DOD TOUTS THE AFRICAN PARTNERSHIP STATION PROGRAM

U.S. Marine Corps Africa Partnership Station Security Cooperation Task Force personnel embark from the Royal Netherlands Navy landing platform dock HNLMS Rotterdam in Rota, Spain, Aug. 30, 2013. U.S. Navy photo by Petty Officer 2nd Class Travis S. Alston 

FROM:  U.S. DEFENSE DEPARTMENT 
Partnership Station Promotes Security, Capacity in West Africa
By Donna Miles
American Forces Press Service

WASHINGTON, Sept. 3, 2013 - More than 90 U.S. Marines set sail this weekend for a three-month mission along the West African coast – but for the first time in the Africa Partnership Station program, it was aboard a Dutch navy ship, alongside their counterparts from Holland, Spain and the United Kingdom.
The international task force departed Rota, Spain, early Aug. 31, aboard HNLMS Rotterdam, a Royal Netherlands Navy landing platform, reported U.S. Marine Lt. Col. Charles Watkins, security cooperation task force officer in charge for African Partnership Station 13.

Through the next three months, the crew will visit Senegal, Nigeria, Ghana, Cameroon and Benin, exercising security techniques and tactics with host-nation militaries, Watkins told American Forces Press Service during a telephone interview as the crew prepared to leave Rota.

The combined military engagements stem from Africa Partnership Station, one of U.S. Africa Command's most successful programs. The international security cooperation initiative, established in 2007, aims to strengthen global maritime partnerships through training and shared activities.

The goal is to improve maritime safety and security along the Gulf of Guinea, Watkins explained. By building capacity among African partner nations, the mission increases their ability to strengthen their borders, control their territorial waters and crack down on illicit trafficking and other destabilizing activity.

Africa Partnership Station 13 includes a new dimension. Rotterdam, home ported in Den Helder, Netherlands, is supporting the mission under a companion capacity-building program called "African Winds." The ship's sailors will work with African partners to build capabilities in maritime activities such as visit, board, search and seizure; maritime operations center planning and execution; and small boat operations.

Meanwhile, the security cooperation task force will work with African ground forces to conduct amphibious landings and exchange best practices in jungle warfare, hand-to-hand combat, humanitarian assistance and noncombatant evacuations.

The 2nd Marine Division's 2nd Assault Amphibious Battalion from Camp Lejeune, N.C., is contributing the ground forces. The Marine Corps Reserve's Marine Light Attack Helicopter Squadron 773, headquartered at Warner Robins Air Force Base, Ga., is providing two UH-1N Huey helicopters and crews for the mission.

Watkins called the opportunity to help build capacity among African partners while working hand-in-hand with other NATO forces "a once-in-a-lifetime opportunity" for the participants.
Some have never deployed before, and Watkins said he personally was looking forward to his first deployment in a noncombat role.

"The main, driving force is relationship building," he said. "We want to build relationships, not only among the NATO forces, but also among the African forces. So getting to work hand in hand with the Dutch, the Spanish and the Royal Marines is a huge thing."

Africa Partnership Station 13 provides a forum to increase interoperability as participants work through the challenges of different languages, equipment and standard operating procedures, he said.

For example, as a pilot, Watkins described the challenges of landing a U.S. helicopter aboard a Dutch ship. The crews practiced the procedures they and their Dutch hosts had worked through during a planning conference in Amsterdam before departing Rota, he reported.

For participants aboard Rotterdam as well as in Africa, the mission "is an opportunity for all the Marines to work side by side, working on [standard operating procedures], sharing with our partners and learning from each other and learning how we can work better together," Watkins said.

That understanding, he said, strengthens their ability to mutually respond to a future crisis, if required.

U.S. Naval Forces Europe-Africa welcomed the Rotterdam's contributions as an extension of Africa Partnership Station's international collaboration.

"We are thankful for the U.S.-Dutch partnership, as well as the involvement of the U.K. and Spanish Marines, and our African partners as we collaboratively seek to enhance the security environment in Africa," said Navy Capt. John B. Nowell Jr., deputy chief of staff for strategy, resources and plans. "African navies have made great strides to increase their maritime capabilities, and this iteration of APS sets the stage to further sharpen those skills."

Other participants shared Nowell's enthusiasm about the mission.

"The Royal Netherlands Navy recognizes the U.S. Africa Command APS program as the most effective way of gradually improving the West African maritime security environment," said Dutch Marine Corps Col. Frederik R. Swart, commander of Netherland Landing Forces participating in the mission. "Also, working with an international marine task force enhances interoperability among all coalition forces involved."

This year is the second time the Dutch Navy has contributed a major naval asset to Africa Partnership Station. HNLM Johan De Witt, a landing platform dock ship, participated in 2009.

"The U.K. sees this engagement as an excellent opportunity to contribute to the security of the West African maritime environment and to conduct some valuable cross training with African partners and members of the combined security cooperation task force," agreed Royal Marines Maj. Anthony Liva, officer in charge of the Royal Marines' Whisky Company of the 45 Commando aboard Rotterdam.

"Training will be progressive and focused," Liva said. "I have no doubt that every nation involved in this initiative will benefit immensely."

U.S. DEFENSE SECRETARY HAGEL ISSUES MESSAGE ON SUICIDE PREVENTION MONTH

FROM:  U.S. DEFENSE DEPARTMENT 
Message from Secretary Hagel on Suicide Prevention Month

           The Department of Defense has no more important responsibility than supporting and protecting those who defend our country and that means we must do everything possible to prevent military suicide. As we observe Suicide Prevention Month, the entire DoD community – Service members, civilians, members of our families and leaders at every level – must demonstrate our collective resolve to prevent suicide, to promote greater knowledge of its causes and to encourage those in need to seek support. No one who serves this country in uniform should ever feel they have nowhere to turn.

            The Department of Defense has invested more than $100 million into research on the diagnosis and treatment of depression, bipolar disorder and substance abuse, as well as interventions for relationship, financial and legal issues – all of which can be associated with suicide. We are working to reduce drug and alcohol abuse and we are steadily increasing the number of mental health professionals and peer support counselors. Effective suicide prevention training is critical to all these efforts and we are instructing our leaders on how to recognize the signs and symptoms of crisis and encourage service members to seek support. We are also reaching out to military families and the broader community to enlist their support in this cause.

PRESIDENT, CONGRESSIONAL LEADERS MEET OVER RESPONSE TO SYRIA'S USE OF CHEMICAL WEAPONS

FROM:  U.S. DEFENSE DEPARTMENT
President Meets With Congressional Leaders on Syria Response
By Jim Garamone
American Forces Press Service

WASHINGTON, Sept. 3, 2013 - President Barack Obama met with congressional leaders today and expressed confidence that lawmakers will authorize his plan to take action against the Assad regime for using chemical weapons against its own people.

The president said he thanked the leaders for approaching the issue of Syria "with the soberness and seriousness that it deserves."

Obama said he has "high confidence" that Syria used chemical weapons that killed thousands of people, including more than 400 children in direct violation of international norm against using them. "That poses a serious national security threat to the United States and to the region, and as a consequence, Assad and Syria need to be held accountable," he said.

The president said he has decided America should respond to the use of chemical weapons, but added that the response will be more effective and stronger "if we take action together as one nation."

Hearings in the Senate and House will allow the administration to present the evidence that chemical weapons were used and the opportunity to discuss why it is important to hold Bashar Assad to account, the president said.

Chemical weapons can be transferred to terror groups and other non-state actors, Obama said. "Unless we hold them into account," he added, "it also sends a message that international norms around issues like nuclear proliferation don't mean much."

Military plans for a U.S. response have been put in place and are proportional to the offense, the president said. Any U.S. response will be limited, and will "not involve boots on the ground," he added.

"This is a limited, proportional step that will send a clear message not only to the Assad regime, but also to other countries that may be interested in testing some of these international norms, that there are consequences," Obama said. "It gives us the ability to degrade Assad's capabilities when it comes to chemical weapons."

Less sleep, worse eating

Less sleep, worse eating

SEC CHARGES INVESTMENT ADVISORY FIRM WITH FAVORING CERTAIN CLIENTS

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION 

The Securities and Exchange Commission announced charges against a San Diego-based investment advisory firm and its president for allegedly steering winning trades to favored clients and lying about how certain money was being spent.

The SEC’s Enforcement Division alleges that J.S. Oliver Capital Management and Ian O. Mausner engaged in a cherry-picking scheme that awarded more profitable trades to hedge funds in which Mausner and his family had invested.  Meanwhile they doled out less profitable trades to other clients, including a widow and a charitable foundation.  The disfavored clients suffered approximately $10.7 million in harm.

The SEC’s Enforcement Division further alleges that Mausner and J.S. Oliver misused soft dollars, which are credits or rebates from a brokerage firm on commissions paid by clients for trades executed in the investment adviser’s client accounts.  If appropriately disclosed, an investment adviser may retain the soft dollar credits to pay for expenses, including a limited category of brokerage and research services that benefit clients.  However, Mausner and J.S. Oliver misappropriated more than $1.1 million in soft dollars for undisclosed purposes that in no way benefited clients, such as a payment to Mausner’s ex-wife related to their divorce.

“Mausner’s fraudulent schemes were a one-two punch that betrayed his clients and cost them millions of dollars,” said Marshall S. Sprung, Co-Chief of the SEC Enforcement Division’s Asset Management Unit.  “Investment advisers must allocate trades and use soft dollars consistent with their fiduciary duty to put client interests first.”

The SEC also charged Douglas F. Drennan, a portfolio manager at J.S. Oliver, for his role in the soft dollar scheme.

According to the SEC’s order instituting administrative proceedings, Mausner engaged in the cherry-picking scheme from June 2008 to November 2009 by generally waiting to allocate trades until after the close of trading or the next day.  This allowed Mausner to see which securities had appreciated or declined in value, and he gave the more favorably priced securities to the accounts of four J.S. Oliver hedge funds that contained investments from Mausner and his family.  Mausner profited by more than $200,000 in fees earned from one of the hedge funds based on the boost in its performance from the winning trades he allocated.  Mausner also marketed that same hedge fund to investors by touting the fund’s positive returns when in reality those returns merely resulted from the cherry-picking scheme.

According to the SEC’s order, the soft dollar scheme occurred from January 2009 to November 2011.  Mausner and J.S. Oliver failed to disclose the following uses of soft dollars:

More than $300,000 that Mausner owed his ex-wife under their divorce agreement.
More than $300,000 in “rent” for J.S. Oliver to conduct business at Mausner’s home.  Most of this amount was funneled to Mausner’s personal bank account.
Approximately $480,000 to Drennan’s company for outside research and analysis when in reality Drennan was an employee at J.S. Oliver.
Nearly $40,000 in maintenance and other fees on Mausner’s personal timeshare in New York City.
According to the SEC’s order, Drennan participated in the soft dollar scheme by submitting false information to support the misuse of soft dollar credits and approving some of the soft dollar payments to his own company.

The SEC’s order alleges that J.S. Oliver and Mausner willfully violated the antifraud provisions of the federal securities laws and asserts disclosure, compliance, and recordkeeping violations against them.  The SEC’s order alleges that Drennan willfully aided, abetted, and caused J.S. Oliver’s fraud violations in the soft dollar scheme.

The SEC’s investigation, which is continuing, has been conducted by Ronnie Lasky and C. Dabney O’Riordan of the Enforcement Division’s Asset Management Unit in the Los Angeles Regional Office.  The SEC’s litigation will be led by David Van Havermaat, John Bulgozdy, and Ms. Lasky.  The examination of J.S. Oliver was conducted by Ashish Ward, Eric Lee, and Pristine Chan of the Los Angeles office’s investment adviser/investment company examination program.

PAIR ARRESTED FOR ROLES IN MURDER PLOT

FROM:  U.S. MARSHALS SERVICE 
Marshals Task Force Arrests Pair Wanted For Ordering Murder

Columbus, OH – U.S. Marshal Patrick Sedoti of the Southern District of Ohio announces the arrest of Clarissa Clark, 19, and Summer Kerley, 29, both of Pittsburgh. The pair was arrested early Thursday evening by the Southern Ohio Fugitive Apprehension Strike Team (SOFAST) on warrants issued by authorities in Pittsburgh. The two women face charges of criminal solicitation of homicide, conspiracy to commit homicide and terroristic threats all stemming from a March 2013 shooting in the Sheraden neighborhood of Pittsburgh. Kerley is also charged with aggravated assault.

In late March, Clark and Kerley were passengers on a ‘party bus’ in Southern Pittsburgh and became engaged in a verbal altercation with other passengers. It is alleged that Clark made several phone calls to arrange for two men, James Lawrence, 21 and Michael Lyons, 22, to assault the others involved in the fight. Eventually, Clark ordered the bus to pull over and Lawrence and Lyons emerged from a car with guns and began firing at the victim. Steven Lee, 21, of McKees Rocks, Pa. was killed.

After receiving a tip from the U.S. Marshals office in Pittsburgh, Columbus based Marshals and Task Force officers from SOFAST located both Clark and Kerley in a residence on Columbus’ east-side. The women were arrested without incident and are currently the Franklin County Corrections Center awaiting extradition to Pennsylvania for trial.

Columbus SOFAST is a fugitive focused, U.S. Marshals Service led task force consisting of local, state, and federal authorities including the Franklin County Sheriff’s Office, Delaware County Sheriff’s Office, Ohio Adult Parole Authority, Columbus Police Department, Ohio State Highway Patrol, Immigration and Customs Enforcement, United States Secret Service, and the U.S. Attorney’s Office.

U.S., SWITZERLAND ISSUE JOINT STATEMENT ON TAX EVASION

FROM:  U.S. JUSTICE DEPARTMENT 
Thursday, August 29, 2013
United States and Switzerland Issue Joint Statement Regarding Tax Evasion Investigations

Switzerland Encourages Its Banks to Cooperate with New Program Which Will Require Significant Financial Penalties and Information Sharing from Banks That Aided Secret Account Holders
The Department of Justice today announced a program that will encourage Swiss banks to cooperate in the department’s ongoing investigations of the use of foreign bank accounts to commit tax evasion.  The department also released a joint statement with the Swiss Federal Department of Finance, stating that Switzerland will encourage its banks to participate in the program.

“This program will significantly enhance the Justice Department's ongoing efforts to aggressively pursue those who attempt to evade the law by hiding their assets outside of the United States,” said Attorney General Eric Holder.  “In addition to strengthening our partnership with the Swiss government, the program’s requirement that Swiss banks provide detailed account information will improve our ability to bring tax dollars back to the U.S. treasury from across the globe.”

“This program will provide us with additional information to prosecute those who used secret offshore bank accounts and those here and abroad who established and facilitated the use of such accounts,” said Deputy Attorney General James M. Cole.  “Now is the time for all U.S. taxpayers who hid behind Swiss bank secrecy laws or have undeclared offshore accounts in other foreign countries to come forward and resolve their outstanding tax issues with the United States.”

Under the program, which is available only to banks that are not currently under criminal investigation by the department for their offshore activities, participating Swiss banks will be required to:

·          Agree to pay substantial penalties
·          Make a complete disclosure of their cross-border activities
·          Provide detailed information on an account-by-account basis for accounts in which U.S. taxpayers have a direct or indirect interest
·          Cooperate in treaty requests for account information
·          Provide detailed information as to other banks that transferred funds into secret accounts or that accepted funds when secret accounts were closed
·          Agree to close accounts of account holders who fail to come into compliance with U.S. reporting obligations

Banks meeting all of the above requirements will be eligible for non-prosecution agreements.  Banks currently under criminal investigation related to their Swiss banking activities, and all individuals, are expressly excluded from the program.

The program holds banks to a higher degree of responsibility for opening secret accounts after it became publicly known that the department was actively investigating offshore tax evasion in Switzerland.  Under the penalty provisions of the program, banks seeking a non-prosecution agreement must agree to a penalty in an amount equal to 20 percent of the maximum aggregate dollar value of all non-disclosed U.S. accounts that were held by the bank on Aug.1, 2008.  The penalty amount will increase to 30 percent for secret accounts that were opened after that date but before the end of February 2009 and to 50 percent for secret accounts opened later than that.  

The program will significantly assist the department’s efforts to investigate and prosecute U.S. taxpayers who, when faced with the risk of detection, chose to move funds away from banks under investigation to banks that they believed might be better havens for tax secrecy.  A key component of the program requires cooperating banks to provide information that will enable the United States to follow the money to other Swiss banks and to banks located in other countries.

The program also provides a path to resolution for Swiss banks that were not engaged in wrongful acts with U.S. taxpayers but nonetheless want a resolution of their status.  Most banks in this category will be asked to provide an internal investigation report prepared by an independent examiner, as well as any additional information requested by the department.  A smaller group of banks will be allowed to show that they met certain criteria for deemed-compliance under the Foreign Account Tax Compliance Act (FATCA).  Banks in these two groups will be eligible to receive non-target letters.

The program is intended to enable every Swiss bank that is not already under criminal investigation to find a path to resolution.  It also creates significant risks for individuals and banks that continue to fail to cooperate, including for those Swiss banks that facilitated U.S. tax evasion but fail to cooperate now, for all U.S. taxpayers who think that they can continue to hide income and assets in offshore banks, and for those advisors and others who facilitated these crimes.

Since 2009, the department has charged more than 30 banking professionals and 68 U.S. accountholders with violations arising from their offshore banking activities.  Fifty-four U.S. taxpayers and four bankers and financial advisors have pled guilty, and five taxpayers have been convicted at trial.  One Swiss bank entered into a deferred prosecution agreement, and a second Swiss bank was indicted and pleaded guilty.  Currently, the department is actively investigating the Swiss-based activities of 14 financial institutions.  The department’s enforcement activities are global and have also included public actions concerning activities in India, Luxembourg, Israel and the Caribbean.

The program does not address current or future investigations and pending cases concerning bank employees, financial advisors and other individuals.  The department will address each of these cases only with the individual’s counsel, in a manner that gives consideration to the particular facts and circumstances of each case.  In those cases in which indictments are pending, any resolution will also require addressing outstanding issues with the court.  Counsel for banks currently under investigation, individuals who have been indicted, or bank employees who are concerned about whether they have potential criminal liability should contact the department’s Tax Division or the prosecutors handling their case if they wish to seek resolution.  

The department notes that the joint statement with the Swiss Federal Department of Finance provides that if personal data are provided, they should only be used for purposes of law enforcement, which may include regulatory action, in the United States or as otherwise permitted by U.S. law.  Additionally, the department has assured its Swiss counterparts that it understands that simply because the names of individuals are included in the information that it receives from a bank does not necessarily mean that any particular individual is or is not culpable of wrongdoing.  The support that Switzerland has shown for this program may also help those banks already under investigation take some of the steps necessary to reach a resolution.

“Banks that come forward under the program that we have announced today have the opportunity to reach a resolution with the United States,” said Assistant Attorney General for the Tax Division Kathryn Keneally.  “The program will give us yet more information to pursue U.S. taxpayers who are continuing to hide their assets in offshore accounts, and creates significant risks for those Swiss banks that fail to come forward.  We recognize and express our appreciation for Switzerland’s support of the program.”

“The program the Department of Justice announced today is another positive step forward in the U.S. government’s continuing efforts to combat offshore tax evasion,” said Danny Werfel, Acting Commissioner of the Internal Revenue Service.  “On behalf of the IRS, I extend my appreciation to both the Justice Department and the Swiss government for developing a way forward that provides the United States with information that will be critical to the enforcement of our tax laws and will bring closure for Swiss banks that meet the requirements of the program.”

BUSINESSMAN PLEADS GUILTY IN BANKING CONSPIRACY CASE

FROM:  U.S. DEPARTMENT OF JUSTICE  
Thursday, August 29, 2013
California Businessman Pleads Guilty to Conspiracy to Conceal Israeli Bank Accounts

Encino, Calif., Resident Is the Latest in a Series of Defendants Charged with Conspiring with Bankers to Hide Secret Israeli Bank Accounts
Aaron Cohen of Encino, Calif., pleaded guilty today in the U.S. District Court for the Central District of California to conspiracy to defraud the United States, the Justice Department and Internal Revenue Service-Criminal Investigation (IRS-CI) announced.

According to court documents, Cohen, a U.S. citizen, maintained undeclared bank accounts at two international banks headquartered in Tel Aviv, Israel, identified in court documents as Bank A and Bank B.  One of Cohen’s undeclared accounts was maintained at a branch of Bank A located in the Cayman Islands.  The accounts were held in the names of nominees in order to keep them secret from the U.S. Government.  In or about 2000, Cohen began using the funds in his undeclared account in the Cayman Islands as collateral for back-to-back loans obtained from another branch of Bank A located in Los Angeles.  Cohen’s ownership of the funds in the Cayman Islands accounts was not identified in the loan records maintained at the Los Angeles branch, thus concealing the fact that he was borrowing his own money, paying tax-deductible interest on the loans and not reporting the interest income he was earning in the Cayman Islands on his U.S. tax returns.

 According to the plea agreement, in or about 2009, Cohen transferred approximately $2 million from his Cayman Islands account at Bank A to a new offshore account at Bank B in Israel.  Cohen then used the funds in the new account as collateral to obtain a back-to-back loan from the Los Angeles branch of Bank B. Cohen failed to report any income from the accounts on his individual income tax returns that were filed with the IRS.  For tax years 2006 through 2009, Cohen failed to report interest income of approximately $238,000.  The highest balance in the undeclared accounts was approximately $3,450,000.

“Today’s guilty plea is but the latest example that attempting to hide income and assets from the United States in offshore accounts is a bad gamble,” said Assistant Attorney General for the Justice Department’s Tax Division Kathryn Keneally.  “The Internal Revenue Service will find the hiding places and the Department of Justice will criminally prosecute these tax cheats, who face potential jail time, still owe the taxes due and may lose those hidden assets and more to severe civil penalties."

“Mr. Cohen is yet another taxpayer caught using anonymous offshore accounts to avoid paying his fair share of taxes,” said IRS Criminal Investigation Chief Richard Weber. “Through IRS-CI’s efforts, we are gaining access to more and more information on institutions and individuals involved in offshore tax fraud, and you can expect us to use all of our enforcement tools to fight offshore tax evasion.”

Cohen is the latest in a series of defendants charged in the U.S. District Court for the Central District of California with failing to report income from undeclared accounts in Israel.

On March 29, 2013, Zvi Sperling of Beverly Hills, Calif., pleaded guilty to conspiring to defraud the United States in connection with back-to-back loans obtained in Los Angeles at branches of Bank A and Bank B that were secured by funds in undeclared bank accounts in Israel.  For tax years 2005 through 2008, Sperling failed to report income of approximately $381,563. The highest balance in Sperling’s undeclared accounts was approximately $4 million.

On May 21, 2013, Guity Kashfi of Los Angeles, Calif., pleaded guilty to conspiring to defraud the United States in connection with back-to-back loans obtained from branches of Bank A and Bank B in Los Angeles that were secured by funds in undeclared bank accounts in Israel and Luxembourg.  For tax years 2005 through 2011, Kashfi failed to report interest income of approximately $221,306.  The highest balance in Kashfi’s undeclared accounts was approximately $2.5 million.

U.S. citizens and residents who have an interest in, or signature or other authority over, a financial account in a foreign country with assets in excess of $10,000 are required to disclose the existence of such account on Schedule B, Part III, of their individual income tax returns.  Additionally, U.S. citizens and residents must file a Report of Foreign Bank and Financial Reports (FBAR) with the U.S. Treasury disclosing any financial account in a foreign country with assets in excess of $10,000 in which they have a financial interest, or over which they have signature or other authority.

  Cohen faces a potential maximum prison term of five years and a maximum fine of $250,000.  In addition, Cohen has agreed to pay a civil penalty to the IRS in the amount of 50 percent of the high balance of his undeclared accounts for failing to file FBARs.

Assistant Attorney General Kathryn Keneally of the Justice Department’s Tax Division and André Birotte Jr., U.S. Attorney for the Central District of California thanked special agents of IRS-CI, who investigated the case, and Tax Division Senior Litigation Counsel John E. Sullivan and Assistant Chief Elizabeth C. Hadden, who prosecuted these cases, and Assistant U.S. Attorney Sandra A. Brown of the U.S. Attorney’s Office, who assisted with the prosecutions.

50TH ANNIVERSARY COMMEMORATION OF THE VIETNAM WAR

FROM:  U.S. DEPARTMENT OF DEFENSE 
Army Launches 50th Anniversary Commemoration of Vietnam War
By J.D. Leipold
Army News Service

WASHINGTON, Aug. 30, 2013 - The afternoon in the Pentagon auditorium on Aug. 28 was a time for reflection on a war that spanned 10 years and cost the country the lives of more than 58,000 young men and women. It was also an occasion to honor and thank nine Vietnam War veterans who'd served a total of 14 tours in-country and 225 years in uniform.
Kicking off the Pentagon's first event commemorating the 50th anniversary of the conflict, Army Lt. Gen. Raymond V. Mason, deputy chief of staff for logistics, opened the ceremony recalling personal memories as well as his broader experiences as a young American citizen.
"I was a young Army brat and it was difficult for me to watch my dad come back after his third tour in Vietnam and not get treated appropriately, at least in my mind," Mason said. "I was just a pretty young guy at that time, but I could feel that it wasn't right. It struck me, and I knew if I ever had the opportunity to make that right I would do the best I could.

"Today, we are recognizing nine of our patriots and their families who stood up to the test of their generation and their decade," he continued. "I think it's well overdue. Nothing is more important than pausing and reflecting on the sacrifices of what these great men and women did and those who gave their last full measure."

On March 8, 1965, America's ground war in Vietnam began when 3,500 Marines were deployed with the American public's support. By Christmas, nearly 200,000 soldiers, Marines, airmen and sailors were in the country. At war's end on April 30, 1975, nearly 3 million Americans had been on the ground, in the air and on rivers of Vietnam. More than 58,000 Americans lost their lives.

While the official 50th anniversary of the Vietnam War will be in 2015, the president and Congress requested the secretary of Defense to begin planning the Vietnam War commemoration in 2007.

The goal is to get more than 10,000 corporations, civic groups as well as government and community organizations to join as partners and help sponsor hometown events to honor Vietnam veterans, their families and those who were prisoners of war and missing in action.

To date, 4,921 commemorative partners have signed on, including Army logistics, or G-4, which became the first.

Following Mason's remarks, Army Vice Chief of Staff Gen. John F. Campbell thanked him and his team for leading the way to celebrate the contributions of Vietnam veterans.

The son of an Air Force senior master sergeant, Campbell told of his years growing up on military bases around the world before attending West Point, and then recalled his first interaction with Vietnam veterans while a lieutenant in Germany.

"Both the battalion commanders were Vietnam veterans ... all the platoon sergeants, all the first sergeants, all the company commanders were Vietnam veterans," Campbell said. The vets, he said, instilled in him their hard-fought lessons-learned from Vietnam and wanted to make sure the young lieutenants and soldiers wouldn't make the same mistakes they had.

Retired Army Lt. Gen. Claude "Mick" Kicklighter serves as director of the U.S. Vietnam War Commemoration. During the Pentagon event he previewed the timeline of plans for honoring Vietnam veterans across the country over the next few years.

"Veterans of Valor," a 30-minute documentary with the nine honorees recalling humorous and somber anecdotes of their war experiences and interspersed with still photographs of themselves in Vietnam was also premiered.

U.S. Department of Defense Armed with Science Update: COMING IN FOR A VERTICAL LANDING

U.S. Department of Defense Armed with Science Update

U.S. LABOR SECRETARY PEREZ ISSUES LABOR DAY STATEMENT

FROM:  U.S. LABOR DEPARTMENT 
Statement on Labor Day by Secretary of Labor Thomas E. Perez

WASHINGTON — Secretary of Labor Thomas E. Perez issued the following statement today to commemorate Labor Day on Monday, Sept. 2:
On Labor Day, we pay tribute and say thanks to the people who build our nation's strength, character and prosperity. American workers are the most industrious, the most capable and the most diligent in the world. There is no challenge they don't embrace, no hardship they can't overcome.

"Our grit and determination has been put to the test recently, as we've endured the most crippling recession in 80 years. But now we are turning the corner. In the past 41 months, we've created 7.3 million jobs. The auto industry, which was flat on its back a few years ago, is surging again. Unemployment is at its lowest level since 2008. And the economy continues to grow as we provide affordable health care for every American. But there's no question we can and must do more.
"Our common agenda must be jobs, jobs, jobs. Working together, we can unleash the economy's full potential, secure a better bargain for the middle class and expand opportunities for everyone.

"Over the past 100 years, one federal agency has been workers' strongest ally and fiercest advocate: the U.S. Department of Labor. Our job is to make the American Dream a reality for all. To do that, we are investing in higher education and working closely with employers to provide workers with the state-of-the-art skills they need to succeed in 21st century jobs. We're making sure workers come home safely to their families at the end of every day, partnering with responsible employers to ensure the most exacting standards on occupational safety and health. We're continuing our strong efforts and unparalleled commitment to protect workers' benefits, so they can retire with dignity and security. And we're fighting for an honest day's pay for an honest day's work. It's a moral and economic imperative that we raise the federal minimum wage. People who work full-time in America shouldn't live in poverty.

"On Labor Day, we reflect on the men and women whose heads, hearts and hands have made ours the strongest economy the world has ever known. To meet the challenges ahead, we must draw inspiration from their stories. We must emulate their strength and resilience. We must summon their dignity and their courage.
"As the first Labor Secretary of the department's second century, I have every confidence that, powered by the talent and determination of our workers, we will create more opportunity in the years ahead. Best wishes for a safe, healthy and prosperous Labor Day."

Asteroid Steins in 3D

Asteroid Steins in 3D

THE PRESENCE OF THE NYPD IN AFGHANISTAN

FROM:  U.S. DEFENSE DEPARTMENT 
Face of Defense: NYPD Officer Serves in Afghanistan
By Marine Corps Cpl. Paul Peterson
2nd Marine Logistics Group

CAMP LEATHERNECK, Afghanistan, Aug. 30, 2013 - Before the War on Terror, the toppling of the oppressive Taliban regime in Afghanistan, or the attacks of Sept. 11, 2001, a young boy from the Bronx knew one thing: he wanted to help.
Marine Corps Sgt. Jonathan L. Vasquez was that boy in New York City. Today, Vasquez is a Marine Corps reservist currently serving with Combat Logistics Regiment 2, Regional Command-Southwest, in Helmand province, Afghanistan
"I've been that way since I was young," said Vasquez, who spent four years persistently applying to become a New York City police officer after joining the military at the age of 17.

"Both the career choices I made happen to help people. It's the best of both worlds, I say," he said.

While already committed to the idea of public service, the attacks on the World Trade Center changed things for the then-12-year-old Vasquez.

"I was in social studies class -- go figure, history," Vasquez recalled. "They actually brought the TV into the classroom and explained to us the World Trade Center was hit. At first they thought it was an accident, but then they told us it wasn't. I actually wish I was older, and I had joined right then."

As Americans paused to grieve and unite, he tightened his focus on the future. It was a five-year wait before he met the age requirements for military service and nearly a decade before he realized his dream of joining the New York City Police Department.

The wait and the right to wear the uniforms were worth it, Vasquez said.

"I don't want to sound corny. It's not like Superman or anything like that, but it feels good," he said. "New York is very patriotic. You get a lot of grace and a lot of thanks. It's an awesome feeling."

Not every day is easy. Both jobs come with separation from family, constant stress, and the burden of responsibility. Not all the right choices are clear, Vasquez said.

"You don't know," he said. "Sometimes you just have to make a decision and go with it. That's a trait of being a leader, especially in the Marine Corps where they grow you to become a leader."

Vasquez said he takes it all in stride. The strain is difficult, but it also forges bonds between him and his fellow service members and police officers. Still, the risks are palpable.

"When you put on that uniform for your shift, you don't know if you're coming home," Vasquez said. "You don't know if you'll [experience] a shooting or deliver a baby that day. It's very stressful, and it's every day of your life."

Vasquez balances the stress with an inherent optimism. Whether he's serving as a vehicle commander on a convoy in Afghanistan or working as a patrol officer out of the 47th Precinct, he's upbeat.

It's in his voice every day, a nasal-heavy New York accent even a Midwesterner could appreciate and a snicker-like smile to back it up. On patrol or drenched in sweat inside the sweltering gym at Camp Leatherneck, Vasquez keeps smiling, laughing and joking.

He's the kind of New Yorker who will interrupt the climax of a perfectly good movie to point out the setting is his city. He's got "attitude."

"Not in a bad way," Vasquez said. "I'm very respectful, and I'll respect anyone as long as they respect me."

Vasquez said his family back home worries about him, but their constant support is a source of strength. He said he finds contact with his daughter particularly uplifting.

"She puts a smile on my face," he said, completely dropping his shield of military toughness. "I can see it in her eyes [when we talk online] that she really misses me ... it feels good."

Vasquez also has deployed to South America, Asia, and Iraq. At every turn, he's brought his love for service with him.

"I'm grateful for all the things the military has done for me as well as the things I try to do for the military," Vasquez said. "It's the same thing for the police department. I'm glad I have a career back home I can go to and also help people."

BASEBALL TEAM PAYS BACK WAGES AND DAMAGES FOR VIOLATIONS OF THE FAIR LABOR STANDARDS ACT

FROM:   U.S. JUSTICE DEPARTMENT 

San Francisco Giants pay employees $545,000 in back wages, damages
US Labor Department finds clubhouse and administrative workers not paid properly

SAN FRANCISCO — The San Francisco Giants baseball team paid $544,715 in back wages and liquidated damages to 74 employees after a U.S. Department of Labor investigation determined that the Major League Baseball club failed to properly pay the workers over a three-year period. As a result of the investigation, MLB and the department are now working to ensure that all teams are aware of and adhere to the requirements of the Fair Labor Standards Act.

Investigators with the department's Wage and Hour Division found violations of the Fair Labor Standards Act's minimum wage, overtime pay and record-keeping provisions. The violations affected a range of employees in the organization at the major and minor league levels, including clubhouse assistants and managers. San Francisco Baseball Associates LLC, the club's ownership group, has entered into an agreement with the department to ensure continued and future compliance with the FLSA.

"We are pleased that the Giants addressed this matter, and it is our hope that other Major League Baseball teams will take a close look at their pay practices to ensure they are in compliance with the law," said Laura Fortman, principal deputy administrator of the Wage and Hour Division. "MLB has agreed to work collaboratively with the department to ensure all MLB teams are in compliance with the FLSA."

Susana Blanco, director of the San Francisco District Office of the Wage and Hour Division, said the case underscores the importance of wage protections: "I am encouraged that the Giants acted to resolve this issue, but it was disappointing to learn that clubhouse workers providing services to high-paid sports stars weren't making enough to meet the basic requirements of minimum-wage law."
During the investigation, the department determined that clubhouse employees were working more hours than were recorded, under an employment agreement required by the club that established a flat rate of pay of $55 for working 5.5 hours per day. However, investigators found that the employees actually worked an average of 12 to 15 hours daily, and the workers received less than the hourly federal minimum wage of $7.25 and were also not paid overtime for hours exceeding 40 in a workweek.

Investigators found the club had improperly classified a number of employees as exempt from overtime pay, including clubhouse managers at the major and minor league levels and video operators at the team's major and minor league affiliates. The non-exempt employees were paid a straight salary and no overtime premium, as required based on their job duties. Additionally, the investigation determined that the club failed to pay overtime or incorrectly calculated overtime pay for administrative staff participating in the Giants' bonus program, in violation of the FLSA.

The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 per hour, as well as time and one-half their regular rates for hours worked over 40 per week. The law also requires employers to maintain accurate records of employees' wages, hours and other conditions of employment, and it prohibits employers from retaliating against employees who exercise their rights under the law. The FLSA provides that employers who violate the law are, as a general rule, liable to employees for back wages and an equal amount in liquidated damages. Liquidated damages are paid directly to the affected employees.

U.S. SIGNS MEMORANDUM OF UNDERSTANDING WITH NIGERIA IN ATTEMPT TO ELIMINATE CROSS-BORDER FRAUD

FROM:  FEDERAL TRADE COMMISSION 
FTC Signs Memorandum of Understanding with Nigerian Consumer Protection and Criminal Enforcement Authorities

Memorandum Provides for Strong Cooperation on Cross-Border Fraud
The Federal Trade Commission signed a memorandum of understanding (MOU) with two Nigerian agencies to increase cooperation and communication in their joint efforts to stamp out cross-border fraud.  Nigeria’s Ambassador to the United States, Ambassador Adebowale Adefuye, provided opening remarks for the MOU signing ceremony.

The MOU was signed by FTC Chairwoman Edith Ramirez; Director General Dupe Atoki, of Nigeria’s Consumer Protection Council (CPC); and Executive Chairman Ibrahim Lamorde, of Nigeria’s Economic and Financial Crimes Commission (EFCC).   It is the first FTC MOU of this kind to include a foreign criminal enforcement authority. The CPC addresses consumer complaints through investigations and enforcement; the EFCC is a criminal enforcement agency with authority to address consumer fraud and other financial crimes.

Cross-border scammers use fraudulent e-mails and other scams to bilk consumers all over the world, while undermining confidence in legitimate businesses,” said FTC Chairwoman Ramirez.  “This MOU will help our agencies better protect consumers in both the U.S. and Nigeria.”

Director Atoki stated that “We fully support this collaboration on consumer and fraud matters, and have already detailed a senior CPC official to the FTC for a six-month staff exchange.”  And Executive Chairman Lamorde noted that he “welcomes this partnership, which builds on our existing collaboration with the FTC and with U.S. criminal enforcement authorities.”
The MOU provides for a Joint Implementation Committee to identify concrete areas of collaboration, establish joint training programs and workshops, and provide assistance regarding specific cases and investigations.  The MOU is a framework for voluntary cooperation and will not change existing laws in either country.        

The FTC has already worked with the two Nigerian agencies on policy and enforcement matters in various fora, including the African Consumer Protection Dialogue, the International Mass Marketing Fraud Working Group, the London Action Plan (LAP, an anti-spam network), and the International Consumer Protection and Enforcement Network.

The Commission vote authorizing Chairwoman Ramirez to sign the MOU on behalf of the agency was 4-0.

As more U.S. companies and consumers do business overseas, more FTC work involves international cooperation.  The Office of International Affairs serves both as an internal resource to Commission staff on international aspects of their work and as an official representative to numerous international organizations.  In addition, the FTC cooperates with foreign authorities through formal and informal agreements.  The FTC works with more than 100 foreign competition and consumer protection authorities around the world to promote sound policy approaches.  For questions about the Office of International Affairs, send an e-mail to oia@ftc.gov.  Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases and the FTC International Monthly for the latest FTC news and resources.

NAVY STUDY LOOKS TO FIND NEW MALARIA VACCINE

FROM:  U.S. DEFENSE DEPARTMENT 
Navy Study May Lead to Malaria Vaccine
Dana Crudo  |  Health.mil
August 29, 2013

The Navy made medical history with its release of promising research results that may lead the way to a much-needed malaria vaccine.

The breakthrough research published in the journal Science on Aug. 8 includes results of a human clinical trial of a malaria vaccine developed by the Navy Medical Research Center and federal and industry collaborators. The trial showed 100 percent protection against the disease.

“This is a historical moment in malaria vaccine research development,” said Capt. Judith Epstein, lead investigator of the trial at the Navy Medical Research Center. “For the first time, we and our collaborators have a malaria vaccine approach which has demonstrated the high-level vaccine efficacy required to protect our troops.”

This is no easy feat. The malaria parasite is incredibly complex, making it particularly difficult to develop a vaccine, researchers say.

The Defense Department has been dedicated to solving the malaria riddle since World War II because of its significant impact on U.S. military operations throughout history. Malaria continues to present major challenges to troops in tropical and subtropical regions of the world where it is rampant.

However, malaria is not a problem unique to the military. It is a major global health concern, with the World Health Organization reporting 216 million cases of malaria and an estimated 655,000 deaths in 2010.

Despite the significant need, there currently is no approved vaccine against malaria.

The latest research by the Navy provides hope that a vaccine soon will be available to effectively combat malaria within the military and beyond.

“I see the Navy paving the way to a vaccine which can be used within the next three- to four years for military personnel and for the millions of individuals suffering and dying from malaria worldwide,” Epstein said.

The vaccine used in the clinical trial was given at varied doses by intravenous injection to 40 volunteers from October 2011 to October 2012. Navy researchers played a key role in the design of the study, particularly the assessment of vaccine efficacy and volunteer follow up.

STATEMENT BY HHS SECRETARY SEBELIUS ON OVARIAN CANCER AWARENESS MONTH

FROM:  U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, 
National Ovarian Cancer Awareness Month 2013
A statement by HHS Secretary Kathleen Sebelius

This year, thousands of American women – our mothers, grandmothers, aunts, daughters, and friends – will die from ovarian cancer. During September, we observe National Ovarian Cancer Awareness Month to recognize those who have died and recommit ourselves to helping the women who are fighting for their health.

Every year, more than 20,000 women in the United States are diagnosed with ovarian cancer, which is the fifth leading cause of cancer death for women and accounts for more than 14,000 deaths a year.

The administration advances scientific research to improve prevention, diagnosis and treatment. When ovarian cancer is found in its early stages, treatment is most effective, but, there is currently no proven method to screen for ovarian cancer in women.

That is why awareness is key to women’s survival. Ovarian cancer often does have signs and symptoms, so it is important to pay attention to your body –to be aware-- and know what is normal for you.  If you have vaginal bleeding that is not normal for you, see a doctor right away. Also see your health care provider if you have any of the other signs that are not normal for you, such as pain in the pelvic or abdominal area or bloating, for two weeks or longer.

Know your risk factors. All women are at risk for ovarian cancer, but older women are more likely to get the disease than younger women.  There are some factors that may increase your risk, including if you have genetic mutations called BRCA1 or BRCA2, have had certain cancers, breast,uterine,or have never given birth or have had trouble getting pregnant.

Having any of these symptoms or factors does not mean you have or will get ovarian cancer. But you should speak with your health care professional about your risk and whether you need genetic counseling and further examination.

The Affordable Care Act is making health care more accessible and providing important protections for women. Insurers must cover –at no out-of-pocket cost -- an annual well-woman visit, which is a good time for women to discuss their concerns about ovarian cancer with their health care provider. The law also guarantees coverage for genetic counseling and testing for certain women at high risk for ovarian cancer.

Women who are enrolled in Medicare part B can discuss any concerns at the annual wellness visit, which is available without part B coinsurance or satisfying the deductible. We also know that women-- and men -- without insurance are less likely to get the primary health care that they need to get healthy and to catch serious conditions like ovarian cancer in their early and more treatable stage. The good news is for millions of Americans who are uninsured or under-insured, new options for affordable, quality health insurance are around the corner.

In just a few weeks, every state will have an online Health Insurance Marketplace where people can find a plan that fits their budget and needs. Open enrollment starts October 1 for coverage that begins as soon as January 1, 2014.  You can find information and updates at HealthCare.gov – and the Spanish-language version at CuidadoDeSalud.gov. Sign up now at either site for a personal account to begin the process.

Also, in 2014, the health law makes it illegal to deny coverage or charge more if a woman has ovarian cancer or other pre-existing condition.

Remember: Being aware of what’s normal for our bodies and having access to quality health care are vital weapons in the fight against ovarian cancer.

Learn more about the risks and symptoms of ovarian and other gynecologic cancers.

See the National Cancer Institute’s What You Need to Know About Ovarian Cancer booklet and check out the Centers for Disease Control and Prevention’s Inside Knowledge: Get the Facts About Gynecologic Cancer campaign and read survivors’ personal stories.

RECREATION CENTERS FOR SERVICE MEMBERS, THEIR FAMILIES AND DOD CIVILIAN EMPLOYEES

The Hale Koa, on Honolulu's Waikiki Beach, offers tropical gardens, pools and authentic Hawaiian luaus and is the largest of four Armed Forces Recreation Centers operated by the Army. U.S. Army photo 

FROM:  U.S. DEFENSE DEPARTMENT 
Recreation Centers Offer Value to Troops, Families
By Donna Miles
American Forces Press Service

WASHINGTON, Aug. 30, 2013 - Fans of the Armed Forces Recreation Centers can breathe a sigh of relief knowing that because the crown jewels of the military's morale, welfare and recreation programs are completely self-supporting, they're unaffected by defense budget cuts and undergoing capital improvements.
The AFRCs have served as centerpieces of the MWR program since the post-World War II era. They were initially established after the war in confiscated German facilities to provide recreational getaways for U.S. forces, Debbie Martin, the Army's chief of hospitality programs, told American Forces Press Service.
Today, the Army operates four AFRCs around the world for all the military services: the Edelweiss Lodge and Resort, in Garmisch, Germany; the Hale Koa Hotel, in Honolulu; Shades of Green, on the grounds of Walt Disney World in Orlando, Florida; and Dragon Hill Lodge, in Seoul, South Korea.

The facilities serve military members and their families, military retirees, and Defense Department civilian employees. Last year alone, 1.7 million guests visited an AFRC, Martin reported.

Make no mistake about it: the AFRCs aren't simply military-run hotels like those found on many installations, she emphasized. They're luxury resorts that cater exclusively to military and Defense Department leisure travelers and their families.

Edelweiss, opened in 2004, is a world-class resort smack in the middle of the Bavarian Alps and Germany's premier ski and summer sports scene. The Hale Koa, on Honolulu's Waikiki Beach, offers an open door to paradise, complete with tropical gardens and pools and regular luaus. Shades of Green, the only AFRC in the continental United States, gives service members and families immediate access to the wonders of Disney World. The Dragon Hill offers an upscale escape in the Land of the Morning Calm, all steps from the excitement and intrigue of downtown Seoul.

All feature exclusive accommodations and fitness facilities, restaurants, lounges and activity desks that can keep guests running from morning to night when they're not simply kicking back and enjoying their surroundings.

"We look for the 'Wow' factor, as do most resorts," Martin said. "We want the military community, not only today, but into the future, to arrive at any one of these resorts and say, 'Wow. This is what the nation does for me and gives me the opportunity to be involved in.'"

For many AFRC guests, the initial attraction is the price. Unlike civilian resorts that must turn a profit to stay in business, AFRCs charge only what they need to cover operating expenses and facility improvements, Martin said. Not a penny of the direct funding comes from appropriated funds, so the facilities are largely sheltered from the budget cuts impacting the Defense Department.

Room rates are based on a sliding scale according to rank, with the most-junior guests paying the least $64 a night for a single room at the Dragon Hill, $79 at the Hale Koa, $86 at the Edelweiss and $95 for a 450-square-foot room that sleeps six at Shades of Green.

For higher-ranking guests, the same rooms go for more, and larger rooms are available at higher prices at some of the facilities to accommodate larger parties.

"The value for your dollar goes much farther at the AFRCs than it would in any resort that would be comparable," Martin said.

That's kept occupancy rates steady, typically at 90 percent or higher at the Hale Koa, Shades of Green and Dragon Hill facilities, she reported. The Edelweiss resort has experienced a recent drop, she said, reflecting force-structure changes in Europe but making it easier than ever before for guests to get a reservation.

While price may draws guests to the AFRCs, Martin said the quality of the accommodations and services provided continue to bring them back. Each resort offers everything service members might expect to find in a luxury resort: swimming pools, gardens, dining choices ranging from fast food to haute cuisine and access to a plethora of entertainment options.

Each facility also has a post exchange on site, a godsend, many guests say, that saves them a bundle when they're vacationing.

"AFRCS offer a blend of the military culture and a resort environment that military members find very, very appealing, not just in terms of price, but also because of the atmosphere," Martin said.

An ambitious recapitalization program is helping to ensure that atmosphere remains for years to come, she said. Shades of Green, for example, opened its expanded post exchange this spring. A major renovation is underway on one of its pools, featuring a "zero entry" ramp to meet the needs of guests in wheelchairs or with other physical limitations. Another pool, known as the "Mickey Pool," will be upgraded within the next year to 15 months to add new child-friendly features, Martin said.

Meanwhile, officials are considering a major renovation of the resort's original wing, which includes about half of its 583 rooms, Martin said.

The Hale Koa, which recently completed a $60-plus million facelift on its Ilima Tower, is in the conceptual stages for a similar effort on its original Maile Tower, she said. Once that's completed, all 817 guest rooms at the largest of the AFRC resorts will have a new face.

"The idea is that you refresh things before they become worn out in the eye of the users," Martin said. "We want to make sure our guests are greeted with something they view as current and fresh -- and that gives them the overall feeling, 'I am in a resort and I am being pampered.'"

Pampering, after all, is what the AFRCs are all about, she said. They offer an opportunity for military members and their families to relax, unwind and reconnect. The benefit, she said, is that they return to their homes and duty stations refreshed and ready to take on whatever challenges the military presents them.

Martin said there's little that makes her feel more satisfied than seeing a military parent and child spend quality time together at an AFRC.

"It is those innocent moments, those special moments that make a lasting impression," she said, not just on the child, but on the parent who will carry those memories to the next deployment.

"That is what we do," Martin said. "We help strengthen that bond that allows folks to get through the things that we as a nation ask them to get through."

HHS ANNOUNCES GUIDANCE ON DEFENSE OF MARRIAGE ACT COURT DECISION

FROM:  U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES 
August 29, 2013

HHS announces first guidance implementing Supreme Court’s decision on the Defense of Marriage Act
Today, the Department of Health and Human Services (HHS) issued a memo clarifying that all beneficiaries in private Medicare plans have access to equal coverage when it comes to care in a nursing home where their spouse lives.  This is the first guidance issued by HHS in response to the recent Supreme Court ruling, which held section 3 of the Defense of Marriage Act unconstitutional.

“HHS is working swiftly to implement the Supreme Court’s decision and maximize federal recognition of same-sex spouses in HHS programs,” said HHS Secretary Kathleen Sebelius.  “Today’s announcement is the first of many steps that we will be taking over the coming months to clarify the effects of the Supreme Court’s decision and to ensure that gay and lesbian married couples are treated equally under the law.”

“Today, Medicare is ensuring that all beneficiaries will have equal access to coverage in a nursing home where their spouse lives, regardless of their sexual orientation,” said Centers for Medicare & Medicaid Services (CMS) Administrator Marilyn Tavenner.  “Prior to this, a beneficiary in a same-sex marriage enrolled in a Medicare Advantage plan did not have equal access to such coverage and, as a result, could have faced time away from his or her spouse or higher costs because of the way that marriage was defined for this purpose.”

Under current law, Medicare beneficiaries enrolled in a Medicare Advantage plan are entitled to care in, among certain other skilled nursing facilities (SNFs), the SNF where their spouse resides (assuming that they have met the conditions for SNF coverage in the first place, and the SNF has agreed to the payment amounts and other terms that apply to a plan network SNF).  Seniors with Medicare Advantage previously may have faced the choice of receiving coverage in a nursing home away from their same-sex spouse, or dis-enrolling from the Medicare Advantage plan which would have meant paying more out-of-pocket for care in the same nursing home as their same-sex spouse.

Today’s guidance clarifies that this guarantee of coverage applies equally to all married couples.  The guidance specifically clarifies that this guarantee of coverage applies equally to couples who are in a legally recognized same-sex marriage, regardless of where they live.

3 PLEAD GUILTY TO BRIBERY OF FOREIGN OFFICIALS, MONEY LAUNDERING AND CONSPIRACY TO OBSTRUCT JUSTICE

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, August 30, 2013

Three Former Broker-dealer Employees Plead Guilty in Manhattan Federal Court to Bribery of Foreign Officials, Money Laundering and Conspiracy to Obstruct Justice

Three employees of a New York-based U.S. broker-dealer have pleaded guilty for their roles in bribery schemes involving two state economic development banks in Venezuela.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Preet Bharara of the Southern District of New York and Assistant Director in Charge George Venizelos of the New York Office of the FBI made the announcement.

Ernesto Lujan, Jose Alejandro Hurtado and Tomas Alberto Clarke Bethancourt pleaded guilty in New York federal court to conspiring to violate the Foreign Corrupt Practices Act (FCPA), to violate the Travel Act and to commit money laundering, as well as substantive counts of these offenses.  These charges relate to a scheme to bribe a foreign official named Maria de los Angeles Gonzalez de Hernandez at Banco de Desarrollo Económico y Social de Venezuela (BANDES), a state economic development bank in Venezuela, in exchange for receiving trading business from BANDES.  Lujan, Hurtado and Clarke each also pleaded guilty to an additional charge of conspiring to violate the FCPA in connection with a similar scheme to bribe a foreign official employed by Banfoandes (the “Banfoandes Foreign Official”), another state economic development bank in Venezuela, and to conspiring to obstruct an examination by the U.S. Securities and Exchange Commission (SEC) of the New York-based broker-dealer (the “Broker-Dealer”) where all three defendants had worked, to conceal the true facts of the Broker-Dealer’s relationship with BANDES.

Lujan, 50, and Clarke, 43, entered their guilty pleas yesterday before U.S. Magistrate Judge James C. Francis IV, and Hurtado, 38, pleaded guilty today, also before Judge Francis. The men each pleaded guilty to the same six offenses and face a maximum penalty of five years in prison on each count except money laundering, which carries a maximum penalty of 20 years in prison.  Sentencing for Lujan and Clarke is scheduled for Feb. 11, 2014, before U.S. District Judge Paul G. Gardephe.  Hurtado is scheduled for sentencing before U.S. District Judge Harold Baer Jr. on March 6, 2014.

According to the informations filed against Lujan, Hurtado and Clarke this week, the criminal complaints previously filed, and statements made during the plea proceedings, Lujan, Clarke and Hurtado worked or were associated with the Broker-Dealer, principally through its Miami offices.  In 2008, the Broker-Dealer established a group called the Global Markets Group, which included Lujan, Clarke and Hurtado, and which offered fixed income trading services to institutional clients.

One of the Broker-Dealer’s clients was BANDES, which operated under the direction of the Venezuelan Ministry of Finance.  The Venezuelan government had a majority ownership interest in BANDES and provided it with substantial funding.  Gonzalez was an official at BANDES and oversaw the development bank’s overseas trading activity.  At her direction, BANDES conducted substantial trading through the Broker-Dealer.  Most of the trades executed by the Broker-Dealer on behalf of BANDES involved fixed-income investments for which the Broker-Dealer charged the bank a mark-up on purchases and a mark-down on sales.

The Broker-Dealer also conducted business with Banfoandes, another state development bank in Venezuela that, along with its 2009 successor Banco Bicentenario, operated under the direction of the Venezuelan Ministry of Finance.  Banfoandes acted as a financial agent of the Venezuelan government in order to promote economic and social development by, among other things, offering credit to low-income Venezuelans.  The Banfoandes Foreign Official was responsible for some of Banfoandes’s foreign investments.

Court records state that from early 2009 through 2012, Lujan, Clarke and Hurtado participated in a bribery scheme in which Gonzalez allegedly directed trading business she controlled at BANDES to the Broker-Dealer, and in return, agents and employees of the Broker-Dealer split the revenue the Broker-Dealer generated from this trading business with Gonzalez.  During this time period, the Broker-Dealer generated over $60 million in mark-ups and mark-downs from trades with BANDES.  Agents and employees of the Broker-Dealer, including Lujan, Clarke and Hurtado, devised a split with Gonzalez of the commissions paid by BANDES to the Broker-Dealer.  Emails, account records and other documents collected from the Broker-Dealer and other sources reveal that Gonzalez allegedly received a substantial share of the revenue generated by the Broker-Dealer for BANDES-related trades.  Specifically, Gonzalez allegedly received kickbacks and payments from Broker-Dealer agents and employees that were frequently in six-figure amounts.

To further conceal the scheme, the kickbacks to Gonzalez were often paid using intermediary corporations and offshore accounts that she held in Switzerland, among other places.  For instance, Lujan, Clarke and Hurtado used accounts they controlled in Switzerland to transfer funds to an account Gonzalez allegedly controlled in Switzerland.  Additionally, Hurtado and his spouse received substantial compensation from the Broker-Dealer, portions of which Hurtado transferred to an account allegedly held by Gonzalez in Miami and to an account held by an associate of Gonzalez in Switzerland.  Hurtado also sought and allegedly received reimbursement from Gonzalez for the U.S. income taxes he had paid on money that he used to make kickback payments to Gonzalez.  Lujan and Clarke also derived substantial profit from their roles in the bribery scheme.
 
According to court records, beginning in or about November 2010, the SEC commenced a periodic examination of the Broker-Dealer, and from November 2010 through March 2011 the SEC’s examination staff made several visits to the Broker-Dealer’s offices in Manhattan.  In early 2011, Lujan, Clarke and Hurtado discussed their concern that the SEC was examining the Broker-Dealer’s relationship with BANDES and asking questions regarding certain emails and other information that the SEC examination staff had discovered.  Lujan, Clarke and Hurtado agreed that they would take steps to conceal the true facts of the Broker-Dealer’s relationship with BANDES, including deleting emails.  Lujan, Clarke and Hurtado then, in fact, deleted emails.  Additionally as part of this effort to obstruct the SEC examination, Clarke lied to SEC examination staff in response to an interview question about his relationship to an individual who had received purported foreign associate payments relating to BANDES.

In a related scheme, from 2008 through mid-2009, Lujan, Clarke and Hurtado paid bribes to the Banfoandes Foreign Official, who, in exchange, directed Banfoandes trading business to the Broker-Dealer.

Gonzalez was charged in a criminal complaint and arrested on May 3, 2013, in connection with the BANDES bribery scheme.  The charges against Gonzalez are merely accusations, and she is presumed innocent unless and until proven guilty.

This ongoing investigation is being conducted by the FBI, with assistance from the SEC and the Justice Department’s Office of International Affairs.

Assistant Chief James Koukios and Trial Attorneys Maria Gonzalez Calvet and Aisling O’Shea of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Harry A. Chernoff and Jason H. Cowley of the Southern District of New York’s Securities and Commodities Fraud Task Force are in charge of the prosecution.  Assistant U.S. Attorney Carolina Fornos is responsible for the forfeiture aspects of the case.

USDA SAYS CHINA'S PROCESSED POULTRY FOOD SAFETY INSPECTION SYSTEM EQUIVALENT TO U.S.

FROM:  U.S. DEPARTMENT OF AGRICULTURE 
FSIS Reaffirms Equivalence of China’s Poultry Processing System

WASHINGTON, August 30, 2013– The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) today re-affirms the equivalence of the food safety inspection system for processed poultry in the People’s Republic of China (PRC), which was originally established in 2006. This will enable the PRC to certify plants to export processed poultry product to the United States.

Additional information on this topic may be found on the FSIS website:

Poultry Processing Inspection System Audit Report for the People’s Republic of China
Frequently Asked Questions
While the PRC received approval to export processed poultry products to the United States, the raw poultry used for these products must originate in the United States or Canada.  As of this announcement, no companies in the PRC are certified to export processed poultry to the United States.

FSIS is currently auditing the PRC’s slaughter inspection system. At this time, no chickens raised or slaughtered in the PRC can be shipped to the United States.

FSIS utilizes a comprehensive, three-part system for both establishing initial equivalence and ensuring the ongoing equivalence of countries that export regulated products to the United States. A foreign country’s inspection system must ensure that establishments preparing poultry products for import into the Unites States comply with requirements equivalent to those in the Poultry Products Inspection Act (PPIA) and in FSIS regulations. Once a country’s inspection system is granted equivalence, FSIS conducts periodic verification reviews and audits of exporting establishments. In addition, products undergo re-inspection at U.S. ports-of-entry to check for proper certification, labeling, transportation damage and general condition. Selected shipments are subject to additional re-inspection procedures, including examinations for product defects and laboratory analyses to detect harmful chemical residues or pathogen testing appropriate for the products. FSIS performs increased import re-inspection activities for countries that are beginning to export product to the Unites States.

SMART MATERIALS AND THE DESIGN OF EARTHQUAKE-RESISTANT BRIDGES

FROM:  NATIONAL SCIENCE FOUNDATION 
Strong, elastic 'smart materials' aid design of earthquake-resistant bridges

Bridges are a main component of the transportation infrastructure as we know it today. There are no less than 575,000 highway bridges nationwide, and more than $5 billion are allocated yearly from the federal budget for bridge repairs.

Over the past couple of decades, increasing seismic activity around the world has been identified as an impending threat to the strength and well-being of our bridges. Earthquakes have caused bridge collapses in the U.S., Japan, Taiwan, China, Chile, Turkey, and elsewhere. Therefore, we need to find ways to minimize seismic effects on bridges, both by improving existing bridges and refining specifications and construction materials for future bridges.

A large majority of bridges are made of steel and concrete. While this combination is convenient and economical, steel-concrete bridges don't hold up as well in strong earthquakes (7.0 magnitude or higher). Conventional reinforced columns rely on the steel and concrete to dissipate energy during strong earthquakes, potentially creating permanent deformation and damage in the column and making the column unusable.

Under earthquake loading, engineers allow for damage in column hinges to dissipate energy and prevent total bridge collapse. While that practice is widely accepted, the effects of hinge damage can interfere with disaster recovery operations and have a major economic impact on the community.

With funding from the National Science Foundation (NSF) and using NSF's George E. Brown, Jr. Network for Earthquake Engineering Simulation (NEES), civil engineer M. Saiid Saiidi of the University of Nevada, Reno (UNR), and his colleagues have discovered a solution. They've identified several smart materials as alternatives to steel and concrete in bridges.

Shape memory alloys (SMAs) are unique in their ability to endure heavy strain and still return to their original state, either through heating or superelasticity. SMAs demonstrate an ability to re-center bridge columns, which minimizes the permanent tilt columns can experience after an earthquake.

Nickel titanium, or nitinol, the shape memory alloy tested in the UNR project, has a unique ability even amongst SMAs. While the majority of SMAs are only temperature-sensitive, meaning that they require a heat source to return to their original shape, Nitinol is also superelastic. This means that it can absorb the stress imposed by an earthquake and return to its original shape, which makes nitinol a particularly advantageous alternative to steel. In fact, the superelasticity of nickel titanium is between 10 to 30 times the elasticity of normal metals like steel.

Many of us know nickel titanium from our flexible prescription eyeglass frames. The material allows frames to easily return to their original shape after being bent in any direction. Nickel titanium's uses are extremely varied, with applications that range from medicine to heat engines, lifting devices and even novelty toys--and now, earthquake engineering.

To assess the performance of nickel-titanium reinforced concrete bridges, the researchers analyzed three types of bridge columns: traditional steel and concrete, nickel titanium and concrete, and nickel titanium and engineered cementitious composites (ECC), which include cement, sand, water, fiber and chemicals. First, they modeled and tested the columns in OpenSEES, an earthquake simulation program developed at the University of California, Berkeley. Finally, they assembled and tested the columns on the UNR NEES shake table.

To strengthen the concrete and prevent immediate failure in an earthquake, the researchers used the shake tables to test glass and carbon fiber-reinforced polymer composites. Both composites substantially enhanced the reinforcing properties of concrete and the columns resisted strong earthquake forces with minor damage.

The results of both the modeling and shake table tests were extremely promising. The nickel titanium/ECC bridge columns outperformed the traditional steel and concrete bridge columns on all levels, limiting the amount of damage that the bridge would sustain under strong earthquakes.

While the initial cost of a typical bridge made of nickel titanium and ECC would be about 3 percent higher than the cost of a conventional bridge, the bridge's lifetime cost would decrease. Not only would the bridge require less repair, it would also be serviceable in the event of moderate and strong earthquakes. As a result, following a strong earthquake, the bridge would remain open to emergency vehicles and other traffic.

-- Misha Raffiee, California Institute of Technology

About the author: Misha Raffiee is a sophomore undergraduate at the California Institute of Technology, but she began work with UNR on the NSF/NEES 4-Span Bridge Project following her graduation from high school at age 15. As an undergraduate research fellow, Raffiee was given the opportunity to conduct her own complementary research, a feasibility study of copper-based shape memory alloys and ECC. Copper-based SMAs, such as copper-aluminum-beryllium (CuAlBe) are predicted to be more cost-effective than other shape memory alloys, such as nickel titanium. Using computer modeling and testing in the Open System for Earthquake Engineering Simulation with the results from the nickel titanium-reinforced concrete runs, Raffiee was able to assess the performance of a unique CuAlBe and ECC column. She presented her findings at NSF's Young Researcher's Symposium at the University of Illinois, Urbana-Champaign, and later assisted in presentations of the nickel titanium-reinforced concrete column project at an NSF showcase event held at the United States Senate. Raffiee credits the experience as an NSF/NEES Undergraduate Research Fellow with helping her grow both as a researcher and as a scholar, solidifying her post-graduate aspirations.

PRESIDENT OBAMA'S REMARKS REGARDING SYRIA'S USE OF CHEMICAL WEAPONS

FROM:  U.S. DEFENSE DEPARTMENT 
Obama: Strike Syrian Regime, But Have Congressional Debate, Vote
By Karen Parrish
American Forces Press Service

WASHINGTON, Aug. 31, 2013 - President Barack Obama said today he supports a U.S. military strike against Syrian regime targets in response to the regime's use of chemical weapons against its own people, but he called on Congress to debate and vote on how America should react to "the worst chemical weapons attack of the 21st century."

At the White House Rose Garden, Obama spoke of the Aug. 21 attack on Damascus suburbs that, he noted, killed more than 1,000 people, including several hundred children -- "young girls and boys gassed to death by their own government."

"Ten days ago, the world watched in horror as men, women and children were massacred in Syria," the commander in chief said. " ... Yesterday, the United States presented a powerful case that the Syrian government was responsible for this attack on its own people."

The president said U.S. intelligence reports "show the Assad regime and its forces preparing to use chemical weapons, launching rockets into highly populated suburbs of Damascus, and acknowledging that a chemical weapons attack took place. And all of this corroborates what the world can plainly see: hospitals overflowing with victims; terrible images of the dead."

Obama called the attack "an assault on human dignity" that also presents a serious danger to U.S. national security and "risks making a mockery of the global prohibition on the use of chemical weapons."

Syria is currently embroiled in a bitter civil war pitting President Bashar Assad and his regime against the rebel opposition. The situation presents a danger to U.S. friends and partners on Syria's borders, Obama said, such as Israel, Jordan, Turkey, Lebanon and Iraq.

The Syrian regime's use of chemical weapons could lead to their escalated use in the region, he said, or their proliferation to terrorist groups intent on harming the United States.

"In a world with many dangers, this menace must be confronted," the president said.

Obama said after careful deliberation, he has decided "that the U.S. should take military action against Syrian regime targets." Such an intervention would be limited in scope and duration and would not place U.S. boots on the ground inside Syria, he said.

"I'm confident we can hold the Assad regime accountable for their use of chemical weapons, deter this kind of behavior, and degrade their capacity to carry it out," he said.

Obama said the United States has military assets in the Middle East, and he noted that Army Gen. Martin E. Dempsey, chairman of the Joint Chiefs of Staff, "has informed me that we are prepared to strike whenever we choose."

Dempsey has also advised "that our capacity to execute this mission is not time-sensitive," the president said.

"It will be effective tomorrow, or next week, or one month from now," Obama said. "And I'm prepared to give that order."

Obama added, however, that as president of "the world's oldest constitutional democracy," he has also decided that as leader of a representational government, "I will seek authorization for the use of force from the American people's representatives in Congress."

He said he has spoken with U.S. Senate and House leaders, "and they've agreed to schedule a debate and then a vote as soon as Congress comes back into session."

The president said his administration stands ready to inform Congress "what happened in Syria and why it has such profound implications for America's national security."

He added that he is confident that action need not wait on United Nations inspectors.

"I'm comfortable going forward without the approval of a United Nations Security Council that, so far, has been completely paralyzed and unwilling to hold Assad accountable," Obama said.

As a consequence, he added, many people "have advised against taking this decision to Congress, and undoubtedly, they were impacted by what we saw happen in the United Kingdom this week when the Parliament of our closest ally failed to pass a resolution with a similar goal, even as the Prime Minister supported taking action.

"And undoubtedly," he continued, "they were impacted by what we saw happen in the United Kingdom this week when the parliament of our closest ally failed to pass a resolution with a similar goal, even as the prime minister supported taking action."

Yet, any U.S. military actions against the Syrian regime will be more effective if they follow a debate in Congress and a vote, Obama said.

"We should have this debate, because the issues are too big for business as usual," he said.

A government that considers even limited military force faces a grave decision, Obama acknowledged.

"I respect the views of those who call for caution, particularly as our country emerges from a time of war that I was elected in part to end," he said. "But if we really do want to turn away from taking appropriate action in the face of such an unspeakable outrage, then we must acknowledge the costs of doing nothing."

The president said his question to Congress and the global community is this: "What message will we send if a dictator can gas hundreds of children to death in plain sight and pay no price? What's the purpose of the international system that we've built if a prohibition on the use of chemical weapons that has been agreed to by the governments of 98 percent of the world's people and approved overwhelmingly by the Congress of the United States is not enforced?"

He continued, "... We cannot raise our children in a world where we will not follow through on the things we say, the accords we sign, the values that define us."

The president said his message to the world is that "an atrocity committed with chemical weapons is not simply investigated, it must be confronted."

Obama said he knows Americans are weary of war.

"We've ended one war in Iraq," he said. "We're ending another in Afghanistan. And the American people have the good sense to know we cannot resolve the underlying conflict in Syria with our military. In that part of the world, there are ancient sectarian differences, and the hopes of the Arab Spring have unleashed forces of change that are going to take many years to resolve. And that's why we're not contemplating putting our troops in the middle of someone else's war."

The United States will continue to support the Syrian people through pressure on the Assad regime, commitment to the opposition, care for the displaced, and pursuit of a political resolution "that achieves a government that respects the dignity of its people," Obama said.

American values dictate that the nation "cannot and must not turn a blind eye to what happened in Damascus," he said.

"So to all members of Congress of both parties, I ask you to take this vote for our national security," Obama said. "... I've told you what I believe, that our security and our values demand that we cannot turn away from the massacre of countless civilians with chemical weapons.

"I'm ready to act in the face of this outrage," he added. "Today I'm asking Congress to send a message to the world that we are ready to move forward together as one nation."

DOD SAYS NEW ARCHITECTURE-SHARING CAN INCREASE BANDWIDTH, SECURITY AND SAVE MONEY

FROM:  U.S. DEFENSE DEPARTMENT 
Shared IT Architecture Leads to Cost Savings
By Claudette Roulo
American Forces Press Service

WASHINGTON, Aug. 28, 2013 - A new architecture-sharing and modernization agreement among the Air Force, the Army and the Defense Information Systems Agency will increase bandwidth and network security and avoid more than $1 billion in future costs.

"As [the Defense Department] continues to move aggressively towards [the Joint Information Environment], this partnership is an important step forward," said Teresa M. Takai, DOD's chief information officer.

Due to force structure changes, the Army was left with excess information technology capacity, said Richard Breakiron, network capacity domain manager for the Army's chief information office. At the same time, the Air Force was seeking to modernize its IT architecture to meet the requirements of the future joint information environment.

By partnering and taking advantage of the Army's upgrade to faster multiprotocol label switching routers and regional security stacks, the Air Force was able to identify about $1.2 billion in cost avoidance. The Army expects to reduce its IT budget by $785 million between fiscal years 2015 and 2019 by consolidating hundreds of network security stacks into 15 joint regional security stacks, which the Air Force will also use.

"It's great to have strong partners as we move toward JIE," said Gen. William L. Shelton, Air Force Space Command commander. "I especially appreciate the tremendous spirit of cooperation that has emerged between the Army, Air Force, and DISA teams."

MPLS routers are an industry-standard technology for speeding and managing network traffic flow. The upgraded routers will increase the backbone bandwidth to 100 gigabytes per second, said Mike Krieger, the Army's deputy chief information officer. At Army installations, network speeds will rise to 10 gigabytes per second, he said. To put that in perspective, Fort Hood, Texas, currently operates at 650 megabytes per second, Krieger said.

Regional security stacks are designed to improve command and control and situational awareness and are essential to enabling a single security architecture in the joint information environment, said Krieger. The move will tremendously increase the network security posture and reduce costs, he added.

"More and more, we're saying that some of the service-delivery capability can be managed at the enterprise level, greatly improving efficiency, effectiveness and security," Breakiron said. But, he noted, to perform these enterprise functions off of the local installation, the IT backbone must be much more robust, because users are relying on it for much more service capability.

The new, larger-capacity routers will help the Air Force and Army converge their enterprise network backbones and gain cost savings in other areas, he said.

"As we do our investment in MPLS, it now allows us to do not only [Voice over Internet Protocol], it allows us to do unified capabilities and it allows us to put much more of this capability up at the enterprise level," Brig Gen Kevin Wooton, Air Force Space Command director of communication, said.

Together, MPLS routers and the regional security stack construct improve performance and security, said Air Force Lt. Gen. Ronnie D. Hawkins Jr., DISA director.

"It creates a network that is fundamentally more defensible and more efficient," Hawkins said. He added that the move is a major step in building the Joint Information Environment architecture.

The Army and DISA plan to implement the joint MPLS transport cloud and JRSS consolidation in fiscal years 2013 and 2014 to support operations in Southwest Asia and the continental United States.

The Air Force and the Army will have access to data from JRSSs that are owned and operated by DISA as a joint capability. Army and Air Force cyber components will continue to execute cyber defense on their networks.

"As we modernize the DOD network, the Army is committed to a joint solution that helps achieve the joint information environment," said Lt. Gen. Susan S. Lawrence, the Army's chief information officer.

Weekly Address: Commemorating Labor Day | The White House

Weekly Address: Commemorating Labor Day | The White House

SOLDIER PLEADS GUILTY TO BRIBERY

FROM:  DEFENSE DEPARTMENT 
Thursday, August 29, 2013
Army Soldier Pleads Guilty in Kentucky to Bribery Charges for Facilitating Thefts of Fuel in Afghanistan

U.S. Army Sergeant Kevin Bilal Abdullah pleaded guilty today to bribery charges for his role in the theft of fuel at Forward Operating Base (FOB) Fenty, near Jalalabad, Afghanistan.

The guilty plea was announced by Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney for the Western District of Kentucky David J. Hale.

 Abdullah, 30, of Fort Campbell, Ky., pleaded guilty before U.S. District Judge Thomas B. Russell in the Western District of Kentucky to one count of conspiracy to commit bribery and one substantive count of bribery.

According to court documents, in approximately May and June 2010, Abdullah was involved in overseeing the delivery of fuel from FOB Fenty to other military bases.  As part of this process, documents generally described as “transportation movement requests” (TMRs or mission sheets) were created to authorize the movement of fuel.

According to court documents, Abdullah created fraudulent TMRs that purported to authorize the transport of fuel from FOB Fenty to other military bases, even though no legitimate fuel transportation was required.  After the trucks were filled with fuel, the fraudulent TMRs were used by the drivers of the fuel trucks at FOB Fenty’s departure checkpoint in order to justify the trucks’ departures from FOB Fenty.  In truth, the fuel was simply stolen.

Abdullah pleaded guilty to receiving payments from a representative of the trucking company in exchange for facilitating the theft of approximately 25 truckloads of fuel.  According to court documents, the loss to the United States as a result of the theft was in excess of $400,000.

Abdullah’s plea is the third guilty plea arising from this investigation of fuel thefts at FOB Fenty.  On Aug. 3, 2012, Jonathan Hightower, a civilian employee of a military contractor who had conspired with Abdullah, pleaded guilty to similar charges.  On Oct. 10, 2012, Christopher Weaver also pleaded guilty to fuel theft charges.  A fourth individual, Stephanie Charboneau, was indicted April 9, 2013, and is pending trial on fuel theft-related charges.  

This case is being prosecuted by Trial Attorney Mark H. Dubester of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Michael A. Bennett of the Western District of Kentucky.  This case was investigated by the Special Inspector General for Afghanistan Reconstruction; Department of the Army, Criminal Investigations Division; Defense Criminal Investigative Service; and FBI.

RPA Joins Wildfire Fight in California

RPA Joins Wildfire Fight in California