PENTAGON PRESS SECRETARY LITTLE SAYS THERE IS POSITIVE PROGRESS IN AFGHANISTAN

FROM:  U.S. DEPARTMENT OF DEFENSE

Outlook on Afghan Progress Remains Positive, Press Secretary Says

By Army Sgt. 1st Class Tyrone C. Marshall Jr.
American Forces Press Service
WASHINGTON, Feb. 26, 2013 - Despite discovery of a clerical error that incorrectly indicated a drop in Taliban attacks, the Defense Department's assessment of progress in Afghanistan is unchanged, Pentagon Press Secretary George Little said here today.

At a Pentagon news conference, Little said the incorrect information is being fixed.
"This is a regrettable error in our database systems that was discovered during a routine quality check," he said. "We are making the appropriate adjustments. In spite of the stated adjustment, our assessment of the fundamentals of progress in Afghanistan remains positive."

Little said the clerical error doesn't change the fact that 80 percent of the violence has been taking place in areas where less than 20 percent of the Afghan population lives. The Taliban have been pushed out of population centers and have failed to retake any of the areas they lost, he added.
Afghan security forces are now in the lead for the vast majority of partnered operations, and have taken the leading role in providing security for 87 percent of the country's population, Little told reporters.

"There's a tendency sometimes to fixate on one metric, whether it's this particular database number or insider attacks or casualties," he said. "The complete picture of progress in Afghanistan is much more nuanced, and I would encourage you to look at that overall picture."

Little also said the congressionally mandated Report on Progress Toward Security and Stability in Afghanistan will be reviewed for any necessary adjustments, but that he doesn't believe a broader review is necessary.

"As we transition in partner war with the Afghans, we're going to have to collect information with them, so we need to make sure that our numbers and their numbers are accurate, that they're reported effectively, that our systems are capable of processing those numbers, and then we drive out the correct analytics at the end," he said.

The Defense Department has a duty to convey information that is as accurate as possible, the press secretary said. "So I view this as a limited instance at this stage," he added. "If there is a broader problem, of course, we'll be forthright about it."

Little said this year's statistics show a "story of tremendous progress" for the International Security Assistance Force in Afghanistan.

"It's, in part, what steps American and ISAF partners have done to orient this very effective campaign in the right direction," he said. "It's also about what the Afghans are doing themselves to orient their own campaign, and it's about what we're doing together in Afghanistan.

"And we're seeing major muscle movements on all three tracks," he continued. "And I think if you add the progress up along those three tracks -- bearing in mind that there are still challenges out there, and we're not at all discounting the challenges that still remain in the midst of a war -- then the overall trend lines are very positive."

Little said the goal of ISAF partners has been to "make this war effort over time, more and more Afghan, not just the face of Afghans providing security for their own country, but also their capabilities."

"And we are, I think, doing a very effective job enabling them," he added. "And in many cases, they have surpassed our own expectations. That's not to say we don't have work to be done ... in certain areas. But they have really taken on this fight, willingly, and have made great sacrifices, and we're trying to help them every step of the way."

SECRETARY KERRY MEETS WITH BERLIN EMBASSY STAFF AND FAMILIES

FROM: U.S. DEPARTMENT OF STATE
Meeting With Staff and Families of Embassy Berlin
Remarks
John Kerry
Secretary of State
U.S. Embassy Berlin
Berlin, Germany
February 26, 2013

Guten morgen. Wie gehts ihnen? Es ist wunderbar, wieder hier in Berlin zu sein. Yeah. Danke. [Translation: Good morning. How are you? It is wonderful to be here in Berlin again. Thanks.] (Applause.) You can tell Rosetta Stone works on the airplane, folks. (Laughter.) No, no, no. I’m only joking. I really have wonderful memories.

Last night, I got a chance to walk out of the hotel and I walked out through the street here along the bricks in the middle of the road and then over into the Holocaust museum, and I’ve seen it before. But I’d never had a chance to walk through it. And at night, last night, walking through it, sort of going down and up and with the height and the different sizes and the disorientation and everything, I really thought what a brilliant, brilliant memorial that is, but also I thought how courageous and forthright it is by the Government of Germany to decide to put it right there, right here, near the Brandenburg Gate, near the Reichstag, where so much history was and still is.

And so it’s a great reminder, that and the bricks in the road, of the journey that we’re all on together. And that’s why it’s very, very special for me to be able to be here in Germany today, the second stop of my first trip as the new Secretary of State. And it’s special for me to be able to come back, obviously, here to this city where I was about that high, right over there. I got my passport out the other day when I went into the State Department. It said 4 foot 3, brown hair. And I said, "What happened?" Anyway. (Laughter.)

But – and I want to say good morning to each of the consulates that are tuning in, I guess Dusseldorf and Stuttgart, Hamburg, Bonn, and what – Leipzig, Munich. And hello to you guys and thank you.

I’m not going to talk for long. Usually in my speeches when I was a senator that was an applause line. (Laughter.) But anyway, that’s a senatorial thing, folks. Let me just say very, very quickly a profound thank you to you from the President of the United States for whom we all serve and for your country. The one thing I learned when I came here back in the 1950s was it’s not easy being in the Foreign Service, civil service, or locally employed employee, because there are sacrifices involved in this. And sometimes I’m sure each of you has sort of said, "Gosh, here I am in this far-off land, wherever it is, and life is a little different and tougher in some places than others." and you kind of say, "Am I missing something?" or "Am I – would it be better for my kids if I were home or whatever I’m doing?", and so forth. Those questions come to everybody.

And I just – I want to assure you that this is one of the great adventures and one of the great services that any person can perform for their country. It makes an enormous difference. I think there’s something like 1,600 people working here, 30-plus departments of our government all coming together working on various issues, to work on the transatlantic trade investment concept that’s now on the table, to work on Mideast peace, to work on counterterrorism, counternarcotics, and visas, and peoples’ problems. So I really just bring you the gratitude of a nation, and I hope the understanding of the Secretary of State for what you’re going through.

We face tough budget choices, and I know you sometimes scratch your heads – because I do it at home – and say what the hell are those guys doing or not doing as the case may be, and it’s frustrating. And I get it.

One thing I promise you, I will be a tireless champion on behalf of our mission. I believe in it, heart and soul. The difference we make to other people, the incredible virtue of being able to touch people in another country and show them the real face of America, to carry our values with us every day in everything that we do, is unparalleled. It is a blessing, and I know the difference that it makes to people all over the world, because as chairman of the Foreign Relations Committee, I had the privilege of traveling so many different places and seeing it and hearing it.

I was the author with Bill Frist, who was then majority leader of a then not very consequential piece of legislation that people weren’t too tuned into but a few people opposed, like Jesse Helms of North Carolina. And it was our early initiative to try to deal with AIDS. And it had all the pejoratives of that time attached to it. But Bill Frist joined with me and largely because of his confidence that Republicans had, bipartisan, Jesse Helms, conservative from North Carolina, signed onto the bill. We passed it unanimously in the United States Senate, it became law, and today, my friends, that is PEPFAR. And we have saved over 5 million lives, children, in Africa alone. That’s an extraordinary story. (Applause.)

And you can replicate that in so many different ways, whether it was years ago, the effort to stand up for people trying to emigrate from the other side of this wall, whether it was our President standing out there – first John Kennedy coming here and saying, "Ich bin ein Berliner," or Ronald Reagan saying, "Tear down that wall," you are on the cusp of history here, and you always have been. And probably because John Kennedy came here and put his stamp on all of that, there’s a special pride in the fact that the Ambassador Jim Melville – Jim, incidentally, this embassy is here because for every year since 1941, since the war ended, after it was torn down, we’d send somebody over here to sort of stake our claim on an annual basis. And Jim was the guy who came and staked it on one occasion. So Jim, we all owe this embassy to you and your hanging in there. (Applause.)

But it’s also appropriate that there are three Boston boys represented here in the Ambassador Phil Murphy, and Jim, and myself. So there’s a Boston connection to this place right here outside the Brandenburg Gate, and we love it. I want to thank Ambassador Murphy for his tremendous service and for his family, who’ve, I think, done an extraordinary job here. And Jim, we’re very, very grateful to you. Thank you, Phil. We really appreciate it. Thank you very, very much. (Applause.)

And final comment to all of you, just to wrap up, because I don’t want to destroy the productivity of this embassy – thanks for coming out this morning just to say hi. I wanted to have the chance to say hello to everybody. I just – my dad worked in the Clayallee annex with Jim Conant, who was then the High Commissioner of Germany, as we called it, fresh from being president of Harvard University. My dad was the legal adviser at that point in time.

And I used to have great adventures. My bicycle and I were best friends. And I biked all around this city. I remember biking down the Kurfurstendamm and seeing nothing but rubble. This was in 1954. It was still pretty much in the rebuild. And that, fresh from 1945 – the war was very much still on people’s minds. The Reichstag was completely burned out. And I biked down by the Brandenburg Gate and out across.

And one day, using my diplomatic passport, I biked through the checkpoint and went into the east sector, and noticed very quickly how dark and unpopulated and sort of unhappy people looked, and how dark the clothing was, and very few cars, very sparse – a memory that hit this 12-year-old kid. And I kind of felt a foreboding about it, and I didn’t spend much time. I decided to skedaddle and then got back out of there and went home and proudly announced to my parents what I had done. (Laughter.) And was promptly grounded and had my passport pulled and that was it for me. (Laughter.)

But I used to bike through the Grunewald for hours on end, and up and down, around. And I had a wonderful time here. Sailed under the Enz, got to know the city. And know this is such an incredible, vibrant, dynamic, modern, 24-hour, 24-7, 365 city. And you all are part of that.

So thank you for representing our nation in this extraordinary capital in the country of a great, great important ally. Thank you for what all of you do. Keep on truckin’, as the song says. And keep faith. And I promise you I will be your champion in Washington. We’ll fight the budget. We’ll do everything we can to explain to Americans how important our work is here, and I thank you for every single bit of it. Thank you. (Applause.)

MEDIA NOTE FROM STATE DEPARTMENT ON U.S.-UKRAINE STRATEGIC PARTNERSHIP

The Golden Gate in Kyiv was reconstructed in 1982 on the site of the city's medieval southern gate. The structure was one of three originally built in 1037 as part of the city's fortifications.

FROM: U.S. STATE DEPARTMENT
Democracy and Rule of Law Central to U.S.-Ukraine Strategic Partnership
Media Note
Office of the Spokesperson
Washington, DC
February 25, 2013　

The Governments of the United States and Ukraine held the fifth meeting of the Political Dialogue / Rule of Law Working Group February 22 in Washington under the auspices of the bilateral Strategic Partnership Commission. The purpose of the Working Group is to discuss topics relevant to strengthening democracy and the rule of law in Ukraine as a core principle affirmed in the 2008 U.S.-Ukraine Strategic Partnership Charter.

The Working Group was co-chaired by U.S. Deputy Assistant Secretary of State for Democracy, Human Rights and Labor Thomas O. Melia, and Ukrainian Presidential Advisor for Judicial and Law Enforcement Reform Andriy Portnov. Also participating was USAID Assistant Administrator for Europe and Eurasia Paige E. Alexander, U.S. officials from the Department of Justice, Ukrainian Deputy Foreign Minister Andrii Olefirov, and Ukraine’s Ambassador to the United States, Oleksandr Motsyk. Observers from civil society and non-governmental organizations also attended the meeting.

The United States congratulated Ukraine on adoption of a new Criminal Procedure Code (CPC), and noted the importance of effective implementation and the need for comprehensive prosecutorial reform to strengthen the CPC by eliminating the general supervision powers of the Prosecutor General’s Office. At the same time, the U.S. expressed concern over politically-motivated prosecutions and detention of former government officials, electoral fairness and the shortcomings identified by international observers in the October 2012 parliamentary elections, resolution of disputed results in five single-member districts, the extra-legal decision by the High Administrative Court of Ukraine to strip the mandates of two members of parliament, and continuing problems of freedom of assembly, pressure on the media, and respect for rights of LGBT individuals and other vulnerable minorities.

During the meeting, Ukrainian officials raised the case of U.S. citizen Andrew Butler, who was adopted from Ukraine in 2003. The Department will continue to work to ensure that Ukrainian officials have access to the information they require.

The Working Group meeting was preceded by a parallel, roundtable discussion on Ukraine’s 2013 OSCE Chairmanship and the Human Dimension hosted by the Carnegie Endowment for International Peace. The discussion was led by Deputy Assistant Secretary Melia and Mr. Portnov with the participation representatives of U.S. and Ukrainian civil society organizations.

RECENT U.S. NAVY PHOTOS

FROM: U.S. NAVY

An MH-60R Sea Hawk from the Raptors of Helicopter Maritime Strike Squadron (HSM) 71 launches flares alongside the aircraft carrier USS John C. Stennis (CVN 74), Feb. 15. John C. Stennis is deployed 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 Kenneth Abbate/Released)

Gunners Mate 3rd Class Matthew Teixeira stands on a pile of shell casings during weapons familiarization training on the fantail of the aircraft carrier USS Carl Vinson (CVN 70), Feb. 15. Carl Vinson is underway conducting Precision Approach Landing System (PALS) and flight deck certifications. (U.S. Navy photo by Mass Communication Specialist Seaman Jacob G. Kaucher/Released)

RECENT FEMA DISASTER PHOTOS

 

  FROM: FEDERAL EMERGENCY MANAGEMENT AGENCYMud City, N.J., Feb. 20, 2013 -- An elevated home overlooking Manahawkin Bay and the bridge to Long Beach Island is still in the process of having damaged areas to the lower level of the home replaced. Photo by Sharon Karr/FEMA

Long Beach, N.Y., Feb. 20, 2013 -- Remains of seven homes that burned to the ground and three others that sustained major damage, in the Canals neighborhood of Long Beach. At the height of Hurricane Sandy, firefighters had to walk through chest high flood waters with a hose and portable pump to fight the fire. It took six hours to contain and extinguish the blaze. K.C.Wilsey/FEMA

THE ARTIC DEFENDERS

THULE AIR BASE, Greenland -- Senior Airman David Light and Airmen 1st Class Caleb Coates and Matthew Yoder "stack up" before sweeping an area executing battle drills. Battle drills have allowed the Airmen to tailor training to a hands-on and mission specific approach to ready Airmen and heighten security measures. (U.S. Air Force photo)

FROM:  U.S. DEPARTMENT OF DEFENSE
Battle drills the Arctic Defender way
by Staff Sgt. Adrian Cavazos
821st Air Base Group

2/25/2013 - THULE AIR BASE, Greenland -- Over the past several years, installation security has evolved from air base defense, to integrated base defense, to integrated defense. The Arctic Defenders of the 821st Security Forces Squadron at Thule Air Base have embedded integrated defense within our actions and everyday thinking.

As an installation, we grasp the concepts and functions of integrated defense and have taken continuous stringent practices to implement perfected procedures in the Arctic region. Through developed training methods, technology and base operations, we have applied advanced measures to deter, detect and defeat any potential threat by acting rather than reacting and thereby making the installation a harder target for potential terrorist threats.

The goal and standard of integrated defense training is to increase readiness and provide opportunities to better prepare us for worst-case scenarios. The 821st SFS has created realistic training scenarios that apply to our local threat and our facilities to better handle any situation we may be faced with and must overcome.

More specifically, we have initiated the use of battle drills. Battle drills are basically minimal orders from leaders applied to a small unit repetitively to ensure sequential actions become a trained response. Battle drills, most commonly utilized prior to combat operations in a deployed environment, provide standardized operating procedures and allow Airmen to train to "what if" scenarios. Additionally, Airmen train by the use of instinct and constant rehearsal which maximizes proficiency and minimizes exertion of force. Staff Sgt. Joseph Cull, 821st SFS flight sergeant, took the lead and volunteered to design the battle drills due to his extensive knowledge in security.

"Battle drills are a way to have a plan in advance for different security situations so everyone knows their role and the role of the defender next to them," Cull said. Battle drills have allowed the Airmen to tailor training to a hands-on and mission specific approach to ready Airmen and heighten security measures.

The battle drill concept was initiated using the crawl-walk-run system. The concept started at a flight sergeants meeting where potential scenarios were discussed and the concept of drills quickly took off. The scenarios included active shooter, duress, alarm response and unauthorized individual drills. The battle drills exercise any situation the responding patrols may encounter such as a downed defender, barricaded subject or downed communications. In the past, these types of responses were typically incorporated into quarterly Condor Crest, short sprint and flight level exercises. They have now become a daily part of operations. Whether it is a terrorist attack, an insider threat, or a large scale disaster, we are all susceptible. This battle drill approach provides junior Airmen an opportunity to learn invaluable leadership and communications skills in an environment that also hones their tactics, techniques and procedures.

Never content with current progress, Cull and the other flight sergeants continue to expand their efforts by integrating new scenarios into each facet of our integrated defense.


"The best thing about battle drills is that they can continue to be improved," Cull said. His enthusiasm is infectious and almost every day, he is approached by a fellow defender offering to assist with new ideas on how to respond to different incidents. He continues to improve established drills, to apply the validated upgrades, and to provide valuable training so all personnel remain technically proficient and stay on a constant paralleled regiment. These battle drills encourage constant innovation which enhances the entire team as we maintain an ever-present security footprint.

"It Takes the BEST...to Defend the REST" is the 821st SFS motto. It's an honor Defenders there truly believe and carry with them every day. Battle drills allow the Airmen to be the best and defend Thule Air Base as well as its host nation. Never being satisfied and continuing to find a better way of training, use of technology and implementing future base operations is crucial to defending the base.

The austere environment and conditions at Thule Air Base require its Airmen to be ready both as an individual and as a team. Challenges like these make readiness even more important. Battle drills keep the 821st SFS Airmen motivated, focused, trained and prepared for anything.

SATURN HEX

FROM: NASA
Saturn's North Polar Hexagon
Saturn's north polar hexagon basks in the Sun's light now that spring has come to the northern hemisphere. Many smaller storms dot the north polar region and Saturn's signature rings, which appear to disappear on account of Saturn's shadow, put in an appearance in the background.

The image was taken with the Cassini spacecraft's wide-angle camera on Nov. 27, 2012 using a spectral filter sensitive to wavelengths of near-infrared light centered at 750 nanometers.

The view was acquired at a distance of approximately 403,000 miles (649,000 kilometers) from Saturn and at a Sun-Saturn-spacecraft, or phase, angle of 21 degrees. Image scale is 22 miles (35 kilometers) per pixel.

Image Credit: NASA/JPL-Caltech/Space Science Institute

DR. BIDEN ASKS GOVERNERS TO HELP MILITARY SPOUSES

FROM: U.S. DEPARTMENT OF DEFENSE
Dr. Biden Urges Governors to Help Military Spouses
By Amaani Lyle
American Forces Press Service
WASHINGTON, Feb. 25, 2013 - Dr. Jill Biden, wife of Vice President Joe Biden, today urged the nation's governors to get behind the effort to allow military spouses to transfer professional licenses from state to state.

Speaking to the National Governors Association at the White House as part of the "Joining Forces" initiative that she and First Lady Michelle Obama have championed, Biden noted that 28 states have passed laws to facilitate license portability for teachers, nurses, social workers and other professionals licensed in one state but who have to move to another when their military spouse gets a new assignment.

Military spouses move 10 times more often than their civilian counterparts, Biden said, and 35 percent of those spouses have jobs that require professional licenses.

Only 11 states had pro-spouse legislation when she and the first lady spoke to the governors last year and asked for their help, Biden noted. "And you stepped up," she added, "because you appreciate how much our military families do for our country every day."

In addition to the 28 states that have passed laws for military spouse license portability, Biden said, 13 more have introduced legislation.

Governors of states with a small active-duty military population might think that the issue doesn't affect them, Biden said, but she pointed out that every state has National Guard or Reserve units.

"And with so many families -- military families transitioning out of the military now and in the next few years -- they'll be focused on finding good jobs, good schools and good communities, whether there is a military base nearby or not, she added.

For the sake of military families, Biden told the governors, it's important that all 50 states enact license portability laws. But that's just the first step, she said.

"We hope all of you will reach out to your bases and your National Guard and Reserve communities [and] talk with the military spouses -- I'm sure many of you already do this already -- and make sure that these laws are working for our military families," she said.

SOUTHERN PARTNERSHIP STATON 2013 KICKS-OFF

130215-N-MK583-011
MAYPORT, Fla. (Feb. 15, 2013) The Military Sealift Command high-speed vessel Swift (HSV 2) departs from Naval Station Mayport to begin Southern Partnership Station 2013. Swift is the first ship of this class to be used by U.S. Navy and was involved in the 2003 invasion of Iraq as a forward staging platform for Marine Fleet Anti-Terrorism and United States Navy SEAL teams in the shallow waters of Umm Qasr, Iraq. (U.S. Navy photo by Mass Communication Specialist 2nd Class Salt Cebe/Released)

FROM: U.S. NAVY
High Speed Vessel Swift Kicks off Southern Partnership Station in Belize

By Air Force Master Sgt. Chris Stagner, and Air Force Staff Sgt. Ashley Hyatt Southern Partnership Station Public Affairs

BIG CREEK, Belize (NNS) -- Sailors disembarked High Speed Vessel Swift 2 here, Feb. 18, to begin Southern Partnership Station 2013, a U.S. 4th Fleet deployment designed to strengthen civil and maritime capabilities with regional partner nations in the Caribbean.

The team was comprised primarily of Seabees from Riverine Squadron (RIVRON) 2 and Construction Battalion Maintenance Unit (CBMU) 202.

Each team will spend time working with host-nation partners to stregthen relationships and joint interoperability.

CBMU 202 Seabees will build a multipurpose open bay structure, known as a seahut, and provide the materials for up to two additional buildings. RIVRON 2 Seabees will share their expertise with the Belize Defense Force and help them improve their skills in areas such as interdiction and inserts and extracts of security teams on the water.

The two units have separate missions but share a common purpose; to maintain a strong relationship with the Belize Defense Force and share ideas, experience and technology.

"We'll be working with the Belize Defense Force Special Boat Unit," said Riverine Squadron 2 Detachment 2 officer in charge, Navy Lt. Joe Turner. "We will train with them and share ideas and best practices. This enables us to work together better as a unit to fight criminal activities on the waterways and in the rivers."

The mission for the Seabees deployed to Big Creek differs only in the areas of execution.

"We're doing a military-to-military cooperation with our counterparts in the Belize Defense Force," said CBMU 202 officer in charge, Chief Builder Nicholas Whitbeck. "We'll observe, exchange ideas and learn from them and vice versa. We'll also work hand-in-hand with them to improve military infrastructure."

"We are here not only to build a seahut with the Belize Defense Force, but also pass on our knowledge so they can accurately and efficiently build more in the future," said Builder 2nd Class Nathaniel Devincentis, CBMU 202.

The Southern Partnership Station 2013 mission is an important one for the U.S. and partner nation militaries.

"This is an opportunity for us and our partner nations to come together, join efforts and enhance regional maritime security," Cmdr. Bob Poling, Southern Partnership Station mission commander said. "The Caribbean nations and the U.S. share common interests and multinational maritime partnership missions."

"By participating in these regional civil and maritime exchanges, we foster friendly, mutual cooperation and understanding. Working together alongside our partner nations, sharing ideas and professional expertise, we will improve interoperability and enhance the regional maritime security," he said.

"Our end goal is to give the Belize Defense Force what they need to succeed. If they learn it and implement it, then it's a good day for us," said Chief Boatswain's Mate Jason Hatfield, RIVRON 2.

Swift and multinational crew is scheduled to remain in Belize working with the Belize Defense Force until early March.

President Obama Speaks to National Governors Association | The White House

President Obama Speaks to National Governors Association | The White House

La ESA selecciona los instrumentos para su misión a las lunas de hielo de Júpiter

La ESA selecciona los instrumentos para su misión a las lunas de hielo de Júpiter

NEWS FROM AFGHANISTAN FOR FEBRUARY 25, 2013

Photo Credit:  U.S. Navy.

FROM: U.S. DEPARTMENT OF DEFENSE, ISAF NEWS
Combined Force Arrests Taliban Leader in Nangarhar Province
From an International Security Assistance Force Joint Command News Release

KABUL, Afghanistan, Feb. 25, 2013 - A combined coalition and Afghan security force arrested a senior Taliban leader in the Khugyani district of Afghanistan's Nangarhar province yesterday, military officials reported.

The Taliban leader is believed to be responsible for coordinating and directing insurgents and of having maintained direct operational control of suicide bombers prepared to carry out attacks against Afghan and coalition forces, officials said. The security force also arrested three other suspected insurgents.

In other Afghanistan operations yesterday:

-- In Kandahar province's Arghandab district, a combined force arrested a Taliban facilitator believed to be responsible for the acquisition and distribution of lethal aid for attacks against Afghan and coalition forces and to be heavily involved in the finances of an insurgent network in the district. The security force also arrested another suspected insurgent.

-- A combined force in Logar province's Pul-e Alam district arrested three insurgents during a search for a Taliban leader believed to be responsible for attacks against Afghan and coalition forces. He also has been linked to kidnapping Afghans for ransom and establishing illegal checkpoints, officials said.

-- In Ghazni province's Andar district, a combined force arrested a Taliban leader believed to be responsible for procuring and distributing automatic weapons and roadside bombs to insurgents and to have personally planned and executed attacks. The security force also arrested another suspected insurgent.

 

Un sorprendente descubrimiento en la gemela más cercana de nuestro Sol

Un sorprendente descubrimiento en la gemela más cercana de nuestro Sol

EXECUTIVES SETTLE COMPENSATION FRAUD CASE WITH SEC

Credit:  U.S. Marshals Service

FROM: U.S. SECURITIES AND EXCHANGE COMMISSION 

Executives to be Permanently Enjoined, to Pay Civil Penalties and Disgorgement, and to Reimburse Company Pursuant to Section 304 of Sarbanes-Oxley; Former CEO/Chairman also to be Barred for Five Years from Serving as an Officer and Director of any Public Company

The Securities and Exchange Commission today settled civil fraud charges against Amnon Landan, the former Chairman and Chief Executive Officer of Mercury Interactive, LLC (Mercury), and Douglas Smith, a former Chief Financial Officer of Mercury, arising from an alleged scheme to backdate stock option grants and from other alleged misconduct.

On May 31, 2007, the Commission charged Landan, Smith, and two other former senior Mercury officers with perpetrating a fraudulent and deceptive scheme from 1997 to 2005 to award themselves and other Mercury employees undisclosed, secret compensation by backdating stock option grants and failing to record hundreds of millions of dollars of compensation expense. The Commission's complaint also alleges that during this period Landan and certain other executives backdated stock option exercises, made fraudulent disclosures concerning Mercury's "backlog" of sales revenues to manage its reported earnings, and structured fraudulent loans for option exercises by overseas employees to avoid recording expenses.

Without admitting or denying the allegations in the Commission's complaint, Landan consented to the entry of a final judgment permanently enjoining him from violating and/or aiding and abetting violations of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, as well as the financial reporting, record-keeping, internal controls, false statements to auditors, and proxy provisions of the federal securities laws. Landan also agreed to be barred from serving as an officer or director of any public company for five years. Landan will pay $1,252,822 in disgorgement and prejudgment interest, representing the "in-the-money" benefit from his exercise of backdated option grants, and a $1,000,000 civil penalty. Pursuant to Section 304 of the Sarbanes-Oxley Act, Landan will also reimburse Mercury, or the parent company that acquired it after the alleged misconduct (Hewlett-Packard Company), $5,064,678 for cash bonuses and profits from the sale of Mercury stock that he received in 2003. Under the terms of the settlement, Landan's Section 304 reimbursement would be deemed partially satisfied by his prior return to Mercury of $2,817,500 in vested options.

Without admitting or denying the allegations in the Commission's complaint, Smith consented to the entry of a final judgment permanently enjoining him from violating Section 17(a)(2) and (a)(3) of the Securities Act of 1933. He will disgorge $451,200, representing the "in-the-money" benefit from his exercise of backdated option grants, and pay a $100,000 civil penalty. Pursuant to Section 304 of the Sarbanes-Oxley Act, Smith will also reimburse Mercury or its parent company $2,814,687 for cash bonuses and profits from the sale of Mercury stock that he received in 2003. Under the terms of the settlement, all of Smith's disgorgement and all but $250,000 of his Section 304 reimbursement would be deemed satisfied by his prior repayment to Mercury of $451,200 and his foregoing of his right to exercise vested options with a value of $2,113,487.

The settlements are subject to the approval of the United States District Court for the Northern District of California.

The Commission previously filed settled charges in this matter against Mercury and three former outside directors of Mercury. On May 31, 2007, the Commission filed civil fraud charges against Mercury based on the stock option backdating scheme and other fraudulent conduct noted above. Mercury, which was acquired by Hewlett-Packard Company on Nov. 8, 2006, after the alleged misconduct, settled the matter by agreeing to pay a $28 million penalty and to be permanently enjoined. See Litigation Release No. 20136 (May 31, 2007). On September 17, 2008, the Commission filed settled charges against three former outside directors of Mercury alleging that they recklessly approved backdated stock option grants and reviewed and signed public filings that contained materially false and misleading disclosures about the company's stock option grants and company expenses. The outside directors settled the matter by consenting to permanent injunctions and the payment by each director of a $100,000 penalty. See Litigation Release No. 20724 (Sept. 17, 2008). Mercury and the outside directors settled the charges without admitting or denying the allegations in the Commission's complaint. The Commission also previously settled with one of the four senior officers its contested action. On March 20, 2009, the Commission settled with former Mercury CFO Sharlene Abrams by which she agreed to entry of a permanent injunction against the antifraud and certain other securities law provisions, to pay $2,287,914 in disgorgement which was deemed partially satisfied by payment to Mercury, to pay a $425,000 civil penalty, to be permanently barred from serving as an officer and director of any public company, and to a Commission order barring her from appearing or practicing before the Commission as an accountant. See Litigation Release No. 20964 (March 20, 2009). Abrams settled without admitting or denying the allegations in the Commission's complaint.

The Commission's litigation against one remaining Mercury officer, former general counsel Susan Skaer, is continuing.

CALIFORNIA COMPANIES CALLED ON TO GAIN EDGE IN GLOBAL ECONOMY WITH EXPORTS

Photo:  Containerships In Suez Canel.  Credit:  Wikimedia Commons.

FROM: U.S. EXPORT-IMPORT BANK
Ex-Im Bank Chairman, Congressman Schiff Call on California Companies to Export and Gain Competitive Edge in Global Economy
Forum focuses on how businesses can increase foreign sales, move state economy forward

Los Angeles, Calif. -- Today Export-Import Bank Chairman Fred P. Hochberg and Congressman Adam Schiff (CA-28) hosted an exporter forum for local small and medium-sized businesses in downtown Los Angeles. More than 100 representatives from local companies attended the event, which focused on how American companies can gain a competitive edge and grow their business when exporting their products overseas. Local small businesses also received one-on-one trade counseling from Export-Import Bank experts.

"I am pleased to be here today with Congressman Schiff to highlight the benefits of exporting," said Chairman Hochberg. "Exports create and sustain U.S. jobs, and Ex-Im Bank will continue to host forums across the country that encourage small and medium-sized businesses to take advantage of foreign sales opportunities. Los Angeles businesses have much to gain from such opportunities, and we are confident that today’s forum will provide them necessary tools to sell their great exports around the world."

"I was delighted to see so many business people gather to hear presentations on how to improve their exports," said Representative Schiff. "Expanding American exports is a key ingredient in improving our economy, growing jobs and competing in a global environment. I want to see America become a manufacturing and exporting powerhouse again, and I will be doing everything I can to help our local businesses grow and thrive."

During the forum, Chairman Hochberg gave an overview of Export-Import Bank's Global Access for Small-Business initiative, aimed at increasing the number of small businesses across the United States that export goods and services produced by U.S. workers. This is an integral part of the President’s National Export Initiative (NEI) to double U.S. exports by 2015.

In FY’12, Ex-Im Bank authorized more than $2.3 billion for California businesses, with more than 20% going to small businesses.

Global Access is supported by a wide variety of business, financial and government partners, including the U.S. Chamber of Commerce, the National Association of Manufacturers (NAM), and the Bank’s 60-plus city/state partners located throughout the U.S. Export-Import Bank has hosted more than 40 Global Access forums around the country.

COUNTIES IN ILL., AND KAN. TO BE MONITORED BY JUSTICE DEPARTRMENT DURING FEB. ELECTIONS

FROM: U.S. DEPARTMENT OF JUSTICE
Monday, February 25, 2013
Justice Department to Monitor Elections in Illinois and Kansas

The Justice Department announced today that the Civil Rights Division will monitor elections on Feb. 26, 2013, in Cook County, Ill., and Seward County, Kan. The monitoring will ensure compliance with the Voting Rights Act of 1965 and other federal voting rights statutes. The Voting Rights Act prohibits discrimination in the election process on the basis of race, color or membership in a minority language group. In addition, the act requires certain covered jurisdictions to provide language assistance during the election process. Cook County is required to provide language assistance to its Hispanic, Chinese and Asian Indian voters, and Seward County is required to provide language assistance to its Hispanic voters.

Justice Department personnel will monitor polling place activities in Cook and Seward Counties. Civil Rights Division attorneys will coordinate federal activities and maintain contact with local election officials.

Each year, the Justice Department deploys hundreds of federal observers from the Office of Personnel Management, as well as departmental staff, to monitor elections across the country.

HHS SAYS NEW HEALTH CARE LAW PROTECTS CONSUMERS

Credit:  U.S. Army.

FROM: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health care law protects consumers against worst insurance practices
Key health insurance protections for all Americans moves forward

The U.S. Department of Health and Human Services (HHS) today issued a final rule that implements five key consumer protections from the Affordable Care Act, and makes the health insurance market work better for individuals, families, and small businesses.

"Because of the Affordable Care Act, being denied affordable health coverage due to medical conditions will be a thing of the past for every American," said HHS Secretary Kathleen Sebelius. "Being sick will no longer keep you, your family, or your employees from being able to get affordable health coverage."

Under these reforms, all individuals and employers have the right to purchase health insurance coverage regardless of health status. In addition, insurers are prevented from charging discriminatory rates to individuals and small employers based on factors such as health status or gender, and young adults have additional affordable coverage options under catastrophic plans.

Today’s final rule implements five key provisions of the Affordable Care Act that are applicable to non-grandfathered health plans:
Guaranteed Availability
Nearly all health insurance companies offering coverage to individuals and employers will be required to sell health insurance policies to all consumers. No one can be denied health insurance because they have or had an illness.
Fair Health Insurance Premiums
Health insurance companies offering coverage to individuals and small employers will only be allowed to vary premiums based on age, tobacco use, family size, and geography. Basing premiums on other factors will be illegal. The factors that are no longer permitted in 2014 include health status, past insurance claims, gender, occupation, how long an individual has held a policy, or size of the small employer.
Guaranteed Renewability
Health insurance companies will no longer refuse to renew coverage because an individual or an employee has become sick. You may renew your coverage at your option.
Single Risk Pool
Health insurance companies will no longer be able to charge higher premiums to higher cost enrollees by moving them into separate risk pools. Insurers are required to maintain a single state-wide risk pool for the individual market and single state-wide risk pool for the small group market.
Catastrophic Plans
Young adults and people for whom coverage would otherwise be unaffordable will have access to a catastrophic plan in the individual market. Catastrophic plans generally will have lower premiums, protect against high out-of-pocket costs, and cover recommended preventive services without cost sharing.
In preparation for the market changes in 2014 and to streamline data collection for insurers and states, the final rule amends certain provisions of the rate review program. And, HHS has increased the transparency by directing insurance companies in every state to report on all rate increase requests. A new report has found that the law’s transparency provisions have already resulted in a decline in double-digit premium increases filed: from 75 percent in 2010 to, according to preliminary data, 14 percent in 2013.

In addition, today the U.S. Department of Labor announced an interim final rule in the Federal Register that provides protection to employees against retaliation by an employer for reporting alleged violations of Title I of the Act or for receiving a tax credit or cost-sharing reduction as a result of participating in a Health Insurance Exchange, or Marketplace.

VESTA: PROTOPLANET SIZED ASTEROID

FROM: NASA
Vesta Sizes Up

This composite image shows the comparative sizes of nine asteroids. Up until now, Lutetia, with a diameter of 81 miles (130 kilometers), was the largest asteroid visited by a spacecraft, which occurred during a flyby. Vesta dwarfs all other small bodies in this image.


Asteroid Vesta also is considered a protoplanet because it's a large body that almost became a planet and has a diameter of approximately 330 miles (530 kilometers). Image Credit: NASA/JPL-Caltech/JAXA/ESA

RECENT U.S. NAVY PHOTOS

 

FROM: U.S. NAVY

130221-N-ZZ999-005 SAN DIEGO (Feb. 21, 2013) The littoral combat ship USS Freedom (LCS 1) departs San Diego on its way to conduct sea trials following a month-long dry dock availability. Freedom, the lead ship of the Freedom variant of LCS, is expected to deploy to southeast Asia this spring. (U.S. Navy photo by Command Master Chief Chris Kotz/Released)

130219-N-OY799-098 U.S. 5TH FLEET AREA OF RESPONSIBILITY (Feb. 19, 2013) Sailors perform a foreign object debris walkdown on the flight deck of the aircraft carrier USS John C. Stennis (CVN 74) as the guided-missile cruiser USS Mobile Bay (CG 53) transits behind. John C. Stennis is deployed 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 Kenneth Abbate/Released)

U.S. DEPARTMENT OF LABOR ANSWERS QUESTIONS ABOUT 21ST CENTURY MANUFACTURING JOBS IN AMERICA

FROM: U.S. DEPARTMENT OF LABOR
Take Three: Expanding Manufacturing

In his State of the Union address, President Obama outlined a plan to strengthen the middle class by making the United States a magnet for jobs and manufacturing. The Employment and Training Administration is charged with ensuring American workers are prepared for jobs of the future. Jane Oates, assistant secretary of labor for employment and training, answers three questions on what American manufacturing means for the country:

What does 21st century manufacturing in America look like? Manufacturing is changing from what it was a generation ago. It's becoming more high-tech in both the tools and the processes used to manufacture new products. There are more computers and an expanded use of robotics. Manufacturing workers today need to know how to operate this equipment, which will require them to develop a whole new set of skills and knowledge.

How will we train workers with the right skills for these manufacturing jobs? Employers are looking for workers with the skills to operate the high-tech equipment used in advanced manufacturing. To help upgrade the skills of existing workers and prepare new workers in this industry, the Labor Department is investing $2 billion to expand the capacity of community colleges to train students in new and in-demand skills, like automation, robotics, and information technology. We are also encouraging community colleges to partner with local businesses and the workforce system so students can earn industry-recognized credentials. We also try to bolster manufacturing careers through our H-1B technical skills training grants.

What else can we do to bring jobs here? As President Obama said in the State of the Union, one critical step is to remove the incentives businesses have to set up shop overseas. We can end tax breaks for companies that ship jobs abroad and reward companies that hire here at home. We can help communities use local labor market data to ensure they are preparing workers for high-demand jobs, so that trained workers are ready when companies bring operations back home. At the department, we are working with our interagency partners, such as the Commerce Department and the Small Business Administration, to assist in economic development and encourage smart investments that benefit businesses and the public.

Department of Labor Photo Gallery: Acting Secretary Seth Harris at ArcelorMittal steel plant, Cleveland, Ohio (February 15, 2013)

Department of Labor Photo Gallery: Acting Secretary Seth Harris at ArcelorMittal steel plant, Cleveland, Ohio (February 15, 2013)

ESTONIA'S NATIONAL DAY

Map:  Estonia.  Credit:  CIA World Factbook.

FROM: U.S. DEPARTMENT OF STATE

Estonia's National Day
Press Statement
John Kerry
Secretary of State
Washington, DC
February 21, 2013
　

On behalf of President Obama and the people of the United States, I am delighted to congratulate the people of Estonia as you celebrate the 95th anniversary of your independence February 24.

The United States celebrates your independence and all that Estonians have contributed to the region and world. The United States is proud to have you as a committed NATO Ally and a close friend. The Estonian people, through innovative thinking and hard work, continue to demonstrate new approaches to technology that help you develop and sustain a vibrant, free-market democracy. Your leadership in cyber-security, e-governance, and technological innovation sets a global example, and has already benefited global citizens from Tunisia to Mongolia, Moldova to Libya, serving as a model for others to follow.

As you celebrate this special day, know that the United States stands with you as we work together toward a bright and prosperous future for all our citizens.

ADDITIONAL INFORMATION FROM CIA WORLD FACTBOOK

After centuries of Danish, Swedish, German, and Russian rule, Estonia attained independence in 1918. Forcibly incorporated into the USSR in 1940 - an action never recognized by the US - it regained its freedom in 1991 with the collapse of the Soviet Union. Since the last Russian troops left in 1994, Estonia has been free to promote economic and political ties with the West. It joined both NATO and the EU in the spring of 2004, formally joined the OECD in late 2010, and adopted the euro as its official currency on 1 January 2011.

DOD DOES EXPANSION OF SECUIRTY PROFESSIONALS ROLES

FROM: U.S. DEPARTMENT OF DEFENSE
DOD Expands Role of Security Professionals
By Terri Moon Cronk
American Forces Press Service

LINTHICUM HEIGHTS, Md., Feb. 22, 2013 - With ever-changing technology and increasing cyber threats that can affect the nation's security, Defense Department officials are stepping up security professionals' training to help in determining potential risks before they occur, defense officials said here.

DOD has taken the lead to standardize the security professional's knowledge to protect more than classified and sensitive information, said Denise Humphrey, deputy director for Defense Security Service's Center for Development of Security Excellence.

Security also touches people, equipment, facilities, information technology and operations in the services and defense organizations, she added.

Now, for the first time, DOD's thousands of military and civilian security professionals can earn certification in their job series to gain proficiency in an all-encompassing field through the Security Professional Education Development Program, a Defense Department initiative to professionalize the department's security workforce.

DOD officials for many years have wanted a joint security environment among the services and defense organizations, said Kevin Jones, director of the center.

"As resources decrease, it's increasingly becoming [important] for different components to work together routinely, and agencies have to support the whole apparatus of defending the nation," he said, emphasizing the need for building a professional cadre of security professionals.

But certifying security professionals doesn't just apply to those in a security job series, Humphrey noted, because security affects all DOD employees.

"We are now facing unauthorized disclosure training requirements across DOD, and around the corner is the requirement for controlled unclassified mandatory training," Humphrey said. Security professionals will be responsible for ensuring their workforces are capable of protecting such information, she added.

Humphrey said DOD's former paper-based society offered fewer security risks compared to today's rapidly changing technology.

"Years ago, when security was just a support function, there were just a few people who actually had computers on their desks, and the amount of information that could be leaked was minimal," she said.

But in today's world, she added, DOD needs a cadre of security professionals who are savvy in identifying vulnerabilities.

"Now we have to deal with a cyber environment where information flows faster than you can stop it, and we've got to have highly trained professionals capable of addressing these issues to prevent these things from happening -- rather than chasing a security issue after it's already occurred," Humphrey said.

"Fundamentals of Security Certification" is now available for security employees, and defense officials are working on three more levels of certification education and training.

And security certification has to be maintained with ongoing education, Humphrey said.

"Security professionals cannot rest on their laurels," she added. "They have to keep up with the changing state of the art of security."

EPA WORKING TO ALLOW ACCESS TO CHEMICAL INFORMATION BUSINESSES CLAIM AS CONFIDENTIAL

FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
Declassifying Confidentiality Claims to Increase Access to Chemical Information
Background
Under the Toxic Substances Control Act (TSCA), EPA collects a range of data, including health and safety studies on chemicals, some of which may be claimed asConfidential Business Information (CBI) by the submitter.

The Agency uses this information to carry out a range of activities including prioritizing chemicals for review, conducting risk assessments and taking risk management action if needed. This information is equally important to entities outside the Agency including product formulators, manufacturers, state governments, communities and others.

Access to chemical safety information allows a greater understanding of the possible implications of certain chemicals and enables users to make informed chemicals-related decisions. Through these efforts, EPA is attempting to make this information available in as timely a manner as possible.

In the past, public access to many of these studies on human health and the environment had been restricted by confidential business information claims. In 2010, the Agency initiated a program to review and where appropriate challenge confidentiality claims for chemical identity. The criteria for review were that the filing needed to contain health and safety data that had been submitted to the Agency under TSCA and relate to chemicals in commerce. The FY 2011-2015 EPA Strategic Plan included a measure to review, and challenge where appropriate, more than 22,000 existing TSCA cases with CBI claims for chemical identity, potentially containing health and safety studies.

EPA continues to encourage TSCA submitters to declassify unnecessary CBI claims made in submissions under TSCA section 8(e) through the TSCA CBI Voluntary Challenge. Additionally, EPA is reviewing certain older submissions made under TSCA sections 4 and 8(d) to verify that these cases contain CBI claims for chemical identity and health and safety studies. Finally, EPA is reviewing the non-CBI data recently collected under the Chemical Data Reporting Rule to determine if there are related cases with health and safety data and the chemical identity claimed as CBI that can be declassified.

The effort supports both legitimate CBI claims and protecting the public’s right to know about potential risks posed by widely-used chemicals. In addition to reviewing existing cases, all new cases containing health and safety data submitted under TSCA that claim the chemical identify as CBI and are chemicals in commerce are being reviewed upon receipt to determine if the claim is appropriate.

FORMER GOVERNMENT EMPLOYEE ADMITS TO TAKING BRIBES FROM CONTRACTORS

FROM: U.S. DEPARTMENT OF JUSTICE

Thursday, February 14, 2013
Georgia Woman Admits to Taking Bribes for the Award of Government Contracts

A former employee at the Marine Corps Logistics Base Albany pleaded guilty today to receiving bribes related to the award of contracts for machine products, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Michael J. Moore for the Middle District of Georgia.

Michelle Rodriguez, 32, of Albany, Ga., pleaded guilty before U.S. District Judge W. Louis Sands in the Middle District of Georgia to one count of bribery of a public official.

During her guilty plea, Rodriguez, who worked as a supply technician in the Maintenance Center Albany (MCA), admitted to participating in a scheme to award contracts for machine products to companies operated by Thomas J. Cole and Frederick Simon, both of whom pleaded guilty to bribery charges in January 2013.

According to court documents, the MCA is responsible for rebuilding and repairing ground combat and combat support equipment, much of which has been used in military missions in Afghanistan, Iraq and other parts of the world. To accomplish the scheme, Rodriguez would transmit bid solicitations to Simon by fax or email, usually following up with a text message specifying how much the company seeking the contract should bid. Simon, with Cole’s knowledge, would then bid the amount specified by Rodriguez on each order, which was normally higher than fair market value. Rodriguez was paid $75.00 cash per order. Rodriguez admitted during today’s hearing that she awarded Cole and Simon’s companies nearly 1,300 machine product orders, all in exchange for bribes.

Rodriguez also admitted that in 2011, she began routing some orders through a second company, owned by Cole, because the volume of orders MCA placed with the first company was so high. Rodriguez admitted receiving approximately $161,000 in bribes during the nearly two-year scheme. Cole and Simon previously admitted to personally receiving approximately $209,000 and $74,500 in proceeds from the scheme, respectively. Rodriguez, Cole and Simon all conceded that the total loss to the Department of Defense from overcharges associated with the machine product orders placed during the scheme was approximately $907,000.

At sentencing, Rodriguez faces a maximum potential penalty of 15 years in prison and a fine of twice the gross gain or loss from the offense. As part of her plea agreement with the United States, Rodriguez agreed to forfeit the bribe proceeds she received from the scheme, as well as to pay full restitution to the Department of Defense. The plea agreement also required her to resign her position at the MCA. Sentencing is scheduled for April 25, 2013.

MAN SENTENCED FOR SELLING MILLIONS IN FRAUDULENT RENEWABLE FUEL CREDITS

Fried Cheese Curds.  Credit:  Wikimedia Commons.

FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
Rodney Hailey Sentenced to More Than 12 Years in Prison for Selling $9 Million in Fraudulent Renewable Fuel Credits

Owner of "Clean Green Fuel" falsely claimed his company produced 23 million gallons of renewable fuel

WASHINGTON - U.S. District Judge William D. Quarles, Jr. sentenced Rodney R. Hailey, of Perry Hall, Md., today to nearly 12 years and six months in prison, followed by three years of supervised release, for selling $9 million in renewable fuel credits which he falsely claimed were produced by his company, Clean Green Fuel, LLC.

"When invalid renewable fuel credits are ‘produced’ and sold, it undermines the integrity of an important program designed by Congress to reduce the nation’s dependence on foreign oil and to grow the nation’s renewable energy industry," said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. "Today’s sentence shows that there are serious consequences, including jail time, for defrauding the renewable fuels program for personal gain."

"Any government program that is based on trust is vulnerable to a fraudster like Rodney Hailey," said U.S. Attorney Rod J. Rosenstein. "The only thing Rodney Hailey’s ‘Clean Green Fuel’ business produced was the dirty money he used to fund his lavish lifestyle."

Judge Quarles enhanced Hailey’s sentence upon finding that he obstructed justice by concealing, selling and spending assets that were protected by court order. Judge Quarles also ordered Hailey to pay restitution of approximately $ 42.2 million to over 20 companies and forfeit $9.1 million in proceeds from the fraud, including cars, jewelry, his home and bank accounts, already seized by the government.

Hailey, age 34, was convicted on Jun. 25, 2012, of eight counts of wire fraud, 32 counts of money laundering, and two counts of violating the Clean Air Act. He has been detained since the guilty verdict.

According to evidence presented at the six day trial, Hailey owned Clean Green Fuel, LLC, located in the Baltimore, Md. area. Hailey registered Clean Green Fuel with EPA under the Renewable Fuel Standard (RFS) program as a producer of bio-diesel fuel, a motor vehicle fuel derived from renewable resources. To encourage the production of renewable fuel and lessen the nation’s dependence on foreign oil, all oil companies that market petroleum in the U.S. are required to produce a given quantity of renewable fuel or to purchase credits, called renewable identification numbers (RINs) from producers of renewable fuels to satisfy their renewable fuel requirements.

Between March 2009 and December 2010, Hailey engaged in a massive fraud scheme, selling over 35 million RINs (representing 23 million gallons of bio-diesel fuel) to brokers and oil companies, when in fact Clean Green Fuel had produced no fuel at all and Hailey did not have a facility capable of producing bio-diesel fuel.

Federal law enforcement agents investigated the scheme after a Baltimore County police detective working with Maryland’s federal financial crimes task force received a report about the large number of luxury cars parked in front of Hailey’s house. The financial crimes task force contacted EPA’s Criminal Investigation Division and initiated a criminal investigation.

Two civil inspectors from EPA’s Air Enforcement Division visited Clean Green’s headquarters on Jul. 22, 2010, to inspect Hailey’s bio-diesel production facility, in response to a complaint alleging that Clean Green had been selling false RINs. Hailey was not able to provide an exact location for the bio-diesel fuel production facility, nor any records to support claims that Clean Green Fuel had produced bio-diesel fuel. When asked to explain his method of production, Hailey falsely stated that he paid employees and contractors to recover waste vegetable oil from 2,700 restaurants in the "Delmarva" area, a peninsula that includes parts of Delaware, Virginia and Maryland, and bring it to his production facility where he converted it to bio-diesel fuel. Hailey claimed that only the drivers who picked up the oil knew the names of the restaurants, and Hailey could not provide the names of the drivers.

Hailey made more than $9.1 million from selling the false RINs. Hailey used the proceeds of the scheme to purchase luxury vehicles, including BMWs, Mercedes Benz, a Rolls Royce Phantom, a Lamborghini, Ferrari, Maserati and others, as well as real estate and more than $80,000 in diamond jewelry. In all of these transactions, Hailey generally used cash or checks drawn on accounts he controlled to make the purchase, including a check for $645,330.15 to buy his home in Perry Hall, Md.

The loss to the traders and major energy companies who purchased Hailey’s false RINs is more than $40 million, but the loss also extends to small bio-diesel companies, many of which, as a result of Hailey’s scheme, were unable to sell their RINs and have been forced out of business.

EPA recently proposed a voluntary quality assurance program to verify that RINs generated under the RFS program have been validly generated. EPA expects that this will promote greater liquidity in the transfer and use of RINs, helping to make the RFS program more efficient and effective.

SALMONELLA-TAINTED PEANUTS ALLEGEDLY DISTRIBUTED IN U.S.

Peanuts.  Credit:   Wikimedia Commons.

FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, February 21, 2013
Former Officials and Broker of Peanut Corporation of America Indicted Related to Salmonella-Tainted Peanut Products

Allegations Include Mail and Wire Fraud, Introduction of Adulterated and Misbranded Food into Interstate Commerce with Intent to Defraud or Mislead, and Conspiracy

A 76-count indictment was unsealed yesterday charging four former officials of the Peanut Corporation of America (PCA) and a related company with numerous charges relating to salmonella-tainted peanuts and peanut products, the Justice Department announced today. Stewart Parnell, 58, of Lynchburg, Va.; Michael Parnell, 54, of Midlothian, Va.; and Samuel Lightsey, 48, of Blakely, Ga., have been charged with mail and wire fraud, the introduction of adulterated and misbranded food into interstate commerce with the intent to defraud or mislead, and conspiracy. Stewart Parnell, Lightsey and Mary Wilkerson, 39, of Edison, Ga., were also charged with obstruction of justice.

Also yesterday, an information filed against Daniel Kilgore, 44, of Blakely was unsealed. On the same day that charges against Kilgore were filed, he pleaded guilty to that information, which charged him with mail and wire fraud, the introduction of adulterated and misbranded food into interstate commerce with the intent to defraud or mislead, and conspiracy.

The investigation into the activity at PCA began in 2009, after the Food and Drug Administration and the U.S. Centers for Disease Control and Prevention traced a national outbreak of salmonella to a PCA plant in Blakely as the likely source. As alleged in the indictment, the Blakely plant was a peanut roasting facility where PCA roasted raw peanuts and produced granulated peanuts, peanut butter, and peanut paste; PCA sold these peanut products to its customers around the country.

The charging documents charge that Stewart Parnell, Michael Parnell, Lightsey and Kilgore participated in a scheme to manufacture and ship salmonella-contaminated peanuts and peanut products, and in so doing misled PCA customers. As alleged in the indictment, those customers ranged in size from small, family-owned businesses to global, multibillion-dollar food companies.

"When those responsible for producing or supplying our food lie and cut corners, as alleged in the indictment, they put all of us at risk," said Stuart F. Delery, who heads the Justice Department’s Civil Division. "The Department of Justice will not hesitate to pursue any person whose criminal conduct risks the safety of Americans who have done nothing more than eat a peanut butter and jelly sandwich."

Although PCA is now no longer in business, the allegations against each of the defendants arise from his or her conduct while at PCA and a related company. The following allegations are set forth in the indictment: Stewart Parnell was an owner and president of PCA; Michael Parnell, who worked at P.P. Sales, was a food broker who worked on behalf of PCA; Lightsey was the operations manager at the Blakely plant from on or about July 2008 through February 2009; and Wilkerson held various positions at the Blakely plant – receptionist, office manager and quality assurance manager – from on or about April 2002 through February 2009. As charged in the information, Kilgore served as operations manager of the PCA plant in Blakely from on or about June 2002 through May 2008.

"We all place a great deal of trust in the companies and individuals who prepare and package our food, often times taking it for granted that the public’s health and safety interests will outweigh individual and corporate greed," said Michael Moore, U.S. Attorney for the Middle District of Georgia. "Unfortunately and as alleged in the indictment, these defendants cared less about the quality of the food they were providing to the American people and more about the quantity of money they were gathering while disregarding food safety. This investigation was complex and extensive, and I credit the cooperation of our federal agencies with not only making sure that the cause of this outbreak was uncovered and the people responsible called to account, but also with working hard every day to make sure that parents across the country can feel confident that the food they are feeding their children is safe."

The charging documents allege that Stewart Parnell, Michael Parnell, Lightsey and Kilgore participated in several schemes by which they defrauded PCA customers about the quality and purity of their peanut products and specifically misled PCA customers about the existence of foodborne pathogens, most notably salmonella, in the peanut products PCA sold to them. As the charging documents allege, the members of the conspiracy did so in several ways – for example, even when laboratory testing revealed the presence of salmonella in peanut products from the Blakely plant, Stewart Parnell, Michael Parnell, Lightsey and Kilgore failed to notify customers of the presence of salmonella in the products shipped to them.

In addition, the charging documents allege that Stewart Parnell, Michael Parnell, Lightsey and Kilgore participated in a scheme to fabricate certificates of analysis (COAs) accompanying various shipments of peanut products. COAs are documents that summarize laboratory results, including results concerning the presence or absence of pathogens. As alleged in the charging documents, on several occasions these four defendants participated in a scheme to fabricate COAs stating that shipments of peanut products were free of pathogens when, in fact, there had been no tests on the products at all or when the laboratory results showed that a sample tested positive for salmonella.

After the salmonella outbreak that gave rise to this investigation, FDA inspectors visited the plant several times in January 2009. According to the indictment, the inspectors asked specific questions about the plant, its operations, and its history, and, in several instances, Stewart Parnell, Lightsey and Wilkerson gave untrue or misleading answers to these questions.

"The charges announced today show that if an individual violates food safety rules or conceals relevant information, we will seek to hold them accountable," said FDA Commissioner Margaret A. Hamburg, M.D. "The health of our families and the safety of our food system is too important to be thwarted by the criminal acts of any individual or company."

Stewart Parnell, Michael Parnell, and Samuel Lightsey are each charged with two counts of conspiracy; multiple counts of introducing adulterated food into interstate commerce with the intent to defraud; multiple counts of introducing misbranded food into interstate commerce with the intent to defraud; multiple counts of interstate shipment fraud; and multiple counts of wire fraud. Stewart Parnell, Lightsey and Wilkerson are also charged with multiple counts of obstruction of justice.

Kilgore pleaded guilty to one count of conspiracy to commit fraud, one count of conspiracy to introduce adulterated and misbranded food into interstate commerce, eight counts of introducing adulterated food into interstate commerce with the intent to defraud, six counts of introducing misbranded food into interstate commerce with the intent to defraud, eight counts of interstate shipment fraud, and five counts of wire fraud.

Mark F. Giuliano, Special Agent in Charge, FBI Atlanta Field Office, stated, "The FBI was brought in to this matter to provide additional resources and expertise to a complex and very serious investigation. We fully understand the victim impact as a result of this salmonella outbreak and will be asking to hear from other possible victims in this matter."
The case is being prosecuted by Trial Attorneys Patrick Hearn and Mary M. Englehart of the Consumer Protection Branch of the Civil Division of the Department of Justice and Assistant U.S. Attorney Alan Dasher of the Middle District of Georgia. Marietta Geckos, formerly a Trial Attorney with the Consumer Protection Branch, also worked on the prosecution. The case was investigated by the Food and Drug Administration’s Office of Criminal Investigations and the FBI.

An indictment is merely an allegation, and every defendant is presumed innocent until proven guilty beyond a reasonable doubt.

THE COLORS OF MERCURY

FROM:  NASA
This colorful view of Mercury was produced by using images from the color base map imaging campaign during MESSENGER's primary mission. These colors are not what Mercury would look like to the human eye, but rather the colors enhance the chemical, mineralogical, and physical differences between the rocks that make up Mercury's surface.

Mercury,Image Credit-NASA-Johns Hopkins University Applied Physics Laboratory-Carnegie Institution of Washington