SOLDIER SURVIVED MINE EXPLOSION AND RETURNED TO AFGHANISTAN

Army Staff Sgt. Steven Wentzell. U.S. Army photo by Sgt. Gene Arnold

FROM: U.S. DEPARTMENT OF DEFENSE

Face of Defense: Undeterred Soldier Returns to Afghanistan
By Army Sgt. Gene Arnold
4th Brigade Combat Team, 1st Infantry Division
WASHINGTON, Jan. 8, 2013 - An explosive ordnance disposal technician from Fort Drum, N.Y., is back in the country where he almost lost his life two years ago.

Army Staff Sgt. Steven Wentzell is training Afghan army explosive ordnance disposal teams in techniques, tactics and procedures.

Wentzell said the Army wasn't always in his career path, even though he is the grandchild of a Medal of Honor nominee. At first, he said, he simply was looking for something that would give him a marketable skill for a civilian career. But after joining the Army, he added, he found he enjoyed military life.

"I wanted something more stable," he said. "My grandfather was in the Army Air Corps in World War II. He was one of the men to drop the first bombs during the war, then he was a [prisoner of war] in the Korean War."

His grandfather steered him toward the military, Wentzell said. "But I only wanted to do four years and get out," he added. "So I talked over my choice with my wife, and she agreed. Three days later, I was in the Army."

Wentzell originally chose to become a heating, ventilation and air conditioning mechanic, thinking that this profession would be a lucrative career choice. But he soon realized it wasn't the job for him, he said.

He later deployed as a motor transportation operator in support of Operation Iraqi Freedom. This didn't give him the feeling he had hoped for when he joined the Army, he said. But on several missions, he saw explosive ordnance disposal technicians at work. Intrigued, he attended a question-and-answer session and decided to give EOD a shot.

His curiosity sparked a new job interest, Wentzell said, but he wasn't sure early on if he wanted to continue on the path he had started. He gave EOD a chance, completing contract extensions to finish EOD school, and finally found what he was looking for, he said.

When the time came to use his EOD skills in combat, he didn't hesitate to complete his mission. In March 2011, Wentzell was deployed to Regional Command South, where he cleared improvised explosive devices and unexploded ordnance. He finally got that rush of adrenaline and excitement he had been searching for all along, he said. With a child on the way, he re-enlisted during his deployment.

Just days after the birth of his daughter, the unthinkable happened. A flash of light, heat and a sudden jolt of energy threw his body backward. He'd stepped on an anti-personnel mine attached to a 25-gallon jug packed with homemade explosives. The mine exploded, but the jug didn't. Still, Wentzell broke his tibia, fibula, heel, ankle and toes, and he was medically evacuated.

"When I came to, I was angry; I wouldn't be able to keep my guys safe," Wentzell said. "I got depressed, because I was leaving my dudes. I knew I could keep them safe -- I wasn't sure about the next guy."

But he added that he considers himself lucky, noting that others had been killed or had lost limbs in explosions of similar mines.

The recovery process was long and hard, Wentzell said, but wasn't as bad as he thought it would be. He credits his determination and fighting spirit for cutting down his recovery time.

Now deployed to Regional Command East, Wentzell said he has decided not to allow that one accident to define him.

"I decided to come back here because I felt my time was cut short and I needed to do this," he said. "[If I didn't come back], I never could have known if I could handle it."

The time away helped him see how much Afghanistan has changed, Wentzell said, and the partnership with the Afghan soldiers has brought a new sense of commonality. "I've realized that the Afghan and coalitions forces have a common goal: a better Afghanistan," he said.

His current deployment has piqued another interest: instructing.

"I'm trying to be an instructor at Fort Lee, Va., for the pre-EOD course before the actual course at Eglin Air Force Base, Fla.," he said. "I want to stay in the Army and hopefully one day become a command sergeant major."

For those who have been injured in combat and still want to serve, Wentzell has a message to share.

"I really respect their decision," he said. "It's going to be hard, and at times, extremely hard. But if you have the will and determination to continue on, you'll be successful."

MEMBER OF "STICK UP KIDZ" CRIME GANG APPREHENDED

FROM:  U.S. MARSHALS SERVICE

U.S. Marshals Fugitive Task Force Arrests “Stick Up Kid”

January 07, 2013 - The U.S. Marshals Western Pennsylvania Fugitive Task Force assisted by officers from the Erie Bureau of Police arrested James Gates III. Gates was taken into custody in Erie, PA. Gates is believed to be a member of the “Stick Up Kidz” in Erie. Several members are alleged to have committed home invasion robberies and burglaries in the Erie County area. Gates is wanted on charges of Robbery, Criminal Conspiracy to Commit Robbery, Corrupt Organizations, Criminal Conspiracy to a Corrupt Organization, Burglary, Criminal Conspiracy to Commit Burglary, Theft by Unlawful Taking and Conspiracy to Commit Theft by Deception.

USA.GOV GIVES ADVICE ON FINDING A CREDIT COUNSELING AGENCY

FROM:  USA.GOV
How to Choose a Credit Counseling Agency
It’s easy to get into debt. It’s much harder to get out of it.

Fortunately, there are credit counseling agencies that can help you get your finances in order. They can help you figure out a budget and stick to it while managing your debt and avoiding future financial pitfalls.

However, not all credit counseling agencies are the same. Some offer free or low-cost services while others charge high fees or might not be trustworthy. The following tips will help you choose the right credit counseling agency.

Look for Agencies with a Good Reputation

Most reputable credit counseling agencies are nonprofits that offer free or low-cost services. However, the fact that an agency is a nonprofit does not guarantee that it is affordable or that it has a good reputation. Here are some tips for selecting a credit agency you can trust:
Ask family members and friends if they can recommend an agency. It’s best to pick one that has been around for several years and has a well-established reputation.
Use credit agencies or credit counseling services referred by credit unions, banks, universities or military bases.
Choose a credit agency that’s been approved by the Federal Government.
You can also check out state and local consumer agencies to find out if a credit agency has complaints.

Compare Services and Costs

Once you have a list of agencies you can trust, the next step is to take a closer look at the services and costs they offer so that you can choose the one that best serves your needs. Be careful with credit agencies that charge high fees for services that you can get for free somewhere else.

Some of the most common services offered by credit agencies include:
Professional, person-to-person assistance with managing your money and debt.
Help putting together a family budget and sticking to it.
Free workshops and educational material.
Ask Lots of Questions

Before finally choosing a credit agency, it’s worth writing down a list of questions you might have so that you can avoid surprises such as hidden fees or limited services. Here are some questions to help you pick the right credit agency.
Are there different fees for different services? Some agencies might charge for initial consultations or a monthly fee. Be careful with agencies that pay their employees more depending on the services you sign up for.
Will you be signing a contract before getting counseling? If so, be sure to read the contract before signing it.
Does the agency have the right certifications to provide credit counseling? It’s best to use agencies that have been certified by independent organizations.
What is the privacy policy of the agency? It’s important that your personal and financial information is protected.

ROBONAUT 2: FIRST HUMANOID IN SPACE

FROM: NASA

Robonaut Operates Task Board in Space
In the International Space Station's Destiny laboratory, Robonaut 2 is pictured on Jan. 2, during a round of testing for the first humanoid robot in space. Ground teams put Robonaut through its paces as they remotely commanded it to operate valves on a task board.

Robonaut is a testbed for exploring new robotic capabilities in space, and its form and dexterity allow it to use the same tools and control panels as its human counterparts do aboard the station.

Photo Credit: NASA

U.S. GIVES TERRORIST DESIGNATIONS TO TWO MEN TIED TO 2008 KHARTOUM ATTACK

FROM:  U.S. STATE DEPARTMENT
Terrorist Designations of Abdelbasit Alhaj Alhassan Haj Hamad and Mohamed Makawi Ibrahim Mohamed
Media Note 
Office of the Spokesperson 
Washington, DC
January 8, 2013

The U.S. Department of State has designated Abdelbasit Alhaj Alhassan Haj Hamad and Mohamed Makawi Ibrahim Mohamed under Executive Order 13224, which targets terrorists and those providing support to terrorists or acts of terrorism. As a result of this designation, all property subject to U.S. jurisdiction in which Abdelbasit and Makawi have any interest is blocked and any assets they may have under U.S. jurisdiction are frozen. U.S. persons are generally prohibited from engaging in transactions with them. This action will help stem the flow of financial and other assistance to these terrorists.

Abdelbasit and Makawi participated in an armed attack in Khartoum, Sudan on January 1, 2008, which resulted in the deaths of a U.S. diplomat serving with the U.S. Agency for International Development (USAID), John Michael Granville, and Adbelrahman Abbas Rahama, a Sudanese USAID employee. Abdelbasit shot Granville and Makawi killed Abbas Rahama during the attack. Both Abdelbasit and Makawi were convicted of murder and sentenced to death in a Sudanese criminal court in 2009. In 2010, they killed a Sudanese police officer and wounded another while escaping from prison. They remain at large.

The attack occurred when Granville and Abbas were leaving a New Year’s Eve party in Khartoum. Abdelbasit shot Granville and Makawi killed Abbas Rahama during the attack. Both men and two co-conspirators were convicted of murder and sentenced to death in a Sudanese criminal court in 2009. In 2010, they killed a Sudanese police officer and wounded another while escaping from a maximum security prison through a tunnel. One of the escapees was captured; another was reportedly killed in Somalia in May 2011.

SOLAR PANELS AT WEST POINT

The installation of solar panels on top of the Lichtenberg Tennis Center has become a visible sign of progress in West Point’s Net Zero Energy goals. Photo by Nicole Ciaramella, West Point DPW

FROM: U.S. DEPARTMENT OF DEFENSE
ARMED WITH SCIENCE
Solar Panels Deliver New Energy To West Point's Net Zero Initiative
Written on January 7, 2013 at 7:50 am by jtozer


Since becoming a Net Zero Energy pilot installation last April, West Point has been making strides toward the ultimate goal of producing as much energy as it uses by 2020.

According to an environmental assessment for the U.S. Army Environmental Command and West Point Garrison, the installation currently generates less than .02 percent of the energy it consumes from renewable sources. Matt Talaber, Department of Public Works engineer and director, said the solar panels will be a step in the right direction.

"The solar panels are very visible and a very recognizable part of our renewable energy initiative that can immediately click with the general public," Talaber said.
"It’s a positive image that shows West Point is interested in renewable energy and is working on its Net Zero energy goals."
The work began Oct. 15 with minor roof repairs before the panels were attached to a metal rack system. When the wiring to the interior controls is completed, the photovoltaic technology will service approximately 50-60 percent of the building’s energy consumption annually.

The tennis center was an ideal location for the panels due to its southern exposure; lots of light and an uninterrupted rooftop, with no parking or other activity.

lots of light and an uninterrupted rooftop, with no parking or other activity.

"We have our projections about how well these panels will do, but now we have a real functional lab, if you will, in a single building where we can really track current usage against past usage," Talaber said.

Talaber admits the solar panels are high on the list of visible achievements for Net Zero, but they’re not the sole accomplishment to date. Talaber cited several multi-million dollar projects underway, all designed to improve energy savings so the installation will reach its goals.

"These (projects) are energy saving related projects happening in mechanical rooms and rooftops that aren’t as widely recognized as, say, solar panels or wind turbines," Talaber said.

Paul Simihtis, DPW’s Energy Branch chief, said as the Net Zero process continues at West Point, it’s important to acknowledge that a major component in the end state is general conservation–reducing the post’s energy consumption.
"That’s the kind of thing that isn’t visible and hard for most people to see because those are the things we do inside the buildings–the controls and HVAC upgrades," Simihtis said. "Creating renewable energy becomes the next piece in this."
Behavior change is hard, Talaber said, but the message needs to be constant and continual in this process.

"It’s about getting into the basics of cutting back … shutting the window or turning the air condition down or the lights off," Talaber said. "If many people do a lot of small things, we will realize great gains, and that’s the area we need to attack first."

That’s where garrison tenants meet with academic departments to combine expertise, explore research opportunities and provide meaningful capstone projects for cadets to become involved. Talaber also credited the West Point Energy Council for its role in integrating subject matter experts to solve the installation’s energy problems.

Even before West Point was named a Net Zero installation, Talaber said it’s been a longstanding goal for all new construction to go beyond minimal energy efficiency standards.

As the Science Center and Bartlett Hall continue to take shape, signs have been posted around this construction indicating compliance to this mission. Any new building construction, Simihtis said, is targeted with an aggressive BTU-per square foot number to ensure optimal energy efficiency. He cited the Science Center and barracks projects as measuring up to these high standards.

"We’re on track to have one of the most efficient new barracks designs in the Army right now," Simihtis said.

"When we renovate now we are much more sensitive to energy standards and new energy codes," Talaber said. "But because we are Net Zero we’ve tried to go above and beyond the simple things like glazing of windows and building insulation. Part of our Energy Savings Performance contract, the first one we had, the company is conducting work on behavioral change and getting the message out about conservation."

There’s a host of other energy savings initiatives being explored at DPW, from micro-hydro power and waste-to-energy projects to geothermal systems on the waterfront.

"There’s a wide array of possibilities and corresponding research being done," Talaber said. "Our effort is being complemented by three different research labs across the country with foremost experts in energy conservation and renewable energy."

The deadline to become energy efficient is several years away, but there’s still much to do to achieve its goals.

"We have quickly moved into project execution and are well on our way," Talaber said. "Net Zero really helped focus us across the academy with this common goal."

By Mike Strasser, U.S. Military Academy Public Affairs


　

U.S. State Department Daily Press Briefing - January 8, 2013: Transcript

Daily Press Briefing - January 8, 2013

VIDEO: BUBBLES IN THE HELIOSHEATH

FROM: NASA

Sea of Bubbles at Edge of Solar System
This animation summarizes the new heliospheric scenario and the formation of the "sea" of bubbles in the heliosheath. The Sun’s magnetic field points toward the Sun in the Northern hemisphere and away from the Sun in the Southern (shown in red and blue). These oppositely pointing magnetic fields are separated by a layer of current called the heliospheric current sheet. Due to the tilt of the magnetic axis in relation to the axis of rotation of the Sun, the heliospheric current sheet flaps like a flag in the wind. The flapping current sheet separates regions of oppositely pointing magnetic field, called sectors. As the solar wind speed decreases past the termination shock, the sectors squeeze together, bringing regions of opposite magnetic field closer to each other. When the separation of sectors becomes very small, the sectored magnetic field breaks up into a sea of nested "magnetic bubbles" in a phenomenon called magnetic reconnection.

Press Briefing For January 8, 2013 | The White House

Press Briefing | The White House

DVIDS - Video - DoD Briefing For January 8, 2013

DVIDS - Video - DoD Briefing

DOD News Briefing with George Little from the Pentagon

DOD News Briefing with George Little from the Pentagon

FEMA HURRICANE SANDY CLEANUP PHOTOS

FROM: FEDERAL EMERGENCY MANAGEMENT AGENCY
Breezy Point, N.Y., Jan. 3, 2013 -- The U.S. Army Corps of Engineers begins residential demolition and debris removal of houses fully destroyed by Hurricane Sandy in Breezy Point, NY. FEMA is providing public assistance funds to aid partners in the cleanup of Breezy Point and the Rockaways in Queens, NY. Andre R. Aragon-FEMA

DOD COMPTROLER SAYS NEED MORE STABILITY IN BUDGET SIZE, PROCESS

FROM: U.S. DEPARTMENT OF DEFENSE
DOD Comptroller: Budget Stability Key to National Security
By Cheryl Pellerin
American Forces Press Service

WASHINGTON, Jan. 8, 2013 - Stability in the size of the Defense Department's budget -- and especially in the process of funding it -- is critical to maintaining national security, DOD Comptroller Robert F. Hale said here yesterday.

During a keynote address at the Brookings Institution here, Hale discussed three steps that must be taken to accommodate lean budget times.

Two of the steps already are in place, he said: determining a defense strategy to guide spending and instituting initiatives that stretch defense dollars.

"And third, we need -- I would say desperately need -- more stability, both in terms of budget size and, maybe particularly, budget process," Hale added.

In more than three decades of working in and around the defense budget, he said, he has never seen a period featuring greater budgetary uncertainty than the next few months present.

Meanwhile, Hale said, he hopes to submit the fifth defense budget he's overseen as comptroller.

"The first two [budgets] featured increases in the top line," he said. "The third one, in February 2011, featured substantial top-line reduction, and the last one featured a significant reduction: about $260 billion over a five-year period relative to our planned $487 billion [reduction] over 10 years. And we may not be done."

The 2012 American Taxpayer Relief Act, which Congress passed Jan. 1, may force further reductions, Hale said. Although the law avoided activating a "sequestration" mechanism in a budget law passed last year, the threat of that mechanism's automatic across-the-board cuts now looms beginning March 1, he added.

"We're still working on the details, but the total sequestration for DOD appears to be roughly $45 billion if it all goes into effect -- about 9 percent of our budget," Hale explained.

"That is less than the sequestration [amount of about $62 billion] we faced before passage of the New Year's Day act. That could have been as much as 12 percent. But we also have two fewer months in which to accommodate those changes," he said.

At a time when U.S. national security challenges have never been more complex, Hale said, the lack of budgetary stability and the reliance on continuing resolutions, which fund only a portion of the fiscal year budget at a time, makes it very hard to plan and extremely hard to plan well.

"We also cannot rule out an extension of the continuing resolution throughout the rest of this year, and that would sharply reduce the operation and maintenance funds that we have available and that we need to maintain readiness," one of the department's highest priorities, the comptroller said.

And while U.S. troops are in Afghanistan, protecting funds for wartime operations means even larger cuts in base budget dollars available for readiness, he noted.

"I think the nation's security would be better served if Congress adopted and then stayed with a more stable budget plan," Hale said.

The department hasn't enjoyed much budget-process stability during his tenure as comptroller, Hale added.

"I have personally coordinated four shutdown drills," he said. "During two of them, I was sitting in my office at 8 at night, not knowing whether at midnight we would shut down the department or not. Fortunately, we didn't in either case."

Continuing resolutions -- the nation is operating under one right now, he pointed out -- "really hogtie the department and its ability to manage," Hale added.

A questioner asked Hale how industry can help the department navigate in a leaner budget environment. "We need you to sharpen your pencils as much as we are trying to do with regard to your overhead and anything else that would help us hold down costs," he replied.

The department's Better Buying Power initiative, established in 2010, was directed at improving efficiency and productivity for the $400 billion DOD spends annually on goods and services. Part of the initiative seeks to work "more closely with industry to see what you can do there. In return, we owe you some stability, and ... we're not there yet," Hale said.

"My hope is that in the next two months, all of us in the leadership of the nation and the Congress can work together to provide that stability," he added. "Our national security demands no less."

NEWS FROM AFGHANISTAN FOR JANUARY 8, 2013

Photo:  Destroying Captured Weapons.  Credit:  U.S. DOD

FROM: U.S. STATE DEPARTMENT

U.S., Afghan Forces Arrest Taliban Facilitator
From an International Security Assistance Force Joint Command News Release

WASHINGTON, Jan. 8, 2013 - A combined Afghan and coalition security force arrested a Taliban facilitator today in the Pul-e Khumri district of Afghanistan's Baghlan province, military officials reported.

The facilitator belonged to a group of insurgents who carry out bomb attacks in the province. He was personally responsible for assisting in the transfer of improvised explosive devices and conducting IED attacks against Afghan and coalition forces.

In other Afghanistan operations today:

-- A combined force killed two insurgents, including the Taliban leader Khanjar, in Nangarhar province's Khugyani district. Khanjar, also known as Izat and Abu Khaled, directed attacks against Afghan government officials and Afghan and coalition forces. The security force also arrested a local Taliban leader who oversaw the transfer and delivery of weapons and ammunition.

-- An Afghan-led security force, supported by coalition troops, arrested two insurgents during a search for a Haqqani network leader in Khost province's Sabari district. The Haqqani leader directs and conducts attacks against Afghan and coalition forces.

In an operation yesterday, a combined force killed Taliban leader Mohammad Sayed and another insurgent in Helmand province's Washer district. Sayed distributed weapons and ammunition to Taliban fighters and was trying to acquire rockets for attacks targeting Afghan government officials.

Una cuna de estrellas

Una cuna de estrellas

The drug-free kids tool

The drug-free kids tool

WOMAN INDICTED FOR IDENTITY THEFT TO OBTAIN TAX REFUNDS

FROM: U.S. DEPARTMENT OF JUSTICE
Monday, January 7, 2013
Georgia Woman Indicted for Stealing Identities to Obtain Tax Refunds

A federal grand jury in Montgomery, Ala., returned a superseding indictment charging Deatrice Smith Williams and Quentin Collick for their roles in a stolen identity refund fraud conspiracy, Assistant Attorney General Kathryn Keneally of the Justice Department’s Tax Division, U.S. Attorney for the Middle District of Alabama George L. Beck Jr. and the Internal Revenue Service (IRS) announced today. The 13 count indictment charges Williams and Collick with conspiracy to file false claims, theft of public funds, wire fraud and aggravated identity theft.

On Aug. 9, 2012, Quentin Collick was indicted for his role in the conspiracy. In November 2012, pursuant to a criminal complaint, Williams was arrested for her role in the conspiracy. The superseding indictment was unsealed today.

According to court documents, Williams worked for a debt collection company in Georgia. As part of her employment, Williams had access to names and social security numbers. She provided several names and Social Security numbers to her son-in-law, Quentin Collick. Collick, and his co-conspirators used those names to file false tax returns from the Middle District of Alabama. Collick and his co-conspirators, in turn, cashed several fraudulent federal refund checks.

An indictment merely alleges that crimes have been committed, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Collick and Williams each face maximum potential sentences of 10 years in prison for the conspiracy count, up to 20 years in prison for each wire fraud count, and a mandatory 2-year sentence for the aggravated identity theft counts. Collick also faces up to 10 years in prison for each theft of public funds count. They are also subject to fines and mandatory restitution if convicted.

The case was investigated by Special Agents of the IRS - Criminal Investigation. Tax Division Trial attorneys Jason H. Poole and Michael Boteler and Assistant U.S. Attorney Todd Brown are prosecuting the case.

U.S.-CHILE JOINT COMMISSION FOR ENVIRONMENTAL COOPERATION

Map:  Chile.  Credit:  CIA World Factbook

FROM: U.S. STATE DEPARTMENT

Sixth Meeting of the U.S.-Chile Environmental Affairs Council and Fourth Meeting of the U.S.-Chile Joint Commission for Environmental Cooperation

Media Note
Office of the Spokesperson
Washington, DC
January 7, 2013

U.S. Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs Dr. Kerri-Ann Jones will lead the United States delegation and co-chair the sixth meeting of the U.S.-Chile Free Trade Agreement (FTA) Environmental Affairs Council and fourth meeting of the U.S.-Chile Environmental Cooperation Agreement Joint Commission for Environmental Cooperation in Santiago, Chile on January 9. Acting Assistant Trade Representative for Environment and Natural Resources Jennifer Prescott will co-lead the U.S. delegation at the Council meeting.

Ana Novik, Director of Multilateral Economic Affairs in the Ministry of Foreign Relations’ Directorate for International Economic Relations will co-chair the Council for Chile. The Commission will also be co-chaired by Ambassador José Luis Balmaceda, Director of Environment and Natural Resources in Chile’s Ministry of Foreign Relations.

These meetings reaffirm the strong commitment of the United States and Chile to work together to preserve and protect the environment by implementing the FTA’s Environment Chapter and the U.S. Chile Environmental Cooperation Agreement. As part of these meetings, Commission and Council members will also host a public session with representatives from civil society to discuss Environment Chapter obligations and the results of environmental cooperation activities in Chile.

Since the United States and Chile signed the Environmental Cooperation Agreement in 2003, the United States has dedicated more than $4 million to support trade-related projects in Chile under this agreement. Joint efforts have brought more than six million hectares of land under improved natural resource management; reached approximately 30,000 people though informational guides to promote public participation; and, trained over 300 officials in natural resource management, biodiversity conservation, and environmental enforcement.

The success of this bilateral cooperation demonstrates how increased trade and stronger environmental protection can complement each other and how the two nations are leveling the playing field by helping ensure that businesses in Chile are playing by similar environmental rules as businesses in the United States.

EPA AND NEW CINGULAR WIRELESS REACH AGREEMENT TO RESOLVE VIOLATIONS AT 332 SITES

FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
Settlement with New Cingular Wireless to Resolve Violations at Hundreds of Legacy AT&T Wireless Sites

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and New Cingular Wireless (NCW) have reached an administrative settlement requiring the company to pay a civil penalty of $750,000 and spend $625,000 on environmental projects to resolve alleged reporting, planning and permitting violations at 332 legacy AT&T Wireless (AWS) sites now owned by NCW.

The violations, which occurred at AWS sites in 43 states, such as cellular towers, transmitter sites, switching stations and warehouses, included failure to comply with Emergency Planning and Community Right-to-Know Act (EPCRA) reporting requirements related to the presence of sulfuric acid and diesel fuel at sites, inadequate or no Clean Water Act (CWA) Spill Prevention, Control, and Countermeasure (SPCC) Plans, and Clean Air Act (CAA) minor source permitting requirements.

The EPCRA requirements help communities plan for emergencies involving hazardous substances, the CWA’s SPCC rule requires facilities to have oil spill prevention, preparedness, and response plans to help prevent oil discharges to navigable waters and adjoining shorelines, and the minor source permitting requirements under the CAA ensure that air emissions limits are met.

Under the settlement, NCW will provide a certification of EPCRA compliance at 1,356 sites and conduct comprehensive compliance audits of CAA and CWA/SPCC requirements at 1,361 and 41 legacy-AWS facilities, respectively. NCW has also agreed to pay stipulated penalties for all disclosed and corrected violations discovered through these audits.

NCW has also agreed to conduct environmental projects, which will provide hazardous materials awareness and health/safety training to building inspectors and fire fighters. The projects will also support the procurement of emergency response equipment such as fire-fighting equipment, gas meters, hazmat identification equipment, satellite phones and other emergency communications equipment. The seven entities, located in four states that will benefit from the projects are: Palm Beach County Fire Rescue and Georges Lake Volunteer Fire Department, Putnam County, Fla., New York City Fire Department, N.Y., Yancey, Texas Volunteer Fire Department, Texas, and San Diego, County California Office of Emergency Services, Bodega Bay, California Fire Protection District, and Los Angeles, California Police Department Calif.

Since 1998, nearly 6,000 telecommunications facilities have been brought into compliance through more than 30 settlements as part of EPA’s effort to improve compliance in the telecommunications sector.

SECRETARY OF DEFENSE PANETTA LAUDS NOMINEES FOR CIA DIRECTOR AND DEFENSE SECRETARY

President Barack Obama thanks Defense Secretary Leon E. Panetta after Obama announced his nomination of Chuck Hagel as the new defense secretary at the White House, Jan. 7, 2013. Hagel, a former U.S. senator from Nebraska, earned two Purple Hearts as an infantry squad leader during the Vietnam War. DOD photo by U.S. Navy Petty Officer 1st Class Chad J. McNeeley

 FROM: U.S. DEPARTMENT OF DEFENSE

Panetta Lauds Nominees for Defense Secretary, CIA Director
By Karen Parrish
American Forces Press Service
WASHINGTON, Jan. 7, 2013 - Defense Secretary Leon E. Panetta today endorsed President Barack Obama's nominee to succeed him at the helm of the Pentagon.

Obama announced his nomination of Chuck Hagel as the next defense secretary at the White House today. The president also announced he has nominated John Brennan as the next CIA director.

If confirmed by the Senate, Hagel will replace Panetta, who confirmed today that he plans to retire. Brennan, if confirmed, will replace retired David H. Petraeus, who resigned as CIA director in November. Michael Morell, the agency's deputy director, has been acting director since Petraeus stepped down.

"Let me express my deepest gratitude to the president for giving me the honor and the privilege of serving in your administration over these last four years as director of the CIA, and now as secretary of defense," Panetta said after Obama's announcement.

Panetta said he is proud of what he and the rest of the national security team accomplished during those years. He commends the president on today's nominations, he said, and added that Brennan "will be a strong leader" for the CIA.

Hagel, Panetta said, is a patriot, a decorated combat veteran and a dedicated public servant.

"I believe his experience, his judgment [and] his deep understanding of the security issues facing this country make him the right choice to be secretary of defense," the secretary said.

Panetta said he plans to retire to his walnut farm in California with his wife, Sylvia, their three children and their families, including six grandchildren. The secretary said he is deeply grateful to his family "for giving me the fullest measure of love and support during my many absences from home throughout my long career of public service."

Panetta added he will leave Washington with a deep sense of pride in "what we have accomplished during these last four years."

As both CIA director and as defense secretary, he said, "I have always believed that our fundamental mission is to keep America safe."

America is safer and more secure today, Panetta said, because of the "outstanding dedication of our intelligence and military professionals."

The secretary concluded his remarks by thanking the service members and civilians he has served with and led in the Defense Department.

"In particular, let me deeply thank the outstanding men and women in uniform ... who put their lives on the line every day, on distant battlefields, for this country," Panetta said. "Their sacrifices teach us that freedom is not free -- a strong democracy depends on a strong defense. But you can also not have a strong and stable defense without a strong and stable democracy."

Panetta noted the nation continues to face financial challenges and global security threats. "My hope for the future," he added, "is that the sense of duty our service members and their families exhibit every day inspires the leaders of this nation to have the courage to do what is right: to achieve the American dream to give our children a better life, and to build a more secure future."

Hagel, 66, is a former U.S. senator from Nebraska. He served as an Army sergeant in the Vietnam War, and earned two Purple Hearts as an infantry squad leader there. He later co-founded a cellular telephone company.

Hagel's experience includes stints as deputy administrator for the Veterans Administration -- now the Veterans Affairs Department -- and as CEO and president of the USO. He served in the Senate from 1997 to 2009, where he was a member of the foreign relations and intelligence committees.

Hagel currently is a professor at the Edmund A. Walsh School of Foreign Service at Georgetown University. He also is chairman of the Atlantic Council and co-chairman of the President's Intelligence Advisory Board.

Brennan, 57, is the deputy national security advisor for homeland security and counterterrorism. He spent 25 years at the CIA, during which he worked as a Near East and South Asia analyst, served as station chief in Saudi Arabia, and directed the National Counterterrorism Center.

Your health info, on the go

Your health info, on the go

ROMANIAN NATIONAL SENTENCED FOR ROLE IN MULTIMILLION-DOLLAR REMOTE HACKING SCHEME

FROM: U.S. DEPARTMENT OF JUSTICE

Monday, January 7, 2013
Romanian National Sentenced to 21 Months in Prison for Role in Multimillion-Dollar Scheme to Remotely Hack into and Steal Payment Card Data from Hundreds of U.S. Merchants’ Computers

WASHINGTON – A Romanian national was sentenced today to serve 21 months in prison for his role in an international, multimillion-dollar scheme to remotely hack into and steal payment card data from hundreds of U.S. merchants’ computers, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division; U.S. Attorney for the District of New Hampshire John P. Kacavas; and Holly Fraumeni, Resident Agent in Charge of the U.S. Secret Service (USSS), Manchester, N.H., Resident Office.

Cezar Butu, 27, of Ploiesti, Romania, was sentenced by Judge Steven J. McAuliffe in U.S. District Court in New Hampshire.

On Sept. 17, 2012, Butu pleaded guilty to one count of conspiracy to commit access device fraud.

In his guilty plea, Butu admitted that, from approximately 2009-2011, he participated in a Romanian-based conspiracy to hack into hundreds of U.S.-based computers to steal credit, debit and payment account numbers and associated data (collectively "payment card data") that belonged to U.S. cardholders. According to court documents, Butu and his co-conspirators used the stolen payment card data to make unauthorized charges on, and/or transfers of funds from, cardholders’ accounts (or alternatively to transfer the stolen payment card data to other co-conspirators who would do the same). Butu admitted that he repeatedly asked an alleged co-conspirator to provide him with stolen payment card data and that the alleged co-conspirator provided him with instructions for how to access a website where a portion of the stolen payment card data was stored. Butu later attempted to use the stolen payment card data to make unauthorized charges on, or transfers of funds from, the accounts. According to Butu’s plea agreement, he also attempted to sell, or otherwise transfer, the stolen payment card data to other co-conspirators for them to use in a similar manner. Butu admitted to acquiring stolen payment card data belonging to approximately 140 cardholders during the course of the scheme.

In his plea agreement, Butu agreed to be sentenced to 21 months in prison.

Butu’s co-conspirator Iulian Dolan pleaded guilty to one count of conspiracy to commit computer fraud and two counts of conspiracy to commit access device fraud, and has agreed to be sentenced to seven years in prison. Dolan’s sentencing hearing is scheduled for April 4, 2013.

Alleged co-conspirator Adrian-Tiberiu Oprea is scheduled for trial on Feb. 20, 2013, in U.S. District Court in New Hampshire.

The case was investigated by the USSS, with the assistance of the New Hampshire State Police and the Romanian Directorate of Investigation of Organized Crime and Terrorism.

The case is being prosecuted by Trial Attorney Mona Sedky in the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Arnold H. Huftalen from the District of New Hampshire.

RECENT U.S. NAVY PHOTOS

FROM: U.S. NAVYAn EA-18G Growler from Electronic Attack Squadron (VAQ) 132 returns from a mission and taxis on the Naval Air Facility Misawa flight line. VAQ-132 is deployed to northern Japan supporting U.S. 7th Fleet. U.S. Navy photo by Mass Communication Specialist 1st Class Alfredo Rosado (Released) 130107-N-ZV190-006

130103-N-AF626-001 SOTO CANO AIR BASE, Honduras (Jan. 3, 2013) Builder 2nd Class Brandon Smith, assigned to Naval Mobile Construction Battalion (NMCB) 27, constructs formwork in preparation for a concrete pour at Soto Cano Air Base, Honduras. Smith is part of a team of Seabees supporting construction operations for the base and U.S. Special Operations Command South. The Seabees from NMCB-27 are forward deployed throughout South and Central America in support of U.S. Naval Forces Southern Command/ U.S. 4th Fleet multinational partnership and humanitarian assistance missions. (U.S. Navy photo by Lt. j.g. Teresa Bustamante/Released)

Press Briefing For January 8, 2013 | The White House

Press Briefing | The White House

President Obama Makes a Personnel Annoucement | The White House

President Obama Makes a Personnel Annoucement | The White House

ISS UPDATE FOR JANUARY 7, 2013

FROM:  NASA VIDEO

ISS Update - Jan. 7, 2013

U.S.-BULGARIA RELATIONS

Map:  Bulgaria.  Credit:  CIA World Factbook.

FROM: U.S. DEPARTMENT OF STATE
The United States established diplomatic relations with Bulgaria in 1903. A Consular Agency was established in Sofia on January 12, 1912. It reported to the Consulate General in Bucharest. The first American Consular Agent in Bulgaria was actually a Bulgarian national, Asen Kermekchiev (later Ace Kermek), a businessman, physician, and journalist. Kermekchiev served the United States Government even while working as a field doctor for Bulgaria in the First Balkan War, and was praised for protecting American lives and property while at the front. He also founded the first American Chamber of Commerce in Sofia. Bulgaria was allied with Germany in World War II, and became a satellite of the Soviet Union at the war's end. As Bulgaria emerged from communism in the 1990s, the United States moved to encourage development of multi-party democracy and a market economy.

Bulgaria is a reliable ally in an area of strategic importance to the United States. The U.S.-Bulgarian Defense Cooperation Agreement gives the United States military access to and shared use of several Bulgarian military facilities. The access facilitates joint training between the U.S. military and the Bulgarian and Romanian militaries. Bulgaria has participated in North Atlantic Treaty Organization (NATO), European Union (EU), and coalition operations, including in Libya, Iraq, Afghanistan, Kosovo, and Bosnia.

We work closely with the government of Bulgaria in strengthening the rule of law and have strong cooperation in law enforcement.

On any given day, there are approximately 7,000 Americans in Bulgaria. In 2011, approximately 5,900 Bulgarians visited the United States.

The American University of Bulgaria in Blagoevgrad draws students from throughout southeast Europe and beyond, and is the only U.S.-accredited university in the region.

U.S. Assistance to Bulgaria

U.S. Government investment in modernization and NATO interoperability for Bulgaria’s military helps create stronger, more effective Bulgarian military units that can deploy alongside U.S. forces when needed.

Bilateral Economic Relations

Bulgaria is a member of the European Union. Upon its accession to the EU, the country adopted regulations and standards that conform to EU norms. U.S. companies conduct business across the major industry sectors, and the business climate is generally positive. The top foreign investor in Bulgaria is a U.S. company. The United States and Bulgaria have a treaty on avoidance of double taxation and a bilateral investment treaty. U.S. citizens traveling on a U.S. passport for business or tourism purposes can enter and stay in Bulgaria for up to 90 days in a 6-month period without requiring issuance of a visa.

Bulgaria's Membership in International Organizations

Bulgaria and the United States belong to a number of the same international organizations, including the United Nations, North Atlantic Treaty Organization, Euro-Atlantic Partnership Council, Organization for Security and Cooperation in Europe, International Monetary Fund, World Bank, and World Trade Organization. Bulgaria also is an observer to the Organization of American States.

Locator Map:  Bulgaria.  Credit:  CIA World Factbook.

ADDITIONAL INFORMATION FROM CIA WORLD FACTBOOK

The Bulgars, a Central Asian Turkic tribe, merged with the local Slavic inhabitants in the late 7th century to form the first Bulgarian state. In succeeding centuries, Bulgaria struggled with the Byzantine Empire to assert its place in the Balkans, but by the end of the 14th century the country was overrun by the Ottoman Turks. Northern Bulgaria attained autonomy in 1878 and all of Bulgaria became independent from the Ottoman Empire in 1908. Having fought on the losing side in both World Wars, Bulgaria fell within the Soviet sphere of influence and became a People's Republic in 1946. Communist domination ended in 1990, when Bulgaria held its first multiparty election since World War II and began the contentious process of moving toward political democracy and a market economy while combating inflation, unemployment, corruption, and crime. The country joined NATO in 2004 and the EU in 2007.

PRESIDENT OBAMA NOMINATES NEW DEFENSE SECRETARY AND CIA DIRECTOR

 

FROM: U.S. DEPARTMENT OF DEFENSE
Obama Announces Nominees for Next Defense Secretary, CIA Director
By Army Sgt. 1st Class Tyrone C. Marshall Jr.
American Forces Press Service

WASHINGTON, Jan. 7, 2013 - President Barack Obama today announced his nominations to serve as the next leaders of the Defense Department and Central Intelligence Agency.

At a White House news conference, Obama announced his selection of Chuck Hagel to be next defense secretary and John Brennan as the next CIA director.

If confirmed by the Senate, Hagel will replace Defense Secretary Leon E. Panetta, who today confirmed his plans to retire. Brennan, if confirmed, will replace David H. Petraeus, who resigned as CIA director in November.

"Chuck Hagel is the leader that our troops deserve," Obama said. "He is an American patriot. He enlisted in the Army and volunteered for Vietnam. As a young private, and then sergeant, he served with honor alongside his own brother."

Hagel, 66, a former U.S. senator from Nebraska, earned two Purple Hearts as an infantry squad leader in the Vietnam War. He later co-founded a cellular telephone company.

Obama said Hagel's brother rescued him when he was injured by shrapnel, and that Hagel did the same when his brother was wounded later, noting that his nominee to lead the Pentagon still "bears the scars and shrapnel for battles he fought in our name."

"Chuck Hagel's leadership of our military would be historic," the president said. "He'd be the first person of enlisted rank to serve as secretary of defense, one of the few secretaries who have been wounded in war, and the first Vietnam veteran to lead the department."

Obama noted Hagel's dedication to service members and their families, and said his experiences give him the ability to relate to troops.

"In Chuck Hagel, our troops see a decorated combat veteran of character and strength – they see one of their own," Obama said. "Chuck is a champion of our troops, veterans and our military families. With Chuck, our troops will always know -- just like Sergeant Hagel was there for his own brother -- Secretary Hagel will be there for you," he said.

Hagel's experience includes stints as deputy administrator for the Veterans Administration -- now the Veterans Affairs Department -- and as CEO and president of the USO. He served in the Senate from 1997 to 2009, where he was a member of the foreign relations and intelligence committees.

Hagel currently is a professor at the Edmund A. Walsh School of Foreign Service at Georgetown University. He is also chairman of the Atlantic Council and co-chairman of the President's Intelligence Advisory Board.

Obama called Brennan "one of our nation's most skilled and respected intelligence professionals." The president said Brennan's 25 years of service in the CIA provides him with the knowledge of what the nation's security demands are: "intelligence that provides our lawmakers with the facts, strong analytic insight and the keen understanding of a dynamic world."

Brennan, a 57-year-old New Jersey native, is the deputy national security advisor for homeland security and counterterrorism. During his years at the CIA, he worked as a Near East and South Asia analyst, served as station chief in Saudi Arabia, and directed the National Counterterrorism Center.

"Having held senior management, analytic and operational positions at the agency, John's committed to investing in the range of intelligence capabilities we need," Obama said.

"John has an invaluable perspective on the forces, the history, the culture, the politics, economics, [and] the desire for human dignity driving so much of the changes in today's world," he added.

Obama said the primary criteria in making his choices was a simple question -- "Who is going to do the best job in securing America? These two leaders have dedicated their lives to protecting our country. I am confident they will do an outstanding job."

Obama congratulated Hagel and Brennan on their nominations and urged the U.S. Senate to act promptly to confirm them.

"When it comes to national security, we don't like to leave a lot of gaps between the time that one set of leaders transitions out and another transitions in," he said. "So we need to get moving quickly on this."

'NORAD NEXT'

U.S. Army Gen. Charles Jacoby, Jr., commander of North American Aerospace Defense Command and U.S. Northern Command, is greeted by an honor guard while visiting the Canadian NORAD Region headquarters at Canadian Forces Base Winnipeg, Canada, Jan. 24, 2012. U.S. and Canadian leaders plan to study the way ahead for North American Aerospace Defense Command under a concept called "NORAD Next." Canadian Forces photo by Cpl. Piotr Figiel

FROM:  U.S. DEPARTMENT OF DEFENSE
U.S., Canada Think Ahead to 'NORAD Next'
By Donna Miles
American Forces Press Service

PETERSON AIR FORCE BASE, Colo., Jan. 7, 2013 - More than a half century since it was established to confront the Cold War threat, North American Aerospace Defense Command is at a new crossroads as officials in the United States and Canada determine the capabilities it will need to confront emerging challenges and threats in the decades ahead.

Members of the Permanent Joint Board of Defense, the highest-level defense and security forum between the two countries, discussed the so-called "NORAD Next" concept during their meeting in Colorado Springs, Colo., last month, Royal Canadian Air Force Lt. Gen. J.A.J. "Alain" Parent, NORAD's deputy commander, told American Forces Press Service.

The discussion was a first step toward a broad analysis to identify what threats and challenges the United States and Canada will face in the 2025-to-2030 timeframe -- and what steps need to be taken now to prepare for them, Parent said.

NORAD Next is largely a vision at this point, Parent emphasized, and any changes to the binational NORAD agreement would require both countries' approval. But vast changes in the security landscape have produced broad agreement that NORAD must continually evolve to meet challenges to North America, he said.

Throughout its history, adaptation has been one of NORAD's hallmarks, enabling it to remain relevant even as the geostrategic environment has changed, Parent noted.

The United States and Canada formed North American Air Defense Command in 1958, merging their air defense capabilities to provide a continental-scale ability to detect and intercept Soviet bombers, presumably carrying nuclear weapons, explained Lance Blyth, the NORAD command historian.

That same framework -- warning systems that ran across Canada and Alaska, fighter bases with interceptor aircraft and a command-and-control system that tied them together and with national command authorities -- adapted as intercontinental ballistic missiles became the more pressing threat, Blyth said.

This expanded mission led to NORAD's name change in 1981 to North American Aerospace Defense Command.

The command continued to provide aerospace warning and control for North America after the fall of the Berlin Wall, but also began to contribute its capabilities to counterdrug missions, predominantly focusing on airborne trafficking into the United States and Canada.

NORAD's sensors and interceptors supported this new law enforcement mission, providing intelligence to law enforcement agencies and serving as a catalyst for the close interagency collaboration that underpins NORAD's operations today, Blyth explained.

The 9/11 terrorist attacks shook NORAD to its very core, challenging the bedrock assumption on which it had been founded: that an attack on either of the two countries would emanate from outside their borders, he said.

Within hours of the attack, NORAD already had the go-ahead to stand up Operation Noble Eagle. Under this ongoing homeland defense mission, NORAD monitors and intercepts aircraft of interest within both U.S. and Canadian territory, and provides security support for major events ranging from G8 summits, political conventions to even the Super Bowl.

Operation Noble Eagle represented a sea change at NORAD, broadening its focus for the first time to address both internal as well as external threats against North America.

"We weren't postured to be looking inside the continent as we are today," Royal Canadian Air Force Brig. Gen. A.D. "Al" Meinzinger, deputy director of strategy in the NORAD and U.S. Northern Command policy and plans directorate, told American Forces Press Service. "But as a consequence of 9/11, we stood up a whole enterprise to be poised and positioned to deal with the internal threats," he added. "And we all understand that we need to be ready to respond on a moment's notice."

Another major step in that evolution took place in 2006, when U.S. and Canadian authorities expanded NORAD's mandate to address seaborne threats. This maritime-warning mission applies the command's capabilities to identify and track vessels of interest approaching either country's coast, and passing that intelligence to authorities that would intercept them.

More than a decade after 9/11, NORAD officials are widening their field of vision yet again as they discuss roles the command could play in addressing threats from a broad array of domains: air, space, sea, land and even cyberspace.

They also are working to identify what warning systems and processes will be required to address these threats, particularly as the life cycles of many of the current radars expire in the 2020-2025 timeframe.

"We need to think about what is beyond 2015, what the strategic environment will be, and what we need to be doing to move the command into that future," Meinzinger said.

NORAD Next, he said, will be the bumper sticker for that next big step in NORAD's evolution.

"NORAD Next will ensure that NORAD remains forever relevant and ever evolving," Parent said. "If we want to outpace the threats, we have to think in advance of them.

"The important thing," he continued, "is that we maintain relevancy and don't get surprises. The stakes are too big for our two counties to get surprised."

SENATE HEARING ON MAKING SENSE OF CREDIT REPORTS

http://banking.senate.gov/public/index.cfm?FuseAction=Hearings.LiveStream&Hearing_id=4c58691d-a918-4d10-9bd9-3d2a64c33f2f

2013 is your year

2013 is your year

NEWS FROM AFGHANISTAN FOR JANUARY 7, 2012

Midnight Snack - A U.S. paratrooper heats noodles over a fire on Joint Security Station Hasan in the Gilan district in southern Afghanistan's Ghazni province, June 12, 2012. The soldier is assigned to the 82nd Airborne Division's 1st Battalion, 504th Parachute Infantry Regiment, 1st Brigade Combat Team. U.S. Army photo by Sgt. Michael J. MacLeod

FROM:  U.S. DEPARTMENT OF DEFENSE
Combined Force Detains Taliban Leader in Ghazni Province
Compiled from International Security Assistance Force and ISAF Joint Command News Releases

WASHINGTON, Jan. 7, 2013 - A combined Afghan and coalition security force arrested a Taliban leader, and detained a suspected insurgent in the Andar district of Afghanistan's Ghazni province today, military officials reported.

The leader commanded a group who organized and executed attacks against Afghan and coalition forces, along with overseeing the placement of improvised explosive devices, officials said.
In other Afghanistan operations today:

-- A combined force in Helmand province's Nahr-e Saraj district arrested a senior Taliban leader who played a major role in narcotics trafficking to fund Taliban operations and commanded insurgent fighters who attack Afghan and coalition forces. The security force also detained a suspected insurgent.
In operations yesterday:

-- A combined force arrested the senior Taliban leader for Helmand province's Nad-e Ali district during a security operation in the province's Now Zad district. The leader provided operational guidance to Taliban insurgents and acquired and distributed homemade explosives, weapons and ammunition to suicide bombers. The security force also detained several suspected insurgents and seized firearms.

-- In Nangarhar province's Khugyani district, a combined force detained a suspected insurgent and seized numerous weapons during a search for a Taliban leader who directs attacks against Afghan government officials and Afghan and coalition forces.

In Jan. 4 operations:
-- A combined force in Helmand province's Nahr-e Saraj district arrested a Taliban leader who planned and executed attacks against Afghan and coalition forces and oversaw acquisition and distribution of weapons, ammunition and bombs to insurgent fighters. The security force also detained two suspected insurgents.
-- In Logar province's Pul-e Alam district, security combined force arrested a member of the Haqqani network who planned attacks against Afghan government officials. He also organized and managed the delivery of weapons and materials to Haqqani insurgents for attacks against Afghan and coalition forces. The security force also detained a suspected insurgent.

FINAL JUDGMENT ENTERED AGAINST DEFENDANT IN RHODE ISLAND-BASED OFFERING FRAUD

Credit:  Wikimedia..

FROM: U.S. SECURITIES AND EXCHANGE COMMISSION
The Securities and Exchange Commission announced today the resolution of an enforcement action filed by the Commission on October 19, 2010 in federal district court in Rhode Island against defendants David G. Stern and Online-Registries, Inc. (d/b/a Online Medical Registries) ("OMR") and relief defendant Michele Ritter. The court entered final judgment by consent against Stern on December 5, 2012 and entered a stipulation of dismissal of the claims against the relief defendant on December 27, 2012. The court previously had entered a final judgment by default against OMR on September 25, 2012.

The Commission's complaint alleged that Stern and OMR made false and misleading statements to investors in OMR, a web-based company founded and controlled by Stern, in connection with investors' purchase of stock in OMR. The misrepresentations generally related to OMR's business ventures, the status of its technology, its number of customers, and Stern's personal background, consisting of disbarment from the practice of law and a prior criminal conviction in federal district court in Massachusetts relating to financial wrongdoing. Based upon these and other allegations, including the misuse of investor funds, the Commission obtained a temporary restraining order and asset freeze on October 20, 2010, and a stipulated preliminary injunction on February 28, 2011 against Stern and OMR. On April 3, 2012, the court held Stern in contempt for violations of the preliminary injunction.

Without admitting or denying the allegations in the Commission's complaint, Stern agreed to the entry of a final judgment that: (i) permanently enjoins him from violating Section 17(a) of the Securities Act of 1933 (the "Securities Act") and Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") and Rule 10b-5 thereunder; (ii) holds him liable for disgorgement of $197,875, representing amounts received as a result of the conduct alleged in the Commission's complaint, together with prejudgment interest thereon in the amount of $27,800.71, for a total of $225,675.71; and (iii) waives the payment of disgorgement and prejudgment interest and does not impose a civil penalty based upon the representations in Stern's sworn statement of financial condition. The final judgment by default entered against OMR (i) enjoins OMR from violating Section 17(a) of the Securities Act and Section 10(b) of the Securities Exchange Act and Rule 10b-5 thereunder and (ii) orders OMR to pay disgorgement of $197,875 and prejudgment interest in the amount of $24,997.22. The Commission had initially charged that relief defendant Michele Ritter received some investor funds from Stern and sought the return of those funds. The Commission has now agreed to dismiss its charges against relief defendant Michele Ritter.

RECENT U.S. NAVY PHOTOS

FROM: U.S. NAVY
121228-N-LV331-157
U.S. 5TH FLEET AREA OF RESPONSIBILITY (Dec. 28, 2012) The Ticonderoga-class guided-missile cruiser USS Mobile Bay (CG 53) approaches the Military Sealift Command fleet replenishment oiler USNS Joshua Humphreys (T-AO 188) for a replenishment-at-sea. Mobile Bay is deployed with the John C. Stennis Strike Group to the U.S. 5th Fleet area of responsibility conducting maritime security operations, theater security cooperation efforts and support missions for Operation Enduring Freedom. (U.S. Navy photo by Mass Communication Specialist 2nd Class Armando Gonzales/Released)

121228-N-YT478-002
NORFOLK (Dec. 28, 2012) The guided-missile destroyer USS Mahan (DDG 72) prepares to depart Naval Station Norfolk for a ballistic missile defense deployment to the U.S. 6th Fleet area of responsibility. This is Mahan's first deployment after receiving the ballistic missile defense upgrade last year. (U.S. Navy photo by Mass Communication Specialist 1st Class Lolita Lewis/Released)

SLEEP APNEA TESTER GETS $15.3 MILLION FINE FOR IMPROPER BILLING

FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, January 3, 2013

Florida-Based American Sleep Medicine to Pay $15.3 Million for Improperly Billing Medicare and Other Federal Healthcare Programs

Facilities in Alabama, California, Delaware, Florida, Illinois, Indiana, Kansas, Kentucky, Maryland, Missouri, New Jersey, Tennessee, Texas and Virginia
Florida-based American Sleep Medicine LLC has agreed to pay $15,301,341 to resolve allegations that it billed Medicare, TRICARE – the health care program for Uniformed Service members, retirees and their families worldwide – and the Railroad Retirement Medicare Program for sleep diagnostic services that were not eligible for payment, the Justice Department announced today.

American Sleep, headquartered in Jacksonville, Fla., owns and operates 19 diagnostic sleep testing centers throughout the United States, including in Alabama, California, Delaware, Florida, Illinois, Indiana, Kansas, Kentucky, Maryland, Missouri, New Jersey, Tennessee, Texas and Virginia. The company’s primary business is to provide testing for patients suffering from sleep disorders such as obstructive sleep apnea. The test results are used by doctors to determine the most appropriate course of treatment for patients. The most common tool used to diagnose sleep disorders, particularly sleep apnea, is a procedure called polysomnographic diagnostic sleep testing. Under federal program requirements for the reimbursement of claims submitted for sleep disorder testing, initial sleep studies must be conducted by technicians who are licensed or certified by a state or national credentialing body as sleep test technicians.

The United States contend that Medicare and TRICARE claims submitted by American Sleep during this period were false because the diagnostic testing services were performed by technicians who lacked the required credentials or certifications, when it knew this violated the law. American Sleep submitted false claims to Medicare and TRICARE between Jan. 1, 2004, and Dec. 31, 2011, according to the United States’ allegations.

"Medicare patients and military families deserve to be treated by appropriately credentialed professionals when seeking medical care," said Stuart F. Delery, Principal Deputy Assistant Attorney General for the Justice Department’s Civil Division. "When companies providing those services seek to skirt the rules, there will be a steep price to pay."

"Pursuing health care fraud is a priority of my office and the Department of Justice. We will continue to work with the Department of Health and Human Services and the public to ensure that fraudulent claims are investigated and those responsible are required to pay," stated David J. Hale, U.S. Attorney for the Western District of Kentucky. "Medical providers who overbill Medicare defraud the taxpayers and drive up the cost of health care for us all. Recovering taxpayer dollars lost to fraud helps keep strong those critical public health care programs so many people depend on."

"Patients seeking care from licensed professionals deserve to receive exactly what was represented, and the taxpayer-funded Medicare program expects no less," said Derrick Jackson, Special Agent in Charge of the U.S. Department of Health and Human Services Office of Inspector General Region IV, which includes Kentucky. "The company has agreed to Federal monitoring and reporting requirements designed to avoid such problems in the future."

The allegations covered by today’s settlement were raised in a lawsuit filed against American Sleep under the qui tam, or whistleblower, provisions of the False Claims Act. United States ex rel. Daniel Purnell v. American Sleep Medicine LLC, no. 3:07-cv-12-S (W.D. Ky.). The act allows private citizens with knowledge of fraud to bring civil actions on behalf of the United States and share in any recovery. Relator Daniel Purnell will receive $2,601,228 as part of today’s settlement.

In addition to the $15.3 million payment, American Sleep entered into a five-year Corporate Integrity Agreement with the Office of Inspector General of the Department of Health and Human Services. The agreement requires enhanced accountability and wide-ranging monitoring activities conducted by both internal and independent external reviewers.

Principal Deputy Assistant Attorney General Delery thanked the Office of the Inspector General for the Department of Health and Human Services, the Medicare Railroad Retirement Program, the Defense Criminal Investigative Service, the FBI, the U.S. Attorney’s Office for the Western District of Kentucky and the Commercial Litigation Branch for the collaboration that resulted in today’s settlement. The claims settled by this agreement are allegations only, and there has been no determination of liability.

This resolution is part of the government’s emphasis on combating health care fraud and another step for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced by Attorney General Eric Holder and Kathleen Sebelius, Secretary of the Department of Health and Human Services in May 2009. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in that effort is the False Claims Act, which the Justice Department has used to recover $10.1 billion since January 2009 in cases involving fraud against federal health care programs. The Justice Department’s total recoveries in False Claims Act cases since January 2009 are over $13.9 billion.

FORMER FINANCIAL SERVICES BROKER SENTENCED TO SERVE

FROM: U.S. JUSTICE DELPARTMENT
WASHINGTON — A former financial services broker was sentenced today in U.S. District Court for the Southern District of New York, for his participation in conspiracies related to bidding for contracts for the investment of municipal bond proceeds and other municipal finance contracts, the Department of Justice announced.

Adrian Scott-Jones, of Morriston, Fla. , a former broker for Tradition N.A. , was sentenced by District Court Judge Harold Baer Jr. for his role in the conspiracies. Scott-Jones was sentenced to serve 18 months in prison and to pay a $12,500 criminal fine.

"From soliciting intentionally losing bids for investment agreements to paying out kickbacks to manipulate the competitive bidding process, the conspirators went to great lengths to defraud municipalities across the country," said Scott D. Hammond, Deputy Assistant Attorney General for the Antitrust Division's criminal enforcement program. "Today's sentence sends a clear message that the division will continue to hold executives accountable for their anticompetitive conduct. "

On Sept. 8, 2010, Scott-Jones pleaded guilty to participating in multiple conspiracies with executives of General Electric Co. (GE) affiliates, from as early as 1999 until 2006. According to the charges, GE and other financial institutions and insurance companies (providers), offered a type of contract, known as an investment agreement, to state, county and local governments and agencies throughout the United States. The public entities hired brokers like Scott-Jones and Tradition to conduct bidding for contracts to invest money from a variety of sources, primarily the proceeds of municipal bonds issued to raise money for, among other things, public projects. Scott-Jones also participated in a conspiracy with representatives of a second provider located in New York City.

According to court documents, in each conspiracy, Scott-Jones gave co-conspirators information about the prices, price levels or conditions in competitors' bids, a practice known as a "last look," which is explicitly prohibited by U.S. Treasury regulations. Scott-Jones also solicited and received intentionally losing bids for certain investment agreements and other municipal finance contracts. As a result of Scott-Jones’ role in corrupting the bidding process for investment agreements, he and his co-conspirators deprived the municipalities of competitive interest rates for the investment of tax-exempt bond proceeds used by municipalities for various public works projects, such as water pollution abatement projects and low-cost housing. The department said that the conspiracies cost municipalities around the country millions of dollars.

"Today's sentencing reaffirms the ongoing success of our efforts to weed out corruption in the municipal bond market," said George Venizelos, Acting Director in Charge of the FBI in New York. "The FBI will continue to work closely with our partners from the Antitrust Division to protect the integrity of the competitive bidding process in public finance. "

"Individuals who manipulate the competitive bidding system to benefit themselves will be held accountable for their criminal activity," said Richard Weber, Chief, Internal Revenue Service Criminal Investigation (IRS-CI). "Quite simply, Mr. Scott-Jones profited at the expense of the towns and cities that needed the money for important public works projects. IRS Criminal Investigation is committed to working with our law enforcement partners to uncover this kind of corruption and secure justice for American taxpayers. "

A total of 20 individuals have been charged as a result of the department's ongoing municipal bonds investigation, 19 of whom have been convicted at trial or pleaded guilty; one is currently awaiting trial. Additionally, one company has pleaded guilty.

The sentences announced today resulted from an ongoing investigation conducted by the Antitrust Division's New York Office, the FBI and IRS-CI. The division is coordinating its investigation with the U.S. Securities and Exchange Commission, the Office of the Comptroller of the Currency and the Federal Reserve Bank of New York.

Today's convictions are part of efforts underway by President Obama's Financial Fraud Enforcement Task Force (FFETF), which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys' offices and state and local partners, it's the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud.