EPA ANNOUNCES IMPORTANT STEP TOWARD CLEANING UP QUANTA RESOURCES SUPERFUND SITE

Credit:  Wikimedia.

FROM: U.S. DEPARTMENT OF JUSTICE

Monday, November 19, 2012
Agreement Furthers Cleanup of the Quanta Resources Superfund Site in Edgewater, New Jersey

Another important step toward cleaning up the Quanta Resources Superfund site in Edgewater, N.J., was announced today by the Department of Justice and the U.S. Environmental Protection Agency (EPA). The agreement with Honeywell International Inc. and 23 other parties, embodied in a consent decree lodged today in federal court, requires the performance of pre-construction project design work and requires Honeywell to carry out the actual cleanup work under the EPA’s oversight. The cleanup of the Quanta Site is expected to result in its redevelopment.

After the design is completed and approved by EPA, the cleanup will proceed at the Quanta Site, which is located adjacent to the Hudson River. The work is expected to take approximately two to three years and cost $78 million.

Currently, soil and ground water at the site are contaminated with arsenic, lead, polycyclic aromatic hydrocarbons and volatile organic compounds resulting from over 100 years of industrial activities in the area. Exposure to these pollutants can have serious health effects, and in some cases, increase the risk of cancer.

"This agreement marks a major milestone toward finally cleaning up the industrial pollution legacy at the Quanta Site," said Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. "The settlement holds those responsible for the pollution accountable for the cleanup, and brings us closer to the future redevelopment of this site for the benefit of the people of New Jersey."

"The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers," said EPA Regional Administrator Judith A. Enck. "The EPA searches for parties responsible for the contamination and holds them accountable. This agreement is an important part of that process and a step in the right direction."

The Quanta site, located on River Road at the intersection of Gorge Road in Edgewater, was built as a coal tar facility beginning in the 1880s. In the 1970s, the site’s "tank farm" was used to store waste oil prior to reprocessing. The state of New Jersey closed the facility in 1981 when some storage tanks were found to contain waste oil contaminated with polychlorinated biphenyls. The EPA supervised a series of emergency actions at the site that included safely removing and disposing of millions of gallons of waste oil, sludge and contaminated water from the tanks, and cleaning and dismantling the emptied tanks and piping.

Because of the nature and complexity of the contamination, the EPA divided the investigation and cleanup into two phases – one addressing the contaminated soil and ground water, and the other focused on contamination in the river and sediment. The plan to address the contaminated soil and ground water was finalized in July 2010. The EPA took public comment for 60 days and considered public input before selecting a cleanup plan. This phase of the cleanup is addressed in the consent decree lodged today. A separate study of the Hudson River and sediment contamination will lead to a subsequent cleanup plan for the next phase.

The site contains an estimated 150,000 cubic yards of contaminated soil requiring treatment to protect people that may come into contact with it. Among other steps, the EPA will solidify and stabilize areas of soil contaminated with oily liquid and arsenic by turning them into leak-proof blocks underground. Throughout the cleanup, monitoring, testing and further studies will be conducted to ensure the effectiveness of the remedy.

Aside from Honeywell International Inc., the other parties that have agreed to the consent decree are, for the most part, waste oil generators whose wastes were disposed of at the Quanta site. They include: BASF Corporation; Beazer East Inc.; BFI Waste Systems of New Jersey Inc.; BorgWarner Inc.; Buckeye Pipe Line Co. LP; Chemical Leaman Tank Lines Inc. (now Quality Carriers); Colonial Pipeline Co.; Consolidated Rail Corp.; Exxon Mobil Corp; Ford Motor Company; General Dynamics Land Systems Inc.; Hess Corp.; Miller Brewing Co.; NEAPCO Inc.; Northrup Grumman Systems Corp.; Petroleum Tank Cleaners Inc.; Rome Strip Steel Co. Inc.; Quanta Resources Corp.; Stanley Black & Decker Inc.; Textron Inc.; and United Technologies Corp.

U.S. ARMY PHOTOS

FROM: U.S. ARMY
Units in garrison can now continually connect their battle command suites to the network. U.S. Army photo.

More than 40 vendors and representatives from five universities demonstrated various technologies during the 2012 Robotics Rodeo at Fort Benning, Ga., The Rodeo's third installment, a 10-day event that ended June 29, 2012, featured nearly 75 different technologies in all. U.S. Army photo by Ashley Cross.

SPOKANE POLICE OFFICER SENTENCED IN CONNECTION WITH IN-CUSTODY DEATH

FROM: U.S. DEPARTMENT OF JUSTICE

Friday, November 16, 2012
Spokane Police Officer Sentenced for Civil Rights and Obstruction Violations in Connection with In-custody Death of Otto Zehm

A federal judge sentenced Spokane, Wash., Police Officer Karl F. Thompson Jr. to 51 months in prison followed by three years supervised release for civil rights and obstruction violations stemming from his March 18, 2006, beating of an unarmed citizen and an extensive cover-up that followed, the Justice Department announced today. Following a Taser deployment and a rapid series of baton blows to the head, neck and body, the victim, the late Otto Zehm, 36, was hogtied, stopped breathing and was transported to the hospital, where he died two days later. The defendant claimed the beating was justified because he felt threatened by a plastic bottle of soda Zehm was holding.

The evidence at trial established that on the evening of March 18, 2006, Zehm went to a convenience store to buy soda and snacks. Security video showed that the defendant ran into the store, drew his baton and rushed toward Zehm from behind, subsequently delivering two baton blows toward Zehm’s head, knocking him backwards onto the floor. The defendant then stood over Zehm and fired Taser probes into him, also continuing to deliver overhand baton blows, including a final flurry of seven baton strikes in eight seconds, which was captured by the convenience store’s security cameras. The defendant never asked Zehm any questions or even mentioned the ATM. Witnesses testified that Zehm’s last words were: "all I wanted was a Snickers."

The defendant went to the convenience store after two teenagers reported that a man fitting Zehm’s description had approached a drive-up ATM on foot as they were conducting a transaction, and they felt uncomfortable. After the teenagers pulled away from the ATM, they were unsure whether they had cancelled their transaction. Prior to the defendant’s first strike, dispatchers made clear that the complainants were not sure whether the man at the ATM had taken any of their money. One of the women at the ATM who called 911 that night testified at trial that she was horrified by the defendant’s rapid series of overhand baton blows to Zehm.

The defendant gave his report of the incident on March 22, 2006, after he knew Zehm had died. In his report, the defendant denied hitting Zehm in the head with his baton because that would have constituted deadly force, which he admitted was not justified in this case. However, trial testimony established that the defendant admitted to Spokane Police Officer Timothy Moses on-scene that night that he had struck Zehm in the head and neck with his baton. Witnesses and medical testimony also confirmed that the defendant had delivered baton blows to Zehm’s head and neck.

"The defendant was given considerable power to enforce the law, but instead he abused his authority when he brutally beat an innocent man," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "This prosecution reflects the department’s commitment to prosecuting official misconduct cases, and today’s sentence sends a message that such violent abuse of power will not be tolerated."

"A large majority of law enforcement officers work courageously every day to make our communities safe," said Michael Ormsby, U.S. Attorney for the Eastern District of Washington. "Since those in uniform deserve our respect and support, it is vitally important to prosecute those officers who violate their oaths of office and the public trust placed in them. Our community has learned many lessons from this incident, it is now incumbent upon all of us to apply those lessons to reforms within the Police Department."

"This investigation is emblematic of the FBI's vigorous commitment to the protection of the civil rights that define what it means to be an American," said Assistant Special Agent in Charge Carlos Mojica of the FBI Seattle Division. "While the vast majority of law enforcement officers uphold and obey the law, in those rare instances where serious transgressions occur, the FBI will conduct a comprehensive investigation to preserve and restore the public trust that forms the fabric of our society."

This case was investigated by the FBI’s Spokane Field Office, and was prosecuted by Trial Attorney Victor Boutros of the Justice Department’s Civil Rights Division, and by Assistant U.S. Attorneys Timothy Durkin and Aine Ahmed of the Eastern District of Washington.

European Space Agency United Kingdom (EN) Update

European Space Agency United Kingdom (EN) Update

ANNIVERSARY OF BAHRAIN INDEPENDENT COMMISSION OF INQUIRY REPORT

Photo Credit:  CIA World Factbook/NASA/ISS   

FROM: U.S. DEPARTMENT OF STATE
Anniversary of the Bahrain Independent Commission of Inquiry Report

Press Statement
Victoria Nuland
Department Spokesperson, Office of the Spokesperson
Washington, DC
November 23, 2012
Today marks the one year anniversary of the Bahrain Independent Commission of Inquiry (BICI) report. In the year since commissioning the landmark report, the Government of Bahrain has taken some important steps to implement the BICI recommendations, including allowing the International Red Cross to visit prison facilities, issuing new protocols on arrest authorities and a new Police Code of Conduct, reinstating some workers and students, beginning to rebuild religious sites, and other reforms that allow the Government to pursue additional BICI recommendations. However, there continue to be delays in fully implementing the report’s recommendations, particularly regarding accountability for official abuse, limits on freedom of expression and assembly, meaningful security sector reform, and a political environment that has become increasingly inhospitable to reconciliation.

Map:  Bahrain.  Credit:  CIA World Factbook

We are also concerned about rising violence in Bahrain. In the last month, police, protesters, and bystanders have been killed. We continue to urge all Bahrainis to pursue their political objectives peacefully and the Government of Bahrain to exercise restraint in responding to peaceful protests.

Since the unrest began last year, the United States has urged the Government of Bahrain to implement reforms and to address ongoing human rights concerns, including by fully implementing the BICI report recommendations. We will continue to encourage the Bahraini Government and all segments of Bahraini society to create an environment conducive to political dialogue and reconciliation. The Bahraini Government can only achieve the more prosperous, stable, and secure Bahrain it seeks through the continuation of the reform efforts it has initiated and must now fully implement. We look to leaders in Bahrain — government officials, political leaders, and civil society — to build on these initial steps and help realize the aspirations of all Bahrainis. Bahrain is a valued strategic partner and longtime friend of the United States, and we will continue to support these important efforts.

Locator Map:  Bahrain.  Credit:  CIA World Factbook

 
ADDITIONAL INFORMATION FROM CIA WORLD FACTBOOK

In 1783, the Sunni Al-Khalifa family captured Bahrain from the Persians. In order to secure these holdings, it entered into a series of treaties with the UK during the 19th century that made Bahrain a British protectorate. The archipelago attained its independence in 1971. Facing declining oil reserves, Bahrain has turned to petroleum processing and refining and has transformed itself into an international banking center. Bahrain's small size and central location among Persian Gulf countries require it to play a delicate balancing act in foreign affairs among its larger neighbors. In addition, the Sunni-led government has struggled to manage relations with its large Shia-majority population. During the mid-to-late 1990s, Shia activists mounted a low-intensity uprising to demand that the Sunni-led government stop systemic economic, social, and political discrimination against Shia Bahrainis. King HAMAD bin Isa Al-Khalifa, after succeeding his late father in 1999, pushed economic and political reforms in part to improve relations with the Shia community. After boycotting the country's first round of democratic elections under the newly-promulgated constitution in 2002, Shia political societies participated in 2006 and 2010 in legislative and municipal elections and Wifaq, the largest Shia political society, won the largest bloc of seats in the elected lower-house of the legislature both times. In early 2011, Bahrain's fractious opposition sought to ride a rising tide of popular Arab protests to petition for the redress of popular grievances. In mid-March 2011, with the backing of Gulf Cooperation Council (GCC) capitals, King HAMAD put an end to the mass public gatherings and increasingly disruptive civil disobedience by declaring a state of emergency. Manama also welcomed a contingent of mostly Saudi and Emirati forces as part of a GCC deployment intended to help Bahraini security forces maintain order. Since that time, intermittent efforts at political dialogue between the government and opposition have remained at a stalemate. The Bahrain Independent Commission of Inquiry (BICI), formed in June 2011 to investigate abuses during the unrest and state of emergency, released its final report in November 2011. The King fully endorsed the report, and since then Manama has begun to implement many of the BICI's recommendations, including improving policing procedures, reinstating fired workers, rebuilding some mosques, and establishing a compensation fund for those affected by the unrest and crackdown. Despite this progress, street protests have grown increasingly violent since the beginning of 2012.

A PLANETARY GEODYNAMICS SCIENTIST

FROM: NASA

Planetary Scientist Profile: Lynn Carter
The dry, ancient surfaces of the moon, Venus, and Mars look nothing like the dynamic planet we live on, but the same forces that shape our world have also driven the evolution of our closest neighbors. As part of NASA’s Planetary Geodynamics Laboratory, scientist Lynn Carter discusses her passion for volcanoes, impact cratering, and tectonic activity throughout the solar system.

Credit: NASA's Goddard Space Flight Center

OPENING OF THE ARTIC SEA TO SEA-FARING TRAFFIC

Bright white ice reflects sunlight from the Earth’s surface. In contrast, open water is very dark, and absorbs sunlight. As sea ice melts more water is exposed, which tends to increase warming. Photograph courtesy NOAA Photo Library

FROM:  U.S. DEPARTMENT OF DEFENSE

by jtozer
Melting Artic Ice Will Present New Challenges
With ice melting in the Arctic Ocean, which is bordered by countries including Canada, Russia and the United States, more sea-faring traffic will appear there and more nations with economic interest in the region will arrive to exploit the resources there, said a panel of security experts during a forum.

"[Our] area of responsibility is evolving and changing," said Maj. Gen. Francis G. Mahon, J5, U.S. Northern Command. "The Arctic is receding … the northern coast is about to become a real coast; maybe not today, maybe not this year, but in a short time. We need to start thinking about that."

Mahon was featured during a panel discussion regarding North American security, during the 2012 Association of the United States Army Annual Meeting and Exposition in Washington, D.C.
Mahon said development in the Arctic "is going to happen."
Shell Oil, for instance, has been there conducting test drilling operations, and Conoco, he said, will be there next summer.

Increased economic interest in the region, which is bordered by Alaska, means more security concerns, potential conflict over rights to resources there, such as fishing and mineral rights, and more opportunity for the kinds of disasters that the United States might be called on to assist with.

John Stanton, director, Joint Operations Directorate, Customs and Border Protection, also sat on the panel. He said that the northern ice cap has been receding more on the Russian side than on the Canadian side.

Increased opportunity in the Arctic will mean "different sovereign nations’ territorial water come into play," Stanton said. Right now, concern in the area is largely limited to nations that have coastlines on the Arctic, and that includes the eight countries that make up the Arctic Council: Canada, Denmark/Greenland/Faroe Islands, Finland, Iceland, Norway, Russia, Sweden and the United States.

But more nations will eventually show interest, Mahon said.

"There are many, many others who have economic interests who would like to harvest the goods and sell them on the economic market," Mahon said.

Mahon said, as an example, that for Chinese exports to Europe, it is 40 percent shorter to move goods through the Bering Strait than to move those goods through Panama or around the southern tip of South America.

"From an economic standpoint, you know that will be exploited as quickly as possible," Mahon said. "Ultimately, we will be operating up there more."

SOUTHERN BORDER

Illicit movement of goods between Mexico and the United States involves more than just drugs coming north from Central America, said Stanton. Illicit traffic across the 1,900-mile border goes both ways, and includes not just drugs, but money, human trafficking and weapons.

In the 1990s, Stanton said, a lot of that illicit activity came through California. Now, he said, much of that has shifted eastward to Arizona.

Maj. Gen. Davis S. Baldwin, the adjacent general for the state of California, said drug problems persist in California, however, as a result of transnational criminal organizations operating in the state.

"Our problem set really goes throughout the northern part of the state, where TCOs are operating quite actively in our forest and public lands by growing marijuana," he said. "The threat there can many times be greater than what we see on the border. When we deploy Soldiers and Airmen down on the border, we generally arm them with side arms. When we send them up into the forest, in the northern part of California, they take long rifles and carbines — because the threat is that great."

Baldwin said that smugglers, while now crossing the border less into California, are trying new tactics to get into the state.
"We’re seeing now smugglers are turning to sea routes of entry and the littorals, and we’ve had to shift our efforts to more coast-watching," he said. "[It's] an agile threat."
Transnational criminal organizations, he said, are going out to sea and coming to shore "much farther north," and that threat requires work with local and federal agencies, along with a requirement to increase aerial surveillance. Included in that, he said, are the California Air National Guard C-130J aircraft and the rescue-equipped MC-130. Army and Air National Guard unmanned aerial systems are also helping, he said, by keeping "an unblinking eye over the coast to start picking up these boats."

Baldwin also said the California National Guard is developing expanded capabilities to include development of a program with the U.S. Navy Special Operations Command, called the Global Information Network Architecture — which is a database of target sets, such as TCOs, that is presented as "a 3D picture in time and space," and which allows them to do predictive analysis.

With the GINA, he said, it is possible to see, for instance, who a TCO has been communicating with and how, "on both sides of the border — and it can enable law enforcement on both sides of the border to use that information to start taking out these very complex criminal networks and organizations."

While relations with Canadian law enforcement have always been good, relations with Mexican law enforcement is getting better.

Mahon said that military-to-military relations with Mexico have "taken off." That includes combined exercises between the two nations as well as subject-matter expert and senior-leader exchanges.

"Professional exchanges … have soared," Mahon said. "It’s a good dialogue and a good exchange, it is truly professional, they are giving as much as we are giving."

Stanton said that tactical exchanges with the Mexicans at border crossings are also "quite mature."

Right now, Stanton said, that relationship includes a protocol to pass first responders back and forth in the event of disaster. Were there to be a disaster in San Diego, for instance, Mexican firefighters could come across to provide assistance.

By C. Todd Lopez

DEFENSE AND INDUSTRY WORK TO BETTER COMMUNICATIONS

Night-vision device. U.S. Air Force photo .

FROM: U.S. DEPARTMENT OF DEFENSE

Defense and Industry Narrow Communication Gap

By Terri Moon Cronk
American Forces Press Service
WASHINGTON, Nov. 19, 2012 - As a cost- and time-saving measure, Defense Department officials have developed an experimental website to help government and industry stay up-to-date on developing projects that support the warfighter.

The new site, Defense Innovation Marketplace, is part of the Defense Department's Better Buying Power initiative to save DOD money, said Jack Blackhurst, a "customer" of DOD, and director of the Human Effectiveness Directorate at the Air Force Research Laboratory at Wright-Patterson Air Force Base, Ohio.

Customers from all branches of the military and small-business owners can access the site to see what the government is looking for in "human systems."

"A human system is anything to do with performance of humans in a particular job -- airplane operator, submarine operator, soldier on [the] ground -- all humans who operate weapons systems," Blackhurst said.

Human systems ensure warfighters have the best equipment to do their jobs and improve performance, he said.

"It's about a human being interacting with the weapons system," Blackhurst said. "Unlike a conventional weapon that an airplane drops, the focus is on the pilot in the cockpit."

The website is the only forum that increases communication among government, industry and academia, he said. The site, which is expected to save time and money, allows interested parties to learn about projects in development and what capabilities the government wants, he added.

"On the government's part, it gives us a vehicle to put our information out, and at the same time, it allows industry to put their information out in terms of where they're investing their dollars in a particular technology area," Blackhurst said. "It gives us an excellent tool to search these capabilities."

Industry and academic institutions now have the ability to "know what's going on out there and then strategize for the government," he noted.

By first becoming familiar with information on the site, the marketplace can eliminate some conferences. Once they know about particular projects, people from DOD, industry and academia can meet later in a conference to talk specifics, saving time and money, according to Blackhurst.

"There's a wealth of information that doesn't exist anywhere else," he said.

The site stems from communication issues between industry and DOD, said Ron Kurjanowicz, senior adviser to the secretary of defense for research and engineering.

"We made the Defense Innovation Marketplace no more complicated than a one-stop shop where industry could find information about the investment priorities for DOD," Kurjanowicz said.

Feedback has been positive from industry officials," he said, adding that the site is updated nearly every day.

"It's important in this climate of change that we talk about Better Buying Power to reduce costs in our acquisition program and activities, and this site presents that opportunity. We're out of Iraq and getting out of Afghanistan, so new capabilities will be needed in the future," Kurjanowicz said.

"Industry needs to know where DOD is making its changes, so they can align their investments with the capabilities of the future. The marketplace is one of those places to keep them connected," he said.

Kurjanowicz said the site makes doing business more effective and efficient, and that the government will see "enormous payoffs in how it strategically places its investment, [in addition to] leveraging industries' projects."

As a result, taxpayers also benefit, he said.

Industry's payoff, Kurjanowicz said, lies in knowing where DOD is going on its projects, he said.

"We want to do things smarter, and we think this is an opportunity to do that," he added.

EINSTEIN'S RIPPLES IN SPACE-TIME

FROM: NASA

Measuring Ripples in Space-Time

Einstein predicted gravity waves in his general theory of relativity, but to date these ripples in the fabric of space-time have never been observed. Now a scientific research technique called Atomic Interferometry is trying to re-write the canon. In conjunction with researchers at Stanford University, scientists at NASA Goddard are developing a system to measure the faint gravitational vibrations generated by movement of massive objects in the universe. The scientific payoff could be important, helping better clarify key issues in our understanding of cosmology. But application payoff could be substantial, too, with the potential to develop profound advances in fields like geolocation and timekeeping.

Remarks to the Council on Competitiveness

Remarks to the Council on Competitiveness

RECENT U.S. NAVY PHOTOS

FROM: U.S. NAVY
121121-N-KT462-198 PEARL HARBOR (Nov 21, 2012) Sailors aboard the guided-missile destroyer USS Michael Murphy (DDG 112) man the rails, as the ship arrives at its homeport, Joint Base Pearl Harbor-Hickam for the first time. The new destroyer honors the late Lt. (SEAL) Michael P. Murphy, a New York native who was posthumously awarded the Medal of Honor for his actions in combat as leader of a four-man reconnaissance team in Afghanistan. Murphy was the first person to be awarded the medal for actions in Afghanistan, and the first member of the U.S. Navy to receive the award since the Vietnam War. (U.S. Navy photo by Mass Communication Specialist 2nd Class Jon Dasbach/Released)

121120-N-DB801-060 JOINT BASE PEARL HARBOR-HICKAM, Hawaii (Nov. 20, 2012) The Virginia-class fast attack submarine USS Hawaii (SSN 776) returns to Joint Base Pearl Harbor-Hickam after completing a six-month deployment to the western Pacific region. The submarine was named to recognize the tremendous support the Navy has enjoyed from the people and state of Hawaii, and in honor of the rich heritage of submarines in the Pacific. (U.S. Navy photo by Mass Communication Specialist 2nd Class Steven Khor/Released)

INVESTMENT ADVISORY FIRM ACCUSED OF MOVING DECIMAL POINTS ON SPREADSHEETS SHOWING CLIENT ACCOUNTS

Credit:  U.S. Government

FROM: U.S. SECURITIES AND EXCHANGE COMMISSION

Washington, D.C., Nov. 20, 2012 — The Securities and Exchange Commission sanctioned two investment advisory firms for impeding examinations conducted by SEC staff.

An SEC investigation found that Evens Barthelemy and his New York-based firm Barthelemy Group LLC misled SEC examiners by inflating the firm’s claimed assets under management (AUM) ten-fold in an apparent attempt to show that the firm was eligible for SEC registration. Another SEC investigation found that Seth Richard Freeman and his San Francisco-area firm EM Capital delayed nearly 18 months in producing books and records related to the firm’s mutual fund advisory business.

Both firms agreed to settle the SEC’s charges against them.

"Barthelemy was not truthful and Freeman was not responsive during their respective interactions with SEC examiners," said Bruce Karpati, Chief of the SEC Enforcement Division’s Asset Management Unit. "We will continue to pursue enforcement actions against firms that obstruct or delay the SEC’s critical work in overseeing investment advisers."

Carlo di Florio, Director of the SEC’s Office of Compliance Inspections and Examinations, added, "Examinations of SEC-registered firms play a vital role in protecting markets and investors, and we expect their candor and prompt cooperation as SEC staff works to promote compliance, monitor risk, and prevent fraud."

According to the SEC’s order against Barthelemy and his firm, when examiners asked for a list of client assets, Barthelemy misrepresented his firm’s AUM as $26.28 million instead of the actual $2.628 million. He downloaded client account balances from the firm’s online custodial platform onto a spreadsheet, and then manually moved the decimal points for each client one place to the right before providing it to the SEC staff. From July 2009 to early 2011, Barthelemy improperly registered Barthelemy Group with the SEC on the basis of the aspirational AUM that was 10 times higher than reality. Barthelemy Group, through Barthelemy’s actions as chief compliance officer, also failed to adopt reasonable compliance policies and procedures or to maintain required books and records concerning codes of ethics and providing the firm’s disclosure brochure to clients.

Barthelemy agreed to be barred from the securities industry and from associating with an investment company, with the right to reapply after two years. Without admitting or denying the allegations, Barthelemy and his firm consented to cease-and-desist orders, and the firm was censured. Barthelemy and his firm also will provide a copy of the proceeding to their clients and appropriate state securities regulators, will post a copy on the firm’s website, and will disclose the proceeding in an amended SEC Form ADV filing.

According to the SEC’s order issued today against Freeman and his firm, they failed to immediately furnish the required books and records upon request by SEC staff in December 2010. EM Capital and Freeman repeatedly promised to provide the records including financial statements, e-mails, and documents related to their management of a mutual fund. However, they did not fully comply until September 2012, months after learning that SEC staff was considering enforcement action against them.

Freeman and EM Capital agreed to pay a combined $20,000 penalty. Without admitting or denying the SEC’s findings, Freeman and EM Capital also agreed to censures and cease-and-desist orders.

The SEC’s investigation of Barthelemy Group was conducted by David Neuman and Scott Weisman of the SEC’s Asset Management Unit. The examination of Barthelemy Group was conducted by Dawn Blankenship, Kristine Geissler, Arjuman Sultana, Margaret Pottanat, and Anthony Fiduccia of the New York Regional Office’s investment adviser/investment company examination program. The SEC’s investigation of EM Capital was conducted by Sahil W. Desai and Erin E. Schneider of the San Francisco Regional Office, who are members of the SEC’s Asset Management Unit. The examination of EM Capital was conducted by Tom Dutton, Ada Chee, and Ed Haddad of the San Francisco Regional Office’s investment adviser/investment company examination program.

U.S. NAVY FURTHER EMBRACES BIODIESEL FUEL WITH NEW STEAM PLANT

120110-N-RI884-077 PEARL HARBOR (Jan. 10, 2012) Secretary of Agriculture Tom Vilsack, center, visits the USS Arizona Memorial with Rear Adm. Glenn Robillard, left, and National Park Service Superintendent Paul DePrey. Vilsack was in Hawaii to highlight renewable energy, such as the Navy's use of biodiesel to fuel the Arizona Memorial tour boats. (U.S. Navy photo by Mass Communication Specialist 2nd Class Daniel Barker/Released)

FROM: U.S. NAVY
Deputy Assistant Secretary of the Navy for Energy Visits Military's , Biodiesel-Fueled Steam Plant

NORFOLK, Va. (NNS) -- Deputy Assistant Secretary of the Navy (Energy) Tom Hicks toured a steam plant at St. Julien's Creek Annex in Portsmouth now running on B20, a 20 percent biodiesel, 80 percent number two fuel oil blend Nov. 19.

The plant is the Navy's first one in the Mid-Atlantic area to run on this fuel blend, which is popular for use in vehicles.

The diesel blend, which burns cleaner than traditional diesel will provide steam to heat 16 office buildings and 13 warehouses. It is expected that the fiscal year 2012 (FY13) heating season will require the use of about 235,000 gallons of B20. Previously the plant has used traditional, 100 percent petroleum-based fuel oil. The B20 blend is priced competitively with the petroleum based diesel, and will not increase the Navy's costs to heat the base, while helping to meet the Secretary of the Navy's goals for greater energy security.

"The Navy uses an annual average of 30 million barrels of fuel per year which equates to about four to five billion dollars of fuel cost," said Hicks. "Because of this, it is important to explore additional and alternative sources like we see here today at St. Julien's Creek."

"This is a perfect example of what the Navy is trying to do by using B20, a 20 percent biodiesel, 80 percent conventional fuel to run the steam plant from domestic sources that are competitively priced," said Hicks.

The Secretary of the Navy has outlined five energy goals for greater energy security and to enhance our combat capabilities: Increase Alternative Energy Use DoN-Wide: By 2020, 50 percent of total DoN energy consumption will come from alternative sources; Sail the "Great Green Fleet": DoN demonstrated the Great Green Fleet during the Rim of the Pacific (RIMPAC) in July and will sail it by 2016; reduce non-tactical petroleum use: By 2015, DoN will reduce petroleum use in the commercial vehicle fleet by 50 percent; increase alternative energy ashore: By 2020, DoN will produce at least 50 percent of shore-based energy requirements from alternative sources; 50 percent of DoN installations will be net-zero; and Energy Efficient acquisition: evaluation of energy factors will be mandatory when awarding contracts for systems and buildings.

"The steam plant is using B20 and this fuel blend will help make progress towards the Navy's renewable energy goals," said John Breckner, renewable energy program manager for Naval Facilities Engineering Command Mid-Atlantic. "This is one of the pilot projects for the heating season and we hope to expand to other areas in the region. The boilers have been running for a few weeks and everything appears to be going well."

St. Julien's Creek Annex is a U.S. naval support facility that provides administrative offices, light industrial shops, and storage facilities for tenant naval commands. Its primary mission is to provide a radar testing range (35 acres or 141,640 m2) and various administrative and warehousing structures.

Naval Facilities Engineering Command (NAVFAC), the Facilities and Expeditionary Combat Systems Command that delivers and maintains quality, sustainable facilities, acquires and manages capabilities for the Navy's expeditionary combat forces, provides contingency engineering response, and enables energy security and environmental stewardship.

ALLEGED EMBEZZLEMENT IN PONZI SCHEME

FROM: U.S. COMMODITY FUTURES TRADING COMMISSION

CFTC Charges North Carolina Resident Michael Anthony Jenkins and his Company, Harbor Light Asset Management, LLC, with Solicitation Fraud, Misappropriation, and Embezzlement in Ponzi Scheme

Defendants charged with fraudulently soliciting and accepting at least $1.79 million from approximately 377 persons

In a related criminal action, Jenkins was indicted for securities fraud and is in custody awaiting trial

Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) today announced the filing of a federal civil enforcement action in the U.S. District Court for the Eastern District of North Carolina, charging Michael Anthony Jenkins of Raleigh, N.C., and his company, Harbor Light Asset Management, LLC (HLAM), with operating a Ponzi scheme for the purpose of trading E-mini S&P 500 futures contracts (E-mini futures). From at least January 2011 through January 2012, the defendants fraudulently solicited at least $1.79 million from approximately 377 persons, primarily located in Raleigh, N.C., in connection with the scheme, according to the complaint.

The CFTC complaint also charges Jenkins, the owner and President of HLAM, with embezzlement and failure to register with the CFTC as a futures commission merchant. Furthermore, Jenkins allegedly misappropriated $748,827 of investors’ funds to trade gold and oil futures, stock index futures, and E-mini futures in his personal accounts. Jenkins also used misappropriated funds to pay for charges at department and discount stores and gasoline stations, and for cellular phone bills and airline tickets, according to the complaint.

The CFTC complaint, filed on November 20, 2012, alleges that HLAM’s Investment Agreement falsely represented to investors that their investment was solely for investing in E-mini futures and that investors’ funds would be immediately wired to a specific trading account. However, according to the complaint, most of investors’ funds were misappropriated by HLAM and Jenkins. To conceal and continue the fraud, Jenkins allegedly sent trading spreadsheets and statements to investors that falsely reported trades and profits earned and inflated the value of investments. The defendants’ fraudulent conduct resulted in a loss of approximately $1.3 million in investor funds, consisting of $1.16 million in misappropriated and embezzled funds and $140,000 in trading losses, according to the complaint.

In its continuing litigation, the CFTC seeks restitution, return by Jenkins and HLAM of all ill-gotten gains received, civil monetary penalties, trading and registration bans, and permanent injunctions against further violations of the Commodity Exchange Act, as charged.

In a related criminal action by the Securities Division of the North Carolina, Department of the Secretary of State, Jenkins was indicted on August 20, 2012 on three counts of securities fraud in The General Court of Justice, State of North Carolina, Wake County, and is in custody awaiting trial.

The CFTC appreciates the assistance of the Securities Division of the North Carolina Department of the Secretary of State.

CFTC Division of Enforcement staff members responsible for this action are Xavier Romeu-Matta, Nathan B. Ploener, Christopher Giglio, Manal Sultan, Lenel Hickson, Stephen J. Obie, and Vincent A. McGonagle.

JUSTICE DEPARTMENT FILES LAWSUIT AGAINST eBAY INC.

FROM: U.S. DEPARTMENT OF JUSTICE

WASHINGTON — The Department of Justice filed a civil antitrust lawsuit against eBay Inc., alleging that it violated antitrust laws when it entered into an agreement not to recruit or hire Intuit Inc.’s employees. The department said that the agreement eliminated a significant form of competition to the detriment of affected employees who were likely deprived of access to better job opportunities and salaries.

The department’s Antitrust Division worked closely with the Office of the Attorney General of the State of California, which conducted its own investigation and filed a similar lawsuit today.

The department filed its lawsuit in U.S. District Court in the Northern District of California, in San Jose. The lawsuit seeks to prevent eBay from adhering to or enforcing the agreement and from entering into any similar agreements with any other companies. Intuit is already subject to a settlement prohibiting it from entering into such agreements as part of an earlier case with the department.

The department alleges the agreement, which was enforced at the highest levels of each company, barred either firm from soliciting each other’s employees, and for over a year barred at least eBay from hiring any employees from Intuit at all. In court papers, the department alleges that Meg Whitman, then eBay’s CEO, and Scott Cook, Intuit’s founder and executive committee chair, were intimately involved in forming, monitoring and enforcing the anticompetitive agreement. Cook was serving as a member of eBay’s board of directors at the same time he was making complaints about eBay’s recruiting of Intuit employees.

"eBay’s agreement with Intuit hurt employees by lowering the salaries and benefits they might have received and deprived them of better job opportunities at the other company," said Joseph Wayland, Acting Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. "The Antitrust Division has consistently taken the position that these kinds of agreements are per se unlawful under the antitrust laws."

According to the complaint, beginning no later than 2006, and lasting at least until 2009, eBay and Intuit entered an illegal agreement that restricted their ability to actively recruit employees from the other company, and for some period of time even restricted at least eBay from hiring any employees at Intuit. In 2007, the pact evolved into an agreement that eBay would not recruit Intuit’s employees. eBay’s recruiting personnel were instructed to not pursue potential applications that came from Intuit and to throw away such resumes, the department said.

As stated in the department’s complaint, eBay and Intuit are direct competitors for employees, including specialized computer engineers and scientists covered by the agreements at issue in the case.

The department said it was not necessary to name Intuit in today’s complaint because the company had previously been named in the division’s September 2010 lawsuit and settlement, and the relief the department obtained in the previous settlement is sufficient to prevent Intuit from entering into these types of agreements. In September 2010, the Antitrust Division filed a lawsuit against six high technology companies–Adobe Systems Inc., Apple Inc., Google Inc., Intel Corp., Intuit Inc. and Pixar–over a series of bilateral agreements not to solicit each other’s employees. All six companies entered into a settlement which prohibited them from entering agreements to refrain from, or pressure others to refrain from, soliciting, recruiting, or otherwise competing for another firm’s employees. The Antitrust Division also filed a lawsuit against Lucasfilm in December 2010 for entering into a similar agreement with Pixar, and Lucasfilm entered into a similar settlement. The eBay case grew out of the same investigation.

eBay is a Delaware corporation with its principal place of business in San Jose. In 2011, eBay had revenues of $11.7 billion.

Intuit is a Delaware corporation with its principal place of business in Mountain View, Calif. In 2011, Intuit had revenues of $3.85 billion.

MARINES CELEBRATE THANKSGIVING WHILE IN AFGHANISTAN

 

Marines with 3rd Battalion, 9th Marine Regiment, Regimental Combat Team 7 enjoy a Thanksgiving Day meal featuring turkey, mashed potatoes and gravy, stuffing and pumpkin pie in the dining facility at Forward Operating Base Geronimo, Afghanistan, Nov. 22, 2012. U.S. Marine Corps photo by Cpl. Timothy Lenzo

FROM: U.S. DEPARTMENT OF DEFENSE
Face of Defense: Marines Enjoy Thanksgiving Feast, Camaraderie
By Marine Corps Cpl. Timothy Lenzo
Regional Command Southwest

FORWARD OPERATING BASE GERONIMO, Afghanistan, Nov. 23, 2012 - Marines with 3rd Battalion, 9th Marine Regiment, Regimental Combat Team 7 were in the holiday spirit this Thanksgiving.

Thousands of miles from their loved ones, the Marines traded gathering with their friends and families for spending time with their brothers and sisters in arms.

"It's hard for Marines to be away from home this time of year," said Sgt. Corey Branner, logistics and supply chief with the battalion.

For Thanksgiving, the dining facility at Forward Operating Base Geronimo served a special menu for the Marines. They ate turkey, mashed potatoes and gravy, stuffing and pumpkin pie. All their holiday favorites were available. It was a welcome boost of morale at a time when many Marines miss their families the most.

"It's nice having a Thanksgiving Day meal rather than a [Meal, Ready-to-Eat]," said Branner, who hails from Chicago. "It helps the mindset of being away from home. A lot of these guys make groups of close friends in the Marine Corps, and today we are able to talk about more than Afghanistan, FOB Geronimo and work."

Marines often refer to one another as brothers and sisters, and for deployed Marines during the holidays, that saying holds true.

"They realize we are also their family," said Cpl. Justin Burns, warehouse noncommissioned officer with the battalion. "They turn to their brother to the left and right of them and say, 'You are my family, let's go eat dinner.'"

With the familiar Thanksgiving Day smells of turkey and gravy wafting through the air, the Marines joked and shared stories. With the television playing sports in the background, it gave some Marines a familiar aura while deployed to another country.

"I believe being away from their family for the holidays gives the Marines something to bond over," said Cpl. James Smoak, warehouse chief with the battalion. "No one wants to be away from their family, but I look forward to the camaraderie and spending time with my fellow Marines."

This is Smoak's fourth deployment and each deployment was during the holiday season. He is accustomed to not being home for Thanksgiving and said his family supports him.

"My family understands this is my job," said Smoak, from Icard, N.C. "This is what I do, and this is the profession that I chose."

Unlike Smoak, many of the Marines are on their first deployment to Afghanistan, and first away from their families and friends.

"We have a young battalion and some good senior leadership," Branner said. "I think the first time being away from home will be a humbling experience for them."

The new Marines had a welcome surprise when they arrived at the mess hall. The decorations and Thanksgiving Day menu helped boost morale.

"I don't think a lot of guys expected the mess hall to be decorated," said Burns, who hails from Fort Worth, Texas. "They had banners, cutouts and Happy Thanksgiving signs everywhere. It was really set up nice. They did a really great job for us."

The meal meant more to the new Marines than a different menu. In a country where holidays are still workdays, the pumpkin pie, turkey and camaraderie helped bring the Marines with 3rd Battalion, 9th Marines, closer together as a family.

RECENT U.S. NAVY PHOTOS

FROM: U.S. DEPARTMENT OF DEFENSE
U.S. Army surgeons, nurses and medics tend to a wounded Afghan national policeman on Forward Operating Base Farah in Farah City, Afghanistan, Nov. 20, 2012. The surgeons, nurses and medics are assigned to the 541st Forward Surgical Team and Provincial Reconstruction Team Farah, which has a mission to train, advise and assist Afghan government leaders at the municipal, district and provincial levels in the province. U.S. Navy photo by Chief Petty Officer Josh Ives.
 

Medical instruments await a team as they prepare a wounded Afghan national policeman for emergency surgery on Forward Operating Base, Afghanistan, Nov. 20, 2012. U.S. Navy photo by Chief Petty Officer Josh Ives.

 

MONEY NOW AVAILABLE SUPPORTING PARTNERSHIPS TO IMPROVE REHABILITATION PROGRAMS

Federal Prison In Miami

FROM: U.S. DEPARTMENT OF JUSTICE

Monday, November 19, 2012
Nearly $1 Million Now Available to Support Partnerships Offering Education and Workforce Training for Incarcerated Individuals Exiting Prisons

Reentry Education Model Released as Framework for Improving Rehabilitation Programs

The Department of Justice and the U.S. Department of Education announced today a new, nearly $1 million grant fund entitled, "Promoting Reentry Success through Continuity of Educational Opportunities" (PRSCEO), that will invest in innovative programs preparing incarcerated individuals to successfully reenter society with the support of education and workforce training. Eligible applicants include adult education providers partnering to connect education in state correctional facilities with local communities.

PRSCEO provides an important opportunity for applicants to create new approaches and improvements for existing rehabilitation services. Every year, more than 700,000 incarcerated individuals leave federal and state prisons. Yet, existing policies and programs too often fail to prepare released prisoners to reenter society, leading 4 of every 10 to commit new crimes or violate terms of their release within 3 years. Failure to support successful rehabilitation costs states more than $50 billion annually.

Based on a cooperative agreement, the one-time grant funding comes from a section of the Second Chance Act, administered by the Bureau of Justice Assistance, a component within the Office of Justice Programs at the Department of Justice.

"Expanding access to education is a proven strategy for reducing recidivism and preventing crime," said Attorney General Eric Holder. "By working together to support education and training programs for those rejoining our communities, the Departments of Justice and Education are helping to improve outcomes and ensure public safety."

"Education is key to creating successful pathways toward prosperity and opportunity for children and adults," said U.S. Secretary of Education Arne Duncan. "Promoting effective policies that offer education and workforce training to low-skill individuals will protect our communities and benefit our economy."

The announcement was made today during a Department of Education-hosted Correctional Education Summit that gathered outside experts engaged in pursuing developing innovations to improve educational opportunities for youth and adults in secure confinement facilities. In conjunction with the event, the Department of Education released a new Reentry Education Model guidance document. Guidance outlined in the reentry model offers evidence-based improvements to support low-skill individuals leaving prison to successfully transition back into society through education and career advancement.

Suggested improvements include establishing an integrated reentry program that offers and incorporates education services, workforce training, and job search support into intake and prerelease processes and links education to employment services; targeting job support to labor market demands that do not have criminal history restrictions; using technology to increase program access and data to measure performance and outcomes; and conducting thorough program evaluations to further share lessons learned and best practices.

FORMER EXECUTIVE PLEADS GUILTY TO OVERSEEING CREATION OF OVER 1 MILLION FRAUDULENT MORTGAGE-RELATED DOCUMENTS

FROM: U.S. DEPARTMENT OF JUSTICE

Tuesday, November 20, 2012
Former Executive at Florida-Based Lender Processing Services Inc. Admits Role in Mortgage-Related Document Fraud Scheme

Over 1 Million Documents Prepared and Filed with Forged and False Signatures, Fraudulent Notarizations

WASHINGTON – A former executive of Lender Processing Services Inc. (LPS) – a publicly traded company based in Jacksonville, Fla. – pleaded guilty today, admitting her participation in a six-year scheme to prepare and file more than 1 million fraudulently signed and notarized mortgage-related documents with property recorders’ offices throughout the United States.

The guilty plea of Lorraine Brown, 56, of Alpharetta, Ga., was announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney for the Middle District of Florida Robert E. O’Neill; and Michael Steinbach, Special Agent in Charge of the FBI’s Jacksonville Field Office.

The plea, to conspiracy to commit mail and wire fraud, was entered before U.S. Magistrate Judge Monte C. Richardson in Jacksonville federal court. Brown faces a maximum potential penalty of five years in prison and a $250,000 fine, or twice the gross gain or loss from the crime. The date for sentencing has not yet been set.

"Lorraine Brown participated in a scheme to fabricate mortgage-related documents at the height of the financial crisis," said Assistant Attorney General Breuer. "She was responsible for more than a million fraudulent documents entering the system, directing company employees to forge and falsify documents relied on by property recorders, title insurers and others. Appropriately, she now faces the prospect of prison time."

"Homeownership is a huge step for American citizens," said U.S. Attorney O’Neill. "The process itself is often intimidating and lengthy. Consumers rely heavily on the integrity and due diligence of those serving as representatives throughout this process to secure their investments. When the integrity of this process is compromised, illegally, public confidence is eroded. We must work to assure the public that their investments are sound, worthy, and protected."

Special Agent in Charge Steinbach stated, "Our country is increasingly faced with more pervasive and sophisticated fraud schemes that have the potential to disrupt entire markets and the economy as a whole. The FBI, with our partners, is committed to addressing these schemes. As these schemes continue to evolve and become more sophisticated, so too will we."

Brown was the chief executive of DocX LLC, which was involved in the preparation and recordation of mortgage-related documents throughout the country since the 1990s. DocX was acquired by an LPS predecessor company, and was part of LPS’s business when LPS was formed as a stand-alone company in 2008. At that time, DocX was rebranded as "LPS Document Solutions, a Division of LPS." Brown was the president and senior managing director of LPS Document Solutions, which constituted DocX’s operations.

DocX’s main clients were residential mortgage servicers, which typically undertake certain actions for the owners of mortgage-backed promissory notes. Servicers hired DocX to, among other things, assist in creating and executing mortgage-related documents filed with recorders’ offices. Only specific personnel at DocX were authorized by the clients to sign the documents.

According to plea documents filed today, employees of DocX, at the direction of Brown and others, began forging and falsifying signatures on the mortgage-related documents that they had been hired to prepare and file with property recorders’ offices. Unbeknownst to the clients, Brown directed the authorized signers to allow other DocX employees, who were not authorized signers, to sign the mortgage-related documents and have them notarized as if actually executed by the authorized DocX employee.

Also according to plea documents, Brown implemented these signing practices at DocX to enable DocX and Brown to generate greater profit. Specifically, DocX was able to create, execute and file larger volumes of documents using these signing and notarization practices. To further increase profits, DocX also hired temporary workers to sign as authorized signers. These temporary employees worked for much lower costs and without the quality control represented by Brown to DocX’s clients. Some of these temporary workers were able to sign thousands of mortgage-related instruments a day. Between 2003 and 2009, DocX generated approximately $60 million in gross revenue.

After these documents were falsely signed and fraudulently notarized, Brown authorized DocX employees to file and record them with local county property records offices across the country. Many of these documents – particularly mortgage assignments, lost note affidavits and lost assignment affidavits – were later relied upon in court proceedings, including property foreclosures and federal bankruptcy actions. Brown admitted she understood that property recorders, courts, title insurers and homeowners relied upon the documents as genuine.

Brown also admitted that she and others also took various steps to conceal their actions from clients, LPS corporate headquarters, law enforcement authorities and others. These actions included testing new employees to ensure they could mimic signatures, lying to LPS internal audit personnel during reviews of the operation in 2009, making false exculpatory statements after being confronted by LPS corporate officials about the acts and lying to the FBI during its investigation. LPS closed DocX in early 2010.

This case is being prosecuted by Trial Attorney Ryan Rohlfsen and Assistant Chief Glenn S. Leon of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Mark B. Devereaux of the U.S. Attorney’s Office for the Middle District of Florida. This case is being investigated by the FBI, with assistance from the state of Florida’s Department of Financial Services.

FEMA APPROVED NEARLY $633 MILLION FOR INDIVIDUALS AND FAMILIES TO RECOVER FROM HURRICANE SANDY

 

121110-N-ZZ999-003 BREEZY POINT, N.Y. (Nov. 10, 2012) Builder Constructionman Sean McHugh, Construction Mechanic Constructionman Devin Leahr and Builder 3rd Class Glenn Reardon, all assigned to Naval Mobile Construction Battalion (NMCB) 5, installing plywood to a building that was damaged during Hurricane Sandy. (U.S. Navy photo by Electronics Technician Seaman Sean Roozen/Released)

FROM: FEDERAL EMERGENCY MANAGEMENT AGENCY
NEW YORK — Since Hurricane Sandy struck New York, the Federal Emergency Management Agency has approved nearly $633 million to help individuals and families recover from the disaster.

FEMA is reaching out to all 13 designated counties with attention focused on the hardest hit areas of New York State. Assistance to the hardest hit areas includes:
Bronx $1.4 million
Kings $129.3 million
Nassau $217.4 million
New York $7.1 million
Queens $165.2 million
Richmond $65.9 million
Suffolk $43.8 million
FEMA provides the following snapshot of the disaster recovery effort as of Nov. 23:
More than 225,000 New Yorkers have contacted FEMA for information or registered for assistance with FEMA and nearly $633 million has been approved. Almost 116,000 have applied through the online application site at www.disasterassistance.gov, or on their smart phone at m.fema.gov.
36 Disaster Recovery Centers (DRCs) are open in the affected areas. These include mobile sites as well as fixed sites, and to date more than 47,000 survivors have been assisted at DRCs in New York.
Nearly 1,300 inspectors in the field have completed almost 123,000 home inspections.
1,067 Community Relations (CR) specialists are strategically positioned throughout affected communities, going door to door explaining the types of disaster assistance available and how to register. More teams continue to arrive daily.
9 fixed feeding sites are being operated by the New York City Office of Emergency Management.
4 Disaster Medical Assistance Teams (DMATs), 1 Rapid Deployment Force (RDF) and 1 National Veterinary Response Team (NVRT) from the Department of Health and Human Services remain deployed in New York.
13 New York counties are designated for both individual and public assistance, including: Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster and Westchester.
The U.S. Small Business Administration (SBA) has staff members at 18 Business Recovery Centers in the New York area to provide one-on-one help to business owners seeking disaster assistance and has approved more than $18.7 million in disaster loans to both individuals and businesses.
Individuals can register online at www.disasterassistance.gov or via smart phone at m.fema.gov. Applicants may also call 1-800-621-3362.

BEWARE OF BUYING FLOOD DAMAGED CARS

Photo Credit:  U.S. DOD.

FROM: U.S. CONSUMER FINANCIAL PROTECTION BUREAU
Don’t take a bath on a flood-damaged car

By Holly Petraeus
Hurricanes and severe storms can bring misery to a lot of people. We’ve all seen recent images of houses and cars submerged in water. Have you ever wondered what happens to those cars once the floodwater subsides?

Unfortunately, a number of them will be turning up for sale on the internet or at car lots halfway across the United States, with no mention that they were saturated in dirty water not so long ago. Although some states require disclosure of flood damage or salvage on a car title, other states do not – so you may not be able to rely on the car title for that information. If you’re taking out a loan to buy the car, it’s important to understand the impact flood damage can have on the car’s value and consider whether it’s worth the amount you’re borrowing.

You should be a cautious buyer and check out the car carefully before you buy. (Since flood damage can be hard to spot, it’s a good idea to consider paying an expert mechanic to inspect it for you.) Below are a few simple steps you can take to help protect yourself.
See: if there are any high-water or mud marks on the engine, the wheel wells, the trunk or even the glove box. Get a flashlight and take a look in those hard-to-reach places that might not have been cleaned. Lift up the carpet and look underneath for mud, rust or dirt.
Smell: the upholstery and the carpeting. Do they smell funky? Also, turn on the heat and see if there’s an electric/burning smell that might come from damaged wires. And turn on the AC and see if you get a blast of mildew-scented air.
Feel: the wires under the dashboard and in the engine (obviously when the car is turned off!). Do they feel brittle? That may be the result of immersion in water.
Listen: to the sound system/radio. If it sounds bad or isn’t working at all, that could be a sign of water damage. Ask why it’s not working.
Ask: the seller outright if the car was ever in a flood. While they may not have volunteered the information, they may be reluctant to lie when asked directly.
Consider: buying a vehicle history report that should tell you if the car’s been in a flood or issued a salvage title.
Realize: this isn’t just an issue of a bad-smelling car. Floods can damage vital parts of a car like the air bag system, brakes, and electrical system – and the damage may not show up right away. Your safety could be at risk if you are unknowingly riding around in a flood-damaged car.

Buying a car is one of the biggest consumer purchases you’ll make. Don’t put your hard-earned money into a flood-damaged lemon. Once you’ve signed the contract you’re committed, so Know Before You Owe!

NASA VIDEO: SPACE COMMUNICATION REVOLUTION

FROM: NASA

Laser Comm: That's a Bright Idea

Laser light made records obsolete. NASA is on the verge of doing the same thing with space based communications. Before the end of the decade, the Laser Communication Relay Demonstration (LCRD) mission will revolutionize the way we move tons of data from orbit to ground and all around the solar system.

Credit-NASA's Goddard Space Flight Center

U.S. FISH AND WILDLIFE SERVICE RELEASES LIST OF CANDIDATES FOR ENDANGERED SPECIES ACT PROTECTION

Relicit Leopard Frog is a candidate for the Endangered Species Protection. Territories
in which the relict leopard Frog is known to or is believed to occur are Arizona and Nevada. Photo Credit: U.S. Fish And Game Service.

FROM: U.S. FISH AND WILDLIFE SERVICE
U.S. Fish and Wildlife Service Releases Annual List of Candidates for Endangered Species Act Protection
November 20, 2012

The U.S. Fish and Wildlife Service today released its Candidate Notice of Review, a yearly appraisal of the current status of plants and animals considered candidates for protection under the Endangered Species Act (ESA). Three species have been removed from candidate status, two have been added, and nine have a change in priority from the last review conducted in October of 2011.

There are now 192 species recognized by the Service as candidates for ESA protection, the lowest number in more than 12 years. This reduction reflects the Service’s successful efforts to implement a court-approved work plan that resolves a series of lawsuits concerning the agency’s ESA Listing Program. Since its implementation, this agreement has significantly reduced litigation-driven workloads and allowed the agency to protect 25 candidate species under the ESA, and propose protection for 91 candidate species.

The agreement will continue to allow the agency to focus its resources on the species most in need of the ESA’s protections over the next five years, said Fish and Wildlife Service Director Dan Ashe.

"We’re continuing to keep the commitments we made under this agreement, which has enabled us to be more efficient and effective in both protecting species under the ESA, as well as in working with our partners to recover species and get them off the list as soon as possible," said Director Ashe. "Our ultimate goal is to have the smallest Candidate List possible, by addressing the needs of species before they require ESA protection and extending the ESA’s protections to species that truly need it."

Ashe noted that the work plan will enable the agency to systematically review and address the needs of every species on the 2011 candidate list – a total of more than 250 unique species – over a period of six years to determine if they should be added to the Federal Lists of Endangered and Threatened Wildlife and Plants.

Candidate species are plants and animals for which the Service has enough information on their status and the threats they face to propose them as threatened or endangered, but developing a proposed listing rule is precluded by the need to address other higher priority listing actions. Candidate species do not receive protection under the ESA, although the Service works to conserve them. The annual review and identification of candidate species provides landowners and resource managers notice of species in need of conservation, allowing them to address threats and work to preclude the need to list the species. The Service is currently working with landowners and partners to implement voluntary conservation agreements covering 5 million acres of habitat for more than 130 candidate species.

Today’s notice identifies two new candidate species: Peñasco least chipmunk (Sacramento and White Mountains, New Mexico) and Cumberland arrow darter (Kentucky and Tennessee). All candidates are assigned a listing priority number based on the magnitude and imminence of the threats they face. When adding species to the list of threatened or endangered species, the Service addresses species with the highest listing priority first. The nine changes in priority announced in today’s notice are based on new information in the updated assessments of continuing candidates. These changes include five species that increased in priority and four that lowered in priority.

The three species removed from the candidate list include elongate mud meadow springsnail, Christ’s paintbrush, and bog asphodel. Based on protections for almost all sites, the identification of additional sites, and updated information on threats, the bog asphodel no longer needs the protection of the ESA. The removal of the springsnail and paintbrush is based on the successful conservation efforts by other federal agencies. Efforts by the Bureau of Land Management for the springsnail fully addressed the threats from recreational and livestock use of the springs where the snail exists. Also, three additional populations of the springsnail have been discovered, making this species less vulnerable to random, naturally occurring events than previously thought. For Christ’s paintbrush, the U.S. Forest Service has successfully implemented numerous conservation actions that have ameliorated most of the previously known threats and established long-term monitoring programs to document their effectiveness on conservation actions. There is a long-term commitment by the Forest Service, through a 2005 Candidate Conservation Agreement and 2012 Memorandum of Agreement with the Service, to continue to implement conservation actions for this species.

The Service is soliciting additional information on the candidate species, as well as information on other species that may warrant protection under the ESA. This information will be valuable in preparing listing documents and future revisions or supplements to the candidate notice of review.

The Service also has multiple tools for protecting candidate species and their habitats, including a grants program that funds conservation projects by private landowners, states and territories. In addition, the Service can enter into Candidate Conservation Agreements (CCAs), formal agreements between the Service and one or more public or private parties to address the conservation needs of proposed or candidate species, or species likely to become candidates, before they actually become listed as endangered or threatened. CCA participants voluntarily commit to implementing specific actions removing or reducing the threats to these species, thereby contributing to stabilizing or restoring the species. Through 110 CCAs, habitat for more than 100 species is managed on federal, state, local agency, tribal and private lands; many CAAs have multiple cooperators focusing conservation actions in an area supporting a single or multiple species.

Another similar tool is the Candidate Conservation Agreement with Assurances (CCAAs). While these voluntary agreements are only between the Service and non-Federal landowners, they have the same goals as CCAs in addressing threats to candidate species, but with additional incentives for conservation actions on non-Federal lands. More than 71 landowners in 18 states have enrolled in CCAAs that cover over 1 million acres of habitat for 41 species.

The complete notice and list of proposed and candidate species appears in the Federal Register and can be found online at http://www.fws.gov/endangered/what-we-do/cnor.html.