FROM: U.S. EXPORT-IMPORT BANK
Ex-Im Approves $155.4 Million Loan to Finance Hospital Expansion in Ghana
Washington, D.C. – In keeping with its focus on sub-Saharan Africa, the Export-Import Bank of the United States (Ex-Im Bank) has authorized a $155.4 million direct loan to the Republic of Ghana to finance the design and construction of a hospital expansion in Accra, Ghana.
Americaribe Inc. of Miami, Fla., will export the goods and services required in the project.
The loan will support approximately 700 U.S. jobs, according to bank estimates derived from Departments of Commerce and Labor data and methodology.
"This transaction, which is our second authorization for sub-Saharan Africa of the calendar year, reflects our continued commitment to supporting exports to Africa and the priorities of the President’s 2012 Presidential Policy Directive," said Ex-Im Bank Chairman and President Fred P. Hochberg. "Moreover, the transaction will ensure Ghana can provide better healthcare to its people and in the process support hundreds of U.S. jobs in a key sector."
The Ridge Hospital Complex, which was built in 1928, serves as the primary medical facility for the Greater Accra Region (GAR). Between 2000 and 2010, the GAR population increased from 1.4 million to 3.9 million, and so the expansion of the complex will help alleviate the capacity shortages. When completed, the hospital will number among the most advanced medical facilities in West Africa and will include a new 420-bed building housing a comprehensive diagnostic and treatment block and a state-of-the-art maternity ward.
Americaribe, which incorporated in Florida in 2002, is a subsidiary of the multinational group Bouygues and specializes in the design, engineering, and construction of healthcare, education, transportation, residential, and commercial projects.
"The Ghana Ridge Hospital is a key project for Americaribe’s business development, boosting our activity and allowing us to create between 15 and 20 new direct jobs in the U.S. during the three years of the contract," said Jean-Baptiste Baudin de la Valette, president of Americaribe. "As of today, we already have hired three new employees directly linked to this transaction. It will also strengthen our relationship with our consultants and suppliers in the U.S. and will allow them to maintain or create hundreds of technical and specialized jobs. We have also created Americaribe Ghana Ltd., a company registered in Ghana and 100% owned by Americaribe Inc., to execute the job."
HSBC London and New York Project & Export Finance teams acted as financial advisor
to the Government of Ghana throughout the Ex-Im Bank application and due diligence processes.
In FY 2012, Ex-Im Bank authorized more than $1.5 billion to support U.S. exports to sub-Saharan Africa.
Tuesday, January 15, 2013
U.S. SECRETARY OF STATE PANETTA ON U.S. SUPPORT OF FRENCH IN MALI
FROM: U.S. DEPARTMENT OF DEFENSEPanetta: U.S. Support to French in Mali Aimed at al-Qaida
By Karen Parrish
American Forces Press Service
LISBON, Portugal, Jan. 14, 2013 - U.S. and French defense leaders are hammering out details of intelligence, logistics and airlift assistance the United States will provide to French forces in Mali, Defense Secretary Leon E. Panetta said today.
Speaking to reporters on the flight to the Portuguese capital, the secretary said such planned assistance demonstrates U.S. leaders' resolve that "we have a responsibility to go after al-Qaida wherever they are."
"We've gone after them in the FATA," Panetta said, referring to the federally administered tribal areas in Pakistan's northwest. "We're going after them in Yemen and Somalia. And we have a responsibility to make sure that al-Qaida does not establish a base for operations in North Africa and Mali."
French forces began airstrikes in Mali, a former French colony, four days ago. It has been widely reported France began its air campaign to halt the movement south of al-Qaida affiliated extremists, who have held Mali's northern area since April.
Panetta said the United States and its allies have been "very concerned" about AQIM, or al-Qaida in the Islamic Maghreb, "and their efforts to establish a very strong base in that area."
The secretary said DOD officials have been working with regional partners to try to develop plans to confront that threat. "I commend France for taking the steps that it has," he added. "And what we have promised them is that we will work with them to ... provide whatever assistance we can to try to help them in that effort."
Officials from the Stuttgart, Germany-based U.S. Africa Command also are discussing military support with France, the secretary said. A senior official traveling with the secretary told reporters that specific U.S. support to French forces in Mali has not yet been defined, but that Army Gen. Carter F. Ham, Africom commander, spoke by phone earlier today from the African continent with the secretary, who was flying to Portugal at the time.
"We'll continue to work with [the French] to ensure that ultimately we do stop AQIM and that the responsibility for assuring security in that region will be passed to the African nations to provide a more permanent security for the sake of the world," Panetta said.
While that longer-term solution develops, the secretary said, he will consult with allies on shorter-term support in France's fight.
"One of the discussions I'll have in Spain regards their concern about what's happening with AQIM in Mali, as well," he said. "And I'll get a better idea of what these other countries may be doing to assist."
The secretary said while al-Qaida members in Mali do not appear to pose an immediate threat to the United States or its allies, "we're concerned any time al-Qaida establishes a base of operations that, while they might not have any immediate plans for attacks in the United States and in Europe, that ultimately ... still remains their objective. And it's for that reason that we have to take steps now to ensure that AQIM does not get that kind of traction."
President Barack Obama yesterday notified Congress, as required by the War Powers Act, that United States troops "provided limited technical support to the French forces" engaged in the attempted rescue of a French hostage in Somalia. French forces reported Denis Allex, who had been a hostage of al-Qaida-affiliated al Shabaab since 2009, was killed in the raid.
U.S. forces took no direct part in the assault on the compound where planners had concluded the French citizen was held hostage, the president wrote. U.S. combat aircraft briefly entered Somali airspace to support the rescue operation if needed, but did not employ weapons, he added.
All U.S. forces who supported the operation had left Somalia by about 8 p.m. EST Jan. 11, the president wrote.
"I directed U.S. forces to support this rescue operation in furtherance of U.S. national security interests," the president wrote, "and pursuant to my constitutional authority to conduct U.S. foreign relations and as commander in chief and chief executive."
Panetta landed here today for the first leg of a weeklong trip that will also take him to Madrid, Rome and London.
U.S.-NICARAGUA RELATIONS
FROM: U.S. DEPARTMENT OF STATE
The United States established diplomatic relations with Nicaragua in 1849 following its independence from Spain and the later dissolution of a federation of Central American states. Post-independence, the country saw a mix of armed conflict, U.S. military intervention and occupation, rebellion, assassination, and dictatorships. Diplomatic relations between the two countries were severed or interrupted a number of times. Nicaragua's 1990 presidential elections marked an improvement in bilateral relations and were followed by elections in 1996, 2001, 2006.
The 2011 presidential and legislative elections and 2012 municipal elections were marred by significant irregularities and were denounced by domestic and international observers as severely flawed. The U.S. Government has clearly stated that these elections marked a setback to democracy in Nicaragua and undermined the ability of Nicaraguans to hold their government accountable. The United States has called on the Nicaraguan Government to uphold democratic processes and protect universal human rights, and has said that it will continue to support civil society and promote human rights in Nicaragua.
U.S. Assistance to Nicaragua
U.S. assistance aims to help strengthen Nicaragua’s democracy through training for emerging democratic leaders, increasing civil society engagement, supporting an independent media, and improving local governance. U.S. assistance also seeks to promote economic growth and poverty reduction in part through market-led food security programs in the highly-impoverished north-central region. In under-governed areas of the Caribbean coastal region where drug trafficking and related criminal activity is rising, military-to-military engagement and prevention programs focusing on education and skills development support citizen security. In response to the Nicaraguan government’s continuing failure to account fully for substantial resources made available to it by Venezuela, the State Department did not seek a waiver for Nicaragua in Fiscal Year 2012 of Congressionally mandated restrictions on assistance to the central governments of countries who do not maintain international standards of fiscal transparency. This curtailed FY 2012 security assistance and affected some counternarcotics and development programs that otherwise would have benefitted the central government.
Bilateral Economic Relations
The United States and Nicaragua are parties to the U.S.-Central America-Dominican Republic Free Trade Agreement (CAFTA-DR), which aims to facilitate trade and investment and further regional integration by eliminating tariffs, opening markets, reducing barriers to services, and promoting transparency. CAFTA-DR contains a chapter on investment similar to a bilateral investment treaty with the United States. There are over 125 companies operating in Nicaragua with some relation to a U.S. company, either as wholly or partly-owned subsidiaries, franchisees, or exclusive distributors of U.S. products. The largest are in energy, financial services, textiles/apparel, manufacturing, and fisheries. U.S. exports to Nicaragua include agricultural products, donated relief articles, and machinery. U.S. imports from Nicaragua include apparel, agricultural products, and automobile wire harnesses. The United States works closely with the Nicaraguan government to seek resolution of several hundred claims against it by United States citizens to properties expropriated from them during the 1980s.
Nicaragua's Membership in International Organizations
Nicaragua and the United States belong to a number of the same international organizations, including the United Nations, Organization of American States, International Monetary Fund, World Bank, and World Trade Organization.
ADDITIONAL INFORMATION FROM CIA WORLD FACTBOOK
The Pacific coast of Nicaragua was settled as a Spanish colony from Panama in the early 16th century. Independence from Spain was declared in 1821 and the country became an independent republic in 1838. Britain occupied the Caribbean Coast in the first half of the 19th century, but gradually ceded control of the region in subsequent decades. Violent opposition to governmental manipulation and corruption spread to all classes by 1978 and resulted in a short-lived civil war that brought the Marxist Sandinista guerrillas to power in 1979. Nicaraguan aid to leftist rebels in El Salvador caused the US to sponsor anti-Sandinista contra guerrillas through much of the 1980s. After losing free and fair elections in 1990, 1996, and 2001, former Sandinista President Daniel ORTEGA Saavedra was elected president in 2006 and reelected in 2011. The 2008 municipal elections, 2010 regional elections, and November 2011 presidential elections were marred by widespread irregularities. Nicaragua's infrastructure and economy - hard hit by the earlier civil war and by Hurricane Mitch in 1998 - are slowly being rebuilt, but democratic institutions have been weakened under the ORTEGA administration.
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| Map: Nicaragua. Credit: CIA World Factbook. |
FROM: U.S. DEPARTMENT OF STATE
The United States established diplomatic relations with Nicaragua in 1849 following its independence from Spain and the later dissolution of a federation of Central American states. Post-independence, the country saw a mix of armed conflict, U.S. military intervention and occupation, rebellion, assassination, and dictatorships. Diplomatic relations between the two countries were severed or interrupted a number of times. Nicaragua's 1990 presidential elections marked an improvement in bilateral relations and were followed by elections in 1996, 2001, 2006.
The 2011 presidential and legislative elections and 2012 municipal elections were marred by significant irregularities and were denounced by domestic and international observers as severely flawed. The U.S. Government has clearly stated that these elections marked a setback to democracy in Nicaragua and undermined the ability of Nicaraguans to hold their government accountable. The United States has called on the Nicaraguan Government to uphold democratic processes and protect universal human rights, and has said that it will continue to support civil society and promote human rights in Nicaragua.
U.S. Assistance to Nicaragua
U.S. assistance aims to help strengthen Nicaragua’s democracy through training for emerging democratic leaders, increasing civil society engagement, supporting an independent media, and improving local governance. U.S. assistance also seeks to promote economic growth and poverty reduction in part through market-led food security programs in the highly-impoverished north-central region. In under-governed areas of the Caribbean coastal region where drug trafficking and related criminal activity is rising, military-to-military engagement and prevention programs focusing on education and skills development support citizen security. In response to the Nicaraguan government’s continuing failure to account fully for substantial resources made available to it by Venezuela, the State Department did not seek a waiver for Nicaragua in Fiscal Year 2012 of Congressionally mandated restrictions on assistance to the central governments of countries who do not maintain international standards of fiscal transparency. This curtailed FY 2012 security assistance and affected some counternarcotics and development programs that otherwise would have benefitted the central government.
Bilateral Economic Relations
The United States and Nicaragua are parties to the U.S.-Central America-Dominican Republic Free Trade Agreement (CAFTA-DR), which aims to facilitate trade and investment and further regional integration by eliminating tariffs, opening markets, reducing barriers to services, and promoting transparency. CAFTA-DR contains a chapter on investment similar to a bilateral investment treaty with the United States. There are over 125 companies operating in Nicaragua with some relation to a U.S. company, either as wholly or partly-owned subsidiaries, franchisees, or exclusive distributors of U.S. products. The largest are in energy, financial services, textiles/apparel, manufacturing, and fisheries. U.S. exports to Nicaragua include agricultural products, donated relief articles, and machinery. U.S. imports from Nicaragua include apparel, agricultural products, and automobile wire harnesses. The United States works closely with the Nicaraguan government to seek resolution of several hundred claims against it by United States citizens to properties expropriated from them during the 1980s.
Nicaragua's Membership in International Organizations
Nicaragua and the United States belong to a number of the same international organizations, including the United Nations, Organization of American States, International Monetary Fund, World Bank, and World Trade Organization.
ADDITIONAL INFORMATION FROM CIA WORLD FACTBOOK
The Pacific coast of Nicaragua was settled as a Spanish colony from Panama in the early 16th century. Independence from Spain was declared in 1821 and the country became an independent republic in 1838. Britain occupied the Caribbean Coast in the first half of the 19th century, but gradually ceded control of the region in subsequent decades. Violent opposition to governmental manipulation and corruption spread to all classes by 1978 and resulted in a short-lived civil war that brought the Marxist Sandinista guerrillas to power in 1979. Nicaraguan aid to leftist rebels in El Salvador caused the US to sponsor anti-Sandinista contra guerrillas through much of the 1980s. After losing free and fair elections in 1990, 1996, and 2001, former Sandinista President Daniel ORTEGA Saavedra was elected president in 2006 and reelected in 2011. The 2008 municipal elections, 2010 regional elections, and November 2011 presidential elections were marred by widespread irregularities. Nicaragua's infrastructure and economy - hard hit by the earlier civil war and by Hurricane Mitch in 1998 - are slowly being rebuilt, but democratic institutions have been weakened under the ORTEGA administration.
U.S. DOD MOVES TOWARD CLOUD COMPUTING
FROM: U.S. DEPARTMENT OF DEFENSEDOD Information Technology Evolves Toward Cloud Computing
By Claudette Roulo
American Forces Press Service
WASHINGTON, Jan. 14, 2013 - The Defense Department's information technology infrastructure is on a journey of consolidation, standardization, security and access, the Defense Department's principal deputy chief information officer told attendees at a cloud computing panel discussion today.
The department is reducing the number of data centers from about 1,500 to "a number far below that," Robert J. Carey said, and is implementing a coherent and consistent architecture across thousands of computing environments.
This process is taking place in part because of the current era of fiscal austerity, but also because it makes sense when it comes to securing data within the network, Carey said.
In addition, DOD, along with much of industry, is shifting toward a cloud computing posture: the collection of data and use of related computing services via remote servers accessed through the Internet. Cloud computing isn't without its risks, Carey said, but the department is moving the paradigm of security from the infrastructure to the data layer. This includes continuous monitoring and cryptography, he added.
Concentrating on securing data, rather than an entire network, is "a big shift for a big engine like DOD," Carey said.
As the department implements the joint information environment and delivers a consistent computing architecture -- which Carey noted the department does not yet have -- security becomes the discriminating factor, he said. "The access, the cost -- all those facets of the efficiency of cloud computing -- if it isn't secure enough, it will not serve us well," he added.
Carey said the way the intelligence community secures data on its networks can serve as a model for the Defense Department's joint information environment. "I look at the [intelligence community] and its transformation, and I look at [the joint information environment] and the DOD transformation, and they are very aligned," he said.
There are differences between the two communities, he said. The intelligence community doesn't have to accommodate heterogeneous data security requirements, Carey said, and the network construct within DOD is different. "We're just a little more complex," he said. "But we are working on a plan with them to take the applicable lessons learned ... into our world."
The cloud is secure today, Carey said, but only for certain types of data. In its move to cloud computing, he said, the problem the department faces is progressing from its legacy systems into an up-to-date information environment in an era of cost constraints.
"We're moving at a very deliberate pace," Carey noted. "We have lots of [pilot programs] going on to evaluate these kinds of things and to make sure we understand both the pros, cons and risks of moving into the cloud space."
Whether the department is ready to forge ahead on implementing a new information technology infrastructure hinges on whether it also ready is to make a cultural shift, he said.
"We have to take advantage of what commercial technology is bringing us, but at the same time, make sure that the people that actually ... acquire it for us are able to do so," Carey said.
The DOD IT community tends to try and avoid risk entirely rather than conduct risk management, he said, which is a problem given the rapid pace of information technology development.
"The acquisition corps is working on creating that workforce that's able to understand how fast industry is moving and proceed with a risk-management approach vice a risk-avoidance approach," he said.
Measuring risk in the cloud and the costs of risk response is a difficult task, Carey noted.
"At the end of the day, the metrics of cloud security are, at best, nebulous," he said. It isn't always easy to describe the relationship between risk reduction and purchasing, he added, but it's important for the information technology community to try.
Monday, January 14, 2013
LAKE LEVELS ON TITAN
FROM: NASA
Titan's Lake District, One Season Later
These images obtained by NASA's Cassini spacecraft show Titan's stable northern lake district. Cassini's radar instrument obtained the recent images on May 22, 2012. It observed some previously unseen regions but also some regions containing lakes that were last observed about six years-nearly one Titan season--ago. This marks the longest time interval between lake observations in the northern hemisphere.
The top image here shows part of the radar swath from May 22, 2012, centered near 79 degrees north latitude, 58 degrees west longitude, and about 220 by 47 miles (350 by 75 kilometers) in dimension. At the bottom, parts of this image are compared with those obtained in 2006. (The images appear slightly different from previous releases because they use a new filtering technique). In 2006, it was winter in the northern hemisphere and the lakes were in the dark. Although Titan spring began in 2009 and the sun has now risen over the lakes, there is no apparent change in lake levels since the 2006 flybys, consistent with climate models that predict stability of liquid lakes over several years. This shows that the northern lakes are not transient weather events, in contrast to the temporary darkening of parts of the equator after a rainstorm in 2010 (PIA 12819).
Changes in lake levels may still be detected later in the mission as Cassini continues to observe these high northern latitudes into the beginning of summer in 2017. At that point, the sun may cause evaporation. However, the lack of significant change over six years sets important constraints for climate models and the stability of liquids on Titan. Illumination is coming from the bottom.
The Cassini-Huygens mission is a cooperative project of NASA, the European Space Agency and the Italian Space Agency. NASA's Jet Propulsion Laboratory, a division of the California Institute of Technology in Pasadena, manages the mission for NASA's Science Mission Directorate, Washington, DC. The Cassini orbiter was designed, developed and assembled at JPL. The radar instrument was built by JPL and the Italian Space Agency, working with team members from the United States and several European countries. Image Credit: NASA/JPL-Caltech/ASI
SECRETARY OF STATE PANETTA VISITS 'MOST CAPABLE PARTNERS'
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| U.S. Defense Secretary Leon E. Panetta briefs the press on a flight to Lisbon, Portugal, Jan. 14, 2013. Panetta is on a six-day trip to Europe to visit with defense counterparts and troops. DOD photo by Erin A. Kirk-Cuomo |
FROM: U.S. DEPARTMENT OF DEFENSE
Panetta Begins Trip to Visit 'Most Capable Partners'
By Karen Parrish
American Forces Press Service
ABOARD A MILITARY AIRCRAFT, Jan. 14, 2013 - Defense Secretary Leon E. Panetta boarded this Air Force jet at Joint Base Andrews, Md., today, bound for Portugal, Spain, Italy and Great Britain on what he termed "likely my last international trip as secretary of defense."
Panetta told reporters traveling with him that as "a son of Europe" –- he often speaks of his parents, who immigrated to the United States from Italy -- it is appropriate that his final international trip, the 18th he has made as secretary, will include visits to some of America's "most capable and closest military partners."
"I have visited more than 30 countries, including ... [traveling to] the war zone a number of times," he said. "But I've made it a priority, as part of our defense strategy, ... to emphasize the importance of strengthening our alliances and partnerships throughout the world."
The goal for his final trip is in line with that strategy, the secretary said, as he will:
-- Emphasize the importance of NATO and bilateral alliances;
-- Reflect on the accomplishments Portugal, Spain, Italy and Great Britain have helped to achieve as members of NATO's International Security Assistance Force in Afghanistan; and
-- Lay the groundwork for the future as nations around the world face both national security and budget challenges.
Panetta noted the countries he will visit have all maintained a strong commitment to the NATO mission in Afghanistan. "Because of that commitment, we've been able to make significant progress in the effort to ... build an Afghanistan that can secure and govern itself," he added.
As President Barack Obama announced last week, the secretary said, Afghan forces will assume the lead for security responsibility across their country this spring, with ISAF forces moving into a supporting role.
"That's a significant milestone that is the result of the efforts by the United States, by ISAF and by the Afghans themselves," he said. The secretary added that U.S. leaders had "a successful series of consultations" with Afghan President Hamid Karzai about the future U.S. commitment to Afghanistan's security during that leader's visit to Washington last week. Panetta said he looks forward to updating counterparts on those discussions.
The secretary said he also will discuss with allies innovative approaches to common budget challenges, and that he'll speak with counterparts about key bilateral security issues.
"As always, I will also use this opportunity to visit the troops, and have a chance to thank U.S. men and women in uniform for the sacrifices they're making," he said.
The secretary said that after more than 10 years of war and with the budget constraints the United States and its allies and partner nations face, the United States nevertheless continues to complete its mission in the war in Afghanistan and continues to confront the terrorism threat.
Terrorist activity -- particularly from al-Qaida factions -- in Pakistan, Somalia, Yemen and Mali is a threat common to all the nations he will visit, Panetta noted. North Korea and Iran, turmoil in the Middle East and the cyber threat also are issues of common interest, he added.
No one nation can confront these threats alone, the secretary said.
"The only way we're going to be able to do it is by strengthening and reaffirming and building new partnerships and new alliances in the world," he said. "The model for that is NATO, ... really the oldest alliance we have." That alliance's responses to Afghanistan and Libya, he added, demonstrate its continued importance to global stability.
The 74-year-old secretary said he also hopes to communicate some of his feelings about the alliance to the younger citizens of the countries he will visit this week.
"NATO goes back to 1949," he said. "I think the reality is ... that there are generations that have been born since the fall of the Berlin Wall that may not fully appreciate how important NATO is as an alliance [for] the future."
Panetta said he will focus in his discussions, and in a speech he will deliver in London later this week, in part on "how important it is to be able to pass the baton to [younger generations] when it comes to the strength of these transatlantic alliances and partnerships that we have."
He added, "The purpose of my trip is to make clear that we are going to need this alliance -- today, tomorrow, and in the 21st century."
CEO OF AXIUS INC., PLEADS GUILTY TO CONSPIRACY TO BRIBE STOCK BROKERS
FROM: U.S. DEPARTMENT OF JUSTICE
Friday, January 11, 2013
Axius Ceo Roland Kaufmann Pleads Guilty to Conspiracy to Pay Bribes in Stock Sales
WASHINGTON – Roland Kaufmann, CEO of Axius Inc., pleaded guilty today in Brooklyn for conspiring to bribe stock brokers, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney for the Eastern District of New York Loretta E. Lynch.
Kaufmann, 60, a Swiss citizen, pleaded guilty before U.S. District Judge John Gleeson in the Eastern District of New York to one count of conspiracy to violate the Travel Act.
"Roland Kaufmann conspired to bribe stock brokers and fleece investors in Axius stock," said Assistant Attorney General Breuer. "He took the crooked path, and now faces the prospect of years in prison. Although he committed his crimes from outside the United States, U.S. authorities tracked him down and he has now been held to account. This case shows our determination to prosecute all those who seek to corrupt U.S. securities markets."
"Roland Kaufman sought to game the system with his scheme to bribe stockholders to help him artificially raise the price of his company’s stock," said U.S. Attorney Lynch. "He reached across the ocean to insert his deception into U.S. markets, thereby placing investors at risk. We will continue to bring our resources to bear against anyone who would harm the integrity of United States capital markets for their own personal financial gain, even when those who try to exploit our investors are hatching their schemes from abroad."
"The flagrant market manipulation engaged in by Kaufmann was designed to make him rich," said George Venizelos, Assistant Director in Charge, FBI New York Field Office. "Absent the undercover agent, the scheme also would have made honest investors much poorer. The FBI is committed to policing the securities industry to prevent unjust enrichment for cheaters, victimization of honest investors, and the undermining of public confidence in market integrity."
"This case demonstrates the value of a coordinated approach by law enforcement authorities," said Richard Weber, Chief, Internal Revenue Service (IRS) Criminal Investigation. "As a result of the collaborative effort in this investigation, investors were protected from further financial harm. IRS Criminal Investigation is always ready to lend its financial investigative expertise to the investigation of complex and sophisticated financial crimes."
Kaufmann admitted to conspiring with co-defendant Jean-Pierre Neuhaus, another Swiss citizen, to violate the Travel Act by bribing stock brokers. Axius, which refers to itself as a "holding company and business incubator" that develops other businesses, is incorporated in Nevada, and its principal offices are in Dubai, United Arab Emirates. As part of the scheme, Kaufmann and Neuhaus, while located overseas, enlisted the assistance of an individual they believed had access to a group of corrupt stock brokers; this individual was in fact an undercover law enforcement agent. Kaufmann and Neuhaus believed that the undercover agent controlled a network of stockbrokers in the United States with discretionary authority to trade stocks on behalf of their clients.
According to court documents, Kaufmann and Neuhaus instructed the undercover agent to direct brokers to purchase Axius shares that were owned or controlled by Kaufmann in return for a secret kickback of approximately 26 to 28 percent of the sale price. Kaufmann and Neuhaus instructed the undercover agent as to the price the brokers should pay for the stock, and Kaufmann specifically instructed the undercover agent, in Neuhaus’s presence, that the brokers would have to pay gradually higher prices for the shares they were buying. Kaufmann and Neuhaus directed the undercover agent that the brokers were to refrain from selling the Axius shares they purchased on behalf of their clients for a one-year period. By preventing sales of Axius stock, Kaufmann and Neuhaus intended to maintain the fraudulently inflated share price for Axius stock. Kaufmann and Neuhaus agreed to sell approximately $3.5 million to $5 million worth of Axius shares through the undercover agent’s stock brokers.
Kaufmann and Neuhaus were arrested on March 8, 2012. On Oct. 10, 2012, Neuhaus pleaded guilty to conspiracy to commit securities fraud and violate the Travel Act.
At sentencing, scheduled for May 17, 2013, Kaufmann faces a maximum penalty of five years in prison. As part of his plea agreement, Kaufmann agreed to forfeit $298,740 that victims lost as a result of the crime.
This case is being prosecuted by Trial Attorney Justin Goodyear of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Ilene Jaroslaw of the Eastern District of New York. The case was investigated by the FBI New York Field Office and the IRS New York Field Office. The department also thanks the Securities and Exchange Commission for its assistance in this matter.
Friday, January 11, 2013
Axius Ceo Roland Kaufmann Pleads Guilty to Conspiracy to Pay Bribes in Stock Sales
WASHINGTON – Roland Kaufmann, CEO of Axius Inc., pleaded guilty today in Brooklyn for conspiring to bribe stock brokers, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney for the Eastern District of New York Loretta E. Lynch.
Kaufmann, 60, a Swiss citizen, pleaded guilty before U.S. District Judge John Gleeson in the Eastern District of New York to one count of conspiracy to violate the Travel Act.
"Roland Kaufmann conspired to bribe stock brokers and fleece investors in Axius stock," said Assistant Attorney General Breuer. "He took the crooked path, and now faces the prospect of years in prison. Although he committed his crimes from outside the United States, U.S. authorities tracked him down and he has now been held to account. This case shows our determination to prosecute all those who seek to corrupt U.S. securities markets."
"Roland Kaufman sought to game the system with his scheme to bribe stockholders to help him artificially raise the price of his company’s stock," said U.S. Attorney Lynch. "He reached across the ocean to insert his deception into U.S. markets, thereby placing investors at risk. We will continue to bring our resources to bear against anyone who would harm the integrity of United States capital markets for their own personal financial gain, even when those who try to exploit our investors are hatching their schemes from abroad."
"The flagrant market manipulation engaged in by Kaufmann was designed to make him rich," said George Venizelos, Assistant Director in Charge, FBI New York Field Office. "Absent the undercover agent, the scheme also would have made honest investors much poorer. The FBI is committed to policing the securities industry to prevent unjust enrichment for cheaters, victimization of honest investors, and the undermining of public confidence in market integrity."
"This case demonstrates the value of a coordinated approach by law enforcement authorities," said Richard Weber, Chief, Internal Revenue Service (IRS) Criminal Investigation. "As a result of the collaborative effort in this investigation, investors were protected from further financial harm. IRS Criminal Investigation is always ready to lend its financial investigative expertise to the investigation of complex and sophisticated financial crimes."
Kaufmann admitted to conspiring with co-defendant Jean-Pierre Neuhaus, another Swiss citizen, to violate the Travel Act by bribing stock brokers. Axius, which refers to itself as a "holding company and business incubator" that develops other businesses, is incorporated in Nevada, and its principal offices are in Dubai, United Arab Emirates. As part of the scheme, Kaufmann and Neuhaus, while located overseas, enlisted the assistance of an individual they believed had access to a group of corrupt stock brokers; this individual was in fact an undercover law enforcement agent. Kaufmann and Neuhaus believed that the undercover agent controlled a network of stockbrokers in the United States with discretionary authority to trade stocks on behalf of their clients.
According to court documents, Kaufmann and Neuhaus instructed the undercover agent to direct brokers to purchase Axius shares that were owned or controlled by Kaufmann in return for a secret kickback of approximately 26 to 28 percent of the sale price. Kaufmann and Neuhaus instructed the undercover agent as to the price the brokers should pay for the stock, and Kaufmann specifically instructed the undercover agent, in Neuhaus’s presence, that the brokers would have to pay gradually higher prices for the shares they were buying. Kaufmann and Neuhaus directed the undercover agent that the brokers were to refrain from selling the Axius shares they purchased on behalf of their clients for a one-year period. By preventing sales of Axius stock, Kaufmann and Neuhaus intended to maintain the fraudulently inflated share price for Axius stock. Kaufmann and Neuhaus agreed to sell approximately $3.5 million to $5 million worth of Axius shares through the undercover agent’s stock brokers.
Kaufmann and Neuhaus were arrested on March 8, 2012. On Oct. 10, 2012, Neuhaus pleaded guilty to conspiracy to commit securities fraud and violate the Travel Act.
At sentencing, scheduled for May 17, 2013, Kaufmann faces a maximum penalty of five years in prison. As part of his plea agreement, Kaufmann agreed to forfeit $298,740 that victims lost as a result of the crime.
This case is being prosecuted by Trial Attorney Justin Goodyear of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Ilene Jaroslaw of the Eastern District of New York. The case was investigated by the FBI New York Field Office and the IRS New York Field Office. The department also thanks the Securities and Exchange Commission for its assistance in this matter.
NEWS FROM AFGHANISTAN FOR JANUARY14, 2013
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| An Afghan man passes members of Provincial Reconstruction Team Farah on their way to the site of a leadership meeting in Farah City, Afghanistan, Jan. 8, 2013. U.S. Navy photo by Chief Petty Officer Josh Ives |
FROM: U.S. DEPARTMENT OF DEFENSE
Combined Force Kills Taliban Leader in Nangarhar Province
Compiled from International Security Assistance Force Joint Command News Releases
WASHINGTON, Jan. 14, 2013 - A combined Afghan and coalition security force killed Taliban leader Haqiq in the Sherzad district of Afghanistan's Nangarhar province today, military officials reported.
After positively identifying a threat from armed insurgents, the combined force engaged, killing Haqiq and two additional insurgents.
Haqiq, also known as Sur Gul Lala, conducted attacks against Afghan and coalition forces and extorted money from district villagers to fund Taliban activities. The security force also detained three suspected insurgents and seized a cache of weapons, gear and ammunition. No civilians were harmed during the operation, officials said.
In other Afghanistan operations today:
-- A combined force in Baghlan province's Baghlan-e Jadid district arrested a Taliban senior leader and another insurgent. The senior leader commanded insurgents operating in Jowzjan and Sar-e Pul provinces and was responsible for attacks against Afghan and coalition forces and Afghan civilians.
-- A combined force detained three insurgents in Kandahar province's Daman district during a search for a Taliban leader who oversees the acquisition and transfer of weapons and ammunition to insurgents. The security force also seized a large cache of ammunition.
In operations yesterday:
-- A combined force in Helmand province's Nad-e Ali district arrested a Taliban leader who transported and planted roadside bombs and armed insurgent fighters in the district. The security force also detained two suspected insurgents.
-- In Baghlan province's Baghlan-e Jadid district, a combined force detained two suspected insurgents during a search for a Taliban leader who controls fighters responsible for attacks against Afghan and coalition forces.
-- A combined force detained two suspected insurgents in Nangarhar province's Khugyani district during a search for a Taliban leader who provides weapons to Taliban fighters. The security force seized bomb-making materials, weapons and ammunition.
MILITARY STAND-INS REHEARSE FOR PRESIDENTIAL INAUGURATION
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| Left to right: Coast Guard Chief Petty Officer Rachel Washko, Marine Corps Master Sgt. Richard Bolin, Air Force Staff Sgt. Serpico Elliott Army Spc. Yolanda Rollins meet with reporters after representing President Barack Obama, Vice President Joe Biden and their wives during a Jan. 13, 2013, dress rehearsal for Jan. 21 Inauguration Day activities in Washington, D.C. DOD photo by Army Sgt. 1st Class Tyrone C. Marshall Jr. |
Military Stand-ins Support Inauguration Rehearsal
By Army Sgt. 1st Class Tyrone C. Marshall Jr.
American Forces Press Service
WASHINGTON, Jan. 14, 2013 - With the 57th presidential inauguration a week away, President Barack Obama, First Lady Michelle Obama, Vice President Joe Biden and his wife, Dr. Jill Biden, likely are busy getting prepared.
It stands to reason they wouldn't have much time, much less an entire day, to stand through dozens of rehearsals as the U.S. military prepares for its role in supporting the ceremonial occasion.
Therefore, stand-ins are necessary, which is exactly what four lucky service members did for yesterday's large-scale dress rehearsal in the nation's capital.
Air Force Staff Sgt. Serpico Elliott, 29, from Greensboro, N.C., was the man of the hour as he stood in for President Barack Obama.
Elliot, who said he was selected to represent the commander in chief because of his physical stature, standing at 6 feet, 2 inches, talked about his experience.
"It's a once-in-a-lifetime opportunity to support the commander in chief in such a capacity," he said. "It's an amazing feeling, even if it's for a day.
"It was a very good experience," Elliot added. "The rehearsal went very smoothly. We just got a quick brief and everything like that for the run-through, and kept with the timelines and everything."
Elliot noted that he and the other military stand-ins have roles for the actual inauguration ceremony, so the day of the event will be very different for them, compared to yesterday's rehearsal. A communications noncommissioned officer by trade, he will support the mobile communications center team during the Jan. 21 public inauguration ceremony.
Army Spc. Yolanda Rollins, 20, an automated logistical specialist from Dunwoody, Va., was asked how she selected her clothes for the rehearsal. She stood in for the first lady, who is known for trendy dressing.
"It took a while," Rollins said with a laugh. "But I just readily chose it, and it just happened to fit perfectly. I fell in love with it."
Rollins said she picked "something that is [trendy], but classy and casual, and gorgeous as well."
Marine Corps Master Sgt. Richard Bolin, 43, from Pontiac, Mich., made sure to note the military stand-ins were simply filling in for the principals.
"We're not here to impersonate them," he said. "We're here to stand in their place."
Bolin, an operations center chief, said he volunteered to represent the vice president.
"They were looking for people who were not fully, actively engaged during the rehearsal this morning," he said. "We had a lot of people out on Pennsylvania Avenue and throughout [the District of Columbia] rehearsing for what is going to happen.
Bolin said he reported to Joint Task Force National Capital Region in August to support the military's preparations "to put this world-class show on for the president."
"We're proud to support him," he added.
Coast Guard Chief Petty Officer Rachel Washko, 37, of Plano, Texas, is a special events coordinator for the inauguration and represented Dr. Biden during yesterday's rehearsal. As is the case with the other stand-ins, she has not had the opportunity to meet her counterpart, she said, but she knows exactly what she would say if given the opportunity.
"It would be a real honor to meet Dr. Biden," she said. "As a military member, and a military spouse, [I know] she's done a lot for military families, and she supports education. So I'd tell her it's an honor to meet her and stand in her shoes for a day."
PINNACLES BECOMES 59TH U.S. NATIONAL PARK
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| Photo: California Condor. Credit: Wikimedia Commons. |
AMERICA’S GREAT OUTDOORS: Salazar, Jarvis Celebrate Pinnacles’ New Status as 59th National Park
President signs legislation to elevate status of 1908 national monument in California’s Gabilan Mountains
WASHINGTON – Secretary of the Interior Ken Salazar and Director of the National Park Service Jonathan B. Jarvis today celebrated the establishment of America’s 59th national park with President Obama’s signature of legislation to elevate Pinnacles National Monument to become Pinnacles National Park.
"This ancient and awe-inspiring volcanic field with its massive monoliths, spires, cave passages and canyons is a place that restores our souls and energizes our bodies with its beauty and abundant opportunities for outdoor recreation," Salazar said. "I commend Rep. Sam Farr and Sen. Barbara Boxer for their vision in sponsoring the legislation to make it a national park."
"As with our other national parks and lands, Pinnacles also is an economic engine, supporting jobs in local communities," he said, noting that last year Pinnacles hosted more than 343,000 visitors. Each year, visitors spent about $4.8 million and support 48 jobs in the local economy.
Rising out of the Gabilan Mountains east of central California's Salinas Valley, Pinnacles is the result of millions of years of erosion, faulting and tectonic plate movement. Within the park's boundaries lie nearly 27,000 acres of diverse wild lands. Visitors delight in the beauty and variety of its spring wildflowers and more than 400 species of native bees. The Pinnacles rock formations are a popular destination to challenge technical and beginner climbers alike.
Designated as a national monument in 1908 by President Theodore Roosevelt, the park’s management will not change by the legislation. The Pinnacles National Park Act recognizes the broader significance of park resources, specifically the chaparral, grasslands, blue oak woodlands, and majestic valley oak savanna ecosystems of the area, the area's geomorphology, riparian watersheds, unique flora and fauna, and the ancestral and cultural history of native Americans, settlers and explorers.
"We are proud to add Pinnacles to our family of national parks," said Jarvis. "The beauty of the land and the diversity of recreational and educational opportunities offer a unique experience to every visitor. Pinnacles is a place worthy to be called part of ‘America’s Best Idea.'"
Pinnacles National Park is also well known as an incubator of America’s fragile population of California Condors. It is one of three condor release sites in the country, and the only release site in a national park. Pinnacles has been a partner of the California Condor Recovery Program since 2003. The park manages 31 free-flying condors. Each bird is monitored after its release to increase its chances of survival. Park biologists and volunteers monitor chicks hatched in the wild. They check blood and feather samples for signs of poisoning from ingestion of lead-contaminated food. They also monitor condors to aid research about their habitat and movement.
In addition to changing the park’s status from national monument to national park, the legislation names the park’s 16,000 acres of wilderness as the Hain Wilderness. The name honors Schuyler Hain who was an 1891 homesteader from Michigan. Within 20 years he became known as the "Father of Pinnacles" leading tours up through Bear Valley and into the caves. Hain spoke to groups and wrote articles urging preservation of the area and acted as unofficial caretaker for many years. His efforts proved fruitful with the establishment of Pinnacles as a 2,500-acre national monument in 1908 by President Theodore Roosevelt.
The rock formations of Pinnacles National Monument and the Gabilan Mountain Range divide the park into East and West Districts which are connected by trails, but not by a vehicle road. More than 30 miles of trails access geological formations, spectacular vistas and wildland communities. Pinnacles National Park is a day-use park, with occasional full moon hikes and dark sky astronomical observations led by ranger-interpreters.
The National Park System is more than 84 million acres in size and contains 398 natural, cultural and historic landscapes. This system includes 59 national parks, 125 national historical parks, national and international historic sites, 75 national monuments, as well as many national memorials, battlefields, parkways, preserves, recreation areas, seashores and lakeshores and trails.
AIR FORCE STAFF SGT. COMPETES IN MIXED-MARTIAL ARTS DURING FREE TIME
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| Air Force Staff Sgt. Jeremy Caudillo works as a fitness supervisor at Barksdale Air Force Base, La. During his free time, he trains and competes in mixed martial arts competitions and helps his fellow airmen stay fit to fight. U.S. Air Force photo illustration by Senior Airman Micaiah Anthony |
FROM: U.S. DEPARTMENT OF DEFENSE, 2ND FORCE SUPPORT SQUADRON,
Face of Defense: Airman Strives to Become Pro Fighter
By Senior Airman Micaiah Anthony
2nd Bomb Wing
BARKSDALE AIR FORCE BASE, La., Jan. 11, 2013 - Many people dream of becoming rich, or of houses with white picket fences, but one airman's dream is to be locked in a blood-stained steel cage with a professional mixed martial artist.
For most, this would be a nightmare. But for Air Force Staff Sgt. Jeremy Caudillo, the 2nd Force Support Squadron fitness center supervisor here, his dream of becoming a professional MMA fighter is about to become reality.
"This has been a big dream of mine," Caudillo said. "My goal is to be the Ultimate Fighting Championship champion. I feel like MMA is my destiny."
Caudillo began his fighting career as a wrestler in high school and college. It wasn't until one of his deployments that he decided to pursue a career in MMA.
"I got interested in MMA when I was deployed to Afghanistan," he said. "I saw a few soldiers and some other guys doing combatives and jiu-jitsu, so I asked if I could partake. I started training with them, and it really started my career in MMA."
After Caudillo returned from his deployment, he joined an MMA gym and started competing in local amateur fights. His success in the ring attracted attention from producers of MTV's reality show "Caged."
"Being on the show was good for publicity," Caudillo said. "It helped me meet a couple of people in UFC and make a lot of great connections."
After more than two years of hard work and training, Caudillo recently finished his amateur career with a 6-3 record.
"I feel like I am ready to go pro," he said. "I'm setting up my first pro fight for March, and I'll make my debut in the 135-pound weight class."
Though his MMA career is taking off, Caudillo still wants to be an airman.
"I still want to keep my Air Force career," he said. "It is nice to be able to work here at the fitness center. My job in the Air Force is to train people and keep them fit to fight."
The training he receives from the Air Force and MMA go hand in hand, Caudillo said, and help him to be a better fighter and airman.
"MMA has helped me learn a lot more as far as different types of workouts [are concerned]," he added. "What I learn at the MMA gym I take back to my squadron and use it to train people. I also use some of the fitness fundamentals that I learned in the Air Force to help me with my strength and endurance training for MMA."
Caudillo uses full-body workouts along with core and strength training to help his fellow airmen pass their physical fitness tests and stay in shape.
"Before, I would just do basic exercises like running, pushups and situps to pass my [fitness] test," said Air Force Staff Sgt. Crystal McElvane, 2nd Force Support Squadron unit deployment manager. "Working out with [Caudillo] is a different level of intensity; it's a total-body workout. I am definitely getting more tone."
In return, Caudillo receives a lot of support from the base community.
"A lot of my co-workers and other airmen come to my fights to support me," he said. "It feels great to have them come and cheer me on."
With his last amateur fight behind him and a promising professional MMA career in front of him, Caudillo will be in the gym doing one of two things: working or training.
CHIROPRACTOR ASSOCIATION REACHES SETTLEMENT WITH DOJ REGARDING SETTING PRICES ACROSS COMPETITORS
FROM: U.S. DEPARTMENT OF JUSTICEThursday, January 10, 2013
Justice Department Challenges Joint Contracting on Behalf of Oklahoma Chiropractors
Settlement Bars Chiropractor Association and Its Executive Director from Conspiring to Raise Fees
WASHINGTON – The Department of Justice announced today that it has reached a settlement that will require the Oklahoma State Chiropractic Independent Physicians Association (OSCIPA) and its executive director to stop jointly determining prices and negotiating contracts with insurers on behalf of competing chiropractors in Oklahoma. The department said that the association and executive director negotiated at least seven contracts with insurers that set prices for chiropractic services on behalf of OSCIPA’s members, and that their conduct caused consumers to pay higher fees for chiropractic services in Oklahoma.
The department’s Antitrust Division filed a civil antitrust lawsuit in the U.S. District Court for the Northern District of Oklahoma against OSCIPA and executive director, Larry M. Bridges. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the lawsuit.
"By jointly negotiating fees on behalf of competing chiropractors, the association and its executive director increased the prices that consumers paid for chiropractic services in Oklahoma," said Bill Baer, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. "Today’s settlement promotes competition among Oklahoma chiropractors and prevents the association and its executive director from engaging in illegal conduct that caused consumers to pay more for their health care."
According to the complaint, OSCIPA–which is comprised of approximately 45 percent of all practicing chiropractors in Oklahoma–and Bridges collectively negotiated the rates and price-related terms for at least seven contracts with insurers on behalf of OSCIPA’s members and required members to suspend their pre-existing contracts with those same insurers. The association and Bridges also required OSCIPA’s members to accept only reimbursements above a certain level and prohibited members from offering insurers incentives or rebates, such as by waiving deductibles. Except for members who were part of the same practice groups, OSCIPA’s members were not clinically or financially integrated, and the association’s and Bridges’ actions were not necessary to achieve any benefits for consumers.
The proposed settlement will prevent the association and Bridges from establishing prices or terms for chiropractic services and from negotiating with insurers on behalf of competing chiropractors. The proposed settlement also will prevent them from attempting to facilitate joint negotiations and from communicating with chiropractors about any aspect of pricing or contracting.
The Oklahoma State Chiropractic Independent Physicians Association is headquartered in Tulsa, Okla. Bridges has been employed by OSCIPA as its executive director since at least 1999.
The proposed settlement, along with the department’s competitive impact statement, will be published in the Federal Register as required by the Antitrust Procedures and Penalties Act. Any person may submit written comments concerning the proposed settlement within 60 days of its publication to Peter J. Mucchetti, Chief, Litigation I Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 4100, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the court may enter the final judgment upon finding that it serves the public interest.
PLANNING FOR DISASTERS
FROM: FEMA
Preparedness Is For Everyone
WINDSOR, Conn. — How quickly people recover from an emergency may depend on the thought and planning put into preparing for a possible event.
"Every person has unique needs that should be taken into account," said FEMA’s Federal Coordinating Officer Albert Lewis, in charge of the federal recovery in Connecticut. "Everyone – and this includes people with disabilities, children, families and older Americans – should plan for all types of emergencies."
Make a plan that includes letting family and friends know your location if you are required to evacuate from your home. Another first action is to put together a basic emergency kit. This should include:
Three-day supply of water and nonperishable food
Medications to last at least a week
Battery-powered or crank radio
Flashlight and extra batteries
Whistle to signal for help
Wrench or pliers to turn off utilities
First aid kit, extra glasses, hearing aids with extra batteries, and copies of prescriptions
Important documents such as insurance and bank information, Social Security numbers for every family member, and cash and credit cards
Put these important documents in a waterproof container ready to pick up at a moment’s notice. Move anything that may block your path to the exit if you need to evacuate, particularly if the power is out.
Plan for pets as well. Plan to take them with you if you have to evacuate. Take along appropriate food, water and other necessities. Who knows when you might be able to return?
Stay informed about your local situation. Know what the local officials are advising and be ready with your emergency kit. You may need more than one kit: one for sheltering at home and one to take with you.
Preparedness Is For Everyone
WINDSOR, Conn. — How quickly people recover from an emergency may depend on the thought and planning put into preparing for a possible event.
"Every person has unique needs that should be taken into account," said FEMA’s Federal Coordinating Officer Albert Lewis, in charge of the federal recovery in Connecticut. "Everyone – and this includes people with disabilities, children, families and older Americans – should plan for all types of emergencies."
Make a plan that includes letting family and friends know your location if you are required to evacuate from your home. Another first action is to put together a basic emergency kit. This should include:
Medications to last at least a week
Battery-powered or crank radio
Flashlight and extra batteries
Whistle to signal for help
Wrench or pliers to turn off utilities
First aid kit, extra glasses, hearing aids with extra batteries, and copies of prescriptions
Important documents such as insurance and bank information, Social Security numbers for every family member, and cash and credit cards
Put these important documents in a waterproof container ready to pick up at a moment’s notice. Move anything that may block your path to the exit if you need to evacuate, particularly if the power is out.
Plan for pets as well. Plan to take them with you if you have to evacuate. Take along appropriate food, water and other necessities. Who knows when you might be able to return?
Stay informed about your local situation. Know what the local officials are advising and be ready with your emergency kit. You may need more than one kit: one for sheltering at home and one to take with you.
NEW ORLEANS POLICE DEPARTMENT WILL BE TRANSFORMED
FROM: U.S. DEPARTMENT OF JUSTICECourt Finalizes Consent Decree to Transform the New Orleans Police Department
Today, U.S. District Court for the Eastern District of Louisiana entered an order granting the joint motion of the United States and the city of New Orleans to enter the consent decree regarding the New Orleans Police Department (NOPD). This order is a critical milestone in reforming the long-troubled NOPD and is an important step in dealing with the public safety crisis in New Orleans and in restoring community confidence in the New Orleans criminal justice system. The court’s order ensures critical changes to policy and practices, oversight by a federal monitor and transparency so that the community can continue to participate in and track the reform process. The order finalizes this binding agreement that was extensively negotiated between the department and the city, and allows for that agreement’s immediate implementation. The department and the city signed the agreement in July 2012.
"The Department of Justice appreciates the court’s careful attention to this matter," said Thomas E. Perez, Assistant Attorney General for Civil Rights. "The court’s action today ensures that the people of New Orleans will have a police department that respects the Constitution, ensures public safety and earns the confidence of the community. This decree will provide the city with important tools to reduce crime, ensure effective, constitutional policing and restore public confidence in NOPD."
As outlined in the court’s order, approval of the consent decree comes after thorough review of the consent decree to determine if it is fair, reasonable and adequate to address the long-standing constitutional deficiencies within NOPD. The review included hearing extensive testimony from the United States, the city, the Office of the Independent Police Monitor, the Fraternal Order of Police and the Police Association of New Orleans and many other New Orleans stakeholders and residents. The testimony reaffirmed both that NOPD engages in unconstitutional conduct, and that there is a public safety crisis in New Orleans that the NOPD can only address by implementing the reforms required by the decree.
The court’s approval of the consent decree comes at a time of continuing and serious public safety challenges in New Orleans.
"The deficiencies within NOPD that the Department of Justice identified during its extensive investigation continue to plague New Orleans," said Assistant Attorney General Perez. "Time is of the essence. We look forward to the immediate implementation of the agreement, and stand ready to work with all stakeholders in New Orleans to continue the reform process."
The department opened an investigation into NOPD in May 2010 after Mayor Landrieu asked for the department’s help with a complete transformation of NOPD. After a thorough investigation of NOPD’s policies and practices the department issued a letter of findings in March 2011 that outlined a pattern of unconstitutional conduct and violations of federal law that stemmed from entrenched practices within NOPD. These constitutional violations include use of excessive force; unconstitutional stops, searches and arrests, and; discriminatory and biased policing based on gender, race, national origin and sexual orientation.
"In his first days in office, Mayor Landrieu called for a comprehensive federal civil rights investigation of NOPD, and said that ‘nothing short of the complete transformation is necessary and essential to ensure safety for the citizens of New Orleans.’ This consent decree provides the roadmap for the complete transformation of NOPD," said Assistant Attorney General Perez.
U.S. DEFENSE DEPARTMENT LAUDS DUAL-STATUS COMMANDERS
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| Deputy Defense Secretary Ashton B. Carter, left, talks with Army Brig. Gen. Michael Swezey, the designated dual-status commander for the joint task force that responded to the Hurricane Sandy disaster in New York, while visiting relief sites manned by active- and reserve-component forces under Swezey's command operating in Breezy Point, N.Y., Nov. 11, 2012. U.S. Army photo by Sgt. Ferdinand Detres |
FROM: U.S. DEPARTMENT OF DEFENSE
Sandy Response Reaffirms Value of Dual-status Commanders
By Donna Miles
American Forces Press Service
PETERSON AIR FORCE BASE, Colo., Jan. 11, 2013 - The response to Superstorm Sandy reaffirmed the value of a new command structure that Army Gen. Charles H. Jacoby Jr., the U.S. Northern Command commander, calls one of the most important initiatives to improve defense support of civilian authorities in more than a decade.
As Sandy was whirling its way toward the U.S. coastline in late October, Defense Secretary Leon E. Panetta responded to requests by several state governors in its anticipated path by appointing dual-status commanders in New Jersey, New Hampshire, New York, Maryland and Rhode Island.
The appointments gave these National Guard officers the authority to command both federal and state National Guard forces if they would serve as joint task force commanders during a Sandy response.
The dual-status commander concept represents a dramatic shift from past practices that dictated two distinct chains of command for forces responding to domestic disasters. Federal troops who operated under "Title 10" authority reported to one commander, and National Guard members serving under "Title 32," or state active duty authority, to another.
Hurricane Katrina underscored the problems of those parallel tracks when it pounded the Gulf Coast in 2005. As some 70,000 military poured into the region to assist, their efforts were hampered because no single joint task force commander was calling the shots. This caused duplicated efforts, delays, and in some cases, gaps in the support provided.
Navy Adm. James A. "Sandy" Winnefeld Jr., vice chairman of the Joint Chiefs of Staff, created the concept while he served as Northcom commander, and has called it one of his proudest accomplishments.
Jacoby has embraced the concept as well. "It harnesses DOD support in a unified way and connects it intimately to the needs and power of our communities," he told participants a domestic preparedness workshop last year.
The dual-status commander typically is a National Guard general officer who has authority over both Title 10 and Title 32/state active-duty troops. With a Title 10 deputy commander and staff members assigned to provide assistance, dual-status commanders report through both chains while supporting their respective state governors.
The concept made sense on paper, and was tested in several planned venues ranging from political conventions to a G8 Summit to a Boy Scout Jamboree, officials here said. The Defense Departmrnt had geared up to apply it last year during the Hurricane Irene response, but ended up not needing to, because no federal troops were needed.
Superstorm Sandy provided the first unplanned, no-notice implementation of the dual-status construct.
In the days before the storm made landfall, Northcom deployed its designated Title 10 deputy commanders, each accompanied by two planners, to embed with the dual-status commander in their designated state. Northcom also dispatched a team of experts in logistics, operations, law, public affairs and other disciplines to Harrisburg, Pa., ready to fan out as needed to provide specialized support.
It was a mission that Air Force Col. Paula Gregory and Army Col. Thomas Salo, along with other Northcom staff who had volunteered for the additional duty, had long prepared for. They had communicated with and made visits to their assigned states -- New York for Gregory and New Jersey for Salo -- and became familiar members of the state emergency response teams.
"We were past the 'get-to-know-you' stage," Gregory said. "We were already at the 'How do we get together and start working?' stage."
So when Army Brig. Gen. James Grant was activated as the joint task force commander for New Jersey, and Army Brig. Gen. Michael Swezey for New York, the commanders and their staffs knew they could rely on their Title 10 deputies to bring valued expertise to the table. This included a solid grounding in how to identify and tap into federal capabilities, but also understood the distinct lines between the type of assistance federal forces can provide and what the law prohibits, Salo said.
This understanding paid off, as Guardsman and active forces with a long history of working together under a single command in combat did so for the first time for an unplanned event in the United States, he said.
Salo said he was impressed at how easily active-duty soldiers from the 10th Mountain Division at Fort Drum, N.Y., were able to meld with their Guard counterparts when they deployed to New Jersey to provide fuel support for civilian first responders. "They worked right alongside the National Guard guys in an integrated structure that started at the top and continued through the lower levels," he said.
In New York, active-duty soldiers, sailors, Marines and airmen, as well as Army reservists, joined the New York National Guard in pumping water out of key infrastructure sites. "Everything was so seamless. It really was a total force, blended together to form a composite team," Gregory said.
Activating dual-status commanders to coordinate active-duty, National Guard and reserve force recovery efforts improved the response dramatically, Gregory said. "Having that one person able to oversee both efforts that were happening within their states brought a lot of synergy into the overall effort and better support to the citizens that needed the help," she said.
Gregory and Salo said they expect the dual-status commander concept to be fine-tuned as it's applied to more response operations. "It's been a great learning experience. A lot of lessons will come out of this about how you employ Title 10 [forces], how you use a dual-status command-led structure and response to large and complex catastrophes," Salo said.
More needs to be done to balance a disaster response system designed to pull the resources it needs with supporting organizations anxious to push assistance, he said. And more education is needed across all ranks of the military, particularly among federal forces, to increase awareness about defense support of civil authorities, Gregory said.
"But the key thing we both agree on is, it works," Salo said.
Salo called his experience as a Title 10 deputy commander a career highlight. After multiple overseas deployments during his 25 years of service, he said it was gratifying to be able to help his fellow Americans.
"This was a chance to do something at home, and it paid off in spades for me personally to be able to do that," he said.
REGULATION OF "SPECIAL NUCLEAR MATERIAL"
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| Photo: Nuclear Plant. Credit: NRC. |
Special Nuclear Material
What is meant by special nuclear material?
"Special nuclear material" (SNM) is defined by Title I of the Atomic Energy Act of 1954 as plutonium, uranium-233, or uranium enriched in the isotopes uranium-233 or uranium-235. The definition includes any other material that the Commission determines to be special nuclear material, but does not include source material. The NRC has not declared any other material as SNM.
Where does special nuclear material come from?
Uranium-233 and plutonium do not occur naturally but can be formed in nuclear reactors and extracted from the highly radioactive spent fuel by chemical separation. Uranium-233 can be produced in special reactors that use thorium as fuel. Only small quantities of uranium-233 have ever been made in the United States. Plutonium is produced in reactors using U-238/U-235 fuel. No U.S. commercial plutonium reprocessing plant is currently licensed by the NRC for operation. Uranium enriched in uranium-235 is created by an enrichment facility (see Uranium Enrichment). The NRC regulates two gaseous diffusion enrichment plants operated by the U.S. Enrichment Corporation.
Why is control of special nuclear material important?
Congress enacted Title I of the Atomic Energy Act of 1954 , as part of President Eisenhower's Atoms for Peace program, including the clause:
Special nuclear material is only mildly radioactive, but it includes some fissile material -- uranium-233, uranium-235, and plutonium-239 -- that, in concentrated form, can be the primary ingredients of nuclear explosives. These materials, in amounts greater than formula quantities, are defined as "strategic special nuclear material" (SSNM). The uranium-235 content of low-enriched uranium can be concentrated (i.e., enriched) to make highly enriched uranium, the primary ingredient of an atomic bomb.
The NRC regulates peaceful use of special nuclear material through licensing and oversight of licensee operations.
Sunday, January 13, 2013
NEXT-GENERATION SATELLITE
FROM: NASA
Next-Generation Satellite Prepared for Launch
The Tracking and Data Relay Satellite (TDRS-K) spacecraft is part of the next-generation series in the Tracking and Data Relay Satellite System, a constellation of space-based communication satellites providing tracking, telemetry, command and high-bandwidth data return services.
Launch of the TDRS-K on the Atlas V rocket is planned for January 29, 2013. The first stage of the Atlas V rocket that will carry the Tracking and Data Relay Satellite, TDRS-K, into orbit has been erected at Cape Canaveral Air Force Station's Space Launch Complex 41 in Florida. Photo Credit-NASA-Ben Smegelsky
CAPE CANAVERAL, Fla. -- At Cape Canaveral Air Force Station's Space Launch Complex 41 in Florida, the Centaur stage has been mated to the Atlas V rocket that will carry the Tracking and Data Relay Satellite, TDRS-K, into orbit. The TDRS-K spacecraft is part of the next-generation series in the Tracking and Data Relay Satellite System, a constellation of space-based communication satellites providing tracking, telemetry, command and high-bandwidth data return services. Photo credit-NASA-Charisse Nahser.
WHITE HOUSE PHOTO OF NEETING TO DISCUSS NEWTOWN SCHOOL TRADGEDY
FROM: THE WHITE HOUSE
Vice President Joe Biden listens to Annette Nance-Holt as she holds a photo of her son Blair, who was shot and killed while riding a bus from school in 2007, during a meeting in the Eisenhower Executive Office Building in Washington, D.C., Jan. 9, 2013. The Vice President, along with Attorney General Eric Holder, met with representatives of victims’ groups and gun safety organizations as part of the Administration’s effort to develop policy proposals in response to the tragedy in Newtown, Conn. Colin Goddard, who was shot four times at Virginia Tech in 2007, is seated second from left. (Official White House Photo by David Lienemann)
FLORIDA WOMAN AGREES TO PPAY $21 MILLION PENALTY FOR NOT DISCLOSING SWISS BANK ACCOUNT INCOME
FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, January 8, 2013
South Florida Woman Pleads Guilty to Failing to Disclose Income from Swiss Bank Accounts and Agrees to $21 Million Penalty
Mary Estelle Curran of Palm Beach, Fla., pleaded guilty today in the U.S. District Court for the Southern District of Florida to filing false tax returns for tax years 2006 and 2007, the Justice Department and Internal Revenue Service, Criminal Investigation (IRS-CI) announced.
According to court documents, Curran, a U.S. citizen, maintained undeclared bank accounts at UBS AG in Switzerland and a bank in Liechtenstein, which she inherited from her husband in 2000. The accounts at UBS AG were held in the names of nominee foreign entities, including the Flognet Foundation and Norega Investment. The account earned income each year, which Curran failed to report on her 2001 through 2007 individual income tax returns.
According to the plea agreement, Curran’s conduct caused a tax loss to the government of approximately $667,716. The value of all undeclared foreign financial accounts owned or controlled by Curran exceeded $42 million in 2007. In order to resolve her civil liability for failure to report her foreign bank accounts, Curran has agreed to pay a civil penalty in the amount of 50 percent of the high balance of the accounts, which is $21,666,929.
"The Justice Department continues to pursue those who hide income and assets from the IRS through the use of nominee businesses and offshore bank accounts," said Assistant Attorney General Keneally. "U.S. taxpayers who fail to come forward in the voluntary disclosure program risk prosecution and substantial fines, as this case demonstrates."
"U.S. citizens who seek to avoid their tax obligations by hiding income in undeclared bank accounts abroad should by now be fully on notice that they will be held accountable for their actions, both civilly and criminally," said U.S. Attorney for the Southern District of Florida Wifredo A. Ferrer. "The U.S. Attorney’s Office is committed to helping the IRS enforce our nation’s tax laws."
"Offshore accounts can no longer be used to hide from the IRS and avoid paying the fair amount of tax," said Richard Weber, Chief, IRS Criminal Investigation. "IRS Criminal Investigation is aggressively pursuing tax cheats – both domestically and internationally. We owe it to every American taxpayer to use all lawful means to identify and prosecute both those who evade their taxes and those who assist them in evading their tax obligations."
Curran faces a potential maximum prison term of six years. A sentencing date has not been set.
Assistant Attorney General Keneally and U.S. Attorney Ferrer thanked Special Agents of IRS - CI, who investigated the case, and Tax Division Senior Litigation Counsel Mark F. Daly and Trial Attorney Michelle M. Petersen and Assistant U.S. Attorney Thomas P. Lanigan, who prosecuted the case.
U.S. DOD PHOTOS: 2012 WARRIOR GAMES
FROM: U.S. DEPARTMENT OF DEFENSE,
Lighting Ceremony - Retired Army veteran Melissa Stockwell performs the torch-lighting ceremony with Royal Marine Capt. Simon Maxwell to kick off the 2012 Warrior Games in Colorado Springs, Colo., April 30, 2012. The U.S. Olympic Committee hosts the sporting competition for wounded members of the armed services. U.S. Army photo by Sgt. Tierney P. Nowland
Warrior Dive - Marine Corps Cpl. Marcus Chischilly, a wounded warrior with the West Team, dives in the pool at the start of the 50-meter race during the 2012 Marine Corps Trials hosted by the Wounded Warrior Regiment on Marine Corps Base Camp Pendleton, Calif., Feb. 21, 2012. Chischilly won the silver medal in the race for single-leg amputees. Wounded warrior Marines, veterans and allies are competing in the second annual trials. U.S. Marine Corps photo by Sgt. Mark Fayloga
Rugby Risk - William Groulx, center, U.S. wheelchair rugby captain and retired Navy sailor, falls after a member of the British team crashes into him at the basketball arena during the 2012 Paralympic Games in London, Sept. 5, 2012. DOD photo by U.S. Air Force Master Sgt. Sean M. Worrell.
MARS MOSAIC
FROM: NASA
Panoramic View From Near 'Point Lake' in Gale Crater, Sol 106
This panorama is a mosaic of images taken by the Mast Camera (Mastcam) on the NASA Mars rover Curiosity during the 106th Martian day, or sol, of the mission (Nov. 22, 2012). The rover was near a location called "Point Lake" for an overlook of a shallow depression called "Yellowknife Bay" which is in the left third of this scene, in the middle distance.
The image spans 360 degrees, with south at the center. It has been white-balanced to show what the rocks and soils in it would look like if they were on Earth.
Image Credit-NASA-JPL-Caltech-Malin Space Science Systems
HOW INDIVIDUALS ARE AFFECTED BY THE TAXPAYER RELIEF ACT
FROM: USA.GOV
How Does the American Taxpayer Relief Act Affect You?
On January 2, 2013, President Obama signed the American Taxpayer Relief Act (ATRA) into law. This new law addresses many of the tax issues that were debated by Congress at the end of 2012, and which were referred to by many as the "fiscal cliff."
Here is what the law addressed, and how it could affect you:
The "Bush-era tax cuts"
The new law permanently extended reduced tax rates on income and capital gains and dividends if you make less than $400,000 ($450,000 if you’re married and file jointly). If you make more than that, the marginal tax rate for income beyond the new levels rose from 35 percent to 39.6 percent.
This change also increased the top tax rate on long term capital gains and dividends from 15 percent to 20 percent and made changes to several other tax credits, the marriage penalty and education-related incentives.
The Estate Tax Rules
ATRA permanently extended the estate tax laws as they currently exist, except for the top tax rate, which was increased from 35 percent to 40 percent. Now up to $5 million of an estate’s worth is exempt from taxes.
The American Recovery and Reinvestment Act of 2009 Tax Provisions
The child tax credit, some provisions surrounding the Earned Income Tax credit and an education tax credit, the American Opportunity Tax Credit, were all temporarily extended through 2017.
The Payroll Tax Reduction
There was a two percent reduction in the amount of money you paid through the Social Security payroll tax that Congress put in place in 2010. This tax reduction was not extended as part of ATRA. As a result, the tax rate reverted back to the original amount — 6.2 percent for employees and 12.4 percent for the self-employed. You may notice a change in the amount of your take-home pay in your first paycheck of the 2013 calendar year.
The ATRA also addressed several other issues, including unemployment, Medicare and other health provisions and the farm bill.
How Does the American Taxpayer Relief Act Affect You?
On January 2, 2013, President Obama signed the American Taxpayer Relief Act (ATRA) into law. This new law addresses many of the tax issues that were debated by Congress at the end of 2012, and which were referred to by many as the "fiscal cliff."
Here is what the law addressed, and how it could affect you:
The "Bush-era tax cuts"
The new law permanently extended reduced tax rates on income and capital gains and dividends if you make less than $400,000 ($450,000 if you’re married and file jointly). If you make more than that, the marginal tax rate for income beyond the new levels rose from 35 percent to 39.6 percent.
This change also increased the top tax rate on long term capital gains and dividends from 15 percent to 20 percent and made changes to several other tax credits, the marriage penalty and education-related incentives.
The Estate Tax Rules
ATRA permanently extended the estate tax laws as they currently exist, except for the top tax rate, which was increased from 35 percent to 40 percent. Now up to $5 million of an estate’s worth is exempt from taxes.
The American Recovery and Reinvestment Act of 2009 Tax Provisions
The child tax credit, some provisions surrounding the Earned Income Tax credit and an education tax credit, the American Opportunity Tax Credit, were all temporarily extended through 2017.
The Payroll Tax Reduction
There was a two percent reduction in the amount of money you paid through the Social Security payroll tax that Congress put in place in 2010. This tax reduction was not extended as part of ATRA. As a result, the tax rate reverted back to the original amount — 6.2 percent for employees and 12.4 percent for the self-employed. You may notice a change in the amount of your take-home pay in your first paycheck of the 2013 calendar year.
The ATRA also addressed several other issues, including unemployment, Medicare and other health provisions and the farm bill.
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