SOME FLOOD VICTIMS DON’T MOVE BACK; THEY MOVE TO HIGHER GROUND

FROM:  FEMA
Photo: West Virginia Flood Aftermath.  Credit:   FEMA
CHARLESTON, W. Va. -- Sometimes it’s unwise to challenge Mother Nature. As West Virginians know all too well, in many areas of the state flash floods are frequent visitors, and an increasing number of homeowners have decided to seek higher ground.

One family in Stollings saw its two-story house inundated time and again by the nearby Guyandotte River. Flood insurance paid for most of the repeated repairs and cleanups, but no policy can make up for the stress of being repeatedly flooded. And as the disasters continue, a vulnerable house inevitably becomes worth less and less.

The Logan County Commission had determined that the flash flooding of 2004 caused enormous damage to many homes in the Stollings neighborhood, and several homeowners chose to take advantage of the Federal Emergency Management Agency’s “buyout” process under the Hazard Mitigation Grant Program. After the flood of May, 2007, the family also decided it was time to move and accepted the county’s buyout offer.

These projects are normal real-estate transactions. Homeowners are paid fair market value for their homes as calculated before the damage occurred. Once the property is purchased, the structures are removed and the property becomes public open space or green space. It can never be developed or sold to private parties. It can be used as a public park, can be leased for agricultural use, but no structures of any kind can be erected thereon.

The Buyout program is completely voluntary on the part of the property owner and the community. Buyout, or “acquisition,” projects are administered by the state and local communities, be they towns or counties. While FEMA shoulders 75 percent of the costs, it does not buy houses directly from the property owners.

The property owners do not apply to the state for buyouts, but the community may sponsor applications on their behalf. Those applications are prepared by the communities with the input of homeowners whose properties have suffered heavy damage. The applications are completed after the state has advised the community of any state priorities or special restrictions. The state and community work together to identify where buyouts would make the most sense.

The state then submits whatever applications they deem appropriate for action for FEMA’s review, which ensures the rules are being followed, the environment is protected and the buyouts would be a cost-effective use of funds.

If and when FEMA approves the purchase, the community begins to acquire the property. The actual transaction is done by the community or the county. FEMA warns that the process is not quick. The whole buyout process from the day of the disaster to the property settlement can take up to two years.

The family in Stollings has now moved to safer ground. The house is gone and the property is an empty, grassy open space. When the floods hit Logan County in March of this year, this property had no house left to damage or destroy, and the open spaces where houses once sat helped reduce flooding downstream.

FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover

JOINT STATEMENT U.S.-PHILIPPINES MINISTERIAL DIALOGUE

FROM:  U.S. DEPARTMENT OF STATE
Joint Statement of the United States-Philippines Ministerial Dialogue
Media Note Office of the Spokesperson Washington, DC
April 30, 2012

The U.S.-Philippines Alliance: Charting a Course Forward
Following is the text of a joint statement by the United States of America and the Republic of the Philippines issued on April 30, 2012, in Washington, D.C.

I. Preamble
The U.S.-Philippines alliance is stronger than ever, reflecting the deep and abiding ties linking our two nations and forged through a history of shared sacrifice and common purpose. Seventy years ago this month, thousands of U.S. and Filipino troops served together in defense of our last strongholds at Corregidor and Bataan. Later, when we signed our Mutual Defense Treaty in 1951, we united against the spread of communism. Today, Americans and Filipinos are inextricably bound by common values and shared aspirations, including a commitment to democracy and the rule of law, building a robust economic partnership, and deepening people-to-people ties.

Our alliance remains an anchor for peace, stability, and prosperity in the Asia-Pacific region. With this in mind, our Ministers meet today in Washington to reaffirm the Manila Declaration signed by our governments on November 16, 2011 and to ensure that our alliance remains robust, agile, and responsive in order to meet changing global and regional dynamics. Our consultations seek to address common strategic and security objectives, promote economic cooperation, advance people-to-people ties, and enshrine principles of good governance and the rule of law.

The Ministers reaffirm our shared obligations under the Mutual Defense Treaty and our mutual commitment to the peace and security of the region.

II. Common Strategic Objectives
The United States and the Republic of the Philippines articulate the following shared objectives characterizing our collective and individual engagements in the Asia-Pacific region:
Enhance peace, security, and prosperity in the Asia-Pacific.

Support efforts to increase cooperation in the Association of Southeast Asian Nations (ASEAN), the ASEAN Regional Forum (ARF), the ASEAN Defense Ministers’ Meeting-Plus (ADMM+), the Asia Pacific Economic Cooperation (APEC), and the East Asia Summit (EAS).

· Reaffirm our common interest in maintaining freedom of navigation, unimpeded lawful commerce, and transit of people across the seas and subscribe to a rules-based approach in resolving competing claims in maritime areas through peaceful, collaborative, multilateral, and diplomatic processes within the framework of international law, including as reflected in the UN Convention on the Law of the Sea.

Recognizing the outstanding contributions of the Philippines as the ASEAN country coordinator for the United States since 2009, ensure a smooth transition as Burma assumes this role in July.

Strengthen bilateral and regional cooperation on humanitarian and disaster relief preparedness activities and enhancing combined capabilities in responding to natural disasters.

Support expanded regional counterterrorism cooperation through intelligence sharing and coordination of surveillance and interdiction efforts.

Encourage the efforts at the regional and international levels including the East Asia Summit to promote nuclear disarmament, nuclear non-proliferation, and peaceful uses of nuclear energy. We agreed that we should continue to work together to ensure compliance and implementation of relevant United Nations non-proliferation commitments and to pursue cooperation through multilateral mechanisms.

Reduce all types of environmental degradation including illegal fishing, deforestation, poaching of endangered species, climate change, and destruction of coral reefs.

Cooperate in the prevention and eradication of piracy.

III. Security Partnership
The United States and the Republic of the Philippines reaffirm our shared obligations under the Mutual Defense Treaty, which remains the foundation of the U.S.-Philippines security relationship. In seeking to enhance our security cooperation, we intend to do the following:
Continue to hold discussions through the Bilateral Strategic Dialogue Defense Working Group and the Mutual Defense Board-Security Engagement Board on further enhancing the defense and security aspects of our alliance on the basis of reciprocity and mutual benefit, in accordance with both countries’ domestic laws and constitutional processes, and the Mutual Defense Treaty, the Agreement Relating to Military Assistance, the Mutual Logistics Support Agreement and the Agreement Regarding the Treatment of United States Armed Forces Visiting the Philippines (Visiting Forces Agreement).

Jointly explore modalities for strengthening the defense capabilities of the Philippines in order to establish a minimum credible defense posture through robust cooperative security assistance programs.

Affirm that our respective military forces should be prepared to respond in a timely and effective way to the range of contingencies that may arise in our region, including humanitarian assistance and disaster relief, and should be able to work with the armed forces of regional partners.

Ensure that our collective defense capabilities and communications infrastructure are operationally and materially capable of countering the full spectrum of traditional and non-traditional threats.

Cooperate on building the Philippines’ maritime security presence and capabilities and strengthening its maritime domain awareness in order to contribute to national defense and enhanced regional security related to issues such as illegal fishing, transnational crime, and natural disasters. To that end, the United States intends to transfer a second High Endurance cutter to the Philippines this year.

Review joint exercises and training activities and afford priority to those that have high value and great impact with regard to our common objectives, such as but not limited to maritime security.

Continue our joint counterterrorism efforts, including through U.S. non-combat support to the Philippine security services in combating al-Qaida-linked terrorist groups in the southern Philippines.
Continue joint training and exercises such as the recently completed Exercise Balikatan 2012 to enhance force interoperability.

Support the National Coast Watch System and work to expand joint intelligence, surveillance, and reconnaissance (ISR) activities to deter and respond proactively, rapidly, and seamlessly to various situations in the region.

Enhance cooperation in information sharing in a timely manner particularly during emergent situations, and work towards establishing appropriate mechanisms for this purpose.

Maintain our cooperation with respect to the protection of cyberspace. Enhance the resilience of critical infrastructure to counter cyber threats.

Strengthen cooperation and participation in United Nations peacekeeping operations.

IV. Burgeoning Economic Relationship
The United States and the Republic of the Philippines are long-standing economic partners that share a mutual commitment to free trade, economic opportunity, and poverty reduction. We intend to work together to deepen and enhance our bilateral economic relationship through the following:
 Reaffirm the Partnership for Growth Joint Statement of Principles signed in Manila on November 16, 2011 and seek to mobilize a broad range of US and Philippine entities within and outside our governments to achieve a more accelerated, sustained, and inclusive growth path for the Philippines.

Endeavor to increase bilateral trade and investment through continuing our Trade and Investment Framework Agreement discussions, among other efforts.

Note our shared desire to continue discussing the Philippines’ interest in eventually joining the Trans-Pacific Partnership (TPP) trade agreement. Seek to support cooperative activities that promote readiness in key areas, including mutually beneficial legislative measures that may serve as building blocks to the TPP.

Continue implementation of the five-year, $434 million (USD) Millennium Challenge Corporation compact between the United States and the Philippines in order to reduce poverty, promote inclusive economic growth, and create new opportunities for the Filipino people.

Reaffirm the U.S.-Philippines customs and trade facilitation agreement signed during the 2011 APEC summit in Honolulu.

Support programs to increase tourism exchanges between the two countries, and identify and address obstacles to more vibrant tourist exchanges.

V. Mutual Commitment to Government Transparency and the Rule of Law
Our nations are committed to principles enshrined in the Universal Declaration of Human Rights, the UN Convention against Corruption, and other applicable international instruments related to human rights and good governance.
As joint steering committee members of the Open Government Partnership, we support a set of common principles guiding the relationship between governments and their citizenry. We support continued efforts to promote greater government transparency and the rule of law.

Among other measures, we intend to promote the establishment of a National Justice Information System for the Philippines, an integrated criminal justice database system that will facilitate the efficient recording, monitoring, tracking and reporting of crimes, cases, offenders, and victims.
We also intend to continue our close cooperation in countering the global scourge of trafficking in persons.

VI. Conclusion
The U.S.-Philippines alliance remains an essential element undergirding regional peace, security, and prosperity. As our nations reflect on the strength and durability of our alliance, we also look to enhance our relationship in order to address even more effectively the range of regional challenges and opportunities that are of interest to both our governments. Both nations therefore resolve to continue our regular consultation and coordination on these issues.

Cyberbullying

Cyberbullying

U.S. NAVY AND COAST GUARD WORK TO PREVENT NARCOTICS FROM ENTERING U.S.

FROM:  U.S. NAVY
CARIBBEAN SEA (April 21, 2012) U.S Navy and Coast Guard personnel assigned to the guided-missile frigate USS Elrod (FFG-55) pick up bales of narcotics April 21, 2012 during recovery operations in the Caribbean Sea. Joint service operatives prevent the flow of narcotics into the U.S.(U.S. Army photo by Spc. Andy Barrera/Released)

SEC CHARGES ATTORNEY IN MBC'S $1 BILLION DOLLAR OFFERING FRAUD

FROM:  U.S SECURITIES AND EXCHANGE COMMISSION  
April 30, 2012
The Securities and Exchange Commission announced today that it filed a complaint against Defendant Michael J. McNerney, charging him with violations of the federal securities laws arising from his involvement in Mutual Benefits Corp.’s (“MBC”) offering fraud which raised more than $1 billion from approximately 29,000 investors. From 1995 through at least May 2004, McNerney served as primary securities regulatory counsel for MBC. The complaint alleges thatin this role, he helped conceal the fraud, met with investors, and supervised the filing of false reports with state regulators. The Commission’s complaint charges McNerney with aiding and abetting MBC’s violations of Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934. The Commission seeks permanent injunctive relief against McNerney, who has consented to the entry of Final Judgment providing for full injunctive relief.

In addition to the civil action against McNerney, the Commission simultaneously issued an Order pursuant to Rule 102(e)(2) of the Commission’s Rules of Practice forthwith suspending McNerney from appearing or practicing before the Commission based on the entries of a felony conviction against him. On August 26, 2011, the Honorable Adalberto Jordan, United States District Judge for the Southern District of Florida, sentenced McNerney to 5 years in prison, followed by three years of supervised release, and ordered him to pay restitution, along with his co-conspirators, in the amount of $826,839,642.

On May 3, 2004, the Commission first halted the on-going fraud at MBC when it filed a contested emergency civil enforcement action against MBC and its principals. In its complaint, the Commission alleged that the defendants raised over $1 billion from thousands of investors through a fraudulent, unregistered offering of securities in the form of fractionalized interests in viatical and life settlements. The Commission obtained a restraining order to halt the alleged fraud at MBC, and thereafter the United States District Court for the Southern District of Florida appointed a receiver to identify and trace the assets of MBC.

The Commission’s actions regarding MBC have resulted in nine injunctions and other relief against nine defendants and eight relief defendants, and orders to pay disgorgement and civil penalties totaling $30 million. In addition, the United States Attorney’s Office for the Southern District of Florida has charged 12 defendants in criminal actions for their roles in the fraud.

The SEC acknowledges the work of the United States Attorney’s Office for the Southern District of Florida, the Federal Bureau of Investigation, Miami Field Office, and the Internal Revenue Service, Criminal Investigation Division in this matter.

THE BATTERED EARTH: WHAT THE UNIVERSE DID TO HER

FROM:  NASA

NASA SCIENTISTS FIND HISTORY OF ASTEROID IMPACTS IN EARTH ROCKS

WASHINGTON -- Research by NASA and international scientists concludes 
giant asteroids, similar or larger than the one believed to have 
killed the dinosaurs, hit Earth billions of years ago with more 
frequency than previously thought. 

To cause the dinosaur extinction, the killer asteroid that impacted 
Earth 65 million years ago would have been almost 6 miles (10 
kilometers) in diameter. By studying ancient rocks in Australia and 
using computer models, researchers estimate that approximately 70 
asteroids the same size or larger impacted Earth 1.8 to 3.8 billion 
years ago. During the same period, approximately four similarly-sized 
objects hit the moon. 

"This work demonstrates the power of combining sophisticated computer 
models with physical evidence from the past, further opening an 
important window to Earth's history," said Yvonne Pendleton, director 
of NASA's Lunar Science Institute (NLSI) at NASA's Ames Research 
Center at Moffett Field, Calif. 

Evidence for these impacts on Earth comes from thin rock layers that 
contain debris of nearly spherical, sand-sized droplets called 
spherules. These millimeter-scale clues were formerly molten droplets 
ejected into space within the huge plumes created by mega-impacts on 
Earth. The hardened droplets then fell back to Earth, creating thin 
but widespread sedimentary layers known as spherule beds. 
The new findings are published today in the journal Nature. 

"The beds speak to an intense period of bombardment of Earth," said 
William Bottke principal investigator of the impact study team at the 
Southwest Research Institute (SwRI) in Boulder, Colo. "Their source 
long has been a mystery." 

The team's findings support the theory Jupiter, Saturn, Uranus and 
Neptune formed in different orbits nearly 4.5 billion years ago, 
migrating to their current orbits about 4 billion years ago from the 
interplay of gravitational forces in the young solar system. This 
event triggered a solar system-wide bombardment of comets and 
asteroids called the "Late Heavy Bombardment." In the paper, the team 
created a model of the ancient main asteroid belt and tracked what 
would have happened when the orbits of the giant planets changed. 
They discovered the innermost portion of the belt became destabilized 
and could have delivered numerous big impacts to Earth and the moon 
over long time periods. 

At least 12 mega-impacts produced spherule beds during the so-called 
Archean period 2.5 to 3.7 billion years ago, a formative time for 
life on Earth. Ancient spherule beds are rare finds, rarer than rocks 
of any other age. Most of the beds have been preserved amid mud 
deposited on the sea floor below the reach of waves. 

The impact believed to have killed the dinosaurs was the only known 
collision over the past half-billion years that made a spherule layer 
as deep as those of the Archean period. The relative abundance of the 
beds supports the hypothesis for many giant asteroid impacts during 
Earth's early history. 

The frequency of the impacts indicated in the computer models matches 
the number of spherule beds found in terrains with ages that are well 
understood. The data also hint at the possibility that the last 
impacts of the Late Heavy Bombardment on Earth made South Africa's 
Vredefort crater and Canada's Sudbury crater, both of which formed 
about 2 billion years ago. 

"The Archean beds contain enough extraterrestrial material to rule out 
alternative sources for the spherules, such as volcanoes," said Bruce 
Simonson, a geologist from Oberlin College in Oberlin, Ohio. 

The research was funded by NLSI and conducted by members or associates 
of NLSI's Center of Lunar Origin and Evolution, based at SwRI. 

The impact study team also includes scientists from Purdue University 
in West Lafayette, Ind.; Charles University in Prague, Czech 
Republic; Observatorie de la Cote d'Azur in Nice, France; and 
Academia Sinica in Taipei, Taiwan. 

NSF REPORTS NEW MODEL FOR DEEP-WATER OIL SPILLS

FROM:  NATIONAL SCIENCE FOUNDATION
Photo:  Deepwater Horizon on fire.  Credit:  U.S. Coast Guard
Gulf Oil Spill: Scientists Develop New Model for Deep-water Oil Spills
April 20, 2012
On the second anniversary of the Deepwater Horizon blowout, a panel of researchers is offering a new model for understanding what happened in the disaster, how to think of such events in the future, and why existing tools were inadequate to fully predict what lay ahead.

The May issue of the journal BioScience published the findings by the members of the University of California, Santa Barbara's National Center for Ecological Analysis and Synthesis Gulf Oil Spill Ecotox Working Group.

Many of the co-authors received rapid-response and other funding from the National Science Foundation (NSF) to conduct research in the Gulf of Mexico after the spill.
"The paper offers important new thoughts on how we might respond to future environmental disasters of this magnitude," said David Garrison, program director in NSF's Division of Ocean Sciences, which, along with NSF's Divisions of Environmental Biology, Earth Sciences and others funds Gulf oil spill research.

"This synthesis sheds new light on the nature of spills and the potential, generally unappreciated, of subsurface ecological effects," adds Henry Gholz, program director in NSF's Division of Environmental Biology.

The old model assumed that oil would "simply float up to the surface and accumulate there and along the coastline," said article co-author Sean Anderson of California State University Channel Islands.

"That model works well for pipeline breaks and tanker ruptures, but it is inadequate for this novel type of deep blowout."

The 2010 Deepwater Horizon spill in the Gulf of Mexico was unlike any other spill science and society had encountered.

The well blowout occurred at unprecedented depths and released enormous quantities of oil--an estimated 4.9 million barrels, or 206 million gallons.

Marine and wildlife habitats suffered major damage which, the co-authors say, continues to happen today, out of sight.  Local economies and livelihoods suffered as well.
According to the paper's authors--ecotoxicologists, oceanographers and ecologists who convened under the auspices of NCEAS while the spill was active--the response to clean up and contain the oil followed a certain framework.

That framework assumed the oil's behavior would mimic the more familiar shallow-water and surface spills, despite the fact that the dynamics, fate and effect of deep-water oil on ecosystems are not well understood.

"As the Deepwater Horizon spill unfolded, you would hear folks saying things like 'we all know what happens when oil and water mix; the oil floats,'" said Anderson.
"But that wasn't the whole story. And that oversimplification initially sent us down an incorrect path with assumptions and actions that were not the best possible use of our time and effort."

As they synthesized existing knowledge to anticipate the potential ecotoxicological effects of the spill and highlighted major gaps in scientific understanding, the scientists created the first complete conceptual model for understanding both theDeepwater Horizon spill and analogous disasters in the future.

The new model accounts for how deep-water oil spills unfold and where the resulting ecological effects accrue.

It also emphasizes that the vast majority of the oil is retained at depth--rapidly emulsified and dispersed due to the physics of the pressurized oil jetting from the tip of the wellbore--and, among other response actions, calls into question the efficacy of dispersants.

"We have generally hailed the use of [chemical] dispersants as helpful, but are basing this on the fact that we seemed to have kept oil from getting to the surface," said co-author Gary Cherr of the University of California, Davis Bodega Marine Lab.

"The truth is that much of this oil probably was staying at depth independent of the amount of surfactants we dumped into the ocean.
"And we dumped a lot of dispersants into the ocean, all told approximately one-third the global supply."

Co-author Ron Tjeerdema, an environmental toxicologist at UC Davis, concurs.
"The problem is that we must address the downside of such compounds, particularly in light of the fact that the upside probably was not as great as it seemed at the time," he said.

Armed with a new foundation for research and policy implications, the scientists are calling for further investigation on the long-term effects of deep-water oil spills like that of theDeepwater Horizon.
"We now have a sense that the bulk of the effects were probably in the mid-water and deep ocean," said the paper's lead author, Charles "Pete" Peterson of the University of North Carolina - Chapel Hill.

"We need an integrated collaboration among deep-water explorers, modelers, ecotoxicologists, microbial ecologists and others. All working together in unprecedented ways.
"We need a whole new type of marine ecology."

THE UNDERWATER ROBOT COMPETITION

FROM:  DEPARTMENT OF DEFENSE ARMED WITH SCIENCE 
Underwater Robot Face Off
With a national title on the line, student teams from across the country are competing with their underwater robots in the Office of Naval Research (ONR)-funded championship in Manassas Park, Va.

The 2012 National SeaPerch Challenge brings top teams from middle and high school together to compete with the underwater robots they’ve built as part of a curriculum designed to boost their skills and interest in science, technology, engineering and mathematics (STEM).

The SeaPerch program is an initiative under the Department of the Navy’s STEM Coordination Office, which facilitates outreach efforts across the service. The chief of naval research, Rear Adm. Matthew Klunder, presented awards to winning teams.
“SeaPerch provides an affordable entry point for underwater robotics, and, from there, directional arrows to other science and engineering competitions and internships—it’s an easy-to-follow ‘yellow brick road’ approach,” said Kelly Cooper, program officer, ONR Sea Platforms and Weapons division. “The goal is to expand student awareness and encourage them to pursue STEM education and careers.”

The competition challenges are designed to reflect Navy-relevant operations. This year, the 70 teams are competing in two events: an obstacle course and a salvage operation. Both take place in a community center indoor pool.

For the obstacle course, teams must navigate through 24-inch rings—which may be oriented in any direction—surface, re-submerge and return through the course. The salvage operation involves five 5-gallon buckets inverted on the pool’s bottom, which each team must float to the surface and then bring poolside.

SeaPerch gives teachers and students the resources they need to build an underwater remotely operated vehicle (ROV) from a kit made up of low-cost, easily accessible parts, following a curriculum that teaches basic engineering and science concepts with a marine engineering theme. The objective is that students will build STEM, problem-solving and teamwork skills.

NASA TESTS NEW SPACE TELESCOPE

FROM:  NASA
Several critical items related to NASA's next-generation James Webb Space Telescope currently are being tested in the thermal vacuum test chamber at NASA's Goddard Space Flight Center, Greenbelt, Md. This image shows the Optical Telescope Element Simulator, or OSIM, wrapped in a silver blanket on a platform, being lowered into the Space Environment Simulator vacuum chamber via crane to be tested to withstand the cold temperatures of space. Image Credit: NASA/Chris Gunn

U.S. BELIEVES AL-QAIDA IS STILL MAJOR THREAT

FROM:  AMERICAN FORCES PRESS SERVICE

Al-Qaida Offshoots Are Biggest Terror Threat, Official Says

By Jim Garamone

WASHINGTON, April 29, 2012 - Core Al-Qaida – the group led by Osama bin Laden – has been surpassed by its affiliates as the biggest terrorist threat to the United States, a senior intelligence official said.

"With bin Laden's death, the global jihadist movement lost its most iconic, most effective and most inspirational leader," Robert T. Cardillo, deputy director for intelligence integration with the Office of the Director of National Intelligence, told reporters in an April 27 conference call.

Bin Laden's death allowed al-Qaida second-in-command Ayman al Zawahiri to move up, but he has not changed the group's strategic direction and does not have the charisma to appeal to new recruits, Cardillo said.

Navy SEALs killed bin Laden in Pakistan during an intelligence-driven operation on May 2, 2011.

The al-Qaida offshoots – al-Qaida in the Arabian Peninsula, al-Shabob in Somalia, al-Qaida in the Mahgreb – "will surpass the core al-Qaida remaining in Pakistan," Cardillo said. "Each group will seek opportunities to strike Western interests in its operating area, but each group will have different intent and opportunity to execute those plans."

The "Arab Spring" uprisings that began last year have influenced the jihadist movement, the deputy director said. "The unrest and reduced security provides terrorists inspired by that movement more operating space as security services focus more on internal security and regime stability," he said.

As new Middle East leaders address public demands for their participation in government, "we assess that core al-Qaida and the jihadist movement will suffer a strategic setback in that the Arab Spring strikes at the very core of their jihadist narrative," he said.

Al-Qaida believes in progress by violence, but the elections in Tunisia, Egypt, Yemen and the up-coming election in Libya rebuke that assertion, Cardillo said.

"However, prolonged instability or unmet promises by these new governments ... would give al-Qaida, its affiliates and its allies more time to establish networks, gain support and potentially engage in operations," he said.

FEDERAL COURT ORDER SETTLES $85 MILLION FOREX FRAUD ACTION

FROM:  COMMODITY FUTURES TRADING COMMISSION
Federal Court Enters Order Settling CFTC $85 Million Forex Fraud Action against California Resident Peter Son and his Companies SNC Asset Management, Inc. and SNC Investments, Inc.

Defendants ordered to pay $5 million civil monetary penalty
Son pleaded guilty to federal charges in related criminal action and was sentenced to 180 months in prison and ordered to pay over $60 million in restitution
Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) obtained a federal court supplemental consent order requiring defendants Peter Son (Son) of Danville, Calif., and his companies, SNC Asset Management, Inc., and SNC Investments, Inc., to pay a $5 million civil monetary penalty. The court also ordered Son’s wife, relief defendant Ann Lee (Lee), to disgorge $300,000 of ill-gotten gains. The court’s supplemental consent order, entered on April 19, 2012, by Judge Maxine M. Chesney of the U.S. District Court for the Northern District of California, resolves a CFTC complaint that charged the defendants with operating an $85 million fraudulent foreign currency (forex) scam. The CFTC complaint named Lee as a relief defendant because she received monthly funds as purported wages, although she performed no services for SNC.

The supplemental consent order recognizes that an order of restitution in excess of $60 million was imposed on Son in a related criminal action. The supplemental order follows a consent order of permanent injunction entered by the court on May 13, 2011, which established the defendants’ liability, and permanently barred the defendants from engaging in certain commodity-related activities and from future registration with the CFTC, among other things.

According to the May 13, 2011, consent order, the defendants fraudulently solicited at least $85 million from at least 500 customers to trade forex. The defendants in their solicitations falsely claimed to be operating successful forex trading firms and guaranteed monthly returns generated by their trading, the order finds. These representations, and subsequent fictitious account statements depicting profitable returns on individual accounts, created the false impression that the defendants were trading forex profitably, the order finds. At best, however, only a small percentage of the $85 million solicited was traded and the defendants’ limited trading resulted in overall losses, according to the order.

Rather than trade on behalf of customers, the defendants misappropriated customer funds to pay purported profits and principal to customers, to pay money to Son’s wife, and for personal expenses such as mortgage payments, country club dues, and homeowner dues, the order finds.

On April 9, 2010, in a related criminal action, Son pleaded guilty to conspiracy to commit wire fraud and conspiracy to commit money laundering (United States v. Peter C. Son, No. CR 09-00755 DLJ (N.D. Cal. filed July 27, 2009)).  On July 30, 2010, Son was sentenced to 180 months in prison.  On October 25, 2011, Son was ordered to pay restitution of $60,302,886.59 as part of the criminal judgment.

The CFTC appreciates the assistance of the National Futures Association, the US Attorney for the Northern District of California, the Securities and Exchange Commission, and the Financial Supervisory Service of Korea.

CFTC Division of Enforcement staff members responsible for this case are Timothy M. Kirby, Brian G. Mulherin, Kevin K. Batteh, Kara Mucha, Gretchen L. Lowe, and Vincent A. McGonagle.

U.S. DEPARTMENT OF JUSTICE WARNING ABOUT BUYING MEDICATIONS ONLINE

FROM:  U.S. DEPARTMENT OF JUSTICE
The Real Cost of Cheap Online Meds
April 26th, 2012 Posted by Tracy Russo
The following post appears courtesy of Stuart Delery, the Acting Assistant Attorney General for the Justice Department’s Civil Division.
If you are like most people, you probably think intellectual property (IP) is an abstract business or legal concept that does not affect you. But if you are one of the estimated 36 million Americans — and growing — who purchase medication through online
pharmacies, IP may be protecting you from unknowingly gambling with your own health.
Online pharmacies are prolific. And appealing. For the many Americans who do not have health insurance or cannot afford certain medications, the Web seems to offer a cheaper alternative. Many of these sites are designed to appear legitimate, often featuring a picture of smiling pharmacist in a white lab coat or claiming to be based in Canada.

But these sites often are not what they seem. Neither are the drugs they sell.
The World Health Organization estimates that more than half of drugs sold online are counterfeit. This means that these drugs are designed and packaged to look exactly like medicine you know and trust — medicine which required years of research and development, went through a stringent approval process, and was manufactured by trained professionals. These counterfeit drugs lack those safeguards; they aren’t made in quality-controlled laboratories, but in hidden rooms with unsanitary conditions. In order to replicate the look of legitimate drugs, they bear shockingly sophisticated labels and packaging, down to the serial numbers on blister packs and holograms. If that seems like a lot of trouble to go through, one need only look at the revenue for counterfeit pharmaceuticals worldwide to understand why — fake drugs raked in an estimated $75 billion last year.

All of us are looking for quality medicines at a better price. But these counterfeit pharmaceutical websites are run by criminals who trade on your trust of approved medicines and the quality assurances you have come to expect from them.

Take the case of Hazim Gaber, who ran an online pharmacy selling a highly-sought after cancer drug, DCA. Or so his customers thought. The pills these cancer patients received in the mail contained nothing more than starch, dextrin and lactose. For good measure, each shipment included a fraudulent certificate of analysis from a fictitious laboratory.

The medicine Gaber sold was useless. But, more often, counterfeit medications are actually harmful. More typical of a hardware store than a pharmacy, these products often include chemicals you might not even want in your house, let alone your body — toxins like rat poison, highway paint, floor wax, and boric acid. As just one example, customers have received ‘Xanax’ pills containing a substance used to manufacture sheetrock.

IP protections are a critical tool in protecting Americans from this threat. IP is not simply about downloading music or billion dollar fights over microchips. It is about making sure what you buy is actually what it claims to be.

That is why the Department of Justice is working hard to fight these criminal counterfeiters. Established by Attorney General Holder, our department-wide IP Task Force is working to combat the growing number of IP crimes, strengthening IP protections through heightened civil and criminal enforcement, greater coordination with state and local law enforcement and, because we know we cannot fight this within our borders alone, increased focus on international enforcement efforts. As part of that initiative, within the Civil Division, we have formed a team of attorneys dedicated to handling counterfeit pharmaceutical cases, particularly those trafficked over the Internet. Working with U.S. Attorneys’ Offices, the Department of Homeland Security, the FBI, and many other partners, we are succeeding in safeguarding IP rights and protecting consumers’ safety.

And, thanks to the Department’s efforts, criminals like Gaber are off the Internet and behind bars.

Most importantly, we are working to educate consumers about how they can protect themselves. A recent study showed that fewer than 11% of online pharmacy sites ask for a prescription. Before you purchase any medicines online, make sure the site (1) requires a prescription; (2) provides its name and address; and (3) has a licensed pharmacist you can actually speak to. With your help, we can keep patients safe, protect legitimate businesses, and keep products like rat poison and highway paint where they belong – far away from our medicine cabinets.
Stuart F. Delery
Washington, D.C.

U.S. AND JAPAN AGREE ON TROOP RELOCATION TO GUAM

Seabees with U.S. Naval Mobile Construction Battalion (NMCB) 1, Guam Det., and the 30th Naval Construction Regiment examine the Orote Point rock quarry on board Naval Base Guam.
Photos:  U.S. Navy

FROM:  AMERICAN FORCES PRESS SERVICE
U.S., Japan Agree on Okinawa Troop Relocation
By Karen Parrish
WASHINGTON, April 27, 2012 - U.S. and Japanese officials announced yesterday the two nations have agreed on a plan to relocate U.S. Marines from Okinawa to Guam.
The joint statement of the U.S.-Japan Security Consultative Committee spells out unit moves, land and facilities on Okinawa the United States will return to the Japanese government, and the costs each government will pay for the relocation.

The joint statement is the latest result of negotiations between the two countries dating to the 2006 Realignment Roadmap and the 2009 Guam International Agreement. The two nations issued a joint defense posture statement in February that "delinked" the two agreements so parts of the relocation plan could move forward more quickly.
"I am very pleased that, after many years, we have reached this important agreement and plan of action," Defense Secretary Leon E. Panetta said in a statement yesterday. He praised Japanese Defense Minister Naoki Tanaka for "spearheading discussions" leading to the joint statement.

"We will work closely with our partners in the Japanese Self Defense Force to implement these decisions and to further improve this vital alliance of ours," the secretary added.
Panetta said he looks forward to strengthening the two nations' partnership "as, together, we address security challenges in the region."

Sailors assigned to Explosive Ordnance Disposal Mobile Unit Five (EODMU-5), wash off in a creek after a full day of jungle warfare training exercises.  Okinawa, Japan.

During a Pentagon background briefing to reporters yesterday, senior State and Defense Department officials outlined the agreement.

About 9,000 Marines will relocate from Okinawa, with about 5,000 moving to Guam and the rest transferring to other locations in the Pacific such as Hawaii and Australia, the defense official said.

The Marines will be organized in air-ground task forces, which combine command, ground, air and logistics elements that can deploy and operate as a unit.
"This new posture that we've created results in a more operationally effective presence across the region," the defense official said.
"In the end, we are sustaining the same presence in the Western Pacific that we've intended for some time," the official added.

About 10,000 Marines will remain on Okinawa when the relocation is complete, the official said.

The agreement also sets Japan's funding for the move to Guam at $3.1 billion of the overall $8.6 billion estimated cost, the defense official added.
"We're particularly appreciative of this commitment in the context of Japan's fiscal challenges, which we fully recognize," the official added.

One element of the agreement involves possible development of joint training ranges in Guam and the commonwealth of the Northern Mariana Islands as shared-use facilities for U.S. and Japanese forces, the official said.

The State Department official said the plan will result in a stronger, more sustainable and more flexible alliance.

"This is really a key component of our strategic rebalancing toward the Asia-Pacific region," the official said. "As you know, one of the key aspects of that is strengthening partnerships with regional allies, and of course Japan is a very important alliance partner."

The official said the agreement reaffirms both nations' commitment to relocate Marine Corps Air Station Futenma, now in the center of Okinawa's Ginowan City, to a more remote area of the island. Until the Futenma relocation happens, both governments will share the cost of maintaining the existing facility, the official added.

The Japanese government will determine the timeline for the Futenma move, the State Department official said, noting the U.S. focus for Okinawa is sustaining an operationally effective Marine Corps presence there.

The defense official said U.S. representatives are "delighted" at the agreement.
"We think it's a significant achievement that demonstrates that the U.S.-Japan alliance is still capable of big things," the official said.

WARM OCEAN CURRENTS CAUSE MAJORITY OF ICE LOSS FROM ANTARCTICA

FROM:   NASA

WASHINGTON -- Warm ocean currents attacking the underside of ice 
shelves are the dominant cause of recent ice loss from Antarctica, a 
new study using measurements from NASA's Ice, Cloud, and land 
Elevation Satellite (ICESat) revealed. 

An international team of scientists used a combination of satellite 
measurements and models to differentiate between the two known causes 
of melting ice shelves: warm ocean currents thawing the underbelly of 
the floating extensions of ice sheets and warm air melting them from 
above. The finding, published today in the journal Nature, brings 
scientists a step closer to providing reliable projections of future 
sea level rise. 

The researchers concluded 20 of the 54 ice shelves studied are being 
melted by warm ocean currents. Most of these are in West Antarctica, 
where inland glaciers flowing down to the coast and feeding into 
these thinning ice shelves have accelerated, draining more ice into 
the sea and contributing to sea-level rise. This ocean-driven 
thinning is responsible for the most widespread and rapid ice losses 
in West Antarctica and the majority of Antarctic ice sheet loss 
during the period studied. 

"We can lose an awful lot of ice to the sea without ever having 
summers warm enough to make the snow on top of the glaciers melt," 
said the study's lead author Hamish Pritchard of the British 
Antarctic Survey in Cambridge, United Kingdom. "The oceans can do all 
the work from below." 

To map the changing thickness of almost all the floating ice shelves 
around Antarctica, the team used a time series of 4.5 million surface 
height measurements taken by a laser instrument mounted on ICESat 
from October 2003 to October 2008. They measured how the ice shelf 
height changed over time and ran computer models to discard changes 
in ice thickness because of natural snow accumulation and compaction. 
The researchers also used a tide model that eliminated height changes 
caused by tides raising and lowering the ice shelves. 

"This study demonstrates the power of space-based, laser altimetry for 
understanding Earth processes," said Tom Wagner, cryosphere program 
scientist at NASA Headquarters in Washington." Coupled with NASA's 
portfolio of other ice sheet research using data from our GRACE 
mission, satellite radars and aircraft, we get a comprehensive view 
of ice sheet change that improves estimates of sea level rise." 

Previous studies used satellite radar data to measure the evolution of 
ice shelves and glaciers, but laser measurements are more precise in 
detecting changes in ice shelf thickness through time. This is 
especially true in coastal areas. Steeper slopes at the grounding 
line, where floating ice shelves connect with the landmass, cause 
problems for lower-resolution radar altimeters. 




ICESat was the first satellite specifically designed to use laser 
altimetry to study the Earth's polar regions. It operated from 2003 
to 2009. Its successor, ICESat-2, is scheduled for launch in 2016. 

"This study demonstrates the urgent need for ICESat-2 to get into 
space," said Jay Zwally, ICESat project scientist at NASA's Goddard 
Space Flight Center in Greenbelt, Md. "We have limited information on 
the changes in polar regions caused by climate change. Nothing can 
look at these changes like satellite measurements do." 

The new research also links the observed increase in melting that 
occurs on the underside of a glacier or ice shelf, called basal melt, 
and glacier acceleration with changes in wind patterns. 

"Studies have shown Antarctic winds have changed because of changes in 
climate," Pritchard said. "This has affected the strength and 
direction of ocean currents. As a result warm water is funnelled 
beneath the floating ice. These studies and our new results suggest 
Antarctica's glaciers are responding rapidly to a changing climate." 

A different picture is seen on the Antarctic Peninsula, the long 
stretch of land pointing towards South America. The study found 
thinning of the largest ice shelf on the peninsula can be explained 
by warm summer winds directly melting the snow on the ice shelf 
surfaces. The patterns of widespread ocean-driven melting and summer 
melting on the Antarctic Peninsula can be attributed to changing wind 
patterns. 

The study was carried out by an international team from the British 
Antarctic Survey, Utrecht University in Utrecht, Netherlands, the 
University of California in San Diego and the non-profit research 
institute Earth and Space Research in Corvallis, Ore. 

SPACE SHUTTLE ENTERPRISE: ITS 36-YEAR MISSION...

FROM:  NASA
The Shuttle Enterprise
In 1976, NASA's space shuttle Enterprise rolled out of the Palmdale manufacturing facilities and was greeted by NASA officials and cast members from the 'Star Trek' television series.
From left to right they are: NASA Administrator Dr. James D. Fletcher; DeForest Kelley, who portrayed Dr. "Bones" McCoy on the series; George Takei (Mr. Sulu); James Doohan (Chief Engineer Montgomery "Scotty" Scott); Nichelle Nichols (Lt. Uhura); Leonard Nimoy (Mr. Spock); series creator Gene Rodenberry; an unnamed NASA official; and, Walter Koenig (Ensign Pavel Chekov).
Image Credit: NASA

WASHINGTON -- Update: NASA's 747 Shuttle Carrier Aircraft (SCA) with space shuttle Enterprise mounted atop have landed in New York City.  

F-16'S ENGAGE MIG'S OVER BULGARIA DURING THRACIAN STAR 2012

FROM:  U.S. AIR FORCE
Col. David Walker, 31st Operations Group and Thracian Star 2012 detachment commander, and Capt. Petar Milkov, Bulgarian air force MiG-29 pilot, prepare to fly in an F-16 Fighting Falcon April 19, 2012, at Graf Ignatievo Air Force Base, Bulgaria. More than 500 people are deployed here from the 31st Fighter Wing in support of the month-long coalition training exercise aimed at increasing interoperability between NATO allies. (U.S. Air Force photo/Senior Airman Katherine Windish)

F-16s, MiGs engage over Bulgarian skies 
by Senior Airman Katherine Windish
31st Fighter Wing Public Affairs

4/26/2012 - GRAF IGNATIEVO AIR BASE, Bulgaria (AFNS) -- U.S. pilots from the 555th and 510th Fighter Squadrons based out of Aviano Air Base, Italy, have been given a rare opportunity to train and share experiences with Bulgarian air force MiG-21 and MiG-29 pilots during their deployment here in support of Thracian Star 2012.

Since the start of the training mission on April 18, Bulgarian and American pilots have been flying together and working toward the goal of the exercise: to strengthen partnerships, increase interoperability between NATO allies and maintain a standard of excellence.

Throughout the month-long bilateral training exercise, Aviano F-16 Fighting Falcon pilots will spend more than 60 hours per week flying close air support, basic fighter and air combat maneuvers, tactical intercepts, defensive counter air and large force missions with Bulgarian MiG-21 and MiG-29 pilots.


"We are performing the same mission sets we do at home station, but we are integrating the Bulgarian pilots into the training," said Capt. Bryan Faughn, 555th FS F-16 pilot. "It gives us an opportunity to see how another country's air force works. They are a professional air force just like we are and they take pride in what they do. We are gaining experience while working with an international partner - it's a unique opportunity."

To gain better insight into both the tactics of the pilots and the capabilities of the different aircraft, pilots have gone on ride-along flights in the other country's jets.

Capt. Kirby Sanford, 555th FS F-16 pilot, was the first American pilot to get the opportunity to ride in a MiG.

"It was truly an awesome, once-in-a-lifetime experience," Sanford said about his flight. "It really highlighted the advantages of both aircraft and showcased the mindset, skills and techniques of the Bulgarians."

"Though the MiG is an older aircraft, it is still a very capable aircraft," he continued. "It just goes to show that even an older aircraft can be a formidable adversary with the right pilot."

Bulgarian air force Capt. Petar Milkov, was the first MiG-29 pilot to fly in an F-16 during Thracian Star 2012. The aircraft was piloted by Col. David Walker, 31st Operations Group and Thracian Star detachment commander.

"I was very impressed by the cockpit ergonomics, ease of flight and mission complexity," said Milkov. "This bilateral training with my American colleagues is a great chance to extend our partnership in a professional, cultural and personal manner. I also hope to enrich my personal experience and make new contacts."

DENGUE VACCINE ENTERS FIRST CLINICAL TRIAL

FROM:  AMERICAN FORCES PRESS SERVICE  

Navy Dengue Vaccine Enters First Clinical Trial

By Terri Moon Cronk

SILVER SPRING, Md., April 26, 2012 - Navy medical researchers are conducting their first human clinical trial for a vaccine to protect U.S. troops from dengue, a potentially deadly mosquito-transmitted virus found in the tropical and subtropical areas of the world.

No treatment or cure exists for dengue, which is carried by a particular type of mosquito, said Navy Cmdr. Tad Kochel, chief of Viral and Rickettsial Disease research at the Naval Medical Research Center, here. Kochel said the disease is endemic in Southeast Asia, Africa, South America and the Caribbean.

Dengue puts 2 million people at risk worldwide, and adds about 500,000 new cases each year, Kochel said. Dengue also can cause 25,000 deaths annually, mostly among children who aren't hospitalized before severe illness can set in.

"We need a vaccine because the troops are deployed where dengue is actively transmitted," said Kochel, who developed the Navy's dengue vaccine in 1993, which is now in the trial phase to determine whether it is safe and effective. Kochel, who has a doctorate in virology, said a vaccine against the virus will have to cover each of its four strains.

Some dengue strains cause few symptoms, while others can cause high fever, internal bleeding and shock, among other symptoms, said Navy Lt. Cmdr. (Dr.) Janine Danko, department deputy chief.

Dengue is not contagious, she said. It is contracted when bitten by a mosquito carrying the virus. Once a person is bitten, however, subsequent bites from infected mosquitoes have cumulative effects and can result in more severe cases of the disease. 

"People who get it a second or third time in their lives can have more severe disease symptoms," Danko said. "A soldier who is deployed to a tropical area, bitten by a mosquito and infected with dengue may not even know it. He may feel 'punky' and have a fever a day or two. If he's deployed again to other areas with dengue, he's at higher risk of infection, because his body has seen it before."

Because there is no treatment for dengue, prevention is vital.

"We always have campaigns to reduce dengue transmission," Kochel said. "Troops in endemic areas are encouraged to kill the mosquitoes, use pesticides, ensure living areas have no standing water, and use a repellent. But these things are not 100 percent. That's why we need a vaccine."

Research for a dengue vaccine has been under way for more than 20 years, but its availability still is five to 10 years away, Kochel said.

A vaccine that prevents all four strains of dengue must pass stringent Food and Drug Administration requirements before it can be licensed and marketed for human use.

The price tag that comes with vaccine development also is great.

"The dollar amount for these studies is pretty exponential," Kochel said.

The Navy researchers emphasized that they're not working in a vacuum to develop a vaccine.

"The Navy, in collaboration with the Army, has three vaccines," Kochel said. "We are testing products individually and in combination with our counterparts, such as universities and private companies that also are working on vaccines."

Of the various vaccines in different stages of development, Kochel said, not one is ahead of the others.

"Everyone's trying to get over this hurdle of getting good immune responses against all four types of the virus," he said, adding that the "perfect vaccine" does not yet exist to protect U.S. troops from all strains.

And even though dengue's Type 1 strain might go unnoticed in some people, the virus doesn't have to be severe before it can be a hindrance to troop strength, Danko said.

"Even with moderate infection," she explained, "dengue affects our ability on the front lines to protect and carry out the mission of DOD."

CORPORATE ATTORNEY AND WALL STREET TRADER SETTLE $32 MILLION INSIDER TRADING CASE

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION
Attorney, Wall Street Trader, and Middleman Settle SEC Charges in $32 Million Insider Trading Case
Washington, D.C., April 25, 2012 — The Securities and Exchange Commission today announced a settlement in a $32 million insider trading case filed by the agency last year against a corporate attorney and a Wall Street trader.

The SEC alleged that the insider trading occurred in advance of at least 11 merger and acquisition announcements involving clients of the law firm where the attorney — Matthew H. Kluger — worked. He and the trader — Garrett D. Bauer — were linked through a mutual friend now identified as Kenneth T. Robinson, who acted as a middleman to facilitate the illegal tips and trades. Kluger and Bauer used public telephones and prepaid disposable mobile phones to communicate with Robinson in an effort to avoid detection. Robinson, now also charged, cooperated in the SEC’s investigation.

Bauer, Kluger, and Robinson each agreed to give up their ill-gotten gains plus interest in order to settle the SEC’s charges. Those amounts under the terms of their consent agreements are approximately $31.6 million for Bauer, $516,000 for Kluger, and $845,000 for Robinson.

"Bauer, Kluger and Robinson schemed to outsmart law enforcement by structuring their relationships and communications to avoid detection and frustrate insider trading detection mechanisms," said Robert Khuzami, Director of the SEC's Division of Enforcement. "They were ultimately unsuccessful due to the SEC's sustained efforts to combat hard-to-detect insider trading, particularly among lawyers and other gatekeepers who have solemn duties to maintain the confidentiality of information entrusted to them."
In parallel criminal actions brought by the U.S. Attorney’s Office for the District of New Jersey, Bauer, Kluger, and Robinson have all pled guilty and are scheduled to be sentenced on June 4, 2012.

Acknowledging the facts to which they have admitted as part of their guilty pleas, Bauer, Robinson, and Kluger consented to final judgments in the SEC’s civil actions that are subject to court approval. In the proposed final judgments, Bauer would be ordered to disgorge $30,812,796 plus prejudgment interest of $859,135; Kluger would be ordered to disgorge $502,500 plus prejudgment interest of $14,010; and Robinson would be ordered to disgorge $829,129 plus prejudgment interest of $16,106. They also would be permanently enjoined from future violations of Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3 thereunder. Each of the orders of disgorgement will be deemed partially satisfied and offset on a dollar-for-dollar basis by assets seized at the direction of the U.S. Attorney’s Office for the District of New Jersey based upon orders of forfeiture.

Bauer also has agreed to settle a related SEC administrative proceeding by consenting to the entry of an order that would bar him from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization, and from participating in any offering of a penny stock. Kluger agreed to settle a related administrative proceeding by consenting to the entry of an order which would permanently suspend him from appearing or practicing before the SEC as an attorney pursuant to Commission Rule of Practice 102(e).
The terms of the proposed settlement with Robinson reflect credit given to him by the SEC for his substantial assistance and cooperation in the investigation.

The SEC’s investigation was conducted by Colleen K. Lynch, David W. Snyder and John S. Rymas, members of the Market Abuse Unit in the Philadelphia Regional Office, under the supervision of Daniel M. Hawke, Chief of the Market Abuse Unit and Regional Director, and Elaine C. Greenberg, Associate Regional Director for Enforcement in the Philadelphia Regional Office. G. Jeffrey Boujoukos and Scott A. Thompson have been handling the litigation.

The SEC brought this enforcement action in coordination with the U.S. Attorney’s Office for the District of New Jersey. The SEC also appreciates the assistance of the Federal Bureau of Investigation, Financial Industry Regulatory Authority, and Options Regulatory Surveillance Authority.

NEW U.S. SPACECRAFT WILL BEGIN GROUND TESTS

FROM:  NASA
The Orion Ground Test Vehicle arrived at NASA's Kennedy Space Center Operations & Checkout (O&C) Facility on April 21. The vehicle traveled more than 1,800 miles from Lockheed Martin's Waterton Facility near Denver, Colo., where it successfully completed a series of rigorous acoustic, modal and vibration tests that simulated launch and spaceflight environments. The ground test vehicle will now be used for pathfinding operations at the O&C in preparation for the Orion spaceflight test vehicle's arrival this summer. The spaceflight vehicle is currently being fabricated at NASA's Michoud Assembly Facility in New Orleans, La., and is slated for NASA's Exploration Flight Test, or EFT-1, in 2014. Image Credit: NASA

SAPLINGS PLANTED IN ARLINGTON NATIONAL CEMETERY FOR ARBOR DAY AND SERVICE MEMBERS

FROM:  AMERICAN FORCES PRESS SERVICE
From Left to Right: American Forests Chief Executive Officer Scott Sheen, Katherine Hammack, assistant secretary of the Army for installations, energy and environment, and cemetery arborist Stephen Van Hoven place soil around a ribbon-laden sapling at the end of an Arbor Day ceremony at Arlington National Cemetery in Virginia, April 27, 2012. DOD photo by Terri Moon Cronk

Arlington National Cemetery Plants Saplings to Honor Troops
By Terri Moon Cronk
ARLINGTON, Va., April 27, 2012 - In honor of Arbor Day and to pay respects to U.S. service members, officials planted five oak tree saplings at Arlington National Cemetery here today.

saplings were grown from acorns taken from the renowned "Arlington Oak," a 220-year-old tree that was felled by Hurricane Irene in August 2011. The old oak tree stood in the area of the cemetery's Kennedy family burial site. Several years ago, the nonprofit American Forests organization collected acorns from the old oak and grew the saplings.

Three of the saplings were planted near the Kennedy family gravesite. Of the remaining two saplings, one was planted in section 26, near the old amphitheater and the other in section 36, near Custis Walk.

"On this ground we have the opportunity to re-establish a lost national landmark with its very own offspring," said keynote speaker Katherine Hammack, the assistant secretary of the Army for installations, energy and environment. "We can do this because Arlington National Cemetery and American Forests had foresight. They collected acorns from that landmark tree next to President [John F.] Kennedy's gravesite to prepare for an inevitable future."

Cemetery historian Tom Sherlock said when President Kennedy visited Arlington House in the spring of 1963, the Arlington oak was prominent in his view as he looked down upon Washington, D.C.

Kennedy said he was taken with the "magnificent" view, Sherlock said, noting the president also remarked that he "could stay there forever." That area near the tree was later chosen as Kennedy's burial site.

Today, a single oak sapling where the old tree once stood also represents a tribute to U.S. service members, Hammack said.

"When we were planning today's ceremony, the 1973 song, 'Tie a Yellow Ribbon 'Round the Old Oak Tree' came to mind," she said. "We have lost the old oak tree of a 220-year legacy, but we have an opportunity to tie a yellow ribbon around the young oak tree."
Arlington cemetery's saplings, Hammack said, remind Americans "of those men and women who are serving in harm's way" to protect the nation.
"On behalf of a grateful nation and the U.S. Army, this serves as a welcome home to all service men and women," she said.

Hammack then tied a yellow ribbon around the young tree.

COURT ORDERS SEIZURE OF 36 WEB DOMAINS THAT SELL STOLEN CREDIT CARD NUMBERS

FROM:  U.S. DEPARTMENT OF JUSTICE 
Thursday, April 26, 2012
Federal Courts Order Seizure of 36 Website Domains Involved in Selling Stolen Credit Card Numbers
WASHINGTON – Seizure orders have been executed against 36 domain names of websites engaged in the illegal sale and distribution of stolen credit card numbers, Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney Neil H. MacBride of the Eastern District of Virginia and Acting Executive Assistant Director Kevin Perkins of the FBI’s Criminal, Cyber, Response and Services Branch, announced today.

The seizures are the result of Operation Wreaking hAVoC, an FBI and Justice Department operation targeting the sale of stolen credit card numbers via the Internet.  The operation was coordinated with international law enforcement, including the United Kingdom’s Serious Organised Crime Agency (SOCA).

The 36 seized domains are in the custody of the federal government.  Visitors to the sites will now find a seizure banner that notifies them that the domain name has been seized by federal authorities.

“The websites we are targeting today were commercial outlets for stolen credit card information,” said Assistant Attorney General Breuer.  “By making this information available on the Internet, these websites facilitated fraud on credit card holders around the world.  The actions announced today are the result of extraordinary coordination with our international law enforcement partners, and reflect our commitment to use every tool at our disposal to shut down fraudulent, criminal enterprises.”

“Countless lives are thrown into financial turmoil because of these websites,” said U.S. Attorney MacBride.  “With a few simple clicks, thousands of stolen credit card numbers can be bought or sold to fraudsters anywhere in the world.  Today’s seizures are part of an ongoing campaign to disrupt this online market regardless of where it operates.”
“By seizing the websites the criminal underground uses to blatantly sell stolen personal information, Operation Wreaking hAVoC shows that we are committed to protecting individuals online and preventing criminals from using the Internet to line their pockets,” said FBI Acting Executive Assistant Director Perkins.  “The FBI and our partners around the world are committed to disabling these criminal networks.  No single law enforcement agency can fight cyber crime on its own, and the FBI is proud to be a part of such an outstanding effort by all of the participating agencies.”

The websites of the seized domain names are commonly referred to as Automated Vending Carts (AVCs).  An AVC is a website that functions as an open-ended invitation to any visitor to purchase stolen credit card numbers.  AVCs allow a user to buy stolen credit card data over the Web, even using an online “shopping cart,” just like a traditional online retailer.  Some AVC sites allow a buyer to select which type of credit card number to purchase, the account’s country of origin, and, in some cases, the state in which the account holder lives.  AVCs allow sellers to traffic stolen credit card data without communicating directly with buyers.

During this operation, law enforcement officials made undercover purchases of credit card numbers, including credit card numbers issued by Bank of America, Sun Trust and Capital One.  The banks confirmed that the sites were not authorized to sell the credit card numbers.  Seizure orders were obtained from a federal magistrate judge in the Eastern District of Virginia.
This U.S. operation was led by FBI’s Washington Field Office, the Computer Crime and Intellectual Property and Asset Forfeiture and Money Laundering Sections of the Justice Department’s Criminal Division and the U.S. Attorney’s Office for the Eastern District of Virginia.  The FBI’s Pittsburgh Field Office and the U.S. Attorney’s Office for the Western District of Pennsylvania also assisted in the investigation.

The international operation was led by the United Kingdom’s SOCA.  The Australian Federal Police (AFP); German Bundeskriminalamt (BKA); United Kingdom’s Dedicated Cheque and Plastic Crime Unit (DCPCU); Macedonian Ministry of Interior Cyber Crime Unit (MOI); Ukraine Ministry of Internal Affairs; Romanian Ministry of Interior; and the Dutch High-Tech Crimes Unit (KLPD) provided assistance.  Activities conducted by these international law enforcement agencies included arrests of AVC operators and purchasers, additional domain seizures and data seizures.

McKESSON CORP PAYS OVER $190 MILLION TO SETTLE ALLEGATIONS OF INFLATING PRESCRIPTION DRUG PRICES

FROM:  U.S. DEPARTMENT OF JUSTICE
Thursday, April 26, 2012
McKesson Corp. Pays U.S. More Than $190 Million to Resolve False Claims Act Allegations
McKesson Corporation has agreed to pay the United States more than $190 million to resolve claims that it violated the False Claims Act by reporting inflated pricing information for a large number of prescription drugs, causing Medicaid to overpay for those drugs.

Stuart F. Delery, Acting Assistant Attorney General for the Justice Department’s Civil Division; New Jersey U.S. Attorney Paul J. Fishman; and Daniel R. Levinson, Inspector General of the U.S. Department of Health and Human Services announced the settlement today.

The government alleges that McKesson, a large drug wholesaler, reported the inflated pricing data to First DataBank (FDB), a publisher of drug prices that are used by most state Medicaid programs to set payment rates for pharmaceuticals.

The Medicaid program is funded jointly by the federal and state governments.   This settlement resolves claims based on the federal share of Medicaid overpayments caused by McKesson’s conduct.   In addition to the $190 million – which represents the $187 million settlement and interest – state governments can separately negotiate with McKesson to resolve claims based on the states’ shares of the Medicaid overpayments.

The drug pricing data at issue here relates to the “Average Wholesale Price” (AWP) benchmark used by Medicaid and other programs to set payment rates for pharmaceuticals.   The settlement announced today is based on the United States’ allegations that McKesson reported inflated mark-up percentages to FDB for a wide variety of brand name drugs, causing FDB to publish inflated AWPs for those drugs.

To date, federal and state governments have recovered more than $2 billion from drug manufacturers that were alleged to have reported inflated AWP information to FDB and other publishers of drug prices.

“This case demonstrates the Department of Justice’s commitment to ensuring that Medicaid funds are expended appropriately,” said Acting Assistant Attorney General Delery.   “Companies that report pricing data that affect government payment rates, whether those companies are manufacturers, wholesalers, or otherwise, are required to report that data accurately.”

“This is the latest example of a corporation’s intentionally manipulating the complicated system by which drug purchases are reimbursed,” said U.S. Attorney Fishman.  “We have no tolerance for those who take advantage of that system to bring in more business by falsely increasing reimbursements to retailers.”

“This settlement with McKesson highlights the Office of Inspector General’s commitment to protecting against artificially inflated drug prices,” said Inspector General Levinson.   “Our analyses of drug price reporting practices – including the use of ‘Average Wholesale Price’ – have consistently identified excessive Medicare and Medicaid payments resulting from these practices.”

U.S. Attorney Fishman credited special agents of the U.S. Department of Health and Human Services Office of Inspector General, under the direction of Special Agent in Charge Thomas O’Donnell of the New York Regional Office, for the investigation leading to today’s settlement.

The government is represented by Assistant U.S. Attorney Alex Kriegsman of the U.S. Attorney’s Office Civil Division in Newark and Jeffrey A. Toll and Justin Draycott of the U.S. Department of Justice’s Civil Division.

McKesson does not admit to any liability regarding the claims settled by this agreement.

STUDENT VETERANS OF AMERICA REVOKE CHARTERS AT SEVERAL FOR-PROFIT SCHOOL

FROM:  VETERANS AFFAIRS VANTAGE POINT
Student Vets Group Outs Schools with Revoked Charters
April 26, 2012
 by Alex Horton 
A few weeks ago, we reported that Student Veterans of America revoked charter membership at a number of for-profit schools. The schools were charged with violating the terms of their agreement with SVA, which includes a clause stipulating the chapters would be run by student Veterans.

Today, SVA produced a list of the 26 schools whose charters the group pulled. Half are owned by a single company: Education Management Corporation.

SVA’s executive director weighed in on why the violations are significant:
A few weeks ago, we reported that Student Veterans of America revoked charter membership at a number of for-profit schools. The schools were charged with violating the terms of their agreement with SVA, which includes a clause stipulating the chapters would be run by student Veterans.

Today, SVA produced a list of the 26 schools whose charters the group pulled. Half are owned by a single company: Education Management Corporation.
SVA’s executive director weighed in on why the violations are significant:

1) It defrauds veterans seeking advice from SVA’s student leaders;
2) It deters veterans who would otherwise form chapters at these campuses;
3) It misrepresents these chapters as being a point of contact for veterans seeking out their peers who can help them with transition issues and introduce them to a community of individuals that share similar experiences;
4) It undermines the legitimacy and reputation of SVA.
Many military and veteran-friendly school lists cite having a SVA chapter as a criterion for becoming ‘veteran-friendly’. The term ‘military-friendly’, or ‘veteran-friendly’, as it relates to academic institutions is ill-defined.

The last point is considerably relevant and concerning. Out of the 26 schools that saw their SVA chapters pulled, 14 appeared on a major “military friendly” school list, which is then used by for-profits to attract active duty troops and Veterans. One school with three revoked SVA chapters took the number one spot in the online and nontraditional category for the Military Times Edge “Best for Vets: Colleges 2011”.
Universities and colleges are increasingly the place where Veterans choose to go for their first foray into the post-military world. Their choices and experiences will impact the rest of their lives, so it’s important that student Vets make the most of their time and benefits. Be sure to do your own research (along with our handy pointers) so you can make the best informed decision possible.

AIR FORCE RESERVE HELP TO RESCUE CLIMBER WHO FELL 150 FEET IN DANALI NATIONAL PARK

FROM:  U.S. AIR FORCE
Photo: Denali National Park - Mt. McKinley.  U.S. Park Service 
PJ's rescue fallen ice climber in Denali National Park
by 2nd Lt. Leslie Forshaw
920th Rescue Wing Public Affairs

4/25/2012 - CAMP DENALI, Alaska -- Two Air Force Reserve pararescuemen from the 920th Rescue Wing, Patrick Air Force Base, Fla., assisted in the rescue of a climber who fell more than 150 feet while climbing Moose's Tooth in Denali National Park April 21.

The 11th Air Force Rescue Coordination Center received  the rescue call at 2:20 a.m.

The National Park Service was not able to launch a rescue aircraft until 6 a.m. the next morning - so the RCC coordinator notified the Alaska Air National Guard's 210th, 211th and 212th Rescue Squadrons.

"The climber needed immediate assistance," said Capt. Gregg Laird, RCC senior controller, Alaska ANG.

The Guardian Angel Weapon system launched with an HH-60G Pave Hawk helicopter and an HC-130P/N King aircraft from Joint Base Elmendorf-Richardson, to make the 120-mile flight northwest of Anchorage.

"The patient was described as going in and out of conscientiousness and we didn't know if he was still on the rock or down at the base," said Staff Sgt. Nate Greene, pararescuemen, ANG.

After flying low, slow patterns over the area - the crew spotted a group of people by a tent in an area up the hill from the landing strip used to access the 10,300-foot peak.

The rescue helicopter pilots found a safe place to land. Greene, along with Senior Master Sgt. Jonathon Davis, ANG, and Tech Sgt.'s Daniel Warren and William Posch, Air Force Reserve PJs from Patrick AFB, made their way to the patient.

"Getting off the helicopter we had a stokes litter and medical bag, "said Warren. "Every step in that deep snow at high altitude and carrying gear was a challenge."

At the tent, the PJ team went to work examining the patient and assessing the situation.

PJs are considered special operators skilled in trauma medicine and conditioned athletes trained in extreme sports, such as mountain climbing and skydiving, to quickly get to combatants wounded on the battlefield and administer life-saving medical treatment. The battlefield, however, is only one of the many places on earth PJs are able to save lives. Any terrain where someone needs rescued, PJs are able to get there.

"Upon initial assessment, the patient was amazingly coherent for falling 150 feet," said Warren.

We took spinal injury precautions and focused on packaging the patient and getting him ready for transport, said Warren.

According to the state of Alaska public affairs office, the climber made it to the top of the climb and was on his way back down when one of his anchors came out of the rock.

"The patient was climbing at night, when the ice is the hardest. His last anchor failed which caused the fall," said Warren. "He hit his head or helmet at least once on the way down and was still suspended in the air after the fall."

The patient's fellow climbers were able to get him to the ground and then place him in a sleeping bag while awaiting rescue, said Warren.

The PJs moved the injured climber onto a spinal board and into a hypothermic bag-equipped litter to keep him warm and secure.

It took three PJs and four members of the climbing party to carry the small patient on a stokes litter through the deep snow to the helicopter, said Warren.

"That's just an example of how extreme the altitude and snow affects a person," said Warren.

The patient was onboard the helicopter by 6:55 a.m. and transported to Providence Hospital by 7:55 a.m.

"Here is an example of more good actions by Guardian Angel Airmen supporting the Alaska ANG," said Col. Mark Blalock, 920th RQW Operations Group commander. "The Alaska alert augmentation has been yielding some great missions and super training and experience we don't normally get."

The Florida reservists have been supplementing the ANG rescue forces for the experience and training only the Alaska mountains can provide.

"Training with the Alaska Air National Guard PJs and working with them on alert is a welcome challenge," said Warren. "It gives us exposure to their unique alert requirement. It's an honor, if only for a short time, to be a part of helping them do what they do best." Warren also took part in another Alaska rescue earlier this year.

The three-week rotations for the Florida Reserve GA Airmen started in January and will continue through September.

Since the start of the Alaska rotations, the 920th RQW GAs have parachuted into a remote village during a snow storm to provide medical help to a villager, been drug through snow by a helicopter while saving an avalanche victim.

"It's a lot like any injured Soldier, Sailor or Marine we see [on the battlefield]. They are just normal people doing amazing things...just having a really bad day. It's our job to make the worst days of their lives just a little better," said Warren.

The motto, "These things we do, that others may live," continues to be a way of life for the GA.

JOINT CHIEFS CHAIRMAN ORDERS REVIEW OF ISLAMIC EDUCATION MATERIAL USED IN TRAINING

FROM:  AMERICAN FORCES PRESS SERVICE  

Dempsey Orders Review of Courses Dealing With Islam

By Jim Garamone

WASHINGTON, April 25, 2012 - The chairman of the Joint Chiefs of Staff has ordered the directors of joint military education institutions and combatant commanders to examine the scope and content of training and education courses dealing with Islamic extremism to ensure they are appropriate and in keeping with U.S. values and principles.

Pentagon spokesman Navy Capt. John Kirby said Army Gen. Martin E. Dempsey sent the letter after students at the Armed Forces Staff College in Norfolk, Va., raised concerns about the content of a class entitled "Perspectives on Islam and Islamic Radicalism." Dempsey ordered the course closed until the study is complete.

"Our concern is there are some unprofessional things being taught to students in professional military education curriculum," Kirby said during a press availability today.

Defense Secretary Leon E. Panetta is aware of Dempsey's order and he shares the general's concern, the captain said. "He also completely endorses the chairman's intention to look at joint professional military education across the board to make sure we have done an adequate scrub on the content of this type of curriculum," Kirby said.

Some of the material in the course was not simply objectionable but inflammable, Kirby said. A student who finished the course last month brought it to the chairman's attention.

One example of the objectionable material was a Power Point slide highlighting inflammatory statements. On the slide was the assertion "that the United States is at war with Islam and we ought to just recognize that we are at war," Kirby said. "That's not at all what we believe to be the case: We're at war with terrorism, specifically al-Qaida, who has a warped view of the Islamic faith. That's just one example.

"These assertions are not in keeping with our principles or ideas," he continued. "We believe the right thing to do was to suspend the course due to some of the things that were presented in the course."

Dempsey has also ordered an inquiry into this particular course to determine how this material got into the course, and what is needed to improve it moving forward. The course has been taught at the staff college since 2004.