently serving with Combat Logistics Regiment 2, Regional Command-Southwest, in Helmand province, Afghanistan
"I've been that way since I was young," said Vasquez, who spent four years persistently applying to become a New York City police officer after joining the military at the age of 17.
"Both the career choices I made happen to help people. It's the best of both worlds, I say," he said.
While already committed to the idea of public service, the attacks on the World Trade Center changed things for the then-12-year-old Vasquez.
"I was in social studies class -- go figure, history," Vasquez recalled. "They actually brought the TV into the classroom and explained to us the World Trade Center was hit. At first they thought it was an accident, but then they told us it wasn't. I actually wish I was older, and I had joined right then."
As Americans paused to grieve and unite, he tightened his focus on the future. It was a five-year wait before he met the age requirements for military service and nearly a decade before he realized his dream of joining the New York City Police Department.
The wait and the right to wear the uniforms were worth it, Vasquez said.
"I don't want to sound corny. It's not like Superman or anything like that, but it feels good," he said. "New York is very patriotic. You get a lot of grace and a lot of thanks. It's an awesome feeling."
Not every day is easy. Both jobs come with separation from family, constant stress, and the burden of responsibility. Not all the right choices are clear, Vasquez said.
"You don't know," he said. "Sometimes you just have to make a decision and go with it. That's a trait of being a leader, especially in the Marine Corps where they grow you to become a leader."
Vasquez said he takes it all in stride. The strain is difficult, but it also forges bonds between him and his fellow service members and police officers. Still, the risks are palpable.
"When you put on that uniform for your shift, you don't know if you're coming home," Vasquez said. "You don't know if you'll [experience] a shooting or deliver a baby that day. It's very stressful, and it's every day of your life."
Vasquez balances the stress with an inherent optimism. Whether he's serving as a vehicle commander on a convoy in Afghanistan or working as a patrol officer out of the 47th Precinct, he's upbeat.
It's in his voice every day, a nasal-heavy New York accent even a Midwesterner could appreciate and a snicker-like smile to back it up. On patrol or drenched in sweat inside the sweltering gym at Camp Leatherneck, Vasquez keeps smiling, laughing and joking.
He's the kind of New Yorker who will interrupt the climax of a perfectly good movie to point out the setting is his city. He's got "attitude."
"Not in a bad way," Vasquez said. "I'm very respectful, and I'll respect anyone as long as they respect me."
Vasquez said his family back home worries about him, but their constant support is a source of strength. He said he finds contact with his daughter particularly uplifting.
"She puts a smile on my face," he said, completely dropping his shield of military toughness. "I can see it in her eyes [when we talk online] that she really misses me ... it feels good."
Vasquez also has deployed to South America, Asia, and Iraq. At every turn, he's brought his love for service with him.
"I'm grateful for all the things the military has done for me as well as the things I try to do for the military," Vasquez said. "It's the same thing for the police department. I'm glad I have a career back home I can go to and also help people."
BASEBALL TEAM PAYS BACK WAGES AND DAMAGES FOR VIOLATIONS OF THE FAIR LABOR STANDARDS ACT
FROM: U.S. JUSTICE DEPARTMENT
San Francisco Giants pay employees $545,000 in back wages, damages
US Labor Department finds clubhouse and administrative workers not paid properly
SAN FRANCISCO — The San Francisco Giants baseball team paid $544,715 in back wages and liquidated damages to 74 employees after a U.S. Department of Labor investigation determined that the Major League Baseball club failed to properly pay the workers over a three-year period. As a result of the investigation, MLB and the department are now working to ensure that all teams are aware of and adhere to the requirements of the Fair Labor Standards Act.
Investigators with the department's Wage and Hour Division found violations of the Fair Labor Standards Act's minimum wage, overtime pay and record-keeping provisions. The violations affected a range of employees in the organization at the major and minor league levels, including clubhouse assistants and managers. San Francisco Baseball Associates LLC, the club's ownership group, has entered into an agreement with the department to ensure continued and future compliance with the FLSA.
"We are pleased that the Giants addressed this matter, and it is our hope that other Major League Baseball teams will take a close look at their pay practices to ensure they are in compliance with the law," said Laura Fortman, principal deputy administrator of the Wage and Hour Division. "MLB has agreed to work collaboratively with the department to ensure all MLB teams are in compliance with the FLSA."
Susana Blanco, director of the San Francisco District Office of the Wage and Hour Division, said the case underscores the importance of wage protections: "I am encouraged that the Giants acted to resolve this issue, but it was disappointing to learn that clubhouse workers providing services to high-paid sports stars weren't making enough to meet the basic requirements of minimum-wage law."
During the investigation, the department determined that clubhouse employees were working more hours than were recorded, under an employment agreement required by the club that established a flat rate of pay of $55 for working 5.5 hours per day. However, investigators found that the employees actually worked an average of 12 to 15 hours daily, and the workers received less than the hourly federal minimum wage of $7.25 and were also not paid overtime for hours exceeding 40 in a workweek.
Investigators found the club had improperly classified a number of employees as exempt from overtime pay, including clubhouse managers at the major and minor league levels and video operators at the team's major and minor league affiliates. The non-exempt employees were paid a straight salary and no overtime premium, as required based on their job duties. Additionally, the investigation determined that the club failed to pay overtime or incorrectly calculated overtime pay for administrative staff participating in the Giants' bonus program, in violation of the FLSA.
The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 per hour, as well as time and one-half their regular rates for hours worked over 40 per week. The law also requires employers to maintain accurate records of employees' wages, hours and other conditions of employment, and it prohibits employers from retaliating against employees who exercise their rights under the law. The FLSA provides that employers who violate the law are, as a general rule, liable to employees for back wages and an equal amount in liquidated damages. Liquidated damages are paid directly to the affected employees.
San Francisco Giants pay employees $545,000 in back wages, damages
US Labor Department finds clubhouse and administrative workers not paid properly
SAN FRANCISCO — The San Francisco Giants baseball team paid $544,715 in back wages and liquidated damages to 74 employees after a U.S. Department of Labor investigation determined that the Major League Baseball club failed to properly pay the workers over a three-year period. As a result of the investigation, MLB and the department are now working to ensure that all teams are aware of and adhere to the requirements of the Fair Labor Standards Act.
Investigators with the department's Wage and Hour Division found violations of the Fair Labor Standards Act's minimum wage, overtime pay and record-keeping provisions. The violations affected a range of employees in the organization at the major and minor league levels, including clubhouse assistants and managers. San Francisco Baseball Associates LLC, the club's ownership group, has entered into an agreement with the department to ensure continued and future compliance with the FLSA.
"We are pleased that the Giants addressed this matter, and it is our hope that other Major League Baseball teams will take a close look at their pay practices to ensure they are in compliance with the law," said Laura Fortman, principal deputy administrator of the Wage and Hour Division. "MLB has agreed to work collaboratively with the department to ensure all MLB teams are in compliance with the FLSA."
Susana Blanco, director of the San Francisco District Office of the Wage and Hour Division, said the case underscores the importance of wage protections: "I am encouraged that the Giants acted to resolve this issue, but it was disappointing to learn that clubhouse workers providing services to high-paid sports stars weren't making enough to meet the basic requirements of minimum-wage law."
During the investigation, the department determined that clubhouse employees were working more hours than were recorded, under an employment agreement required by the club that established a flat rate of pay of $55 for working 5.5 hours per day. However, investigators found that the employees actually worked an average of 12 to 15 hours daily, and the workers received less than the hourly federal minimum wage of $7.25 and were also not paid overtime for hours exceeding 40 in a workweek.
Investigators found the club had improperly classified a number of employees as exempt from overtime pay, including clubhouse managers at the major and minor league levels and video operators at the team's major and minor league affiliates. The non-exempt employees were paid a straight salary and no overtime premium, as required based on their job duties. Additionally, the investigation determined that the club failed to pay overtime or incorrectly calculated overtime pay for administrative staff participating in the Giants' bonus program, in violation of the FLSA.
The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 per hour, as well as time and one-half their regular rates for hours worked over 40 per week. The law also requires employers to maintain accurate records of employees' wages, hours and other conditions of employment, and it prohibits employers from retaliating against employees who exercise their rights under the law. The FLSA provides that employers who violate the law are, as a general rule, liable to employees for back wages and an equal amount in liquidated damages. Liquidated damages are paid directly to the affected employees.
U.S. SIGNS MEMORANDUM OF UNDERSTANDING WITH NIGERIA IN ATTEMPT TO ELIMINATE CROSS-BORDER FRAUD
FROM: FEDERAL TRADE COMMISSION
FTC Signs Memorandum of Understanding with Nigerian Consumer Protection and Criminal Enforcement Authorities
Memorandum Provides for Strong Cooperation on Cross-Border Fraud
The Federal Trade Commission signed a memorandum of understanding (MOU) with two Nigerian agencies to increase cooperation and communication in their joint efforts to stamp out cross-border fraud. Nigeria’s Ambassador to the United States, Ambassador Adebowale Adefuye, provided opening remarks for the MOU signing ceremony.
The MOU was signed by FTC Chairwoman Edith Ramirez; Director General Dupe Atoki, of Nigeria’s Consumer Protection Council (CPC); and Executive Chairman Ibrahim Lamorde, of Nigeria’s Economic and Financial Crimes Commission (EFCC). It is the first FTC MOU of this kind to include a foreign criminal enforcement authority. The CPC addresses consumer complaints through investigations and enforcement; the EFCC is a criminal enforcement agency with authority to address consumer fraud and other financial crimes.
Cross-border scammers use fraudulent e-mails and other scams to bilk consumers all over the world, while undermining confidence in legitimate businesses,” said FTC Chairwoman Ramirez. “This MOU will help our agencies better protect consumers in both the U.S. and Nigeria.”
Director Atoki stated that “We fully support this collaboration on consumer and fraud matters, and have already detailed a senior CPC official to the FTC for a six-month staff exchange.” And Executive Chairman Lamorde noted that he “welcomes this partnership, which builds on our existing collaboration with the FTC and with U.S. criminal enforcement authorities.”
The MOU provides for a Joint Implementation Committee to identify concrete areas of collaboration, establish joint training programs and workshops, and provide assistance regarding specific cases and investigations. The MOU is a framework for voluntary cooperation and will not change existing laws in either country.
The FTC has already worked with the two Nigerian agencies on policy and enforcement matters in various fora, including the African Consumer Protection Dialogue, the International Mass Marketing Fraud Working Group, the London Action Plan (LAP, an anti-spam network), and the International Consumer Protection and Enforcement Network.
The Commission vote authorizing Chairwoman Ramirez to sign the MOU on behalf of the agency was 4-0.
As more U.S. companies and consumers do business overseas, more FTC work involves international cooperation. The Office of International Affairs serves both as an internal resource to Commission staff on international aspects of their work and as an official representative to numerous international organizations. In addition, the FTC cooperates with foreign authorities through formal and informal agreements. The FTC works with more than 100 foreign competition and consumer protection authorities around the world to promote sound policy approaches. For questions about the Office of International Affairs, send an e-mail to oia@ftc.gov. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases and the FTC International Monthly for the latest FTC news and resources.
FTC Signs Memorandum of Understanding with Nigerian Consumer Protection and Criminal Enforcement Authorities
Memorandum Provides for Strong Cooperation on Cross-Border Fraud
The Federal Trade Commission signed a memorandum of understanding (MOU) with two Nigerian agencies to increase cooperation and communication in their joint efforts to stamp out cross-border fraud. Nigeria’s Ambassador to the United States, Ambassador Adebowale Adefuye, provided opening remarks for the MOU signing ceremony.
The MOU was signed by FTC Chairwoman Edith Ramirez; Director General Dupe Atoki, of Nigeria’s Consumer Protection Council (CPC); and Executive Chairman Ibrahim Lamorde, of Nigeria’s Economic and Financial Crimes Commission (EFCC). It is the first FTC MOU of this kind to include a foreign criminal enforcement authority. The CPC addresses consumer complaints through investigations and enforcement; the EFCC is a criminal enforcement agency with authority to address consumer fraud and other financial crimes.
Cross-border scammers use fraudulent e-mails and other scams to bilk consumers all over the world, while undermining confidence in legitimate businesses,” said FTC Chairwoman Ramirez. “This MOU will help our agencies better protect consumers in both the U.S. and Nigeria.”
Director Atoki stated that “We fully support this collaboration on consumer and fraud matters, and have already detailed a senior CPC official to the FTC for a six-month staff exchange.” And Executive Chairman Lamorde noted that he “welcomes this partnership, which builds on our existing collaboration with the FTC and with U.S. criminal enforcement authorities.”
The MOU provides for a Joint Implementation Committee to identify concrete areas of collaboration, establish joint training programs and workshops, and provide assistance regarding specific cases and investigations. The MOU is a framework for voluntary cooperation and will not change existing laws in either country.
The FTC has already worked with the two Nigerian agencies on policy and enforcement matters in various fora, including the African Consumer Protection Dialogue, the International Mass Marketing Fraud Working Group, the London Action Plan (LAP, an anti-spam network), and the International Consumer Protection and Enforcement Network.
The Commission vote authorizing Chairwoman Ramirez to sign the MOU on behalf of the agency was 4-0.
As more U.S. companies and consumers do business overseas, more FTC work involves international cooperation. The Office of International Affairs serves both as an internal resource to Commission staff on international aspects of their work and as an official representative to numerous international organizations. In addition, the FTC cooperates with foreign authorities through formal and informal agreements. The FTC works with more than 100 foreign competition and consumer protection authorities around the world to promote sound policy approaches. For questions about the Office of International Affairs, send an e-mail to oia@ftc.gov. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases and the FTC International Monthly for the latest FTC news and resources.
NAVY STUDY LOOKS TO FIND NEW MALARIA VACCINE
FROM: U.S. DEFENSE DEPARTMENT
Navy Study May Lead to Malaria Vaccine
Dana Crudo | Health.mil
August 29, 2013
The Navy made medical history with its release of promising research results that may lead the way to a much-needed malaria vaccine.
The breakthrough research published in the journal Science on Aug. 8 includes results of a human clinical trial of a malaria vaccine developed by the Navy Medical Research Center and federal and industry collaborators. The trial showed 100 percent protection against the disease.
“This is a historical moment in malaria vaccine research development,” said Capt. Judith Epstein, lead investigator of the trial at the Navy Medical Research Center. “For the first time, we and our collaborators have a malaria vaccine approach which has demonstrated the high-level vaccine efficacy required to protect our troops.”
This is no easy feat. The malaria parasite is incredibly complex, making it particularly difficult to develop a vaccine, researchers say.
The Defense Department has been dedicated to solving the malaria riddle since World War II because of its significant impact on U.S. military operations throughout history. Malaria continues to present major challenges to troops in tropical and subtropical regions of the world where it is rampant.
However, malaria is not a problem unique to the military. It is a major global health concern, with the World Health Organization reporting 216 million cases of malaria and an estimated 655,000 deaths in 2010.
Despite the significant need, there currently is no approved vaccine against malaria.
The latest research by the Navy provides hope that a vaccine soon will be available to effectively combat malaria within the military and beyond.
“I see the Navy paving the way to a vaccine which can be used within the next three- to four years for military personnel and for the millions of individuals suffering and dying from malaria worldwide,” Epstein said.
The vaccine used in the clinical trial was given at varied doses by intravenous injection to 40 volunteers from October 2011 to October 2012. Navy researchers played a key role in the design of the study, particularly the assessment of vaccine efficacy and volunteer follow up.
Navy Study May Lead to Malaria Vaccine
Dana Crudo | Health.mil
August 29, 2013
The Navy made medical history with its release of promising research results that may lead the way to a much-needed malaria vaccine.
The breakthrough research published in the journal Science on Aug. 8 includes results of a human clinical trial of a malaria vaccine developed by the Navy Medical Research Center and federal and industry collaborators. The trial showed 100 percent protection against the disease.
“This is a historical moment in malaria vaccine research development,” said Capt. Judith Epstein, lead investigator of the trial at the Navy Medical Research Center. “For the first time, we and our collaborators have a malaria vaccine approach which has demonstrated the high-level vaccine efficacy required to protect our troops.”
This is no easy feat. The malaria parasite is incredibly complex, making it particularly difficult to develop a vaccine, researchers say.
The Defense Department has been dedicated to solving the malaria riddle since World War II because of its significant impact on U.S. military operations throughout history. Malaria continues to present major challenges to troops in tropical and subtropical regions of the world where it is rampant.
However, malaria is not a problem unique to the military. It is a major global health concern, with the World Health Organization reporting 216 million cases of malaria and an estimated 655,000 deaths in 2010.
Despite the significant need, there currently is no approved vaccine against malaria.
The latest research by the Navy provides hope that a vaccine soon will be available to effectively combat malaria within the military and beyond.
“I see the Navy paving the way to a vaccine which can be used within the next three- to four years for military personnel and for the millions of individuals suffering and dying from malaria worldwide,” Epstein said.
The vaccine used in the clinical trial was given at varied doses by intravenous injection to 40 volunteers from October 2011 to October 2012. Navy researchers played a key role in the design of the study, particularly the assessment of vaccine efficacy and volunteer follow up.
Sunday, September 1, 2013
STATEMENT BY HHS SECRETARY SEBELIUS ON OVARIAN CANCER AWARENESS MONTH
FROM: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES,
National Ovarian Cancer Awareness Month 2013
A statement by HHS Secretary Kathleen Sebelius
This year, thousands of American women – our mothers, grandmothers, aunts, daughters, and friends – will die from ovarian cancer. During September, we observe National Ovarian Cancer Awareness Month to recognize those who have died and recommit ourselves to helping the women who are fighting for their health.
Every year, more than 20,000 women in the United States are diagnosed with ovarian cancer, which is the fifth leading cause of cancer death for women and accounts for more than 14,000 deaths a year.
The administration advances scientific research to improve prevention, diagnosis and treatment. When ovarian cancer is found in its early stages, treatment is most effective, but, there is currently no proven method to screen for ovarian cancer in women.
That is why awareness is key to women’s survival. Ovarian cancer often does have signs and symptoms, so it is important to pay attention to your body –to be aware-- and know what is normal for you. If you have vaginal bleeding that is not normal for you, see a doctor right away. Also see your health care provider if you have any of the other signs that are not normal for you, such as pain in the pelvic or abdominal area or bloating, for two weeks or longer.
Know your risk factors. All women are at risk for ovarian cancer, but older women are more likely to get the disease than younger women. There are some factors that may increase your risk, including if you have genetic mutations called BRCA1 or BRCA2, have had certain cancers, breast,uterine,or have never given birth or have had trouble getting pregnant.
Having any of these symptoms or factors does not mean you have or will get ovarian cancer. But you should speak with your health care professional about your risk and whether you need genetic counseling and further examination.
The Affordable Care Act is making health care more accessible and providing important protections for women. Insurers must cover –at no out-of-pocket cost -- an annual well-woman visit, which is a good time for women to discuss their concerns about ovarian cancer with their health care provider. The law also guarantees coverage for genetic counseling and testing for certain women at high risk for ovarian cancer.
Women who are enrolled in Medicare part B can discuss any concerns at the annual wellness visit, which is available without part B coinsurance or satisfying the deductible. We also know that women-- and men -- without insurance are less likely to get the primary health care that they need to get healthy and to catch serious conditions like ovarian cancer in their early and more treatable stage. The good news is for millions of Americans who are uninsured or under-insured, new options for affordable, quality health insurance are around the corner.
In just a few weeks, every state will have an online Health Insurance Marketplace where people can find a plan that fits their budget and needs. Open enrollment starts October 1 for coverage that begins as soon as January 1, 2014. You can find information and updates at HealthCare.gov – and the Spanish-language version at CuidadoDeSalud.gov. Sign up now at either site for a personal account to begin the process.
Also, in 2014, the health law makes it illegal to deny coverage or charge more if a woman has ovarian cancer or other pre-existing condition.
Remember: Being aware of what’s normal for our bodies and having access to quality health care are vital weapons in the fight against ovarian cancer.
Learn more about the risks and symptoms of ovarian and other gynecologic cancers.
See the National Cancer Institute’s What You Need to Know About Ovarian Cancer booklet and check out the Centers for Disease Control and Prevention’s Inside Knowledge: Get the Facts About Gynecologic Cancer campaign and read survivors’ personal stories.
National Ovarian Cancer Awareness Month 2013
A statement by HHS Secretary Kathleen Sebelius
This year, thousands of American women – our mothers, grandmothers, aunts, daughters, and friends – will die from ovarian cancer. During September, we observe National Ovarian Cancer Awareness Month to recognize those who have died and recommit ourselves to helping the women who are fighting for their health.
Every year, more than 20,000 women in the United States are diagnosed with ovarian cancer, which is the fifth leading cause of cancer death for women and accounts for more than 14,000 deaths a year.
The administration advances scientific research to improve prevention, diagnosis and treatment. When ovarian cancer is found in its early stages, treatment is most effective, but, there is currently no proven method to screen for ovarian cancer in women.
That is why awareness is key to women’s survival. Ovarian cancer often does have signs and symptoms, so it is important to pay attention to your body –to be aware-- and know what is normal for you. If you have vaginal bleeding that is not normal for you, see a doctor right away. Also see your health care provider if you have any of the other signs that are not normal for you, such as pain in the pelvic or abdominal area or bloating, for two weeks or longer.
Know your risk factors. All women are at risk for ovarian cancer, but older women are more likely to get the disease than younger women. There are some factors that may increase your risk, including if you have genetic mutations called BRCA1 or BRCA2, have had certain cancers, breast,uterine,or have never given birth or have had trouble getting pregnant.
Having any of these symptoms or factors does not mean you have or will get ovarian cancer. But you should speak with your health care professional about your risk and whether you need genetic counseling and further examination.
The Affordable Care Act is making health care more accessible and providing important protections for women. Insurers must cover –at no out-of-pocket cost -- an annual well-woman visit, which is a good time for women to discuss their concerns about ovarian cancer with their health care provider. The law also guarantees coverage for genetic counseling and testing for certain women at high risk for ovarian cancer.
Women who are enrolled in Medicare part B can discuss any concerns at the annual wellness visit, which is available without part B coinsurance or satisfying the deductible. We also know that women-- and men -- without insurance are less likely to get the primary health care that they need to get healthy and to catch serious conditions like ovarian cancer in their early and more treatable stage. The good news is for millions of Americans who are uninsured or under-insured, new options for affordable, quality health insurance are around the corner.
In just a few weeks, every state will have an online Health Insurance Marketplace where people can find a plan that fits their budget and needs. Open enrollment starts October 1 for coverage that begins as soon as January 1, 2014. You can find information and updates at HealthCare.gov – and the Spanish-language version at CuidadoDeSalud.gov. Sign up now at either site for a personal account to begin the process.
Also, in 2014, the health law makes it illegal to deny coverage or charge more if a woman has ovarian cancer or other pre-existing condition.
Remember: Being aware of what’s normal for our bodies and having access to quality health care are vital weapons in the fight against ovarian cancer.
Learn more about the risks and symptoms of ovarian and other gynecologic cancers.
See the National Cancer Institute’s What You Need to Know About Ovarian Cancer booklet and check out the Centers for Disease Control and Prevention’s Inside Knowledge: Get the Facts About Gynecologic Cancer campaign and read survivors’ personal stories.
RECREATION CENTERS FOR SERVICE MEMBERS, THEIR FAMILIES AND DOD CIVILIAN EMPLOYEES
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| The Hale Koa, on Honolulu's Waikiki Beach, offers tropical gardens, pools and authentic Hawaiian luaus and is the largest of four Armed Forces Recreation Centers operated by the Army. U.S. Army photo |
Recreation Centers Offer Value to Troops, Families
By Donna Miles
American Forces Press Service
WASHINGTON, Aug. 30, 2013 - Fans of the Armed Forces Recreation Centers can breathe a sigh of relief knowing that because the crown jewels of the military's morale, welfare and recreation programs are completely self-supporting, they're unaffected by defense budget cuts and undergoing capital improvements.
The AFRCs have served as centerpieces of the MWR program since the post-World War II era. They were initially established after the war in confiscated German facilities to provide recreational getaways for U.S. forces, Debbie Martin, the Army's chief of hospitality programs, told American Forces Press Service.
Today, the Army operates four AFRCs around the world for all the military services: the Edelweiss Lodge and Resort, in Garmisch, Germany; the Hale Koa Hotel, in Honolulu; Shades of Green, on the grounds of Walt Disney World in Orlando, Florida; and Dragon Hill Lodge, in Seoul, South Korea.
The facilities serve military members and their families, military retirees, and Defense Department civilian employees. Last year alone, 1.7 million guests visited an AFRC, Martin reported.
Make no mistake about it: the AFRCs aren't simply military-run hotels like those found on many installations, she emphasized. They're luxury resorts that cater exclusively to military and Defense Department leisure travelers and their families.
Edelweiss, opened in 2004, is a world-class resort smack in the middle of the Bavarian Alps and Germany's premier ski and summer sports scene. The Hale Koa, on Honolulu's Waikiki Beach, offers an open door to paradise, complete with tropical gardens and pools and regular luaus. Shades of Green, the only AFRC in the continental United States, gives service members and families immediate access to the wonders of Disney World. The Dragon Hill offers an upscale escape in the Land of the Morning Calm, all steps from the excitement and intrigue of downtown Seoul.
All feature exclusive accommodations and fitness facilities, restaurants, lounges and activity desks that can keep guests running from morning to night when they're not simply kicking back and enjoying their surroundings.
"We look for the 'Wow' factor, as do most resorts," Martin said. "We want the military community, not only today, but into the future, to arrive at any one of these resorts and say, 'Wow. This is what the nation does for me and gives me the opportunity to be involved in.'"
For many AFRC guests, the initial attraction is the price. Unlike civilian resorts that must turn a profit to stay in business, AFRCs charge only what they need to cover operating expenses and facility improvements, Martin said. Not a penny of the direct funding comes from appropriated funds, so the facilities are largely sheltered from the budget cuts impacting the Defense Department.
Room rates are based on a sliding scale according to rank, with the most-junior guests paying the least $64 a night for a single room at the Dragon Hill, $79 at the Hale Koa, $86 at the Edelweiss and $95 for a 450-square-foot room that sleeps six at Shades of Green.
For higher-ranking guests, the same rooms go for more, and larger rooms are available at higher prices at some of the facilities to accommodate larger parties.
"The value for your dollar goes much farther at the AFRCs than it would in any resort that would be comparable," Martin said.
That's kept occupancy rates steady, typically at 90 percent or higher at the Hale Koa, Shades of Green and Dragon Hill facilities, she reported. The Edelweiss resort has experienced a recent drop, she said, reflecting force-structure changes in Europe but making it easier than ever before for guests to get a reservation.
While price may draws guests to the AFRCs, Martin said the quality of the accommodations and services provided continue to bring them back. Each resort offers everything service members might expect to find in a luxury resort: swimming pools, gardens, dining choices ranging from fast food to haute cuisine and access to a plethora of entertainment options.
Each facility also has a post exchange on site, a godsend, many guests say, that saves them a bundle when they're vacationing.
"AFRCS offer a blend of the military culture and a resort environment that military members find very, very appealing, not just in terms of price, but also because of the atmosphere," Martin said.
An ambitious recapitalization program is helping to ensure that atmosphere remains for years to come, she said. Shades of Green, for example, opened its expanded post exchange this spring. A major renovation is underway on one of its pools, featuring a "zero entry" ramp to meet the needs of guests in wheelchairs or with other physical limitations. Another pool, known as the "Mickey Pool," will be upgraded within the next year to 15 months to add new child-friendly features, Martin said.
Meanwhile, officials are considering a major renovation of the resort's original wing, which includes about half of its 583 rooms, Martin said.
The Hale Koa, which recently completed a $60-plus million facelift on its Ilima Tower, is in the conceptual stages for a similar effort on its original Maile Tower, she said. Once that's completed, all 817 guest rooms at the largest of the AFRC resorts will have a new face.
"The idea is that you refresh things before they become worn out in the eye of the users," Martin said. "We want to make sure our guests are greeted with something they view as current and fresh -- and that gives them the overall feeling, 'I am in a resort and I am being pampered.'"
Pampering, after all, is what the AFRCs are all about, she said. They offer an opportunity for military members and their families to relax, unwind and reconnect. The benefit, she said, is that they return to their homes and duty stations refreshed and ready to take on whatever challenges the military presents them.
Martin said there's little that makes her feel more satisfied than seeing a military parent and child spend quality time together at an AFRC.
"It is those innocent moments, those special moments that make a lasting impression," she said, not just on the child, but on the parent who will carry those memories to the next deployment.
"That is what we do," Martin said. "We help strengthen that bond that allows folks to get through the things that we as a nation ask them to get through."
HHS ANNOUNCES GUIDANCE ON DEFENSE OF MARRIAGE ACT COURT DECISION
FROM: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
August 29, 2013
HHS announces first guidance implementing Supreme Court’s decision on the Defense of Marriage Act
Today, the Department of Health and Human Services (HHS) issued a memo clarifying that all beneficiaries in private Medicare plans have access to equal coverage when it comes to care in a nursing home where their spouse lives. This is the first guidance issued by HHS in response to the recent Supreme Court ruling, which held section 3 of the Defense of Marriage Act unconstitutional.
“HHS is working swiftly to implement the Supreme Court’s decision and maximize federal recognition of same-sex spouses in HHS programs,” said HHS Secretary Kathleen Sebelius. “Today’s announcement is the first of many steps that we will be taking over the coming months to clarify the effects of the Supreme Court’s decision and to ensure that gay and lesbian married couples are treated equally under the law.”
“Today, Medicare is ensuring that all beneficiaries will have equal access to coverage in a nursing home where their spouse lives, regardless of their sexual orientation,” said Centers for Medicare & Medicaid Services (CMS) Administrator Marilyn Tavenner. “Prior to this, a beneficiary in a same-sex marriage enrolled in a Medicare Advantage plan did not have equal access to such coverage and, as a result, could have faced time away from his or her spouse or higher costs because of the way that marriage was defined for this purpose.”
Under current law, Medicare beneficiaries enrolled in a Medicare Advantage plan are entitled to care in, among certain other skilled nursing facilities (SNFs), the SNF where their spouse resides (assuming that they have met the conditions for SNF coverage in the first place, and the SNF has agreed to the payment amounts and other terms that apply to a plan network SNF). Seniors with Medicare Advantage previously may have faced the choice of receiving coverage in a nursing home away from their same-sex spouse, or dis-enrolling from the Medicare Advantage plan which would have meant paying more out-of-pocket for care in the same nursing home as their same-sex spouse.
Today’s guidance clarifies that this guarantee of coverage applies equally to all married couples. The guidance specifically clarifies that this guarantee of coverage applies equally to couples who are in a legally recognized same-sex marriage, regardless of where they live.
August 29, 2013
HHS announces first guidance implementing Supreme Court’s decision on the Defense of Marriage Act
Today, the Department of Health and Human Services (HHS) issued a memo clarifying that all beneficiaries in private Medicare plans have access to equal coverage when it comes to care in a nursing home where their spouse lives. This is the first guidance issued by HHS in response to the recent Supreme Court ruling, which held section 3 of the Defense of Marriage Act unconstitutional.
“HHS is working swiftly to implement the Supreme Court’s decision and maximize federal recognition of same-sex spouses in HHS programs,” said HHS Secretary Kathleen Sebelius. “Today’s announcement is the first of many steps that we will be taking over the coming months to clarify the effects of the Supreme Court’s decision and to ensure that gay and lesbian married couples are treated equally under the law.”
“Today, Medicare is ensuring that all beneficiaries will have equal access to coverage in a nursing home where their spouse lives, regardless of their sexual orientation,” said Centers for Medicare & Medicaid Services (CMS) Administrator Marilyn Tavenner. “Prior to this, a beneficiary in a same-sex marriage enrolled in a Medicare Advantage plan did not have equal access to such coverage and, as a result, could have faced time away from his or her spouse or higher costs because of the way that marriage was defined for this purpose.”
Under current law, Medicare beneficiaries enrolled in a Medicare Advantage plan are entitled to care in, among certain other skilled nursing facilities (SNFs), the SNF where their spouse resides (assuming that they have met the conditions for SNF coverage in the first place, and the SNF has agreed to the payment amounts and other terms that apply to a plan network SNF). Seniors with Medicare Advantage previously may have faced the choice of receiving coverage in a nursing home away from their same-sex spouse, or dis-enrolling from the Medicare Advantage plan which would have meant paying more out-of-pocket for care in the same nursing home as their same-sex spouse.
Today’s guidance clarifies that this guarantee of coverage applies equally to all married couples. The guidance specifically clarifies that this guarantee of coverage applies equally to couples who are in a legally recognized same-sex marriage, regardless of where they live.
3 PLEAD GUILTY TO BRIBERY OF FOREIGN OFFICIALS, MONEY LAUNDERING AND CONSPIRACY TO OBSTRUCT JUSTICE
FROM: U.S. JUSTICE DEPARTMENT
Friday, August 30, 2013
Three Former Broker-dealer Employees Plead Guilty in Manhattan Federal Court to Bribery of Foreign Officials, Money Laundering and Conspiracy to Obstruct Justice
Three employees of a New York-based U.S. broker-dealer have pleaded guilty for their roles in bribery schemes involving two state economic development banks in Venezuela.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Preet Bharara of the Southern District of New York and Assistant Director in Charge George Venizelos of the New York Office of the FBI made the announcement.
Ernesto Lujan, Jose Alejandro Hurtado and Tomas Alberto Clarke Bethancourt pleaded guilty in New York federal court to conspiring to violate the Foreign Corrupt Practices Act (FCPA), to violate the Travel Act and to commit money laundering, as well as substantive counts of these offenses. These charges relate to a scheme to bribe a foreign official named Maria de los Angeles Gonzalez de Hernandez at Banco de Desarrollo Económico y Social de Venezuela (BANDES), a state economic development bank in Venezuela, in exchange for receiving trading business from BANDES. Lujan, Hurtado and Clarke each also pleaded guilty to an additional charge of conspiring to violate the FCPA in connection with a similar scheme to bribe a foreign official employed by Banfoandes (the “Banfoandes Foreign Official”), another state economic development bank in Venezuela, and to conspiring to obstruct an examination by the U.S. Securities and Exchange Commission (SEC) of the New York-based broker-dealer (the “Broker-Dealer”) where all three defendants had worked, to conceal the true facts of the Broker-Dealer’s relationship with BANDES.
Lujan, 50, and Clarke, 43, entered their guilty pleas yesterday before U.S. Magistrate Judge James C. Francis IV, and Hurtado, 38, pleaded guilty today, also before Judge Francis. The men each pleaded guilty to the same six offenses and face a maximum penalty of five years in prison on each count except money laundering, which carries a maximum penalty of 20 years in prison. Sentencing for Lujan and Clarke is scheduled for Feb. 11, 2014, before U.S. District Judge Paul G. Gardephe. Hurtado is scheduled for sentencing before U.S. District Judge Harold Baer Jr. on March 6, 2014.
According to the informations filed against Lujan, Hurtado and Clarke this week, the criminal complaints previously filed, and statements made during the plea proceedings, Lujan, Clarke and Hurtado worked or were associated with the Broker-Dealer, principally through its Miami offices. In 2008, the Broker-Dealer established a group called the Global Markets Group, which included Lujan, Clarke and Hurtado, and which offered fixed income trading services to institutional clients.
One of the Broker-Dealer’s clients was BANDES, which operated under the direction of the Venezuelan Ministry of Finance. The Venezuelan government had a majority ownership interest in BANDES and provided it with substantial funding. Gonzalez was an official at BANDES and oversaw the development bank’s overseas trading activity. At her direction, BANDES conducted substantial trading through the Broker-Dealer. Most of the trades executed by the Broker-Dealer on behalf of BANDES involved fixed-income investments for which the Broker-Dealer charged the bank a mark-up on purchases and a mark-down on sales.
The Broker-Dealer also conducted business with Banfoandes, another state development bank in Venezuela that, along with its 2009 successor Banco Bicentenario, operated under the direction of the Venezuelan Ministry of Finance. Banfoandes acted as a financial agent of the Venezuelan government in order to promote economic and social development by, among other things, offering credit to low-income Venezuelans. The Banfoandes Foreign Official was responsible for some of Banfoandes’s foreign investments.
Court records state that from early 2009 through 2012, Lujan, Clarke and Hurtado participated in a bribery scheme in which Gonzalez allegedly directed trading business she controlled at BANDES to the Broker-Dealer, and in return, agents and employees of the Broker-Dealer split the revenue the Broker-Dealer generated from this trading business with Gonzalez. During this time period, the Broker-Dealer generated over $60 million in mark-ups and mark-downs from trades with BANDES. Agents and employees of the Broker-Dealer, including Lujan, Clarke and Hurtado, devised a split with Gonzalez of the commissions paid by BANDES to the Broker-Dealer. Emails, account records and other documents collected from the Broker-Dealer and other sources reveal that Gonzalez allegedly received a substantial share of the revenue generated by the Broker-Dealer for BANDES-related trades. Specifically, Gonzalez allegedly received kickbacks and payments from Broker-Dealer agents and employees that were frequently in six-figure amounts.
To further conceal the scheme, the kickbacks to Gonzalez were often paid using intermediary corporations and offshore accounts that she held in Switzerland, among other places. For instance, Lujan, Clarke and Hurtado used accounts they controlled in Switzerland to transfer funds to an account Gonzalez allegedly controlled in Switzerland. Additionally, Hurtado and his spouse received substantial compensation from the Broker-Dealer, portions of which Hurtado transferred to an account allegedly held by Gonzalez in Miami and to an account held by an associate of Gonzalez in Switzerland. Hurtado also sought and allegedly received reimbursement from Gonzalez for the U.S. income taxes he had paid on money that he used to make kickback payments to Gonzalez. Lujan and Clarke also derived substantial profit from their roles in the bribery scheme.
According to court records, beginning in or about November 2010, the SEC commenced a periodic examination of the Broker-Dealer, and from November 2010 through March 2011 the SEC’s examination staff made several visits to the Broker-Dealer’s offices in Manhattan. In early 2011, Lujan, Clarke and Hurtado discussed their concern that the SEC was examining the Broker-Dealer’s relationship with BANDES and asking questions regarding certain emails and other information that the SEC examination staff had discovered. Lujan, Clarke and Hurtado agreed that they would take steps to conceal the true facts of the Broker-Dealer’s relationship with BANDES, including deleting emails. Lujan, Clarke and Hurtado then, in fact, deleted emails. Additionally as part of this effort to obstruct the SEC examination, Clarke lied to SEC examination staff in response to an interview question about his relationship to an individual who had received purported foreign associate payments relating to BANDES.
In a related scheme, from 2008 through mid-2009, Lujan, Clarke and Hurtado paid bribes to the Banfoandes Foreign Official, who, in exchange, directed Banfoandes trading business to the Broker-Dealer.
Gonzalez was charged in a criminal complaint and arrested on May 3, 2013, in connection with the BANDES bribery scheme. The charges against Gonzalez are merely accusations, and she is presumed innocent unless and until proven guilty.
This ongoing investigation is being conducted by the FBI, with assistance from the SEC and the Justice Department’s Office of International Affairs.
Assistant Chief James Koukios and Trial Attorneys Maria Gonzalez Calvet and Aisling O’Shea of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Harry A. Chernoff and Jason H. Cowley of the Southern District of New York’s Securities and Commodities Fraud Task Force are in charge of the prosecution. Assistant U.S. Attorney Carolina Fornos is responsible for the forfeiture aspects of the case.
Friday, August 30, 2013
Three Former Broker-dealer Employees Plead Guilty in Manhattan Federal Court to Bribery of Foreign Officials, Money Laundering and Conspiracy to Obstruct Justice
Three employees of a New York-based U.S. broker-dealer have pleaded guilty for their roles in bribery schemes involving two state economic development banks in Venezuela.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Preet Bharara of the Southern District of New York and Assistant Director in Charge George Venizelos of the New York Office of the FBI made the announcement.
Ernesto Lujan, Jose Alejandro Hurtado and Tomas Alberto Clarke Bethancourt pleaded guilty in New York federal court to conspiring to violate the Foreign Corrupt Practices Act (FCPA), to violate the Travel Act and to commit money laundering, as well as substantive counts of these offenses. These charges relate to a scheme to bribe a foreign official named Maria de los Angeles Gonzalez de Hernandez at Banco de Desarrollo Económico y Social de Venezuela (BANDES), a state economic development bank in Venezuela, in exchange for receiving trading business from BANDES. Lujan, Hurtado and Clarke each also pleaded guilty to an additional charge of conspiring to violate the FCPA in connection with a similar scheme to bribe a foreign official employed by Banfoandes (the “Banfoandes Foreign Official”), another state economic development bank in Venezuela, and to conspiring to obstruct an examination by the U.S. Securities and Exchange Commission (SEC) of the New York-based broker-dealer (the “Broker-Dealer”) where all three defendants had worked, to conceal the true facts of the Broker-Dealer’s relationship with BANDES.
Lujan, 50, and Clarke, 43, entered their guilty pleas yesterday before U.S. Magistrate Judge James C. Francis IV, and Hurtado, 38, pleaded guilty today, also before Judge Francis. The men each pleaded guilty to the same six offenses and face a maximum penalty of five years in prison on each count except money laundering, which carries a maximum penalty of 20 years in prison. Sentencing for Lujan and Clarke is scheduled for Feb. 11, 2014, before U.S. District Judge Paul G. Gardephe. Hurtado is scheduled for sentencing before U.S. District Judge Harold Baer Jr. on March 6, 2014.
According to the informations filed against Lujan, Hurtado and Clarke this week, the criminal complaints previously filed, and statements made during the plea proceedings, Lujan, Clarke and Hurtado worked or were associated with the Broker-Dealer, principally through its Miami offices. In 2008, the Broker-Dealer established a group called the Global Markets Group, which included Lujan, Clarke and Hurtado, and which offered fixed income trading services to institutional clients.
One of the Broker-Dealer’s clients was BANDES, which operated under the direction of the Venezuelan Ministry of Finance. The Venezuelan government had a majority ownership interest in BANDES and provided it with substantial funding. Gonzalez was an official at BANDES and oversaw the development bank’s overseas trading activity. At her direction, BANDES conducted substantial trading through the Broker-Dealer. Most of the trades executed by the Broker-Dealer on behalf of BANDES involved fixed-income investments for which the Broker-Dealer charged the bank a mark-up on purchases and a mark-down on sales.
The Broker-Dealer also conducted business with Banfoandes, another state development bank in Venezuela that, along with its 2009 successor Banco Bicentenario, operated under the direction of the Venezuelan Ministry of Finance. Banfoandes acted as a financial agent of the Venezuelan government in order to promote economic and social development by, among other things, offering credit to low-income Venezuelans. The Banfoandes Foreign Official was responsible for some of Banfoandes’s foreign investments.
Court records state that from early 2009 through 2012, Lujan, Clarke and Hurtado participated in a bribery scheme in which Gonzalez allegedly directed trading business she controlled at BANDES to the Broker-Dealer, and in return, agents and employees of the Broker-Dealer split the revenue the Broker-Dealer generated from this trading business with Gonzalez. During this time period, the Broker-Dealer generated over $60 million in mark-ups and mark-downs from trades with BANDES. Agents and employees of the Broker-Dealer, including Lujan, Clarke and Hurtado, devised a split with Gonzalez of the commissions paid by BANDES to the Broker-Dealer. Emails, account records and other documents collected from the Broker-Dealer and other sources reveal that Gonzalez allegedly received a substantial share of the revenue generated by the Broker-Dealer for BANDES-related trades. Specifically, Gonzalez allegedly received kickbacks and payments from Broker-Dealer agents and employees that were frequently in six-figure amounts.
To further conceal the scheme, the kickbacks to Gonzalez were often paid using intermediary corporations and offshore accounts that she held in Switzerland, among other places. For instance, Lujan, Clarke and Hurtado used accounts they controlled in Switzerland to transfer funds to an account Gonzalez allegedly controlled in Switzerland. Additionally, Hurtado and his spouse received substantial compensation from the Broker-Dealer, portions of which Hurtado transferred to an account allegedly held by Gonzalez in Miami and to an account held by an associate of Gonzalez in Switzerland. Hurtado also sought and allegedly received reimbursement from Gonzalez for the U.S. income taxes he had paid on money that he used to make kickback payments to Gonzalez. Lujan and Clarke also derived substantial profit from their roles in the bribery scheme.
According to court records, beginning in or about November 2010, the SEC commenced a periodic examination of the Broker-Dealer, and from November 2010 through March 2011 the SEC’s examination staff made several visits to the Broker-Dealer’s offices in Manhattan. In early 2011, Lujan, Clarke and Hurtado discussed their concern that the SEC was examining the Broker-Dealer’s relationship with BANDES and asking questions regarding certain emails and other information that the SEC examination staff had discovered. Lujan, Clarke and Hurtado agreed that they would take steps to conceal the true facts of the Broker-Dealer’s relationship with BANDES, including deleting emails. Lujan, Clarke and Hurtado then, in fact, deleted emails. Additionally as part of this effort to obstruct the SEC examination, Clarke lied to SEC examination staff in response to an interview question about his relationship to an individual who had received purported foreign associate payments relating to BANDES.
In a related scheme, from 2008 through mid-2009, Lujan, Clarke and Hurtado paid bribes to the Banfoandes Foreign Official, who, in exchange, directed Banfoandes trading business to the Broker-Dealer.
Gonzalez was charged in a criminal complaint and arrested on May 3, 2013, in connection with the BANDES bribery scheme. The charges against Gonzalez are merely accusations, and she is presumed innocent unless and until proven guilty.
This ongoing investigation is being conducted by the FBI, with assistance from the SEC and the Justice Department’s Office of International Affairs.
Assistant Chief James Koukios and Trial Attorneys Maria Gonzalez Calvet and Aisling O’Shea of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Harry A. Chernoff and Jason H. Cowley of the Southern District of New York’s Securities and Commodities Fraud Task Force are in charge of the prosecution. Assistant U.S. Attorney Carolina Fornos is responsible for the forfeiture aspects of the case.
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