REPORT: CORRELATION BETWEEN GLOBAL CLIMATE AND ATMOSPHERIC CARBON DIOXIDE LEVELS

The phytoplankton Emiliania huxleyi offers new clues about climate past, present and future. Photo Credit:  Wikimedia.

June 6, 2012

Until now, studies of Earth's climate have documented a strong correlation between global climate and atmospheric carbon dioxide; that is, during warm periods, high concentrations of CO₂ persist, while colder times correspond to relatively low levels.

However, in this week's issue of the journal Nature, paleoclimate researchers reveal that about 12-5 million years ago climate was decoupled from atmospheric carbon dioxide concentrations. New evidence of this comes from deep-sea sediment cores dated to the late Miocene period of Earth's history.

During that time, temperatures across a broad swath of the North Pacific were 9-14 degrees Fahrenheit warmer than today, while atmospheric carbon dioxide concentrations remained low--near values prior to the Industrial Revolution.

The research shows that, in the last five million years, changes in ocean circulation allowed Earth's climate to become more closely coupled to changes in carbon dioxide concentrations in the atmosphere.

The findings also demonstrate that the climate of modern times more readily responds to changing carbon dioxide levels than it has during the past 12 million years.

"This work represents an important advance in understanding how Earth's past climate may be used to predict future climate trends," says Jamie Allan, program director in the National Science Foundation's (NSF) Division of Ocean Sciences, which funded the research.

The research team, led by Jonathan LaRiviere and Christina Ravelo of the University of California at Santa Cruz (UCSC), generated the first continuous reconstructions of open-ocean Pacific temperatures during the late Miocene epoch.

It was a time of nearly ice-free conditions in the Northern Hemisphere and warmer-than-modern conditions across the continents.

The research relies on evidence of ancient climate preserved in microscopic plankton skeletons--called microfossils--that long-ago sank to the sea-floor and ultimately were buried beneath it in sediments.

Samples of those sediments were recently brought to the surface in cores drilled into the ocean bottom.  The cores were retrieved by marine scientists working aboard the drillshipJOIDES Resolution.

The microfossils, the scientists discovered, contain clues to a time when the Earth's climate system functioned much differently than it does today.

"It's a surprising finding, given our understanding that climate and carbon dioxide are strongly coupled to each other," LaRiviere says.

"In the late Miocene, there must have been some other way for the world to be warm. One possibility is that large-scale patterns in ocean circulation, determined by the very different shape of the ocean basins at the time, allowed warm temperatures to persist despite low levels of carbon dioxide."

The Pacific Ocean in the late Miocene was very warm, and the thermocline, the boundary that separates warmer surface waters from cooler underlying waters, was much deeper than in the present.

The scientists suggest that this deep thermocline resulted in a distribution of atmospheric water vapor and clouds that could have maintained the warm global climate.

"The results explain the seeming paradox of the warm--but low greenhouse gas--world of the Miocene," says Candace Major, program director in NSF's Division of Ocean Sciences.

Several major differences in the world's waterways could have contributed to the deep thermocline and the warm temperatures of the late Miocene.

For example, the Central American Seaway remained open, the Indonesian Seaway was much wider than it is now, and the Bering Strait was closed.

These differences in the boundaries of the world's largest ocean, the Pacific, would have resulted in very different circulation patterns than those observed today.

By the onset of the Pliocene epoch, about five million years ago, the waterways and continents of the world had shifted into roughly the positions they occupy now.

That also coincides with a drop in average global temperatures, a shoaling of the thermocline, and the appearance of large ice sheets in the Northern Hemisphere--in short, the climate humans have known throughout recorded history.

"This study highlights the importance of ocean circulation in determining climate conditions," says Ravelo. "It tells us that the Earth's climate system has evolved, and that climate sensitivity is possibly at an all-time high."

Other co-authors of the paper are Allison Crimmins of UCSC and the U.S. Environmental Protection Agency; Petra Dekens of UCSC and San Francisco State University; Heather Ford of UCSC; Mitch Lyle of Texas A&M University; and Michael Wara of UCSC and Stanford University.

DETROIT RESIDENT SENTENCED TO 30 MONTHS IN PRISON FOR PART IN MEDICARE FRAUD SCHEME

FROM:  U.S. DEPARTMENT OF JUSTICE
Thursday, June 7, 2012
Co-Owner of Detroit-Area Therapy Company Sentenced to 30 Months for Medicare Fraud Scheme
WASHINGTON – The co-owner of a Detroit-area physical and occupational therapy company was sentenced today to 30 months in prison for his leading role in a more than $1.9 million Medicare fraud scheme, announced the Department of Justice, the FBI and the Department of Health and Human Services (HHS).

Victor Jayasundera, 59, was sentenced by U.S. District Judge Avern Cohn in the Eastern District of Michigan.  In addition to his prison term, Jayasundera was sentenced to three years of supervised release and was ordered to pay $855,484 in restitution, joint and several with his co-defendants.

Jayasundera pleaded guilty on Jan. 18, 2012, to the charges against him in a superseding indictment:  one count of conspiracy to commit health care fraud and six counts of health care fraud.  According to the superseding indictment, Jayausundera co-owned a company known as Jos Campau Physical Therapy with co-defendant Fatima Hassan.  Jos Campau Physical Therapy did not have a Medicare provider number and was not entitled to bill Medicare for therapy services.

According to the superseding indictment and evidence presented at the trial of a co-defendant, Jos Campau paid kickbacks to recruiters who obtained Medicare beneficiary information and signatures needed to create fictitious physical and occupational therapy files.  The Medicare beneficiaries pre-signed forms and visit sheets that were later falsified to indicate that they received therapy services that were never provided.

Jayasundera, a physical therapist, falsified patient evaluation forms and fictitious patient notes for physical therapy services that were never rendered.  Jayasundera and his co-owner also hired and paid an occupational therapist and an uncertified occupational therapy assistant to falsify medical files.  The occupational therapist created patient evaluation forms for beneficiaries whom she had never met, seen or evaluated.  The uncertified therapy assistant fabricated and signed patient notes for occupational therapy visits.  The uncertified therapy assistant did not provide the services reflected in the fictitious patient notes.

Jayasundera and his co-owner sold the fictitious physical and occupational therapy files to multiple fraudulent therapy companies that had obtained Medicare provider numbers.  Those companies billed the fictitious files created by Jos Campau Physical Therapy to Medicare and paid kickbacks to Jos Campau Physical Therapy based on these billings.  Jayasundera and his co-owner split the profits from the sale of the falsified files.

Between approximately June 2005 and May 2007, the false files created and sold by Jos Campau Physical Therapy resulted in the submission of approximately $1.9 million in fraudulent claims to the Medicare program for physical and occupational therapy services that were never rendered.

Jayasundera’s co-owner, Fatima Hassan, pleaded guilty on Aug. 25, 2011, for her role in the scheme, and on May 17, 2012, was sentenced to 48 months in prison.  Carol Gant, the occupational therapist, and Vanessa Dowell, the uncertified occupational therapy assistant, also pleaded guilty in 2011.  Tariq Mahmud, the owner of a Medicare provider company that bought and billed Jos Campau Physical Therapy’s fake files, was convicted at trial on Feb. 2, 2012, for his role in the scheme and is scheduled to be sentenced on July 19, 2012.

Today’s sentence was announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney for the Eastern District of Michigan Barbara L. McQuade; Special Agent in Charge Andrew G. Arena of the FBI’s Detroit Field Office; and Special Agent in Charge Lamont Pugh III of the HHS Office of Inspector General’s (OIG) Chicago Regional Office.

This case was prosecuted by Trial Attorney Catherine K. Dick and Assistant Chief Benjamin D. Singer of the Criminal Division’s Fraud Section.  It was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan.

Since their inception in March 2007, the Medicare Fraud Strike Force operations in nine districts have charged more than 1,330 individuals who collectively have falsely billed the Medicare program for more than $4 billion.  In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.

AMERICAN SAMOA DEPARTMENT OF EDUCATION OFFICIAL SENTENCED TO PRISON

FROM:  U.S. DEPARTMENT OF JUSTICE
Friday, June 8, 2012
American Samoa Department of Education Official Sentenced to 35 Months in Prison for Witness Tampering and Obstruction of Justice
WASHINGTON – Paul Solofa, the former chief financial officer for the Department of Education for the government of the U.S. Territory of American Samoa was sentenced today to 35 months in prison following his conviction earlier this year for his efforts to obstruct a federal grand jury and law enforcement investigation into a bribery scheme, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division.

The sentence was imposed by U.S. District Court Judge Reggie B. Walton in the District of Columbia.  After a four-day trial in January 2012, a federal jury in the District of Columbia found Solofa, 50, guilty of one count of witness tampering and one count of obstruction of justice.

According to evidence presented at trial, in approximately early 2008, federal authorities began conducting an investigation into allegations of cash bribes and kickbacks paid by vendors to officials of the American Samoa Government in connection with the government’s purchase of school bus parts and services.

According to the trial evidence, Solofa met on April 3, 2009, with a school bus parts vendor who told Solofa that the FBI was interested in interviewing the vendor regarding the bus parts investigation.  Solofa, in a recorded meeting, allegedly told the vendor that, “They cannot do anything with cash.  Nothing.  They cannot do anything with cash.  They cannot track down you on cash.  Because even if you say you gave me cash I'll tell them ‘no.’  They cannot take your word on cash.  Because that’s hearsay.  So you know, but the best thing for you to do is ‘nope, I never give them any cash, I never’ – because that will open up the whole operation . . . You get what I am saying.  All you do is just tell them ‘no, yes, no, yes,’ period.”

In addition, according to the evidence presented at trial, Solofa met on April 14, 2009, with the same bus parts vendor, who told Solofa that a grand jury subpoena requiring production of specific documents and records, some of which related to Solofa and to the bus parts kickback scheme, would be issued shortly.  After discussing how to respond, Solofa told the vendor that, as for documents he did not want to produce, “[t]he only way to do it with those copies is burn it.  That way, they won’t see it, and you won’t worry that they might see it, you know. . . .  Just burn it, and nobody has a copy.”

The head of the School Bus Division for the American Samoa Department of Education, Gustav Nauer, 47, was also convicted for his role in the bribery scheme.  On June 4, 2012, Nauer was sentenced to 25 months in prison.

This case was prosecuted by Principal Deputy Chief Raymond N. Hulser and Trial Attorney Tim Kelly of the Public Integrity Section in the Justice Department’s Criminal Division.  The case was investigated by the FBI; the Office of the Inspector General for the U.S. Department of Education; and the Office of the Inspector General for the U.S. Department of the Interior.

JUSTICE AND UNITED AIRLINES SETTLE LAWSUIT REGARDING EMPLOYMENT RIGHTS OF AIR NATIONAL GUARDSMAN

FROM:  U.S. JUSTICE DEPARTMENT
Friday, June 8, 2012
Justice Department Settles Lawsuit with United Airlines to Enforce Employment Rights of Air National Guardsman
The Justice Department announced today that it has reached a settlement with United Airlines Inc., resolving TenEyck LaTourrette’s allegation that the airline violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by under compensating his retirement plan during his military service.   LaTourrette is currently a major serving in the Colorado Air National Guard and a first officer for United Airlines.

LaTourrette alleged that United Airlines based its pension contributions on a minimum monthly schedule, rather than using LaTourrette’s actual schedule during the 12 months preceding his military obligations, as required by USERRA.   Among the protections provided by USERRA are provisions related to the pension benefits a service member receives from his civilian employer.  As a general matter, Section 4318 under USERRA provides that a service member’s pension benefits will continue to accrue while he is on active duty.   To that end, USERRA requires an employer to make contributions to the pension fund of a deployed reservist “in the same manner and to the same extent the allocation occurs for other employees during the period of service.”

“This nation relies on the members of our National Guard and reserve, and this settlement exemplifies our efforts to ensure that they can serve their nation without penalty from their employers,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.
                     
Under the terms of the settlement, United Airlines will fully compensate LaTourrette for all deficient pension payments, plus any associated earnings, in full satisfaction of any and all claims.  The settlement, if approved by the court, would resolve all of the allegations that United Airlines violated USERRA with respect to LaTourrette’s pension claim.

USS UNDERWOOD CREW COMMEMORATE CHILEAN NAVAL HERO ARTURO PRAT

FROM:  U.S. NAVY

VALPARAISO, Chile (June 6, 2012) Cmdr. Peter T. Mirisola, commanding officer of the Oliver Hazard Perry-class guided-missile frigate USS Underwood (FFG 36), and officers from the Chilean navy and U.S Military Group in Chile salute during a wreath-laying ceremony at the Arturo Prat Monument in Valparaiso, Chile. Underwood is deployed to Central and South America and the Caribbean in support of Southern Seas 2012. (U.S. Navy photo by Mass Communication Specialist 3rd Class Frank J. Pikul/Released) 

Underwood Crew Commemorates Chilean Naval Hero
By Mass Communication Specialist 3rd Class Frank J. Pikul, Southern Seas
2012 Public Affairs
VALPARAISO, Chile (NNS) -- Crew members from the Oliver Hazard Perry-class guided-missile frigate USS Underwood (FFG 36) participated in a wreath-laying ceremony at the Arturo Prat Monument in Valparaiso, Chile, June 6.

The ceremony was held to honor Capt. Arturo Prat, a Chilean naval hero, and other fallen Chilean sailors who fought during the War of the Pacific.

"The Chileans honor Capt. Arturo Prat and the other sailors who fought beside him because they respect the bravery of the men who followed him into battle," said Cmdr. David Brown, a U.S. Navy representative in Chile. "Those sailors sacrificed their lives in the defense of Chile."

The War of the Pacific was fought between Chile and Peru in the late 19th century. During the Battle of Iquique, Prat attempted to board a Peruvian vessel and was killed during the attack. His bravery is honored every year by the Chilean president's visit to the monument. May 21, the anniversary of the battle, is also annually celebrated in Chile as "Navy Day."

"The Chileans are very proud of their naval heritage and traditions and they honor bravery," said Brown.

Approximately 10 Sailors from Underwood were selected to attend the ceremony and were invited to tour the crypt beneath the monument, a special honor as the crypt is only opened three times a year.

"I think it is good to let the Sailors from Underwood experience this because it is a part of naval history and gives a unique perspective on how other navies honor their dead," said Brown.

Underwood is in Chile to promote cooperation and friendship between the U.S. and Chilean navies and is deployed to Central and South America and the Caribbean in support of Southern Seas 2012.

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.

A LOOK AT REAL LIFE COMMANDOS IN COMPETITION

FROM:  AMERICAN FORCES PRESS SERVICE 
A member of the U.S. special operations forces competes in the rifle qualification event for Fuerzas Comando, June 7, 2012, at the Colombian National Training Center in Tolemaida, Colombia. Photo by Army Sgt. Karen Kozub  

Commando Competition Promotes Special Ops Skills, Collaboration
By Donna Miles
WASHINGTON, June 8, 2012 - As elite commandos from across the Western Hemisphere compete this week in a grueling counterterrorism and special operations skills competition, the commander of Special Operations Command South said they're building the relationships required to confront transnational organized crime gripping much of the region.

Fuerzas Comando 2012 kicked off this week at the Colombian National Training Center in Tolemaida, Colombia.

Competitors from 21 nations across the Americas and the Caribbean are taking part in the ninth annual event, sponsored by U.S. Southern Command and designed to promote military-to-military relationships, increased interoperability and improved regional security, Navy Rear Adm. Thomas L. Brown, II, told American Forces Press Service.

The participants in this year's Fuerzas Comando hail from The Bahamas, Belize, Canada, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Guyana, Honduras, Jamaica, Mexico, Panama, Paraguay, Peru, Trinidad and Tobago, the United States and Uruguay.

The eight-day competition consists of sniper, assault, aquatic, physical fitness, strength and endurance events that challenge commandos psychologically, as well as physically. It will wrap up with a multinational airborne operation and wing exchange June 13, with a closing ceremony the next day.

The event has sparked healthy competition among participants, Brown said, but added that they also get to learn a lot about other regional forces and how they operate. "The practical side is that we gain a better understanding of each other's equipment, capabilities and skills," he said.

Along with better understanding, he said competitors develop the kind of mutual trust they need to work together.

"Special operations is a very human-centric business. It's not as much dependent on platforms and technical capabilities. It is really about people," Brown said. "Relationships are critical... to confront the threats that we face in the hemisphere together."
Transnational organized criminals, violent extremist groups and dangerous non-state actors present a particular challenge because they operate without respect for national boundaries and sovereignty, he noted.

Nations working to confront them don't have that advantage. "We must respect them, so we have to overcome that advantage through increased cooperation and increased information flow wherever we can," Brown said. "In a nutshell, that's the science behind why we have to work hard at this."

As special operators test their tactical skills this week, their senior military and government leaders are coming together in Bogota to explore ways to promote those efforts. Each participating nation has sent senior special operations commandos and ministerial-level policymakers associated with the country's terrorism policies, procedures and strategies to the seminar.
"This is the one forum that we have annually where we can come together as a region and talk about ideas, [about how to] increase our effect, collectively, against these dangerous non-state-actor threats we face," Brown said.

Representatives of Southcom, U.S. Special Operations Command and the U.S. interagency will participate in panel discussions and speaker engagements designed to stimulate dialogue about transnational organized crime and ways to address it. They'll share best practices and lessons learned by U.S. special operators and tips about tools they've found valuable, particularly low-cost ones with a high return. "You just can't have enough communication on that," Brown said said.

While acknowledging a temptation to overload participants with as much information as possible, Brown said he's committed to providing "a little less PowerPoint and more time for an exchange of ideas" that better promotes relationship-building.

Brown said he's particularly pleased that Mexico, Canada and the Bahamas – countries that fall under U.S. Northern Command's area of responsibility – have joined this year's event.

"Many of the challenges we face are hemispheric challenges, and they don't follow a dividing line of our national security system," he said. "We have to draw [organizational command] lines somewhere, and that is fine," he continued. "But we are working hard to break down those stovepipes and ensure that Northcom and Southcom are working together as a team. And I think this exercise is an example of how we are doing that."
Brown called Fuerzas Comando 2012 and its associated senior-leader seminar examples of a concerted effort to promote regional cooperation and engagement across the special operations community.

He noted another recent example, the International Special Operations Forces Conference that Navy Adm. William H. McRaven, the Socom commander, hosted last month in Tampa. Delegates from 96 countries gathered to exchange ideas, along with their different tactics, techniques and procedures and explored ways to establish a global special operations partnership.

"I watch the region's special operations leaders making connections and increasing the level and value of the cooperation between them," Brown said. "And I see that as a direct outshoot of exercises and forums where we develop these relationships between special operations forces across national and regional boundaries."

Brown is working with Air Force Gen. Douglas Fraser, the Southcom commander, to explore ways to expand these partnership-building initiatives into new areas. In doing so, he said he's tapping capabilities from throughout the Defense Department, including Socom, the Naval Postgraduate School's Center for Defense Analysis, the Center for Hemispheric Defense Studies and Joint Special Operations University, as well as civilian academic institutions.

"We are increasingly working on the cognitive side, sharing ideas," and encouraging more countries to work together, multinationally, he said. "So we are increasingly trying to connect the dots across the region."

As they connect the dots, Brown said he's pleased by the media attention Fuerzas Comando is receiving. It's helping to educate to the public across the hemisphere about how the United States is cooperating and sharing ideas and facilitating cooperation in support of regional security, he said.
But Brown said it's also drawing attention to the special operators from across the region who have stood up to provide that security.

"The quality and dedication of the troops from these partner nations, the pride they show, and the important role they play in security in the region is having a direct effect on people's quality of life," he said. "And I think that's a good message to get out there."

OWNER OF NON-PROFIT MEDICAL PRACTICE SENTENCED FOR TAX EVASION

FROM:  U.S. JUSTICE DEPARTMENT
Friday, June 8, 2012
Former Alabama Resident Sentenced to 53 Months in Prison for Tax EvasionTried to Hide Wife’s Income from Irs as Phony Loans

William Paul, a self-described “bishop,” was sentenced yesterday to 53 months in federal prison for tax evasion, the Justice Department and Internal Revenue Service (IRS) announced. Paul was convicted on Dec. 1, 2011, after a four-day jury trial, of four counts of evasion of his wife’s 2004 through 2007 individual income taxes and of one count of failing to file a tax return. On Nov. 16, 2011, his wife, Donna Paul, a board-certified physician, pleaded guilty to one count of tax evasion and one count of filing a false individual income tax return. She was also sentenced yesterday to three years of probation, including six months of home confinement and 200 hours of community service. U.S. District Judge Mark E. Fuller also ordered the Pauls to pay $85,396 in restitution to the IRS. Both William Paul and Donna Paul are former residents of Montgomery, Ala.

According to evidence introduced at trial and documents filed with Donna Paul’s plea agreement, Donna and William Paul owned and operated a medical practice in Montgomery, which was registered as a non-profit organization. The Pauls attempted to evade the assessment and payment of Donna Paul’s income by falsely characterizing her income as loans, by making false statements to IRS employees, and by deliberately causing the non-profit organizations to not file tax returns.

Evidence at trial further showed that Donna Paul did not timely file federal individual income tax returns for the years 2004 through 2007. On April 5, 2011, the day special agents from IRS-Criminal Investigation arrested her, Donna Paul filed four false individual income tax returns for tax years 2004 through 2007. She testified at trial that none of these tax returns included money she earned from her medical practice.

Based on testimony at trial, William Paul had not filed a federal income tax return since the 1980s. Donna Paul also testified that William Paul ran the business side of the medical practice, initially called “Rheumatology Specialists of Central Alabama,” then “Rheumatology Specialists Arthritis and Osteoporosis Center,” then “Children and Adult Arthritis and Osteoporosis Center.”

Kathryn Keneally, Assistant Attorney General of the Justice Department’s Tax Division, thanked special agents of IRS-Criminal Investigation, who investigated the case, Tax Division Trial Attorneys Justin Gelfand and Michael Boteler, who prosecuted the case, and George L. Beck Jr., U.S. Attorney for the Middle District of Alabama, and his entire office for their assistance in the prosecution.

LOBBYIST INDICTED FOR MAKING ILLEGAL CONTRIBUTIONS TO A CONGRESSMAN

FROM:  U.S. DEPARTMENT OF JUSTICE
Wednesday, June 6, 2012
Nevada Lobbyist Harvey Whittemore Indicted for Making Unlawful Campaign Contributions and Lying to Investigators
WASHINGTON – Nevada lobbyist and lawyer Harvey Whittemore was indicted today in the District of Nevada by a federal grand jury on charges that he made unlawful campaign contributions to an elected member of Congress, caused false statements to be made to the Federal Election Commission (FEC) and lied to the FBI, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and Daniel G. Bogden, U.S. Attorney for the District of Nevada.

F. Harvey Whittemore, 55, of Reno, Nevada, was charged with one count of making excessive campaign contributions, one count of making contributions in the name of others and two counts of making a false statement to a federal agency.  Whittemore is scheduled to appear before a U.S. Magistrate Judge in Reno, Nevada, on June 7, 2012, at 3:00 p.m. PDT for arraignment.  If convicted, Whittemore faces up to five years in prison and a $250,000 fine on each count.

“Mr. Whittemore allegedly used his family members and employees as conduits to make illegal contributions to the campaign committee of an elected member of Congress,” said Assistant Attorney General Breuer.  “Furthermore, according to today’s indictment, he attempted to conceal his crimes by lying to the FBI.  Our campaign finance laws establish maximum limits on individual contributions, and failure to adhere to those rules jeopardizes the integrity of our elections.  We will continue to pursue those who engage in such conduct.”

“We remain committed to investigating and prosecuting illegal behavior that jeopardizes the integrity of our elections and corrupts our political process,” said U.S. Attorney Bogden. “Campaign finance laws exist to protect that process and criminal violations of those laws will be vigorously prosecuted by this office.”

Under federal law, it is illegal to contribute to a federal political campaign using a conduit in order to hide the identity of the true contributor.  Federal law also sets limits on the amount that an individual can contribute to a campaign.  In 2007, the maximum individual contribution was $2,300 for a primary election and $2,300 for a general election; thus, the maximum for one candidate was $4,600.

The indictment states that Whittemore was the chief executive of Company A.  On about Feb. 21, 2007, Whittemore allegedly met with an elected member of Congress (identified in the indictment as Federal Elected Official 1), and agreed to try to collect $150,000 in contributions for the elected official’s campaign committee by March 31, 2007, which marked the end of a legally required quarterly reporting period.  Aware of the strict limits on individual federal campaign contributions, Whittemore allegedly devised a scheme and plan whereby he used family members, employees of Company A, and their respective spouses, as prohibited conduits through which to funnel his own money to the federal elected official’s campaign committee under the guise of lawful campaign contributions.  This scheme allowed Whittemore to make an individual campaign donation to the federal elected official in excess of the limits established by federal law.  Whittemore allegedly concealed the scheme from the FEC, the elected official and the elected official’s campaign committee.

In March 2007, Whittemore allegedly solicited the employees, family members and their respective spouses to make the maximum campaign donations to the federal elected official and reimbursed the contributors with personal checks and wire transfers.  The indictment alleges that Whittemore attempted to conceal some of the reimbursements he made to the contributors by telling the employees that they were bonuses.  Whittemore also allegedly paid the contributors additional money on top of the reimbursements.  If a conduit contributed $4,600, Whittemore reimbursed the individual $5,000; likewise if a couple contributed $9,200, he paid the couple $10,000.

On about March 28, 2007, Whittemore allegedly caused a Company A employee to transmit $138,000 in contributions to the federal elected official’s campaign committee, the vast majority of which were conduit contributions that Whittemore had personally funded in order to satisfy his pledge to the federal elected official.  On April 15, 2007, the campaign committee then unknowingly filed false reports with the FEC stating that the conduits had made the contributions, when in fact, Whittemore had made them.

On about Feb. 9, 2012, Whittemore allegedly made false statements during an interview with FBI agents by claiming that he never made a request for campaign contributions; never asked employees of company A to contribute to the elected official’s campaign; never provided payments to anyone with the expectation that they would serve as reimbursements for campaign contributions; never spoke to any candidate about raising money for the candidate; and never gave money to family members to make political contributions.

The case is being investigated by the FBI and is being prosecuted by First Assistant U.S. Attorney Steven W. Myhre, Assistant U.S. Attorney Sue Fahami and Trial Attorney Eric G. Olshan of the Public Integrity Section in the Justice Department’s Criminal Division.
An indictment contains only charges and is not evidence of guilt.  The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

SECRETARY OF THE NAVY MABUS AN ALBANIA'S MINISTER OF DEFENSE ARBEN FAHN IMAMI

Secretary of the Navy (SECNAV) the Honorable Ray Mabus and Arben Fahri Imami, Albania's Minister of Defense, receive honors from Albanian soldiers outside the Ministry of Defense in Tirana, Albania. Mabus met with Albanian officials to discuss continued bilateral naval cooperation and expressed appreciation for Albania's continued commitment to Afghanistan, stability in western Balkans, and encouraged efforts to strengthen the country's defense reforms and initiatives. U.S. Navy photo by Chief Mass Communication Specialist Sam Shavers (Released) 120607-N-AC887-005

OPERATION SAIL 2012

FROM:  U.S. NAVY
120608-N-TY225-288 NORFOLK (June 8, 2012) Various ships participating in Operation Sail (OpSail) 2012 Virginia sail past Naval Station Norfolk towards the downtown Norfolk waterfront. OpSail 2012 Virginia will be Norfolk's largest gathering of international tall ships and naval vessels in more than 100 years. OpSail 2012 Virginia commemorates the bicentennial of the War of 1812 and the writing of the Star Spangled Banner. (US Navy photo by Mass Communication Specialist 2nd Class Bryan Weyers/Released)

U.S. AND PERU AGREE TO CONTINUE PROTECTING PERUVIAN ARCHAEOLOGICAL ITEMS

Photo:  Peruvian Ancient Art Object.  Credit:  Wikimedia.

F

ROM:  U.S. STATE DEPARTMENT

United States and Peru Extend Agreement to Protect Peruvian Heritage

Media Note

Office of the Spokesperson

Washington, DC

June 8, 2012

The Department of State is pleased to announce the extension of the “Memorandum of Understanding Between the Government of the United States of America and the Government of the Republic of Peru Concerning the Imposition of Import Restrictions on Archaeological Material from the Pre-Hispanic Cultures and Certain Ethnological Material from the Colonial Period of Peru” (MOU). The Department of Homeland Security has published notification of the extended restrictions in the Federal Register, effective June 9, 2012.
The MOU covers archaeological remains of ancient cultures - such as the Chavin, Moche, Cuzco, Incas - that developed in Peru from 12,000 B.C. to A.D. 1532. Their achievements include the construction of city complexes; advances in metallurgy; the production of textiles, gold and silver jewelry, and unique styles of polychrome ceramic vessels. They are a reminder that the accomplishments of these ancient cultures are among the most important in the history of mankind. The MOU also protects ethnological material produced during the Colonial period (A.D. 1532-1821) such as sculpture and paintings with stylistically distinct iconography.

This MOU, in effect since 1997, is possible under U.S. legislation that implements the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, a framework of cooperation to stem pillage and unauthorized transport of cultural objects across boundaries. Systematic pillage of archaeological sites in Peru and removal of ecclesiastical ethnological material has caused irreparable loss to Peruvian history and tradition. Their protection promotes alternative approaches to accessing this material for cultural, educational, and scientific purposes and offers Peru the opportunity to develop long-term solutions for safeguarding its unique ancient past.

By extending this MOU, the United States demonstrates its continued respect for the extraordinary cultural heritage of Peru. The restricted objects may enter the United States if accompanied with an export permit issued by the government of Peru or documentation of its provenance prior to 1997 and if no other applicable U.S. laws are violated.

The extension is consistent with a recommendation made by the Cultural Property Advisory Committee to the Assistant Secretary for Educational and Cultural Affairs of the Department of State, to whom the President’s decision-making authority on these matters is delegated. The Committee is a presidentially-appointed body established to make recommendations to the Department concerning cultural property agreements.
This MOU follows on emergency protection that entered into force in 1990 to reduce the threat of pillage of Moche artifacts newly found at the royal tombs of Sipan, Peru. Protection of the Sipan material was incorporated into the MOU in 1997 and continues in effect.

SPACE SHUTTLE ENTERPRISE MOVES TO PERMANENT HOME

FROM:  U.S. NAVY
Enterprise Moves to Intrepid
Atop a barge on Wednesday, June 6, 2012, the space shuttle Enterprise was towed on the Hudson River past the Statue of Liberty on its way to the Intrepid Sea, Air and Space Museum, where it will be permanently displayed.  Image Credit: NASA/Bill Ingalls

First Look At The Shuttle Enterprise With the Cast of Star Trek & Crew Of The Star Ship Enterprise. Photo Credit:  NASA.

USS NICHOLAS RECOVERS OVER 4900 LBS OF COCAINE

 Photo Left :  USS Nicholas.  Credit:  U.S. Navy.
FROM:  U.S. NAVY
USS Nicholas Recovers Approximately 4,900 Pounds Of Cocaine 


From U.S. Naval Forces Southern Command and U.S. 4th Fleet Public Affairs
USS NICHOLAS, At Sea (NNS) -- Guided-missile frigate USS Nicholas (FFG 47) recovered 112 bales of cocaine, weighing approximately 4,910 pounds, during an interdiction off the Pacific Coast of Colombia in support of Operation Martillo, June 4.

The estimated wholesale value of the recovered drugs is more than $60 million, with an estimated street value of more than $367 million.

In a coordinated effort, crews from Nicholas, the U.S. Coast Guard Law Enforcement Detachment (LEDET), the U.S. Coast Guard Cutter Sherman, and the Colombian navy disrupted a major shipment of contraband.

U.S. Navy and U.S. Coast Guard LEDET personnel recovered contraband that was jettisoned from the go-fast before the vessel entered Colombian territorial waters. The Colombian navy was in the vicinity and launched a patrol boat to intercept and seize the go-fast.

Photo Above 120506-N-ZZ999-002 PACIFIC OCEAN (May 6, 2012) Alleged drug traffickers are arrested by Colombian naval forces in this still frame from a forward-looking infrared (FLIR) video camera from a U.S. Navy helicopter assigned to the guided-missile frigate USS McClusky (FFG 41) during interdiction operations in the eastern Pacific coastal waters of Colombia. The helicopter maintained surveillance as the Colombian navy made the arrest. (U.S. Navy photo/Released)  

Since the beginning of their deployment in January, USS Nicholas and the embarked LEDET has seized approximately 10,148 pounds of cocaine, with a total estimated street value of more than $759 million.

Operation Martillo (Spanish for 'hammer') is a U.S., European, and Western Hemisphere partner nation effort targeting illicit trafficking routes in coastal waters along the Central American isthmus. U.S. military participation is being led by Joint Interagency Task Force-South, a component of U.S. Southern Command (USSOUTHCOM), while U.S. maritime law enforcement and the interdiction phase of operations in the region occurs under the tactical control of the 11th Coast Guard District, based in Alameda, Calif., or by law enforcement agencies of partner nations in the region. 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. Coast Guard LEDETs belong to Tactical Law Enforcement Team South or Pacific Tactical Law Enforcement Team and are an armed deployable specialized force under the U.S. Coast Guard's Deployable Operations Group. They were created to support narcotics interdiction operations aboard U.S. Navy and allied ships and are capable of supporting Department of Defense national defense operations. LEDETs provide specialized law enforcement capability and maritime security capabilities to enforce U.S. laws across a full spectrum of maritime response situations, maritime security augmentation and maritime interdiction anti-piracy operations.

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.

NEVADA RESIDENT AND COMPANY TO PAY $2.6 MILLION TO SETTLE ALLEGED FOREIGN CURRENCY TRADING FRAUD WITH CFTC

FROM:  COMMODITY FUTURES TRADING COMMISSION
CFTC Orders Nevada Resident Luis Salazar-Correa and His Company, Prosperity Team, LLC, to Pay More than $2.6 Million to Settle CFTC Anti-fraud Forex Action
Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) today filed and simultaneously settled charges against Luis Salazar-Correa of Las Vegas, Nev., and his Nevada-based company, Prosperity Team, LLC, for fraudulently soliciting individuals to participate in a pooled investment vehicle, misappropriating customer funds, and issuing false statements to conceal trading losses and the fraud.

The CFTC order requires Salazar-Correa and Prosperity Team jointly and severally to pay a $1 million civil monetary penalty and restitution of $1,641,000. The order permanently prohibits Salazar-Correa and Prosperity Team from engaging in certain commodity-related activities, including trading, and from registering or seeking exemption from registration with the CFTC. The order also permanently prohibits the respondents from further violations of the Commodity Exchange Act, as charged.

The order finds that from about February 2009 through at least June 2010, Salazar-Correa and Prosperity Team fraudulently solicited and accepted at least $2,482,000 from at least 183 customers primarily for the purpose of trading leveraged or margined off-exchange foreign currency (forex) contracts through a pool investment vehicle, also known as Prosperity Team. In soliciting potential customers, Salazar-Correa falsely guaranteed monthly returns varying from 10 percent to 25 percent, depending on the amount invested, and misrepresented the risks of trading forex, the order finds.

Rather than achieving the claimed returns, the respondents consistently sustained trading losses, which cumulated in overall losses of approximately $1,566,000, and operated a Ponzi scheme by misappropriating customers’ funds to make payments to other customers, the order finds.

Salazar-Correa and Prosperity Team concealed the massive trading losses and their misappropriation of customer funds by issuing false statements, which were accessible to customers online through Prosperity Team’s website, the order finds.
The CFTC appreciates the assistance of the U.S. Attorney’s Office and Federal Bureau of Investigation in Las Vegas, Nev., the U.S. Securities and Exchange Commission, the Cyprus Securities and Exchange Commission, the International Financial Services Commission of Belize, the Swiss Financial Market Supervisory Authority, and the U.K. Financial Services Authority.

CFTC Division of Enforcement staff members responsible for this case are Alison Wilson, Jonathan Huth, Heather Johnson, Brandon Tasco, Gretchen L. Lowe, and Vincent A. McGonag

U.S. AND REPUBLIC OF KOREAN FORCES STRIVE TO IMPROVE ABILITIES

FROM:  U.S. AIR FORCE
OVER THE REPUBLIC OF KOREA -- A U.S. Army MH-47 helicopter from the 160th Special Operations Aviation Regiment (Airborne) lines up to refuel from a 17th Special Operations Squadron MC-130P Combat Shadow during a training mission here March 30 during Foal Eagle 2009. Foal Eagle is an annual combined training exercise for U.S. and Republic of Korea forces to evaluate and improve their ability to coordinate procedures, plans and systems necessary to defend the ROK. The 17th SOS is deployed from Kadena Air Base, Japan, and the 160th SOAR is deployed from Fort Lewis, Wash. (U.S. Air Force photo by Tech. Sgt. Aaron Cram)

Un cráter de Marte muestra cómo cambió el clima del planeta

Un cráter de Marte muestra cómo cambió el clima del planeta

STATE DARTMENT LUNCH FOR PRESIDENT OF PHILIPPINES

FROM:  U.S. STATE DEPARTMENT
Hosts a Lunch for President of the Republic of the Philippines Benigno S. Aquino III
Remarks Hillary Rodham Clinton
Secretary of State,
 Benjamin Franklin Room
Washington, DC
June 8, 2012
Good afternoon, everyone. And welcome – please sit down – welcome to the State Department, to the Ben Franklin Room, where we are so honored to be hosting President Aquino and the Philippine delegation and celebrating the enduring friendship between our two countries.

Together, the United States and the Philippines are writing a new chapter in our storied alliance and building a multifaceted relationship for the 21st century. Our trade and economic linkages continue to deepen through initiatives like the Partnership for Growth. And just a few minutes ago, Secretary del Rosario and I signed a new agreement that will spur joint efforts on science and technology, because when our scientists share their ideas and their resources, not only do our two countries but the world reaps the benefits. And we are also increasing the number of United States Peace Corps volunteers in the Philippines. (Applause.)

Last year, I celebrated the 60th anniversary of the Mutual Defense Treaty in Manila, and Secretary Panetta and I co-hosted our counterparts for the first time ever last April. Our special forces have been working side by side with their Filipino counterparts. We are also working closely together to increase information and intelligence exchanges and coordination on maritime domain issues. And in this context, I'm pleased to announce today that the United States will support the construction, outfitting, and training of a new National Coast Watch Center in the Philippines. (Applause.)

As allies, our two nations consult on important regional issues, as we have done regarding our respective diplomacy in the South China Sea. As I’ve said many times, the United States does not take a position on the competing territorial claims in the South China Sea. But we do, however, have a clear interest in the maintenance of peace and stability, freedom of navigation, respect for international law, and unimpeded lawful commerce in the South China Sea. (Applause.)

In this context, we welcome the initial steps to defuse tensions surrounding the Scarborough Reef taken by President Aquino. And we encourage continued diplomatic dialogue and further efforts to lessen tension, to disengage, and to resolve the situation peacefully. The United States has been consistent in that we oppose the use of force or coercion by any claimant to advance its claims, and we will continue to monitor the situation closely. We also call on ASEAN and China to conclude their efforts to reach consensus on a code of conduct for the South China Sea.

Now, President Aquino first came to the United States over 30 years ago to seek asylum with his family as political turmoil ravaged his country. Today, I welcome him here to reaffirm our shared future based on mutual respect and interests, our common democratic values, new partnerships, and the bonds between our peoples.

I think, Mr. President, you can see from just looking out here that we have quite a few Filipino Americans here today. And indeed – (applause) – if we’d had a room twice or three times as big, you’d see even more Filipino Americans, because this is time not only to celebrate the friendship between our nations, but it is also a time to recognize the many contributions of Filipino Americans to our nation and the gratitude we have that Filipino culture, family ties, and connections have enriched the United States so much.
So please join me in a toast to the president and to the people of the Philippines, and to the partnership and friendship between the United States and the Philippines. Cheers, Mr. President.

U.S. RELATIONS WITH MALTA

FROM:  U.S. STATE DEPARTMENT
U.S. Relations With Malta
Bureau of European and Eurasian Affairs
Fact Sheet
June 6, 2012
Malta and the United States established full diplomatic relations upon Malta's independence in 1964. The government seeks close relations with the United States, with an emphasis on increased trade and private investment. U.S. Navy ships visit on a semi-regular basis. During the period of rebellion in Libya that began in February 2011, Malta played an important role in supporting evacuation of third-country nationals, including Americans; coordinating humanitarian aid to the people of Libya; and providing general assistance to forces of nations involved in enforcement of UN Security Council Resolutions 1970 and 1973.

U.S. Assistance to Malta
The U.S. foreign assistance to Malta currently provides International Military Education & Training (IMET) funding and has in the past included foreign military financing (FMF) grants and other defense assistance allowing for the acquisition of U.S. security related equipment, services and training. Under a refugee resettlement program, almost 1000 third-country migrants have been resettled in the U.S. from Malta.

Bilateral Economic Relations
The United States has been supportive of Malta's campaign to attract private investment, and a number of U.S. companies are operating in Malta. These include major hotels, light manufacturing and repair facilities, pharmaceutical and medical supply firms, and some offices servicing local and regional operations. In an effort to boost trade relations, the United States and Malta signed a double taxation agreement in 2008, which came into force in 2011. Malta joined the Visa Waiver Program in 2008. This program allows citizens of certain countries to travel to the United States visa-free for tourist and business purposes for stays under 90 days.

Malta's Membership in International Organizations
Malta became a member of the United Nations in 1964 following independence from the United Kingdom. Malta and the United States belong to a number of the same international organizations, including the UN, International Monetary Fund, World Bank, World Trade Organization, and Organization for Security and Cooperation in Europe. Malta is a member of the North Atlantic Treaty Organization's (NATO) Partnership for Peace. Malta has been a member of the European Union since 2004, and is also a member of the Schengen Agreement on the abolition of border checks and the Euro zone.

LEVITOW MEMORIAL UNVEILED AT CANNON AIR FORCE BASE

FROM:  U.S. AIR FORCE
A Medal of Honor hangs from the newly unveiled John Lee Levitow memorial in the heritage room of the 3rd Special Operations Squadron at Cannon Air Force Base, N.M., May 22, 2012. Levitow was an AC-47 gunship loadmaster who became the lowest ranking Airman to ever receive the Medal of Honor for exceptional heroism during a time of war. (U.S. Air Force photo by Airman 1st Class Xavier Lockley) 











3 SOS unveils Levitow Memorial at Cannon AFB 
by Public Affairs Staff
27th Special Operations Wing Public Affairs

5/22/2012 - CANNON AIR FORCE BASE, N.M.  -- The 3rd Special Operations Squadron unveiled a memorial dedicated to Airman 1st Class John L. Levitow in their heritage room at Cannon Air Force Base, N.M., May 22.

Assigned to the 3 SOS during the Vietnam War, Levitow worked as a loadmaster on an AC-47 Spooky gunship. While supporting a firefight and dropping white phosphorus flares through the open door of the gunship, his aircraft was jarred by a tremendous blast. A North Vietnamese Army 82-millimeter mortar shell landed on top of the right wing and exploded inside the wing frame. Everyone in the back of "Spooky 71" was wounded, including Levitow.

Immediately after the explosion, Levitow saw that a burning Mark 24 magnesium flare that had been knocked free in the fuselage and was rolling amid ammunition cans that contained 19,000 rounds of live ammunition. Despite his wounds, he threw his body onto the burning flare and dragged himself to the rear of the aircraft where he hurled the flare through the open cargo door. At that instant, the flare separated and ignited in the air, but clear of the aircraft. Levitow's actions saved the gunship and the lives of the crew members onboard.

Levitow was awarded the Medal of Honor for these heroic acts, and he became the lowest-ranking Airman ever to receive the prestigious honor for exceptional heroism during wartime.

According to the official website for the Public Broadcasting Service, there have been seventeen Medal of Honor recipients since the formation of a separate Air Force in 1947. This places Levitow in an elite group.

"John Levitow was part of the 3 SOS, a fellow Air Commando, and a significant part of our squadron's lineage," said Master Sgt. Charles Nichols, 3 SOS operational superintendent. "Our troops are so proud to finally see this memorial within the 3 SOS after all the work we put into getting it here."

Today, the 3 SOS flies the MQ-1B Predator, a Remotely Piloted Aircraft that is employed primarily for intelligence collection. The 3 SOS has flown more than 200,000 hours since October 2005 and continues to conduct operations in support of Special Operations Forces worldwide.

Chief Master Sgt. Gary Glover, 27th Special Operations Group superintendent, came up with the concept of erecting the memorial at the 3 SOS. "I wanted to do it for the squadron, but it's more of a testament of the sacrifice and service before self attitude that the squadron still lives by today," said Glover. "Knowing the heritage of your squadron helps inspire pride and professionalism."

While Glover started the memorial project, Nichols took the steps necessary to follow through on the initiative.

"I didn't succeed alone in this endeavor," said Nichols. "A lot of hard working people stepped up from the squadron to make this memorial a reality. Everyone in the 3 SOS played some part, so it really was a team effort."

The 3 SOS hosted a base-wide motorcycle ride and squadron barbeque to raise money needed for the memorial. More than 30 motorcyclists took part in the ride, which went through Clovis, Melrose and Portales, N.M., and helped raise more than $800.

One of the more difficult items to procure was the actual Medal of Honor ribbon, which needed Congressional approval to be sent to the 3 SOS. Levitow originally received the medal in 1969.

"It just goes to show that no matter how many stripes you have on your sleeve or how much brass you have on your collar, you can make a difference in the lives of others," said Nichols. "To see this year-long project finally realized makes us feel like we've made an impact at Cannon."

INTERNATIONAL PRINCIPLES AND GUIDELINES ON INDIGENT DEFENSE

FROM:  U.S. DEPARTMENT OF JUSTICE
Adoption of the First International Principles and Guidelines on Indigent Defense June 6th, 2012
2012 Posted by Tracy Russo
The following post appears courtesy of the Access to Justice Initiative
One of the cornerstones of the United States criminal justice system is the right to legal representation for criminal defendants.  In the United States the right is confirmed by the federal Constitution, but many countries also guarantee this right to their citizens through their domestic laws.

Recognizing that criminal legal aid – or indigent defense – “is an essential element of a fair, humane and efficient criminal justice system that is based on the rule of law,” the United Nations Commission on Crime Prevention and Criminal Justice (the UN Crime Commission) adopted the first international principles and guidelines on indigent defense at its recently concluded 21st session.  The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems affirm the importance of legal aid at all stages of the criminal justice system.

Created in 1992 by the United Nations Economic and Social Council (ECOSOC), the UN Crime Commission is the central body within the United Nations system dealing with crime prevention and criminal justice policy. It is one of the governing bodies of the United Nations Office on Drugs and Crime (UNODC).  The 40-member body, which includes the United States, met this past April in Vienna, Austria to consider 11 resolutions on issues such as combating violence against migrants and migrant smuggling, setting minimum standards for the treatment of prisoners, and criminal legal aid.
The United States was one of 16 co-sponsors of the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, which was initially submitted by Georgia and South Africa (on behalf of the African Group). This resolution adopted the principle and guidelines.  Although the UN principles and guidelines correctly recognize that, “states employ different models for the provision of legal aid,” these comprehensive guidelines and principles can be effective tools in strengthening and growing existing criminal legal aid systems throughout the world.

The creation of the Access to Justice Initiative at the U.S. Department of Justice in March 2010 is a testament of the United States’ commitment to supporting indigent defense.  The Access to Justice Initiative was launched to help ensure that basic legal services are available, affordable and accessible to everyone in this country regardless of status or income.  A significant part of our work is directed at strengthening and supporting indigent defense.  Because of this, a representative from the Access to Justice Initiative was invited to join the U.S. delegation to the UN Crime Commission to assist with negotiating this resolution.

The adoption of the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems is a significant milestone in the global development of fair and just systems of criminal justice.  It will likely be submitted to the United Nations General Assembly for approval later this year.

MARINE HELPS PLANES NAVIGATE RUNWAYS

FROM:  AMERICAN FORCES PRESS SERVICE
Marine Corps Lance Cpl. Zachary G. Harrison, an aviation ordnance technician assigned to Marine Tactical Electronic Warfare Squadron 3, helps EA-6B Prowler aircraft pilots navigate the runways at Marine Corps Air Station Cherry Point, N.C. U.S. Marine Corps photo by Lance Cpl. Andrea Dickerson  

Marine Helps Pilots Navigate Runways
By Marine Corps Lance Cpl. Andrea Dickerson
2nd Marine Aircraft Wing
MARINE CORPS AIR STATION CHERRY POINT, N.C., June 8, 2012 - Marine Corps Lance Cpl. Zachary G. Harrison is out to learn as many military skills as he can.
An ordnance technician working with EA-6B Prowler aircraft, Harrison also can be seen on the flightline here, visually communicating necessary commands and signals Prowler pilots need to navigate the runway.

"He is one of the best Marines this squadron has," Marine Corps Staff Sgt. Jasmine L. Saunders, the ordnance chief for Marine Tactical Electronic Warfare Squadron 3, said of Harrison. "He is always our go-to person because [of] the dedication he has for his job."
Harrison "is the first to volunteer when we need something done," Saunders said. "His work ethic is unparalleled."

A native of Port Huron, Mich., Harrison said he loves his job because there is always the opportunity to gain knowledge and new skills.

"I work with the ordnance on the Prowlers, but I am now training as a team leader so I am now the person standing in front of the aircraft conducting hand and arm signals to other team members," he said.

Saunders said Harrison is progressing very quickly though he's only been with the squadron a short time.

MILITARY COMMISSARIES AND EXCHANGES IMPORT SUPPORT PROGRAM FOR FAMILIES

FROM:  AMERICAN FORCES PRESS SERVICE 

Resale Program Provides Important Benefits, Officials Say

By Amaani Lyle

WASHINGTON, June 7, 2012 - Despite the prospect of major defense cuts early next year, the Defense Department remains committed to resale programs that provide valuable benefits to uniformed members and employment for family members and veterans, a senior department official told the House Armed Services Committee today.

Robert L. Gordon, deputy assistant secretary of defense for military community and family policy, joined other officials in giving testimony before the committee to underscore the importance of the military resale program.

"On my visits to military communities, I hear of the tremendous appreciation for, and in some cases, the need for commissaries and exchanges," Gordon said. "Often, they are (the only) source of high-quality American made products -- but equally important, they are the lifeblood to many of our installation support programs."

Programs such as the Army and Air Force Exchange Service, the Navy Exchange Service Command, Semper Fit Exchange Service and the Defense Commissary Agency are not only a significant source of employment for military family members, but they bring quality-of-life enhancements to service members around the globe, Gordon and other witnesses explained.

"A strong exchange benefit is one of the cornerstones of the military way of life," said Air Force Brig. Gen. Francis L. Hendricks, AAFES commander. "It enhances recruitment and retention, thereby aiding in the readiness of the armed forces."

Hendricks recalled AAFES' rapid growth in theater since the spring of 2003, when U.S. ground forces fought their way up the Euphrates and Tigris rivers. "Our first store in Iraq operated out of the back of a Toyota Landcruiser," Hendricks said. "As troops advanced northward, so did our store."

During the next eight years, AAFES established 95 sites throughout the theater, and more than 4,000 of its employees volunteered to operate retail stores and food activities in support of the troops.  "We brought them familiar products and services and the food they craved," Hendricks said. "In that moment, at that place, we brought a little piece of home to them."

Humanitarian aid to military members and surrounding communities is but another virtue of the resale program, according to Thomas Gordy, Armed Forces Marketing Council president.  When the earthquake and tsunami struck Japan in March 2011, military resale systems worked with industry partners and the services to ensure military families stationed in the devastated region had access to food, water, milk and other essential items.

"The resale stores in Japan remained stocked, while the stores outside the gate were empty," Gordy said. "Not only did the system support our military families, but (supported) the recovery effort with essential supplies, providing United States with another element of humanitarian support to our friends in Japan."

Wherever in the world uniformed members and their families rely on commissaries and exchanges, the resale program's budget-conscious prices can offer consumers significant savings advantages, said retired Rear Adm. Robert J. Bianchi, Navy Exchange Service Command chief executive officer. "Our 2011 annual market basket survey results show that customers save an average of 23 percent below commercial retail prices not including sales tax, generating over $500 million in non-pay compensation," Bianchi said.

TWO CALIFORNIA REAL ESTATE INVESTORS PLEAD GUILTY TO BID RIGGING AT FORECLOSURE AUCTIONS

FROM:  U.S. DEPARTMENT OF JUSTICE ANTITRUST DIVISION
Investigation Has Yielded 24 Plea Agreements to Date
WASHINGTON — Two Northern California real estate investors have agreed to plead guilty for their roles in conspiracies to rig bids and commit mail fraud at public real estate foreclosure auctions in Northern California, the Department of Justice announced.

Felony charges were filed today in the U.S. District Court for the Northern District of California in Oakland, Calif., against Douglas Ditmer of San Ramon, Calif. and Keith Slipper of Oakland.

To date, as a result of the department’s ongoing antitrust investigation into bid rigging and fraud at public real estate foreclosure auctions in Northern California, 24 individuals, including Ditmer and Slipper, have agreed to plead or have pleaded guilty.

“By agreeing not to compete with one another in the bidding process, these investors illegally profited and undermined the integrity of the real estate market,” said Scott D. Hammond, Deputy Assistant Attorney General of the Antitrust Division’s criminal enforcement program.  “The conspiracy eliminated competition and prevented lenders and distressed homeowners from getting fair market prices for their property.”

According to court documents, Ditmer and Slipper participated in conspiracies to rig bids and commit mail fraud by agreeing to stop bidding or to refrain from bidding for properties at public foreclosure auctions in Contra Costa and Alameda counties, Calif., negotiating payoffs with other conspirators not to compete, purchasing selected properties at public auctions at suppressed prices, and participating in second, private auctions open only to members of the conspiracy, where the property was awarded to the conspirator who submitted the highest bid.

The department said Ditmer conspired with others to rig bids and commit mail fraud at public real estate foreclosure auctions in Contra Costa County beginning as early as July 2008 and continuing until about January 2011, and in Alameda County beginning as early as June 2007 and continuing until about January 2011.  Slipper conspired with others to rig bids and commit mail fraud at public foreclosure auctions in Contra Costa County beginning as early as June 2008 and continuing until about December 2010, and in Alameda County beginning as early as March 2009 and continuing until about May 2009

 “The FBI continues to work closely with the Antitrust Division to target those individuals who engage in fraudulent bid rigging and other anticompetitive activities at foreclosure auctions,” said FBI Special Agent in Charge Stephanie Douglas of the San Francisco Field Office.  “We are committed to bringing to justice those who engage in illegal and unfair practices that adversely impact legitimate home buyers and sellers.”

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

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

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

The ongoing investigation into fraud and bid rigging at certain real estate foreclosure auctions in Northern California is being conducted by the Antitrust Division’s San Francisco Office and the FBI’s San Francisco office.

SOUTHCOM RELYING ON PARTNER NATIONS TO HELP ACCOMPLISH SOME MISSIONS

FROM:  AMERICAN FORCES PRESS SERVICE
One of two interceptor boats delivered to Grenada in May under the Secure Seas U.S. maritime security assistance initiative, part of U.S. Southern Command's theater engagement efforts helping regional partners deter maritime threats. DOD photo by Michael Wimbish  
Southcom Strives to Maximize Theater Engagement Efforts
By Donna Miles
MIAMI, June 7, 2012 - U.S. Southern Command continues to move full steam ahead on its array of theater engagement programs, but recognizing budget realities, is exploring new, more efficient ways to conduct them and to maximize their impact, a senior military leader here reported.

"We all understand what the future looks like. We know the trend is downward for future funding," Army Maj. Gen. Gerald W. Ketchum, director of the command's theater engagement directorate, told American Forces Press Service.

"So we are going to have to be smart," he said. "We probably aren't going to be able to do all the things we have done in the past, so we are going through this very deliberate process right now of ensuring that where we are spending our money is, in fact, where we need to be doing that."

That, Ketchum explained, involves scrutinizing every activity within the command's "robust toolkit" of engagement programs to eliminate those with marginal return in favor of those with proven results. "So you have to ensure that the activity you select truly is going to accomplish what you want and is going to provide the [desired] end results," he said.

Southcom's theater engagement programs run the gamut, from bilateral and multilateral exercises, training programs and educational exchanges to a security assistance program that helps partners meet their defense and modernization needs.

All are designed to help partner nations build their own military capacity and to improve their ability to operate with each other and the United States, Ketchum said. Because partner-nation capability varies widely across the region, Southcom tailors its engagements to address specific requirements, identified through close coordination with the partners themselves as well as the command's service components, U.S. embassy teams and U.S. service members operating in the theater.

Ultimately, these engagements aim to create strong partnerships able to stand up to regional challenges, Ketchum said. "We truly want to be the partner of choice," he said. "And we want those partnerships to be enduring."

The success of the effort has a direct impact on the United States, Ketchum said. "We are a community of nations, and we are completely interlocked because of globalization," he said. "And the threats we face do not end at borders. They are international in nature, and therefore, it takes an international response to address those challenges."

As the Southcom staff studies the way ahead for these programs, Ketchum said it's already well-versed in the creative, cost-effective ways of operating laid out in the defense strategic guidance issued in January.

"We have been doing that in Southcom already for a very long time," he said. "You start to talk about low cost, small footprint, efficient ways of doing business, and [Air Force] Gen. [Douglas W.] Fraser, [Southcom's commander], would say you are describing Southcom."

For example, a unique organizational construct at the command helps ensure its theater engagement efforts build on each other without expensive and unnecessary overlap. Unlike other geographic combatant commands that spread these programs across a variety of staff offices, Southcom consolidates them under one umbrella – the J7 theater engagement directorate that reports directly to Fraser.

"At the very elementary level, this prevents duplication," Ketchum said. "You don't want to have one program doing something and another program doing something very similar – the left hand not talking to the right hand – to be good stewards of the taxpayers' money."

But more importantly, we are looking for synergy," he said.
Ketchum used the example of a security assistance effort that helps a partner nation's military acquire new boats to patrol its waterways. "Wouldn't it make sense, right after that, to come in and provide training to the operators and maintainers?" he said. "And then maybe after that, wouldn't it make sense to have them participate in an exercise using that asset?"

The Secure Seas maritime security assistance initiative, managed by U.S. Southern Command, is helping in this way. The United States is providing interceptor boats and associated equipment, state-of-the-art command and control communications systems and training and technical support to nine Eastern Caribbean nations to help them deter threats associated with transnational organized crime.

Marine Forces South Commander Maj. Gen. John M. Croley joined U.S. Ambassador to Barbados and the Eastern Caribbean Larry L. Palmer at the first delivery ceremony, in Dominica, May 31. The initial delivery package included similar provisions for Grenada and St. Lucia.

This building-block approach to theater engagement works particularly well when the staff who oversee each piece of the larger effort work closely together and report to the same boss, Ketchum said. "Organizationally, it is much easier if they are all part of the staff where individuals providing the equipment are sitting in the next cubicle or down the hall from the guy who is organizing the training," he said. "That's what we have here in the new U.S. Southern Command headquarters building."

The new headquarters, which opened in December 2010 and replaced numerous smaller buildings in the Miami area, also includes representatives from other agencies who bring insights and experience to the decision-making process.

"The whole idea is to look at this holistically, to take all our tools, and with that awareness and visibility, to look at a whole-of-government approach," Ketchum said. "It is absolutely critical to everything we do here at Southcom. It's not a sound bite. It's something we have embraced."