NATO'S TRANSFORMATION COMMAND AND U.S. RELATIONSHIP

Photo:  NATO Meeting.  Credit:  U.S. Air Force
FROM:  AMERICAN FORCES PRESS SERVICE
NATO's Transformation Command Reinvents Relations with U.S.
By Jim Garamone
WASHINGTON, May 9, 2012 - Though the location of its headquarters and the way it works with the U.S. military has changed since its inception, NATO's Allied Command Transformation has forged a stronger relationship with the United States, the organization's commander said here yesterday.

Gen. Stephane Abrial of the French air force, NATO's supreme allied commander for transformation, broke down the command's history and evolution in remarks at the Defense Writers Group.

When NATO established Allied Command Transformation in Norfolk, Va., the idea was to locate the command near U.S. Joint Forces Command and that the synergy would spur innovation for the alliance and for the U.S. military.

The NATO command, formed in 2003, was to lead alliance transformation efforts and develop doctrine for coalition operations. Abrial said he looked forward to building on the relationship with Joint Forces Command. But in 2010, the United States decided to disestablish that command.

"The Joint Forces Command disestablishment came as a surprise to many of us," Abrial said. When the allied command was established in 2003, he noted, the idea was to tie the two commands together under a single commander. American officers, therefore, led the command until Abrial succeeded Marine Corps Gen. James N. Mattis, now commander of U.S. Central Command, as commander of NATO's transformation command in 2009, while Mattis remained as commander of Joint Forces Command.

"We both had the feeling from the outset that we needed to ensure the two commands didn't drift apart," Abrial said. "This was also a concern from many nations, I may say."
The two commands established formal links – initially from commander to commander, and then at all levels. "We institutionalized the relationship to ensure it didn't go away," he said.

The result was that the relationship between the two commands increased and improved, the general said.

Abrial recalled he was in command for just over a year when he received a call from then-Undersecretary of Defense for Policy Michele Flournoy, who told him that the United States would disestablish Joint Forces Command.

"She told me that it did not mean a decrease in interest from the U.S. to the alliance or from the U.S. to Allied Command Transformation, and that our relationship will increase and we will work more together in the future," he said. "I said, 'Thank you,' and that I was hoping that the words would become deeds."
And they did, he said.

He worked closely with Army Gen. Raymond T. Odierno, now chief of staff of the U.S. Army, who had succeeded Mattis as commander of Joint Forces Command. The NATO personnel at Allied Command Transformation were involved in every decision involved in Joint Forces Command's disestablishment, Abrial said. "We were a part not of decision-making, but decision-shaping, as it were," he said.

Joint Forces Command cased its colors on Aug. 4, 2011, the French general said, and the change required a different set of relations with the U.S. military. He checked off what happened with the three tiers of the command's mission.

"The one tier which dealt with concept development, modeling and simulation and so on – everything which is still in Norfolk [and] Suffolk – continues working with my headquarters as if nothing has happened," he said. "It is exactly the same way."
Joint Forces Command's next-tier missions moved to U.S. combatant commands or the services. This meant that the NATO command needed to "replug" with them, Abrial said. With Joint Forces Command, his command had one outlet, he said. With the move, Allied Command Transformation had to establish ties with many other organizations, he said, and did so.

At the top level, Abrial said, was the opportunity to move to the Pentagon.
"I would say it has increased both our visibility and our relationships at the top level with both the political and military sides of the Pentagon," he said. "Today, 16 months after the decision was made, I can confirm that Mrs. Flournoy was right: Our relationship with our American friends has increased and improved. So it was a very positive move."

WALL STREET FIRM CHARGED WITH FOREX FRAUD

Photo:  Currency Sign.  Credit:  Wikimedia
FROM:  COMMODITIES FUTURES TRADING COMMISSION
CFTC Charges New York Firm Madison Dean, Inc., and its Principals, George Athanasatos and Laurence Dodge, with Forex Fraud

Washington, DC - The U.S. Commodity Futures Trading Commission (CFTC) today announced the filing of a civil enforcement action in the U.S. District Court for the Eastern District of New York charging Madison Dean, Inc. (Madison Dean), of Wantagh, N.Y., and its principals, George Athanasatos, also of Wantagh, and Laurence Dodge of Fresh Meadows, N.Y., with fraudulently soliciting approximately 19 persons to invest approximately $415,000 in managed trading accounts to trade off-exchange foreign currency (forex) contracts on a leverage or margined basis. None of the defendants has ever been registered with the CFTC.

The CFTC complaint, filed on May 8, 2012, alleges that from approximately December 2008 through approximately July 2010, defendants Madison Dean, Athanasatos, and Dodge, through an Internet website, written solicitation materials, and other actions, misrepresented and omitted material facts about Madison Dean, including the background and qualifications of Madison Dean employees and the firm’s performance record, to create a false impression that it was a well-established and successful company.

Specifically, according to the complaint, the defendants allegedly fraudulently claimed that 1) Madison Dean had been in existence since 1998, 2) Madison Dean’s customers included high net worth individuals, financial institutions, and institutional clients, 3) Madison Dean provided “professional money managers” who would be in charge of the forex trading for the customers’ managed accounts, and 4) Madison Dean had been making money for its customers for years.

Contrary to these claims, Madison Dean had not been making money for its customers for years, as it did not exist prior to December 2008, and its customers were “neither high net worth individuals, financial institutional or other institutional clients, hedge funds, nor millionaires,” according to the complaint. Also, according to the complaint, Madison Dean did not have professional money managers in charge of customer trading. Rather, Athansatos allegedly managed the trading of customer accounts, and on various occasions, Dodge and Athanasatos’ mother – neither a professional money manager – also traded customer accounts.

The complaint further alleges that Madison Dean’s customers lost approximately $250,000, “as a result of its poor trading.” As further alleged, after being in operation for a little over a year, during which time the firm collected approximately $112,000 in commissions and fees, Madison Dean shut down its operation with no notice to its customers and no way for those customers to contact the company or anyone associated with it.

In its continuing litigation, the CFTC seeks civil monetary penalties, restitution, disgorgement of ill-gotten gains, trading and registration bans, and preliminary and permanent injunctions against further violations of the Commodity Exchange Act, as charged.
The CFTC appreciates the assistance of the United Kingdom Financial Services Authority in this matter.

CFTC Division of Enforcement staff members responsible for this case are Alan I. Edelman, James H. Holl, III, Michelle Bougas, Gretchen L. Lowe, and Vincent McGonagle.

NAVY MISSILE INTERCEPTOR TEST

FROM:  U.S. NAVY
PACIFIC OCEAN (May 9, 2012) A Standard Missile-3 (SM-3) Block 1B interceptor is launched from the guided-missile cruiser USS Lake Erie (CG 70) during a Missile Defense Agency test in the Pacific Ocean. The SM-3 Block 1B successfully intercepted a short-range ballistic missile target that had been launched from the Pacific Missile Range Facility, Barking Sands, Kauai, Hawaii. (U.S. Navy photo/Released)

Second-Generation Aegis Ballistic Missile Defense System Completes Successful Intercept Flight Test
From Missile Defense Agency Public Affairs

FORT BELVOIR, Va. (NNS) -- The Missile Defense Agency (MDA) and U.S. Navy Sailors aboard USS Lake Erie (CG 70) successfully conducted a flight test of the Aegis Ballistic Missile Defense (BMD) system May 9.

This test resulted in the first intercept of a short-range ballistic missile target over the Pacific Ocean by the Navy's newest Missile Defense interceptor, the Standard Missile - 3 (SM-3) Block 1B.

At 8:18 p.m. Hawaiian Standard Time (2:18 a.m. EDT May 10) the target missile was launched from the Pacific Missile Range Facility, located on Kauai, Hawaii. The target flew on a northwesterly trajectory towards a broad ocean area of the Pacific Ocean. Following target launch, Lake Erie detected and tracked the missile with its onboard AN/SPY-1 radar. The ship, equipped with the second-generation Aegis BMD 4.0.1 weapon system, developed a fire control solution and launched the Standard Missile-3 (SM-3) Block IB interceptor.

Lake Erie continued to track the target and sent trajectory information to the SM-3 Block IB interceptor in-flight. The SM-3 maneuvered to a point in space, as designated by the fire control solution, and released its kinetic warhead. The kinetic warhead acquired the target, diverted into its path, and, using only the force of a direct impact, engaged and destroyed the threat in a hit-to-kill intercept.

The event, designated Flight Test Standard Missile-16 (FTM-16) Event 2a, was the first successful live-fire intercept test of the SM-3 Block IB interceptor and the second-generation Aegis BMD 4.0.1 weapon system. Previous successful intercepts were conducted with the Aegis BMD 3.6.1 weapon system and the SM-3 Block IA interceptor, which are currently operational on U.S. Navy ships deployed across the globe.

Aegis BMD 4.0.1 and the SM-3 Block IB interceptor improve the system's ability to engage increasingly longer range and more sophisticated ballistic missiles that may be launched in larger raid sizes. The SM-3 Block IB interceptor features a two-color infrared seeker, which improves sensitivity for longer-range target acquisition and high-speed processing for target discrimination. The SM-3 Block IB interceptor also features an upgraded onboard signal processor and a more flexible throttleable divert and attitude control system to maneuver the IB interceptor to intercept.

Initial indications are that all components performed as designed. Program officials will conduct an extensive assessment and evaluation of system performance based upon telemetry and other data obtained during the test.

FTM-16 Event 2a is the 22nd successful intercept in 27 flight test attempts for the Aegis BMD program. Across all Ballistic Missile Defense System programs, this is the 53rd successful hit-to-kill intercept in 67 flight test attempts since 2001.

Aegis BMD is the sea-based midcourse component of the MDA's Ballistic Missile Defense System and is designed to intercept and destroy short to intermediate-range ballistic missile threats. The MDA and the U.S. Navy cooperatively manage the Aegis BMD Program.

STATE DEPARTMENT REMARKS ON GLOBAL WATER SECURITY

Photo:  Death Hollow Utah. Cr. Wikimedia
FROM:  U.S. DEPARTMENT OF STATE
Global Water Security: The Intelligence Community Assessment
Remarks Maria Otero
Under Secretary for Civilian Security, Democracy, and Human Rights   Woodrow Wilson Center
Washington, DC
May 9, 2012
Thank you, Jane. It is an honor to be included in this National Conversation on the Intelligence Community Assessment on Global Water Security. The Woodrow Wilson Center has been visionary in the area of environmental security and it's heartening to see a growing appreciation for your work.

Let me also take a moment to thank Cas Yost from the National Intelligence Council, who will speak right after me. Thank you for the NIC’s hard work and persistence to make this Intelligence Community Assessment, or ICA, a reality.

Finally, thanks to our esteemed panel for joining us today.
As Secretary Clinton has noted, perhaps no two issues are more important to human health, economic growth, and peace and security than access to basic sanitation and sustainable supplies of water.

Each day, nearly 4,000 people – mostly children under five – die from preventable diseases caused by contaminated water. Not surprisingly, women and girls are impacted most.
In addition to the health impacts, water will affect our ability to protect the environment, achieve food-and-energy security, and respond to climate change.
Competition for water and that lack of access to basic water and sanitation services may become a source of conflict.

In order to better understand the impacts of global water challenges on our national security interests, last year Secretary Clinton requested that the intelligence community produce a National Intelligence Estimate to further study the issue.
The release of the unclassified Intelligence Community Assessment on Global Water Security, whose contents draw from the National Intelligence Estimate, confirms much of what we already suspected – that if left unaddressed, water challenges worldwide will post a threat to U.S. security interests.

This is in addition to the tremendous burden that water scarcity and the mismanagement of water resources is already placing on populations and critical freshwater and marine ecosystems throughout the world.

Recognizing this, in 2010 Secretary Clinton defined five specific steps the U.S. would take to address these challenges.

First, build and strengthen institutional and human capacity at the local, national and regional levels. Countries and communities must take the lead in securing their own water futures. We need to help build their capacity so they can deliver.
This includes building support for and strengthening regional mechanisms for advancing cooperation on shared waters. We are already active in many basins throughout the world – from the Nile to the Mekong – supporting riparian country efforts. We recently launched the Shared Waters Partnership to focus donor efforts on key regions throughout the world.

Second, increase and better coordinate our diplomatic efforts. We need to work to raise international awareness; to encourage developing countries to prioritize water and sanitation in national plans and budgets; and to integrate water into global food security, health, and climate change initiatives.

Both Secretary Clinton and USAID Administrator Shah have been active in promoting these issues and reinforcing the need for countries to commit themselves to doing more.
Third, mobilize financial support. This will require resources. In many cases, there is capital within developing countries. We need to work to mobilize these resources towards water and sanitation infrastructure by strengthening local capital markets, providing credit enhancements, and exploring other avenues for support.

Fourth, promote science and technology. There is no silver bullet. That said, science and technology can have a huge impact. We need to work harder to incentivize the development of technologies that can make a difference at scale and to share U.S. expertise and knowledge with the rest of the world.

And finally fifth, build and sustain partnerships. We cannot solve this problem on our own. Just last month, Secretary Clinton launched the U.S. Water Partnership. It aims to mobilize U.S. knowledge, expertise, and resources to improve global water security. I encourage you to visit its website to learn more and get involved.

We will today see that the ICA confirms that this comprehensive approach by the U.S. government to manage water-related challenges is exactly what is required.
The ICA reinforces our view that water is not just a human health issue, not just an economic development or environmental issue, but also a security issue. We will ensure water issues stay at the top of our foreign policy and national security agenda.

The ICA also reinforces the need to engage diplomatically, to carefully coordinate our development and diplomatic efforts, and to build stronger partnerships across sectors.
I look forward to what I expect will be a very interesting and interactive dialogue. I hope we leave here today with a better understanding of the ICA‘s findings and what they mean for our work.

As a follow-up to today's event, the State Department is working closely with partners to convene additional dialogues on the ICA and its implications.
We hope that policy makers from every corner – across sectors and at the national, regional, and global levels – will roll up their sleeves and join the discussion, with the goal of finding new and better ways to ensure global water challenges are not obstacles to global health, economic development, and peace and security.

Secretary Clinton has said: "The water crisis is a health crisis, it's a farming crisis, it's an economic crisis, it's a climate crisis, and increasingly, it is a political crisis. And therefore, we must have an equally comprehensive response."

This ICA therefore is an important step forward in our efforts to understand and respond to this complex challenge. Thank you.

FAMILIES OF SERVICE MEMBERS CONCERNED ABOUT CHANGE IN RETIREMENT BENEFITS

Photo:  U.S. AIR FORCE
Cadet Staff Sgt. Moranda Hern, Air Force Academy sophomore, speaks as Chairman of the Joint Chiefs of Staff U.S. Army Gen. Martin E. Dempsey; Jill Biden, the vice-president’s wife; First Lady Michelle Obama; and Tom Brokaw, television journalist, listen at the first anniversary of Joining Forces ceremony on the south lawn of the White House April 11, 2012. Hern was one of the 20 finalists in the Joining Forces Community Challenge that recognized citizens, communities and organizations for their efforts in supporting military families. . Hern started the Sisterhood of the Traveling BDUs organization that aims to help daughters ages 13-18 of military members connect and build relationships. The challenge was part of the Joining Forces program, pioneered by First Lady Michelle Obama and Jill Biden, which is a national initiative that mobilizes all sectors of society to support military members and their families. (Air Force photo by Tech. Sgt. Jess D. Harvey) 

FROM:  AMERICAN FORCES PRESS SERVICE
Families list retirement, pay  as top issues 
by Lisa Daniel
5/10/2012 - WASHINGTON (AFPS) -- Military families regard the possible change of military retirement benefits as their top concern, according to the results of a major survey released today.

The 2012 Military Family Lifestyle Survey also shows that pay and benefits, the impact of deployments on children, operational tempo, spouse employment and education and combat stress and brain injuries are most on the minds of military family members.

Blue Star Families, a nonprofit military family support organization, released the findings of its third annual survey before a Capitol Hill audience of Congress members, military family members and support organizations, and media.

"That data in this survey is the story of our lives," said Kathy Roth-Douquet, the chief executive officer of Blue Star Families. The survey, she said, is conducted by professional researchers who also are military family members.

More than 4,000 family members responded to the survey, representing each of the services -- active, National Guard and reserve, and Coast Guard -- and all areas of the country. Nearly half of the survey respondents have a service member in the senior enlisted ranks, and 64 percent of respondents are between the ages of 25 and 44.

Among the findings:

-- Thirty-one percent of respondents listed possible changes to retirement benefits as their biggest concern, followed by 20 percent who cited pay and benefits as their top concern;

-- Veterans said their biggest concerns related to separating from the military were employment opportunities, followed by access to health care;

-- Seven percent of respondents listed operational tempo as their top concern, and support for staying in the military dropped from 52 percent for families who were separated 13 to 24 months, to 15 percent for those who spent more than 37 months apart;

-- Sixty percent of spouse respondents are not currently employed, and of those, 53 percent wanted to be; 57 percent said being a military spouse has a negative impact on their ability to work; 27 percent had problems getting professional licenses to transfer to different states;

-- Six percent of respondents listed post-traumatic stress, combat stress and traumatic brain injuries as their top issue; 26 percent said their service member had signs of post-traumatic stress and 3 percent said they had a diagnosis.

Robert L. Gordon III, deputy assistant secretary of defense for military community and family policy, said the department and the nation are challenged by economic problems today, but that both must take care of military families.

Things changed after the Vietnam War, Gordon said.

"We got out of Vietnam and into the all-volunteer force," he said. "Because of that, our force became a married force."

Also, Gordon said, the military now is structured so that "the entire military goes to war." Indeed, the survey found that National Guard and Reserve members have spent as much time away from home in the past decade as active duty members.

"We're challenged today, and I would say we are up to that challenge," Gordon said. "We have a supportive Congress and a supportive administration, where the first lady and Dr. [Jill] Biden are out pitching for the military" through their "Joining Forces" campaign.

"That's why this survey is so important," he said. "We need to know how these families feel. We have to have a better integration of [combat veterans] when they come home -- and they are coming home."

Other findings of the survey show:

-- Ninety-two percent of respondents said they could help their children make positive school decisions during a spouse's deployment, but 64 percent said deployment hampered their children's abilities to participate in extracurricular activities;

-- Ten percent of family members responded that they had considered suicide, compared to 9 percent for service members.

-- Fifty-seven percent said prevention should be aimed at training frontline supervisors and commanders;

-- Eighty-one percent volunteered in the past year;

-- Eighty-nine percent are registered to vote;

-- Eighty-two percent believe the all-volunteer force works well;

-- Seventy percent were satisfied with the military lifestyle, and 60 percent would recommend the military for young people; and

-- Seventy-two percent said changing the law to allow gays to serve openly has had no impact on their service members' ability to serve.

JUSTICE FILES LAWSUIT TO STOP UNCONSTITUTIONAL PRACTICES BY SHERIFF'S OFFICE IN MARICOPA COUNTY

FROM:  U.S. JUSTICE DEPARTMENT
Assistant Attorney General for the Civil Rights Division Thomas E. Perez Speaks at the Maricopa County Press Conference Phoenix ~ Thursday, May 10, 2012
Today, the Department of Justice did something it has done only once before in the 18-year history of our civil police reform work; we filed a contested lawsuit to stop discriminatory and unconstitutional law enforcement practices. In our police reform work, we have invariably been able to work collaboratively with law enforcement agencies to build better departments and safer communities. Maricopa County, the Maricopa County Sheriff’s Office and Sheriff Arpaio have been a glaring exception. Attempts to forge solutions to address the serious civil rights and public safety concerns have proven elusive.

In June 2008, the Department of Justice began its initial inquiry into allegations that the Maricopa County Sheriff’s Office and Sheriff Joseph Arpaio were violating the constitutional rights of people in Maricopa County. In September 2010, following repeated unsuccessful efforts to obtain MCSO’s and Sheriff Arpaio’s voluntary compliance with its legal obligations to provide information in connection with our investigation, the department took the virtually unprecedented step of filing a lawsuit to force MCSO to comply. This lawsuit successfully caused MCSO to meet its legal obligations and it was settled in June 2011.

Six months later, in December 2011, the department issued its letter of findings detailing the results of our investigation. Our investigation found that there is reasonable cause to believe that MCSO and Sheriff Arpaio engage in: 1) a pattern or practice of discriminatory policing of Latinos, 2) discriminatory jail practices against Latino prisoners with limited English skills, and 3) a pattern or practice of unlawful retaliatory behavior against perceived critics of MCSO through baseless criminal charges, unfounded civil lawsuits and meritless administrative actions.

After we issued our findings letter, we tried to reach a negotiated settlement. The United States is not seeking, and has never sought, monetary damages or attorney’s fees in connection with our case, though Title VI authorizes the termination of federal funding. Rather, we sought, and continue to seek, to accomplish one important goal: to fix the problems identified in our investigation and ensure that the necessary policies, practices and oversight are in place so that MCSO and Sheriff Arpaio comply with the Constitution and laws of the United States.

We traveled to Phoenix in early February and met with lawyers for MCSO and Sheriff Arpaio as well as with the county attorney, where we discussed the parameters of a potential settlement. We made it clear, orally and in writing, that a settlement would require an independent monitor. Later that month, we gave MCSO and Sheriff Arpaio a 128-page draft settlement agreement, which we hoped would serve as the framework for further discussion. Unfortunately, these further discussions were brief, and negotiations broke down, primarily because MCSO and Sheriff Arpaio would not agree to any settlement that included an independent monitor.

A monitor, in general, and specifically in a case of this nature, is not a new requirement. Monitors have been critical components of our settlements in other police cases, from Los Angeles to Pittsburgh to Cincinnati, and they play an important role in ensuring that reforms are carried out in an effective, fair and sustainable fashion. Ronald Reagan was correct: trust but verify. Monitors do not usurp the function of sheriffs; in fact, there was a provision in the proposed agreement that stated, “The monitor shall not, and is not intended to, replace or assume the role or duties of the defendant, including the Sheriff.” Monitors work collaboratively with sheriffs’ offices, police departments, courts, communities and the Justice Department to provide necessary support and assistance to ensure that the problems are fixed in a sustainable fashion. Unfortunately, this provision was unacceptable to the Sheriff and MCSO and they ended negotiations.

Left with no choice, earlier today we filed a civil complaint in the United States District Court against Sheriff Arpaio, the Maricopa County Sheriff’s Office and Maricopa County.

The police are supposed to protect and serve our communities, not divide them. At its core, this is an abuse of power case involving a sheriff and sheriff’s office that disregarded the Constitution, ignored sound police practices, comprised public safety, and did not hesitate to retaliate against perceived critics. Constitutional policing and effective policing go hand-in-hand. Our complaint alleges that the defendants’ actions were neither constitutional nor effective.

There are three categories of claims in the complaint. First, the complaint alleges that MCSO’s police practices unlawfully discriminate against Latinos in violation of their constitutional and statutory rights. It is Sheriff Arpaio’s prerogative to set law enforcement priorities for his agency. Whatever his priorities, he must carry them out in a manner that is consistent with his constitutional and statutory obligations. Law enforcement agencies cannot cut constitutional corners in the pursuit of their objectives, and the complaint alleges that from at least 2006 to the present, MCSO officers have unlawfully discriminated against Latinos and violated their constitutional rights in a number of ways, including racial profiling of Latinos in traffic stop settings; unlawful detention, searches and arrests of Latino drivers and passengers; and unlawful targeting and illegal detention of Latinos during home and worksite raids.

The complaint further alleges that MCSO failed to adopt basic policy, training and internal oversight practices to monitor these police activities, examine their effectiveness, and prevent unlawful activities. For instance, despite the fact that the traffic operations have very low “hit rates,” and very high rates of stopping Latino U.S. citizens and legal residents, the specialized units receive little oversight and inadequate training. If you looked Latino, you were all too frequently fair game for MCSO officers.

The second category of claim in the complaint is that MCSO’s correctional practices violate the constitutional and statutory rights of Latino prisoners in MCSO jails who have limited English skills.  It is essential as a safety matter and as a civil rights matter for officials who administer a jail to ensure that employees can effectively communicate with prisoners who have limited English skills.  MCSO recognizes this obligation. In a position statement of June 14, 2010, MCSO noted the importance of providing language assistance to LEP prisoners, stating that such assistance is “essential to the overall operation of the jails and the safety of the prisoners and officers.”

The complaint outlines how MCSO failed to put this into practice in its jails.  MCSO and Sheriff Arpaio routinely failed to provide necessary Spanish language assistance to Latino prisoners with limited English skills.  As the complaint outlines, MCSO detention officers routinely issue commands only in English.  In some instances, when Latino prisoners with limited English skills failed to follow a command given in English because they could not understand, the detention officers placed an entire area of a jail in lockdown.  This incites obvious and unwarranted hostility toward the inmates, potentially placing prisoners and officers alike in harm’s way.

In other circumstances, MCSO detention officers have forced Latino prisoners with limited English skills to sign key legal documents printed in English, in which they forfeited key rights.

MCSO’s failure to provide effective language assistance services is a violation of the civil rights of Latino prisoners with limited English skills, and is a substantial departure from generally accepted correctional standards.

The third category flows from Sheriff Arpaio and MCSO’s pattern or practice of retaliating against perceived critics of MCSO practices.  The complaint outlines a number of instances where MCSO and Sheriff Arpaio have targeted a range of people, including judges, lawyers, and community leaders who made statements or took actions that they either disliked or perceived were critical of MCSO or the Sheriff.

A hallmark of our democracy is freedom of expression.   It is equally important that dedicated public servants are able to carry out their responsibilities without fear of unlawful, retaliatory reprisals.   The complaint outlines a series of retaliatory actions by MCSO and Arpaio, designed to silence and punish perceived critics, with the added effect of chilling would-be critics.  Retaliatory activities were directed at public officials, judges and private citizens engaged in lawful protests.     For instance, the complaint quotes from a recent opinion arising out of an ethics complaint filed against the former County Attorney and two of his assistants, which found the Sheriff and others to be involved in “a concerted effort to wrestle power from [the Maricopa Board of Supervisors], County officials and Superior Court judges, and to instill fear in the hearts of those who would resist.”

Nobody is above the law, and nobody can misuse the legal process to silence those with different opinions.

Leadership starts at the top, and all of the alleged violations outlined in the complaint are the product of a culture of disregard for basic rights within MCSO that starts at the top and pervades the organization.   The complaint alleges that MCSO employees frequently use derogatory terms such as “wetback” and “Mexican bitches” to refer to Latinos.   Such words and actions exemplify the culture of bias that contributes to the unlawful actions.

In terms of next steps, the matter will now be assigned to a federal judge, and we will follow the Court’s direction.   Our goal remains the same: we want to fix the problems and work collaboratively with the defendants, the community, and the court, to devise and implement a comprehensive blueprint for sustainable reform.   We recognize the hard and dangerous work law enforcement officers do every day.   Our work is intended to make their work more effective and safer.

I would rather fix the problem than debate the existence of a problem.   It was ironic that yesterday, the same day that the defendants received our letter informing them that a lawsuit was imminent, Sheriff Arpaio released a 17-page document entitled, “Integrity, Accountability, Community.” We see these 17 pages as largely an admission of the problem. As our complaint states, MCSO’s failure to ensure integrity and accountability has led to a crisis of confidence within the community. While it is noteworthy and perhaps heartening that a number of these changes appear to be taken from the 128 page proposed settlement agreement that we provided back in February, this too little, too late document cobbled together beyond the 11th hour, is no substitute for meaningful reform.

It is time to forge comprehensive, sustainable solutions that include meaningful, independent oversight. Unfortunately, today’s complaint, and the time-consuming path that will follow, is the only way forward.

AT WORK ON THE AMPHIBIOUS TRANSPORT SHIP USS NEW YORK

The amphibious transport dock ship USS New York (LPD 21) performs simultaneous well deck and flight deck operations. New York is part of the Iwo Jima Amphibious Ready Group and has embarked elements of the 24th Marine Expeditionary Unit (24th MEU) and is deployed supporting maritime security operations and theater security cooperation efforts in the U.S. 6th Fleet area of responsibility. U.S. Navy photo by Mass Communication Specialist 3rd Class Ian Carver (Released) 120507-N-XK513-008

EPA: SYSTEMS USED TO CAPTURE HARMFUL VAPORS AT GAS STATIONS WILL BE PHASED OUT

Photo:  Wikimedia   
FROM:  U.S. EVIRONMENTAL PROTECTION AGENCY
EPA Updates Clean Air Act Requirements for Gas Stations to Reflect New Vehicle Technologies
Widespread use of advanced vehicle technologies capture harmful gasoline vapors when refueling, delivering more cost-effective emissions reductions

WASHINGTON - The U.S. Environmental Protection Agency (EPA) has determined that the systems used at gas station pumps to capture harmful gasoline vapors while refueling cars can be phased out. Modern vehicles are equipped to capture those emissions. This final rule is part of the Obama Administration’s initiative to ensure that regulations protect public health and the environment without being unnecessarily burdensome to American businesses.

Beginning later this year, states may begin the process of phasing out vapor recovery systems at the pump since approximately 70 percent of all vehicles are equipped with on-board systems that capture these vapors. This final rule will ensure that air quality and public health are protected while potentially saving the approximately 31,000 affected gas stations located in mostly urban areas more than $3,000 each year when fully implemented.

Since 1994, gas stations in areas that do not meet certain air quality standards have been required to use gasoline vapor recovery systems. The systems capture fumes that escape from gasoline tanks during refueling. However, as required by the Clean Air Act, automobile manufacturers began installing onboard refueling vapor recovery (ORVR) technologies in 1998, making gas stations’ systems increasingly redundant. Since 2006, all new automobiles and light trucks (pickups, vans and SUVs) are equipped with ORVR systems.

Gasoline vapors from refueling, if allowed to escape, can contribute significantly to ground-level ozone, sometimes called smog, as well as to other types of harmful air pollution. Breathing air containing high levels of smog can reduce lung function and increase respiratory symptoms, aggravating asthma or other respiratory conditions and other health conditions. Gasoline vapors also contain toxic air pollutants associated with a variety of health threats.

This final rule responds to public comments on EPA’s July 2011 proposal, and will take effect upon publication in the Federal Register.

"IMAGINE" GROUP MEMBER PLEADS GUILTY TO COPYRIGHT INFRINGEMENT CONSPIRACY

Photo:  Wikimedia
FROM:  U.S. DEPARTMENT OF JUSTICE
Thursday, May 10, 2012
California Member of the Internet Piracy Group “IMAGiNE” Pleads Guilty to Copyright Infringement Conspiracy

WASHINGTON – A California man pleaded guilty yesterday to conspiring to willfully reproduce and distribute tens of thousands of infringing copies of copyrighted works without permission, including infringing copies of movies before they were commercially released on DVD, Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney for the Eastern District of Virginia Neil H. MacBride and Special Agent in Charge John P. Torres of U.S. Immigration and Customs Enforcement Homeland Security Investigations (ICE-HSI) in Washington, D.C., announced today.

Sean M. Lovelady, 28, of Pomona, Calif., pleaded guilty to one count of conspiracy to commit criminal copyright infringement.  The plea was entered before U.S. District Judge Arenda L. Wright Allen in the Eastern District of Virginia.  Lovelady faces up to five years in prison, a fine of $250,000 and three years of supervised release.
Lovelady was indicted on April 18, 2012, along with three other leading members of the IMAGiNE Group, an organized online piracy group seeking to become the premier group to first release Internet copies of new movies only showing in theaters.

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

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

This case is part of efforts being undertaken by the Department of Justice Task Force on Intellectual Property (IP Task Force) to stop the theft of intellectual property.  Attorney General Eric Holder created the IP Task Force to combat the growing number of domestic and international intellectual property crimes, protect the health and safety of American consumers, and safeguard the nation’s economic security against those who seek to profit illegally from American creativity, innovation and hard work.  The IP Task Force seeks to strengthen intellectual property rights protection through heightened criminal and civil enforcement, greater coordination among federal, state and local law enforcement partners, and increased focus on international enforcement efforts, including reinforcing relationships with key foreign partners and U.S. industry leaders.  To learn more about the IP Task Force, go towww.justice.gov/dag/iptaskforce.

This investigation was supported by the HSI-led National Intellectual Property Rights Coordination Center (IPR Center) in Washington.  The IPR Center is one of the U.S. government’s key weapons in the fight against criminal counterfeiting and piracy.  As a task force, the IPR Center uses the expertise of its 20 member agencies to share information, develop initiatives, coordinate enforcement actions and conduct investigations related to IP theft.  Through this strategic interagency partnership, the IPR Center protects the public's health and safety, the U.S. economy and our war fighters.

U.S. PRESIDENT OBAMA MEETS WITH NATO SECRETARY GENERAL RASMUSSEN

Photo:  White House Oval Office.  Credit:  Wikimedia
FROM:  AMERICAN FORCES PRESS SERVICE 
WASHINGTON, May 9, 2012 - President Barack Obama met today with NATO Secretary General Anders Fogh Rasmussen in the Oval Office to discuss preparations for the May 20-21 NATO summit meeting in Chicago, according to a White House press release.

Obama and Rasmussen agreed that the summit would focus on three important topics: Afghanistan, defense capabilities, and partnerships, according to the release.

On Afghanistan, the President and Rasmussen agreed that the NATO Summit should reaffirm allied commitment to the transition framework agreed to at Lisbon, the release said, while planning for the final stages of that transition -- including a shift next year from combat to a support role, as well as enduring support for sufficient and sustainable Afghan forces.

Obama and Rasmussen also agreed that the Chicago NATO meeting should highlight the commitment of allies to field the defense capabilities that NATO needs for the 21st century, according to the release. They discussed their expectation that allies would be in a position to announce progress on a number of key capabilities initiatives, including on missile defense.

Finally, the President and the Secretary General discussed the importance of NATO's partnerships with non-NATO countries, the release said. NATO is now a hub for a global network of security partners which have served alongside NATO forces in Afghanistan, Libya, and Kosovo.

Recognizing the important contributions provided by NATO partner nations, Obama and Ramussen said they welcome the recent decision by allies to invite a group of thirteen partner nations to Chicago for an unprecedented meeting to discuss ways to further broaden and deepen NATO's cooperation with partner nations.

U.S. NAVY AND DRUG INTERDICTION

FROM.:  U.S. NAVY
USS Nicholas Supports Drug Interdiction
NORFOLK (Jan. 17, 2012) A tugboat assists the guided-missile frigate USS Nicholas (FFG 47) as it departs Naval Station Norfolk for a scheduled deployment to South America. Nicholas will be joining other U.S. and partner-nation ships in support of Navy maritime interception operations. (U.S. Navy Photo by Mass Communication Specialist 3rd Class Kayla Jo Finley/Released) 

By Lt. Matt Phillips, USS Nicholas Public Affairs
USS NICHOLAS, At Sea (NNS) -- Guided missile frigate USS Nicholas (FFG 47) assisted partner nation forces with the interdiction of a vessel carrying nearly 2,200 kilograms (4,850 pounds) of cocaine, with an estimated street value of more than $363 million, in the eastern Pacific May 6.

The interdiction was conducted as part of Operation Martillo, a U.S., European, and Western Hemisphere partner nation effort targeting illicit trafficking routes in coastal waters along the Central American isthmus. 'Martillo' is the Spanish word for 'hammer.'

A U.S. Customs and Border Protection P-3 Orion initially detected the speedboat, "El Kike," and then turned over tracking to a helicopter from Nicholas. The helicopter tracked the suspect "go-fast" vessel until Nicholas was in position to make a coordinated approach with the helicopter. The go-fast vessel then stopped, jettisoned approximately half of its cargo, then turned and made best speed to Colombia.

Nicholas, with embarked U.S. Coast Guard Law Enforcement Detachment (LEDET), adjusted course while contacting nearby forces - USS McClusky (FFG 41) and Colombian navy ship ARC 20 de Julio for assistance. A helicopter attached to McClusky maintained surveillance of the go-fast and was able to divert the speedboat into Colombian territorial waters where it was interdicted by the Colombian navy.

"With the help of some friends, we accomplished what we set out to do - disrupt the drug trade," said Cmdr. Stephen Fuller, commanding officer of Nicholas. "Interdictions are challenging, but with the help of McClusky, [U.S.] Customs, and the Colombian navy, we executed a successful operation."

U.S. military participation in Operation Martillo is being led by Joint Interagency Task Force-South, a component of U.S. Southern Command (USSOUTHCOM). Operation Martillo is a component of the U.S. government's coordinated interagency regional security strategy in support of the White House strategy to combat transnational organized crime and the U.S. Central America Regional Security Initiative.

U.S. Naval Forces Southern Command and U.S. 4th Fleet (COMUSNAVSO/C4F) supports USSOUTHCOM joint and combined full-spectrum military operations by providing principally sea-based, forward presence to ensure freedom of maneuver in the maritime domain, to foster and sustain cooperative relationships with international partners and to fully exploit the sea as maneuver space in order to enhance regional security and promote peace, stability, and prosperity in the Caribbean, Central and South American regions.

"LEAP FROGS" TAKE A PLUNGE AND FLY THE AMERICAN FLAG

Aircrew Survival Equipmentman 1st Class Thomas Kinn, assigned to the U.S. Navy parachute demonstration team, the Leap Frogs, flies an American flag above Rosecrans Memorial Airport during the opening ceremony of the Sound of Speed Air Show. The Leap Frogs are based in San Diego and perform aerial parachute demonstrations supporting Naval Special Warfare and Navy recruiting. U.S. Navy photo by James Woods (Released) 120505-N-IQ655-426

GENERAL SAYS CHICAGO SUMMIT WILL COVER MANY ISSUES

PHOTO:  U.S. NAVY, SANDSTORM IN AFGHANISTAN
FROM:  AMERICAN FORCES PRESS SERVICE
Summit Will Deal With Range of Issues, NATO General Says
By Jim Garamone
WASHINGTON, May 9, 2012 - Afghanistan will dominate the NATO summit in Chicago later this month, but alliance leaders will deal with other issues as well, a senior NATO commander said here yesterday.

Gen. Stephane Abrial of the French air force told the Defense Writers Group the nations' leaders also will deal with partnership capability, "smart defense" and other matters. Abrial is commander of NATO's transformation command.

"On partnership, there will be a reaffirmation that NATO does not operate in isolation," the general said. The alliance is keen to work more closely with all kinds of partners from other nations to international institutions to no-governmental organizations, he added.

The NATO-led actions in Libya are an example of the alliance working with non-NATO partners, such as the United Arab Emirates and the Arab League. NATO also works with the European Union to ensure that the two institutions work together smoothly, when needed.

How to work together with these disparate groups is part and parcel of the Allied Command Transformation mission, Abrial said.

On capabilities, the leaders will discuss the progress on decisions made at NATO's 2010 summit in Lisbon, Portugal, including the smart defense initiative. Smart defense is about how the alliance will continue to develop and maintain the capabilities needed to fulfill its missions despite the new era of austerity.

Another initiative, "connected forces," ensures that all forces can work well together. "The key word there is interoperability, and the three strands of that are training, exercises and technology," Abrial said. "When I say capabilities, I don't mean just a piece of equipment, but all aspects associated with it."

This includes doctrine, leadership, facilities and much more, he explained, and these will be discussed in Chicago.

With a few exceptions, budgets across NATO are either steady or going down, the general said. "We expect this situation to be with us for quite a while ... and therefore, it is very important we make the best possible use of every euro, dollar or pound that we get."
The United States is reducing its defense budget, but there is no danger as yet that the U.S. military will not be able to operate across the full spectrum of operations, Abrial said. "This is not possible in Europe," he added. "That is why when we look at smart defense, we look at ways to reduce the consequences of this austerity."
Part of this is aligning national priorities with NATO needs. In other words, a nation may decide to specialize in detecting biohazards, for example. Since "Nation A" has this capability, "Nation B" does not have to develop it to the same extent. Both nations, therefore, save.

"Specialization does not mean we are going to say to anybody, 'We must oblige you to do this and stop doing that,'" Abrial said. "We don't have the mandate, authority or will to do that.

PEOPLE, HISTORY AND GOVERNMENT OF KENYA

Photo:  Kenyan Supreme Court, Wikimedia 
FROM:  U.S. STATE DEPARTMENT
PEOPLE
Kenya has a very diverse population that includes three of Africa's major sociolinguistic groups: Bantu (67%), Nilotic (30%), and Cushitic (3%). Kenyans are deeply religious. About 80% of Kenyans are Christian, 11% Muslim, and the remainder follow traditional African religions or other faiths. Most city residents retain links with their rural, extended families and leave the city periodically to help work on the family farm. About 75% of the work force is engaged in agriculture, mainly as subsistence farmers. The national motto of Kenya is Harambee, meaning "pull together." In that spirit, volunteers in hundreds of communities build schools, clinics, and other facilities each year and collect funds to send students abroad.


Kenya has six full-pledged public universities: University of Nairobi, Jomo Kenyatta University of Agriculture and Technology, Egerton University, Moi University, Maseno University, Masinde Muliro University (most of these universities also have constituent colleges); and approximately 13 private universities, including United States International University. Public and private universities have a total enrollment of approximately 50,000 students with about 80% of these being enrolled in public universities (representing 25% of students who qualify for university admission). In addition, more than 60,000 students enroll in middle-level colleges where they study career courses leading to certificate, diploma, and higher diploma awards. International universities and colleges have also established campuses in Kenya where students enroll for distance learning and other flexible programs. Other Kenyan students pursue their university education abroad. More than 5,000 Kenyans are studying in the United States.


HISTORY
Fossils found in East Africa suggest that protohumans roamed the area more than 20 million years ago. Recent finds near Kenya's Lake Turkana indicate that hominids lived in the area 2.6 million years ago.


Cushitic-speaking people from what became Sudan, South Sudan, and Ethiopia moved into the area that is now Kenya beginning around 2000 BC. Arab traders began frequenting the Kenya coast around the first century AD. Kenya's proximity to the Arabian Peninsula invited colonization, and Arab and Persian settlements sprouted along the coast by the eighth century. During the first millennium AD, Nilotic and Bantu peoples moved into the region, and the latter now comprise two thirds of Kenya's population. Swahili, a Bantu language with significant Arabic vocabulary, developed as a trade language for the region.


Arab dominance on the coast was interrupted for about 150 years following the arrival of the Portuguese in 1498. British exploration of East Africa in the mid-1800s eventually led to the establishment of Britain's East African Protectorate in 1895. The Protectorate promoted settlement of the fertile central highlands by Europeans, dispossessing the Kikuyu and others of their land. Some fertile and well watered parts of the Rift Valley inhabited by the Maasai and the western highlands inhabited by the Kalenjin were also handed over to European settlers. For other Kenyan communities, the British presence was slight, especially in the arid northern half of the country. The settlers were allowed a voice in government even before Kenya was officially made a British colony in 1920, but Africans were prohibited from direct political participation until 1944 when a few appointed (but not elected) African representatives were permitted to sit in the legislature.


From 1952 to 1959, Kenya was under a state of emergency arising from the "Mau Mau" insurgency against British colonial rule in general and its land policies in particular. This rebellion took place almost exclusively in the highlands of central Kenya among the Kikuyu people. Tens of thousands of Kikuyu died in the fighting or in the detention camps and restricted villages. British losses were about 650. During this period, African participation in the political process increased rapidly.


The first direct elections for Africans to the Legislative Council took place in 1957. Kenya became independent on December 12, 1963, and the next year joined the Commonwealth. Jomo Kenyatta, an ethnic Kikuyu and head of the Kenya African National Union (KANU), became Kenya's first President. The minority party, Kenya African Democratic Union (KADU), representing a coalition of small ethnic groups that had feared dominance by larger ones, dissolved itself in 1964 and joined KANU.


A small but significant leftist opposition party, the Kenya People's Union (KPU), was formed in 1966, led by Jaramogi Oginga Odinga, a former Vice President and Luo elder. The KPU was banned shortly thereafter, however, and its leader detained. KANU became Kenya's sole political party. At Kenyatta's death in August 1978, Vice President Daniel arap Moi, a Kalenjin from Rift Valley province, became interim President. By October of that year, Moi became President formally after he was elected head of KANU and designated its sole nominee for the presidential election.


In June 1982, the National Assembly amended the constitution, making Kenya officially a one-party state. Two months later, young military officers in league with some opposition elements attempted to overthrow the government in a violent but ultimately unsuccessful coup. In response to street protests and donor pressure, parliament repealed the one-party section of the constitution in December 1991. In 1992, independent Kenya's first multiparty elections were held. Divisions in the opposition contributed to Moi's retention of the presidency in 1992 and again in the 1997 election. Following the 1997 election Kenya experienced its first coalition government as KANU was forced to cobble together a majority by bringing into government a few minor parties.


In October 2002, a coalition of opposition parties formed the National Rainbow Coalition (NARC). In December 2002, the NARC candidate, Mwai Kibaki, was elected the country's third President. President Kibaki received 62% of the vote, and NARC also won 59% of the parliamentary seats. Kibaki, a Kikuyu from Central province, had served as a member of parliament since Kenya's independence in 1963. He served in senior posts in both the Kenyatta and Moi governments, including Vice President and Finance Minister. In 2003, internal conflicts disrupted the NARC government. In 2005 these conflicts came into the open when the government put its draft constitution to a public referendum--key government ministers organized the opposition to the draft constitution, which was defeated soundly. In 2007, two principal leaders of the movement to defeat the draft constitution, Raila Odinga and Kalonzo Musyoka--both former Kibaki allies--were presidential candidates for the Orange Democratic Movement (ODM) party and the Orange Democratic Movement-Kenya (ODM-K) party, respectively. In September 2007, President Kibaki and his allies formed the coalition Party of National Unity (PNU). KANU joined the PNU coalition, although it was serving in parliament as the official opposition party.


On December 27, 2007, Kenya held presidential, parliamentary, and local government elections. While the parliamentary and local government elections were largely credible, the presidential election was seriously flawed, with irregularities in the vote tabulation process as well as turnout in excess of 100% in some constituencies. On December 30, the chairman of the Electoral Commission of Kenya declared incumbent Mwai Kibaki the winner of the presidential election. Violence erupted in different parts of Kenya as supporters of opposition candidate Raila Odinga and supporters of Kibaki clashed with police and each other. The post-election crisis left about 1,300 Kenyans dead and about 500,000 people displaced. In order to resolve the crisis, negotiation teams representing PNU and ODM began talks under the auspices of former UN Secretary General Kofi Annan and the Panel of Eminent African Persons (Benjamin Mkapa of Tanzania and Graca Machel of Mozambique).


On February 28, 2008, President Kibaki and Raila Odinga signed a power-sharing agreement, which provided for the establishment of a prime minister position (to be filled by Odinga) and two deputy prime minister positions, as well as the division of an expanded list of cabinet posts according to the parties' proportional representation in parliament. On March 18, 2008, the Kenyan parliament amended the constitution and adopted legislation to give legal force to the agreement. On April 17, 2008 the new coalition cabinet and Prime Minister Odinga were sworn in. The Kofi Annan-led political settlement also set out a reform agenda to address underlying causes of the post-election violence. The focus is on constitutional, electoral, land, and institutional reform as well as increased accountability for corruption and political violence. The new constitution was approved in a referendum on August 4, 2010. 


GOVERNMENT
The unicameral National Assembly consists of 210 members elected to a term of 5 years from single-member constituencies, plus 12 members nominated by political parties on a proportional representation basis. The president appoints the vice president; under the power-sharing agreement, the president with the agreement of the prime minister makes the initial appointment of cabinet members from among those elected to the assembly. Subsequent cabinet appointments are made by the president in consultation with the prime minister, in accord with the power-sharing agreement's proportional division of cabinet positions. The attorney general and the speaker are ex-officio members of the National Assembly.


The judiciary consists of a Supreme Court, Court of Appeal, High Court, and Magistrates’ Courts. The Chief Justice is the highest-ranking judicial official. The Supreme Court was established pursuant to the new constitution.


Local administration is divided among 140 rural districts, each headed by a commissioner appointed by the president. The districts are joined to form seven rural provinces. Nairobi has special provincial status. The Ministry of State in charge of Provincial Administration and Internal Security supervises the administration of districts and provinces.


Once implemented, the new constitution will result in significant changes to this structure, including greater devolution of power to 47 counties and creation of a second legislative chamber with responsibility for representing the interests of the counties and regions. Implementation of the new constitution will take several years, but these key changes in the structure of government should be in place in advance of national elections, which are currently slated to be held March 4, 2013. 


POLITICAL CONDITIONS
Until potentially destabilizing, widespread violence erupted following the disputed December 2007 presidential elections, Kenya had, since independence, maintained considerable stability despite changes in its political system, localized violence surrounding elections, and crises in neighboring countries. This had been particularly true since the re-emergence of multiparty democracy and the accompanying increase in freedom (including freedom of speech, the press, and assembly).


In December 2002, Kenyans held democratic and open elections, which were judged free and fair by international observers. The 2002 elections marked an important turning point in Kenya's democratic evolution as the presidency and the parliamentary majority passed from the party that had ruled Kenya since independence to a coalition of new political parties. The government lost a referendum over its draft constitution in November 2005. This vote too was widely accepted as free, fair, and credible.


Under the first presidency of Mwai Kibaki, the NARC coalition promised to focus its efforts on generating economic growth, improving and expanding education, combating corruption, and rewriting the constitution. The first two goals were largely met, but progress toward the second two goals was limited. President Kibaki's cabinet from 2002-2005 consisted of members of parliament from allied parties and others recruited from opposition parties who joined the cabinet without the approval of their party leaderships.


In early 2006, revelations from investigative reports of two major government-linked corruption scandals rocked Kenya and led to resignations, including three ministers (one of whom was later reappointed). In March 2006, another major scandal was uncovered involving money laundering and tax evasion in the Kenyan banking system. The government's March 2006 raid on the Standard Group media house conducted by masked Kenyan police was internationally condemned and was met with outrage by Kenya media and civil society. The government did not provide a sufficient explanation. No one has been held accountable.


The December 2007 elections were marred by serious irregularities, and set off a wave of violence throughout Kenya. Following the February 2008 signing of a power-sharing agreement, incumbent President Kibaki retained the presidency and opposition candidate Raila Odinga was given a newly created position of Prime Minister. A new coalition cabinet was sworn in April 2008. The 42-member cabinet became the largest in Kenya's history, including new ministries for cooperative development, Northern Kenya development, and Nairobi metropolitan development. Several ministries were also subdivided, creating a number of new cabinet positions.


Constitutional reform that addresses the structure of government to create a more effective system of checks and balances is a key element of the reform agenda agreed as part of the power-sharing agreement. Following the process for producing a new draft constitution that was set out in the December 2008 Constitutional Review Act, Kenyans went to the polls on August 4, 2010 to vote on the new constitution. Reflecting broad support for fundamental change, 66.9% of those who voted endorsed it. The new constitution retains Kenya's presidential system but introduces additional checks and balances on executive power and greater devolution of power to the sub-national level. Fully implementing the new constitution will require passage of several dozen pieces of legislation over a 5-year period. The 2013 national elections will be the first conducted under the new constitution.


The International Criminal Court summoned six Kenyans (five high-ranking government officials and one radio executive) to The Hague on charges of crimes against humanity for their alleged roles in the 2007-2008 post-election violence. They appeared at The Hague in April 2011 to be informed of the charges. Confirmation of Charges hearings were held in September 2011, and in January 2012 the pre-trial chamber of the Court confirmed charges against four of the individuals for allegedly committing crimes against humanity: Uhuru Kenyatta, Frances Muthaura, William Ruto, and Joshua Sang. The next step is for the Court to set a trial date. 

SEC CHARGES MAN WITH ALLEGED BIOPHARACEUTICAL STOCK MANIPULATION

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION

Washington, D.C., May 9, 2012 – The Securities and Exchange Commission today charged a Manhattan resident with carrying out a complex market manipulation scheme in biopharmaceutical stocks after he was kicked out of the brokerage industry for fraud.

The SEC alleges that David Blech established more than 50 brokerage accounts in the names of family members, friends, and even a private religious institution. He used those accounts to buy and sell significant amounts of stock in two biopharmaceutical companies in order to create the artificial appearance of activity in their securities so he could maintain their market price and use it to his own financial advantage. Blech, who was previously convicted of securities fraud, also solicited investments for biopharmaceutical companies – including the two companies whose stock he manipulated – despite being barred by the SEC from acting as a broker-dealer.

The SEC further alleges that Blech and his wife Margaret Chassman, who also is charged in the case, flouted federal securities laws when they repeatedly made unregistered sales of securities and failed to disclose their transactions in the various brokerage accounts.

“Blech tried to rig the market in favor of his own investments and create a mirage of activity in the stocks of biopharmaceutical companies for which he was soliciting investors,” said George S. Canellos, Director of the SEC’s New York Regional Office. “But he seriously misjudged the SEC’s determination to ensure that the securities markets function fairly.”

Sanjay Wadhwa, Associate Director of the SEC’s New York Regional Office and Deputy Chief of the Market Abuse Unit, added, “Blech hoped to avoid scrutiny by devising a complex scheme using accounts ostensibly belonging to family members and friends to place highly manipulative trades through different broker-dealers. This enforcement action demonstrates the SEC’s ability to dissect such trades and lay bare their true economic substance.”

In a parallel action, the U.S. Attorney’s Office for the Southern District of New York today announced criminal charges against Blech.

According to the SEC’s complaint filed in federal court in Manhattan, Blech engaged in his scheme at various points in 2007 and 2008, specifically manipulating the stocks of Pluristem Therapeutics Inc. and Intellect Neurosciences Inc. Blech first opened dozens of nominee accounts at several broker-dealers in the names of his wife, uncle, and sister-in law as well as a longtime friend and a company he controlled, and religious institution Central Yeshiva Beth Joseph that is managed by Blech’s cousin. Blech then used the accounts to engage in deceptive activities and carry out matched trades in Pluristem’s and Intellect’s stocks. Blech’s activity in these thinly-traded securities artificially inflated the stock price of both companies and created the false impression of a liquid market for each company. Blech then used the artificially inflated stock price to sell off his holdings of Pluristem and Intellect through the nominee accounts, and as collateral for a line of credit he established in his wife’s name.

According to the SEC’s complaint, Blech has committed prior violations of the securities laws. He pled guilty in 1998 to two counts of securities fraud and was sentenced to five years of probation. In 2000, he settled a related SEC enforcement action by accepting a permanent bar from associating with any broker-dealer.

The SEC’s complaint charges Blech with violating Section 17(a)(1) and (3) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5(a) and (c), and for acting as an unregistered broker-dealer in violation of Section 15(b)(6)(B) of the Exchange Act The complaint also charges Blech and Chassman with violating Sections 5(a) and 5(c) of the Securities Act and for failing to make filings required by Sections 13(d) and 16(a) of the Exchange Act.

The SEC’s complaint seeks a final judgment ordering Blech and Chassman to disgorge their ill-gotten gains plus prejudgment interest, pay financial penalties, and be permanently enjoined from future violations of the provisions of the federal securities laws they violated. The complaint seeks orders requiring Blech to comply with a prior SEC order barring him from association with a broker or dealer, and prohibiting him from various other stock activities.

The SEC’s investigation was conducted by Charles D. Riely and Amelia A. Cottrell – members of the SEC’s Market Abuse Unit in New York – and Shannon A. Keyes and Kathy Murdocco of the SEC’s New York Regional Office. The office’s broker-dealer examination team of Richard Heaphy, Michael McAuliffe, Simone Celio Jr., and Doreen Piccirillo provided assistance with the investigation.

The SEC acknowledges the assistance of the U.S. Attorney’s Office for the Southern District of New York, the Federal Bureau of Investigation, and the Financial Industry Regulatory Authority.

The SEC’s investigation is continuing.

WWII TUSKEGEE AIRMAN HISTORY REMEMBERED AS THE 332ND AIR EXPEDITIONARY WING COMES TO AN END

FROM:  U.S. DEPARTMENT OF DEFENSE
Maj. Gen. James Jones receives the guidon as Col. Paul Beineke relinquishes command during the 332nd Air Expeditionary Wing deactivation ceremony May 8, 2012, at an undisclosed location in Southwest Asia. The ceremony marked the second time the 332nd AEW has been deactivated. Jones is the deputy commander for U. S. Air Forces Central and Beineke is the 332nd AEW commander. (U.S. Air Force photo/Staff Sgt. Joshua J. Garcia)  

Deployed wing becomes part of Air Force, Tuskegee Airmen legacy
by Maj. Jillian Torango
332nd Air Expeditionary Wing Public Affairs

5/9/2012 - SOUTHWEST ASIA (AFNS) -- The 332nd Air Expeditionary Wing deactivated in a ceremony May 8 at an undisclosed location in Southwest Asia.

Maj. Gen. James Jones, the deputy commander of U. S. Air Forces Central, presided over the ceremony which brought a storied era of 332nd history to a close.

Also in attendance were Matthew H. Tueller, the U.S. ambassador to Kuwait, and Gen. Philip M. Breedlove, the vice chief of staff of the U.S. Air Force.

"As the largest combat wing in the Air Force for most of its time frame, this wing served with distinction," said Jones. "In the nearly 10 years since the wing flag was reinstated, the Red Tails have been the very backbone of AFCENT forces engaged in Operation Southern Watch, Operation Iraqi Freedom and Operation New Dawn."

Nearly 100,000 Airmen rotated through the wing since 2002, enabling the unit to deliver almost 600,000 hours of persistent airpower throughout the U. S. Central Command area of responsibility.

"It's fitting that, as we end our mission here, we look back and consider how much of an impact the 332nd has had across our total Air Force," said Col. Paul Beineke, 332nd AEW commander.

In 1998, the 332nd Air Expeditionary Group activated at Ahmed Al Jaber Air Base, Kuwait, where they employed A-10 Thunderbolt IIs, F-16 Fighting Falcons, HH-60 Pave Hawk rescue helicopters and HC-130 Hercules aircraft in support of Southern Watch.

Beginning in 2001, the group also participated in Operation Enduring Freedom, playing a critical role in the defeat of the Taliban regime and later providing key air support for Afghanistan's provisional government.

Later, the unit was re-designated as a wing and moved to Tallil Air Base, Iraq, in support of OIF, before ending up at Balad Air Base, Iraq, in 2004.

During the height of operations, the wing contained nine groups -- including four geographically separated groups at Ali, Sather, Al Asad, and Kirkuk air bases -- as well as numerous detachments and operating locations scattered throughout Iraq. The wing had as many as four fighter squadrons, an airlift squadron, a helicopter combat search and rescue squadron, two aerial reconnaissance squadrons and an air control squadron.

During the drawdown of forces from Iraq, the 332nd AEW provided intelligence, surveillance and reconnaissance, combat search and rescue, armed overwatch and close air support to one of the largest logistics movements since World War II.

In support of the re-posture of U.S. forces, the wing continued to support U.S. Forces-Iraq after forward deploying to an undisclosed air base in Southwest Asia in November 2011 so Joint Base Balad could be returned to the government of Iraq.

And as the last U.S. convoy left Iraq on Dec. 18, 2011, it was the 332nd AEW's F-16s and MQ-1B Predators in the skies providing overhead watch.

Through all this, the 332nd AEW tried to live up to their lineage, which reaches back to the 332nd Fighter Group and the famed Tuskegee Airmen.

"We are proud to have continued (the Tuskegee) legacy in the current era," said Beineke. "We stood up as a new wing devoted to the mission of the Iraqi campaign, and each day aware of the great heritage we're heirs of, American Airmen tackled the mission with tenacity and amazing effort."

The title Tuskegee Airmen refers to all who trained in the groundbreaking Army Air Corps pilot training program in Tuskegee, Ala., and includes pilots, navigators, bombardiers, maintenance and support staff, instructors and all the personnel who kept the planes in the air.

Their aircraft were instantly recognizable due to the distinctive red tails and propellers, and the Red Tails earned a reputation as the fighter unit bomber pilots wanted as their escorts.

By the end of World War II, 992 men had graduated from pilot training at Tuskegee. Of these Airmen, 450 were sent overseas for combat; about 150 of those men lost their lives. These African-American men ran more than 200 bomber escort missions and managed to destroy or damage more than 409 German airplanes, 950 ground units and a destroyer.

"This unit is one of the Air Force's most revered organizations, and it is an organization with a heritage of heroic contributions to the defense of freedom," said Jones. "After nearly a decade in combat, the Red Tails will once again stand inactive, awaiting their next call to defend freedom."

SECRETARY OF INTERIOR SALAZAR SPEAKS ON ENERGY PROJECTS

FROM:  DEPARTMENT OF THE INTERIOR
President Obama has made it clear that our country needs an all-of-the-above strategy to develop American energy – energy that's cleaner, cheaper, and generates new jobs for Americans.

On Tuesday, we took another major step forward in President Obama's commitment to responsibly expand development of America's abundant natural gas resources by approving the Greater Natural Buttes gas development project in Utah.

This project, proposed by Anadarko Petroleum Corporation, could produce more than six trillion cubic feet of natural gas over its life, support more than 4,000 American jobs during the different phases of development, and infuse millions of dollars into local Utah communities.

The project is a model for a balanced approach to energy development: by using innovative technologies and best practices, the project will limit new surface disturbance to just five percent of the area. And, as part of a landmark cooperative agreement with the Southern Utah Wilderness Alliance, Anadarko will drill the 3,600 new wells while safeguarding air quality and ensuring the protection of critical wildlife habitat and outdoor recreation values.

Today's announcement exemplifies the kind of progress we are making as part of the Administration's all-of-the-above energy strategy. In 2011, U.S. natural gas production grew by more than 7 percent – the largest year-over-year increase in history. U.S. gas production is now at an all-time high and oil production is at an eight-year high. And America's dependence on foreign oil has gone down every single year since President Obama took office; we have cut net imports by ten percent – or a million barrels a day – in the last year alone.

But that's not all. Renewable energy production has nearly doubled over the last three years. And on public lands, we are well on our way to meeting the President's goal of permitting 10,000 megawatts of large-scale renewable power by the end of the year.

Earlier this week, in the sun-drenched southwest corner of Nevada, we "flipped the switch" on the first large-scale solar energy facility on U.S. public lands to deliver power to American consumers. The Enbridge Silver State North solar facility uses innovative photovoltaic technology to deliver clean energy to more than 10,000 homes and businesses across Nevada.

The 50-megawatt project generates electricity with no air emissions, no waste production, and no water use. The advanced process displaces about 42,000 metric tons of carbon dioxide annually – the equivalent of taking 8,000 cars off the road.

Prior to 2009, Interior had not authorized a single solar project on public lands. But today, the Silver State North project is one of 29 large-scale renewable energy projects that Interior has approved on public lands, including 16 solar projects, 5 wind farms, and 8 geothermal plants. If built by the companies, the facilities will provide more than 6,500 megawatts of power to communities across the West.

We need to keep this momentum going and help put America in control of its energy future. That's why President Obama has called on Congress to pass legislation that will extend the Production Tax Credit to support American jobs and manufacturing in the wind industry alongside an expansion of the 48C Advanced Energy Manufacturing Tax Credit that supports American-made clean energy manufacturing.

All of these trends show the gathering strength of America’s energy economy as we move forward with an all-of-the-above energy strategy.

Thank you,

Ken Salazar
Secretary of the Interior

PUBLIC LANDS IN NEVADA NOW HOST LARGE-SCALE SOLAR ENERGY PROJECT

FROM:  U.S. DEPARTMENT OF INTERIOR
Salazar ‘Flips the Switch’ on First Large-Scale Solar Energy Project on Public Lands to Provide Power to the Grid
Nevada’s Silver State North Marks Milestone in Renewable Energy
PRIMM, Nevada – As part of President Obama’s all-of-the-above approach to energy, Secretary of the Interior Ken Salazar “flipped the switch” on the Enbridge Silver State North solar project, the first large-scale solar energy facility on U.S. public lands to deliver power to American consumers.

This milestone is in line with the administration’s broad commitment to expanding production of all sources of American made energy, including from renewable sources, such as wind and solar, which has doubled in the President’s first term, as well as domestic production of oil and gas resources, which have increased each year the President has been in office.

“This is a landmark day for solar energy and for the nation,” Salazar said at the dedication ceremony with state and company officials. “Silver State North was the first solar project we approved on public lands in Nevada and --18 months later -- the first of our priority projects to provide clean energy to the power grid. This is a model of industry and government working together to strengthen local economies, generating good jobs and affordable, reliable and sustainable power.”

The Interior Department has undertaken an unprecedented approach to permitting renewable energy on public lands. Prior to 2009, there were no solar energy projects permitted on public lands. Under Secretary Salazar and Bureau of Land Management Director Bob Abbey’s leadership, Interior has authorized 29 large-scale renewable energy projects on or involving public lands, including 16 solar facilities, 5 wind farms, and 8 geothermal plants. When completed, these projects will provide more than 6,500 megawatts of power to communities across the West, enough to power more than 2 million homes.

“Public lands provide Americans with vital mineral and agricultural resources, as well as recreational opportunities that help power local economies and generate jobs around the nation,” said Bob Abbey, Director of the Bureau of Land Management. “Today in Clark County, Nevada, we are adding solar energy to that public lands’ portfolio of benefits. This project symbolizes a new partnership between government and industry that can responsibly tap the immense renewable energy resources of this great state, provide clean, reliable power to homes and businesses, and open a new chapter in the beneficial use of our nation’s public lands.”

Located 40 miles south of Las Vegas, Nevada, Silver State North is a 50-megawatt plant that will use photovoltaic technology to generate enough power for about 9,000 Nevada homes. Developed by First Solar and owned by Enbridge, the project employed more than 380 construction workers during peak construction and 650 individuals over the course of the project. NV Energy has a power purchase agreement to sell the solar project’s electricity to the Nevada market.

By harnessing the area’s vast solar resources, the Silver State North facility generates electricity with no air emissions, no waste production, and no water use. The plant, using technology with the smallest carbon footprint of any PV solar system, displaces about 42,000 metric tons of carbon dioxide annually – the equivalent of taking 8,000 cars off the road. The project site is strategically located near a major transmission hub.

Constructed on 618 acres of public land managed by Interior’s Bureau of Land Management, the solar project underwent full environmental analysis and public review. The BLM worked closely with federal, state and local partners, members of the environmental and conservation community, and interested stakeholders to protect wildlife and advance this environmentally sound project. First Solar and the BLM worked in concert with the U.S. Fish and Wildlife Service to develop a relocation/translocation plan for desert tortoises found on the site. The BLM also required a natural color palette for painted structures and controlled night lighting, designed to reduce visual impacts on the local community.

The Bureau of Land Management oversees more than 2.5 million acres in Clark County, Nevada, including over 1.1 million acres managed for conservation. This includes over 709,000 acres of habitat the BLM has designated primarily for the conservation of the threatened desert tortoise.

NEW FEMA WATCH CENTER OPENS IN ATALANTA GEORGIA

FROM:  FEMA

Atlanta, Ga., May 7, 2012 -- Administrator W. Craig Fugate visits Region IV for the opening and ribbon cutting of the new watch center. The Watch Center is the initial point of response to All-hazards events occurring in the Region and makes initial contact with States and other Federal agencies during significant events. Tim Burkitt/FEMA