FROM: U.S. DEPARTMENT OF JUSTICE
Investigation Has Yielded 30 Plea Agreements to Date
WASHINGTON — A Northern California real estate investor has agreed to plead guilty for his role in conspiracies to rig bids and commit mail fraud at public real estate foreclosure auctions in Northern California, the Department of Justice announced.
Felony charges were filed today in the U.S. District Court for the Northern District of California in San Francisco against Mohammed Rezaian, of Novato, Calif. Rezaian is the 30th individual to plead guilty or agree to plead guilty as a result of the department's ongoing antitrust investigations into bid rigging and fraud at public real estate foreclosure auctions in Northern California.
According to court documents, Rezaian conspired with others not to bid against one another, but instead to designate a winning bidder to obtain selected properties at public real estate foreclosure auctions in San Francisco and San Mateo counties, Calif. Rezaian was also charged with conspiring to use the mail to carry out schemes to fraudulently acquire title to selected properties sold at public auctions, to make and receive payoffs, and to divert to co-conspirators money that would have otherwise gone to mortgage holders and others. According to court documents, a forfeiture allegation was also included in the charges against Rezaian.
The department said Rezaian conspired with others to rig bids and commit mail fraud at public real estate foreclosure auctions in San Francisco and San Mateo counties beginning as early as July 2008 and continuing until about January 2011.
"As a result of this investigation, the Antitrust Division has thus far filed charges against 30 real estate investors in Northern California for their illegal activity at foreclosure auctions," said Bill Baer, Assistant Attorney General in charge of the Department of Justice's Antitrust Division. "The division will vigorously pursue the perpetrators of these fraudulent and anticompetitive schemes."
The department said that the primary purpose of the conspiracies was to suppress and restrain competition and to conceal payoffs in order to obtain selected real estate offered at San Francisco and San Mateo County public foreclosure auctions at non-competitive prices. When real estate properties are sold at these auctions, the proceeds are used to pay off the mortgage and other debt attached to the property, with remaining proceeds, if any, paid to the homeowner.
"Not only is bid rigging at public foreclosure auctions illegal, it also severely undermines the integrity of a fair and competitive marketplace," said David J. Johnson, FBI Special Agent in Charge of the San Francisco Field Office. "The FBI will continue to investigate and pursue those who commit fraudulent anticompetitive practices at foreclosure auctions and work with those who have fallen victim to such selfish crimes."
A violation of the Sherman Act carries a maximum penalty of 10 years in prison and a $1 million fine for individuals. The maximum fine for the Sherman Act charges may be increased to twice the gain derived from the crime or twice the loss suffered by the victims if either amount is greater than $1 million. A count of conspiracy to commit mail fraud carries a maximum sentence of 30 years in prison and a $1 million fine. The government can also seek to forfeit the proceeds earned from participating in the conspiracy to commit mail fraud.
The charges today are the latest filed by the department in its ongoing investigation into bid rigging and fraud at public real estate foreclosure auctions in San Francisco, San Mateo, Contra Costa and Alameda counties, Calif. These investigations are being conducted by the Antitrust Division's San Francisco office and the FBI's San Francisco office. .
Today's charges were brought in connection with the President's Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys' offices and state and local partners, it's the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants.
Friday, April 19, 2013
USS NIMITZ TRANSITS PACIFIC AND THE 7 SUBMARINES OF APRA HARBOR
FROM: U.S. NAVY
The aircraft carrier USS Nimitz (CVN 68) transits the Pacific Ocean behind the Military SEaliftCommand fleet replenishment oiler USNS Henry J. Kaiser (T-AO 187) as it conducts a replenishment-at-sea with the guided-missile cruiser USS Princeton (CG 59). Nimitz is underway for a sustainment training exercise in preparation for an upcoming deployment. U.S. Navy photo by Mass Communication Specialist 3rd Class Raul Moreno Jr. (Released) 130412-N-LP801-006
With the mooring of the Los Angeles-class submarine USS Bremerton (SSN 698) on April 16, Apra Harbor now has seven submarines in port. This is the highest number of submarines in the harbor since the re-establishment of Commander, Submarine Squadron (SUBRON) 15 in 2001. The submarines are conducting maintenance prior to continuing their deployments. U.S. Navy photo by Mass Communication Specialist 1st Class Jeffrey Jay Price (Released) 130417-N-LS794-001
SEC CHARGES CEO OF INVESTMENT ADVISORY FIRM WITH LYING TO CalPERS AND OTHER CLIENTS
FROM: U.S. SECURITIES AND EXCHANGE COMMISSION
Washington, D.C., April 18, 2013 — The Securities and Exchange Commission charged the CEO of Chicago-based investment advisory firm Simran Capital Management with lying to the California Public Employers' Retirement System (CalPERS) and other current and potential clients about the amount of money managed by the firm.
Institutional investors such as CalPERS often use assets under management (AUM) as a metric to screen prospective investment advisers soliciting their business. An SEC investigation revealed that while pitching Simran's services, Mesh Tandon falsely certified to CalPERS that his firm satisfied its minimum AUM requirements. After fraudulently obtaining the business from CalPERS, Tandon also falsely inflated Simran's AUM in communications with other potential clients with whom he touted his firm's relationship with CalPERS. Tandon also fraudulently reported an inflated AUM in filings with the SEC, and he later attempted to mislead SEC examiners during a routine examination of Simran.
Tandon, who previously lived in Chicago and now resides in Texas, has agreed to settle the SEC's fraud charges.
"Tandon deliberately undermined the CalPERS screening process by grossly misrepresenting his firm's purported assets under management," said Merri Jo Gillette, Director of the SEC's Chicago Regional Office. "To make matters worse, he then used his association with CalPERS to lure other public institutional investors under false pretenses."
According to the SEC's order instituting settled administrative proceedings against Tandon, he represented to CalPERS in May 2008 that Simran met explicit AUM requirements and managed at least $200 million as of Dec. 31, 2007. In fact, Simran managed approximately $80 million at that time. Evidence indicates that Tandon was aware that Simran did not meet the CalPERS requirements for AUM.
According to the SEC's order, Tandon touted Simran's relationship with CalPERS to other prospective clients from 2008 to 2011, and he instructed other Simran employees to do the same. On more than a dozen occasions, Tandon and Simran employees falsely inflated the firm's AUM in communications with employee retirement systems and other prospective clients. Tandon and Simran also overstated the AUM in at least four of the firm's Form ADVs filed with the SEC. In February 2012, Simran withdrew its SEC registration as an investment adviser and has since ceased operations.
According to the SEC's order, Tandon violated Sections 206(1), 206(2), and 207 of the Investment Advisers Act of 1940. Tandon neither admitted nor denied the findings, and agreed to be barred from the securities industry and pay disgorgement of $20,018, prejudgment interest of $1,680, and a penalty of $100,000.
The SEC's investigation was conducted by Peter K.M. Chan along with Jonathan I. Katz and Andrew O'Brien in the Chicago Regional Office. They were assisted by members of the Chicago Regional Office's examination staff including Susan M. Weis, Jeson G. Patel, and Max J. Gillman.
Washington, D.C., April 18, 2013 — The Securities and Exchange Commission charged the CEO of Chicago-based investment advisory firm Simran Capital Management with lying to the California Public Employers' Retirement System (CalPERS) and other current and potential clients about the amount of money managed by the firm.
Institutional investors such as CalPERS often use assets under management (AUM) as a metric to screen prospective investment advisers soliciting their business. An SEC investigation revealed that while pitching Simran's services, Mesh Tandon falsely certified to CalPERS that his firm satisfied its minimum AUM requirements. After fraudulently obtaining the business from CalPERS, Tandon also falsely inflated Simran's AUM in communications with other potential clients with whom he touted his firm's relationship with CalPERS. Tandon also fraudulently reported an inflated AUM in filings with the SEC, and he later attempted to mislead SEC examiners during a routine examination of Simran.
Tandon, who previously lived in Chicago and now resides in Texas, has agreed to settle the SEC's fraud charges.
"Tandon deliberately undermined the CalPERS screening process by grossly misrepresenting his firm's purported assets under management," said Merri Jo Gillette, Director of the SEC's Chicago Regional Office. "To make matters worse, he then used his association with CalPERS to lure other public institutional investors under false pretenses."
According to the SEC's order instituting settled administrative proceedings against Tandon, he represented to CalPERS in May 2008 that Simran met explicit AUM requirements and managed at least $200 million as of Dec. 31, 2007. In fact, Simran managed approximately $80 million at that time. Evidence indicates that Tandon was aware that Simran did not meet the CalPERS requirements for AUM.
According to the SEC's order, Tandon touted Simran's relationship with CalPERS to other prospective clients from 2008 to 2011, and he instructed other Simran employees to do the same. On more than a dozen occasions, Tandon and Simran employees falsely inflated the firm's AUM in communications with employee retirement systems and other prospective clients. Tandon and Simran also overstated the AUM in at least four of the firm's Form ADVs filed with the SEC. In February 2012, Simran withdrew its SEC registration as an investment adviser and has since ceased operations.
According to the SEC's order, Tandon violated Sections 206(1), 206(2), and 207 of the Investment Advisers Act of 1940. Tandon neither admitted nor denied the findings, and agreed to be barred from the securities industry and pay disgorgement of $20,018, prejudgment interest of $1,680, and a penalty of $100,000.
The SEC's investigation was conducted by Peter K.M. Chan along with Jonathan I. Katz and Andrew O'Brien in the Chicago Regional Office. They were assisted by members of the Chicago Regional Office's examination staff including Susan M. Weis, Jeson G. Patel, and Max J. Gillman.
INTEL OFFICIAL SAYS SEQUESTRATION CAUSED INTELLIGENCE DEGRADATION WILL BE "INSIDIOUS"
FROM: U.S. DEPARTMENT OF DEFENSE
Cuts Make Intelligence Failures Likely, Top Intel Official Says
By Claudette Roulo
American Forces Press Service
WASHINGTON, April 18, 2013 - Speaking to a Senate panel about the effects of sequestration on the national security environment, the director of national intelligence said today that he's "seen this movie before."
During a Senate Armed Services Committee hearing on current and future worldwide threats, James R. Clapper said he served through the last round of budget cuts 20 years ago.
"And we were then enjoined to reap the peace dividend occasioned by the end of the Cold War," he said. "We reduced the intelligence community by about 23 percent. During the mid and late '90s, we closed many CIA stations, reduced [human intelligence] collectors, cut analysts, allowed our overhead architecture to atrophy, neglected basic infrastructure needs such as power, space and cooling, and let our facilities decay. And most damagingly, we badly distorted the workforce."
The intelligence community has spent the last decade rebuilding, Clapper said, but, with sequestration, another damaging downward spiral looms.
"Sequestration forces the intelligence community to reduce all intelligence activities and functions without regard to impact on our mission," the nation's senior intelligence officersaid, adding that the cuts jeopardize the nation's safety and security, and that the jeopardy will increase over time.
"Unlike more directly observable sequestration impacts like shorter hours at the parks or longer security lines at airports," he said, "the degradation to intelligence will be insidious. It will be gradual and almost invisible until, of course, we have an intelligence failure."
In his 50 years of intelligence experience, Clapper told the senators, the country has never "confronted a more diverse array of threats, crises and challenges around the world."
This makes the mandatory budget cuts imposed by sequestration "incongruous," he added.
The world is changing, Clapper said, and the threat environment along with it. "Threats are more interconnected and viral," he said. "Events which, at first blush, seem local and irrelevant can quickly set off transnational disruptions that affect U.S. national interests."
Threats in the cyber realm can come from both state and nonstate actors, he said, and their danger to global security "cannot be overstated."
Climate, disease and competition for natural resources have huge national security implications, Clapper said
"Many countries important to U.S. interests are living with extreme water and food stress that can destabilize governments, force human migrations and trigger conflicts," he said.
And while al-Qaida and the potential for a massive coordinated attack on the United States may be diminished, he said, the jihadist movement is now more diffuse and still determined to attack.
The rise of new governments and ongoing unrest in the Arab world creates openings for extremists, Clapper told the senators. Opportunistic individuals and groups can take advantage of diminished counterterrorism capabilities, porous borders, easy availability of weapons and internal stresses, he explained.
In Iran, the technical expertise to enrich uranium and build nuclear reactors and ballistic missiles continues to develop, Clapper said. Tehran has the scientific, technical and industrial capability to build missile-deliverable nuclear weapons, he continued, but the central question is whether it has the political will to do so.
"Such a decision, we believe, will be made by the [Iranian government's] supreme leader, and at this point we don't know if he'll eventually decide to build nuclear weapons," Clapper said.
"The increasingly beleaguered [Syrian] regime, having found that its escalation of violence through conventional means is not working, appears quite willing to use chemical weapons against its own people," he said. "We receive many claims of chemical warfare use in Syria each day and we take them all seriously, and we do all we can to investigate them."
Countries throughout the Middle East and North Africa are experiencing violence and political turmoil, he said, leading to civilian casualties and economic dislocation. Some 3.6 million Syrians have been displaced, and an additional 1.3 million have fled the country, Clapper said, noting that the refugee flow is placing pressure on neighboring countries.
"Moving to Asia, the Taliban-led insurgency has diminished in some areas of Afghanistan but is still resilient and capable of challenging U.S. international goals," he said. "The coalition drawdown will have an impact on Afghanistan's economy, which is likely to decline after 2014."
And in Pakistan, which faces no real prospects for sustainable economic growth, Clapper said, "the government has not instituted much-needed policy and tax reforms." On a more positive note, he continued, the Pakistani military continues its efforts to eliminate the al-Qaida and Taliban safe havens in the federally administered tribal areas.
China continues to supplement its military capabilities by strengthening its maritime law enforcement efforts in support of its claims in the South and East China Seas, he said.
"Closer to home," Clapper continued, "despite positive trends toward democracy and economic development, Latin America and the Caribbean contend with weak institutions, slow recovery from devastating natural disasters and drug-related violence and trafficking."
The intelligence director concluded his testimony by repeating his warning about sequestration spending cuts.
"So in sum, given the magnitude and complexity of our global responsibilities, insightful, persistent and comprehensive intelligence, at least in my mind, has never been more important or more urgent," he said. "So I have trouble reconciling this imperative with sequestration."
Cuts Make Intelligence Failures Likely, Top Intel Official Says
By Claudette Roulo
American Forces Press Service
WASHINGTON, April 18, 2013 - Speaking to a Senate panel about the effects of sequestration on the national security environment, the director of national intelligence said today that he's "seen this movie before."
During a Senate Armed Services Committee hearing on current and future worldwide threats, James R. Clapper said he served through the last round of budget cuts 20 years ago.
"And we were then enjoined to reap the peace dividend occasioned by the end of the Cold War," he said. "We reduced the intelligence community by about 23 percent. During the mid and late '90s, we closed many CIA stations, reduced [human intelligence] collectors, cut analysts, allowed our overhead architecture to atrophy, neglected basic infrastructure needs such as power, space and cooling, and let our facilities decay. And most damagingly, we badly distorted the workforce."
The intelligence community has spent the last decade rebuilding, Clapper said, but, with sequestration, another damaging downward spiral looms.
"Sequestration forces the intelligence community to reduce all intelligence activities and functions without regard to impact on our mission," the nation's senior intelligence officersaid, adding that the cuts jeopardize the nation's safety and security, and that the jeopardy will increase over time.
"Unlike more directly observable sequestration impacts like shorter hours at the parks or longer security lines at airports," he said, "the degradation to intelligence will be insidious. It will be gradual and almost invisible until, of course, we have an intelligence failure."
In his 50 years of intelligence experience, Clapper told the senators, the country has never "confronted a more diverse array of threats, crises and challenges around the world."
This makes the mandatory budget cuts imposed by sequestration "incongruous," he added.
The world is changing, Clapper said, and the threat environment along with it. "Threats are more interconnected and viral," he said. "Events which, at first blush, seem local and irrelevant can quickly set off transnational disruptions that affect U.S. national interests."
Threats in the cyber realm can come from both state and nonstate actors, he said, and their danger to global security "cannot be overstated."
Climate, disease and competition for natural resources have huge national security implications, Clapper said
"Many countries important to U.S. interests are living with extreme water and food stress that can destabilize governments, force human migrations and trigger conflicts," he said.
And while al-Qaida and the potential for a massive coordinated attack on the United States may be diminished, he said, the jihadist movement is now more diffuse and still determined to attack.
The rise of new governments and ongoing unrest in the Arab world creates openings for extremists, Clapper told the senators. Opportunistic individuals and groups can take advantage of diminished counterterrorism capabilities, porous borders, easy availability of weapons and internal stresses, he explained.
In Iran, the technical expertise to enrich uranium and build nuclear reactors and ballistic missiles continues to develop, Clapper said. Tehran has the scientific, technical and industrial capability to build missile-deliverable nuclear weapons, he continued, but the central question is whether it has the political will to do so.
"Such a decision, we believe, will be made by the [Iranian government's] supreme leader, and at this point we don't know if he'll eventually decide to build nuclear weapons," Clapper said.
"The increasingly beleaguered [Syrian] regime, having found that its escalation of violence through conventional means is not working, appears quite willing to use chemical weapons against its own people," he said. "We receive many claims of chemical warfare use in Syria each day and we take them all seriously, and we do all we can to investigate them."
Countries throughout the Middle East and North Africa are experiencing violence and political turmoil, he said, leading to civilian casualties and economic dislocation. Some 3.6 million Syrians have been displaced, and an additional 1.3 million have fled the country, Clapper said, noting that the refugee flow is placing pressure on neighboring countries.
"Moving to Asia, the Taliban-led insurgency has diminished in some areas of Afghanistan but is still resilient and capable of challenging U.S. international goals," he said. "The coalition drawdown will have an impact on Afghanistan's economy, which is likely to decline after 2014."
And in Pakistan, which faces no real prospects for sustainable economic growth, Clapper said, "the government has not instituted much-needed policy and tax reforms." On a more positive note, he continued, the Pakistani military continues its efforts to eliminate the al-Qaida and Taliban safe havens in the federally administered tribal areas.
China continues to supplement its military capabilities by strengthening its maritime law enforcement efforts in support of its claims in the South and East China Seas, he said.
"Closer to home," Clapper continued, "despite positive trends toward democracy and economic development, Latin America and the Caribbean contend with weak institutions, slow recovery from devastating natural disasters and drug-related violence and trafficking."
The intelligence director concluded his testimony by repeating his warning about sequestration spending cuts.
"So in sum, given the magnitude and complexity of our global responsibilities, insightful, persistent and comprehensive intelligence, at least in my mind, has never been more important or more urgent," he said. "So I have trouble reconciling this imperative with sequestration."
INSTALLING AIRCRAFT CATCHERS AT BUCKLEY
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| A Colorado Air National Guard F-16 Fighting Falcon tests a newly installed Barrier Arresting Kit-12 system April 12, 2013, on the flightline at Buckley Air Force Base, Colo. Airmen from the 460th Civil Engineer Squadron, 140th CES, Colorado Air National Guard, and 200th RED HORSE, Ohio National Guard, installed two BAK-12 systems in preparation for upcoming flightline construction. U.S. Air Force photo by Airman 1st Class Riley Johnson/Released |
CE units combine forces to catch planes
by Airman 1st Class Riley Johnson
460th Space Wing Public Affairs
4/16/2013 - BUCKLEY AIR FORCE BASE, Colo. -- Airmen from the 460th Civil Engineer Squadron and 140th CES, Colorado Air National Guard, received assistance from the 200th RED HORSE, Ohio Air National Guard, to install two Barrier Arresting Kit-12 systems April 12 on Buckley's flightline.
The team of power production Airmen assembled and installed the BAK-12 systems during a five-day span.
"We did it in a short timeframe. Everyone started on Monday, and we had the certification run on Friday. We saw all inclement weather conditions, from snow to high winds, and zero visibility," said Master Sgt. Joshua Barnett, 140th CES power productions NCO in charge.
The barrier systems were installed on Buckley in preparation for upcoming flightline construction.
The BAK-12 is an emergency stopping system for tail-hook equipped aircraft to prevent crashes and give assurance to pilots should their aircraft experience maintenance issues.
The system consists of a cable stretched across the flightline that is attached to the braking mechanisms on both sides. As the aircraft engages the system, the braking mechanism will slowly apply pressure until the aircraft comes to a stop.
After the week-long assembly, the BAK-12 proved it was capable of stopping a 29,000 pound F-16 Fighting Falcon traveling at a speed of more than 100 mph.
"The most rewarding part was seeing the plane hit the catch line. When I first went out there it was a patch of grass and a flightline. We got to see what we had worked so hard to do," said Senior Airman Taquan Kelley, 460th CES power production journeyman.
Eight Airmen from the 200th Rapid Engineer Deployable Heavy Operational Repair Squadron Engineers provided Buckley's power production teams with manpower, assets and expertise.
"This effort is a great example of leveraging guard and active-duty assets to complete a mission. Installing two Barrier Arresting Kit-12 systems in one week is not easy. The entire team of power production and heavy equipment personnel should be proud of their achievement and how well they were able to integrate operations," said Maj. Gibb Little, 460th CES operation flight commander.
SEC CHARGES FORMER INVESTMENT BANKER WITH INSIDER TRADING
FROM: U.S. SECURITIES AND EXCHANGE COMMISSION
The Securities and Exchange Commission today announced that it filed a settled insider trading civil action in U.S. District Court for the Southern District of New York against former investment banker Richard Bruce Moore. Securities and Exchange Commission v. Richard Bruce Moore, 13-cv-2514 (HB) (S.D.N.Y.). Moore is a Canadian citizen and a former investment banker at Canadian Imperial Bank of Commerce (CIBC).
The SEC alleged in its complaint that Moore purchased American Depositary Receipts (ADRs) of Tomkins plc, a United Kingdom engineering and manufacturing company, ahead of an announcement that the Canada Pension Plan Investment Board (CPPIB) and a Canadian private equity firm had approached Tomkins with a takeover offer. According to the complaint, Moore's job at CIBC included pitching investment ideas to the CPPIB. During 2010, in the course of his efforts to get CIBC a role in CPPIB transactions, Moore came to learn information that allowed him to conclude that the Board was working on an offer to acquire Tomkins. The complaint further alleges that, on June 28, 2010, Moore misappropriated that information from CIBC by purchasing 51,350 Tomkins ADRs on the New York Stock Exchange. Â On July 19, 2010, the day the offer was announced, the closing price of Tomkins ADRs rose 27 percent, from $13.87 to $17.67 a share. The complaint alleges that, through his purchase of the ADRs, Moore realized illicit gains of more than $163,000.
The SEC's complaint charged Moore with violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Without admitting or denying the allegations in the Commission's complaint, except for his admission of jurisdiction and certain facts agreed to in a parallel settlement with the Ontario Securities Commission, Moore consented to the entry of a proposed final judgment enjoining him from future violations of Section 10(b) and Rule 10b-5, ordering him to pay $163,293 in disgorgement plus $14,905 in prejudgment interest thereon, and imposing a $163,293 penalty. The settlement is subject to approval by the district court.
Moore has also agreed to an SEC administrative Order that would be based on entry of an injunction against him in the insider trading civil action and would bar him from association with any broker, dealer, investment adviser, municipal securities dealer, or transfer agent, and from participating in any penny stock offering.
Moore also purchased a large number of Tomkins common shares on the London Stock Exchange ahead of the acquisition offer announcement. In a parallel action, the Ontario Securities Commission today announced charges against Moore based on his trading in Tomkins common shares and his trading in a second, unrelated, stock.
The Commission acknowledges the assistance of the Ontario Securities Commission, the Jersey Financial Services Commission, and the Financial Industry Regulatory Authority.
IRIS TO HELP SCIENTISTS UNDERSTAND SUN'S PHYSICAL PROCESSES
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| Workers unload NASA's IRIS spacecraft from a truck at the processing facility at Vandenberg where the spacecraft will be readied for launch aboard an Orbital Sciences Pegasus XL rocket. Photo credit: VAFB/Randy Beaudoin |
FROM: NASA
NASA’s Interface Region Imaging Spectrograph (IRIS) satellite arrived at Vandenberg Air Force Base in California on Tuesday, April 16, to begin its final preparations for launch currently scheduled no earlier than May 28. IRIS will improve our understanding of how heat and energy move through the deepest levels of the sun’s atmosphere, thereby increasing our ability to forecast space weather. Following final checkouts, the IRIS spacecraft will be placed inside an Orbital Sciences Pegasus rocket. Deployment of the Pegasus from the L-1011 carrier aircraft is targeted for 7:27 p.m. PDT at an altitude of 39,000 feet at a location over the Pacific Ocean about 100 miles northwest of Vandenberg AFB off the central coast of California south of Big Sur.
"IRIS will contribute significantly to our understanding of the interface region between the sun's photosphere and corona," said Joe Davila, IRIS mission scientist at NASA's Goddard Space Flight Center in Greenbelt, Md. "This region is crucial for understanding how the corona gets so hot."
IRIS carries a single instrument, a multi-channel imaging spectrograph with an ultraviolet (UV) telescope that will help scientists better understand the physical processes in the sun’s interface region.
"With the high-resolution images from IRIS, scientists will be able to use advanced computer models to unravel how matter, light, and energy move from the sun’s 6,000 Kelvin surface to its million Kelvin corona," said Eric Ianson, IRIS mission manager at NASA Goddard. "Scientists will be able to combine data from NASA’s IRIS and Solar Dynamics Observatory and the NASA/JAXA Hinode missions to obtain a more comprehensive understanding of the sun’s atmosphere."
IRIS is a NASA Small Explorer mission. The program provides frequent flight opportunities for world-class scientific investigations from space using innovative, streamlined and efficient management approaches within the heliophysics and astrophysics areas.
NASA's Launch Services Program at Kennedy Space Center, Fla., is responsible for launch management. Lockheed Martin’s Advanced Technology Center Solar and Astrophysics Laboratory in Palo Alto, Calif., designed and built the IRIS spacecraft and instrument. NASA’s Ames Research Center in Moffett Field, Calif., is responsible for mission operations and ground data systems.
Thursday, April 18, 2013
1ST ARMORED DIVISION ELEMENTS TO AID JORDANIAN MILITARY
FROM: U.S. DEPARTMENT OF DEFENSE
Advance Headquarters Elements Operating in Jordan
By Donna Miles
American Forces Press Service
WASHINGTON, April 18, 2013 - Elements of the 1st Armored Division headquarters at Fort Bliss, Texas, are preparing for what's expected to be a year-long mission in Jordan to help the Jordanian military deal with consequences of the Syrian conflict, Army Maj. Gen. Dana J.H. Pittard, the division commander, told reporters today.
Members of the element, to be led by Army Maj. Gen. Wayne Grigsby Jr., deputy division commander for operations, are expected to rotate during the mission, Pittard said. Details are still being worked out, he added, estimating that deployments would be in the six-month range.
About 110 soldiers will deploy from Fort Bliss, with liaison officers and other augmentees to increase the element's size closer to 200, he said.
On the ground, the element will coordinate with U.S. military forces operating in Jordan and provide assistance "in everything from humanitarian assistance to stability [operations] to other things in support of Jordan," Pittard said. The operational role, however, is expected to be "very, very limited," he said, adding that the headquarters is prepared to expand the mission and the scale of the mission as necessary.
Defense Secretary Chuck Hagel announced the deployment during testimony yesterday before the Senate Armed Services Committee.
The contingent will enhance efforts of a small U.S. military team that has been working in Jordan since last year on planning related to chemical weapons and preventing a spillover of violence across Jordan's borders, the secretary told the Senate panel.
"These personnel will continue to work alongside Jordanian armed forces to improve readiness and prepare for a number of scenarios," he said.
Pittard reported today that the advance party already is on the ground in Jordan preparing for the mission.
The division is regionally aligned with U.S. Central Command, and Pittard and most of his headquarters staff worked alongside their Jordanian counterparts during Exercise Eager Light in October, he said. Exercise Eager Lion, also in Jordan, is slated for June. Another portion of the headquarters is in Saudi Arabia for Exercise Earnest Leader, and others will participate in Exercise Bright Star in Egypt in September, he said.
The deployment comes just two weeks after the announcement that missile defenders based at Fort Bliss would deploy to Guam as a precautionary move to protect against North Korean missiles.
Members of the Terminal High Altitude Air Defense System battery deployed last week and are in place and operational in Guam, Pittard reported.
"They are well-trained and ready, and the capability they bring will certainly help to protect our country," he said.
Pittard said he's proud that Fort Bliss "has really become one of our premier installations" in the expeditionary Army.
Advance Headquarters Elements Operating in Jordan
By Donna Miles
American Forces Press Service
WASHINGTON, April 18, 2013 - Elements of the 1st Armored Division headquarters at Fort Bliss, Texas, are preparing for what's expected to be a year-long mission in Jordan to help the Jordanian military deal with consequences of the Syrian conflict, Army Maj. Gen. Dana J.H. Pittard, the division commander, told reporters today.
Members of the element, to be led by Army Maj. Gen. Wayne Grigsby Jr., deputy division commander for operations, are expected to rotate during the mission, Pittard said. Details are still being worked out, he added, estimating that deployments would be in the six-month range.
About 110 soldiers will deploy from Fort Bliss, with liaison officers and other augmentees to increase the element's size closer to 200, he said.
On the ground, the element will coordinate with U.S. military forces operating in Jordan and provide assistance "in everything from humanitarian assistance to stability [operations] to other things in support of Jordan," Pittard said. The operational role, however, is expected to be "very, very limited," he said, adding that the headquarters is prepared to expand the mission and the scale of the mission as necessary.
Defense Secretary Chuck Hagel announced the deployment during testimony yesterday before the Senate Armed Services Committee.
The contingent will enhance efforts of a small U.S. military team that has been working in Jordan since last year on planning related to chemical weapons and preventing a spillover of violence across Jordan's borders, the secretary told the Senate panel.
"These personnel will continue to work alongside Jordanian armed forces to improve readiness and prepare for a number of scenarios," he said.
Pittard reported today that the advance party already is on the ground in Jordan preparing for the mission.
The division is regionally aligned with U.S. Central Command, and Pittard and most of his headquarters staff worked alongside their Jordanian counterparts during Exercise Eager Light in October, he said. Exercise Eager Lion, also in Jordan, is slated for June. Another portion of the headquarters is in Saudi Arabia for Exercise Earnest Leader, and others will participate in Exercise Bright Star in Egypt in September, he said.
The deployment comes just two weeks after the announcement that missile defenders based at Fort Bliss would deploy to Guam as a precautionary move to protect against North Korean missiles.
Members of the Terminal High Altitude Air Defense System battery deployed last week and are in place and operational in Guam, Pittard reported.
"They are well-trained and ready, and the capability they bring will certainly help to protect our country," he said.
Pittard said he's proud that Fort Bliss "has really become one of our premier installations" in the expeditionary Army.
ISAF NEWS FROM AFGHANISTAN
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| U.S. soldiers provide security for a hasty patrol base in the Registan Desert in the Panjwai district, Kandahar province, Afghanistan, April 10, 2013. U.S. Army photo by Sgt. Kimberly Hackba |
Afghan, Coalition Troops Arrest Taliban Facilitator
From an International Security Assistance Force Joint Command News Release
KABUL, Afghanistan, April 18, 2013 - A combined Afghan and coalition security force detained a Taliban leader and another insurgent in the Panjwai district of Afghanistan's Kandahar province today, military officials reported.
The leader is accused of directing and participating in attacks against Afghan and coalition forces in the province's Panjwai and Kandahar districts. He is believed to facilitate weapons and equipment for insurgent operations and to have significant experience with the construction and emplacement of improvised explosive devices.
In Afghanistan operations yesterday:
-- A combined force in Samangan province's Darah-ye Suf-e Pain district detained two insurgents during a search for a senior Islamic Movement of Uzbekistan leader believed to direct insurgent fighters and to have planned high-profile attacks against Afghan and coalition forces and civilians.
-- In Nuristan province's Waygal district, a combined force killed two insurgents during a search for the suspected top Taliban official in the district, who is believed to be responsible for leading attacks against Afghan and coalition forces, conducting illegal checkpoints and kidnapping Afghan officials.
-- Afghan Provincial Response Company Uruzgan, enabled by coalition forces, killed two insurgents and seized and destroyed IED-making materials in Uruzgan province's Shahid-e Hasas district during a search for a Taliban weapons facilitator.
QUARTERLY REPORT ON PIRACY OFF COAST OF SOMALIA
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| Map: Somalia. Credit: CIA World Factbook. |
Contact Group on Piracy off the Coast of Somalia: Quarterly Update
Fact Sheet
Bureau of Political-Military Affairs
April 17, 2013
The Contact Group on Piracy off the Coast of Somalia was created on January 14, 2009 pursuant to UN Security Council Resolution 1851. This voluntary, ad hoc international forum brings together over 80 countries, organizations, and industry groups with a shared interest in combating piracy. Chaired by the United States in 2013, the Contact Group continues to coordinate political, military, industry, and non-governmental efforts to bring an end to piracy off the coast of Somalia and to ensure that pirates are brought to justice.
Through its five thematic working groups, the Contact Group draws on international expertise and adopts a problem-solving approach towards addressing piracy, working closely with Somali authorities and regional administrations. Working Group 1, chaired by the United Kingdom, focuses on military and operational coordination, information sharing, and capacity building; Working Group 2, chaired by Denmark, addresses legal and judicial issues; Working Group 3, chaired by the Republic of Korea, works closely with the shipping industry to enhance awareness and build capabilities among seafarers transiting the region; Working Group 4, chaired by Egypt, aims at raising public awareness of the dangers of piracy; and Working Group 5, chaired by Italy, focuses on illicit financial flows associated with piracy as well as disrupting the pirate enterprise ashore.
This unique international partnership is contributing toward a significant decline in successful pirate attacks in the region. There has not been a single successful pirate attack in the region to date in 2013, and 2012 saw a nearly 75 percent decline in successful attacks over 2011.
Recent Developments
Apprehensions at Sea
On February 25, the EU Naval Force frigate HNLMS DE RUYTER transferred nine suspected pirates to authorities in the Republic of Seychelles. The suspects were captured aboard two skiffs after an alarm report from a merchant vessel on February 19.
Piracy Trials
Trials have been proceeding in the region for 16 suspected pirates detained in April 2012 by the Danish naval vessel ABSALON, operating as part of NATO’s Operation OCEAN SHIELD. A court in Seychelles sentenced three of the pirates to prison terms of 24 years and a fourth to 16 years. Denmark collaborated with Pakistan to secure Pakistani fishermen held hostage by the pirates to serve as witnesses in court. The next step will be to transfer the convicted pirates to serve their sentences in their home country, Somalia.
Prisoner Transfers
Meetings
The Contact Group’s Working Group 4 (Public Information) and 1 (Military and Operational Coordination, Information Sharing, and Capacity Building) met March 18-21, in Addis Ababa, Ethiopia. Somali government officials participated for the first time in Working Group 4 meetings, and committed to harmonizing official counter piracy messaging with that of the international community. Working Group 1 reviewed the significant progress being made to enhance effective coordination of international activity to develop regional maritime security, judicial and penal capabilities, and exchanged views with leaders of the multinational naval forces operating in the High-Risk Area on the effectiveness of preventative efforts at sea, and the recent deliberations of the Shared Awareness and De-Confliction Mechanism (known as SHADE).
Representatives of the Somali Contact Group on Counter Piracy (The Kampala Process), consisting of the Federal Government of Somalia, Puntland, Galmudug, and Somaliland, met in Addis Ababa on March 11-17. These meetings, facilitated by UNPOS, UNODC, the Food and Agriculture Organization, the International Maritime Organization, and the NGO Oceans Beyond Piracy, resulted in substantial progress towards developing a single draft Somali Maritime Strategy.
Working Groups 2 and 5 will meet in Copenhagen on April 10-12.
The Fourteenth Plenary of the Contact Group on Piracy off the Coast of Somalia will meet in New York City in the UN headquarters on May 1, 2013, chaired. The United States will chair this meeting.
Significant Developments
The Regional Anti-Piracy Prosecution & Intelligence Coordination Centre (RAPPICC) in the Seychelles officially opened on February 25. The RAPPICC will coordinate counter-piracy intelligence and information in order to better target the kingpins and financiers of Somali piracy.
Ambassador Thomas Winkler of Denmark, Chairman of the Contact Group’s Working Group 2 (Judicial Issues), accompanied UNODC officials on a visit to Puntland, including to the prison in Bosasso, which has been rebuilt in large part with funding provided by the Trust Fund. During the visit, Puntland authorities and UNODC agreed on the establishment of a national monitoring group for transferred pirate prisoners, which UNODC will supplement with an international monitoring group. In Somaliland, UNODC opened a housing complex at Hargeisa prison as part of a continuing process to upgrade penal facilities throughout the region. UNODC Counter Piracy Programme prison advisors visited the five Kenyan prisons where 130 convicted pirates are currently serving sentences of up to 20 years.
In March, $1.95 million was disbursed to the UN Development Program and UNODC to implement projects approved by the UN Trust Fund, which is managed by the UN Department of Political Affairs. The projects will develop police capacity to combat piracy in Puntland, Somalia; facilitate effective prosecution of individuals suspected of piracy; provide support to prisoner transfer flights from Seychelles to Somalia; and support the creation of a maritime law enforcement strategy and legal framework in Somalia.
Working Group 3 hosted an ad hoc meeting in London on January 15 on the High Risk Area (HRA) in London, where participants deliberated on the scope of the HRA as defined in the fourth iteration of the Best Management Practices guidelines. Another issue discussed was the idea of a transit corridor off the coast of India. The meeting provided a forum for a focused and in-depth deliberation of the HRA issue among all parties concerned.
Piracy Statistics for January 1-April 1, 2013
Hostage seafarers in pirate custody
67 on six fishing vessels, including M/V NAHAM (Oman), hijacked March 26, 2012
17 held on land from M/V ASHPAHLT VENTURE, LEOPARD, and PRATALAY 4
SECRETARY OF STATE KERRY REMEMBERS THE 30TH ANNIVERSARY OF THE EMBASSY BOMBING IN BEIRUT
FROM: U.S. DEPARTMENT OF STATE
30th Anniversary of the Embassy Beirut Bombing
Press Statement
John Kerry
Secretary of State
Washington, DC
April 17, 2013
Today, on the 30th anniversary of the bombing of the U.S. Embassy in Beirut, Lebanon, the United States celebrates close cooperation with the people of Lebanon that proves the enemies of democracy failed.
On April 18, 1983, a suicide bomber detonated a vehicle laden with 2,000 pounds of explosives in front of Embassy Beirut, in what was then the single largest attack on a U.S. diplomatic facility.
This act of terrorism killed 52 American diplomats, military personnel, and Lebanese Embassy colleagues. It also wounded more than 100 Americans and Lebanese.
As we reflect on that day, we also remember another terrorist attack later that year against the U.S. Marine Barracks in Beirut, as well as a third attack on the Beirut Embassy a year later.
All the Americans lost in these acts of terror had come in peace. They and our cherished Lebanese colleagues made the ultimate sacrifice through their service.
Hizballah and other terrorist organizations like it hoped through these violent attacks to deter the United States from maintaining our strong relationship with the Lebanese people, and from working with all elements of Lebanese society to insure the stability and sovereignty of Lebanon.
Yet the last 30 years of close cooperation between the United States and Lebanon - especially at the people-to-people level - proves the terrorists' goals were not achieved.
They underestimated the resolve of the United States to fight terrorism and to bring terrorists to justice wherever they may lurk, resolve renewed this week following the cowardly bombings in my hometown of Boston.
The recent loss of State Department colleagues in Zabul, Ankara, and Benghazi remind us of the sacrifices made by our colleagues around the world who work at U.S. diplomatic missions to promote and protect democracy, enhance freedom and justice, and facilitate development.
Just as we did 30 years ago, the United States today steadfastly supports the Lebanese people and their continued advance toward a sovereign, stable, independent, and prosperous nation.
30th Anniversary of the Embassy Beirut Bombing
Press Statement
John Kerry
Secretary of State
Washington, DC
April 17, 2013
Today, on the 30th anniversary of the bombing of the U.S. Embassy in Beirut, Lebanon, the United States celebrates close cooperation with the people of Lebanon that proves the enemies of democracy failed.
On April 18, 1983, a suicide bomber detonated a vehicle laden with 2,000 pounds of explosives in front of Embassy Beirut, in what was then the single largest attack on a U.S. diplomatic facility.
This act of terrorism killed 52 American diplomats, military personnel, and Lebanese Embassy colleagues. It also wounded more than 100 Americans and Lebanese.
As we reflect on that day, we also remember another terrorist attack later that year against the U.S. Marine Barracks in Beirut, as well as a third attack on the Beirut Embassy a year later.
All the Americans lost in these acts of terror had come in peace. They and our cherished Lebanese colleagues made the ultimate sacrifice through their service.
Hizballah and other terrorist organizations like it hoped through these violent attacks to deter the United States from maintaining our strong relationship with the Lebanese people, and from working with all elements of Lebanese society to insure the stability and sovereignty of Lebanon.
Yet the last 30 years of close cooperation between the United States and Lebanon - especially at the people-to-people level - proves the terrorists' goals were not achieved.
They underestimated the resolve of the United States to fight terrorism and to bring terrorists to justice wherever they may lurk, resolve renewed this week following the cowardly bombings in my hometown of Boston.
The recent loss of State Department colleagues in Zabul, Ankara, and Benghazi remind us of the sacrifices made by our colleagues around the world who work at U.S. diplomatic missions to promote and protect democracy, enhance freedom and justice, and facilitate development.
Just as we did 30 years ago, the United States today steadfastly supports the Lebanese people and their continued advance toward a sovereign, stable, independent, and prosperous nation.
SECRETARY OF DEFENSE HAGEL'S STATEMENT ON SYRIA BEFORE SENATE ARMED SERVICES COMMITTEE
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| DOD Photo: Secretary Of Defense Chuck Hagel |
Statement on Syria before the Senate Armed Services Committee
As Delivered by Secretary of Defense Chuck Hagel, Washington, D.C., Wednesday, April 17, 2013
Mr. Chairman, thank you.
Senator McCain, thank you.
Senator King, thank you.
I think the Chairman and I both very much appreciate the opportunity to discuss this issue today. And I would like to make a brief statement to lay out some of the general parameters on what we're doing, and then I think the Chairman has a very short statement, then we'll get into whatever you want to talk about.
First, the policy of the United States government is to work with allies and partners, as you both know, and as well as the Syrian opposition to provide humanitarian assistance across Syria and the region. And it's to hasten the end of violence, to bring about a political transition to a post-Assad authority that will restore stability, respect the rights of all its people and prevent Syria from becoming a safe haven for extremists, and take the necessary actions to secure Syria's chemical and biological weapons.
The best outcome for Syria – and the region – I think as we all agree is a negotiated political transition. The role of the Department of Defense is to support broader U.S. diplomatic efforts while ensuring that the U.S. military is fully prepared to protect America's interests and meet our security commitments to the region.
In pursuit of a negotiated political solution in Syria, the U.S. government is working to mobilize the international community, further isolate the Assad regime and support the moderate Syrian opposition. The United States has acknowledged the Syrian Opposition Coalition, the SOC, as the legitimate representative of the Syrian people and committed to provide them with $117 million in nonlethal assistance including communications and medical equipment. The State Department and USAID are providing technical assistance to the opposition which includes training for over 1,500 Syrian leaders and activists from over 100 local councils. The goal is to strengthen these opposition groups that share the international community's vision for Syria's future and minimize the influence of extremists. Additionally, President Obama has directed his national security team to increase nonlethal assistance to both the SOC and the Supreme Military Council, the SMC. We are working now to assess how to allocate and deliver that additional assistance.
The Department of State and USAID with support from other U.S. government agencies are working to alleviate the humanitarian crisis in Syria and help the more than one million Syrian refugees who have fled to neighboring countries. To date the United States has provided $385 million in humanitarian assistance, including emergency medical care and supplies, food and shelter. The United States is the largest single bilateral provider of humanitarian aid to the Syrian people. The United States is leading efforts to ensure that other countries make good on the $1.5 billion in commitments made at the international humanitarian pledging conference for Syria held in Kuwait earlier this year. We're also working through diplomatic and military channels to encourage Russia and China to do more to help resolve this crisis, and I have conveyed the message in recent calls with both my Russian and Chinese counterparts.
Internationally, the United States has worked with the E.U., Arab League, GCC countries and over 50 countries to build a robust sanctions regime designed to pressure the Syrian government and bring about an end to the conflict. These sanctions are having an impact on the Assad regime's ability to access the international financial system and raise foreign currency revenue.
In support of U.S. government efforts to respond to the crisis, the Department of Defense has expanded security consultations with key allies and partners in the region and in Europe, ensured that the U.S. military is strategically postured in the region and engaged in robust military planning for a range of contingencies.
U.S. military leaders are in regular communications with senior allied military leaders. Over the past year we have synchronized defense planning with several nations including Canada, the United Kingdom and France. Following the president's recent trip to Israel and Jordan, on Saturday, I will travel to the region and meet with defense leaders of Israel, Jordan, Saudi Arabia, Egypt and the UAE to review our regional security efforts. Secretary Kerry will be in Turkey this weekend, discussing Syria with the Turkish government and other key partners. The President's National Security Adviser has just returned from Russia where he would discuss Syria with Russian leaders, and Chairman Dempsey will be in China this week discussing Syria with Chinese leaders.
Last December the Department of Defense deployed Patriot missile batteries to southern Turkey for the protection of our NATO Ally. Since last year a small team of U.S. military experts has been working in Jordan on planning related to chemical weapons and preventing a spillover of violence across Jordan's borders. Last week I ordered the deployment of a U.S. Army headquarters element to enhance this effort in Amman. These personnel will continue to work alongside the Jordanian Armed Forces to improve readiness and prepare for a number of scenarios.
Through our Cooperative Threat rReduction program, the Department of Defense personnel and our interagency partners are also working closely with Syria's neighbors, including Jordan, Turkey and Iraq to help them counter the threat from Syria's chemical weapons. As part of this effort, the Department of Defense is funding over $70 million for activities in Jordan including providing training and equipment to detect and stop any chemical weapons transfers along its border with Syria and developing Jordanian capacity to identify and secure chemical weapons assets.
President Obama has made clear that if Assad and those under his command use chemical weapons or fail to meet their obligations to secure them, there will be consequences and they will be held accountable. The Department of Defense has plans in place to respond to the full range of chemical weapon scenarios.
The U.S. military is constantly updating and adjusting tactical military planning to account for the rapidly shifting situation on the ground and to prepare for additional new contingencies, not only those associated with the Syrian regime's chemical weapons but also the potential spillover of violence across Syria's borders that could threaten Allies and partners.
While I cannot discuss specific plans in an open session, we have been developing options and planning for post-Assad Syria and we will continue to provide the President and Congress with our assessment of options for U.S. military intervention.
The reality is that this is a complex and difficult situation, as everyone on this committee knows. The killing of innocents by the Syrian regime is tragic. The Assad regime is intent on maintaining power. The conflict within Syria has developed along dangerous sectarian lines. And the opposition has not yet sufficiently organized itself politically or militarily.
We have an obligation and responsibility to think through the consequences of any direct U.S. military action in Syria. Military intervention at this point could hinder humanitarian relief operations. It could embroil the United States in a significant, lengthy, and uncertain military commitment. Unilateral military action could strain other key international partnerships, as no international or regional consensus on supporting armed intervention now exists. And finally, a military intervention could have the unintended consequence of bringing the United States into a broader regional conflict or a proxy war.
Military intervention is always an option. It should be an option, but an option of last resort.
The best outcome for Syria – and the region – is negotiated political transition to a post-Assad Syria.
Having said that, the responsibility of the Department of Defense is to protect America's national security and to provide the President with a full range of options for any contingency. The United States military is prepared to respond at the President's direction. We will continue to work with our allies and partners to defend our interests, meet security commitments in the region and support efforts to achieve a political solution to the crisis.
And I'll look forward to your questions and would ask now if General Dempsey has some remarks.
JUSTICE SETTLES DISCRIMINATION LAWSUIT INVOLVING FAMILIES WITH CHILDREN
FROM: U.S. JUSTICE DEPARTMENT
Wednesday, April 17, 2013
Justice Department Settles Lawsuit Against Owners and Managers of Rental Homes in Mississippi for Discriminating Against Families with Children
The Justice Department announced today that Marcus Manly Magee III, Ina Magee, and their company, M.M. and S. Inc., have agreed to pay $27,000 to settle a lawsuit involving violations of the Fair Housing Act. The lawsuit alleged that the defendants established and implemented an occupancy policy at 23 rental properties in Magee, Miss., that differentiated between the maximum number of adults and children who could reside in each home.
Under the consent order, which was approved today by the U.S. District Court for the Southern District of Mississippi, the defendants must pay $20,000 to a family that was harmed by defendants’ discriminatory practices and $7,000 to the United States as a civil penalty. In addition, the order prohibits the defendants from discriminating against families with children in the future, mandates a non-discriminatory occupancy policy of two persons per bedroom, and requires the defendants to receive training on the Fair Housing Act.
"The Fair Housing Act ensures that families cannot be denied housing based on policies that discriminate against children," said Eric Halperin, Special Counsel for Fair Lending in the Civil Rights Division. "The Justice Department will continue its vigorous enforcement of fair housing laws that protect the rights of families with children."
"This settlement ensures that prospective families seeking housing will be treated fairly under the law," said Gregory K. Davis, U.S. Attorney for the Southern District of Mississippi. "We will continue to work with the Civil Rights Division to protect the rights of Mississippi citizens through enforcement of the Fair Housing Act."
The lawsuit, filed in November 2011, arose as a result of a complaint filed with the U.S. Department of Housing and Urban Development (HUD). After HUD investigated the complaint, it issued a charge of discrimination and the matter was referred to the Justice Department. The lawsuit alleged that the defendants violated the Fair Housing Act by refusing to rent a three-bedroom home to a woman with four children because she had "too many children" under the defendants’ occupancy policy. The suit also alleged that by setting a lower maximum number of children than adults who could reside in each home, the defendants engaged in a pattern or practice of discrimination or denied rights protected by the Fair Housing Act to a group of persons.
"Housing providers have an obligation to ensure that their occupancy standards do not violate a family’s housing rights," said John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity. "HUD and the Department of Justice are committed to taking action against anyone who unlawfully denies housing to families because of the number of children in their family."
The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability.
Wednesday, April 17, 2013
Justice Department Settles Lawsuit Against Owners and Managers of Rental Homes in Mississippi for Discriminating Against Families with Children
The Justice Department announced today that Marcus Manly Magee III, Ina Magee, and their company, M.M. and S. Inc., have agreed to pay $27,000 to settle a lawsuit involving violations of the Fair Housing Act. The lawsuit alleged that the defendants established and implemented an occupancy policy at 23 rental properties in Magee, Miss., that differentiated between the maximum number of adults and children who could reside in each home.
Under the consent order, which was approved today by the U.S. District Court for the Southern District of Mississippi, the defendants must pay $20,000 to a family that was harmed by defendants’ discriminatory practices and $7,000 to the United States as a civil penalty. In addition, the order prohibits the defendants from discriminating against families with children in the future, mandates a non-discriminatory occupancy policy of two persons per bedroom, and requires the defendants to receive training on the Fair Housing Act.
"The Fair Housing Act ensures that families cannot be denied housing based on policies that discriminate against children," said Eric Halperin, Special Counsel for Fair Lending in the Civil Rights Division. "The Justice Department will continue its vigorous enforcement of fair housing laws that protect the rights of families with children."
"This settlement ensures that prospective families seeking housing will be treated fairly under the law," said Gregory K. Davis, U.S. Attorney for the Southern District of Mississippi. "We will continue to work with the Civil Rights Division to protect the rights of Mississippi citizens through enforcement of the Fair Housing Act."
The lawsuit, filed in November 2011, arose as a result of a complaint filed with the U.S. Department of Housing and Urban Development (HUD). After HUD investigated the complaint, it issued a charge of discrimination and the matter was referred to the Justice Department. The lawsuit alleged that the defendants violated the Fair Housing Act by refusing to rent a three-bedroom home to a woman with four children because she had "too many children" under the defendants’ occupancy policy. The suit also alleged that by setting a lower maximum number of children than adults who could reside in each home, the defendants engaged in a pattern or practice of discrimination or denied rights protected by the Fair Housing Act to a group of persons.
"Housing providers have an obligation to ensure that their occupancy standards do not violate a family’s housing rights," said John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity. "HUD and the Department of Justice are committed to taking action against anyone who unlawfully denies housing to families because of the number of children in their family."
The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability.
RECENT U.S. NAVY PHOTOS
Sailors and Marines man the rails aboard the amphibious assault ship USS Peleliu (LHA 5) while entering Hong Kong. Peleliu is the flagship for the Peleliu Amphibious Ready Group on deployment in the U.S. 7th Fleet area of responsibility. U.S. Navy photo by Mass Communication Specialist 3rd Class Jasmine Sheard (Released) 130415-N-SH505-028
Hundreds of San Narciso residents cross the new San Pascual footbridge following an official ribbon cutting ceremony. The footbridge was one of seven engineering civic action projects completed by Combined/Joint Civil Military Operations Task Force (CJCMOTF) units in support of exercise Balikatan 2013, an annual Philippine-U.S. bilateral exercise. U.S. Navy photo by Mass Communication Specialist 1st Class Chris Fahey (Released) 040414-N-VN372-002.
CFTC OBTAINS COURT ORDER FOR REPAYMENT OF DEFRAUDED CUSTOMERS IN COMMODITY CONTRACT POOL SCHEME
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FROM: U.S. COMMODITY FUTURES TRADING COMMISSIONApril 15, 2013
Federal Court in California Orders National Equity Holdings, Inc. and Its Principal, Robert J. Cannone, to Pay over $3.6 Million to Settle Fraud Charges in CFTC Action
Washington, DC - The U.S. Commodity Futures Trading Commission (CFTC) today announced that it obtained a federal court Order against Defendants National Equity Holdings, Inc. (National Equity) and its Principal, Robert J. Cannone, both of Orange County, California, requiring them to pay restitution to defrauded customers in accordance with restitution set in a related criminal action at $1,059,096 (U.S. v. Cannone, SACR 11-263). The Consent Order of Permanent Injunction also imposes civil monetary penalties of $2.8 million on National Equity and $800,000 on Cannone. The Order also imposes permanent trading and registration bans against the Defendants and prohibits them from violating the anti-fraud provisions of the Commodity Exchange Act (CEA), as charged.
The Order, entered on April 11, 2013, by the Honorable James Selna of the U.S. District Court for the Central District of California, stems from a CFTC Complaint filed on November 8, 2011, charging National Equity, Cannone, Francis Franco, and Thomas B. Breen with fraudulent solicitation, misappropriation, and registration violations.
The Order finds that between June 2009 to April 2010, Cannone, by and through National Equity, fraudulently solicited and accepted over $1.4 million to trade commodity futures contracts through a pool. In their solicitations, Cannone, by and through National Equity, (1) falsely claimed to have a successful and experienced trader (Franco) for the pool, (2) misrepresented the likelihood of profits and the risks associated with trading commodity futures, (3) failed to disclose that they were not properly registered with the CFTC to operate a pool, and (4) failed to disclose their intended uses of pool participant funds.
The Order further finds that Cannone and National Equity traded only a portion of the pool participant funds in proprietary accounts and sustained overall and significant losses. Cannone misappropriated the majority of the pool participant funds to make so-called returns to participants in monthly payments that Cannone, through National Equity, claimed were the profitable proceeds of their trading, the Order finds. Cannone also misappropriated pool participant funds for personal use, according to the Order.
Cannone and National Equity concealed their fraud and trading losses from the pool participants by issuing false account statements reflecting profits, the Order finds. A year after commencing their fraudulent scheme, their trading losses and misappropriation had depleted pool participant funds, but at meetings with several pool participants, the Defendants made promises and sometimes gave written guarantees to return the funds invested, according to the Order.
The Order also finds that National Equity failed to register with the CFTC as a Commodity Pool Operator and Cannone failed to register as an Associated Person of National Equity, as required.
The CFTC’s litigation continues against the remaining Defendant Breen. On July 12, 2012, the court entered a permanent injunction Order against Defendant Franco, barring him from further violations of the CEA, as charged, and from engaging in certain commodity-related activities, including trading for others and registration; however, the litigation continues to determine the appropriate amount of a civil monetary penalty to be imposed and the whether a personal trading ban should be imposed on Franco.
In related criminal actions, Cannone, as well as Breen and Franco, pled guilty to criminal violations of the CEA, as amended. Cannone was sentenced to 27 months in federal prison and ordered to pay the $1,059,096 million in restitution jointly with Breen and Franco.
The CFTC thanks the Federal Bureau of Investigation (Orange County Office) and the U.S. Attorney’s Office for the Central District of California (Santa Ana Office) for their assistance.
CFTC Division of Enforcement staff members responsible for this case are Michelle S. Bougas, Heather Johnson, James H. Holl, III, Gretchen L. Lowe, and Vincent McGonagle.
IMAGE OF NGC 2768
The soft glow in this image is NGC 2768, an elliptical galaxy located in the northern constellation of Ursa Major (The Great Bear). NGC 2768 appears here as a bright oval on the sky, surrounded by a wide, fuzzy cloud of material. This image, taken by the NASA/ESA Hubble Space Telescope, shows the dusty structure encircling the center of the galaxy, forming a knotted ring around the galaxy’s brightly glowing middle. Interestingly, this ring lies perpendicular to the plane of NGC 2768 itself, stretching up and out of the galaxy. The dust in NGC 2768 forms an intricate network of knots and filaments. In the center of the galaxy are two tiny, S-shaped symmetric jets. These two flows of material travel outwards from the galactic center along curved paths, and are masked by the tangle of dark dust lanes that spans the body of the galaxy. These jets are a sign of a very active center. NGC 2768 is an example of a Seyfert galaxy, an object with a supermassive black hole at its center. This speeds up and sucks in gas from the nearby space, creating a stream of material swirling inwards towards the black hole known as an accretion disk. This disk throws off material in very energetic outbursts, creating structures like the jets seen in the image above. Image Credit: NASA/ESA/Hubble
Wednesday, April 17, 2013
ATTORNEY GENERAL HOLDER'S ADDRESS TO THE COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY PREVENTION
FROM: U.S. DEPARTMENT OF JUSTICE
Attorney General Eric Holder Speaks at the Quarterly Meeting of the Coordinating Council on Juvenile Justice and Delinquency Prevention
Washington, D.C. ~ Friday, April 12, 2013
Thank you, Kathi – and thank you all for being here.
It’s a pleasure to be among so many good friends and distinguished colleagues this afternoon. And it’s a privilege to join you all in welcoming Bob Listenbee as Administrator of the Office of Juvenile Justice and Delinquency Prevention.
Many of us have known Bob for years, as a highly-respected public defender and juvenile justice system reformer. Throughout his career, he has championed juvenile justice issues and fought to protect young people who are in need and at risk – most recently as Co-Chair of the Attorney General’s Task Force on Children Exposed to Violence. He has also served as a member of OJJDP’s Federal Advisory Committee on Juvenile Justice, which advises the President, Congress, and OJJDP on juvenile justice policy; as a trial lawyer at the Defender Association of Philadelphia; and as Chief of the Association’s Juvenile Unit.
As OJJDP Administrator, I know Bob will continue to be a strong voice for all children and their families, particularly those impacted by violence. And I’m proud to officially welcome him to the Justice Department today.
At our last Coordinating Council meeting in December, this group heard from the Attorney General’s Task Force on Children Exposed to Violence. The Task Force presented a report including 56 recommendations to address and prevent childhood exposure to violence – as victims or as witnesses.
Just two days later, a horrific mass shooting in Newtown, Connecticut claimed the lives of 20 elementary school children and 6 adults. And it served as a shocking reminder of exactly what we’re up against – and exactly how much is at stake in our ongoing fight to protect our most vulnerable citizens: our children.
Nearly every day, the tragedy that took place at Sandy Hook Elementary School is compounded by individual tragedies that take place on the streets of big cities and small towns across the country – and that too often pass unnoticed.
Just days after this group last came together, I traveled to Newtown and met with the first responders and crime scene search officers who arrived at the school just after the first calls came in.
In what were without question the worst moments of my professional life, I walked the halls where those terrible acts took place. I saw the dried blood. I saw the horrific crime scene photos. And when the brave men and women I met with asked me, with broken hearts and tear-streamed faces, to do whatever I could to prevent such a thing from happening again – I told them I would not rest until we had secured the common-sense changes that they and those 26 angels deserve.
When I left Newtown that day, I was more convinced than ever of the critical importance of the work that this Coordinating Council is doing – and the Administration’s comprehensive efforts to cut down on gun crimes and other forms of violence.
Today, I am firmly committed – as I know everyone here is committed – to keep the promises we’ve made to the American people, and especially to survivors and victims’ families in communities like Newtown: to do everything in our power to cut down on violence and prevent future tragedies; to implement the recommendations we heard from Bob and his colleagues in December; and to take action based on complementary reports, such as the June 2012 report of the National Advisory Committee on Violence Against Women.
At our last meeting, I told members of this Coordinating Council that I would help ensure that the Task Force’s recommendations would not be shelved or set aside. I promised that they would be carefully considered and, wherever possible, used as the basis for action – and a blueprint for strengthening our robust anti-youth violence work that’s already underway.
Two weeks after that meeting, Acting Associate Attorney General Tony West and I sat down with Mary Lou Leary and her OJP staff to discuss the Defending Childhood Initiative – and to reinforce the need for us to move toward implementation of the Task Force recommendations.
I’m pleased to note that, since then, my colleagues across the Justice Department have taken this directive to heart. Over the past several months, OJJDP’s leadership and staff members have begun to engage with a range of federal partners about how we might be responsive to the Task Force recommendations.
At my request, Department leaders have developed near-and long-term strategies for how we can collaborate with our colleagues and counterparts in order to make a positive difference in four primary areas of activity: raising public awareness, strengthening professional education and training, building knowledge through ongoing research, and increasing DOJ and federal coordination and capacity.
Over the next year, I am charging my DOJ colleagues to plan for the implementation of these recommendations. I know some of you have already started to work with us in this planning process, to map existing federal activities, and to help ensure that we’re making the best possible use of precious taxpayer resources.
As we look toward the future of these efforts, I’m confident that we’ll be able to refine and build upon existing activities – while establishing new policies and programs when necessary.
After all, there’s no question that we have come a long way since 2010, when the Defending Childhood Initiative was born – and we can all be encouraged by the steps forward we’ve seen in recent years.
But there’s also no denying that a great deal remains to be done in our efforts to better understand the causes and impact of youth violence; to prevent and combat it; and to bring hope and healing to those who suffer exposure.
This is nothing less than a national crisis – with serious ramifications for the future of our country, and for the young men and women who will soon be called upon to build that future.
The cost of failure and inaction – both human and moral – is simply too high to contemplate. The responsibility for turning back the tide of violence rests with each of the leaders – in this room and far beyond it – who has made a commitment to fighting back. And that’s why, as long as we work together, support one another, and remain steadfast in our determination to make the difference our children need – I believe there’s no limit to what we’ll be able to achieve.
In just a moment, I’ll turn things over to another key leader of this work – Acting Associate Attorney General West – to move this important conversation forward.
Based on the results of our last meeting, I will be asking Tony to help lead the creation of an American Indian Alaska Native Task Force on Children Exposed to Violence, in collaboration with our colleagues at the Department of the Interior. I’m grateful for his leadership on this and a wide range of other issues.
Attorney General Eric Holder Speaks at the Quarterly Meeting of the Coordinating Council on Juvenile Justice and Delinquency Prevention
Washington, D.C. ~ Friday, April 12, 2013
Thank you, Kathi – and thank you all for being here.
It’s a pleasure to be among so many good friends and distinguished colleagues this afternoon. And it’s a privilege to join you all in welcoming Bob Listenbee as Administrator of the Office of Juvenile Justice and Delinquency Prevention.
Many of us have known Bob for years, as a highly-respected public defender and juvenile justice system reformer. Throughout his career, he has championed juvenile justice issues and fought to protect young people who are in need and at risk – most recently as Co-Chair of the Attorney General’s Task Force on Children Exposed to Violence. He has also served as a member of OJJDP’s Federal Advisory Committee on Juvenile Justice, which advises the President, Congress, and OJJDP on juvenile justice policy; as a trial lawyer at the Defender Association of Philadelphia; and as Chief of the Association’s Juvenile Unit.
As OJJDP Administrator, I know Bob will continue to be a strong voice for all children and their families, particularly those impacted by violence. And I’m proud to officially welcome him to the Justice Department today.
At our last Coordinating Council meeting in December, this group heard from the Attorney General’s Task Force on Children Exposed to Violence. The Task Force presented a report including 56 recommendations to address and prevent childhood exposure to violence – as victims or as witnesses.
Just two days later, a horrific mass shooting in Newtown, Connecticut claimed the lives of 20 elementary school children and 6 adults. And it served as a shocking reminder of exactly what we’re up against – and exactly how much is at stake in our ongoing fight to protect our most vulnerable citizens: our children.
Nearly every day, the tragedy that took place at Sandy Hook Elementary School is compounded by individual tragedies that take place on the streets of big cities and small towns across the country – and that too often pass unnoticed.
Just days after this group last came together, I traveled to Newtown and met with the first responders and crime scene search officers who arrived at the school just after the first calls came in.
In what were without question the worst moments of my professional life, I walked the halls where those terrible acts took place. I saw the dried blood. I saw the horrific crime scene photos. And when the brave men and women I met with asked me, with broken hearts and tear-streamed faces, to do whatever I could to prevent such a thing from happening again – I told them I would not rest until we had secured the common-sense changes that they and those 26 angels deserve.
When I left Newtown that day, I was more convinced than ever of the critical importance of the work that this Coordinating Council is doing – and the Administration’s comprehensive efforts to cut down on gun crimes and other forms of violence.
Today, I am firmly committed – as I know everyone here is committed – to keep the promises we’ve made to the American people, and especially to survivors and victims’ families in communities like Newtown: to do everything in our power to cut down on violence and prevent future tragedies; to implement the recommendations we heard from Bob and his colleagues in December; and to take action based on complementary reports, such as the June 2012 report of the National Advisory Committee on Violence Against Women.
At our last meeting, I told members of this Coordinating Council that I would help ensure that the Task Force’s recommendations would not be shelved or set aside. I promised that they would be carefully considered and, wherever possible, used as the basis for action – and a blueprint for strengthening our robust anti-youth violence work that’s already underway.
Two weeks after that meeting, Acting Associate Attorney General Tony West and I sat down with Mary Lou Leary and her OJP staff to discuss the Defending Childhood Initiative – and to reinforce the need for us to move toward implementation of the Task Force recommendations.
I’m pleased to note that, since then, my colleagues across the Justice Department have taken this directive to heart. Over the past several months, OJJDP’s leadership and staff members have begun to engage with a range of federal partners about how we might be responsive to the Task Force recommendations.
At my request, Department leaders have developed near-and long-term strategies for how we can collaborate with our colleagues and counterparts in order to make a positive difference in four primary areas of activity: raising public awareness, strengthening professional education and training, building knowledge through ongoing research, and increasing DOJ and federal coordination and capacity.
Over the next year, I am charging my DOJ colleagues to plan for the implementation of these recommendations. I know some of you have already started to work with us in this planning process, to map existing federal activities, and to help ensure that we’re making the best possible use of precious taxpayer resources.
As we look toward the future of these efforts, I’m confident that we’ll be able to refine and build upon existing activities – while establishing new policies and programs when necessary.
After all, there’s no question that we have come a long way since 2010, when the Defending Childhood Initiative was born – and we can all be encouraged by the steps forward we’ve seen in recent years.
But there’s also no denying that a great deal remains to be done in our efforts to better understand the causes and impact of youth violence; to prevent and combat it; and to bring hope and healing to those who suffer exposure.
This is nothing less than a national crisis – with serious ramifications for the future of our country, and for the young men and women who will soon be called upon to build that future.
The cost of failure and inaction – both human and moral – is simply too high to contemplate. The responsibility for turning back the tide of violence rests with each of the leaders – in this room and far beyond it – who has made a commitment to fighting back. And that’s why, as long as we work together, support one another, and remain steadfast in our determination to make the difference our children need – I believe there’s no limit to what we’ll be able to achieve.
In just a moment, I’ll turn things over to another key leader of this work – Acting Associate Attorney General West – to move this important conversation forward.
Based on the results of our last meeting, I will be asking Tony to help lead the creation of an American Indian Alaska Native Task Force on Children Exposed to Violence, in collaboration with our colleagues at the Department of the Interior. I’m grateful for his leadership on this and a wide range of other issues.
MAN CHARGED FOR OBSTRUCTION IN GUINEAN MINING RIGHTS BRIBE CASE
FROM: U.S. DEPARTMENT OF JUSTICE
Monday, April 15, 2013
Obstruction Charges Filed in Ongoing FCPA Investigation into Alleged Guinean Mining Rights Bribe Scheme
Frederic Cilins, 50, a French citizen, has been arrested and accused of attempting to obstruct an ongoing investigation into whether a mining company paid bribes to win lucrative mining rights in the Republic of Guinea.
Mythili Raman, Acting Assistant Attorney General for the Justice Department’s Criminal Division; Preet Bharara, the U.S. Attorney for the Southern District of New York; and George Venizelos, the Assistant Director in Charge of the FBI’s New York Field Office, made the announcement.
"Mr. Cilins is charged with scheming to destroy documents and induce a witness to give false testimony to a grand jury investigating potential violations of the Foreign Corrupt Practices Act," said Acting Assistant Attorney General Raman. "The Justice Department is committed to rooting out foreign bribery, and we will not tolerate criminal attempts to thwart our efforts."
"A grand jury can never learn the truth, and justice cannot prevail, where documents are intentionally destroyed and testimony is tainted by lies," said U.S. Attorney Bharara. "As alleged, Frederic Cilins attempted to obstruct a significant investigation by corrupting evidence and testimony in precisely those ways. With today’s arrest, he now begins his own path to justice for his alleged conduct."
"As alleged, Cilins attempted to buy evidence he sought to destroy," said FBI Assistant Director in Charge Venizelos. "The destruction of evidence was in furtherance of Cilins’s alleged effort to obstruct an investigation into a bribery scheme. In effect, he was allegedly willing to commit bribery in an effort to cover up a bribery."
Cilins was arrested in Jacksonville, Fla., on April 14, 2013, and a criminal complaint was filed in the Southern District of New York today charging Cilins with tampering with a witness, victim or informant; obstructing a criminal investigation; and destroying, altering or falsifying records in a federal investigation. The obstruction charge carries a maximum penalty of five years in prison, and the tampering and record-destruction charges each carry a maximum penalty of 20 years in prison. Cilins made an initial appearance in the Middle District of Florida and was detained pending a detention hearing scheduled for April 18, 2013.
According to the complaint, Cilins allegedly attempted to obstruct an ongoing federal grand jury investigation concerning potential violations of the Foreign Corrupt Practices Act and laws proscribing money laundering. The complaint states the federal grand jury is investigating whether a particular mining company and its affiliates – on whose behalf Cilins has been working – transferred into the United States funds in furtherance of a scheme to obtain and retain valuable mining concessions in the Republic of Guinea’s Simandou region. During monitored and recorded phone calls and face-to-face meetings, Cilins allegedly agreed to pay substantial sums of money to induce a witness to the bribery scheme to turn over documents to Cilins for destruction, which Cilins knew had been requested by the FBI and needed to be produced before a federal grand jury. The complaint also alleges that Cilins sought to induce the witness to sign an affidavit containing numerous false statements regarding matters under investigation by the grand jury.
The complaint alleges that the documents Cilins sought to destroy included original copies of contracts between the mining company and its affiliates and the former wife of a now-deceased Guinean government official, who at the relevant time held an office in Guinea that allowed him to influence the award of mining concessions. The contracts allegedly related to a scheme by which the mining company and its affiliates offered the wife of the Guinean official millions of dollars, which were to be distributed to the official’s wife as well as ministers or senior officials of Guinea’s government whose authority might be needed to secure the mining rights.
According to the complaint, the official’s wife incorporated a company in 2008 that agreed to take all necessary steps to secure the valuable mining rights for the mining company’s subsidiary. That same contract stipulated that $2 million was to be transferred to the official’s wife’s company and an additional sum was to be "distributed among persons of good will who may have contributed to facilitating the granting of" the valuable mining rights. According to the complaint, in 2008, the mining company and its affiliates also "commit[ted] to giving 5% of the shares of stock" in particular mining areas in Guinea to the official’s wife.
A complaint is merely an accusation, and the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
The case is being prosecuted by Trial Attorney Stephen J. Spiegelhalter of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Elisha J. Kobre of the Southern District of New York. The case is being investigated by the FBI. The Justice Department’s Office of International Affairs and Office of Enforcement Operations have also assisted in the investigation.
Monday, April 15, 2013
Obstruction Charges Filed in Ongoing FCPA Investigation into Alleged Guinean Mining Rights Bribe Scheme
Frederic Cilins, 50, a French citizen, has been arrested and accused of attempting to obstruct an ongoing investigation into whether a mining company paid bribes to win lucrative mining rights in the Republic of Guinea.
Mythili Raman, Acting Assistant Attorney General for the Justice Department’s Criminal Division; Preet Bharara, the U.S. Attorney for the Southern District of New York; and George Venizelos, the Assistant Director in Charge of the FBI’s New York Field Office, made the announcement.
"Mr. Cilins is charged with scheming to destroy documents and induce a witness to give false testimony to a grand jury investigating potential violations of the Foreign Corrupt Practices Act," said Acting Assistant Attorney General Raman. "The Justice Department is committed to rooting out foreign bribery, and we will not tolerate criminal attempts to thwart our efforts."
"A grand jury can never learn the truth, and justice cannot prevail, where documents are intentionally destroyed and testimony is tainted by lies," said U.S. Attorney Bharara. "As alleged, Frederic Cilins attempted to obstruct a significant investigation by corrupting evidence and testimony in precisely those ways. With today’s arrest, he now begins his own path to justice for his alleged conduct."
"As alleged, Cilins attempted to buy evidence he sought to destroy," said FBI Assistant Director in Charge Venizelos. "The destruction of evidence was in furtherance of Cilins’s alleged effort to obstruct an investigation into a bribery scheme. In effect, he was allegedly willing to commit bribery in an effort to cover up a bribery."
Cilins was arrested in Jacksonville, Fla., on April 14, 2013, and a criminal complaint was filed in the Southern District of New York today charging Cilins with tampering with a witness, victim or informant; obstructing a criminal investigation; and destroying, altering or falsifying records in a federal investigation. The obstruction charge carries a maximum penalty of five years in prison, and the tampering and record-destruction charges each carry a maximum penalty of 20 years in prison. Cilins made an initial appearance in the Middle District of Florida and was detained pending a detention hearing scheduled for April 18, 2013.
According to the complaint, Cilins allegedly attempted to obstruct an ongoing federal grand jury investigation concerning potential violations of the Foreign Corrupt Practices Act and laws proscribing money laundering. The complaint states the federal grand jury is investigating whether a particular mining company and its affiliates – on whose behalf Cilins has been working – transferred into the United States funds in furtherance of a scheme to obtain and retain valuable mining concessions in the Republic of Guinea’s Simandou region. During monitored and recorded phone calls and face-to-face meetings, Cilins allegedly agreed to pay substantial sums of money to induce a witness to the bribery scheme to turn over documents to Cilins for destruction, which Cilins knew had been requested by the FBI and needed to be produced before a federal grand jury. The complaint also alleges that Cilins sought to induce the witness to sign an affidavit containing numerous false statements regarding matters under investigation by the grand jury.
The complaint alleges that the documents Cilins sought to destroy included original copies of contracts between the mining company and its affiliates and the former wife of a now-deceased Guinean government official, who at the relevant time held an office in Guinea that allowed him to influence the award of mining concessions. The contracts allegedly related to a scheme by which the mining company and its affiliates offered the wife of the Guinean official millions of dollars, which were to be distributed to the official’s wife as well as ministers or senior officials of Guinea’s government whose authority might be needed to secure the mining rights.
According to the complaint, the official’s wife incorporated a company in 2008 that agreed to take all necessary steps to secure the valuable mining rights for the mining company’s subsidiary. That same contract stipulated that $2 million was to be transferred to the official’s wife’s company and an additional sum was to be "distributed among persons of good will who may have contributed to facilitating the granting of" the valuable mining rights. According to the complaint, in 2008, the mining company and its affiliates also "commit[ted] to giving 5% of the shares of stock" in particular mining areas in Guinea to the official’s wife.
A complaint is merely an accusation, and the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
The case is being prosecuted by Trial Attorney Stephen J. Spiegelhalter of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Elisha J. Kobre of the Southern District of New York. The case is being investigated by the FBI. The Justice Department’s Office of International Affairs and Office of Enforcement Operations have also assisted in the investigation.
U.S. DIRECTOR OF NATIONAL INTELLIGENCE SAID "THREATS MORE DIVERSE, INTERCONNECTED"
FROM: U.S. DEPARTMENT OF DEFENSE
Cyber Tops Intel Community's 2013 Global Threat Assessment
By Cheryl Pellerin
American Forces Press Service
WASHINGTON, April 15, 2013 - National security threats are more diverse, interconnected and viral than at any time in history, the director of national intelligence said last week in a statement for the record delivered to the House Permanent Select Committee on Intelligence.
"This year, in content and organization, this statement illustrates how quickly and radically the world and our threat environments are changing," James R. Clapper said in the statement's introduction.
At the top of the U.S. intelligence community's 2013 assessment of global threats is cyber, followed by terrorism and transnational organized crime, weapons of mass destruction proliferation, counterintelligence and space activities, insecurity and competition for natural resources, health and pandemic threats, and mass atrocities.
"This environment is demanding reevaluations of the way we do business, expanding our analytic envelope and altering the vocabulary of intelligence," Clapper said in his statement.
The 30-page statement, based on information complete as of March 7, also lists threats in terms of regions such as the Middle East and North Africa, sub-Saharan Africa, East and South Asia, Russia and Eurasia, Latin America and the Caribbean, and Europe.
As the top-listed global threat, cyber is discussed in terms of increasing risk to U.S. critical infrastructure, the erosion of U.S. economic and national security, information control and Internet governance, and other areas.
"We judge that there is a remote chance of a major cyberattack against U.S. critical infrastructure systems during the next two years that would result in long-term, wide-scale disruption of services such as a regional power outage," Clapper stated.
The technical expertise and operational sophistication needed for such an attack is out of reach for most actors, he added, and "advanced cyber actors like Russia and China are unlikely to launch such a devastating attack against the United States outside of a military conflict or crisis that they believe threatens their vital interests."
But, he stated, isolated state or nonstate actors might deploy less sophisticated cyberattacks as a form of retaliation or provocation.
In terms of eroding U.S. economic and national security, the director said in his statement: "We assess that highly networked business practices and information technology are providing opportunities for foreign intelligence and security services, trusted insiders, hackers and others to target and collect sensitive U.S. national security and economic data."
Such activities are allowing adversaries to close the technological gap between the U.S. military and their own, he added, slowly neutralizing a key U.S. advantage internationally.
In the area of online information control, he said, some countries, including Russia, China and Iran, focus on cyber influence and the risk that Internet content might contribute to political instability. The U.S. focus is on cyber security and the risks to network and system reliability and integrity.
This fundamental difference in defining cyber threats was a core part of discussions as countries negotiated a global telecommunications treaty in Dubai in December, Clapper said.
"The contentious new text that resulted led many countries, including the United States, not to sign the treaty because of its language on network security, spam control and expansion of the U.N.'s role in Internet governance," the director added.
Negotiations showed that such disagreements will be long-running challenges in bilateral and multilateral engagements, he said.
"We track cyber developments among nonstate actors, including terrorist groups, hacktivists and cyber criminals," Clapper noted, adding, "We have seen indications that some terrorist organizations have heightened interest in developing offensive cyber capabilities, but they will probably be constrained by inherent resource and organizational limitations and competing priorities."
In Clapper's statement to Congress, he said terrorism is divided into subcategories that include the evolving homeland threat landscape, the global jihadist threat overseas and its affiliates, allies and sympathizers in Iran and Lebanese Hezbollah.
Terrorist threats, the director observed, are in transition as the global jihadist movement becomes increasingly decentralized.
"The Arab Spring has generated a spike in threats to U.S. interests in the region that likely will endure until political upheaval stabilizes and security forces regain their capabilities," Clapper said.
The nation also faces uncertainty about potential threats from Iran and Lebanese Hezbollah, which see the United States and Israel as their principal enemies.
For al-Qaida in the Arabian Peninsula, attacks on U.S. soil will remain part of its transnational strategy and the group continues to adjust its tactics, techniques and procedures for targeting the West, Clapper said.
The intelligence community assesses that al-Qaida-inspired homegrown violent extremists will continue to be involved in fewer than 10 domestic plots per year and will be motivated by global jihadist propaganda to engage in violent action, he added.
For core al-Qaida, the director said, "senior personnel losses in 2012, amplifying losses and setbacks since 2008, have degraded that organization to a point that the group is probably unable to carry out complex, large-scale attacks in the West ... [but] its leaders will not abandon the aspiration to attack inside the United States."
Iran, North Korea and Syria figure prominently in the statement's discussion of weapons of mass destruction.
"We assess Iran is developing nuclear capabilities to enhance its security, prestige and regional influence and give it the ability to develop nuclear weapons, should a decision be made to do so," Clapper said.
"We do not know if Iran will eventually decide to build nuclear weapons," he added.
North Korea's nuclear weapons and missile programs pose a serious threat to the United States and to the security environment in East Asia, a region with some of the world's largest populations, militaries and economies, the director said.
"North Korea's export of ballistic missiles and associated materials to several countries, including Iran and Syria, and its assistance to Syria's construction of a nuclear reactor, destroyed in 2007, illustrate the reach of its proliferation activities," Clapper said.
"... Although we assess with low confidence that the North would only attempt to use nuclear weapons against U.S. forces or allies to preserve the Kim [Jong Un] regime," he added, "we do not know what would constitute, from the North's perspective, crossing that threshold."
Syria has an active chemical warfare program and maintains a stockpile of sulfur mustard, sarin and the nerve agent VX. The intelligence community assesses that Syria has a stockpile of missiles, aerial bombs and possibly artillery rockets that can be used to deliver these agents, the director said.
"Syria's overall CW program is large, complex and geographically dispersed, with sites for storage, production and preparation," Clapper said.
"This advanced CW program has the potential to inflict mass casualties," he added, "and we assess that an increasingly beleaguered regime, having found its escalation of violence through conventional means inadequate, might be prepared to use CW against the Syrian people."
Some elements of Syria's longstanding biological warfare program may have advanced beyond the research and development stage and may be capable of limited agent production, the director said.
Syria is not known to have successfully weaponized biological agents in an effective delivery system, he added, but it has conventional and chemical weapon systems that could be modified for biological agent delivery.
In this threat environment, Clapper said, "... The intelligence community must continue to promote collaboration among experts in every field, from the political and social sciences to natural sciences, medicine, military issues and space."
He added: "Collectors and analysts need vision across disciplines to understand how and why developments -- and both state and unaffiliated actors -- can spark sudden changes with international implications."
Cyber Tops Intel Community's 2013 Global Threat Assessment
By Cheryl Pellerin
American Forces Press Service
WASHINGTON, April 15, 2013 - National security threats are more diverse, interconnected and viral than at any time in history, the director of national intelligence said last week in a statement for the record delivered to the House Permanent Select Committee on Intelligence.
"This year, in content and organization, this statement illustrates how quickly and radically the world and our threat environments are changing," James R. Clapper said in the statement's introduction.
At the top of the U.S. intelligence community's 2013 assessment of global threats is cyber, followed by terrorism and transnational organized crime, weapons of mass destruction proliferation, counterintelligence and space activities, insecurity and competition for natural resources, health and pandemic threats, and mass atrocities.
"This environment is demanding reevaluations of the way we do business, expanding our analytic envelope and altering the vocabulary of intelligence," Clapper said in his statement.
The 30-page statement, based on information complete as of March 7, also lists threats in terms of regions such as the Middle East and North Africa, sub-Saharan Africa, East and South Asia, Russia and Eurasia, Latin America and the Caribbean, and Europe.
As the top-listed global threat, cyber is discussed in terms of increasing risk to U.S. critical infrastructure, the erosion of U.S. economic and national security, information control and Internet governance, and other areas.
"We judge that there is a remote chance of a major cyberattack against U.S. critical infrastructure systems during the next two years that would result in long-term, wide-scale disruption of services such as a regional power outage," Clapper stated.
The technical expertise and operational sophistication needed for such an attack is out of reach for most actors, he added, and "advanced cyber actors like Russia and China are unlikely to launch such a devastating attack against the United States outside of a military conflict or crisis that they believe threatens their vital interests."
But, he stated, isolated state or nonstate actors might deploy less sophisticated cyberattacks as a form of retaliation or provocation.
In terms of eroding U.S. economic and national security, the director said in his statement: "We assess that highly networked business practices and information technology are providing opportunities for foreign intelligence and security services, trusted insiders, hackers and others to target and collect sensitive U.S. national security and economic data."
Such activities are allowing adversaries to close the technological gap between the U.S. military and their own, he added, slowly neutralizing a key U.S. advantage internationally.
In the area of online information control, he said, some countries, including Russia, China and Iran, focus on cyber influence and the risk that Internet content might contribute to political instability. The U.S. focus is on cyber security and the risks to network and system reliability and integrity.
This fundamental difference in defining cyber threats was a core part of discussions as countries negotiated a global telecommunications treaty in Dubai in December, Clapper said.
"The contentious new text that resulted led many countries, including the United States, not to sign the treaty because of its language on network security, spam control and expansion of the U.N.'s role in Internet governance," the director added.
Negotiations showed that such disagreements will be long-running challenges in bilateral and multilateral engagements, he said.
"We track cyber developments among nonstate actors, including terrorist groups, hacktivists and cyber criminals," Clapper noted, adding, "We have seen indications that some terrorist organizations have heightened interest in developing offensive cyber capabilities, but they will probably be constrained by inherent resource and organizational limitations and competing priorities."
In Clapper's statement to Congress, he said terrorism is divided into subcategories that include the evolving homeland threat landscape, the global jihadist threat overseas and its affiliates, allies and sympathizers in Iran and Lebanese Hezbollah.
Terrorist threats, the director observed, are in transition as the global jihadist movement becomes increasingly decentralized.
"The Arab Spring has generated a spike in threats to U.S. interests in the region that likely will endure until political upheaval stabilizes and security forces regain their capabilities," Clapper said.
The nation also faces uncertainty about potential threats from Iran and Lebanese Hezbollah, which see the United States and Israel as their principal enemies.
For al-Qaida in the Arabian Peninsula, attacks on U.S. soil will remain part of its transnational strategy and the group continues to adjust its tactics, techniques and procedures for targeting the West, Clapper said.
The intelligence community assesses that al-Qaida-inspired homegrown violent extremists will continue to be involved in fewer than 10 domestic plots per year and will be motivated by global jihadist propaganda to engage in violent action, he added.
For core al-Qaida, the director said, "senior personnel losses in 2012, amplifying losses and setbacks since 2008, have degraded that organization to a point that the group is probably unable to carry out complex, large-scale attacks in the West ... [but] its leaders will not abandon the aspiration to attack inside the United States."
Iran, North Korea and Syria figure prominently in the statement's discussion of weapons of mass destruction.
"We assess Iran is developing nuclear capabilities to enhance its security, prestige and regional influence and give it the ability to develop nuclear weapons, should a decision be made to do so," Clapper said.
"We do not know if Iran will eventually decide to build nuclear weapons," he added.
North Korea's nuclear weapons and missile programs pose a serious threat to the United States and to the security environment in East Asia, a region with some of the world's largest populations, militaries and economies, the director said.
"North Korea's export of ballistic missiles and associated materials to several countries, including Iran and Syria, and its assistance to Syria's construction of a nuclear reactor, destroyed in 2007, illustrate the reach of its proliferation activities," Clapper said.
"... Although we assess with low confidence that the North would only attempt to use nuclear weapons against U.S. forces or allies to preserve the Kim [Jong Un] regime," he added, "we do not know what would constitute, from the North's perspective, crossing that threshold."
Syria has an active chemical warfare program and maintains a stockpile of sulfur mustard, sarin and the nerve agent VX. The intelligence community assesses that Syria has a stockpile of missiles, aerial bombs and possibly artillery rockets that can be used to deliver these agents, the director said.
"Syria's overall CW program is large, complex and geographically dispersed, with sites for storage, production and preparation," Clapper said.
"This advanced CW program has the potential to inflict mass casualties," he added, "and we assess that an increasingly beleaguered regime, having found its escalation of violence through conventional means inadequate, might be prepared to use CW against the Syrian people."
Some elements of Syria's longstanding biological warfare program may have advanced beyond the research and development stage and may be capable of limited agent production, the director said.
Syria is not known to have successfully weaponized biological agents in an effective delivery system, he added, but it has conventional and chemical weapon systems that could be modified for biological agent delivery.
In this threat environment, Clapper said, "... The intelligence community must continue to promote collaboration among experts in every field, from the political and social sciences to natural sciences, medicine, military issues and space."
He added: "Collectors and analysts need vision across disciplines to understand how and why developments -- and both state and unaffiliated actors -- can spark sudden changes with international implications."
ISAF NEWS FROM AFGHANISTAN FOR APRIL 17, 2013
 |
| A coalition force member drives a vehicle during a patrol with Afghan special forces to escort a district governor in Helmand province, Afghanistan, April 14, 2013. U.S. Marine Corps Photo by Sgt. Pete Thibodeau |
Combined Force Kills Insurgents, Detains Taliban Leader
From an International Security Assistance Force Joint Command News Release
KABUL, Afghanistan, April 17, 2013 - A combined Afghan and coalition security force killed two insurgents and detained a senior Taliban leader and three other insurgents today in the Marjah district of Afghanistan's Helmand province, military officials reported.
The Taliban leader is accused of coordinating and conducting direct-fire assaults, ambushes and improvised explosive device attacks against Afghan and coalition forces. He also is believed to be a supplier of IED components, heavy weapons and ammunition to Taliban fighters.
The security force also seized more than 10 pounds of opium during the operation.
Also today, a combined force in Paktia province's Tsamkani district killed an insurgent and detained a Haqqani network leader believed to have operational control over IED operations in Paktia and Khost provinces. He also is accused of planning and directing attacks against Afghan and coalition forces, and of enlisting Afghan children to participate in insurgent activities. The security force also detained three other suspects and seized two assault rifles, a pistol and ammunition.
In Afghanistan operations yesterday:
-- Afghan special forces soldiers, supported by coalition forces, detained several suspected insurgents and recovered small-arms ammunition, fuses and a grenade in Badakhshan province's Warduj district after discovering a suspected insurgent medical facility.
-- Afghan Provincial Response Company Zabul, enabled by coalition forces, killed two insurgents and seized and destroyed 110 pounds of homemade explosives and IED components during a cordon-and-search operation in Zabul province.
In other news, Afghan and coalition security forces today confirmed the death of Khaliq Mir, a Haqanni network facilitator, during an April 15 operation in Khost province's Sabari district. Mir acquired and distributed weapons for insurgents throughout the province and belonged to a cell of fighters responsible for attacks against Afghan and coalition forces.
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